On Tuesday, January 31, MDOT published a special provision that prohibited the use of crushed concrete within 500 feet of any watercourse. MDOT added the Special Provision for Crushed Concrete Near Water to projects to be let this Friday, February 3, by addendum, and they plan to incorporate it into existing contracts by contract revision.
MDOT has indicated that the basis for this prohibition on the use of crushed concrete near water was the discovery of high pH effluent on a few projects where crushed concrete had been incorporated into the work. MDOT further indicated that this prohibition is a preemptive action to avoid exacerbation of a potential environmental concern pending their further investigation of this leachate issue.
In response to MITA’s concerns about this change in position on the use of crushed concrete in general, and more specifically, MITA’s concerns about the addition of a significant special provision that lacks specific clarity within days of the letting, MDOT has taken and agreed to the following actions for the projects in the February 3 letting:
1. MDOT has reviewed all of the projects in the letting and determined that the special provision will impact roughly 10 projects.
2. MDOT will delay the letting of those 10 projects to a special letting already planned for Wednesday, February 8.
3. For each of the 10 delayed projects, MDOT will identify the area(s) within 500 feet of a watercourse where crushed concrete potentially could be used, and they will establish an estimated informational quantity of natural aggregate required for those areas. It should be noted that crushed concrete can be used in accordance with the applicable specifications outside the area(s) identified by MDOT to be within 500 feet of any watercourse.
4. MDOT will issue an addendum for each of the delayed projects providing the location(s) of the impacted area(s) and an estimated informational quantity of natural aggregate required for the project.
5. MDOT will issue an addendum retracting the special provision from the projects not impacted.
MITA will stay aggressively involved with MDOT in pursuing a reasonable resolution for the concerns associated with the use of crushed concrete near watercourses. Stay tuned to future bulletins for updates on this important matter.
If you have any questions or comments, please contact Glenn Bukoski or Doug Needham by email or at the MITA office at 517-347-8336.
