INVITATION TO BID FOR THE CONSTRUCTION OF JONES BRIDGE ROAD INTERSECTION IMPROVEMENTS Jones Bridge Road at Morton Road - CSSTP-0006-00(907), PI No. 0006907 Jones Bridge Road at Waters Road - CSSTP-0006-00(908), PI No. 0006908 Jones Bridge Road at Buice Road - CSSTP-0006-00(910), PI No. 0006910 Fulton County BID NUMBER 12-116 Release of Bid March 29, 2012 Bid Due Date April 25, 2012 at 2:00 P.M. Questions must be directed to: City of Johns Creek, Purchasing Manager, John T. Henderson, via e-mail to: john.henderson@johnscreekga.gov ____________________________________ Tom Black Director of Public Works Bid Documents Prepared by: Wolverton & Associates, Inc. 6745 Sugarloaf Parkway, Suite 100 Duluth, GA 30097 (770) 447-8999 Table of Contents Topic Page Invitation to Bid .......................................................................................................3 Bid Form ................................................................................................................4 Bidding Instructions ................................................................................................6 Insurance Requirements ...........................................................................................8 Bonding Requirements.............................................................................................9 Bid ..........................................................................................................9 Performance .........................................................................................11 Payment................................................................................................13 Qualifications Signature and Certification.............................................................16 Bid Specifications ..................................................................................................17 Project Location Map .............................................................................................24 Bid Schedules.........................................................................................................25 Immigration & Security Form ...............................................................................34 Affidavit Verifying Lawful Presence Within the United States ............................35 GDOT Special Provisions ......................................................................................36 Special Provision 108 – Prosecution and Progress ..............................36 Special Provision 150 – Traffic Control ..............................................37 Special Provision 615 – Jacking or Boring Pipe ..................................38 Special Provision 647 – Traffic Signal Installation .............................42 Special Provision 687 – Traffic Signal Timing ...................................44 Special Provision 938 - Detection........................................................57 Davis Bacon Wage Rate Determination ................................................................87 Required Contract Provisions Federal-Aid Construction Contracts ......................91 Notice to Contractors Compliance with Title VI of the Civil Rights Act of the Civil Rights Act of 1964 for Federal-Aid Contracts ............................................107 Standard Federal Equal Employment Opportunity Construction Contract Specifications ........................................................................................112 Drug-Free Workplace Certification .....................................................................135 CITY OF JOHNS CREEK Purchasing Division Jones Bridge Road Intersection Improvements Invitation To Bid #12-116 The City of Johns Creek is accepting formal sealed Invitation to Bid (ITB) from qualified construction firms for the above referenced project. Sealed ITB’s will be received no later than 2:00 PM on April, 25 2012 in the City of Johns Creek Purchasing Office, 12000 Findley Rd., Suite 400, Johns Creek, Georgia, 30097 at which time ITB’s will be opened and publicly read aloud. ITB’s received after the above time or in any other location other than the Purchasing Office will not be accepted. A Pre-Bid Conference will be held on April 10, 2012 at 10:00AM at the City Hall location Chattahoochee Conference Room. Georgia Department of Transportation Standard Specifications, 2001 Edition, Supplemental Specifications Book, 2008 edition, and applicable Supplemental Specifications and Special Provisions. The DBE goal for this project is: 12%. Bidders submitting a bid $2,000,000 or less must be either a prequalified contractor or a registered subcontractor with GDOT. Bidders submitting bids in excess of $2,000,000 must be prequalified with the GDOT. The City of Johns Creek, in accordance with Title VI of the Civil Rights Act of 1964 and 78 Stat. 252, 42 USC 2000d—42 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award. ITB packages and plans are available on the City of Johns Creek website (http://www.johnscreekga.gov/services/purchasing). Additional information may be obtained by contacting the Purchasing Office at (678) 512-3233. ITB’s shall be presented in a sealed opaque envelope with the ITB number and name clearly marked on the outside of the envelope. The name of the company or firm submitting an ITB response should also be clearly marked on the outside of the envelope. TWO (2) ORIGINAL HARD COPIES AND ONE (1) COPY ON CD OF THE ITB MUST BE SUBMITTED. All offerors must comply with all general and special requirements of the ITB information and instructions enclosed herein. John Kachmar City Manager Mike Bodker Mayor 3 BID FORM TO: PURCHASING MANAGER CITY OF JOHNS CREEK JOHNS CREEK, GEORGIA 30097 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Johns Creek, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: JONES BRIDGE ROAD INTERSECTION IMPROVEMENTS The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Johns Creek in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). All materials used in the process of completion of the work included in the Contract will be furnished from Georgia Department of Transportation certified suppliers only. It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled. Attached hereto is an executed Bid Bond or certified check on the (Bank) of (City, State) ________________________________________________ in the amount of Dollars ($ (Five Percent of Amount Bid). If this bid shall be accepted by the City of Johns Creek and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Johns Creek may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void. 4 Bidder also acknowledges receipt of the following addenda: Addendum No. Date Received The DBE goal for this project is: 12% Bidders submitting a bid $2,000,000 or less must be either a prequalified contractor or a registered subcontractor with GDOT. Bidders submitting bids in excess of $2,000,000 must be prequalified with the GDOT Bidder further declares that the full name and resident address of Bidder’s Principal is as follows: Signed, sealed, and dated this _______________ day of _____________________________, 2012 Bidder . (Seal) Bidder Mailing Address: By: Title: By: Title: 5 BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS WILL RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND AUTOMATIC REJECTION: 1. Completed Bid Schedule and Bid Form 2. Applicable Addenda Acknowledgement(s) 3. Appropriate Bond Information The following additional items will be included in the bid response package: 1. Georgia Security and Immigration Compliance Affidavit 2. DBE Forms 3. Certificate of Insurance 4. The bidder shall provide References to verify experience with similar type projects BIDDING REQUIREMENTS GDOT Specification – Section 102-Bidding Requirements and Conditions will be followed for this bid package unless otherwise noted. All questions should be e-mailed to john.henderson@johnscreekga.gov. The deadline for submitting questions is April 10, 2012 @ 5:00 p.m. Responses to questions will be submitted in an addendum on April 13, 2012. Information concerning this bid, including addendum information and question responses, can be found online at www.johnscreekga.gov; link to purchasing page. Interested parties shall submit their completed bid by the date and time designated on the cover sheet to the City of Johns Creek Purchasing Office. The completed bid shall be delivered in a sealed, opaque envelope with the name of firm submitting, address, phone, and primary point of contact. Any bids received after the deadline will be returned to the bidder unopened. Each bid must be accompanied by a bid bond, prepared on an accepted form, duly executed by the bidder, in the amount of five percent (5%) of that bid. In order to allow for GDOT review and approval of the contract, the bid bond must be valid for a period of not less than 90 days. The successful bidder for this contract will be required to furnish a satisfactory performance bond in the amount of 100% of the bid and labor and material payment bond in the amount of one hundred and ten percent (110%) of the bid. If the Contract is awarded, it will be awarded to the lowest reliable bidder whose proposal shall have met all the prescribed requirements. The City seeks to ensure that all segments of the business community have access to supplying the goods and services needed by City programs. The City affirmatively works to encourage utilization of disadvantaged and minority business enterprises in our procurement activities. The City provides equal business opportunity for all businesses and does not discriminate against any persons regardless of race, color, religion, age, sex, national origin or handicap. 6 SCHEDULE: Release of Bid Pre-bid Conference Deadline for Questions Response to Questions Bid Due Date: Anticipated Notice to Proceed: Project Completion Date: 3/29/2012 4/10/2012 4/10/2012 4/13/2012 4/25/2012 6/25/2012 365 calendar days from the issuance of the NTP 7 INSURANCE REQUIREMENTS Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City covering: A. Workmen's Compensation Insurance in accordance with the laws of the State of Georgia. B. Public Liability Insurance in an amount of not less than one hundred thousand dollars ($100,000) for injuries, including those resulting in death to any one person, and in an amount of not less than three hundred thousand dollars ($300,000) on an account of any one occurrence. C. Property Damage Insurance in an amount of not less than fifty thousand dollars ($50,000) from damages on account of any occurrence, with an aggregate limit of one hundred thousand dollars ($100,000). D. Valuable Papers Insurance in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the PROJECT. Insurance shall be maintained in full force and effect during the life of the Agreement and until final completion of the PROJECT. Certificate Holder should read: The City of Johns Creek, Georgia, 12000 Findley Rd, Suite 400, Johns Creek, Georgia 30097. 8 BONDING REQUIREMENTS BID BOND KNOW ALL MEN BY THESE PRESENTS, THAT (Name of Contractor) (Address of Contractor) at (Corporation, Partnership and or Individual) hereinafter called Principal, and (Name of Surety) (Address of Surety A corporation of the State of , and a surety authorized by law to do business in the State of Georgia, hereinafter called Surety, are held and firmly bound unto City of Johns Creek Georgia (Name of Obligee) 12000 Findley Rd., Suite-400, Johns Creek, Georgia 30097 (Address of Obligee) herein after referred to as Obligee, in the penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. WHEREAS, the Principal is about to submit, or has submitted, to the City of Johns Creek, Georgia, a proposal for furnishing materials, labor and equipment for: JONES BRIDGE ROAD INTERSECTION IMPROVEMENTS WHEREAS, the Principal desires to file this Bond in accordance with law in lieu of a certified Bidder’s check otherwise required to accompany this Proposal. NOW, THEREFORE, the conditions of this obligation are such that if the bid is accepted, the Principal shall within ten days after receipt of notification of the acceptance execute a Contract in accordance with the Bid and upon the terms, conditions, and prices set forth in the form and manner required by the City of Johns Creek, Georgia, and execute a sufficient and satisfactory Performance Bond payable to the City of Johns Creek, Georgia, in an amount of 100% of the total Contract Price, and Payment Bond in the amount of 110% of the total Contract Price in form and with security satisfactory to said the City of Johns Creek, Georgia, and otherwise, to be and remain in full force and virtue in law; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the City of Johns Creek, Georgia, upon demand, the 9 amount hereof in good and lawful money of the United States of America, not as a penalty, but as liquidated damages. PROVIDED, FURTHER, that Principal and Surety agree and represent that this bond is executed pursuant, to and in accordance with the applicable provisions of the Official Code of Georgia Annotated, as Amended, including, but not limited to, O.C.G.A. SS 13-10-1, et. Seg. And SS 36-86101, et. Seg. And is intended to be and shall be constructed as a bond in compliance with the requirements thereof. Signed, sealed, and dated this day of A.D. 2012 ATTEST: (Principal Secretary) (Principal) (SEAL) BY: (Witness to Principal) (Address) (Address) (Surety) ATTEST BY: (Attorney-in-Fact) and Resident Agent (Attorney-in-Fact) (SEAL) (Address) (Witness as to Surety) (Address) 10 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT (Name of Contractor) (Address of Contractor) (Corporation, Partnership or Individual) Hereinafter called Principal, and (Name of Surety) (Address of Surety) A Corporation of the State of and a surety authorized by law to do business in the State of Georgia, hereinafter called Surety, are held and firmly bound unto The City of Johns Creek. Georgia (Name of Obligee) 12000 Findley Rd., Suite-400, Johns Creek, Ga. 30097 (Address of Obligee) hereinafter referred to as Obligee; are held firmly bound unto said Obligee and all persons doing work or furnishing skill, tools, machinery, supplies, or material under or for the purpose of the Contract hereinafter referred to, in the penal sum of: Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. The condition of this obligation is such, as whereas the Principal entered into a certain contract, hereto attached, with the Obligee, dated for: , 2012. NOW THEREFORE, the conditions of this obligation are such that if the above bound Principal shall well, truly, fully and faithfully perform said contract according to its terms, covenants, conditions, and agreements of said contract during the original term of said contract and any extensions thereof that may be granted by the oblige, with or without notice to the Surety, and during the life of any guaranty required under the contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreement of any and all duly authorized modifications of said contract that may hereafter be made, then his obligation shall be void, otherwise to remain in full force and effect. 11 PROVIDED FURTHER, that said Surety to this Bond, for value received, hereby stipulates and agrees that no change, extension of time, alterations, or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alterations, or additions to the terms of the Contract or to the work to be performed thereunder. PROVIDED, FURTHER, that Principal and Surety agree and represent that this bond is executed pursuant to and in accordance with the applicable provisions of the Official Code of Georgia Annotated, as Amended, including but not limited to, O.C.G.A. SS 13-10-1 et. Eq. and SS 36-86-101, et. Seg., and is intended to be and shall be construed as a bond in compliance with the requirements thereof. Signed, sealed, and dated this 2012 day of A.D., ATTEST: (Principal Secretary) (Principal) (SEAL) BY: (Witness to Principal) (Address) (SURETY) ATTEST BY: Attorney-in-Fact) and Resident Agent (Attorney-in-Fact) (SEAL) (Address) _ (Witness as to Surety) (Address) 12 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT (Name of Contractor) (Address of Contractor) (Corporation, Partnership or Individual) Hereinafter called Principal, and (Name of Surety) (Address of Surety) a Corporation of the State of and a surety authorized by law to do business in the State of Georgia, hereinafter called Surety, are held and firmly bound unto The City of Johns Creek Georgia (Name of Obligee) 12000 Findley Rd., Suite-400, Johns Creek, Georgia 30097 (Address of Obligee) hereinafter referred to as Obligee; for the use and protection of all subcontractors and all persons supplying labor, services, skill, tools, machinery, materials and/or equipment in the prosecution of the work provided for in the contract herein after referred to in the full and just sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, the Principal and Surety bind themselves, their, and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such, as whereas the Principal entered into a certain contract. hereto attached, with the Obligee, dated for . NOW, THEREFORE, the conditions of this obligation are such that if the Principal shall well, truly, and faithfully perform said Contract in accordance to its terms, covenants, and conditions, and shall promptly pay all persons furnishing labor, materials, services, skill, tools, machinery and/or equipment for use in the performance of said Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. All persons who have furnished labor, materials, services, skill, tools, machinery and/or equipment for use in the performance of said Contract shall have a direct right of action on this Bond, provided payment has not been made in full within ninety (90) days after the last day on which labor was 13 performed, materials, services, skill, tools, machinery, and equipment furnished or the subcontract completed. PROVIDED FURTHER, that said Surety to this Bond, for value received, hereby stipulates and agrees that no change, extension of time, alterations, or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alterations, or additions to the terms of the Contract or to the work to be performed thereunder. PROVIDED, HOWEVER, that no suit or action shall be commenced hereunder by any person furnishing labor, materials, services, skill, tools, machinery, and/or equipment having a direct contractual relationship with a subcontractor, but no contractual relationship express or implied with the Principal: Unless such person shall have given notice to the Principal within One Hundred and Twenty (120) days after such person did, or performed the last of the work or labor, or furnished the last of the materials, services, skill, tools, machinery and/or equipment for which claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials, services, skill, tools, machinery and/or equipment were furnished, or for whom the work or labor was done or performed. Such a notice shall be served by mailing the same by registered mail, postage prepaid, in an envelope addressed to the Principal, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer, and a copy of such notice shall be delivered to the Obligee, to the person and at the address provided for in the Contract, within five (5) days of the mailing of the notice to the Principal. PROVIDED, FURTHER, that any suit under this bond must be instituted before the expiration of one (1) year after the acceptance of the public works covered by the Contract by the proper authorities. PROVIDED, FURTHER, that Principal and Surety agree and represent that this bond is executed pursuant to and in accordance with the applicable provisions of the Official Code of Georgia Annotated, as Amended, including, but not limited to, O.C.G.A. SS 13-10-1, et. Eq. and SS 36-86-101, et. Seg., and is intended to be and shall be construed as a bond in compliance with the requirements thereof. 14 Signed, sealed, and dated this day of _A.D., 2012 ATTEST: (Principal Secretary) (Principal) (SEAL) BY: (Witness to Principal) (Address) (Address) (Surety) ATTEST BY: (Attorney-in-Fact) (Attorney-in-Fact) and Resident Agent (SEAL) (Address) (Witness as to Surety) (Address) 15 QUALIFICATIONS SIGNATURE AND CERTIFICATION (Bidder to sign and return) I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. Seq. have not been violated and will not be violated in any respect. Authorized Signature Date Print/Type Name Print/Type Company Name Here CORPORATE CERTIFICATE I, foregoing bid; that , certify that I am the Secretary of the Corporation named as Contractor in the who signed said bid in behalf of the Contractor, was then (title) of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of This day of , 2012 (Seal) (Signature) LIST OF SUBCONTRACTORS I do , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subContractors: Company Name: The City of Johns Creek requires 51% participation by the prime Contractor on all projects. 16 Bid Specifications Jones Bridge Road Intersection Improvements PURPOSE, INTENT AND PROJECT DESCRIPTION The contractor will construct an asphalt pavement, storm drainage, concrete sidewalk/multi-use trail, and all other miscellaneous items necessary for the completion of the work within the City of Johns Creek (City) Georgia. This work includes the following projects: 1. 2. 3. Jones Bridge Road at Buice Road Intersection Improvement (GDOT P.I. #0006910) Jones Bridge Road at Morton Road Intersection Improvement (GDOT P.I. #0006907) Jones Bridge Road at Waters Road Intersection Improvement (GDOT P.I. #0006908) The Contractor will construct all work per Georgia Department of Transportation Standard Specifications, latest edition; Supplemental Specifications Book, latest edition; and applicable Supplemental Specifications and Special Provisions; Contract Documents including but not limited to typical sections, scope of work, plan drawings, and specifications; Schedule; and Budget. In case of discrepancy between the unit price and the total price on the completed Bid Schedule, the unit price will prevail and the total price will be corrected. The successful bidder must have verifiable experience at construction of similar projects in accordance with these specifications. Bidder shall provide references for similar type projects. The Prime Contractor must be a GDOT Prequalified Contractor. All subcontractors must be Registered Subcontractors with GDOT. Contractors and Subcontractors must also be approved for use on the project. . Bidders submitting a bid $2,000,000 or less must be either a prequalified contractor or a registered subcontractor with GDOT. Bidders submitting bids in excess of $2,000,000 must be prequalified with the GDOT. DOT Forms 483, 484, and 485 will be used for the approval process. The Georgia Department of Transportation and the City will inspect the work as it progresses. All work shall be constructed according to the Plans, Standards, and Details. These documents are made part of the contract by reference and can be found on the City of Johns Creek (City) website at http://www.johnscreekga.gov/Services/purchasing.aspx. The contractor is responsible for printing the plans. Also on the City website are supporting documents. The information provided is for informational purposes only. The City does not warrant or guarantee the accuracy of the information provided. The selected contractor is responsible for printing all plans. Hard copies of plans will not be supplied by the City only electronic versions. SCOPE OF WORK Contractor shall refer to the general notes within the plans for additional scope of work information. 17 SPECIAL PROVISIONS All materials and workmanship associated with this contract shall meet current GDOT Specifications and Standards for construction materials, methods and procedures. The following are special provisions prepared specifically for this contract and may be in conflict with parts of the standard specifications. If conflicts are evident the special provisions shall take precedence over the standard specifications. Special Provision 108 – Prosecution and Progress Special Provision 150 – Traffic Control Special Provision 615 – Jacking or Boring Pipe Special Provision 647 – Traffic Signal Installation Special Provision 687 – Traffic Signal Timing Special Provision 938 - Detection PROSECUTION AND PROGRESS The Contractor will have 365 calendar days from issuance of the Notice to Proceed (NTP) to be substantially complete with the project. The Contractor will be considered substantially complete when all contract work, except punch list, work has been completed and accepted. The Contractor will mobilize with sufficient forces such that all construction identified as part of this contract shall be substantially completed by the completion date indicated above. Upon receipt of Notice to Proceed (NTP) the Contractor will be required to submit a progress schedule. The anticipated date that the contractor will receive NTP is June 25, 2012. The bid must be reviewed and approved by both GDOT and the City. Normal workday for this project shall be 8:00 AM to 5:00 PM and the normal work week shall be Monday through Friday. The City will consider extended workdays or work weeks upon written request. No work will be allowed on national holidays (i.e. July 4th, Labor Day, etc.). Refer to the Johns Creek web site for a calendar of holidays. Please refer to Special Provision 150 – Traffic Control for lane closure restrictions. The contractor will be responsible for providing all labor, materials, and equipment necessary to perform the work. The work specified for this project includes but not limited to placement of asphalt pavement, installation on storm drainage, traffic control, erosion control, grading, concrete forming and pouring, backfilling, grassing, and clean-up. The work will require bidder to provide all labor, administrative forces, equipment, materials and other incidental items to complete all required work. The City shall perform a Final Inspection upon completion of all work. The Contractor will be allowed to participate in the Final Inspection. All repairs shall be completed by the Contractor at his expense prior to issuance of Final Acceptance. 10% retainage will be held from the total amount due the Contractor until Final Acceptance of work is issued by the City. Materials must come from GDOT approved sources. The contractor will be required to submit in writing a list of proposed sources of materials. When required representative samples will be taken for 18 examination and testing prior to approval. The materials used in the work shall meet all quality requirements of the contract. Materials will not be considered as finally accepted until all tests, including any to be taken from the finished work have been completed and evaluated. Standard Specification 106 – Control of Materials will be used as a guide. All material is to meet the requirements outlined in the sampling testing and inspection manual. The Contractor shall be assessed liquidated damages in the amount of $300.00 per calendar day for any work not completed by 365 calendar days after the issuance of the NTP. Refer to special provisions and supplemental specifications: Section 108—Prosecution and Progress, Subsection 108.08, latest edition. Liquidated damages shall be deducted from the 10% retainage held by the City. The City has two local sidewalk projects (see location map) that will be bid in the summer of 2012. Contractor will be required to coordinate the work with the other local sidewalk projects. PERMITS AND LICENSES The Contractor shall procure all permits and licenses, pay all charges, taxes and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. Contractor shall submit Notice of Intent in order to obtain the appropriate NPDES permit as per plans. MATERIALS All materials will meet appropriate GDOT specifications. Materials quality control test types will meet GDOT specifications at a frequency equal to or exceeding that set by those specifications. Contractor will be responsible for replacing any work performed with material from rejected sample lot at no cost to the City. EXISTING CONDITIONS / DEVIATION OF QUANTITIES All information given in this ITB, shown on the plans and / or included in the supporting documentation concerning quantities, scope of work, existing conditions, etc. is for information purposes only. It is the Contractors responsibility to inspect the project site to verify existing conditions prior to submitting their bid. No adjustment will be made to the bid for differing site conditions. The City reserves the right to add, modify, or delete quantities. Contractor will be paid for actual inplace quantities completed and accepted for pay items listed in the Bid Schedule. Contractor will not be entitled to an adjustment of unit price on an item which increased or decreased from the original plan quantity. All other work required by this ITB, plans, specs, standards, etc. but not specifically listed in the Bid Schedule shall be considered “incidental work”. The bidder shall include the cost for all incidental work in their lump sum bid for Grading Complete. No adjustment will be made to the bid based on missing or inaccurate information. No payment will be made for additional work without prior written approval from the City. At no time will Contractor proceed with work outside the prescribed scope of services for which additional payment will be requested without the written authorization of the City. 19 UTILITIES Contractor is responsible for coordinating the relocation of all utilities. Contractor is to install all utilities per utility plan sheet unless noted otherwise. Contractor shall also be responsible for the adjusting to grade of existing utility structures that are incorporated into the work. Utility relocation of power poles has commenced and currently being coordinated by City staff. Contractor shall assume utility coordination responsibilities once contract is awarded. Fulton County to provide material for work associated with their waterlines. See Supporting Documentation for clarification of water blowout box relocation at the intersection of Jones Bridge and Buice Road. Fulton County Water Department has a project along Buice Road. This project limits overlap with the Jones Bridge at Buice Road Intersection Project and Buice Road Sidewalk. Contractor is responsible for coordinating construction on Buice Road with Fulton County’s “Alpharetta Water Transmission Main Project”. See Supporting Documentation for DRAFT construction plan. TRAFFIC CONTROL The Contractor shall, at all times, conduct his work as to assure the least possible obstruction to the citizens. The safety and convenience of the general public and the residents along the roadway and the protection of persons and property shall be provided for by the Contractor as specified in the State of Georgia, Department of Transportation Standard Specifications Sections 104.05, 107.09 and 150. Traffic whose origin and destination is within the limits of the project shall be provided ingress and egress at all times unless otherwise approved by the City. The ingress and egress includes entrances and exits via driveways at various properties, and access to the intersecting roads and streets. The Contractor shall maintain sufficient personnel and equipment (including flaggers and traffic control signing) on the project at all times, particularly during inclement weather, to insure that ingress and egress are safely provided when and where needed. Two-way traffic shall be maintained at all times, utilizing certified flaggers as necessary, unless otherwise specified or approved by the City. In the event of an emergency situation, the Contractor shall provide access to emergency vehicles and/or emergency personnel through or around the construction area. See Special Provision 150 – Traffic Control for information related to lane closures. The Contractor shall furnish, install and maintain all necessary and required barricades, signs and other traffic control devices in accordance with MUTCD and DOT specifications. Contractor shall take all necessary precautions for the protection of the workers and safety of the public. Contractor shall submit a traffic control plan to the City for approval. Lane closure along Waters will also need to be coordinated with the City of Alpharetta. All existing signs, markers and other traffic control devices removed or damaged during construction operations will be reinstalled or replaced at the Contractors expense unless otherwise directed. At no time will Contractor remove regulatory signing which may cause a hazard to the public. All personnel, equipment, and materials required for installing and maintaining traffic control shall be the responsibility of the contractor. 20 INVOICING The Contractor shall invoice monthly for work satisfactorily completed. Separate invoices will need to be submitted for each project. The City will retain 10% of the fee due the CONTRACTOR (calculated monthly). Retainage may be invoiced and will be paid as part of the final invoice submitted after the project has been completed and accepted. PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE The Contractor shall be responsible for the preservation of all public and private property, crops, fish ponds, trees, monuments, highway signs and markers, fences, grassed and sodded areas, etc. along and adjacent to the highway, road or street, and shall use every precaution necessary to prevent damage or injury thereto, unless the removal, alteration, or destruction of such property is provided for under the contract. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or in consequence of the non-execution thereof by the Contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or she/he shall make good such damage or injury in an acceptable manner. The Contractor shall correct all disturbed areas before retainage will be released. Contractor will be responsible for relocating mailboxes, if necessary, at no cost to the City. SURVEY The Contractor will be responsible for all staking necessary to complete construction activities. All survey equipment, stakes and other materials needed, will be considered incidental to construction operations and no additional compensation will be provided. Electronic CAD files will be available to the winning bidder for information purposes only. RIGHTS AND USE OF MATERIAL Materials excavated from the City owned right of way within the project limits become the property of the Contractor. The Contractor, at his/her discretion, may elect to incorporate any of the excavated material into his/her work provided and that it is suitable for the intended use. Materials identified to be removed and are unsuitable for the project will be removed from the site by the Contractor. All excavation, placement, hauling and grading of on-site material will be the Contractors responsibility. GRADING COMPLETE The Contractor shall be responsible for all grading work including all clearing, grubbing, hauling, grading, excavation, backfilling, and compaction tasks associated with the work. In addition to the above listed tasks, any costs associated with providing borrow material from a location not within the project limits will be the responsibility of the Contractor. Sub-grade excavation to required elevations, removal of excavated material if necessary, sub-grade compaction, fine grading, and back-filling excavated area with suitable material will be the responsibility of the Contractor. Also included in this work will be the removal and hauling off of existing curb, sidewalk, roadway, trees and any other items necessary to complete the work. 21 Sidewalk, shoulders, etc. shall be installed according to typical sections. Finished grade of disturbed areas will match and blend with adjacent areas not disturbed by construction operations. The Contractor is also responsible for all ditch grading required to maintain drainage. CONCRETE CURB AND GUTTER The Contractor shall saw cut the existing edge of pavement at locations where curb is to be installed to provide a straight and uniform tie-in. This work is incidental to the project and no separate payment will be made. The curb and gutter shall be installed in a manner to provide a uniform curb section. EROSION/SEDIMENT CONTROL It is the responsibility of the Contractor to follow all Federal, State and Local erosion and sediment control laws and specifications. This includes meeting all NPDES guidelines. Erosion/Sediment Control measures shall be installed and maintained by the Contractor throughout the duration of the project. The Contractor is responsible for the removal and disposal, off project site, all installed temporary erosion/sediment control measures when affected areas have been restored to a level where vegetative coverings will minimize erosion. GRASSING Contractor will be responsible for grassing installed shoulders and all other disturbed areas. This work shall consist of ground preparation, furnishing and planting, seeding (including the cost of the seed), fertilizing, sprigging, mulching and watering of all areas disturbed due to construction operations. This work will comply with GDOT Section 700 – “Grassing.” Finished grade of disturbed areas will match and blend with adjacent areas not disturbed by construction operations. In the event that areas are damaged prior to final project acceptance, the Contractor will repair or replace as necessary. The type of grass to be used shall match the type of grass on the adjacent property. PREPARATION OF SUBGRADE This work shall consist of constructing the sub-grade for the Concrete Sidewalk, Curb & Gutter and Graded Aggregate Base such that the finished line and grade will conform to the line and grade as shown on the plan or as directed by City. The subgrade will be compacted to a degree such that no noticeable deflection is apparent. Removal of unsuitable material and replacement with suitable material is the responsibility of the Contractor. The City staff will verify line, grade, and compaction prior to placement of any Concrete Sidewalk, Curb & Gutter and Graded Aggregate Base Contractor will not proceed without approval of the subgrade compaction by City. SAFETY Beginning with mobilization and ending with acceptance of work, the Contractor shall be responsible for providing a clean and safe work environment at the project site. The Contractor shall comply with all OSHA regulations as they pertain to this project. 22 CLEANUP All restoration and clean-up work shall be performed daily. Operations shall be suspended if the Contractor fails to accomplish restoration and clean-up within an acceptable period of time. Failure to perform clean-up activities may result in suspension of the work. WALL TREATMENT EXHIBIT 23 LOCATION MAP Jones Bridge Road Intersection Improvements Jones Bridge Road at Morton Road (GDOT PI #006907) Buice Road Sidewalk Improvements (City Project to be bid separately) Jones Bridge Road Sidewalk Improvements (City Project to be bid separately) City of Alpharetta Jones Bridge Road at Buice Road (GDOT PI #006910) City Limit Line City of Johns Creek Jones Bridge Road at Waters Road (GDOT PI #006908) 24 BID SCHEDULES 25 26 (JONES AT BUICE) (JONES AT BUICE) (JONES AT BUICE) 27 28 29 (JONES AT MORTON) (JONES AT MORTON) (JONES AT MORTON) 30 31 32 (JONES AT WATERS) (JONES AT WATERS) (JONES AT WATERS) TOTAL BID AMOUNT – ALL THREE LOCATIONS (SUM OF GRAND TOTALS) 33 IMMIGRATION AND SECURITY FORM CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. 1310-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Johns Creek has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 989-603], in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Johns Creek, contractor will secure from such subcontractors(s) similar verification of compliance with O.C.G.A. 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 or substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Johns Creek at the time the subcontractor(s) is retained to perform such service. EEV / Basic Pilot Program* User Identification Number BY: Authorized Officer or Agent (Contractor Name) Date Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS DAY OF 201 Notary Public My Commission Expires: *As of the effective date of O.C.G.A. 13-10-91, the applicable federal work authorization program is the “EEV/ Basic Pilot Program” operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA). 34 City of Johns Creek 12000 Findley Road, Suite 400 Johns Creek, Georgia 30097 (678) 512-3200 www.johnscreekga.gov O.C.G. A. § 50-36-1(e)(2) Affidavit Verifying Lawful Presence in the United States By executing this affidavit under oath, as an applicant for a(n) _______________________, as referenced in O.C.G.A. § 50-36-1, from the City of Johns Creek, a municipal corporation of the State of Georgia, the undersigned applicant verifies one of the following with respect to my application for a public benefit: I am a United States citizen. I am a legal permanent resident of the United States. I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is: ______________________________. The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A. § 50-361(e)(1), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: ________________________________________________________________________. In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in this affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in ____________________ (city), ______________________________(state). Signature of Applicant _________________________________________ Printed Name of Applicant and Title Subscribed and sworn to before me on this the day of , 20 . (Clerk/Notary Public) My commission expires: __________________ 35 GDOT Special Provisions November 12, 2010 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION Project No. CSSTP-0006-00(907), CSSTP-0006-00(908), CSSTP-0006-00(910) County: Fulton PI NO.: 0006907, 0006908, 0006910 SECTION 108 - PROSECUTION AND PROGRESS Retain Sub-Section 108.08 as written and add the following: 108.08. C: Intermediate Completion An overall Completion Date is established for this Project. For this project the following item of work and corresponding intermediate time is required: Jones Bridge Road intersection with Morton Road 1. Morton Road traffic may be detoured for a maximum of 45 calendar days. Time charges begin the day traffic is shifted to the detour and continue until the completion of all work and the roadway is reopened to safe and convenient use for the traveling public. Failure to reopen the roadway in accordance with the above will result in the assessment of Liquidated Damages at the rate of $1,000 per Calendar Day or portion thereof. The above rate is cumulative and is in addition to any Liquidated Damages which may be assessed for failure to complete the overall project. 2. Failure to re-open travel lanes as specified in Special Provision Section 150.11.A will result in the assessment of liquidated damages in the amount of $1,000.00 per hour or any part thereof. The above rate is cumulative and is in addition to any Liquidated Damages which may be assessed for failure to complete the overall project. MILLED SURFACES: Failure to cover milled surfaces as specified in Special Provision Section 150.11 will result in the assessment of liquidated damages in the amount of $1,000 per calendar day. The above rate is cumulative and is in addition to any Liquidated Damages which may be assessed for failure to complete the overall project. 36 November 12, 2010 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION Project No. CSSTP-0006-00(907), CSSTP-0006-00(908), CSSTP-0006-00(910) County: Fulton PI NO.: 0006907, 0006908, 0006910 SECTION 150 – TRAFFIC CONTROL ADD the following: 150.11 SPECIAL CONDITIONS: A. The Contractor shall not install lane closures, pace traffic or move equipment or materials on Jones Bridge Road, Buice Road or Water Road between the hours of 6:00 am to 9:00 am and 4:00 pm to 7:00 pm, Monday through Friday. B. The Contractor shall not install lane closures, pace traffic or move equipment or materials on Jones Bridge Road or Waters Road between the hours of 6:00 am to 7:00 pm Saturday. Existing pedestrian access is to remain open at all times during construction. C. MISCELLANEOUS : MILLED SURFACES: All milled surfaces shall be covered before they are opened to traffic. Failure to cover milled surfaces with asphaltic concrete mix as required by the applicable typical section shall be considered a failure to comply with the requirements of Section 150 Traffic Control and shall result in the assessment of nonrefundable deductions as specified in Special Provision Section 108.08 Enforcement. 37 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION Project No. CSSTP-0006-00(907), CSSTP-0006-00(908) County: Fulton PI NO.: 0006907, 0006908 Section 615—Jacking or Boring Pipe 615.1 General Description This work includes installing different sizes and types of pipe by jacking or boring through various materials. 615.1.01 Definitions General Provisions 101 through 150. 615.1.02 Related References A. Standard Specifications Section 205—Roadway Excavation Section 208—Embankments Section 550—Storm Drain Pipe, Pipe-Arch Culverts, and Side Drain Pipe Section 841—Iron Pipe Section 847—Miscellaneous Pipe B. Referenced Documents General Provisions 101 through 150. 615.1.03 Submittals A. Handling Method Furnish for the Engineer’s approval, a plan showing the proposed method of handling, including: Design for the jacking head, jacking support, or back stop Arrangement and position of jacks, pipe guides, etc., complete as assembled B. Welding Procedure Before welding steel pipe or ductile iron pipe as casing and carrier, submit to the State Materials and Research Engineer a written welding procedure. Include joint details, preheat temperature, and electrodes to be used. Do not use welded steel pipe as a sanitary sewer carrier. 38 615.2 Materials Use pipe types and sizes that conform to the Plans and the following: Material Section Corrugated Metal Pipe 550 Concrete Pipe 550 Steel Pipe 847.2.02 Ductile Iron Pipe (Plain Ends) 841 615.2.01 Delivery, Storage, and Handling General Provisions 101 through 150. 615.3 Construction Requirements 615.3.01 Personnel General Provisions 101 through 150. 615.3.02 Equipment General Provisions 101 through 150. 615.3.03 Preparation General Provisions 101 through 150. 615.3.04 Fabrication General Provisions 101 through 150. 615.3.05 Construction Dispose of the excavated material from the following jacking or boring operations or use it as directed by the Engineer at no additional cost to the Department. A. 1. 2. 3. 4. 5. Jacking Follow these requirements when jacking: Excavate suitable pits or trenches for the jacking operation and for placing the end joints of pipe, when required. Securely sheet and brace the pits or trenches to prevent caving, where necessary. When installing pipe under railroads, highways, streets, or other facilities by jacking or boring, perform construction and prevent: Interfering with the facility operation Weakening the roadbed or structure To force the pipe through the roadbed, use a jack with a head constructed to apply uniform pressure around the ring of the pipe. Set the pipe to be jacked on guides, braced together to properly support the pipe section and to direct it to the proper line and grade. Excavate the roadbed as follows: 39 a. Excavate roadbed material just ahead of the pipe. b. Remove the excavated material through the pipe. c. Ensure that the excavation diameter conforms to the outside diameter and circumference of the pipe as closely as possible. 6. Force the pipe through the roadbed into the excavated space. 7. Use an approved mix to pressure grout voids that develop during installation and that the Engineer determines are detrimental to the work. 8. Ensure that the excavation does not extend beyond the pipe more than 2 ft. (600 mm). Decrease the distance at the Engineer’s direction or if the character of the excavated material allows. 9. Jack the pipe from the low or downstream end. The line and grade from the pipe’s final position established by the Engineer may vary no more than two percent in lateral alignment and one percent in vertical grade. Ensure that the final grade of the flow line is in the direction indicated on the Plans. 10. Use a cutting edge around the head end. Extend it a short distance beyond the pipe end with inside angles or lugs to keep the cutting edge from slipping back into the pipe. 11. Once the pipe jacking has begun, proceed with the operation without interruption to prevent the pipe from becoming firmly set in the embankment. 12. Remove and replace pipe damaged in jacking operations at no additional expense to the Department. 13. After completing the jacking, immediately backfill the excavated pits or trenches. B. Boring Proceed with the boring from a pit provided for boring equipment and workmen. Complete these steps: 14. Excavate for pits and shoring installation as outlined above. 15. Locate the pit at the Engineer’s approval. 16. Bore the holes mechanically using a pilot hole approximately 2 in. (50 mm) in diameter that is bored the entire length of the installation. d. Check the pilot hole for line and grade on the opposite end of the bore from the work pit. e. Use the pilot hole to serve as the center line of the larger diameter hole to be bored. 17. Place excavated material near the top of the working pit and dispose of it as required. Use water or other fluids with the boring operation to lubricate the cuttings. Do not perform jetting. 18. In unconsolidated soil formations, use a gel-forming collodial drilling fluid with at least 10 percent of high grade carefully processed bentonite to consolidate excavated material, seal the walls of the hole, and lubricate subsequent removal of material and immediate pipe installation. 19. Ensure that the diameter of the excavation conforms to the outside diameter of the pipe as closely as possible. 20. See Subsection 615.3.05.A, “Jacking,” for the allowable variation from line and grade. 21. Use an approved mix to pressure grout voids that develop during the installation operation and that the Engineer determines are detrimental to the Work. 40 615.3.06 Quality Acceptance General Provisions 101 through 150. 615.3.07 Contractor Warranty and Maintenance General Provisions 101 through 150. 615.4 Measurement Pipe installed by jacking or boring is measured by the linear foot (meter) of pipe complete in place. Measurement is made between the ends of the pipe along the control axis as installed. 615.4.01 Limits General Provisions 101 through 150. 615.5 Payment Work performed and materials furnished as prescribed by this item and measured as provided above will be paid for at the Contract Price per linear foot (meter) for jacking and boring of the pipe type, size, and class specified. Payment is full compensation for furnishing the pipe and the incidentals to complete the Item. Excavation will not be paid for separately but will conform to Section 205 and Section 208. Payment will be made under: Item No. 615 Jack or bore pipe (type), (class), (size) 615.5.01 Adjustments General Provisions 101 through 150. 41 Per linear foot (meter) October 19, 2007 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION Project Nos. CSSTP-0006-00(907), CSSTP-0006-00(908), CSSTP-0006-00(910) County: Fulton PI NO.: 0006907, 0006908, 0006910 Section 647—Traffic Signal Installation Delete Subsection 647.3.07.A and substitute the following: Contractor Warranty and Maintenance Traffic Signal Equipment Maintenance Perform an inspection with the Engineer to determine the operational status of existing field equipment and finalize materials and equipment that is to be removed due to the project. Prepare written report identifying what equipment was operational and non-operational and responsibility for repair. Functional responsibility for new traffic signal equipment installed will become the responsibility of the Contractor until acceptance of the project. Contractor responsibility for operation, maintenance and response to reports of operational or equipment malfunction for existing or newly installed signal material at the intersection begins from the issuance of the Notice to Proceed (NTP) until Final Acceptance of the project. Measure and document existing vertical signal head clearance during the inspection. Maintain existing vertical clearances until Final Acceptance. Failure to measure and document vertical clearances as part of the inspection will require that all signals be maintained with a vertical clearance of 17 feet (5.1 m) until Final Acceptance. Maintain newly installed signals continuously as detailed in following sections, until Final Acceptance. Provide a telephone number where the Worksite Traffic Control Supervisor (WTCS) or responsible representative of the Contractor can be reached twenty four (24) hours a day seven (7) days a week in the event of an emergency. If a signal is not functioning properly: Non-Emergency Commence work on this signal within three (3) days of the delivery of written notice or e-mail from the Engineer. Failure to respond within three (3) days will result in liquidated damages in the amount of $1,000.00 per day, or portion of, until the work is complete. In addition, the cost of labor and materials will be charged by the Department if the Department takes corrective action after the three (3) days from written notice using its own forces or local municipality forces. The department or local municipality will not be held responsible or liable for any alleged damage to the signal or as a result of the signal malfunction due to problems that may occur after 42 the Department or local municipality forces make repairs. Emergency If the Engineer determines that the signal malfunction or failure is an operational hazard, the Contractor is to take corrective action within three (3) hours of the first attempt of verbal notification. Response shall be considered only when qualified personnel and equipment are provided. Failure to respond within three (3) hours will result in a non-refundable deduction of money of $1,000.00 with an additional charge of $500.00 per hour after the first three (3) hours until qualified personnel and equipment arrives on site and begins corrective action. In addition, the cost of labor and material will be charged by the Department if the Department takes corrective action after the three (3) hours notification using its own forces or local municipality forces. Total charges will not exceed $10,000.00 (per emergency call) in addition to the material cost and labor incurred to make repairs by the Department or local municipality forces respond to the malfunction. The Department or local municipality will not be held responsible or liable for any alleged damage to the signal or as a result of the signal malfunction due to problems that may occur after Department or local municipality forces make emergency repairs. The Contractor shall be responsible for all materials and equipment necessary to correct signal malfunction or repair. Final Acceptance will not be given until payment for such work is received. 43 Georgia Department of Transportation State of Georgia Special Provision Project No. CSSTP-0006-00(907), CSSTP-0006-00(908) County: Fulton PI NO.: 0006907, 0006908 Section-687 Traffic Signal Timing 687.1 General Description This work consists of developing and implementing, by a prequalified Signal Timing Consultant, a traffic signal operating plan designed to provide a safe and efficient operation of the intersections included in this Special Provision. This work includes system timing plan development, implementation and adjustment, and conducting before and after studies. Traffic-responsive development and implementation will be included as part of this project. GDOT will provide the following data to aid the consultant in developing signal timing plans: Turning movement counts (vehicle and pedestrian) 24-hour tube counts Signal phasing at each intersection Existing timing database Existing controller equipment inventory at each intersection Type of communication utilized in the system Controller cabinet location Sign locations Loop detector locations, type and reliability Proposed roadway construction and signal installations Lane configuration Turn bay lengths Approach grades Speed limit Distances for clearance values Distance between intersections 44 687.1.01 Definitions Use the following definitions for purposes of this section: A prequalified Contractor is defined as one who is qualified to perform work in Area Class Codes 3.06 and 3.09 in the Department’s Consultant Prequalification regulations. A signal timing plan is defined as a unique combination of cycle lengths, splits, and offsets for all intersections within a system or control section. A control section is defined as any portion of a traffic control system that can be controlled by a single set of timing parameters and in which all intersections change timing patterns at the same time. Engineer is defined as the District Traffic Engineer for the District in which the intersections are located or the GDOT Signal Timing Program Manager. Approved or approval is defined as written approval by the District Traffic Engineer or his or her designated representative. 687.1.02 Submittals Make the following four submittals to the Engineer for review and approval in the sequence and order listed. Each submittal must be obtained before conducting any associated work. 1. Preliminary Timing Plans/Assessment Report 2. Traffic-responsive volume and occupancy signature (if traffic-responsive information is required) 3. Traffic-responsive test results (if required) 4. Final Timing Plans Report 5. CD copies of all deliverables Submit all traffic signal timing data to the Engineer in a form utilizing the manufacturer’s software. Ensure that all work submitted is neat and legible. Submit two CD copies of all deliverables including Synchro files, timing databases, and reports. 687.2 Materials 687.2.01 Software The Department will not provide resources to fulfill any contractor obligations under this Special Provision. The Department will not furnish any software or equipment for the development and implementation of timing plans. The Department’s own signal system software may only be used on site. Obtain all necessary licensed software, equipment, and materials to support this work effort. All software used for this project must be registered to the Timing Consultant and must be 100 percent compatible with the software utilized by the Department. Supply proof of registration. 687.3 Construction Requirements 687.3.01 Field Review The timing consultant will review the GDOT-supplied data and validate the data by performing qualitative assessments of the systems. All validation shall be summarized in the Preliminary Timing Plans/Assessment Report. Also in doing these qualitative assessments for the systems, observe the systems for traffic patterns of the motorists in the area. Upon completion of the field qualitative assessments for the systems, check with GDOT and the local agencies to determine if any special local conditions exist that could affect the timing plan development process. A recommendation to use or not use traffic-responsive operation is also made at this time. 45 687.3.02 Initial Timing Plan Development Develop the number of signal timing plans determined in the Inventory/Data Collection/Timing Plan Assessment Report approved by the Engineer. Use a Department-approved computer signal timing analysis program to develop the signal timing plans. All software programs must be 100 percent compatible with the programs the Department currently uses. Program version numbers may be different as long as the data can be saved into the version utilized by the Department. Obtain approval of all computer programs to be used for this project from the Department. Provide the Department with program registration numbers. 687.3.02.01 Timing Plan Development Requirements Include in each timing plan controller, master (if present) and system settings necessary to allow coordinated operation of the intersections. Determine values for all controller parameters (local and coordination) and prepare the system database. Include the entire database for the local and master controllers, as well as the microcomputer-resident system database including local, master, and system wide graphics. 687.3.02 Preliminary Timing Plans/Assessment Report Develop a Preliminary Timing Plans/Assessment Report consisting of the following data: 1. Methodology for conducting before and after studies 2. Proposed number of timing plans 3. Recommended time-of-day for each plan’s time periods 4. Recommended day-of-week for each plan’s time periods 5. Proposed signal timing plans 6. Databases for each plan Submit to the Department procedures and a schedule for implementing and fine tuning the timing plans and for developing and testing traffic-responsive operation. Submit the signal timing development computer program input and output files for the proposed signal timing plans. Explain in this report the analysis and conclusions regarding the development of the signal timing plans. 687.3.03 Timing Plan Implementation Upon receipt of written approval of the Initial Timing Plan Report by the Engineer, implement the new signal and system timing graphics data for the entire system. Notify the Engineer five working days in advance of the implementation of the system timing plans. Do not schedule implementation on peak traffic days or during peak travel times without prior approval from the Engineer. Enter only approved data into the equipment at each location. If an intersection is ready for turn-on before the initial timing plans are developed, the existing timings (if suitable) or other approved temporary timings may be installed until the initial timing plans are developed. Enter the new timing data at each controller, through the master or from the workstation. If entering the timing data from the workstation, this person should be experienced with controller operation in the field during the implementation process. Obtain approval of the method of data entry from the Engineer prior to the entry of any data. Develop and implement all settings required for the system database. 687.3.04 Fine Tuning Review the timing plans and adjust this data as required by actual field conditions or as directed by the Engineer. Conduct this evaluation in three stages: 1. Conduct initial field verification within 24 hours of operating plan implementation. Review the operation of the equipment in the field to verify that the correct cycle lengths, splits, and offsets are being implemented by the system and that no major operating problems occur. 46 2. In the second stage, include a detailed on-street review of the operation of all timing plans. This review will determine where adjustments are required subject to excessive queues or vehicle delays. Upon determining these locations, make the necessary adjustments. 3. The third stage of the fine tuning consists of an on-street review of the timing plans by the Engineer, the Consultant, the Department, and the local agency, if applicable. The Consultant must request in writing notice to proceed with this stage and submit documentation of the activities in completing stages one and two before beginning the third stage. It is not the intent of stage three for the Department and the Local Agency to accomplish stages one and two for the Consultant. Stage three is reserved for the Department and the local agency to review and approve, reject or request changes to the final timings as installed by the Timing Consultant. As directed by the Department, the third stage could involve rejection of the timing plans, at which point the Timing Consultant must repeat stages one and two and then request a follow-up stage three review with the Department. As directed by the Department, the third stage could also require the Consultant to re-run the timing plan development program at lower or higher restricted ranges or at specific cycle lengths (as needed to achieve the desired progression and minimize delay). If so directed, implement the necessary adjustments and repeat the detailed on-street review. Notify the Department at least five working days in advance of all on-street reviews. The Department reserves the right to require that adjustments be made due to conditions observed in the field. Make any adjustments to the timings requested by the Department or its representative until the Final Timing Plan Report is submitted for review. Anticipate implementing all plans into the system and fine tuning all plans during the time-of-day/day-of-week (and season of year, if applicable) that the plans are scheduled to be in effect. Consultant shall present to the Department for approval any contract scheduling conflicts that may interfere with the proper scheduling of the timing plan implementation along with proposed resolutions. Complete the fine tuning prior to the beginning of the operational test period, as specified in Section 647.3.06.C of the Traffic Signal Installation Supplemental Specification. 687.3.05 Traffic-Responsive Plan Development For each intersection approach for which traffic-responsive thresholds are to be developed, collect 15minute volume and occupancy levels for a minimum of one week. Utilizing the system sensor data collected and field observations, graphically evaluate volume and occupancy levels for running the system in the traffic-responsive mode for each control section where timing plans have been developed and where system detectors exist. Based on the traffic-responsive algorithm utilized by the Department's traffic signal system software, develop a set of volume and occupancy signatures for selection of the most appropriate timing plan from the plans developed as defined above. Document the procedures and methods used for establishment of volume and occupancy thresholds and submit a set of volume and occupancy signatures to the Engineer for approval along with proposed time periods for operating in a traffic-responsive mode by control section. Develop a procedure to be approved by the Engineer that tests the validity of the volume and occupancy data being received by the designated system detectors. Test the traffic-responsive operation for each control section utilizing the volume and occupancy signatures developed. First develop a procedure whereby a traffic-responsive operation is placed in a background mode of operation. Demonstrate with this operational mode that volume and occupancy detector information is being collected and utilized in conjunction with an algorithm to select an appropriate timing plan for implementation. Selection of any timing plan in lieu of the most appropriate one will not be accepted. Following the background mode test, program traffic-responsive operation into the time-of-day/day-of-week scheduler and observe in the field. Conduct field verification and on-street reviews within 24 hours of traffic-responsive field plan implementation. Notify the Engineer at least three working days in advance of traffic-responsive field plan implementation. The Department reserves the right to direct the Consultant to make adjustments based on conditions viewed in the field. 47 Develop procedures for testing and submit them to the Engineer for approval. Include the documentation of the traffic-responsive simulation test results, which will provide the means for determining success or failure. 687.3.06 Final Timing Plans Include in the final timing plans parameters for each intersection and control section, which timing plans are available for manual and traffic-responsive selection, and the values of the traffic flow parameters used in the traffic-responsive selection program. Develop time-of-day/day-of-week schedule information, a system database, and graphics. Implement the system database into the District's resident microcomputer system, which contains the traffic signal system software. After all necessary adjustments are made to the timing, operating data, and system graphics, furnish two (2) signed copies in a notebook of the final local and system timing plans to the Department. Provide hard copies of the local and system timings on the signal system software manufacturer’s forms. Use the back-up routine provided in the Department’s signal system software to make a back-up of the system database. Supply two CD-ROM copies of all the generated reports, updated Synchro files with the final timing, copy of system database to the Department within a week of completion. 687.3.07 Effectiveness Study After the fine-tuning period, prepare and submit a cost/benefit analysis in a report format for review and approval by the Engineer. This analysis must include at a minimum: Emissions (NOx, CO, VOC) Total travel time (before and after) Stops/delays Fuel consumption Level of service Measure of efficiency 687.3.08 Training (only if requested by the Department) 687.3.08.01 Overview Provide instructors and all material for training Department and local agency personnel in the development and implementation of timing plans specifically related to this project. Submit instructors’ resumes, training course outlines, and samples of all training aids and manuals to the Engineer for approval at least 45 days prior to the proposed scheduled start of the training session. Obtain written approval of this material prior to the final scheduling of the training session or the final production of training materials. Do not schedule the training session until after the fine tuning has been completed. Develop and supply all necessary manuals, displays, class notes, visual aids, and/or other instructional materials as required to provide the training programs described herein. Bind the manuals individually in loose-leaf binders and provide up to 12 copies. Check with the Engineer to determine the final number of required manuals. Unless otherwise specified, conduct the training session at the District office. Provide up to 16 hours of training over two days. The dates and times of the training will be approved by the Engineer. Attendance will range from three to 12 persons. The Engineer will determine the personnel who will attend each training session. 687.3.08.02 Content Provide a course to instruct the procuring and maintaining agency in the procedures used in the development and implementation of timing plans for this project. Items to be covered are: 48 Relationship of signal timing program used to other programs available (Synchro, Passer, Tranyst) Data required for input into the signal timing program. What does the signal timing program do with the data and what are the most critical data items? Limitations of the program Timing plan methodology for this project Explanation of timing plan development process as related to the signal timing program. Terminology employed, data required, reports and graphics available for evaluation, definition of MOEs, and interpretation of results. Explanation of timing plan development process as related to this project. Provide process and reasons for the evaluation and selection of cycle length, splits, and offsets. Explain why it is an iterative process. Conversion of the timing plan output from the programs to the input utilized by the system and controller database. Installation of the timing plans for manual mode use and time-of-day use. What is fine tuning? What should one look for when fine tuning and how does one transfer the conclusions from fine tuning into database modifications? Development of parameters to be used in the database to implement traffic-responsive operation based on the data collected from the field What type of data should be collected in the field for traffic-responsive operation? How do you fine tune a traffic-responsive operation and how is an effectiveness study conducted? 687.4 Measurement 687.4.01 Construction Contracts Work performed under this specification will not be measured separately for payment. 687.4.02 Consultant Services Contracts Work performed under this specification will be measured based upon hours expended and expenses incurred subject to the labor and expenses defined in the contract and/or task order. 687.5 Payment 687.5.01 Construction Contracts For traffic signal timing that is a part of a construction contract, work performed under this specification will be paid for at the Lump Sum price bid under item 687 and will include all materials, labor, tools, equipment, supplies, and incidentals to complete the item of work. Payment will be made under: Item no. 687._Traffic Signal Timing... per Lump Sum. 687.5.02 Consultant Services Contracts For traffic signal timing that is a part of a consultant services contract, work performed under this specification will be paid for on a cost plus, services rendered basis up to the maximum amount specified in the contract and/or task order. 49 GDOT Data Example EXHIBIT A.1-A.5 50 51 52 53 Data Collection Format Example EXHIBIT A.5A- 24 HR Count Data Thu 19 May 2005 - Total=4003, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 - 1193 795 686 679 398 252 - 363 194 169 156 104 83 45 - 300 207 169 187 121 79 30 - 258 223 174 164 87 45 37 - 272 171 174 172 86 45 15 Fri 20 May 2005 - Total=17517, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 127 47 37 32 69 236 752 1608 1679 1095 833 1115 1524 1328 922 933 963 917 818 655 551 501 408 367 45 11 13 7 7 25 119 312 456 335 220 195 405 397 243 217 222 241 226 186 134 128 116 96 63 30 15 11 7 9 40 150 356 409 285 202 229 424 350 228 235 275 243 176 165 143 134 78 97 55 37 11 3 8 18 58 200 426 441 248 210 274 328 298 219 247 242 204 225 155 141 108 99 77 45 15 10 10 10 35 113 283 514 373 227 201 417 367 283 232 234 224 229 191 149 133 131 115 97 40 Sat 21 May 2005 - Total=10509, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 203 109 69 31 25 90 172 287 493 574 623 695 776 790 739 742 676 636 564 559 544 454 356 302 63 34 21 11 7 12 27 63 97 124 152 148 177 173 182 179 168 152 148 150 150 136 92 85 64 55 28 12 9 6 18 32 69 112 143 165 155 199 176 215 180 163 180 136 132 131 116 89 78 38 45 25 22 7 1 26 51 63 132 155 148 192 200 199 181 201 165 154 137 151 118 101 91 67 48 40 22 14 4 11 34 62 92 152 152 158 200 200 242 161 182 180 150 143 126 145 101 84 72 38 Sun 22 May 2005 - Total=8056, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 188 97 66 38 27 61 96 146 286 313 421 476 618 619 542 598 607 552 564 469 436 378 277 181 64 24 24 7 11 4 20 25 79 56 110 103 155 161 121 152 165 142 138 121 111 93 93 54 21 38 27 18 17 4 9 26 29 76 78 99 121 139 155 143 157 158 137 154 105 106 91 55 40 19 48 29 10 9 5 14 19 40 66 74 95 123 164 147 132 151 131 143 134 116 117 103 65 44 31 38 17 14 5 7 34 31 52 65 105 117 129 160 156 146 138 153 130 138 127 102 91 64 43 13 Mon 23 May 2005 - Total=16563, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 84 54 27 22 60 228 821 1662 1621 988 845 833 1132 1227 882 836 903 1213 939 665 510 481 322 208 21 12 13 4 4 24 106 342 460 275 219 185 255 332 222 228 209 317 255 184 135 112 81 57 25 19 20 5 4 8 37 183 387 375 235 219 216 246 314 224 222 228 326 231 170 110 117 87 48 18 31 13 6 5 16 68 204 451 410 249 203 195 301 290 227 202 188 268 242 158 139 142 77 56 22 13 9 3 9 32 99 328 482 376 229 204 237 330 291 209 184 278 302 211 153 126 110 77 47 15 Tue 24 May 2005 - Total=17522, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 54 2300 80 43 220 25 16 69 39 18 8 46 23 22 11 53 20 15 8 52 11 26 32 63 242 794 1733 1492 1186 949 916 1257 1300 869 766 991 1409 1139 671 614 425 305 11 5 8 29 112 382 384 320 266 198 255 367 250 188 253 330 374 187 165 120 82 6 7 11 46 175 374 350 342 233 236 298 337 219 211 256 373 317 185 170 113 96 4 8 13 57 218 458 386 277 208 236 330 302 189 171 242 351 247 150 154 98 64 5 12 31 110 289 519 372 247 242 246 374 294 211 196 240 355 201 149 125 94 63 Wed 25 May 2005 - Total=17652, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 93 55 44 32 71 252 766 1499 1758 1087 788 830 1255 1309 909 847 1072 1322 1271 711 587 477 353 264 39 15 12 9 15 33 94 324 435 316 199 186 307 369 259 204 256 260 357 187 165 149 107 74 30 23 16 7 6 8 50 178 370 445 260 211 204 288 301 237 241 266 373 365 179 151 104 87 76 35 20 10 13 6 21 68 220 395 411 241 182 207 303 361 220 194 297 342 303 185 143 109 70 58 29 11 14 12 11 27 101 274 410 467 270 196 233 357 278 193 208 253 347 246 160 128 115 89 56 19 Thu 26 May 2005 - Total=13087, 15 minute drops, 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 113 60 33 25 69 250 754 1361 1468 1072 810 907 1130 1275 944 760 977 1079 30 20 7 6 8 26 102 323 381 289 212 191 277 378 265 221 222 335 35 9 6 7 7 41 163 308 337 303 211 208 290 279 242 194 258 277 29 12 7 7 21 59 208 329 375 244 185 209 268 312 215 202 270 233 19 19 13 5 33 124 281 401 375 236 202 299 295 306 222 143 227 234 - 55 56 NAV01-052 Rev. 16.0 April 19, 2007 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION Project No. CSSTP-0006-00(907), CSSTP-0006-00(908) County: Fulton PI NO.: 0006907, 0006908 SECTION-938 DETECTION Section 938 - Detection Add the following: 938.1 General Description A. Not Applicable B. Intersection Video Detection System This work includes the procurement and installation of an Intersection Video Detection System (I-VDS) for use with a traffic signal/ramp meter controller in a traffic signal or ramp meter cabinet with card rack vehicle detector input files (for the cabinet type specified in the Plans). The I-VDS to be supplied analyzes video images to detect and count motor vehicles. Components comprising the I-VDS include, but are not limited to, video camera sensor(s), including the camera sensor housing and mounting hardware, intersection video detection system processor module(s) and output expansion module(s) which mount in the traffic signal controller cabinet input files, programming monitor(s), programming device(s) for system configuration through software (either pointing device or keyboard), cabling between camera sensor(s) and the cabinet, surge suppressors, terminations, and related equipment. Provide all equipment and materials of like kind and function to be of the exact same manufacture, model, revision, firmware, etc. Provide all equipment, materials, and work in accordance with all manufacturers’ recommendations. C. Microwave Radar Detection This work includes furnishing and installing a microwave radar detection system that provides true presence detection, vehicle count, occupancy, and speed information to the Department’s NaviGAtor advanced transportation management system. Components comprising the microwave radar detection system include, but are not limited to, microwave radar detector(s), including the detector housing and 57 mounting hardware, an application programming interface(API) and protocol for system communications, cabling between the microwave detector(s) and the cabinet, surge suppressors, terminations, and related equipment. Provide all equipment and materials of like kind and function to be of the exact same manufacture, model, revision, firmware, etc. Provide all equipment, materials, and work in accordance with all manufacturers’ recommendations. 938.1.01 Definitions Traffic Signal Controller Cabinet Input File: A Traffic Signal Controller Cabinet Input File is a chassis within a traffic signal cabinet rack that has slots where a detector card provides detector output to the traffic signal controller through its edge card connectors. The backplane connector pin output of the edge connectors conforms to Georgia traffic signal controller cabinet standards for the cabinet type specified in the plans. Processor Module, Type A: provides one video camera input sensor Processor Module, Type B: provides two (2) video camera input sensors IVDSn: IVDSn refers to all of the specific I-VDS components necessary for operation and detection on one approach leg of an intersection. The “n” denotes the approach’s through-movement controller phase in the nomenclature of a typical 8-phase dual-ring intersection operation (e.g., IVDS2, IVDS4, IVDS6, IVDS8) when four video camera sensors are installed. If more than four video camera sensors are installed, the “n” denotes the controller phase being detected in the nomenclature of a typical 8-phase dual ring intersection operation. IVDSn is also used as a prefix to identify the individual I-VDS components of the “n” approach as follows: IVDSnVCS: the video camera sensor for approach “n” IVDSnJB: the wiring junction box mounted with the video camera sensor for approach “n” IVDSnCC: the coaxial cable from the wiring junction box to the controller cabinet for approach “n” IVDSnPC: the video camera sensor power cable from the wiring junction box to the controller cabinet for approach “n” IVDSnCSS: the coaxial cable surge suppressor in the controller cabinet for approach “n” IVDSnCJ: the coaxial jumper cable from the coaxial surge suppressor in the controller cabinet to the processor module or detector panel for approach “n” IVDSnPM: the processor module for approach “n”, where a Processor Module, Type A is installed IVDSpn/snPM: the processor module for approach “pn” and “sn”, where “pn” is the primary approach and “sn” is the secondary approach, where a Processor Module, Type B is installed. Occupancy: individual lane occupancy measured in percent of time Ramp Meter Controller Cabinet Input File: A Ramp Meter Controller Cabinet Input File is a chassis within a traffic signal cabinet rack that has slots where a detector card provides detector output to the traffic signal controller through its edge card connectors. The backplane connector pin output of the 58 edge connectors conforms to Georgia traffic signal controller cabinet standards for the cabinet type specified in the plans. IVDSnnn IVDSnnn refers to all of the specific I-VDS components necessary for operation and detection related to ramp metering installations based on direction, type of detection and lane assignments The first “n” denotes the approach direction (north, south, east or west) and the second “n” denotes the type of detection, P=Passage Detection Zones, D=Demand Detection Zones, Q=Queuing Detection Zones, ML=Mainline Detection Zones, the third “n” denotes the lane assignment (lane 1=L01, lane 2=L02,lane =L03, lane= L04), the (e.g., IVDSnPL01, IVDSsDL02, IVDSeQL03, IVDSwMLAL04) The typical ramp metering layout is shown below: Upstream Detection Station MLB MLA MLA MLA MLA D1 D2 D3 MLB MLB LANE 1 LANE 2 LANE 3 MLB LANE 4 P1 P2 P3 Legend: ML = Mainline Detection zone A & B = Detector Trap Stop Bar Q1 Q2 Q3 P=Passage detection zone D=Demand detection zone Q = Queue detection zone Figure 2: Typical Ramp Meter Layout Lane numbering shall began at the median for mainline travel lanes. Lane numbering for ramp meter lanes shall began with the lane adjacent to the mainline travel lanes, IVDS is also used as a prefix to identify the individual I-VDS components as follows: IVDSnnnVCS: the video camera sensor for “nnn” direction, type of detection and lane assignment IVDSnnnJB: the wiring junction box mounted with the video camera sensor for “nnn” direction, type of detection and lane assignment IVDSnnnCC: the coaxial cable from the wiring junction box to the controller cabinet for approach “nnn” direction, type of detection and lane assignment 59 IVDSnnnPC: the video camera sensor power cable from the wiring junction box to the controller cabinet for approach “nnn” direction, type of detection and lane assignment IVDSnnnCSS: the coaxial cable surge suppressor in the controller cabinet for approach “nnn” direction, type of detection and lane assignment IVDSnnnCJ: the coaxial jumper cable from the coaxial surge suppressor in the controller cabinet to the processor module or detector panel for approach “nnn” direction, type of detection and lane assignment IVDSnnnPM: the processor module for approach “nnn” direction , type of detection and lane assignment 938.1.02 Related References A. Georgia Standard Specifications Section 150 – Traffic Control Section 639 – Strain Poles for Overhead Sign and Signal Assemblies Section 647 – Traffic Signal Installation Section 922 – Electrical Wire and Cable Section 925- Traffic Signal Equipment Section 939 – Communications and Electronics Equipment Section 940 – NaviGAtor Advanced Transportation Management System Integration B. Referenced Documents American National Standards Institute (ANSI) American Society of Testing and Materials (ASTM) Electronic Industries Association (EIA) - 170A FCC Part 15, Subpart J, Class A device requirements Manual on Uniform Traffic Control Devices (current edition) National Electric Code (NEC) 210-19a., FPN No. 4 National Electrical Manufacturers Association (NEMA) TS1-1989 (R1994, R2000, R2005), Section 2.1.5.2, Section 2.1.12 NEMA TS-1-1989 (R1994, R2000, R2005) 60 NEMA TS2-2003 Type 2, Type 170 and Type 179 Standards NEMA TS2-2003 NEMA 250 Type 4 enclosure standards Underwriter’s Laboratory Incorporated (UL) 938.1.03 Submittals Provide six copies of complete and thorough submittal data for all components and materials of a detection system within 30 calendar days of the Contract Notice-to-Proceed. Furnish the submittal data to the Engineer. Include in the submittal data complete technical and performance specifications on all hardware, materials, and installation wiring/cabling to be performed at the detection system site. Neatly organize each package of submittal data and separate by hardware item. Include an index of all submittal data documents contained within the package. Name each submittal data document, what detection system component the document is submitted for (including the associated 938.X subsection), and the specific manufacturer model, part and revision number of the subject hardware or software item exactly as that item is proposed to be provided. Any submittal data document or documentary item that is not listed in the index will not be accepted for review. For each package of submittal data, address all of the components and materials necessary for a complete detection system; separate submissions for individual detection system components and materials are not permissible. A. Not Applicable B. Intersection Video Detection System The following table outlines the Submittal Requirements for the equipment and components of an IVDS. The table is a guide and does not relieve the Contractor from submitting additional information for a complete submittal package. X X X X X X X X X X X X X X X X X X X X X X X X 61 Material X Training Schedule Training X Test Reports X Test Plan X Report Installation Proced. Mainten. X Drawings Structural Calc. Lab Test Mfg. Specification Shop. Video Camera Enclosure Variable Focus Lens Programming Monitor Programming Device Processor Module 938.2.B.1 938.2.B.10 938.2.B.1 938.2.B.1 938.2.B.2 938.2.B.3 938.2.B.4 938.2.B.10 Catalog Cuts Video Camera Proced. Test Schedule Section 938.1.03.B Intersection Video Detection Submittal Requirements Material Specification Submittal Reference Due Date (Calendar Days after NTP) 30 Days 30 Days 30 Days 30 Days 30 Days 30 Days Output Expansion Module Processor Software Configuration Software Terminal Blocks Surge Suppression Wiring Cabling & Harnesses Training Plan 938.2.B.5 938.2.B.10 938.2.B.7 938.2.B.8 938.2.B.7 938.2.B.8 938.2.B.10 938.2.B.10 938.2.B.9 938.2.B.10 938.3.08 X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 30 Days 30 Days 30 Days 30 Days 30 Days 30 Days X X 30 Days 1. Training Plan Submit a Training Plan that includes, at a minimum, a detailed description of the contents of the course, an outline of the training course, resumes and references of the instructor(s), and the training notebook that the students will use during training. Submit a Training Plan within 30 calendar days of Contract Notice-to-Proceed. Obtain approval of the Plan from the Engineer. Request in writing the training date(s) a minimum of thirty (30) calendar days in advance of the desired training date(s). Do not submit the request to schedule the training prior to receiving approval from the Engineer of the Training Plan. Allow the Engineer to adjust the proposed schedule of the training by up to seven (7) calendar days, at no cost to the Department, to allow for availability of Department personnel. 2. As-Built Documentation Provide as-built documentation of the I-VDS installations within thirty (30) calendar days of the completion of the Field Tests (see Subsection 938.3.06.B.1). C. Microwave Radar Detection The following table outlines the Submittal Requirements for the equipment and components of a microwave radar detection system. The table is a guide and does not relieve the Contractor from 938.2.C.1 938.2.C.1 938.2.C.1 938.3.08 submitting additional information for a complete submittal package. 1. Submittal Review Demonstration Test Set 62 X X X X X X Maint. Proced. X X X Test Plan X X X Install. Proced. X X X Lab Test Materials Cert. Detector Housing Mounting Assembly Training Plan Specification Reference Mfg. Spec. Material Catalog Cuts Section 938.1.03.C Microwave Radar Detection Submittal Requirements X X Submittal Due Date (Cal. Days after NTP) 60 Days 60 Days 60 Days 60 Days Submit demonstration test set(s) for Department evaluation after the Engineer approves the submittal materials for the equipment and materials listed below. The demonstration test sets shall be connected to and operated through the NaviGAtor system by the Engineer. Deliver the test set to the Department at the location specified by the Engineer. Request a delivery and test time a minimum of 30 days in advance. Provide demonstration test sets of the materials, types and quantities as shown below: Microwave Radar Detection Assembly (quantity 2 of each type) A demonstration test set shall include all materials, components, assemblies, control software and documentation of the Microwave Radar Detection Assembly (radar detector) and shall be complete and fully functional for communications with the NaviGAtor system. Provide a desktop stand for the radar detector and cabinet equipment that securely holds the materials. Include all cables and cabinet equipment, including cabling from the cabinet to the radar detector (minimum 20 foot cable length), cabinet cabling, power supply, and surge suppressors. interface assembly may be mounted to the desktop stand or to a separate panel. Provide a NEMA 5-15 cord that provides power to the cabinet power supply for the radar detector. If the contract shows radar detectors to be installed in conjunction with field switches, provide demonstration test sets in accordance with Section 939 for field switches simultaneously with the radar detector demonstration test sets. Review of the demonstration test set submittal shall be conducted in two parts. The first part of the review shall be performed by the Contractor in the presence of the Engineer and shall include the setup and configuration of the demonstration test set on the NaviGAtor system. The first part of the review shall be conducted during normal Department weekday business hours and shall be conducted for the period of time necessary to the satisfaction of the Engineer. The second part of the review shall be a 60day period during which the Engineer shall operate and evaluate the demonstration test set with the NaviGAtor system. The second part of the review shall commence only upon the Engineer’s approval of the first part of the review. Retrieve the demonstration test set upon completion of the second part of the review as notified by the Engineer. 938.2 Materials A. Not Applicable B. Intersection Video Detection System 1. Video Camera Sensor Send a video signal from the video camera sensor to the processor in RS170 format. Use high resolution, monochrome video camera sensors as the primary video source for real-time vehicle detection. Use optical filters and/or electronic circuitry in the video camera sensor to compensate for blooming at night caused by headlights and minor vibration caused by wind. Include a heater at the front of the enclosure to prevent the formation of ice and condensation in cold weather. Ensure that the heater does not interfere with the operation of the video camera sensor electronics, or cause interference with the video signal. As a minimum, meet the following requirements for each video camera sensor assembly installation: 63 Charge Coupled Device: 1/4" to 1" interline or frame transfer charge coupled device (CCD). Do not use complimentary metal-oxide semiconductor (CMOS) image sensors. Active pixel elements: 768 Horizontal, 494 Vertical minimum Video standard: NTSC Standard, RS-170A Compliant (available as EIA-170A specification) Lens: 8-48 mm variable focal length lens that is adjustable from outside the camera enclosure. Provide an Electric Lens Adjustment Device and associated wiring to adjust the variable focal length lens Resolution: 380 Horizontal TVL, 350 Vertical TVL minimum Automatic gain control (AGC): 20 dB minimum; do not allow AGC to be applied until the automatic iris control has fully opened the aperture Electromagnetic interference: FCC Part 15, Subpart J, Class A device requirements apply for the video camera sensor and associated connected equipment in their installed condition Input power: Power the video camera sensors with 115 VAC+/-10%, 60 Hz nominal +/-3 Hz. Size the power conductors from the power source to the camera input so that no more than a 3% voltage drop is experienced (NEC 210-19 a., FPN No. 4). Include a provision at the rear of the camera enclosure for connection of power and video signal cables. Provide power from the cabinet power source through a surge suppressor and then to the video camera sensor. Video camera sensor enclosure: Install the video camera sensor in a light colored enclosure to limit solar heating. Meet NEMA 250 Type 4 enclosure standards for the enclosure and seal the enclosure to prevent sand, dirt, dust, salt and water from entering. Affix a sun shield visor to the front of the enclosure which is sufficiently adjustable to divert water away from the video camera sensor lens and also prevent direct sunlight from entering the iris when mounted in its installed location. Video camera sensor wiring: Provide outdoor-rated power, coaxial video, and lens adjustment (where applicable) wiring from the sensor enclosure to the sensor junction box in accordance with the manufacturer’s recommendations. Seal the wiring connection at the housing from water or dust entry into the housing. For the standard video camera sensor mounting as shown in the details, provide approximately 4 ft (1 m) long wiring to enter the bottom of the junction box and terminate inside. Provide a male BNC connector with gold-plated body and center pin at the junction box end of the coaxial video cable. When providing a lens adjustment harness, ensure that the connector on the harness properly mates to the lens adjustment control unit. Weight: 10 lbs (4.5 kg) maximum with mount, shield, and camera. Size (HxWxL): 5” x 5” x 18” [130 mm x 130 mm x 460 mm] (maximum, including camera enclosure) Mounting bracket assembly: Mount the video camera sensor on a mounting bracket assembly as shown in the details such that its height and position provide a clear view of the approach or lanes in ramp metering operations. Mount the video camera sensor securely such that it is stable and steady. The mounting bracket assembly includes a video camera sensor mounting bracket, nipple pipe, cable-mount nipple clamp, and all associated hardware and materials. Mount the video camera sensor on a mounting bracket assembly which meets the following requirements unless otherwise specified in the plans: Use stainless steel fastening hardware with lock washers on threaded fasteners Use a video camera sensor enclosure mounting bracket that is non-rusting and is made from die cast aluminum, extruded aluminum, powder-coated galvanized steel or hot dipped galvanized steel. Provide a mounting bracket that permits vertical and horizontal adjustment of the video camera sensor. Provide a mounting bracket that securely fastens to the video camera sensor 64 enclosure and mounts to the nipple pipe by threading onto the pipe or as a slip-fit, using a setscrew fastener in either above method. Use a 1 ½” (38 mm) aluminum nipple pipe that is threaded on both ends. Fasten the nipple pipe to the mast arm using a cable-mount nipple clamp with minimum 2 5/16” (58 mm) U-bolts. Use aircraft-grade galvanized steel cables with stainless steel fastening hardware and that make at least two wraps around the mast arm. Do not use banding straps. Video camera sensor junction box: Provide a wiring junction box with mounting hardware for termination/connection of the sensor housing wiring with the field cabling from the traffic signal/ramp meter controller cabinet as shown in the details. Provide a cast aluminum or 0.125” (3.175 mm) sheet aluminum box with minimum inside dimensions of 8” H x 8” W x 4” D (200 mm H x 200 mm W x 100 mm D). Do not use steel- or plastic-bodied junction boxes. Provide a box that is NEMA 4 rated dust-tight, raintight, and watertight and has a hinged and neoprene-gasketed door with stainless steel hinge pins and threaded fasteners for closing. Provide a 1 ½” (38 mm) slip hole with rubber grommet with poke-through diaphragm for cable entry in the bottom of the box; no other holes in the box body shall be permitted except as required for the mounting U-bolts as shown in the details. Provide a 3-position fully-enclosed compact terminal strip rated for minimum 15 A current and #14 AWG conductors. Internal connectors shall be nickel-plated threaded fasteners for securing the conductors. The terminal strip shall be fully enclosed and covered with no exposed currentcarrying metal surfaces. Label the three positions on the terminal strip as “AC+”, “AC-“, and “GR” with fastener secured or epoxy-cement permanent labels; do not use adhesive or self-stick labels. Provide a female-female BNC coupler with gold-plated body and center pin sockets, electrically isolated from the junction box by fastening to a non-conductive bracket mounted to the junction box side. 2. Programming Monitor, Type A At a minimum, provide a 4-channel, 9” standard color or monochrome video monitor to view video output from the video camera sensors and to program the system through the Configuration Software on the Processor Module in conjunction with a Programming Device. Provide the ability to view one channel on the monitor at a time and to view all four channels on the monitor at the same time. Provide four BNC connectors on the back of the monitor for video input from four Processor Modules. Provide four 6-ft (2 m) factory-manufactured high-flex coaxial video cables with BNC connectors with each programming monitor. 3. Programming Device Configure the I-VDS with a Programming Device that is either a keyboard or stationary track ball pointing device. Connect the Programming Device to the front of the processor module through a DB9 or PS/2 connector. Provide a Programming Device that is PC compatible. 4. Processor Module Provide a processor module, which performs video image processing, that completely fits within the loop detector slots of the traffic signal/ramp meter controller cabinet input file and that provides a standard relay closure detector input to the controller. Provide four detector outputs through the processor module which communicate through the edge card connector. Use a module that is not wider than two standard input file slots. Include detection indicators on the front panel of the processor module 65 for each of the four channels of detection provided through that module to indicate detector output in real time when the system is operational. Include a BNC connector with gold plated center pin on the front panel for video output to the Programming Monitor, and include a DB9 or PS/2 connector on the front panel to connect the Programming Device. Send the video signal over coaxial cable from the video camera sensor to the Processor Module using one of the two following methods: 1. Connect the coaxial cable from the video camera sensor to the surge suppressor and from the surge suppressor connect the coaxial jumper cable with a 90 degree elbow gold-plated BNC connector to BNC connector on the front panel of the Processor Module; or 2. Connect the coaxial cable from the video camera sensor to the surge suppressor and connect the coaxial jumper cable from the surge suppressor to the loop detector panel using a spade lug connection such that the video signal communicates from the loop detector panel to the Processor Module through the cabinet input file. Provide power to the processor modules through the input file. The processor modules are defined as follows: 1. Processor Module, Type A - provide one (1) video camera sensor input 2. Processor Module, Type B – provide two (2) video camera sensor inputs 5. Output Expansion Module, Type A Provide detector outputs, in addition to detector outputs provided through the processor module, through an output expansion module that mounts in the traffic signal/ramp meter controller cabinet input file and that provides a standard relay closure detector input to the controller. Provide 2 or 4 outputs through the edge card connector of each module. Connect the expansion module to the processor module with a cable that has standard modular connectors. Use a module that is not wider than 1 detector card per two additional detector outputs or that is not wider than 2 detector cards per four additional detector outputs. Include detection indicators on the front panel of the output expansion module for each channel of detection provided through that module to indicate detector output in real time when the system is operational. Provide power to the expansion module through the input file. 6. I-VDS Functional Requirements a. Functional Requirements: Provide vehicle detection in lieu of inductive loop detectors for a traffic signal/ramp meter system through the I-VDS. Process the video signal with the I-VDS in real time as vehicles cross a detection zone. b. Accuracy Requirements: Provide I-VDS functional detection outputs that meet overall accuracy requirements specified herein under the following conditions. Provide vehicle detection continuously twenty-four (24) hours daily, 365 days a year, and under all weather conditions. 66 Meet the accuracy specifications presented below for the fundamental functional detection parameters. The following specified accuracies are stated as the minimum acceptable values. Provide accuracies of these values or better. Volume: Provide average vehicle counts with 95% overall accuracy. Accomplish these accuracies with a minimum traffic volume of 250 vehicles per hour per lane (VPHPL). For instances in which a vehicle has been significantly occluded (with respect to the video camera sensor’s FOV) by another vehicle, do not use that vehicle's count in the calculation of the overall accuracy. "Significant occlusion" defines a target vehicle's image that has been occluded by more than 50%. Presence: Detect the presence of vehicles within a video camera sensor's FOV for each defined detector with an accuracy of 90%. The I-VDS processor shall be capable of computing and storing traffic data in user selectable intervals between 30 seconds and 60 seconds. The I-VDS processor shall compute traffic data and store them in non-volatile memory for later retrieval. The minimum non-volatile storage size shall provide the following: a) Five-minute data collection intervals; b) four lanes; c) duration of seven days; and d) storage of volume. 7. I-VDS Technical Requirements This specification sets forth the minimum requirements for system equipment and software that monitor vehicles at an intersection/ ramp meter via processing of video images and provide detector outputs to a traffic signal/ramp meter controller. a. System Hardware: Provide an I-VDS that does not require any equipment external to the traffic signal/ramp meter controller cabinet input file (excluding the video camera sensor, video camera sensor power connection, circuit breakers and surge suppression for video or data). Mount the processor and expansion modules in the traffic signal/ramp meter controller cabinet input files, using the edge card connector to obtain power and provide contact closure outputs. Rewiring of the backplane or any other cabinet panel for the system is not permitted except for power and grounding for the interface panel, wiring from the video camera sensor to the loop detector panel for the video signal and wiring to obtain power for the video camera sensor. Provide a system capable of providing a minimum of eight detector outputs per video camera sensor. Provide all detector outputs through edge card connectors of the processor module and output expansion module(s). Rewiring external to the edge connectors is not permitted for obtaining a minimum of eight outputs for one video camera sensor. b. System Software 938.2.01.B.7.b.1 System Processing Software: On the processor module that mounts in the traffic signal/ramp meter controller cabinet input file, include the software that processes the video camera sensor signals and converts the signals into detector outputs. Detect either approaching or receding vehicles in multiple lanes within the field of view (FOV) of each video camera sensor. Provide the capability of detecting vehicles in a minimum of 24 detection zones per video camera sensor with the I-VDS. Allow the detection zones to be combined to form an output using the AND, OR and NOT logical functions. 67 938.2.01.B.7.b.2 Detection Compensation: Provide the capability for the processor to compensate for camera movement attributable to temperature effects, wind shifting, pole sway, pole expansion, or vibration of the mounting. 938.2.01.B.7.b.3 System Configuration Software: On the processor module, include the configuration software to program the I-VDS, including the detection zones. Perform programming by accessing the software through a Programming Monitor and a Programming Device. Do not require the use of a separate computer for programming. 8. Programming Requirements Employ menus for the Configuration Software. Provide the capability through the Configuration Software for the user to define detection zones through interactive graphics by placing lines and/or boxes in an image on a Programming Monitor. Provide the capability for the user to redefine previously defined detection zones. a. Detection Zone Placement and Manipulation: Allow a minimum of 24 detector zones to be defined through the software for each video camera sensor. Provide the capability to place vehicle detection zones anywhere within the field of view of the video camera sensors through the Configuration Software. Use detection zones that are lines or boxes drawn in each visible lane or area of desired detection. Provide the capability to use one detection zone to replace multiple inductive loop detectors. Detection zones may overlap if necessary. Provide the ability for the user to assign logical functions such as AND, OR and NOT to one detector or a group of detectors. On the Programming Monitor, display the detection zones superimposed on the video camera sensor’s images. Provide the capability to create detection zones of varying size and shape to allow best coverage of the viewable roadway lanes and ramps. Provide the capability to save the detection zone format on the processor module card once drawn for a particular video camera sensor image. Provide the capability for the user to view the currently active detector zone format of the processor module via a Programming Monitor. b. Detection Zone Editing: Provide the capability to edit existing detector configurations using a Programming Monitor with the Programming Device used to perform the programming functions. c. Confirmation: When viewing vehicle actuations in real time on the Programming Monitor, indicate the passage or presence of each vehicle detected by each detection zone by changing the color or intensity of that particular zone. d. Detection During Reconfiguration: Provide the capability for the I-VDS to continue detecting vehicles on all existing zones during reconfiguration, except on the zone that is being reconfigured. 9. Field Cabling a. General: Field cabling consists of the video coaxial cable and the camera sensor power cable from the camera sensor junction box to the I-VDS power and coax termination panels in the controller cabinet. Install field cabling in continuous lengths and terminate only on terminal strips or with cable connectors; do not splice any field cabling. b. Use a video coaxial field cable (labeled as “IVDSnCC”) that is double-shielded with tinned copper braid, #20 AWG solid copper center conductor, and polyethylene outer jacket approved for outdoor 68 use (Belden 8281 or approved equivalent.) Terminate both ends of the coaxial cable with BNC connectors with gold-plated body and center pin and as recommended by the cable manufacturer. c. Use a camera sensor power field cable (labeled as “IVDSnPC”) that is a 3-conductor cable with #16 AWG stranded copper conductors. Use a cable that is ozone and UV resistant, suitable for wet use, with a 600 V and 105 degree rating, is UL listed for indoor and outdoor use, and with 120 VAC standard black/white/green solid colored conductor insulation. 10. Cabinet Equipment a. General: Provide an I-VDS power termination panel assembly, an I-VDS coax termination panel assembly, and all associated materials in the controller cabinet for the installation of camera sensor power distribution, for the termination of field cabling from the video camera sensors, and for connection of the video jumper cable to the processor modules or loop detector panel as applicable. Fabricate and assemble the panel assembly with the specified equipment as shown in the details. b. Coax termination panel: Fabricate a coax termination panel with the dimensions, shape, mounting, and silk screened labeling as shown in the details. Produce the panel from 0.125” (3.175 mm) 5052 sheet aluminum and use only threaded fastener holes for component mounting. Include on the coax termination panel a full-length hinge with stainless steel pin to permit opening of the panel a minimum of 90 degrees for interior cabinet access. c. Power termination panel: Fabricate a power termination panel with the dimensions, shape, mounting, and silk screened labeling as shown in the details. Produce the panel from 0.125” (3.175 mm) 5052 sheet aluminum and use only threaded fastener holes for component mounting. Provide a six-position fully-enclosed compact terminal strip rated for minimum 15 A current and #14 AWG conductors. Use internal connectors that are nickel-plated threaded fasteners for securing the conductors, and are capable of securing a minimum of two stranded conductors. Provide a terminal strip that is fully enclosed and covered with no exposed current-carrying metal surfaces. Alternately provide a fully-enclosed compact power distribution block with nickel-plated threaded fasteners for securing the conductors, and capable of terminating three sets of 5-position distribution (one supply and four load positions) with all positions suitable for terminating #14-16 AWG stranded conductors. Label the three conductor positions on the terminal strip or distribution block as “AC+”, “AC-“, and “GR” with fastener secured or epoxy-cement permanent labels or silk-screened labels directly on the panel; do not use adhesive or self-stick labels. Provide a surface-mount mini or compact magnetic 2-pole 5 A 120 VAC overcurrent circuit breaker. Do not use a circuit breaker with a thermal trip mechanism. Provide a circuit breaker that permits manual circuit disconnection and is suitable for terminating #14-16 AWG stranded conductors. Alternately use a flush-mount circuit breaker in a surface-mount bracket housing. Mount the circuit breaker on the power termination panel to eliminate conflict with the cabinet shell. Enclose all exposed current-carrying metal surfaces from contact. Provide cabinet power to the power termination panel with #14 AWG stranded copper conductors as shown in the details and in accordance with the requirements for traffic signal controller cabinet assemblies in Section 925 Traffic Signal Equipment. Neatly route and mechanically secure cabinet power wiring to avoid sharp edges and to avoid conflicts with other equipment or cabling. Do not use adhesive fasteners for securing the power wiring. Label cabinet power wiring within three inches 69 of cabinet terminations using clear overwrapping self-laminating cable labels and the legend “IVDS”. d. Coaxial cable surge suppressors: Use either common-ground or balanced-differential video signal surge suppressors in accordance with the I-VDS manufacturer’s recommendations. Use surge suppressors that have solid-state, hybrid clamping technology, and have equipment-side and fieldside BNC connectors on the top of the suppressor enclosure as shown in the details (EDCO RMCXI05, RM CXI-06, or approved equivalent). Use surge suppressors that have maximum dimensions of 4.5” H x 1.75” W x 1.5” D (120 mm H x 45 mm W x 39 mm D), or alternately 3.0” H x 2.5” W x 1.5” D (77 mm H x 64 mm W x 39 mm D). The grounding lug shall be on any surface except the bottom surface that fastens to the surge suppressor mounting plate. Use surge suppressors that individually fasten to mounting plates which individually fasten to the I-VDS coax termination panel as shown in the details. Secure surge suppressors flush to the mounting plate with reusable fasteners such that suppressors can be replaced in the field by removing the mounting plate from the coax termination panel and then replacing the suppressor on the mounting plate. For grounding, use a minimum #16 AWG copper wire with green insulation for each surge suppression device and connect the ground wire directly between the suppressor ground lug and the equipment ground bussbar. Do not ground the surge suppressor solely through a bracket fastened to the mounting plate. Use a larger ground wire size if recommended by the surge suppressor manufacturer. Do not “daisy chain” with the grounding wires of other devices including other surge suppressors. Do not splice any grounding wire. Dress and route grounding wires separately from all other cabinet wiring including the I-VDS coaxial cables and in a manner that allows the I-VDS coax termination panel to hinge open. Install grounding wires with the absolute minimum length possible between the suppressor and the ground bussbar. Connect coaxial cabling, either the coaxial video field cables or the coaxial cable jumper cables, to the video signal surge suppressors only with female-female 90 degree elbow BNC couplers with gold-plated body and center pin sockets. e. Coaxial Jumper Cable: Use a video coaxial jumper cable (labeled as “IVDSnJC”) to connect the equipment (protected) terminal of the video signal surge suppressor directly to either the processor module or the loop detector panel as applicable. Use a video coaxial jumper cable that is a high-flex cable with double-shield tinned copper braid, #20-22 AWG stranded copper center conductor and polyethylene outer jacket (Belden 8281F or approved equivalent.) As applicable, terminate both ends or one end of the coaxial cable with BNC connectors with gold-plated body and center pin and as recommended by the cable manufacturer. Use coaxial jumper cables of the length necessary to route as shown in the details with no mechanical strain on the end connectors and no excess cable loops to be stored. Label coaxial jumper cables within three inches of end connectors using clear overwrapping selflaminating cable labels and the appropriate cable label identification (“IVDSnJC”) for the video camera sensor and processor module as shown in the Plans. 11. Environmental a. Video Camera Sensor 70 938.2.01.B.11.a.1 Provide video camera sensors that operate reliably in a roadside environment. Provide video camera sensors that meet the environmental requirements of NEMA TS1-1989 (R1994, R2000, R2005), Section 2.1.5.2. Provide video camera sensors that operate from -31 F to 120 F (-35 C to +50 C) from 5% to 95% relative humidity. 938.2.01.B.11.a.2 Vibration: Ensure that vibration does not impair performance when the camera is mounted on 50’ (15 m) or shorter pole. b. Processor and Expansion Modules: Provide processor and expansion modules that operate reliably in a typical roadside traffic cabinet environment. Provide equipment that meets the environmental requirements of NEMA TS1-1989 (R1994, R2000, R2005) and NEMA TS2-2003 standards and the environmental requirements for Type 170 controllers. Provide equipment that operates from -29 F to 140 F (–34 C to +60 C) from 0% to 95% relative humidity, non-condensing. 12. Documentation Provide the following documentation in the documentation pouch of each traffic signal/ramp meter cabinet: One operation manual with programming instructions One maintenance manual with schematics Three legible wiring prints showing all IVDS components and connections with the cabinet C. Microwave Radar Detection 1. Detector Provide a microwave radar detector that meet the following minimum requirements: Provides presence, vehicle count, lane occupancy and time mean speed data on a minimum of six detection zones in a user-definable reporting period from 20 to 600 seconds. Transmits on a frequency band of 10.525 GHz or approved spectral band Transmitter power does not exceed 10 milli-watts Complies with the limits for a Class A digital device pursuant to Part 15 of the FCC rules Emits a noise level less than 55 dBA when measured one meter away from the device Operates on 12-24 VDC power provided by an included power supply Uses one interface connector that provides power to the unit, contact closure wire pairs for each detection zone, and Ethernet communication lines for operations, programming, testing, or modem interface Coverage range between 10 and 200 feet Includes diagnostic self-test of all detector functions Data communications via Ethernet communications supporting TCP/IP Protocol Provide a microwave radar detector that operates under the following environmental conditions: Ambient temperature range of –29°F to 165°F (-37°C to 74°C) Relative humidity from 5 to 95 percent, non-condensing Power surge of ± 1kV surge (rise time = 1.2 µsec, hold = 50 µsec) applied in differential mode to all lines, power and output, as defined by IEC/EN 61000-4-5 standards Resistant to vibration in accordance with NEMA TS-1 (Section 2.1.12) or approved equivalent 71 Resistant to shock in accordance with NEMA TS-1 (Section 2.1.13) or approved equivalent 2. Housing Provide a microwave radar detector housing that meets the following requirements: Meets the requirements of a NEMA type 3R enclosure Outside dimensions, including fittings, do not exceed 10 inches x 10 inches x 10 inches Total weight (including detector) does not exceed 8 pounds. 3. Mounting Assembly Provide a microwave radar detector mounting assembly that meets the following requirements: All painted steel, stainless steel, or aluminum construction Support a load of 20 pounds 4. Power Supply Provide a power supply recommended by the microwave radar detector manufacturer that meets the following minimum requirements: Provide nominal output of 24VDC regulated with the ability to operate a minimum of 2 radar detectors simultaneously over an ambient temperature range of –29°F to 165°F (-34°C to 74°C) Nominal input voltage of 120 VAC provided by the equipment cabinet power source Mounted to cabinet side panel 5. Communications Provide a microwave radar detector that communicates with the Department’s NaviGAtor advanced transportation management system using a protocol and application programming interface (API) provided with the detector system. Provide a microwave radar detector that includes the following functions: Is individually IP addressable via an Ethernet communications network Responds to polled requests from NaviGAtor’s remote communication process for detector status data Can be configured to disable automatic data transmission, if automatic data transmission is possible Acknowledges receipt and validity of all messages transmitted to the detector Remote set-up of detector stations Remote upload and download of detector configuration data 938.2.02 Delivery, Storage and Handling Not applicable 72 938.3 Construction Requirements 938.3.01 Personnel Not applicable 938.3.02 Equipment Not applicable 938.3.03 Preparation Not applicable 938.3.04 Fabrication Not applicable 938.3.05 Construction A. Not Applicable B. Intersection Video Detection System 1. General Installation Requirements Install all video camera sensors, processor modules, output expansion modules, and associated equipment at the locations specified in the Plans. Mount the processor and output expansion modules within the traffic signal/ramp meter controller cabinet input files. No physical changes are permitted to the traffic signal/ramp meter controller cabinet input files. Make all necessary adjustments and modifications to the total I-VDS system prior to obtaining TMC recommendation for system acceptance. Provide all programming equipment, documentation and incidentals needed for the installation, configuration and calibration of all I-VDS materials. This requirement includes but is not limited to equipment documentation, programming monitors, programming devices, and lens adjustment devices. Provide programming equipment during all installation and testing work. Unless otherwise shown in the Plans and/or the Special Provisions, all programming equipment remains the property of the Contractor. Perform all programming and configuration to all I-VDS and traffic signal controller and cabinet equipment for the full and complete operation of the detection system with the intersection. 2. Video Camera Sensor Install a video camera sensor with mounting bracket assembly and junction box as shown in the Plans and in accordance with the manufacturer’s recommendations. Install the video camera sensor in the vertical and horizontal positions as specified to provide the field of view and detection zones shown in the Plans. Make field adjustments to the positions specified in the Plans only with the Engineer's approval. Mount the junction box in a position that does not contact the video camera sensor housing. 73 Mount the junction box directly over the mast arm or under the camera on the pole as specified in the plans. . Coil all spare cable inside the junction box, and dress and secure all cabling to provide strain relief, drip loops, and to minimize wind-blown movement and contact with the mast arm. Where a lens adjuster cable connector is provided in the junction box, loosely fasten it to the coaxial cables and away from the camera power terminal strip. 3. Programming Monitor After all I-VDS programming is completed and accepted, deliver the programming monitor, associated materials such as the user manual and the packing container, and the video cables, to the Engineer at the project location or the Engineer’s offices. Do not leave the monitor in the traffic signal/ramp meter cabinet. 4. Programming Device After all I-VDS programming is completed and accepted, place the programming device with connector cord in a zipper- or snap-type resealable plastic bag in the cabinet documentation pouch. 5. Processor Module Install the processor module in the cabinet input file and fully program and configure the module as shown in the Plans and in accordance with the manufacturer’s recommendations. Ensure proper operation, including accurate detection, as programmed. Provide all equipment and materials necessary for programming and configuration, including a video display monitor. 6. Expansion Module Install the expansion module in the cabinet input file and fully program and configure the module as shown in the Plans and in accordance with the manufacturer’s recommendations. Ensure proper operation, including accurate detection, as programmed. 7. Field Cabling Install the field cabling for each video camera sensor as shown in the Plans, in accordance with the manufacturer’s recommendations, and in accordance with the requirements for signal cable in Section 647 Traffic Signal Installation. Ensure that cable installation is complete from the video camera sensor junction box to the coax and power termination panels in the controller cabinet. Label all field cabling within three inches of termination using clear overwrapping self-laminating cable labels and the appropriate cable label identification as defined in Section 938.1.01 and shown in the details. Label field cabling in the camera sensor junction box, in the controller cabinet, and in all pullboxes and pole bases. After terminating and dressing the video camera sensor coaxial and power cables in the controller cabinet, neatly coil and store a minimum of 2 ft (0.5 m) of cable slack in the bottom of the cabinet. Provide a label for each cable for each 2 ft (0.5 m) of cable slack. 8. Cabinet Equipment 74 Install cabinet equipment as shown in the details and as required to provide the controller operation as shown the Plans. Cabinet equipment shall include as a minimum an I-VDS power termination panel, an I-VDS coax termination panel, one or more coaxial cable surge suppressors, one or more coaxial jumper cables, and all associated wiring and incidental materials. Exercise extreme caution when installing I-VDS equipment and materials at traffic signal/ramp meter installations. Repair any damage to existing traffic/ramp meter control equipment and materials which occurred during I-VDS installation to the Engineer’s satisfaction at the Contractor’s sole expense. In 336S cabinets, locate the I-VDS power termination panel on the equipment rail in the lower left portion of the rear of the cabinet as shown in the details. Adjust the panel as far toward the cabinet sidewall as possible while still providing access to the circuit breaker. Notify the Engineer immediately if there is any conflict with existing cabinet equipment in this position. Ensure that there is no conflict with door-mounted components when the door is closed. In 332, 334 and 336S cabinets, locate the I-VDS coax termination panel in the lower open section of the front of the cabinet equipment rack as shown in the details. Notify the Engineer immediately if there is any conflict with existing cabinet equipment in this position. Ensure that there is no conflict with doormounted components when the door is closed. Dress and secure all coaxial cabling to and from the coax termination panel such that the panel can be hinged open a minimum of 90 degrees without binding or stressing any coaxial cable. 9. As-Built Drawings Furnish as-built drawings, including but not limited to video camera sensor locations, video camera sensor mounting heights, details on the field cabling route through the intersection, and component lists with brand, model and serial numbers. Place one copy of the as-built drawings in the cabinet documentation pouch and submit another copy to the Engineer. C. Microwave Radar Detection 1. Detector Install the microwave radar detector on poles as shown in the plans using supplied materials and brackets. Install the microwave radar detector to achieve the field of coverage shown in the Plans. Make field adjustments to the locations shown in the Plans only with the Engineer’s approval. Set up the detection zones using a laptop computer and software provided by and the property of the Contractor. 2. Cabinet Equipment a. Wiring, Conductors, and Terminal Blocks: Use stranded copper for all conductors, including those in jacketed cables, except for earth ground conductors, which may be solid copper. Neatly arrange all wiring, firmly lace or bundle it, and mechanically secure the wiring without the use of adhesive fasteners. Route and secure all wiring and cabling to avoid sharp edges and to avoid conflicts with other equipment or cabling. Route microwave radar detector control wiring and 120VAC power wiring separately. Terminate all wiring on a terminal block, strip, bussbar, or device clamp or lug; do 75 not splice any wiring. Use a minimum #12 AWG for all conductors of 120VAC circuits. Install all wiring as shown in the Detail Drawings. Number all terminal blocks, terminal strips, circuit breakers and bussbar breakers and have each item and each terminal position numbered and named according to function as shown in the “quoted labels” in the Detail Drawings. Label terminal blocks, terminal strips, circuit breakers and bussbars with silkscreened lettering on the mounting panel. b. Surge Suppression: Protect all copper wiring and cabling entering the cabinet housing, except for the earth ground conductor, by surge suppression devices as specified. Terminate all wiring between cabinet devices and the transient surge suppressors and between the microwave radar detection unit and the surge protectors on terminal strips. Use a minimum #16 AWG grounding for each surge suppression device, or larger if recommended by the surge suppression device manufacturer. Use insulated green wire and connect the ground wire directly to the ground bussbar. Do not “daisy chain” with the grounding wires of other devices including other surge suppressors. Dress and route grounding wires separately from all other cabinet wiring. Install grounding wires with the absolute minimum length possible between the suppressor and the ground bussbar. Label all surge suppressors with silk-screened lettering on the mounting panel. Use minimum #18 AWG insulated black wiring between the surge suppression device sockets and the terminal blocks for the protected circuits. Furnish two (2) transient surge suppressors for the microwave radar detection units (SS24 and SS25). c. Component Installation: Fasten all components of the cabinet assembly to be mounted on cabinet side panels with hex-head or phillips-head machine screws. Install the screws into tapped and threaded holes in the panels. The components include but are not limited to terminal blocks, bussbars, panel and socket mounted surge suppressors, Ethernet switches, circuit breakers, and accessory and equipment outlets. Fasten all other cabinet components with hex-head or phillips-head machine screws installed with nuts (with locking washer or insert) or into tapped and threaded holes. Fasten stud-mounted components to a mounting bracket providing complete access to the studs and mounting nuts. All fastener heads and nuts (when used) shall be fully accessible within a complete cabinet assembly, and any component shall be removable without requiring removal of other components, panels, or mounting rails. Do not use self-tapping of or self-threading fasteners. d. As-Built Drawings: Furnish an as-built cabinet wiring diagram, identified by location, for each cabinet. Include all wiring, cabling, and connections. Place all documentation in a weatherproof holder in the cabinet. 3. Cables, Conduit and Power Service Furnish and install electrical cables used for control, communications signaling and power supply as required below and as shown in the Detail Drawings. Do not splice any cable, shield or conductor used for control, communications signaling, or power supply. Identify all conductors of all cables by color and number. Identify the conductor function in as-built documentation included in the cabinet documentation. After termination and dressing the cables in the cabinet, neatly coil and store a minimum of 2 ft (.61m) of cable slack in the bottom of the cabinet. Cut unused conductors to a length that can reach any appropriate terminal. Bend back unused conductors over their outer jackets and individually tape them. 76 Install cabling inside new hollow metal or concrete support poles unless otherwise specified. Where devices are installed on existing wood poles, install cabling on the wood poles in rigid metal conduit risers of minimum 2 in (5.08 cm) diameter. Use weather heads on all nipple and conduit openings. Neatly install and route cabling to minimize movement in the wind and chafing against the pole, device or bracket. Form a drip loop at the weather head and route cabling to minimize water entry into the cable connector. 4. As-Built Drawings Furnish as-built drawings, including but not limited to microwave radar detection locations, microwave radar detection mounting heights, and component lists with brand, model and serial numbers. Place one copy of the as-built drawings in the cabinet documentation pouch and submit another copy to the Engineer. 938.3.06 Quality Acceptance A. Not Applicable B. Intersection Video Detection System For I-VDS components installed as part of a contract for the installation of a new traffic signal/ramp meter installation, perform the Field Tests specified in 938.3.06.B.1, and perform the Testing, Burn-In and Acceptance Testing requirements set forth for the traffic signal/ramp meter installation as specified in Section 647. For I-VDS components that are not installed as part of a contract for the installation of a new traffic signal/ramp meter installation, perform the Field Tests, Burn-In, and Acceptance Tests specified in Subsections 938.3.06.B.1, 938.3.06.B.2, and 938.3.06.B.3. Do not conduct tests without prior approval from the Engineer. The Engineer reserves the right to witness all tests. 1. Field Tests Conduct field tests prior to the “burn-in” test to demonstrate that the equipment is in full compliance with the contract documents. Begin no testing on any Georgia State or Federal holiday. Perform the field tests after installation of all I-VDS components, wiring, and cabinet equipment and following completion of system software configuration required for the I-VDS to be functional at each location. Perform a visual inspection of all installed equipment. Demonstrate to the Engineer that the detection zones are set up on each processor module using a programming monitor, for traffic signal installation, each I-VDS field site provides calls to the traffic signal through the traffic signal controller, for ramp meter installation, each I-VDS field site provides designated outputs to the ramp meter controller, each I-VDS field site provides the correct data on the correct data channels, and 77 all components of the I-VDS function as specified. 2. Burn-in Period General Requirements: Perform a 30-day burn-in for all equipment furnished and installed as part of an I-VDS. The burn-in consists of the field operation of the I-VDS providing all required data to the traffic signa l/ramp meter controller in accordance with the accuracy requirements stipulated in Subsection 938.2.B.6. Perform the burn-in for at least thirty (30) calendar days, commencing on a date to be specified by the Department. If any of the I-VDS equipment malfunctions, stop the burn-in for the length of time that the equipment is defective. After repairing the equipment, repeat the test until obtaining thirty (30) days of continuous, satisfactory operation. The Department will grant Final Acceptance on the 30th day of continuous, satisfactory operation. If a piece of equipment malfunctions more than two times during the 30 day burn-in period, replace that equipment with a new unit. 3. Final Acceptance The Department will make final acceptance of the I-VDS installation after satisfactory completion of the required burn-in period and approval of a comprehensive final field inspection of the I-VDS installation. Perform the final inspection of the I-VDS installation in the company of a Department representative and a responsible contractor representative. Request in writing the final inspection a minimum of fifteen (15) calendar days in advance of the desired inspection date. Allow the Engineer to adjust the proposed schedule of the inspection by up to seven (7) calendar days, at no cost to the Department, to allow for availability of Department representatives. The Department will notify the contractor in writing upon final acceptance. C. Microwave Radar Detection 1. General Provide a microwave radar detector with a mean time between failures of a minimum of 10 years. Provide a microwave radar detection system that identifies vehicle presence in each detection zone with a minimum of 95 percent accuracy and that identifies vehicle speed with a minimum of 90 percent accuracy. 2. Field Tests Conduct field tests prior to the “burn-in” test to demonstrate that the equipment is in full compliance with the contract documents. Begin no testing on any Georgia State or Federal holiday. Perform the field tests after installation of all microwave radar detection components, wiring, and cabinet equipment and following completion of system software configuration required for the microwave radar detection to be functional at each location. Perform a visual inspection of all installed equipment. 78 Demonstrate to the engineer that the detection zones are set up each detection zone reports data within the accuracy requirements defined in Subsection 938.3.06.C.1 3. Burn-in Period Perform a 30-day burn-in for all equipment furnished and installed as part of a microwave radar detection system. The burn-in consists of the field operation of the detection system providing all required data to the NaviGAtor system in accordance with the accuracy requirements stipulated in Subsection 938.3.06.C.1. Perform the burn-in for at least thirty (30) calendar days, commencing on a date to be specified by the Department. If any of the microwave radar detection equipment malfunctions, stop the burn-in for the length of time that the equipment is defective. After repairing the equipment, repeat the test until obtaining thirty (30) days of continuous, satisfactory operation. The Department will grant Final Acceptance on the 30th day of continuous, satisfactory operation. If a piece of equipment malfunctions more than two times during the 30 day burn-in period, replace that equipment with a new unit. 4. Acceptance The Department will accept the microwave radar detection installation after satisfactory completion of the required burn-in period and approval of a comprehensive final field inspection of the microwave radar detection installation. Perform the final inspection of the microwave radar detection installation in the company of a Department representative and a responsible contractor representative. Request in writing the final inspection a minimum of fifteen (15) calendar days in advance of the desired inspection date. Allow the Engineer to adjust the proposed schedule of the inspection by up to seven (7) calendar days, at no cost to the Department, to allow for availability of Department representatives. The Department will notify the contractor in writing upon final acceptance. 938.3.07 Contractor Warranty and Maintenance A. Warranty Provide a manufacturer's support (usual and customary warranties) period for all equipment and materials furnished and installed as part of the pay item for detection system equipment and materials or I-VDS assembly. Transfer Manufacturer’s and Contractor’s warranties or guarantees to the agency or user responsible for the detection system maintenance. Make these warranties/guarantees continuous throughout their duration, and state in them that they are subject to such transfer. Provide warranties or guarantees which state that they are subject to transfer and that are continuous throughout their duration. Transfer the warranties or guarantees upon Contract Final Acceptance. 79 B. Support During the warranty period, provide phone consultation as needed at no cost for operating and maintenance questions or problems that arise. 938.3.08 Training Provide installation, operations, and maintenance training to Department personnel. Provide a location for holding the courses near the project area. If requesting that the training be conducted away from the project area, pay all costs associated with travel and accommodation of all the students. Provide a member of the Contractor staff with intimate experience with this Contract at the courses to answer any inquiries. Furnish a training notebook in a labeled 3-ring binder to each trainee. Provide a training instructor qualified in his/her respective field as determined by the Engineer. The instructor shall be trained by the equipment manufacturer and authorized by the manufacturer to perform training. Obtain approval of the instructor(s) from the Engineer. As a minimum, include the following with detection system training: Provide installation, operations and maintenance training for up to twelve (12) people. Include both classroom training and hands-on training. Limit in-shop and in-field training to group sizes of four (4) people at a time. Conduct all training in half-day sessions. Two half-day sessions may be held on the same day. Perform a total of at least eight (8) clock hours of training for each participant. Include as a minimum the following in the course content: installation of all detection system equipment, operations of all detection equipment, troubleshooting, and maintenance of all detection system components, discussion of all warrantee clauses, hands-on use of detection system equipment in signal shop environment for each trainee, and in-field maintenance training. 938.4 Measurement A. Not Applicable B. Intersection Video Detection System 1. Intersection Video Detection System Assembly Intersection Video Detection System Assemblies paid for are the number actually installed, complete, functional, and accepted. Unless otherwise specified in the Plans, furnish and install the following minimum items for an Intersection Video Detection System Assembly: a. Intersection Video Detection Assembly, Type A Video Camera Sensor: Camera, environmental enclosure, variable focal length lens, mounting bracket assembly, and junction box with all associated hardware and incidental materials Electric Lens Adjustment Device; if more than one video camera sensor is installed at an intersection, provide one Electric Lens Adjustment Device for that intersection Field cabling and cabinet equipment, including but not limited to power and video cabling from 80 the video camera sensor to the controller cabinet, processor module, power and coax termination panels, surge suppressor, cabinet wiring, and all associated hardware and incidental materials. If more than one Intersection Video Detection Assembly and/or video camera sensor is installed at an intersection or ramp meter installation, provide one power termination panel and one coax termination panel for that intersection or ramp meter installation. All weather heads, vertical conduit risers, and conduit hardware on the I-VDS support pole for power and video signal as shown in the Plans Processor Module: Provide one Processor Module, Type A Configuration and processor software on the processor module Programming Device; if more than one Processor Module is installed in a cabinet at an intersection, provide one Programming Device for that cabinet b. Intersection Video Detection Assembly, Type B Video Camera Sensor: Provide two (2) cameras, environmental enclosures, variable focal length lenses, mounting bracket assemblies, and junction boxes with all associated hardware and incidental materials Electric Lens Adjustment Device; if more than one video camera sensor is installed at an intersection, provide one Electric Lens Adjustment Device for that intersection Field cabling and cabinet equipment, including but not limited to power and video cabling from the video camera sensors to the controller cabinet, processor modules, power and coax termination panels, surge suppressors, cabinet wiring, and all associated hardware and incidental materials. If more than one Intersection Video Detection Assembly and/or video camera sensor is installed at an intersection or ramp meter installation, provide one power termination panel and one coax termination panel for that intersection or ramp meter installation. All weather heads, vertical conduit risers, and conduit hardware on the I-VDS support pole for power and video signal as shown in the Plans Processor Module: Provide one Processor Module, Type B Configuration and processor software on the processor module Programming Device; if more than one Processor Module is installed in a cabinet at an intersection, provide one Programming Device for that cabinet 2. Output Expansion Module Output expansion modules paid for are the number actually installed, complete, functional, and accepted. Unless otherwise specified in the Plans, furnish and install an Output Expansion Module to include, at a minimum, the following: Output expansion module Any cabling required to connect to the processor module or additional expansion modules 3. Programming Monitor A Programming Monitor is measured for payment by the number actually furnished and accepted. Unless otherwise specified in the Plans, furnish a Programming Monitor to include, at a minimum, the following: 81 Programming Monitor Any cabling required to connect the processing modules to the programming monitor C. Microwave Radar Detection Microwave radar detection assemblies paid for are the number actually installed, complete, functional, and accepted. Unless otherwise specified in the Plans, furnish and install the following minimum items for a microwave video detection assembly: Microwave radar detector Housing Field cabling and cabinet equipment Power supply Mounting bracket(s) All weatherheads, vertical conduit risers, and conduit hardware on the support pole for power and detector signal as shown in the plans Configuration D. Testing Testing is measured as a lump sum for full delivery of testing and acceptance requirements. E. Training Training is measured as a lump sum for all supplies, equipment, materials, handouts, travel, and subsistence necessary to conduct the training. 938.4.01 Limits Not applicable 938.5 Payment A. Not Applicable B. Intersection Video Detection System 1. Intersection Video Detection System Assembly, Type _ Intersection Video Detection System Assemblies, complete in place and accepted by the Department, are paid for at the Contract Unit Price. Payment is full compensation for furnishing and installing the Intersection Video Detection System Assembly. Payment for Intersection Video Detection System Assembly is made under: Item No. 938 Intersection Video Detection System Assembly, Type _ 82 Per Each 2. Output Expansion Module, Type A Output Expansion Modules, complete in place and accepted by the Department, are paid for at the Contract Unit Price. Payment is full compensation for furnishing and installing the Output Expansion Module and associated cabling. Payment for Output Expansion module is made under: Item No. 938 Output Expansion Module, Type A Per Each 3. Programming Monitor, Type A A Programming Monitor is paid for at the Contract Unit Price. Payment is full compensation for furnishing a Programming Monitor. Payment for Programming Monitor is made under: Item No. 938 Programming Monitor, Type A Per Each C. Microwave Radar Detection Assembly Microwave Radar Detection Assemblies, complete in place and accepted by the Department, are paid for at the Contract Unit Price. Payment is full compensation for furnishing and installing the Microwave Radar Detection Assembly. Payment for Microwave Radar Detection Assembly is made under: Item No. 938 Microwave Radar Detection Assembly Per Each D. Testing The Department will pay for testing performed as prescribed by this Item, measured as provided under Measurement. Payment for testing is made under: Item No. 938 Testing Lump Sum E. Training The Department will pay twenty-five (25%) of the total Lump Sum Contract bid amount for training upon approval of the Training Plan. The Department will pay the remaining seventy-five (75%) after completion of all training as described in Subsections 938.3.08. The total sum of all payments cannot exceed the original contract amount for this item. 83 Payment for training is made under: Item No. 938 938.5.01 Training Lump Sum Adjustments Not applicable 84 Microwave Radar Detector 2 Microwave Radar Detector 1 SS25 TB15 TB16 C1 C2 Detail Drawing 938.1 Microwave Radar Detector Assembly Block Diagram 85 Note: 1. TB2 is required and paid for in Section 939 of the Specifications. SS24 TB17 Communications Equipment To TB2 (Cabinet Power) Area to remain clear for full width and depth Equipment Outlets Cabinet Front 177m m. (7”) 44mm . (1¾”) 44mm . (1¾”) Support Panel 89mm . (3 ½”) Area to remain clear for full width and depth TB15, TB16, SS24, SS25, TB17 216mm.(8 Accessory ½”) Outlet 406mm.(16 ") 222m m. (8 ¾”) Area to remain clear for full width and depth Area to remain clear for full width and depth Area to remain clear for full width and depth Ethernet Switch Area to remain clear for full width and depth Sliding Drawer 44mm . (1 ¾”) 1168m m. (46") Equipment Outlets 44mm . (1 ¾”) 44mm . (1 ¾”) 44mm . (1 ¾”) Encoder Ethernet Switch Sliding Drawer FDC Support Panels Cabinet Front 222m m. (8¾" ) FDC Power Panel (Service entrance, Breakers, AC Surge / Filter, Terminal Blocks, Ground Bussbar) 610m m. (24") Left Side View 406mm. (16") Right Side View Support Panels Notes: 1. All dimension and scale are approximate . 2. FDC (Fiber Distribution Center) required and paid for in Section 935 3. Support Panels shall be mounted inside the cabinet rack cage . 4. Removal of a Support Panel or Mounting Panel shall not require the removal of any other cabinet component Detail Drawing 938.2 Type D Equipment Cabinet Assembly With Microwave Radar Detector Equipment 86 Davis Bacon Wage Rate Determination General Decision Number: GA120003 01/06/2012 GA3 Superseded General Decision Number: GA20100003 State: Georgia Construction Type: Highway Counties: Cherokee, Clayton, Cobb, Dekalb, Douglas, Fayette, Fulton, Gwinnett, Henry and Rockdale Counties in Georgia. HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 01/06/2012 SUGA2011-003 03/07/2011 Rates Fringes CARPENTER........................$ 11.16 CEMENT MASON/CONCRETE FINISHER...$ 10.99 LABORER Asphalt Raker...............$ 11.00 Asphalt Screed Person.......$ 10.50 Common or General...........$ 9.00 Form Setter.................$ 10.35 Guardrail Erector...........$ 13.50 Milling Machine Ground Person......................$ 10.00 Pipe Layer..................$ 10.20 Traffic Control Barricade Flagger.....................$ 10.00 POWER EQUIPMENT OPERATOR: Asphalt Distributor.........$ 14.10 Asphalt Paver/Spreader......$ 12.28 Backhoe/Excavator...........$ 10.80 Bulldozer...................$ 11.60 Compactor...................$ 10.00 Concrete Curb Machine.......$ 16.45 Crane/Dragline..............$ 17.50 87 Crusher.....................$ 14.00 Front End Loader............$ 10.70 Material Transfer Vehicle (Shuttle Buggy).............$ 11.30 Mechanic....................$ 14.47 Milling Machine.............$ 12.37 Motorgrader Fine Grade......$ 14.55 Motorgrader/Blade...........$ 14.39 Roller......................$ 10.00 Scraper-Pan.................$ 10.00 Sweeper Truck...............$ 14.21 Water Truck.................$ 11.25 TRUCK DRIVER 26,000 GVW & Under..........$ 10.76 26,001 GVW & Over...........$ 14.91 ---------------------------------------------------------------WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non-union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four-digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rate. Non-Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average 88 rates and are not union rates; however, the data used in computing these rates may include both union and non-union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. ---------------------------------------------------------------WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 89 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION The contractor is responsible for compliance with the Davis-Bacon and Related Acts (DBRA). FHWA 1589, Contractor Employment Reports, (shown below), are to be submitted to GDOT and the City on the 15th of each month for the life of the contract – Georgia DOT and the City are authorized to withhold payments for non-compliance in this area. 90 Required Contract Provisions Federal-Aid Construction Contracts ──────────────────────────────────────────────────────────────────────────────────────── I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. General Nondiscrimination Nonsegregated Facilities Payment of Predetermined Minimum Wage Statements and Payrolls Record of Materials, Supplies, and Labor Subletting or Assigning the Contract Safety: Accident Prevention False Statements Concerning Highway Projects Implementation of Clean Air Act and Federal Water Pollution Control Act Certification Regarding Debarment, Suspension Ineligibility, and Voluntary Exclusion Certification Regarding Use of Contract Funds for Lobbying Attachments A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) I. 1. 2. 3. 4. 5. 6. II. GENERAL These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. Selection of Labor: During the performance of this contract, the contractor shall not: i. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or ii. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. NONDISCRIMINATION (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) 91 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: i. ii. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. 92 a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 93 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: 1) The number of minority and non-minority group members and women employed in each work classification on the project; 2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; 94 3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and 4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. III. NONSEGREGATED FACILITIES (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) 1. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal-aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. 2. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). 3. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this 95 Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: 1) the work to be performed by the additional classification requested is not performed by a classification in the wage determination; 2) the additional classification is utilized in the area by the construction industry; 3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and 4) with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or 96 subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: 1. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. 2. The allowable ratio of apprentices to journeyman-level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman-level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. 3. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. 4. In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: 1. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. 2. The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the 97 payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. 3. Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman-level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. 4. In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: 98 No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one-and-one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated 99 in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: 1)that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; 2)that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; 3)that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal-aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. 100 b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. VIII. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 101 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined not more that $10,000 or imprisoned not more than 5 years or both." X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal-aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub.L. 92500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 102 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. XI CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transactions: (Applicable to all Federal-aid contracts - 49 CFR 29) a. b. c. d. e. f. g. h. i. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of 103 j. participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. ***** Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1b of this certification; and d. Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ***** 2. Instructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. 104 You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. ***** Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ***** XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 105 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. ATTACHMENT A - EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS (Applicable to Appalachian contracts only.) 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph 1c shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph 4 below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which he estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, he shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within 1 week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph 1c above. 5. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. 106 NOTICE TO CONTRACTORS COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 FOR FEDERAL-AID CONTRACTS During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor"), agrees as follows: 1. Compliance with Regulations: The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this Contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it afterward and prior to completion of the contract work, will not discriminate on the ground of race, color, sex, or national origin in the selection and retention of subcontracts including procurements of materials and leases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when contract covers a program set forth in Appendix B of the Regulations. In addition, the Contractor will not participate either directly or indirectly in discrimination prohibited by 23 CFR 710.405 (b). 3. Solicitations for subcontracts, including procurements of materials and equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Contract and the Regulations relative to nondiscrimination on the ground of race, color, national origin or sex. 4. Information and Reports: The Contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of infonna6on, and its facilities as may be determined by the Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, the Department of Transportation shall impose such Contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding of payments to the Contractors under the Contract until the Contractor complies, and/or 107 (b) Cancellation, termination or suspension of the Contract, in whole or in pan. 6. Incorporation of Provisions: The-Contractor will include the provisions of paragraph (1) through,(6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, orders or instruction issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procurement as the Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as result of such direction, the Contractor may request the State to enter into such litigation to protect the interests of the State, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. FEDERAL REGISTER / VOL. 45, NO. 194 / FRIDAY, OCTOBER 3,1980 / NOTICES NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) (43 FR 14895) 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered areas, are as follows: GOALS FOR FEMALE PARTICIPATION APPENDIX A (43 FR 19473) The following goals and timetables for female utilization shall be included in all Federal and federally assisted construction contracts and subcontracts in excess of $10,000. The goals ire applicable to the contractor's aggregate on-site construction workforce whether or not part of that workforce is performing work on a Federal or federally-assisted construction contract or subcontract. Area covered: Goals for Women apply nationwide. Goals and timetables 108 Timetable 4-1-78 4-1-79 4-1-80 Goals percent) to 3-31-79 to 3-31-80 Until Further Notice 3.1 5.0 6.9 GOALSFOR MINORITY PARTICIPATION Appendix B-80 Until further notice, the following goals for minority utilization in each construction craft and trade shall be included in all Federal or federally assisted construction contracts and subcontracts in excess of $10,000 to be performed in the respective geographical areas. The goals are applicable to each nonexempt contractor's total onsite construction workforce, regardless of whether or not part of that workforce is performing work on a Federal, federally assisted or non-federally related project, contract or subcontract. FEDERAL REGISTER / VOL. 45. NO. 194 / FRIDAY, OCTOBER 3,1980 /NOTICES Construction contractors which are participating in an approved Hometown Plan (see 41 CFR 60-4-5) are required to comply with the goals of the Hometown Plan with regard to construction work they perform in the areas covered by the Hometown Plan. With regard to all their other covered construction work, such contractors are required to comply with the applicable SMSA or EA goal contained in this appendix B-80. FEDERAL REGISTER / VOL. 45, NO. 194 / FRIDAY. OCTOBER 3,1980 / NOTICES State Goal (percent) Georgia: 035 Augusta, GA: SMSA Counties: 0600 Augusta, GA-SC……………………………………………………….. 27.2 GA Columbia; GA Richmond; SC Aiken; Non-SMSA Counties…………………………………………………………. GA Burke; GA Emanuel; GA Glascock; GA Jefferson; GA Jenkins; GA Lincoln; GA McDuffie; GA Talleferro; GA Warren; GA Wilkes; SC Allendale; SC Bamburg; SC Barnwell; SC Edgefield; SC McCormick; 32.-8 036 Atlanta, GA: SMSA Counties: 0520 Atlanta, GA ……………………………………………………………21.2 109 GA Butts; GA Cherokee; GA Clayton; GA Cobb; GA DeKalb; GA Douglas; GA Fayette; GA Forsyth; GA Fulton; GA Gwinnett; GA Henry; GA Newton; GA Paulding; GA Rockdale; GA Walton Non-SMSA Counties……………………………………………………….. 19.5 GA Banks; GA Barrow; GA Carroll; GA Clarke; GA Coweta; GA Dawson; GA Elbert; GA Fannin; GA Floyd; GA Franklin; GA Gilmer; GA Gordon; GA Greene; GA Habersham; GA Hall; GA Haralson; GA Hart; GA Heard; GA Jackson; GA Jasper; GA Lamar; GA Lumpkin; GA Madison; GA Morgan; GA Oconee; GA Oglethorpe; GA Pickins; GA Pike; GA Polk; GA Rabun; GA Spalding; GA Stephens; GA Towns; GA Upson; GA White 037 Columbus, GA: SMSA Counties: 1800 Columbus, GA-AL……………………………………………………..29.6 Al Russell; GA Chattahoochee; GA Columbus FEDERAL REGISTER / VOL. 45. NO. 194 / FRIDAY, OCTOBER 3,1980 / NOTICES Non-SMSA Counties……………………………………………………………36.1 Al Chambers; AJ Lee: GA Harris; GA Marion: GA Meriwether; GA Quitman; GA Schley; GA Stewart; GA Sumter; GA Talbot; GA Troup; GA Webster 038 MACON. GA SMSA Counties: 4680 Macon, GA…………………………………………………………….. 27.5 GA Bibb; GA Houston: GA Jones; GA Twiggs Non-SMSA Counties …………………………………………………………. 31.7 GA Baldwin: GA Bleckley: Crawford; GA Crisp; GA Dodge; GA Dooly; GA Hancock: GA Johnson; GA Laurens: GA Macon; GA Monroe; GA Peach; GA Pulaski; GA Putnam; GA Taylor; GA Telfair; GA Treutlan; GA Washington; GA Wheeler; GA Wilcox; GA Wilkinson 039 Savannah, GA: SMSA Counties: 7520 Savannah, GA ………………………………………………………… 30.6 GA Bryan; GA Chatham; GA Effingham Non-SMSA, Counties………………………………………………………… 29.8 GA Appling; GA Atkinson; 110 GA Bacon; GA Bulloch; GA Candler; GA Coffee; GA Evans; GA Jeff Davis; GA Liberty; GA Long; GA McIntosh; GA Montgomery; GA Screven; GA Tattnall; GA Toombs; GA Wayne; SC Beaufort; SC Hampton; SC Jasper 040 Albany, GA: SMSA Counties: 0120 Albany, GA………..………………………………………………….. 32.1 GA Dougherty; GA Lee Non-SMSA Counties …………………………………………………..…….. 31.1 GA Baker; GA Ben Hill; GA Berrien; GA Brooks; GA Calhoun; GA Clay; GA Clinch; GA Colquitt; GA Cook; GA Decatur; GA Early; GA Echols; GA Grady; GA Irwin; GA Lanier; GA Lowndes; GA Miller; GA Mitchell; GA Randolph; GA Seminole; GA Terrell; GA Thomas; GA Tift; GA Turner; GA Worth 111 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) (43 FR 14895) 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer Identification Number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U. S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U. S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 112 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U. S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. . c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minority and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing the notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year, and by posting the 113 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the-openings, screening procedures, and test to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. l. Conduct, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of' which the contractor is a member and participant, may be asserted as fulfilling any one or more of its 114 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA obligations under 7a through p of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 115 Revised: December 7, 2009 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA DISADVANTAGED BUSINESS ENTERPRISE PROGRAM CRITERIA FOR ACCEPTABILITY The purpose of this special provision is to establish criteria for acceptability of DBE firms for work performed on this contract. The intent is to ensure all participation counted toward fulfillment of the DBE goals is (1) real and substantial, (2) actually performed by viable, independent DBE owned firms, and (3) in accordance with the spirit of the applicable laws and regulations. The policy of the Georgia Department of Transportation is to ensure compliance with Title VI of the Civil Rights Act of 1964, 49 Code of Federal Register, Part 26 and related statutes and regulations in all program activities. To this end the Georgia Department of Transportation shall not discriminate on the basis of race, color, sex or national origin in the award, administration and performance of any Georgia Department of Transportation assisted contract or in the administration of its Disadvantaged Business Enterprise Program. The Georgia Department of Transportation shall take all necessary and reasonable steps to ensure nondiscrimination. DBE payments and commitments for Federal-aid projects shall be separate and distinct and cannot be transferred or combined in any matter. The DBE Goal specified in the contract will be a percentage representing the DBE Race Conscious Participation. The Contractor will strive to achieve an additional percentage, cumulatively amounting but not limited to 2 percent in his/her contracts for all projects during the course of the current State Fiscal Year, in order to meet the overall Georgia Department of Transportation DBE goal. 116 DBE PROCEDURES: The Contractor shall develop techniques to facilitate DBE participation in subcontracting activities. These techniques include: (A) Arranging solicitations, time for the presentation of quotes, quantities, specifications, and delivery schedules to facilitate the participation of DBEs. (B) Providing assistance to DBEs in overcoming barriers such as the inability obtaining bonding, financing, or technical assistance. DBE DIRECTORY: The Department has available a directory or source list to facilitate identifying DBEs with capabilities relevant to general contracting requirements and to particular solicitations. The Department will make the directory available to bidders and proposers in their efforts to meet the DBE requirements. The directory or listing includes firms which the Department has certified to be eligible DBEs in accordance with 49 CFR Part 26. GOAL FOR PARTICIPATION: If a percentage goal for DBE participation in this contract is set forth elsewhere in this proposal, the Contractor shall complete the DBE GOALS Form included in the proposal. The Contractor is encouraged to make every effort to achieve the goal set by the Department. However, if the Contractor cannot find sufficient DBE participants to meet the goal established by the Department, the Department will consider for award a proposal with less participation than the established goal if: (A) The bidder can demonstrate no greater participation could be obtained. This should be well documented by demonstrating the Contractor’s actions through good faith efforts. The following is a list of types of actions which the Department will consider as part of the Contractor’s good faith efforts to obtain DBE participation. This is not intended to be a mandatory checklist nor intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases. (1) Soliciting through all reasonable and available means (e.g. attendance at pre-bid meetings, advertising and/or written notices) the interest of all certified DBEs who have the capability to perform the work of the contract. The Contractor must solicit this interest within sufficient time to allow the DBEs to respond to the 117 solicitation. The Contractor must determine with certainty if the DBEs are interested by taking appropriate steps to follow up initial solicitations. (2) Selecting portions of the work to be performed by DBEs in order to increase the likelihood the DBE goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate DBE participation, even when the Contractor might otherwise prefer to perform these work items with its own forces. (3) Providing interested DBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist DBEs participants in responding to a solicitation. (4) (a) Negotiating in good faith with interested DBEs. Contractor(s) are responsible to make a portion of the work available to DBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional agreements could not be reached for DBEs to perform the work. (b) Contractor(s) using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm’s price and capabilities as well as contract goals into consideration. However, the fact there may be some additional costs involved in finding and using DBEs is not in itself sufficient reason for a bidder’s failure to meet the contract DBE goal, as long as such costs are reasonable. Also, 118 the ability or desire of a Contractor to perform the work of a contract with its own organization does not relieve the Contractor of the responsibility to make good faith efforts. Contractors are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable. (5) Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The Contractor’s standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. nonunion employee status) are not legitimate causes for the rejection or non solicitation of bids in the Contractor’s efforts to meet the project goal. (6) Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the contractor. (7) Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services. (8) Effectively using the services of available minority/women community organizations; minority/women Contractors’ groups; local, state, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBE’s. (B) The participation proposed by the low bidder is not substantially less than the participation proposed by the other bidders on the same contract. If no percentage goal is set forth in the proposal, the contractor may enter a proposed DBE participation. This voluntary DBE participation will count as race neutral DBE participation. Prime Contractor shall report race-neutral participation in accordance with the DBE Quarterly Report requirements shown in this document. To be eligible for award of this contract, All bidders will be required to submit the following information to the Department by the close of business on the 3rd working day following opening of the bid as a matter of bidder responsibility. 119 (1) The names and addresses of DBE firms committed to participate in the Contract; (2) A description of the work each DBE will perform; (3) The dollar amount of the participation of each DBE firm participating; (4) Written documentation of the bidder’s commitment to use a DBE subcontractor whose participation it submits to meet a contract goal; (5) Written confirmation from the DBE committed to participating in the contract, as provided in the prime contractor’s commitment. (6) If the contract goal is not met, evidence of good faith efforts must be provided. Failure by a bidder to furnish the above information may subject the bid to disqualification. Also failure by the bidder to submit satisfactory evidence of good faith efforts may subject the bid to disqualification. Award of a contract by the Department to a Prime Contractor who has listed DBE participants with the bid may not constitute final approval by the Department of the listed DBE. The Department reserves the right to approve or disapprove a Disadvantaged firm after a review of the Disadvantaged firm’s proposal participation. Payment to the Contractor under the contract may be withheld until final approval of the listed DBEs is granted by the Department. If the Contractor desires to substitute a DBE in lieu of those listed in the proposal, a letter of concurrence shall be required from the listed DBE prior to approval of the substitution, unless this requirement is waived by the Department. Agreements between bidder and a DBE in which promises not to provide Subcontracting quotations to other bidders are prohibited. DEFINITION: For the purposes of this provision, the following definitions will apply: Disadvantaged Business Enterprise or DBE means a for-profit small business concern – (1) Ensuring at least 51 percent owned by one or more individuals who are both socially and economically disadvantaged or, in the case of a corporation, in which 51 percent of the stock is owned by one or more such individuals; and 120 (2) Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own the business. Good Faith Efforts means efforts to achieve a DBE goal or other requirement of this part which, by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the program requirement. Joint Venture means an association of a DBE firm and one or more other firms to carry out a single, for-profit business enterprise, for which the parties combine their property, capital, efforts, skills and knowledge, and in which the DBE is responsible for a distinct, clearly defined portion of the work of the contract and whose share in the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its ownership interest. Socially and Economically Disadvantaged Individual means any individual who is a citizen (or lawfully admitted permanent resident) of the United States and who is – (1) Any individual who the Department finds to be a socially and economically disadvantaged individual on a case-by-case basis. (2) Any individual in the following groups, members of which are reputably presumed to be socially and economically disadvantaged. (i) “Black Americans,” which includes persons having origins, in any of the Black racial groups of Africa; (ii) “Hispanic Americans,” which includes persons of Mexican, Puerto Rican, Cuban, Dominican, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; (iii) “Native Americans,” which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; (iv) “Asian-Pacific Americans,” which includes persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), the 121 Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga, Kiribati, Juvalu, Nauru, Federated States of Micronesia, or Hong Kong; (v) “Subcontinent Asian Americans,” which includes persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka; (vi) Women; (vii) Any additional groups whose members are designated as socially and economically disadvantaged by the SBA, at such time as the SBA designation becomes effective. (3) GDOT will presume that such persons are socially and economically disadvantaged only to the extent permitted by applicable federal law. Race-conscious measure is one focused specifically on assisting only DBEs, including womenowned DBEs. Race-neutral measure is one being, or can be, used to assist all small businesses. For the purposes of this part, race-neutral includes gender-neutrality. DISCRIMINATION PROHIBITED: No person shall be excluded from participation in, denied the benefits of, or otherwise discriminated against in connection with the award and performance of this contract on the grounds of race, color, sex or national origin. The following assurance becomes a part of this contract and must be included in and made a part of each subcontract the prime contractor enters into with their subcontractors (49 CFR 26.13): “The contractor, and/or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT – assisted contracts. Failure by the contractor to carry out these requirements is (breach) of this contract which may result in the termination of this contract or such other remedy as the Department deems appropriate. 122 Failure to Achieve Requirements: Periodic reviews shall be made by the Department to determine the extent of compliance with the requirements set forth in this provision. If the Contractor is found to be in noncompliance, further payments for any work performed may be withheld until corrective action is taken. If corrective action is not taken, it may result in termination of this contract. Participation will be counted toward fulfillment of the DBE goal as follows: (A) When a DBE participates in a contract, the Contractor counts only the value of the work actually performed by the DBE toward DBE goals. (1) Count the entire amount of the portion of a construction contract (or other contract not covered by paragraph (A) (2) of this section) performed by the DBE’s own forces. Include the cost of supplies and materials obtained by the DBE for the work of the contract, including supplies purchased or equipment leased by the DBE (except supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate). (2) Count the entire amount of fees or commissions charged by a DBE firm for providing a bona fide service, such as professional, technical consultant, or managerial services, or for providing bonds or insurance specifically required for the performance of a DOT-assisted contract, toward DBE goals, provided the Department determines the fee is reasonable and not excessive as compared with fees customarily allowed for similar services. (3) When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted toward DBE goals only if the DBE’s subcontractor is itself a DBE. Work that a DBE subcontracts to a non-DBE firm does not count toward DBE goals. (B) When a DBE performs as a participant in a joint venture, count a portion of the total dollar value of the contract equal to the distinct, clearly defined portion of 123 the work of the contract the DBE performs with own forces toward DBE goals. (C) Count expenditures to a DBE contractor toward DBE goals only if the DBE is performing a commercially useful function on that contract. (1) A DBE performs a commercially useful function when responsible for execution of the work of the contract and carrying out responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. (2) A DBE does not perform a commercially useful function if their role is limited to being an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. (3) If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of their contract with their own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the Department will presume the DBE is not performing a commercially useful function. (4) When a DBE is presumed not to be performing a commercially useful function as provided in paragraph (C) (3) of this section, the DBE may present evidence to rebut this presumption. (5) The Department’s decisions on commercially useful function matters are subject to review by the US DOT, but are administratively appealable to the US DOT. (D) The following factors are to be used in determining whether a DBE trucking company is performing a commercially useful function: (1) The DBE must be responsible for the management and 124 supervision of the entire trucking operation for which they are responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting DBE goals. (2) The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract. (3) The DBE receives credit for the total value of the transportation services it provides on the contract using trucks it owns, insures, and operates using drivers it employs. (4) The DBE may lease trucks from another DBE firm, including an owner/operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provided on the contract. (5) The DBE may also lease trucks from a non-DBE and is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE. (6) For purposes of this paragraph (D), a lease must indicate the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. (E) Count expenditures with DBEs for materials or supplies toward DBE goals as provided in the following: (1) (i) If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies toward DBE goals. (ii) For purposes of this paragraph, a manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character 125 described by the specifications. (2) (i) If the materials or supplies are obtained from a DBE regular dealer, count 60 percent of the cost of the materials or supplies toward DBE goals. (ii) For purposes of this section, a regular dealer is a firm owning, operating, or maintaining a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. (A) To be a regular dealer, the firm must be an established, regular business engaging, as its principal business and under its own name, in the purchase and sale or lease of the products in question. (B) A person may be a regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business as provided in this paragraph (E)(2)(ii) if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers’ own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract-by-contract basis. (C) Packagers, brokers, manufacturers’ representatives, or other persons who arrange or expedite transactions are not regular dealers within the meaning of this paragraph (E)(2). (3) With respect to materials or supplies purchased from a DBE which is neither a manufacturer nor a regular dealer, count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, toward DBE goals, provided you determine the fees to be reasonable and not excessive as compared with fees customarily allowed for similar services. Do not count any portion of the cost of the materials and supplies themselves toward DBE goals, however. 126 (4) Do not count the participation of a DBE subcontractor toward the prime contractor’s DBE achievements until the amount being counted toward the goal has been paid to the DBE. (5) No participation will be counted not in compliance with Special Provision entitled “Criteria for Acceptability” which is a part of this contract or with any provisions included in 49 CFR Part 26. (6) If the contract amount overruns, the contractor will not be required to increase the dollar amount of DBE participation. If the contract amount under runs, the contractor will not be allowed to under run the dollar amount of DBE participation except when the DBE subcontracted items themselves under run. REPORTS A: The contractor shall submit a “DBE Participation Report” on this contract quarterly which shall include the following: 1. The name of each DBE participating in the contract. 2. A description of the work to be performed, materials, supplies, and services provided by each DBE. 3. Whether each DBE is a supplier, subcontractor, owner/operator, or other. 4. The dollar value of each DBE subcontract or supply agreement. 5. The actual payment to date of each DBE participating in the contract. 6. The report shall be updated by the Prime Contractor whenever the approved DBE has performed a portion of the work that has been designated for the contract. Copies of this report should be transmitted promptly to the Engineer. Failure to submit the report with 30 calendar days following the end of the quarter may cause payment to the contractor to be withheld. 7. The Prime Contractor shall notify the Project Engineer at least 24 hours prior to the time the DBE commences working on the project. The DBE must furnish supervision of the DBE portion of the work, and the person responsible for this supervision must report to the Project Engineer when they begin work on the project. They must also inform the project engineer when their forces will be doing work on the project. 127 B. In order to comply with 49 CFR 26.11, the Prime Contractor shall submit documentation regarding all payments made from the Prime to all DBE subcontractors on federal aid projects in the form of copies of cancelled checks or notarized electronic documentation which validates said payments made on the DBE Quarterly Participation Reports. This information shall be required quarterly and submitted with the DBE Quarterly Participation Report. C. Failure to respond within the time allowed in the request will be grounds for withholding all payments on all Contracts. SUBSTITUTION OF DBEs: The Contractor shall make reasonable efforts to replace a DBE Subcontractor unable to perform work for any reason with another DBE. The Department shall approve all substitutions of Subcontractors in order to ensure the substitute firms are eligible DBEs. CERTIFICATION OF DBEs: To ensure the DBE Program benefits only firms owned and controlled by Disadvantaged Individuals, the Department shall certify the eligibility of DBEs and joint ventures involving DBEs named by bidders. Questions concerning DBE Certification/Criteria should be directed to the EEO Office at (404) 631-1972. 128 129 12% 130 INSTRUCTIONS TO CONTRACTOR DBE PARTICIPATION REPORT In order to receive credit toward the DBE Goal, the prime contractor must complete the report in its entirety and submit this form MONTHLY to the Project Manager in charge of the contract. Failure to submit this form will result in no credit toward the contract DBE requirements. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. PROJECT NUMBER – This is the GDOT assigned project number – See Contract. COUNTY – See Contract. CONTRACT ID NUMBER – This is the GDOT Contract Identification Number – See Contract. CONTRACTOR NAME – REPORT SUBMISSION DATE – This is the date the report is completed. REPORT NUMBER – Reports must be consecutively numbered. REPORT TYPE – This should be checked monthly until all work has been completed, at which time the Report Type should be changed to Final and submitted to the Project Manager. DATE WORK BEGAN – This is the date of the first day any work occurred on the project. DBE REQUIRED PERCENTAGE – This is the total required % of the original contract amount. CONTRACT $ AMOUNT – DBE Amount: The DBE amount and percentage are the DBE amount and percentage shown in the original contract. (In some instances, this amount may be greater than the percentage amount and may exceed the percentage in the contract; for reporting purposes, the amount over the DBE percentage on this contract is considered race neutral). Original subcontract amount should be at least the amount listed in the contract. Any amounts above the race conscious number or percentage are counted as race neutral and should be shown on report on a separate line than the race conscience. The contractor cannot add the race neutral until the race conscious is exceeded. PERCENT $ COMPLETE – Insert the Percentage Complete, which reflects the percentage of project completed in dollars to the ending date of this report. DBE $ AMOUNT – The is the total dollar amount representing the percentage of the original contract. PERCENT PROJECT COMPLETE – Insert the Percentage of Project Complete, which indicates the time completed on the project. DATE CLOSING THIS REPORT – Please check the appropriate date for the close of payments for this report. SUPPLIER (S) – One who supplies material to the Project. The dollar value shown in the contracts for suppliers represents the calculated sixty percent (60%) dollar value of the original amount; therefore, the supplier percentage requires no further adjustments. The amount in the contact should be shown as the subcontract amount. OWNER / OPERATOR (0) – One who owns and operates the equipment themselves. SUBCONTRACTOR (SC) – Those who aren’t a supplier or owner/operator. SUBCONTRACTOR AGREEMENT RECEIVED (SAR): The Department requests that you supply a copy of valid executable subcontract agreements between your company and your DBE subcontractors per section 108.01 of the Standard Specifications. All subcontracts shall include the Required Contract Provisions, FHWA 1273; these provisions shall not be incorporated by reference. A copy of subcontractor agreement (SAR) between the prime and each DBE must be submitted to the Area Engineer’s Office. 131 RACE NEUTRAL (RN) – DBE participation that would have been used in the absence of any contract goal provisions. Race Neutral Definition: 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. No goal on project and Prime subcontracts to a DBE ‐ Race Neutral (% of work) Prime contractor exceeds goal on a project – Race Neutral (after fulfilling original goal) and DBE wins the Prime Contract (w Goal) – Race Neutral ( unless they sub out too much work) RACE CONSCIOIUS – DBE participation that was utilized specifically to meet the proposed contract goal or portion thereof. ORIGINAL SUBCONTRACT AMOUNT – This is the original amount shown in the Signed Contract. PREVIOUS PAYMENTS – This totals all PAYMENTS prior to this report. PAYMENTS THIS REPORT – These are the totals of PAYMENTS during this report period only. PAYMENTS TO DATE – Show the actual amount that each DBE has payments to-date under the contract based on the unit prices paid to the DBE by the prime contractor and not contract unit prices. When a supplier is used to fulfill the DBE requirements, only 60% of the amount earned by the supplier may be entered. Show that total amount in the space provided. CURRENT COLUMN TOTALS – Total each column. PERCENT OF CONTACT – This percentage is calculated using the contract amount and the total DBE payments-to-date. CERTIFICATION – The contractor or his authorized representative must sign this form prior to submittal. Failure to complete and submit this form in a timely manner may delay monthly progress payments. DBE must perform at least 30% of work with own forces to meet commercially useful function criteria (49CFR26.55). If a DBE subcontracts part of the work of its contract to another firm, the value of the work can only be counted toward the DBE goal if the DBE’s subcontractor is itself a DBE. A DBE hauler must itself own and operate at least one fully licensed, insured and operational truck to be used on the contract. Payments and commitments for Federal-aid projects shall be separate and distinct and cannot be transferred or combined in any manner. Credits towards DBE goal can only be claimed after the amount being claimed toward the goal has been paid to the DBE. Attach cancelled checks: Prime Contractor shall submit documentation regarding all payments made from the Prime to all DBE subcontractors on federal aid projects in the form of copies of cancelled checks or notarized electronic documentation which validates said payments made on the DBE Monthly Participation Reports. This information shall be required monthly and submitted with the DBE Monthly Participation Report (49CFR26.11). GENERAL INFORMATION The prime contractor may change DBE firms only with the approval of the District Engineer, provided the changes confirm to contract regulations. The prime contractor is responsible for sending a copy of the subcontractor agreement between the prime and its subcontractors to the Project Manager. After submitting this document to the Project Manager, the prime contractors checks the block on the DBE Participation Report. Only one copy of the subcontractor agreement is requested for each DBE subcontractor. If the prime contractor has not submitted a copy of the subcontractor agreement between the prime and its DBE subcontractor(s), the project manager will contact the prime contractor and request this document. The prime contractor is not requested to send copies of the subcontractor agreement signed with the DBE firms to multiple offices within GDOT. Sending this information to the Project Manager will satisfy the federal requirements. The prime contractor is responsible to accurately complete the report prior to submitting to the department. Once submitted to the department, the department project manager is responsible for reviewing it 132 for accuracy. If the report is inaccurate, the department project manager shall send the report back to the prime contractor for corrections. Payment will be withheld by the Department until a correct report is received. The prime contractor is required to submit the monthly DBE from the month of Notice To Proceed until the Final DBE Report is submitted. Payment will be withheld by the Department until the report is received. Upon completion of the work, a final “DBE Participation Report” will be required and submitted to the Area Engineer prior to final payment. All information shown on the form must be completed, including the payments of each approved DBE. Joint ventures between non-DBE and certified DBE: Only that portion of the work for which the DBE is responsible may be used to satisfy the requirements. Should you have questions about the Monthly DBE Participation Report – ARRA Reporting, contact the local District Contracts Administration Office or District EEO Officer. FOR DEPARTMENTAL USE ONLY: Federal Law requires that the work of DBE contractors be monitored in the field as part of the effort to ensure that DBEs are actually performing the work (49CFR26.37 (b). District EEO Officers must receive copies of the Monthly DBE Participation Reporting. 133 134 135