30
Promptly sign and date on the line below, then EMAIL IT BACK TO KDOT at [email protected] EVEN IF NOT BIDDING. Any instructions not followed will result in your bid being declared irregular. If these changes affect any of your subcontractors or suppliers, IT IS YOUR RESPONSIBILITY to inform them. These changes are part of the contract for this project(s). Please contact me at (785) 296-7141, if there are questions. Thank you for your cooperation. _____________________________________________________________________________________ (Company Name) (Signature) (Date) C: District 4 & Iola Construction Office KA3255a2 Kansas Department of Transportation Bureau of Construction and Materials Estimating Section To: Prime Contractor Bid Holders From: Josh Matyi - Estimating Engineer Associate Date: January 9, 2021 Proposal/Contract No.: 521012504 Subject: Project Notice for the January 20, 2021 Letting U169-106 KA 3255-01 Statewide – Grading, Bridge & Surfacing Added the following special provisions: KS20210062 – MINIMUM WAGE RATE (ALLEN COUNTY) KS20210106 – MINIMUM WAGE RATE (NEOSHO COUNTY) 12-17-20 – REQUIRED CONTRACT PROVISION-NDAA 889 TELECOMM PROHIBITION 15-PS0054 – HMA CONSTRUCTION-ASPHALT TREATED BASE-ALTERNATE 15-PS0178 – GEOSYNTHETIC REINFORCED BASE 15-WS0154-R3 – WORK SCHEDULE 15-EV0038 – SPECIAL CONDITIONS – ENVIRONMENTAL Deleted special provision 15-WS0154-R2 – WORK SCHEDULE PRE-BID CONFERENCE NOTES are include on this addendum. To view this project’s documents, choose “ Addendum #2” from KDOT’s website: https://kdotapp.ksdot.org/Proposal/Proposal.aspx. The Contractor is responsible for ensuring the EBS file that the Contractor uses to prepare its Proposal and submits to KDOT contains any amendments. We also recommend that you check the Bid Express “Questions and Answers” (https://www.bidx.com/ks/lettings) to review any questions that may have been posted for this project.

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  • Promptly sign and date on the line below, then EMAIL IT BACK TO KDOT at [email protected] EVEN IF NOT BIDDING. Any instructions not followed will result in your bid being declared irregular. If these changes affect any of your subcontractors or suppliers, IT IS YOUR RESPONSIBILITY to inform them. These changes are part of the contract for this project(s). Please contact me at (785) 296-7141, if there are questions. Thank you for your cooperation.

    _____________________________________________________________________________________ (Company Name) (Signature) (Date) C: District 4 & Iola Construction Office

    KA3255a2

    4BKansas Department of Transportation

    3BBureau of Construction and Materials 0BEstimating Section

    To: Prime Contractor Bid Holders

    2BFrom: Josh Matyi - Estimating Engineer Associate

    5BDate: January 9, 2021 Proposal/Contract No.: 521012504

    Subject: Project Notice for the January 20, 2021 Letting

    U169-106 KA 3255-01 Statewide – Grading, Bridge & Surfacing Added the following special provisions: KS20210062 – MINIMUM WAGE RATE (ALLEN COUNTY) KS20210106 – MINIMUM WAGE RATE (NEOSHO COUNTY) 12-17-20 – REQUIRED CONTRACT PROVISION-NDAA 889 TELECOMM PROHIBITION 15-PS0054 – HMA CONSTRUCTION-ASPHALT TREATED BASE-ALTERNATE 15-PS0178 – GEOSYNTHETIC REINFORCED BASE 15-WS0154-R3 – WORK SCHEDULE 15-EV0038 – SPECIAL CONDITIONS – ENVIRONMENTAL Deleted special provision 15-WS0154-R2 – WORK SCHEDULE PRE-BID CONFERENCE NOTES are include on this addendum. To view this project’s documents, choose “Addendum #2” from KDOT’s website: https://kdotapp.ksdot.org/Proposal/Proposal.aspx. The Contractor is responsible for ensuring the EBS file that the Contractor uses to prepare its Proposal and submits to KDOT contains any amendments. We also recommend that you check the Bid Express “Questions and Answers” (https://www.bidx.com/ks/lettings) to review any questions that may have been posted for this project.

  • KANSAS DEPARTMENT OF TRANSPORTATIONSPECIAL PROVISION LIST

    PAGE:DATE:

    101/09/21

    STATE PROJECT NO: U169-106 KA 3255-01 STATE CONTRACT NO: 521012504

    FEDERAL PROJ NO.

    PRIMARY DISTRICT:

    DESCRIPTION:

    PRIMARY COUNTY: STATEWIDE4

    GRADING, BRIDGE & SURFACING. US-169: FR 2.953 MI N OF THE US-169/K-47 JCT N TO 1.7 MI N OF THE NO/AL CO LN IN NO AND AL CO. LGTH IS 13.407 MI.

    NHPP-A325(501)

    PROVISION NO. DESCRIPTION

    NOTE: THE FOLLOWING LIST OF SPECIAL PROVISIONS ARE FOR THIS PROJECT. OMISSION OF ALL OR PART OF A SPECIAL PROVISION IN THE ATTACHED PROPOSAL (CONTRACT) DOES NOT RELIEVE THE CONTRACTOR OF THE RESPONSIBILITY FOR OBTAINING THE COMPLETE PROVISION AS LISTED.

    REQUIRED CONTRACT PROVISION-NONCOLLUSION / HISTORY-DEBARMENT08-10-66-R05REQUIRED CONTRACT PROVISION-FINANCIAL PREQUALIFICATION04-30-82-R07REQUIRED CONTRACT PROVISION-CONTRACTUAL SERVICES-LEGISLATOR08-04-92-R03REQUIRED CONTRACT PROVISION-LIMITS OF FED FUNDS FOR LOBBYING04-26-90-R05REQUIRED CONTRACT PROVISION-REPAIR (STRUCTURES)05-18-07-R02REQUIRED CONTRACT PROVISION-PRICE ADJUSTMENT FOR FUEL10-10-00-R09REQUIRED CONTRACT PROVISION-DBE CONTRACT GOAL07-19-80-R13REQUIRED CONTRACT PROVISION-NOTICE FOR AFFIRMATIVE ACTION11-03-80-R09REQUIRED CONTRACT PROVISION-EEO REQUIREMENT11-15-96-R05REQUIRED CONTRACT PROVISION - BOYCOTT OF ISRAEL PROHIBITED07-01-17-R1MINIMUM WAGE RATE (NEOSHO COUNTY)KS20210106REQUIRED CONTRACT PROVISION-NDAA 889 TELECOMM PROHIBITION12-17-20MINIMUM WAGE RATE (ALLEN COUNTY)KS20210062REQUIRED CONTRACT PROVISION-TAX CLEARANCE CERTIFICATE01-01-11-R01NOTICE TO CONTRACTORS (USDOT HOTLINE)09-06-94-R01REQUIRED CONTRACT PROVISION-FEDERAL-AID CONSTRUCTION CONTRACTSFHWA-1273REQUIRED CONTRACT PROVISION-DBE SUPPLIERS/REGULAR DEALERS03-10-06-R01REQUIRED CONTRACT PROVISION-UTILIZATION OF DBE'S07-18-80-R29POLICY AGAINST SEXUAL HARASSMENT03-01-18REQUIRED CONTRACT PROVISION - ELECTRIC LIGHTING SYSTEM11-15-17-R01ERRATA SHEET FOR STD SPEC BOOK FOR RD & BR CONST, 2015 ED15-ER-1-R20INFORMATION TO CONTRACTORS (STATUS OF UTILITIES)15-01002HIGHWAY CONSTRUCTION TRAINEES15-01007FUEL ADJUSTMENT15-01008-R02ENVIRONMENTAL CONCERNS - MIGRATORY BIRD TREATY ACT15-01011-R06REQUIRED ATTENDANCE-PRE-BID CONFERENCE15-01013PROSECUTION AND PROGRESS15-01016-R03CARGO PREFERENCE ACT15-01017CONTROL OF MATERIALS15-01018CONTROL OF WORK15-01019-R02BIDDING REQUIREMENTS AND CONDITIONS15-01021-R03SCOPE OF WORK15-01022-R04BIDDING REQUIREMENTS AND CONDITIONS15-01023AWARD AND EXECUTION OF CONTRACT15-01024REMOVAL OF EXISTING STRUCTURES15-02001

  • KANSAS DEPARTMENT OF TRANSPORTATIONSPECIAL PROVISION LIST

    PAGE:DATE:

    201/09/21

    STATE PROJECT NO: U169-106 KA 3255-01 STATE CONTRACT NO: 521012504

    FEDERAL PROJ NO.

    PRIMARY DISTRICT:

    DESCRIPTION:

    PRIMARY COUNTY: STATEWIDE4

    GRADING, BRIDGE & SURFACING. US-169: FR 2.953 MI N OF THE US-169/K-47 JCT N TO 1.7 MI N OF THE NO/AL CO LN IN NO AND AL CO. LGTH IS 13.407 MI.

    NHPP-A325(501)

    PROVISION NO. DESCRIPTION

    NOTE: THE FOLLOWING LIST OF SPECIAL PROVISIONS ARE FOR THIS PROJECT. OMISSION OF ALL OR PART OF A SPECIAL PROVISION IN THE ATTACHED PROPOSAL (CONTRACT) DOES NOT RELIEVE THE CONTRACTOR OF THE RESPONSIBILITY FOR OBTAINING THE COMPLETE PROVISION AS LISTED.

    CEMENT TREATED BASE15-03001STRUCTURAL CONCRETE15-04002ON GRADE CONCRETE15-04003GENERAL CONCRETE15-04005-R01PORTLAND CEMENT CONCRETE PAVEMENT (QC/QA)15-05003HOT MIX ASPHALT (HMA)-COMMERCIAL GRADE15-06010STRUCTURAL METALS FABRICATION15-07004-R02DRILLED SHAFT (SPECIAL)15-07007HIGH MAST LIGHT TOWERS15-07009-R01CONCRETE STRUCTURE CONSTRUCTION15-07011-R01AREA PREPARED FOR PATCHING (EXISTING CONCRETE BRIDGE DECKS)15-07019MULTI-LAYER POLYMER CONCRETE OVERLAY15-07020PERMANENT SIGNING15-08010-R01PAVEMENT WIDENING, SHOULDERING AND PAVEMENT EDGE WEDGE15-08011-R02UNDERDRAINS15-08012CONCRETE SAFETY BARRIER15-08014CONTRACTOR CONSTRUCTION STAKING15-08015PAVEMENT PATCHING15-08016MAINTENANCE AND RESTORATION OF HAUL ROADS15-08018WORK ZONE TRAFFIC CONTROL & SAFETY15-08019-R01DURABLE PAVEMENT MARKING15-08020-R01FIELD OFFICE AND LABORATORY15-08023STORMWATER POLLUTION MANAGEMENT15-09002-R03MULCHING15-09003TEMPORARY EROSION AND SEDIMENT CONTROL/SEEDING15-09004STONE FOR RIPRAP, DITCH LINING AND OTHER MISCELLANEOUS USES15-11001-R03AGGREGATE FOR HMA15-11002-R01AGGS FOR CONCRETE NOT PLACED ON GRADE15-11003-R03AGGREGATE FOR ON GRADE15-11004-R01AGGREGATES FOR BACKFILL15-11009-R02GENERAL REQUIREMENT DIVISION 120015-12001-R01PERFORMANCE GRADED ASPHALT BINDER15-12002AIR-ENTRAINING ADMIXTURES FOR CONCRETE15-14001-R01SHEET MATERIALS FOR CURING CONCRETE15-14002LIQUID MEMBRANE FORMING COMPOUNDS15-14003

  • KANSAS DEPARTMENT OF TRANSPORTATIONSPECIAL PROVISION LIST

    PAGE:DATE:

    301/09/21

    STATE PROJECT NO: U169-106 KA 3255-01 STATE CONTRACT NO: 521012504

    FEDERAL PROJ NO.

    PRIMARY DISTRICT:

    DESCRIPTION:

    PRIMARY COUNTY: STATEWIDE4

    GRADING, BRIDGE & SURFACING. US-169: FR 2.953 MI N OF THE US-169/K-47 JCT N TO 1.7 MI N OF THE NO/AL CO LN IN NO AND AL CO. LGTH IS 13.407 MI.

    NHPP-A325(501)

    PROVISION NO. DESCRIPTION

    NOTE: THE FOLLOWING LIST OF SPECIAL PROVISIONS ARE FOR THIS PROJECT. OMISSION OF ALL OR PART OF A SPECIAL PROVISION IN THE ATTACHED PROPOSAL (CONTRACT) DOES NOT RELIEVE THE CONTRACTOR OF THE RESPONSIBILITY FOR OBTAINING THE COMPLETE PROVISION AS LISTED.

    HOT JOINT SEALING COMPOUND15-15001-R01PREFORMED EXPANSION JOINT FILLER FOR CONCRETE15-15002COLD APPLIED CHEMICALLY CURED JOINT SEALANT15-15004BACKER ROD15-15005STRUCTURAL STEEL TUBING15-16001-R01STEEL SIGN POSTS15-16002-R03STEEL WIRE & WELDED WIRE FABRIC FOR CONCRETE REINFORCEMENT15-16003-R01MATERIALS FOR FENCING15-16004ANCHOR BOLTS FOR STRUCTURAL USES15-16006-R01STEEL FASTENERS15-16007-R01STEEL PLATE GUARDRAIL AND PROPRIETARY END TERMINALS15-16008-R01HELICAL REINFORCEMENT15-16009PORTABLE CHANGEABLE MESSAGE SIGNS15-17001GEOFOAM15-17003-R01RELEASE COMPOUND FOR ASPHALT MIXES15-17004-R04FIBROUS REINFORCEMENT FOR CONCRETE15-17006-R02GEOSYNTHETICS15-17007-R02PLASTIC PIPE FOR UNDERDRAINS, OUTLETS AND DRAIN TILE15-19002-R01USES OF PIPE15-19005-R03CMP AND END SECTIONS15-19006-R01PORTLAND CEMENT AND BLENDED HYDRAULIC CEMENT15-20001HYDRATED LIME15-20002SEEDS15-21001THERMOPLASTIC15-22001-R01MULTI - COMPONENT LIQUID PAVEMENT MARKING MATERIAL15-22003-R02IMAGE SYSTEMS15-22005-R03RETROREFLECTIVE SHEETING15-22006-R01PREFORMED THERMOPLASTIC PAVEMENT MARKING MATERIAL15-22008-R01ROLL-UP SIGNS15-22011WOOD POSTS15-23001-R02FIELD HANDLING AND PRESERVATIVE TREATMENT OF WOOD PRODUCTS15-23003PART V15-25001-R06CONSTRUCTION MANUAL - PART V15-25002-R01MATERIALS CERTIFICATIONS15-26001-R08PROSECUTION AND PROGRESS – NETWORK SCHEDULE15-PS0019

  • KANSAS DEPARTMENT OF TRANSPORTATIONSPECIAL PROVISION LIST

    PAGE:DATE:

    401/09/21

    STATE PROJECT NO: U169-106 KA 3255-01 STATE CONTRACT NO: 521012504

    FEDERAL PROJ NO.

    PRIMARY DISTRICT:

    DESCRIPTION:

    PRIMARY COUNTY: STATEWIDE4

    GRADING, BRIDGE & SURFACING. US-169: FR 2.953 MI N OF THE US-169/K-47 JCT N TO 1.7 MI N OF THE NO/AL CO LN IN NO AND AL CO. LGTH IS 13.407 MI.

    NHPP-A325(501)

    PROVISION NO. DESCRIPTION

    NOTE: THE FOLLOWING LIST OF SPECIAL PROVISIONS ARE FOR THIS PROJECT. OMISSION OF ALL OR PART OF A SPECIAL PROVISION IN THE ATTACHED PROPOSAL (CONTRACT) DOES NOT RELIEVE THE CONTRACTOR OF THE RESPONSIBILITY FOR OBTAINING THE COMPLETE PROVISION AS LISTED.

    HMA CONSTRUCTION-ASPHALT TREATED BASE-ALTERNATE15-PS0054GEOSYNTHETIC REINFORCED BASE15-PS0178WORK SCHEDULE15-WS0154-R3RAILROAD FLAGGING REQUIREMENTS15-RF0151SPECIAL CONDITIONS – ENVIRONMENTAL15-EV0038

    END OF SPECIAL PROVISION LIST

  • "General Decision Number: KS20210062 01/01/2021 Superseded General Decision Number: KS20200062 State: Kansas Construction Type: Highway County: Allen County in Kansas. HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/01/2021 ENGI0101-002 04/01/2018 Rates Fringes POWER EQUIPMENT OPERATOR (Drill Rig Caissons).............$ 36.22 17.99 ---------------------------------------------------------------- * IRON0010-007 04/01/2020 Rates Fringes

  • IRONWORKER, STRUCTURAL...........$ 34.00 31.24 ---------------------------------------------------------------- SUKS2019-001 05/09/2019 Rates Fringes CARPENTER........................$ 14.94 0.00 CEMENT MASON/CONCRETE FINISHER...$ 16.24 0.00 ELECTRICIAN......................$ 26.72 4.22 FORM WORKER......................$ 15.33 1.20 IRONWORKER, REINFORCING..........$ 14.09 0.00 LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor......................$ 14.38 0.00 LABORER: Common or General......$ 16.60 0.00 LABORER: Flagger................$ 12.14 0.00 OPERATOR: Asphalt Plant.........$ 14.81 0.00 OPERATOR: Backhoe/Excavator/Trackhoe.......$ 18.77 2.19 OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 16.90 0.00 OPERATOR: Broom/Sweeper.........$ 13.64 0.00 OPERATOR: Bulldozer.............$ 17.17 2.37 OPERATOR: Concrete Finishing Machine..........................$ 21.11 0.00 OPERATOR: Concrete Saw..........$ 16.71 0.00 OPERATOR: Crane.................$ 20.22 7.66 OPERATOR: Distributor...........$ 15.19 0.00 OPERATOR: Grader/Blade..........$ 17.89 1.67 OPERATOR: Loader................$ 15.75 0.00 OPERATOR: Material Transfer Vehicle..........................$ 13.92 0.00 OPERATOR: Mechanic..............$ 20.51 0.00

  • OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 16.03 0.00 OPERATOR: Roller................$ 14.17 0.00 OPERATOR: Scraper...............$ 15.68 0.00 OPERATOR: Screed................$ 15.56 0.00 OPERATOR: Tractor...............$ 16.24 0.00 OPERATOR: Roto Mill Groundman....$ 15.35 0.00 OPERATOR: Roto Mill..............$ 17.80 0.00 OPERATOR: Striping Machine.......$ 19.93 4.49 SERVICEMAN: EQUIPMENT............$ 16.33 1.74 TRAFFIC CONTROL: Service Driver...........................$ 14.55 0.00 TRUCK DRIVER: Pickup Truck......$ 16.19 0.00 TRUCK DRIVER: Water Truck.......$ 17.07 0.00 TRUCK DRIVER: Dump and Tandem....$ 15.79 0.00 TRUCK DRIVER: Flatbed and Lowboy...........................$ 19.20 0.00 TRUCK DRIVER: Off Road Truck.....$ 16.38 0.00 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information

  • on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. 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 a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 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. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007

  • in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- 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. 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 "

  • "General Decision Number: KS20210106 01/01/2021 Superseded General Decision Number: KS20200106 State: Kansas Construction Type: Highway County: Neosho County in Kansas. HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/01/2021 ENGI0101-002 04/01/2018 Rates Fringes POWER EQUIPMENT OPERATOR (Drill Rig Caissons).............$ 36.22 17.99 ---------------------------------------------------------------- * IRON0010-007 04/01/2020 Rates Fringes

  • IRONWORKER, STRUCTURAL...........$ 34.00 31.24 ---------------------------------------------------------------- SUKS2019-045 05/09/2019 Rates Fringes CARPENTER........................$ 14.94 0.00 CEMENT MASON/CONCRETE FINISHER...$ 16.24 0.00 ELECTRICIAN......................$ 26.72 4.22 FORM WORKER......................$ 15.33 1.20 IRONWORKER, REINFORCING..........$ 14.09 0.00 LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor......................$ 14.38 0.00 LABORER: Common or General......$ 13.75 0.00 LABORER: Flagger................$ 12.14 0.00 OPERATOR: Asphalt Plant.........$ 14.81 0.00 OPERATOR: Backhoe/Excavator/Trackhoe.......$ 18.77 2.19 OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 16.90 0.00 OPERATOR: Broom/Sweeper.........$ 13.64 0.00 OPERATOR: Bulldozer.............$ 17.17 2.37 OPERATOR: Concrete Finishing Machine..........................$ 21.11 0.00 OPERATOR: Concrete Saw..........$ 16.71 0.00 OPERATOR: Crane.................$ 20.22 7.66 OPERATOR: Distributor...........$ 15.19 0.00 OPERATOR: Grader/Blade..........$ 17.89 1.67 OPERATOR: Loader................$ 15.75 0.00 OPERATOR: Material Transfer Vehicle..........................$ 13.92 0.00 OPERATOR: Mechanic..............$ 20.51 0.00

  • OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 16.03 0.00 OPERATOR: Roller................$ 14.17 0.00 OPERATOR: Scraper...............$ 15.68 0.00 OPERATOR: Screed................$ 15.56 0.00 OPERATOR: Tractor...............$ 16.24 0.00 OPERATOR: Roto Mill Groundman....$ 15.35 0.00 OPERATOR: Roto Mill..............$ 17.80 0.00 OPERATOR: Striping Machine.......$ 19.93 4.49 SERVICEMAN: EQUIPMENT............$ 16.33 1.74 TRAFFIC CONTROL: Service Driver...........................$ 14.55 0.00 TRUCK DRIVER: Pickup Truck......$ 16.19 0.00 TRUCK DRIVER: Water Truck.......$ 17.07 0.00 TRUCK DRIVER: Dump and Tandem....$ 15.79 0.00 TRUCK DRIVER: Flatbed and Lowboy...........................$ 19.20 0.00 TRUCK DRIVER: Off Road Truck.....$ 16.38 0.00 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information

  • on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. 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 a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 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. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007

  • in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- 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. 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 "

  • 12-17-20 Sheet 1 of 2

    REQUIRED CONTRACT PROVISION

    FEDERAL-AID CONTRACTS

    PROHIBITION ON COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES

    PURSUANT TO SECTION 889 OF THE NATIONAL DEFENSE AUTHORIZATION ACT (2019)

    As of August 13, 2020, recipients and subrecipients of federal aid funds are prohibited from obligating or expending loan or grant funds to procure or obtain; extend or renew a contract to procure or obtain; or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use Covered Telecommunications Equipment or Services as a substantial or essential component of any system, or as critical technology as part of any system. See Section 889 of Public Law 115-232 (National Defense Authorization Act 2019)(NDAA). In addition to preventing direct purchases of such Covered Telecommunications Equipment or Services, federal law prevents KDOT, LPA’s, and their Contractors from using federal aid funds to pay for Covered Telecommunications Equipment or Services that the Contractor may use on a Project. Costs for such Covered Telecommunications Equipment or Services are unallowable under 2 CFR 200.216 and 2 CFR 200.471.

    The term ‘‘Covered Telecommunications Equipment or Services’’ means any of the following:

    • Telecommunications equipment produced by and/or telecommunications services provided by Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

    • Video surveillance equipment produced by and/or video surveillance services provided by Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

    • Telecommunications and/or video surveillance services provided by third parties that are using equipment produced by Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities) in performing such services.

    • Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country [defined under 889(f)(2) as “the People’s Republic of China”].

    As a Contractor on a federal-aid construction contract with the Secretary of Transportation, as the principal contracting party for the State of Kansas or as the agent for a disclosed Local Public Authority (LPA), the Contractor shall not be required to provide to KDOT or the LPA Covered Telecommunications Equipment or Services in the performance of any contract, subcontract, supply contract, or other contractual instrument resulting from or associated with this Project. The Contractor will notify KDOT if the Contractor believes the Project scope requires the acquisition of any Covered Telecommunications Equipment or Services.

    Current federal law does not prohibit the Contractor from using Covered Telecommunications Equipment or Services on the Project; however, the costs of Covered Telecommunications Equipment or Services are federal-aid non-participating. Thus, the Contractor shall notify KDOT or the LPA if the Contractor and/or any of its subcontractors or suppliers at any tier are using Covered Telecommunications Equipment or Services on the Project. This notice is necessary so KDOT can reimburse the Contractor with state funds, local funds, or a combination thereof rather than with federal-aid funds.

  • 12-17-20 Sheet 2 of 2

    The Contractor will ensure that this Required Contract Provision is included in all subcontracts, supply agreements, and other contractual instruments resulting from or associated with this Project, so the prohibition is made binding on all subcontractors and suppliers at any tier. For purposes of this Required Contract Provision, the term subcontractors and suppliers shall have the broadest application to include manufacturers, producers, and all other entities that have a contractual instrument resulting from or associated with this Project.

    12-17-20 C&M (CDB) Jan 2021 – Letting; retroactive on earlier Federal Aid Projects with payments

  • 15-PS0054 Sheet 1 of 2

    KANSAS DEPARTMENT OF TRANSPORTATION SPECIAL PROVISION TO THE

    STANDARD SPECIFICATIONS, EDITION 2015

    SECTION 602

    HOT MIX ASPHALT (HMA) CONSTRUCTION Asphalt Treated Base (ATB)-Alternate

    Page 600-2, subsection 602.1. Add the following to the Description: Only use the item Asphalt Treated Base when bid as an alternate to Cement Treated Base. Page 600-2, subsection 602.1. Add the following bid item: BID ITEMS UNITS Asphalt Treated Base Square Yard Page 600-6, add the following to the end of subsection 602.3e.:

    Design and construct the Asphalt Treated Base (ATB) to the same standards as a HMA Base (SR-19A) (PG 64-22). The asphalt mix listed in TABLE 1 has the following project mix requirements. [Reference TABLE 602-1: COMBINED AGGREGATE REQUIREMENTS].

    TABLE 1: PROJECT MIX REQUIREMENTS MIX CRITERIA SR-19A(PG64-22)

    AGGREGATE: Coarse Angularity (min. %) 50 Uncompacted Voids-Fine (min. %) 42 Sand Equivalent (min. %) 40 RAP (max. %) 25

    COMPACTION REVOLUTIONS: Nini(level of compaction) 7 (

  • 15-PS0054 Sheet 2 of 2

    Page 600-32, add the following subsection 602.11g.: g. Asphalt Treated Base. The Engineer will measure "Asphalt Treated Base" by the square yard of the measured in-place material. All lifts, except the surface course, will be measured by the Contractor and verified by the Engineer. The Engineer will measure the surface course. Unless the Engineer authorizes in writing to increase the area of Asphalt Treated Base, the Engineer will use dimensions shown in the Contract Documents and as measured in the field to calculate the final pay quantity. If the Engineer authorizes in writing to increase the area of Asphalt Treated Base, the additional area will be measured and paid for as "Asphalt Treated Base". The length will be measured horizontally along the centerline of each roadway or ramp.

    Payment for "Asphalt Treated Base " at the contract unit prices is full compensation for the specified work. The Contractor will receive no additional compensation for overlaying or for removing and replacing areas of deficient thickness. Exploratory cores will not be measured for payment. Subsection 602.9d. will apply to Asphalt Treated Base. Asphalt Treated Base is not eligible for thickness, area or smoothness adjustments. 10-22-15 C&M (BTH)

  • 15-PS0178 Sheet 1 of 1

    169-106 KA-3255-01 KANSAS DEPARTMENT OF TRANSPORTATION

    SPECIAL PROVISION TO THE STANDARD SPECIFICATIONS, 2015 EDITION

    Delete SECTION 308 and replace with the following:

    SECTION 308

    GEOSYNTHETIC REINFORCED BASE 308.1 DESCRIPTION Place geosynthetic reinforcement for the base at the locations designated in the Contract Documents. BID ITEM UNITS Geosynthetic Reinforcement (for Base) Square Yard 308.2 MATERIALS Provide Mirafi® H2Ri geosynthetic for base course reinforcement. The Engineer will accept the geosynthetic based upon receipt and approval of a Type D Certification that complies with SECTION 2600 and visual inspection for condition at the point of usage. 308.3 CONSTRUCTION REQUIREMENTS Provide the Project Engineer with a copy of the manufacturer’s recommendations for storage, handling and placement of the geosynthetic.

    Store and handle the geosynthetic according to the manufacturer's recommendations. Do not expose the geosynthetic to direct sunlight, ultraviolet rays, and temperatures greater than 140°F, mud, dirt, dust, and debris. Place the geosynthetic on the prepared surface to the limits shown in the Contract Documents and in accordance with the manufacturer’s recommendations. Orient the machine direction axis of the geosynthetic perpendicular to the centerline of the roadway. Overlap or adhere parallel strips or roll ends as recommended by the manufacturer.

    Provide a manufacturer’s technical representative on the project during initial placement of the geosynthetic and as needed during construction of the geosynthetic reinforced base at no additional cost to KDOT. The representative must spend sufficient time with both the Contractor and the Engineer so they are familiar with the proper construction procedures. Limit placement of geosynthetic to that which can be covered with base material within 72 hours. Remove and replace, at the Contractor’s expense, geotextile not covered with base material within 72 hours. Do not allow construction traffic directly on the geosynthetic. 308.4 MEASUREMENT AND PAYMENT The Engineer will measure the geosynthetic reinforcement by the square yard to the neat lines shown in the Contract Documents. Payment for "Geosynthetic Reinforcement (for Base)" at the contract unit price is full compensation for the specified work. 01-07-2020 BSGS (LM)

  • 15-WS0154-R3 169-106 KA 3255-01

    Sheet 1 of 4

    KANSAS DEPARTMENT OF TRANSPORTATION SPECIAL PROVISION TO THE

    STANDARD SPECIFICATIONS, 2015 EDITION WORK SCHEDULE; CONSECTIVE CALENDAR DAYS; CALENDAR COMPLETION DATES; DISINCENTIVE ASSESSMENTS; LIQUIDATED DAMAGES; INCENTIVE AWARD; CLEANUP TIME I. PROJECT DEFINED; NATURE OF PROJECT The primary operation on Project 169-106 KA 3255-01 is pavement replacement on US-169 from 5.4 miles north of Thayer to 1.65 miles north of the Neosho/Allen County line. The improvements include grading, PCCP paving, PCCP patching, bridge repairs, guardrail, seeding, lighting, signing, and pavement marking. II. NOTICE TO PROCEED The Engineer will issue the notice to proceed after the contract has been executed but not earlier than March 1, 2021. The Contractor cannot start the work until the Project’s pre-construction and stormwater erosion control conferences have been held and the Area Engineer has approved the contractor’s SWPPP. III. TRAFFIC REQUIREMENTS

    A. The plans designate two detour routes to carry traffic around construction. 1. The south detour route directs traffic around the project via K-47, US-75, and K-39. This

    detour is designated for use during phases 1A & 1B. 2. The north detour route directs traffic around the project via US-54, US-75, and K-39.

    This route shall be used during phase 2. Only one detour shall be in use at any given time. Phases 1A &1B cannot be worked on concurrently. Phase 1 work shall be done before any phase 2 work.

    B. The PCCP patching in the 4-lane section (Station 420+50 to Station 537+13.33) is designated as

    part of phase 1A. However, the work can be pursued during any phase of the project. If pursued during phase 1A, this section can be closed to traffic. If pursued during any other phase, traffic must be carried through the work zone.

    IV. CONSECTIVE CALENDER DAY LIMITATION FOR COMPLETION OF PHASE 1A;

    DISINCENTIVE ASSESSMENT

    A. Phase 1A work includes reconstruction of US-169 from Station 370+00 to Station 420+50 (Phase 1A US-169 reconstruction) and 35th Street interchange Ramps C & D (Ramps C&D) and pavement patching on the 4-lane section of US-169 from Station 420-+50 to Station 537+13.33). To accommodate access to the city of Chanute’s industrial park, Phase 1A US-169 reconstruction and Ramps C&D shall be reconstructed and opened to unrestricted traffic prior to closing US-169 south of 35th Street.

  • 15-WS0154-R3 169-106 KA 3255-01

    Sheet 2 of 4

    B. Consecutive Calendar Period. The Contractor is required to complete Phase 1A US-169

    reconstruction and Ramps C&D work and open US-169 from Station 370+00 to Station 420+50 and Ramps C & D to unrestricted traffic within 125 consecutive calendar days. The 125- consecutive calendar day period starts on the day the Contractor closes US-169 or either 35th Street Interchange Ramp C or D to traffic.

    C. Disincentive Assessment. If the Contractor fails to complete Phase 1A US-169 reconstruction and

    Ramps C&D work and open US-169 from Station 370+00 to Station 420+50 and Ramps C & D to unrestricted traffic within the 125-consecutive calendar day period, the Contractor shall be liable for a disincentive assessment. The disincentive assessment charged and owing will be three thousand dollars ($3,000.00) for each day, or part thereof that the Phase 1A work just specified remains incomplete and US-169 from Station 370+00 to Station 420+50 and Ramps C & D, or any portion thereof, are not open to unrestricted to traffic after the 125-consecutive calendar day period expires.

    D. The disincentive assessment charged in Section IV.C. is in addition to the damages that may be

    charged under Sections V, VI, and VII.

    V. CONSECUTIVE CALENDER DAY LIMITATIONS FOR COMPLETION OF PHASES 2A & 2B; INCENTIVE AWARD; DISINCENTIVE ASSESSMENT

    A. Phase 2 work includes reconstruction of US-169 from Station 537+13 to Station 185+00, Plumber

    Avenue Interchange and 1150th Rd Interchange. Phases 2A&2B may be constructed concurrently.

    B. Consecutive Calendar Period. The Contractor is required to complete Phase 2A & 2B and open US-169, Plumber Avenue Interchange and 1150th Road Interchange to unrestricted traffic within 180 consecutive calendar days. The 180-consecutive calendar day period starts on the day the Contractor closes US-169, Plumber Avenue Interchange or 1150th Road Interchange to traffic.

    C. Incentive Award. If the Contractor completes all work in Phase 2A & 2B necessary to open the project to unrestricted traffic on or before 180 consecutive calendar days, the Contractor is eligible for an incentive award. The incentive paid to the Contractor shall be fifteen thousand dollars ($15,000.00) per day for each calendar day, or part thereof that Phase 2A & 2B of the project is open to unrestricted traffic before 180 consecutive calendar days. The maximum incentive assessment under this provision is limited to thirty (30) days for a maximum incentive of four hundred fifty thousand dollars ($450,000.00).

    D. Disincentive Assessment. If the Contractor fails to complete all work necessary to open Phase

    2A & 2B of the project to unrestricted traffic on or before 180 consecutive calendar days, the Contractor shall be liable for a disincentive assessment. The disincentive assessment charged, and owing shall be fifteen thousand dollars ($15,000.00) per day for each calendar day, or part thereof, the specified work remains incomplete and unable to carry unrestricted traffic after 180 consecutive calendar days.

    E. The disincentive assessment charged in Section V.D. is in addition to the damages that may be

    charged under Sections IV, VI, and VII.

  • 15-WS0154-R3 169-106 KA 3255-01

    Sheet 3 of 4

    VI. CALENDAR COMPLETION DATE OF NOVEMBER 18, 2022 FOR COMPLETION OF

    ALL WORK NECESSARY TO OPEN THE PROJECT TO UNRESTRICTED TRAFFIC; LIQUIDATED DAMAGES.

    A. On or before NOVEMBER 18, 2022, the Contractor shall complete all work necessary to open

    the project to unrestricted traffic as the Contract Documents require. B. Liquidated Damages. If the Contractor fails to complete all work necessary to open the project to

    unrestricted traffic on or before NOVEMBER 18, 2022, the Contractor shall be liable for liquidated damages. Excluding Sundays and legal Holidays, the liquidated damages charged and owing shall be six thousand dollars ($6,000.00) per day for each calendar day, or part thereof that the Project is not open to unrestricted traffic after NOVEMBER 18, 2022.

    C. The Engineer may charge damages under Sections VI.B and VII.B for failure to complete the work

    timely as required; however, if damages are assessed on the same day, the Engineer will not withhold more than $6,000.00 on that day.

    VII. CALENDAR COMPLETION DATE OF DECEMBER 21, 2022 FOR COMPLETION OF ALL WORK INCLUDING CLEANUP; LIQUIDATED DAMAGES; DISINCENTIVE ASSESSMENT.

    A. Standard Specifications subsection 108.4c does not apply to this Contract. Instead, the Contractor

    shall complete all remaining, unfinished contract pay items, subsidiary items, incidental work, final clean up and final punch list, on or before DECEMBER 21, 2022.

    B. Liquidated Damages. If all remaining, unfinished contract pay items and all subsidiary items,

    incidental work, final clean up and final punch list are not competed on or before DECEMBER 21, 2022, the Contractor shall be liable for liquidated damages. Excluding Sundays and legal Holidays, the liquidated damages charged, and owing shall be three thousand dollars ($3,000.00) per day for each calendar day, or part thereof, the specified work remains incomplete after DECEMBER 21, 2022.

    C. The Engineer may charge damages under Sections VI.B, and VII.B. for failure to complete the

    work timely as required; however, if damages are assessed on the same day, the Engineer will not withhold more than $6,000.00 on that day.

    D. Disincentive Assessment when Project is not open to Unrestricted Traffic. If at any time after

    NOVEMBER 18, 2022, the Contractor obstructs the unrestricted traffic flow in order to perform any work, the Contractor shall be liable for a disincentive assessment under Section VI.C. The disincentive assessment charged and owing shall be fifteen thousand dollars ($6,000) per day for each calendar day, or part thereof that the Project is not open to unrestricted traffic after NOVEMBER 18, 2022.

    08/31/2020 D4 (JM); 11/16/2020 C&M (SKE); 1/07/2021 C&M(SH)

  • 15-EV0038 Sheet 1of 3

    169-106 KA-3255-01KANSAS DEPARTMENT OF TRANSPORTATION

    SPECIAL PROVISION TO THE STANDARD SPECIFICATIONS, EDITION 2015

    SPECIAL CONDITIONS – ENVIRONMENTAL

    1.0 DESCRIPTION To minimize impacts to the Flat Floater Mussel (Anodonta suborbiculata), follow the special conditions to

    complete the necessary bridge pier scour repair work within the Neosho River-Dickerson and Krone Oxbow (Br. No. 169-1-1.10 (046) Sta. 151+46.67, 42 feet Right. Construction Layout US-169 Over Neosho Overflow Proj. 169-106 KA-3255-01).

    Hire a Kansas Department of Wildlife, Parks and Tourism (KDWPT) approved consultant to complete the mussel survey/relocation.

    2.0 APPROVED CONSULTANTS The following list is being provided only as a courtesy to perspective project bidders. KDOT does not

    endorse or give any preferential treatment to any of the following consultants on the list and consultants not on this list are acceptable if they have appropriate expertise in mussel sampling. Other KDWPT consultants approved for mussel surveys/relocation are acceptable. Obtain the Engineer’s approval before performing work if not using one of the following consultants.

    EcoAnalysts, Inc. 1417 Hoff Industrial Drive O'Fallon, MO 63366 Contact Person: Heidi Dunn [email protected] Phone: (636)-281-1982

    SCS Engineers 11120 E 26th St. N, Suite 1100 Wichita, KS 67226 Contact Person: Vaugh Weaver [email protected] Phone: (316)-494-7518

    The Watershed Institute, Inc. and Watershed Land Trust, Inc. 1200 SW Executive Dr. Topeka, KS 66615 Contact Person: Brock Emmert [email protected] Phone: (785)-213-3515

    Freshwater Mollusk Conservation Society, https://molluskconservation.org/

    3.0 CONSTRUCTION REQUIREMENTS The approved consultant shall apply and obtain a collection permit for mussel survey from KDWPT.

    http://ksoutdoors.com/Services/Education-Exhibition-Collection-and-Salvage-Permits Notify KDWPT at least 7 days prior to the mussel sampling Survey project area (including a 10-meter buffer of the project area up-stream and down-stream) for mussel

    habitat and individualso Survey time includes a minimum of one person-hour of effort. If no mussels are found in the first

    hour of effort, stop surveying. If mussels are found continue surveying for individuals. After 15minutes of no mussel observation, stop surveying.

    Relocate mussels upstream of the project area in an area that represents mussel habitat.

  • 15-EV0038 Sheet 2of3

    169-106 KA-3255-01 Perform translocation of mussel species no more than 2 months prior to construction. If the Neosho River

    at USGS Gage 07183000 (Neosho R NR at Iola) reaches flood state (15 feet) within that 2 months,complete the mussel survey again, as large floods are known to dislodge mussels from the substrate andtransport them downstream.

    4.0 HABITAT OPTIONS FOR TRANSLOCATION OF MUSSEL SPECIES The current KDOT Right of Way at the repair location extends 80 -120 feet upstream of the bridge. This

    area has a water depth of 1-3 feet and substate areas of muddy silt. Mussel specimens can be relocated to this area if they are placed in a similar habitat as they were removed from. Please use the attached map for reference to translocation area. If there are any questions, please contact Chris Eichman in KDOT Environmental Services (785)-296-3726.

    5.0 MEASUREMENT AND PAYMENT The initial permit application and mussel survey are subsidiary to the contract. If mussel relocation or additional surveys are required, they will be paid for as Extra Work, SECTION

    104.

    06-24-2020 (ES) (CLE)

  • KDOT Right of Way Line

    Sheet Pile Dam

    Scour Repair Area

    Proposed Flat FloaterMussel Habitat Area

    The existing area within the KDOT right-of-wayupstream of the sheet pile dam can be used asa mussel relocation area as long as themussels are placed in areas that contain siltymuddy substrate.

  • 9801 Renner Boulevard

    Lenexa, KS 66219

    MEETING NOTES Project name: US-169 Neosho and Allen Counties

    KDOT Project number: 169-106 KA-3255-01

    GBA Project number: 12985

    Date: January 6, 2021

    Time: 1:30 p.m.

    Meeting location: Virtual Meeting – Microsoft Teams

    Recorded by: Brett Wood

    Attendees: KDOT District, KDOT Construction, KDOT Design, GBA, Emery Sapp &

    Sons, Cornejo & Sons, Koss Construction Company, Duit Construction Co.

    KDOT called the meeting to discuss changes in construction sequencing for the project and field questions from the contractors regarding those changes. KDOT began the meeting by noting that there would now be a 180-calendar day limit to construct Sequences 2A and 2B. This change was required in an agreement with Monarch Cement Company in Humboldt. Monarch has noted that they need access to Chanute. Monarch, in collaboration with Neosho County, will need to shore up a bridge on Plummer Avenue to carry their trucks until they have access to US-169. Due to pavement condition, Sequence 1 has been prioritized and must be completed before Sequence 2 work can begin. KDOT has put in incentive/disincentive clauses in the specifications for Phases 2A and 2B. The incentive is $15,000 / day, with a maximum of $450,000. The disincentive is $15,000 / day. The plans will be reissued after letting to point to the schedule in the special provisions, which will include the calendar day restrictions. Question: There is nothing currently in the plans requiring a winter shutdown. Is KDOT allowing work through the winter? Answer: Yes, there is no winter shutdown required. Q: Can Sequences 2A and 2B be worked on concurrently? A: Yes. KDOT will modify the wording to indicate this. Q: Can Sequences 1A and 1B be worked on concurrently? A: No. The intent is to keep one half of the 35th Street interchange open at all times for local traffic. That has not changed. Q: Will KDOT pay for storage of materials since this is a 2-year project? A: Follow the specifications.

  • Page 2 of 2

    Q: What is the last day to ask questions about the phasing? A: No later than the day before bid opening but asking sooner will make a timely response more likely. Q: What is the earliest start date? A: March 1 is the earliest Notice to Proceed. The contractor can start later than that, but the end date of Sequence 1 will be set, and before a Notice to Proceed can be issued the contractor will have to have an approved SWPPP. Q: Are all bid holders present? A: Yes.