Author: Dan Osborn

IRI Training Opportunity

Posted on by Dan Osborn
Source: Indiana Department of Transportation Construction Management

INDOT has fully implemented IRI for measuring highway smoothness on all QC/QA HMA & PCCP contracts. The 2023 construction season will be our first with full implementation of IRI utilizing high speed inertial profilers. The following RSP’s are now included in contracts when smoothness measurement is required: RSP 401-R-577 for HMA and RSP 501-R-752 for PCCP.

Recognizing that this is an emerging technology, INDOT will be offering an “Advanced IRI Pavement Smoothness for Construction” training course for contractors. This advanced training will be delivered by Brian Schleppi and Steve Karamihas. Schleppi is retired from the Ohio Department of Transportation and has decades of technical and field-based experience working with both DOT and contractor personnel on IRI equipment and software. Karamihas is a research area specialist at the University of Michigan Transportation Institute and has been involved in the research and development of IRI technology for decades and brings a wealth of knowledge and experience from his work in multiple states.

This “Advanced IRI Pavement Smoothness for Construction” course will cover the effective use of ProVAL by reviewing the following concepts: overall smoothness and payment utilizing the Ride Quality Module, areas of localized roughness utilizing the SAM Module, verifying equipment utilizing the Certification Module, verifying corrective work ahead of time utilizing the Grinding Simulation Module, and much much more.

This training course will be a single day event offered on two separate dates: May 24 and May 25 at INDOT’s Traffic Management Center (TMC) on the east side of Indianapolis. Training will be from 9:00 a.m. to 4:00 p.m. on both days. Cost for the training will be $180 per attendee. To register and make payment for this Advanced IRI training event, please contact our training vendor: Brian Schleppi at (614) 270-7001 or indottraining@vihsc.com.

INDOT and the training vendor require registration and payment be completed by May 11th. This Advanced IRI training requires each operator attending the course to bring a laptop computer and have the latest version of the ProVal software downloaded and installed.

This training is not mandatory and is not required as part of the requirements found in ITM 917 Section 7.1 in order to attend INDOT’s Annual IRI Certification day. All contractor personnel planning to attend this Advanced IRI training event should have already attended one of the mandatory training methods listed in ITM 917 Section 7.1 in order to have a baseline working knowledge of IRI concepts and IRI software use. However, for contractor operators that are re-certifying, this training course will count towards the ITM 917 Section 7.1 Triennial operator training requirement.

Stormwater Master General Permit in Final Stages

Posted on by Dan Osborn

The Indiana Department of Environmental Management (IDEM) is in the late stages of a process transitioning from a permit by rule to a Master General Permit (MGP) for the three stormwater programs currently administered through Indiana Administrative Code (Rules). The three programs effected are Construction Stormwater (“Rule 5”) (327 IAC 15-5), Municipal Separate Storm Sewer Systems (“MS4s”) (327 IAC 15-13), and Industrial Stormwater (327 IAC 15-6). The change was spurred in 2016 via urging of the United States Environmental Protection Agency (US EPA).

IDEM developed draft language and engaged an advisory group in 2017. The advisory group, including representation from ICI, ACEC, INDOT and several other local and statewide stakeholder groups, met with IDEM leadership in multiple sessions throughout 2017 and 2018 to review and discuss draft language, current practices, and improvements. Brian Wolff, IDEM surface water and operations branch chief recently sent a notice to advisory group members thanking them for their participation.

“The draft language presented to the advisory group was vastly different from the output representing compromises for stakeholders and significant collaboration,” said Wolff, when asked about successes of this effort.

As an advisory member, ICI’s Director of Government Relations Dan Osborn appreciated IDEMs openness and active listening to considering stakeholder input throughout the process.

After finalizing the language in 2018, IDEM submitted the document to US Environmental Protection Agency (EPA) for review. After two years of review, public comment sessions, and revisions, IDEM received a notice of “non-objection” from the EPA. Wolff explained that the permits have been submitted to the Indiana Governor’s office for signature consideration. After 15 days, the permit will be submitted to the Indiana Secretary of State’s office for further processing. The permits become effective after a 30-day wait period post publishing of the final language. Wolff noted that owners or permittees of current permits will need to file for an “amendment-continue of coverage” under the new MGP within 90 days of the MGP effective date. IDEM cannot continue coverage under 327 IAC 15-5 for projects that will continue to operate once 327 IAC 15-5 is repealed.

IDEM has posted a copy of the MGPs and associated public comments/questions and has scheduled two public information sessions. Please see information and links below.

The information session on the Construction Stormwater General Permit will take place on November 16th at 10:00 AM
Zoom Link : https://zoom.us/j/94985414355?pwd=ak9kRXlHakZBOGtRdldkVHRPU1Q0Zz09&from=addon
Telephone: 301-715-8592 or 312-626-6799 or 646-876-9923 or 346-248-7799 or 408-638-0968 or 669-900-6833 or 253-215-8782
Meeting ID: 949 8541 4355
Passcode: 841374
Question Form: https://forms.office.com/g/1rXLXQyX8v

The information session for the MS4 General permit will take place on November 30th at 10:00 AM
Zoom link: https://zoom.us/j/92346799028?pwd=bWR1YksveGgvckZJVmFlNm1SdExTZz09&from=addon
Telephone: 312-626-6799 or 646-876-9923 or 301-715-8592 or 253-215-8782 or 346-248-7799 or 408-638-0968 or 669-900-6833
Meeting ID: 923 4679 9028
Passcode: 710924
Question form: https://forms.office.com/g/GAS7dWxbBB

ICI Successful in Preserving Critical Sales Tax Exemption

Posted on by Dan Osborn

Construction safety equipment and materials purchase transactions remain tax exempt with the passage of the 2021 Senate Enrolled Act (SEA) 383 which became effective on July 1. ICI worked with Indiana Department of Revenue (DOR) leadership during 2020 which laid the ground work for an opportunity to propose an amendment to Indiana Code during the 2021 Indiana legislative session. SEA 383 created a statutory exemption (IN Code 6-2.5-5-55) for Indiana state sales tax for purchases of safety related equipment and materials purchased for public works construction contracts.

Previously, exemption language was solely published in the DOR’s Information Bulletin #60 up until 2017. The DOR published a revised IB #60 on July 28, 2021. The exemption applies to purchases of equipment such as barrels, barricades, temporary signs, temporary erosion control and drainage materials, but does not apply to purchases of personal protective equipment such as gloves, face masks and high visibility clothing.

Please contact Dan Osborn with general questions about this topic. Consult with a ICI member tax or legal professional for technical assistance and advice.

USDOT Requests Comments About DBE Good Faith Efforts

Posted on by Dan Osborn

The USDOT recently published a request for comments concerning the costs of documenting and submitting Disadvantaged Business Enterprise (DBE) Program Requirements.

Comments are requested about 17 DBE requirements, most of which are isolated to efforts of federal fund recipients. Recipients of federal funds examples include Departments of Transportation, transit entities and airports. Item number nine (9), Submitting Evidence of Having Made ‘‘Good Faith Efforts’’ To Secure DBE Participation in DOT-Assisted Contracts, requests comments from contractors in addition to recipients. Comments should include information and data concerning time and cost committed to documenting and submitting good faith effort documentation when requested.

Written comments should be submitted by August 16, 2021.

You may submit comments [identified by Docket No. DOT–OST– 2021–0072] through one of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: (202) 493–2251. • Mail or Hand Delivery: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Room W12– 140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except on Federal holidays.

FOR FURTHER INFORMATION CONTACT: Marc D. Pentino, (202) 366–6968, marc.pentino@dot.gov or Aarathi Haig, (202) 366–5990, aarathi.haig@dot.gov/ Departmental Office of Civil Rights, Office of the Secretary, U.S. Department of Transportation.

Work Site Speeding Points

Posted on by Dan Osborn

The Indiana Bureau of Motor Vehicles (BMV) has proposed a revised Traffic Violations Points Table. The proposal is contained in a proposed rule posted on April 28. The BMV has scheduled a public hearing for May 27.

The BMV’s proposal includes the following:

  1. ADDS section including points for excessive speed in a school zone.
  2. ADDS section including points for excessive speed in a work site.
  3. REVISES the current language associated with texting while driving to associate with the 2019 law change disallowing use of handheld devices while driving.

Proposed points for excessive speed ranges and associated points for school and work sites are: 1-15 mph 4 points, 16-25 mph 6 points, and over 25 mph 8 points. Accumulating 20 points will result in a one-month suspension. The state may already impose a 60-day license suspension under Indiana Code 9-21-5-11(f) and 9-30-13-9 after two or more violations within a work site within one year.

INDOT/DOR Working to Improve OSW Permitting

Posted on by Dan Osborn

Several ICI members recently communicated concerns to me about oversize/overweight (OSW) load permitting. Members stated that, as the newly instituted OSW permitting system works well for the majority of loads and routes, concerns remain including difficulty delivering equipment to project sites and unusual long and broken up routing. While members have worked diligently to communicate issues directly to the Indiana Department of Revenue (DOR) and INDOT, ICI’s Director of Government Affairs Dan Osborn followed up with agency contacts to emphasize industry concerns and determine what industry, the DOR and INDOT could do to avoid the issues.

INDOT Multimodal Director Kristen Brier responded to ICI. She explained that the new permitting system includes a more comprehensive evaluation process including “vehicle configuration, origin, and destination to automatically generate a safe route safe route, taking into account road restrictions and closures, vertical clearances for bridges, and bridge load rating.”

“We are working with our vendor to make the location of the failed bridges visible externally, to help applicants determine if a different origin or destination on the state system will avoid those bridges. Information about the road restrictions and closures can be displayed within the permitting system, and it remains available on the Indiana Truckers’ Info page. Bridge vertical clearance information remains available as well, through the online Bridge Clearance Map,” stated Brier.

Brier offered several agency contacts to assist permittees. Contact INDOT Freight Manager Leslie Morgan to disclose unsafe routes or difficulty with a permit involving accessing a project site.

If you need help using the new permitting system, contact DOR Motor Carrier Services Division OSW Supervisor James Vest or Morgan.

Contact Dan Osborn if you have feedback or recommendations about any aspect of OSW permitting.