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2026 Pavement Maintenance Overlay Special Provisions <br />PW# 3860 SP - 22 March 5, 2026 <br />1 <br />2 If the Contractor achieves the required Apprentice Utilization an incentive will be <br />3 assessed with Final Payment. <br />4 <br />5 Good Faith Efforts <br />6 The GFE shall document the attempts (efforts) the Contractor (and any subcontractor at <br />7 any tier) made to meet the Apprentice Utilization Requirement. Emails, letters, or other <br />8 written communications with letterhead, titles, and contact information are required. <br />9 <br />10 Documentation must include one or more of the following accepted GFEs: <br />11 <br />12 1. Demonstrated Lack of Availability of Apprentices. Correspondence from State- <br />13 approved Apprenticeship Training Program(s), with project specific responses <br />14 confirming there is a lack of availability of Apprentices for this project. <br />15 <br />16 2. Demonstrated Disproportionate Ratio of Material/Equipment/Products to Labor <br />17 Hours. Documentation explaining the bid includes a disproportionate high cost of <br />18 material/equipment/products to Labor Hours. (E.g., a $2 M estimated contract <br />19 includes $1 M or more in procurement costs of equipment to be installed.) <br />20 <br />21 3. Demonstrated Lack of Necessary Labor Hours. Correspondence from a State- <br />22 approved Apprentice Training Programs confirming there is not enough time in <br />23 the project to meet required journey level to apprentice training ratios. <br />24 <br />25 4. Demonstrated Lack of Available Approved Programs. Correspondence from <br />26 State-approved Apprentice Training Programs, confirming there are no programs <br />27 that train for the scopes included/anticipated on the project. Contractor and state <br />28 programs to submit training program detail needs and details that could be used <br />29 for future program creation. <br />30 <br />31 5. Funding Precedent. Documentation that shows conflicting, more restrictive, or <br />32 precedent requirements for other training on the Project. Examples include, but <br />33 are not limited to, Tribal Employment Rights (TERO), Federal Training Hours, or <br />34 Special Training that affect the ability to use state-registered apprentices. <br />35 <br />36 6. Warranty Work. Documentation from Original Equipment Manufacturers, or <br />37 similar, confirming that Work performed must only be completed by certified <br />38 journey-level installers or risk voiding warranty, or similar. <br />39 <br />40 7. Other Effort. The Contractor may submit other evidence, documentation, or <br />41 rationale for not being able to achieve the required Apprentice Utilization that are <br />42 not covered in the other efforts named. Other efforts will still need to be <br />43 corroborated by an independent, knowledgeable third-party. <br />44 <br />45 Contractors may receive a GFE credit for graduated Apprentice hours through the end of <br />46 the calendar year for all projects worked on as long as the Apprentice remains <br />47 continuously employed with the same Contractor/subcontractor they were working for <br />48 when they graduated. If an Apprentice graduates during employment on a project of <br />49 significant duration, they may be counted towards a GFE credit for up to one year after <br />50 their graduation or until the end of the project (whichever comes first). Determination of <br />51 whether Contract requirements were met in good faith will be made by subtracting the <br />52 hours from the journeyman total reported hours for the project and adding them to the