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WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES
BETWEEN WELD COUNTY & SIMON CONTRACTORS
WCR 74/SH 392 INTERSECTION IMPROVEMENTS PROJECT
THIS AGREEMENT is made and entered into this 17th day of April, 2017 by and between the County of
Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners,
whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Simon
Contractors, who whose address is P.O. Box 209, Cheyenne, WY 82003, hereinafter referred to as "Contractor".
WHEREAS, the intersection of State Highway 392 and Weld County Road 74 is in need of improvement
as a result of substandard geometry and increased traffic, (hereinafter referred to as the "Project"), and
WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the
improvements of this intersection, and
WHEREAS, County requires an independent contract construction professional to perform the
construction services required by County and set forth in Exhibit A;
WHEREAS, Contractor is willing to perform and has the specific ability to perform the required
Construction Services at or below the cost set forth in Exhibit B;
WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill,
expertise, and experience necessary to provide the equipment, materials and services as set forth below;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties
hereto agree as follows:
1. Introduction.
The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B,
each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by
this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits
A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those
requirements.
Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B1700046. The RFB
contains all of the specific requirements of the County.
Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms
Contractor's obligations under this Agreement.
2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for
the Project and agrees to diligently provide all services, labor, personnel and materials necessary to
perform and complete the Project described in Exhibit A which is attached hereto and incorporated herein
by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other
designated supervisory personnel, (the "Manager"), to perform the services described on attached
Exhibits A and B. Contractor shall faithfully perform the work in accordance with the standards of
professional care, skill, training, diligence and judgment provided by highly competent Contractors
performing construction services of a similar nature to those described in this Agreement. Contractor shall
further be responsible for the timely completion, and acknowledges that a failure to comply with the
standards and requirements of Exhibits A and B within the time limits prescribed by County may result in
County's decision to withhold payment or to terminate this Agreement. In its sole discretion, the County,
by the Director of the Department of Public Works or his or her designee, may extend the time for the
Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not
increase the compensation to be paid to the Contractor nor change any other term herein.
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3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County,
and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A
and B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado
require funding to be approved on an annual basis.
4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days
written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material
breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor
the right to provide materials (or services) under this Agreement beyond the time when such materials (or
services) become unsatisfactory to the County.
If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation
shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which
have been approved by the County; (2) the reasonable value to County of the materials which Contractor
provided prior to the date of the termination notice, but which had not yet been approved for payment; and
(3) the cost of any work which the County approves in writing which it determines is needed to accomplish
an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to
this Agreement upon termination.
Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by
County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to
County all drawings, drafts or other documents it has completed or partially completed under this
Agreement, together with all other items, materials and documents which have been paid for by County,
and these items, materials and documents shall be the property of County. Copies of work product
incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE."
Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever
against the County by reason of such termination or by reason of any act incidental thereto, except for
compensation for work satisfactorily performed and/or materials described herein properly delivered.
5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing
signed by both parties. No additional services or work performed by Contractor shall be the basis for
additional compensation unless and until Contractor has obtained written authorization and
acknowledgement by County for such additional services. Accordingly, no claim that the County has been
unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment,
shall be the basis of any increase in the compensation payable hereunder.
6. Compensation/Contract Amount. Upon Contractor's successful completion of the construction of
the Project, and County's acceptance of the same, County agrees to pay an amount no greater than
$6,230.559.42 which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of
that amount will be made by County unless a "change order" authorizing such additional payment has
been specifically approved by the Director of Weld County Public Works, or by formal resolution of the
Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other
provision of this Agreement notwithstanding, in no event shall County be liable for payment for services
rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in
excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it
performs beyond that specifically authorized by County is performed at Contractor's risk and without
authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or
penalties of any nature other than the compensation stated herein.
County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to
be solely responsible for the accurate reporting and payment of any taxes related to payments made
pursuant to the terms of this Agreement.
Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations
under this Agreement after, nor shall any payments be made to Contractor in respect of any period after
December 31 of any year, without an appropriation therefore by County in accordance with a budget
adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado
Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR
Amendment (Colorado Constitution, Article X, Sec. 20)
7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's
officers, agents or employees will not become employees of County, nor entitled to any employee benefits
from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder
as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents
and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents
are not entitled to unemployment insurance or workers' compensation benefits through County and
County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or
employees. Contractor shall pay when due all applicable employment taxes and income taxes and local
head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization,
express or implied, to bind County to any agreement, liability or understanding, except as expressly set
forth in this Agreement.
8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon
the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor
agreements for the completion of this Project without County's prior written consent, which may be
withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all
personnel assigned to the subject Project during the performance of this Agreement and no personnel to
whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor
shall require each subcontractor, as approved by County and to the extent of the Services to be performed
by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward
Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward
County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement
against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The
Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors.
9. Ownership. All work and information obtained by Contractor under this Agreement or individual work
order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans,
drawings, records and computer files generated by Contractor in relation to this Agreement and all reports,
test results and all other tangible materials obtained and/or produced in connection with the performance
of this Agreement, whether or not such materials are in completed form, shall at all times be considered
the property of the County. Contractor shall not make use of such material for purposes other than in
connection with this Agreement without prior written approval of County.
10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the
main bid submittal, clearly denoting in red on the financial information at the top the word,
"CONFIDENTIAL? However, Contractor is advised that as a public entity, Weld County must comply with
the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the
confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential
information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information
to any other person or entity without seeking written permission from the County. Contractor agrees to
advise its employees, agents, and consultants, of the confidential and proprietary nature of this
confidential information and of the restrictions imposed by this agreement.
11. Warranty. Contractor warrants that construction services performed under this Agreement will be
performed in a manner consistent with the professional construction standards governing such services
and the provisions of this Agreement. Contractor further represents and warrants that all construction
services shall be performed by qualified personnel in a professional and workmanlike manner, consistent
with industry standards, and that all construction services will conform to applicable specifications.
In addition to the foregoing warranties, Contractor is aware that all work performed on this Project
pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct
any failures or deficiencies caused by contractor's workmanship or performance. This warranty shall
commence on the date of County's final inspection and acceptance of the Project.
12. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County
originals of all test results, reports, etc., generated during completion of this work. Acceptance by County
of reports, incidental material(s), and structures furnished under this Agreement shall not in any way
relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no
event shall any action by County hereunder constitute or be construed to be a waiver by County of any
breach of this Agreement or default which may then exist on the part of Contractor, and County's action or
inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy
available to County with respect to such breach or default. No assent, expressed or implied, to any breach
of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be
a waiver of any other breach. Acceptance by the County of, or payment for, the construction completed
under this Agreement shall not be construed as a waiver of any of the Countys rights under this
Agreement or under the law generally.
13. Insurance and Indemnification.
General Requirements: Contractors/Contract Professionals must secure, at or before the time of
execution of any agreement or commencement of any work, the following insurance covering all
operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall
keep the required insurance coverage in force at all times during the term of the Agreement, or any
extension thereof, and during any warranty period. The required insurance shall be underwritten by an
insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each
policy shall contain a valid provision or endorsement stating "Should any of the above -described policies
by canceled or should any coverage be reduced before the expiration date thereof, the issuing company
shall send written notice to the Weld County Director of General Services by certified mail, return receipt
requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless
due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in
excess of a deductible or self -insured retention, County must be notified by the Contractor/Contract
Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or
self -insured retention. County reserves the right to require Contractor/Contract Professional to provide a
bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment
of claims.
The insurance coverage's specified in this Agreement are the minimum requirements, and these
requirements do not decrease or limit the liability of Contractor/Contract Professional. The County in no
way warrants that the minimum limits contained herein are sufficient to protect the Contractor from
liabilities that might arise out of the performance of the work under this Contract by the Contractor, its
agents, representatives, employees, or subcontractors. The Contractor is not relieved of any liability or
other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain
insurance in sufficient amounts, duration, or types. Any modification to these requirements must be made
in writing by Weld County.
The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor
shall be responsible for the professional quality, technical accuracy, and quantity of all construction
services provided, the timely delivery of said services, and the coordination of all services rendered by the
Contractor and shall, without additional compensation, promptly remedy and correct any errors,
omissions, or other deficiencies.
Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and
employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character
arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or
amount arising or recovered under workers' compensation law or arising out of the failure of the
Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be
fully responsible and liable for any and all injuries or damage received or sustained by any person,
persons, or property on account of its performance under this Agreement or its failure to comply with the
provisions of the Agreement, or on account of or in consequence of neglect of the Contractor in its
construction methods or procedures; or in its provisions of the materials required herein, or from any
claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance,
order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the
Contractor will be responsible for primary loss investigation, defense and judgment costs where this
contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to
waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or
assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work
performed by the Contractor for the County. A failure to comply with this provision shall result in County's
right to immediately terminate this Agreement.
Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during
the term of any Agreement, insurance in the following kinds and amounts:
Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance
covering all of the Contractor's Contract Professional's employees acting within the course and scope of
their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall
not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act.,
AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form.
Commercial General Liability Insurance written on ISO occurrence form CG 00 01 equivalent, covering
premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage,
independent Contractors, products and completed operations, blanket contractual liability, personal injury,
and liability assumed under an insured contract. The policy shall be endorsed to include 1) the Additional
Insured Endorsements CG 2010 (or equivalent), 2) CG 2037 Additional Insured for products/completed
operations, and 3) the Designated Construction Projects General Aggregate Endorsement CG 2503. The
policy shall be endorsed to include the following additional insured language on the additional insured
endorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities,
successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an
additional insured with respect to liability and defense of suits arising out of the activities performed by, or
on behalf of the Contractor, including completed operations" and the minimum limits must be as follows:
$1,000,000 each occurrence;
$2,000,000 general aggregate;
$2,000,000 products and completed operations aggregate;
$1,000,000 Personal Advertising injury
Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury
per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable
to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -
owned vehicles used in the performance of this Contract.
Contractors/Contract Professionals shall secure and deliver to the County at or before the time of
execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the
same may be extended as herein provided, a commercial general liability insurance policy, including
public liability and property damage, in form and company acceptable to and approved by said
Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal.
Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a
certificate of insurance, a policy, or other proof of insurance as required by the County's Risk
Administrator in his sole discretion.
Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability,
and inland marine, Contractor/Contract Professional's insurer shall name County and Colorado
Department of Transportation as additional insured.
Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive
subrogation rights against County.
Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors, suppliers or
other entities providing goods or services required by this Agreement shall be subject to all of the
requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract
Professional. Contractor/Contract Professional shall include all such subcontractors, independent
Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all
subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof
of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities
upon request by the County.
14. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim
thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer
its rights hereunder without such prior approval by County shall, at the option of County, automatically
terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied
at the sole and absolute discretion of County.
15. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized
representative of County, including the County Auditor, shall have access to and the right to examine and
audit any books, documents, papers and records of Contractor, involving all matters and/or transactions
related to this Agreement. The Contractor agrees to maintain these documents for three years from the
date of the last payment received.
16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to
deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any
cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood,
earthquakes or Governmental actions.
17. Notices. County may designate, prior to commencement of work, its project representative ("County
Representative") who shall make, within the scope of his or her authority, and all necessary and proper
decisions with reference to the project. All requests for contract interpretations, change orders, and other
clarification or instruction shall be directed to County Representative. The County Representative for
purposes of this Agreement is hereby identified as, Mike Bedell, Senior Engineer. All notices or other
communications (including annual maintenance made by one party to the other concerning the terms and
conditions of this contract shall be deemed delivered under the following circumstances:
a) personal service by a reputable courier service requiring signature for receipt; or
b) five (5) days following delivery to the United States Postal Service, postage prepaid
addressed to a party set forth!in the contract; or
c) electronic transmission via email at the address set forth below, where a receipt or
acknowledgment is required by the sending party; or
d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment
is required by the sending party.
Either party may change its notice address(es) by written notice to the other.
Notification Information:
Contractor: Simon Contractors
Attn.: Shawn Smith, Project Manager
Address: P.O. Box43002O'i
Address: Cheyenne, WY 82003
E-mail: scsmith@simoncontractors.com
Facsimile: 307-634-2661
Coun :
Name: Michael Bedell, P.E.
Position: Senior Engineer
Address: P.O. Box 758
Address: Greeley, CO. 80632
E-mail: mbedell@weldgov.com
18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules
and regulations in effect or hereafter established, including without limitation, laws applicable to
discrimination and unfair employment practices.
19. Non -Exclusive Agreement This Agreement is nonexclusive and County may engage or use other
Contractors or persons to perform services of the same or similar nature.
20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and
incorporated herein, contains the entire agreement between the parties with respect to the subject matter
contained in this Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this Agreement. This
Agreement may be changed or supplemented only by a written instrument signed by both parties.
21. Fund Availability. Financial obligations of the County payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made available.
Execution of this Agreement by County does not create an obligation on the part of County to expend
funds not otherwise appropriated in each succeeding year.
22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The
signatories to this Agreement agree that to their knowledge, no employee of Weld County has any
personal or beneficial interest whatsoever in the service or property which is the subject matter of this
Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any
manner or degree interfere with the performance of Contractor's services and Contractor shall not employ
any person having such known interests. During the term of this Agreement, Contractor shall not engage
in any in any business or personal activities or practices or maintain any relationships which actually
conflicts with or in any way appear to conflict with the full performance of its obligations under this
Agreement. Failure by Contractor to ensure compliance with this provision may result, in Countys sole
discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of
Contractor's family shall serve on a County Board, committee or hold any such position which either by
rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding
to Contractor.
23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced
without such provision, to the extent that this Agreement is then capable of execution within the original
intent of the parties.
24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the
Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms
and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of
action whatsoever by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or benefits under
this Agreement shall be an incidental beneficiary only.
26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it
has been approved by the Board of County Commissioners of Weld County, Colorado or its designee.
27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall
be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or
incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and
void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District
Court shall have exclusive jurisdiction to resolve said dispute.
28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it
does not knowingly employ or contract with an illegal alien who will perform work under this contract.
Contractor will confirm the employment eligibility of all employees who are newly hired for employment in
the United States to perform work under this Agreement, through participation in the E -Verify program of
the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not
knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a
contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly
employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -
Verify Program or State of Colorado program procedures to undertake pre -employment screening or job
applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a
subcontractor performing work under the public contract for services knowingly employs or contracts with
an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor
has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall
terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien
within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the
subcontractor provides information to establish that the subcontractor has not knowingly employed or
contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of
an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor
and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within
twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has
examined the legal work status of such employee, retained file copies of the documents, and not altered
or falsified the identification documents for such employees. Contractor shall deliver to County, a written
notarized affirmation that it has examined the legal work status of such employee, and shall comply with
all of the other requirements of the State of Colorado program. If Contractor fails to comply with any
requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for
breach, and if so terminated, Contractor shall be liable for actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor
receives federal or state funds under the contract, Contractor must confirm that any individual natural
person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-
76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor
operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of
the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall
produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce
one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the
contract.
29. Official Engineering Publications, Contractor acknowledges and agrees that the Colorado Department
of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado
Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work
performed by Contractor under this Agreement, and Contractor agrees to meet or exceed all standards
set by these publications. Contractor further acknowledger and agrees that a failure to meet the standards
set by these publications may result in withholding by County of some or all of the Contract Amount.
30. Compliance with Davis -Bacon Wage Rates. Contractor understands and agrees that, if required by the
provisions of Exhibit A, the work shall be in compliance with the Davis- Bacon Wage Rates. (If compliance
with this statute is required by County under this Agreement, a copy of the information is contained in
Exhibit A, Counts Request for Bid, and is a part this Agreement.)
31. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this
Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or
legal costs incurred by or on its own behalf.
32. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial
body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall
be null and void.
33. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000 annually, or
for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants,
and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this
Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the time of the
public works project, who can provide a valid Colorado driver's license, a valid Colorado state -issued
photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The
County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to
demonstrate insufficient Colorado labor is available to perform the work, and this requirement would
create an undue burden that would substantially prevent the work from proceeding to completion. This
section shall not apply to any project which is funded in whole or in part with federal funds, or where
otherwise contrary to federal law.
Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it
and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A
and B, is the comp ete and exclusive statement of agreement between the parties and supersedes all proposals or
prior agreements, oral or written, and any other communications between the parties relating to the subject matter
of this Agreement.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 17th day of April 2017.
CONTRACTOR:
Simon.Contr
By:
Name: Travis Cline
Title: Regional Manager
WELD COUNTY.
ATTY.J G •aCo%�.�
Weld County Clerk to the Board
BY:
Date:
4/18/2017
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Deputy C rk to he Boar J / �, 4%1L,�j� ulie A. Cozad, Chair
AP
2017
c72‘)/ 7- c1,20a)
October 31, 2013
1
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
Attached is Form FHWA 1273 titled Required Contract Provisions Federal -Aid Construction Contracts. As
described in Section I. General, the provisions of Form FHWA 1273 apply to all work performed under the
Contract and are to be included in all subcontracts with the following modification:
For TAP (Transportation Alternatives Program) funded Recreational Trails projects, Section I (4) regarding convict
labor and all of Section IV of the FHWA 1273 do not apply.
October 31, 2013
2
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
FHWA-1273 — Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
II.
III.
IV.
V.
VI.
VII.
VIII
IX.
X.
XI.
General
Nondiscrimination
Nonsegregated Facilities
Davis -Bacon and Related Mt Provisions
Contract Work Hours and Safety Standards Act
Provisions
Subletting or Assigning the Contract
Safety: Accident Prevention
False Statements Concerning Highway Projects
Implementation of Clean Air Act and Federal Water
Pollution Control Act
Compliance with Govemmentwide Suspension and
Debarment Requirements
Certification Regarding Use of Contract Funds for
Lobbying
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each
construction contract funded under Title 23 (excluding
emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this form in each
subcontract and further require its inclusion in all lower tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower -tier subcontractor or service provider.
Form FHWA-1273 must be included in all Federal -aid design -
build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services,
purchase orders, rental agreements and other agreements for
supplies or services). The design -builder shall be responsible
for compliance by arty subcontractor, lower -tier subcontractor
or service provider.
Contracting agencies may reference Form FHWA-1273 in bid
proposal or request for proposal documents, however, the
Form FHWA-1273 must be physically incorporated (not
referenced) in all contracts, subcontracts and lower -tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services related to a
construction contract).
2. Subject to the applicability criteria noted in the following
sections, these contract provisions shall apply to all work
performed on the contract by the contractors own organization
and with the assistance of workers under the contractors
immediate superintendence and to all work performed on the
contract by piecework, station work, or by subcontract.
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment
or any other action determined to be appropriate by the
contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal -aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. The term Federal -aid
highway does not include roadways functionally classified as
local roads or rural minor collectors.
II. NONDISCRIMINATION
The provisions of this section related to 23 CFR Part 230 are
applicable to all Federal -aid construction contracts and to all
related construction subcontracts of $10,000 or more. The
provisions of 23 CFR Part 230 are not applicable to material
supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR 60,
29 CFR 1625-1627, Title 23 USC Section 140, the
Rehabilitation Act of 1973, as amended (29 USC 794), Title VI
of the Civil Rights Act of 1964, as amended, and related
regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR
Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000,
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exdusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR 60, and 29
CFR 1625-1627. The contracting agency and the FHWA have
the authority and the responsibility to ensure compliance with
Title 23 USC Section 140, the Rehabilitation Act of 1973, as
amended (29 USC 794), and Title VI of the Civil Rights Act of
1964, as amended, and related regulations including 49 CFR
Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR 230, Appendix
A, with appropriate revisions to conform to the U.S.
Department of Labor (US DOL) and FHWA requirements.
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, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27)
and orders of the Secretary of Labor as modified by the
October 31, 2013
3
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
provisions prescribed herein, and imposed pursuant to 23
U.S.C. 140 shall constitute the EEO and specific affirmative
action standards for the contractors project activities under
this contract. The provisions of the Americans with 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:
a. The contractor will work with the contracting agency and
the Federal Govemment to ensure that it has made every
good faith effort to provide equal opportunity with respect to all
of its terms and conditions of employment and in their review
of activities under the contract.
b. The contractor will accept as its 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, pre -apprenticeship, and/or on-the-
job training."
2. EEO Officer. The contractor will designate and make
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program and who
must be assigned adequate authority and responsibility to do
so.
3. Dissemination of Policy: All members of the contractors
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 contractors 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
contractors 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 contractors 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
contractors procedures for locating and hiring minorities and
women.
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 contractors 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 minorities and women in the area from
which the project work force would normally be derived.
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 minorities and women. To
meet this requirement, the contractor will identify sources of
potential minority group employees, and establish with such
identified sources procedures whereby minority and women
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, the
contractor is expected to observe the provisions of that
agreement to the extent that the system meets the contractors
compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to
refer minorities and women as applicants for employment.
Information and procedures with regard to referring such
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. lithe review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
October 31, 2013
4
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with its 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 their avenues of appeal.
8. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts
should be aimed at developing full joumey level status
employees in the type of trade or job classification involved.
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. In the event a
special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
in accordance with 23 U.S.C. 140(a).
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 employees who are minorities and
women and will encourage eligible employees to apply for
such training and promotion.
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. 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 good faith efforts to develop, in
cooperation with the unions, joint training programs aimed
toward qualifying more minorities and women for membership
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment.
b. The contractor will use good faith 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 contracting agency 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 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 minorities and women. The failure of a union
to provide sufficient referrals (even though it is obligated to
provide exclusive referrals under the terms of a collective
bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. 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
contracting agency.
8. Reasonable Accommodation for Applicants I
Employees with Disabilities: The contractor must be familiar
with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established there
under. Employers must provide reasonable accommodation in
all employment activities unless to do so would cause an
undue hardship.
9. 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. The contractor shall take all necessary
and reasonable steps to ensure nondiscrimination in the
administration of this contract.
a. The contractor shall notify all potential subcontractors and
suppliers and lessors of their EEO obligations under this
contract.
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurance Required by 49 CFR 26.13(b):
a. The requirements of 49 CFR Part 26 and the State
DOT's U.S. DOT -approved DBE program are incorporated by
reference.
b. The contractor or subcontractor shall not discriminate on
the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall cany out
applicable requirements of 49 CFR Part 26 in the award and
administration of DOT -assisted contracts. Failure by the
contractor to cany out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the contracting agency
deems appropriate.
11. 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 the date of the final payment to the
contractor for all contract work and shall be available at
reasonable times and places for inspection by authorized
representatives of the contracting agency and the FHWA.
October 31, 2013
5
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
a. The records kept by the contractor shall document the
following:
(1) The number and work hours 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; and
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women;
b. The contractors and subcontractors will submit an annual
report to the contracting agency 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. The staffing data should
represent the project work force on board in all or any part of
the last payroll period preceding the end of July. If on-the-job
training is being required by special provision, the contractor
will be required to collect and report training data. The
employment data should reflect the work force on board during
all or any part of the last payroll period preceding the end of
July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal -aid construction
contracts and to all related construction subcontracts of
$10,000 or more.
The contractor must ensure that facilities provided for
employees are provided in such a manner that segregation on
the basis of race, color, religion, sex, or national origin cannot
result. The contractor may neither require such segregated
use by written or oral policies nor tolerate such use by
employee custom. The contractors obligation extends further
to ensure that its employees are not assigned to perform their
services at any location, under the contractor's control, where
the facilities are segregated. The term 'facilities" includes
waiting rooms, work areas, restaurants and other eating areas,
time clocks, restrooms, washrooms, locker rooms, and other
storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing
provided for employees. The contractor shall provide separate
or single -user restrooms and necessary dressing or sleeping
areas to assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal -aid construction
projects exceeding $2,000 and to all related subcontracts and
lower -tier subcontracts (regardless of subcontract size). The
requirements apply to all projects located within the right-of-
way of a roadway that is functionally classified as Federal -aid
highway. This excludes roadways functionally classified as
local roads or rural minor collectors, which are exempt.
Contracting agencies may elect to apply these requirements to
other projects.
The following provisions are from the U.S. Department of
Labor regulations in 29 CFR 5.5 "Contract provisions and
related matters" with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements.
1. Minimum wages
a. All laborers and mechanics 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 issued by the Secretary of Labor
under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics.
Contributions made or costs reasonably anticipated for bona
fide fringe benefits under section 1(b)(2) of the Davis -Bacon
Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions
of paragraph 1.d. of this section; also, 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 29 CFR 5.5(a)(4). 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.
The wage determination (including any additional classification
and wage rates conformed under paragraph 1.b. of this
section) and the Davis -Bacon poster 0A/H-1321) 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.
b.(1) The contracting officer shall require that any class of
laborers or mechanics, including helpers, which is not listed in
the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
October 31, 2013
6
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
(ii) The classification is utilized in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be
employed in the classification (if known), 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
Administrator of the Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor,
Washington, DC 20210. The 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.
(3) In the event the contractor, the laborers or mechanics
to be employed in the 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. The Wage and Hour 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.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or
1.b.(3) of this section, shall be paid to all workers performing
work in the classification under this contract from the first
day on which work is performed in the classification.
c. 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
shall either pay the benefit as stated in the wage determination
or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
d. If the contractor does not make payments to a trustee or
other third person, the contractor may consider as 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.
2. Withholding
The contracting agency shall upon its own action or upon
written request of an authorized representative of the
Department of Labor, withhold or cause to be withheld from
the contractor 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, so
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 contracting agency
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.
3. Payrolls and basic records
a. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers
and mechanics working at the site of the work. Such records
shall contain the name, address, and social security number of
each such worker, his or her correct classification, hourly rates
of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents
thereof of 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. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that
the wages of any laborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis -
Bacon Act, the contractor shall maintain records which show
that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the
plan or program has been communicated in veiling to the
laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs.
b.(1) The contractor shall submit weekly for each week in
which any contract work is performed a copy of all payrolls to
the contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required to be
maintained under 29 CFR 5.5(a)(3)(i), except that full social
security numbers and home addresses shall not be included
on weekly transmittals. Instead the payrolls shall only need to
include an individually identifying number for each employee
e.g. , the last four digits of the employee's social security
number). The required weekly payroll information may be
submitted in any form desired. Optional Form WH-347 is
available for this purpose from the Wage and Hour Division
Web site at http://www.dolgoviesa/whdlforms/wh347instr.Mm
October 31, 2013
7
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
or its successor site. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker,
and shall provide them upon request to the contracting agency
for transmission to the State DOT, the FHWA or the Wage and
Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this section for a prime
contractor to require a subcontractor to provide addresses and
social security numbers to the prime contractor for its own
records, without weekly submission to the contracting agency..
(2) Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the contractor or
subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall
certify the following:
(i) That the payroll for the payroll period contains the
information required to be provided under §5.5 (a)(3)(ii) of
Regulations, 29 CFR part 5, the appropriate information is
being maintained under §5.5 (a)(3)(i) of Regulations, 29
CFR part 5, and that such information is correct and
complete;
(ii) That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on the contract
during the payroll period has been paid the full weekly
wages eamed, without rebate, either directly or indirectly,
and that no deductions have been made either directly or
indirectly from the full wages eamed, other than
permissible deductions as set forth in Regulations, 29 CFR
part 3;
(iii) That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed,
as specified in the applicable wage determination
incorporated into the contract.
(3) 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 3.b.(2) of
this section.
(4) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 of
title 31 of the United States Code.
c. The contractor or subcontractor shall make the records
required under paragraph 3.a. of this section available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the
FHWA, or the Department of Labor, 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 FHWA may,
after written notice to the contractor, the contracting agency or
the State DOT, take such action 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.
4. Apprentices and trainees
a. Apprentices (programs of the USDOL).
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 U.S. Department of
Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with
a State Apprenticeship Agency recognized by the Office, or if a
person is employed in his or 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 Office of Apprenticeship
Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen 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 worker 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 on 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 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's hourly
rate) specified in the contractors or subcontractor's registered
program shall be observed.
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 joumeymen 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 determines that a different
practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer
and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable
October 31, 2013
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REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
predetermined rate for the work performed until an acceptable
program is approved.
b. Trainees (programs of the USDOL).
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 U.S.
Department of Labor, Employment and Training
Administration.
The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the
Employment and Training Administration.
Every trainee must be paid at not less than the rate specified
in the approved program for the trainees level of progress,
expressed as a percentage of the journeyman 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 wage rate on the wage
determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the 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.
In the event the Employment and Training Administration
withdraws approval of a training program, the contractor 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. Equal employment opportunity. The utilization of
apprentices, trainees and joumeymen under this part shall be
in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29
CFR part 30.
d. Apprentices and Trainees (programs of the U.S. DOD.
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.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor shall insert
Form FHWA-1273 in any subcontracts and also require the
subcontractors to include Form FHWA-1273 in any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor
with all the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis -Bacon and Related Act
requirements. All rulings and interpretations of the Davis -
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract.
9. Disputes concerning labor standards. Disputes arising
out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract. Such
disputes shall be resolved in accordance with the procedures
of the Department of Labor set forth in 29 CFR parts 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 U.S. Department of Labor, or the
employees or their representatives.
10. Certification of eligibility.
a. By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an
interest in the contractor's firm is a person or firm ineligible to
be awarded Government contracts by virtue of section 3(a) of
the Davis -Bacon Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person
or firm ineligible for award of a Govemment contract by virtue
of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
c. The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001.
V. CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
The following clauses apply to any Federal -aid construction
contract in an amount in excess of $100,000 and subject to the
overtime provisions of the Contract Work Hours and Safety
Standards Act. These clauses shall be inserted in addition to
the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As
October 31, 2013
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REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
used in this paragraph, the terms laborers and mechanics
include watchmen and guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph (1.) of this section, the contractor and any
subcontractor responsible therefor shall be liable for the
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 or mechanic, including watchmen and
guards, employed in violation of the clause set forth in
paragraph (1.) of this section, in the sum of $10 for each
calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause set forth in paragraph (1.) of this section.
3. Withholding for unpaid wages and liquidated damages.
The FHWA or the contacting agency shall upon its own action
or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from
any moneys 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 (2.) of this
section.
4. Subcontracts. The contractor or subcontractor shall insert
in any subcontracts the clauses set forth in paragraph (1.)
through (4.) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (1.) through (4.) of this
section.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal -aid construction
contracts on the National Highway System.
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 contracting agency. 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 contractors own organization
(23 CFR 635.116).
a. The term "perform work with its own organization" refers
to workers employed or leased 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 or lower tier subcontractor,
agents of the prime contractor, or any other assignees. The
term may include payments for the costs of tiring leased
employees from an employee leasing firm meeting all relevant
Federal and State regulatory requirements. Leased
employees may only be included in this term if the prime
contractor meets all of the following conditions:
(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality
of the work of the leased employees;
(3) the prime contractor retains all power to accept or
exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all
other Federal regulatory requirements.
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 or propose 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 VI 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 fumish (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 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
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
contracting agency has assured that each subcontract is
October 31, 2013
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REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract.
5. The 30% self -performance requirement of paragraph (1) is
not applicable to design -build contracts; however, contracting
agencies may establish their own self -performance
requirements.
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal -aid construction
contracts and to all related subcontracts.
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 contracting officer may deteimine, 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.
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. 3704).
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.3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal -aid construction
contracts and to all related subcontracts.
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, Form FHWA-1022 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:
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 fumished, 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 under this title or imprisoned not more than 5
years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
This provision is applicable to all Federal -aid construction
contracts and to all related subcontracts.
By submission of this bid/proposal or the execution of this
contract, or subcontract, as appropriate, the bidder, proposer,
Federal -aid construction contractor, or subcontractor, as
appropriate, will be deemed to have stipulated as follows:
1. That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an
award due to a violation of Section 508 of the Clean Water Act
or Section 306 of the Clean Air Act.
2. That the contractor agrees to include or cause to be
included the requirements of paragraph (1) of this Section X in
every subcontract, and further agrees to take such action as
the contracting agency may direct as a means of enforcing
such requirements.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal -aid construction
contracts, design -build contracts, subcontracts, lower -tier
subcontracts, purchase orders, lease agreements, consultant
contracts or any other covered transaction requiring AIWA
October 31, 2013
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REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
approval or that is estimated to cost $25,000 or more — as
defined in 2 CFR Parts 180 and 1200.
1. Instructions for Certification — First Der Participants:
a. By signing and submitting this proposal, the prospective
first tier participant is providing the certification set out below.
b. 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 first tier 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 first tier participant to fumish a
certification or an explanation shall disqualify such a person
from participation in this transaction.
c. The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
agency determined to enter into this transaction. If it is later
determined that the prospective participant knowingly rendered
an erroneous certification, in addition to other remedies
available to the Federal Government, the contracting agency
may terminate this transaction for cause of default.
d. The prospective first tier participant shall provide
immediate written notice to the contracting agency to whom
this proposal is submitted if any time the prospective first tier
participant leams that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. "First Tier Covered
Transactions" refers to any covered transaction between a
grantee or subgrantee of Federal funds and a participant (such
as the prime or general contract). "Lower Tier Covered
Transactions" refers to any covered transaction under a First
Tier Covered Transaction (such as subcontracts). "First Tier
Participant" refers to the participant who has entered into a
covered transaction with a grantee or subgrantee of Federal
funds (such as the prime or general contractor). "Lower Tier
Participant" refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
f. The prospective first 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 entering into this transaction.
g. The prospective first tier 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 Transactions,"
provided by the department or contracting agency, entering
into this covered transaction, without modification, in all lower
tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the $25,000 threshold.
h. 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 is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verity the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded
Parties List System website (httos://www.eols.00v/), which is
compiled by the General Services Administration.
i. Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant
is not required to exceed that which is normally possessed by
a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (t) 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.
2. Certification Regarding Debarment, Suspension,
ineligibility and Voluntary Exclusion — First Tier
Participants:
a. The prospective first tier participant certifies to the best of
its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency;
(2) Have not within a three-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;
(3) Are not presently indicted for or otherwise criminally or
civilly charged by a govemmental entity (Federal, State or
local) with commission of any of the offenses enumerated in
paragraph (a)(2) of this certification; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default.
October 31, 2013
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REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
b. Where the prospective 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 Participants:
(Applicable to all subcontracts, purchase orders and other
lower tier transactions requiring prior FHWA approval or
estimated to cost $25,000 or more - 2 CFR Parts 180 and
1200)
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
teams that its certification was erroneous by reason of
changed circumstances.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. You may contact the person to
which this proposal is submitted for assistance in obtaining a
copy of those regulations. "First Tier Covered Transactions"
refers to any covered transaction between a grantee or
subgrantee of Federal funds and a participant (such as the
prime or general contract). "Lower Tier Covered Transactions"
refers to any covered transaction under a First Tier Covered
Transaction (such as subcontracts). "First Tier Participant"
refers to the participant who has entered into a covered
transaction with a grantee or subgrantee of Federal funds
(such as the prime or general contractor). "Lower Tier
Participant" refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
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 exceeding
the $25,000 threshold.
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 is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded
Parties List System website (https://www.eols.00vI) which is
compiled by the General Services Administration.
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
Participants:
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 participating in
covered transactions 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.
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is 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
October 31, 2013
13
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
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.
3. The prospective participant also agrees by submitting its
bid or proposal that the participant 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.
•
October 31, 2013
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REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS
This provision is applicable to all Federal -aid projects funded
under the Appalachian Regional Development Act of 1965.
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 the participant
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, the participant 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 one 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 provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
6. 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.
BID REQUEST NO. B1700046
WELD COUNTY
DEPARTMENT OF PUBLIC WORKS
CONTRACT BID DOCUMENTS
AND SPECIFICATIONS FOR
SH 392 & WCR 74 INTERSECTION IMPROVEMENT PROJECT
March 3, 2017
Weld County Public Works
Division of Engineering
P.O. Box 758
1111 H Street
Greeley, Colorado 80632
970-304-6496
BID NO # B1700046 Page 1
TABLE OF CONTENTS
The following checked forms and provisions take precedence over plan drawings and supplement the 2011 edition of the
Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard
Specifications) which is to be used to administer the construction of this project.
BIDDING REQUIREMENTS: *All Bidders must submit these forms with their Bid.
Invitation for Bids 3
Instructions to Bidders 4-13
*Bid Proposal 14-15
*Bid Schedule 16-21
*Bid Bond 22-23
*IRS Form W-9 24
*Anti -Collusion Affidavit (CDOT Form #606) 25
*Bidders List (CDOT Form #1413) 26
*Anticipated DBE Participation Plan (CDOT Form #1414) 27
WELD COUNTY CONTRACT FORMS: *Low Bidder must submit these forms prior to Contract Award.
*Notice of Award 28
*Agreement 29-37
*Performance Bond 38-39
*Labor and Materials Payment Bond 40-41
Notice to Proceed 42
Change Order 43-44
Certificate of Substantial Completion 45
Lien Waiver 46
Final Lien Waiver 47
Notice of Acceptance 48
CDOT REQUIRED CONTRACT FORMS: *Low Bidder must submit these forms to Weld County by 4:30 PM the day
following the bid opening.
Contractor's Performance Capability Statement (CDOT Form #605) 49
Assignment of Antitrust Claims (CDOT Form #621) 50
UDBE Commitment Confirmation (CDOT Form #1415) 51-52
UDBE Good Faith Effort Documentation (CDOT Form #1416) 53-54
WELD COUNTY PROJECT SPECIAL PROVISIONS:
Project Special Provisions Index 55-56
Project Special Provisions 57-118
CDOT STANDARD SPECIAL PROVISIONS:
Standard Special Provisions Index 119-120
Required Provisions for Federal -Aid Construction Contracts (Form FHWA-1273) 121-134
Current Davis Bacon Minimum Wages Decision 135-141
Recently Revised Standard Special Provisions Starting on 142
ADDITIONAL DOCUMENTS:
Construction Plan Set Separate Document
Subsurface Exploration and Pavement Design Report Separate Document
BID NO # B1700046 Page 2
REQUEST FOR BID
WELD COUNTY, COLORADO
1150 O STREET
GREELEY, CO 80631
coUNTY
DATE: MARCH 8, 2017 (1st ADVERTISEMENT DATE)
BID NUMBER: B1700046
DESCRIPTION: SH 392 & WCR 74 INTERSECTION IMPROVEMENT PROJECT
MANDATORY PRE -BID CONFERENCE DATE: MARCH 15, 2017
BID OPENING DATE: MARCH 30, 2017
DAVIS BACON DECISION NUMBER: CO170024
1. NOTICE TO BIDDERS:
The Board of County Commissioners of Weld County, Colorado, by and through its Director of
General Services (collectively referred to herein as, "Weld County"), wishes to purchase the
following:
SH 392 & WCR 74 INTERSECTION IMPROVEMENT PROJECT
The project in general consists of realigning an existing intersection and widening and improving existing
roadways. The project includes but is not limited to the following work items: unclassified excavation
(33,055 CY), embankment (26,146 CY), aggregate base course (39,823 Tons), hot mix asphalt (31,275
Tons), and the installation of 16'x5' reinforced concrete box culverts (144 LF). All bidders must meet the
prequalification requirements of section 102 of the Colorado Department of Transportation Standard
Specifications for Road and Bridge Construction in order to bid this project. This project is a Federal Aid
Project, Federal Aid Project No. STM C030-057, 19892. The "UDBE" goal for this project has been
established by CDOT to be 5.0%. The CDOT Form 347, Certification of EEO Compliance, is no longer
required to be submitted in the bid package. This form certified that the contractor/proposed
subcontractors were in compliance with the Joint Reporting Committee EEO -1 form requirements. The
EEO -1 Report must still be submitted to the Joint Reporting Committee if the contractors and
subcontractors meet the eligibility requirements (29CFR 1602.7); we will, however, no longer require
certification. For additional information regarding these federal requirements, please refer to:
http://www.eeoc.gov/stats/jobpat/elinstruct.html.
A mandatory pre -bid conference will be held at 10:00 a.m., on Wednesday, March 15th, 2017, at the
Weld County Public Works Building. The Public Works Building is located at 1111 H Street in Greeley.
Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids.
Bids for the above stated merchandise, equipment, and/or services will be received at the Office of the
Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room
#107 Greeley CO 80631 until: Thursday, March 30t!', 2017, 10:00 A.M. (Weld County Purchasing Time
Clock).
PAGES 1 — 13 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE
REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN
PAGES 1 — 13 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 13.
2. INVITATION TO BID:
Weld County requests bids for the purchase of the above -listed merchandise, equipment, and/or services.
BID NO # B1700046 Page 3
Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and
discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to
pay if awarded the bid. Merchandise and/or equipment shall be delivered to the location(s) specified
herein.
You can find bid information on the Weld County Purchasing website at
http://www.co.weld.co.us/Departments/Purchasing/index.html located under Current Request for Bids.
Weld County Government is a member of the Rocky Mountain E -Purchasing System. The Rocky
Mountain E -Purchasing System (BidNet®) is an on-line notification system that is being utilized by
multiple governmental entities. Participating entities post their bids, quotes, proposals, addendums, and
awards on this one centralized system.
Did Delivery to Weld County — 3 methods:
1. Email. Emailed bids are preferred. Bids may be emailed to: bids@weldgov.com. Emailed bids
must include the following statement on the email: "I hereby waive my right to a sealed bid". An
email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid
is requested, you must submit/mail hard copies of the bid proposal.
2. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope with
the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150 O
Street, Room #107 Greeley, CO 80631.
Please call Purchasing at 970-336-7225 if you have any questions.
3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION
Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department.
Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids
by partnerships must furnish the full names of all partners and must be signed with the partnership name by
one of the members of the partnership or by an authorized representative, followed by the signature and title
of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed
by the name of the state of the incorporation and by the signature and title of the president, secretary, or
other person authorized to bind it in the matter. The name of each person signing shall also be typed or
printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary,"
"agent," or other title without disclosing his principal, may be held to the bid of the individual signing. When
requested by the Weld County Director of General Services, satisfactory evidence of the authority of the
officer signing on behalf of a corporation shall be furnished. All corrections or erasures shall be initialed by
the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements,
specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be
fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in.
Bids may be withdrawn upon written request to and approval of the Weld County Director of General
Services; said request being received from the withdrawing bidder prior to the time fixed for award.
Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it
has been awarded.
Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure
that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section
1., entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure
place. No responsibility will attach to the Weld County Director of General Services for the premature
opening of a bid not properly addressed and identified.
BID NO # B1700046 Page 4
Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept
the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County.
The bid(s) may be awarded to more than one vendor.
Terms Defined: Terms used in these instructions to Bidders and elsewhere throughout the Contract
Documents are defined in the General Provisions, CDOT, Standard Specification for Road and Bridge
Construction, Section 101.
Familiarization With the Work: Before submitting his Bid, each prospective Bidder shall familiarize himself
with the Work, the site where the Work is to be performed, local labor conditions and all local, state and
federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. He shall
carefully correlate his observations with requirements of the Contract Documents and Drawings and
otherwise satisfy himself of the expense and difficulties attending performance of the Work. The
submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied
with every requirement of this paragraph.
Interpretation of Contract Documents to Prospective Bidders: Any prospective Bidder who discovers
ambiguities or is in doubt as to the true meaning of any part of the Contract Documents or Drawings shall
make a request to the Engineer for an interpretation thereof. Interpretations will be made only by Addenda,
duly issued, and copies of each Addendum will be mailed or delivered to each Contract Document holder
of record. Unless approved by the Director of General Services, no interpretation Addenda will be issued
within the last seven (7) days before the date set for opening of Bids. The Bidder shall be solely
responsible for any interpretation of the Contract Documents or Drawings other than by duly issued
Addenda.
Preparation of the Bid: Bidders are required to use the Proposal Forms which are included in this package
and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and
signed by the Bidder. Bids by partnerships must be executed in the partnership name and signed by a
partner. His title must appear under his signature and the official address of the partnership must be shown
below the signature. Bids by corporations must be executed in the corporate name by the president or a
vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate
seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and
state of incorporation shall be shown below the signature. Names of all persons signing must be printed
below their signatures. A power of attorney must accompany the signature of anyone not otherwise
authorized to bind the Bidder.
Modification or Withdrawal of Bid: Bids may be modified or withdrawn by an appropriate document duly
executed in the manner that a Bid must be executed, and delivered to the place where Bids are to be
submitted at any time prior to the final time set for receiving Bids. Bidders may modify or withdraw Bids by
electronic communication at any time prior to the time set for receiving Bids provided the instruction is
positively identified. Any electronic modification should not reveal the amended Bid price, but should
provide only the addition, subtraction or modification. A duly executed document confirming the electronic
modification shall be submitted within three days after Bids are opened. The Director of General Services
may at his sole discretion, release any Bid at any time.
BID NO # B1700046 Page 5
4. AWARD AND EXECUTION OF CONTRACT
Basis of Award: Only firm Bids will be considered. The award of the Contract, if it is awarded, will be to the
lowest responsible bidder whose Bid compares favorably upon evaluation with other Bids. Weld County
intends to award the Contract to the lowest responsible Bidder within the limits of funds available and to
best serve its interests. The County reserves the right to waive informalities and/or irregularities and to
reject any or all bids.
Evaluation of Bids: The evaluation of Bids will include consideration of Subcontractors and suppliers. All
Bidders shall submit a list of all Subcontractors he expects to use in the Work with the Bid. The use of
Subcontractors listed by the Bidder and accepted by County prior to the Notice of Award will be required in
the performance of the Work. All Bidders shall submit with their Bid a list of the suppliers as indicated in
the Bid Forms.
Contract Execution: The successful Bidder shall be required to execute the Contract and to furnish the
Performance Bond, Labor & Materials Payment Bond and Certificate of Insurance within ten (10) calendar
days of receipt of the Notice of Award. The Certificate of Insurance shall name Weld County and
CDOT as additionally insured. Failure to execute the contract and furnish the required paperwork within
the time frame mentioned above shall be just cause for the annulment of the Award and, in the event of
such annulment, the Award may then be made to another Bidder, or the County may reject all Bids or call
for other Bids. The County, within ten (10) days of receipt of acceptable Performance Bid, Labor &
Materials Payment Bond, and signed Contract from the successful Bidder will issue the Notice to Proceed.
In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the
Request for Proposal contained herein (including, but not limited to, product specifications and
scope of services), the successful bidder's response, and the formal acceptance of the bid by Weld
County, together constitutes a contract, with the contract date being the date of formal acceptance
of the bid by Weld County. The County may require a separate contract, which if required, has been
made a part of this RFP.
5. PERFORMANCE, LABOR, MATERIAL AND PAYMENT BOND
The successful Bidder shall be required to execute the Performance Bond and Labor & Materials Payment
Bond in the amount of 100% of the Contract plus the value of the force account items, covering the faithful
performance of the Contract and the payment of all obligations arising there -under. The Bonds shall be
executed on the forms included with the Contract Documents by a surety company authorized to do
business in the State of Colorado and acceptable as surety to Weld County. The Bidder shall deliver the
Bonds to the Owner not later than the date of execution of the Contract.
6. INDIRECT COSTS
Governmental Fees: The cost of all construction licenses, building and other permits, and governmental
inspections required by public authorities for performing the Work, which are applicable at the time Bids
are opened and which are not specified to be obtained by the County, shall be included in the Bid price.
Royalties: The cost of all royalties and license fees on equipment and materials to be furnished and
incorporated in the Work shall be included in the Bid price.
Utilities: Unless otherwise specified, the Bidder shall include in his Bid the cost of all electrical, water,
sanitary, gas, telephone, and similar facilities and services required by him in performing the Work.
Cash Allowances: The Bidder shall include in his Bid such sums as he deems proper for overhead costs
and profits on account of cash allowances named in the Bid Documents.
BID NO # B1700046 Page 6
7. SITE CONDITIONS
Familiarization with the Site: The prospective Bidder shall by careful examination, satisfy himself of the
following:
Nature and location of the site where the Work is to be performed.
Character, quality, and quantity of surface and subsurface materials, water, structures and utilities to
be encountered.
Character of construction equipment and facilities needed for performance of the Work.
General local conditions.
Availability of lands as set forth in the General Conditions.
Access to the Site: The Bidder shall carefully review the Drawings and the Project Special Conditions for
provisions concerning access to the site during performance of the Work. The Bidder shall carefully
review the locations of the site where the work is to be performed. The Bidder shall make all
arrangements, as deemed necessary, for access to property outside of County Right of Way, prior to
beginning the work.
8. SUCCESSFUL BIDDER HIRING PRACTICES — ILLEGAL ALIENS
Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an
illegal alien who will perform work under this contract. Successful bidder will confirm the employment
eligibility of all employees who are newly hired for employment in the United States to perform work under
this Agreement, through participation in the E -Verify program or the State of Colorado program established
pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an
illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to
certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal
alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of
Colorado program procedures to undertake pre -employment screening or job applicants while this
Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor
performing work under the public contract for services knowingly employs or contracts with an illegal alien
Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder
has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall
terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien
within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three
days the subcontractor provides information to establish that the subcontractor has not knowingly employed
or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the
course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of
Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful
bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that
Successful bidder has examined the legal work status of such employee, retained file copies of the
documents, and not altered or falsified the identification documents for such employees. Successful bidder
shall deliver to County, a written notarized affirmation that it has examined the legal work status of such
employee, and shall comply with all of the other requirements of the State of Colorado program. If
Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq.,
County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for
actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful
bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual
natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S.
BID NO # B1700046 Page 7
§ 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful
bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a
citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b)
shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall
produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the
contract.
9. GENERAL PROVISIONS
A. Fund Availability: Financial obligations of the Weld County payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By
acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract
beyond the current fiscal year.
B. Confidential Information: Confidential financial information of the bidder should be transmitted
separately from the main bid submittal, clearly denoting in red on the financial information at the top the
word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County
must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot
guarantee the confidentiality of all documents.
C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as
a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of
the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter
amended.
D. Independent Contractor: The successful bidder shall perform its duties hereunder as an
independent contractor and not as an employee. He or she shall be solely responsible for its acts and
those of its agents and employees for all acts performed pursuant to the contract. Neither the successful
bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County.
The successful bidder and its employees and agents are not entitled to unemployment insurance or
workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise
provide such coverage for the successful bidder or any of its agents or employees. Unemployment
insurance benefits will be available to the successful bidder and its employees and agents only if such
coverage is made available by the successful bidder or a third party. The successful bidder shall pay
when due all applicable employment taxes and income taxes and local head taxes (if applicable)
incurred pursuant to the contract. The successful bidder shall not have authorization, express or
implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth
in the contract. The successful bidder shall have the following responsibilities with regard to workers'
compensation and unemployment compensation insurance matters: (a) provide and keep in force
workers' compensation and unemployment compensation insurance in the amounts required by law,
and (b) provide proof thereof when requested to do so by Weld County.
E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and
State laws, rules and regulations in effect or hereafter established, including without limitation, laws
applicable to discrimination and unfair employment practices.
F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be
applied in the interpretation, execution, and enforcement of the contract. Any provision included or
incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null
and void.
G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of the contract, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give
or allow any claim or right of action whatsoever by any other person not included in the contract. It is
the express intention of the undersigned parties that any entity other than the undersigned parties
receiving services or benefits under the contract shall be an incidental beneficiary only.
BID NO # B1700046 Page 8
H. Attorneys Fees/Legal Costs: In the event of a dispute between Weld County and the successful
bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible
for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder.
Disadvantaged Business Enterprises: Weld County assures that disadvantaged business
enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be
discriminated against on the grounds of race, color, national origin, sex, age, or disability in
consideration for an award.
J. Procurement and Performance: The successful bidder agrees to procure the materials,
equipment and/or products necessary for the project and agrees to diligently provide all services, labor,
personnel and materials necessary to perform and complete the project. The successful bidder shall
faithfully perform the work in accordance with the standards of professional care, skill, training, diligence
and judgment provided by highly competent contractors performing construction services of a similar
nature to those described in this Agreement. The successful bidder shall further be responsible for the
timely completion, and acknowledges that a failure to comply with the standards and requirements
outlined in the Bid within the time limits prescribed by County may result in County's decision to
withhold payment or to terminate this Agreement.
K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by
County, and shall continue through and until successful bidder's completion of the responsibilities
described in the Bid.
L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30)
days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a
material breach of the terms of the Agreement.
M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing
signed by both parties. No additional services or work performed by the successful bidder shall be the
basis for additional compensation unless and until the successful bidder has obtained written
authorization and acknowledgement by County for such additional services. Accordingly, no claim that
the County has been unjustly enriched by any additional services, whether or not there is in fact any
such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In
the event that written authorization and acknowledgment by the County for such additional services is
not timely executed and issued in strict accordance with this Agreement, The successful bidder's rights
with respect to such additional services shall be deemed waived and such failure shall result in non-
payment for such additional services or work performed.
N. Subcontractors: The successful bidder acknowledges that County has entered into this
Agreement in reliance upon the particular reputation and expertise of the successful bidder. The
successful bidder shall not enter into any subcontractor agreements for the completion of this Project
without County's prior written consent, which may be withheld in County's sole discretion. County shall
have the right in its reasonable discretion to approve all personnel assigned to the subject Project
during the performance of this Agreement and no personnel to whom County has an objection, in its
reasonable discretion, shall be assigned to the Project. The successful bidder shall require each
subcontractor, as approved by County and to the extent of the Services to be performed by the
subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume
toward the successful bidder all the obligations and responsibilities which the successful bidder, by this
Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the
provisions of this Agreement against any subcontractor hired by the successful bidder and the
successful bidder shall cooperate in such process. The successful bidder shall be responsible for the
acts and omissions of its agents, employees and subcontractors.
O. Warranty. Contractor warrants that construction services performed under this Agreement will be
performed in a manner consistent with the professional construction standards governing such services
and the provisions of this Agreement. Contractor further represents and warrants that all construction
services shall be performed by qualified personnel in a professional and workmanlike manner,
consistent with industry standards, and that all construction services will conform to applicable
BID NO # B1700046 Page 9
specifications. In addition to the foregoing warranties, Contractor is aware that all work
performed on this Project pursuant to this Agreement is subject to a one year warranty period
during which Contractor must correct any failures or deficiencies caused by contractor's
workmanship or performance. This warranty shall commence on the date of County's final
inspection and acceptance of the Project.
P. Non -Assignment. The successful bidder may not assign or transfer this Agreement or any interest
therein or claim thereunder, without the prior written approval of County. Any attempts by the successful
bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the
option of County, automatically terminate this Agreement and all rights of the successful bidder
hereunder. Such consent may be granted or denied at the sole and absolute discretion of County.
Q. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or
failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due
to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war,
flood, earthquakes or Governmental actions.
R. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other
contractors or persons to perform services of the same or similar nature.
S. Employee Financial Interest/Conflict of Interest - C.R.S. §§24-18-201 et seq. and §24-50-507.
The signatories to this Agreement agree that to their knowledge, no employee of Weld County has
any personal or beneficial interest whatsoever in the service or property which is the subject matter of
this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in
any manner or degree interfere with the performance of the successful bidder's services and the
successful bidder shall not employ any person having such known interests. During the term of this
Agreement, the successful bidder shall not engage in any in any business or personal activities or
practices or maintain any relationships which actually conflicts with or in any way appear to conflict with
the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure
compliance with this provision may result, in County's sole discretion, in immediate termination of this
Agreement. No employee of the successful bidder nor any member of the successful bidder's family
shall serve on a County Board, committee or hold any such position which either by rule, practice or
action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to
the successful bidder.
T. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced
without such provision, to the extent that this Agreement is then capable of execution within the original
intent of the parties.
U. Compliance with Davis -Bacon Wage Rates. The successful bidder understands and agrees that,
if required by the Scope of Work, the work shall be in compliance with the Davis- Bacon Wage Rates.
V. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid
until it has been approved by the Board of County Commissioners.
W. Compensation Amount. Upon the successful bidder's successful completion of the construction of
the Project, and County's acceptance of the same, County agrees to pay an amount no greater than the
amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount
will be made by County unless a "change order" authorizing such additional payment has been
specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld
County Board of County Commissioners, as required pursuant to the Weld County Code. County will
not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder
agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments
made pursuant to the terms of this Agreement
BID NO # B1700046 Page 10
10. INSURANCE REQUIREMENTS
General Requirements: Successful bidders/Contract Professionals must secure, at or before the time of
execution of any agreement or commencement of any work, the following insurance covering all operations,
goods or services provided pursuant to this request. Successful bidders/Contract Professionals shall keep
the required insurance coverage in force at all times during the term of the Agreement, or any extension
thereof, and during any warranty period. The required insurance shall be underwritten by an insurer
licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall
contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or
should any coverage be reduced before the expiration date thereof, the issuing company shall send written
notice to the Weld County Director of General Services by certified mail, return receipt requested. Such
written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-
payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a
deductible or self -insured retention, County must be notified by the Successful bidder/Contract Professional.
Successful bidder/Contract Professional shall be responsible for the payment of any deductible or self -
insured retention. County reserves the right to require Successful bidder/Contract Professional to provide a
bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of
claims.
The insurance coverage's specified in this Agreement are the minimum requirements, and these
requirements do not decrease or limit the liability of Successful bidder/Contract Professional. The County in
no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder
from liabilities that might arise out of the performance of the work under this Contract by the Successful
bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its
own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The
successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by
reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful
bidder/Contract Professional shall maintain, at its own expense, any additional kinds or amounts of
insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any
modification to these requirements must be made in writing by Weld County.
The successful bidder stipulates that it has met the insurance requirements identified herein. The
successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all
construction services provided, the timely delivery of said services, and the coordination of all services
rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct
any errors, omissions, or other deficiencies.
INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents,
and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or
character arising out of the work done in fulfillment of the terms of this Contract or on account of any act,
claim or amount arising or recovered under workers' compensation law or arising out of the failure of the
successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful
bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any
person, persons, or property on account of its performance under this Agreement or its failure to comply
with the provisions of the Agreement, or on account of or in consequence of neglect of The successful
bidder in its construction methods or procedures; or in its provisions of the materials required herein, or from
any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance,
order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the
successful bidder will be responsible for primary loss investigation, defense and judgment costs where this
contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to
waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or
assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work
performed by the successful bidder for the County. A failure to comply with this provision shall result in
County's right to immediately terminate this Agreement.
Types of Insurance: The successful bidder/Contract Professional shall obtain, and maintain at all times
during the term of any Agreement, insurance in the following kinds and amounts:
BID NO # B1700046 Page 11
Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance
covering all of the successful bidder's Contract Professional's employees acting within the course and
scope of their employment. Policy shall contain a waiver of subrogation against the County. This
requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado
Workers' Compensation Act., AND when such successful bidder or subcontractor executes the
appropriate sole proprietor waiver form.
Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent,
covering premises operations, explosions, collapse and underground hazard, personal advertising injury,
fire damage, independent Contractors, products and completed operations, blanket contractual liability,
personal injury, liability assumed under an insured contract (including defense costs assumed under
contract, designated construction projects(s) general aggregate limit, ISO CG 2503 or equivalent additional
insured —owners, lessees or successful bidders endorsement, ISO Form 2010 or equivalent, additional
insured —owners, lessees or successful bidders endorsement, ISO CG 2037 or equivalent, the policy shall
be endorsed to include the following additional insured language on the additional insured endorsements
specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or
assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured
with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the
Successful bidder, including completed operations" and the minimum limits must be as follows:
$1,000,000 each occurrence;
$2,000,000 general aggregate;
$2,000,000 products and completed operations aggregate;
$1,000,000 Personal Advertising injury
Automobile Liability: Successful bidder/Contract Professional shall maintain limits of $1,000,000 for bodily
injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage
applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and
non -owned vehicles used in the performance of this Contract.
Successful bidders/Contract Professionals shall secure and deliver to the County at or before the time of
execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the
same may be extended as herein provided, a commercial general liability insurance policy, including
public liability and property damage, in form and company acceptable to and approved by said
Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal.
Proof of Insurance: County reserves the right to require the successful bidder/Contract Professional to
provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk
Administrator in his sole discretion.
Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability,
and inland marine, Successful bidder/Contract Professional's insurer shall name Weld County and CDOT
as additionally insured.
Waiver of Subrogation: For all coverages, Successful bidder/Contract Professional's insurer shall waive
subrogation rights against County.
Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or
other entities providing goods or services required by this Agreement shall be subject to all of the
requirements herein and shall procure and maintain the same coverage's required of Successful
bidder/Contract Professional. Successful bidder/Contract Professional shall include all such
subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its
policies or shall ensure that all subcontractors maintain the required coverages. Successful
bidder/Contract Professional agrees to provide proof of insurance for all such subcontractors,
independent contractors, sub -vendors suppliers or other entities upon request by the County.
BID NO # B1700046 Page 12
The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response
to the Bid each of which forms an integral part of this Agreement. Those documents are specifically
incorporated herein by this reference.
BID NO # B1700046 Page 13
BID PROPOSAL
To: Weld County Purchasing Department
P.O. Box 758, 1150 "O" Street
Greeley, Colorado 80632
Attention: Trevor Jiricek, Director of General Services
Bid Proposal for: SH 392 & WCR 74 INTERSECTION IMPROVEMENT PROJECT
PROPOSAL
Pursuant to and in full compliance with all Contract Documents the undersigned Bidder hereby proposes to furnish all
labor and materials and to perform all Work required for the complete and prompt execution of everything described or
shown in or reasonably implied from the Bidding Documents, including the Drawings and Specifications, for the Work
above indicated for the monies indicated below which includes all State, County and local taxes normally payable with
respect to such Work. The amounts stated include all allowances for profit and overhead, taxes, fees and permits,
transportation, services, tools and equipment, labor and materials and other incidental costs.
The Bidder and all Sub -Bidders shall include in their bid all Sales and Use Tax if applicable. State of Colorado and Weld
County tax shall not be included. Upon application, the State of Colorado Department of Revenue shall issue to a Bidder
or Sub -Bidder a Certificate or Certificates of Exemption indicating that the purchase of construction or building materials
is for a purpose stated in Section 39-26-114, CRS, and is free from Colorado State Sales Tax.
EXAMINATION OF DOCUMENTS AND SITE
The Bidder has carefully examined the Bidding Documents, including the Drawings and Specifications, and has
examined the site of the Work, so as to fully appraise himself of the conditions at the site and to gain a clear
understanding of the Work to be executed and is thoroughly familiar with all local, state and federal laws, ordinances,
rules, regulations and other factors affecting performance of the Work.
PROPOSAL GUARANTEE
This Bid Proposal is accompanied by the required Bid Bond of five percent (5%) based upon the Total Cost of all items
required to be Bid. Weld County, Colorado is authorized to hold said Bid Bond for a period of not more than sixty (60)
days after the opening of the Bids for the Work indicated, unless the undersigned Bidder is awarded the Contract within
said period, in which event the Owner may retain said Bid Bond until the undersigned Bidder has executed the required
Agreement and furnished the required Performance Bond, Labor & Materials Payment Bond, and Certificates of
Insurance.
TIME OF COMPLETION
The Bidder agrees to make his best effort to complete the entire Project as soon as possible and within the time
specified in the Project Special Conditions after the issuance of the Notice to Proceed subject to the CDOT Standard
Specifications for Road and Bridge Construction, Section 108.
EXECUTION OF DOCUMENTS
The Bidder understands that if this Bid Proposal is accepted, he must execute the required Agreement and furnish the
required Performance Bond, Labor & Materials Payment Bond and Insurance Certificates within ten (10) days from the
date of Notice of Award.
BID NO # B1700046 Page 14
METHOD OF AWARD
The Owner reserves the right to reject any Bid from any Bidder to complete the Work as specified regardless of the
amount of the Bid.
It is understood by the Bidder how Bids shall be awarded and that should the cost of the Bid exceed budgeted funds, the
Owner reserves the right to reject any or all Bids or portions of Work Bid or the use of any of the methods stated in the
Instructions to Bidders to obtain the most advantageous Bid price.
All bids will be reviewed by the Owner and Engineer. For any discrepancy between words and figures; the words will
control. All mathematics will be checked and the correct total used for determining the low bidder.
GENERAL NOTE
Buy America Certifications shall be provided prior to installation of any steel or iron products on this project.
BID NO # B1700046 Page 15
ITEM
NO.
BID SCHEDULE:
ITEM DESCRIPTION
UNIT
BID
QUANTITY
UNIT PRICE
(DOLLARS)
TOTAL PRICE
(DOLLARS)
201
Clearing and Grubbing
LS
1
202
Removal of Tree
EA
4
202
Removal of CMP
LF
370
202
Removal of RCP
LF
200
202
Removal of Asphalt Mat (Planing)
SY
10,441
202
Removal of Asphalt Mat (Planing)
(Special)
SY
8,386
202
Removal of Pavement Markings
SF
14,480
202
Removal of Ground Sign
EA
15
202
Removal of Fence
LF
9,868
203
Unclassified Excavation
(Complete in Place)
CY
33,055
203
Embankment (Complete in Place)
CY
15,377
203
(Emb R40)Embankment (Complete in Place)
CY
10,769
203
Muck Excavation
CY
11,236
203
Proof Rolling
HR
300
203
Backhoe
HR
25
203
Potholing
HR
25
206
Structure Excavation
CY
318
206
Structure Backfill (Flow -Fill)
CY
509
207
Topsoil (Stockpile and Redistribute)
CY
5,968
208
Erosion Log Type 1 (12 Inch)
LF
648
BID NO # B1700046
Page 16
ITEM
NO.
BID SCHEDULE:
ITEM DESCRIPTION
UNIT
BID
QUANTITY
UNIT PRICE
(DOLLARS)
TOTAL PRICE
(DOLLARS)
208
Silt Fence
LF
39,029
208
Concrete Washout Structure
EA
2
209
Dust Palliative (Magnesium Chloride)
GAL
1,000
210
Reset Mailbox Structure
EA
3
210
Reset Ground Sign
EA
6
211
Dewatering
DAY
42
212
Seeding (Native)
AC
10
212
Seeding (Special)
AC
3
213
Mulching (Weed Free Hay)
AC
10
216
Soil Retention Blanket
(Straw/Coconut)— Landlok S2BN or
Equivalent
SY
5,831
216
Turf Reinforcement Mat (Class 3)—
Pyramat or Equivalent
SY
5,831
304
Aggregate Base Course (Class 6)
TON
34,652
304
Aggregate Base Course
(Surface Gravel)
TON
2,538
304
Aggregate Base Course
(Shouldering)
CY
2,633
304
Aggregate Base Course (RAP)
SY
2,043
403
Hot Mix Asphalt (Patching)
(Asphalt)
TON
1,000
403
Hot Mix Asphalt (Grading SG)
(100) (PG 64-22)
TON
18,964
403
Hot Mix Asphalt (Grading S)
(100) (PG 76-28)
TON
3,614
403
Hot Mix Asphalt (Grading S)
(100) (PG 64-28)
TON
5,974
403
Hot Mix Asphalt (Grading SX)
(100) (PG 64-28)
TON
1,723
BID NO # B1700046
Page 17
ITEM
NO.
BID SCHEDULE:
ITEM DESCRIPTION
UNIT
BID
QUANTITY
UNIT PRICE
(DOLLARS)
TOTAL PRICE
(DOLLARS)
420
Geotextile (Reinforcement)
SY
15,567
506
Riprap (9 Inch)
CY
130
601
Concrete Class D (With Rebar)
CY
126
603
24 Inch Reinforced Concrete Pipe
(Complete In Place)
LF
40
603
30 Inch Reinforced Concrete Pipe
(Complete In Place)
LF
48
603
23x14 Inch Reinforced Concrete
Pipe Elliptical (Complete In Place)
LF
104
603
30x19 Inch Reinforced Concrete
Pipe Elliptical (Complete In Place)
LF
240
603
24 Inch Reinforced Concrete End
Section
EA
2
603
30 Inch Reinforced Concrete End
Section
EA
2
603
23x14 Inch Reinforced Concrete
End Section Elliptical
LF
4
603
30x19 Inch Reinforced Concrete
End Section Elliptical
EA
10
603
15 Inch Corrugated Steel Pipe
LF
240
603
24 Inch Corrugated Steel Pipe
LF
225
603
24 Inch Steel End Section
EA
2
603
12x3 Foot Concrete Box Culvert
(Precast)
LF
64
603
16x5 Foot Concrete Box Culvert
(Precast)
LF
144
607
Fence Barbed Wire with Metal Posts
LF
10,599
607
Fence (Plastic)
LF
300
607
12 Foot Gate
EA
2
612
Delineator (Type I)
EA
78
BID NO # B1700046
Page 18
ITEM
NO.
BID SCHEDULE:
ITEM DESCRIPTION
UNIT
BID
QUANTITY
UNIT PRICE
(DOLLARS)
TOTAL PRICE
(DOLLARS)
612
Delineator (Type II)
EA
9
612
Delineator (Flexible) (Type III)
EA
44
614
Sign Panel (Class I)
SF
113
614
Sign Panel (Class II)
SF
197
614
Steel Sign Posts (2x2 Inch Tubing)
LF
389
614
Steel Sign Support (2-1/2 Inch NP -40)
(Post)
LF
59
614
Steel Sign Support (2-1/2 Inch NP -40)
(Slipbase)
EA
6
614
Barricade (Type 3 F -D) (Permanent)
EA
3
620
Field Office (Class 1)
EA
1
620
Sanitary Facility
EA
2
621
Detour Pavement
SY
1,944
625
Construction Surveying
LS
1
626
Mobilization
LS
1
627
Epoxy Pavement Marking
GAL
271
627
Pavement Marking (Waterborne)
GAL
145
627
Preformed Plastic Marking
(Word -Symbol)
SF
1,457
629
Survey Monument (Type 4)
EA
4
630
Flagging
HR
2,188
630
Traffic Control Inspection
DAY
100
630
Traffic Control Management
DAY
50
BID NO # B1700046
Page 19
ITEM
NO.
BID SCHEDULE:
ITEM DESCRIPTION
UNIT
BID
QUANTITY
UNIT PRICE
(DOLLARS)
TOTAL PRICE
(DOLLARS)
630
Barricade (Type 3 M -B) (Temporary)
EA
48
630
Construction Traffic Sign
(Panel Size A)
EA
104
630
Construction Traffic Sign
(Panel Size B)
EA
18
630
Portable Message Sign Panel
DAY
600
630
Drum Channelizing Device
EA
58
630
Concrete Barrier (Temporary)
LF
640
700
F/A Minor Contract Revisions
F/A
1
$
200,000.00
$ 200,000.00
700
F/A Asphalt Pavement Incentive
F/A
1
$
100,000.00
$ 100,000.00
700
F/A Fuel Cost Adjustment
F/A
1
$
5,000.00
$ 5,000.00
700
F/A Asphalt Cement Cost Adjustment
F/A
1
$
10,000.00
$ 10,000.00
700
F/A On the Job Training
(HR)
320
$
2.00
$ 640.00
700
F/A Erosion Control
F/A
1
$
20,000.00
$ 20,000.00
NOTE: INCLUDE ALL FORCE ACCOUNT ITEMS IN TOTAL BID AMOUNT.
Total Bid (Dollars):
BID NO # B1700046
Page 20
ACCEPTANCE OF FUEL COST ADJUSTMENTS:
Bidders have the option to accept Fuel Cost Adjustments in accordance with the Revision of Section 109 — Fuel
Cost Adjustment. To accept this standard special provision, the bidder must fill in an "X" next to the "YES" below.
No Fuel Cost Adjustment will be made die to fuel cost changes for bidders who answer "NO". If neither line is
marked, the Department will assume the bidder resects Fuel Cost Adjustments for this project. After the bids are
submitted, bidders will not be given any other opportunity to accept or reject the adjustment.
YES, I choose to accept Fuel Cost Adjustments for this project.
NO, I choose NOT to accept Fuel Cost Adjustments for this project.
NOTE: The following are items of work to be completed by Weld County:
Materials Quality Acceptance Testing
Construction Inspection
Erosion Control Supervisor
RECEIPT OF ADDENDA
The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and
other Contract Documents.
Addendum No. Date: By:
Addendum No. Date: By:
Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule.
Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed.
The undersigned, by his or her signature, hereby acknowledges and represents that:
1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the
request for proposal for Request No. #B1700046
2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes.
3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal
sheets.
4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not
limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County,
together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld
County.
5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the
bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The
bid(s) may be awarded to more than one vendor.
FIRM BY
(Please print)
BUSINESS
ADDRESS
DATE
CITY, STATE, ZIP CODE
TELEPHONE NO FAX TAX ID #
SIGNATURE
E-MAIL
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION
NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 13.
BID NO # B1700046 Page 21
BID BOND
PROJECT: SH 392 & WCR 74 INTERSECTION IMPROVEMENT PROJECT
KNOW ALL MEN BY THESE PRESENTS, that
as
Principal, and as Surety, are hereby
held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of
Dollars ($ ), lawful money of the United States of
America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly to these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying
Bid dated , 20 for the SH 392 & WCR 74 INTERSECTION IMPROVEMENT PROJECT as set out in the
accompanying Bid.
WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either
a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid
Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction
if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not
as a penalty for the principal's failure to perform.
NOW THEREFORE, if the principal shall, within the period specified therefore:
A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in
accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be
required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said
Contract, or
B. Withdraw said Bid within the time specified, or
C. Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this
obligation shall be void and of no effect, otherwise to remain in full force and effect.
IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this
day of , 20 the name and
corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned
representative pursuant to authority of its governing board.
Principal
Address
ATTEST:
By:
By:
Surety
ATTEST: Address
By:
BID NO # B1700046 Page 22
INSTRUCTIONS
The full firm name and residence of each individual party to the bond must be inserted in the first paragraph.
If the principal is a partnership, the full name of all partners must be inserted in the first paragraph which must recite
that they are partners composing the partnership (to be named), and all partners must execute the bond as
individuals.
The state of incorporation of each corporate party to the bond must be inserted in the first paragraph and the
bond must be executed under the corporate seal of said party attested by its secretary or other authorized
officer.
Power of Attorney must accompany this bond when signed by other than an officer of either the principal or
surety.
A standard printed bond form may be used in lieu of the foregoing form provided that the security stipulations
protecting the Owner are not in any way reduced by use of such standard printed bond form.
BID NO # B1700046 Page 23
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Cheek appropriate box for fer.lerel taxclaxsilronlum:
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Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on the 'Name" line
to avoid backup withholding. For individuals, this is your social security number (SSN). Hoveever, for a
resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3 For other
entities, it is your employer identification number (EIN). II you do not have a number, see Nov) toget a
TIN on page 2
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose
number to enter.
Social suourity number
Employer identification number
Part II
Certification
Under penalties of perjury. I certify that:
1.
The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me}, and
2. I am not suhjaot to hookup withholding baoauoe: (a) I am exempt from backup withholding. or (b) I have, not haen notified by the internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interact or dividends, or (c) the IRS has notified me that I am
no longer subject 10 backup withholding, and
3. I am a Lr.S. citizen or other U.S. person (defined below), and
4. The FATCA code(s) entered on this lorm (if an indicating that I am exempt from FATCA reporting is correct.
Certification instructions, You must cross out item 2 shove if you have been notified by the IRS that you are currently subject to backup withholding
because you have tailed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage
interest paid. acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA)_ and
generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIfl. See the
instructions on page 3.
Sign Signature of
Here its. parson■
Date
General Instructions
Seulinn references err+ In the hilcrnal Revenue I;+xde untens otherr:ise ruder l -
Future developments. IN:, IPS has ore -lid a page 01lFts,llov for rrlrxnlatien
ahrrlil Fur -IV./ ll. at Inlilinlatlotl aLma! any 'mitre developments
aticcting I ore N! 9 fouch a; intllslatan cnnctcd all or .vit rcicasc it} ;rill be postal
on Owl pap_
Purpose of Form
A perxcrr rani is required 1u file an rnfurm more re urn Wilh the FS ritual olnlain your
roe ii ccl taxpaye=r ii e I rlilicalinn number (TIN) to repot I- In, axnnl i:Il e_ Irene: a pair) in
vOil, paynlcntsmad.1100,x1 In sctllcnlint nl paytnonlcaril and trill party nsNrork
transacllons, real estate Iransactwns. morlr,l-a a 'Merest you paid. acqusilwrt or
abnnclaralenl nf �ecurecP µroverty. .co henna li on rxi, iiriLs:liunx you inane
to Mn CA.
I leer Forum LV II only it you area 11.9. Forum (Indic -Iwo a IArirdnnt alirml. la
pruvrde your correct I IN to the person reetwellivt d (lhe requester) and.':then
applicable, to'.
1- l']erti y Ihn[ the TIN you are givinii is correct (or you are cvaitnr,l fur n number
to La: worried), -
2. Certify that you are Iart wblr:al to backup will-Ko ldu>'a, oo
s1. S elnr i:xcnlpllnn trout backup Vilthholdine If you art: cc V.S. cKOmpt pert cII
applicable, you are atxn cerlilyi rig That as a li 5. perarrn_ your allocable dire ut
any parine edup income: bun a 11.5. awls as hunmetis ii, nsrl :urbi rr:11❑ Ihr
w rthlx.ldini Inc ,err foie:iun partner A' :thane of effectively :::xmrrtrrl incxnne, and
1.. Certify that FATCA note;{s) r:nlnnal con Ihor tram (d any) indrilalinq that you are
i:xr:nrfA hnilt ilii: FA It A ri:pnrtiny. c-enecn.
Nate. II ycxi era a 114. 1rerslni, nod a rC.l uaxter pines y in, n form oilier than Fester
✓ J-9 lu re.lueau yrxir TILL, you rrrnMI nee Lire reyuesler'x form iI it r_: xuheanntialle
similar toile; Conn yJ fl.
Definition of a U.S. person. For teelcrul lax puwpikes, yrai arc consu:lcre:l auJ.S.
per sun I t vnxi are:
• Arrinrtisirltlal rho is aU.S_ citizen re, U.5. resides, alien,
• A pus hierxhip. corporation, :xanµnny. cr n:.x:,ciotn xr arealert cr ,xflanize,.l in the
ltidied Slain- or undue the lainof h un ltuind Slate n,
• AlI0;4a1.1 (ounc1 111511 a 1ori:i0il'slater. or
• A domestic trust )as defined in Regulations seclani 3111.77[11-7).
Special rules for partnerships. Pon ner.shipx that nimectuct a trade ,or business in
the Mined Slainare rite sutra lly reiluirni in pey a..AI-Il -illiinrl Fax rrnrinr isechraa
1446 on airy fa e:i gr }'.FHr1.iS' :tlrunre of effe.,:tive:ly tAxable inaSia: it an
such buaness. I Lather, in carton cases *Mere a I oral VU'tl has rapt been received,
the rules under sartlortl I44G re(lulre a partnersship to piewlllla ih'ai a parliler i a
foreign perxrsr, and pay Ire seelion ItiC :nilitrolding lax_ Therefore,. It year are in
Ikit, pxerrcon 111411 1;i n pawner in a partner:chip rsrndnchnll a bade on brrrirxex;r in Ihn
Crated Stairs. preside I arm 'N J to the- psrtncrslrp to dolt -blush your U.S, status
and avoid section 1440 vrdhhnlding en your share rri partnership income,
r;al. Flo. 10231N.
Firm W-9 1Rr.v, It ?0I,'it
BID NO # B1700046 Page 24
COLORADO DEPARTMENT OF TRANSPORTATION
ANTI -COLLUSION AFFIDAVIT
LA'A I :11':
I hereby attest that I am the person responsible within my firm for the final decision as to the prices} and amount 01 this
bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on
his or her behalf and on behalf of my firm.
I further attest that
1. The price(s) and amount of this bid have been arrived at independently. without consultation, communication or
agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder
or potential prime LAder.
2A. Neither the prices) nor the amount of this bid have been disclosed to any other firm or person who as a bidder or
potential prime bidder on this project, and will not be so disclosed prior to bid opening.
2B. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential grime bidder on
this project have been disclosed to me or my firm.
3A. No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to
refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-
competitive bid or other form of complementary bid.
3B. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder
on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project.
4. The bid of my firm is made in good faith and not pursuant to any consultation, communication. agreement or
discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom-
petitive or other form of complementary bid.
5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or
services from any firm or person, or offered, promised or paid cash or anything 01 value to any firm or person.
whether in connection with this or any other project, in consideration for an agreement or promise by any firm or
person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid
or agreeing or promising to do so on this project.
R. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or
services to any firm or person, and has not been promised or paid cash or anything at value by any firm or person,
whether in connection with bra or any other protect, in consideration for my firm's submitting any intentionally high,
noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project.
7. I have made a diligent inquiry of all members. officers, employees, and agents of my firm with responsibilities
relating to the preparation. approval or submission of try firm's bid on this project and have been advised by each of
them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or
other conduct inconsistent with any of the statements and representations made in this affidavit.
R. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent
concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this
contract
I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEL HEE. AND ANY OTHER. APPLICABLE STATE OR
FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST
OF MY KNOWLEDC3E,
.."CfLJ:,i., 11111 . .V:III2t.I!, IIY II':
t; -y
r. .
Title
.. I .. rn,I I S IIAa i i,iyrljttll l�'�al:- i, will ':Mll:r'- j
I:.v
GPI:
.III,
Sworn to before me this day of. 20
I.,,,,IV Pk Iti..r,_
NOTE: This document must be signed in ink.
COOT Form f1606 1104
BID NO # B1700046
Page 25
COLORADO DEPARTMENT OF TRANSPORTATION
BIDDERS LIST
Project Name and Number
Project Code
Proposal Date
Contractor
Region
SubcontractorsfSupplierslVendors: The bidder must list all firms seeking to participate on the contract. This information is used by the
Colorado Department of Transportation (CDOT) lo determine overall goals for the Disadvantaged Business Enterprise Program. Failure to
submit this form may result in the proposal being rejected.
Firm Name
Email
Work Proposed
(Select all that apply)
DBE
(W )
Selected
(Y/N)
I certify that the information provided herein is true and correct to the best of my knowledge.
Name
Signature/Initials
Title
Date
Work Proposed Categories: 11. Structural Steel and Steel ReinfDrcement 21. Clearing. Demolition. Excavation and
1. Mate/in/5. and Supplies 12. Riprap and Anchcred RetainrngWafrs EaItwork
2. Rag€ging8rd Traffic Cnntrot 13. Landscape and Erosion Gnn00oi 22. Enginestingand Sa''rreyrng Services
3. Trucking and Hauling 14. Bridge and Bridge Deck Canstrrmction 23. Public Re?ations and 1nvohrement
4. Precast Concrete. Foundations. anel 1.5. Asphalt Parting 24. Pilesarid Deep Faundations
Footings 16. Road and Parking Lot l! Parking 25. Waste ,h.•fanagement and Recycling
5. Concrete Paving. Hat -work and Repair 17. Chip Seal. Crack Seal. Joint Seal and 26. Site Clean Up
E. Lighting and Elecfrrcar CrackFirr 27. Riechanrcatand HVAC
7. Signs. Signaltns-taliation. and Guardrail 16. Bridge Fainting and Coating 23. Tunnel Constructian
S. Fencing 15. Stac�:ray and Ornamentar Metal 25. ProrMng and Grinding
5. Bttirdrngs and Vel/icai S.'trcturas 20. Panning Lots and Commercial Sidaaalks 30. EnviranmmentatHealth and Safety
10. Utility. Wafer and Set er Lines
This form must be submitted by the proposal deadline. For COOT projects, submit to cdot_hq_dbeforms instate.co.us.
CDOT Form #1413 01114
BID NO # B1700046
Page 26
COLORADO DEPARTMENT OF TRANSPORTATION
ANTICIPATED DBE PARTICIPATION PLAN
Bidder:
Project
Contact:
Project Code:
Phone:
Date of Proposal
Email:
Contract Goal:
Preferred Contact Method: I
Region:
DBE Commitments
DBE Firm Name
Work to Be Performed
Commitment
Amount
Eligible
Participation
Total Eligible Participation
Total Bid Amount
Total Eligible Participation Percentage
Bidder Signature
This section must be signed by an individual with the authority to bind the Bidder. By signing this form; as an authorized
representative of the Bidder, you declare under penalty of perjury in the second degree and any other applicable state or federal laws
that the statements made in this document are true and complete to the best your knowledge. Further, you attest that you have read
the Standard Special Provision Disadvantaged Business Enterprise Requirements and understand the following:
CDOT shall not award a contract until it has been determined that the contract goal has been met or that you have otherwise
demonstrated good cause. Once your proposal has been submitted, commitments may not be modified or terminated without the
approval of CDOT. If selected as the lowest apparent bidder; you shall submit a Form 1415 for each commitment listed above. If you
have not met the contract goal, you will also be required to submit documentation of all good faith efforts to meet the contract goal.
It is your responsibility to ensure that the selected DBEs are certified for the work to be performed and that their eligible participation
has been properly counted. For additional information and instructions on calculating eligible participation, see the Standard Special
Provision Disadvantaged Business Enterprise Requirements
Name
Title
Signature
Date
This form must be submitted by the proposal deadline. For CDOT projects, submit to cdot_hq_dbeforms@state.co.us.
Civil Rights and Business Resource Center CDOT Form # 1414 01/14
BID NO # B1700046
Page 27
NOTICE OF AWARD
PROJECT: SH 392 & WCR 74 INTERSECTION IMPROVEMENT PROJECT
To:
Project Description: SH 392 & WCR 74 INTERSECTION IMPROVEMENT PROJECT
The project in general consists of realigning an existing intersection and widening and improving existing roadways.
The project includes but is not limited to the following work items: unclassified excavation (33,055 CY),
embankment (26,146 CY), aggregate base course (39,823 Tons), hot mix asphalt (31,275 Tons), and the installation
of 16'x5' reinforced concrete box culverts (144 LF).
The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for
Bids and Instructions to Bidders.
You are hereby notified that your Bid has been accepted in the amount of $ or as shown in the Bid
Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish the required
Performance Bond, Payment Bond and Certificates of Insurance within five (5) calendar days from the date of this
Notice to you.
If you fail to execute said Agreement and to furnish said Bonds within five (5) days from the date of this Notice, said
Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned.
The Owner will be entitled to such other rights as may be granted by law.
You are required to return an acknowledged copy of this Notice of Award to the Owner.
Dated this
day of ,20
Weld County, Colorado, Owner
By:
Mike Bedell, P.E., Senior Engineer
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by
(Contractor)
Dated this day of , 20_
By: Title:
BID NO # B1700046 Page 28
WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES
BETWEEN WELD COUNTY &
SH 392 & WCR 74 INTERSECTION IMPROVEMENT PROJECT
THIS AGREEMENT is made and entered into this day of , 20 , by and between the
County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County
Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County,"
and , [an individual], [a limited liability partnership] [a limited liability company] [a
corporation], who whose address is , hereinafter referred
to as "Contractor".
WHEREAS, the intersection of State Highway 392 and Weld County Road 74 is in need of improvement as
a result of substandard geometry and increased traffic, (hereinafter referred to as the "Project"), and
WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the
improvements of this intersection, and
WHEREAS, County requires an independent contract construction professional to perform the construction
services required by County and set forth in Exhibit A;
WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Construction
Services at or below the cost set forth in Exhibit B;
WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill,
expertise, and experience necessary to provide the equipment, materials and services as set forth below;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties
hereto agree as follows:
1. Introduction.
The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B,
each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this
reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and
B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those
requirements.
Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B ". The
RFB contains all of the specific requirements of the County.
Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms
Contractor's obligations under this Agreement.
2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for
the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform
and complete the Project described in Exhibit A which is attached hereto and incorporated herein by
reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated
supervisory personnel, (the "Manager"), to perform the services described on attached Exhibits A and B.
Contractor shall faithfully perform the work in accordance with the standards of professional care, skill,
training, diligence and judgment provided by highly competent Contractors performing construction services
of a similar nature to those described in this Agreement. Contractor shall further be responsible for the
timely completion, and acknowledges that a failure to comply with the standards and requirements of
Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold
payment or to terminate this Agreement. In its sole discretion, the County, by the Director of the
Department of Public Works or his or her designee, may extend the time for the Contractor to complete the
service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to
BID NO # B1700046 Page 29
be paid to the Contractor nor change any other term herein.
3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and
shall continue through and until Contractor's completion of the responsibilities described in Exhibits A and B.
Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit
County from entering into Agreements which bind County for periods longer than one year. Therefore, within
the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it
wishes to renew this Contract.
4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days
written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material
breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the
right to provide materials (or services) under this Agreement beyond the time when such materials (or
services) become unsatisfactory to the County.
If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation
shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have
been approved by the County; (2) the reasonable value to County of the materials which Contractor
provided prior to the date of the termination notice, but which had not yet been approved for payment; and
(3) the cost of any work which the County approves in writing which it determines is needed to accomplish
an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to
this Agreement upon termination.
Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by
County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to
County all drawings, drafts or other documents it has completed or partially completed under this
Agreement, together with all other items, materials and documents which have been paid for by County, and
these items, materials and documents shall be the property of County. Copies of work product incomplete
at the time of termination shall be marked "DRAFT -INCOMPLETE."
Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever
against the County by reason of such termination or by reason of any act incidental thereto, except for
compensation for work satisfactorily performed and/or materials described herein properly delivered.
5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed
by both parties. No additional services or work performed by Contractor shall be the basis for additional
compensation unless and until Contractor has obtained written authorization and acknowledgement by
County for such additional services. Accordingly, no claim that the County has been unjustly enriched by
any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any
increase in the compensation payable hereunder.
6. Compensation/Contract Amount. Upon Contractor's successful completion of the construction of the
Project, and County's acceptance of the same, County agrees to pay an amount no greater than $
which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be
made by County unless a "change order" authorizing such additional payment has been specifically
approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of
County Commissioners, as required pursuant to the Weld County Code. Any other provision of this
Agreement notwithstanding, in no event shall County be liable for payment for services rendered and
expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of
the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that
specifically authorized by County is performed at Contractor's risk and without authorization under this
Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other
than the compensation stated herein.
County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to
be solely responsible for the accurate reporting and payment of any taxes related to payments made
pursuant to the terms of this Agreement.
BID NO # B1700046 Page 30
Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations
under this Agreement after, nor shall any payments be made to Contractor in respect of any period after
December 31 of any year, without an appropriation therefore by County in accordance with a budget
adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado
Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR
Amendment (Colorado Constitution, Article X, Sec. 20)
7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's
officers, agents or employees will not become employees of County, nor entitled to any employee benefits
from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as
an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and
employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not
entitled to unemployment insurance or workers' compensation benefits through County and County shall not
pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor
shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable)
incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind
County to any agreement, liability or understanding, except as expressly set forth in this Agreement.
8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon
the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor
agreements for the completion of this Project without County's prior written consent, which may be withheld
in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel
assigned to the subject Project during the performance of this Agreement and no personnel to whom
County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall
require each subcontractor, as approved by County and to the extent of the Services to be performed by the
subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor
all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County.
County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any
subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be
responsible for the acts and omissions of its agents, employees and subcontractors.
9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order
shall become or remain (as applicable), the property of County. In addition, all reports, data, plans,
drawings, records and computer files generated by Contractor in relation to this Agreement and all reports,
test results and all other tangible materials obtained and/or produced in connection with the performance of
this Agreement, whether or not such materials are in completed form, shall at all times be considered the
property of the County. Contractor shall not make use of such material for purposes other than in
connection with this Agreement without prior written approval of County.
10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the
main bid submittal, clearly denoting in red on the financial information at the top the word,
"CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with
the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the
confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential
information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to
any other person or entity without seeking written permission from the County. Contractor agrees to advise
its employees, agents, and consultants, of the confidential and proprietary nature of this confidential
information and of the restrictions imposed by this agreement.
11. Warranty. Contractor warrants that construction services performed under this Agreement will be
performed in a manner consistent with the professional construction standards governing such services and
the provisions of this Agreement. Contractor further represents and warrants that all construction services
shall be performed by qualified personnel in a professional and workmanlike manner, consistent with
industry standards, and that all construction services will conform to applicable specifications.
In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant
to this Agreement is subject to a one year warranty period during which Contractor must correct any failures
or deficiencies caused by contractor's workmanship or performance. This warranty shall commence on the
date of County's final inspection and acceptance of the Project.
BID NO # B1700046 Page 31
12. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County
originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of
reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve
Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall
any action by County hereunder constitute or be construed to be a waiver by County of any breach of this
Agreement or default which may then exist on the part of Contractor, and County's action or inaction when
any such breach or default shall exist shall not impair or prejudice any right or remedy available to County
with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more
covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other
breach. Acceptance by the County of, or payment for, the construction completed under this Agreement
shall not be construed as a waiver of any of the County's rights under this Agreement or under the law
generally.
13. Insurance and Indemnification.
General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution
of any agreement or commencement of any work, the following insurance covering all operations, goods or
services provided pursuant to this request. Contractors/Contract Professionals shall keep the required
insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and
during any warranty period. The required insurance shall be underwritten by an insurer licensed to do
business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid
provision or endorsement stating "Should any of the above -described policies by canceled or should any
coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the
Weld County Director of General Services by certified mail, return receipt requested. Such written notice
shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums
for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured
retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional
shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to
require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the
deductible or self -insured retention to guarantee payment of claims.
The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements
do not decrease or limit the liability of Contractor/Contract Professional. The County in no way warrants
that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might
arise out of the performance of the work under this Contract by the Contractor, its agents, representatives,
employees, or subcontractors. The Contractor is not relieved of any liability or other obligations assumed or
pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts,
duration, or types. Any modification to these requirements must be made in writing by Weld County.
The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall
be responsible for the professional quality, technical accuracy, and quantity of all construction services
provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor
and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other
deficiencies.
Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and
employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character
arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or
amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor
to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully
responsible and liable for any and all injuries or damage received or sustained by any person, persons, or
property on account of its performance under this Agreement or its failure to comply with the provisions of
the Agreement, or on account of or in consequence of neglect of the Contractor in its construction methods
or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or
recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph
shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary
loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of
the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its
associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees,
BID NO # B1700046 Page 32
agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure
to comply with this provision shall result in County's right to immediately terminate this Agreement.
Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the
term of any Agreement, insurance in the following kinds and amounts:
Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance
covering all of the Contractor's Contract Professional's employees acting within the course and scope of
their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall
not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND
when such Contractor or subcontractor executes the appropriate sole proprietor waiver form.
Commercial General Liability Insurance written on ISO occurrence form CG 00 01 equivalent, covering
premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage,
independent Contractors, products and completed operations, blanket contractual liability, personal injury, and
liability assumed under an insured contract. The policy shall be endorsed to include 1) the Additional
Insured Endorsements CG 2010 (or equivalent), 2) CG 2037 Additional Insured for products/completed
operations, and 3) the Designated Construction Projects General Aggregate Endorsement CG 2503. The
policy shall be endorsed to include the following additional insured language on the additional insured
endorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities,
successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an
additional insured with respect to liability and defense of suits arising out of the activities performed by, or
on behalf of the Contractor, including completed operations" and the minimum limits must be as follows:
$1,000,000 each occurrence;
$2,000,000 general aggregate;
$2,000,000 products and completed operations aggregate;
$1,000,000 Personal Advertising injury
Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per
person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all
vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned
vehicles used in the performance of this Contract.
Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution
of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be
extended as herein provided, a commercial general liability insurance policy, including public liability and
property damage, in form and company acceptable to and approved by said Administrator, covering all
operations hereunder set forth in the related Bid or Request for Proposal.
Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a
certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator
in his sole discretion.
Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability,
and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured.
Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive
subrogation rights against County.
Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors, suppliers or
other entities providing goods or services required by this Agreement shall be subject to all of the
requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract
Professional. Contractor/Contract Professional shall include all such subcontractors, independent
Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all
subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof
BID NO # B1700046 Page 33
of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities
upon request by the County.
14. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim
thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its
rights hereunder without such prior approval by County shall, at the option of County, automatically
terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at
the sole and absolute discretion of County.
15. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized
representative of County, including the County Auditor, shall have access to and the right to examine and
audit any books, documents, papers and records of Contractor, involving all matters and/or transactions
related to this Agreement. The Contractor agrees to maintain these documents for three years from the date
of the last payment received.
16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to
deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause
beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes
or Governmental actions.
17. Notices. County may designate, prior to commencement of work, its project representative ("County
Representative") who shall make, within the scope of his or her authority, and all necessary and proper
decisions with reference to the project. All requests for contract interpretations, change orders, and other
clarification or instruction shall be directed to County Representative. The County Representative for
purposes of this Agreement is hereby identified as, Mike Bedell, Senior Engineer. All notices or other
communications (including annual maintenance made by one party to the other concerning the terms and
conditions of this contract shall be deemed delivered under the following circumstances:
a) personal service by a reputable courier service requiring signature for receipt; or
b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed
to a party at the address set forth in this contract; or
c) electronic transmission via email at the address set forth below, where a receipt or
acknowledgment is required by the sending party; or
d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment
is required by the sending party.
Either party may change its notice address(es) by written notice to the other.
Notification Information:
Contractor:
Attn.: President,
Address:
Address:
E-mail:
Facsimile:
With copy to:
Name:
Position:
Address:
Address:
E-mail:
Facsimile:
County:
BID NO # B1700046 Page 34
Name: Mike Bedell, P.E.
Position: Senior Engineer
Address: P.O. Box 758
Address: 1111 H Street, Greeley, CO. 80632-758
E-mail: cparrott@weldgov.com
Facsimile: (970) 304-6497
18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and
regulations in effect or hereafter established, including without limitation, laws applicable to discrimination
and unfair employment practices.
19. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other
Contractors or persons to perform services of the same or similar nature.
20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated
herein, contains the entire agreement between the parties with respect to the subject matter contained in
this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or
agreements with respect to the subject matter contained in this Agreement. This Agreement may be
changed or supplemented only by a written instrument signed by both parties.
21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent
upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this
Agreement by County does not create an obligation on the part of County to expend funds not otherwise
appropriated in each succeeding year.
22. Employee Financial Interest/Conflict of Interest - C.R.S. §§24-18-201 et seq. and §24-50-507. The
signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal
or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement.
County has no interest and shall not acquire any interest direct or indirect, that would in any manner or
degree interfere with the performance of Contractor's services and Contractor shall not employ any person
having such known interests. During the term of this Agreement, Contractor shall not engage in any in any
business or personal activities or practices or maintain any relationships which actually conflicts with or in
any way appear to conflict with the full performance of its obligations under this Agreement. Failure by
Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate
termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall
serve on a County Board, committee or hold any such position which either by rule, practice or action
nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor.
23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without
such provision, to the extent that this Agreement is then capable of execution within the original intent of the
parties.
24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the
Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved
to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or benefits under
this Agreement shall be an incidental beneficiary only.
26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it
has been approved by the Board of County Commissioners of Weld County, Colorado or its designee.
BID NO # B1700046 Page 35
27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be
applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or
incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and
void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District
Court shall have exclusive jurisdiction to resolve said dispute.
28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does
not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor
will confirm the employment eligibility of all employees who are newly hired for employment in the United
States to perform work under this Agreement, through participation in the E -Verify program of the State of
Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ
or contract with an illegal alien to perform work under this Agreement or enter into a contract with a
subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify
Program or State of Colorado program procedures to undertake pre -employment screening or job
applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a
subcontractor performing work under the public contract for services knowingly employs or contracts with an
illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has
actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate
the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three
(3) days of receiving notice. Contractor shall not terminate the contract if within three days the
subcontractor provides information to establish that the subcontractor has not knowingly employed or
contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an
investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and
Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty
days after hiring a new employee to perform work under the contract, affirm that Contractor has examined
the legal work status of such employee, retained file copies of the documents, and not altered or falsified the
identification documents for such employees. Contractor shall deliver to County, a written notarized
affirmation that it has examined the legal work status of such employee, and shall comply with all of the
other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of
this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so
terminated, Contractor shall be liable for actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor
receives federal or state funds under the contract, Contractor must confirm that any individual natural
person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-
76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates
as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United
States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of
the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms
of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract.
29. Official Engineering Publications. Contractor acknowledges and agrees that the Colorado Department of
Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of
Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by
Contractor under this Agreement, and Contractor agrees to meet or exceed all standards set by these
publications. Contractor further acknowledger and agrees that a failure to meet the standards set by these
publications may result in withholding by County of some or all of the Contract Amount.
30. Compliance with Davis -Bacon Wage Rates. Contractor understands and agrees that, if required by the
provisions of Exhibit A, the work shall be in compliance with the Davis- Bacon Wage Rates. (If compliance
with this statute is required by County under this Agreement, a copy of the information is contained in
Exhibit A, County's Request for Bid, and is a part this Agreement.)
31. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this
Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or
legal costs incurred by or on its own behalf.
32. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial
BID NO # B1700046 Page 36
body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be
null and void.
Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and
agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B,
is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior
agreements, oral or written, and any other communications between the parties relating to the subject matter of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of
,20 .
CONTRACTOR:
By:
Name:
Title:
WELD COUNTY:
ATTEST:
Date:
BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
BY:
Deputy Clerk to the Board Julie Cozad, Chair
APPROVED AS TO FUNDING: APPROVED AS TO SUBSTANCE:
Controller Elected Official or Department Head
APPROVED AS TO FORM:
County Attorney Director of General Services
BID NO # B1700046 Page 37
PERFORMANCE BOND
(PAGE 1 OF 2)
PROJECT: SH 392 & WCR 74 INTERSECTION IMPROVEMENT PROJECT
KNOW ALL MEN BY THE PRESENTS; that
(Name of Contractor)
(Address of Contractor)
, hereinafter called
Contractor, and a (Corporation, Partnership, or Individual)
(Name of Surety)
(Address of Surety)
hereinafter called surety, are held and firmly bound unto
Weld County, Colorado
(Name of Owner)
P.O. Box 758, 1111 H Street, Greeley, Colorado 80632
(Address of Owner)
hereinafter called Owner, in the penal sum of Dollars, ($ ),
in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind
ourselves, successors and assigns, jointly and severally firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a
certain Contract with the Owner, dated the day of , 20 , a copy of which is hereto attached
and made a part hereof for the construction of:
PROJECT: SH 392 & WCR 74 INTERSECTION IMPROVEMENT PROJECT described in the Invitation for Bids, Bid No.
B1700046.
NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants,
terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which
may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he
shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the
Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the
Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void;
otherwise to remain in force and effect.
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension
of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications
accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications.
BID NO # B1700046 Page 38
PERFORMANCE BOND
(PAGE 2 OF 2)
PROJECT: SH 392 & WCR 74 INTERSECTION IMPROVEMENT PROJECT
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any
beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an
original, this
day of , 20 .
(Contractor) Secretary
(SEAL)
Contractor
By
(Witness as to Contractor) (Address)
(Address)
ATTEST:
(Surety) Secretary
(SEAL)
By
Witness as to Surety Attorney -in -Fact
(Address) (Address)
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute
Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular
570 as amended) and be authorized to transact business in the State where the Project is located.
BID NO # B1700046 Page 39
LABOR & MATERIALS PAYMENT BOND
(PAGE 1 OF 2)
PROJECT: SH 392 & WCR 74 INTERSECTION IMPROVEMENT PROJECT
KNOW ALL MEN BY THE PRESENTS; that
(Name of Contractor)
(Address of Contractor)
, hereinafter called
Contractor, and a (Corporation, Partnership, or Individual)
(Name of Surety)
(Address of Surety)
hereinafter called surety, are held and firmly bound unto
Weld County, Colorado
(Name of Owner)
P.O. Box 758, 1111 H Street, Greeley, Colorado 80632
(Address of Owner)
hereinafter called Owner, in the penal sum of
Dollars ($ ),
in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind
ourselves, successors and assigns, jointly and severally firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a
certain Contract with the Owner, dated the day of , 20 ,
a copy of which is hereto attached and made a part hereof for the construction of:
PROJECT: SH 392 & WCR 74 INTERSECTION IMPROVEMENT PROJECT described in the Invitation for Bids,
Bid No. B 1700046.
NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and
corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and
any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs
on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all
insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise,
then this obligation shall be void,; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension
of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications
accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications.
BID NO # B1700046 Page 40
LABOR & MATERIALS PAYMENT BOND
(PAGE 2 OF 2)
PROJECT: SH 392 & WCR 74 INTERSECTION IMPROVEMENT PROJECT
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any
beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an
original,
this day of , 20 .
Contractor
By
(Contractor) Secretary
(SEAL)
(Witness as to Contractor) (Address)
(Address)
ATTEST:
(Surety) Secretary
(SEAL)
By
Witness as to Surety Attorney -in -Fact
(Address) (Address)
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute
Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular
570 as amended) and be authorized to transact business in the State where the Project is located.
BID NO # B1700046 Page 41
NOTICE TO PROCEED
PROJECT: SH 392 & WCR 74 INTERSECTION IMPROVEMENT PROJECT
To: Date:
Name of Project:
PROJECT: SH 392 & WCR 74 INTERSECTION IMPROVEMENT PROJECT described in the Invitation for Bids,
Bid No. B 1700046.
You are hereby notified to commence Work in accordance with the Agreement dated . The date of
completion of all Work is therefore
By
Mike Bedell, P.E., Senior Engineer
Weld County, Colorado, Owner
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed
is hereby acknowledged by:
(Contractor)
Dated this day of , 20 .
By
Title
BID NO # B1700046 Page 42
CHANGE ORDER NO. (EXAMPLE)
PROJECT: SH 392 & WCR 74 INTERSECTION IMPROVEMENT PROJECT
Date:
PROJECT: SH 392 & WCR 74 INTERSECTION IMPROVEMENT PROJECT described in the Invitation for Bids,
Bid No. B 1700046
Owner: Weld County, Colorado
Contractor:
The following change is hereby made to the Contract Documents:
CHANGE TO CONTRACT PRICE:
Original Contract Price:
Current Contract Price adjusted by previous Change Order:
The Contract Price due to this Change Order will be increased by:
The New Contract Price, including this Change Order, will be:
CHANGE TO CONTRACT TIME:
The Contract Time will be increased by calendar days.
The date for completion of all Work will be
RECOMMENDED:
Owner Representative:
Mike Bedell, P.E. (Senior Engineer)
APPROVALS:
CONTRACTOR:
Name: Date:
Title:
Date:
BID NO # B1700046 Page 43
WELD COUNTY:
ATTEST:
Weld County Clerk to the Board
BY:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Deputy Clerk to the Board Julie Cozad, Chair
APPROVED AS TO FUNDING: APPROVED AS TO SUBSTANCE:
Controller Elected Official or Department Head
APPROVED AS TO FORM:
County Attorney Director of General Services
BID NO # B1700046 Page 44
CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJECT: SH 392 & WCR 74 INTERSECTION IMPROVEMENT PROJECT described in the Invitation for Bids,
Bid No. B 1700046.
Contractor:
Contract For: SH 392 & WCR 74 INTERSECTION IMPROVEMENT PROJECT described in the Invitation for Bids,
Bid No. B1700046. Contract Dated:
This Certificate of Substantial Completion applies to all Work under the Contract Documents except for the following
specified parts thereof:
The Work to which this Certificate applies has been inspected by authorized representatives of the Owner, Contractor
and Engineer, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents
on
Date of Substantial Completion
A list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to
include an item in it does not alter the responsibility of the Contractor to complete all the Work in accordance with the
Contract Documents. The items in the list shall be completed or corrected by the Contractor within 14 days of the
above date of Substantial Completion.
To be effective, this form must be signed by the Owner, the Engineer, and the Contractor.
Owner: Date:
Engineer: Date:
Contractor: Date:
BID NO # B1700046 Page 45
LIEN WAIVER (GENERAL CONTRACTOR)
PROJECT: SH 392 & WCR 74 INTERSECTION IMPROVEMENT PROJECT
TO: Weld County Public Works
Attn: Mike Bedell, P.E., Senior Engineer
P.O. Box 758
Greeley, Colorado 80632
Gentlemen:
For a valuable consideration paid by the Board of County Commissioners of Weld County, the receipt and sufficiency of
which is hereby acknowledged, the undersigned hereby, releases unto Weld County and to its heirs, executors,
administrators or assigns, all rights of the undersigned to claim a mechanic's lien for material heretofore furnished for use
in and for labor heretofore performed upon the construction, alteration, addition to or repair of the structures or
improvements described in the Contract Documents as:
PROJECT: SH 392 & WCR 74 INTERSECTION IMPROVEMENT PROJECT described in the Invitation for Bids,
Bid No. B 1700046.
Contractor:
(If no legal description is shown following the description of Project, we acknowledge that the foregoing is an adequate
description of the real properties and improvements inasmuch as the foregoing is the description given in the Contract
Documents which govern the performance of the Work for which consideration has been received.)
In executing this release, we certify that all claims for labor, or materials, or both, furnished or performed on our behalf by
our material suppliers or subcontractors have been paid or that satisfactory arrangement for payment has been made.
We agree to defend Weld County from any and all claims on the part of our material suppliers, laborers, employees,
servants and agents or subcontractors arising from our Work on the Project, and we further agree to reimburse the
Board of County Commissioners of Weld County for any and all costs, including reasonable attorney fees, which they
may incur as a result of such claims.
Contractor
By:
Title:
Date:
STATE OF
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20 ,
by
My commission expires:
Notary Public
BID NO # B1700046 Page 46
FINAL LIEN WAIVER (SUBCONTRACTORS)
PROJECT: SH 392 & WCR 74 INTERSECTION IMPROVEMENT PROJECT
To All Whom It may Concern:
WHEREAS, the undersigned has been employed by (A)
to furnish labor and materials for (B)
work, under a contract (C)
for the improvement of the premises
described as (D)
County of
, State of of which
is the Owner.
NOW, THEREFORE, this day of , 20,
for and in consideration of the sum of (E)
Dollars paid simultaneously herewith, the receipt whereof is hereby acknowledged by the undersigned, the
undersigned does hereby waive and release any lien rights to, or claim of lien with respect to and on said above
described premises, and the improvements thereon, and on the monies or other considerations due or to become due
from the Owner, on account of labor, services, material, fixtures, apparatus or machinery heretofore or which may
hereafter be furnished by the undersigned to or for the above described premises by virtue of said contract.
(F) (SEAL)
(Name of sole ownership, corporation or partnership)
(Affix Corporate seal here)
(SEAL)
(Signature of Authorized Representative)
Title:
INSTRUCTIONS FOR FINAL WAIVER
(A) Person or firm with whom you agreed to furnish either labor, or services, or materials, or both.
(B) Fill in nature and extent of work; strike the word labor or the word materials if not in your contract.
(C) If you have more than one contract on the same premises, describe the contract by number if available, date
and extent of work.
(D) Furnish an accurate enough description of the improvement and location of the premises so that it can be
distinguished from any other property.
(E) Amount shown should be the amount actually received and equal to total amount of contract as adjusted.
(F) If waiver is for a corporation, corporate name should be used, corporate seal affixed and title of officer signing
waiver should be set forth; if waiver is for a partnership, the partnership name should be used, partner should
sign and designate himself as partner.
BID NO # B1700046 Page 47
NOTICE OF FINAL ACCEPTANCE
PROJECT: SH 392 & WCR 74 INTERSECTION IMPROVEMENT PROJECT
TO: Date:
RE: PROJECT: SH 392 & WCR 74 INTERSECTION IMPROVEMENT PROJECT described in the Bid No.
B1700046.
This is to inform you that the above referenced job, has been satisfactorily completed in accordance with the Contract
Documents and is hereby accepted. Final payment will be made on or about
Final acceptance does not relieve the Contractor of the minimum one (1) year guarantee on all work and
materials incorporated into this Project. Such guarantee shall begin on the date of this acceptance.
By:
Mike Bedell, P.E., Senior Engineer
Weld County, Colorado, Owner
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed
is hereby acknowledged by:
Dated this day of , 20_
By
(Contractor)
Title
BID NO # B1700046 Page 48
COLORADO DEPARTMENT OF TRANSPORTATION
CONTRACTORS PERFORMANCE CAPABILITY STATEMENT
Project #
1 List names of partnerships or joint ventures ri none
2. List decreases in the contractors fiscal or workmanship qualifications compared to the last prequalificaticn statement
submitted to CDOT_ (Attach additional sheets if necessary )
a Key personnel changes C none
P Key equipment changes 0 none
c Fiscal capability charges (legal actions, etc,) r none
d. Other changes that may effect the contractors ability to perform work. fl none
I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE
OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND CORRECT TO THE
REST OF MY KNOWLEDGE
Contractor's firm or company name
By
pate
Title
2nd Contractor's firm or company name (ifjoint venture)
By
Date
Title
CDOT Form #645 1192
BID NO # B1700046
Page 49
COLORADO DEPARTMENT OF TRANSPORTATION
ASSIGNMENT OF ANTITRUST CLAIMS
Contractor and Colorado Department of Transportation (CDOT) recognize that in actual economic practice
antitrust violations ultimately impact on CDOT. Therefore, for good cause and as consideration for executing this
contract and for receiving payments hereunder -
1. Contractor hereby irrevocably assigns to COOT any and all claims it may now have or which may hereafter
accrue to it under federal or state antitrust laws in connection with the particular project, goods or services
purchased or acquired by CDCT pursuant to this contract.
2. Contractor hereby expressly agrees
a. That, upon becoming aware that a third party has commenced a civil action asserting on Contractor's
behalf an antitrust claim which has been assigned to COOT hereunder, Contractor shall immediately
advise in writing
(1) Such third party that the antitrust claim has been assigned to COOT, and
(2) COOT that such civil action is pending and of the date on which, in accordance with subparagraph
a- (1) above, Contractor notified such third party that the antitrust claim had been assigned to COOT;
b. To take no action which will in any way diminish the value of the claims or rights assigned or dedicated
to COOT hereunder; and
o Promptly to pay over to CDOT its proper share of any payment under an antitrust claim brought on
Contractor's behalf by any third party and which claim has been assigned to COOT hereunder.
3. Further, Contractor agrees that in the event it hires one or mare subcontractors to perform any of its duties
under the contract, Contractor shall require that each such subcontractor:
a, Irrevocably assign to CDOT (as a third party beneficiary) any and all claims that such subcontractor may
have or which may thereafter accrue to the subcontractor under federal or state antitrust laws in connec-
tion with any goods or services provided by the subcontractor in carrying out the subcontractor's obliga-
tions to Contractor;
b. Upon becoming aware that a third party has commenced a civil action on the subcontractor's behalf
asserting an antitrust claim which has been assigned to COOT hereunder, shall immediately advise in
writing:
(1) Such third party that the antitrust claim has been assigned to COOT, and
(2) Contractor and CDOT that such civil action is pending and of the date on which, in accordance with
subparagraph b (1) above, the subcontractor notified such third party that the antitrust claim had
been assigned to COOT:
c Take no action which will in any way diminish the value of the claims or rights assigned or dedicated to
COOT hereunder; and
d. Promptly pay over to CDOT its proper share of any payment under an antitrust claim brought en the
subcontractor's behalf by any third party and which claim has been assigned or dedicated to ODOT
pursuant hereto.
I, acting in my capacity as officer of a bidder (bidders if a joint venture) do agree to the above assignment of
antitrust claims.
Tit
'ntl ontca�, tcrc `,-� c -camp ;i naflic i ,c,ntvc .c
Dale
Tr:
CBOT Form 8&21 12191
BID NO # B1700046
Page 50
COLORADO DEPARTMENT OF TRANSPORTATION
COMMITMENT CONFIRMATION
SECTION 1. This section must be completed by the Contractor.
Project:
Project Code:
Bidder/Contractor,
Phone:
Contact
Email,
DBE Firm Name:
DBE Phone:
DBE Address:
DBE Email:
Commitment Details
Category
Work to be Performed
DBE Work Code(s)
Commitment
Amount
Eligible
Participation
Construction
Trucking
Supplies
Services
Total
This section must be signed by an individual with the power to contractually bind the Bidder/Contractor. You declare under penalty of
perjury in the second degree and any other applicable state or federal laws that the statements made in this document are complete,
true and accurate to the best of your knowledge.
Bidder/Contractor Representative
Title
Signature
Date
SECTION 2. This section must be completed by the DBE. (Attach additional pages if necessary),
This document is not a contract with the Bidder/Contractor; it is an acknowledgement of the obligation that the Bidder/Contractor is
making to CDOT. The amounts listed above may be less than the subcontractor or purchase order amount, but can never be more,
and shall not reflect any mark up by the Bidder/Contractor. All questions must be answered.
Are you contracting directly with the Bidder/Contractor or with
one of its subcontractors? If with a subcontractor, provide the
firm name.
Will you be purchasing supplies or materials or leasing cr
renting equipment from the Bidder/Contractor or its
subcontractors? If so, explain.
Do you intend to subcontract any portion of the work listed
above? If yes, state to which firms, what work and the
approximate amount. Include trucking subcontractors and
owner -operators.
Will you be providing trucking services on this project? If so,
state how many of your own trucks and employees you will have
on this project
Who within your firm will be supervising and responsible for your
firm's work on this project?
Will you be acting as a broker on this project? If so, state what
you will be brokering and your approximate brokerage fee.
Will you be acting as a supplier on this project? If so, please
state what you will be supplying and whether you will
manufacture the items.
1 of 2
COOT Form # 1415 01/14
BID NO # B1700046
Page 51
This section must be signed by an individual with the power to contractually bind the DBE. You declare under penalty of perjury in
the second degree and any other applicable state or federal laws that the statements made in this document are complete, true and
to the best of your knowledge. You attest that you are eligible to participate as a DBE on this contract for the work listed above and
have the capacity to perform the work as stated.
DBE Representative
Title
Signature
Date
See the DBE Standard Special provision for additional information on completing and submitting this form.
Pre -award COOT projects: Submit this form to the CDOT Civil Rights and Business Resource Center via fax to (303)757-9019. All
originals must be sent to: CDOT Civil Rights and Business Resource Center, 4201 E. Arkansas Ave. Room 150, Denver, CO 80222.
Pre -award local agency projects: Submit this form to the local agency. All originals must be sent to: CDOT Civil Rights and
Business Resource Center, 4201 E. Arkansas Ave. Room 150, Denver, CC 80222.
2of2 CDOT Form #141501114
BID NO # B1700046 Page 52
COLORADO DEPARTMENT OF TRANSPORTATION
GOOD FAITH EFFORT REPORT
Section 1. Contractor and Project Information
Bidder:
Project:
Address:
Project Code:
Contact Name:
Proposal Amount:
Contact Phone:
Contract Goal Percentage:
Contact Email:
Contract Goal Dollar Value:
Section 2. Efforts to Achieve DBE Participation. Attach a narrative that answers the questions below and complete Page 2 (Subcontractor
Quote Summary). Provide any supporting documentation which demonstrates your good faith efforts.
a. Describe your overall plan or approach to meeting the contract goal. Include how much and what work you intend to self -perform, how much
and what work you intend to subcontract; what work areas were identified as subcontracting opportunities for DBEs; and the approximate number
of DBEs per area.
b. Describe your efforts to obtain DBE participation (i.e. how you attempted to execute your plan or approach to meeting the contract goal).
Include direct outreach (state the DBE solicited, date(s) and method of phone, email or fax); indirect outreach such as events, publications, and/or
communication with minority and other organizations that you conducted to reach DBEs (state date(s), location and audience); other efforts you
made to assist DBEs in competing for or obtaining contracts (accepting quotes from DBEs that may be higher than other subcontractors,
modifications to contract scopes, unbundling, mentoring, etc.); and obstacles you encountered in assisting or contracting with DBEs. Cost alone
shall not be a reason to reject a DBE and will be considered in the evaluation of Page 2.
c If the eligible participation submitted on the Form 1414 was miscalculated, determined to be invalid, or otherwise did not meet the contract
goal, provide your justification for such defciencies and the remedies you have taken or intend to take to avoid the issue in the future. If you have
obtained any additional commitments since submission of the bid, attach the Form 1415(s) and the reason why such commitments were not
obtained prior to the proposal due date.
Section 3. Affidavit of Good Faith Efforts. The Bidder must show that it took all necessary and reasonable steps to achieve the DBE contract
goal which by their scope, intensity and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation,
even if not fully successful. 49 CFR Part 26, Appendix A sets forth examples and guidance for good faith efforts. The contractor is not limited to
the examples provided in 49 CFR Part 26, Appendix A and may provide any documentation that demonstrates good faith efforts to obtain DBE
participation on this contract.
If, at any time. CDOT has reason to believe that any person or firm has willfully and knowingly provided incorrect information or made false
statements, CDOT may initiate suspension or debarment proceedings against the person or firm under 49 CFR Part 29, take enforcement action
under 49 CFR Part 31, Program Fraud and Civil Remedies, and/or refer the matter to the Department of Justice or Office of the Inspector General
for criminal prosecution under 18 U.S.C. 1001, which prohibits false statements in Federal program.
By signing below, the Bidder hereby affirms that it has made good faith efforts and has documented all such efforts in this form and the attached
supporting documentation.
I, , am the of .
Representative Name Title Company
I have the authority to make this affidavit for and on behalf of my company. All information provided
company's good faith efforts is true and accurate to the best of my belief.
herein and attached as evidence of my
SEAL
Signature Date
Notarization: Must be completed by a licensed notary.
County of State of
Subscribed and sworn
Notary Signature
Notary Address
before me this ___ day
of
CDOT projects: Submit this form and all supporting documentation to the CDOT Civil Rights and Business Resource Center via fax to (303)757-
9019. All originals must be sent to: CDOT Civil Rights and Business Resource Center, 4201 E. Arkansas Ave, Room 150, Denver, CO 80222.
Local agency projects: Submit this form and all supporting documentation to the local agency. All originals must be sent to: CDOT Civil
Rights and Business Resource Center, 4201 E. Arkansas Ave. Room 150, Denver, CO 80222.
Page 1 of 2
CDOT Form #1416 01
BID NO # B1700046
Page 53
Subcontractor Quote Summary (Attach additional pages if necessary.)
Subcontractor
DBE
(YIN)
Work Type(s)
Quote Amount
Selected
(YIN)
Reason
Page 2 of 2
CDOT Form #1416 01
BID NO # B1700046
Page 54
PROJECT SPECIAL PROVISIONS
WELD COUNTY PUBLIC WORKS DEPARTMENT
The Colorado Department of Transportation 2011 Standard Specifications for Road and Bridge Construction controls
construction of this project. The following special provisions supplement or modify the Standard Specifications and
take precedence over the Standard Specifications and plans.
PROJECT SPECIAL PROVISIONS INDEX
Date Page
Notice to Bidders (March, 2017) 57
Commencement and Completion of Work (March, 2017) 58
Disadvantaged Business Enterprise (DBE) Contract Goal (March, 2017) 59
Revision of Section 101 — Definition of Terms (March, 2017) 60
Revision of Section 104 - Scope of Work (March, 2017) 61
Revision of Section 105 — Control of Work (March, 2017) 62-63
Revision of Section 105 — Claims for Contract Adjustment (March, 2017) 64
Revision of Section 106 — Control of Material (March, 2017) 65-66
Revision of Section 107 — Legal Relations and Public Responsibility (March, 2017) 67-68
Revision of Section 108 — Prosecution and Progress (March, 2017) 69-70
Revision of Section 109 — Measurement and Payment (March, 2017) 71-72
Revision of Section 201 —Clearing and Grubbing (March, 2017) 73
Revision of Section 202 — Removal of Asphalt Mat (Planing) (March, 2017) 74-76
Revision of Section 202 — Reclaimed Asphalt Pavement Millings (March, 2017) 77
Revision of Section 203 — Excavation and Embankment (March, 2017) 78-79
Revision of Section 206 — Excavation and Backfill for Structures (March, 2017) 80
Revision of Section 207 — Topsoil (March, 2017) 81
Revision of Section 208 — Erosion Log (March, 2017) 82
Revision of Section 209 — Watering and Dust Palliatives (March, 2017) 83
Revision of Section 211 — Dewatering (March, 2017) 84
Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner and Sodding (March, 2017) 85
Revision of Section 216 — Soil Retention Covering (March, 2017) 86-92
Revision of Sections 304 and 703 — Aggregate Base Course (March, 2017) 93-95
Revision of Section 401 — Plant Mix Pavements — General (March, 2017) 96
Revision of Section 403 — Hot Mix Asphalt (March, 2017) 97-99
Revision of Section 411 — Bituminous Materials (March, 2017) 100
Revision of Sections 420 and 712 — Geotextile (Reinforcement) (March, 2017) 101-103
Revision of Section 506 — Riprap (March, 2017) 104
Revision of Section 601 - Structural Concrete (March, 2017) 105
Revision of Section 603 — Reinforced Concrete Pipe (March, 2017) 106
Revision of Section 614 — Traffic Control Devices (Ground Sign Posts) (March, 2017) 107
Revision of Section 620 — Field Facilities (Field Office Class 1) (March, 2017) 108
Revision of Section 621 — Detour Pavement (March, 2017) 109-110
Revision of Section 625 — Construction Surveying (March, 2017) 111
Revision of Section 626 — Mobilization (March, 2017) 112
Revision of Section 627 — Glass Beads for Pavement Marking (March, 2017) 113
BID NO # B1700046 Page 55
PROJECT SPECIAL PROVISIONS INDEX (CONT.)
Revision of Section 630 — Portable Message Sign Panel
Force Account Items
Traffic Control Plan — General
Utilities Coordination
(March, 2017)
(March, 2017)
(March, 2017)
(March, 2017)
114-115
116
117
118
BID NO # B1700046 Page 56
NOTICE TO BIDDERS
The proposal guaranty shall be a certified check, cashier's check, or bid bond in the amount of 5 percent (5%) of
the Contractor's total bid.
Pursuant to subsections 102.04 and 102.05, it is recommended that bidders on this project review the work site
and plan details.
Information regarding the project may be obtained from the following authorized representatives.
Mike Bedell, P.E. Senior Engineer
Weld County Public Works Department
1111 H Street
Greeley, CO 80632
Office Phone: 970-304-6496, ext. 3706
Don Dunker, P.E. County Engineer
Weld County Public Works Department
1111 H Street
Greeley, CO 80632
Office Phone: 970-304-6496, ext. 3749
The above referenced individuals are the only representatives with authority to provide any information,
clarification, or interpretation regarding the plans, specifications, and any other contract documents or
requirements.
END OF SECTION
BID NO # B1700046 Page 57
COMMENCEMENT AND COMPLETION OF WORK
The Contractor shall commence work under the Contract as required in the "Notice to Proceed" letter and will complete
all work within 150 calendar days unless the period for completion is extended otherwise by the County. The work is
on a calendar day basis, one calendar day of contract time will be assessed for each calendar day from the date that
Contract time starts including Saturdays, Sundays, and holidays. No weather days or less than full time charges days
will be granted in this contract.
Salient features to be shown on the Contractor's Progress Schedule are:
1.) Mobilization
2.) Construction Surveying
3.) Clearing and Grubbing
4.) Excavation
5.) Pipes Installations
6.) Traffic Control
7.) Detour Paving
8.) Aggregate Base Course
9.) Hot Mix Asphalt paving
10.) Erosion Control Installations
11.) Striping
12.) Signage
13.) Project Completion
Section 108 of the Standard Specifications is hereby revised for this project as follows:
Subsection 108.03 shall include the following:
The Contractor's progress schedule may be a Bar Chart Schedule, and shall be updated weekly. Failure to submit a
reasonable schedule as required may result in the County withholding payment to the Contractor.
END OF SECTION
BID NO # B1700046 Page 58
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
CONTRACT GOAL
This is a federally -assisted construction project. As described in the CDOT DBE Standard Special Provision, the
Bidder shall make good faith efforts to meet the following contract goal:
Five Percent (5%) DBE participation
END OF SECTION
BID NO # B1700046 Page 59
1
REVISION OF SECTION 101
DEFINITION OF TERMS
Technical Specifications related to construction materials and methods for the work required under this contract shall
consist of the "Colorado Department of Transportation, Standard Specifications for Road and Bridge Constructions'
dated 2011. Where the Project Special Provisions and the CDOT Specifications contradict one another, the more
stringent specification shall apply.
Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different
meanings within the scope of this Contract. A summary of redefinitions follows:
Subsection 101.10 "CDOT Resident Engineer" shall mean an employee designated as such by the Weld
County Public Works Department.
Subsection 101.28: "Department" shall mean the Weld County Public Works Department.
Subsection 101.29: "Chief Engineer" shall mean the Weld County Public Works Director or designated
representative.
Subsection 101.37: "Inspector" shall mean an employee designated as such by the Weld County Public
Works Department.
Subsection 101.51 "Project Engineer" shall mean an employee designated as such by the Weld County
Public Works Department.
Subsection 101.58: "Region Transportation Director" shall mean Weld County Public Works Director or
designated representative.
Subsection 101.65: Roadway prism defined as toe of slope to toe of slope.
Subsection 101.76: "State" shall mean Weld County.
END OF SECTION
BID NO # B1700046 Page 60
1
REVISION OF SECTION 104
SCOPE OF WORK
Section 104 of the Standard Specifications is hereby revised for this project as follows:
Subsection 104.02.(c).(1) shall be revised as follows:
(1) When the character of the work as altered differs materially in kind or nature from that involved or included in
the original proposed construction,
and
(2) When a major item of work is increased in excess of 150 percent or decreased below 50 percent of the original
contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 150
percent of original contract item quantity, or in case of a decrease below 50 percent, to the actual amount of
work performed. A major item is defined to be any item having an original contract value in excess of 10
percent of the original contract amount.
Subsection 104.03 shall be revised to include the following:
Construction of a temporary access road into the work areas, and removal of the access road after construction is
completed, shall be included in the Mobilization bid item.
Subsection 104.05 the provisions regarding rights in and use of Materials found on the Work are replaced with
the following:
The Contractor shall not excavate or remove any Material from within the roadway, which is not
within the grading limits, as indicated by the slope and grade lines, without written authorization
from Weld County.
Subsection 104.07 paragraph 4, starting with "Net cost savings..." shall be revised as follows:
Net cost savings on VECPs shall be split equally between the Contractor and Weld County as determined in the
Basis of Payment section of this specification. VECPs shall be submitted prior to the start of construction activities
relating to the VECP.
Subsection 104.07.(d).2 shall be removed and replaced as follows:
2. For all VECPs, the incentive payment shall be calculated as follows:
(gross cost of deleted work) — (gross cost of added work) = (gross savings)
(gross savings) — (Contractor's engineering costs) — (Weld County's engineering costs) = (net savings)
Contractor's total incentive = (net savings)/2
Lost opportunity shall not be considered part of the calculations
The Contractor's engineering costs will be reimbursable only for outside consultant costs that are verified by
certified billings. Weld County's engineering costs shall be actual consultant costs billed to Weld County and
extraordinary in-house personnel labor costs. These labor costs will be calculated at the fixed amount of
$100.00 per hour per employee. Project personnel assigned to the field office or who work on the project
on a regular basis shall not be included in Weld County's portion of the costs.
END OF SECTION
BID NO # B1700046 Page 61
1
REVISION OF SECTION 105
CONTROL OF WORK
Section 105 of the Standard Specifications is hereby revised for the project as follows:
Subsection 105.01 the provisions regarding Authority of the Engineer shall include the following:
Weld County has the authority by written order to suspend the Work wholly or in part for the reasons
delineated in the Contract Documents.
Subsection 105.02 the provisions regarding Plans, Shop Drawings, Working Drawings, other Submittals
and Construction Drawings shall include the following:
Provisions regarding plans, shop drawings, working drawings and construction documents are set forth in the
Contract Documents.
Subsection 105.03 the provisions regarding conformity to the Contract are revised as follows:
When the Engineer or Weld County finds the Materials furnished, Work performed, or the
finished product are not in conformity with the Contract Documents, and Weld County
determines, in his sole discretion, that it has resulted in an inferior or unsatisfactory product, the
Work or Materials shall be removed and replaced or otherwise corrected by and at the expense of
the Contractor.
Materials will be sampled and tested by the Contractor in accordance with the sampling and
testing schedules and procedures contained in the Contract Documents. The quantity represented
by five consecutive random samples will constitute a lot whenever production schedules and
Material continuity permit. The Engineer may establish a lot consisting of the quantity
represented by any number of consecutive random samples from one to seven inclusive when it
is necessary to represent short production runs, significant Material changes, or other unusual
characteristics of the Work. Tests that are determined to have sampling or testing errors will not
be used.
The Contractor will not have the option of accepting a price reduction in lieu of producing Material that complies
with the Contract Documents. Continued production of nonconforming Material will not be permitted. Material,
which is obviously defective, may be isolated and rejected by Weld County without regard to sampling sequence
or location within a lot. Rejected material shall be removed at the Contractor's expense.
Subsection 105.03 the two paragraphs and the Multiplier for Price Reductions for Miscellaneous Items
table following the TABLE OF PRICE REDUCTION FACTORS and starting with "If P is less ..." shall be
deleted and replaced as follows:
If P is a negative number quantity, the material will be accepted as being in conformity. In cases where one or
more elements show a positive P value, such positive values will be added and the resulting sum will be used to
determine the total P value. If the total P value is between 0 (zero) and 25, the Engineer may require correction or
may accept the material at a reduced price. If P is greater than 25, the Engineer may: (1) require complete
removal and replacement with specification material at no additional cost to the Department; (2) require corrective
action to bring the material into conformity at no additional cost to the Department; or (3) where the finished
product is found to be capable of performing the intended purpose and the value of the finished product is not
affected, permit the Contractor to leave the material in place with an appropriate price reduction to be based on
engineering evaluation but not to be less than that which have occurred had a reduction been made where P=25.
If the P for aggregate gradation for items 206, 304, or the gradation of hydrated lime for item 403 is 0 (zero) or
greater the reduction will apply to the contract price multiplied by the Multipliers (M) listed in the following table:
BID NO # B1700046 Page 62
2
REVISION OF SECTION 105
CONTROL OF WORK
Multiplier for Price Reduction for Miscellaneous Items
Item Number
Description
Element
Multiplier (M)
206
Structural Backfill
Gradation
4.0
304
Aggregate Base Course
Gradation
4.0
403
Hot Mix Asphalt
Hydrated Lime Gradation
4.0
END OF SECTION
BID NO # B1700046 Page 63
1
REVISION OF SECTION 105
CLAIMS FOR CONTRACT ADJUSTMENT
Section 105 of the Standard Specifications is hereby revised for this project as follows:
Subsection 105.21 shall be revised as follows:
The Colorado Department of Transportation (CDOT) will not participate in the resolution process for any claims
filed by the Contractor. Weld County will be the responsible party to such claims.
Subsection 105.22 shall be revised as follows:
The Colorado Department of Transportation (CDOT) will not participate in the resolution process for any claims filed by
the Contractor. Weld County will be the responsible party to such claims.
Subsection 105.24 is amended as follows:
Delete: The venue for all unresolved disputes with an aggregate value $15,000 or less shall be the County
Court for the City and County of Denver.
Replace with: The venue for all unresolved disputes with an aggregate value $15,000 or less shall be the
County Court for Weld County.
Subsection 105.24(c) is amended as follows:
Delete: Division of Audit, 4201 E. Arkansas Ave, Denver, Co. 80222
Replace with: Weld County Board of Commissioners, 1150 O Street, Greeley, Co. 80632
END OF SECTION
BID NO # B1700046 Page 64
1
REVISION OF SECTION 106
CONTROL OF MATERIAL
Section 106 of the Standard Specifications is hereby revised for this project as follows:
Subsection 106.01 shall include the following:
Prior to beginning any work the Contractor shall submit to the Engineer a completed Form 1425, Supplier List.
During the performance of the Contract, the Contractor shall submit an updated Form 1425 when requested by the
Engineer.
Failure to comply with the requirements of this subsection shall be grounds for withholding of progress payments.
In subsection 106.02 (a), delete the third paragraph and replace with the following:
The Contract will indicate whether the Department has or has not obtained the necessary County or City Zoning
Clearance and the required permit from Colorado Department of Natural Resources needed to explore and remove
materials from the available source. If the Department did not obtain the necessary clearances or permits, the
Contractor shall obtain them. Any delays to the project or additional expenses that are incurred while these
clearances or permits are being obtained shall be the responsibility of the Contractor. The Contractor shall ensure
that the requirements of the permits do not conflict with the pit construction and reclamation requirements shown in
the Contract for the available source.
In subsection 106.02 (b), delete the first paragraph and replace with the following:
(b) Contractor Source. Sources of sand, gravel, or borrow other than available sources will be known as
contractor sources. The contractor source will be tested by the Contractor and approved by the Engineer prior to
incorporation of the material into the project. If the submitted materials do not meet the contract specifications it
will become the Contractor's responsibility to re -sample and test the material. The Contractor will supply the
Department with passing test results from an AASHTO accredited laboratory and signed and sealed by a
Professional Engineer. If requested by the Engineer, the Department will then re -sample and re -test the material
for compliance to the contract specifications. The Contractor shall produce material which meets contract
specifications throughout construction of the project.
The cost of sampling, testing, and corrective action by the Contractor will not be paid for separately but shall be
included in the work.
Subsection 106.05 shall include the following:
(h) Sampling and testing of small quantities. The materials listed below can be accepted without further sampling
and testing on the basis of visual examination, provided the quantity is less than stated and the source has
recently furnished or is currently furnishing similar material found to be satisfactory under normal CDOT sampling
and testing procedures. Acceptance Method provided below.
Item 403 - Hot Mix Asphalt:
500 Tons or less, visually inspect and document in project file, all tests;
501-2000 Tons, One sample /day of production / Mix Design (Asphalt Content, Gradation
and 1 core for mat density)
2000 Tons or more, See QA Testing Frequency Guide in CDOT Field Materials Manual,
normal minimum testing
BID NO # B1700046 Page 65
2
REVISION OF SECTION 106
CONTROL OF MATERIAL
Material test results indicating nonconformance with project requirements when tested in small quantity
frequency, will be price reduced according to subsection 105.05 for the quantity that the sample represents.
Additional Assurance testing (Voids, Lottman) may be performed on samples if test results on gradation and/or
asphalt content indicate problems in mix properties. Material will be rejected or engineer will require a written
corrective action by the Contractor when Percent Air Voids are not within 2.5-6.5% or the Lottman
susceptibility (CPL -5109 Method B) is less than 75%.
Reduction in testing and sampling in no way relieves contractor of submitting construction method statements,
quality control plans or supplying specification materials.
Subsection 106.11 shall include the following:
The Contractor shall maintain a document summarizing the date and quantity of all steel and iron material
delivered to the project. The document shall show the pay item, quantity of material delivered to the project, along
with the quantity of material installed by the cutoff date for the monthly progress payment. The summary shall also
reconcile the pay item quantities to the submitted Buy America certifications. The Contractor shall also maintain
documentation of the project delivered cost of all foreign steel or iron permanently incorporated into the project.
Both documents shall be submitted to the Engineer within five days of the cutoff date for the monthly progress
payment. A monthly summary shall be required even if no steel or iron products are incorporated into the project
during the month. The summary document does not relieve the Contractor of providing the necessary Buy America
certifications of steel and or iron prior to permanent incorporation into the project.
Section 106 of the Standard Specifications is hereby revised for this project as follows:
In subsection 106.12, delete the second paragraph and replace it with the following:
The original Certificate of Compliance shall include the Contractor's original signature as directed above. The
original signature (including corporate title) on the Certificate of Compliance, under penalty of perjury, shall be of a
person having legal authority to act for the manufacturer. It shall state that the product or assembly to be
incorporated into the project has been sampled and passed all specified tests in conformity to the plans and
specifications for this project. One legible copy of the fully signed Certificate of Compliance shall be furnished to
the Engineer prior to installation of material. The original shall be provided to the Engineer before payment for the
represented item will be made.
In subsection 106.13, delete the second paragraph and replace it with the following:
The Certified Test Report shall be a legible copy or an original document and shall include the Contractor's original
signature as directed above. The signature (including corporate title) on the Certified Test Report, under penalty of
perjury, shall be of a person having legal authority to act for the manufacturer or the independent testing
laboratory. It shall state that the test results show that the product or assembly to be incorporated into the project
has been sampled and passed all specified tests in conformity to the plans and specifications for this project. One
legible copy or original document of the fully signed Certified Test Report shall be furnished to the Engineer prior to
installation of material. Failure to comply may result in delays to the project or rejection of the materials.
END OF SECTION
BID NO # B1700046 Page 66
1
REVISION OF SECTION 107
LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
Section 107 of the Standard Specifications is hereby revised for the project as follows:
Subsection 107.06 shall be revised to include the following:
The Contractor and any subcontractor shall not require any laborer or mechanic employed in performance of the
Contract to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his
health or safety, as determined under construction safety and health standards (Rules and Regulations of the
Federal Occupational Safety and Health Act of 1970 (OSHA) and as amended).
All facilities and work conditions shall comply with the Colorado and Local Health Department Regulations and with
OSHA requirements.
Delete subsection 107.15(c) and replace it with the following:
(c) Each insurance policy shall include provisions preventing cancellation or non -renewal without at least 30 days
prior notice to Contractor. The Contractor shall forward to the Engineer any such notice received within seven
days of the Contractor's receipt of such notice.
Subsection 107.17 — Delete the third paragraph beginning with "Loss, injury, or damage to the work..." and
replace with the following:
Loss, injury, or damage to the work due to unforeseeable causes beyond the control of and without fault or
negligence of the Contractor, including buy not restricted to acts of God, such as flood, earthquake, tornado, or
other cataclysmic phenomenon or nature shall be restored by the Contractor at no cost to the County.
Subsection 107.17 shall be revised to include the following:
The Contractor shall assess and understand the risk of working within a waterway. Such risks include but are not
limited to: floods, high groundwater, and fluctuation in flows. The Contractor shall be responsible for constructing
and maintaining all temporary facilities within the waterway such as cofferdams and diversion of channel flows.
Such work shall be subsidiary to other items of work.
Subsection 107.18 shall be revised to include the following:
For this project the insurance certificates shall name Weld County (Weld) and the State of Colorado as additionally
insured parties.
Subsection 107.19 shall be revised to include the following:
The Contractor shall be required to obtain permission to conduct any work, store materials or stockpiles, or park
any construction equipment or vehicles on private property. The Contractor shall conduct their work within the
right-of-way and easement boundaries shown on the Contract Drawings. If working in the County right-of-way, the
Contractor shall obtain a right-of-way permit from Amy Joseph, 970-304-6496 x 3764.
Subsection 107.20 shall be revised to include the following:
The employees of Weld County or authorized representatives are acting solely as agents and
representatives of Weld County when carrying out and exercising the power or authority granted to them
under the Contract Documents. There shall not be any liability on them either personally or as employees
of Weld County.
BID NO # B1700046 Page 67
2
REVISION OF SECTION 107
LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
Subsection 107.25 — The Contractors attention is directed to this subsection:
The requirements as called out in this subsection will be strictly enforced. Weld County has submitted an
application to the State of Colorado for a General Permit for Stormwater Discharges Associated with Construction
Activities. The Contractor shall be responsible for complying with the applicable requirements of this permit. The
County Inspector shall serve as the Erosion Control Supervisor (ECS) for this project.
END OF SECTION
BID NO # B1700046 Page 68
1
REVISION OF SECTION 108
PROSECUTION AND PROGRESS
Delete subsection 108.01 Subletting of Contract and replace with the following:
The Contractor shall not sublet, sell, transfer, assign, or dispose of the Contract or Contracts, or any portion
thereof without written permission of the Engineer. Prior to beginning any work by subcontractor, the Contractor
shall request permission from the Engineer by submitting a completed Sublet Permit Application, CDOT Form No.
205. The subcontract work shall not begin until the Contractor has received the Engineer's written permission. The
Contractor shall make all project related written subcontracts, agreements, and purchase orders available to the
Engineer for viewing, upon request and at a location convenient to the Engineer.
The Contractor will be permitted to sublet a portion of the Contract, however, the Contractor's organization shall
perform work amounting to 30 percent or more of the total original contract amount. Any items designated in the
contract as "specialty items" may be performed by subcontract. The cost of "specialty items" so performed by
subcontract may be deducted from the total original contract amount before computing the amount of work
required to be performed by the Contractor's own organization. The original contract amount includes the cost of
material and manufactured products which are to be purchased or produced by the Contractor and the actual
agreement amounts between the Contractor and a subcontractor. Proportional value of a subcontracted partial
contract item will be verified by the Engineer. When a firm both sells material to a prime contractor and performs
the work of incorporating the materials into the project, these two phases shall be considered in combination and
as constituting a single subcontract.
The calculation of the percentage of subcontracted work shall be based on subcontract unit prices.
Subcontracts or transfer of Contract shall not release the Contractor of liability under the Contract and Bond.
Subsection 108.03 shall include the following:
The Bar Chart or Initial Schedule shall be submitted at least 10 working days prior to the start of the work. The
Engineer's review of the Schedule will not exceed two working days. Work shall not begin until the Schedule is
accepted in writing, unless otherwise approved by the Engineer.
In subsection 108.03 (c), delete the third paragraph.
Delete subsection 108.04 Payment Schedule, and replace with the following:
The Contractor shall prepare a payment schedule which shall show the dollar amount of work the Contractor
expects to complete by the end of each State Fiscal Year (July 1 to June 30). The schedule shall cover the period
from the commencement of work to the expected completion date as shown on the Contractor's progress
schedule. The payment schedule may be prepared using standard spreadsheet software such as MS Excel and
submitted in electronic format.
The Contractor shall submit the payment schedule at the preconstruction conference. The payment schedule shall
show the total dollar amount of work expected to be completed by the end of each State Fiscal Year.
The amounts shown shall include planned force account work and expected incentive payments.
If the Contractor fails to submit the payment schedule by the required date, the Engineer will withhold further
progress payments until such time as the Contractor has submitted it.
BID NO # B1700046 Page 69
2
REVISION OF SECTION 108
PROSECUTION AND PROGRESS
Delete subsection 108.08.(a).2 Calendar Day Contract, and replace with the following:
2. Calendar Day Contract. When the work is on a calendar day basis, one calendar day of contract time will be
assessed for each calendar day from the date that Contract time starts including Saturdays, Sundays, and
holidays. No weather days or less than full time charges days will be granted in this contract.
In subsection 108.09 delete the schedule of liquidated damages and replace with the following:
Original Contract Amount ($)
Liquidated Damages per Calendar Day ($)
From More Than
To And Including
0
250,000
400
250,000
500,000
700
500,000
1,000,000
1,100
1,000,000
2,000,000
1,600
2,000,000
4,000,000
2,500
4,000,000
10, 000, 000
3,300
10,000,000
3,300 plus 200 Per Each Additional 1,000,000
Contract Amount or Part Thereof Over
10,000,000
END OF SECTION
BID NO # B1700046 Page 70
1
REVISION OF SECTION 109
MEASUREMENT AND PAYMENT
Section 109 of the Standard Specifications is hereby revised for the project as follows:
In subsection 109.01 Measurement of Quantities, delete the 17th paragraph and replace it with the
following:
Vehicles used to haul material being paid for by weight shall bear a plainly legible identification mark. Each of
these vehicles shall be weighed empty daily at times directed by the Engineer. The Contractor shall furnish to the
Engineer, in writing, a vehicle identification sheet that lists the following for each delivery vehicle to be used on the
project:
(1) identification mark
(2) vehicle length
(3) tare weight
(4) number of axles
(5) the distance between extreme axles
(6) information related to legal weight, including the Permit No. and permitted weight of each vehicle for which
the State and County has issued an overweight permit.
This information shall be furnished prior to time of delivery of the material and at any subsequent time the
Contractor changes vehicles, combination vehicles, axle length relationships, or overweight permitting of vehicles
This truck list will be supplied for each day of material haul to the project site.
All materials (304 - Class 6 Base Course, 403 HMA, etc.) delivered to the project site that have been weighed by a
certified scale, will be issued tickets by the source certified weigh master. These tickets will be collected and
compiled by a representative of the Contractor at the projects placement site. Tickets will be made available for
inspection during placement to the Engineer or Inspector at all times. The Contractor will submit, in an envelope,
within 48 hours of material placement, the following:
- Truck Tare List
- Original Scale Tickets
- Weld County Materials Quantity Reconciliation Sheet, signed by Contractor's representative
Material quantity discrepancies, such as waste or rejected loads will be tracked on the reconciliation sheet
submitted by the contractor. Contractor will be made aware of any discrepancy immediately by the inspector.
Ticket package will be submitted to the inspector or engineer within 48 hours of placement. For material quantity
submittals beyond this 48 hours, a price reduction on the material in question will occur as follows:
less than 24 hours
25 - 48 hours
48 hours to 72 hours
Greater than 72 hours
Subsection 109.01 shall be modified to include the following:
2%
5%
25%
100%
The following work will not be measured and paid for separately but shall be included in applicable unit prices for which
the work is required. The list below is not all-inclusive and there may be other items which are considered incidental to
the project:
BID NO # B1700046 Page 71
2
REVISION OF SECTION 109
MEASUREMENT AND PAYMENT
1. Earthwork requiring more than one handling
2. New materials (if required) for resetting fences
3. Fine grading
4. Soil conditioner
5. Fertilizer
6. Staging areas
7. Additional temporary construction easements if desired by the Contractor
8. Coordination with utility companies
9. All water
Subsection 109.06 — partial payments, paragraph (a), (Standard Amount Retained). Delete the second
sentence beginning with "The amount retained ", and replace with the following:
The amount retained will be 5% of the value of the completed work, to a maximum of 5% of the contract amount.
Subsection 109.06 (e) shall include the following:
The Contractor shall submit the Form 1418, Monthly Payment Report, along with the project schedule
updates, in accordance with subsections 108.03 (b) or 108.03 (c) (3). Failure to submit a complete and
accurate Form 1418 shall be grounds for CDOT to withhold subsequent payments or retainage to the
Contractor.
Subsection 109.07 — Payment for Materials on Hand (Stockpiled Material). Delete and replace with the
following:
Partial monthly payments to the Contractor for completed work will include payment only for materials actually
incorporated in the work unless otherwise approved by the Engineer.
In subsection 109.10 Compensation for Compensable Delays, delete the first two paragraphs and replace
with the following:
If the Engineer determines that a delay is compensable in accordance with either subsection 105.22, 105.23,
105.24, or 108.08, monetary compensation will be determined in accordance with this subsection.
(a) These categories represent the only costs that are recoverable by the Contractor. All other costs or categories
of costs are not recoverable:
(1) Actual wages and benefits, including FICA, paid for additional labor not otherwise included in (5) below;
(2) Costs for additional bond, insurance and tax;
(3) Increased costs for materials;
(4) Equipment costs calculated in accordance with subsection 109.04(c) for Contractor owned equipment and
based on invoice costs for rented equipment;
(5) Costs of extended job site overhead;
(6) Costs of salaried employees not otherwise included in (1) or (5) above incurred as a direct result of the
delay;
(7) Claims from subcontractors and suppliers at any level (the same level of detail as specified herein is
required for all such claims);
(8) An additional 16 percent will be added to the total of items (1) through (7) as compensation for items for
which no specific allowance is provided, including profit and home office overhead.
END OF SECTION
BID NO # B1700046 Page 72
1
REVISION OF SECTION 201
CLEARING AND GRUBBING
Section 201 of the Standard Specifications is hereby revised for this project as follows:
Subsection 201.02 shall be revised to include the following:
This work shall include removal and disposal of tree stumps, bushes, roots, sod, and any other vegetation
or organics that interferes with the work.
This work shall include removal and disposal of all minor items for which there is no specific "removal bid
item", including but not limited to wooden posts, metal posts, fence posts, concrete and metal drainage
items. Also included in this bid item is the removal of the following items:
This work shall include removal of all trash, glass, cans, barrels, construction materials, and any other
non -organic materials that interferes with the work.
Any dump fees or other fees associated with Clearing and Grubbing shall be considered subsidiary to this
bid item.
Payment will be made under:
Pay Item Pay Unit
Clearing and Grubbing Lump Sum
END OF SECTION
BID NO # B1700046 Page 73
1
REVISION OF SECTION 202
REMOVAL OF ASPHALT MAT (PLANING)
Section 202 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 202.09, and replace it with the following:
202.09 Removal of Asphalt Mat (Planing). Prior to beginning planing operations, the Contractor shall submit a
planing plan and a Quality Control Plan (QCP) for approval by the Engineer. The planing plan shall include at a
minimum:
(1) The number, types and sizes of planers to be used.
(2) The width and location of each planing pass.
(3) The number and types of brooms to be used and their locations with respect to the planers.
(4) The proposed method for planing and wedging around existing structures such as manholes, valve boxes,
and inlets.
(5) The longitudinal and transverse typical sections for tie-ins at the end of the day.
(6) If requested by the Engineer, a plan sheet showing the milling passes.
The QCP shall include as a minimum:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
The schedule for replacing the cutting teeth.
The daily preventive maintenance schedule and checklist.
Proposed use of automatic grade controls.
The surface testing schedule for smoothness.
The process for filling distressed areas.
The schedule for testing macrotexture of the milled surface.
Corrective procedures if the milled surface does not meet the minimum macrotexture specification.
Corrective procedures if the milled surface does not meet the minimum transverse or longitudinal surface
finish when measured with a 10 foot straightedge.
The existing pavement shall be milled to the cross -slope as shown on the plans, and shall have a surface finish
that does not vary longitudinally or transversely more than 3/8 inch from a 10 foot straightedge. A 10 foot
straightedge shall be supplied by the Contractor.
All milled surfaces shall be broomed with a pick-up broom, unless otherwise specified, before being opened to
traffic. A sufficient number of brooms shall be used immediately after planing to remove all milled material
remaining in the roadway.
If the Contractor fails to adequately clean the roadway, work shall cease until the Engineer has approved the
Contractor's revised written proposal to adequately clean the roadway.
The milled surface shall have a macrotexture equal to or less than 0.170 inches for single -lift overlays and 0.215
inches for multiple -lift overlays as tested in accordance with CP 77. Milled surfaces that do not meet these criteria
shall require corrective action in accordance with the QCP. The Contractor shall be responsible for testing the
macrotexture of the milled surface at the location directed by the Engineer in accordance with CP 77 at a stratified
random frequency of one test per 10,000 square yards or a minimum of once per work day.
BID NO # B1700046 Page 74
2
REVISION OF SECTION 202
REMOVAL OF ASPHALT MAT (PLANING)
At the completion of each day's work, longitudinal vertical edges greater than 1 inch shall be tapered. No
transverse vertical edges will be allowed. Longitudinal milled surface tie-ins to existing pavement shall be tapered
to not less than a 3:1 slope, transverse milled surface tie-ins to existing pavement shall be tapered to not less than
a 50:1 slope. Transverse tapered joints may be tapered with the planing machine, a temporary asphalt ramp, or
other methods approved by the Engineer. No longitudinal joint between the milled and existing surfaces
shall fall between 1 to 5 feet of any lane line.
If the transverse joint is tapered with a temporary asphalt ramp, the milled surface at the joint shall be constructed
as a butt joint the full depth of the lift of asphalt to be placed on the milled surface. The Contractor shall be
responsible for maintaining this asphalt ramp until all corresponding HMA is placed. All work associated with this
joint will not be paid for separately, but shall be included in the cost of planing.
If the transverse joint is tapered with a planing machine, a butt joint shall be cut into the taper the full depth of the
lift of asphalt to be placed on the milled surface prior to commencement of resurfacing. All work associated with
this joint will not be paid for separately, but shall be included in the cost of planing.
Other approved transverse joint tapers shall be maintained at the expense of the Contractor, and at a minimum
shall incorporate a butt joint the full depth of the lift of asphalt to be placed on the milled surface prior to
commencement of resurfacing.
Distressed or irregular areas identified in the planed surface by the Engineer shall be patched.
The roadway shall be left in a safe and usable condition at the end of each work day. The Contractor shall take
appropriate measures to ensure that the milled surface does not trap or hold water. All required pavement
markings removed by the planing shall be restored before the roadway is opened to traffic.
All planing shall be completed full width and parallel to the travel lanes before resurfacing commences unless
otherwise directed by the Engineer.
All material generated by the planing operation shall become the property of the Contractor unless otherwise noted
in the Contract.
Add subsection 202.091 immediately following subsection 202.09 as follows:
202.091 Equipment
Each planer shall conform to the following:
The planer shall have sufficient power, traction and stability to maintain an accurate depth of cut. The propulsion
and guidance system of the planer shall be maintained in such condition that the planer may be operated to
straight and true lines.
The planer shall be capable of operating with automatic grade controls (contact or non -contact) on both sides of
the machine using a 30 foot averaging system or other approved grade control systems. The use of such controls
shall be described in the Contractor's QCP.
The planer shall be capable of picking up the removed material in a single operation. A self loading conveyor shall
be an integral part of the planer. Windrows will not be allowed.
BID NO # B1700046 Page 75
3
REVISION OF SECTION 202
REMOVAL OF ASPHALT MAT (PLANING)
Subsection 202.11 shall include the following:
Removal of asphalt mat (planing)(special) will be measured by the area in square yards completed to the full depth
of the existing roadway section and accepted.
Subsection 202.12 shall include the following:
Macrotexture testing, macrotexture corrective actions, planers, brooms and all other work necessary to complete
the item will not be measured and paid for separately, but shall be included in the work.
Payment will be made under:
Pay Item
Removal of Asphalt Mat (Planing)
Removal of Asphalt Mat (Planing)(Special)
END OF SECTION
Pay Unit
Square Yard
Square Yard
BID NO # B1700046 Page 76
1
REVISION OF SECTION 202
RECLAIMED ASPHALT PAVEMENT MILLINGS
Section 202 of the Standard Specifications is hereby revised for this project as follows:
Subsection 202.09 shall include the following:
All asphalt pavement millings not used within the project limits shall remain the property of Weld County. These
excess millings shall be hauled to and stockpiled at Weld County's Kersey Grader Shed, which is located at 23636
County Road 54 (approximately 37 miles round trip).
Subsection 202.12 shall include the following:
Unless otherwise specified in the Contract, the disposal and hauling of the RAP millings to other locations or its
use on the project or at other locations will not be measured and paid for separately, but shall be included in the
cost of the asphalt removal bid items.
END OF SECTION
BID NO # B1700046 Page 77
1
REVISION OF SECTION 203
EXCAVATION AND EMBANKMENT
Section 203 of the Standard Specifications is hereby revised for this project as follows:
Subsection 203.01 General, shall include the following:
This work includes the moisture treatment and density control of the top 12" of existing soils after topsoil
removal and prior to embankment placement. The work also consists of moisture treatment and density
control on the top 12" of the subgrade elevation in excavation areas.
Imported Material used for backfilling pipes (storm sewer, cross culverts, side drains, etc.) shall be tested for
compatibility with the selected pipe material.
When Non -Reinforced Concrete Pipe or Reinforced Concrete Pipe is used, the imported material shall be tested
for sulfate and pH
When Corrugated Steel Pipe, Bituminous Coated Corrugated Steel Pipe or Precoated Corrugated Steel Pipe is
used, the imported material shall be tested for sulfates, chlorides, pH and resistivity.
When Aramid Fiber Bonded Corrugated Steel Pipe or Corrugated Aluminum Pipe is used, the imported material
shall be tested for pH and resistivity.
When Plastic pipe is selected, the imported material does not need to be tested for sulfates, chlorides, pH and
resistivity.
Sulfates, chlorides, pH and resistivity shall be determined by the following procedures:
(1) Water soluble sulfates using CP-L 2103 Method B.
(2) Chlorides using CPL 2104
(3) Resistivity using ASTM G57
(4) pH using ASTM G51.
Subsection 203.02 (c) shall be replaced with the following:
(c) Removal of Unsuitable Material. The removal of unsuitable material shall only be completed as directed by
the County and shall be considered muck excavation. The replacement material for areas of muck excavation
shall meet the requirements of Embankment with a minimum R -value of 20, Asphalt Pavement Millings,
Aggregate Base Course (Class 6), and/or Geotextile (Reinforcement).
Subsection 203.03 replace the first sentence with the following:
All embankment material shall consist of material that has been obtained from required excavation or from an
approved source. The Contractor shall not obtain embankment material, other than the developed from suitable
materials excavated on site, without written approval of the Project Inspector. Material excavated at the project
site may be used if approved by Weld County Inspector or Engineer.
In subsection 203.06 add the following:
It is anticipated that the majority of soil excavated on this project will be placed within the roadway prism or hauled
off -site and stored for use on a future project. However, the Project Inspector has the authority to order that
certain material be placed within the embankment side slopes. Unsuitable excavation materials produced from
muck excavation and pipe installation shall not be used for embankment and shall be hauled off the jobsite.
Topsoil which has been stripped and stockpiled shall be placed on the top of embankment slopes.
BID NO # B1700046 Page 78
2
REVISION OF SECTION 203
EXCAVATION AND EMBANKMENT
In subsection 203.08 Proof -rolling, delete the third paragraph and replace with the following:
The proof roller shall be operated in a systematic manner so that a record may be readily kept of the area tested
and the working time required for the testing. Repair to the satisfaction of Engineer, areas that are observed to
have soft spots in the subgrade or where deflection is not uniform or is deemed excessive as determined by the
Engineer. The repair may involve muck excavation, geogrid reinforcement, replacement of excavated materials, or
other methods as directed by the Engineer. After replacement and re -compaction, these areas may be proof rolled
again if deemed necessary by the Engineer. The surface shall be maintained in a smooth condition, free from
undulations and ruts, until other work is placed thereon or the work is accepted.
Subsection 203.08 Proof Rolling shall be revised to include the following:
After the subgrade has been stabilized, the Contractor shall perform proof rolling in accordance with subsection
203.09. Final proof rolling will take place a maximum of two days after all mechanical stabilization or unbound
aggregate work has been completed, unless otherwise approved by the Engineer. Final proof rolling will take place
a minimum of two days after all lime or other chemical stabilization work has been completed, unless otherwise
approved by the Engineer.
Subsection 203.11 shall be revised to include the following:
The quantities for Embankment (Complete in Place), Embankment (Complete in Place) (R40), and Unclassified
Excavation (Complete in Place) will not be measured, but will be the quantity designated in the Contract, unless
field changes are ordered. If field changes are ordered, the quantities will be calculated using the revised
dimensions and the additional volume of material shall be approved in writing by the Project Inspector prior to
beginning the work. No allowances shall be made for shrinkage, swell, subsidence due to compaction of the
existing ground or any other losses.
Subsection 203.12 shall be revised to include the following:
Payment for Unclassified Excavation (Complete in Place) and Embankment (Complete in Place) shall be full
compensation for all work necessary to complete the earthwork to the lines and grades when on the Plans. This
includes scarification, wetting and drying of soils to obtain optimum moisture content, compaction, testing, and
hauling and disposal of excess or unsuitable materials off the jobsite.
Payment will be made under:
Pay Item Pay Unit
Unclassified Excavation (Complete in Place) Cubic Yard
Embankment Material (Complete in Place) Cubic Yard
Embankment Material (Complete in Place)(R40) Cubic Yard
END OF SECTION
BID NO # B1700046 Page 79
1
REVISION OF SECTION 206
EXCAVATION AND BACKFILL FOR STRUCTURES
Section 206 of the Standard Specifications is hereby revised for this project as follows:
Section 206 shall include the following:
Structure excavation, structure backfill, filter material and bedding material required for Bridge, all pipes culverts
and pipe culvert extensions, inlets, storm sewer pipes, manholes and other drainage structures, will not be paid for
separately but shall be included in the work. Compaction, water, pumping, bailing, draining, de -watering, sheeting,
bracing and all other work necessary to complete the above items will not be measured and paid for separately,
but shall be included in the work.
SHORING
Subsection 206.08 shall include the following:
Excavate and replace within same working day the structural excavation and structural backfill that is located
below retaining walls.
Subsection 206.09 shall include the following:
Excavations shall not be left open for extended periods of time. Excavations left open overnight shall be
surrounded by orange construction safety fence.
BASIS OF PAYMENT
For the Box Culverts, quantities have been computed to neat lines outside of and parallel to the Abutment,
footing and wing walls as shown on the plans.
Pay Item Pay Unit
Structure Excavation
Structure Backfill (Flow -fill)
END OF SECTION
Cubic Yard
Cubic Yard
BID NO # B1700046 Page 80
1
REVISION OF SECTION 207
TOPSOIL
Section 207.01 is hereby revised as follows:
This work consist of removing existing on -site topsoil material, stockpiling the existing topsoil material and
redistributing the existing topsoil material onto the re -graded slopes at a depth of four (4) inches minimum. The
topsoil material shall be generally evenly distributed throughout the project limits. Any excess topsoil generated
from this project shall become the property of the Contractor and shall be hauled off the Project.
Section 207.04 is hereby revised as follows:
Topsoil will not be re -measured, but payment shall be based on the quantity identified in the bid tabulation,
unless the quantity of Topsoil is significantly changed during construction by an approved Change Order.
Loading and hauling to redistribute stockpiled topsoil uniformly throughout the project limits shall not be
measured and paid for separately, but shall be included in the work.
Section 207.05 is hereby revised as follows:
The contract unit price for topsoil shall be full compensation for all work necessary to complete the item
including removing existing on -site topsoil material, stockpiling the existing topsoil material, haul, and
redistributing the existing topsoil material onto the re -graded slopes.
Payment will be made under:
Pay Item
Topsoil (Stockpile and Redistribute)
Pay Unit
Cubic Yard
END OF SECTION
BID NO # B1700046 Page 81
1
REVISION OF SECTION 208
EROSION LOG
Section 208 of the Standard Specifications is hereby revised for this project as follows:
In subsection 208.02, delete (h) and replace with the following:
(h) Erosion log. Shall be one of the following types unless otherwise shown on the plans:
(1) Erosion Log (Type 1) shall be curled aspen wood excelsior with a consistent width of fibers evenly distributed
throughout the log. The casing shall be seamless, photo -degradable tube netting and shall have minimum
dimensions as shown in Table 208-1, based on the diameter of the log called for on the plans. The curled
aspen wood excelsior shall be fungus free, resin free, and free of growth or germination inhibiting substances.
(2) Erosion Log (Type 2) shall consist of a blend of 30-40 percent weed free compost and 60-70 percent wood
chips. The compost/wood blend material shall pass a 50 mm (2 inch) sieve with a minimum of 70 percent
retained on the 9.5 mm (3/8 inch) sieve and comply to subsection 212.02 for the remaining compost physical
properties. The compost/wood chip blend may be pneumatically shot into a geotextile cylindrical bag or be pre -
manufactured. The geotextile bag shall consist of material with openings of 3/8 inches of HDPE mesh, and
contain the compost/wood chip material while not limiting water infiltration.
Erosion log (Type 1 and Type 2) shall have minimum dimensions as shown in Table 208-1, based on the diameter
of the log.
Table 208-1
NOMINAL DIMENSIONS OF EROSION LOGS
Diameter
Length (feet)
Weight (minimum)
(pounds/foot)
Stake
Dimensions
(Inches)
Min.
Max.
9 inch
10
180
1.6
1.5 by 1.5 (nominal)
by 18
12 inch
10
180
2.5
1.5 by 1.5(nominal)
by 24
20 inch
10
100
4.0
2 by 2 (nominal)
by 30
Stakes to secure erosion logs shall consist of pinewood or hardwood.
Subsection 208.11 shall include the following:
All BM Ps measured by the linear foot shall be determined along the centerline of the BMP. Measured length will
not include required overlap.
Pay Item
Pay Unit
Erosion Log Type 1 (12 inch) Linear Foot
END OF SECTION
BID NO # B1700046
Page 82
1
REVISION OF SECTION 209
WATERING AND DUST PALLIATIVES
Section 209 of the Standard Specifications is hereby revised for this project as follows:
Subsection 209.01 shall include the following:
Application of dust palliative to detour roadways must be completed prior to detouring traffic onto those roadways.
Subsection 209.02 shall include the following:
The Contractor is responsible for obtaining a legal source for water to complete the work as specified in the Contract
Documents, including any necessary permits or fees.
Subsections 209.05 are deleted and replaced with the following:
The Contractor shall furnish and apply a dust palliative on portions of the roadway and on haul roads at the
locations and in the amounts as provided in the Contract.
Dust palliative shall consist of magnesium chloride and water. Application of dust palliative shall be done with
acceptable sprinkling equipment at an appropriate rate as approved by the Engineer.
Magnesium Chloride dust palliative shall be applied as follows:
(1) Weld County crews will prepare the existing roadway surface.
(2) Contractor will apply the magnesium chloride dust palliative in two applications of 0.25 gallon per square
yard in each application.
(3)
(4)
(5)
Allow to soak for 30 minutes after each application.
Roll the surface with a pneumatic tire roller, as specified in the Contract.
Do not permit traffic on the treated surface until approved.
Subsections 209.07 and 209.08 are deleted and replaced with the following:
Water required for all work covered under the Contract will not be measured and paid for separately but shall be
incidental to the work.
Pay Item Pay Unit
Dust Palliative (Magnesium Chloride) Gallon
END OF SECTION
BID NO # B1700046 Page 83
1
REVISION OF SECTION 211
DEWATERING
Section 211 of the Standard Specifications is hereby added for this project as follows:
DESCRIPTION
211.01 This work consists of dewatering temporary excavations.
CONSTRUCTION REQUIREMENTS
211.03 The Contractor shall dewater, by pumping or by excavating trenches leading to a positive gravity outlet,
to a depth of at least three feet below the underside of any permanent spread footings prior to exposing their
proposed bearing surfaces. The dewatering process shall be commenced a sufficient amount of time in advance of
placing excavation equipment thereon to prevent undue disturbance of the foundation soil. If in the opinion of the
Engineer, equipment is causing undue disturbance, the Engineer may require further drying of the bearing area or
place limitations on the type of equipment permitted on the bearing area. The Engineer may require the
Contractor to place (at the Contractor's expense) additional filter material beyond any limits that may be shown
on the plans to compensate for the loss of bearing capacity.
The water level shall be maintained below the level of placed concrete for at least three days before the water
level is allowed to rise.
The Contractor's method of dewatering and water disposal, including pumping and discharge equipment, must be
approved by the Engineer prior to implementation. The Contractor shall submit a dewatering plan for review and
approval 30 calendar days prior to implementation in accordance with Subsection 105.02. Water Disposal shall be
in accordance with Subsection 107.25 - "Water Quality Control". Contractor shall obtain all necessary permits
and submit copies to the Engineer prior to commencing any dewatering activities.
METHOD OF MEASUREMENT
211.04 The quantity measured will be for each day that dewatering activities take place including all work
required to size, design, obtain approvals, install, maintain and removal upon completion of the work. In order to
construct drainage structures, it is possible that the Contractor will need to maintain flow in a channel. If needed,
diverting flows in the channel shall be included as part of the Dewatering pay item.
BASIS OF PAYMENT
211.05 The accepted quantities will be paid for at the contract unit price for each of the pay items listed below
that appear in the bid schedule.
Payment will be made under:
Pay Item
Dewatering
Pay Unit
Day
END OF SECTION
BID NO # B1700046 Page 84
1
REVISION OF SECTION 212
SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING
Section 212 of the Standard Specifications is hereby added for this project as follows:
In subsection 212.02 (a), delete the first paragraph and replace with the following:
(a) Seed. All seed shall be furnished in bags or containers clearly labeled to show the name and address of the
supplier, the seed name, the lot number, net weight, origin, the percent of weed seed content, the guaranteed
percentage of purity and germination, pounds of pure live seed (PLS) of each seed species, and the total
pounds of PLS in the container. All seeds shall be free from noxious weed seeds in accordance with current
state and local lists and as indicated in Section 213. The Contractor shall furnish to the Engineer a signed
statement certifying that the seed is from a lot that has been tested by a recognized laboratory for seed testing
within thirteen months prior to the date of seeding. The Engineer may obtain seed samples from the seed
equipment, furnished bags or containers to test seed for species identification, purity and germination. Seed
tested and found to be less than 10 percent of the labeled certified PLS and different than the specified
species will not be accepted. Seed which has become wet, moldy, or damaged in transit or in storage will not
be accepted.
Section 212.06 shall be modified to include the following:
Soil in all areas to receive native seed shall be fertilized and conditioned.
(a) Soil Preparation. For soil preparation of native grass areas, if fertilizer is required, the fertilizer shall be a in
accordance with the recommendations of a soil test conducted by the Colorado State University Soil Testing
Laboratory. If a soil conditioner is required, the soil conditioner shall be Biotic Earth - HGM Black or approved
equal. Fertilizer and soil conditioner shall be scarified and turned under the area designated to be seeded to a
depth of four inches (4") to free seeds and other plants. Apply the specific fertilizer in the native grass area at
the recommended rate and work it into the soil to a depth of four inches (4") with a disc, spring tooth harrow or
other suitable equipment. Apply the soil conditioner in the native grass area at the recommended rate and
work it into the soil to a depth of four inches (4") with a disc, spring tooth harrow or other suitable equipment.
All seeded areas will then be raked and rolled to the desired finished grades with gently sloping surfaces to
adequately drain all surface water runoff.
(c) Seeding. Grade seeding areas to a smooth, even surface with a loose, uniformly fine texture. Roll, rake and
remove ridges and fill depressions, as required to meet finish grades. Limit fine grading to areas that can be
planted within 24 hours after fine grading has been completed. No additional payment will be made if the
Contractor has to complete fine grading or for fine grading more than one time.
Subsection 212.07 shall be revised as the following:
No separate measurement and payment will be made for fine grading, fertilizer, and soil conditioning for seeding.
This work shall be included in the Unit Price bid for seeding. The unit price paid for seeding shall include all of the
Contractor's costs including all labor, material, equipment and incidentals required to install seed.
Subsection 212.08 shall include the following:
Payment for seeding shall be full compensation for all work necessary to complete the seeding. The actual quantity
will be measured in -place by the County.
Payment will be made under:
Pay Item Pay Unit
Seeding (Native) Acre
Seeding (Special) Acre
END OF SECTION
BID NO # B1700046 Page 85
1
REVISION OF SECTION 216
SOIL RETENTION COVERING
Section 216 of the Standard Specifications is hereby deleted for this project and replaced with the following:
DESCRIPTION
216.01 This work consists of furnishing, preparing, applying, placing, and securing soil retention blankets and turf
reinforcement mats for erosion control on roadway ditches, slopes, or channels as designated in the Contract or as
directed.
MATERIALS
216.02 Soil retention covering shall be either a soil retention blanket or a turf reinforcement mat as specified in the
Contract. It shall be one of the products listed on CDOT's Approved Products List and shall conform to the
following:
(a) Soil Retention Blanket. Soil retention blanket shall be composed of degradable natural fibers mechanically
bound together between two slowly degrading synthetic or natural fiber nettings to form a continuous matrix.
The blanket shall be of consistent thickness with the fiber evenly distributed over the entire area of the mat.
When biodegradable blanket is specified, the thread shall be 100 percent biodegradable; polypropylene thread
is not allowed.
When photodegradable netting is specified the thread shall be polyester, biodegradable or photodegradable.
Blankets and nettings shall be non-toxic to vegetation and shall not inhibit germination of seed. The materials
shall not be toxic or injurious to humans. Class 1 blanket shall be an extended term blanket with a typical 24
month functional longevity. Class 2 blanket shall be a long term blanket with a typical 36 month functional
longevity. The class of blanket is defined by the physical and performance characteristics.
1. Soil Retention Blanket (Straw -Coconut). Soil Retention Blanket (Straw -Coconut) shall be a machine
produced mat consisting of 70 percent agricultural straw and 30 percent coconut fiber. It shall be either
biodegradable or photodegradable. When specified lightweight polypropylene netting shall be 1.5 pounds
per 1000 square feet; heavyweight netting shall be 2.9 pounds per 1000 square feet. Blankets shall be
sewn together on 1.50 inch to 2 inch centers.
Netting shall be as follows:
When biodegradable netting is specified, the top and bottom netting shall be 100 percent biodegradable
organic jute fiber. Netting shall be constructed using a Leno weave which allows the strands of the net to
move independently of each other.
When photodegradable netting is specified, the bottom side shall be lightweight polypropylene The top
side shall be heavyweight or lightweight polypropylene.
2. Soil Retention Blanket (Excelsior). Soil retention blanket (excelsior) blanket shall consist of a machine
produced mat of 100% curled wood excelsior with 80 percent, 6 inch or longer fiber length. It shall be
either biodegradable or photodegradable. When specified lightweight polypropylene netting shall be on
both sides of the blanket and shall be 1.5
3. pounds per 1000 square feet. Blankets shall be sewn together at a maximum of 4 inch centers.
Netting shall be as follows:
When biodegradable netting is specified, the top and bottom netting shall be 100 percent biodegradable
organic jute fiber. Netting shall be constructed using a Leno weave which allows the strands of the net to
move independently of each other.
When photodegradable netting is specified, the bottom side shall be lightweight polypropylene. The top
side shall be heavyweight or lightweight polypropylene.
BID NO # B1700046 Page 86
2
REVISION OF SECTION 216
SOIL RETENTION COVERING
4. Soil Retention Blanket (Coconut). Soil Retention Blanket (Coconut) shall be a machine produced mat
consisting of 100 percent coconut fiber. It shall be either biodegradable or photodegradable.
Netting shall be as follows:
When biodegradable netting is specified, the top and bottom netting shall be 100 percent biodegradable
organic jute fiber. Netting shall be constructed using a Leno weave which allows the strands of the net to
move independently of each other.
When photodegradable netting is specified, the bottom and top side shall be heavyweight polypropylene.
Table 216-1
PHYSICAL REQUIREMENTS FOR SOIL RETENTION BLANKET —
PHOTODEGRADABLE OR BIODEGRADABLE BLANKETS
Product
Class
Minimum
Roll
Width
Minimum
Thickness
ASTM
Acceptable
Matrix Fill
Material
Min.
Mass
per
Unit
Area
ASTM
D 6475
Size of Net Opening
Photo-
degradable
Bio-
degradable
Minimum:
Minimum:
0.50"x0.50"
0.50"x0.50"
1
6.5'
0.25"
Straw/Coconut
8 oz/sy
Maximum:
Maximum:
0.75"x0.75"
0.5"x1.0"
Minimum:
1
6.5'
0.25"
Excelsior
8 oz/sy
0.50"x0.50"
NONE
Maximum:
1.0"x2.0"
Minimum:
Minimum:
0.50" x0.5"
0.50"x0.50"
2
6.5'
0.20"
Coconut Fibers
8oz/sy
Maximum:
Maximum:
0.75"x0.75"
0.5"x1.0"
BID NO # B1700046
Page 87
3
REVISION OF SECTION 216
SOIL RETENTION COVERING
Table 216-2
PERFORMANCE REQUIREMENTS FOR SOIL RETENTION BLANKET -
PHOTODEGRADABLE OR BIODEGRADABLE BLANKETS
Product
Class
Slope Application
"C" Factor'
ASTM D 6459
Channel Application
Permissible Shear Stress2
(Un-vegetated) ASTM D 6460
Minimum Tensile
Strength
ASTM D 6818
1
< 0.10@3:1
2.00 lbs/sf
100 lbs/ft
2
< 0.10@3:1
2.25 lbs/sf
125 lbs/ft
Notes:
1 "C" Factor calculated as ratio of soil loss from soil retention blanket protected slope (tested at
specified or greater gradient, h:v) to ratio of soil loss from unprotected (control) plot in large-
scale testing.
2 Permissible shear stress is the minimum shear stress that a product must be able to sustain
without physical damage or excess soil loss when it is installed on a bare soil channel.
Failure is defined as 1/2 inch of soil loss during a 30 minute flow event in large scale testing.
Blankets shall be tested for physical properties and have published data from a pre -approved independent
testing facility.
Large scale testing of Permissible Shear Stress and Slope Erosion Protection ("C" factor) shall be performed
by a pre -approved independent testing facility.
A sample of the staples and a copy of the manufacturer's product data showing that the product meets the
Contract requirements shall be submitted for approval at the environmental preconstruction conference.
Landlok S2BN is an acceptable material or equivalent.
(b) Turf Reinforcement Mat. Turf reinforcement mat (TRM) shall be a rolled mat consisting of UV stabilized,
corrosion resistant, non -degradable synthetic fibers, filaments, or nets processed into a permanent three-
dimensional matrix of the thickness specified in Table 216-3. TRMs shall provide sufficient thickness,
strength and void space to permit soil filling and retention and the development of vegetation within the matrix.
When TRM is not soil filled, the mat shall be tan in color. The class of TRM is defined by the physical and
performance characteristics.
BID NO # B1700046 Page 88
4
REVISION OF SECTION 216
SOIL RETENTION COVERING
Table 216-3
PHYSICAL REQUIREMENTS1 FOR TURF REINFORCEMENT MAT
Product
Class
Minimum
Roll Width
Minimum
Thickness
ASTM D 6525
Acceptable
Matrix Fill
Material2
Size of Net Opening2
1
6.5'
0.25"
Excelsior,
Straw/Coconut,
Coconut, or Polymer
fibers
Minimum:
0.50"x0.50"
Maximum:
0.75"x0.75"
2
6.5'
0.25"
100% UV Stabilized
Synthetic Fibers
0.50"x 0.50"
3
6.5'
0.25"
100% UV Stabilized
Synthetic Fibers
0.50"x 0.50"
Notes:
1 For TRMs containing degradable components, all property values shall be obtained on the
non -degradable portion of the matting alone.
2 For TRMs with nets and fill material. Netted TRMs shall be sewn together on 1.5 inch to 2
inch centers.
Table 216-4
PERFORMANCE REQUIREMENTS FOR TURF REINFORCEMENT MAT
Product Class
Tensile Strength
MD
ASTM D 6818
UV Stability @
500 Hours
ASTM D 4355
Maximum Permissible Shear
Stress' (Vegetated)
ASTM D 6460
1
125 lbs/ft
80%
6.0 lbs/sf
2
150 lbs/ft
80%
8.0 lbs/sf
3
175 lbs/ft
80%
10.0 lbs/sf
Notes:
1 Permissible shear stress is the minimum shear stress that a product must be able to
sustain when placed on a fully vegetated channel without physical damage or excess soil
loss. Failure is defined as 1/2 inch of soil loss during a 30 minute flow event in large scale
testing.
TRMs shall be tested for physical properties and have published data from a pre -approved independent
testing facility.
Large scale testing of Permissible Shear Stress will be performed by a pre -approved independent testing
facility.
A sample of the staples and a copy of the manufacturer's product data showing that the TRMs shall resist
velocities of 18 ft./sec. or more, shall have a tensile strength (grab) per ASTM D-6818 400x300 lb./ft.
minimum. Pyramat is an acceptable material or equivalent.
BID NO # B1700046
Page 89
5
REVISION OF SECTION 216
SOIL RETENTION COVERING
product meets the Contract requirements shall be submitted for approval at the environmental preconstruction
conference.
(c) Staples. Staples shall be made of wire:
For use in Channel: 0.165 inch, "U" shaped staples shall be 8 inches long and have a 1 inch crown.
For use on Slope: 0.165 inch, "U" shaped staples shall be 8 inches long and have a 1 inch crown.
"T" shaped pins shall not be used.
CONSTRUCTION REQUIREMENTS
216.03 The Contractor shall install soil retention coverings using the following procedure:
(I) Prepare a stable and firm soil surface free of rocks, weeds, clods, roots, sticks, rivulets, gullies, and other
obstructions.
(2) Apply topsoil or soil conditioning as directed in the Contract to prepare seed bed.
(3) Place seed in accordance with the Contract.
(4) Unroll the covering parallel to the primary direction of flow.
(5) Ensure that the covering maintains direct contact with the soil surface over the entirety of the installation area.
(6) Do not stretch the material or allow it to bridge over surface inconsistencies.
(7) Staple the covering to the soil such that each staple is flush with the underlying soil.
(8) Ensure that staples are installed full depth to resist pull out. No bent over staples will be allowed. Install anchor
trenches, seams, and terminal ends as shown on the plans.
If filling a TRM with soil, the Contractor shall:
(I) Place 3 inches of topsoil or soil amended with soil conditioning.
(2) Apply seed and rake into soil.
(3) Install TRM
(4) Place 0.5 inch to 1 inch of topsoil or soil amended with soil conditioning into the matrix to fill the product
thickness.
(5) Apply seed and rake into soil.
(6) Install soil retention blanket (Class 1) over the seeded area and TRM.
When applicable, the covering shall be unrolled with the heavyweight polypropylene netting on top and the
lightweight polypropylene netting shall be in contact with the soil.
216.04 Slope Application. Soil retention coverings shall be installed on slopes as follows:
The upslope end shall be buried in a trench 3 feet beyond the crest of the slope. When specified by the
manufacturer, trench depth shall be increased up to 12 inches in depth. Before backfilling begins, staples shall be
placed across the width of the trench. The trench shall then be backfilled to grade with soil amended with soil
conditioning or topsoil, compacted by foot tamping, and seeded. Fabric shall be brought back over trench and
stapled at 1 foot on center.
BID NO # B1700046 Page 90
6
REVISION OF SECTION 216
SOIL RETENTION COVERING
There shall be an overlap wherever one roll of fabric ends and another begins with the uphill covering placed on
top of the downhill covering. Staples shall be installed in the overlap.
There shall be an overlap wherever two widths of covering are applied side by side. Staples shall be installed in
the overlap.
Staple checks shall be applied on the slope every 35 feet. Each staple check shall consist of two rows of
staggered staples.
The down slope end shall be buried in a trench 3 feet beyond the toe of slope. Before backfilling begins, staples
shall be placed across the width of the trench. The trench shall then be backfilled to grade with soil amended with
soil conditioning or topsoil, compacted by foot tamping, and seeded. Fabric shall be brought back over trench and
stapled. If a slope runs into a receiving water or cannot be extended 3 feet beyond the toe of slope, the end of
covering shall be secured using a staple check as described above.
Coverings shall be securely fastened to the soil by installing staples at the minimum rate shown on the plans.
Staple spacing shall be reduced where required due to soil type or steepness of slope.
216.05 Channel Application. Soil retention coverings shall be installed as follows on a channel application:
Coverings shall be anchored at the beginning and end of the channel across its entire width by burying the end in
a trench. When specified by the manufacturer, trench depth shall be increased up to 12 inches in depth. Before
backfilling begins, staples shall be placed across the width of the trench. The trench shall then be backfilled to
grade with soil amended with soil conditioning or topsoil and compacted by foot tamping, and seeded. Fabric shall
be brought back over the trench and stapled.
Covering shall be unrolled in the direction of flow and placed in the bottom of the channel first. Seams shall not be
placed down the center of the channel bottom or in areas of concentrated flows when placing rolls side by side.
There shall be an overlap wherever one roll of covering ends and another begins with the upstream covering
placed on top of the downstream covering. Two rows of staggered staples shall be placed.
There shall be an overlap wherever two widths of covering are applied side by side. Staples shall be placed in the
overlap.
The covering shall be anchored every 30 feet with a check slot. Check slots shall extend the entire width of the
channel. The covering shall be buried in a trench. Before backfilling begins, staples shall be placed across the
width of the trench. The trench shall then be backfilled to grade with soil amended with soil conditioning or topsoil,
compacted by foot tamping, and seeded. Fabric shall be brought back over trench and continued down the
channel.
Coverings shall be securely fastened to the soil by installing staples at the minimum rate shown on the plans.
Staple spacing shall be reduced where needed due to soil type or high flows.
216.06 Maintenance. The Contractor shall maintain the soil retention coverings until all work on the Contract has
been completed and accepted. Maintenance shall consist of the repair of areas where damage is due to the
Contractor's operations. Maintenance shall be performed at the Contractor's expense. Repair of those areas
damaged by causes not attributable to the Contractor's operations shall be repaired by the Contractor and will be
paid for at the contract unit price. Areas shall be repaired to reestablish the condition and grade of the soil and
seeding prior to application of the covering.
BID NO # B1700046 Page 91
7
REVISION OF SECTION 216
SOIL RETENTION COVERING
METHOD OF MEASUREMENT
216.07 Soil retention coverings, including staples, complete in place and accepted, will be measured by the square
yard of finished surface. Allowance will not be made for overlap.
BASIS OF PAYMENT
216.08 The accepted quantities of soil retention coverings will be paid for at the contract unit price per square
yard.
Payment will be made under:
Pay Item
Soil Retention Blanket (Straw/Coconut) — Landlok S2BN or equivalent
Turf Reinforcement Mat (Class 3) — Pyramat or equivalent
Pay Unit
Square Yard
Square Yard
Preparation of seedbed, fertilizing, and seeding will be measured and paid for in accordance with Section 212.
When soil filled TRM is required, each TRM and its associated blanket will be measured and paid for separately.
Placing and preparation of seedbed, fertilizing, and seeding of soil under the TRM layer will be measured and paid
for in accordance with Section 212. Topsoil or amended soil and seed placed on the TRM will be measured and
paid for in accordance with Section 207 and 212.
END OF SECTION
BID NO # B1700046 Page 92
1
REVISION OF SECTIONS 304 AND 703
AGGREGATE BASE COURSE
Section 304 of the Standard Specifications is hereby revised for this project as follows:
Subsection 304.01 shall include the following:
This work consists of furnishing and placing aggregate as shouldering material adjacent to the edges of pavement.
This work consist of furnishing and placing aggregate as surface material on the gravel roadways as designated in
the plans.
Aggregate Base Course (RAP) consists of hauling to the site and placing one or more courses of asphalt millings
on a prepared surface in conformity with the lines, grades, and typical sections shown on the plans or established.
Subsection 304.02 shall include the following:
Materials for the base course shall be Aggregate Base Course (Class 6) as shown in subsection 703.03
The aggregate base course (Class 6) must meet the gradation requirements and have a resistance value of at
least 69 when tested by the Hveem Stabilometer method.
Materials for Aggregate Base Course (Shouldering) shall meet all of the requirements for Class 6. Materials for
Aggregate Base Course (Surface Gravel) shall meet all of the requirements in Section 703.03. Approval of the
surface gravel will be contingent on material meeting the requirements in Table 703-3.
The material shown on the plans as Aggregate Base Course (RAP) may be generated on site from item 202 —
Removal of Asphalt Mat (Planing)
Should the Contractor elect to supply any or all of the Aggregate Base Course (RAP) from a Contractor source,
then this material shall meet the requirements of subsection 703.03
Subsection 304.03 shall include the following:
Commercial Mineral Fillers will not be allowed in Aggregate Base Course (Shouldering) or in Aggregate Base
Course (Surfacing).
Subsection 304.04 shall include the following:
A device capable of placing the shouldering material in its final position shall be used. The device is subject to the
Engineer's approval. Dumping of shouldering material on the roadway surface will not be permitted.
Subsection 304.06 shall include the following after the first paragraph:
Compaction of each reclaimed asphalt pavement aggregate layer shall continue until a wet density of not less than
95 percent of the maximum wet density when determined in accordance with a one point AASHTO T 180, Method
D test has been achieved.
Subsection 304.06 shall include the following:
Shaping and Compaction. Compaction of each layer shall continue until a density of not less than 95 percent of
the maximum density determined in accordance with AASHTO T 180 as modified by CP 23 has been achieved.
The moisture content shall be at +/-2 percent of optimum moisture content. The surface of each layer shall be
maintained during the compaction operations so that a uniform texture is produced and the aggregates are firmly
keyed. Moisture conditioning shall be performed uniformly during compaction.
Shoulder gravel shall be compacted by double wheel roll with a loaded tandem truck. Compaction of shoulder
BID NO # B1700046 Page 93
2
REVISION OF SECTIONS 304 AND 703
AGGREGATE BASE COURSE
gravel shall achieve a density of not less than 95% of the modified proctor.
Subsection 304.07 shall be deleted and replaced with the following:
The Contractor shall be aware that the plan quantities are based upon unit weight and in -place density, as
describe in the Plans. The Contractor's bid unit cost shall account for differing unit weights he intends to furnish to
the project as no quantity adjustments will be made for differing unit weights. The Project Inspector will verify that
the plan quantity has been incorporated into the project utilizing information from delivery tickets furnished by the
material supplier.
Failure to comply with the requirements of this subsection shall be grounds for withholding of progress payments.
At the sole discretion of Weld County, failure to comply with the requirements of this subsection shall be grounds
for replacement of damaged roadway sections by the contractor at no cost to the County.
Subsection 304.08 shall include the following:
Pay Item
Aggregate Base Course (Class 6)
Aggregate Base Course (Shouldering)
Aggregate Base Course (Surface Gravel)
Aggregate Base Course (RAP)
Pay Unit
Ton
Cubic Yard
Ton
Square Yard
Section 703 of the Standard Specifications is hereby revised for this project as follows:
Subsection 703.03 Table 703-3 shall be deleted and replaced with the following:
Table 703-3
CLASSIFICATION FOR AGGREGATE BASE COURSE
Sieve Designation
Mass Percent Passing Square Mesh Sieves
LL not greater than 35
LL not greater than 20
Surface
Gravel
Standard
(mm)
Mesh
(in)
Class 1
Class 2
Class 3
Class 4
Class 5
Class 6
Class 7
150.00
6
100
100.00
4
100
75.00
3
95-100
63.00
21/2
100
50.00
2
95-100
100
37.50
1 1/2
90-100
100
100
25.40
1
95-100
100
100
90-100
19.00
3/4
50-90
95-100
12.50
'/2
55-80
4.76
No. 4
30-65
30-50
30-70
30-65
45-65
2.38
No. 8
25-55
20-85
33-53
0.42
No. 40
15-35
0.07
No. 200
3-15
3-15
20 Max.
3-12
3-15
3-12
5-15
4-15
Plasticity Index
6 Max.
6 Max.
6 Max.
6 Max.
6 Max.
6 Max.
6 Max.
4-12
LA wear test (T96)
50 Max.
50 Max.
40 Max.
BID NO # B1700046
Page 94
3
REVISION OF SECTIONS 304 AND 703
AGGREGATE BASE COURSE
Aggregate Base Course (RAP) shall be 100 percent reclaimed asphalt paving material conforming to the
requirements of Table 703-3A
Table 703-3A
CLASSIFICATION FOR RECLAIMED ASPHALT PAVEMENT
AGGREGATE BASE COURSE
Sieve Size
Mass Percentage Passing
Square Mesh Sieves
ABC (RAP)
50 mm (2")
100
25 mm (1")
85-100
19 mm (3/4'')
75-100
12.5 mm (1/2")
55-90
9.5 mm (3/8'')
45-80
4.75 mm (#4)
25-55
1.18 mm (#16)
5-25
75 mm (#200)
0-5
END OF SECTION
BID NO # B1700046 Page 95
1
REVISION OF SECTION 401
PLANT MIX PAVEMENTS - GENERAL
Section 401 of the Standard Specifications is hereby revised as follows:
Section (a) of Subsection 401.02, shall add a paragraph (4) after paragraph (3) to include the follows:
(4) The job -mix formula for Pavement shall be established by a testing laboratory approved by the County and
at the Contractor's expense. Copies of all test data shall be provided to and approved by the County prior to
construction.
END OF SECTION
BID NO # B1700046 Page 96
1
REVISION OF SECTION 403
HOT MIX ASPHALT
Section 403 of the Standard Specifications is hereby revised for this project as follows:
Subsection 403.02 shall include the following:
The design mixes for hot mixes asphalt shall conform to the following:
Table 403-1
Property
Test
Value For Grading
Method
SX
(PG 64-28)
S
(PG 76-28 )
S
(PG 64-28 )
SG
(PG 64-22 )
Patching
Air Voids, percent at:
N (design)
CPL 5115
3.5 — 4.5
3.5 — 4.5
3.5 — 4.5
3.5 — 4.5
3.5 — 4.5
Lab Compaction
(Revolutions):
CPL 5115
100
100
100
100
100
N (design)
Stability, minimum
CPL 5106
30
30
30
30
30
Aggregate Retained on the
4.75 mm (No. 4) Sieve for
S, SX and SG, and on the
2.36mm (No. 8) Sieve for
ST and SF with at least 2
Mechanically Induced
fractured faces, %
minimum*
CP 45
60%
60%
60%
90%
60%
Accelerated Moisture
Susceptibility Tensile
Strength Ratio (Lottman),
minimum
CPL 5109
Method B
80
80
80
80
80
Minimum Dry Split Tensile
Strength, kPa (psi)
CPL 5109
Method B
205 (30)
205 (30)
205 (30)
205 (30)
205 (30)
Grade of Asphalt Cement,
Top Layer
PG 64-28
PG 76-28
PG 64-28
Grade of Asphalt Cement,
Layers below Top
PG 64-22
PG 64-22
Voids in the Mineral
See Table
See Table
See Table
See Table
See Table
Aggregate (VMA) %
minimum
CP 48
403-2
403-2
403-2
403-2
403-2
Voids Filled with Asphalt
(VFA), %
Al MS -2
65-75
65-75
65-75
65-75
65-75
Dust to Asphalt Ratio
0.6 — 1.2
0.6 — 1.2
0.6 — 1.2
0.6 — 1.2
0.6 — 1.2
Fine Gradation
Coarse Gradation
CP 50
0.8-1.6
0.8-1.6
0.8-1.6
0.8-1.6
0.8-1.6
Note: Al MS -2 = Asphalt Institute Manual Series 2
Note: Mixes with gradations having less than 40% passing the 4.75 mm (No. 4) sieve shall be approached
with caution because of constructability problems.
Note: Gradations for mixes with a nominal maximum aggregate size of one -inch or larger are considered a
coarse gradation if they pass below the maximum density line at the #4 screen.
Gradations for mixes with a nominal maximum aggregate size of 3/4" to 3/8" are considered a coarse
gradation if they pass below the maximum density line at the #8 screen.
Gradations for mixes with a nominal maximum aggregate size of #4 or smaller are considered a
coarse gradation if they pass below the maximum density line at the #16 screen.
*Fractured face requirements for SF may be waived by RME depending on project conditions.
BID NO # B1700046
Page 97
2
REVISION OF SECTION 403
HOT MIX ASPHALT
All mix designs shall be run with a gyratory compaction angle of 1.25 degrees and properties must satisfy Table
403-1. Form 43 will establish construction targets for Asphalt Cement and all mix properties at Air Voids up to 1.0
percent below the mix design optimum.
Table 403-2
Minimum Voids in the Mineral Aggregate (VMA)
Nominal
Maximum Size*,
mm (inches)
***Design Air Voids **
3.5%
4.0%
4.5%
5.0%
37.5 (1'h)
11.6
11.7
11.8
N/A
25.0 (1)
12.6
12.7
12.8
19.0 (3/4)
13.6
13.7
13.8
12.5 (1/2)
14.6
14.7
14.8
9.5 (%)
15.6
15.7
15.8
16.9
* The Nominal Maximum Size is defined as one sieve larger than the first sieve to
retain more than 10%.
** Interpolate specified VMA values for design air voids between those listed.
*** Extrapolate specified VMA values for production air voids beyond those listed.
The Contractor shall prepare a quality control plan outlining the steps taken to minimize segregation of HMA. This
plan shall be submitted to the Engineer and approved prior to beginning the paving operations. When the
Engineer determines that segregation is unacceptable, the paving shall stop and the cause of segregation shall be
corrected before paving operations will be allowed to resume.
The hot mix asphalt shall not contain any reclaimed asphalt pavement.
A minimum of 1 percent hydrated lime by weight of the combined aggregate shall be added to the aggregate for all
hot mix asphalt.
Acceptance samples shall be taken CP-41.
Subsection 403.03 shall include the following:
The Contractor shall construct the work such that all roadway pavement placed prior to the time paving operations
end for the year, shall be completed to the full thickness required by the plans. The Contractor's Progress
Schedule shall show the methods to be used to comply with this requirement.
Delete subsection 403.05 and replace with the following:
403.05 The accepted quantities of hot mix asphalt will be paid for in accordance with subsection 401.22, at the
contract unit price per ton for the bituminous mixture.
BID NO # B1700046 Page 98
3
REVISION OF SECTION 403
HOT MIX ASPHALT
Payment will be made under:
Pay Item Pay Unit
Hot Mix Asphalt (Grading S)(100)(PG 76-28) Ton
Hot Mix Asphalt (Grading S)(100)(PG 64-28) Ton
Hot Mix Asphalt (Grading SX)(100)(PG 64-28) Ton
Hot Mix Asphalt (Grading SG)(100)(PG 64-22) Ton
Hot Mix Asphalt (Patching)(Asphalt) Ton
Aggregate, asphalt recycling agent, additives, hydrated lime, and all other work necessary to complete each hot
mix asphalt item will not be paid for separately, but shall be included in the unit price bid. When the pay item
includes the PG binder grade, the asphalt cement will not be measured and paid for separately, but shall be
included in the work. When the pay item does not include the PG binder grade, asphalt cement will be measured
and paid for in accordance with Section 411. Asphalt cement used in Hot Mix Asphalt (Patching) will not be
measured and paid for separately, but shall be included in the work.
Excavation, preparation, and tack coat of areas to be patched will not be measured and paid for separately, but
shall be included in the work.
END OF SECTION
BID NO # B1700046 Page 99
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REVISION OF SECTION 411
BITUMINOUS MATERIALS
Section 411 of the Standard Specifications is hereby revised as follows:
Delete Subsection 411.05 and replace with the following:
Bituminous materials will not be measured and paid for separately but shall be included in the unit prices bid
for Hot Mix Asphalt (Grading SX)(100)(PG 64-28), Hot Mix Asphalt (Grading S)(100)(PG 76-28), Hot Mix
Asphalt (Grading S)(100)(PG 64-28) and Hot Mix Asphalt (Grading SG)(100)(PG 64-22).
END OF SECTION
BID NO # B1700046 Page 100
1
REVISION OF SECTIONS 420 AND 712
GEOTEXTILE REINFORCEMENT
Section 420 of the Standard Specifications is hereby revised for this project as follows:
Subsection 420.01 shall include the following:
This work includes furnishing and installing geosynthetic material over unsuitable subgrade materials in
accordance with these specifications and the details shown on the plans.
Subsection 420.02 shall include the following:
Geotextile (Reinforcement) shall meet the requirements of subsection 712.08, including Table 712-3.
Ten Cate Mirafi RS580i or equivalent shall be an acceptable geosynthetic product for this work.
The aggregate fill to be placed over the top of the geosynthetic material shall meet all of the specifications of
Aggregate Base Course (Class 6).
Subsection 420.07 shall be deleted and replaced with the following:
Geotextile (Reinforcement) shall be installed as follows:
Subqrade Preparation: Clear, grub and excavate (as required) to the plan subgrade or undercut elevation,
stripping topsoil, deleterious debris and unsuitable material from the site. Cut stumps and other projecting
vegetation as close and even to the ground surface as practical. Specialized equipment with low ground pressure,
as directed by the Engineer, may be required for very soft soils (CBR ≤ 1.5%) to minimize subgrade disturbance.
In addition, it may also be beneficial to leave root mats in place in such instances. The surface of the subgrade
should be relatively smooth and level, and depressions or humps greater than 6 inches should be graded out.
Geosynthetic Deployment: The geosynthetic reinforcement shall be placed directly on the prepared subgrade. It
should be rolled out flat and tight with no folds or wrinkles. Unroll the geosynthetic in the direction of travel so that
the machine direction (i.e., long axis) of the roll is parallel with channelized traffic patterns. Adjacent rolls should be
overlapped along their sides and ends as a function of subgrade strength as follows:
CBR 3%
1% ≤ CBR ≤ 3%
0.5%≤CBR< 1%
CBR < 0.5%
12" to 18" overlap
24" to 36" overlap
36" or Sewn
Sewn
If the need for 40" inches of overlap is reached, it is strongly suggested that the overlap is sewn or otherwise
adhered to limit the potential formation of a slip plane between the overlapped panels. Note: very heavy loading
and very soft subgrades will also warrant sewn seams instead of overlapping panels. Prior to fill placement, the
geosynthetic can be held in place using U-shaped sod staples or simply by strategically placing shovelfuls of the
fill to weigh down the geosynthetic. Overlap the geosynthetics in the direction fill will be spread to avoid peeling -
back of the geosynthetic at overlaps by the advancing fill. Cut and overlap the geosynthetic to accommodate
curves. Cutting may be done with sharp shears, razor knives or handheld power (i.e., "cutoff") saws. Cut the
geosynthetic to conform to immovable protrusions, such as manhole covers and vertical utilities. Overlap lengths
will not be paid for separately, but will be considered subsidiary to item 420.
BID NO # B1700046 Page 101
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REVISION OF SECTIONS 420 AND 712
GEOTEXTILE REINFORCEMENT
Fill Placement: Aggregate fill, as specified, should be placed directly over the geosynthetic in 8 - 12 inch loose
lifts. Typically, if the design section thickness is ≤ 16 inches, the entire section should be placed and compacted in
one single lift to minimize further degradation of the subgrade. On relatively competent subgrades (CBR ? 4%),
standard, highway -legal, rubber -tired vehicles (end dumps and belly dumps) may be driven over the exposed
geosynthetic at slow speeds (less than 5 mph), and in straight paths. These vehicles can dump aggregate fill as
they advance, provided this construction traffic will not cause significant rutting upon bare subgrade. Sudden
braking, sudden starting and sharp turning should be avoided. Tracked construction equipment must not be
operated directly upon the exposed geosynthetic. A minimum aggregate fill thickness of 6 inches is required prior
to operation of tracked equipment on the geosynthetic. In addition, turning of tracked equipment should be kept to
a minimum to prevent tracks from displacing the fill and damaging the geosynthetic. Over softer subgrades (CBR
4%), aggregate fill should be end -dumped from the edge of the previously placed material, spreading from the
middle outward.
Compaction: Standard compaction methods may be used unless the soils are very soft (CBR ≤ 1.5%). In such
cases, static compaction with a light smooth drum roller is considered prudent.
Installation and Repairs for Damaged Areas: Repairs to roadway reinforcement geosynthetics can be made in the
field by placing a repair panel or patch over the damaged area. The repair panel should extend a minimum of 3 ft
beyond the edges of the damaged geosynthetics. Pullout and/or direct sliding calculations should be performed by
the project engineer to verify the minimum required overlap length to meet a specific project's requirements.
Geotextile that is damaged after placement shall be removed and replaced at the Contractor's expense.
Subsection 420.09 shall include the following:
Geotextile (Reinforcement) will be measured in place by the square yard of surface area, completed and accepted.
Subsection 420.10 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Geotextile (Reinforcement) Square Yard
Payment will be full compensation for all work and materials required to complete the item.
BID NO # B1700046 Page 102
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REVISION OF SECTIONS 420 AND 712
GEOTEXTILE REINFORCEMENT
Subsection 712.08 shall include the following:
The material for Geotextile (Reinforcement) shall meet the properties in Table 712-3.
Table 712-3
Geotextile {Reinforcement) - Physical and Mechanical Properties
Physical Properties
Unit
Typical Values
Roll Length (minimum)
Roll Width (minimum)
Roll Area (minimum)
Feet
Feet
Sq. Yd.
300
15
500
Mechanical Properties
Test Method
Unit
Minimum Average
Roll Value
STRENGTH
Tensile Modulus @ 2% strain (CD)
Tensile Modulus @ 5% strain (CD)
HYDRAULIC
Flow Rate
Permittivity
SOIL RETENTION
Apparent Opening Size (AOS)
Pore Size 095
Pore Size 050
SOIL INTERACTION
Interaction Coefficient
Factory Sewn Seam
UV Resistance (at 500 hours)
ASTM D4595
ASTM D4595
ASTM D4491
ASTM D4491
ASTM D4751
ASTM D6767
ASTM D6767
ASTM D6706
ASTM D4884
ASTM D4355
lbs/ft
lbs/ft
gal/min/ft2
sec -1
U.S. Sieve
microns
microns
--
lbs/ft
% strength retained
90,000
87,600
75
1.0
40
350
185
0.9
3,000
90
END OF SECTION
BID NO # B1700046
Page 103
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REVISION OF SECTION 506
RIPRAP
Section 506 of the Standard Specifications is hereby revised for this project as follows:
In subsection 506.02, add the following:
The Contractor shall supply Riprap d50 (9") per Table 506-2. Prior to delivering this material to the jobsite, the
Contractor shall supply laboratory testing data from the supplier, for approval by the Project Inspector.
Subsection 506.02 shall include the following:
Geotextile (Separator) - Class 1 shall meet the material requirements of Subsection 712.08. Geotextiles. Mifify
FW300 is considered to be an acceptable material for this work. This item shall be included in the cost
(subsidiary) of the riprap pay item.
Pay Item Pay Unit
Riprap (9 Inch) Cubic Yards
END OF SECTION
BID NO # B1700046 Page 104
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REVISION OF SECTION 601
STRUCTURAL CONCRETE
Section 601 of the Standard Specifications is hereby revised for this project as follows:
Subsection 601.01 shall include the following:
This work shall include the furnishing and placing of reinforcing steel in accordance with these specifications and
in conformity with the plans.
Subsection 601.20 shall include the following:
Pay Item Pay Unit
Concrete Class D (With Rebar) Cubic Yards
END OF SECTION
BID NO # B1700046 Page 105
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REVISION OF SECTION 603
REINFORCED CONCRETE PIPE
Section 603 of the Standard Specifications is hereby revised for this project as follows:
Subsection 603.02 shall include the following:
Reinforced concrete pipe shall be manufactured from concrete that meets the requirements for severity of sulfate
exposure Class 0 specified in subsection 601.04.
END OF SECTION
BID NO # B1700046 Page 106
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REVISION OF SECTION 614
TRAFFIC CONTROL DEVICES (GROUND SIGN POSTS)
Section 614 of the Standard Specifications is hereby revised for this project as follows:
Subsection 614.02 is hereby revised to include the following paragraph:
Steel square tube type perforated sign posts and anchors shall meet or exceed the following:
a. Posts — 2" x 2" square tube, 12 gauge, ASTM designation A570, Grade 50, drilled with 7/16" diameter
holes on 1" centers.
b. Anchors — 2 1A" x 2 1A" x 30" tall square tube, 12 gauge, ASTM designation A570, Grade 50, drilled
with 7/16" diameter holes on 1" centers.
c. Coating — all posts and anchors shall be galvanized to ASTM designation A653, G90, Structural
Quality, Grade 50, Class 1. The steel shall also be coated with a chromate conversion coating and a
clear organic polymer topcoat.
CONSTRUCTION REQUIREMENTS
Subsection 614.09 is hereby revised to include the following paragraphs:
Steel square tube type perforated sign posts and anchors placed in concrete or asphalt shall be either core drilled
with a 4" diameter hole, or a 4" diameter piece of PVC pipe may be placed into the concrete or asphalt full depth
and flush with the surface.
METHOD OF MEASUREMENT
Subsection 614.13 is hereby revised to include the following paragraphs:
Steel square tube type perforated sign posts will be measured by the length in linear feet of post installed. The
associated 30" tall anchor will not be measured separately, and shall be included in the cost of the post.
BASIS OF PAYMENT
Payment will be made under:
Pay Item Pay Unit
Steel Sign Post (2x2 Inch Tubing) Linear Foot
Steel Sign Support (2-1/2 Inch NP -40) (Post) Linear Foot
Steel Sign Support (2-1/2 Inch NP -40 (Slipbase) Each
END OF SECTION
BID NO # B1700046 Page 107
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REVISION OF SECTION 620
FIELD FACILITIES (Field Office Class 1)
Subsection 620.02 shall include the following:
The requirements for a remote communication office trailer should deliver quality communications at any location.
As construction sites are often isolated and remote, this poses problems. The basic requirement of fast and
reliable internet connection in a construction trailer are throughput and reliability. Services required include SSL
VPN, VOIP, and other internet services. Hard wired internet connection are preferred, however cellular is
acceptable if speed and signal strength requirements are met. If reliable 4G cellular data is not available, cellular
data signal boosters may be required to meet the bandwidth and throughput requirements. Wireless hotspot
configurations must include WPA2 and AES encryption for SSID authentication.
Cellular 4G grants >5Mbps download speeds that will allow for 2 — 4 computer endpoints. Cellular boosters
strengthen signals and should allow for more throughput and increased speeds. With a booster, 3G could
increase up to 1.4 Mbps allowing greater usability and an additional endpoint. Additional endpoints may be
connected to either scenario, however overall performance may degrade. Cable broadband and DSL are always
preferred and will grant an increased amount of endpoints, however in many location this may simply not be a
viable alternative. A fully inclusive list of connection alternatives include Cable , DSL, Point to Point wireless, 4G,
3G, satellite and dialup.
Weld County will only supply the field office trailer. Contractor will transport and furnish all other
related items in Section 620.
Weld County field office trailer is located at 1111 H Street. Field office trailer shall be moved from 1111
H Street in Greeley by the contractor and brought back to 1111 H Street after the project is completed.
Field office shall be set up at the start of construction. Start of construction shall be anything other
than mobilization and surveying. Set up locations shall be within 1/2 mile of the construction site. Field
office shall stay on site and operational until final acceptance is given by the county.
If field office is not set up at the start of construction 5% each day will be deducted from the lump sum
bid amount item for the field office.
Pay Item Pay Unit
Field Office (Class 1) Each
END OF SECTION
BID NO # B1700046 Page 108
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REVISION OF SECTION 621
DETOUR PAVEMENT
Section 621 of the Standard Specifications is hereby revised for this project as follows:
DESCRIPTION
621.01 This work consists of constructing detour pavement as shown on the plans.
MATERIALS
621.02 The Contractor shall be responsible for quality control required to assure adequate quality of hot mix
asphalt and aggregate base course used in the pavement.
CONSTRUCTION REQUIREMENTS
621.03 The minimum thickness of detour pavement shall be 6" Aggregate Base Course (Class 6) plus 3" Hot Mix
Asphalt. If the materials used require that the Contractor provide thicknesses greater than minimum to serve for
the life of the detour pavement, these shall be provided at no additional costs. The detour pavement construction
shall include grading, sawing existing pavement and pavement appurtenances, embankment material, planning,
and other items of work necessary for the construction of detour pavement.
The removal of the Detour Pavement shall be accomplished in accordance with the applicable sub -sections of
Section 202. The Contractor shall remove the detour pavement when it is no longer needed to maintain traffic.
The Contractor shall construct temporary ditches, temporary culvert pipe, and maintain existing storm drains
necessary for the control of storm drainage.
The Contractor shall be responsible for ensuring all embankment construction for Detour Pavement is constructed
in accordance with applicable portions of Section 203 of the Standard Specification for Road and Bridge
Construction, 2011.
The Contractor shall provide smooth pavement transitions between new and existing roadways. Transverse joints
between new and existing pavement shall be constructed with Hot Mix Asphalt. Grade differences shall not
exceed 4 percent break -over. Transverse joint tapers shall be 20' horizontal to 1" vertical or flatter. Longitudinal
joints which have a vertical drop-off shall be tapered with Hot Mix Asphalt. Tapers shall be 8 horizontal to 1
vertical or flatter.
621.04 The Contractor shall maintain the detour for the entire period that is required.
METHOD OF MEASUREMENT
621.05 Hot Mix Asphalt used for the Detour Pavement shall be measured by the square yard in accordance with
the dimensions shown on the plans. Embankment material, Unclassified Excavation, and Aggregate Base Course
required to build the Detour Pavement and the removal of Detour Pavement at the end of the project will not be
measured and paid for separately, but included in the cost of Detour Pavement.
BID NO # B1700046 Page 109
2
REVISION OF SECTION 621
DETOUR PAVEMENT
BASIS OF PAYMENT
621.06 The accepted quantities will be paid for at the contract unit price per unit of measurement for each of the
pay items listed below that appear in the bid schedule.
Payment will be made under:
Pay Item
Detour Pavement
END OF SECTION
Pay Unit
Square Yard
BID NO # B1700046 Page 110
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REVISION OF SECTION 625
CONSTRUCTION SURVEYING
Section 625 of the Standard Specifications is hereby revised for this project as follows:
Subsection 625.04 shall include the following:
Contractor's surveyor must establish survey control points on both sides of SH 392 and WCR 74 prior to the
beginning of construction. The County must verify the accuracy of those control points before construction
operations can begin. The Contractor must protect those points, and immediately re-establish any that are
damaged or removed during the progress of the project.
Prior to beginning construction, the Contractor's surveyor must stake out all Right Of Way corners, Permanent
Easements, and Temporary Construction Easements shown on the approved ROW plans with temporary (for the
duration of the project) points using re -bar, lath, or hubs and marked with flagging so they are easily visible.
Those indicating the limits of construction within which the Contractor is allowed to work must be maintained
throughout the project. The Contractor must protect those points, and immediately re-establish any that are
damaged or removed during the progress of the project.
Pay Item Pay Unit
Surveying Lump Sum
END OF SECTION
BID NO # B1700046 Page 111
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REVISION OF SECTION 626
MOBILIZATION
Section 626 of the Standard Specifications is hereby revised for this project as follows:
Subsection 626.01 shall include the following:
CONSTRUCTION STAGING AND TEMPORARY CONSTRUCTION EASEMENTS: The Contractor shall take
responsibility to find adequate staging area(s) for the project. Any agreements made for staging on private property
shall be made in writing and copies of the written agreements shall be provided to the County prior to Construction. All
staging areas shall be secured with temporary fencing and restored to original conditions after construction. The
Contractor shall provide erosions and sediment control for all staging areas and shall modify the Erosion and Sediment
Control Plans to include staging areas.
The County has acquired Temporary Construction Easements (TCE) for work on the project. If the Contractor
needs to perform work on private property outside of the easements shown on the drawings, then the Contractor
shall obtain additional TCEs. All agreements made between the Contractor and the private property owners for
additional TCEs shall be made in writing and a copy of all written agreements shall be furnished to the County
prior to any disturbance. The Contractor shall provide erosion and sediment control for all areas encompassed
within the additional TCEs obtained by the Contractor and shall modify the Erosion and Sediment Control Plans to
include TCEs.
The Contractor shall inform the property owners and the tenants at the properties prior to construction. The Contractor
shall limit construction activities to those areas within the limits of disturbance as shown on the plans to the maximum
extent practical. All costs whatsoever the nature required for staging and additional temporary construction easements
including temporary fencing and erosion and sediment control shall be considered incidental to the project.
Any disturbance beyond the limits presented on the drawings shall be restored to the original condition at Contractor's
expense. Construction activities, in addition to normal construction procedures, shall include parking of vehicles or
equipment, consolidation of construction debris or materials, and disposing of litter and any other action which alters
existing conditions. All disturbances outside the Project Limits shall be pre -approved by the County and secured by the
Contractor, at Contractor's expense
Subsection 626.01 shall include the following:
Payment will be made under:
Pay Item
Mobilization
END OF SECTION
Pay Unit
Lump Sum
BID NO # B1700046 Page 112
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REVISION OF SECTIONS 627
GLASS BEADS FOR PAVEMENT MARKING
Sections 627, and 713 are hereby revised for this project as follows:
Subsection 627.04 shall include the following:
Glass beads shall be applied into the paint by means of a low pressure, gravity drop bead applicator.
In subsection 627.05, delete the seventh paragraph and replace with the following:
Epoxy pavement marking shall be applied to the road surface according to the epoxy manufacturer's
recommended methods at the application rate or coverage shown below. Glass beads shall be applied into the
epoxy pavement marking by means of a low pressure, gravity drop bead applicator.
In subsection 627.05, delete the last paragraph and replace with the following:
Epoxy pavement marking and beads shall be applied within the following limits:
16 — 18 mil marking
Beads
Application Rate or Coverage
Per Gallon of Epoxy Pavement Marking
Minimum Maximum
90 sq. ft. 100 sq. ft.
20 lbs. 22 lbs.
Subsection 627.06 (c) shall include the following:
Glass beads shall be applied into the thermoplastic pavement marking by means of a low pressure, gravity drop
bead applicator.
END OF SECTION
BID NO # B1700046 Page 113
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REVISION OF SECTION 630
PORTABLE MESSAGE SIGN PANEL
Section 630 of the Standard Specifications is hereby revised for this project as follows:
Subsection 630.01 shall include the following:
This work includes furnishing, operating, and maintaining a portable message sign panel.
The Contractor shall submit a traffic control plan to the County for review and approval prior to construction. The plan
shall address all phases of construction. The Plans provide a sample traffic control plan to be used for bidding
purposes.
The Contractor shall take all necessary measures to maintain a normal flow of vehicular and pedestrian traffic to
prevent accidents and to protect the work throughout the entire project. The Contractor shall make the necessary
arrangements to reroute traffic, provide and maintain barriers, cones, guards, barricades, and construction warning and
regulatory signs. Detours, street closures, and driveway closures which are required for the protection of the traveling
public during construction of this project are included within the scope of traffic control and shall not be paid for
separately. It shall be the Contractor's responsibility to maintain roadway traffic safety, adequately, and continuously
on all portions of existing roads and cross roads affected by this work. The Contractor shall maintain that portion of the
existing roadway being used to carry traffic so that traffic may readily pass over it, including provisions of any requiring
temporary pavement markings.
If it becomes necessary to properly move traffic through the construction area, flaggers shall be posted to slow down
and reroute traffic. Flaggers are required when workers or equipment intermittently block a traffic lane. Flaggers shall
be wearing Class 3 high visibility safety apparel and shall be equipped with a sign paddle.
Add subsection 630.031 immediately following subsection 630.03 as follows:
630.031 Portable Message Sign Panel. Portable message sign panel shall be furnished as a device fully self
contained on a portable trailer, capable of being licensed for normal highway travel, and shall include leveling and
stabilization jacks. The panel shall display a minimum of three - eight character lines. The panel shall be a
dot-matrix type with an LED legend on a flat black background. LED signs shall have a pre -default message that
activates before a power failure. The sign shall be solar powered with independent back-up battery power. The
sign shall be capable of 360 degrees rotation and shall be able to be elevated to a height of at least five feet above
the ground measured at the bottom of the sign. The sign shall be visible from one-half mile under both day and
night conditions. The message shall be legible from a minimum of 750 feet. The sign shall automatically adjust its
light source to meet the legibility requirements during the hours of darkness. The sign enclosure shall be weather
tight and provide a clear polycarbonate front cover.
Solar powered message signs shall be capable of operating continuously for 10 days without any sun. All
instrumentation and controls shall be contained in a lockable enclosure. The sign shall be capable of changing
and displaying sign messages and other sign features such as flash rates, moving arrows, etc.
Each sign shall also conform to the following:
(1) In addition to the onboard solar power operation with battery back-up, each sign shall be capable of operating
on a hard wire, 100-110 VAC, external power source.
(2) All electrical wiring, including connectors and switch controls necessary to enable all required sign functions
shall be provided with each sign.
(3) Each sign shall be furnished with an operating and parts manual, wiring diagrams, and trouble -shooting guide.
(4) The portable message sign shall be capable of maintaining all required operations under Colorado
mountain -winter weather conditions.
BID NO # B1700046 Page 114
2
REVISION OF SECTION 630
PORTABLE MESSAGE SIGN PANEL
(5) Each sign shall be furnished with an attached license plate and mounting bracket.
(6) Each sign shall be wired with a 7 -prong male electric plug for the brake light wiring system.
Subsection 630.13 shall include the following:
The portable message sign panel shall be on the project site at least 14 calendar days prior to the start of active
roadway construction. Maintenance, storage, operation, relocation to different sites during the project, and all
repairs of portable message sign panels shall be the responsibility of the Contractor.
Subsection 630.15 shall include the following:
Portable message sign panels will be measured one of the two following ways:
(1) By the actual number of days each portable message sign is used on the project as approved by the Engineer.
(2) By the maximum number of approved units in use on the project at any one time.
Pay Item
Portable Variable Message Boards
Pay Unit
Day
END OF SECTION
BID NO # B1700046 Page 115
1
FORCE ACCOUNT ITEMS
DESCRIPTION
This special provision contains the County's estimate for force account items included in the Contract. The
estimate amounts marked with an asterisk will be added to the total bid to determine the amount of the
performance and payments bonds. Force Account work shall be performed as directed by the Engineer.
Force Account Item
F/A Minor Contract Revisions
F/A Erosion Control
F/A Asphalt Cost Adjustment
F/A Fuel Cost Adjustment
F/A On -The -Job Trainee
Estimated Quantity
1
1
1
1
320 (Hrs)
Amount
$200,000
$20,000
$10, 000
$5,000
$640
F/A Minor Contract Revisions — This work consists of minor work authorized and approved by the Engineer, which
is not included in the contract drawings or specifications, and is necessary to accomplish the scope of work for this
contract.
F/A Erosion Control — This work consists of minor erosion control work authorized and approved by the Engineer
which is not included in the contract drawings or specifications, and is necessary to accomplish the scope of work
for this contract.
END OF SECTION
BID NO # B1700046 Page 116
1
TRAFFIC CONTROL PLAN — GENERAL
The key elements of the Contractor's method of handling traffic (MHT) are outlined in subsection 630.10.
The components of the traffic control plan (TCP) for this project are included in the following:
(1) Subsection 104.04 and Section 630 of the specifications.
(2) Standard Plan S-630-1, Traffic Controls for Highway Construction, and Standard Plan S-630-2.
(3) Schedule of Construction Traffic Control Devices.
(4) Signing and Striping Plans.
Special Traffic Control Plan requirements for this project are as follows:
The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time, unless
directed. Access to private properties shall be maintained at all times.
Traffic shall not be delayed for more than 15 minutes or as directed by the Engineer when the roadway is open to
traffic.
Two weeks prior to any road closure, the Contractor shall notify the Weld County Public Works
Department.
The Traffic Control Management (TCM) bid item quantity is intended for days in which a new traffic control
setup (MHT) is being implemented. Under all other conditions, the Traffic Control Inspector (TCI) daily bid
item shall apply.
The Contractor shall not perform any work on the roadway between the hours of 6 p.m. and 6 a.m. unless
approved by the Engineer.
END OF SECTION
BID NO # B1700046 Page 117
1
UTILITIES COORDINATION
The work described in these plans and specifications requires coordination between the Contractor and the utility
companies in accordance with subsection 105.10 in conducting their respective operations as necessary to
complete the utility work with minimum delay to the project. The known utilities are shown on the Contract
Drawings. However, additional unknown utilities may exist within the project limits, and the location of known
utilities is estimated and the accuracy of shown utility locations is not guaranteed.
The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements") when excavation or
grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at
least two (2) business days, not including the day of notification, prior to commencing such operations. The
Contractor shall contact the Utility Notification Center of Colorado (UNCC) at 1-800-922-1987 to have locations of
UNCC registered lines marked by member companies. All other underground facilities shall be located by
contacting the respective company. Utility service laterals shall also be located prior to beginning excavating or
grading.
Known utilities within the limits of this project are:
UTILITY
Xcel Energy
DCP Midstream
Noble Energy
Century Link
CONTACT PHONE
John Schulte 970-381-9143
Lewis Hagenlock 970-378-6351
Sean Casper 970-219-1856
Carson Ortega 970-392-4837
EMAIL
John.Schulte@xcelenergy.com
LDHagenlock@DCPmidstream.com
SCasper@Nobleenergyinc.com
Carson.Ortega@gwest.com
The work described in these plans and specifications requires coordination between the Contractor and the utility
companies in accordance with subsection 105.10 in conducting their respective operations as necessary to
complete the utility work with minimum delay to the project.
The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements") when excavation or
grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at
least two (2) business days, not including the day of notification, prior to commencing such operations. The
Contractor shall contact the Utility Notification Center of Colorado (UNCC) at 1-800-922-1987 to have locations of
UNCC registered lines marked by member companies. All other underground facilities shall be located by
contacting the respective company. Utility service laterals shall also be located prior to beginning excavating or
grading.
The locations of utilities shown on the plans and described herein were obtained from the best available
information, but are not to be considered complete as to location or identification of all utilities that could be
encountered.
BASIS OF PAYMENT
All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the work.
No monetary compensation will be made to the Contractor for delays or any other issues related to utility conflicts.
END OF SECTION
BID NO # B1700046 Page 118
1
COLORADO DEPARTMENT OF TRANSPORTATION
SH 392 AND WCR 74 INTERSECTION IMPROVEMENTS PROJECT
STANDARD SPECIAL PROVISIONS
Required Contract Provisions - Federal -Aid Construction Contracts
Minimum Wages Colorado, U.S. Department of Labor General Decision
Numbers CO 170024 MOD 2, Highway Construction, applies to
Larimer, Mesa, and Weld counties
Affirmative Action Requirements - Equal Employment Opportunity
Disadvantaged Business Enterprise (DBE) Requirements
On the Job Training
Revision of Sections 101 and 630 — Construction Zone Traffic Control
Revision of Section 105 — Construction Surveying
Revision of Section 105 — Disputes and Claims for Contract Adjustments
Revision of Section 105 — Hot Mix Asphalt Pavement Smoothness
Revision of Sections 105 and 106 — Conformity to the Contract of Hot Mix
Asphalt (Voids Acceptance)
Revision of Section 106 — Buy America Requirement
Revision of Section 106 — Certificates of Compliance and Certified Test Reports
Revision of Section 106 — Material Sources
Revision of Section 106 - Suppliers List
Revision of Sections 106, 627 and 713 — Glass Beads for Pavement Marking
Revision of Section
Revision of Section
Revision of Section
Revision of Section
Revision of Section
Revision of Section
Revision of Section
Revision of Section
Revision of Section
Revision of Section
Revision of Section
Revision of Section
Revision of Section
Revision of Section
Revision of Section
107 — Project Payrolls
107 — Responsibility for Damage Claims, Insurance Types,
and Coverage Limits
107 — Warning Lights for Work Vehicles and Equipment
108 — Delay and Extension of Contract Time
108 — Liquidated Damages
108 — Notice to Proceed
108 — Project Schedule
108 — Subletting of Contract
109 — Asphalt Cement Cost Adjustment
(Asphalt Cement Included in the Work)
109 — Compensation for Compensable Delays
109 — Fuel Cost Adjustment
109 — Measurement of Quantities
109 — Measurement of Water
109 — Prompt Payment
109 — Scales
Revision of Sections 202, 627, and 708 — Pavement Marking Paint
Revision of Section 203 — Excavation and Embankment
Revision of Section 203 — Imported Material for Embankment
Revision of Sections 203, 206, 304 and 613 — Compaction
Date
No of
Pages
(October 31, 2013) 14
(January 8, 2016) 7
(February 3, 2011)
(December 26, 2013)
(July 29, 2011)
(April 30, 2015)
(July 31, 2014)
(August 11, 2016)
(May 8, 2014)
(January 15, 2015)
(November 6, 2014)
(February 3, 2011)
(October 31, 2013)
(January 30, 2014)
(May 12, 2016)
(May 2, 2013)
(February 3, 2011)
(January 30, 2014)
(April 30, 2015)
(May 2, 2013)
(July 31, 2014)
(July 31, 2014)
(January 31, 2013)
(August 3, 2015)
(May 5, 2011)
(February 3, 2011)
(February 3, 2011)
(January 6, 2012)
(January 31, 2013)
(October 29, 2015)
(May 12, 2016)
(November 10, 2016)
(February 3, 2011)
(July 19, 2012)
10
9
3
2
1
33
7
10
1
1
1
1
2
1
1
1
2
1
1
6
1
2
1
2
1
1
1
1
3
11
2
2
BID NO # B1700046 Page 119
2
COLORADO DEPARTMENT OF TRANSPORTATION
SH 392 AND WCR 74 INTERSECTION IMPROVEMENTS PROJECT
STANDARD SPECIAL PROVISIONS
Revision of Section 206 - Structure Backfill (Flow -Fill)
Revision of Sections 206 and 601 — Maturity Meters and Concrete Form and
Falsework Removal
Revision of Section 208 — Erosion Control
Revision of Section 212 — Seed
Revision of Section 213 — Mulching
Revision of Section 216 — Soil Retention Covering
Revision of Section 250 — Environmental, Health and Safety Management
Revision of Section 401 — Compaction of Hot Mix Asphalt
Revision of Section 401 — Compaction Pavement Test Section (CTS)
Revision of Section 401 — Plant Mix Pavements
Revision of Section 401 — Temperature Segregation
Revision of Sections 401 and 412 — Safety Edge
Revision of Sections 412, 601, and 711 — Liquid Membrane -Forming
Compounds for Curing Concrete
Revision of Section 601 — Class B, BZ, D, DT, and P Concrete
Revision of Section 601 — Concrete Batching
Revision of Section 601 — Concrete Finishing
Revision of Section 601 — Concrete Slump Acceptance
Revision of Section 601 — QC Testing Requirements for Structural Concrete
Revision of Section 601 - Structural Concrete Strength Acceptance
Revisions of Sections 601 and 701 — Cements and Pozzolans
Revision of Section 603 — Culvert Pipe Inspection
Revision of Sections 603, 624, and 705 — Drainage Pipe
Revision of Section 612 — Delineators
Revision of Sections 614 and 713 — Sign Panel Sheeting
Revision of Section 630 — Retroreflective Sign Sheeting
Revision of Section 702 — Bituminous Materials
Revision of Section 703 — Aggregate for Bases (Without RAP)
Revision of Section 703 — Aggregate for Hot Mix Asphalt
Revision of Section 703 — Concrete Aggregate
Revision of Section 712 — Geotextiles
Revision of Section 712 — Water for Mixing or Curing Concrete
Date
(April 26, 2012)
(December 18, 2015)
(September 22, 2016)
(April 26, 2012)
(January 31, 2013)
(July 16, 2015)
(January 15, 2015)
(April 26, 2012)
(July 19, 2012)
(February 3, 2011)
(February 3, 2011)
(May 2, 2013)
(May 5, 2011)
(February 18, 2016)
(February 3, 2011)
(February 3, 2011)
(October 29, 2015)
(May 8, 2014)
(April 30, 2015)
(November 6, 2014)
(October 2, 2014)
(April 30, 2015)
(February 3, 2011)
(August 11, 2016)
(May 8, 2014)
(March 29, 2016)
(October 31, 2013)
(November 1, 2012)
(July 29, 2011)
(November 1, 2012)
(February 3, 2011)
No of
Pages
2
3
23
1
4
6
14
1
1
1
1
2
1
2
1
1
1
1
1
4
1
3
1
2
1
11
1
2
1
2
1
BID NO # B1700046 Page 120
October 31, 2013
1
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
Attached is Form FHWA 1273 titled Required Contract Provisions Federal -Aid Construction Contracts. As
described in Section I. General, the provisions of Form FHWA 1273 apply to all work performed under the
Contract and are to be included in all subcontracts with the following modification:
For TAP (Transportation Alternatives Program) funded Recreational Trails projects, Section I (4) regarding convict
labor and all of Section IV of the FHWA 1273 do not apply.
121
October 31, 2013
2
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
FHWA-1273 -- Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Nonsegregated Facilities
IV. Davis -Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Compliance with Governmentwide Suspension and
Debarment Requirements
Xl. Certification Regarding Use of Contract Funds for
Lobbying
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each
construction contract funded under Title 23 (excluding
emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this form in each
subcontract and further require its inclusion in all lower tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower -tier subcontractor or service provider.
Form FHWA-1273 must be included in all Federal -aid design -
build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services,
purchase orders, rental agreements and other agreements for
supplies or services). The design -builder shall be responsible
for compliance by any subcontractor, lower -tier subcontractor
or service provider.
Contracting agencies may reference Form FHWA-1273 in bid
proposal or request for proposal documents, however, the
Form FHWA-1273 must be physically incorporated (not
referenced) in all contracts, subcontracts and lower -tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services related to a
construction contract).
2. Subject to the applicability criteria noted in the following
sections, 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.
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment
or any other action determined to be appropriate by the
contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal -aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. The term Federal -aid
highway does not include roadways functionally classified as
local roads or rural minor collectors.
II. NONDISCRIMINATION
The provisions of this section related to 23 CFR Part 230 are
applicable to all Federal -aid construction contracts and to all
related construction subcontracts of $10,000 or more. The
provisions of 23 CFR Part 230 are not applicable to material
supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR 60,
29 CFR 1625-1627, Title 23 USC Section 140, the
Rehabilitation Act of 1973, as amended (29 USC 794), Title VI
of the Civil Rights Act of 1964, as amended, and related
regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR
Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000,
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR 60, and 29
CFR 1625-1627. The contracting agency and the FHWA have
the authority and the responsibility to ensure compliance with
Title 23 USC Section 140, the Rehabilitation Act of 1973, as
amended (29 USC 794), and Title VI of the Civil Rights Act of
1964, as amended, and related regulations including 49 CFR
Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR 230, Appendix
A, with appropriate revisions to conform to the U.S.
Department of Labor (US DOL) and FHWA requirements.
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, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27)
and orders of the Secretary of Labor as modified by the
122
October 31, 2013
3
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
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 provisions of the Americans with 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:
a. The contractor will work with the contracting agency and
the Federal Government to ensure that it has made every
good faith effort to provide equal opportunity with respect to all
of its terms and conditions of employment and in their review
of activities under the contract.
b. The contractor will accept as its 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, pre -apprenticeship, and/or on-the-
job training."
2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program 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 minorities and
women.
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 minorities and women in the area from
which the project work force would normally be derived.
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 minorities and women. To
meet this requirement, the contractor will identify sources of
potential minority group employees, and establish with such
identified sources procedures whereby minority and women
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, the
contractor is expected to observe the provisions of that
agreement to the extent that the system meets the contractors
compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to
refer minorities and women as applicants for employment.
Information and procedures with regard to referring such
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.
123
October 31, 2013
4
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with its 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 their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts
should be aimed at developing full journey level status
employees in the type of trade or job classification involved.
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. In the event a
special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
in accordance with 23 U.S.C. 140(a).
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 employees who are minorities and
women and will encourage eligible employees to apply for
such training and promotion.
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. 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 good faith efforts to develop, in
cooperation with the unions, joint training programs aimed
toward qualifying more minorities and women for membership
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment.
b. The contractor will use good faith 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 contracting agency 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 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 minorities and women. The failure of a union
to provide sufficient referrals (even though it is obligated to
provide exclusive referrals under the terms of a collective
bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. 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
contracting agency.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar
with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established there
under. Employers must provide reasonable accommodation in
all employment activities unless to do so would cause an
undue hardship.
9. 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. The contractor shall take all necessary
and reasonable steps to ensure nondiscrimination in the
administration of this contract.
a. The contractor shall notify all potential subcontractors and
suppliers and lessors of their EEO obligations under this
contract.
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurance Required by 49 CFR 26.13(b):
a. The requirements of 49 CFR Part 26 and the State
DOT's U.S. DOT -approved DBE program are incorporated by
reference.
b. The contractor 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 a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the contracting agency
deems appropriate.
11. 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 the date of the final payment to the
contractor for all contract work and shall be available at
reasonable times and places for inspection by authorized
representatives of the contracting agency and the FHWA.
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a. The records kept by the contractor shall document the
following:
(1) The number and work hours 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; and
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women;
b. The contractors and subcontractors will submit an annual
report to the contracting agency 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. The staffing data should
represent the project work force on board in all or any part of
the last payroll period preceding the end of July. If on-the-job
training is being required by special provision, the contractor
will be required to collect and report training data. The
employment data should reflect the work force on board during
all or any part of the last payroll period preceding the end of
July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal -aid construction
contracts and to all related construction subcontracts of
$10,000 or more.
The contractor must ensure that facilities provided for
employees are provided in such a manner that segregation on
the basis of race, color, religion, sex, or national origin cannot
result. The contractor may neither require such segregated
use by written or oral policies nor tolerate such use by
employee custom. The contractor's obligation extends further
to ensure that its employees are not assigned to perform their
services at any location, under the contractor's control, where
the facilities are segregated. The term "facilities" includes
waiting rooms, work areas, restaurants and other eating areas,
time clocks, restrooms, washrooms, locker rooms, and other
storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing
provided for employees. The contractor shall provide separate
or single -user restrooms and necessary dressing or sleeping
areas to assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal -aid construction
projects exceeding $2,000 and to all related subcontracts and
lower -tier subcontracts (regardless of subcontract size). The
requirements apply to all projects located within the right-of-
way of a roadway that is functionally classified as Federal -aid
highway. This excludes roadways functionally classified as
local roads or rural minor collectors, which are exempt.
Contracting agencies may elect to apply these requirements to
other projects.
The following provisions are from the U.S. Department of
Labor regulations in 29 CFR 5.5 "Contract provisions and
related matters" with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements.
1. Minimum wages
a. All laborers and mechanics 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 issued by the Secretary of Labor
under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics.
Contributions made or costs reasonably anticipated for bona
fide fringe benefits under section 1(b)(2) of the Davis -Bacon
Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions
of paragraph 1.d. of this section; also, 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 29 CFR 5.5(a)(4). 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.
The wage determination (including any additional classification
and wage rates conformed under paragraph 1.b. of this
section) and the Davis -Bacon poster (WH-1321) 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.
b.(1) The contracting officer shall require that any class of
laborers or mechanics, including helpers, which is not listed in
the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
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(ii) The classification is utilized in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be
employed in the classification (if known), 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
Administrator of the Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor,
Washington, DC 20210. The 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.
(3) In the event the contractor, the laborers or mechanics
to be employed in the 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. The Wage and Hour 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.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or
1.b.(3) of this section, shall be paid to all workers performing
work in the classification under this contract from the first
day on which work is performed in the classification.
c. 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
shall either pay the benefit as stated in the wage determination
or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
d. If the contractor does not make payments to a trustee or
other third person, the contractor may consider as 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.
2. Withholding
The contracting agency shall upon its own action or upon
written request of an authorized representative of the
Department of Labor, withhold or cause to be withheld from
the contractor 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, so
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 contracting agency
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.
3. Payrolls and basic records
a. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers
and mechanics working at the site of the work. Such records
shall contain the name, address, and social security number of
each such worker, his or her correct classification, hourly rates
of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents
thereof of 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. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that
the wages of any laborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis -
Bacon Act, the contractor shall maintain records which show
that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the
plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs.
b.(1) The contractor shall submit weekly for each week in
which any contract work is performed a copy of all payrolls to
the contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required to be
maintained under 29 CFR 5.5(a)(3)(i), except that full social
security numbers and home addresses shall not be included
on weekly transmittals. Instead the payrolls shall only need to
include an individually identifying number for each employee
e.g. , the last four digits of the employee's social security
number). The required weekly payroll information may be
submitted in any form desired. Optional Form WH-347 is
available for this purpose from the Wage and Hour Division
Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm
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REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
or its successor site. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker,
and shall provide them upon request to the contracting agency
for transmission to the State DOT, the FHWA or the Wage and
Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this section for a prime
contractor to require a subcontractor to provide addresses and
social security numbers to the prime contractor for its own
records, without weekly submission to the contracting agency..
(2) Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the contractor or
subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall
certify the following:
(i) That the payroll for the payroll period contains the
information required to be provided under §5.5 (a)(3)(ii) of
Regulations, 29 CFR part 5, the appropriate information is
being maintained under §5.5 (a)(3)(i) of Regulations, 29
CFR part 5, and that such information is correct and
complete;
(ii) That each 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 Regulations, 29 CFR
part 3;
(iii) That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed,
as specified in the applicable wage determination
incorporated into the contract.
(3) 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 3.b.(2) of
this section.
(4) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 of
title 31 of the United States Code.
c. The contractor or subcontractor shall make the records
required under paragraph 3.a. of this section available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the
FHWA, or the Department of Labor, 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 FHWA may,
after written notice to the contractor, the contracting agency or
the State DOT, take such action 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.
4. Apprentices and trainees
a. Apprentices (programs of the USDOL).
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 U.S. Department of
Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with
a State Apprenticeship Agency recognized by the Office, or if a
person is employed in his or 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 Office of Apprenticeship
Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen 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 worker 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 on 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 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's hourly
rate) specified in the contractor's or subcontractor's registered
program shall be observed.
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 journeymen 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 determines that a different
practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer
and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable
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REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
predetermined rate for the work performed until an acceptable
program is approved.
b. Trainees (programs of the USDOL).
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 U.S.
Department of Labor, Employment and Training
Administration.
The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the
Employment and Training Administration.
Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman 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 wage rate on the wage
determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the 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.
In the event the Employment and Training Administration
withdraws approval of a training program, the contractor 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. Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be
in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29
CFR part 30.
d. 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.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor shall insert
Form FHWA-1273 in any subcontracts and also require the
subcontractors to include Form FHWA-1273 in any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor
with all the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis -Bacon and Related Act
requirements. All rulings and interpretations of the Davis -
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract.
9. Disputes concerning labor standards. Disputes arising
out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract. Such
disputes shall be resolved in accordance with the procedures
of the Department of Labor set forth in 29 CFR parts 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 U.S. Department of Labor, or the
employees or their representatives.
10. Certification of eligibility.
a. By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an
interest in the contractor's firm is a person or firm ineligible to
be awarded Government contracts by virtue of section 3(a) of
the Davis -Bacon Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person
or firm ineligible for award of a Government contract by virtue
of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
c. The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001.
V. CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
The following clauses apply to any Federal -aid construction
contract in an amount in excess of $100,000 and subject to the
overtime provisions of the Contract Work Hours and Safety
Standards Act. These clauses shall be inserted in addition to
the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As
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used in this paragraph, the terms laborers and mechanics
include watchmen and guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph (1.) of this section, the contractor and any
subcontractor responsible therefor shall be liable for the
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 or mechanic, including watchmen and
guards, employed in violation of the clause set forth in
paragraph (1.) of this section, in the sum of $10 for each
calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause set forth in paragraph (1.) of this section.
3. Withholding for unpaid wages and liquidated damages.
The FHWA or the contacting agency shall upon its own action
or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from
any moneys 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 (2.) of this
section.
4. Subcontracts. The contractor or subcontractor shall insert
in any subcontracts the clauses set forth in paragraph (1.)
through (4.) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (1.) through (4.) of this
section.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal -aid construction
contracts on the National Highway System.
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 contracting agency. 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 635.116).
a. The term "perform work with its own organization" refers
to workers employed or leased 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 or lower tier subcontractor,
agents of the prime contractor, or any other assignees. The
term may include payments for the costs of hiring leased
employees from an employee leasing firm meeting all relevant
Federal and State regulatory requirements. Leased
employees may only be included in this term if the prime
contractor meets all of the following conditions:
(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality
of the work of the leased employees;
(3) the prime contractor retains all power to accept or
exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all
other Federal regulatory requirements.
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 or propose 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 VI 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 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
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
contracting agency has assured that each subcontract is
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REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract.
5. The 30% self -performance requirement of paragraph (1) is
not applicable to design -build contracts; however, contracting
agencies may establish their own self -performance
requirements.
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal -aid construction
contracts and to all related subcontracts.
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 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.
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. 3704).
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.3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal -aid construction
contracts and to all related subcontracts.
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, Form FHWA-1022 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:
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 under this title or imprisoned not more than 5
years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
This provision is applicable to all Federal -aid construction
contracts and to all related subcontracts.
By submission of this bid/proposal or the execution of this
contract, or subcontract, as appropriate, the bidder, proposer,
Federal -aid construction contractor, or subcontractor, as
appropriate, will be deemed to have stipulated as follows:
1. That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an
award due to a violation of Section 508 of the Clean Water Act
or Section 306 of the Clean Air Act.
2. That the contractor agrees to include or cause to be
included the requirements of paragraph (1) of this Section X in
every subcontract, and further agrees to take such action as
the contracting agency may direct as a means of enforcing
such requirements.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal -aid construction
contracts, design -build contracts, subcontracts, lower -tier
subcontracts, purchase orders, lease agreements, consultant
contracts or any other covered transaction requiring FHWA
130
October 31, 2013
11
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
approval or that is estimated to cost $25,000 or more — as
defined in 2 CFR Parts 180 and 1200.
1. Instructions for Certification — First Tier Participants:
a. By signing and submitting this proposal, the prospective
first tier participant is providing the certification set out below.
b. 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 first tier 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 first tier participant to furnish a
certification or an explanation shall disqualify such a person
from participation in this transaction.
c. The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
agency determined to enter into this transaction. If it is later
determined that the prospective participant knowingly rendered
an erroneous certification, in addition to other remedies
available to the Federal Government, the contracting agency
may terminate this transaction for cause of default.
d. The prospective first tier participant shall provide
immediate written notice to the contracting agency to whom
this proposal is submitted if any time the prospective first tier
participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. "First Tier Covered
Transactions" refers to any covered transaction between a
grantee or subgrantee of Federal funds and a participant (such
as the prime or general contract). "Lower Tier Covered
Transactions" refers to any covered transaction under a First
Tier Covered Transaction (such as subcontracts). "First Tier
Participant" refers to the participant who has entered into a
covered transaction with a grantee or subgrantee of Federal
funds (such as the prime or general contractor). "Lower Tier
Participant" refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
f. The prospective first 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 entering into this transaction.
g. The prospective first tier 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 Transactions,"
provided by the department or contracting agency, entering
into this covered transaction, without modification, in all lower
tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the $25,000 threshold.
h. 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 is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded
Parties List System website (https://www.epls.gov/), which is
compiled by the General Services Administration.
i. Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant
is not required to exceed that which is normally possessed by
a prudent person in the ordinary course of business dealings.
j. 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.
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion — First Tier
Participants:
a. The prospective first tier participant certifies to the best of
its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency;
(2) Have not within a three-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;
(3) 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 (a)(2) of this certification; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default.
131
October 31, 2013
12
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
b. Where the prospective 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 Participants:
(Applicable to all subcontracts, purchase orders and other
lower tier transactions requiring prior FHWA approval or
estimated to cost $25,000 or more - 2 CFR Parts 180 and
1200)
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," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. You may contact the person to
which this proposal is submitted for assistance in obtaining a
copy of those regulations. "First Tier Covered Transactions"
refers to any covered transaction between a grantee or
subgrantee of Federal funds and a participant (such as the
prime or general contract). "Lower Tier Covered Transactions"
refers to any covered transaction under a First Tier Covered
Transaction (such as subcontracts). "First Tier Participant"
refers to the participant who has entered into a covered
transaction with a grantee or subgrantee of Federal funds
(such as the prime or general contractor). "Lower Tier
Participant" refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
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 exceeding
the $25,000 threshold.
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 is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded
Parties List System website (https://www.epls.gov/), which is
compiled by the General Services Administration.
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
Participants:
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 participating in
covered transactions 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.
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is 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
132
October 31, 2013
13
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
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.
3. The prospective participant also agrees by submitting its
bid or proposal that the participant 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.
133
October 31, 2013
14
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS
This provision is applicable to all Federal -aid projects funded
under the Appalachian Regional Development Act of 1965.
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 the participant
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, the participant 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 one 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 (1 c)
above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
6. 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.
134
-1-
U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO
HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO170024
Decision Nos. CO170024 dated January 06, 2017 supersedes
Decision Nos. CO160024 dated January 08, 2016.
Modifications
ID
MOD Number Date Page Number(s)
When work within a project is located in two or more counties and
the minimum wages and fringe benefits are different for one or more
job classifications, the higher minimum wages and fringe benefits
shall apply throughout the project.
General Decision No. CO170024 applies to the following counties: Larimer, Mesa, and Weld counties.
General Decision No. CO170024
The wage and fringe benefits listed below reflect collectively bargained rates.
Code
Classification
Basic Hourly
Rate
Fringe Benefits
Last
Mod
POWER EQUIPMENT OPERATOR:
Drill Rig Caisson
1714
Smaller than Watson 2500 and similar
24.73
9.15
1715
Watson 2500 similar or larger
25.04
9.15
Oiler
1716
Weld
24.88
9.15
General Decision No. CO170024
The wage and fringe benefits listed below do not reflect collectively bargained rates.
CARPENTER:
1717
Excludes Form Work
20.72
5.34
Form Work Only
1718
Larimer, Mesa
18.79
3.67
1719
Weld
16.54
3.90
CEMENT MASON/CONCRETE FINISHER:
1720
Larimer
16.05
3.00
1721
Mesa
17.53
3.00
1722
Weld
17.48
3.00
ELECTRICIAN:
Excludes Traffic Signalization
1723
Weld
33.45
7.58
Traffic Signalization
1724
Weld
25.84
6.66
DATE 01-06-17
135
U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO
HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO170024
DATE 01-06-17
General Decision No. CO170024
The wage and fringe benefits listed below do not reflect collectivel3 bargained rates.
Code
Classification
Basic Hourly
Rate
Fringe Benefits
Last
Mod
FENCE ERECTOR:
1725
Weld
17.46
3.47
GUARDRAIL INSTALLER:
1726
Larimer, Weld
12.89
3.39
HIGHWAY/PARKING LOT STRIPING:
Painter
1727
Larimer
14.79
3.98
1728
Mesa
14.75
3.21
1729
Weld
14.66
3.21
IRONWORKER:
Reinforcing (Excludes Guardrail Installation)
1730
Larimer, Weld
16.69
5.45
Structural (Excludes Guardrail Installation)
1731
Larimer, Weld
18.22
6.01
LABORER:
Asphalt Raker
1732
Larimer
18.66
4.66
1733
Weld
16.72
4.25
1734
Asphalt Shoveler
21.21
4.25
1735
Asphalt Spreader
18.58
4.65
1736
Common or General
16.29
4.25
1737
Concrete Saw (Hand Held)
16.29
6.14
1738
Landscape and Irrigation
12.26
3.16
1739
Mason Tender - Cement/Concrete
16.29
4.25
Pipelayer
1740
Larimer
17.27
3.83
1741
Mesa, Weld
16.23
3.36
1742
Traffic Control (Flagger)
9.55
3.05
136
-3-
U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO
HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - C0170024
DATE 01-06-17
General Decision No. C0170024
The wage and fringe benefits listed below do not reflect collectiveh bargained rates.
Code
Classification
Basic Hourly
Rate
Fringe Benefits
Last
Mod
LABORER (con't):
Traffic Control (Sets Up/Moves Barrels, Cones, Installs
signs, Arrow Boards and Place Stationary Flags),
(Excludes Flaggers)
1743
Larimer, Weld
12.43
3.22
1744
PAINTER (Spray Only)
16.99
2.87
POWER EQUIPMENT OPERATOR:
Asphalt Laydown
1745
Larimer
26.75
5.39
1746
Mesa, Weld
23.93
7.72
1747
Asphalt Paver
21.50
3.50
Asphalt Roller
1748
Larimer
23.57
3.50
1749
Mesa
24.25
3.50
1750
Weld
27.23
3.50
Asphalt Spreader
1751
Larimer
25.88
6.80
1752
Mesa, Weld
23.66
7.36
Backhoe/Trackhoe
1753
Larimer
21.46
4.85
1754
Mesa
19.81
6.34
1755
Weld
20.98
6.33
Bobcat/Skid Loader
1756
Larimer
17.13
4.46
1757
Mesa, Weld
15.37
4.28
1758
Boom
22.67
8.72
Broom/Sweeper
1759
Larimer
23.55
6.20
1760
Mesa
23.38
6.58
1761
Weld
23.23
6.89
137
-4-
U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO
HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - C0170024
DATE 01-06-17
General Decision No. C0170024
The wage and fringe benefits listed below do not reflect collectivel3 bargained rates.
Code
Classification
Basic Hourly
Rate
Fringe Benefits
Last
Mod
POWER EQUIPMENT OPERATOR (con't):
Bulldozer
1762
Larimer, Weld
22.05
6.23
1763
Mesa
22.67
8.72
1764
Crane
26.75
6.16
Drill
1765
Larimer, Weld
31.39
0.00
1766
Mesa
35.06
0.00
1767
Forklift
15.91
4.68
Grader/Blade
1768
Larimer
24.82
5.75
1769
Mesa
23.42
9.22
1770
Weld
24.53
6.15
1771
Guardrail/Post Driver
16.07
4.41
1772
Loader (Front End)
1773
Larimer
20.45
3.50
1774
Mesa
22.44
9.22
1775
Weld
23.92
6.67
Mechanic
1776
Larimer
27.68
4.57
1777
Mesa
25.50
5.38
1778
Weld
24.67
5.68
Oiler
1779
Larimer
24.16
8.35
1780
Mesa
23.93
9.22
Roller/Compactor (Dirt and Grade Compaction)
1781
Larimer
23.67
8.22
1782
Mesa, Weld
21.33
6.99
138
-5-
U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO
HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO170024
DATE 01-06-17
General Decision No. CO170024
The wage and fringe benefits listed below do not reflect collectivel3 bargained rates.
Code
Classification
Basic Hourly
Rate
Fringe Benefits
Last
Mod
POWER EQUIPMENT OPERATOR (con't.):
Rotomill
1783
Larimer
18.59
4.41
1784
Weld
16.??
4.41
Scraper
1785
Larimer
21.33
3.50
1786
Mesa
24.06
4.13
1787
Weld
30.14
1.40
Screed
1788
Larimer
27.20
5.52
1789
Mesa
27.24
5.04
1790
Weld
27.95
3.50
1791
Tractor
13.13
2.95
TRAFFIC SIGNALIZATION:
Groundsman
1792
Larimer
11.44
2.84
1793
Mesa
16.00
5.85
1794
Weld
16.93
3.58
TRUCK DRIVER:
Distributor
1795
Larimer
19.28
4.89
1796
Mesa
19.17
4.84
1797
Weld
20.61
5.27
Dump Truck
1798
Larimer
18.86
3.50
1799
Mesa
15.27
4.28
1800
Weld
15.27
5.27
139
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U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO
HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO170024
DATE 01-06-17
General Decision No. CO170024
The wage and fringe benefits listed below do not reflect collectivel3 bargained rates.
Code
Classification
Basic Hourly
Rate
Fringe Benefits
Last
Mod
TRUCK DRIVER (con't.):
Lowboy Truck
1801
Larimer
18.96
5.30
1802
Mesa, Weld
18.84
5.17
1803
Mechanic
26.48
3.50
Multi -Purpose Specialty & Hoisting Truck
1804
Larimer, Mesa
16.65
5.46
1805
Weld
16.87
5.56
1806
Pickup and Pilot Car
13.93
3.68
1807
Semi/Trailer Truck
18.39
4.13
1808
Truck Mounted Attenuator
12.43
3.22
Water Truck
1809
Larimer
19.14
4.99
1810
Mesa
15.96
5.27
1811
Weld
19.28
5.04
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 (29 CFR 5.5(a)(1)(ii)).
In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained
wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.
140
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U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO
HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO170024
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
DATE 01-06-17
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 NO. CO170024
141
February 3, 2011
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AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
A. AFFIRMATIVE ACTION REQUIREMENTS
Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246)
1. The 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 area are as
follows:
Goals and Timetable for Minority Utilization
Timetable - Until Further Notice
Economic
Area
Standard Metropolitan
Statistical Area (SMSA)
Counties
Involved
Goal
157
(Denver)
2080 Denver -Boulder
Adams, Arapahoe, Boulder, Denver,
Douglas, Gilpin, Jefferson
13.8%
2670 Fort Collins
Larimer
6.9%
3060 Greeley
Weld
13.1%
Non SMSA Counties
Cheyenne, Clear Creek, Elbert,
Grand, Kit Carson, Logan, Morgan,
Park, Phillips, Sedgwick, Summit,
Washington & Yuma
12.8%
158
(Colo. Spgs. -
Pueblo)
1720 Colorado Springs
El Paso, Teller
10.9%
6560 Pueblo
Pueblo
27.5%
Non SMSA Counties
Alamosa, Baca, Bent, Chaffee,
Conejos, Costilla, Crowley, Custer,
Fremont, Huerfano, Kiowa, Lake,
Las Animas, Lincoln, Mineral, Otero,
Prowers, Rio Grande, Saguache
19.0%
159
(Grand Junction)
Non SMSA
Archuleta, Delta, Dolores, Eagle,
Garfield, Gunnison, Hinsdale,
La Plata, Mesa, Moffat, Montezuma,
Montrose, Ouray, Pitkin, Rio Blanco,
Routt, San Juan, San Miguel
10.2%
156 (Cheyenne -
Casper WY)
Non SMSA
Jackson County, Colorado
7.5%
GOALS AND TIMETABLES
Until Further Notice
FOR FEMALE UTILIZATION
6.9% -- Statewide
February 3, 2011
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AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally
assisted) performed in the covered area. If the Contractor performs construction work in a geographical
area located outside of the covered area, it shall apply the goals established for such geographical area
where the work is actually performed. With regard to this second area, the Contractor also is subject to
the goals for both its federally involved and non -federally involved construction.
The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based
on its implementation of the Equal Opportunity Clause specific affirmative action obligations required by
the specifications set forth in 41 CFR 60-4.3(a), and its efforts meet the goals established for the
geographical area where the contract resulting form this solicitation is to be performed. The hours of
minority and female employment and training must be substantially uniform throughout the length of the
contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and
women evenly on each of its projects. The transfer of minority or female employees or trainees from
Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals
shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Par 60-4.
Compliance with the goals will be measured against the total work hours performed.
3. The Contractor shall provide written notification to the Director of the Office of Federal Contract
Compliance Programs within 10 working days of award of any construction subcontract in excess
of $10,000 at any tier for construction work under the contract resulting from this solicitation. The
notification shall list the name, address and telephone number of the subcontractor; employer
identification number; estimated dollar amount of the subcontract; estimated starting and
completion dates of the subcontract; and the geographical area in which the contract is to be
performed.
4. As used in this specification, and in the contract resulting from this solicitation, the "covered area"
is the county or counties shown on the Invitation for Bids and on the plans. In cases where the
work is in two or more counties covered by differing percentage goals, the highest percentage will
govern.
February 3, 2011
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AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
B. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT
SPECIFICATIONS
Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246)
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
Subcontractor 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. Covered Construction contractors performing construction work in geographical
areas where they do not have a Federal or federally assisted construction contract shall apply the
minority and female goals established for the geographical area where the work is being performed.
Goals are published periodically in the Federal Register in notice form, and such notices may be obtained
from any office of Federal Contract Compliance Programs Office or from Federal procurement contracting
officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each
craft during the period specified.
February 3, 2011
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AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
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 nonworking 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 union 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 of community
organization and of what action was taken with respect to each 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 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 he 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 minorities 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 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 Contractor's EEO
policy on bulletin boards accessible to all employees at each location where construction work is
performed.
February 3, 2011
5
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
g.
Review, at least annually, the Contractor'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 Foreman, 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 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 recruitment 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 tests 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.
I. Conduct, at least annually, an inventory and evaluation at least 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 Contractor's activities are nonsegregated 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 supervisor's adherence to and performance under the
Contractor's EEO policies and affirmative action obligation.
February 3, 2011
6
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
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 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 goal 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 thought 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 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).
February 3, 2011
7
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
C. SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES.
1. General.
a. Equal employment opportunity requirements not to discriminate and to take affirmative action to assure
equal employment opportunity as required by Executive Order 11246 and Executive Order 11375 are
set forth in Required Contract. Provisions (Form FHWA 1273 or 1316, as appropriate) and these
Special Provisions which are imposed pursuant to Section 140 of Title 23, U.S.C., as established by
Section 22 of the Federal -Aid highway Act of 1968. The requirements set forth in these Special
Provisions shall constitute the specific affirmative action requirements for project activities under this
contract and supplement the equal employment opportunity requirements set forth in the Required
Contract provisions.
b. The Contractor will work with the State highway agencies and the Federal Government in carrying out
equal employment opportunity obligations and in their review of his/her activities under the contract.
c. The Contractor and all his/her subcontractors holding subcontracts not including material suppliers, of
$10,000 or more, will comply with the following minimum specific requirement activities of equal
employment opportunity: (The equal employment opportunity requirements of Executive Order 11246,
as set forth in Volume 6, Chapter 4, Section 1, Subsection 1 of the Federal -Aid Highway Program
Manual, are applicable to material suppliers as well as contractors and subcontractors.) The
Contractor will include these requirements in every subcontract of $10,000 or more with such
modification of language as is necessary to make them binding on the subcontractor.
2. Equal Employment Opportunity Policy. The Contractor will accept as his operating policy the following
statement which is designed to further the provision of equal employment opportunity to all persons
without regard to their race, color, religion, sex, or national origin, and to promote the full realization of
equal employment opportunity through a positive continuing program;
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, or national origin. 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.
3. Equal Employment Opportunity Officer. The Contractor will designate and make known to the State highway
agency contracting officers and equal employment opportunity officer (herein after referred to as the EEO
Officer) who will have the responsibility for an must be capable of effectively administering and promoting
an active contractor program of equal employment opportunity and who must be assigned adequate
authority and responsibility to do so.
4. Dissemination of Policy.
a. 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 equal employment opportunity policy
and contractual responsibilities to provide equal employment opportunity 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;
(1) 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 equal
employment opportunity policy and its implementation will be reviewed and explained. The
meetings will be conducted by the EEO Officer or other knowledgeable company official.
February 3, 2011
8
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
(2) All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO
Officer or other knowledgeable company official, covering all major aspects of the Contractor's
equal employment opportunity obligations within thirty days following their reporting for duty with
the Contractor.
(3) All personnel who are engaged in direct recruitment for the project will be instructed by the EEO
Officer or appropriate company official in the Contractor's procedures for locating and hiring
minority group employees.
b. In order to make the Contractor's equal employment opportunity policy known to all employees,
prospective employees and potential sources of employees, i.e., schools, employment agencies,
labor unions (where appropriate), college placement officers, etc., the Contractor will take the
following actions:
(1) Notices and posters setting forth the Contractor's equal employment opportunity policy will be
placed in areas readily accessible to employees, applicants for employment and potential
employees.
(2) The Contractor's equal employment opportunity 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.
5. Recruitment.
a. When advertising for employees, the Contractor will include in all advertisements for employees the
notation; "An Equal Opportunity Employer." All such advertisements will be published in
newspapers or other publications having a large circulation among minority groups in the area
from which the project work force would normally be derived.
b. 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, including, but not limited to, State employment agencies, schools, colleges and
minority group organizations. To meet this requirement, the Contractor will, through his EEO
Officer, 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.
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 equal employment opportunity contract provisions. (The
U.S. Department of Labor 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 by posting appropriate notices or bulletins in areas accessible to all such employees.
In addition, information and procedures with regard to referring minority group applicants will be
discussed with employees.
'6. 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, or
national origin. 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.
February 3, 2011
9
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
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 Contract 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.
7. 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.
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.
8. 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 with the unions, and to effect referrals by such unions of minority and
female employees. Actions by the Contractor either directly or thorough 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 equal employment opportunity 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, or national origin.
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 State highway department and shall set forth what efforts have been made to obtain
such information.
February 3, 2011
10
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
d. In the event the union is unable to provide the Contractor with a reasonable flow of minority and women
referrals within he 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 or national origin; making full efforts to obtain qualified and/or qualifiable minority group
persons and women. (The U.S. Department of Labor 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 State highway agency.
9. Subcontracting.
a. The Contractor will use his best efforts to solicit bids from and to utilize minority group subcontractors or
subcontractors with meaningful minority group and female representation among their employees.
Contractors shall obtain lists of minority -owned construction firms from State highway agency
personnel.
b. The Contractor will use his best efforts to ensure subcontractor compliance with their equal employment
opportunity obligations.
10. Records and Reports.
a. The Contractor will keep such records as are necessary to determine compliance with the Contractor's
equal employment opportunity obligations. The records kept by the Contractor will be designed to
indicate:
(1) The number of minority and nonminority group members and women employed in each work
classification on the project.
(2) The Progress and efforts being made in cooperation with unions to increase employment
opportunities for minorities and women (applicable only to contractors who rely in whole or in part
on unions as a source of their work force).
(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 minority group subcontractors or
subcontractors with meaningful minority and female representation among their employees.
b. All such records must 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 State highway agency and the Federal Highway Administration.
c. The Contractors will submit an annual report to the State highway agency 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 PR 1391.
December 26, 2013
1
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
REQU IREMENTS
1. Overview
The Disadvantaged Business Enterprise (DBE) Program is a federally -mandated program that seeks to ensure
non-discrimination in the award of U.S. Department of Transportation (DOT) -assisted contracts and to create a
level playing field on which DBEs can compete fairly for DOT -assisted contracts. To such end, CDOT sets a
contract goal for DBE participation for each DOT -assisted Contract.
In order to be awarded the Contract, the bidder shall show that it has committed to DBE participation sufficient to
meet the goal or has otherwise made good faith efforts to do so. CDOT will amend the goal prior to award if the
lowest apparent bidder demonstrates that good faith efforts were made but sufficient commitments to meet the
goal could not be obtained.
CDOT will monitor the progress of the Contractor throughout the project to ensure that the Contractor's DBE
commitments are being fulfilled. Modifications to the commitments must be approved by CDOT. CDOT may
withhold payment or seek other contractual remedies if the Contractor is not complying with the requirements of
this special provision. Upon completion of the Contract, CDOT may reduce the final payment to the Contractor if
the Contractor has failed to fulfill the commitments or made good faith efforts to meet the contract goal.
For general assistance regarding the DBE program and compliance, contact CDOT's Civil Rights and Business
Resource Center (CRBRC) at (303)757-9234. For project specific issues, contact the Engineer.
All forms referenced herein can be found on the CDOT website in the forms library:
http://www.coloradodot.info/library/forms/cdot-forms-by-number
2. Contract Assurance
By submitting a proposal for this Contract, the bidder agrees to the following assurance and shall include it
verbatim in all (including non -DBE) subcontracts:
The contractor, subrecipient 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 a material breach of this contract, which may result in the termination of this contract or
such other remedy as CDOT deems appropriate.
3. Definitions
Terms not defined herein shall have the meaning provided in the CDOT Standard Specifications for Road and
Bridge Construction.
A. Commitment. A commitment is a portion of the Contract, identified by dollar amount and work area,
designated by the bidder or Contractor for participation by a particular DBE. Commitments are submitted
to CDOT via Form 1414, Anticipated DBE Participation Plan, or via Form 1420, DBE Plan Modification
Request. Once approved, commitments are obligations of the Contract that are enforceable by CDOT.
B. Commercially Useful Function (CUF). Responsibility for the execution of the work and carrying out such
responsibilities by actually performing, managing and supervising the work as further described in Section
8 below.
C. Contract Goal. The percentage of the contract designated by CDOT for DBE participation. The contract
goal for this contract is provided in the Project Special Provision Disadvantaged Business Enterprise
December 26, 2013
2
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
DEFINITIONS AND REQUIREMENTS
Contract Goal.
(1) The bidder/Contractor shall make good faith efforts to fulfill the contract goal with eligible DBE
participation. For determining whether the contract goal was met prior to award, the contract
goal shall be based upon the proposal amount excluding force account items. For
determining whether the contract goal was met during and upon completion of the project, the
contract goal shall be based upon the total earnings amount.
(2) If the lowest apparent bidder demonstrates that it was unable to meet the contract goal but
made good faith efforts to do so, the contract goal will be amended and the revised contract
goal will be provided on Form 1417, Approved DBE Participation Plan.
D. Disadvantaged Business Enterprise (DBE). A Colorado -certified Disadvantaged Business Enterprise
listed on the Colorado Unified Certification Program (UCP) DBE Directory at www.coloradodbe.org.
E. DBE Program Manual. The manual maintained by the CRBRC which details CDOT's policies and
procedures for administering the DBE program. A copy of the DBE Program Manual is available on the
CRBRC webpage.
F. Eligible Participation. Work by a DBE that counts toward fulfillment of the contract goal as described in
Section 4 below.
G. Good Faith Efforts. All necessary and reasonable steps to achieve the contract goal which, by their
scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient
DBE participation, even if not fully successful. Good faith efforts are evaluated prior to award and
throughout performance of the Contract. For guidance on good faith efforts, see 49 CFR Part 26,
Appendix A.
H. Joint Check. A check issued by the Contractor or one of its subcontractors to a DBE firm and a material
supplier or other third party for materials or services to be incorporated into the work.
I. Reduction. A reduction occurs when the Contractor reduces a commitment to a DBE. A reduction
constitutes a partial termination.
J. Subcontractor. An individual, firm, corporation or other legal entity to whom the Contractor sublets part of
the Contract. For purposes of this special provision, the term subcontractor includes suppliers.
K. Substitution. Substitution occurs when a Contractor seeks to find another DBE to perform work on the
contract as a result of a reduction or termination.
L. Termination. A termination occurs when a Contractor no longer intends to use a DBE for fulfillment of a
commitment.
M. Total Earnings Amount: Amount of the Contract earned by the Contractor, including approved changes
and approved force account work performed, but not including any deductions for liquidated damages,
price reduced material, work time violations, overweight loads or liens. The amount of the Contract
earned does not include plan force account items (i.e. OJT, pavement incentives, etc).
N. Work Code. A code to identify the work that a DBE is certified to perform. A work code includes a six digit
North American Industry Classifications System code plus a descriptor. Work codes are listed on a firm's
profile on the UCP DBE Directory. The Contractor may contact the CRBRC to receive guidance on
whether a work code covers the work to be performed.
December 26, 2013
3
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
DEFINITIONS AND REQUIREMENTS
4. Eligible Participation
The following rules will be used to determine whether work performed by a DBE qualifies as eligible participation
on the Contract:
A. Work Must be Identified in Commitment. The work performed by the DBE must be reasonably construed
to be included in the work area and work code identified by the Contractor in the approved commitment.
(1) If the Contractor intends to use a DBE for work that was not listed in the commitment, the
Contractor shall submit Form 1420, DBE Participation Plan Modification for approval of the
modification. Unapproved work will not count toward the contract goal.
(2) A DBE commitment cannot be modified to include work for which the DBE was not certified at
the time of the approval of the original commitment.
B. DBE Must be Certified to Perform the Work. The DBE must be certified to perform the work upon
submission of the commitment and upon execution of the DBE's subcontract.
(1) When a commitment has been made, but upon review of Form 205 or 205B, Sublet Permit,
CDOT determines that the DBE is no longer certified in the work code which covers the work
to be performed, the Contractor may not use the DBE's participation toward the contract goal.
The Contractor shall terminate the DBE commitment and seek substitute DBE participation in
accordance with Section 9 below.
(2) A DBE's work will continue to count as eligible participation if the DBE was certified upon
approval of Form 205 or 205B, Sublet Permit and the certification status changes during the
performance of the work.
(3) Suppliers must be certified upon execution of the purchase order.
C. DBE Performs the Work. Eligible participation will only include work actually performed by the DBE with
its own forces.
(1) Work performed by the DBE includes the cost of supplies and materials obtained by the DBE
for its work on the Contract, including any equipment leased by the DBE, provided that such
supplies or equipment are not purchased or leased from the Contractor or a subcontractor
that is subletting to the DBE.
(2) If CDOT determines that a DBE has not performed a CUF on the project, no participation by
such DBE shall count toward the contract goal.
D. DBE Subcontracts to Another Firm. When a DBE subcontracts part of the work, the value of the
subcontracted work may only be counted toward the goal if the subcontractor is a DBE. Performance by
non -DBE subcontractors, including non -DBE trucking firms and owner -operators, shall be deducted from
the DBE's participation.
E. DBE Received Payment for the Work. Eligible participation only includes work for which the DBE has
received payment, including the release of its retainage.
F. Special Calculations for Suppliers. When a DBE supplies goods on a project, the DBE may be classified
as a manufacturer, dealer or broker. The DBE's status as a manufacturer, dealer or broker is determined
on a contract -by -contract basis and is based upon the actual work performed.
(1) When a DBE is deemed to be acting as a manufacturer, one hundred percent of the
commitment will count as eligible participation.
December 26, 2013
4
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
DEFINITIONS AND REQUIREMENTS
(2) When a DBE is deemed to be acting as a regular dealer (i.e. non -manufacturer supplier), only
sixty percent of the commitment will count as eligible participation.
(3) When a DBE is deemed to be acting as a broker, only the reasonable brokerage fee will
count as eligible participation.
G. Reasonable Fee for Contract -Specific Services. Services shall count toward the contract goal only if they
are specifically required for the performance of the Contract. Non -contract specific expenses may not be
counted toward the contract goal. Fees for services must be reasonable. Services include but are not
limited to professional services, public involvement, etc. In the case of temporary employment placement
agencies, only the placement fee for an individual to be specifically and exclusively used for work on the
contract shall count as eligible participation.
H. Pre -Approval for Joint Venture Participation. When a DBE is a participant in a joint venture, the DBE
must apply to CDOT to determine how much of the work performed by the joint venture will count toward
the contract goal. The DBE shall complete Form 893, Information for Determining DBE Participation
when a Joint Venture Includes a DBE. Form 893 shall be submitted to CDOT no less than ten days
before the submission of the Proposal to ensure sufficient time for review.
5. Proposal Requirements
In order to be eligible for award, the following shall be submitted with the proposal, or, for electronic bidders, via
email to cdot hq dbeforms@state.co.us by the proposal submission deadline. In order to avoid an error within
the electronic bidding system, electronic bidders shall also enter the total percentage of anticipated eligible DBE
participation into the Form 714 and electronically sign the form.
A. Form 1413, Bidders List. The bidder shall list each subcontractor (including both DBE and non -DBE
subcontractors) that submitted a quote for participation on the project. Failure to submit a signed Form
1413 will result in rejection of the proposal.
B. Form 1414, Anticipated DBE Participation Plan. If the Contract Goal is greater than zero, the bidder shall
submit Form 1414 to document anticipated DBE participation.
(1) If the Bidder has not obtained any DBE commitments, it shall still submit Form 1414 documenting
zero anticipated participation. If the Contract Goal is greater than zero, failure to submit a signed
Form 1414 shall result in rejection of the proposal.
(2) The bidder shall list the DBE, work area(s), commitment amount and estimated eligible
participation for each commitment. Once Form 1414 is submitted, a commitment may only be
terminated or reduced in accordance with Section 9 below. The bidder is responsible for
ensuring that commitments, and the estimated eligible participation resulting therefrom, have
been properly calculated prior to submitting its proposal.
(3)
If the bidder is a DBE, the bidder must include itself in Form 1414 and list the work area(s) and
amount that it intends to self -perform and count as eligible participation on the contract.
(4) Commitments may be made to second tier or lower DBE subcontractors; however, the Contractor
is ultimately responsible for the fulfillment of the commitment and shall sign the Form 1415,
Commitment Confirmation.
6. Additional Forms Due Prior to Award.
If the contract goal is greater than zero, or if the bidder has voluntarily made commitments, the Bidder shall
submit the following forms within five calendar days of selection as the lowest apparent bidder:
December 26, 2013
5
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
DEFINITIONS AND REQUIREMENTS
A. Form 1415, Commitment Confirmation. A Form 1415, Commitment Confirmation shall be obtained from
each DBE listed on Form 1414. The bidder shall complete Section 1 and the DBE shall complete
Section 2 of Form 1415. Form 1415s shall be consistent with the commitments listed on Form 1414. The
bidder shall not modify commitments listed on Form 1414 without good cause and approval from CDOT.
The bidder shall contact CDOT if any issues arise which may require the bidder to alter or terminate a
commitment.
B. Form 1416, Good Faith Effort Report. If the total eligible participation listed on Form 1414 does not meet
the contract goal, the lowest apparent bidder shall also submit Form 1416, Good Faith Effort Report and
any supporting documentation that the bidder would like considered by CDOT as evidence of good faith
efforts.
7. Commitment and Good Faith Effort Review
A. Commitment Review. CDOT will evaluate the Form 1414 and each Form 1415 to ensure that it the
commitment is valid and has been properly calculated. CDOT may investigate or request additional
information in order to confirm the accuracy of a commitment. If CDOT determines that the total
estimated eligible participation of the commitments does not meet the contract goal, within two business
days of notice from CDOT or within the original five calendar day deadline, whichever is later, the bidder
shall submit Form 1416 to CDOT.
B. Good Faith Effort Review. If the total eligible participation of Form 1414 and all supporting Form 1415s
does not meet the contract goal, CDOT will review Form 1416 and all supporting documentation
submitted by the bidder in order to determine whether the bidder has demonstrated good faith efforts to
obtain DBE participation. CDOT will use 49 CFR Part 26, Appendix A as a guide for determining
whether the bidder made good faith efforts to meet the contract goal. A bidder will be deemed to not
have made good faith efforts if the bidder lists a DBE for a work area for which the DBE is not certified
and the bidder cannot establish a reasonable basis for its determination. CDOT may consider and
approve commitments made after submission of the bid if the Bidder demonstrates that (1) good faith
efforts were made prior to submission of the bid and (2) there is a reasonable justification for not
obtaining the commitments prior to submission of the bid.
C. Administrative Reconsideration. If CDOT determines that the bidder did not demonstrate good faith
efforts to meet the contract goal, it will provide the bidder with written notice of its determination and an
opportunity to appeal. The process for reconsideration is set forth in the Good Faith Effort Appeal
Process, which is an Appendix Ito the DBE Program Manual. A copy of the Good Faith Effort Appeal
Process will be included in the written notice from CDOT.
D. Form 1417, Approved DBE Participation Plan. If CDOT determines that the bidder has met the contract
goal or made good faith efforts to do so, CDOT will issue Form 1417, Approved DBE Participation Plan,
documenting the approved commitments. If CDOT determines that the bidder did not meet the contract
goal but made good faith efforts to do so, via the Form 1417 CDOT will amend the contract goal in
accordance with the commitments that were obtained and attach an explanation of its determination.
8. Ongoing Oversight of DBE Participation
A. Consistency Review. CDOT will review Form 205 or 205B, Sublet Permit Application to determine
whether the work being sublet is consistent with the DBE commitments. CDOT may withhold approval of
the sublet or stop performance of the work if the Contractor has reduced, terminated, or otherwise
modified the type or amount of work to be performed by a DBE without seeking prior approval.
B. Form 1419, DBE Participation Report. The Contractor shall submit Form 1419, DBE Participation Report
to the Engineer on a quarterly basis (January 15, April 15, July 15, and October 15) and upon completion
of the Contract. CDOT may withhold progress payments if the quarterly Form 1419 is not received on
time. CDOT will not provide final payment on the Contract in accordance with subsection 109.09 of
December 26, 2013
6
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
DEFINITIONS AND REQUIREMENTS
CDOT's Standard Specifications for Road and Bridge Construction until the final Form 1419 has been
reviewed and approved.
C. Joint Checks. All joint checks must be approved by CDOT before they are used in payment to a DBE.
Joint checks used in payments to DBEs will be monitored closely to ensure (1) the DBE is performing a
CUF and (2) the joint checks are not being used in a discriminatory manner. The Contractor shall request
approval for the use of a joint check in a written letter signed by the DBE and the Contractor, stating the
reason for the joint checks and the approximate number of checks that will be needed.
D. Commercially Useful Function. CDOT will monitor performance during the Contract to ensure each DBE
is performing a CUF. If CDOT determines that a DBE is not performing a CUF, no work performed by
such DBE shall count as eligible participation. The DBE, Contractor, and any other involved third parties
may also be subject to additional enforcement actions.
(1) When determining whether a DBE is performing a CUF, CDOT will consider the amount of work
subcontracted, industry practices, the amount the firm is to be paid compared to the work
performed and eligible participation claimed, and any other relevant factors.
(2) With respect to material and supplies used on the Contract, in order to perform a CUF the DBE
must be responsible for negotiating price, determining quality and quantity, ordering the material,
installing the material, if applicable, and paying for the material itself.
(3)
With respect to trucking, in order to perform a CUF, the DBE trucking firm must own and operate at
least one fully licensed, insured and operational truck used on the Contract. Additionally, the DBE
trucking firm must be responsible for the management and supervision of the entire trucking
operation for which it is responsible on the Contract.
(4) A DBE does not perform a CUF when its role is limited to that of an extra participant in a
transaction, contract or project through which funds are passed in order to obtain the appearance of
DBE participation. CDOT will evaluate similar transactions involving non -DBEs in order to
determine whether a DBE is an extra participant.
(5)
(6)
If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its
contract with its own work force, or the DBE subcontracts a greater portion of the work than would
be expected on the basis of normal industry practice for the type of work involved, CDOT will
presume that the DBE is not performing a CUF. The DBE may present evidence to rebut this
presumption.
If the Contractor disagrees with CDOT's determination regarding CU F, in accordance with 49 CFR
26.55 the Contractor may seek review of the determination by the applicable USDOT operating
administration, however, CUF determination is not subject to administrative appeal.
9. DBE Participation Plan Modifications
A. Form 1420, DBE Participation Plan Modification Request. During the performance of the Contract, the
Contractor shall use Form 1420, DBE Participation Plan Modification Request to communicate all
requests for termination, reduction, substitution, and waivers to CDOT. One Form 1420 may include
multiple requests and must be submitted at the time of the occurrence or, if that is not possible, within a
reasonable time of the occurrence requiring termination, reduction, substitution or waiver.
B. Commitment Terminations and Reductions. No commitment shall be terminated or reduced without
CDOT's approval. Terminations and reductions include, but are not limited to, instances in which a
Contractor seeks to perform work originally designated for a DBE subcontractor with its own forces, those
of an affiliate, a non -DBE firm or with another DBE firm. In order to receive approval, the Contractor shall:
December 26, 2013
7
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
DEFINITIONS AND REQUIREMENTS
(1) Have good cause for termination or reduction. Good cause may include:
(i) the DBE fails or refuses to execute a written contract;
(ii) the DBE fails or refuses to perform the work of its subcontract consistent with normal industry
standards, provided that such failure is not the result of bad faith or discriminatory actions of
the Contractor or one of its subcontractors;
(iii) the DBE fails to meet reasonable, nondiscriminatory bond requirements;
(iv) the DBE becomes bankrupt, insolvent, or exhibits credit unworthiness;
(v) the DBE is ineligible to work because of suspension or debarment proceedings or other state
law;
(vi) the DBE is not a responsible contractor;
(vii) the DBE voluntarily withdraws from the project and provides written notice to CDOT,
(viii) the DBE is ineligible to receive DBE credit for the work required;
(ix) the DBE owner dies or becomes disabled and is unable to complete the work;
(x) the DBE ceases business operations or otherwise dissolves;
(xi) or other documented good cause that compels termination. Good cause does not exist if the
Contractor seeks to terminate a DBE it relied upon to obtain the contract so that the Contractor
can self -perform the work for which the DBE was engaged or so that the Contractor can
substitute another DBE or non -DBE contractor after contract award.
(2) Provide the DBE notice of the Contractor's intent to terminate or reduce the commitment and the
reason for such termination or reduction, with a copy to CDOT;
(3)
In the notice of intent, provide the DBE at least five calendar days to respond to the notice and
inform CDOT and the Contractor of the reasons, if any, why it objects to the proposed termination
or reduction and any reasons that it shall not be approved. The Contractor is not required to
provide the five calendar days written notice in cases where the DBE in question has provided
written notice that it is withdrawing from the subcontract or purchase order. The notice period
may be reduced by CDOT if required by public necessity.
(4) Following the notice period, if the Contractor decides to proceed, submit Form 1420 requesting
approval of the termination or reduction.
(5)
When a commitment is terminated or reduced (including when a DBE withdraws), make good
faith efforts to find another DBE to substitute. These good faith efforts shall be directed at finding
another DBE to perform at least the same amount of work under the contract as the participation
that was terminated or reduced up to the contract goal.
C. Contract Changes. In the event of a contract change:
(1) If CDOT eliminates or reduces work committed to a DBE, such change shall be considered good
cause for termination or reduction in accordance with Section 9.B above. The Contractor shall
follow the processes outlined in Section 9.B but is not required to substitute. If the change
December 26, 2013
8
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
DEFINITIONS AND REQUIREMENTS
reduces the Contractor's DBE participation to below the contract goal, the Contractor shall
indicate so on a Form 1420 and request a waiver of the unmet participation.
(2) If CDOT issues a change which increases or adds new work items, the Contractor shall ensure
that it has obtained sufficient DBE participation to meet the Contract Goal, or has made good faith
efforts to do so.
D. Process for Substitution or Increase in Participation to Meet the Contract Goal. When the Contractor
must obtain additional DBE participation to meet the Contract Goal, whether resulting from an approved
termination or reduction or a change to the Contract, the Contractor shall:
(1) Increase the participation of a DBE for any work items previously identified in an approved
commitment without seeking CDOT approval; provided, however, that at its discretion, CDOT
may request a Form 1420 documenting such additional participation; or
(2) If the Contractor needs to add new work to a commitment or obtain additional participation from a
DBE that is not already participating on the contract pursuant to an approved commitment, submit
a Form 1420 and Form 1415 requesting approval of the additional participation; or
(3) If the Contractor determines that additional DBE participation cannot be obtained, submit a Form
1420 requesting waiver of the participation. The Contractor shall include its justification for not
obtaining additional participation and, at its discretion, CDOT may require additional information
regarding the efforts of the Contractor.
10. Payment Reduction
The Contractor's retainage will not be released until CDOT has determined whether the Contractor will be subject
to a payment reduction. Payment reductions will be calculated as follows:
A. Failure to Fulfill Commitments. If the Contractor terminated or reduced a commitment, the Contractor will
be subject to a payment reduction for any termination or reduction which was not approved via a Form
1420.
B. Failure to Meet Contract Goal. If the Contractor failed to meet the contract goal, the Contractor will be
subject to a payment reduction for the portion of the contract goal that was not met and was not waived
via an approved Form 1420.
C. Duplication. The contractor will not be subject to duplicate reduction for the same offense.
D. Adjustments. CDOT may adjust the payment reduction wherein the Contractor demonstrates that its
failure to obtain DBE participation was due to circumstances outside of its control.
11. Other Enforcement
A. Investigations. As it determines necessary, CDOT may conduct reviews or investigations of participants.
All participants, including, but not limited to, DBE firms and applicants for DBE certification, complainants,
December 26, 2013
9
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
DEFINITIONS AND REQUIREMENTS
and contractors using DBE firms to meet contract goals, are required to cooperate fully and promptly with
compliance reviews, certification reviews, investigations, and other requests for information.
B. Intimidation and retaliation. Participants shall not intimidate, threaten, coerce, or discriminate against any
individual or firm for the purpose of interfering with any right or privilege secured by the DBE program or
because the individual or firm has made a complaint, testified, assisted, or participated in any manner in
an investigation, proceeding, or hearing under the DBE program.
C. Consequences of Non -Compliance. Failure to comply with subsections 11 A. or 11 B. shall be a ground
for appropriate action against the party involved (e.g., with respect to recipients, a finding of
noncompliance; with respect to DBE firms, denial of certification or removal of eligibility and/or suspension
and debarment; with respect to a complainant or appellant, dismissal of the complaint or appeal; with
respect to a contractor which uses DBE firms to meet goals, findings of non -responsibility for future
contracts and/or suspension and debarment).
D. Fraud and Misrepresentation. If CDOT determines that a Contractor or subcontractor was a knowing and
willing participant in any intended or actual subcontracting arrangement contrived to artificially inflate DBE
participation or any other business arrangement determined by CDOT to be unallowable, or if the
Contractor engages in repeated violations, falsification or misrepresentation, CDOT may:
(1) refuse to count any fraudulent or misrepresented DBE participation;
(2) withhold progress payments to the Contractor commensurate with the violation;
(3) suspend or reduce the Contractor's prequalification status;
(4) refer the matter to the Office of Inspector General of the US Department of Transportation for
investigation; or
(5) seek any other available contractual remedy.
July 29, 2011
1
ON THE JOB TRAINING
This training special provision is an implementation of 23 U.S.C. 140 (a). The Contractor shall meet the
requirements of the FHWA 1273 for all apprentices and trainees.
As part of the Contractor's Equal Employment Opportunity Affirmative Action Program, training shall be provided
on projects as follows:
1. The Contractor shall provide on the job training aimed at developing full journey workers in the skilled
craft identified in the approved training plan. The Contractor shall provide at a minimum, required training
hours listed in the Project Special Provisions for each project.
The primary objective of this specification is to train and upgrade women and minority candidates to full
journey worker status. The Contractor shall make every reasonable effort to enroll and train minority and
women workers. This training commitment shall not be used to discriminate against any applicant for
training whether or not the applicant is a woman or minority.
3. The Contractor may employ temporary workers from CDOT supportive services providers to meet OJT
requirements. Information pertaining to supportive services providers may be obtained by calling the
CDOT OJT Coordinator at the number shown on the link Imp: :: www.coloradodol.in Co business cqual-
opporlun i lv?lY�iin in �. hlnll
4. An employee shall not be employed or utilized as a trainee in a skilled craft in which the employee has
achieved journey status.
5. The minimum length and type of training for each skilled craft shall be as established in the training
program selected by the Contractor and approved by the Department and the Colorado Division of the
Federal Highway Administration (FHWA), or the U. S Department of Labor (DOL), Office of
Apprenticeship or recognized state apprenticeship agency. To obtain assistance or program approval
contact:
CDOT Center for Equal Opportunity
4201 East Arkansas Avenue
Denver, CO 80222
co(a do1.5Lilc.co.us
1-800-925-3427
6. The Contractor shall pay the training program wage rates and the correct fringe benefits to each
approved trainee employed on the project and enrolled in an approved program. The minimum trainee
wage shall be no less than the wage for the Guardrail Laborer classification as indicated in the wage
decision for the project.
7. The CDOT Regional Civil Rights Manager must approve all proposed apprentices and trainees for the
participation to be counted toward the project goal and reimbursement. Approval must occur before
training begins. Approval for the apprentice or trainee to begin work on a CDOT project will be based on:
A. Evidence of the registration of the trainee or apprentice into the approved training program.
B. The completed Form 838 for each trainee or apprentice as submitted to the Engineer.
8. Before training begins, the Contractor shall provide each trainee with a copy of the approved training
program, pay scale, pension and retirement benefits, health and disability benefits, promotional
opportunities, and company policies and complaint procedures.
9. Before training begins, the Contractor shall submit a copy of the approved training program and CDOT
Form 1337 to the Engineer. Progress payments may be withheld until this is submitted and approved and
may be withheld if the approved program is not followed.
July 29, 2011
2
ON THE JOB TRAINING
10. On a monthly basis, the Contractor shall provide to the Engineer a completed On the Job Training
Progress Report (Form 832) for each approved trainee or apprentice on the project. The Form 832 will
be reviewed and approved by the Engineer before reimbursement will be made. The Contractor will be
reimbursed for no more than the OJT Force Account budget. At the discretion of the Engineer and if
funds are available, the Engineer may increase the force account budget and the number of reimbursable
training hours through a Change Order. The request to increase the force account must be approved by
the Engineer prior to the training.
11. Upon completion of training, transfer to another project, termination of the trainee or notification of final
acceptance of the project, the Contractor shall submit to the Engineer a "final" completed Form 832 for
each approved apprentice or trainee.
12. All forms are available from the CDOT Center for Equal Opportunity, through the CDOT Regional Civil
Rights Manager, or on CDOT's website at
http://www.coloradodot.info/businessibidding/Biddinq°/020Forms/Bid°/020Winner°/020Forms
13. Forms 838 and 832 shall be completed in full by the Contractor. Reimbursement for training is based on
the number of hours of on the job training documented on the Form 832 and approved by the Engineer.
The Contractor shall explain discrepancies between the hours documented on Form 832 and the
corresponding certified payrolls.
14. The OJT goal (# of training hours required) for the project will be included in the Project Special
Provisions and will be determined by the Regional Civil Rights Manager after considering:
A. Availability of minorities, women, and disadvantaged for training;
B. The potential for effective training;
C. Duration of the Contract;
D. Dollar value of the Contract;
E. Total normal work force that the average bidder could be expected to use;
F. Geographic location;
G. Type of work; and
H. The need for additional journey workers in the area
I. The general guidelines for minimum total training hours are as follows:
Contract dollar value
Up to 1 million
>1 - 2 million
>2 - 4 million
>4 - 6 million
>6 - 8 million
>8 - 12 million
>12 - 16 million
>16 - 20 million
For each increment of
$5 million, over $20
million
Minimum total training
hours to be provided
on the project
0
320
640
1280
1600
1920
2240
2560
1280
July 29, 2011
3
ON THE JOB TRAINING
15. The number of training hours for the trainees to be employed on the project shall be as shown in the
Contract. The trainees or apprentices employed under the Contract shall be registered with the
Department using Form 838, and must be approved by the Regional Civil Rights Manager before
training begins for the participation to be counted toward the OJT project goal. The goal will be met
by an approved trainee or apprentice working on that project; or, if a Contractor's apprentice is
enrolled in a DOL approved apprenticeship program and registered with CDOT using Form 838 and
working for the Contractor on a non -C DOT project. The hours worked on the non-CDOT project may
be counted toward the project goal with approved documentation on Form 832. Training hours will be
counted toward one project goal.
16. Subcontractor trainees who are enrolled in an approved Program may be used by the Contractor to
satisfy the requirements of this specification.
17. The Contractor will be reimbursed $2.00per hour worked for each apprentice or trainee working on a
CDOT project and whose participation toward the OJT project goal has been approved
18. The Contractor shall have fulfilled its responsibilities under this specification if the CDOT Regional
Civil Rights Manager has determined that it has provided acceptable number of training hours.
19. Failure to provide the required training will result in the following disincentives: A sum representing
the number of training hours specified in the Contract, minus the number of training hours worked as
certified on Form 832, multiplied by the journey worker hourly wages plus fringe benefits [(A hours —
B hours worked) x (C dollar per hour + D fringe benefits)] = Disincentives Assessed. Wage rate will
be determined by averaging the wages for the crafts listed on Form 1337. The Engineer will provide
the Contractor with a written notice at Final Acceptance of the project informing the Contractor of the
noncompliance with this specification which will include a calculation of the disincentives to be
assessed.
April 30, 2015
1
REVISION OF SECTIONS 101 AND 630
CONSTRUCTION ZONE TRAFFIC CONTROL
Sections 101 and 630 of the Standard Specifications are hereby revised for this project as follows:
In subsection 101.01 add the following:
MASH Manual for Assessing Safety Hardware
In subsection 630.01, delete the first paragraph and replace with the following:
630.01 This work consists of furnishing, installing, moving, maintaining, and removing temporary traffic signs,
advance warning arrow panels, flashing beacon (portable), barricades, channelizing devices, delineators,
temporary traffic signals, mobile pavement marking zones, masking and unmasking existing signs in construction
zones, and concrete barriers as required by the Manual on Uniform Traffic Control Devices for Streets and
Highways and the Colorado Supplement thereto, in accordance with the Contract. Devices shall comply with the
performance criteria contained in NCHRP Report 350 (only applicable for devices developed prior to 2011) or
MASH (acceptable for all devices). Devices temporarily not in use shall, as a minimum, be removed from the
shoulder area. Moving will include devices removed from the project and later returned to use.
In subsection 630.02, delete the second paragraph, and replace with the following:
Temporary sign support assembly shall be timber, perforated square metal tubing inserted into a larger base post
or slip base or perforated metal U -channel with a slip base. The temporary sign support assembly shall conform
to NCHRP (only applicable for sign support assemblies developed prior to 2011) or MASH (acceptable for all sign
support assemblies), and AASHTO requirements regarding temporary sign supports during construction.
Subsection 630.02 shall include the following:
If a timber post is selected, it shall conform to the requirements of subsection 614.02.
In subsection 630.07(a), delete the first paragraph and replace with the following:
(a) Stackable Vertical Panels. Stackable vertical panels shall comply with the crash test requirements contained
in NCHRP Report 350 (only applicable for vertical panels developed prior to 2011) or MASH (acceptable for
all vertical panels) and shall meet MUTCD requirements for vertical panels. Vertical panels shall be
retroreflectorized with Type IV sheeting, in accordance with subsection 630.02. The stackable vertical panels
shall have the following properties:
In subsection 630.07(b), delete the first paragraph and replace with the following:
(b) Stackable Tubular Markers. Stackable tubular markers shall comply with the crash test requirements
contained in NCHRP Report 350 (only applicable for stackable tubular markers developed prior to 2011) or
MASH (acceptable for all stackable tubular markers) and shall conform to MUTCD requirements for Tubular
Markers. The stackable tubular markers shall have the following properties:
In subsection 630.09, delete the second and third paragraphs, and replace with the following:
Work zone devices designated by FHWA as Category I, II, or III, shall comply with the performance criteria
contained in NCHRP Report 350 (only applicable for devices developed prior to 2011) or MASH (acceptable for
all devices). Devices designated as Category IV, including but not limited to portable or trailer -mounted devices
such as flashing arrow panels, temporary traffic signals, area lighting supports, and changeable message signs
are not required to meet NCHRP 350 or MASH requirements.
Except for Category IV devices, the Contractor shall obtain and present to the Engineer the manufacturer's written
NCHRP 350 (only applicable for devices developed prior to 2011) or MASH (acceptable for all devices)
certification for each work zone device before it is first used on the project.
April 30, 2015
2
REVISION OF SECTIONS 101 AND 630
CONSTRUCTION ZONE TRAFFIC CONTROL
In subsection 630.10(a) (3) (iii), delete the third paragraph, and replace with the following:
Groups 1 and 2 shall each be equipped with a truck -mounted Advance Warning Flashing or Sequencing Arrow
Panel (C Type), and a truck mounted impact attenuator. The impact attenuator shall be located on the rearmost
vehicle of each group. A separate vehicle for this attenuator may be used. Each truck -mounted impact
attenuator shall be certified by the manufacturer to be able to withstand a 62 MPH impact in accordance with
NCHRP 350, Test Level 3 (only applicable for truck -mounted impact attenuators developed prior to 2011) or
MASH, Test Level 3 (acceptable for all truck -mounted impact attenuators). The cone setting truck and the cone
pickup truck shall not be the same vehicle.
In subsection 630.16, delete the 5th paragraph.
July 31, 2014
REVISION OF SECTION 105
CONSTRUCTION SURVEYING
Section 105 of the Standard Specifications is hereby revised for this project as follows:
In subsection 105.13, delete (a) and replace with the following:
(a) Contractor Surveying. When the bid schedule contains pay item 625, Construction Surveying, the
Department will provide control points and bench marks as described in the Contract. The Contractor shall
furnish and set construction stakes establishing lines and grades in accordance with the provisions of Section
625. The Engineer may order extra surveying which will be paid for at a negotiated rate not to exceed $150
per hour.
In subsection 105.13 (b), delete the sixth paragraph and replace with the following:
The Contractor shall be held responsible for the preservation of all stakes and marks, and if any are destroyed,
disturbed or removed by the Contractor, subcontractors, or suppliers, the cost of replacing them will be charged
against the Contractor and will be deducted from the payment for the work at a negotiated rate not to exceed
$150 per hour.
August 11, 2016
1
REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ACCEPTANCE
Section 105 of the Standard Specifications is hereby revised for this project as follows:
Delete subsections 105.22, 105.23 and 105.24 and replace with the following:
105.22 Dispute Resolution. Subsections 105.22, 105.23, and 105.24 detail the process through which the parties
(CDOT and the Contractor) agree to resolve any issue that may result in a dispute. The intent of the process is to
resolve issues early, efficiently, and as close to the project level as possible. Figure 105-1 in the standard special
provisions outlines the process. Specified time frames may be extended by mutual agreement of the Engineer
and the Contractor. In these subsections, when a time frame ends on a Saturday, Sunday or holiday, the time
frame shall be extended to the next scheduled work day.
An issue is a disagreement concerning contract price, time, interpretation of the Contract, or all three between the
parties at the project level regarding or relating to the Contract. Issues include, but are not limited to, any
disagreement resulting from a delay, a change order, another written order, or an oral order from the Project
Engineer, including any direction, instruction, interpretation, or determination by the Project Engineer,
interpretations of the Contract provisions, plans, or specifications or the existence of alleged differing site
conditions.
The Contractor shall be barred from any administrative, equitable, or legal remedy for any issue which meets
either of the following criteria;
1. The Contractor did not to bring the issue to the Project Engineer's attention in writing within 20 days of the
Contractor being aware of the issue.
2. The Contractor fails to continually (weekly or otherwise approved by both parties) work with CDOT towards a
resolution.
A dispute is an issue in which the Contractor and CDOT have not been able to resolve and of which the
Contractor submits a written formal notice of dispute per section (b) below.
A claim is a dispute not resolved at the Resident Engineer level or resolved after a DRB recommendation.
The term "merit" refers to the right of a party to recover on a claim or dispute, irrespective of quantum, based on
the substance, elements, and grounds of that claim or dispute. The term "quantum" refers to the quantity or
amount of compensation or time deserved when a claim or dispute is found to have merit.
Disputes from subcontractors, material suppliers, or any other entity not party to the Contract shall be submitted
through the Contractor. Review of a pass -through dispute does not create privity of Contract between CDOT and
the subcontractor.
If CDOT does not respond within the specified timelines, the Contractor may advance the dispute to the next
level.
When the Project Engineer is a Consultant Project Engineer, actions, decisions, and determinations specified
herein as made by the Project Engineer shall be made by the Resident Engineer.
The dispute resolution process set forth in this subsection shall be exhausted in its entirety prior to initiation of
litigation or arbitration. Failure to comply with the requirements set forth in this subsection shall bar either party
from any further administrative, equitable, or legal remedy. If a deadline is missed that does not prejudice either
party, further relief shall be allowed.
All written notices of dispute shall be submitted within 30 days of date of the Project Engineer's Final Acceptance
letter; see subsection 105.21(b).
When a project has a landscape maintenance period, the Project Engineer will grant partial acceptance in
accordance with subsection 105.21(a). This partial acceptance will be project acceptance of all the construction
work performed prior to this partial acceptance.
All disputes and claims related to the work in which this partial acceptance is granted shall be submitted within 30
days of the Project Engineer's partial acceptance.
August 11, 2016
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ACCEPTANCE
Should the Contractor's dispute use the Total Cost approach for calculating damages, damages will be
determined by subtracting the contract amount from the total cost of performance. Should the Contractor's dispute
use the Modified Total Cost approach for calculating damages, if the Contractor's bid was unrealistic in part,
and/or some of its costs were unreasonable and/or some of its damages were caused by its own errors, those
costs and damages will be deducted from the total cost of performance to arrive at the Modified Total Cost. The
Total Cost or Modified Total Cost basis for calculating damages shall not be available for any disputes or claims
seeking damages where the Contractor could have kept separate cost records at the time the dispute arose as
described in subsection 105.22(a).
(a) Document Retention. The Contractor shall keep full and complete records of the costs and additional time
incurred for each dispute for a period of at least three years after the date of final payment or until dispute is
resolved, whichever is more. The Contractor, subcontractors, and lower tier subcontractors shall provide
adequate facilities, acceptable to the Engineer, for an audit during normal business hours. The Contractor
shall permit the Engineer or Department auditor to examine and copy those records and all other records
required by the Engineer to determine the facts or contentions involved in the dispute. The Contractor shall
identify and segregate any documents or information that the Contractor considers particularly sensitive, such
as confidential or proprietary information.
Throughout the dispute, the Contractor and the Project Engineer shall keep complete daily records of extra
costs and time incurred, in accordance with the following procedures:
1. Daily records shall identify each operation affected, the specific locations where work is affected, and the
potential effect to the project's schedule. Such records shall also reflect all labor, material, and
equipment applicable to the affected operations.
2. On the first work day of each week following the date of the written notice of dispute, the Contractor shall
provide the Project Engineer with the daily records for the preceding week. If the Contractor's records
indicate costs greater than those kept by the Department, the Project Engineer will meet with the
Contractor and present his records to the Contractor at the meeting. The Contractor shall notify the
Engineer in writing within three work days of any inaccuracies noted in, or disagreements with, the
Department's records.
(b) Initial Dispute Resolution Process. To initiate the dispute resolution process the Contractor shall provide a
written notice of dispute to the Project Engineer upon the failure of the Parties to resolve the issue through
negotiation. Disputes will not be considered unless the Contractor has first complied with specified issue
resolution processes such as those specified in subsections 104.02, 106.05, 108.08(a), and 108.08(d).
The Contractor shall supplement the written notice of dispute within 15 days with a written Request for
Equitable Adjustment (REA) providing the following:
(1) The date of the dispute
(2) The nature of the circumstances which caused the dispute
(3) A statement explaining in detail the specific provisions of the Contract and any basis, legal or factual,
which support the dispute.
(4) If any, the estimated quantum, calculated in accordance with methods set forth in subsection
105.24(b)12., of the dispute with supporting documentation
(5) An analysis of the progress schedule showing the schedule change or disruption if the Contractor is
asserting a schedule change or disruption.
The Contractor shall submit as much information on the quantum and impacts to the Contract time as is
reasonably available with the REA and then supplement the REA as additional information becomes
available. If the dispute escalates to the DRB process the DRB shall not hear any issue or consider any
information that was not contained in the Request for Equitable Adjustment and fully submitted to the Project
Engineer and Resident Engineer during the 105.22 process.
August 11, 2016
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ACCEPTANCE
(c) Project Engineer Review. Within 15 days after receipt of the REA, the Project Engineer will meet with the
Contractor to discuss the merits of the dispute. Within seven days after this meeting, the Project Engineer will
issue a written decision on the merits of the dispute.
The Project Engineer will either deny the merits of the dispute or notify the Contractor that the dispute has
merit. This determination will include a summary of the relevant facts, Contract provisions supporting the
determination, and an evaluation of all scheduling issues that may be involved.
If the dispute is determined to have merit, the Contractor and the Project Engineer will determine the
adjustment in payment, schedule, or both within 30 days. When a satisfactory adjustment is determined, it
shall be implemented in accordance with subsections 106.05, 108.08, 109.04, 109.05 or 109.10 and the
dispute is resolved.
If the Contractor accepts the Project Engineer's denial of the merits of the dispute, the dispute is resolved and
no further action will be taken. If the Contractor does not respond in seven days, it will be assumed he has
accepted the denial. If the Contractor rejects the Project Engineer's denial of the merits of the dispute or a
satisfactory adjustment of payment or schedule cannot be agreed upon within 30 days, the Contractor may
further pursue resolution of the dispute by providing written notice to the Resident Engineer within seven
days, according to subsection 105.22(d).
(d) Resident Engineer Review. Within seven days after receipt of the Contractor's written notice to the Resident
Engineer of unsatisfactory resolution of the dispute, the Project Engineer and Resident Engineer will meet
with the Contractor to discuss the dispute. Meetings shall continue weekly for a period of up to 30 days and
shall include a Contractor's representative with decision authority above the project level.
If these meetings result in resolution of the dispute, the resolution will be implemented in accordance with
subsections 108.08, 109.04, 109.05, or 109.10 and the dispute is resolved.
If these meetings do not result in a resolution or the participants mutually agree that they have reached an
impasse, the dispute shall be presented to the Dispute Review Board in accordance with subsection 105.23.
105.23 Dispute Review Board. A Dispute Review Board (DRB) is an independent third party that will provide
specialized expertise in technical areas and administration of construction contracts. The DRB will assist in and
facilitate the timely and equitable resolution of disputes between CDOT and the Contractor in an effort to avoid
animosity and construction delays, and to resolve disputes as close to the project level as possible. The DRB
shall be established and operate as provided herein and shall serve as an independent and impartial board.
There are two types of DRBs: the "On Demand DRB" and the "Standing DRB". The DRB shall be an "On
Demand DRB" unless a "Standing DRB" is specified in the Contract. An On Demand DRB shall be established
only when the Project Engineer initiates a DRB review in accordance with subsection 105.23(a). A Standing
DRB, when specified in the Contract, shall be established at the beginning of the project.
(a) Initiation of Dispute Review Board Review. When a dispute has not been resolved in accordance with
subsection 105.22, the Project Engineer will initiate the DRB review process within 5 days after the period
described in subsection 105.22(d).
(b) Formation of Dispute Review Board. DRBs will be established in accordance with the following procedures:
1. CDOT, in conjunction with the Colorado Contractors Association, will maintain a statewide list of
suggested DRB candidates experienced in construction processes and the interpretation of contract
documents and the resolution of construction disputes. The Board members shall be experienced in
highway and transportation projects. After December 31, 2013 only individuals who have completed
training (currently titled DRB Administration & Practice Training) through the Dispute Resolution Board
Foundation or otherwise approved by CDOT can be a DRB member. When a DRB is formed, the parties
shall execute the agreement set forth in subsection 105.23(l).
2. If the dispute has a value of $250,000 or less, the On Demand DRB shall have one member. The
Contractor and CDOT shall select the DRB member and execute the agreement within 30 days of
August 11, 2016
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ACCEPTANCE
initiating the DRB process. If the parties do not agree on the DRB member, each shall select five
candidates. Each party shall numerically rank their list using a scale of one to five with one being their
first choice and five being their last choice. If common candidates are listed, but the parties cannot
agree, that common candidate with the lowest combined numerical ranking shall be selected. If there is
no common candidate, the lists shall be combined and each party shall eliminate three candidates from
the list. Each party shall then numerically rank the remaining candidates, with No. 1 being the first
choice. The candidate with the lowest combined numerical ranking shall be the DRB member. The
CDOT Project Engineer will be responsible for having all parties execute the agreement.
3. If the dispute has a value over $250,000, the On Demand DRB shall have three members. The
Contractor and CDOT shall each select a member and those two members shall select a third. Once the
third member is approved the three members will nominate one of them to be the Chair and execute the
agreement within 45 days of initiating the DRB process.
4. The Standing DRB shall always have three members. The Contractor and CDOT shall each select a
member and those two members shall select a third member. Once the third member is approved the
three members will nominate one of them to be the Chair.. The Contractor and CDOT shall submit their
proposed Standing DRB members within 5 days of execution of the Contract. The third member shall be
selected within 15 days of execution of the Contract. Prior to construction starting the parties shall
execute the Three Party Agreement. The CDOT Project Engineer will be responsible for having all
parties execute the agreement. The Project Engineer will invite the Standing DRB members to the
Preconstruction and any Partnering conferences.
5. DRB members shall not have been involved in the administration of the project under consideration. DRB
candidates shall disclose to the parties the following relationships:
(I) Prior employment with either party
(2) Prior or current financial interests or ties to either party
(3) Prior or current professional relationships with either party
(4) Anything else that might bring into question the impartiality or independence of the DRB member
(5) Prior to agreeing to serve on a DRB, members shall notify all parties of any other CDOT DRB's they
are serving or that they will be participating in another DRB.
If either party objects to the selection of a potential DRB member based on the disclosures of the
potential member, that potential member shall not be placed on the Board.
6. There shall be no ex parte communications with the DRB at any time.
7. The service of a Board member may be terminated only by written agreement of both parties.
8. If a Board member resigns, is unable to serve, or is terminated, a new Board member shall be selected
within four weeks in the same manner as the Board me member who was removed was originally
selected.
(c) Additional Responsibilities of the Standing Disputes Review Board
1. General. Within 120 days after the establishment of the Board, the Board shall meet at a mutually
agreeable location to:
(1) Obtain copies of the Contract documents and Contractor's schedules for each of the Board members.
(2) Agree on the location of future meetings, which shall be reasonably close to the project site.
(3) Establish an address and telephone number for each Board member for the purposes of Board
business.
2. Regular meetings. Regular meetings of the Board shall be held approximately every 120 to 180 days
throughout the life of the Contract, except that this schedule may be modified to suit developments on the
job as the work progresses. Regular meetings shall be attended by representatives of the Contractor and
the Department.
August 11, 2016
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ACCEPTANCE
3. The Board shall establish an agenda for each meeting which will cover all items that the Board considers
necessary to keep it abreast of the project such as construction status, schedule, potential problems and
solutions, status of past claims and disputes, and potential claims and disputes. Copies of each agenda
shall be submitted to the Contractor and the Department at least seven days before the meeting date.
Oral or written presentations or both shall be made by the Contractor and the Department as necessary
to give the Board all the data the Board requires to perform its functions. The Board will prepare minutes
of each meeting, circulate them to all participants for comments and approval, and issue revised minutes
before the next meeting. As a part of each regular meeting, a field inspection trip of all active segments of
the work at the project site may be made by the Board, the Contractor, and the Department.
4. Advisory Opinions
(1) Advisory opinions are typically used soon after the parties find they have a potential dispute
and have conducted preliminary negotiations but before expenditure of additional resources
and hardening their positions. Advisory opinions provide quick insight into the DRB's likely
assessment of the dispute. This process is quick and may be entirely oral and does not
prejudice the opportunity for a DRB hearing.
(2) Both parties must agree to seek an advisory opinion and so notify the chairperson. The
procedure for requesting and issuing advisory opinions should be discussed with the DRB at
the first meeting with the parties.
(3) The DRB may or may not issue a written opinion, but if a written advisory opinion is issued,
it must be at the specific request of both parties.
(4) The opinion is only advisory and does not require an acceptance or rejection by either party.
If the dispute is not resolved and a hearing is held, the oral presentations and advisory
opinion are completely disregarded and the DRB hearing procedure is followed.
(5) Advisory opinions should be limited to merit issues only.
(d) Arranging a Dispute Review Board Hearing. When the Project Engineer initiates the DRB review process, the
Project Engineer will:
1. Contact the Contractor and the DRB to coordinate an acceptable hearing date and time. The
hearing shall be held at the Resident Engineer's office unless an alternative location is agreed
to by both parties. Unless otherwise agreed to by both parties the DRB hearing will be held
within 30 days after the DRB agreement is signed by the CDOT Chief Engineer.
2. Ensure DRB members have copies of all documents previously prepared by the Contractor and
CDOT pertaining to the dispute, the DRB request, the Contract documents, and the special
provisions at least two weeks before the hearing.
(e) Pre -Hearing Submittal: At least fifteen days prior to the hearing, CDOT and the Contractor shall submit by e-
mail to the DRB Chairperson their parties pre -hearing position paper. The DRB Chairperson shall
simultaneously distribute by e-mail the pre -hearing position papers to all parties and other DRB members, if
any. At the same time, each party shall submit a copy of all its supporting documents to be used at the
hearing to all DRB Members and the other party unless the parties have agreed to a common set of
documents as discussed in #2 below. In this case, CDOT shall submit the common set of documents to the
Board and the Contractor. The pre -hearing position paper shall contain the following:
1. A joint statement of the dispute, and the scope of the desired decision. The joint statement shall
summarize in a few sentences the nature of the dispute. If the parties are unable to agree on the wording
of the joint statement, each party's position paper shall contain both statements, and identify the party
authoring each statement. The parties shall agree upon a joint statement at least 20 days prior to the
hearing and submit it to the DRB or each party's independent statement shall be submitted to the DRB
and the other party at least 20 days prior to the hearing.
August 11, 2016
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ACCEPTANCE
2. The basis and justification for the party's position, with reference to specific contract language and other
supporting documents for each element of the dispute. To minimize duplication and repetitiveness, the
parties may identify a common set of documents that will be referred to by both parties and submit them
in a separate package to the DRB. The engineer will provide a hard copy of the project plans and Project
and Standard Special Provisions, if necessary, to the DRB. Other standard CDOT documents such as
Standard Specifications and M&S Standards are available on the CDOT website.
(1) If any party contends that they are not necessary to the proceedings, the DRB shall determine that
issue in the first instance. Should the DRB determine that a dispute does not involve a party, that
party shall be relieved from participating in the DRB hearing and paying any further DRB costs.
(2) When the scope of the hearing includes quantum, the requesting party's position paper shall include
full cost details, calculated in accordance with methods set forth in subsection 105.24(b)12. The
Scope of the hearing will not include quantum if CDOT has ordered an audit and that audit has not
been completed.
3. A list of proposed attendees at the hearing. In the event of any disagreement, the DRB shall make the
final determination as to who attends the hearing.
4. A list of any intended experts including their qualifications and a summary of what their presentation will
include and an estimate of the length of the presentation.
The number of copies, distribution requirements, and time for submittal shall be established by the DRB
and communicated to the parties by the Chairperson.
A pre -hearing phone conference with all DRB members and the parties shall be conducted as soon as a
hearing date is established but no later than 10 days prior to the hearing. The DRB Chairperson shall
explain the specifics of how the hearing will be conducted including how the two parties will present their
information to the DRB (Ex: Each party makes a full presentation of their position or presentations will be
made on a "point by point" basis with each party making a presentation only on an individual dispute issue
before moving onto to the next issue). If the pre -hearing position papers and documents have been
received by the Board prior to the conference call, the DRB Chairperson shall at this conference discuss
the estimated hours of review and research activities for this dispute (such as time spent evaluating and
preparing recommendations on specific issues presented to the DRB). If the pre -hearing position papers
and documents have not been received by the Board prior to the conference call, another conference call
will be scheduled during the initial conference call to discuss the estimated hours of review. Compensation
for time agreed to in advance by the parties will be made at an agreed rate of $125 per hour in accordance
with subsection 105.23 (k) 2. Compensation for the phone conference time will also be made at an agreed
to rate of $125 per hour in accordance with subsection 105.23 (k) 2. The Engineer shall coordinate the
phone conference.
Dispute Review Board Hearing. The DRB shall preside over a hearing. The chairperson shall control the
hearing and conduct it as follows:
1. An employee of CDOT presents a brief description of the project and the status of construction on the
project.
2. The party that requested the DRB presents the dispute in detail as supported by previously submitted
information and documentation in the pre -hearing position paper. No new information or disputes will be
heard or addressed by the DRB.
3. The other party presents its position in detail as supported by previously submitted information and
documentation in the pre -hearing position paper. No new information or disputes will be heard or
addressed by the DRB.
4. Employees of each party are responsible for leading presentations at the DRB hearing.
5. Attorneys shall not participate in the hearing unless the DRB specifically addresses an issue to them or
August 11, 2016
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ACCEPTANCE
6. unless agreed to by both parties. Should the parties disagree on attorney participation, the DRB shall
decide on what, if any, participation will be permitted. Attorneys representing the parties are permitted to
attend the hearing, provided their presence has been noted in the pre -hearing submittal.
7. Either party may use experts. A party intending to offer an outside expert's analysis at the hearing shall
disclose such intention in the pre -hearing position paper. The expert's name and a general statement of
the area of the dispute that will be covered by his presentation shall be included in the disclosure. The
other party may present an outside expert to address or respond to those issues that may be raised by
the disclosing party's outside expert.
8. If both parties approve, the DRB may retain an outside expert. The DRB chairperson shall include the
cost of the outside expert in the DRB's regular invoice. CDOT and the Contractor shall equally bear the
cost of the services of the outside expert employed by the DRB.
9. Upon completion of their presentations and rebuttals, both parties and the DRB will be provided the
opportunity to exchange questions and answers. All questions shall be directed to the chairperson first.
Attendees may respond only when board members request a response.
10. The DRB shall hear only those disputes identified in the written request for the DRB and the information
contained in the pre -hearing submittals. The board shall not hear or address other disputes. If either
party attempts to discuss a dispute other than those to be heard by the DRB or attempts to submit new
information, the chairperson shall inform such party that the board shall not hear the issue and shall not
accept any additional information. The DRB shall not hear any issue or consider any information that was
not contained in the Request for Equitable Adjustment and fully submitted to the Project Engineer and
Resident Engineer during the 105.22 process.
11. If either party fails to timely deliver a position paper, the DRB may reschedule the hearing one time. On
the final date and time established for the hearing, the DRB shall proceed with the hearing using the
information that has been submitted.
(g)
12. If a party fails to appear at the hearing, the DRB shall proceed as if all parties were in attendance.
Dispute Review Board Recommendation. The DRB shall issue a Recommendation in accordance with the
following procedures:
1. The DRB shall not make a recommendation on the dispute at the meeting. Prior to the closure of the
hearing, the DRB members and the Contractor and CDOT together will discuss the time needed for
analysis and review of the dispute and the issuance of the DRB's recommendation. The maximum time
shall be 30 days unless otherwise agreed to by both parties. At a minimum, the recommendation shall
contain all the elements listed in Rule 35, Form of Award, of the Arbitration Regular Track Provisions
listed at the end of subsection 105.24.
2. After the meeting has been closed, the DRB shall prepare a written Recommendation signed by each
member of the DRB. In the case of a three member DRB, where one member dissents that member shall
prepare a written dissent and sign it.
3. The chairperson shall transmit the signed Recommendation and any supporting documents to both
parties.
(h) Clarification and Reconsideration of Recommendation. Either party may request clarification or
reconsideration of a decision within ten days following receipt of the Recommendation. Within ten days after
receiving the request, the DRB shall provide written clarification or reconsideration to both parties unless
otherwise agreed to by both parties.
Requests for clarification or reconsideration shall be submitted in writing simultaneously to the DRB and to the
other party.
The Board shall not accept requests for reconsideration that amount to a renewal of a prior argument or
additional argument based on facts available at the time of the hearing. The Board shall not consider any
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documents or arguments which have not been made a part of the pre -hearing submittal other than
clarification and data supporting previously submitted documentation.
(i)
Only one request for clarification or reconsideration per dispute from each party will be allowed.
Acceptance or Rejection of Recommendation. CDOT and the Contractor shall submit their written acceptance
or rejection of the Recommendation, in whole or in part, concurrently to the other party and to the DRB within
14 days after receipt of the Recommendation or following receipt of responses to requests for clarification or
reconsideration.
If the parties accept the Recommendation or a discreet part thereof, it will be implemented in accordance with
subsections 108.08, 109.04, 109.05, or 109.10 and the dispute is resolved.
If either party rejects the Recommendation in whole or in part, it shall give written explanation to the other
party within 14 days after receiving the Recommendation. When the Recommendation is rejected in whole or
in part by either party, the other party may either abandon the dispute or pursue a formal claim in accordance
with subsection 105.24.
If either party fails to submit its written acceptance or rejection of the Dispute Board's recommendation,
according to these specifications, such failure shall constitute that party's acceptance of the Board's
recommendation.
(j) Admissibility of Recommendation. Recommendations of a DRB issued in accordance with subsection 105.23
are admissible in subsequent proceedings but shall be prefaced with the following paragraph:
This Recommendation may be taken under consideration with the understanding that:
1. The DRB Recommendation was a proceeding based on presentations by the parties.
2. No fact or expert witnesses presented sworn testimony or were subject to cross-examination.
3. The parties to the DRB were not provided with the right to any discovery, such as production of
documents or depositions.
4. There is no record of the DRB hearing other than the Recommendation.
(k) Cost and Payments.
1. General Administrative Costs. The Contractor and the Department shall equally share the entire cost of
the following to support the Board's operation:
(1) Copies of Contract and other relevant documentation
(2) Meeting space and facilities
(3) Secretarial Services
(4) Telephone
(5) Mail
(6) Reproduction
(7) Filing
2. The Department and the Contractor shall bear the costs and expenses of the DRB equally. Each DRB
board member shall be compensated at an agreed rate of $1,200 per day if time spent on -site per
meeting is greater than four hours. Each DRB board member shall be compensated at an agreed rate of
$800 per day if time spent on -site per meeting is less than or equal to four hours. The time spent
traveling to and from each meeting shall be reimbursed at $50 per hour if the travel distance is more than
50 miles. The agreed daily and travel time rates shall be considered full compensation for on -site time,
travel expenses, transportation, lodging, time for travel of more than 50 miles and incidentals for each
day, or portion thereof that the DRB member is at an authorized DRB meeting. No additional
compensation will be made for time spent by DRB members in review and research activities outside the
official DRB meetings unless that time, (such as time spent evaluating and preparing recommendations
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3. on specific issues presented to the DRB), has been specifically agreed to in advance by the Department
and Contractor. Time away from the project that has been specifically agreed to in advance by the
parties will be compensated at an agreed rate of $125 per hour. The agreed amount of $125 per hour
shall include all incidentals. Members serving on more than one DRB, regardless of the number of
meetings per day, shall not be paid more than the all-inclusive rate per day or rate per hour for an
individual project.
4. Payments to Board Members and General Administrative Costs. Each Board member shall submit an
invoice to the Contractor for fees and applicable expenses incurred each month following a month in
which the Board members participated in Board functions. Such invoices shall be in the format
established by the Contractor and the Department. The Contractor shall submit to the Department copies
of all invoices. No markups by the Contractor will be allowed on any DRB costs. The Department will
split the cost by authorizing 50 percent payment on the next progress payment. The Contractor shall
make all payments in full to Board members within seven calendar days after receiving payment from the
Department for this work.
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(I) Dispute Review Board Three Party Agreement.
DISPUTE REVIEW BOARD
THREE PARTY AGREEMENT
COLORADO PROJECT NO.
THIS THREE PARTY AGREEMENT, made as of the date signed by the Chief Engineer below, by and between:
the Colorado Department of Transportation, hereinafter called the "Department"; and
hereinafter called the "Contractor"; and
and
hereinafter called the 'Dispute Review Board" or "Board".
WHEREAS, the Department is now engaged in the construction of the
[Project Namel
and
WHEREAS, the Contract provides for the establishment of a Board in accordance with subsections 105.22 and
105.23 of the specifications.
NOW, THEREFORE, it is hereby agreed:
ARTICLE I
DESCRIPTION OF WORK AND SERVICES
The Department and the Contractor shall form a Board in accordance with this agreement and the provisions of
subsection 105.23.
ARTICLE II
COMMITMENT ON PART OF THE PARTIES HERETO
The parties hereto shall faithfully fulfill the requirements of subsection 105.23 and the requirements of this
agreement.
ARTICLE III
COMPENSATION
The parties shall share equally in the cost of the Board, including general administrative costs (meeting space and
facilities, secretarial services, telephone, mail, reproduction, filing) and the member's individual fees.
Reimbursement of the Contractor's share of the Board expenses for any reason is prohibited.
The Contractor shall make all payments in full to Board members. The Contractor will submit to the Department
an itemized statement for all such payments, and the Department will split the cost by including 50 percent
payment on the next progress payment. The Contractor and the Department will agree to accept invoiced costs
prior to payment by the Contractor.
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DISPUTE REVIEW BOARD
THREE PARTY AGREEMENT PAGE 2
COLORADO PROJECT NO.
Board members shall keep all fee records pertaining to this agreement available for inspection by representatives
of the Department and the Contractor for a period of three years after the termination of the Board members'
services.
Payment to each Board member shall be at the fee rates established in subsection 105.23 and agreed to by each
Board member, the Contractor, and the Department. In addition, reimbursement will be made for applicable
expenses.
Each Board member shall submit an invoice to the Contractor for fees incurred each month following a month in
which the members participated in Board functions. Such invoices shall be in the format established by the
Contractor and the Department.
Payments shall be made to each Board member within 60 days after the Contractor and Department have
received all the applicable billing data and verified the data submitted by that member. The Contractor shall make
payment to the Board member within seven calendar days of receipt of payment from the Department.
ARTICLE IV
ASSIGNMENT
Board members shall not assign any of the work to be performed by them under this agreement. Board members
shall disclose any conflicts of interest including but not limited to any dealings with the either party in the previous
five years other than serving as a Board member under other contracts.
ARTICLE V
COMMENCEMENT AND TERMINATION OF SERVICES
The commencement of the services of the Board shall be in accordance with subsection 105.23 of the
specifications and shall continue until all assigned disputes under the Contract which may require the Board's
services have been heard and a Recommendation has been issued by the Board as specified in subsection
105.23. If a Board member is unable to fulfill his responsibilities for reasons specified in subsection 105.23(b)7, he
shall be replaced as provided therein, and the Board shall fulfill its responsibilities as though there had been no
change.
ARTICLE VI
LEGAL RELATIONS
The parties hereto mutually agree that each Board member in performance of his duties on the Board is acting as
an independent contractor and not as an employee of either the Department or the Contractor. Board members
will guard their independence and avoid any communication about the substance of the dispute without both
parties being present.
The Board members are absolved of any personal liability arising from the Recommendations of the Board. The
parties agree that members of the dispute review board panel are acting as mediators for purposes of C.R.S. §
13-22-302(4) and, as such, the liability of any dispute review board member shall be limited to willful and wanton
misconduct as provided for in C.R.S. § 13-22-305(6)
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DISPUTE REVIEW BOARD
THREE PARTY AGREEMENT PAGE 3
COLORADO PROJECT NO.
IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed the day and year first
written above.
BOARD MEMBER:
BY:
BOARD MEMBER:
BY:
BOARD MEMBER:
BY:
CONTRACTOR:
BY:
TITLE:
COLORADO DEPARTMENT OF TRANSPORTATION
BY:
Date:
TITLE: CHIEF ENGINEER
105.24 Claims for Unresolved Disputes. The Contractor may file a claim only if the disputes resolution process
described in subsections 105.22 and 105.23 has been exhausted without resolution of the dispute. Other
methods of nonbinding dispute resolution, exclusive of arbitration and litigation, can be used if agreed to by both
parties.
This subsection applies to any unresolved dispute or set of disputes between CDOT and the Contractor with an
aggregate value of more than $15,000. Unresolved disputes with an aggregate value of more than $15,000 from
subcontractors, materials suppliers or any other entity not a party to the Contract shall be submitted through the
Contractor in accordance with this subsection as a pass -through claim. Review of a pass -through claim does not
create privity of Contract between CDOT and any other entity.
Subsections 105.22, 105.23 and 105.24 provide both contractual alternative dispute resolution processes and
constitute remedy -granting provisions pursuant to Colorado Revised Statutes which must be exhausted in their
entirety.
Merit -binding arbitration or litigation proceedings must commence within 180 -calendar days of the Chief
Engineer's decision, absent written agreement otherwise by both parties.
The venue for all unresolved disputes with an aggregate value $15,000 or less shall be the County Court for the
City and County of Denver.
Non -binding Forms of alternative dispute resolution such as Mediation are available upon mutual agreement of
the parties for all claims submitted in accordance with this subsection.
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The cost of the non -binding ADR process shall be shared equally by both parties with each party bearing its own
preparation costs. The type of nonbinding ADR process shall be agreed upon by the parties and shall be
conducted within the State of Colorado at a mutually acceptable location. Participation in a nonbinding ADR
process does not in any way waive the requirement that merit -binding arbitration or litigation proceedings must
commence within 180 -calendar days of the Chief Engineer's decision, absent written agreement otherwise by
both parties.
(a) Notice of Intent to File a Claim.
Within 30 days after rejection of the Dispute Resolution Board's Recommendation issued in accordance with
subsection 105.23, the Contractor shall provide the Region Transportation Director with a written notice of
intent to file a claim. The Contractor shall also send a copy of this notice to the Resident Engineer. For the
purpose of this subsection Region Transportation Director shall mean the Region Transportation Director or
the Region Transportation Director's designated representative. CDOT will acknowledge in writing receipt of
Notice of Intent within 7 days.
(b) Claim Package Submission. Within 60 days after submitting the notice of intent to file a claim, the Contractor
shall submit five copies of a complete claim package representing the final position the Contractor wishes to
have considered. All claims shall be in writing and in sufficient detail to enable the RTD to ascertain the basis
and amount of claim. The claim package shall include all documents supporting the claim, regardless of
whether such documents were provided previously to CDOT.
If requested by the Contractor the 60 day period may be extended by the RTD in writing prior to final
acceptance. As a minimum, the following information shall accompany each claim.
1. A claim certification containing the following language, as appropriate:
A. For a direct claim by the Contractor:
CONTRACTOR'S CLAIM CERTIFICATION
Under penalty of law for perjury or falsification, the undersigned, (name)
(title) , of (company)
, hereby certifies that the claim of
$ for extra compensation and Days additional time, made herein for work on this
contract is true to the best of my knowledge and belief and supported under the Contract between the parties.
This claim package contains all available documents that support the claims made herein and I understand that
no additional information, other than for clarification and data supporting previously submitted documentation,
may be presented by me.
Dated /5/
Subscribed and sworn before me this _ day of _
NOTARY PUBLIC
My Commission Expires:
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B. For a pass -through claim:
PASS -THROUGH CLAIM CERTIFICATION
Under penalty of law for perjury or falsification, the undersigned, (name)
(title) , of (company) , hereby certifies that the claim of
$ for extra compensation and Days additional time, made herein for work on this
Project is true to the best of my knowledge and belief and supported under the contract between the parties.
This claim package contains all available documents that support the claims made herein and I understand that
no additional information, other than for clarification and data supporting previously submitted documentation,
may be presented by me.
Dated Is/
Subscribed and sworn before me this _day of
NOTARY PUBLIC
My Commission Expires:
Dated Is
The Contractor certifies that the claim being passed through to CDOT is passed through in good faith and is
accurate and complete to the best of my knowledge and belief.
Dated 151
Subscribed and sworn before me this _ day of
NOTARY PUBLIC
My Commission Expires:
2. A detailed factual statement of the claim for additional compensation, time, or both, providing all
necessary dates, locations, and items of work affected by the claim. The Contractor's detailed factual
statement shall expressly describe the basis of the claim and factual evidence supporting the claim. This
requirement is not satisfied by simply incorporating into the claim package other documents that describe
the basis of the claim and supporting factual evidence.
3. The date on which facts were discovered which gave rise to the claim.
4. The name, title, and activity of all known CDOT, Consultant, and other individuals who may be
knowledgeable about facts giving rise to such claim.
5. The name, title, and activity of all known Contractor, subcontractor, supplier and other individuals who
may be knowledgeable about facts giving rise to such claim.
6. The specific provisions of the Contract, which support the claim and a statement of the reasons why such
provisions support the claim.
7. If the claim relates to a decision of the Project Engineer, which the Contract leaves to the Project
Engineer's discretion, the Contractor shall set out in detail all facts supporting its position relating to the
decision of the Project Engineer.
8. The identification of any documents and the substance of all oral communications that support the claim.
9. Copies of all known documents that support the claim.
10. The Dispute Review Board Recommendation.
11. If an extension of contract time is sought, the documents required by subsection 108.08(d).
12. If additional compensation is sought, the exact amount sought and a breakdown of that amount into the
following categories:
A. These categories represent the only costs that are recoverable by the Contractor. All other costs or
categories of costs are not recoverable:
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B.
(1) Actual wages and benefits, including FICA, paid for additional labor
(2) Costs for additional bond, insurance and tax
(3) Increased costs for materials
(4) Equipment costs calculated in accordance with subsection 109.04(c) for Contractor owned
equipment and based on certified invoice costs for rented equipment
(5) Costs of extended job site overhead
(6) Salaried employees assigned to the project
(7) Claims from subcontractors and suppliers at any level (the same level of detail as specified herein
is required for all such claims)
(8) An additional 16 percent will be added to the total of items (1) through (7) as compensation for
items for which no specific allowance is provided, including profit and home office overhead.
(9) Interest shall be paid in accordance with CRS 5-12-102 beginning from the date of the Notice of
Intent to File Claim
C. In adjustment for the costs as allowed above, the Department will have no liability for the following
items of damages or expense:
(1) Profit in excess of that provided in 12.A.(8) above
(2) Loss of Profit
(3) Additional cost of labor inefficiencies in excess of that provided in A. above
(4) Home office overhead in excess of that provided in A. above
(5) Consequential damages, including but not limited to loss of bonding capacity, loss of bidding
opportunities, and insolvency
(6) Indirect costs or expenses of any nature in excess of that provided in A. above
(7) Attorney's fees, claim preparation fees, and expert fees
(c) Audit. An audit may be performed by the Department for any dispute or claim, and is mandatory for all
disputes and claims with amounts greater than $250,000. All audits will be complete within 60 days of receipt
of the complete claim package, provided the Contractor allows the auditors reasonable and timely access to
the Contractor's books and records. For all claims with amounts greater than $250,000 the Contractor shall
submit a copy of certified claim package directly to the CDOT Audit Unit at the following address:
Division of Audit
4201 E. Arkansas Ave
Denver, Co. 80222
(d) Region Transportation Director Decision. When the Contractor properly files a claim, the RTD will review the
claim and render a written decision to the Contractor to either affirm or deny the claim, in whole or in part, in
accordance with the following procedure.
The RTD may consolidate all related claims on a project and issue one decision, provided that consolidation
does not extend the time period within which the RTD is to render a decision. Consolidation of unrelated
claims will not be made.
The RTD will render a written decision to the Contractor within 60 days after the receipt of the claim package
or receipt of the audit whichever is later. In rendering the decision, the RTD: (1) will review the information in
the Contractor's claim; (2) will conduct a hearing if requested by either party; and (3) may consider any other
information available in rendering a decision.
The RTD will assemble and maintain a claim record comprised of all information physically submitted by the
Contractor in support of the claim and all other discoverable information considered by the RTD in reaching a
decision. Once the RTD assembles the claim record, the submission and consideration of additional
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information, other than for clarification and data supporting previously submitted documentation, at any
subsequent level of review by anyone, will not be permitted.
The RTD will provide a copy of the claim record and the written decision to the Contractor describing the
information considered by the RTD in reaching a decision and the basis for that decision. If the RTD fails to
render a written decision within the 60 day period, or within any extended time period as agreed to by both
parties, the Contractor shall either: (1) accept this as a denial of the claim, or (2) appeal the claim to the Chief
Engineer, as described in this subsection.
If the Contractor accepts the RTD decision, the provisions of the decision shall be implemented in accordance
with subsections 108.08, 109.04, 109.05, or 109.10 and the claim is resolved.
If the Contractor disagrees with the RTD decision, the Contractor shall either: (1) accept the RTD decision as
final, or (2) file a written appeal to the Chief Engineer within 30 days from the receipt of the RTD decision. The
Contractor hereby agrees that if a written appeal is not properly filed, the RTD decision is final.
(e) Chief Engineer Decision. When a claim is appealed, the RTD will provide the claim record to the Chief
Engineer. Within 15 days of the appeal either party may submit a written request for a hearing with the Chief
Engineer or duly authorized Headquarters delegates. The Chief Engineer or a duly authorized Headquarters
delegate will review the claim and render a decision to affirm, overrule, or modify the RTD decision in
accordance with the following.
The Contractor's written appeal to the Chief Engineer will be made a part of the claim record.
The Chief Engineer will render a written decision within 60 days after receiving the written appeal. The Chief
Engineer will not consider any information that was not previously made a part of the claim record, other than
clarification and data supporting previously submitted documentation.
The Contractor shall have 30 days to accept or reject the Chief Engineer's decision. The Contractor shall
notify the Chief Engineer of its acceptance or rejection in writing.
If the Contractor accepts the Chief Engineer's decision, the provisions of the decision will be implemented in
accordance with subsections 108.08, 109.04, 109.05, or 109.10 and the claim is resolved.
If the Contractor disagrees with the Chief Engineer's decision, the Contractor shall either (1) pursue an
alternative dispute resolution process in accordance with this specification or (2) initiate litigation or merit
binding arbitration in accordance with subsection 105.24(f).
If the Chief Engineer does not issue a decision as required, the Contractor may immediately initiate either
litigation or merit binding arbitration in accordance with subsection 105.24(f).
For the convenience of the parties to the Contract it is mutually agreed by the parties that any merit binding
arbitration or De Novo litigation shall be brought within 180 -calendar days from the date of the Chief
Engineer's decision. The parties understand and agree that the Contractor's failure to bring suit within the
time period provided, shall be a complete bar to any such claims or causes of action.
De Novo Litigation or Merit Binding Arbitration. If the Contractor disagrees with the Chief Engineer's decision,
the Contractor may initiate de novo litigation or merit binding arbitration to finally resolve the claim that the
Contractor submitted to CDOT, depending on which option was selected by the Contractor on Form 1378
which shall be submitted at the preconstruction conference. Such litigation or arbitration shall be strictly
limited to those claims that were previously submitted and decided in the contractual dispute and claims
processes outlined herein. This does not preclude the joining in one litigation or arbitration of multiple claims
from the same project provided that each claim has gone through the dispute and claim process specified in
subsections 105.22 through 105.24. The parties may agree, in writing, at any time, to pursue some other
form of alternative dispute resolution.
Any offer made by the Contractor or the Department at any stage of the claims process, as set forth in this
subsection, shall be deemed an offer of settlement pursuant to Colorado Rule of Evidence 408 and therefore
inadmissible in any litigation or arbitration.
(f)
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If the Contractor selected litigation, then de novo litigation shall proceed in accordance with the Colorado
Rules of Civil Procedure and the proper venue is the Colorado State District Court in and for the City and
County of Denver, unless both parties agree to the use of arbitration.
If the Contractor selected merit binding arbitration, or if both parties subsequently agreed to merit binding
arbitration, arbitration shall be governed by the modified version of ARBITRATION PROVIDER's Construction
Industry Arbitration Rules which follow. Pursuant to the modified arbitration rules (R35 through R39), the
arbitrators shall issue a binding decision with regard to entitlement and a non -binding decision with regard to
quantum. If either party disagrees with the decision on quantum, the disagreeing party may seek a trial de
novo in Denver District Court with regard to quantum only.
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AMERICAN ARBITRATION ASSOCIATION CONSTRUCTION INDUSTRY ARBITRATION RULES MODIFIED
FOR USE WITH CDOT SPECIFICATION SUBSECTION 105.24
REGULAR TRACK PROCEDURES
R-1. Agreement of Parties
(a) The parties shall be deemed to have made these rules a part of their Contract. These rules and any
amendments shall apply in the form in effect at the time the administrative requirements are met for a demand
for arbitration. The parties, by written agreement, may vary the procedures set forth in these rules. After
appointment of the arbitrator, such modifications may be made only with the consent of the arbitrator.
(b) Unless the parties determine otherwise, the Fast Track Procedures shall apply in any case in which
aggregate claims do not exceed $100,000, exclusive of interest and arbitration fees and costs. Parties may
also agree to use these procedures in larger cases. Unless the parties agree otherwise, these procedures will
not apply in cases involving more than two parties except for pass -through claims. The Fast Track
Procedures shall be applied as described in Sections F-1 through F-13 of these rules, in addition to any other
portion of these rules that is not in conflict with the Fast Track Procedures.
(c) Unless the parties agree otherwise, the Procedures for Large, Complex Construction Disputes shall apply to
all cases in which the disclosed aggregate claims of any party is at least $1,000,000, exclusive of claimed
interest, arbitration fees and costs. Parties may also agree to use these procedures in cases involving claims
under $1,000,000, or in nonmonetary cases. The Procedures for Large, Complex Construction Disputes shall
be applied as described in Sections L-1 through L-4 of these rules, in addition to any other portion of these
rules that is not in conflict with the Procedures for Large, Complex Construction Disputes.
(d) All other cases shall be administered in accordance with Sections R-1 through R-45 of these rules.
R-2. Independent Arbitration Provider and Delegation of Duties
When parties agree to arbitrate under these rules, or when they provide for arbitration by an independent third -
party (Arbitration Provider) and arbitration is initiated under these rules, they thereby authorize the Arbitration
Provider to administer the arbitration. The authority and duties of the Arbitration Provider are prescribed in the
parties' Contract and in these rules, and may be carried out through such of the Arbitration Provider's
representatives as it may direct. The Arbitration Provider will assign the administration of an arbitration to its
Denver office
R-3. Initiation of Arbitration
Arbitration shall be initiated in the following manner.
(a) The Contractor shall, within 30 days after the Chief Engineer issues a decision, submit to the Chief Engineer
written notice of its intention to arbitrate (the "demand"). The demand shall indicate the appropriate
qualifications for the arbitrator(s) to be appointed to hear the arbitration.
(b) CDOT may file an answering statement with the Contractor within 15 days after receiving the demand. If a
counterclaim is asserted, it shall contain a statement setting forth the nature of the counterclaim, the amount
involved, if any, and the remedy sought.
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(c) The Chief Engineer shall retain an Arbitration Provider, such as the American Arbitration Association, which
will administer an arbitration pursuant to these Rules, except to the extent that such rules conflict with the
specifications, in which case the specifications shall control.
(d) The Arbitration Provider shall confirm its retention to the parties.
R-4. Consolidation or Joinder
If the parties' agreement or the law provides for consolidation or joinder of related arbitrations, all involved parties
will endeavor to agree on a process to effectuate the consolidation or joinder.
If they are unable to agree, the Arbitration Provider shall directly appoint a single arbitrator for the limited purpose
of deciding whether related arbitrations should be consolidated or joined and, if so, establishing a fair and
appropriate process for consolidation or joinder. All requests for consolidation or joinder must be submitted to the
Arbitration Provider prior to the appointment of an arbitrator or within 90 days of the date the Arbitration Provider
determined that all administrative filing requirements were satisfied, whichever is later. The Arbitration Provider
may take reasonable administrative action to accomplish the consolidation or joinder as directed by the arbitrator.
Requests for consolidation or joinder submitted beyond these timeframes shall not be permitted absent a
determination by the Merits Arbitrator that good cause was shown for the late request.
To request consolidation of arbitrations, the requesting party must have filed a demand for arbitration, including
the applicable arbitration provision(s) from the parties' contract(s) and must provide a written request for
consolidation which provides the supporting reasons for such request.
To request joinder of parties, the requesting party must file with the AAA a written request to join parties to an
existing arbitration which provides the names and contact information for such parties, names and contact
information for the parties' representatives, if known, and supporting reasons for such request.
R-5. Appointment of Arbitrator
An arbitrator shall be appointed in the following manner:
(a) Immediately after the Arbitration Provider is retained, the Arbitration Provider shall send simultaneously to
each party to the dispute an identical list of 10 names of potential arbitrators. The parties are encouraged to
agree to an arbitrator from the submitted list and to advise the ARBITRATION PROVIDER of their agreement.
Absent agreement of the parties, the arbitrator shall not have served as the mediator in the mediation phase
of the instant proceeding.
(b) If the parties cannot agree to arbitrator(s), each party to the dispute shall have 15 calendar days from the
transmittal date in which to strike names objected to, number the remaining names in order of preference, and
return the list to the Arbitration Provider. If a party does not return the list within the time specified, all persons
named therein shall be deemed acceptable. From among the persons who have been approved on both lists,
and in accordance with the designated order of mutual preference, the Arbitration Provider shall invite an
arbitrator to serve.
(c) Unless both parties agree otherwise one arbitrator shall be used for claims less than $250,000 and three
arbitrators shall be used for claims $250,000 and greater. Within 15 calendar days from the date of the
appointment of the last arbitrator, the Arbitration Provider shall appoint a chairperson.
(d) The entire claim record will be made available to the arbitrators by the Chief Engineer within 15 calendar days
from the date of the appointment of the last arbitrator.
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R-6. Changes of Claim
The arbitrator(s) will not consider any information that was not previously made a part of the claim record as
transmitted by the Chief Engineer, other than clarification and data supporting previously submitted
documentation.
R-7. Disclosure
(a) Any person appointed or to be appointed as an arbitrator shall disclose to the Arbitration Provider any
circumstance likely to give rise to justifiable doubt as to the arbitrator's impartiality or independence, including
any bias or any interest in the result of the arbitration or any relationship with the parties or their
representatives. Such obligation shall remain in effect throughout the arbitration.
(b) Upon receipt of such information from the arbitrator or another source, the Arbitration Provider shall
communicate the information to the parties and, if it deems it appropriate to do so, to the arbitrator and others.
(c) In order to encourage disclosure by arbitrators, disclosure of information pursuant to this Section R-6 is not to
be construed as an indication that the arbitrator considers that the disclosed circumstances are likely to affect
impartiality or independence.
(d) In no case shall an arbitrator be employed by, affiliated with, or have consultive or business connection with
the claimant Contractor or CDOT. An arbitrator shall not have assisted either in the evaluation, preparation, or
presentation of the claim case either for the Contractor or the Department or have rendered an opinion on the
merits of the claim for either party, and shall not do so during the proceedings of arbitration.
R-8. Disqualification of Arbitrator
(a) Any arbitrator shall be impartial and independent and shall perform his or her duties with diligence and in
good faith, and shall be subject to disqualification for: (i) partiality or lack of independence, (ii) inability or
refusal to perform his or her duties with diligence and in good faith; and/or (iii) any grounds for disqualification
provided by applicable law.
(b) Upon objection of a party to the continued service of an arbitrator, or on its own initiative, the Arbitration
Provider shall determine whether the arbitrator should be disqualified under the grounds set out above, and
shall inform the parties of its decision, which decision shall be conclusive.
R-9. Communication with Arbitrator
No party and no one acting on behalf of any party shall communicate ex parte with an arbitrator or a candidate for
arbitrator concerning the arbitration.
R-10. Vacancies
(a) If for any reason an arbitrator is unable to perform the duties of the office, the Arbitration Provider may, on
proof satisfactory to it, declare the office vacant. Vacancies shall be filled in accordance with the applicable
provisions of these rules.
(b) In the event of a vacancy in a panel of neutral arbitrators after the hearings have commenced, the remaining
arbitrator or arbitrators may continue with the hearing and determination of the controversy, unless the parties
agree otherwise.
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(c) In the event of the appointment of a substitute arbitrator, the panel of arbitrators shall determine in its sole
discretion whether it is necessary to repeat all or part of any prior hearings.
R-11. Jurisdiction
(a) The arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect
to the existence, scope or validity of the arbitration agreement.
(b) The arbitrator shall have the power to determine the existence or validity of a contract of which an arbitration
clause forms a part. Such an arbitration clause shall be treated as an agreement independent of the other
terms of the contract. A decision by the arbitrator that the contract is null and void shall not for that reason
alone render invalid the arbitration clause.
(c) A party must object to the jurisdiction of the arbitrator or to the arbitrability of a claim or counterclaim no later
than 15 days after the Arbitration Provider confirms its retention to the parties. The arbitrator may rule on such
objections as a preliminary matter or as part of the final award.
R-12. Administrative Conference
At the request of any party or upon the Arbitration Provider's own initiative, the Arbitration Provider may conduct
an administrative conference, in person or by telephone, with the parties and/or their representatives. The
conference may address such issues as arbitrator selection, potential exchange of information, a timetable for
hearings and any other administrative matters.
RuleR-13. Preliminary Hearing
(a) At the request of any party or at the discretion of the arbitrator or the Arbitration Provider, the arbitrator may
schedule as soon as practicable a preliminary hearing with the parties and/or their representatives. The
preliminary hearing may be conducted by telephone at the arbitrator's discretion.
(b) During the preliminary hearing, the parties and the arbitrator should discuss the future conduct of the case,
including clarification of the issues and claims, a schedule for the hearings and any other preliminary matters.
R-14. Pre -Hearing Exchange and Production of Information
(a) Authority of arbitrator. The arbitrator shall manage any necessary exchange of information among the parties
with a view to achieving an efficient and economical resolution of the dispute, while at the same time promoting
equality of treatment and safeguarding each party's opportunity to fairly present its claims and defenses.
(b) Documents. The arbitrator may, on application of a party or on the arbitrator's own initiative:
i. require the parties to exchange documents in their possession or custody on which they intend to rely;
ii. require the parties to update their exchanges of the documents on which they intend to rely as such
documents become known to them;
iii. require the parties, in response to reasonable document requests, to make available to the other party
documents, in the responding party's possession or custody, not otherwise readily available to the party
seeking the documents, reasonably believed by the party seeking the documents to exist and to be
relevant and material to the outcome of disputed issues; and
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iv. require the parties, when documents to be exchanged or produced are maintained in electronic form, to
make such documents available in the form most convenient and economical for the party in possession
of such documents, unless the arbitrator determines that there is good cause for requiring the documents
to be produced in a different form. The parties should attempt to agree in advance upon, and the
arbitrator may determine, reasonable search parameters to balance the need for production of
electronically stored documents relevant and material to the outcome of disputed issues against the cost
of locating and producing them.
(a) At the request of any party or at the discretion of the arbitrator, consistent with the expedited nature of
arbitration, the arbitrator may direct:
i. the production of documents and other information;
ii. require the parties to update their exchanges of the documents on which they intend to rely as
such documents become known to them;
and/or
iii. the identification of any witnesses to be called.
(b) At least five business days prior to the hearing, the parties shall exchange copies of all exhibits they intend to
submit at the hearing.
(c) The arbitrator is authorized to resolve any disputes concerning the exchange of information.
(d) Additional discovery may be ordered by the arbitrator in extraordinary cases when the demands of justice
require it.
R-15. Date, Time, and Place of Hearing
(a) The arbitrator shall set the date, time, and place for each hearing and/or conference. The parties shall
respond to requests for hearing dates in a timely manner, be cooperative in scheduling the earliest practicable
date, and adhere to the established hearing schedule.
(b) The parties may mutually agree on the locale where the arbitration is to be held. Absent such agreement, the
arbitration shall be held in the City and County of Denver.
(c) The Arbitration Provider shall send a notice of hearing to the parties at least ten calendar days in advance of
the hearing date, unless otherwise agreed by the parties.
R-16. Attendance at Hearings
The arbitrator and the Arbitration Provider shall maintain the privacy of the hearings unless the law provides to the
contrary. Any person having a direct interest in the arbitration is entitled to attend hearings. The arbitrator shall
otherwise have the power to require the exclusion of any witness, other than a party or other essential person,
during the testimony of any other witness. It shall be discretionary with the arbitrator to determine the propriety of
the attendance of any person other than a party and its representative.
R-17. Representation
Any party may be represented by counsel or other authorized representative. A party intending to be so
represented shall notify the other party and the Arbitration Provider of the name and address of the representative
at least three calendar days prior to the date set for the hearing at which that person is first to appear.
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R-18. Oaths
Before proceeding with the first hearing, each arbitrator may take an oath of office and, if required by law, shall do
so. The arbitrator may require witnesses to testify under oath administered by any duly qualified person and, if it is
required by law or requested by any party, shall do so.
R-19. Stenographic Record
Any party desiring a stenographic record shall make arrangements directly with a stenographer and shall notify
the other parties of these arrangements at least three days in advance of the hearing. The requesting party or
parties shall pay the cost of the record. If the transcript is agreed by the parties, or determined by the arbitrator to
be the official record of the proceeding, it must be provided to the arbitrator and made available to the other
parties for inspection, at a date, time, and place determined by the arbitrator.
R-20. Interpreters
Any party wishing an interpreter shall make all arrangements directly with the interpreter and shall assume the
costs of the service.
R-21. Postponements
The arbitrator for good cause shown may postpone any hearing upon agreement of the parties, upon request of a
party, or upon the arbitrator's own initiative.
R-22. Arbitration in the Absence of a Party or Representative
Unless the law provides to the contrary, the arbitration may proceed in the absence of any party or representative
who, after due notice, fails to be present or fails to obtain a postponement. An award shall not be made solely on
the default of a party. The arbitrator shall require the party who is present to submit such evidence as the
arbitrator may require for the making of an award.
R-23. Conduct of Proceedings
(a) The Contractor shall present evidence to support its claim. CDOT shall then present evidence supporting its
defense. Witnesses for each party shall also submit to questions from the arbitrator and the adverse party.
The arbitrator has the discretion to vary this procedure; provided that the parties are treated with equality and
that each party has the right to be heard and is given a fair opportunity to present its case.
(b) The arbitrator, exercising his or her discretion, shall conduct the proceedings with a view to expediting the
resolution of the dispute and may direct the order of proof, bifurcate proceedings, and direct the parties to
focus their presentations on issues the decision of which could dispose of all or part of the case. The
arbitrator shall entertain motions, including motions that dispose of all or part of a claim or that may expedite
the proceedings, and may also make preliminary rulings and enter interlocutory orders.
(c) The parties may agree to waive oral hearings in any case.
R-24. Evidence
(a) The arbitrators shall consider all written information available in the claim record and all oral presentations in
support of that record by the Contractor and CDOT. Conformity to legal rules of evidence shall not be
necessary.
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(b) The arbitrators shall not consider any written documents or arguments which have not previously been made
a part of the claim record, other than clarification and data supporting previously submitted documentation.
The arbitrators shall not consider an increase in the amount of the claim, or any new claims.
(c) The arbitrator shall determine the admissibility, relevance, and materiality of any evidence offered. The
arbitrator may request offers of proof and may reject evidence deemed by the arbitrator to be cumulative,
unreliable, unnecessary, or of slight value compared to the time and expense involved. All evidence shall be
taken in the presence of all of the arbitrators and all of the parties, except where: (i) any of the parties is
absent, in default, or has waived the right to be present, or (ii) the parties and the arbitrators agree otherwise.
(d) The arbitrator shall take into account applicable principles of legal privilege, such as those involving the
confidentiality of communications between a lawyer and client.
(e) An arbitrator or other person authorized by law to subpoena witnesses or documents may do so upon the
request of any party or independently.
R-25. Evidence by Affidavit and Post -hearing Filing of Documents or Other Evidence
(a) The arbitrator may receive and consider the evidence of witnesses by declaration or affidavit, but shall give it
only such weight as the arbitrator deems it entitled to after consideration of any objection made to its
admission.
(b) If the parties agree or the arbitrator directs that documents or other evidence be submitted to the arbitrator
after the hearing, the documents or other evidence, unless otherwise agreed by the parties and the arbitrator,
shall be filed with the Arbitration Provider for transmission to the arbitrator. All parties shall be afforded an
opportunity to examine and respond to such documents or other evidence.
R-26. Inspection or Investigation
An arbitrator finding it necessary to make an inspection or investigation in connection with the arbitration shall
direct the Arbitration Provider to so advise the parties. The arbitrator shall set the date and time and the
Arbitration Provider shall notify the parties. Any party who so desires may be present at such an inspection or
investigation. In the event that one or all parties are not present at the inspection or investigation, the arbitrator
shall make an oral or written report to the parties and afford them an opportunity to comment.
R-27. Interim Measures
(a) The arbitrator may take whatever interim measures he or she deems necessary, including injunctive relief and
measures for the protection or conservation of property and disposition of perishable goods.
(b) A request for interim measures addressed by a party to a judicial authority shall not be deemed incompatible
with the agreement to arbitrate or a waiver of the right to arbitrate.
R-28. Closing of Hearing
When satisfied that the presentation of the parties is complete, the arbitrator shall declare the hearing closed.
If documents or responses are to be filed as provided in Section R-24, or if briefs are to be filed, the hearing shall
be declared closed as of the final date set by the arbitrator for the receipt of documents, responses, or briefs. The
time limit within which the arbitrator is required to make the award shall commence to run, in the absence of other
agreements by the parties and the arbitrator, upon the closing of the hearing.
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R-29. Reopening of Hearing
The hearing may be reopened on the arbitrator's initiative, or by direction of the arbitrator upon application of a
party, at any time before the award is made. If reopening the hearing would prevent the making of the award
within the specific time agreed to by the parties in the arbitration agreement, the matter may not be reopened
unless the parties agree to an extension of time. When no specific date is fixed by agreement of the parties, the
arbitrator shall have 15 calendar days from the closing of the reopened hearing within which to make an award.
R-30. Waiver of Rules
Any party who proceeds with the arbitration after knowledge that any provision or requirement of these rules has
not been complied with and who fails to state an objection in writing shall be deemed to have waived the right to
object.
R-31. Extensions of Time
The parties may modify any period of time by mutual agreement. The Arbitration Provider or the arbitrator may for
good cause extend any period of time established by these rules, except the time for making the award. The
Arbitration Provider shall notify the parties of any extension.
R-32. Serving of Notice
(a) Any papers, notices, or process necessary or proper for the initiation or continuation of an arbitration under
these rules; for any court action in connection therewith, or for the entry of judgment on any award made
under these rules, may be served on a party by mail addressed to the party or its representative at the last
known address or by personal service, in or outside the state where the arbitration is to be held, provided that
reasonable opportunity to be heard with regard thereto has been granted to the party.
(b) The Arbitration Provider, the arbitrator and the parties may also use overnight delivery, electronic facsimile
transmission (fax), or electronic mail (email) to give the notices required by these rules.
(c) Unless otherwise instructed by the Arbitration Provider or by the arbitrator, any documents submitted by any
party to the Arbitration Provider or to the arbitrator shall simultaneously be provided to the other party or
parties to the arbitration.
R-33. Majority Decision
When the panel consists of more than one arbitrator, unless required by law or by the arbitration agreement, a
majority of the arbitrators must make all decisions; however, in a multi -arbitrator case, if all parties and all
arbitrators agree, the chair of the panel may make procedural decisions.
Where there is a panel of three arbitrators, absent an objection of a party or another member of the panel, the
chairperson of the panel is authorized to resolve or delegate to another member of the panel to resolve any
disputes related to the exchange of information or procedural matters without the need to consult the full panel.
R-34. Time of Award
The award shall be made promptly by the arbitrator and, unless otherwise agreed by the parties or specified by
law, no later than 30 calendar days from the date of closing the hearing, or, if oral hearings have been waived,
from the date of the Arbitration Provider's transmittal of the final statements and proofs to the arbitrator.
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R-35. Form of Award
After complete review of the facts associated with the claim, the arbitrators shall render a written explanation of
their decision. When three arbitrators are used, and only two arbitrators agree then the award shall be signed by
the two arbitrators. The arbitrator's decision shall include:
(a) A summary of the issues and factual evidence presented by the Contractor and the Department concerning
the claim;
(b) Decisions concerning the validity of the claim;
(c) Decisions concerning the value of the claim as to cost impacts if the claim is determined to be valid;
(d) The contractual and factual bases supporting the decisions made including an explanation as to why each
and every position was accepted or rejected;
(e) Detailed and supportable calculations which support any decisions.
R-36. Scope of Award
(a) The arbitrator may grant any remedy or relief that the arbitrator deems just and equitable and within the scope
of the agreement of the parties, including, but not limited to, equitable relief and specific performance of a
contract.
(b) In addition to the final award, the arbitrator may make other decisions, including interim, interlocutory, or partial
rulings, orders, and awards. (c) The award of the arbitrator may include interest at the statutory rate and from
such date as the arbitrator may deem appropriate.
R-37. Delivery of Award to Parties
Parties shall accept as notice and delivery of the award the placing of the award or a true copy thereof in the mail
addressed to the parties or their representatives at the last known address, personal or electronic service of the
award, or the filing of the award in any other manner that is permitted by law.
R-38. Modification of Award
Within 10 calendar days after the transmittal of an award, the arbitrator on his or her initiative, or any party, upon
notice to the other parties, may request that the arbitrator correct any clerical, typographical, technical or
computational errors in the award. The arbitrator is not empowered to redetermine the merits of any claim already
decided.
If the modification request is made by a party, the other parties shall be given 10 calendar days to respond to the
request. The arbitrator shall dispose of the request within 25 calendar days after transmittal by the Arbitration
Provider to the arbitrator of the request.
If applicable law provides a different procedural time frame, that procedure shall be followed.
R-39. Appeal of Award
Appeal of the arbitrators' decision concerning the merit of the claim is governed by the Colorado Uniform
Arbitration Act, C.R.S. §§ 13-22-202 to -230. Either party may appeal the arbitrator's decision on the value of the
claim to the Colorado State District Court in and for the City and County of Denver for trial de novo.
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R-40. Release of Documents for Judicial Proceedings
The Arbitration Provider shall, upon the written request of a party, furnish to the party, at its expense, certified
copies of any papers in the Arbitration Provider's possession that may be required in judicial proceedings relating
to the arbitration.
R-41. Applications to Court and Exclusion of Liability
(a) No judicial proceeding by a party relating to the subject matter of the arbitration shall be deemed a waiver of
the party's right to arbitrate.
(b) Neither the Arbitration Provider nor any arbitrator in a proceeding under these rules is a necessary or proper
party in judicial proceedings relating to the arbitration.
(c) Parties to these rules shall be deemed to have consented that judgment upon the arbitration award may be
entered in any federal or state court having jurisdiction thereof.
(d) Parties to an arbitration under these rules shall be deemed to have consented that neither the Arbitration
Provider nor any arbitrator shall be liable to any party in any action for damages or injunctive relief for any act
or omission in connection with any arbitration under these rules.
R-42. Administrative Fees
The Arbitration Provider shall prescribe filing and other administrative fees and service charges to compensate it
for the cost of providing administrative services. The fees in effect when the fee or charge is incurred shall be
applicable. Such fees and charges shall be borne equally by the parties.
The Arbitration Provider may, in the event of extreme hardship on the part of any party, defer or reduce the
administrative fees.
R-43. Expenses
The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses
of the arbitration, including required travel and other expenses of the arbitrator, Arbitration Provider
representatives, and any witness and the cost of any proof produced at the direct request of the arbitrator, shall
be borne equally by the parties.
R-44. Neutral Arbitrator's Compensation
Arbitrators shall be compensated a rate consistent with the arbitrator's stated rate of compensation.
If there is disagreement concerning the terms of compensation, an appropriate rate shall be established with the
arbitrator by the Arbitration Provider and confirmed to the parties.
Such compensation shall be borne equally by the parties.
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R-45. Deposits
The Arbitration Provider may require the parties to deposit in advance of any hearings such sums of money as it
deems necessary to cover the expense of the arbitration, including the arbitrator's fee, if any, and shall render an
accounting to the parties and return any unexpended balance at the conclusion of the case.
R-46. Interpretation and Application of Rules
The arbitrator shall interpret and apply these rules insofar as they relate to the arbitrator's powers and duties by a
majority vote. If that is not possible, either an arbitrator or a party may refer the question to the Arbitration
Provider for final decision. All other rules shall be interpreted and applied by the Arbitration Provider.
R-45. Suspension for Nonpayment
If arbitrator compensation or administrative charges have not been paid in full, the Arbitration Provider may so
inform the parties in order that the parties may advance the required payment. If such payments are not made,
the arbitrator may order the suspension or termination of the proceedings. If no arbitrator has yet been appointed,
the Arbitration Provider may suspend the proceedings.
FAST TRACK PROCEDURES
F-1. Limitations on Extensions
In the absence of extraordinary circumstances, the Arbitration Provider or the arbitrator may grant a party no more
than one seven-day extension of the time in which to respond to the demand for arbitration or counterclaim as
provided in Section R-3.
F-2. Changes of Claim
The arbitrator will not consider any information that was not previously made a part of the claim record as
transmitted by the Chief Engineer, other than clarification and data supporting previously submitted
documentation
F-3. Serving of Notice
In addition to notice provided above, the parties shall also accept notice by telephone. Telephonic notices by the
Arbitration Provider shall subsequently be confirmed in writing to the parties. Should there be a failure to confirm
in writing any such oral notice, the proceeding shall nevertheless be valid if notice has, in fact, been given by
telephone.
F-4. Appointment and Qualification of Arbitrator
Immediately after the retention of the Arbitration Provider, the Arbitration Provider will simultaneously submit to
each party a listing and biographical information from its panel of arbitrators knowledgeable in construction who
are available for service in Fast Track cases. The parties are encouraged to agree to an arbitrator from this list,
and to advise the Arbitration Provider of their agreement, or any factual objections to any of the listed arbitrators,
within 7 calendar days of the transmission of the list. The Arbitration Provider will appoint the agreed -upon
arbitrator, or in the event the parties cannot agree on an arbitrator, will designate the arbitrator from among those
names not stricken for factual objections.
The parties will be given notice by the Arbitration Provider of the appointment of the arbitrator, who shall be
subject to disqualification for the reasons specified above. Within the time period established by the Arbitration
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Provider, the parties shall notify the Arbitration Provider of any objection to the arbitrator appointed. Any objection
by a party to the arbitrator shall be for cause and shall be confirmed in writing to the Arbitration Provider with a
copy to the other party or parties.
F-5. Preliminary Telephone Conference
Unless otherwise agreed by the parties and the arbitrator, as promptly as practicable after the appointment of the
arbitrator, a preliminary telephone conference shall be held among the parties or their attorneys or
representatives, and the arbitrator.
F-6. Exchange of Exhibits
At least 2 business days prior to the hearing, the parties shall exchange copies of all exhibits they intend to submit
at the hearing. The arbitrator is authorized to resolve any disputes concerning the exchange of exhibits.
F-7. Discovery
There shall be no discovery, except as provided in Section F-4 or as ordered by the arbitrator in extraordinary
cases when the demands of justice require it.
F-8. Date, Time, and Place of Hearing
The arbitrator shall set the date and time, and place of the hearing, to be scheduled to take place within 30
calendar days of confirmation of the arbitrator's appointment. The Arbitration Provider will notify the parties in
advance of the hearing date. All hearings shall be held within the City and County of Denver.
F-9. The Hearing
(a) Generally, the hearing shall not exceed 1 day. Each party shall have equal opportunity to submit its proofs
and complete its case. The arbitrator shall determine the order of the hearing, and may require further
submission of documents within two business days after the hearing. For good cause shown, the arbitrator
may schedule 1 additional hearing day within 7 business days after the initial day of hearing.
(b) Generally, there will be no stenographic record. Any party desiring a stenographic record may arrange for one
pursuant to the provisions above.
F-14. Time of Award
Unless otherwise agreed by the parties, the award shall be rendered not later than 14 calendar days from the
date of the closing of the hearing or, if oral hearings have been waived, from the date of the Arbitration Provider's
transmittal of the final statements and proofs to the arbitrator.
F-11. Time Standards
The arbitration shall be completed by settlement or award within 45 calendar days of confirmation of the
arbitrator's appointment, unless all parties and the arbitrator agree otherwise or the arbitrator extends this time in
extraordinary cases when the demands of justice require it and such agreement is memorialized by the arbitrator
prior to the expiration of the initial 45 -day period.
F-12. Arbitrator's Compensation
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Arbitrators will receive compensation at a rate to be suggested by the Arbitration Provider regional office.
PROCEDURES FOR LARGE, COMPLEX CONSTRUCTION DISPUTES
L-1. Large, Complex Construction Disputes
The procedures for large, complex construction disputes shall apply to any claim with a value exceeding $500,000
or as agreed to by the parties.
L-2. Administrative Conference
Prior to the dissemination of a list of potential arbitrators, the Arbitration Provider shall, unless the parties agree
otherwise, conduct an administrative conference with the parties and/or their attorneys or other representatives by
conference call. The conference call will take place within 14 days after the retention of the Arbitration Provider. In
the event the parties are unable to agree on a mutually acceptable time for the conference, the Arbitration
Provider may contact the parties individually to discuss the issues contemplated herein. Such administrative
conference shall be conducted for the following purposes and for such additional purposed as the parties or the
Arbitration Provider may deem appropriate:
(a) To obtain additional information about the nature and magnitude of the dispute and the anticipated length of
hearing and scheduling;
(b) To discuss the views of the parties about the technical and other qualifications of the arbitrators;
(c) To obtain conflicts statements from the parties; and
(d) To consider, with the parties, whether mediation or other non -adjudicative methods of dispute resolution might
be appropriate.
L-3. Arbitrators
(a) Large, Complex Construction Cases shall be heard and determined by three arbitrators.
(b) The Arbitration Provider shall appoint arbitrator(s) in the manner provided in the Regular Construction Industry
Arbitration Rules.
L-4. Preliminary Hearing
As promptly as practicable after the selection of the arbitrator(s), a preliminary hearing shall be held among the
parties and/or their attorneys or other representatives and the arbitrator(s). Unless the parties agree otherwise,
the preliminary hearing will be conducted by telephone conference call rather than in person.
At the preliminary hearing the matters to be considered shall include, without limitation:
(a) Service of a detailed statement of claims, damages and defenses, a statement of the issues asserted by each
party and positions with respect thereto, and any legal authorities the parties may wish to bring to the
attention of the arbitrator(s);
(b) Stipulations to uncontested facts;
(c) The extent to which discovery shall be conducted;
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(d) Exchange and premarking of those documents which each party believes may be offered at the hearing;
(e) The identification and availability of witnesses, including experts, and such matters with respect to witnesses
including their biographies and expected testimony as may be appropriate;
(f) Whether, and the extent to which, any sworn statements and/or depositions may be introduced;
(g) The extent to which hearings will proceed on consecutive days;
(h) Whether a stenographic or other official record of the proceedings shall be maintained;
(i) The possibility of utilizing mediation or other non -adjudicative methods of dispute resolution; and
(j) The procedure for the issuance of subpoenas.
By agreement of the parties and/or order of the arbitrator(s), the pre -hearing activities and the hearing
procedures that will govern the arbitration will be memorialized in a Scheduling and Procedure Order.
L-5. Management of Proceedings
(a) Arbitrator(s) shall take such steps as they may deem necessary or desirable to avoid delay and to achieve a
just, speedy and cost-effective resolution of Large, Complex Construction Cases.
(b) Parties shall cooperate in the exchange of documents, exhibits and information within such party's control if
the arbitrator(s) consider such production to be consistent with the goal of achieving a just, speedy and cost
effective resolution of a Large, Complex Construction Case.
(c) The parties may conduct such discovery as may be agreed to by all the parties provided, however, that the
arbitrator(s) may place such limitations on the conduct of such discovery as the arbitrator(s) shall deem
appropriate. If the parties cannot agree on production of document and other information, the arbitrator(s),
consistent with the expedited nature of arbitration, may establish the extent of the discovery.
(d) At the discretion of the arbitrator(s), upon good cause shown and consistent with the expedited nature of
arbitration, the arbitrator(s) may order depositions of, or the propounding of interrogatories to such persons
who may possess information determined by the arbitrator(s) to be necessary to a determination of the
matter.
(e) The parties shall exchange copies of all exhibits they intend to submit at the hearing 10 business days prior
to the hearing unless the arbitrator(s) determine otherwise.
(f) The exchange of information pursuant to this rule, as agreed by the parties and/or directed by the
arbitrator(s), shall be included within the Scheduling and Procedure Order.
(g) The arbitrator is authorized to resolve any disputes concerning the exchange of information.
(h) Generally hearings will be scheduled on consecutive days or in blocks of consecutive days in order to
maximize efficiency and minimize costs.
The following flow chart provides a summary of the disputes and claims process described in subsections
105.22, 105.23, and 105.24
Figure 105-1
DISPUTES AND CLAIMS FLOW CHART
105.22 Project Issue— Verbal discussions between Proj. Eng. and Supt.
Impasse
Contractor provides written notice of dispute to Project Engineer
15 Days — 105.22 (b)
Contractor provides written REA including the following:
(1) Date of dispute
(2) Nature of order and circumstances causing dispute
(3) Contract provisions supporting dispute
(4) Estimated cost of dispute with supporting documentation
(5) Analysis of progress schedule and disruption, if any
15 Days — 105.22 (c)
CDOT Project Engineer and Contractor discuss merit of dispute
+ 7 days — 105.22 (c)
PE denies merit of dispute
Contractor rejects PE's denial. Contractor
provides written notice to RE.
7 days — 105.22 (d)
PE determines dispute has merit
♦ 7 days — 105.22 (cif
Contractor accepts denial.
Dispute is resolved.
Disagree on quantum
Merit granted —
Quantum negotiations
30 Days — 105.22 (c)
Proj Eng/Res Eng & Supt/PM & Contractor's rep with decision authority above the
project level to meet regularly to discuss dispute
DRB agreement signed
30145 days —
105.23(b) _
Up to 30 days — 105.22 (d)
105.23(a) Proj Eng
initiates DRB process
* 20 days — 105.23 (d)
Prehearing Submittal
4 15 days — 105.23 (e)
DRB Hearing
30 days — 105.23 (g)
DRB renders a recommendation
10 days — 105.23 (h)
Request for Clarification and Reconsideration
14 days — 105.23 (i)
Adjustment of
paymentischedule in
consultation with
Program Engineer -
Dispute is resolved
5 Days _ —
105.23 (a)
1
Either party rejects DRB recommendation
Dispute is
unresolved
DRB recommendation is accepted
Figure 105-1 continued on next page
Figure 105-1 (continued)
Either party rejects DRB recommendation
30 days — 105.24 (a)
105.24 Notice of intent to file a claim
60 days — 105.24 (b)
Contractor submits certified claim package w/'RTD (and Audit Unit if over $250K)
160 days — 105.24 (d)
RTD renders a decision
I 30 days — 105.24 (d)
Contractor rejects and
appeals RTD decision to CE
Contractor accepts decision
60 days - 105.24 (e)
Adjustment of
payment; schedule in
consultation with
Program Engineer -
Dispute is resolved
Decision is implemented
15 days
105.24 (e)
►� Request for hearing
Chief Engineer
renders decision
45 days — 05.24 (e)
30 days — 105.24 (e)1
Contractor rejects CE decision
l
Contractor accepts CE decision
Optional Mediation
Dispute is unresolved
Contractor initiates
Dispute is resolved
Resolution is implemented
Id Decision is implemented
Binding Arbitration or Litigation
(Whichever was selected at Contract execution)
1
Litigation
Court Decision
L►
Binding Arbitration
Arbitrator(s) render recommendation
1
Appeal process only for damages
May 8, 2014
1
REVISION OF SECTION 105
HOT MIX ASPHALT PAVEMENT SMOOTHNESS
Section 105 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 105.07 and replace with the following:
105.07 Conformity to Roadway Smoothness Criteria of HMA. Roadway smoothness testing and corrective
work shall be performed as described below. The pavement smoothness category shall be HRI Category II
unless shown on the plans.
(a) Smoothness Quality Control Testing.
1. The Contractor shall perform Smoothness Quality Control (SQC) testing. The test results shall be
submitted to the Engineer within 48 hours of completion. SQC test results shall show the Half Car
Roughness Index (HRI) for each 0.10 mile section and shall show the results for localized roughness.
All traffic control costs associated with SQC testing will be paid for in accordance with Section 630.
SQC testing shall be performed on the first 2,000 tons for the final layer.
SQC testing shall be performed using the Contractor's inertial profiler, pursuant to the methods
described in subsection 105.07(b) and in accordance with the manufacturer's recommendations. The
Contractor's Profiler shall be certified according to CP 78. A list of certified profilers is located at
http://www.dot.state.co.us/DesignSupport/.
Production shall be suspended if SQC testing indicates that corrective work is required in accordance
with subsection 105.07 (c). If the SQC data becomes available after production has started for the day,
suspension will begin at the end of that production day. Production will remain suspended until the
problem is identified and corrected. Each time production is suspended, corrective actions shall be
proposed in writing by the Contractor. Production will not be allowed to resume until the proposed
corrective actions have been accepted by the Project Engineer in writing.
When production resumes, the Contractor shall profile the first 2,000 tons of HMA. The conditions
above for suspension of work will apply.
2. The finished transverse and longitudinal surface elevation of the pavement shall be measured using a 10
foot straightedge. Areas to be measured will be directed by the Engineer. The Contractor shall furnish
an approved 10 foot straightedge, depth gauge and operator to aid the Engineer in testing the pavement
surface. Areas showing high spots of more than 3/16 inch in 10 feet shall be marked and diamond
ground until the high spot does not exceed 3/16 inch in 10 feet.
(b) Initial Smoothness Acceptance Testing. The Contractor shall perform Smoothness Acceptance Testing (SA)
which will be used for acceptance and calculation of incentive and disincentive adjustments.
All traffic control costs associated with SA testing will be paid for in accordance with Section 630.
1. Longitudinal Pavement Surface Smoothness Acceptance. Pavement surfaces shall be tested and
accepted for longitudinal smoothness as described herein.
A. Testing Procedure (General). The longitudinal surface smoothness of the final pavement surface
shall be tested by the Contractor in accordance with CP 74 and using the Contractor's high-speed
profiler (HSP). The Contractor's Profiler shall be certified according to CP 78. A list of certified
profilers is located at http://www.dot.state.co.us/DesignSupport/
The HSP instrumentation shall be verified in accordance with CP 74 prior to measurements. The
Contractor shall lay out a distance calibration site. The distance calibration site shall be located no
more than ten miles from the Project limits. The distance calibration site shall be 1056 feet long and
shall be on a relatively flat, straight section of pavement as approved by the Engineer. The site
May 8, 2014
2
REVISION OF SECTION 105
HOT MIX ASPHALT PAVEMENT SMOOTHNESS
shall have a speed limit equal to the Project's highest speed limit that allows for the HSP to operate
uninterrupted. The limits of the site shall be clearly marked and the distance shall be measured to
an accuracy of +/- 3 inches. The Contractor shall provide in writing the site location to the Engineer.
The cost of the distance calibration site will not be measured and paid for separately, but shall be
included in the work.
The entire length of each through lane, climbing lane and passing lane including bridge approaches,
bridge decks and intersections from the beginning to the end of the project shall be profiled in their
planned final configuration. Shoulders less than 12 foot in width and medians will not be profiled
and will not be subject to incentive/disincentive adjustments. Shoulders with a width of 12 feet or
greater, ramps, tapers, turn slots, acceleration lanes and deceleration lanes will be profiled, but will
not be subject to incentive/disincentive adjustments. Shoulders with a width of 12 feet or more,
ramps, tapers, turn slots, acceleration lanes and deceleration lanes will be evaluated for localized
roughness corrective work. The profile of the entire length of a lane shall be taken at one time.
However, the Engineer may break a project into sections to accommodate Project phasing.
A sufficient distance shall be deleted from the profile to allow the profiler to obtain the testing speed
plus a 300 foot distance to stop and start when required. Incentive/disincentive adjustments will not
be made for this area. The final surface of these areas shall be tested in accordance with
subsection 105.07(a) 2.
Shoulders less than 12 foot in width and medians constructed as part of this project shall be
measured in accordance with subsection 105.07(a) 2.
The profile shall include transverse joints when pavement is placed by the project on both sides of
the joint. When pavement is placed on only one side of the joint, the profile shall start 25 feet
outside the project paving limits. The profile of the section of pavement 25 feet outside the paving
limits to 25 feet inside paving limits will not be subjected to incentive or disincentive adjustments,
but will be evaluated for localized roughness.
The profile of the area 25 feet each side of every railroad crossing, cattle guard, bus pad, manhole,
gutter pan and intersection (where there is a planned breakpoint in the profile grade line in the
direction of traffic) shall be deleted from the profile before the HRI is determined.
Incentive/disincentive adjustments will not be made for these areas. Areas deleted from the profile
shall be tested in accordance with subsection 105.07(a) 2.
When both new pavement and a new bridge or new bridge pavement are being constructed in a
project, the profile of the area 25 feet each side of the bridge deck shall be deleted from the profile
before the HRI is determined. Incentive/disincentive adjustments will not be made for this area.
Areas deleted from the profile shall be tested in accordance with subsection 105.07(a) 2. The
bridge deck will be evaluated for localized roughness. Corrective work required in these areas will
not be measured and paid for separately, but shall be included in the work. For all other projects,
the profile of the area 25 feet each side of the bridge deck shall be deleted from the profile before
the HRI is determined. Incentive/disincentive adjustments will not be made for this area. If the
Engineer determines that corrective work is required in this area, payment will be made in
accordance with subsection 109.04.
The Contractor shall notify the Engineer in writing at least five working days in advance of his
intention to perform SA testing. The Contractor shall profile the Project within 14 days after the
completion of paving operations. The Engineer will witness the SA profiling and take immediate
possession of the SA data.
The Contractor shall not perform any corrective work that will affect the pavement smoothness for
ten working days after completion of the SA testing or as approved by the Engineer. This time is to
allow for the Department to analyze the data and perform smoothness verification testing.
May 8, 2014
3
REVISION OF SECTION 105
HOT MIX ASPHALT PAVEMENT SMOOTHNESS
B. Smoothness Testing Procedures. The Contractor shall mark the profiling limits and excluded areas.
The Engineer will verify that the Contractor's marks are located properly. The Contractor shall use
traffic cones with reflective tape or reflective tape on the pavement at the beginning and end of each
lane for triggering the start and stop locations on the profiler and at any other location, where
portions of the profile are being deleted. These locations shall be marked with temporary paint so
that the Department's profiler uses the same locations for smoothness verification testing.
The ambient temperature shall be at least 34 °F for the profiler to operate.
The Contractor shall clear the lanes to be tested of all debris before profiling.
The Contractor shall submit a Method for Handling Traffic (MHT) to the Engineer for approval at
least five days in advance of SA testing. The MHT shall detail the methods for traffic control that will
allow for continuous non-stop profiling of each lane to be profiled at a minimum speed of 15 mph.
The Contractor shall provide the traffic control in accordance with the approved MHT.
Each lane shall be profiled at least once. Profiling shall be at a constant speed (+/- 5 mph of the
distance calibration speed ) with a minimum speed of 15 mph and a maximum speed of 70 mph.
Shoulders with a width of 12 feet or more, ramps, tapers, turn slots, acceleration lanes and
deceleration lanes shall be profiled. The profile shall be taken in the planned direction of travel.
The left and right wheel paths shall be profiled simultaneously. The collected profiles shall be
turned over immediately to the Engineer and will be analyzed using CP 74.
(1) The Department will determine a HRI for each 0.1 mile section or fraction thereof of completed
pavement. The HRI consists of the left and right wheel path's profile passed through the
International Roughness Index (IRI) filter.
The Contractor's SA test results will be available within ten working days of the completion of
SA testing. The Engineer will give the Contractor a report that will include the lane profiled, the
HRI in 0.10 mile increments and a summary of areas requiring corrective work. The Engineer
may determine that it is necessary for the Contractor to re -profile a lane.
Areas requiring corrective work will be determined according to subsection 105.07(c) 1.
Sections less than 0.01 miles in length shall not be subject to corrective work as specified by
Table 105-6. Sections less than 0.01 miles in length shall be included in the Localized
Roughness determination.
C. Acceptance and incentive/disincentive adjustments for pavement smoothness will be made on a
square yard basis in accordance with the following:
Incentive and Disincentive adjustments will be based on the HRI for each 0.1 mile section or fraction
thereof. Incentive/Disincentive adjustments for Pavement Smoothness will be made in accordance
with Table 105-6. Sections less than 0.01 miles in length will not be subject to disincentives.
Incentive payments will not be made until all localized roughness areas have been corrected.
May 8, 2014
4
REVISION OF SECTION 105
HOT MIX ASPHALT PAVEMENT SMOOTHNESS
Table 105-6
HMA PAVEMENT SMOOTHNESS (INCHES/MILE)
HALF -CAR ROUGHNESS INDEX
Pavement
Smoothness
Category
Incentive Payment
($/sqyd)
No Incentive or
Disincentive
Disincentive Payment
($/sqyd)
Corrective
Work Required
When HRI ? 63.0 and
When HRI > 72.0 and
When HRI >
When HRI ≤ 40.0
≤ 72.0
< 90.0
90.0
I=5.12-0.07111 x
= $1.28
I = $0.00
HRI
When HRI > 40.0 and
< 63.0
When HRI ? 90.0
= 3.51 - 0.05565 x
HRI
l =—$1.28
When HRI ? 58.0 and
When HRI > 67.0 and
When HRI >
When HRI ≤ 35.0
≤ 67.0
< 85.0
85.0
I=4.76-0.07111 x
II
I = $1.28
I = $0.00
HRI
When HRI > 35.0 and
< 58.0
When HRI ? 85.0
= 3.23 - 0.05565 x
HRI
l =—$1.28
When HRI ? 70.0 and
When HRI > 80.0 and
When HRI >
When HRI ≤ 45.0
≤ 80.0
< 100.0
100.0
= $1.28
I = $0.00
I=5.12-0.064xHRI
III
When HRI > 45.0 and
< 70.0
When HRI ? 100
=3.584-0.0512x
HRI
l= - $1.28
(c) Corrective Work.
The Department will analyze the SA testing for acceptance and indicate areas requiring corrective work in
accordance with subsection 105.07(b). Corrective work shall be proposed in writing by the Contractor.
Corrective work shall not be performed until approved in writing by the Engineer. The Contractor shall not
perform any corrective work on the final layer until after the Engineer returns the results of the Initial
Smoothness Acceptance testing and after the Department's Smoothness Verification testing, if performed.
The Contractor shall perform corrective work in the areas indicated by the SA testing.
Corrective work on lower layers shall be at the Contractor's discretion.
The Contractor shall profile the roadway to verify the required corrective work has been completed.
If the Contractor elects to perform corrective work prior to the completion of initial SA testing, the entire 0.10
mile section, or fraction thereof, will not be eligible for incentive payment, but will be eligible for disincentive.
The Engineer will not modify the limits of the 0.10 mile sections to group corrective work areas in an effort to
reduce the number of sections impacted by this decision.
The Contractor may elect to perform additional corrective work to reduce or eliminate the disincentive
payment for each 0.1 mile section or fraction thereof after the initial SA testing and the Department's
verification testing.
May 8, 2014
5
REVISION OF SECTION 105
HOT MIX ASPHALT PAVEMENT SMOOTHNESS
The criteria for determining if a 0.1 mile section or fraction thereof requires corrective work is specified in
Table 105-6. In addition to determining if a 0.1 mile section or fraction thereof requires corrective work, the
profiles shall be analyzed for areas of Localized Roughness.
Localized Roughness. The profiles shall be analyzed to determine where areas of localized roughness
occur. The profile shall be summarized using the continuous HRI reporting system using an averaging
length of 25 feet. The FHWA's latest version of ProVal software will shall be used to generate the
continuous HRI report. ProVal can be downloaded at http://www.roadprofile.com.
Areas of localized roughness are determined to be where the continuous HRI report exceeds the values in
Table 105-9. Areas of localized roughness greater than 15.0 feet in length shall be considered deficient, and
require corrective work.. Areas of localized roughness less than 25 feet in distance that contain a valve box
shall be tested in accordance with subsection 105.07 (a) 2. for corrective work.
Table 105-9
CONTINUOUS HRI USING 25 FOOT AVERAGING FOR LOCALIZED
ROUGHNESS CORRECTIVE WORK ON HMA PAVEMENTS
HRI
SMOOTHNESS
CATEGORY
HRI In/mile
I
135.0
II
125.0
III
150.0
1. Corrective Methods. Corrective work shall consist of diamond grinding, an approved overlay, or removal
and replacement.
Corrective work shall conform to of one of the following conditions:
(1) Removal and Replacement. The pavement requiring corrective work shall be removed, full width of
the lane and the full thickness of the layer in accordance with subsection 202.09.
The removal area shall begin and end with a transverse butt joint, which shall be constructed with a
transverse saw cut perpendicular to centerline. Replacement material shall be placed in sufficient
quantity so the finished surface conforms to grade and smoothness requirements. Sections removed
and replaced shall be at least 0.20 miles in length.
(2) Overlay. The overlay shall cover the full width of the pavement including shoulders. The area
overlaid shall begin and end with a transverse butt joint, which shall be constructed with a transverse
saw cut and asphalt removal. All material shall be approved hot bituminous mixtures that meet all
contract requirements. The overlay shall be placed so that the finished surface conforms to grade
and smoothness requirements. The overlay area shall be compacted to the specified density. The
overlay thickness shall be equivalent to that of the final layer in accordance with the Contract.
Sections overlaid shall be at least 0.20 miles in length.
(3)
Diamond Grinding. Grinding shall not reduce planned pavement thickness by more than 0.3 inches.
Diamond grinding shall be the full width of the lane. The entire ground area of the final pavement
surface shall be covered with a Tack Coat conforming to Section 407 (CSS-1 h at 0.1 gallons per
square yard of diluted emulsion; the emulsion shall be diluted with water at the rate of 50 percent
water and 50 percent emulsion) when grinding is complete. Cores shall be taken to verify that
minimum pavement thicknesses have been maintained. A minimum of one core shall be taken every
May 8, 2014
6
REVISION OF SECTION 105
HOT MIX ASPHALT PAVEMENT SMOOTHNESS
100 cumulative feet or fraction thereof per lane of diamond grinding, as directed by the Engineer.
Coring shall be at the Contractor's expense.
(d) Final Smoothness Acceptance Testing. After the Contractor has completed the required corrective work and
any additional corrective work, the Contractor shall retest the pavement in accordance with subsection
105.07(b). If the Contractor requests to do additional corrective work to reduce disincentive after Final SA
Testing, the Contractor shall perform an additional Final SA Testing for the project. A charge of $500 will be
assessed to the Contractor for each additional Final SA Testing. Time count will be charged pursuant to
contract requirements during the time period required for all Final SA Testing. Delays associated with
additional Final SA Testing will be considered non -excusable and non-compensable.
The Contractor shall notify the Engineer pursuant to 105.07(b) to schedule the final SA testing.
Final acceptance and incentive/disincentive adjustments for pavement smoothness will be made on a square
yard basis in accordance with the following:
Incentive payments will be based on the H RI for each 0.1 mile section or fraction thereof from the
Contractor's initial SA testing. Those sections which earned incentives or full payment based on the initial
SA testing will not be re-evaluated for incentive after final SA testing.
The disincentive payment will be based on the HRI for each 0.1 mile section or fraction thereof from the
Contractor's Initial SA testing or the Contractor's Final SA testing, whichever is less. Those sections which
had disincentive levels indicated by the initial SA, will be re-evaluated for disincentive. The Contractor may
eliminate all disincentives on those 0.1 mile sections; however, no incentives may be earned in these areas,
regardless of the final smoothness.
(e) Department Smoothness Verification Testing (SV). The Department may elect to perform smoothness
verification (SV) testing using the Department's inertial profiler, with the methods described in subsection
105.07(b). The Engineer will notify the Contractor of the Department's intention to perform SV testing. All
traffic control costs associated with Department SV testing will be paid for by the Department in accordance
with Section 630.
The Contractor's SA test results will be compared to the Department's SV test results. The Contractor's SA
test results will be considered acceptable and will be used for incentive/disincentive payment if the following
criteria are met:
(1) The difference in HRI for a 1/10 mile section is less than 6.1 inches/mile for a minimum of 90 percent of
the 1/10mile sections for each lane.
(2) The difference in average HRI for each lane is less than 6.1 inches/mile.
(3) The difference in the length of each lane is less than 0.2 percent
When the Contractor's SA test results are not considered acceptable, the Department's SV test results will be
used for incentive/disincentive payment and the Contractor's profiler certification will be evaluated pursuant to
CP 78. The Department will have 30 days to complete this evaluation.
The Contractor will be assessed a charge of $1,000 for SV testing when the Contractor's SA test results are
not considered acceptable.
(f)
HRI Category IV: HMA Recycling Treatments Thin Lifts and Urban Rehabilitation treatments smoothness
criteria. For HRI Category IV pavements, the following shall be used for acceptance:
An HRI for each 0.1 mile section shall be determined on the original pavement surface prior to
beginning the work.
An HRI for each 0.1 mile section shall be determined on the pavement surface after the work is
complete.
May 8, 2014
7
REVISION OF SECTION 105
HOT MIX ASPHALT PAVEMENT SMOOTHNESS
When a 0.1 mile section has a final HRI greater than 80.0 in/mile and the final HRI is greater than the HRI
prior to performing the work, that 0.1 mile section shall be corrected by a method approved in writing by
the Engineer. Corrective work shall be such that the resulting final HRI is equal to or less than the initial
HRI or 80.0 in/mile, whichever is greater. All costs associated with corrective work shall be at the
Contractor's expense, including but not limited to traffic control, additional hot mix asphalt, grinding and
milling.
Incentive/disincentive adjustments for smoothness will not be made for Category IV. Localized
Roughness determinations will not be made for HRI Category IV.
The pavement smoothness for HMA Recycling Treatments and Thin Lifts that will be overlaid with a final
riding surface will not be evaluated by the Department for acceptance.
January 15, 2015
1
REVISION OF SECTIONS 105 AND 106
CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT
(VOIDS ACCEPTANCE)
Sections 105 and 106 of the Standard Specifications are hereby revised for this project as follows:
Delete subsection 105.05 and replace with the following:
105.05 Conformity to the Contract of Hot Mix Asphalt. Conformity to the Contract of all Hot Mix Asphalt, Item
403, except Hot Mix Asphalt (Patching) and temporary pavement will be determined by tests and evaluations of
elements that include asphalt content, voids in the mineral aggregate, air voids, in -place density, and joint density
in accordance with the following:
All work performed and all materials furnished shall conform to the lines, grades, cross sections, dimensions, and
material requirements, including tolerances, shown in the Contract.
For those items of work where working tolerances are not specified, the Contractor shall perform the work in a
manner consistent with reasonable and customary manufacturing and construction practices.
When the Engineer finds the materials or work furnished, work performed, or the finished product are not in
conformity with the Contract and has resulted in an inferior or unsatisfactory product, the work or material shall be
removed and replaced or otherwise corrected at the expense of the Contractor.
Materials will be sampled randomly and tested by the Department in accordance with subsection 106.05 and with
the applicable procedures contained in the Department's Field Materials Manual. The approximate maximum
quantity represented by each sample will be as set forth in subsection 106.05. Additional samples may be
selected and tested at the Engineer's discretion.
A process will consist of either a test value or a series of test values resulting from related tests of an element of
the Contractor's work and materials. An element is a material and/or workmanship property that can be tested
and evaluated for quality level by the Department approved sampling, testing, and analytical procedures. All
materials produced will be assigned to a process of each element being tested and evaluated. A change in
process is defined as a change that affects the element involved. A process for any element normally will include
all produced materials associated with that element prior to a change in the job mix formula (Form 43) with the
exception of the process for joint density element. For joint density, a new process will be established for each
new layer of pavement or for changes in joint construction. In -place density measurements taken within each
compaction test section will be a separate process. The Engineer may separate a process in order to
accommodate small quantities or unusual variations.
Evaluation of materials for pay factors (PF) will be done using only the Department's acceptance test results.
Each process will have a PF computed in accordance with the requirements of this Section. Test results
determined to have sampling or testing errors will not be used.
Except for in -place density measurements taken within a compaction test section, any test result for the asphalt
content, in -place density and/or joint density element greater than the distance 2 x V (see Table 105-2) outside
the tolerance limits will be designated as a separate process and the quantity it represents will be evaluated in
accordance with subsection 105.05(a). An element pay factor less than zero shall be zero. The calculated PF
will be used to determine the Incentive/Disincentive Payment (I/DP) for the process in accordance with 105.05(e)
Evaluation of Work.
Any test result for the air voids or VMA elements greater than the distance 2 x V (see Table 105-2) outside the
tolerance limits will be designated as a separate process and the quantity it represents shall be removed and
replaced with specification material at the Contractor's expense.
In the case of in -place density or joint density, the Contractor will be allowed to core the exact location (or
immediately adjacent location for joint density) of a test result more than 2 x V outside the tolerance limit. The
core must be taken and furnished to the Engineer within eight hours after notification by the Engineer of the test
result. The result of this core will be used in lieu of the previous test result. Cores not taken within eight hours
2
REVISION OF SECTIONS 105 AND 106
CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT
(VOIDS ACCEPTANCE)
after notification by the Engineer will not be used in lieu of the test result. All costs associated with coring will be
at the Contractor's expense.
(1) Representing Small Quantities. When it is necessary to represent a process by only one or two test results,
PF will be the average of PFs resulting from the following:
If the test result is within the tolerance limits then PF = 1.00. If the test result is above the maximum
specified limit, then
PF = 1.00 - [0.25(To - Tu)/1/]
If the test result is below the minimum specified limit, then
PF = 1.00 - [0.25(TL - To)/V]
Where: PF = pay factor.
V = V factor from Table 105-2.
To = the individual test result.
Tu = upper specification limit.
TL = lower specification limit.
If the pay factor of any of the above calculations is less than 0.75 for any element, the acceptance of the
work will be evaluated according to subsection 105.05(e).
(2) Determining Quality Level. Each process with three or more test results will be evaluated for a quality level
(QL) in accordance with Colorado Procedure 71.
(3) Joint Density Element. Joint density will be tested according to subsection 401.17.
(4) Process Pay Factor. Using the calculated QL for the process, compute the PF as follows: The final number
of random samples (Pn) in each process will determine the final pay factor. As test values are accumulated
for each process, Pn will change accordingly. When the process has been completed, the number of random
samples it contains will determine the computation of PF, based on Table 105-3 and formula (1) below.
When Pn is from 3 to 9, or greater than 200, PF will be computed using the formulas designated in Table 105-
3. Where Pn is equal to or greater than 10 and less than 201, PF will be computed by formula (1):
(PF1 + PF2)
(1) PF = +
2
(PF2 + PFs ) (PF, + PF2) (Pn2 - Pnx )
2
2 (Pnz — Pn3)
Where, when referring to Table 105-3:
PF1= PF determined at the next lowest Pn formula using process QL
PFz = PF determined using the Pn formula shown for the process QL
PF3= PF determined at the next highest Pn formula using process QL
Pn2= the lowest Pn in the spread of values listed for the process Pn formula
Pn3= the lowest Pn in the spread of values listed for the next highest Pn formula
Pnx= the actual number of test values in the process
When evaluating the item of Furnish Hot mix asphalt, the PF for the element of In -Place Density shall be 1.0.
Regardless of QL, the maximum PF in relation to Pn is limited in accordance with Table 105-3.
3
REVISION OF SECTIONS 105 AND 106
CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT
(VOIDS ACCEPTANCE)
As test results become available, they will be used to calculate QL and PF numbers for each process. The
process I/DP's will then be calculated and accumulated for each element and for the item. The test results
and the accumulated calculations will be made available to the Contractor upon request.
Numbers from the calculations will be carried to significant figures and rounded according to AASHTO
Standard Recommended Practice R-11, Rounding Method.
(5) Evaluation of Work. When the PF of a process is 0.75 or greater, the finished quantity of work represented
by the process will be accepted at the appropriate pay factor. If the PF for the air voids or VMA elements
within any process is less than 0.75, the Contractor shall remove and replace the material with specification
material at the Contractor's expense. If PF for any other element within any process is less than 0.75, the
Engineer may:
1. Require complete removal and replacement with specification material at the Contractor's expense,
or
2. Where the finished product is found to be capable of performing the intended purpose and the value of
the finished product is not affected, permit the Contractor to leave the material in place. If the material is
permitted to remain in place, the PF for the process shall not be greater than 0.75. The Region Materials
Engineer (RME) will be consulted prior to determining the material will be allowed to remain in place. The
RME will also be consulted to assist in determining an appropriate pay factor.
When condition red, as described in subsection 106.05(g), exists for any element, resolution and correction
will be in accordance with subsection 106.05(g). Material that the Engineer determines is defective may be
isolated and rejected without regard to sampling sequence or location within a process.
If removal and replacement is required because the joint density PF for a process is below 0.75, the
Contractor shall remove and replace the full lane width adjacent to and including at least six inches beyond
the visible joint line for the entire length of joint representing the process. If the lane removed is adjacent to
another joint, that joint shall also be removed to a point six inches beyond the visible joint line. When a single
joint density core is more than 2V outside the tolerance limits, the removal and replacement limits shall be
identified by coring the failing joint at 25 foot intervals until two successive cores are found to be 1V or
less.below the minimum tolerance limit. If removal and replacement is required, the Contractor shall submit
documentation identifying the process to be used to correct the area in question. The process will be
approved by the Engineer before commencing the corrective work
Table 105-2
"W" AND "V" FACTORS FOR VARIOUS ELEMENTS
Element
V Factor
W Factor
Asphalt Content
0.20
10
Voids in the Mineral Aggregate
0.60
10
Air Voids
0.60
30
In -place Density
1.10
35
Joint Density
1.60
15
4
REVISION OF SECTIONS 105 AND 106
CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT
(VOIDS ACCEPTANCE)
Table 105-3
FORMULAS FOR CALCULATING PF BASED ON PN
Pn
When Pn as shown at left is 3 to 9, or greater than 200, use
designated formula below to calculate Pay Factor, PF = ...,
when Pn is 10 to 200, use formula (1) above:
Maximum PF
3
0.31177 + 1.57878 (QL/100)- 0.84862 (QL/100)2
1.025
4
0.27890 + 1.51471 (QL/100)- 0.73553 (QL/100)2
1.030
5
0.25529 + 1.48268 (QL/100)- 0.67759 (QL/100)2
1.030
6
0.19468 + 1.56729 (QL/100)- 0.70239 (QL/100)2
1.035
7
0.16709 + 1.58245 (QL/100)- 0.68705 (QL/100)2
1.035
8
0.16394 + 1.55070 (QL/100)- 0.65270 (QL/100)2
1.040
9
0.11412 + 1.63532 (QL/100)- 0.68786 (QL/100)2
1.040
10 to 11
0.15344 + 1.50104 (QL/100)- 0.58896 (QL/100)2
1.045
12 to 14
0.07278 + 1.64285 (QL/100)- 0.65033 (QL/100)2
1.045
15 to 18
0.07826 + 1.55649 (QL/100)- 0.56616 (QL/100)2
1.050
19 to 25
0.09907 + 1.43088 (QL/100)- 0.45550 (QL/100)2
1.050
26 to 37
0.07373 + 1.41851 (QL/100)- 0.41777 (QL/100)2
1.055
38 to 69
0.10586 + 1.26473 (QL/100)- 0.29660 (QL/100)2
1.055
70 to 200
0.21611 + 0.86111 (QL/100)
1.060
> 201
0.15221 + 0.92171 (QL/100)
1.060
(6) Process I/DP Computation.
I/DP = (PF - 1)(QR)(UP)(W/100)
Where: I/DP= Incentive/Disincentive Payment
PF = Pay Factor
QR = Quantity in Tons of HMA Represented by the Process
UP = Unit Bid Price of Asphalt Mix
W = Element Factor from Table 105-2
When AC is paid for separately UP shall be:
UP = [(TOnHMA)(UPHMA) + (TOnAc)(UPAC)]/TOnHMA
Where:
TonHMA =
UPHMA =
TOnAC =
UPAC =
Tons of Asphalt Mix
Unit Bid Price of Asphalt Mix
Tons of Asphalt Cement
Unit Bid Price of Asphalt Cement
For the Joint Density element:
UP = UPHMA
5
REVISION OF SECTIONS 105 AND 106
CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT
(VOIDS ACCEPTANCE)
Where: UPHMA is as defined above.
When AC is paid for separately UP shall be:
UP = [(BTonHMA)(BUPHMA) + (BTonAc)(BUPAc)]/BTonHMA
Where:
BTonHMA = Bid Tons of Asphalt Mix
BUPHMA = Unit Bid Price of Asphalt Mix
BTonAc = Bid Tons of Asphalt Cement
BU PAC = Unit Bid Price of Asphalt Cement
(7) Element I/DP. The I/DP for an element shall be computed by accumulating the process I/DP for that element.
(8) I/DP for a Mix Design. The I/DP for a mix design shall be computed by accumulating the process I/DP's for
the asphalt content, voids in the mineral aggregate, air voids, and in -place density elements for that mix
design. The accumulated quantities of materials for each element must be the same at the end of I/DP
calculations for a mix design.
(9) Project I/DP. The I/DP for the project shall be computed by accumulating the mix design I/DP's and the joint
density I/DP's. The accumulated quantities of materials for each element must be the same at the end of
I/DP calculations for the project.
Delete subsection 106.05 and replace with the following:
106.05 Sampling and Testing of Hot Mix Asphalt. All HMA, Item 403, except HMA (Patching) and temporary
pavement shall be tested in accordance with the following program of process control testing and acceptance
testing:
(a) Process Control Testing. The Contractor shall be responsible for process control testing on all elements
listed in Table 106-1. Process control testing shall be performed at the expense of the Contractor. The
Contractor shall develop a quality control plan (QCP) in accordance with the following:
1. Quality Control Plan. For each element listed in Table 106-1, the QCP must provide adequate details to
ensure that the Contractor will perform process control. The Contractor shall submit the QCP to the
Engineer at the preconstruction conference. The Contractor shall not start any work on the project until
the Engineer has approved the QCP in writing.
A. Frequency of Tests or Measurements. The QCP shall indicate a random sampling frequency, which
shall not be less than that shown in Table 106-1. The process control tests shall be independent of
acceptance tests.
B. Worksheets, Forms, and Charts. The Contractor shall submit examples of worksheets, test result
forms, and test results charts in accordance with CP 12 as part of the QCP.
C. Test Result Chart. Each process control test result, the appropriate tonnage and the tolerance limits
shall be plotted. For in -place density tests, only results after final compaction shall be shown. The
chart shall be posted daily at a location convenient for viewing by the Engineer.
D. Quality Level Chart. The Quality Level (QL) for each element used to calculate incentive or
disincentive in Table 106-1 and each required sieve size shall be plotted. The QL will be calculated in
accordance with the procedure in CP 71 for Determining Quality Level (QL). The QL will be
calculated on tests 1 through 3, then tests 1 through 4, then tests 1 through 5, then thereafter the last
6
REVISION OF SECTIONS 105 AND 106
CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT
(VOIDS ACCEPTANCE)
five consecutive test results. The tonnage of material represented by the last test result shall
correspond to the QL. For in -place density tests, only results after final compaction shall be shown.
The chart shall be posted daily at a location convenient for viewing by the Engineer.
2. Elements Not Conforming to Process Control. The QL of each discrete group of five test results,
beginning with the first group of five test results, shall be a standard for evaluating material not
conforming to process control. When the group QL is below 65, the process shall be considered as not
conforming to the QCP. In this case, the Contractor shall take immediate action to bring the process back
into control. Except where the cause of the problem is readily apparent and corrected without delay,
production shall be suspended until the source of the problem is determined and corrected. A written
explanation of actions taken to correct control problems shall accompany the test data and be submitted
to the Engineer on the day the actions are taken.
3. Point of Sampling. The material for process control testing shall be sampled by the Contractor using
approved procedures. Acceptable procedures are Colorado Procedures, AASHTO and ASTM. The
order of precedence is Colorado Procedures, AASHTO procedures and then ASTM procedures. The
location where material samples will be taken shall be indicated in the QCP.
4. Testing Standards. The QCP shall indicate which testing standards will be followed. Acceptable
standards are Colorado Procedures, AASHTO and ASTM. The order of precedence is Colorado
Procedures, AASHTO procedures and then ASTM procedures.
5. Testing Supervisor Qualifications. The person responsible for the process control sampling and testing
shall be identified in the QCP and be qualified according to the requirements of CP 10
6. Technician Qualifications. Technicians taking samples and performing tests must be qualified according
to the requirements of CP 10.
7. Testing Equipment. All of the testing equipment used to conduct process control testing shall conform to
the standards specified in the test procedures and be in good working order. Nuclear testing devices
used for process control testing of in -place density do not have to be calibrated on the Department's
calibration blocks.
8. Reporting and Record Keeping. The Contractor shall report the results of the process control tests to the
Engineer in writing at least once per day. The Contractor shall assemble a Quality Control (QC) notebook
and update it daily. This notebook shall contain all worksheets, test results forms, test results charts and
quality level charts for each of the elements listed in Table 106-1. The Contractor shall submit the QC
notebook to the Engineer for review once a month on the date agreed to at the Pre -Paving Conference.
The QC notebook will be returned to the Contractor within one working day after submittal. The Engineer
will notify the Contractor in writing of any deficiencies in the QC notebook, including the failure to submit
the notebook on time or an absence of the required reports. Upon the second failure to submit the
complete QC notebook on time or with an absence of the required reports, the Engineer will notify the
Contractor, and the pay estimate will be withheld until the Contractor submits, in writing, a report detailing
the cause for the failure to submit the complete QC notebook on time or the cause for the absence of
required reports. The report shall include how the Contractor plans to resolve the failures. Additional
failures to submit the QC notebook on time or absent the required reports will result in a delay of the pay
estimate until the Contractor has identified and resolved the failure along with revising and resubmitting
his QCP to address these issues. Once the Engineer has reviewed and approved the revised QCP the
estimate may be paid. Upon submittal of the QC notebook for the semi-final estimate, the QC notebook
shall become the property of the Department. The Contractor shall make provisions such that the
Engineer can inspect process control work in progress, including QC notebook, sampling, testing, plants,
and the Contractor's testing facilities at any time.
(b) Acceptance Testing. Acceptance testing is the responsibility of the Department and shall not be addressed
in the QCP. The Department will determine the locations where samples or measurements are to be taken
7
REVISION OF SECTIONS 105 AND 106
CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT
(VOIDS ACCEPTANCE)
and as designated in Section 403. The maximum quantity of material represented by each test result and
the minimum number of test results will be in accordance with Table 106-1. The location or time of sampling
will be based on a stratified random procedure. Acceptance sampling and testing procedures will be in
accordance with the Schedule for Minimum Materials Sampling, Testing and Inspection in the Department's
Field Materials Manual. Samples for project acceptance testing shall be taken by the Contractor in
accordance with the designated method. The samples shall be taken in the presence of the Engineer.
Where appropriate, the Contractor shall reduce each sample to the size designated by the Engineer. The
Contractor may retain a split of each sample which cannot be included as part of the QCP.
If the Contractor elects to question the Hot Mix Asphalt (HMA) acceptance test results, the steps outlined in
CP 17 shall be followed. The results from the CP 17 resolution process shall be binding on both the
Department and the Contractor. Requests for CP 17 process for all elements except density shall be
submitted in writing to the Engineer within five working days from the date the Contractor receives
acceptance test data from the Engineer. The specific element questioned shall be identified in writing. All
requests for the CP 17 process for the density element shall be submitted in writing to the Engineer within 24
hours of receiving test data from the Engineer. The Contractor shall choose either the CDOT Materials and
Geotechnical Branch or a consultant laboratory not associated with the project to perform the third party
testing. The Contractor shall document his choice in writing at the Pre -Paving Conference. If a consultant
laboratory is chosen, the CDOT Materials and Geotechnical Branch will determine the consultant that will be
used from a pre -established list and ensure there is no conflict of interest. If third party testing is required,
the responsibility for the testing expenses shall be assigned in accordance with CP 17. The costs for testing
are shown in CP 17, Table 17-2.
All materials being used are subject to inspection and testing at any time prior to, during, or after
incorporation into work. Acceptance tests will be made by and at the expense of the Department, except
when otherwise provided.
(c) Check Testing Program (CTP). Prior to or in conjunction with placing the first 500 tons of asphalt pavement,
under the direction of the Engineer, a CTP will be conducted between acceptance testing and process
control testing programs. The CTP will consist of testing for asphalt content, theoretical maximum specific
gravity, voids in the mineral aggregate, air voids, in -place density, and joint density in accordance with CP 13
of the Department's Field Materials Manual. The CTP will be continued until the acceptance and process
control test results are within the acceptable limits shown in Table 13-1 of CP 13. For joint density, the initial
check test will be a comparison of the seven cores tested by CDOT and the seven cores tested by the
Contractor. These are the cores from the compaction test section used for nuclear gauge calibration and
test section payment.
During production a split sample check will be conducted at the frequency shown in Table 106-1. The split
samples will be from an acceptance sample obtained in accordance with subsection 106.05(b). Except for
joint density, the split samples will be from an acceptance sample obtained in accordance with subsection
106.05(b). The acceptance test result will be compared to the process control test result obtained by the
Contractor using the acceptable limits shown in Table 13-1 of CP 13. For joint density, the comparison
sample material for testing by the Contractor will be obtained by taking a second core adjacent to the joint
density acceptance core. The acceptance test result will be compared to the process control test result
obtained by the Contractor using the acceptable limits shown in the above table and following the check
testing procedure given in CP 13.
If production has been suspended and then resumed, the Engineer may order a CTP between process
control and acceptance testing persons to assure the test results are within the acceptable limits shown in
Table 13-1 of CP 13. Check test results shall not be included in process control testing. The Region Materials
Engineer shall be called upon to resolve differences if a CTP shows unresolved differences beyond the
values shown in Table 13-1 of CP 13.
(d) Stability Verification Testing. After the mix design has been approved and production commences, the
8
REVISION OF SECTIONS 105 AND 106
CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT
(VOIDS ACCEPTANCE)
Department will perform a minimum of three stability verification tests to verify that the field produced Hot mix
asphalt conforms to the approved mix design:
The test frequency shall be one per day unless altered by the Engineer.
The test results will be evaluated and the Contractor shall make adjustments if required in accordance with the
following:
1. The minimum value for stability will be the minimum specified in Table 403-1 of the specifications. There
will be no tolerance limit.
2. Quality Level. Calculate a QL for stability.
If the QL for stability is less than 65, then production shall be halted and the Contractor shall submit a
written proposal for a mix design revision to the Engineer. The Engineer shall give written approval to the
proposed mix design revision before production continues.
After a new or revised mix design is approved, three additional stability tests will be performed on asphalt
produced with the new or revised mix design. The test frequency shall be one per day unless altered by the
Engineer.
If the stability QL is less than 65, then production shall be halted until a new mix design has been completed
and approved using plant produced material or the Contractor shall submit a written proposal for a mix
design revision to the Engineer. The Engineer shall give written approval to the proposed mix design
revision before production continues.
3. New or Revised Mix Design. Whenever a new or revised mix design is used and production resumes, three
additional stability field verification tests shall be performed and the test results evaluated in accordance
with the above requirements. The test frequency shall be one per day unless altered by the Engineer.
4. Field Verification Process Complete. When the field verification process described above is complete and
production continues, the sample frequency will revert back to 1/10,000 tons.
(e) Target Values for VMA. After the mix design has been approved and production commences, the first three
acceptance tests for Voids in Mineral Aggregate (VMA) will be analyzed to verify and establish a target value
for VMA. The Contractor shall make adjustments if required in accordance with the following: The target
value for VMA will be the average of the first three volumetric field verification test results on project
produced hot mix asphalt or the target value specified in Table 403-1 and Table 403-2 of the specifications,
whichever is higher. The target value for VMA will be set no lower than 1.0 percent below the VMA target on
original Form 43.
Whenever a new or revised mix design is used and production resumes, the next three acceptance tests will
be evaluated and a target value for VMA will be established in accordance with the above requirements.
(f)
(g)
Independent Assurance Testing. Independent assurance testing for Asphalt Content and In -Place Density
will be in accordance with the Department's Field Materials Manual. Independent assurance testing for
Voids in the Mineral Aggregate and Air Voids will be performed by the Department's Flexible Pavement
laboratory on samples sent from the field at a frequency of one per 10 000 tons.
Reference Conditions. Three reference conditions can exist determined by the Moving Quality Level (MQL).
The MQL will be calculated in accordance with the procedure in CP 71 for Determining Quality Level (QL).
The MQL will be calculated using only acceptance tests. The MQL will be calculated on tests 1 through 3,
then tests 1 through 4, then tests 1 through 5, then thereafter on the last five consecutive test results. The
MQL will not be used to determine pay factors. The three reference conditions and actions that will be taken
are described as follows:
9
REVISION OF SECTIONS 105 AND 106
CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT
(VOIDS ACCEPTANCE)
1. Condition green will exist for an element when an MQL of 90 or greater is reached, or maintained, and the
past five consecutive test results are within the specification limits.
2. Condition yellow will exist for all elements at the beginning of production or when a new process is
established because of changes in materials or the job -mix formula, following an extended suspension of
work, or when the MQL is less than 90 and equal to or greater than 65. Once an element is at condition
green, if the MQL falls below 90 or a test result falls outside the specification limits, the condition will revert
to yellow or red as appropriate.
3. Condition red will exist for any element when the MQL is less than 65. The Contractor shall be notified
immediately in writing and the process control sampling and testing frequency increased to a minimum
rate of 1/250 tons for that element. The process control sampling and testing frequency shall remain at
1/250 tons until the process control QL reaches or exceeds 78. If the QL for the next five process control
tests is below 65, production will be suspended.
After condition red exists, a new MQL will be started. Acceptance testing will stay at the frequency shown
in Table 106-1. After three acceptance tests, if the MQL is less than 65, production will be suspended.
Production will remain suspended until the source of the problem is identified and corrected. Each time
production is suspended; corrective actions shall be proposed in writing by the Contractor and approved
in writing by the Engineer before production may resume.
Upon resuming production, the process control sampling and testing frequency for the elements causing
the condition red shall remain at 1/250 tons. If the QL for the next five process control tests is below 65,
production will be suspended again.
(h) Correction Factor. In determining the air voids and VMA in the materials compacted with the SuperPave
Gyratory Compactor (SGC), the following correction for bulk specific gravity shall be performed during the
CTP:
1. The difference in the average value of bulk specific gravity between the process control testing SGC and
acceptance testing SGC will be determined and used as a correction factor for the process control bulk
specific gravity.
2. This correction factor shall be used to correlate the process control SGC to the acceptance testing SGC
for comparison of air voids and VMA during the CTP and full project production. Values in Table 13-1 of
CP 13 apply to SGC comparison after correction factor has been applied.
3. This correction factor shall be applied in correlating the SGC's air voids and VMA test results from
process control and acceptance testing to produce comparable data. Any changes in SGC equipment or
in the mix design properties, specifically the number of gyrations, asphalt binder grade, aggregate
gradation, combination of aggregates, and aggregate sources shall require a new correction factor to be
determined under a CTP.
Example: If for the five CTP tests on split samples the process control SGC averages bulk specific gravity of
2.391 and the acceptance SGC averages 2.382, the correction factor would be —0.009 (2.382-2.391) to the
process control bulk specific gravities. Each of the five process control CTP bulks would be decreased by
0.009 before CTP result comparison of voids and VMA is made. If the volumetric results satisfy Table 13-1 of
CP 13, use corrected bulks to calculate voids and VMA for process control testing program.
If process control and acceptance SGCs are not from the same equipment manufacturer, project -specific
material shall be used to perform the CTP and generate the correction factor.
10
REVISION OF SECTIONS 105 AND 106
CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT
(VOIDS ACCEPTANCE)
Table 106-1
SCHEDULE FOR MINIMUM SAMPLING AND TESTING
Element
Process Control
Acceptance3
Check (CTP)
Determining Asphalt Content of Hot
Bituminous Mixtures
Theorectical Maximum Specific
Gravity
Voids in the Mineral Aggregate
Air Voids
Hveem Stability
Resistance to Moisture Damage
(Lottman)
Gradation
Determining Percent Relative
Compaction of Bituminous
Pavement
Joint Density
Aggregate Percent Moisture (4)
Percent Lime (4) (5)
1/500 tons
1/1000 tons, minimum
11d ay
1/1000 tons
1/1000 tons
1/10,000 tons
1/10,000 tons
1/10,000 tons
1/500 tonsl
1 core/2500 linear feet
of joint
1/2000 T or 1/Day if
less than 2000 T
1/Day
1/1000 tons1
1/1000 tons, minimum
1/day
1/1000 tons'
1/1000 tons'
1/10,000 tons2
According to
subsection 401.02
1/10 000 tons2
1/500 tons"'
1 core/5000 linear feet
of joint1
1/2000 T
Not applicable
1/10,000 tons
1/10,000 tons
1/10,000 tons
1/10,000 tons
Not applicable.
Not applicable.
Not applicable.
1/5000 tons
1 core/50,000 linear
feet of joint
Not applicable
Not applicable
Notes for Table 106-1:
(1) The minimum number of acceptance tests will be at least 5 asphalt content, 5 voids in the mineral
aggregate, 5 air voids, 10 -in -place density and 5 joint densities for all projects.
(2) For information only. These elements are not used to calculate pay factors.
(3)
When unscheduled job mix formula changes are made (Form 43) acceptance of the elements, except
for in -place density, will be based on the actual number of samples that have been selected up to that
time, even if the number is below the minimum listed in Table 106-1. At the Engineer's discretion,
additional random in -place density test may be taken in order to meet scheduled minimums, provided
the applicable pavement layer is available for testing under safe conditions. Beginning with the new job
mix formula, the quantity it will represent shall be estimated. A revised schedule of acceptance tests will
be based on that estimate.
(4) Not to be used for incentive/disincentive pay. Test according to CP-60B and report results from Form
106, Form 565 or Form 6.
(5)
Verified per Contractor's QC Plan.
November 6, 2014
REVISION OF SECTION 106
BUY AMERICA REQUIREMENTS
Section 106 of the Standard Specifications is hereby revised for this project as follows:
Subsection 106.11 shall include the following:
The Contractor shall maintain a document summarizing the date and quantity of all steel and iron material
delivered to the project. The document shall show the pay item, quantity of material delivered to the project, along
with the quantity of material installed by the cutoff date for the monthly progress payment. The summary shall also
reconcile the pay item quantities to the submitted Buy America certifications. The Contractor shall also maintain
documentation of the project delivered cost of all foreign steel or iron permanently incorporated into the project.
Both documents shall be submitted to the Engineer within five days of the cutoff date for the monthly progress
payment. A monthly summary shall be required even if no steel or iron products are incorporated into the project
during the month. The summary document does not relieve the Contractor of providing the necessary Buy
America certifications of steel and or iron prior to permanent incorporation into the project.
February 3, 2011
REVISION OF SECTION 106
CERTIFICATES OF COMPLIANCE AND
CERTIFIED TEST REPORTS
Section 106 of the Standard Specifications is hereby revised for this project as follows:
In subsection 106.12, delete the second paragraph and replace it with the following:
The original Certificate of Compliance shall include the Contractor's original signature as directed above. The
original signature (including corporate title) on the Certificate of Compliance, under penalty of perjury, shall be of a
person having legal authority to act for the manufacturer. It shall state that the product or assembly to be
incorporated into the project has been sampled and passed all specified tests in conformity to the plans and
specifications for this project. One legible copy of the fully signed Certificate of Compliance shall be furnished to
the Engineer prior to installation of material. The original shall be provided to the Engineer before payment for the
represented item will be made.
In subsection 106.13, delete the second paragraph and replace it with the following:
The Certified Test Report shall be a legible copy or an original document and shall include the Contractor's
original signature as directed above. The signature (including corporate title) on the Certified Test Report, under
penalty of perjury, shall be of a person having legal authority to act for the manufacturer or the independent
testing laboratory. It shall state that the test results show that the product or assembly to be incorporated into the
project has been sampled and passed all specified tests in conformity to the plans and specifications for this
project. One legible copy or original document of the fully signed Certified Test Report shall be furnished to the
Engineer prior to installation of material. Failure to comply may result in delays to the project or rejection of the
materials.
October 31, 2013
1
REVISION OF SECTION 106
MATERIAL SOURCES
Section 106 of the Standard Specifications is hereby revised for this project as follows:
In subsection 106.02 (a), delete the third paragraph and replace with the following:
The Contract will indicate whether the Department has or has not obtained the necessary County or City Zoning
Clearance and the required permit from Colorado Department of Natural Resources needed to explore and
remove materials from the available source. If the Department did not obtain the necessary clearances or permits,
the Contractor shall obtain them. Any delays to the project or additional expenses that are incurred while these
clearances or permits are being obtained shall be the responsibility of the Contractor. The Contractor shall ensure
that the requirements of the permits do not conflict with the pit construction and reclamation requirements shown
in the Contract for the available source.
In subsection 106.02 (b), delete the first paragraph and replace with the following:
(b) Contractor Source. Sources of sand, gravel, or borrow other than available sources will be known as
contractor sources. The contractor source will be tested by the Department and approved by the Engineer prior to
incorporation of the material into the project. If the submitted materials do not meet the contract specifications it
will become the Contractor's responsibility to re -sample and test the material. The Contractor will supply the
Department with passing test results from an AASHTO accredited laboratory and signed and sealed by a
Professional Engineer. If requested by the Engineer, the Department will then re -sample and re -test the material
for compliance to the contract specifications. The Contractor shall produce material which meets contract
specifications throughout construction of the project.
The cost of sampling, testing, and corrective action by the Contractor will not be paid for separately but shall be
included in the work.
January 30, 2014
REVISION OF SECTION 106
SUPPLIER LIST
Section 106 of the Standard Specifications is hereby revised for this project as follows:
Subsection 106.01 shall include the following:
Prior to beginning any work the Contractor shall submit to the Engineer a completed Form 1425, Supplier List.
During the performance of the Contract, the Contractor shall submit an updated Form 1425 when requested by
the Engineer.
Failure to comply with the requirements of this subsection shall be grounds for withholding of progress payments.
May 12, 2016
1
REVISION OF SECTIONS 106, 627 AND 713
GLASS BEADS FOR PAVEMENT MARKING
Sections 106, 627, and 713 are hereby revised for this project as follows:
Subsection 106.11 shall include the following:
All post -consumer and industrial glass beads for pavement marking shall have been manufactured from North
American glass waste streams in the United States of America. The bead manufacturer shall submit a COC in
accordance with subsection 106.12 confirming that North American glass waste streams were used in the
manufacture of the glass beads.
Subsection 627.06 (c) shall include the following:
Glass beads shall be applied into the thermoplastic pavement marking by means of a low pressure, gravity drop
bead applicator.
In subsection 713.08, delete the first and third paragraphs and replace with the following:
713.08 Glass Beads for Pavement Marking. Glass beads for pavement marking shall conform to AASHTO M
247, except for the following:
(1) Gradation:
U.S. Mesh
Microns
% Passing
Epoxy
and
MMA
Pavement
Marking
Paint
16
1180
90-100
100
18
1000
65-80
97-100
20
850
85-100
30
600
30-50
50-70
40
425
10-35
50
300
0-5
0-10
80
180
0-5
(2) Roundness: All beads shall meet a minimum of 80 percent true spheres in accordance with the Office of
Federal Lands Highways FLH T520 or a computerized optical testing method.
(3) Color / Clarity: Beads shall be colorless, clear, and free of carbon residues.
(4) Refractive Index: Minimum 1.51 by oil immersion method.
(5) Air Inclusions: Less than 5 percent by visual count.
(6) Coatings: Per manufacturer's recommendation for optimum adhesion and embedment.
(7) Chemical Resistance: Beads shall be resistant to hydrochloric acid, water, calcium chloride, and sodium
sulfide as tested per methods outlined in sections 4.3.6 to 4.3.9 of the TT -B Federal Spec.1325D.
(8) For Epoxy Pavement Marking, a minimum of 40 percent of the total weight shall be manufactured using a
molten kiln direct melt method. For Pavement Marking Paint, a minimum of 15 percent of the total weight
shall be manufactured using a molten kiln direct melt method. All molten kiln direct melt glass beads shall be
above the 600 pm (#30) sieve.
May 12, 2016
2
REVISION OF SECTIONS 106, 627 AND 713
GLASS BEADS FOR PAVEMENT MARKING
(9) Glass beads used for any type of pavement marking shall not contain more than 75 parts per million (ppm)
arsenic, 75 ppm antimony and 100 ppm lead, as tested in accordance with EPA methods 3052 and 6010C, or
other approved testing method
May 2, 2013
REVISION OF SECTION 107
PROJECT PAYROLLS
Section 107 of the Standard Specifications is hereby revised for this project as follows:
Subsection 107.01 shall include the following:
As related to the Form FHWA 1273, Required Contract Provisions Federal -Aid Construction Contracts, the
Contractor shall check all Contractor and subcontractor project payrolls regarding accuracy of pay classification,
pay hours, and pay rates. The Contractor shall sign and date all payrolls signifying this check has been
performed.
February 3, 2011
REVISION OF SECTION 107
RESPONSIBILITY FOR DAMAGE CLAIMS,
INSURANCE TYPES AND COVERAGE LIMITS
Section 107 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 107.15(c) and replace it with the following:
(c) Each insurance policy shall include provisions preventing cancellation or non -renewal without at least 30 days
prior notice to Contractor. The Contractor shall forward to the Engineer any such notice received within seven
days of the Contractor's receipt of such notice.
January 30, 2014
REVISION OF SECTION 107
WARNING LIGHTS FOR WORK VEHICLES AND EQUIPMENT
Section 107 of the Standard Specifications is hereby revised for this project as follows:
Subsection 107.06 (b) shall include the following:
All work vehicles and mobile equipment shall be equipped with one or more functioning warning lights mounted
as high as practicable, which shall be capable of displaying in all directions one or more flashing, oscillating, or
rotating lights for warning roadway traffic. The lights shall be amber in color. The warning lights shall be activated
when the work vehicle or mobile equipment is operating within the roadway, right of way or both. All
supplemental lights shall be SAE Class 1 certified.
April 30, 2015
1
REVISION OF SECTION 108
DELAY AND EXTENSION OF CONTRACT TIME
Section 108 of the Standard Specifications is hereby revised for this project as follows:
In subsection 108.08, delete (c) and (d) and replace with the following:
(c) Delay. Any event, action or factor that extends the performance period of the Contract.
1. Excusable Delay: A delay that was beyond the Contractor's control and was not due to the Contractor's
fault or negligence. The Department may grant a contract time extension for an excusable delay.
A. Compensable Delay: A delay that the Department, not the Contractor, is responsible for entitling the
Contractor to a time extension and monetary compensation. Monetary compensation for compensable
delays will be made in accordance with Subsection 109.10.
B. Noncompensable Delay: An excusable delay that neither the Contractor nor the Department is
responsible for that may entitle the Contractor to a contract time extension but no additional monetary
compensation. Contract time allowed for the performance of the work may be extended for delays due to
force majeure (i.e. acts of God, acts of the public enemy, terrorist acts, fires, floods, area wide strikes,
embargoes, or unusually severe weather).
2. Nonexcusable Delay: A delay that was reasonably foreseeable or within the control of the Contractor for
which the Department will not grant monetary compensation or a contract time extension.
3. Concurrent Delay. Independent delays to critical activities occurring at the same time.
A. The Department will not grant a time extension or additional compensation for the period of time that a
non -excusable delay is concurrent with an excusable delay.
B. The Department may grant time but no compensation for the period of time that a non-compensable
delay is concurrent with a compensable delay.
Delays in delivery of materials or fabrication scheduling resulting from late ordering, financial considerations,
or other causes that could have been foreseen or prevented will be considered nonexcusable delays.
However, delays caused by fuel shortage or delay in delivery of materials to the Contractor due to some
unusual market condition caused by industry -wide strike, national disaster, area -wide shortage, or other
reasons beyond the control of the Contractor which prevent procurement of materials or fuel within the
allowable contract time limits will be considered excusable delays.
(d) Extension of Contract Time. The Contractor's assertion that insufficient contract time was specified is not
a valid reason for an extension of contract time. For time extension requests, the Contractor shall provide
a two-part submittal: part one shall consist of a written notice of the delay and part two shall consist of the
Contractor's delay documentation and supporting analysis.
Part 1: The Contractor shall provide the written notice of delay within seven days of the delay occurrence.
The notice shall describe the delay and include documentation substantiating the nature and cause of the
delay. Failure to submit the written notice constitutes a waiver of entitlement to additional time or
compensation.
Part 2: This shall be submitted within 30 days of the written notice. The Contractor shall include all
documentation needed to support the time extension request. In order to request additional contract time
for an unexpected delay, the Contractor shall provide a contemporaneous schedule analysis in
accordance with subsection 108.03. The schedule analysis shall show that the delayed activity or
activities were on the critical path or became critical due to the delay.
April 30, 2015
2
REVISION OF SECTION 108
DELAY AND EXTENSION OF CONTRACT TIME
The Engineer will base a determination of an allowable contract time extension on:
(1) The current Schedule in effect at the time of the alleged delay;
(2) The supporting documentation submitted by the Contractor;
(3) The contemporaneous schedule analysis; and
(4) Any other relevant information available to the Engineer.
For a time extension request resulting from a change order, the Contractor shall demonstrate the delay to
the project completion date by:
(1) Inserting a fragnet containing the change order activities into an unprogressed copy of the schedule
that is current at the time of the change order;
(2) tying the fragnet into the schedule logic; and
(3) Recalculating the schedule.
The Department will not consider delays to activities which do not affect the performance period of the
Contract as a basis for a Contract time extension. If the Engineer grants a contract time extension, the
revised Contract Completion date will be in effect as though it were the original contract date.
A Contractor's failure to have an approved, or approved with comments, current project schedule in place will
preclude the Department from considering a Contractor's a time extension request.
May 2, 2013
REVISION OF SECTION 108
LIQUIDATED DAMAGES
Section 108 of the Standard Specifications is hereby revised for this project as follows:
In subsection 108.09 delete the schedule of liquidated damages and replace with the following:
Original Contract Amount ($)
Liquidated Damages per Calendar Day ($)
From More Than
To And Including
0
250,000
400
250,000
500,000
700
500,000
1,000,000
1,100
1,000,000
2,000,000
1,600
2,000,000
4,000,000
2,500
4,000,000
10,000,000
3,300
10,000,000
3,300 plus 200 Per Each Additional 1,000,000
Contract Amount or Part Thereof Over
10,000,000
July 31, 2014
REVISION OF SECTION 108
NOTICE TO PROCEED
Section 108 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 108.02 and replace with the following:
108.02 Notice to Proceed. The Contractor shall not commence work prior to the issuance of a Notice to
Proceed. The "Notice to Proceed" will stipulate the date on which contract time commences. When the Contractor
proceeds with work prior to that date, contract time will commence on the date work actually begins. The
Contractor shall commence work under the Contract on or prior to the 15th day following Contract execution or
the 30th day following the date of award, whichever comes later, or in accordance with the selected start date
allowed in the special provisions.
July 31, 2014
1
REVISION OF SECTION 108
PROJECT SCHEDULE
Section 108 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 108.03 and replace with the following:
108.03 Project Schedule.
(a) Definitions.
Activity. An activity is a project element on a schedule that affects completion of the project. An activity has a
description, start date, finish date, duration, and one or more logic ties.
Activity ID. A unique, alphanumeric, identification code assigned to an activity and remains constant
throughout the project.
Bar Chart. A simple depiction of a Project Schedule without relationships or supporting logic of the schedule.
Calendar. Defined work periods and no work periods that determine when project activities can occur.
Multiple calendars may be used for different activities; e.g., a 5 -day work -week and a 7 -day work -week
calendar.
Constraint. A restriction imposed in a schedule, which fixes a value that would otherwise be calculated within
the schedule. Examples of values that can be fixed by a constraint include start date, end date, and
completion date.
Critical Path. The sequence of activities that determines the duration of the project.
Critical Path Method Scheduling. (CPM Scheduling) is a logic -based planning technique using activity
durations and relationships between activities to calculate a schedule determining the minimum total project
duration.
Data Date. The starting point from which to schedule all remaining work.
Duration. The estimated amount of time needed to complete an activity.
Float. The amount of time between the earliest date an activity can start and the latest date when an activity
must start ,or the earliest date an activity can finish and latest date when an activity can finish before the
activity becomes critical. The time between the Project Schedule completion date and the Contract
completion date is not considered float.
Gantt Chart. A time -scaled graphical display of the project's schedule.
Lag. A time -value assigned to a relationship.
Logic. Relationships between activities defining the sequence of work (See also predecessor activity and
successor activity).
Milestone. An activity, with no duration used to represent an event.
Open -Ended Activity. An activity that does not have both a predecessor activity and a successor activity.
Predecessor Activity. An activity that is defined by schedule logic to precede another activity.
Relationship. The interdependence between activities.
Salient Feature. An item of work that is of special interest for CDOT in coordinating the project schedule but
may not affect the overall completion of the project.
July 31, 2014
2
REVISION OF SECTION 108
PROJECT SCHEDULE
Successor Activity. An activity that is defined by schedule logic to follow another activity.
Time -Scaled Logic Diagram. Gantt chart that illustrates logic links depicting both schedule logic and the time
at which activities are performed.
(b) Project Schedule - General
The Contractor shall use either Microsoft Project or Primavera Scheduling software to develop and manage a
CPM Project Schedule to plan, schedule, and report the progress of the work. Prior to, or at the Pre -
construction Conference, the Contractor shall notify the Engineer in writing, which scheduling software the
Contractor shall use to manage the project. The Contractor's selection and use of particular scheduling
software cannot be changed after the first schedule submittal. If the Contractor selects Primavera, the
Contractor shall calculate the schedule using the Retained Logic scheduling option. The Department will not
allow use of bar charts for the Project Schedule.
The Contractor shall submit schedules for approval by the Engineer. The purpose of these schedules is to
allow the Contractor and the Department to jointly manage the work and evaluate progress. The schedules
also serve to evaluate the affect of changes and delays to the scheduled project completion. Either party may
require a formal schedule review meeting.
The Contractor's schedule shall consist of a time -scaled logic diagram and shall show the logical progression
of all activities required to complete the work.
The Contractor shall use activity descriptions that ensure the work is easily identifiable. The Contractor shall
show the no -work days in the schedule calendars.
The Contractor shall use durations for individual construction activities that do not exceed 15 calendar days
unless approved by the Engineer. The Contractor may group a series of activities with an aggregate duration
of five days or less into a single activity. Non -construction activities may have durations exceeding 15 working
days, as approved by the Engineer.
The Contractor may include summary bars in the schedule as long as the detailed activities to complete the
work are displayed.
The Contractor shall not use the following:
(1) Negative lags
(2) Lags in excess of 10 working days without approval by the Engineer. The Contractor's written request
shall justify the need for the lag. Lags shall be identified.
(3) Start -to -finish relationships.
(4) Open-ended activities - every activity shall have at least one predecessor activity and at least one
successor activity, except for the first and last activities in the network. If the contractor uses a start -to -
start relationship to link two activities, then both of those two activities should also have successor
activities linked by either a finish -to -start or a finish -to -finish relationship.
(5) Constraints without approval by the Engineer. The Contractor's written request shall explain why the use
of constraints in the schedule is necessary.
The Project Schedule shall show all activities required by all parties to complete the work. The Project
Schedule shall include subcontracted work, delivery dates for critical material, submittal and review periods,
permits and governmental approvals, milestone requirements, utility work by others and no work periods. The
Contractor, its subcontractors, suppliers, and engineers, at any tier, shall perform the work according to the
approved Project Schedule.
July 31, 2014
3
REVISION OF SECTION 108
PROJECT SCHEDULE
Float within the Baseline Schedule or any other Project Schedule is not for the exclusive use or benefit of
either party, but is a project resource available to both parties as needed until it is depleted.
For any schedule submittal that shows completion in less than 85 percent of the Contract Time, the
Contractor shall submit planned production rates in the schedule for all activities with float of 10 days or less.
The Engineer may require additional methods statements for activities with float of 10 days or less.
The Engineer's review of the schedule will not exceed 10 calendar days. The Engineer will provide the
Contractor with one of the following responses within 10 days after receipt of the Project Schedule:
(1) Approved, no exceptions taken;
(2) Approved -as -Noted; or
(3) Revise and Resubmit within 10 days.
The Contractor shall not assume that approval of the Project Schedule relieves the Contractor of its obligation
to complete all work within the Contract Time.
(c) Schedule Submittals. The Contractor shall include a time -scaled logic diagram with all schedule submittals
that:
(1) Is plotted on a horizontal time -scale in accordance with the project calendar.
(2) Uses color to clearly identify the critical path.
(3) Is based on early start and early finish dates of activities.
(4) For Schedule Updates and Schedule Revisions, shows actual completion dates up to but not including
the data date.
(5) Clearly shows the sequence and relationships of all activities necessary to complete the contract work.
(6) Includes an activity block for each activity with the following information:
Activity ID Activity Description
Original Duration Total Float
Early start date Early finish date
Late start date* Late finish date*
Actual Start date^ Actual Finish date^
Calendar used on the activity Activity Responsibility
Remaining Duration^ Duration Percent Complete^
Gantt chart (time -scaled logic diagram)
*Required with the Preliminary and Baseline Schedule.
^Required with the Project Schedule Update and Schedule Revision.
The Contractor shall include the following with all schedule submittals:
(1) A Job Progress Narrative Report that includes the following:
(i) A description of the work performed since the previous month's schedule update.
(ii) A description of problems encountered or anticipated since the previous month's schedule
submission.
(iii) A description of unusual labor, shift, equipment, or material conditions or restrictions encountered or
anticipated.
July 31, 2014
4
REVISION OF SECTION 108
PROJECT SCHEDULE
(iv) The status of all pending items that could affect the schedule.
(v) Explanations for milestones forecasted to occur late.
(vi) Scheduled completion date status and any change from the previous month's submission.
(vii) An explanation for a scheduled completion date forecasted to occur before or after the contract
completion date or contract time.
(viii) Schedule Delays:
1. A description of current and anticipated delays including: Identification of the delayed activity or
activities by Activity ID(s) and description(s).
2. Delay type with reference to the relevant specification subsection.
3. Delay cause or causes.
4. Effect of the delay on other activities, milestones, and completion dates.
5. Identification of the actions needed to avoid a potential or mitigate an actual delay.
6. A description of the critical path impact and effect on the scheduled completion date in the previous
month's schedule update.
(ix) A list of all added and deleted activities along with an explanation for the change.
(x) All logic and duration changes along with an explanation for the change.
(2) A Predecessor Activity and Successor Activity report that defines all schedule logic and clearly indicates
all logical relationships and constraints.
(3) An Early Start report listing all activities, sorted by actual start/early start date.
(4) A Float report listing all activities sorted in ascending order of available float.
(5) A Critical Path report listing all activities not yet complete with the percent complete, sorted by float and
then by early start.
(6) A listing of all non -work days.
For all required schedule submittals, the Contractor shall submit two electronic copies on two compact disk,
USB flash drive, or other media as directed by the Engineer. Electronic copies of CPM schedules shall be
submitted both in the native schedule format and in "PDF' format. The Contractor shall also provide two
printed copies of the CPM Schedule and all reports.
Each schedule submittal shall be appropriately labeled as a Preliminary Schedule, Baseline Schedule, Project
Schedule Update, or Schedule Revision. The title bar shall include the CDOT project number, subaccount,
project name, contractor name, schedule data date. If an originally submitted schedule is revised during
review, the title bar shall also include a revision number (REV1, REV2, etc.) and revision date.
(d) Preliminary Schedule. Within 14 days of award of the Contract, the Contractor may submit a Preliminary
Schedule showing all planned activities from the Notice to Proceed through the first 60 days of the project. If
the Contractor elects not to submit a Preliminary Schedule, then the Contractor shall submit a complete
Baseline Schedule within 14 days of award of the Contract, which will be subject to all requirements of a
Baseline submittal. The Preliminary Schedule shall not show any progress and it will be approved by the
Engineer before work can commence. The Preliminary Schedule shall be used as the basis for the Baseline
Schedule.
(e) Baseline Schedule. If the Contractor elects to submit a Preliminary Schedule, within 45 days of the award of
Contract, the Contractor shall submit a Baseline Schedule that includes all work activities completed within
Contract Time. The Contractor shall not show progress in the Baseline Schedule. Further partial payments
will not be made beyond 60 days after the start of Contract Time unless the Baseline Schedule is approved.
When approved, the Baseline Schedule shall become the Project Schedule.
The Contractor shall use all information known by the Contractor at the time of bid submittal to develop the
Baseline Schedule.
July 31, 2014
5
REVISION OF SECTION 108
PROJECT SCHEDULE
If the Contractor elects to submit a Baseline Schedule in lieu of a Preliminary Schedule, the Baseline
Schedule shall be approved before work can commence.
(f) Methods Statements. The Contractor shall submit a Methods Statement for each salient feature or as
directed by the Engineer that describes all work necessary to complete the feature. The Contractor shall
include the following information in the Methods Statement:
(1) Salient feature name;
(2) Responsibility for the salient feature work;
(3) Planned work procedures;
(4) The planned quantity of work per day for each salient feature using the same units of measure as the
applicable pay item;
(5) The anticipated labor force by labor type;
(6) The number, types, and capacities of equipment planned for the work;
(7) The planned time for the work including the number of work days per week, number of shifts per day, and
the number of hours per shift.
(g)
Project Schedule Update. The Contractor shall submit a monthly update of the Project Schedule updated
through the cut-off date for the monthly progress pay estimate, and a projection for completing all remaining
activities. A schedule update may show a completion date that is different than the Contract completion date,
after the baseline schedule is approved. Approval of this schedule shall not relieve the Contractor of its
obligation to complete the work within the Contract Time. In this case, the Contractor shall provide an
explanation for a late scheduled completion date in the Job Progress Narrative Report included with the
schedule submittal.
When approved, the Project Schedule Update will become the Project Schedule. The Engineer will not issue
a monthly progress payment if the Engineer has not received the Project Schedule Update. The Engineer will
not make monthly progress payments for the months following the Project Schedule Update submission until
the Engineer approves the Project Schedule Update.
When the project has a maintenance or landscape establishment period, the Engineer may waive the monthly
update requirement. The Contractor shall submit a final Project Schedule Update that shows all work through
the final acceptance date.
(h) Weekly Planning Schedule. The Contractor shall submit, in writing, a Weekly Planning Schedule that shows
the Contractor's and all Subcontractor's planned activities for a minimum of two weeks immediately following
the date of submittal and actual days worked versus planned for the week prior to the date of submittal. This
schedule shall include the description, duration and sequence of work activities and anticipated lane closures
for the upcoming two weeks. The Weekly Planning Schedule may be a time -scaled logic diagram or other
standard format as approved by the Engineer. subsection 108.03(c) Schedule Submittal requirements for
reports do not apply to the Weekly Planning Schedule.
(i) Schedule Revision. A Schedule Revision is required in the event of any major change to the work. Examples
of major changes are:
(1) Significant changes in logic or methods of construction or changes to the critical path;
(2) Addition, deletion, or revision of activities required by contract modification order;
(3) Approval of a Contractor submitted Value Engineering Change Proposal;
(4) Delays in milestones or project completion;
(5) Phasing revisions, or;
(6) If the Engineer determines that the schedule does not reflect the actual work.
July 31, 2014
6
REVISION OF SECTION 108
PROJECT SCHEDULE
This revision shall include a description of the measures necessary to achieve completion of the work within
the Contract Time. The Contractor may also need to submit revised Methods Statements. The Contractor
shall provide a Schedule Revision within 10 days of written notification and shall include the diagrams and
reports as described in subsection 108.03 (b) Schedule - General and (c) Schedule Submittals. In this case,
the Contractor shall provide an explanation for a late scheduled completion date in the Job Progress Narrative
Report included with the schedule.
Once approved, the Schedule Revision becomes the Project Schedule.
(j) Payment. All costs relating to the requirements of this subsection will not be paid for separately, but shall be
included in the work.
January 31, 2013
REVISION OF SECTION 108
SUBLETTING OF CONTRACT
Section 108 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 108.01 and replace with the following:
108.01 Subletting of Contract. The Contractor shall not sublet, sell, transfer, assign, or dispose of the Contract
or Contracts, or any portion thereof without written permission of the Engineer. Prior to beginning any work by
subcontractor, the Contractor shall request permission from the Engineer by submitting a completed Sublet
Permit Application, CDOT Form No. 205. The subcontract work shall not begin until the Contractor has received
the Engineer's written permission. The Contractor shall make all project related written subcontracts, agreements,
and purchase orders available to the Engineer for viewing, upon request and at a location convenient to the
Engineer.
The Contractor will be permitted to sublet a portion of the Contract, however, the Contractor's organization shall
perform work amounting to 30 percent or more of the total original contract amount. Any items designated in the
contract as "specialty items" may be performed by subcontract. The cost of "specialty items" so performed by
subcontract may be deducted from the total original contract amount before computing the amount of work
required to be performed by the Contractor's own organization. The original contract amount includes the cost of
material and manufactured products which are to be purchased or produced by the Contractor and the actual
agreement amounts between the Contractor and a subcontractor. Proportional value of a subcontracted partial
contract item will be verified by the Engineer. When a firm both sells material to a prime contractor and performs
the work of incorporating the materials into the project, these two phases shall be considered in combination and
as constituting a single subcontract.
The calculation of the percentage of subcontracted work shall be based on subcontract unit prices.
Subcontracts or transfer of Contract shall not release the Contractor of liability under the Contract and Bond.
August 3, 2015
1
REVISION OF SECTION 109
ASPHALT CEMENT COST ADJUSTMENT
(ASPHALT CEMENT INCLUDED IN THE WORK)
Section 109 of the Standard Specifications is hereby revised for this project as follows:
Subsection 109.06 shall include the following:
(i)
Asphalt Cement Cost Adjustments. Contract cost adjustments will be made to reflect increases or decreases
in the monthly average price of asphalt cement from the average price for the month preceding the month in
which bids were received for the Contract. These cost adjustments are not a change to the contract unit
prices bid.
1. Cost adjustments will be based on the asphalt cement price index established by the Department and
calculated as shown below. The index will be the average for the month of the daily Hardisty WCS spot
price. This will be calculated by applying the monthly Hardisty WCS differential (as published on
http://www.fhr.com/refining/crude_oil.aspx) from the West Texas Intermediate (WTI) daily spot price (as
published on http://www.up.com/customers/surcharge/wti/prices/index.htm). The daily prices and the
average index number for the month will be posted as soon as they are available on the CDOT website
at:
http://www.coloradodot.info/business/design support/construction-specifications/20 11-Specs/asphalt-
cement-cost-adjustment
2. Cost adjustments will be made on a monthly basis subject to the following conditions:
A. Adjustment will be based on the pay quantities on the monthly partial pay estimate for the following
two pay items when measured by the ton and asphalt cement is included in the pay items:
Item No.
Item
Pay Unit
403*
Hot Mix Asphalt (Grading _) (Asphalt)
Ton
403
Stone Matrix Asphalt (Grading _)
(Asphalt)
Ton
*Hot Mix Asphalt (Patching) is not subject to asphalt cement cost adjustment.
B. A cost adjustment will be made only when the asphalt cement price index varies by more than 5
percent from the asphalt cement price index at the time of bid, and only for that portion of the
variance in excess of 5 percent. Cost adjustments may be either positive or negative dollar
amounts.
C. Asphalt cement cost adjustments will not be made for any partial estimate falling wholly after the
expiration of contract time.
D. Adjustment formula:
EP greater than BP:
ACCA = (EP — 1.05 BP)(PA) (Q)
EP less than BP:
ACCA = (EP — 0.95 BP) (PA) (Q)
August 3, 2015
2
REVISION OF SECTION 109
ASPHALT CEMENT COST ADJUSTMENT
(ASPHALT CEMENT INCLUDED IN THE WORK)
Where:
BP = Average Asphalt Cement price index for the calendar month prior to the calendar
month in which bids are opened
EP = Average Asphalt Cement price index for the calendar month prior to the calendar
month in which the partial estimate pay period ends
ACCA = Asphalt Cement Cost Adjustment
PA = Percent of the paving mixture that is asphalt cement. Asphalt Cement content will be
determined by the weighted average of all asphalt cement content percentages
obtained from the field acceptance tests for that item (Use decimal in formula, e.g.:
0.05.). If Reclaimed Asphalt Pavement (RAP), Reclaimed Asphalt Shingles (RAS), or
both is used, the percent of Virgin Asphalt Cement added to the mix will be determined
by subtracting the percent of asphalt cement in the RAP, RAS, or both from the percent
of asphalt cement in the mix as calculated from Revision of Section 401, Reclaimed
Asphalt Pavement and Revision of Section 401 Reclaimed Asphalt Shingles.
Q = Increased pay quantity for all 403 items shown above on the monthly partial pay
estimate in Tons.
Example: Bids are opened on July 16. The BP will be the average of the daily postings for June
1 through June 30. For an estimate cut-off date selected by the Contractor at the Pre -
Construction Conference of the 20'" of the month a February estimate will include HMA
quantities measured from the 21' of January through the 20'" of February, and the EP
index used to calculate ACCA will be the average of the daily pricesfor January 1
through January 31 as established by CDOT)
E. Cost adjustment will not be made for the quantity of any item that is left in place at no pay or for
material removed and replaced at the Contractor's expense.
F. Cost adjustments will not be made to items of work added to the Contract by Change Order after
the award of the Contract.
G. The asphalt cement cost adjustment will be the sum of the individual adjustments for each of the
pay items shown above. No adjustment will be made for asphalt cement costs on items other than
those shown above.
H. Asphalt cement cost adjustments resulting in an increased payment to the Contractor will be paid
for under the planned force account item: Asphalt Cement Cost Adjustment. Asphalt cement cost
adjustments resulting in a decreased payment to the Contractor will be deducted from monies owed
the Contractor.
May 5, 2011
REVISION OF SECTION 109
COMPENSATION FOR COMPENSABLE DELAYS
In subsection 109.10, delete the first two paragraphs and replace with the following:
109.10 Compensation for Compensable Delays. If the Engineer determines that a delay is compensable in
accordance with either subsection 105.22, 105.23, 105.24, or 108.08, monetary compensation will be determined
in accordance with this subsection.
(a) These categories represent the only costs that are recoverable by the Contractor. All other costs or
categories of costs are not recoverable:
(1) Actual wages and benefits, including FICA, paid for additional labor not otherwise included in (5) below;
(2) Costs for additional bond, insurance and tax;
(3) Increased costs for materials;
(4) Equipment costs calculated in accordance with subsection 109.04(c) for Contractor owned equipment
and based on invoice costs for rented equipment;
(5) Costs of extended job site overhead;
(6) Costs of salaried employees not otherwise included in (1) or (5) above incurred as a direct result of the
delay;
(7) Claims from subcontractors and suppliers at any level (the same level of detail as specified herein is
required for all such claims);
(8) An additional 16 percent will be added to the total of items (1) through (7) as compensation for items for
which no specific allowance is provided, including profit and home office overhead.
February 3, 2011
1
REVISION OF SECTION 109
FUEL COST ADJUSTMENT
Section 109 of the Standard Specifications is hereby revised for this project as follows:
Subsection 109.06 shall include the following:
(h) Fuel Cost Adjustments. Contract cost adjustments will be made to reflect increases or decreases in the
monthly average prices of gasoline, diesel and other fuels from the average price for the month preceding the
month in which bids were received for the Contract. These cost adjustments are not changes to the Contract
unit prices bid. When bidding, the Contractor shall specify on the Form 85 whether the cost adjustment will
apply to the Contract. After bids are submitted, the Contractor will not be given any other opportunity to
accept or reject this adjustment. If the Contractor fails to indicate a choice on the Form 85, the cost
adjustment will not apply to the Contract. If the fuel cost adjustment is accepted by the Contractor, the
adjustment will be made in accordance with the following criteria:
1. Cost adjustments will be based on the fuel price index established by the Department and calculated as
shown in subsection 109.06(h)2.D below. The index will be the monthly average of the rates posted by
the Oil Price Information Service (OPIS) for Denver No. 2 Diesel. The rate used will be the OPIS Average
taken from the OPIS Standard Rack table for Ultra -Low Sulfur w/Lubricity Gross Prices (ULS column),
expressed in dollars per gallon and rounded to two decimal places.
2. Cost adjustments will be made on a monthly basis subject to the following conditions:
A. Adjustment will be based on the pay quantities on the monthly partial pay estimate for each of the pay
items listed in the table below for which fuel factors have been established. Adjustment will be made
only when the pay item is measured by the pay unit specified in the table:
Item
Pay Unit
Fuel Factor (FF)
202 -Removal of Asphalt Mat (Planing)
203 -Excavation (muck, unclassified) Embankment,
Borrow
203 -Rock Excavation
206 -Structure Excavation and Backfill [applies only
to quantities paid for by separate bid item; no
adjustment will be made for pay items that include
structure excavation & backfill, such as RCP(CIP)]
304 -Aggregate Base Course (Class)
Square Yard
Cubic Yard
Cubic Yard
Cubic Yard
Cubic Yard
Ton
Square Yard
Square Yard
Ton
Ton
Square Yard
Square Yard
Square Yard
Square Yard
Square Yard
0.006 Gal/SY/Inch depth
0.29 Gal/CY
0.39 Gal/CY
0.29 Gal/CY
0.85 Gal/CY
0.47 Gal./Ton
0.12 Gal/SY
0.06 Gal/SY
2.47 Gal/Ton
2.47 Gal/Ton
0.44 Gal/SY
0.44 Gal/SY
0.44 Gal/SY
0.01 Gal/SY/Inch depth
0.03 Gal/SY/Inch thickness
304 -Aggregate Base Course (Class)
307 -Processing Lime Treated Subgrade
310 -Full Depth Reclamation
403 -Hot Mix Asphalt (HMA) (Grading _) *
403 -Stone Matrix Asphalt (Grading _)
405 -Heating and Scarifying Treatment
405 -Heating and Repaving Treatment
405 -Heating and Remixing Treatment
406 -Cold Bituminous Pavement (Recycle)
412- Concrete Pavement ( Inch)
412 -Place Concrete Pavement**
Square Yard
0.03 Gal/SY/Inch thickness
*Hot Mix Asphalt (Patching) is not subject to fuel cost adjustment.
**Use the thickness shown on the plans.
February 3, 2011
2
REVISION OF SECTION 109
FUEL COST ADJUSTMENT
B. A fuel cost adjustment will be made only when the current fuel price index varies by more than 5
percent from the price index at the time of bid, and only for that portion of the variance in excess of 5
percent. Fuel cost adjustments may be either positive or negative dollar amounts.
C. Fuel cost adjustments will not be made for any partial estimate falling wholly after the expiration of
contract time.
D. Adjustment formula:
EP greater than BP:
FA = (EP — 1.05 BP)(Q)(FF)
EP less than BP:
FA = (EP — 0.95 BP)(Q)(FF)
Where:
BP = Average fuel price index for the calendar month prior to the calendar month in which bids
are opened
EP = Average fuel price index for the calendar month prior to the calendar month in which the
partial estimate pay period ends
FA = Adjustment for fuel costs in dollars
FF = Fuel usage factor for the pay item
Q = Pay quantity for the pay item on the monthly partial pay estimate
Note: When the pay item is based on area, and the rate of fuel use varies with thickness, Q
should be determined by multiplying the area by the thickness. For example: for 1000
square yards of 8 -inch concrete pavement Q should be 8000.
Example: Bids are opened on July 16. The BP will be the average of the daily postings for June 1
through June 30. For an estimate cut-off date selected by the Contractor at the Pre -
Construction Conference of the 20th of the month a February estimate will include HMA
quantities (O) measured from the 21St of January through the 20th of February, the FF will
be 2.47 Gal/Ton, and the EP index used to calculate FA will be the average of the daily
postings for January 1 through January 31 as established by CDOT.
E. Fuel cost adjustment will not be made for the quantity of any item that is left in place at no pay.
F. Fuel cost adjustments will not be made to items of work added to the Contract by Change Order after
the award of the Contract.
The fuel cost adjustment will be the sum of the individual adjustments for each of the pay items shown. No
adjustment will be made for fuel costs on items other than those shown. The factors shown are aggregate
adjustments for all types of fuels used, including but not limited to gasoline, diesel, propane, and burner fuel.
No additional adjustments will be made for any other type of fuel.
Fuel cost adjustments resulting in an increased payment to the Contractor will be paid for under the planned
force account item: Fuel Cost Adjustment. Fuel cost adjustments resulting in a decreased payment to the
Contractor will be deducted from monies owed the Contractor.
February 3, 2011
1
REVISION OF SECTION 109
MEASUREMENT OF QUANTITIES
Section 109 of the Standard Specifications is hereby revised for this project as follows:
In subsection 109.01, delete the 17'" paragraph and replace it with the following:
Vehicles used to haul material being paid for by weight shall bear a plainly legible identification mark. Each of
these vehicles shall be weighed empty daily at times directed by the Engineer. The Contractor shall furnish to the
Engineer, in writing, a vehicle identification sheet that lists the following for each delivery vehicle to be used on the
project:
(1) identification mark
(2) vehicle length
(3) tare weight
(4) number of axles
(5) the distance between extreme axles
(6) information related to legal weight, including the Permit No. and permitted weight of each vehicle for which the
State has issued an overweight permit.
This information shall be furnished prior to time of delivery of the material and at any subsequent time the
Contractor changes vehicles, combination vehicles, axle length relationships, or overweight permitting of vehicles.
January 6, 2012
REVISION OF SECTION 109
MEASUREMENT OF WATER
Section 109 of the Standard Specifications is hereby revised for this project as follows:
In subsection 109.01, delete the twenty-sixth paragraph and replace with the following:
Water may be measured either by volume or weight. Water meters shall be accurate within a range of ± 3
percent. When water is metered, the Contractor shall use an approved metering device and shall furnish the
Engineer a certificate showing the meter has been accurately calibrated within the time allowed in the following
schedule:
2 inch
4 inch to 6 inch
8 inch to 10 inch
4 years
2 years
1 year
January 31, 2013
REVISION OF SECTION 109
PROMPT PAYMENT
Section 109 of the Standard Specifications is hereby revised to include the following:
Subsection 109.06 (e) shall include the following:
The Contractor shall submit the Form 1418, Monthly Payment Report, along with the project schedule updates, in
accordance with subsections 108.03 (b) or 108.03 (c) (3). Failure to submit a complete and accurate Form 1418
shall be grounds for CDOT to withhold subsequent payments or retainage to the Contractor.
October 29, 2015
REVISION OF SECTION 109
SCALES
Section 109 of the Standard Specifications is hereby revised for this project as follows:
In subsection 109.01, delete the 11'" paragraph and replace with the following:
Materials measured or proportioned by weight shall be weighed on accurate scales. Scales shall be accurate
within the allowable tolerances as prescribed by State law. The scales shall be tested for accuracy by the
Colorado Department of Agriculture or an approved Colorado Department of Agriculture vendor
(https://www.colorado.govlpacificlaginspectionlscale-companies) as least once each year, each time the scales
are relocated, and as often as the Engineer may deem necessary. Scales shall be furnished by the Contractor or
the Contractor may utilize commercial scales.
May 12, 2016
1
REVISION OF SECTIONS 202, 627 AND 708
PAVEMENT MARKING PAINT
Sections 202, 627 and 708 of the Standard Specifications are hereby revised for this project as follows:
In subsection 202.05, delete the third paragraph and replace with the following:
(a) Removal of temporary pavement marking on final alignment. Temporary pavement marking paint on
the approved final alignment shall be removed completely from the roadway surface at locations of
permanent pavement markings as shown on the plans. The ground location shall be clean, dry and
free of laitance, oil, dirt, grease, paint or other foreign contaminants prior to application of final
pavement marking. The Contractor shall not remove more pavement marking paint than what can be
replaced with permanent pavement marking during the same working day or working period. If an
event occurs that precludes the contractor from completing the work during the placement of
permanent marking, the Contractor shall halt the removal operation and raised flexible pavement
markers shall be placed at locations that have been removed but not marked while the pavement is
drying prior to the marking application. Marking application shall resume when pavement is dry and
has had no moisture for a minimum of 24 hours. Raised flexible pavement markers shall be installed
with one marker at 40 -foot centers.
(b) Removal of temporary pavement marking on transitions. Removal of pavement marking paint on
temporary transitional alignments shall be performed by grinding or water -blasting. The removal shall
result in 100 percent removal of the paint and a wide swath of ground pavement surrounding the
former location of the temporary paint. The width of the swath shall be as follows; the center of the
swath shall be the location of the paint line:
Width of Pavement Marking to be removed
< 8 inches
> 8 inches
Width of Swath
12 inches
15 inches
Subsection 202.11 shall include the following:
Removal of temporary pavement marking on transitions will be measured as the actual square feet of the
swath constructed for the required width. Removal of pavement marking for the permanent alignment will
be measured as the actual number of square feet removed.
Subsection 202.12 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Removal of Pavement Marking Square Foot
Removal of Pavement Marking (12 Inch) Square Foot
Removal of Pavement Marking (15 Inch) Square Foot
Raised pavement markings shall be at the Contractor's expense.
In subsection 627.04, delete the first paragraph and replace with the following:
627.04 Pavement Marking with Low Temperature Acrylic Paint and High Build Acrylic Paint.
Striping shall be applied when the air and pavement temperatures are no less than 45 °F for waterborne
and high -build paint, and 35°F for low temperature waterborne paint on asphalt or portland cement
concrete pavements. The pavement surface shall be dry and clean, and free of all latent materials, in
May 12, 2016
2
REVISION OF SECTIONS 202, 627 AND 708
PAVEMENT MARKING PAINT
accordance with manufacturer recommendations. Weather conditions shall be conducive to satisfactory
results.
Glass beads shall be applied into the paint by means of a low pressure, gravity drop bead applicator.
In subsection 627.04 delete the table and replace it with the following:
Description
Pavement Marking Paint
Low Temp l High Build
Alignment
Lateral Deviation
2.0 inch per 200 foot Max
Coverage Rate
Sq. Ft. per Gallon
89-93
67-70
Thickness
Mil
17-18
23-24
Width
Inches
Per Plans +/- 0.25
Per Plans +/- 0.25
Dry Time
Minutes
5-10
7-12
Beads
Application Rate,
Ibs.lgal
7-8
9-10
Subsection 627.13 shall include the following:
Pay Item
Pay Unit
Pavement Marking Paint (High Build) Gallon
Pavement Marking Paint (Low Temperature) Gallon
Delete subsection 708.05 and replace with the following:
708.05 Pavement Marking Materials. All pavement marking materials shall be selected from the
Department's Approved Products List (APL). Prior to start of work, a Certificate of Compliance (COC) for
all pavement marking materials shall be submitted in accordance with subsection 106.13.
(a) Color. The pavement marking paint, without drop -on beads, shall correspond following requirements:
White — Federal Standard No. 595B-17925. The Yellowness Index (YI) of white shall not exceed 8.0
per ASTM E-313-10 initially. The color after drying shall be a flat -white, free from tint, and
shall provide the maximum amount of opacity and visibility under both daylight and artificial
light.
Yellow — Materials for pavement markings shall meet the initial daytime chromaticity that fall within the
box created by the following corner points:
Initial Daytime Chromaticity Coordinates (Corner Points)
1
2
3
4
x
0.530
0.510
0.455
0.472
y
0.456
0.485
0.444
0.400
(b) Low Temperature Acrylic Waterborne Paint. Low Temperature Acrylic Waterborne Paint binder
(nonvolatile portion of vehicle) shall be 100 percent XSR acrylic polymer, by weight, as determined by
infrared analysis or other chemical analysis available to the Department.
May 12, 2016
3
REVISION OF SECTIONS 202, 627 AND 708
PAVEMENT MARKING PAINT
(c) High Build Acrylic Waterborne Paint. High build acrylic waterborne paint binder (nonvolatile portion
of vehicle) shall be 100 percent HD 21 acrylic cross linking polymer, by weight, as determined by
infrared analysis or other chemical analysis available to the Department.
Low Temperature Acrylic Waterborne Paint, and High Build Acrylic Waterborne paint shall meet the
following requirements:
Performance Requirements: The paint shall be water resistant and shall show no softening or blistering.
Table 708-1
LOW TEMPERATURE WATERBORNE AND HIGH BUILD ACRYLIC WATERBORNE PAINT
Property
White
Yellow
Test Method
Nonvolatile portion of vehicle (white and yellow), `)/0
43.0 (min)
43.0 (min)
ASTM D 2205
Pigment Composition
Percent by weight•
60.0
60.0
ASTM D 4451
ASTM D 3723
Paint
Titanium Dioxide Content, lb./gal
1.0 (min)
ASTM D 5381
Properties of the Finished Paint
Total Non-volatiles, (solids) % by weight
77.0 (min)
77.0 (min)
FTMS 141C - Method 4053.1,
ASTM D 2369, or ASTM D 4758
Density, lbs./gal
14.0-14.6
13.7-14.3
ASTM D 2205
Consistency (Viscosity) White and Yellow, Krebs -
Stormer Units
85 -95
85-95
ASTM D 562
Freeze Thaw Stability
Shall complete 5 or more
test cycles successfully
ASTM D 2243
Fineness of Grind, Cleanliness Rating B, minimum
3
3
ASTM D 1210
Scrub Resistance
800
800
ASTM D2486
Directional Reflectance: [15 mil Wet Film]
88 (min)
50 (min)
ASTM E 1347
Dry Opacity (Contrast Ratio): [5 mil Wet Film]
0.95 (min)
0.95 (min)
ASTM D 2805
♦Percent by weight shall include percent of organic yellow pigment.
November 10, 2016
1
REVISION OF SECTION 203
EXCAVATION AND EMBANKMENT
Section 203 of the Standard Specifications is hereby deleted for this project and replaced with the following:
DESCRIPTION
203.01 General. This work consists of excavation, hauling, disposal, placement, and compaction of all material
encountered within the limits of the work, including construction of dikes and the excavation for ditches and
channels, necessary for the construction of the roadway in accordance with the Contract.
MATERIALS
203.02 Definitions. All excavation will be defined as, "unclassified excavation", "stripping", "removal of unsuitable
material", "rock excavation", "borrow", or "potholing" as described below:
(a) Unclassified Excavation. Unclassified Excavation shall consist of the excavation of all materials of whatever
character required for the work, obtained within the right of way, including surface boulders and excavation
for ditches and channels that is not removed under some other item.
(b) Stripping. Stripping shall consist of removing overburden or other specified material from borrow pits, and
the replacement of overburden or other specified material over the disturbed area of the site or pit after the
underlying material has been removed.
(c) Removal of Unsuitable Material. Removal of Unsuitable Material shall consist of the removal of soils or
mixtures of soil and organic matter identified in the Contract or as directed by the Engineer that would be
detrimental to the roadway or embankment if left in place in its existing condition.
(d) Rock Excavation. Rock Excavation shall consist of igneous, metamorphic, and sedimentary rock which
cannot be excavated without blasting or with the use of rippers, including all boulders or other detached
stones having a volume of 1/2 cubic yard or more. Unless specified in the Contract, Rock Excavation is
material that meets one of the following field test criteria to be conducted by the Contractor:
1.
Ripping Test: Material that cannot be broken down by one pass with a single tooth ripper
mounted on a crawler type tractor in low gear with a minimum net flywheel power rating of 235
horsepower; or material that cannot be broken down with a 48000 pound tracked excavator
utilizing a bucket with rock teeth.
2. Seismic Test: Material that has a seismic velocity of 6,000 feet per second or greater. The
Contractor shall submit the qualifications of the individual performing or interpreting the seismic
testing to the Engineer a minimum of 14 days prior to testing. The ripping test will be used to
resolve differences if seismic velocities fall below 6,000 feet per second.
3. Handling Test: Any boulder or detached stone having a volume of '/2 -cubic yard or more that
cannot be readily broken down with the excavation equipment described above in 1.
(e) Borrow. Borrow shall consist of approved material obtained from outside the right of way, required for the
construction of the project.
(f)
Potholing. Potholing consists of exposing and verifying the location of existing utilities at locations as
directed.
November 10, 2016
2
REVISION OF SECTION 203
EXCAVATION AND EMBANKMENT
203.03 Embankment Materials. Embankment Material shall consist of approved material acquired from
excavations or borrow pits, and hauled and placed in embankments. Approval of Embankment Material shall be
contingent on the material meeting the Atterberg Limit and gradation requirements specified in the Contract.
Approval of the embankment material in the upper 2 feet of embankment below the subgrade elevation is
contingent on the material meeting one of the following as specified in the Contract:
(1) the specified resistance value when tested by the Hveem Stabilometer, or equivalent resilient modulus
(2) the specified Atterberg Limit and gradation requirements
(3) the specified resistance value when tested by the Hveem Stabilometer, or equivalent resilient modulus, and
the specified Atterberg Limit and gradation requirements
Non -durable bedrock shall be identified and classified using Colorado Procedure CP-L 3104. Any material that
classifies as Soil -like Non -durable (S -N) as defined in the procedure shall be pulverized, broken down and
processed to 6 -inch maximum particle sizes before incorporation into embankment fill. These materials shall be
placed and compacted as "Soil Embankment" in accordance with subsection 203.07 (a). Non -durable bedrock
particles in excess of 6 inches shall not be placed into embankment fill.
If recycled concrete or asphalt are to be incorporated into embankment fill; the maximum dimension permitted for
concrete is 24 inches and the maximum dimension permitted for asphalt is 12 inches.
Embankment Material imported onto the project will be tested for water soluble sulfates using CP-L 2103 Method
B. The average of three consecutive tests shall show that the sulfate content is not greater than that
corresponding to the sulfate exposure level specified in the Contract. No single test shall have a sulfate content
more than 20 percent greater than that corresponding to the sulfate exposure level specified in the Contract. A
single failing test shall have the remaining sample split into four equal portions. CDOT Region Lab shall receive
one portion, the Contractor shall receive one portion and the remaining two portions shall go to the CDOT Central
lab. The CDOT Region Lab, CDOT Central Lab and the Contractor's Lab shall retest the sample. If the results
from the three Labs are within 10 percent of each other, the results will be averaged. The averaged result will be
used for determining Contract compliance. If the results from the Labs are not within 10 percent of each other,
the remaining split sample will be sent to an independent laboratory for testing using CP-L 2103. The
independent laboratory will be mutually agreed upon by the Department and the Contractor. The Independent
Lab's test result will be used for determining Contract compliance.
If the water soluble sulfate content is less than that corresponding to the sulfate exposure level specified in the
Contract, CDOT will bear all costs associated with the independent lab test. If the soluble sulfate content is
greater than that corresponding to the sulfate exposure level specified in the Contract, all costs associated with
independent lab testing shall be at the Contractor's expense. Embankment represented by failing tests shall be
removed from the project and replaced at the Contractor's expense.
Imported Material used for backfilling pipes (storm sewer, cross culverts, side drains, etc) shall be tested for
compatibility with the selected pipe material. When Non -reinforced Concrete Pipe or Reinforced Concrete Pipe is
used, the imported material shall be tested for sulfate and pH. When Corrugated Steel Pipe, Bituminous Coated
Corrugated Steel Pipe or Pre -coated Corrugated Steel Pipe is used, the imported material shall be tested for
sulfates, chlorides, pH and resistivity. When Aramid Fiber Bonded Corrugated Steel Pipe or Corrugated
Aluminum Pipe is used, the imported material shall be tested for pH and resistivity. When Plastic pipe is selected,
the imported material does not need to be tested for sulfates, chlorides, pH or resistivity.
Sulfates, chlorides, pH and resistivity shall be determined by the following procedures:
(1) Water soluble sulfates using CP-L 2103 Method B
(2) Chlorides using CPL 2104
(3) Resistivity using ASTM G57
(4) pH using ASTM G51
November 10, 2016
3
REVISION OF SECTION 203
EXCAVATION AND EMBANKMENT
The average of three consecutive tests shall show the imported material's sulfate, chloride, pH and resistivity is
not greater than the limits corresponding to the Pipe Class in Table 203-1 or 203-2 for the pipe class specified in
the Contract. No single test shall have a result more than 20 percent greater than that corresponding to the limit
in Table 203-1 or Table 203-2 for sulfates, chlorides and resistivity. No single test shall have a result more than 5
percent outside the limit in Table 203-1 for pH. The remaining sample material from a single failing test shall be
split into three equal portions. CDOT shall receive one portion, the Contractor shall receive one portion and the
remaining portion shall be retained by the Project. CDOT and the Contractor's Lab shall retest the failed sample;
if the results from those tests are within 10 percent of each other, the results will be averaged. The averaged
result will be used for Contract compliance. If the results from the Labs are not within 10 percent of each other,
the remaining sample portion will be sent to an independent laboratory for testing using the testing requirements
specified above. The independent laboratory will be mutually agreed upon by the Department and the Contractor.
The Independent Lab's test result will be used for Contract compliance.
If the imported material's sulfates, chlorides, and resistivity are less than the limits and the pH is within the limits in
Table 203-1 or 203-2, CDOT will bear all costs associated with the independent lab test. If the imported
material's sulfates, chlorides, and resistivity is greater than the limits and the pH is outside the limits in Table 203-
1 or 203-2, all costs associated with independent lab testing shall be at the Contractor's expense.
Embankment represented by failing tests shall be removed from the project and replaced at the Contractor's
expense.
Table 203-1
SULFATE, CHLORIDE AND PH OF IMPORTED MATERIAL
SOIL
Pipe Class
Sulfate
Chloride
(SO4)
(CI)
pH
% max
% max
0 , 7
0.05
0.05
6.0-8.5
1, 7
0.10
0.10
6.0-8.5
2, 8
0.20
0.20
6.0-8.5
3, 9
0.50
0.50
6.0-8.5
4, 9
1.00
1.00
5.0-9.0
5, 10
2.00
2.00
5.0-9.0
6, 10
>2.00
>2.00
<5 or >9
Table 203-2
RESISTIVITY AND PH OF IMPORTED MATERIAL
SOIL SIDE
Resistivity, R (Ohm — cm)
pH
?1,500
5.0-9.0
?250
3.0-12.0
November 10, 2016
4
REVISION OF SECTION 203
EXCAVATION AND EMBANKMENT
Embankment Material shall be classified into one of the material groups listed below, and placed and compacted
in accordance with the appropriate methods specified in subsection 203.07. If any material does not meet the
criteria for one of the following classifications, it shall be processed on site to meet the requirements for one of the
material groups listed below, or disposed of at the Contractor's expense.
(a) Soil Embankment. Soil Embankment shall have all particle sizes less than 6 inches. The material shall be
classified in accordance with AASHTO M 145 and placed and compacted in accordance with subsection
203.07 (a).
(b) Rock Embankment. Rock Embankment shall meet all of the following requirements:
(1) Contains 50 percent or more retained on the 4.75 mm (No. 4) sieve.
(2) Contains > 30 percent retained on the 19.0 mm (3A -inch) sieve.
(3) Classifies as an AASHTO A-1 soil type.
(4) All particle sizes shall be less than 6 inches.
(5) Particles retained on the 4.75mm (No. 4) sieve shall not be composed of non -durable bedrock types.
Rock Embankment can be placed without moisture density control as described in subsection 203.07 (b).
(c) Rock Fill. Rock Fill shall meet all of the following requirements:
(1) A minimum of 50 percent of the material shall be retained on a 100 mm (4 -inch) sieve.
(2) Maximum dimension of any particle permitted is 36 inches.
(3) Shall be well -graded by visual inspection.
(4) Shall contain less than 20 percent by volume of material passing the 75 µm (No. 200) sieve based on
visual inspection. This requirement shall be at the discretion of the Engineer.
(5) Particles retained on the 4.75 mm (No. 4) sieve shall not be composed of non -durable bedrock types.
Rock Fill can be placed without moisture density control as described in subsection 203.07 (c).
CONSTRUCTION REQUIREMENTS
203.04 General. The excavations and embankments shall be finished to smooth and uniform surfaces conforming
to the typical sections specified. Variation from the subgrade plan elevations specified shall not be more than
0.08 foot. Where asphalt or concrete surfacing materials are to be placed directly on the subgrade, the subgrade
plane shall not vary more than 0.04 foot. Materials shall not be wasted without written permission of the
Engineer. Excavation operations shall be conducted so material outside of the slope limits will not be disturbed.
Prior to beginning grading operations, all necessary clearing and grubbing in that area shall have been performed
in accordance with Section 201.
The Contractor shall notify the Engineer not less than five working days prior to beginning excavation so the
necessary cross sections may be taken. The Contractor shall not excavate beyond the dimensions and
elevations established.
Archaeological and paleontological materials encountered during the work shall be dealt with in accordance with
subsection 107.23.
All excavation activities in areas where asbestos is encountered or expected to be encountered shall conform to
the Colorado Department of Public Health and Environment's Asbestos -Contaminated Soil Guidance Document
or the State of Colorado's Asbestos Contaminated Soil Statewide Management Plan (ACS), whichever is more
recent at the time of advertisement and in accordance with subsection 250.07(d) and the Air Quality Control
Commission Regulation No. 8 Part B or Section 5.5 of the solid Waste Regulation 6 CCR 1007-2, as applicable.
November 10, 2016
5
REVISION OF SECTION 203
EXCAVATION AND EMBANKMENT
203.05 Excavation. Excavation shall be one or more of the following:
(a) Rock. Unless otherwise specified, rock shall be excavated to a minimum depth of 0.5 foot and a maximum
depth of 1 foot below subgrade, within the limits of the roadbed. Rock removed in excess of 1 foot below
subgrade will not be paid for. Backfilling of the depth in excess of 1 foot below subgrade shall be at the
Contractor's expense. Approved embankment material shall be used to bring the rock -excavated areas to
subgrade elevations within the tolerances specified in subsection 203.04.
Undrained pockets shall not be left in the rock surface and depressions shall be drained at the Contractor's
expense.
Any change to cut slopes by the Department will be made prior to the next drilling operations.
When required for rock excavation, controlled blasting shall be conducted in accordance with the Contract.
(b) Unclassified. Excess or unsuitable excavated material, including rock and boulders, that cannot be used in
embankments may be placed on the side slopes of the nearest fill as approved.
Unless otherwise specified by the Engineer, intercepting ditches shall be made above the top of cut slopes
and carried to outlets near the ends of the cuts. In order to blend the intersection of cut slopes with the
slope of the adjacent natural ground surfaces in a uniform manner, the tops of all cut slopes, except those
in solid rock, shall be flattened and rounded in accordance with typical sections and details specified. Earth
overburden lying above solid rock cuts shall be treated in the same manner as earth cuts.
The Department reserves the right to change cut slopes during the progress of excavation.
(c) Unsuitable Material. Unsuitable materials encountered in the subgrade that are determined to be
detrimental to the roadway or embankment shall be removed to the depth and extents as directed by the
Engineer. The excavated area shall be backfilled to the finished graded section with approved material.
Materials that contain organics or that cannot be dried or moisture conditioned, then compacted to the
required density will be disposed of and cannot be reused as embankment fill. Materials not containing
organics and that can be dried or moisture conditioned and compacted to the required density can be
reused as embankment fill as approved by the Engineer.
(d) Borrow. If the Contractor places more borrow than is specified or approved and causes a waste of roadway
excavation, the quantity of waste will be deducted from the borrow volume. All borrow areas shall be
bladed and shaped to permit accurate measurements after excavation is completed. The finished borrow
areas shall be graded to a smooth and uniform surface and shall be finished so water will not collect or
stand therein, unless otherwise specified.
(e) Stripping. Overburden shall be removed to the depth required for the production of acceptable material,
and at least 5 feet beyond the working limits of the area being excavated.
(f) Potholing. All necessary potholing as determined by the Contractor and agreed to by the Engineer shall be
completed under this item with appropriate equipment as approved.
The Contractor shall acquire necessary permits, locate utilities, excavate all materials of whatever character
required to expose the utilities, survey the location of the utilities, and backfill the excavation to existing
grade lines with the excavated or other approved materials. Backfilling shall be accomplished in
accordance with subsection 206.03.
The Contractor shall use extreme caution during this work. All damage to existing utility lines or adjacent
facilities shall be repaired promptly at the Contractor's expense.
November 10, 2016
6
REVISION OF SECTION 203
EXCAVATION AND EMBANKMENT
203.06 General Embankment Construction Requirements. When Contractor Process Control is required, the
Contractor's Process Control Representative shall be certified for WAQTC Embankment and Base Testing and
CDOT's Excavation, Embankment, and Soil Inspection certification course.
Embankment construction shall include preparation of the areas upon which embankments are to be placed,
construction of dikes, placing and compacting of approved material within roadway areas including holes, pits,
and other depressions within the roadway area. Only approved materials shall be used in the construction of
embankments and fills.
All sod, vegetable and other organic matter, stumps, and roots shall be removed from the surface upon which the
embankment is to be placed in accordance with Section 201. Unless a thickness is otherwise specified in the
Contract, the upper 4 inches of the ground surface will be considered top soil and shall be removed in accordance
with Section 207 prior to placement of Embankment Fill.
The cleared surface shall be completely broken up by plowing or scarifying to a minimum depth of 6 inches or as
specified in the Contract, the moisture content increased or reduced as necessary, and compacted to the
specified embankment density for the material type present.
When embankment is placed on a slope that is steeper than 4H:1V, as measured in the steepest direction, the
existing slope shall be benched as the embankment is placed in layers. A 2 -foot deep key shall be excavated at
the base of the existing slope and backfilled with approved and compacted material. The embankment shall be
placed in layers from that key. Each horizontal cut shall begin at the intersection of the original ground and the
vertical sides of the previous bench. Excavated material from benching may be placed and compacted with the
embankment material at the Contractor's expense.
During the course of construction, embankment side slopes shall be built a minimum of 12 inches beyond the final
grade indicated in the Contract to allow for compaction equipment to compact the outer edges of the
embankment. Once the specified level of compaction is achieved, the side slopes shall be trimmed back to final
grade. Excess material placement and removal to satisfy this requirement shall be at the Contractor's expense.
If embankment can be placed on only one side of structures such as retaining walls, abutments, wing walls, piers,
or culvert headwalls, compaction shall be accomplished without initiating movement or deformation of the
structure and without placing excessive pressure against the structure. When noted in the Contract, the fill
adjacent to the abutment of a bridge shall not be placed higher than the bottom of the backwall until the
superstructure is in place. When embankment is placed on both sides of a concrete wall or box type structure,
the embankment shall be brought up equally on both sides of the structure.
Where embankment is to be placed and compacted and end dumping is permitted, the slopes of the original
ground or embankment shall be deeply plowed or scarified before starting end dumping.
Embankment fill other than A-1 soil types shall not be placed within standing water, unless otherwise noted in the
Contract. During the construction of the embankment, the top surface shall be maintained so that it is well
drained at all times.
Frozen materials shall not be used in construction of embankments. Frozen material will be identified by the
visual observation of ice crystals within the foundation or embankment material, or by measuring the surface
temperature of the ground surface.
203.07 Embankment Placement and Compaction Requirements. Materials incorporated into embankment fill
shall be placed and compacted according to the following requirements:
(a) Soil Embankment. All Soil Embankment shall be placed in horizontal layers not to exceed 8 inches in
loose lift thickness. Each layer shall be compacted prior to the placement of subsequent layers.
Spreading equipment shall be used to obtain uniform thickness prior to compaction. As the compaction
progresses, continuous mixing, leveling, and manipulating shall be done to assure uniform moisture and
density. Additional work involved in drying Soil Embankment to the required moisture content shall be
included in the contract price paid for excavating or furnishing the material with no additional
November 10, 2016
7
REVISION OF SECTION 203
EXCAVATION AND EMBANKMENT
compensation.
Soil Embankment that classifies as A-1 material can be used to bridge across standing water or swampy
ground within the embankment foundation, and can be placed in lift thicknesses greater than 8 inches if
used for this purpose as approved by the Engineer.
Soil Embankment with less than or equal to 30 percent retained on the 19mm (3/4 -inch) sieve shall be
tested for compaction using CP 80. Materials that classify as AASHTO A-1, A-2-4, A-2-5, and A-3 soils
shall be compacted at ± 2 percent of Optimum Moisture Content (OMC) and to at least 95 percent of
maximum dry density determined in accordance with AASHTO T 180 as modified by CP 23. All other
soil types will be compacted to 95 percent of the maximum dry density determined in accordance with
AASHTO T 99 as modified by CP 23. Soils with 35 percent fines or less shall be compacted at ± 2
percent of OMC. Soils with greater than 35 percent fines shall be compacted at a moisture content equal
to or above OMC to achieve stability of the compacted lift. Stability is defined as the absence of rutting or
pumping as observed and documented by the Contractor's Process Control Representative and as
approved by the Engineer. If the soils cannot be compacted and prove to be unstable at a moisture
content equal to or above OMC, then the required moisture content for compaction can be reduced below
OMC as approved by the Engineer.
Prior to placing any Soil Embankment with greater than 30 percent retained on the 19 mm (3A -inch) sieve,
the Contractor will be required to construct a test strip to the dimensions specified in the Contract or as
directed by the Engineer. The test strip can be incorporated into the final embankment. The Contractor
will be responsible for determining the moisture conditioning necessary to achieve compaction, and will
determine the equipment and number of passes necessary to achieve adequate compaction. The
Contractor is required to use compression -type or vibratory rollers on granular materials and sheepsfoot
rollers on cohesive soils. Adequate compaction will be demonstrated by the absence of rutting, pumping,
or deflection following a proof roll of the test strip using any piece of construction equipment that exerts a
minimum 18 -kip per axle load. The proof roll will be observed and accepted by the Engineer. Once the
test strip passes a proof roll, the Contractor can resume embankment construction with the same
moisture conditioning and compaction methods as the test strip was constructed.
Placement, moisture conditioning, and compaction of every lift of soil embankment with greater than 30
percent retained on the 19 mm (%-inch) sieve will be observed by the Contractor's Process Control
Representative, and accepted by the Engineer. Adequate compaction of each lift will be demonstrated as
the absence of rutting, pumping, or deflection as construction equipment is routed over a lift following the
compactive efforts that were used and accepted for the respective test strip. The Engineer may request a
proof roll at any time to document the condition of a lift.
Significant changes in the material being hauled for soil embankment with greater than 30 percent
retained on the 19 mm (%-inch) sieve will require construction of a new test strip, and demonstration of
adequate compaction methods using a proof roll. The Contractor's Process Control representative shall
be authorized to require additional test strips at their discretion. However, the requirement for an
additional test strip shall not be waived without the written approval of the Engineer.
Non -durable bedrock shall be watered to promote slaking and break down, and pulverized/processed to a
maximum particle size of 6 inches. These materials shall be placed and compacted as Soil Embankment;
except they shall be compacted with a heavy tamping foot roller, weighing at least 30 tons. Each tamping
foot shall protrude from the drum a minimum of 4 inches. Each embankment layer shall receive a
minimum of four passes with the tamping foot roller. The roller shall be operated at a uniform speed not
exceeding 3 miles per hour. No additional compensation will be made for additional roller passes to
achieve specified density requirements.
Non -durable Bedrock shall not be used to bridge over standing water or swampy ground within an
embankment foundation. Non -durable bedrock shall also not be placed within 2 feet of the final subgrade
elevation.
November 10, 2016
8
REVISION OF SECTION 203
EXCAVATION AND EMBANKMENT
(b) Rock Embankment and Rock Fill. Rock Embankment shall be placed in horizontal layers not to exceed 8
inches in loose lift thickness. The lift thickness can be increased when bridging over standing water or
swampy ground in the embankment foundation as directed by the Engineer. Each layer shall be
compacted prior to the placement of subsequent layers. Spreading equipment shall be used to obtain
uniform thickness prior to compaction.
Rock Fill shall be placed in horizontal layers not to exceed a loose lift thickness equivalent to the average
particle size up to a maximum permitted lift thickness of 18 inches. Particles with a maximum dimension
of 36 inches are permitted; however, rocks larger than the lift thickness shall be separated enough to
allow compaction equipment to operate in between. Material shall be placed to fill in voids between larger
stones with finer particle sizes and to avoid nesting. Spreading equipment shall be used to obtain uniform
thickness prior to compaction. If the use of leveling equipment is not practical, the Engineer may permit
rock fill material to be cast or end dumped. In such cases sufficient hand or machine work will be
required to construct a compact, stable fill and to finish the slopes to a neat and smooth appearance.
Rock Fill shall not be placed within 2 feet of the final subgrade elevation. When a Rock Fill is placed over
any structure, the structure shall be covered with a minimum of 2 feet of compacted Soil or Rock
Embankment material before the Rock Fill is placed.
The Contractor will be responsible for determining the moisture conditioning necessary to achieve
compaction for Rock Embankment or Rock Fill. Vibratory or compression -type rollers will be used to
compact these materials. At a minimum, compression -type rollers weighing 20 tons shall complete 4
passes over the entire width of a lift at a speed not to exceed 3 miles per hour. Vibratory rollers shall
exert a minimum dynamic force of 30,000 pounds of impact per vibration, and achieve a minimum 1,000
vibrations per minute. Vibratory rollers shall complete a minimum of 4 passes over the entire width of a
lift at a speed not to exceed 1.5 miles per hour.
Prior to placing Rock Embankment or Rock Fill, the Contractor will be required to construct a test strip to
the dimensions specified in the Contract, or as directed by the Engineer. The test strip can be
incorporated into the final embankment. Adequate compaction of the Rock Embankment or Rock Fill test
strip will be demonstrated by the absence of rutting, pumping, or deflection following a proof roll of the
test strip using any piece of construction equipment that exerts a minimum 18 -kip per axle load. The
proof roll will be observed and accepted by the Engineer. Once the test strip passes a proof roll, the
Contractor can resume Rock Embankment or Rock Fill construction with the same moisture conditioning
and compaction methods as the test strip was constructed. Placement, moisture conditioning, and
compaction of every lift of Rock Embankment and Rock Fill will be observed by the Contractor's Process
Control Representative, and accepted by the Engineer. Adequate compaction of each lift will be
demonstrated as the absence of rutting, pumping, or deflection as construction equipment is routed over
a lift following the compactive efforts that were used and accepted for the respective test strip. The
Engineer may request a proof roll at any time to document the condition of a lift.
Significant changes in the characteristics of material being hauled for Rock Embankment or Rock Fill will
require construction of a new test strip, and demonstration of adequate compaction methods using a
proof roll. The Contractor's Process Control representative shall be authorized to require additional test
strips at their discretion. However, the requirement for an additional test strip shall not be waived without
the written approval of the Engineer.
If the Contractor wishes to deviate from the minimum equipment and compactive efforts specified above
for Rock Embankment or Rock Fill, the Contractor must first demonstrate the adequacy of their proposed
methods with a test strip and passing proof roll. In addition, a proof roll will be required for every lift
placed for the first 2,000 cubic yards of Rock Embankment or Rock Fill placed. The proof rolls used to
demonstrate adequate compaction of the first 2,000 cubic yards placed will not be measured and paid
separately, but will be performed at the Contractor's expense.
Recycled concrete and asphalt can be incorporated into embankment material, and shall be processed,
placed, and compacted in accordance with 203.07 (a) or (b); depending on the overall classification of the
embankment material once the recycled material is incorporated. Rebar shall not extend more than one
inch beyond the edges of recycled concrete particles. Recycled concrete or asphalt shall not be
November 10, 2016
9
REVISION OF SECTION 203
EXCAVATION AND EMBANKMENT
permitted in the upper 2 feet of the final subgrade elevation or within 2 feet of the final finished side
slopes unless otherwise noted in the Contract.
203.08 Proof Rolling. Proof rolling with pneumatic tire equipment shall be performed using a minimum axle load
of 18 kips per axle. A weigh ticket from an approved scale shall be furnished by the Contractor to substantiate
this weight.
The subgrade shall be proof rolled after the required compaction has been obtained and the subgrade has been
shaped to the required cross section.
The proof roller shall be operated in a systematic manner so that a record may be readily kept of the area tested
and the working time required for the testing. Areas that are observed to have soft spots in the subgrade, where
deflection is not uniform or is excessive as determined by the Engineer, shall be ripped, scarified, dried or wetted
as necessary and recompacted to the requirements for density and moisture at the Contractor's expense. After
recompaction, these areas shall be proof rolled again and all failures again corrected at the Contractor's expense.
Upon approval of the proof rolling, the sub base, base course, or initial pavement course shall be placed within 48
hours. If the Contractor fails to place the sub base, base course, or initial pavement course within 48 hours or the
condition of the subgrade changes due to weather or other conditions, proof rolling and correction shall be
performed again at the Contractor's expense.
203.09 Blading. Blading shall consist of furnishing motor graders of the specified horsepower rating, with
operators, for shaping roadway, shoulders, or other areas as designated by the Engineer.
When scarifying is specified the motor grader shall be equipped with an independently operated "V" type scarifier
and attachments.
203.10 Dozing. Dozing shall consist of furnishing crawler -type tractors of the specified horsepower rating,
complete with operators and bulldozer blades. Rippers, if specified, will not be measured and paid for separately,
but shall be included in the work.
METHOD OF MEASUREMENT
203.11 Items paid for by volume will be the quantities designated in the Contract. Exceptions will be made when
field changes are ordered or when it is determined that there are discrepancies in the Contract in an amount of at
least plus or minus two percent of the plan quantity.
(a) Excavation. The original cross -sections will be used for determination of volumes of excavated material
removed, unless changes have been directed. These measurements will include authorized excavation of
rock, shale, or other unsuitable material. All accepted stripping will be measured in stockpiled locations by
cross -sectioning.
When the excavation conforms to the staked lines and grades, the original cross -sections and the staked
sections shall be used for the determination of volumes excavated. Volumes will be computed from the
cross -sections by the average end area or other acceptable method.
When topsoil or wetland topsoil is included as an additional pay item and is specified, the measured volume
of excavation will be reduced by the volume of topsoil or wetland topsoil removed from the area shown as
excavation in the Contract.
Measurements will include over -breakage in rock excavation from the back slopes to an amount not to
exceed, in any half station of 50 feet, 10 percent of the actual quantity required for that half station.
Costs associated with ripping tests or seismic tests to evaluate if a material meets the criteria for Rock
November 10, 2016
10
REVISION OF SECTION 203
EXCAVATION AND EMBANKMENT
Excavation" shall not be measured or payed separately, but shall be incurred by the Contractor and included
in the cost for excavation.
(b) Embankment. If provided in the Contract, embankment material will be measured in its final compacted
position in the roadway. Measurement will be made upward from the original ground line without any
allowance for subsidence due to compaction of the base under the embankment. The original cross -
sections will be used for determination of volumes of embankment material placed, unless changes have
been directed.
The measured volume of embankment material will be increased by the volume of topsoil or wetland topsoil
removed from the area below the original ground line and under the embankment
(c) Rock Fill. Rock fill will be measured as the volume in cubic yards in its final position, unless otherwise
specified, and shall be limited to the elevations specified.
(d) Blading and Dozing. The quantity measured under blading and dozing will be the number of hours that
each motor grader or bulldozer is actually used as ordered. A minimum of four hours for any half shift or
part thereof will be paid for unless the equipment is inoperative due to breakdown or other causes
determined to be the Contractor's responsibility. Time involved in moving onto or off the project will not be
measured and paid for.
Time will be paid for moving motor graders or bulldozers from one location on the project to another, if
directed; but time will not be allowed for moves which are made for the convenience of the Contractor.
Payment for a minimum of four hours will not be allowed in cases where the motor grader, bulldozer, or
operator is assigned to work on other pay items connected with the project.
(e) Potholing. Potholing will be measured by the total number of hours that excavation and backfilling
equipment is actually used as directed. All other related work, including removal of existing pavement,
backfilling, shoring, and labor will not be measured and paid for separately, but shall be included in the
work.
(f)
Proof Rolling. Proof rolling will be measured by the actual number of hours that the pneumatic equipment is
used as a proof roller.
The time to be measured under this item will be the number of hours that each piece of equipment is
actually used as ordered.
Proof rolling will be measured and paid for only once for each test strip required during construction; for final
verification of subgrade prior to placement of subbase, base coarse, or pavement; or for each incident
where the Engineer directs it through the course of construction. Additional proof rolling that is required due
to failure of embankment fill; due to the Contractor's failure to place sub base, base course, or initial
pavement course within 48 hours of the initial proof roll; or due to the condition of the subgrade changing
due to weather; or additional proof rolls deemed necessary due to the Contractor's choice to deviate from
minimum equipment and compaction efforts specified herein, shall be at the Contractor's expense.
November 10, 2016
11
REVISION OF SECTION 203
EXCAVATION AND EMBANKMENT
BASIS OF PAYMENT
203.12 The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that
appear in the bid schedule.
Payment will be made under:
Pay Item
Rock Excavation
Rock Fill
Unclassified Excavation
Unclassified Excavation
(Complete in Place)
Unsuitable Materials
Borrow
Borrow (Complete in Place)
Embankment Material
(Complete in Place)
Stripping
Blading
Dozing
Potholing
Proof Rolling
Pay Unit
Cubic Yard
Cubic Yard
Cubic Yard
Cubic Yard
Cubic Yard
Cubic Yard
Cubic Yard
Cubic Yard
Cubic Yard
Hour
Hour
Hour
Hour
Water will not be measured and paid for separately but shall be included in the work.
Compaction will not be measured and paid for separately, but shall be included in the work.
Payment for replacement of Unsuitable Material shall be as follows: If excavated material can be re -used as
embankment fill by moisture conditioning and compaction, replacement shall be included in the cost for Removal
of Unsuitable Material. If the material cannot be re -used as embankment fill, payment for replacement of
Unsuitable Material shall be for the volume that is placed in the excavated area at the respective unit price for the
material that is approved by the Engineer and used.
Payment for Unclassified Excavation (Complete in Place), Embankment Material (Complete in Place), and Borrow
(Complete in Place) shall be full compensation for all work necessary to complete the item including construction
of embankments, rework of existing materials to satisfy benching requirements, unclassified excavation, borrow,
compaction, compaction of bases of cuts and fills, all work in available materials pits, and disposal of excess
excavated material.
All costs associated with reducing the size of the claystone particles, removing the oversized particles, and
disposal of the oversized particles will not be paid for separately but shall be included in the work.
Pavement replacement if required due to potholing, shall be accomplished, measured, and paid for in accordance
with appropriate sections of the specifications.
Pneumatic tire equipment and load required to achieve the desired weight of proof rolling equipment will not be
measured and paid for separately, but shall be included in the work.
February 3, 2011
1
REVISION OF SECTION 203
IMPORTED MATERIAL FOR EMBANKMENT
Section 203 of the Standard Specifications is hereby revised for this project as follows:
Subsection 203.03 (a) shall include the following:
Imported Material used for backfilling pipes (storm sewer, cross culverts, side drains, etc) shall be tested for
compatibility with the selected pipe material.
When Nonreinforced Concrete Pipe or Reinforced Concrete Pipe is used, the imported material shall be tested for
sulfate and pH
When Corrugated Steel Pipe, Bituminous Coated Corrugated Steel Pipe or Precoated Corrugated Steel Pipe is
used, the imported material shall be tested for sulfates, chlorides, pH and resistivity.
When Aramid Fiber Bonded Corrugated Steel Pipe or Corrugated Aluminum Pipe is used, the imported material
shall be tested for pH and resistivity.
When Plastic pipe is selected, the imported material does not need to be tested for sulfates, chlorides, pH and
resistivity.
Sulfates, chlorides, pH and resistivity shall be determined by the following procedures:
(1) Water soluble sulfates using CP-L 2103 Method B.
(2) Chlorides using CPL 2104
(3) Resistivity using ASTM G57
(4) pH using ASTM G51.
The average of three consecutive tests shall show the imported material's sulfate, chloride, pH and resistivity is
not greater than the limits corresponding to the Pipe Class in Table 203-1 or 203-2 for the pipe class specified on
the plans. No single test shall have a result more than 20 percent greater than that corresponding to the limit in
Table 203-1 or Table 203-2 for sulfates, chlorides and resistivity. No single test shall have a result more than 5
percent outside the limit in Table 203-1 for pH. The remaining sample material from a single failing test shall be
split into three equal portions. CDOT shall receive one portion, the Contractor shall receive one portion and the
remaining portion shall be retained by the Project. CDOT and the Contractor's Lab shall retest the failed sample;
if the results from those tests are within 10 percent of each other, the results will be averaged. The averaged
result will be used for Contract compliance. If the results from the Labs are not within 10 percent of each other,
the remaining sample portion will be sent to an independent laboratory for testing using the testing requirements
specified above. The independent laboratory will be mutually agreed upon by the Department and the Contractor.
The Independent Lab's test result will be used for Contract compliance.
If the imported material's sulfates, chlorides, and resistivity are less than the limits and the pH is within the limits in
Table 203-1 or 203-2, CDOT will bear all costs associated with the independent lab test. If the imported
material's sulfates, chlorides, and resistivity is greater than the limits and the pH is outside the limits in Table 203-
1 or 203-2„ all costs associated with independent lab testing shall be at the Contractor's expense.
Embankment represented by failing tests shall be removed from the project and replaced at the Contractor's
expense.
February 3, 2011
2
REVISION OF SECTION 203
IMPORTED MATERIAL FOR EMBANKMENT
Table 203-1
SULFATE, CHLORIDE AND PH OF IMPORTED MATERIAL
SOIL
Pipe
Class
Sulfate
Chloride
(SO4)
(CI)
pH
% max
% max
0 , 7
0.05
0.05
6.0-8.5
1, 7
0.10
0.10
6.0-8.5
2, 8
0.20
0.20
6.0-8.5
3, 9
0.50
0.50
6.0-8.5
4, 9
1.00
1.00
5.0-9.0
5, 10
2.00
2.00
5.0-9.0
6, 10
>2.00
>2.00
<5 or >9
Table 203-2
RESISTIVITY AND PH OF IMPORTED MATERIAL
SOIL SIDE
Resistivity, R (Ohm — cm)
pH
?1,500
5.0-9.0
?250
3.0-12.0
July 19, 2012
1
REVISION OF SECTIONS 203, 206, 304 AND 613
COMPACTION
Sections 203, 206, 304 and 613 of Standard Specifications are hereby revised for this project as follows:
In subsection 203.03 (a), delete the fifth paragraph and replace with the following:
1. Soil Embankment. Soil embankment consists of materials with 50 percent or more of the material passing the
4.75 mm (No. 4) sieve.
A soil embankment may also have more than 50 percent of the material retained on the 4.75 mm (No. 4)
sieve, but no more than 30 percent of the material retained on the 19 mm (3/4 inch) sieve.
Soil embankment shall be constructed with moisture density control in accordance with the requirements of
subsection 203.07.
2. Rock Embankment. Rock embankment consist of materials with 50 percent or more of the material retained on
the 4.75 mm (No. 4) sieve and with more than 30 percent of the material retained on the 19 mm (3/4 inch)
sieve. All material shall be smaller than 6 inches. Rock embankments shall be constructed without moisture
density control in accordance with the requirements of subsection 203.08.
Delete Subsection 203.07 and replace with the following:
203.07 Construction of Embankment and Treatment of Cut Areas with Moisture and Density Control. Soil
embankments shall be constructed with moisture and density control and the soil upon which the embankments
are to be constructed shall be scarified to a depth of 6 inches and compacted with moisture and density control.
The moisture content of the soil at the time of compaction shall be as specified or directed.
The material shall be removed from the full width of roadbed in all cut sections to the designated depth. The soil
below the designated depth shall be thoroughly scarified to a depth of 6 inches and the moisture content
increased or reduced, as necessary, to obtain the moisture content specified. This scarified layer shall then be
compacted to the relative compaction specified.
All embankment material shall be compacted to not less than 95 percent relative compaction. Maximum dry
density of all soil types encountered or used will be determined in accordance with AASHTO T 99 as modified by
CP 23.
Soils shall be compacted at ± 2 percent of Optimum Moisture Content (OMC) as determined by AASTHO T 99.
Soils having greater than 35 percent passing the 75 µm (No. 200) sieve shall be compacted to 0 to 3 percent
above OMC. Soils which are unstable at the above moisture content shall be compacted at lower moisture
content to the specified density.
Additional work involved in drying embankment material to the required moisture content shall be included in the
contract price paid for excavating or furnishing the material with no additional compensation.
Density requirements will not apply to materials which cannot be tested in accordance with the above procedures
for determining maximum dry density. Compaction for materials which cannot be tested shall be in accordance
with subsection 203.08.
Claystone or soil -like non -durable shale shall be pulverized and compacted to the specified moisture and percent
of relative compaction and shall be compacted with a heavy tamping foot roller, weighing at least 30 tons. Each
tamping foot roller shall protrude from the drum a minimum of 4 inches. Each embankment layer shall receive a
minimum of three or more coverages with the tamping foot roller to obtain density. One coverage consists of one
pass over the entire surface designated. One pass consists of the passing of an acceptable tamping foot roller
over a given spot. The roller shall be operated at a uniform speed not exceeding 3 miles per hour. No additional
compensation will be made for additional roller coverages to achieve specified density requirements.
July 19, 2012
2
REVISION OF SECTIONS 203, 206, 304 AND 613
COMPACTION
In subsection 206.03, delete the fourth and fifth paragraphs and replace with the following:
Backfill shall consist of approved materials uniformly distributed in layers brought up equally on all sides of the
structure. Each layer of backfill shall not exceed 6 inches before compacting to the required density and before
successive layers are placed. Structure backfill (Class 1) shall be compacted to a density of not less than 95
percent of maximum dry density determined in accordance with AASHTO T 180 as modified by CP 23. Backfill
shall be compacted at ± 2 percent of Optimum Moisture Content (OMC).
Structure backfill (Class 2) shall be compacted to a density of not less than 95 percent of maximum dry density.
The maximum dry density and OMC for A-1, A-2-4. A-2-5 and A-3 materials will be determined in accordance with
AASHTO T 180 as modified by CP 23. The maximum dry density and OMC for all other materials will be
determined in accordance with AASHTO T 99 as modified by CP 23. Materials shall be compacted at ± 2percent
of Optimum Moisture Content (OMC). Materials having greater than 35 percent passing the 75 µm (No. 200)
sieve shall be compacted at 0 to 3 percent above OMC.
In subsection 304.06, delete the first paragraph and replace with the following:
304.06 Shaping and Compaction. Compaction of each layer shall continue until a density of not less than 95
percent of the maximum density determined in accordance with AASHTO T 180 as modified by CP 23 has been
achieved. The moisture content shall be at +/-2 percent of optimum moisture content. The surface of each layer
shall be maintained during the compaction operations so that a uniform texture is produced and the aggregates
are firmly keyed. Moisture conditioning shall be performed uniformly during compaction.
In subsection 613.07, delete the 151h paragraph and replace with the following:
Trenching shall be backfilled and compacted as follows: Backfill shall be deposited in uniform layers. The
thickness of each layer shall be 6 inches or less thick prior to compaction. The space under the conduit shall be
completely filled. The remainder of the trench and excavation shall be backfilled to the finished grade. The backfill
material shall be compacted to the density of not less than 95 percent of maximum dry density. The maximum
dry density and optimum moisture content (OMC) for A-1, A-2-4. A-2-5 and A-3 materials will determined in
accordance with AASHTO T 180 as modified by CP 23. The maximum dry density and OMC for all other
materials will determined in accordance with AASHTO T 99 as modified by CP 23. Materials shall be compacted
at ± 2percent of Optimum Moisture Content (OMC). Materials having greater than 35 percent passing the 75 pm
(No. 200) sieve shall be compacted at 0 to 3 percent above OMC. Each layer shall be mechanically compacted by
tamping with power tools approved by the Engineer. Compaction methods or equipment that damage the conduit
shall not be used.
April 26, 2012
1
REVISION OF SECTION 206
STRUCTURE BACKFILL (FLOW -FILL)
Section 206 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 206.02 (a) and replace with the following:
(a) Structure Backfill. Class 1 and Class 2 structure backfill shall be composed of non -organic mineral aggregates
and soil from excavations, borrow pits, or other sources. Material shall conform to the requirements of
subsection 703.08. Class of material shall be as specified in the Contract or as designated.
Structure backfill (Flow -Fill) meeting the following requirements shall be used to backfill bridge abutments.
The Contractor may substitute structure backfill (Flow -Fill) for structure backfill (Class 1) or structure backfill
(Class 2) to backfill culverts and sewer pipes.
Flow -Fill is a self -leveling low strength concrete material composed of cement, fly ash, aggregates, water,
chemical admixtures and/or cellular foam for air -entrainment. Flow -fill shall have a slump of 7 to 10 inches,
when tested in accordance with ASTM C143 or a minimum flow consistency of 6 inches when tested in
accordance with ASTM D6103. Flow -Fill shall have a minimum compressive strength of 50 psi at 28 days,
when tested in accordance with ASTM D4832. Flash Fill shall not be used in lieu of Flow Fill.
Flow -Fill placed in areas that require future excavation, such as utility backfill shall have a Removability
Modulus (RM) of 1.5 or less.
Removability Modulus, RM, is calculated as follows:
RM= W15x104xCo5
106
where : W = unit weight (pcf)
C = 28 -day compressive strength (psi)
Materials for structure backfill (Flow -Fill) shall meet the requirements specified in the following subsections:
Fine Aggregatel'4 703.01
Coarse Aggregate2' 4 703.02
Portland Cement 701.01
Fly Ash3' 4 701.02
Water 712.01
Air Entraining Admixture 711.02
Chemical Admixtures 711.03
Fine aggregate not meeting the requirements of subsection 703.01 may be used if testing indicates
acceptable results for strength and air content.
2 Coarse aggregate not meeting the requirements of subsection 703.02 may be used if testing indicates
acceptable results for strength and air content.
3 Fly ash not meeting the requirements of subsection 701.02 may be used if testing indicates acceptable
results for strength and air content.
4 Industrial by-product aggregates (foundry sand, bottom ash, etc..) and fly ash not meeting the requirements
of subsection 701.02 shall submit a report from the supplier documenting the results of testing in accordance
with the Toxicity Characteristic Leaching Procedure (TCLP) described in 40 CFR 261. The report shall include
the results of TCLP testing for heavy metals and other contaminants. Materials shall not exceed the TCLP
limits of 40 CFR 261.24 for heavy metals
Cellular foam shall conform to ASTM C869 and ASTM C796
Recycled broken glass (glass cullet) is acceptable as part or all of the aggregate. Aggregate including glass
must conform to the required gradations. All containers used to produce the cullet shall be empty prior to
processing. Chemical, pharmaceutical, insecticide, pesticide, or other glass containers containing or having
contained toxic or hazardous substances shall not be allowed and shall be grounds for rejecting the glass
April 26, 2012
2
REVISION OF SECTION 206
STRUCTURE BACKFILL (FLOW -FILL)
cullet. The maximum debris level in the cullet shall be 10 percent. Debris is defined as any deleterious
material which impacts the performance of the structure backfill (Flow -Fill) including all non -glass
constituents.
The Contractor may use aggregate which does not meet the above specifications if the aggregate conforms
to the following gradation:
Sieve Size Percent Passing
25.0 mm (1 inch) 100
75 pm (No. 200) 0- 10'
The amount of material passing the 75 pm (No. 200) screen may exceed 10 percent if testing indicates
acceptable results for strength and air content.
The Contractor shall submit a structure backfill (Flow -Fill) mix design for approval prior to placement. The mix
design shall include the following laboratory test data:
(1) ASTM C231, Air content
(2) ASTM D6023, Unit Weight
(3) ASTM C143, Slump or ASTM D6103 flow consistency
(4) ASTM D4832 28 -day Compressive Strength
(5) Removability Modulus (RM)
In subsection 206.03, delete the thirteenth through fifteenth paragraphs and replace with the following:
Compaction of structure backfill (Flow -Fill) shall not be performed.
The maximum layer thickness for structure backfill (Flow -Fill) shall be 3 feet unless otherwise approved by the
Engineer. The Contractor shall not place structure backfill (Flow -Fill) in layers that are too thick to cause damage
to culverts, pipes and other structures, or that will cause formwork or soil failures during placement. Structure
backfill (Flow -Fill) shall have an indention diameter less than 3 inches and the indention shall be free of visible
water when tested in accordance with ASTM D6024 by the Contractor prior to placing additional layers of
structure backfill (Flow-Fill).Testing structure backfill (Flow -Fill) in accordance with ASTM D6024 will be witnessed
by the Engineer. Damage resulting from placing structure backfill (Flow -Fill) in layers that are too thick or from not
allowing sufficient time between placements of layers shall be repaired at the Contractor's expense.
The Contractor shall secure culverts, pipes and other structures to prevent floating and displacement of these
items during the placement of the structure backfill (Flow -Fill).
Prior to the placement of structure backfill (Flow -Fill), the Contractor shall sample the structure backfill (Flow -Fill)
in accordance with ASTM D5971. The Contractor shall test the structure backfill (Flow -Fill) unit weight in
accordance with ASTM D6023. The Contractor shall test the structure backfill (Flow -Fill) for slump in accordance
with ASTM C143 or flow consistency according to ASTM D6103.
The Contractor shall sample and test the first three loads of structure backfill (Flow -Fill) for each placement and
then randomly once every 50 cubic yards. Sampling and testing will be witnessed by the Engineer
When structure backfill (Flow -Fill) is placed in areas that require future excavation, the unit weight of the placed
structure backfill (Flow -Fill) shall not exceed the unit weight of the approved mix design by more than 2.0 pcf.
Structure backfill (Flow -Fill) shall not be allowed to freeze during placement and until it has set sufficiently
according to ASTM D6024. Frozen structure backfill (Flow -Fill) shall be removed and replaced at the Contractor's
expense.
When the Contractor substitutes Structure Backfill (Flow -Fill) for Structure Backfill (Class 1) or (Class 2), the
trench width may be reduced to provide a minimum 6 inch clearance between the outside diameter of the culvert
and the trench wall.
December 18, 2015
1
REVISION OF SECTIONS 206 AND 601
MATURITY METER AND CONCRETE
FORM AND FALSEWORK REMOVAL
Sections 206 and 601 of the Standard Specifications are hereby revised for this project as follows:
In subsection 206.03, delete the ninth paragraph and replace with the following:
Backfill material shall not be deposited against newly constructed masonry or concrete structures, until the
concrete has developed a compressive strength of 0.8 f 'c, except in cases where the structures support lateral
earth pressure. Concrete compressive strength for structures supporting lateral earth pressure shall conform to
subsection 601.12 (o). Concrete compressive strength shall be determined by maturity meters.
In subsection 601.09, delete (h) and replace with the following:
(h) Removal of Forms. The forms for any portion of the structure shall not be removed until the concrete is strong
enough to withstand damage when the forms are removed.
Unless specified in the plans, forms shall remain in place for members that resist dead load bending until concrete
has reached a compressive strength of at least 80 percent of the required 28 day strength, 0.80f'c. Forms for
columns shall remain in place until concrete has reached a compressive strength of at least 1,000 psi. Forms for
sides of beams, walls or other members that do not resist dead load bending shall remain in place until concrete
has reached a compressive strength of at least 500 psi.
Forms and supports for cast -in -place concrete box culverts (CBCs) shall not be removed until the concrete
compressive strength exceeds 0.6 fG' for CBCs with spans up to and including 12 feet, and 0.67 fG' for CBCs with
spans exceeding 12 feet but not larger than 20 feet. Forms for CBCs with spans larger than 20 feet shall not be
removed until after all concrete has been placed in all spans and has attained a compressive strength of at least
0.80f'c.
Concrete compressive strength shall be determined by maturity meters. At the pre -pour conference, the
Contractor shall submit the location where maturity meters will be placed.
The Contractor shall provide maturity meters and all necessary wires and connectors. The Contractor shall be
responsible for the placement and maintenance of the maturity meter and wire. . At a minimum a maturity meter
will be placed at the mid -span of beams and at support locations. Placement shall be as directed by the
Engineer.
For structures with multiple maturity meters, the lowest compressive strength shall determine when the forms can
be removed.
Acceptance cylinders shall not be used for determining compressive strength to remove forms.
When field operations are controlled by maturity meters, the removal of forms, supports and housing, and the
discontinuance of heating and curing may begin when the concrete is found to have the required compressive
strength.
Forms for median barrier, railing or curbs, may be removed at the convenience of the Contractor after the
concrete has hardened.
All forms shall be removed except permanent steel bridge deck forms and forms used to support hollow
abutments or hollow piers when no permanent access is available into the cells. When permanent access is
provided into box girders, all interior forms and loose material shall be removed, and the inside of box girders
shall be cleaned.
December 18, 2015
2
REVISION OF SECTIONS 206 AND 601
MATURITY METER AND CONCRETE
FORM AND FALSEWORK REMOVAL
In subsection 601.11, delete (e) and replace with the following:
(e)
Falsework Removal. Unless specified in the plans or specifications, falsework shall remain in place until
concrete has attained a minimum compressive strength of 0.80f'c.
Falsework supporting any span of a simple span bridge shall not be released until after all concrete, excluding
concrete above the bridge deck, has attained a compressive strength of at least 0.80fc.
Falsework supporting any span of a continuous or rigid frame bridge shall not be released until after all
concrete, excluding concrete above the bridge deck, has been placed in all spans and has attained the
compressive strength of at least 0.80fc.
Falsework for arch bridges shall be removed uniformly and gradually, beginning at the crown, to permit the
arch to take its load slowly and evenly.
Falsework supporting overhangs and deck slabs between girders shall not be released until the deck concrete
has attained a compressive strength of at least 0.80fc.
Falsework for pier caps which will support steel or precast concrete girders shall not be released until the
concrete has attained a compressive strength of at least 0.80fc. Girders shall not be erected onto such pier
caps until the concrete in the cap has attained the compressive strength of at least 0.80f'c.
Falsework for cast -in -place prestressed portions of structures shall not be released until after the pre-
stressing steel has been tensioned.
Concrete compressive strength shall be determined by maturity meters. At the pre -pour conference, the
Contractor shall submit the location that maturity meters will be placed.
The Contractor shall provide maturity meters and all necessary wires and connectors. The Contractor shall
be responsible for the placement and maintenance of the maturity meters and wires. At a minimum a maturity
meter will be placed at the mid -span of beams and at support locations. Placement shall be as directed by
the Engineer.
For structures with multiple maturity meters, the lowest compressive strength shall determine when the
falsework can be removed.
Acceptance cylinders shall not be used for determining compressive strength to remove falsework.
Subsection 601.12 (I) shall include the following after the first paragraph:
Concrete compressive strength shall be determined by maturity meters.
Subsection 601.12 shall include the following:
(o) Backfilling Structures that Support Lateral Earth Pressure. Concrete compressive strengths shall reach f'c
before backfilling operations can begin with heavy equipment, such as skid -steers or self -powered riding
compactors. Concrete compressive strengths shall reach 0.8 f'c before backfilling operations can begin with
hand operated equipment. Concrete compressive strength shall be determined by maturity meters.
December 18, 2015
3
REVISION OF SECTIONS 206 AND 601
MATURITY METER AND CONCRETE
FORM AND FALSEWORK REMOVAL
Delete subsections 601.13 (2) and 601.13 (3) and replace with the following:
(2) The minimum curing period shall be from the time the concrete has been placed until the concrete has met a
compressive strength of 80 percent of the required field compressive strength. The Contractor shall develop a
maturity relationship for the concrete mix design in accordance with CP 69. The Contractor shall provide the
maturity meter and all necessary thermocouples, thermometers, wires and connectors. The Contractor shall
place, protect and maintain the maturity meters and associated equipment. Locations where the maturity
meters are placed shall be protected in the same manner as the rest of the structure.
Subsection 601.17 shall include the following:
(f)
Maturity Meter Strength. When maturity meters are specified for determining strength for removing forms,
removing false work, backfilling against structures or loading the structure, the Contractor shall provide the
Engineer a report of maturity relationships in accordance with CP 69 prior to placement of concrete.
If a maturity meter fails, is tampered with, is destroyed or was not placed, the following shall apply:
The minimum curing time or waiting time for removing forms, removing false work, backfilling against
structures or loading the structure shall be 28 days.
The Contractor may choose at his own expense to core the structure represented by the maturity meter.
Cores will be obtained and tested according to CP 65. Cores will be a minimum of 4 inches in diameter. A
minimum of three cores in a two square foot area will be obtained. If the compressive strength of any one
core differs from the average by more than 10 percent that compressive strength will be deleted and the
average strength will be determined using the compressive strength of the remaining two cores. If the
compressive strength of more than one core differs from the average by more than 10 percent the average
strength will be determined using all three compressive strengths of the cores. The average compressive
strength of the cores shall be achieve the specified compressive strength of the structure. A structure may
only be cored once.
September 22, 2016
1
REVISION OF SECTION 208
EROSION CONTROL
Section 208 is hereby deleted from the Standard Specifications for this project and replaced with the following:
DESCRIPTION
208.01 This work consists of constructing, installing, maintaining, and removing when required, Best
Management Practices (BMPs) during the life of the Contract to prevent or minimize erosion, sedimentation, and
pollution of any State waters as defined in subsection 107.25, including wetlands.
The Contractor shall coordinate the construction of temporary BMPs with the construction of permanent BMPs to
assure economical, effective, and continuous erosion and sediment control throughout the construction period.
When a provision of Section 208 or an order by the Engineer requires that an action be immediate or taken
immediately, it shall be understood that the Contractor shall at once begin effecting completion of the action and
pursue it to completion in a manner acceptable to the Engineer, and in accordance with the Colorado Discharge
Permit System Stormwater Construction Permit (CDPS-SCP) requirements.
MATERIALS
208.02 Erosion control materials are subject to acceptance in accordance with subsection 106.01. Erosion
control materials shall be subject to the following approval process:
Material
Approval
Process
Notes:
Erosion Bales (Weed Free)
COC
The Contractor shall provide a transit certificate
number or a copy of the transit certificate as
supplied from the producer.
Silt Fence
COC
Silt Berm
APL
Erosion Log (Type 1 and 2)
COC
Silt Dikes
COC
Pre -fabricated Concrete Washout
Structures (above ground)
APL
Pre -fabricated Vehicle Tracking
Pad
APL
Aggregate Bag
COC
Storm Drain Inlet
Protection (Type I, II and III)
APL
The material for BMPs shall conform to the following:
(a) Erosion Bales. Material for erosion bales shall consist of Certified Weed Free hay or straw. The hay or straw
shall be certified under the Colorado Department of Agriculture Weed Free Forage Certification Program and
inspected as regulated by the Weed Free Forage Act, Title 35, Article 27.5, CRS. Each certified weed free
erosion bale shall be identified by blue and orange twine binding the bales.
The Contractor shall not place certified weed free erosion bales or remove their identifying twine until the
Engineer has inspected and accepted them.
The Contractor may obtain a current list of Colorado Weed Free Forage Crop Producers who have completed
certification by contacting the Colorado Department of Agriculture, Weed Free Forage Program,
305 Interlocken Pkwy, Broomfield, CO 80021, Contact: Weed Free Forage Coordinator at (303) 869-9038.
Also available at www.colorado.gov/aglcsd.
September 22, 2016
2
REVISION OF SECTION 208
EROSION CONTROL
Bales shall be approximately 5 cubic feet of material and weigh at least 35 pounds. Stakes shall be wood and
shall be 2 inch by 2 inch nominal.
(b) Silt Fence. Silt fence posts shall be wood with a minimum length of 42 inches. Wood posts shall be 1.5 inch
by 1.5 inch nominal. Geotextile shall be attached to wood posts with three or more staples per post.
Silt fence geotextile shall conform to the following requirements:
Physical Requirements for Silt Fence Geotextiles
Self -Supported
Wire Fence
Requirements
Property
Supported
Geotextile
Test Method
Requirements
Elongation
<50%
Grab Strength, lbs
90 minimum
124 minimum
ASTM D 4632
Permittivity sec -1
0.05
0.05
ASTM D 4491
Minimum 70%
Minimum 70%
Ultraviolet Stability
Strength
Strength
ASTM D 4355
Retained
Retained
Silt Fence (Reinforced). Silt fence posts shall be metal "studded tee" T -post with a minimum length of 66
inches. Metal posts shall be "studded tee" with .095 inch minimum wall thickness. Wire fabric reinforcement
for the silt fence geotextile shall be a minimum of 14 gauge, with a maximum mesh spacing of 6 inches.
Geotextile shall be attached to welded wire fabric with ties or nylon cable ties 12 inch O.C. at top, mid and
bottom wire. Welded wire fabric shall be attached to the post with a minimum three 12 gauge wire ties per
post. Vinyl or rubber safety caps shall be installed on all T -post.
(c) Temporary Berms. Temporary berms shall be constructed of compacted soil.
(d) Temporary Slope Drains. Temporary slope drains shall consist of fiber mats, plastic sheets, stone, concrete
or asphalt gutters, half round pipe, metal or plastic pipe, wood flume, flexible rubber or other materials
suitable to carry accumulated water down the slopes. Outlet protection riprap shall conform to section 506.
Erosion control geotextile shall be a minimum Class 2, conforming to subsection 712.08.
(e) Silt Berm. Silt berm shall consist of an ultraviolet (UV) stabilized high -density polyethylene, shall be triangular
in shape, and shall have the following dimensions:
Width
Height
Weight
Percent Open Area
6 - 11 inches
6 - 10 inches
0.3 - 1.4 lbs./sq. ft.
30-50%
Securing spikes shall be10 to12 inch x 0.375 inch diameter (minimum).
(f) Rock Check Dam. Rock Check dams shall be constructed of stone. Stone shall meet the requirements of
Section 506.
(g) Sediment Trap. In constructing an excavated Sediment Trap, excavated soil may be used to construct the
dam embankment, provided the soil meets the requirements of subsection 203.03. Outlet protection riprap
shall be the size specified in the Contract and shall conform to Section 506. Erosion control geotextile shall
be a minimum Class 1, conforming to subsection 712.08.
September 22, 2016
3
REVISION OF SECTION 208
EROSION CONTROL
(h) Erosion log. Shall be one of the following types unless otherwise shown on the plans:
(1) Erosion Log (Type 1) shall be curled aspen wood excelsior with a consistent width of fibers evenly
distributed throughout the log. The casing shall be seamless, photo -degradable tube netting and shall
have minimum dimensions as shown in Table 208-1, based on the diameter of the log called for on the
plans. The curled aspen wood excelsior shall be fungus free, resin free, and free of growth or
germination inhibiting substances.
(2) Erosion Log (Type 2) shall consist of a blend of 30-40 percent weed free compost and 60-70 percent
wood chips. The compost/wood blend material shall pass a 50 mm (2 inch) sieve with a minimum of 70
percent retained on the 9.5 mm (3/8 inch) sieve and comply to subsection 212.02 for the remaining
compost physical properties. The compost/wood chip blend may be pneumatically shot into a geotextile
cylindrical bag or be pre -manufactured. The geotextile bag shall consist of material with openings of 1/8
to 3/8 inches of HDPE or polypropylene mesh (knitted, not extruded), and contain the compost/wood
chip material while not limiting water infiltration.
Erosion log (Type 1 and Type 2) shall have minimum dimensions as shown in Table 208-1, based on the diameter
of the log.
Table208-1
NOMINAL DIMENSIONS OF EROSION LOGS
Diameter
Type 1
(Inches)
Diameter
Type 2
(Inches)
Length (feet)
Weight (minimum)
(pounds/foot)
Stake
Dimensions
(Inches)
Min.
Max.
9
8
10
180
1.6
1.5 by 1.5 (nominal)
by 18
12
12
10
180
2.5
1.5 by 1.5(nominal)
by 24
20
18
10
100
4.0
2 by 2 (nominal)
by 30
Stakes to secure erosion logs shall consist of pinewood or hardwood.
(i)
(j)
Silt Dikes. Silt dikes shall be pre -manufactured triangular shaped urethane foam covered with a woven
geotextile fabric. The fabric aprons shall extend a minimum of two feet beyond each side of the triangle.
Each silt dike shall have the following dimensions:
Dimension Length
Center height 8 to 10 inches
Base 16 to 21 inches
Section length 3 to 7 feet
Section width including fabric extensions 5.6 feet
Staples shall be 6 gauge and at least 8 inches long.
Concrete Washout Structure. The Contractor shall construct a washout structure that will contain washout
from concrete placement and construction equipment cleaning operations. Embankment required for the
concrete washout structure may be excavated material, provided that this material meets the requirements of
Section 203 for embankment.
A pre -fabricated concrete washout structure shall only be used when specified in the Contract. It shall
consist of a watertight container designed to contain liquid and solid waste from concrete washout.
September 22, 2016
4
REVISION OF SECTION 208
EROSION CONTROL
(k) Vehicle Tracking Pad. Aggregate for the vehicle tracking pad shall be crushed natural aggregate with at least
two fractured faces that meets the following gradation requirements:
Sieve size
75 mm (3 inch)
50 mm (2 inch)
19.0 mm (3/4 inch)
Percent by weight
Passing Square Mesh Sieves
100
0-25
0-15
Recycled crushed concrete or asphalt shall not be used for vehicle tracking pads.
Erosion Control Geotextile shall be Class 2 and conform to the requirements of subsection 712.08.
Pre -fabricated vehicle tracking pads if specified in the Contract shall have the following properties.
Minimum overall dimensions of the modular systems shall be:
Width of pad
along edge of
roadway
14 feet
Length of pad
30 feet
Weight (min.)
(lbs./sq. ft.)
8
Crush strength
(min.) (psi)
400
(1) Aggregate Bag. Aggregate bags shall consist of crushed stone or recycled rubber filled fabric with the
following properties:
Diameter (inches)
Weight (minimum)
(pounds per foot)
6-8
10
12
6
10
15
Rubber used in bags shall be clean, 95 percent free of metal and particulates.
Crushed stone contained in the aggregate bags shall conform to subsection 703.09, Table 703-7 for Class C.
The aggregate bag shall consist of a woven geotextile fabric with the following properties:
Property
Requirement
Test Method
Grab Tensile Strength
90 lbs. min.
ASTM D 4632
Trapezoid Tear Strength
25 lbs. min.
ASTM D 4533
Mullen Burst
300 psi
ASTM D 3786
Ultraviolet Resistance
70%
ASTM D 4355
(m) Storm Drain Inlet Protection. Storm drain inlet protection shall consist of aggregate filled fabric with the
following dimensions:
September 22, 2016
5
REVISION OF SECTION 208
EROSION CONTROL
Storm Drain Inlet
Protection
Properties
Protection Types
'Type I
Type II
3Type III
Diameter
4 in.
4 in.
N/A
Minimum Section
Length
7 ft.
5 ft.
5 ft.
Apron Insert
30 in. or sized to
grate
30 in or sized
to grate
'Type I protection shall be used with Inlet Type R.
2Type II protection shall be used with Combination Inlet. Option Aor B
3Type III protection Inlet Vane Grate only. Option Aor B
The storm drain inlet protection (Type I, II and III) shall consist of a woven geotextile fabric with the following
properties:
Property
Test Method
Unit
Requirement
Grab tensile strength
ASTM D 4632
lbs.
minimum 350X280
Mullen Burst Strength
ASTM D 3786
lbs.
600
Trapezoid Tear Strength
ASTM D 4533
lbs.
minimum 110X95
Percent Open Area
COE-22125-86
`)/0
28
Water Flow Rate
ASTM D 4491
gal.t.
sg
250
Ultraviolet Resistance
ASTM D 4355
`)/0
70
Curb roll for storm drain inlet protection (Type I and II) shall have an approximate weight of 7 to 10 pounds per
linear foot of device. The device shall be capable of conforming to the shape of the curb. Aggregate
contained in the storm drain inlet device shall consist of gravel or crushed stone conforming to Table 703-7 for
Class C.
Storm drain inlet protection (Type III) shall have insert containment (option A) or insert without storage
capacity (option B).
CONSTRUCTION REQUIREMENTS
208.03 Project Review, Schedule, and Transportation Erosion Control Supervisor. Prior to construction, an
on -site Environmental Pre -construction Conference shall be held. The conference shall be attended by:
(1) The Engineer,
(2) The Superintendent,
(3) The Contractor's SWMP Administrator
(4) Supervisors or Foremen of subcontractors working on the project,
(5) The Region Water Pollution Control Manager (RWPCM), and
September 22, 2016
6
REVISION OF SECTION 208
EROSION CONTROL
(6) CDOT personnel (e.g., CDOT Landscape Architect) who prepared or reviewed the Stormwater
Management Plan (SWMP).
At this conference, the attendees shall discuss the SWMP, CDPS-SCP, sensitive habitats on site, wetlands, other
vegetation to be protected, and the enforcement mechanisms for not meeting the requirements of this
specification.
Prior to beginning construction the Contractor shall evaluate the project site for storm water draining into or
through the site. When such drainage is identified, BMPs (i.e., Control Measures) shall be used if possible to
divert stormwater from running on -site and becoming contaminated with sediment or other pollutants. The
diversion may be accomplished with a temporary pipe or other conveyance to prevent water contamination or
contact with pollutants. Run-on water that cannot be diverted shall be treated as construction runoff and
adequate BMPs shall be employed.
The SWMP Administrator shall evaluate all non-stormwater coming onto the site, such as springs, seeps, and
landscape irrigation return flow. If such flow is identified, BMPs shall be used to protect off -site water from
becoming contaminated with sediment or other pollutants.
The SWMP Administrator shall review existing inlets and culverts to determine if inlet protection is needed due to
water flow patterns. Prior to beginning construction, inlets and culverts needing protection shall be protected and
the location of the implemented BMP added to the SWMP site map.
Prior to construction, the Contractor shall implement appropriate BMPs for protection of wetlands, sensitive
habitat and existing vegetation from ground disturbance and other pollutant sources, in accordance with the
approved project schedule as described in subsection 208.03(b).
When additional BMPs are required and approved by the Engineer, the Contractor shall implement the additional
BMPs and the SWMP Administrator shall record and describe them on the SWMP site map. The approved BMPs
will be measured and paid for in accordance with subsections 208.11 and 208.12.
(a) Project Review. The Contractor may submit modifications to the Contract's BMPs in a written proposal to the
Engineer. The written proposal shall include the following information:
(1) Reasons for changing the BMPs.
(2) Diagrams showing details and locations of all proposed changes.
(3) List of appropriate pay items indicating new and revised quantities.
(4) Schedules for accomplishing all erosion and sediment control work.
(5) Effects on permits or certifications caused by the proposed changes.
The Engineer will approve or reject the written proposal in writing within 5 working days after the submittal.
The Engineer may require additional control measures prior to approving the proposed modifications.
Additional modifications and additional BMPs will be paid for at the Contract Unit Price for the specific items
involved. If no items exist, they will be paid for as extra work in accordance with subsection 109.04.
(b) Erosion and Sediment Control Activities. The erosion and sediment control activities shall be included in the
weekly meeting update. The project schedule shall specifically indicate the sequence of clearing and
grubbing, earthwork operations, and construction of temporary and permanent erosion control features and
stabilization. Project schedule shall include erosion and sediment control work for haul roads, borrow pits,
storage and asphalt or concrete batch sites, and all areas within the project limits. If during construction the
Contractor proposes changes which would affect the Contract's BMPs, the Contractor shall propose revised
BMPs to the Engineer for approval in writing. If necessary, the SWMP Administrator shall update proposed
sequencing of major activities in the SWMP. Revisions shall not be implemented until the proposed measures
have been approved in writing by the Engineer.
(c) Erosion Control Management (ECM). Erosion Control Management for this project shall consist of Erosion
Control Inspection and the Administration of the Stormwater Management Plan (SWMP). All ECM staff shall
have working knowledge and experience in construction, and shall have successfully completed the
Transportation Erosion Control Supervisory Certificate Training (TECS) as provided by the Department. The
Superintendent will not be permitted to serve in an ECM role. The Erosion Control Inspector and the
Stormwater Administrator may be the same person in projects involving less than 40 acres of disturbed area.
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1. Stormwater Management Plan (SWMP) Administration. The SWMP Plan shall be maintained by a SWMP
Administrator. The SWMP Administrator shall have completed the TECS certification training as provided
by the Department. In the case of a project requiring only one TECS, the SWMP Administrator may also
be the Erosion Control Inspector for the project. The name of the SWMP Administrator shall be recorded
on SWMP Plan Section 3. B. The SWMP Administrator shall have full responsibility to maintain and
update the SWMP Plan and identify to the Superintendent critical action items needed to conform to the
CDPS-SCP as follows:
(1) Complete the SWMP Notebook as described in subsection 208.03 (d).
(2) Participate in the Environmental Pre -construction Conference
(3) Attend weekly meetings
(4) Attend all Headquarter and Region water quality control inspections. The Contractor and the
Contractor's SWMP Administrator will be notified a minimum of five days in advance of each
inspection by the CDOT region or headquarter water quality staff.
(5) Coordinate with the Superintendent to implement necessary actions to reduce anticipated or
presently existing water quality or erosion problems resulting from construction activities.
(6) Coordinate with the Superintendent to ensure that all labor, material, and equipment needed to install,
maintain, and remove BMPs are available as needed.
(7) During construction, update and record the following items on the SWMP site map as changes occur:
(i) Limits of Construction (LOC).
(ii) Areas of disturbance (AD)
(iii) Limits of Disturbance (LDA)
(iv) Limits of cut and fill.
(v) Areas used for storage of construction materials, equipment, soils, or wastes.
(vi) Location of any dedicated asphalt or concrete batch plants.
(vii) Location of construction offices and staging areas.
(viii) Location of work access routes during construction.
(ix) Location of borrow and waste.
(x) Location of temporary, interim and permanent stabilization.
(xi) Location of outfall(s)
(xii) Arrows showing direction of surface flow
(xiii) Structural and non-structural BMPs
(xiv) LDA and LOC lines as defined in subsection 107.25
(8) Amend the SWMP whenever there are: additions, deletions, or changes to BMPs. SWMP revisions
shall be recorded immediately. Items shall be dated and initialed by the SWMP Administrator.
Specifically, amendments shall include the following:
(i) A change in design, construction, operation, or maintenance of the site which would require the
implementation of new or revised BMPs; or
(ii) Changes when the SWMP proves to be ineffective in achieving the general objectives of
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controlling pollutants in stormwater discharges associated with construction activity.
(iii) Changes when BMPs are no longer necessary and are removed.
(9) Complete vegetative survey transects when required in accordance with CDOT Erosion Control and
Stormwater Quality Guide.
(10) Start a new site map before the current one becomes illegible. All site maps shall remain in the
SWMP notebook.
(11) Document all inspection and maintenance activities. The SWMP and documentation shall be kept on
the project site.
(12) When adding or revising BMPs on the SWMP, add a narrative explaining what, when, where, why,
and how the BMP is being used, and add a detail to the SWMP notebook.
(i) How to install and inspect the BMP
(ii) Where to install the BMP
(iii) When to maintain the BMP
(13)If using existing topography, vegetation, etc. as a BMP, label it as such on the SWMP site map; add a
narrative as to when, where, why, and how the BMP is being used.
(14)Indicate BMPS in use or not in use by recording on Standard Plans M-208-1, M-216-1, and M-615-1
in the SWMP notebook
(15)Record on the SWMP, the approved Method Statement for Containing Pollutant Byproducts.
(16)Update the potential pollutants list in the SWMP notebook and Spill Response Plan throughout
construction.
2. Erosion Control Inspection.
Erosion control inspection shall be performed by TECS certified staff assigned as Erosion Control
Inspector (ECI) to the project. One ECI is required for every 40 acres of total disturbed area which is
currently receiving temporary and interim stabilization measures as defined in subsection 208.04 (e). An
ECI shall not be responsible for more than 40 acres in the project. Accepted permanent stabilization
methods as defined in subsection 208.04 (e) will not be included in the 40 acres.
ECI duties shall be as follows:
(1) Coordinate with the SWMP Administrator on reporting the results of inspections
(2) Review the construction site for compliance with the Stormwater Construction Permit.
(3) Inspect with the Superintendent and the Engineer (or their designated representatives) the
stormwater management system at least every seven calendar days. Post storm event inspections
shall be conducted within 24 hours after the end of any precipitation or snow melt event that may
cause surface erosion. If no construction activities will occur following a storm event, post -storm
event inspections shall be conducted prior to commencing construction activities, but no later than 72
hours following the storm event. The occurrence of delay in inspections shall be documented in the
inspection report. Form 1176 shall be used for all 7 day inspections and inspections following storm
events. The Contractor shall notify the Erosion control inspector when a storm event occurs. Failure
to perform inspections on time will result in liquidated damages in accordance with subsection
208.09.
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Inspections are not required at sites when construction activities are temporarily halted, when snow
cover exists over the entire site and melting conditions do not pose a risk of surface erosion. This
exception shall be applicable only during the period where melting conditions do not exist, and applies
to the routine 7 day, Headquarters and Region inspections, as well as the post -storm event
inspections. The following information shall be documented on Form 1176 for use of this exclusion:
dates when snow cover occurred, date when construction activities ceased, and date melting
conditions began.
The order of precedence for required inspections shall be as follows:
(i) Headquarter water quality inspections
(ii) Region water quality inspections
(iii) Post -storm event inspections
(iv) 7 day inspections
When one of the listed inspections is performed, the inspections listed below it need not be
performed on that day if the required CDOT and Contractor personnel participated in the inspection.
For example: A 7 day inspection is not required on the same day a headquarters or Region
inspection is conducted. A sheet shall be placed in the inspections area of the SWMP Notebook to
refer to the date inspection performed.
(4) Follow all other agency Stormwater requirements and inspections unless a waiver or other agreement
has been made.
(5) The ECI shall immediately report to the Contractor's Superintendent and the SWMP Administrator the
following instances of noncompliance:
(i) Noncompliance which may endanger health or the environment.
(ii) Spills or discharge of hazardous substance or oil which may cause pollution of waters of the
State.
(iii) Discharge of stormwater which may cause an exceedance of a water quality standard.
(iv) Upset conditions that occur on site.
(6) Spills, leaks, or overflows that result in the discharge of pollutants shall be documented on the Form
1176 by the ECI. The ECI shall record the time and date, weather conditions, reasons for spill, and
how it was remediated.
(d) Documentation Available on the Project. The following Contract documents and references will be made
available for reference at the CDOT field office during construction:
1. SWMP Notebook. The Engineer will provide a SWMP Notebook at the Preconstruction Conference,
which is and shall remain the property of CDOT. CDOT will initially provide the documentation for the first
four items when available. The Contractor shall provide the contents required for items (5) through (18).
The notebook shall be stored in the CDOT field office or at another on -site location approved by the
Engineer. The SWMP Administrator shall modify and update the notebook as needed to reflect actual site
conditions, prior to or as soon as practicable but in no case more than 72 hours after the change. The
following Contract documents and reports shall be kept, maintained, and updated in the notebook under
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the appropriate items by the SWMP Administrator:
(1) SWMP Plan Sheets - Notes, tabulation, sequence of major activities, area of disturbance, existing soil
data, existing vegetation percent cover, potential pollutant sources, receiving water, non-stormwater
discharges and environmental impacts.
(2) Site Map and Plan Title Sheet - Construction site boundaries, ground surface disturbance, limits of
cut and fill, flow arrows, structural BMPs, non-structural BMPs, Springs, Streams, Wetlands and
surface water. Also included on the sheets is the protection of trees, shrubs and cultural resources.
(3) Specifications - Standard and Project special provisions related to Stormwater and Erosion Control.
(4) Standard Plans M-208-1, M-216-1 and M-615-1
(5) BMP Details not in Standard Plan M-208-1 - Non-standard details.
(6) Weekly meeting sign in sheet.
(7) Calendar of Inspections -Calendar of inspections marking when all inspections take place.
(8) Form 1176 — Weekly meeting notes and inspection report
(9) Region and Headquarter Water Quality Reports and Form 105(s) relating to Water Quality.
(10) Description of Inspection and Maintenance Methods - Description of inspection and maintenance
methods implemented at the site to maintain all BMPs identified in the SWMP and Items not
addressed in the design
(11) Spill Response Plan - Reports of reportable spills submitted to CDPHE
(12) List and Evaluation of Potential Pollutants - List of potential pollutants as described in subsection
107.25 and approved Method Statement for Containing Pollutant Byproducts.
(13) Other Correspondence e.g., agreements with other MS4s, approved deferral request, CDPHE audit
documentation, Water Quality Permit Transfer to Maintenance Punch List and other miscellaneous
documentation.
(14) TECS Certifications of the SWMP Administrator and all ECIs, keep current through the life of the
project.
(15) Environmental Pre -construction Conference — Conference agenda with a certification of
understanding of the terms and conditions of the CDPS-SCP and SWMP. The certification shall be
signed by all attendees. A certification shall also be signed by all attendees of meetings held for new
subcontractors beginning work on the project that could adversely affect water quality after the
Environmental Pre -construction Conference has been held.
(16) All Project Environmental Permits - All project environmental permits and associated applications and
certifications, including, CDPS-SCP, Senate Bill 40, USACE 404,temporary stream crossings,
dewatering, biological opinions and all other permits applicable to the project, including any separate
CDPS-SCP obtained by the Contractor for staging area on private property, asphalt or concrete plant,
etc.
(17) Photographs Documenting Existing Vegetation — Project photographs shall be time stamped on paper
with a maximum of four colored images per 8 1/2 inch by 11 inch sheet and/or a digital copy of all
photographs on CD-ROM/Flash Drive in (JPG format), documenting existing vegetation prior to
construction commencing. On the bottom of each photograph shall be a description using Station
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Number or Mile Post of where the photograph was taken.
(18) Permanent Water Quality Plan Sheets - Plan sheets and specifications for permanent water quality
structures, riprap.
The Engineer will incorporate the documents and reports available at the time of award. The Contractor shall
provide and insert all other documents and reports as they become available during construction.
The SWMP Administrator shall finalize the SWMP for CDOT Maintenance use upon completion of the project.
SWMP completeness shall be approved by the Engineer, corrections to the SWMP shall be at the
Contractor's expense. The following Reference materials shall be used:
(1) CDOT Erosion Control and Stormwater Quality Guide.
(2) CDOT Erosion Control and Stormwater Quality Field Guide.
(e) Weekly Meetings. The Engineer, Superintendent and the SWMP Administrator shall conduct a weekly
meeting with supervisors involved in construction activities that could adversely affect water quality. The
meeting shall follow an agenda prepared by the Engineer or a designated representative, and have a sign in
sheet on which the names of all attendees shall be recorded. The SWMP Administrator shall take notes of
water quality comments and action items at each weekly meeting, and place the agenda and sign in sheet in
the SWMP notebook. At this meeting the following shall be discussed and documented on Form 1176:
(1) Requirements of the SWMP.
(2) Problems that may have arisen in implementing the site specific SWMP or maintaining BMPs.
(3) Unresolved issues from inspections and concerns from last inspection
(4) BMPS that are to be installed, removed, modified, or maintained.
(5) Planned activities that will effect stormwater in order to proactively phase BMPs.
(6) Recalcitrant inspection findings
All subcontractors who were not in attendance at the Environment Pre -construction conference shall be
briefed on the project by the Engineer, Superintendent, and the SWMP Administrator prior to start of work.
The SWMP Administrator shall record the names of these subcontractors as an addendum to the list of
attendees, and added the SWMP Notebook.
208.04 Best Management Practices (BMPs) for Stormwater.
The SWMP Administrator shall modify the SWMP to clearly describe and locate all BMPs implemented at the site
to control potential sediment discharges.
Vehicle tracking control shall be used at all vehicle and equipment exit points from the site to prevent sediment
exiting the Limits of Construction (LOC) of the project site. Access shall be provided only at locations approved
by the Engineer. The SWMP Administrator shall record vehicle tracking control pad locations on the SWMP site
map.
New inlets and culverts shall be protected during their construction. Appropriate protection of each culvert and
inlet shall be installed immediately. When riprap is called for at the outlet of a culvert, it shall be installed within 24
hours of completion of each pipe. The Contractor shall remove sediment, millings, debris, and other pollutants
from within the newly constructed drainage system in accordance with the CDPS-SCP, prior to use, at the
Contractor's expense. All removed sediment shall be disposed of outside the project limits in accordance with all
applicable regulations.
Concrete products wasted on the ground during construction shall include, but shall not be limited to: excess
concrete removed from forms, spills, slop, and all other unused concrete are potential pollutants that shall be
contained or protected by an approved BMP at a pre -approved containment area. The concrete shall be picked
up and recycled in accordance with 6 CCR 1007-2 (CDPHE Regulations Pertaining to Solid Waste Sites and
Facilities) at regular intervals, as directed. The uses of recycled concrete from approved recycling facilities shall
be in accordance with Section 203.
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(a) Unforeseen Conditions. The Contractor shall design and implement erosion and sediment BMPs for
correcting conditions unforeseen during the design of the project, or for emergency situations, that develop
during construction. The Department's "Erosion Control and Stormwater Quality Guide" shall be used as a
reference document for the purpose of designing erosion and sediment BMPs. Measures and methods
proposed by the Contractor shall be reviewed and approved in writing by the Engineer prior to installation.
(b) Other Agencies. If CDPHE, US Army Corps of Engineers (USACE), or the Environmental Protection Agency
(EPA) reviews the project site and requires additional measures to prevent and control erosion, sediment, or
pollutants, the Contractor shall cease and desist activities resulting in pollutant discharge and immediately
implement these measures. If the work may negatively affect another MS4, the Contractor shall cease and
desist activities resulting in the discharge and shall implement appropriate measures to protect the
neighboring MS4, including installing additional measures.. Implementation of these additional measures will
be paid for at contract unit price.
(c) Work Outside the Right of Way. Disturbed areas, including staging areas, which are outside CDOT ROW and
outside easements acquired by CDOT for construction, are the responsibility of the Contractor. These areas
may be subject to a separate CDPS-SCP or other permits. The Contractor shall acquire these permits and
submit copies to the Engineer prior to any disturbance. These permits, shall be acquired and all erosion and
sediment control work performed at the Contractor's expense. These areas are subject to inspections by
CDOT or any other agency, as agreed upon in writing.
(d) Construction Implementation. The Contractor shall incorporate BMPs into the project as outlined in the
accepted schedule.
(e) Stabilization. Once earthwork has started, the Contractor shall continue erosion BMPs until permanent
stabilization of the area has been completed and accepted. Clearing, grubbing and slope stabilization
measures shall be performed regularly to ensure final stabilization. Failure to properly maintain erosion
control and stabilization methods, either through improper phasing or sequencing will require the Contractor
to repair or replace sections of earthwork at his expense. The Contractor shall schedule and implement the
following stabilization measures during the course of the project:
(1) Temporary Stabilization. At the end of each day, the Contractor shall stabilize disturbed areas by surface
roughening, vertical tracking, or a combination thereof. Disturbed areas are locations where actions have
been taken to alter the existing vegetation and/or underlying soil of a site, such as clearing, grading, road
bed preparation, soil compaction, and movement and stockpiling of top soils. Other stabilization
measures may be implemented, as approved. The maximum area of temporary stabilization shall not
exceed 20 acres.
(2) Interim Stabilization. Stockpiles and disturbed areas as soon as known with reasonable certainty that
work will be temporarily halted for 14 days or more shall be stabilized using one or more of the specified
following methods:
(i) Application of 1.5 tons of mechanically crimped certified weed free hay or straw in combination with
an approved organic mulch tackifier.
(ii) Placement of bonded fiber matrix in accordance with Section 213.
(iii) Placement of mulching (hydraulic) wood cellulose fiber mulch with tackifier, in accordance with
Section 213.
(iv) Application of spray -on mulch blanket in accordance with Section 213. Magnesium Chloride,
Potassium Chloride and Sodium Chloride, or other salt products, will not be permitted as a
stabilization method.
Protection of the interim stabilization method is required. Reapplication may be required as approved.
(3) Summer and Winter Stabilization. Summer and winter stabilization is defined as months when seeding
will not be permitted. As soon as the Contractor knows shutdown is to occur, interim stabilization shall be
applied to the disturbed area. Protection of the interim stabilization method is required. Reapplication of
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interim stabilization may be required as directed.
(4) Permanent Stabilization. Permanent stabilization is defined as the covering of disturbed areas with
seeding, mulching with tackifier, soil retention coverings, and such non -erodible methods such riprap,
road shouldering, etc., or a combination thereof as required by the Contract. Other permanent
stabilization techniques may be proposed by the Contractor, in writing, and shall be used when approved
in writing by the Engineer. Permanent stabilization shall begin within 48 hours after topsoil placement, soil
conditioning, or combination thereof starts and shall be pursued to completion.
(5)
Final Stabilization. Final stabilization is defined as when all ground disturbing activities at the site have
been completed, and uniform vegetative cover has been established with an individual plant density of at
least 70 percent of pre -disturbance levels, or equivalent permanent physical erosion reduction methods
have been employed.
Maintenance. Erosion and sediment control practices and other protective measures identified in the SWMP
as BMPs for stormwater pollution prevention shall be maintained in effective operating condition until the
CDPS-SCP has been transferred to CDOT. BMPs shall be continuously maintained in accordance with good
engineering, hydrologic and pollution control practices, including removal of collected sediment when silt
depth is 50 percent or more of the height of the erosion control device. When possible, the Contractor shall
use equipment with an operator rather than labor alone to remove the sediment.
Maintenance of erosion and sediment control devices shall include replacement of such devices upon the end
of their useful service life as recommended by the Contractor and approved by the Engineer. Maintenance of
rock check dams and vehicle tracking pads shall be limited to removal and disposal of sediment or addition of
aggregate. Damages resulting from failure to maintain BMPs shall be paid at the contactors expense.
Complete site assessment shall be performed as part of comprehensive inspection and maintenance
procedures, to assess the adequacy of BMPs at the site and the necessity of changes to those BMPs to
ensure continued effective performance. Where site assessment results in the determination that new or
replacement BMPs are necessary, the BMPs shall be installed to ensure continuous effectiveness. When
identified, BMPs shall be maintained, added, modified or replaced as soon as possible, immediately in most
cases.
Approved new or replaced BMPs will be measured and paid for in accordance with subsections 208.11 and
208.12. Devices damaged due to the Contractor's negligence shall be replaced at Contractor's expense.
From the time seeding and mulching work begins until the date the Contract work is accepted, the Contractor
shall maintain all seeded areas. Damage to seeded areas or to mulch materials shall be immediately
restored. Damage to seeded areas or to mulch materials due to Contractor negligence shall be immediately
restored at the Contractor's expense. Restoration of other damaged areas will be measured and paid for
under the appropriate bid item.
Temporary BMPs may be removed upon completion of the project, as determined by the Water Quality Partial
Acceptance walk-through. If removed, the area in which these BMPs were constructed shall be returned to a
condition similar to that which existed prior to its disturbance. Removed BMPs shall become the property of
the Contractor.
If a project delay occurs, the Contractor shall be responsible to continue erosion and sediment control
operations beyond the original contract time.
Sediment removed during maintenance of BMPs and material from street sweeping may be used in or on
embankment, provided it meets conditions of Section 203 and is distributed evenly across the embankment.
Whenever sediment collects on the paved surface, the surface shall be cleaned. Street washing will not be
allowed. Storm drain inlet protection shall be in place prior to shoveling, sweeping, or vacuuming. Sweeping
shall be completed with a pickup broom or equipment capable of collecting sediment. Sweeping with a kick
broom will not be allowed.
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Material from pavement saw cutting operations shall be cleaned from the roadway surface during operations
using a vacuum. A BMP, such as a berm, shall be placed to contain slurry from joint flushing operations until
the residue can be removed from the soil surface. Aggregate bags, erosion logs or other permeable BMPs
shall not be used. Residue shall not flow into driving lanes. It shall be removed and disposed of in accordance
with subsection 107.25(b) 13. Material containment and removal will not be paid for separately, but shall be
included in the work.
208.05 Construction of BMPs. BMPs shall be constructed in accordance with Standard Plans M-208-1, M-216-
1 and with the following.
(a) Seeding, Mulching, Sodding, Soil Retention Blanket. Seeding, mulching, sodding, and soil retention blanket
shall be performed in accordance with Sections 212, 213, and 216.
(b) Erosion Bales. The bales shall be anchored securely to the ground with wood stakes.
(c) Silt Fence. Silt fence shall be installed in locations specified in the Contract prior to any grubbing or grading
activity.
(d) Temporary Berms. Berms shall be constructed to the dimensions shown in the Contract, and sufficiently
compacted to prevent erosion or failure. If the berm erodes or fails, it shall be immediately repaired or
replaced at the Contractor's expense.
(e) Temporary Diversion. Diversions shall be constructed to the dimensions shown in the Contract, and graded
to drain to a designated outlet. The berm shall be sufficiently compacted to prevent erosion or failure. If the
diversion erodes or fails, it shall be immediately repaired or replaced at the Contractor's expense.
(f) Temporary Slope Drains. Temporary slope drains shall be installed prior to installation of permanent facilities
or growth of adequate ground cover on the slopes. All temporary slope drains shall be securely anchored to
the slope. The inlets and outlets of temporary slope drains shall be protected to prevent erosion.
(g) Silt Berm. Prior to installation of silt berms, the Contractor shall prepare the surface of the areas in which the
berms are to be installed such that are they free of materials greater than 2 inches in diameter and are
suitably smooth for the installation of the silt berms, as approved. Silt berms shall be secured with spikes.
The Contractor shall install the silt berm in a manner that will prevent water from going around or under the
silt berm. Silt berms shall be installed on top of soil retention blanket.
(h) Rock Check Dam. Rock shall be installed at locations shown on the plans. Rock check dams shall conform to
the dimensions shown on the plans.
(i) Riprap Outlet Protection. Geotextile used shall be protected from cutting or tearing. Overlaps between two
pieces of geotextile shall be 1 foot minimum. Riprap size shall be as shown on the plans.
(j) Storm Drain Inlet Protection. Prior to installation, the Contractor shall sweep the surface of the area in which
the storm drain inlet protection devices are to be installed such that the pavement is free of sediment and
debris. The ends of the inlet protection Type 1 and Type 2 shall extend a minimum of 1 foot past each end of
the inlet.
The Contractor shall remove all accumulated sediment and debris from the surface surrounding all storm
drain inlet protection devices after each rain event or as directed. The Contractor shall remove accumulated
sediment from Type II and Ill containment area when it is more than a maximum one third full of sediment, or
as directed.
The Contractor shall protect storm drain facilities adjacent to locations where pavement cutting operations
involving wheel cutting, saw cutting, sand blasting, or abrasive water jet blasting are to take place.
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(k) Sediment Trap. Sediment traps shall be installed to collect sediment laden water and to minimize the
potential of pollutants leaving the project site. Locations shall be as shown on the plans or as directed.
Sediment traps shall be constructed prior to disturbance of upslope areas and shall be placed in locations
where runoff from disturbed area can be diverted into the trap.
The area under the embankment shall be cleared, grubbed and stripped of any vegetation and roots.
Fill material for the embankment shall be free of roots or other vegetation, organic material, large stones, and
other objectionable material.
Sediment shall be removed from the trap when it has accumulated to one half of the wet storage depth of the
trap and shall be disposed of in accordance with subsection 208.04(f).
Erosion Logs. Erosion logs shall be embedded 2 inches into the soil. Stakes shall be embedded to a minimum
depth of 12 inches. At the discretion of the Engineer, a shallower depth may be permitted if rock is
encountered.
(I)
The Contractor shall maintain the erosion logs during construction to prevent sediment from passing over or
under the logs.
(m) Silt Dikes. Prior to installation of silt dikes, the Contractor shall prepare the surface of the areas in which the
silt dikes are to be installed such that they are free of materials greater than two inches in diameter and are
suitably smooth for the installation of the silt dikes, as approved by the Engineer.
(n) Concrete Washout Structure. The concrete washout structure shall meet or exceed the dimensions shown on
the plans or be used in accordance with manufacturer's recommendations. Work on this structure shall not
begin until written acceptance is provided by the Engineer.
Concrete washout structure shall conform to standard plan M-208-1 and shall meet the following
requirements:
(1) Structure shall contain all washout water.
(2) Stormwater shall not carry wastes from washout and disposal locations.
(3) The site shall be located a minimum of 50 horizontal feet from State waters and shall meet all
requirements for containment and disposal as defined in subsection 107.25.
(4) The site shall be signed as "Concrete Washout".
(5) The site shall be accessible to appropriate vehicles.
(6) Freeboard capacity shall be included into structure design to reasonably ensure the structure will not
overtop during or because of a precipitation events.
(7) The Contractor shall prevent tracking of washout material out of the washout structure.
(8) Solvents, flocculents, and acid shall not be added to wash water.
(9) The structure shall be surrounded on three sides by a compacted berm.
(10) The structure shall be fenced with orange plastic construction fencing to provide a barrier to construction
equipment and to aid in identification of the concrete washout area.
(11) Concrete waste, liquid and solid, shall not exceed 2/3 the storage capacity of the washout structure.
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Pre -fabricated concrete washout structures shall meet the following requirements:
(1) Structure shall contain all washout water.
(2) Structure shall be located 50 horizontal feet away from State waters, and shall be confined so that no
potential pollutants will enter State waters and other sensitive areas are as defined in the Contract.
Locations shall be as approved by the Engineer. The site shall be delineated with orange plastic fence or
other means and signed as "Concrete Washout".
(3) The site shall be accessible to appropriate vehicles.
(4) Freeboard capacity shall be included into structure design to reasonably ensure the structure will not
overtop during or because of a precipitation event.
(5) Solvents, flocculants, and acid shall not be added to wash water.
(6) Concrete waste, liquid and solid, shall not exceed 2/3 the storage capacity of the washout structure.
(7) Prefabricated structures cannot be moved when they contain liquid, unless otherwise approved.
(8) The concrete washout structure shall be completed and ready for use prior to concrete placement
operations.
(9) Washout areas shall be checked and maintained as required. On site permanent disposal of concrete
washout waste is not allowed.
All liquid and solid wastes, including contaminated sediment and soils generated from concrete washout
shall be hauled away from the site and disposed of properly at the Contractor's expense.
(o) Vehicle Tracking Pad (VTP). Vehicle tracking pads shall be constructed to the minimum dimensions shown in
the Contract, unless otherwise directed by the Engineer. Construction of approved vehicle tracking pads shall
be completed before any disturbance of the area.
The Contractor shall maintain each vehicle tracking pad during the entire time that it is in use for the project.
The vehicle tracking pad shall be removed at the completion of the project unless otherwise directed by the
Engineer. Additional aggregate may be required for maintenance and will be paid for under Pay Item,
Maintenance Aggregate (Vehicle Tracking Pad).
Detention Pond. Permanent detention ponds shown on the construction plans may be used as temporary
BMPs if all the following conditions are met:
(1) The pond is designated as a construction BMP in the SWMP.
(p)
(2) The pond outfall and outlet are designed and implemented for use as a BMP during construction in
accordance with good engineering, hydrologic, and pollution control practices. The stormwater
discharges from the outfall shall not cause degradation or pollution of State waters, and shall have
BMPs, as appropriate.
(3)
All silt shall be removed and the pond returned to the design grade and contour prior to project
acceptance
(q) Aggregate Bag. Aggregate bags shall be placed on a stable surface, consisting of pavement, grass or gravel.
Aggregate bags shall be placed to conform to the surface without gaps. Discharge water shall not cause
September 22, 2016
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REVISION OF SECTION 208
EROSION CONTROL
erosion.
(r) Surface Roughening. Surface roughening creates horizontal grooves along the contour of the slope.
Roughening may be accomplished by furrowing, scarifying, ripping or disking the soil surface to create a 2 to
4 inch minimum variation in soil surface. Surface roughening will not be paid for separately, but shall be
included in the work.
(s) Vertical Tracking. Vertical tracking involves driving a tracked vehicle up and down the soil surface and
creating horizontal grooves and ridges along the contour of the slope. Sandy soils or soils that are primarily
rock need not be tracked. Vertical tracking will not be paid for separately, but shall be included in the work.
208.06 Materials Handling and Spill Prevention. The SWMP Administrator shall clearly describe and record on
the SWMP, all practices implemented at the site to minimize impacts from procedures or significant material that
could contribute pollutants to runoff. Areas or procedures where potential spills can occur shall have a Spill
Response Plan in place as specified in subsections 107.25(b) 6 or 208.06(c). Construction equipment, fuels,
lubricants, and other petroleum distillates shall not be stored or stockpiled within 50 horizontal feet of any State
waters or more if the Contractor determines necessary. Equipment fueling and servicing shall occur only within
approved designated areas.
(a) Bulk Storage Structures. Bulk storage structures for petroleum products and other chemicals shall have
impervious secondary containment or equivalent adequate protection so as to contain all spills and prevent
any spilled material from entering State waters. Secondary containment shall be capable of containing the
combined volume of all the storage containers plus at least 10 percent freeboard. For secondary
containment that is used and may result in accumulation of stormwater within the containment, a plan shall
be implemented to properly manage and dispose of all accumulated stormwater which is deemed to be
contaminated (e.g., has an unusual odor or sheen).
(b) Lubricant Leaks. The Contractor shall inspect equipment, vehicles, and repair areas daily to ensure
petroleum, oils, and lubricants (POL) are not leaking onto the soil or pavement. Absorbent material or
containers approved by the Engineer shall be used to prevent leaking POL from reaching the soil or
pavement. The Contractor shall have onsite approved absorbent material or containers of sufficient
capacity to contain any POL leak that can reasonably be foreseen. The Contractor shall inform all Spill
Response Coordinators in accordance with the Spill Response Plan if unforeseen leakage is encountered.
All materials resulting from POL leakage control and cleanup shall become the property of the Contractor
and shall be removed from the site. Control, cleanup, and removal of by-products resulting from POL leaks
shall be performed at the Contractor's expense.
(c) Spill Response Plan. A spill Response Plan shall be developed and implemented to establish operating
procedures for handling potential pollutants and preventing spills.
The Response Plan shall contain the following information:
(1) Identification and contact information of each Spill Response Coordinator
(2) Locations of areas on project site where equipment fueling and servicing operations are permitted.
(3) Location of cleanup kits.
(4) Quantities of chemicals and locations stored on site.
(5) Label system for chemicals and Safety Data Sheets (SDS) for products.
(6) Clean up procedures to be implemented in the event of a spill that does not enter State waters or
ground water.
Procedures for spills of any size that enter surface waters or ground water, or have the potential to do
so. CDOT's Erosion Control and Stormwater Quality Guide contains Spill notification contacts and
(7)
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REVISION OF SECTION 208
EROSION CONTROL
phone numbers required in the Spill Response Plan.
(8) A summary of the employee training provided.
Information in items (1) through (8) shall be updated in the SWMP Notebook when they change.
208.07 Stockpile Management. Material stockpiles shall be located 50 horizontal feet away from State waters,
and shall be confined so that no potential pollutants will enter State waters and other sensitive areas as defined in
the Contract. Locations shall be approved by the Engineer.
Erodible stockpiles (including topsoil) shall be contained with acceptable BMPs at the toe (or within 20 feet of the
toe) throughout construction. BMPs shall be approved by the Engineer. The SWMP Administrator shall describe,
detail, and record the sediment control devices on the SWMP.
208.08 Limits of Disturbance. The Contractor shall limit construction activities to those areas within the limits of
disturbance shown on the plans and cross -sections. Construction activities, in addition to the Contract work, shall
include the on -site parking of vehicles or equipment, on -site staging, on -site batch plants, haul roads or work
access, and all other action which would disturb existing soil conditions. Staging areas within the LDA shall be as
approved by the Engineer. Construction activities beyond the limits of disturbance due to Contractor negligence
shall be restored to the original condition by the Contractor at the Contractor's expense. The SWMP
Administrator shall tabulate additional disturbances not identified in the CDPS_SCP application and indicate
changes to locations and quantities on the SWMP. The Contractor shall report the changes and additional
disturbances to the Engineer, Water Quality Control Division of CDPHE and all other involved agencies.
The Contractor shall pursue and stabilize all disturbances to completion.
208.09 Failure to Perform Erosion Control. Failure to implement the Stormwater Management Plan is a
violation of the CDPS — SCP and CDOT specifications. CDOT is obligated to implement enforcement
mechanisms in accordance with CDOT's MS4 Permit CO5000005 for Stormwater Management and erosion
control Best Management Practices. Penalties may be assessed to the Contractor by the appropriate agencies.
Penalties will be assessed by the Department as liquidated damages for failure to meet the Permit. All fines
assessed to the Department for the Contractor's failure to implement the SWMP will be deducted from moneys
due the Contractor in accordance with subsection 107.25(c) 2.
The Contractor will be subject to liquidated damages for incidents of failure to perform erosion control as required
by the Contract. Liquidated damages will be applied for failure to comply with the CDPS-SCP and these
specifications, including the following:
(1) Failure to include erosion control in the project schedule or failure to include erosion control in each
schedule update as specified in subsection 208.03(b).
(2) Failure of the Contractor to perform the inspections required by subsection 208.03(c) 2.
(3) Failure of the Contractor to implement necessary actions required by the Engineer as required by
subsection 208.03(c).
(4) Failure to amend the SWMP and implement BMPs as required by subsection 208.04.
(5) Failure to keep documentation and records current.
(6) Failure to construct or implement erosion control or spill containment measures required by the Contract, or
failure to construct or implement them in accordance with the Contractor's approved schedule as required
by subsection 208.06(c).
(7)
Failure to limit temporary stabilization to 20 or fewer acres as required by subsection 208.04 (e).
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REVISION OF SECTION 208
EROSION CONTROL
(8) Failure to replace or perform maintenance on an erosion control feature after notice from the Engineer or
from a water quality inspection as required by subsection 208.04(f).
(9) Failure to remove and dispose of sediment from BMPs as required.
(10) Failure to install and properly utilize a concrete washout structure for containing washout from concrete
placement operations.
(11) Failure to perform stabilization as required by subsection 208.04 (e).
(12) Failure of the Superintendent or designated representative to attend inspections as required by subsection
208.03(c) and record findings in the appropriate form.
(13) Failure to prevent discharges not composed entirely of stormwater from leaving the Construction Site.
(14) Failure to provide the survey of Permanent Water Quality BMPs when required on the project in accordance
with 208.10.
The Engineer will immediately notify the Contractor of each incident of failure to perform erosion control in
accordance with the CDPS-SCP and these specifications, including items (1) through (14) above by issuing the
Form 105. Correction shall be made as soon as possible but no later than 48 hours from the date of notification
to correct the failure. The Contractor will be charged liquidated damages in the amount of $970 for each day after
the 48 hour period has expired, that one or more of the incidents of failure to perform the requirements for each
Form 105 remains uncorrected. Liquidated damages will begin at Midnight of the date the 48 hours has expired.
This deduction will not be considered a penalty, but will be considered liquidated damages based on estimated
additional construction engineering costs. The liquidated damages will accumulate, for each cumulative day that
one or more of the incidents remain uncorrected. The number of days for which liquidated damages are assessed
will be cumulative for the duration of the project; that is: the damages for a particular day will be added to the total
number of days for which liquidated damages are accumulated on the project. The liquidated damages will be
deducted from any monies due the Contractor.
If all other failures are not corrected within 48 hours after liquidated damages have begun to be assessed, the
Engineer will issue a Stop Work Order in accordance with subsection 105.01. Work shall not resume until the
Engineer has approved a written corrective action plan submitted by the Contractor that includes measures to
prevent future violations and a schedule for implementation.
If the Contractor requires more than 96 hours to perform the corrective work from the date on the Form 105, the
Contractor shall submit a request for deferment. The deferment request shall be in writing and shall include the
specific failure, temporary measures until final correction is made, the methodology which will be employed to
make the correction and interim milestones to completing the work. The Region Water Pollution Control Manager
(RWPCM), Engineer, the SWMP Administrator and the Contractor shall concur on this deferral and set a
proposed date of completion. If approved, the Contractor shall complete the corrective measures by Midnight of
the proposed completion date. If corrective work is not corrected by the completion date the Engineer will issue a
Stop Work Order. Liquidated Damages will apply retroactively back to the 48 hours after the 105 date of
notification. Liquidated Damages will assessed until the corrective work has been completed and accepted.
Deferment of work to correct failures to perform erosion control will not affect the Contractor's other contractual
responsibilities, notifications for other non-compliance, nor the final completion date of the project. Liquidated
Damages for other non-compliance notifications will continue to apply during the deferment period in addition to
liquidated damages associated with the deferment.
Based on the submittal date of the approved deferment Liquated Damages and a Stop Work Order may not be
mandated to the Contractor.
Disagreements regarding the suggested corrective action for a BMP compliance issue between the Project
Engineer, SWMP Administrator, and Superintendent, shall be discussed with the Resident Engineer and Region
Water Pollution Control Manager. If after the discussions, the Project Engineer and the Contractor are still in
September 22, 2016
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REVISION OF SECTION 208
EROSION CONTROL
disagreement and feel that additional compensation is owed, the Contractor will follow the decision of the Project
Engineer, keep track of the costs and negotiate further with the Project Engineer. If after pursuing the issue, the
Contractor is unable to reach agreement with the Project Engineer, then the Contractor can follow the dispute
process outlined in subsection 105.22.
If the Contractor's corrective action plan and schedule are not submitted and approved within 96 hours of the
initial notice, the Engineer will issue a Stop Work Order and have an on -site meeting with the Superintendent,
SWMP Administrator, and the Superintendent's supervisor. This meeting will also be attended by the Resident
Engineer, the Region Water Pollution Control Manager, and the Region Program Engineer. This meeting will
identify and document needed corrective actions and a schedule for completion. If after the meeting, the
unacceptable work is not remedied within the schedule as agreed to in the meeting, the Engineer will take action
to effect compliance with the CDPS-SCP and these specifications by utilizing CDOT Maintenance personnel or
other non -Contractor forces and deduct the cost from any moneys due or to become due to the Contractor
pursuant to subsection 105.17. Delays due to these Stop Work Orders shall be considered non -excusable. The
Stop Work Order shall be in place until the project is in CDPS-SCP compliance.
If the Contractor remains non -responsive to requirements of the on -site meeting, the Engineer will start default or
Contract termination procedures in accordance with subsections 108.09 and 108.10.CDOT will proceed with
corrective or disciplinary action in accordance with the Rules for Prequalification, Debarment, Bidding and Work
on Transportation, Road, Highway and Bridge Public Projects.
When a failure meets any one of the following conditions, the Engineer will immediately issue a Stop Work Order
in accordance with subsection 105.01 irrespective of any other available remedy:
(1) It may endanger health or the environment.
(2) It consists of a spill or discharge of hazardous substances or oil which may cause pollution of the waters of
the state.
(3) It consists of a discharge which may cause a violation of a water quality standards.
208.10 Items to Be Completed Prior to Requesting Partial Acceptance of Water Quality Work.
(a) Reclamation of Washout Areas. After concrete operations are complete, washout areas shall be reclaimed in
accordance with subsection 208.05(n) at the Contractor's expense.
(b) Survey. When Permanent Water Quality BMPs (Permanent BMP) are required on the project, the Contractor
shall survey the BMPs to confirm that they conform to the configuration and grade shown on the Plans. The
survey shall conform to Section 625. The results of the survey shall be submitted as Microstation orAutoCad
drawing files and PDF files, showing both designed and final elevations and configurations. Paper versions of
the drawings shall be submitted with the stamp and seal of the Contractor's Surveyor.
The Engineer and the CDOT Hydraulics Engineer for the region will perform a walkthrough of the Permanent
BMPs to confirm conformance to material requirements, locations and dimensions of the Permanent BMPs.
Permanent BMPs not meeting the Contract requirements will be identified in writing by the Engineer, and shall
be repaired or replaced at the Contractor's expense. Correction surveys shall be performed at the
Contractor's expense to confirm the locations and dimensions of each Permanent BMP. Final as -built plans
of the Permanent BMPs shall be provided to the Engineer and the CDOT Region and Headquarter
Permanent Water Quality Control Specialist for their records.
(c) Locations of Temporary BMPs. The Engineer will identify locations where modification, cleaning or removal of
temporary BMPs are required, and will provide these in writing to the Contractor. Upon completion of work
required, the SWMP Administrator shall modify the SWMP to provide an accurate depiction of BMPS to
remain on the project site.
September 22, 2016
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REVISION OF SECTION 208
EROSION CONTROL
METHOD OF MEASUREMENT
208.11 Erosion Control Management will be measured as the actual number of days of ECM work performed
onsite, regardless of the number of ECIs required, including erosion control inspections, documentation, meeting
participation, SWMP Administration, and the preparation of the SWMP notebook.
Erosion bales will be measured by the actual number installed and accepted.
Silt fence, silt berms, erosion logs, aggregate bags, silt dikes, temporary berms, rock check dams, temporary
diversions, and temporary slope drains, will be measured by the actual number of linear feet that are installed and
accepted. Measured length will not include required overlap.
Concrete washout structure will be measured by the actual number of structures that are installed and accepted.
Storm drain inlet protection will be measured by linear foot or actual number of devices that are installed and
accepted.
Sediment trap quantities will be measured by the actual number installed and accepted.
Removal of trash that is not generated by construction activities will be measured by the actual number of hours
that Contractor workers actively remove trash from the project. Each week the Contractor shall submit to the
Engineer a list of workers and the hours spent collecting such trash.
Removal of accumulated sediment from traps, basins, areas adjacent to silt fences and erosion bales, and other
clean out excavation of accumulated sediment, and the disposal of such sediment, will be measured by the
number of hours that equipment, labor, or both are used for sediment removal.
Vehicle tracking pads will be measured by the actual number constructed and accepted.
Additional aggregate required for maintaining vehicle tracking pads will be measured as the actual number of
cubic yards installed and accepted.
BASIS OF PAYMENT
208.12 ECM and BMPs will be paid for at the Contract unit price for each of the items listed below that appear in
the bid schedule.
Payment will be made under:
Pay Item Pay Unit
Aggregate Bag Linear Foot
Concrete Washout Structure Each
Erosion Bales (Weed Free) Each
Erosion Control Management Day
Erosion Log (Type 1) ( Inch) Linear Foot
Erosion Log (Type 2) ( Inch) Linear Foot
Pre -Fabricated Concrete Washout Structure Each
Pre -Fabricated Vehicle Tracking Pad Each
Maintenance Aggregate (Vehicle Tracking Pad) Cubic Yard
Removal and Disposal of Sediment (Equipment) Hour
Removal and Disposal of Sediment (Labor) Hour
Removal of Trash Hour
Rock Check Dam Each
Sediment Basin Each
Sediment Trap Each
Silt Berm Linear Foot
Silt Dike Linear Foot
Silt Fence Linear Foot
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REVISION OF SECTION 208
EROSION CONTROL
Silt Fence (Reinforced)
Storm Drain Inlet Protection (Type_)
Storm Drain Inlet Protection (Type_)
Sweeping (Sediment Removal)
Temporary Berm
Temporary Diversion
Temporary Slope Drains
Vehicle Tracking Pad
Linear Foot
Linear Foot
Each
Hour
Linear Foot
Linear Foot
Linear Foot
Each
Payment for Erosion Control Management (ECM) will be full compensation for all labor, materials and equipment
necessary for the SWMP Administrator and Erosion Control Inspectors to perform all the work described in this
specification. This includes assembling items 5-19 and required updates to the SWMP Notebook on site.
The SWMP Administrator and ECI's commute times will not be measured and paid for separately, but shall be
included in the work.
Modifications to the SWMP Notebook due to construction errors or survey errors by the contractor shall be at the
Contractor's expense.
Temporary erosion control will be measured and paid for by the BMPs used. Surface roughening and vertical
tracking will not be measured and paid for separately but shall be included in the work. Payment for each BMP
item will be full compensation for all work and materials required to furnish, install, maintain and remove the BMP
when directed.
Payment for Removal and Disposal of Sediment (Equipment) will be full compensation for use of the equipment,
including the operator. Payment for Removal and Disposal of Sediment (Labor) will be full compensation for use
of the labor.
Payment for concrete washout structure, whether constructed or prefabricated, will be full compensation for all
work and materials required to install, maintain, and remove the item. Maintenance and relocation, as required, of
these structures throughout the duration of the project will not be measured and paid for separately, but shall be
included in the work.
Silt berm spikes will not be measured and paid for separately, but shall be included in the work. When required,
soil retention blankets will be measured and paid for in accordance with Section 216.Silt dike staples will not be
measured and paid for separately, but shall be included in the work.
Spray —on mulch blankets required by the Contract, including those used in both interim and final stabilization, will
be measured and paid for in accordance with Section 213.
Payment for storm drain inlet protection will be full compensation for all work, materials, and equipment required
to complete the item, including surface preparation, maintenance throughout the project, and removal upon
completion of the work. Aggregate will not be measured and paid for separately, but shall be included in the work.
Sweeping, when used as a BMP as shown in the Contract, will be measured by the number of hours that a pickup
broom or equipment capable of collecting sediment, authorized by the Engineer, is used to remove sediment from
the roadway or other paved surfaces. Each week the Contractor shall submit to the Engineer a statement
detailing the type of sweeping equipment used and the number of hours it was used to pick up sediment.
Operator will not be measured and paid for separately, but shall be included in the work.
September 22, 2016
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REVISION OF SECTION 208
EROSION CONTROL
Stakes, anchors, connections, geotextile, riprap and tie downs used for temporary slope drains will not be
measured and paid for separately, but shall be included in the work.
Payment for vehicle tracking pad will be full compensation for all work, materials and equipment required to
construct, maintain, and remove the entrance upon completion of the work. Aggregate and geotextile will not be
measured and paid for separately, but shall be included in the work. If additional aggregate for maintenance of
vehicle tracking pads is required, it will be measured by the cubic yard in accordance with Section 304 and will be
paid for under this Section.
Seeding, sod, mulching, soil retention blanket, and riprap will be measured and paid for in accordance with
Sections 212, 213, 216, and 506.
Geotextile (Erosion Control) (Class 2) will be measured and paid for in accordance with Section 420.
All work and materials required to perform the permanent BMP survey and furnish the electronic files shall be
included in the original unit price bid for surveying. Surveying will be measured and paid for in accordance with
Section 625.
Payment will be made for BMPs replaced as approved by the Engineer. Temporary erosion and sediment BMPs
required due to the Contractor's negligence, carelessness, or failure to install permanent controls as a part of the
work as scheduled or ordered by the Engineer or for the Contractor's convenience, shall be performed at the
Contractor's expense. If the Contractor fails to complete construction within the contract time, payment will not be
made for Section 208 pay items for the period of time after expiration of the contract time. These items shall be
provided at the Contractor's expense.
April 26, 2012
REVISION OF SECTION 212
SEED
Section 212 of the Standard Specifications is hereby revised for this project as follows:
In subsection 212.02 (a), delete the first paragraph and replace with the following:
(a) Seed. All seed shall be furnished in bags or containers clearly labeled to show the name and address of the
supplier, the seed name, the lot number, net weight, origin, the percent of weed seed content, the guaranteed
percentage of purity and germination, pounds of pure live seed (PLS) of each seed species, and the total
pounds of PLS in the container. All seeds shall be free from noxious weed seeds in accordance with current
state and local lists and as indicated in Section 213. The Contractor shall furnish to the Engineer a signed
statement certifying that the seed is from a lot that has been tested by a recognized laboratory for seed
testing within thirteen months prior to the date of seeding. The Engineer may obtain seed samples from the
seed equipment, furnished bags or containers to test seed for species identification, purity and germination.
Seed tested and found to be less than 10 percent of the labeled certified PLS and different than the specified
species will not be accepted. Seed which has become wet, moldy, or damaged in transit or in storage will not
be accepted.
January 31, 2013
1
REVISION OF SECTION 213
MULCHING
Section 213 of the Standard Specifications is hereby revised for this project as follows:
In subsection 213.01, delete the last paragraph and replace with the following:
This work includes furnishing and applying spray -on mulch blanket or bonded fiber matrix on top of rock cuts and
slopes after seeding or as temporary stabilization as shown on the plans or as directed by the Engineer.
In subsection 213.02, delete the eighth paragraph and replace with the following:
The hydromulch material for hydraulic mulching shall consist of virgin wood fibers manufactured expressly from
clean whole wood chips. The chips shall be processed in such a manner as to contain no growth or germination
inhibiting factors. Fiber shall not be produced from recycled materials such as sawdust, paper, cardboard, or
residue from pulp and paper plants. The wood cellulose fibers of the mulch must maintain uniform suspension in
water under agitation. Upon application, the mulch material shall form a blotter like mat covering the ground. This
mat shall have the characteristics of moisture absorption and percolation and shall cover and hold seed in contact
with the soil. The Contractor shall obtain certifications from suppliers that laboratory and field testing of their
product has been accomplished, and that it meets all of the foregoing requirements pertaining to wood cellulose
fiber mulch.
In subsection 213.02, delete the eleventh paragraph and replace with the following:
Material for mulch tackifier shall consist of a free -flowing, noncorrosive powder produced either from the natural
plant gum of Plantago Insularis (Desert Indianwheat) or pre -gelatinized 100 percent natural corn starch polymer.
The powders shall possess the following properties:
Plantago Insularis (Desert Indianwheat):
Property
(1) pH 1% solution
(2) Mucilage content
Requirement
6.5 - 8.0
75% min.
Pre -gelatinized 100 percent natural corn starch polymer:
(1) Organic Nitrogen as protein
(2) Ash content
(3) Fiber
(4) pH 1% solution
(5) Size
(6) Settleable solids
Test Method
ASTM D7047
5.5-7%
0-2%
4-5%
6.5 - 8.0
100% thru 850 microns (20 mesh)
<2%
All fibers shall be colored green or yellow with a biodegradable dye.
Delete the last paragraph in subsection 213.02 and replace with the following:
(a) Spray -on Mulch Blanket. Spray on mulch blanket shall be one of the following, unless otherwise shown on
the plans:
(1) Spray -on Mulch Blanket (Type 1) shall be a hydraulically applied matrix containing organic fibers, water
soluble cross -linked tackifier, reinforcing natural and/or synthetic interlocking fibers. Mulch Blanket (Type
1) shall conform to the following:
January 31, 2013
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REVISION OF SECTION 213
MULCHING
Properties
Organic Fibers
Cross linked Tackifiers
Reinforcing Interlocking Fibers
Biodegradability
Ground Cover @ Application
Rate
Functional Longevity
Cure Time
Application
Application Rate
Requirement
71% Min.
10% +/- 2% Min.
10% +/- 1% Min.
100%
90% Min.
12 Months Min.
8 hours
3,000 lb./acre
Test Method
ASTM D 2974
ASTM D 5338
ASTM D 6567
The organic fiber shall not contain lead paint, printing ink, varnish, petroleum products, seed germination
inhibitors, or chlorine bleach. The organic fibers and reinforcing interlocking fibers cannot be produced
from sawdust, cardboard, paper, or paper by-products.
(2) Spray -on Mulch Blanket (Type 2) shall be a hydraulically applied matrix pre-packaged in 50 pound bags
containing both a soil and fiber stabilizing compound and thermally processed wood fiber.
The sterilized weed -free wood fiber mulch shall be manufactured through a thermo-mechanical
defibrating process containing a specific range of fiber lengths averaging 0.25 inches or longer.
Mulch Blanket (Type 2) shall meet the following requirements:
Property
Fiber Retention On 28 -Mesh Screen
Moisture Content
Organic Matter
Ash Content
pH At 3% Consistency In Water
Sterilized Weed -Free
Non -Toxic To Plant Or Animal Life
Requirement
? 40%
12% + 2%
99.2% ± 0.2%
0.8% + 0.2%
4.5-7.0 ± 0.5%
Yes
Yes
Test Method
Tyler Ro-Tap Method
Total Air Dry Weight Basis
Oven Dry Weight Basis
Oven Dry Weight Basis
The soil and fiber stabilizing compound shall be composed of linear anionic copolymers of acrylamide
pre -packed within the bag having a minimum content of 1.0 percent. The compound shall conform to the
following:
Property
Molecular Weight
Charge Density
Non -Toxic To Plant Or Animal Life
Requirement
> 12x106
> 25%
Yes
(b) Bonded Fiber Matrices (BFM). BFM shall consist of hydraulically -applied matrix with a minimum of 70 percent
non-toxic thermally processed or refined long strand organic fibers and water soluble tackifier to provide
erosion control and designed to be functional for a minimum of 9 months. BFMs form an erosion -resistant
January 31, 2013
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REVISION OF SECTION 213
MULCHING
blanket that promotes vegetation and prevents soil erosion. The BFM shall be 100 percent biodegradable.
The binder in the BFM should also be biodegradable. Biodegradable BFMs should not be applied immediately
before, during, or immediately after rainfall if the soil is saturated. BFM shall conform to the following
requirements:
Property
Ground Cover (%)
Bio-degradability (%)
Functional Longevity (months)
Cure Time (hours)
Cross -linked tackifier
Requirement
95
100
9 month minimum
24-48
10% minimum
Application
Application Rate (lbs./Acre) 3000
Test Method
ASTM 6567
ASTM 5338
The fibers shall not contain lead paint, printing ink, varnish, petroleum products, seed germination inhibitors, or
chlorine bleach. Fiber shall not be produced from sawdust, cardboard, paper, or paper by-products.
In subsection 213.03 (b) 2, delete the second paragraph and replace with the following:
Application Rate: Apply this as an overspray at the following rate or as approved by the Engineer.
Powder Fiber
200 lbs./Acre 300 lbs./Acre
Water
2000 gal./Acre
In subsection 213.03, delete (f) and replace with the following:
(f)
Spray -on Mulch Blanket. Spray -on Mulch Blanket shall strictly comply with the Manufacturer's mixing
recommendations and installation instructions. No chemical additives with the exception of fertilizer, soil pH
modifiers, extended -term dyes and bio nutrients will be permitted. Apply Spray -on mulch blanket in a uniform
application using a minimum 22 degree arc type nozzle. Apply hydro slurry in two direction (from top of slope
down and from toe of the slope up, as well as, be applied at a minimum of two layers).
Hydromulching vessel shall be filled with water to at least 1/3 capacity (high enough to cover agitators) prior
to adding any material. Continue to fill vessel with water and slowly add the fibers while agitators are in
motion. Run agitators at 3/4 speed. Continue to mix tank a minimum of 10 minutes prior to application.
Co -polymer shall not be used use in channels, swales, or other areas where concentrated flows are
anticipated and should not be used on saturated soils that have groundwater seeps.
Subsection 213.03 shall include the following:
(g)
Bonded Fiber Matrices (BFM). Bonded fiber matrices shall strictly comply with the Manufacturer's mixing
recommendations and installation instructions. No chemical additives with the exception of fertilizer, soil pH
modifiers, extended -term dyes and bio stimulant materials shall be permitted. BFM shall be applied in a
uniform application using a minimum 22 degree arc type nozzle. Apply BFM in two direction (from top of
slope down and from toe of the slope up, as well as, be applied at a minimum of two layers.
Biodegradable BFMs should not be applied immediately before, during, or immediately after rainfall if the soil
is saturated.
January 31, 2013
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REVISION OF SECTION 213
MULCHING
Product shall not be used use in channels, swales, or other areas where concentrated flows are anticipated
and should not be used on saturated soils that have groundwater seeps.
Foot traffic, mechanical traffic or grazing shall not be permitted on treated areas until vegetated. Treated
areas damaged due to circumstances beyond Contractor's control shall be repaired or re -applied as ordered.
Payment for corrective work, when ordered, shall be at contract rates.
In subsection 213.04, delete the first paragraph and replace with the following:
The quantity of hay and straw mulch, wood chip mulch, wood fiber and, spray -on mulch tackifier, bonded fiber
matrix and tackifier will not be measured but shall be the quantity designated in the Contract, except that
measurements will be made for revisions requested by the Engineer, or for discrepancies of plus or minus
five percent of the total quantity designated in the Contract. Measurement for acres will be by slope
distances.
In subsection 213.04, delete the fourth paragraph and replace with the following:
Spray -on Mulch Blanket and Bonded Fiber Matrix will be measured by the acre or by the actual pounds of
product applied, as shown on the plans. The area will be calculated on the basis of actual or computed slope
measurements. The Contractor shall verify prior to application, weight of spray on mulch blanket and bonded
fiber matrix bags for certification of materials and application rate.
Subsection 213.05 shall include the following:
Payment will be made under:
Pay Item
Bonded Fiber Matrix
Bonded Fiber Matrix
Spray on Mulch Blanket
Pay Unit
Acre
Pound
Pound
Payment for spray -on mulch blanket and bonded fiber matrix will be full compensation for all work and materials
necessary to complete this item.
July 16, 2015
1
REVISION OF SECTION 216
SOIL RETENTION COVERING
Section 216 of the Standard Specifications is hereby deleted for this project and replaced with the following:
DESCRIPTION
216.01 This work consists of furnishing, preparing, applying, placing, and securing soil retention blankets and turf
reinforcement mats for erosion control on roadway slopes or channels as designated in the Contract.
MATERIALS
216.02 Soil retention covering shall be either a soil retention blanket or a turf reinforcement mat as specified in
the Contract. It shall be one of the products listed on CDOT's Approved Products List and shall conform to the
following:
(a) Soil Retention Blanket. Soil retention blanket shall be composed of degradable natural fibers mechanically
bound together between two slowly degrading synthetic or natural fiber nettings to form a continuous matrix
and shall conform to the requirements of Tables 216-1 and 216-2. The blanket shall be of consistent
thickness with the fiber evenly distributed over the entire area of the mat.
When specified lightweight polypropylene netting shall be 1.5 pounds per 1000 square feet; heavyweight
netting shall be 2.9 pounds per 1000 square feet.
When biodegradable blanket is specified, the thread shall be 100 percent biodegradable; polypropylene
thread is not allowed.
When photodegradable netting is specified the thread shall be polyester, biodegradable or photodegradable.
Blankets and nettings shall be non-toxic to vegetation and shall not inhibit germination of native seed mix as
specified in the Contract. The materials shall not be toxic or injurious to humans. Class 1 blanket shall be an
extended term blanket with a typical 24 month functional longevity. Class 2 blanket shall be a long term
blanket with a typical 36 month functional longevity. The class of blanket is defined by the physical and
performance characteristics.
1. Soil Retention Blanket (Straw -Coconut). Soil Retention Blanket (Straw -Coconut) shall be a machine
produced mat consisting of 70 percent certified weed free agricultural straw or Colorado native grass
straw and 30 percent coconut fiber. The blanket shall be either biodegradable or photodegradable.
Blankets shall be sewn together on a maximum 2 inch centers.
Netting shall be as follows:
When biodegradable netting is specified, the top and bottom netting shall be 100 percent biodegradable
organic jute fiber. Netting shall be constructed using a weave unattached at intersections which allows the
strands of the net to move independently of each other.
When photodegradable netting is specified, the bottom side shall be lightweight polypropylene. The top
side shall be heavyweight or lightweight polypropylene.
2. Soil Retention Blanket (Excelsior). Soil Retention Blanket (Excelsior) blanket shall consist of a machine
produced mat of 100 percent curled wood excelsior , 80 percent of which shall be 6 inches or longer in
fiber length. It shall be either biodegradable or photodegradable. Blankets shall be sewn together at a
maximum of 4 inch centers.
Netting shall be as follows:
When biodegradable netting is specified, the top and bottom netting shall be 100 percent biodegradable
organic jute fiber. Netting shall be constructed using a weave unattached at intersections which allows the
strands of the net to move independently of each other.
When photodegradable netting is specified, the bottom side shall be lightweight polypropylene. The top
side shall be heavyweight or lightweight polypropylene.
3. Soil Retention Blanket (Coconut). Soil Retention Blanket (Coconut) shall be a machine produced mat
consisting of 100 percent coconut fiber. It shall be either biodegradable or photodegradable.
July 16, 2015
2
REVISION OF SECTION 216
SOIL RETENTION COVERING
Netting shall be as follows:
When biodegradable netting is specified, the top and bottom netting shall be 100 percent biodegradable
organic jute fiber. Netting shall be constructed using a weave which is unattached at the intersections,
and which allows the strands of the net to move independently of each other.
When photodegradable netting is specified, the bottom and top side shall be heavyweight polypropylene.
Table 216-1
PHYSICAL REQUIREMENTS FOR SOIL RETENTION BLANKET —
PHOTODEGRADABLE OR BIODEGRADABLE BLANKETS
Photo/Bio
Degradable
Class
Minimum
Roll
Width
Minimum
Thickness
A6525STM D
Acceptable
Matrix Fill
Material
Min.
Mass
per Unit
Area
ASTM D
6475
Size of Net Opening
Photo-
degradable
Bio-
degradable
Minimum:
Minimum:
1
6.5 ft.
250 mils
Straw/Coconut
8 oz/sy
0.50"x0.50"
0.50"x0.50"
Maximum:
Maximum:
0.75"x0.75"
0.5"x1.0"
Minimum:
0.50"x0.50"
1
6.5 ft.
250 mils
Excelsior
8 oz/sy
NONE
Maximum:
1.0"x2.0"
Minimum:
Minimum:
0.50" x0.5"
0.50"x0.50"
2
6.5 ft.
200 mils
Coconut
8oz/sy
Maximum:
Maximum:
0.75"x0.75"
0.5"x1.0"
Table 216-2
PERFORMANCE REQUIREMENTS FOR SOIL RETENTION BLANKET -
PHOTODEGRADABLE OR BIODEGRADABLE BLANKETS
Photo/Bio
Degradable
Class
Slope Application
"C" Factor'
ASTM D 6459
Minimum
Tensile 5zrength
MD
ASTM D 6818
1
< 0.10@3:1
8.33 lb/in
2
< 0.10@3:1
10.42 lb/in
Notes:
1 "C" Factor calculated as ratio of soil loss from soil
retention blanket protected slope (tested at specified or
greater gradient, 3H:1V) to ratio of soil loss from
unprotected (control) plot in large-scale testing.
2 MD is for machine direction testing (along the length of
the roll).
Blankets shall be tested for physical properties and have published data from an independent testing facility.
Large scale testing of Slope Erosion Protection ("C" factor) shall be performed by an independent testing
facility.
July 16, 2015
3
REVISION OF SECTION 216
SOIL RETENTION COVERING
(b) Turf Reinforcement Mat. Turf reinforcement mat (TRM) shall be a rolled mat consisting of UV stabilized,
corrosion resistant, non -degradable synthetic fibers, filaments, or nets processed into a permanent three-
dimensional matrix of the thickness specified in Tables 216-3 and 216-4. TRMs shall provide sufficient
thickness, strength and void space to permit soil filling and retention, and the development of vegetation
within the matrix. The class of TRM is defined by the physical and performance characteristics as specified
in the following tables.
Table 216-3
PHYSICAL REQUIREMENTS1 FOR TURF REINFORCEMENT MAT
Product
Class
Minimum
Roll Width
Minimum
Thickness
ASTM D 6525
Acceptable
Matrix Fill
Material2
Size of Net 0pening2
1
6.5 ft.
250 mils
Excelsior,
Straw/Coconut,
Coconut, or Polymer
fibers
Minimum:
0.50"x0.50"
Maximum:
0.75"x0.75"
2
6.5 ft.
250 mils
100% UV Stabilized
Synthetic or
Coconut Fibers
Maximum 0.50"x 0.50"
3
6.5 ft.
250 mils
100% UV Stabilized
Synthetic Fibers
Maximum 0.50"x 0.50"
Notes:
1 For TRMs containing degradable components, all property values shall be obtained on the
non -degradable portion of the matting alone.
2 For TRMs with nets and fill material. Netted TRMs shall be sewn together on a maximum 2
inch centers.
Table 216-4
PERFORMANCE REQUIREMENTS FOR TURF REINFORCEMENT MAT
Product
Class
Tensile Strength
MD
ASTM D 6818
Minimum UV
Stability @ 500
Hours ASTM D
4355
Minimum
Permissible Shear
Stress'
(Unvegetated)
ASTM D 6460
1
125 lbs/ft
80%
1.8 lbs/sf
2
150 lbs/ft
80%
2.5 lbs/sf
3
175 lbs/ft
80%
3.1 lbs/sf
Notes:
1 Permissible shear stress is the minimum shear stress that a product must
be able to sustain when placed on a channel un-vegetated without physical
damage or excess soil loss. Failure is defined as 1/2 inch of soil loss during
a 30 minute flow event in large scale testing.
TRMs shall be tested for physical properties and have published data from an independent testing facility.
Large scale testing of Permissible Shear Stress will be performed by an independent testing facility.
(c) Staples. Staples shall be made of ductile steel wire, 0.165 inches in diameter, 8 inches long and have a 1
inch crown. "T" shaped staples will not be permitted.
A sample of the staples and a Certificate of Compliance (COC) including the manufacturer's product data
showing that the product meets the Contract requirements shall be submitted for approval at the
July 16, 2015
4
REVISION OF SECTION 216
SOIL RETENTION COVERING
environmental preconstruction conference. Installation of the blanket will not begin until approval has
been received from the Engineer in writing.
(d) Earth Anchors. The mechanical earth anchor shall be composed of a load bearing face plate, a tendon
rod or wire rope, and a locking head or percussion anchor. Each element of the anchor shall be
composed of corrosion resistant materials. The anchor and wire rope shall have a breaking strength of
9,500 pounds utilizing standard tensile testing and ASTM A1007 - 07. The anchor shall have a minimum
1,000 pounds ultimate holding strength in normal soil and a manufacturer's recommended minimum
driven depth of 3.5 feet.
A sample of the anchors and a Certificate of Compliance (COC) including the manufacturer's product data
showing that the product meets the Contract requirements shall be submitted for approval at the
environmental preconstruction conference. Installation of the blanket will not begin until approval has
been received from the Engineer in writing.
CONSTRUCTION REQUIREMENTS
216.03 The Contractor shall install soil retention coverings in accordance with Standard Plan M-216-1 and the
following procedure:
(1) Prepare soil in accordance with subsection 212.06 (a). .
(2) Apply topsoil or soil conditioning as directed in the Contract to prepare seed bed.
(3) Place seed in accordance with the Contract.
(4) Unroll the covering parallel to the primary direction of flow.
(5) Ensure that the covering maintains direct contact with the soil surface over the entirety of the installation area.
(6) Do not stretch the material or allow it to bridge over surface inconsistencies.
(7) Staple the covering to the soil such that each staple is flush with the underlying soil.
(8) Ensure that staples or earth anchors are installed full depth to resist pull out. No bent over staples will be
allowed. Install anchor trenches, seams, and terminal ends as shown on the plans.
The Contractor shall install TRMs using the following procedure:
(1) Place 3 inches of topsoil or soil amended with soil conditioning.
(2) Apply half of the specified seed at the broadcast rate and rake into soil.
(3) Install TRM
(4) Place 1 inch of topsoil or soil amended with soil conditioning into the matrix to fill the product thickness.
(5) Apply the remaining half of the specified seed at the broadcast rate and rake into soil.
(6) Install soil retention blanket (Photodegradable or Biodegradable Class 1) over the seeded area and TRM.
When applicable, the covering shall be unrolled with the heavyweight polypropylene netting on top and the
lightweight polypropylene netting shall be in contact with the soil.
216.04 Slope Application. Soil retention coverings shall be installed on slopes as follows:
The upslope end shall be buried in a trench 3 feet beyond the crest of the slope if possible. Trench depth shall be
a minimum of 6 inches unless required by the manufacture to be deeper. Before backfilling begins, staples shall
be placed across the width of the trench. The trench shall then be backfilled to grade with soil amended with soil
conditioning or topsoil, compacted by foot tamping, and seeded. Fabric shall be brought back over trench and
secured with staples or earth anchors at 1 foot on center.
There shall be an overlap wherever one roll of fabric ends and another begins with the uphill covering placed on
top of the downhill covering. Staples shall be installed in the overlap.
There shall be an overlap wherever two widths of covering are applied side by side. Staples shall be installed in
the overlap.
Staple checks shall be installed on the slope length at a maximum of every 35 feet. Each staple check shall
consist of two rows of staggered staples.
July 16, 2015
5
REVISION OF SECTION 216
SOIL RETENTION COVERING
The down slope end shall be buried in a trench 3 feet beyond the toe of slope. Before backfilling begins, staples
shall be placed across the width of the trench. The trench shall then be backfilled to grade with soil amended with
soil conditioning or topsoil, compacted by foot tamping, and seeded. Fabric shall be brought back over trench and
secured with staples or earth anchors. If a slope runs into State waters or cannot be extended 3 feet beyond the
toe of slope, the end of covering shall be secured using a staple check as described above.
Coverings shall be securely fastened to the soil by installing staples or earth anchors at the minimum rate shown
on the Standard Plan M-216-1. Staple or earth anchor spacing shall be reduced where required due to soil type or
steepness of slope.
216.05 Channel Application. Soil retention coverings shall be installed as follows on a channel application:
Coverings shall be anchored at the beginning and end of the channel across its entire width by burying the end in
a trench. Trench depth shall be a minimum of 6 inches, unless a larger depth is specified by the manufacturer
recommendations. Before backfilling begins, staples shall be placed across the width of the trench. The trench
shall then be backfilled to grade with soil amended with soil conditioning or topsoil and compacted by foot
tamping, and seeded. Fabric shall be brought back over the trench and stapled.
Covering shall be unrolled in the direction of flow and placed in the bottom of the channel first. Seams shall not
be placed down the center of the channel bottom or in areas of concentrated flows when placing rolls side by
side.
There shall be an overlap wherever one roll of covering ends and another begins with the upstream covering
placed on top of the downstream covering. Two rows of staggered staples shall be placed.
There shall be an overlap wherever two widths of covering are applied side by side. Staples shall be placed in the
overlap.
The covering shall have a channel check slot every 30 feet along the gradient of the flowline. Check slots shall
extend the entire width of the channel. The covering shall be buried in a trench. Before backfilling begins, staples
shall be placed across the width of the trench. The trench shall then be backfilled to grade with soil amended with
soil conditioning or topsoil, compacted by foot tamping, and seeded. Fabric shall be brought back over trench and
continued down the channel.
Coverings shall be securely fastened to the soil by installing staples at the minimum rate shown on the plans.
Staple spacing shall be reduced where needed due to soil type or high flows.
216.06 Maintenance. The Contractor shall maintain the soil retention coverings until all work on the Contract has
been completed and accepted. Maintenance shall consist of the repair of areas where damage is due to the
Contractor's operations. Maintenance shall be performed at the Contractor's expense. Repair of those areas
damaged by causes not attributable to the Contractor's operations shall be repaired by the Contractor and will be
paid for at the contract unit price. Areas shall be repaired to reestablish the condition and grade of the soil and
seeding prior to application of the covering.
METHOD OF MEASUREMENT
216.07 Soil retention coverings, including staples, complete in place and accepted, will be measured by the
square yard of finished surface, excluding overlap, which is installed and accepted. Earth Anchors will be
measured by the actual number of earth anchors complete in place and accepted.
July 16, 2015
6
REVISION OF SECTION 216
SOIL RETENTION COVERING
BASIS OF PAYMENT
216.08 The accepted quantities of soil retention coverings will be paid for at the contract unit price per square
yard. The accepted quantities of earth anchors will be paid for at the contract unit price per each installed.
Payment will be made under:
Pay Item Pay Unit
Soil Retention Blanket L) (Photodegradable Class _) Square Yard
Soil Retention Blanket ( ) (Biodegradable Class _) Square Yard
Turf Reinforcement Mat (Class _) Square Yard
Earth Anchors Each
Preparation of seedbed, fertilizing, and seeding will be measured and paid for in accordance with Section 212.
Placing and preparation of seedbed, fertilizing, and seeding of soil under the TRM layer will be measured and
paid for in accordance with Section 212.
Topsoil or amended soil and seed placed on the TRM will be measured and paid for in accordance with Sections
207 and 212.
Staples will not be measured and paid for separately, but shall be included in the work.
January 15, 2015
1
SECTION 250
ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT
Section 250 of the Standard Specifications is hereby deleted for this projected and replaced with the following:
DESCRIPTION
250.01 This work consists of protection of the environment, persons, and property from contaminants that may
be encountered on the Project. This includes monitoring the work for encounters with contaminants or suspected
soil and groundwater contaminants; the management of solid, special, and hazardous waste; and management of
visual emissions associated with hazardous waste, when encountered on the project.
250.02 The Contractor shall furnish all personnel, materials, equipment, laboratory services and traffic control
necessary to perform the contamination monitoring, testing, and site remediation when required. Traffic control
shall be in accordance with the requirements of Section 630.
Monitoring equipment used to detect flammable gas, oxygen level, and toxic gas shall be capable of detection to
meet the following standards:
Instrument Detection
Constituent
Threshold Limit
Increments
Flammable Gas
1% LEL
1%
Oxygen
19%
0.1%
Toxic Gas
1 PPM
1 PPM
LEL = lower explosive limit
PPM = parts per million
CONSTRUCTION REQUIREMENTS
250.03 General. Prospective bidders, including subcontractors, are required to review the environmental
documents available for this project. These documents are listed in subsection 102.05 as revised for this project.
This project may be in the vicinity of property associated with petroleum products, heavy metal based paint,
landfill, buried foundations, abandoned utility lines, industrial area or other sites which can yield hazardous
substances or produce dangerous gases. These hazardous substances or gases can migrate within or into the
construction area and could create hazardous conditions. The Contractor shall use appropriate methods to
reduce and control known landfill, industrial gases, and visible emissions from asbestos encounters and
hazardous substances which exist or migrate into the construction area. The Contractor shall follow CDOT's
Asbestos -Contaminated Soil Management Standard Operating Procedure, dated August 22, 2011 for proper
handling of asbestos -contaminated soil, and follow all applicable Solid and Hazardous Waste Regulations for
proper handling of soils encountered that contain any other substance mentioned above.
Encountering suspected contaminated material, including groundwater, old foundations, building materials,
demolition debris, or utility lines that may contain asbestos or be contaminated by asbestos, is possible at some
point during the construction of this project. When suspected contaminated material, including groundwater, is
encountered or brought to the surface, the procedures under subsection 250.03(d) and 250.05 shall be followed.
Transportation of waste materials on public highways, streets and roadways shall be done in accordance with
Title 49, Code of Federal Regulations (CFR). All labeling, manifesting, transportation, etc. of waste materials
generated on this project shall be coordinated with the Engineer. All hazardous waste manifests for waste
materials generated on this project shall list the Colorado Department of Transportation as the generator of the
waste materials except as otherwise noted. If the Contractor contaminates the site, the Contractor shall be listed
as the generator on the hazardous waste manifests, permits, and other documents for such material. If the
project is not on a State Highway or frontage road, then the appropriate local governmental entity having
jurisdiction over the transportation system facility shall be listed as the hazardous waste generator.
If waste materials must be handled in a permitted treatment, storage and disposal (TSD) facility, the facility shall
January 15, 2015
2
SECTION 250
ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT
be designated in writing by the Engineer. If the waste materials are the result of the Contractor's actions, the
Contractor shall designate the facility.
The hazardous waste transportation phase of the work involves insurance required by law and regulations. If the
waste materials are determined to be hazardous, the Contractor must submit proof that the transportation
company is covered by the appropriate type and amount of insurance required by laws and regulations governing
the transportation of hazardous waste.
The Contractor alone bears the responsibility for determining that the work is accomplished in strict
accordance with all applicable federal, state and local laws, regulations, standards, and codes governing
special waste, petroleum and hazardous substance encounters and releases.
The Contract will list known or suspected areas of contamination. Health and Safety Officer, Monitoring
Technician, and Health and Safety Plan shall be required when so stated in the Contract.
(a) Health and Safety Officer (HSO). The Contractor shall designate a HSO, not the project superintendent, who
shall have at least two years field experience in chemical related health and safety. The HSO shall be either
a certified industrial hygienist (CIH), certified hazardous materials manager (CHMM), professional engineer
(PE) licensed in the State of Colorado, certified safety professional (CSP), or registered environmental
manager (REM) meeting the criteria set forth in 29 CFR 1926. When asbestos is present or is suspected to
be present, the HSO shall have additional training and certification in accordance with the Air Quality Control
Commission Regulation No. 8 Part B. The HSO shall meet the minimum training and medical surveillance
requirements established by the Occupational Safety and Health Administration (OSHA) and the
Environmental Protection Agency (EPA) for a supervisory Site Safety Official per 29 CFR 1962.65. The
Contractor shall furnish documentation to the Engineer, at the preconstruction conference, that the above
requirements have been met. 250.03.
The HSO shall be equipped with the following:
(1) Communication equipment as required in subsection 250.03(d)2.A. and a vehicle.
(2) Monitoring and detection equipment for flammable gas, oxygen sufficiency, toxic gas, radiological
screening and other hazards. This includes, as required, a combustible gas indicator, flame ionization or
photo ionization detector, oxygen meter, radiation monitor with Geiger Mueller detector and other
foreseeable equipment.
(3) Depth gauging equipment, sampling equipment and sampling containers.
(4) Personal protective equipment (levels C and D) when required.
The HSO shall recommend and supervise those actions which will minimize the risk of hazardous substance
related injury to the workers, Department personnel, the general public, property and the environment.
Hazardous substance is defined in 29 CFR 1926.32. The HSO shall prepare written procedures for the
monitoring of confined space entry and working in or near excavations, including but not limited to trenches
and drill holes associated with this project. The HSO shall conduct or supervise all hazardous substance
and solid waste related testing, sampling, monitoring and handling for this project to ensure compliance with
applicable statutes and regulations, and other applicable environmental requirements under subsections
107.01 and 107.02.
The HSO shall be available for consultation and assistance with contaminated materials related testing,
sampling, and field monitoring as required by the Engineer.
The HSO shall prepare and submit a bound and indexed final site report to the Engineer at the end of the
project. This site report shall include a detailed summary of all contaminated materials and contaminated
water that were encountered and their final disposition.
During each week the HSO is utilized, the HSO shall prepare a daily diary which shall be submitted to the
Contractor and the Engineer. This diary shall be submitted at the end of the week and shall become a part
January 15, 2015
3
SECTION 250
ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT
of the Department's records. The diary shall contain a chronological log of activities on the project
including: dates and times on site, equipment used and calibrations, field monitoring results, visual
observations, conversations, directives both given and received, and disposition of suspected hazardous
substances. The Engineer will review this submittal and approve the actual number of hours to be paid.
(b) Monitoring Technician (MT). The Contractor shall designate a monitoring technician to be responsible for
monitoring of hazardous substances during work on the project. The MT shall have a minimum of two years
of actual field experience in assessment and remediation of hazardous substances that may be encountered
during highway construction projects. The MT shall be experienced in the operation of monitoring devices,
identifying substances based upon experience and observation, and field sampling (for testing) of all media
that may be found on the site. Completion of the 40 hour hazardous waste and 8 hour supervisory training
required by OSHA and U.S. EPA rules and regulations which complies with the accreditation criteria under
the provisions of the proposed 29 CFR 1910.121 is required prior to beginning work. The Contractor shall
furnish documentation at the Preconstruction Conference that demonstrates these requirements have been
met.
The MT shall be equipped with the following:
(1) Communication equipment as required in subsection 250.03(d)2.A. and a vehicle.
(2) Monitoring and detection equipment for flammable gas, oxygen sufficiency, toxic gas, radiological
screening and other hazards. This includes, as required, a combustible gas indicator, flame ionization or
photo ionization detector, oxygen meter, radiation monitor with Geiger Mueller detector and other
foreseeable equipment.
(3) Personal protective equipment (levels C and D) when required.
The MT shall be present on site and perform monitoring as required by 250.03(d) when work is being
performed in areas of suspected contamination and on a predetermined basis throughout other work on the
project.
The MT shall monitor for compliance with regulations, the project Health and Safety Plan and the Materials
Management Plan (if they exist for the project), the Contract, and the environmental documents for the
project. The MT shall immediately notify the Contractor, the Engineer and the HSO of any hazardous
condition.
During each week the MT is utilized, the MT shall prepare a daily monitoring diary which shall be submitted
to the Contractor, HSO and the Engineer. This diary shall be submitted at the end of the week and shall
become a part of the Department's records. The diary shall contain a chronological log of activities on the
project including: dates and times on site, equipment used and calibrations, field monitoring results, visual
observations, conversations, directives both given and received, and disposition of suspected hazardous
substances. The Engineer will review this submittal and approve the actual number of hours to be paid.
(c) Health and Safety Plan (HASP). The HSO shall prepare a written HASP for the project, formatted as
shown in Appendix B, Occupational Safety and Health Guidance Manual for Hazardous Waste Site
Activities, DHHS (NIOSH) Publication Number 85-115, available from the Superintendent of Documents,
U.S. Government Printing Office. The Contractor and the HSO shall review the environmental documents
listed prior to preparation of the HASP.
Four signed copies of the HASP shall be furnished to the Engineer for acceptance. The Engineer shall have
seven calendar days to review and accept or reject the proposed HASP. Within five calendar days after
acceptance, the HSO shall distribute signed and stamped (or sealed) copies of the accepted HASP to each
emergency response agency servicing the project area, the HASP designated emergency hospital, and five
copies to the Engineer. Earth or demolition work shall not occur until after the HASP is accepted and the
HASP has been distributed. The HASP shall also be available to the Contractor's employees, their
representatives, and officials of OSHA, EPA, Colorado Department of Public Health and Environment
(CDPHE), local government health department, Federal Highway Administration, and other appropriate
January 15, 2015
4
SECTION 250
ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT
agencies and officials as may be designated by the Engineer. The Engineer will distribute the accepted
HASP to appropriate Department personnel. The HASP shall be kept current and shall be revised by the
HSO as warranted by changes in the field conditions.
All on -site workers (Contractor's, Department's, Utilities', and others) shall be briefed by the HSO on the
contents of the HASP and any revisions thereof. The HSO shall conduct briefings (group or individual) to
inform new employees, subcontractors, utility companies and other on -site workers of the HASP contents
prior to their entry on site. All personnel involved in excavation or other soil disturbing activities shall receive
the required two-hour Asbestos Awareness training by a Certified Asbestos Inspector, when asbestos
discoveries are anticipated, or discoveries are made. A signature log of all briefing attendees shall be kept
and furnished to the Engineer. The Contractor shall provide, as required, eye wash equipment and stations,
emergency showers, hand and face washing facilities and first aid equipment.
The Contractor shall provide, as required, decontamination facilities for personnel and equipment employed
in the work. The exact procedure for decontamination and frequency shall be included in the accepted
HASP. Decontamination facilities shall meet the criteria set forth in the Code of Federal Regulations (29
CFR and 40 CFR).
(d) Precautions and Procedures. The following minimum precautions and procedures shall be followed during
the construction of the project:
1. General construction precautions:
A. All monitoring and piezometer wells and test borings shall be established or abandoned by the
Contractor as regulated by the State Engineer's Office. Copies of all required permits, notification,
and abandonment documents shall be submitted to the Engineer prior to payment approval.
B. Hazardous substance related activities shall have a work plan for each work phase which shall be
coordinated with the Engineer at least three working days prior to commencement of each phase of
the work.
C. The Contractor shall properly handle all investigation derived waste generated by this project.
Documentation shall be submitted to the Engineer of all tests performed for Treatment, Storage
and Disposal (TSD) determination; classification of waste; hauling records; TSD acceptance;
manifest (if required); etc. in accordance with applicable laws and regulations.
D. When the work may involve air emissions, the Contractor shall contact the Colorado Department
of Public Health and Environment (CDPHE), Air Pollution Control Division to ascertain if an air
pollution emission notice (APEN) or permit is required for this operation. The Contractor shall be
responsible for filing the APEN and obtaining said permit, if required. The processing of air
pollution permits, if required, in non -attainment areas or where public hearings are required,
likely will take more than 90 days.
2. For construction on a known or potentially contaminated site, the following conditions shall apply, in
addition to those listed in subsection 250.03(d)1:
A. The HSO shall be on site or readily available by radio, telephone or pager at all times during the work.
When on site, the HSO shall have an operational portable or mobile cellular telephone available for
immediate use in areas where such service is available. When on site in cellular telephone non -
service areas, the HSO shall have available, for immediate use, radio access to a site with telephone
service. The HSO shall be notified at least 24 hours prior to the start of confined space entry, storage
tank removal, drilling, excavation, trenching, or dewatering operations.
B. The HSO shall designate the onsite monitoring equipment for flammable gases, oxygen deficient or
enriched atmosphere, and toxic gases, such as but not limited to, a flame ionization detector,
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photoionization detector, combustible gas indicator, and oxygen meter. This designated equipment
shall be on site during all construction operations and be utilized during trenching, drilling, excavating,
confined space entry, underground storage tank removal, and other appropriate construction
operations. The exact equipment to fulfill this requirement shall be specified in the accepted HASP.
The HSO shall conduct or supervise the monitoring. The monitoring equipment shall be calibrated as
recommended by the manufacturer.
C. When drilling, trenching, or excavating in the presence of detectable concentrations of explosive
gases, the soil shall be wetted and the operating equipment shall be provided with spark proof
exhausts.
D. The Contractor, through the HSO, is responsible for ensuring that 29 CFR 1926 is fully complied with
during the construction of the project.
E. Affected excavation operations shall be discontinued and personnel shall be removed from the
affected excavation sites where any of the following levels are detected:
(1) 20.0 percent or more LEL flammable gas, or 10.0 percent in an underground or confined space,
(2) Permissible Exposure Limit (PEL) of any toxic gas,
(3) 19.5 percent or less oxygen,
(4) 25.0 percent or more oxygen,
(5) Greater than 2 mrem/hr. (Beta particle & photon radioactivity),
(6) Greater than 15 pCi/L (Gross alpha particle activity), or
(7) Other action levels as determined by the HSO.
(8) Uncovering of suspect Asbestos Containing Material (ACM), including but not limited to, buried
facility components, active or abandoned utility lines, buried foundations and demolition debris, or
miscellaneous ACM dispersed in the soil. The Contractor shall follow the procedures outlined in
the HASP and 29 CFR 1926 to address these conditions. Work shall resume in these areas
when approved by the Engineer.
F. Personnel shall be issued and utilize appropriate Health and Safety equipment as determined by the
HSO, who shall provide the Engineer with a written explanation of what personal protective
equipment (PPE) shall be worn, when, and by which personnel. Except in emergency cases, the
Engineer shall be advised by the HSO of changes in the degree of PPE prior to implementation.
G. Personnel shall avoid the area immediately downwind of any excavation unless the excavation is
monitored and declared safe.
H. The operators of excavating, trenching, or drilling equipment shall wear appropriate PPE as required
in the HASP.
I. Exhaust blowers shall be present at the location where required in the accepted HASP.
J. The Contractor shall accomplish the work with employees who have been trained and equipped as
required by the HASP and applicable provisions of 29 CFR 1910 and 29 CFR 1926.
K. Fire extinguishers, electrical equipment and wiring shall conform to the applicable requirements of 29
CFR 1926 and 49 CFR.
L. Smoking shall not be permitted within 50 feet of any excavation.
3. For construction within 1000 feet of a known or potentially contaminated site, the following conditions, in
addition to those listed in subsection 250.03(d) 1. shall apply:
A. The areas under construction shall be checked with a combustible gas indicator before excavation
begins to determine if flammable or combustible gas is in the area.
B. Excavations, trenches and drill holes shall be monitored by the HSO for flammable gas, toxic gas and
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oxygen deficiency or enrichment. This shall be carried out continuously unless the presence of
flammable, combustible or toxic gas, or oxygen deficiency or enrichment in the area can be ruled out
by the HSO. The recommendation to discontinue monitoring must be agreed to by the Engineer and
the Contractor. Prior to implementation, this agreement shall be written, and shall contain specific
conditions that will require re-evaluation of the area.
C. When flammable or toxic gas is found in the area, those precautions and procedures in subsection
250.03(d)2 shall apply.
4. The following procedures shall be followed if the level of contamination as documented in the
environmental documents referenced in subsection 102.05 as revised for this project is exceeded, or if
previously unidentified contaminated air, soil or water, is encountered during the construction of the
project:
A. Work in the immediate area of the release or discovery of contamination shall cease. The Engineer
shall be immediately notified.
B. If no HSO is required by the Contract, the Contractor shall designate an HSO as directed, in
accordance with subsection 250.03(a).
C. The Engineer may direct the HSO to evaluate the material for potential hazardous substance or other
contamination or unsafe conditions. This evaluation may include, but is not limited to, on site field
monitoring, on site testing, and on or off site laboratory analysis. Removal of storage tanks and
surrounding contaminated soils shall be in accordance with applicable laws, regulations and
established procedures. If the contaminated material cannot be placed in the embankment or
remediated on site, it must be removed to an appropriate TSD facility, as designated in writing by the
Engineer. The HSO shall supervise the necessary testing required to make appropriate TSD
determinations. Disposal of the unsuitable material shall be considered as remediation work as
described in subsection 250.03(d)4.D and 250.03(d)4.E.
D. If this site is determined to be contaminated with petroleum products, hazardous substances or other
solid waste in excess of that indicated in the above listed site investigation documents, a thorough
Site Investigation and Waste Management Plan shall be accomplished under the supervision of the
HSO The Site Investigation and Waste Management Plan shall be submitted to the Engineer for
approval and shall determine the extent of contamination and propose at least three types of remedial
action for the contaminated area as required by applicable statutes and regulations. The HSO shall
be available to assist the Engineer in explaining this study to the regulatory agencies. When
requested by the Engineer, the Contractor shall prepare a Remediation Plan based on the selected
remedial method, and shall submit this to the Engineer for approval. The time required for the
Engineer's review of the Remediation Plan, including all necessary drawings, calculations,
specifications, and other documentation will not exceed four weeks after a complete submittal is
received. This work shall not be done unless authorized in writing by the Engineer.
E. If the site is determined to be contaminated with petroleum products; hazardous chemicals, materials,
or wastes; or other solid wastes, and is required to be remediated, the HSO or other qualified
individuals will supervise the Remediation Plan implementation as concurred to by the regulatory
agencies, as directed. Hazardous Waste generated by remedial activities shall list the Colorado
Department of Transportation as the hazardous waste generator on the required paperwork for
projects on State Highways and their associated frontage roads. If this project is not on a State
Highway or frontage road, then the appropriate local governmental entity having jurisdiction over the
transportation system facility shall be listed as the hazardous waste generator. If the waste
disturbed or produced was caused by Contractor negligence, the Contractor shall be listed as the
hazardous waste generator. Remediation work shall be done only when authorized by the Engineer
in writing.
250.04 Heavy Metal Based Paint Management. When the work includes the removal of paint or items covered
with paint which may contain lead, chromium or other heavy metals, the requirements of this subsection shall
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apply in addition to the requirements of subsection 250.03.
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The requirements of the HASP shall be in accordance with OSHA Publication Number 3142, Working with
Lead in the Construction Industry.
Paint Removal and Waste Disposal work shall be performed in accordance with 29 CFR 1926.62, State and local
air quality regulations, the Steel Structures Painting Council (SSPC) Guide for Containing Debris Generated
During Paint Removal Operations, the Industrial Lead Paint Removal Handbook (SSPC 91-18), and the
references contained therein.
The following minimum precautions and procedures shall be followed unless modified in the approved
HASP or its updates:
(a) The Contractor shall contact the CDPHE, Air Pollution Control Division to ascertain if an air pollution permit is
required for the cleaning or demolition work. If an air pollution permit is required, the Contractor shall obtain
the permit. The Contractor shall furnish the Engineer with a copy of the permit application and the permit
issued prior to starting cleaning or demolition activities. A copy of the Air Pollution Emission Notice [APEN]
shall be provided to the Engineer, if such notice is required under the Colorado Air Quality Control
Commission's regulations. The processing of air pollution permits in non -attainment areas, or where public
hearings are required, likely will take more than 90 days.
(b) The Contractor shall contain paint chips, corrosion residues, and spent abrasives, herein referred to as waste
materials, resulting from the cleaning or demolition operations. The Contractor shall not deposit or release
waste material into the water, air or onto the ground below or adjacent to the structure. The Contractor shall
conduct cleaning operations to minimize the waste materials produced. Prior to beginning the work, the
Contractor shall submit to the Engineer for acceptance, a detailed methods statement for capturing, testing,
and disposing of the removed materials. The Engineer will have seven calendar days to review, and accept
or reject this methods statement.
(c) Abrasives utilized for blast cleaning shall be low -dusting and low waste. Unless approved otherwise,
vacuum blasting or wheel blasting shall be used.
(d) The HSO shall sample and test the waste material for lead, chromium, and other paint associated heavy
metals using the Toxicity Characteristic Leaching Procedure (TCLP) Test, Method 1311 of the EPA
publication, Test Methods for Evaluating Solid Waste 846. Sample collection methodology and frequency
shall be recommended by the HSO and accepted by the Engineer with an adequate number of samples taken
to be representative of all waste material collected. If the waste material does not pass the TCLP test, it shall
be disposed of in a permitted TSD facility as designated in writing by the Engineer. The waste materials
handling decision shall be documented by a report (five copies) submitted to the Engineer. This
documentation shall include a description of sample collection methodology, testing performed, test results
and comparison of test results with hazardous waste requirements. The waste material shall not be held at
an unpermitted TSD facility site in excess of Resource Conservation and Recovery Act (RCRA) temporary
storage time limits.
(e) When an item coated with paint is removed, all loose paint shall be removed and collected from the item
within 24 hours of the time it is removed or placed onto the ground. All loose paint shall be removed and
collected from a painted item before it is removed from the site. The Contractor shall contain loose paint until
it is removed and collected. Loose paint is defined as that which can be removed by manual scraping
methods. Over waterways, the Contractor shall capture all paint debris by the method specified in the
methods statement. The paint debris shall be collected on a daily basis and shall be stored in a properly
labeled, tightly sealed container and placed in a secured location at the end of each working day.
(f)
All painted steel components which are not designated to be salvaged shall be recycled. Contractor
possession of the steel for future use shall be considered a form of recycling. Prior to transport of the
components off -site, the Contractor shall obtain a letter from the recipients of the painted steel components
stating that they have been fully informed of the contents of the paint and are capable of handling the paint. If
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the Contractor is to maintain future possession of the steel, the Contractor shall supply this letter. If there will
be more than one recipient of the painted material, one letter shall be obtained from each recipient. The
Contractor shall provide a copy of each letter to the Engineer. If the painted steel components will be
recycled by melting, the letter from the recipient is not required. The Contractor shall submit a letter stating
the destination of the painted steel components and that they will be melted.
(g) When the work consists of the removal of a bridge or components of a bridge coated with paint which has
been assumed to contain lead, chromium, other heavy metals, or a combination thereof the Contractor shall
capture paint debris which is dislodged during removal operations. The Contractor may choose any method
for dismantling the bridge, subject to the following required construction sequence limitations:
(1) The concrete deck shall be removed prior to removal of the steel superstructure.
(2) If the methods statement indicates that girders will be dropped to the ground during dismantling, all debris
from the concrete deck removal operation shall be removed from the area below the bridge before any
girders are dropped into this area.
(3) Girders may be cut and dropped only if the span is located entirely over land.
250.05 Material Handling. This work consists of the additional handling of groundwater and soils to be
excavated for construction of the project which are suspected or known to be contaminated. This work also
includes stockpiling or containerization, analytical sampling and testing, and final disposition of contaminated
groundwater and soils requiring special handling.
The Contractor shall maintain vertical trench walls for the work in the specified areas of known or potential
contamination, as shown on the plans. Shoring may be necessary to meet this requirement. The Contractor shall
confine the removal of contaminated groundwater and soils encountered as a result of the excavation activities in
the specified areas to the vertical and horizontal limits of structure excavation specified in the Contract. The
Contractor shall be responsible for any contaminated materials generated beyond the limits of excavation. This
shall include any sampling, analysis, and disposal required, and the costs thereof. The Contractor shall be listed
as the generator of any such material. The limits of excavation shall be determined as 18 inches outside of
structures, including sewers, water lines, inlets, manholes, and other underground structures to be constructed, or
as directed.
Specific areas of known or potential contamination have been identified in the project plans. There is the potential
of encountering contaminated groundwater and soil, which has not been summarized in the plans or
specifications, at unknown locations on the site. Suspected contaminated soil and groundwater shall be handled
by one of three methods as follows:
(a) Materials Handling (Stockpile& Containerization). When recommended by the HSO and authorized by the
Engineer, material shall be stockpiled or containerized for analysis and characterization for proper handling
and, disposal, or both. Sampling and testing of materials shall be as described in the Contract. If analysis
indicates that soil samples are designated as uncontaminated, as determined by the criteria shown in the
Contract or as determined by the CDPHE, the associated soils will not require any special handling and will
become the property of the Contractor and may be used on site, subject to other requirements of the
Contract. Health and safety monitoring and strict fugitive dust control shall be conducted during the
placement of these soils. If analysis indicates that groundwater samples are designated as uncontaminated,
as determined by the criteria shown in the Contract or as determined by the CDPHE, the groundwater shall
be handled in accordance with subsection 107.25.
Stockpiled and containerized materials shall be secured in compliance with the following provisions
until they are determined to be uncontaminated:
1. The Contractor shall not store the material for more than 90 days.
2. The Contractor shall prevent any runoff from infiltrating the ground or running out of the containment
area.
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3. Soils and groundwater containing different contaminants shall be placed in separate containers or
stockpiles.
4. The Contractor shall prevent the dispersion of materials or the dilution or mixing of containers and
stockpiles.
5. The ground surface on which the contaminated soils will be placed shall be covered with plastic sheeting
which will withstand the placement and removal of stockpiled materials without breaching.
6. The ground surface shall be graded to drain toward the edge of the soil piles and the berm or trench
around them shall be covered by plastic sheeting.
7. Proper security shall be provided in accordance with 40 CFR.
(b) Solid Waste Disposal. Soils determined to be contaminated, but not hazardous, as established by criteria in
the Contract or as determined by CDPHE or other regulatory agencies having jurisdiction, shall be handled
and disposed of, or both as recommended by the HSO and approved by the Engineer. The Contractor shall
haul this material to a solid waste disposal facility.
(c) Contaminated Groundwater Disposal. Groundwater determined to be contaminated, but not hazardous, as
established by criteria in the Contract or as determined by CDPHE or other regulatory agencies having
jurisdiction, shall be handled and disposed of, or both as recommended by the HSO and approved by the
Engineer. The Contractor shall prepare a dewatering plan proposing at least three types of treatment and/or
disposal options of contaminated groundwater as required by applicable statutes and regulations. One of
the treatment options shall include permitting and onsite treatment prior to discharge or disposal. The
dewatering plan shall be submitted to the Engineer for approval four weeks before dewatering activities
begin.
(d) Hazardous Waste Disposal. Soils and groundwater that are designated or suspected to be hazardous shall
be containerized immediately upon excavation or upon discovery. Hazardous material shall be labeled and
transported to a permitted treatment, storage and disposal (TSD) facility or to a hazardous waste disposal
facility approved by the Engineer.
(e) Additional Requirements. Stockpiled or containerized material characterized as uncontaminated,
contaminated or hazardous shall be stored and disposed of in a manner consistent with current established
federal, state, and local regulations for waste materials.
Materials with contaminants not specifically regulated shall be disposed of by the Contractor as directed, in
consultation with CDPHE. All areas where wastes are generated shall be reviewed by the HSO to identify
potential contaminant sources that may result in a contaminated waste stream.
Contaminated groundwater and soils, which have been identified as solid waste or hazardous waste,
requiring disposal according to federal, state, and local regulations, shall be transported in accordance with
49 CFR by the Contractor to an appropriately permitted treatment facility, landfill, incinerator or asphalt
plant or other facility approved to accept the waste. CDPHE and the landfill or other treatment or disposal
facility shall be notified by the HSO of the material to be disposed of and the corresponding analytical test
results prior to shipment. Potentially contaminated water collected from the lined trench of a stockpile shall
be treated as required by Colorado Wastewater Discharge Permit System (CDPS) permits, 29 CFR and 40
CFR and reimbursed separately in accordance with Contract requirements.
250.06 Sample delivery. This work consists of the collection, containerization and delivery of material samples
for analysis to the testing facility designated in the Contract.
Environmental Protection Agency (EPA) protocol and standards shall be followed in the collection,
containerization and transport of samples to be analyzed, including the documentation of the proper chain of
custody of all samples. The Contractor shall collect sufficient sample material to perform the required analysis
and is responsible for ensuring that appropriate climate control has been provided for sample transport. Sample
delivery shall be made within the maximum allowable holding time for each sample type, not to exceed 24 hours,
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excluding weekends. The time period required for sample collection and delivery to the testing facility will not be
considered an excusable delay. The analysis to be completed and turnaround time shall be approved by the
Engineer.
The Contractor shall provide the Engineer with a copy of documentation indicating that proper chain of custody
requirements have been followed for all samples.
Quality control samples shall be provided by the Contractor in accordance with the quality control requirements
of the testing facility designated in the Contract (quality control requirements are available from the Engineer).
The Contractor shall prepare, label and transport these samples to the testing facility in conjunction with the
delivery of other samples authorized for analysis by the Engineer, at no additional cost.
The Engineer may request splits of samples, in advance of collection, which shall be provided at no additional
cost by the Contractor.
250.07 Asbestos -Containing Material Management. Environmental documents or plans listed in the special
provisions should include known or suspected locations that could involve encounters with ACM during
excavation and other soil disturbing construction activities. Unexpected discoveries of ACM may be made during
excavation and soil disturbing construction activities. Asbestos contaminated soil, shall be properly managed or
remediated, in accordance with subsection 250.07(a).
All asbestos related activities shall be performed by Colorado certified asbestos professionals, contractors, or
consultants. Certifications are issued by the Colorado Department of Public Health and Environment (CDPHE),
Indoor Air Quality Unit. A Colorado Certified Asbestos professional shall manage the management and disposal
of asbestos contaminated soil and other ACM. The Indoor Air Quality Unit within CDPHE is the only unit that
certifies such professionals. The Contactor shall furnish a copy of the license to the Engineer.
(a) Regulatory Compliance. Asbestos contaminated soil management is governed by 6 CCR 1007-2, Section 5,
which includes and references regulatory compliance with Asbestos Hazard Emergency Response Act
(AHERA) Colorado Regulation 8; Inspection and reporting protocol and demolition standards are governed
by AHERA; Demolition and notification standards are governed by National Emission Standards for
Hazardous Air Pollutants (NESHAPS); Colorado Regulation 8 governs all asbestos activities, demolition,
permitting, and certification of Certified Asbestos Professionals in the State of Colorado. Colorado
Regulation 8 is more stringent than AHERA and NESHAPS and supersedes federal regulations. Conflicting
regulatory requirements between AHERA and NESHAPS, if not specifically addressed in Colorado
Regulation 8, shall be addressed and approved protocol negotiated with CDPHE. The Contractor shall
conform to all current regulations, policy directives, or both, issued by the EPA, CDPHE, and the
Department.
(b) Asbestos Management and Visual Inspections Asbestos management must be performed by a certified
asbestos professional. Final Inspections of the area of asbestos contaminated soil removal shall be
performed by an Asbestos Consultant to determine what, if any, controls must be instituted to allow future
activity in the excavation area. All final visual inspections shall be conducted only when soil is dry.
(c) Permitting and Notification. The CDPHE requires notification of any soil disturbing activity where asbestos is
known, suspected, or discovered. A 24 -hour notification to CDPHE is required prior to any soil disturbing
activity of an unplanned asbestos discovery. A 10 working day notification to CDPHE is required prior to any
soil disturbing activity in an area with known or potential material suspected of containing asbestos in or on
the soil or asbestos -contaminated soil. Removal of asbestos -containing material on a facility component,
that is located on or in soil that will be disturbed, with asbestos quantities above the following trigger levels
must be permitted and abated in accordance with the requirements of Air Quality Control Commission
Regulation No. 8 (5 CCR 1001-10, Part B):
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(1) 260 linear feet on pipes,
(2) 160 square feet on other surfaces, or
(3) The volume of a 55 -gallon drum.
All permit applications shall be submitted to the Colorado Department of Public Health and Environment a
minimum of 10 days prior to start of work for approval. The permit application and notification shall be
submitted simultaneously. The Contractor shall obtain all required State and local permits and shall be
responsible for all associated fees. Permit application, notification, and waiver request forms shall be
submitted to:
Colorado Department of Public Health and Environment Permit Coordinator/APCD - SS - B1 4300
Cherry Creek Drive South Denver, CO 80246-1530 Phone: (303) 692-3100 Fax: (303) 782-0278
Application and waiver forms are available on the CDPHE website: asbestos@state.co.us
(d) CDOT's Asbestos -Contaminated Soil Management Standard Operating Procedure, dated August 22, 2011.
Asbestos contaminated soil shall be managed in accordance with 6 CCR 1007-2, Section 5, Asbestos Waste
Management Regulations. Regulations apply only upon discovery of asbestos materials during excavation
and soil disturbing activities on construction projects, or when asbestos encounters are expected during
construction. The contractor shall comply with procedures detailed in the CDPHE's Asbestos -Contaminated
Soil Guidance Document and CDOT's approved Asbestos -Contaminated Soil Management Standard
Operating Procedure, dated August 22, 2011, including the following minimum requirements:
(1) Immediate actions and implementation of interim controls to prevent visible emissions, exposure, and
asbestos contamination in surrounding areas.
(2) Soil Characterization.
(3) Training required for all personnel involved in excavation and other soil disturbing activities, once
asbestos is encountered during construction or on projects where asbestos encounters are expected.
Asbestos Awareness Training shall be given by a qualified and certified Asbestos Building Inspector with
a minimum of six months experience inspecting asbestos contaminated soil.
(4) Assessment for the presence and extent, within the proposed area of disturbance, of asbestos
discoveries, whether expected or unexpected, by a Certified Asbestos Inspector.
(5) Investigation and sampling required for risk assessment and management. Investigation, if required,
shall be conducted by a Certified Asbestos Inspector.
(6) Risk assessment and determinations for further management or abatement.
(i) Risk assessment and determinations must be made by a Certified Asbestos Inspector, and
coordinated with the Engineer.
(ii) Soil remediation is not necessarily required, depending on the circumstances.
(7) Submit 24 -hour Notification of Unplanned Asbestos Discovery.
(8) Submit 10 -day Notification of Planned Asbestos Management.
(9) Submit 24 -hour Notification of Unplanned Asbestos Discovery.
(10) Submit 10 -day Notification of Planned Asbestos Management.
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(e) Risk Assessment and Determinations for Further Management Or Remediation. Risk assessment and
determinations for further management or remediation must be closely coordinated with the Project Engineer
and Project Manager of the Statewide Management Plan.
250.08 Methamphetamine Lab Sites. Demolition of former Methamphetamine (meth) labs is enforced by the
Governing Authority, which varies from county to county. The Contractor shall demolish all buildings that are
identified as former meth labs, as listed in public listings by the Governing Authority. The Contractor shall provide
evidence of demolition to the Governing Authority, obtain receipt of such evidence by the Governing Authority,
and shall submit these to Engineer immediately following demolition.
Septic tank removal at known meth lab sites shall undergo preliminary assessment by an Industrial Hygienist or
Certified Industrial Hygienist to determine proper removal and disposal. Work shall proceed in accordance with
the recommendations of the Hygienist.
METHOD OF MEASUREMENT
250.09 Environmental Health and Safety Management will not be measured, but will be paid for on a lump sum
basis. This will include all work, materials, and hourly time charges by the HSO and other personnel required to
accomplish the following:
(1) Preparation, submittal and briefing of the initial HASP
(2) Preparation and submittal of the Waste Management Plan
1. Preparation and Submittal of the Dewatering Plan
2. Preparation and Submittal of the Remediation Plan
(3) Procedures and equipment specified in subsections 250.03 - 250.07
(4) PPE (levels C and D) for Contractor's personnel for any contamination identified in the preconstruction
investigations
(5) Preparation and submittal of the final site report
The quantity to be measured for Health and Safety Officer will be the total number of hours that the Health and
Safety Officer is actually used, as authorized, for the following work:
(1) Field monitoring necessary to ensure the safety of workers on the site;
(2) Hours in excess of the items listed under Environmental Health and Safety Management;
(3) Hours that are necessary due to unforeseen site conditions; and
(4) Hours of additional consultation or field work that is requested by the Engineer.
Equipment specified in subsection 250.03(a), preparation and submittal of the daily HSO diary, travel to and from
the project site, and PPE (Levels C and D) required for use by the HSO will not be measured and paid for
separately, but shall be included in the hourly cost of the HSO.
The quantity to be measured for Monitoring Technician will be the total number of hours that Monitoring
Technician is actually used as authorized. Equipment specified in subsection 250.03(b), supervision of the MT,
preparation and submittal of the daily monitoring diary, travel to and from the project site, and PPE required for
use by the MT (Levels C & D) will not be measured and paid for separately, but shall be included in the hourly
cost of the MT.
Solid stockpiled materials will be measured by the cubic yard computed from cross sections by the average end
area or other requirements acceptable method. Disposal of solid waste and solid hazardous waste materials will
be measured by the cubic yard in the disposal container.
Materials Sampling and Delivery will be measured by the actual number of samples collected, containerized and
transported to the testing facility indicated in the Contract.
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Additional environmental health and safety management work required and authorized by the Engineer, but not
included in the items listed above, will be considered extra work to be paid for in accordance with subsection
109.04, unless such work is caused by the Contractor's action.
BASIS OF PAYMENT
250.10 Partial payment for Environmental Health and Safety Management, as determined by the Engineer, will
be made as the work progresses. The Contractor shall submit a schedule of environmental related Health and
Safety Management work before the first partial payment is made. The schedule shall indicate the environmental
related Health and Safety Management time for each work item that requires Contractor environmental related
Health and Safety Management effort and the total time for the project.
The accepted quantity for Health and Safety Officer will be the number of hours actually used and approved for
payment by the Engineer and will be paid for at the contract unit bid price.
The accepted quantity for Monitoring Technician will be the number of hours of onsite monitoring as approved
by the Engineer and will be paid at the Contract unit price.
Environmental Health and Safety Management, Health and Safety Officer and Monitoring Technician bid items
shall include vehicles, phone charges, supplies, printing, postage, office support, and all other miscellaneous
costs associated with the work.
Payment for Groundwater Handling (Containerization & Analysis) will be paid for in accordance with subsection
109.04. Payment for Soil Handling (Stockpile) will be made at the contract unit price for all excavated material
required to be stockpiled for analysis. The contract unit price will be full compensation for furnishing all materials,
labor, equipment and incidentals necessary to complete this work, and all handling of the material prior to
disposal. This includes haul, stockpile, and security. Payment for this work will be in addition to any payment
made under other bid items for excavation, embankment or backfill on the project, or waste disposal of this
material.
Payment for Solid Waste Disposal and Solid Hazardous Waste Disposal will be made at the appropriate contract
unit price for the disposal of material determined to be either solid waste or solid hazardous waste. The contract
unit prices will be full compensation for furnishing all materials, labor, equipment, tools, storage containers for
transport, containerization of material for up to 60 days, and incidentals necessary to complete this work. This
includes all handling of the material, loading for disposal, unloading for disposal, and borrow material required for
replacement of excavated material disposed of offsite. It does not include stockpiling or containerization required
for analysis which is included in the item Materials Handling (Stockpile & Containerization) paid for as described
above. Payment for waste disposal fees and transport of hazardous waste will be made as shown below.
Payment for this work will be in addition to any payment made under other bid items for excavation, embankment,
backfill or material handling (stockpile & containerization) on the project.
(1) Solid Waste. Transport costs to the disposal facility and disposal fees will be included in the contract unit
price for this work.
(2) Solid Hazardous Waste. Transport, Disposal and /or Treatment costs will be paid for by planned force
account in accordance with subsection 109.04.
(3) Liquid Hazardous Waste. Transport, Disposal and /or Treatment costs will paid for by planned force account
in accordance with subsection 109.04.
The cost of shoring required to limit the removal of contaminated materials to the specified limits shall be included
in the bid unit prices for any excavation to be performed. Such shoring ordered by the Engineer in areas other
than the specified areas of known or potential contamination, as shown in the plans, will be paid for in accordance
with subsection 109.04.
Payment for Materials Sampling and Delivery will be made at the contract unit price for each material sample
collected, containerized and transported to the laboratory testing facility as designated in the Contract. The
Contract unit price will be full compensation for furnishing all materials, labor, equipment, tools and incidentals
January 15, 2015
16
SECTION 250
ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT
necessary to complete this work including required sampling kits, containers, sample splits and quality control
samples.
The Contractor shall be responsible for damage caused by Contractor negligence to the environment, persons, or
property. Expenditures associated with actions of the Contractor shall be borne by the Contractor at no cost to
the project.
Contaminated groundwater containerized, treated or disposed under the requirements of this specification will be
paid for by planned force account in accordance with subsection 109.04.
The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear
in the bid schedule.
Pay Item
Environmental Health and Safety Management
Health and Safety Officer
Monitoring Technician
Materials Sampling and Delivery
Materials Handling (Stockpile)
Solid Waste Disposal
Pay Unit
Lump Sum
Hour
Hour
Each
Cubic Yard
Cubic Yard
April 26, 2012
REVISION OF SECTION 401
COMPACTION OF HOT MIX ASPHALT
Section 401 of the Standard Specifications is hereby revised for this project as follows:
In subsection 401.17, delete the first paragraph and replace with the following:
401.17 Compaction. The hot mix asphalt shall be compacted by rolling. Both steel wheel and pneumatic tire
rollers will be required. The number, weight, and type of rollers furnished shall be sufficient to obtain the required
density while the mixture is in a workable condition. Compaction shall begin immediately after the mixture is
placed and be continuous until the required density is obtained. When the mixture contains unmodified asphalt
cement (PG 58-28 or PG 64-22) or modified (PG 58-34), and the surface temperature falls below 185 °F, further
compaction effort shall not be applied unless approved, provided the Contractor can demonstrate that there is no
damage to the finished mat. If the mixture contains modified asphalt cement (PG 76-28, PG 70-28 or PG 64-28)
and the surface temperature falls below 230 °F, further compaction effort shall not be applied unless approved,
provided the Contractor can demonstrate that there is no damage to the finished mat.
Warm Mix Asphalt compaction requirements shall conform to CP 59.
In subsection 401.17, delete the third paragraph and replace with the following:
SMA shall be compacted to a density of 93 to 97 percent of the daily theoretical maximum specific gravity,
determined according to CP 51. All other HMA shall be compacted to a density of 92 to 96 percent of the daily
theoretical maximum specific gravity, determined according to CP 51. If more than one theoretical maximum
specific gravity test is taken in a day, the average of the theoretical maximum specific gravity results will be used
to determine the percent compaction. Field density determinations will be made in accordance with CP 44 or 81.
In subsection 401.17, second to last paragraph, delete the first sentence and replace with the following:
After production paving work has begun, a new Roller Pattern shall be demonstrated when a change in the
compaction process is implemented.
July 19, 2012
REVISION OF SECTION 401
COMPACTION PAVEMENT TEST SECTION (CTS)
Section 401 of the Standard Specifications is hereby revised for this project as follows:
In subsection 401.17, delete the fifteenth paragraph and replace with the following:
Two sets of random cores shall be taken within the last 200 tons of the CTS. Each set shall consist of seven
random cores. The Engineer will determine the coring locations using a stratified random sampling process. The
locations of these cores will be such that one set can serve as a duplicate of the other. One set of these cores
shall be immediately submitted to the Engineer. This set will be used for determining acceptance of the CTS and
determining density correction factors for nuclear density equipment. Densities of the random samples will be
determined by cores according to CP 44. Density correction factors for nuclear density equipment will be
determined according to CP 81. Coring shall be performed under CDOT observation. Coring will not be
measured and paid for separately but shall be included in the work. For SMA, a CTS is not used. The Contractor
shall follow the requirements for the demonstration control strip in accordance with the Revision of Section 403,
Stone Matrix Asphalt Pavement.
February 3, 2011
REVISION OF SECTION 401
PLANT MIX PAVEMENTS
Section 401 of the Standard Specifications is hereby revised for this project as follows:
Subsection 401.02(b) shall include the following:
After the Form 43 is executed, and all ingredients are available on the project, the Contractor shall notify the
Engineer a minimum of one working day in advance of beginning production of the hot mix asphalt. Any changes
in the Form 43 will require the same notification unless otherwise approved by the Engineer.
February 3, 2011
REVISION OF SECTION 401
TEMPERATURE SEGREGATION
Section 401 of the Standard Specifications is hereby revised for this project as follows:
In subsection 401.16 delete the twelfth (last) paragraph and replace it with the following:
The Engineer may evaluate the HMA for low density due to temperature segregation any time industry best
practices, as detailed on Form 1346, are not being followed or the Engineer suspects temperature segregation is
occurring. The Engineer will first meet with the Contractor to discuss the paving practices that are triggering the
temperature investigation. Areas across the mat, excluding the outside 1 foot of both edges of the mat, that are
more than 25 °F cooler than other material across the width may be marked for density testing. Material for
temperature comparison will be evaluated in 3 -foot intervals behind the paver across the width of the mat. The
material shall be marked and tested in accordance with CP 58. If four or more areas within a lot of 500 tons have
densities of less than 93 percent of the material's maximum specific gravity for SMA mixes or less than 92 percent
of the material's maximum specific gravity for all other HMA mixes, a 5 percent price disincentive will be applied to
the 500 ton lot. The 500 ton count begins when the Engineer starts looking for cold areas, not when the first cold
area is detected. This price disincentive will be in addition to those described in Sections 105 and 106. Only one
area per delivered truck will be counted toward the number of low density areas. Temperature segregation
checks will be performed only in areas where continuous paving is possible.
May 2, 2013
REVISION OF SECTIONS 401 AND 412
SAFETY EDGE
NOTICE
This is a standard special provision that revises or modifies CDOT's Standard
Specifications for Road and Bridge Construction. It has gone through a formal review
and approval process and has been issued by CDOT's Project Development Branch with
formal instructions for its use on CDOT construction projects. It is to be used as written
without change. Do not use modified versions of this special provision on CDOT
construction projects, and do not use this special provision on CDOT projects in a
manner other than that specified in the instructions unless such use is first approved by
CDOT's Standards and Specifications Unit. The instructions for use on CDOT
construction projects appear below.
Other agencies which use the Standard Specifications for Road and Bridge Construction
to administer construction projects may use this special provision as appropriate and at
their own risk.
Instructions for use on CDOT construction projects:
Use on projects having any type of roadway pavement.
May 2, 2013
1
REVISION OF SECTIONS 401 AND 412
SAFETY E DG E
Sections 401 and 412 of the Standard Specifications are hereby revised for this project as follows:
Subsection 401.10 shall include the following:
The paver shall include an approved longitudinal paver wedge system to create a sloped safety edge as shown
on the plans. The wedge system shall be attached to the screed and shall compact the HMA to a density at least
as dense as the compaction imparted to the rest of the HMA layer by the paving screed. The system shall
provide a sloped Safety Edge equal to 32 degrees plus or minus 5 degrees measured from the pavement surface
cross slope extended. The use of a single plate strike off is not permitted. The system shall be adjustable to
accommodate varying paving thicknesses. The Engineer may allow the Contractor to use handwork for short
sections or to saw cut the sloped Safety Edge after paving operations are completed in areas such as transitions
at driveways, intersections, interchanges.
The Contractor shall submit the proposed system for approval at the Preconstruction Conference. The
Engineer may require proof that the system has been used on previous projects with acceptable results or
may require a test section constructed prior to the beginning of work to demonstrate that it creates an
acceptable wedge shape and compaction. Paving shall not begin until the system is approved in writing by
the Engineer. The Safety Edge may be constructed on each lift of HMA or on the full specified plan depth on
the final lift. The finished shape of the Safety Edge shall extend for the full depth of the asphalt pavement or
for the top 5 inches whichever is less.
Subsection 401.22 shall include the following:
All costs associated with the construction of the Safety Edge will not be paid for separately, but shall be
included in the work.
Subsection 412.07 shall include the following:
The Contractor shall use an approved longitudinal paver wedge system to create a sloped Safety Edge. The
Contractor shall modify the paver screed to create a Safety Edge that meets the final cross-section shown on
the plans. The system shall provide a sloped Safety Edge equal to 32 degrees plus or minus 5 degrees
measured from the pavement surface cross slope extended. There may be areas where it is not possible to
place the Safety Edge in conjunction with mainline paving but where the Safety Edge is required, such as
transitions at driveways, intersections, interchanges, etc. In these areas the Engineer may allow the
Contractor to use handwork for short sections or to saw cut the sloped Safety Edge after paving operations
are completed.
The Contractor shall submit the proposed system for approval at the Preconstruction Conference. The
Engineer may require proof that the system has been used on previous projects with acceptable results or
may require a test section constructed prior to the beginning of work to demonstrate that it creates an
acceptable wedge shape. Paving shall not begin until the system is approved in writing by the Engineer. The
finished shape of the Safety Edge shall extend for the full depth of the concrete pavement or for the top 5
inches whichever is less.
May 2, 2013
2
REVISION OF SECTIONS 401 AND 412
SAFETY EDGE
Subsection 412.23 shall include the following:
Concrete Safety Edge will be measured by the actual number of linear feet that are installed and accepted.
Subsection 412.24 shall include the following:
Pay Item
Concrete Safety Edge
Pay Unit
Linear Foot
Payment for concrete safety edge will be full compensation for all work and materials required to complete the
item.
May 5, 2011
REVISION OF SECTIONS 412, 601 AND 711
LIQUID MEMBRANE -FORMING COMPOUNDS
FOR CURING CONCRETE
Sections 412, 601 and 711 of the Standard Specifications are hereby revised for this project as follows:
In subsection 412.14, first paragraph, delete the second sentence and replace with the following:
The impervious membrane curing compound shall meet the requirements of ASTM C 309, Type 2 and shall be
volatile organic content (VOC) compliant.
In subsection 601.13 (b), first paragraph, delete the second sentence and replace with the following:
A volatile organic content (VOC) compliant curing compound conforming to ASTM C 309, Type 2 shall be used on
surfaces where curing compound is allowed, except that Type 1 curing compound shall be used on exposed
aggregate or colored concrete, or when directed by the Engineer.
In subsection 601.16 (a) 1., delete the first sentence and replace with the following:
1. Membrane Forming Curing Compound Method. A volatile organic content (VOC) compliant curing compound
conforming to ASTM C 309, Type 2 shall be uniformly applied to the surface of the deck, curbs and sidewalks
at the rate of 1 gallon per 100 square feet.
Delete subsection 711.01 and replace with the following:
711.01 Curing Materials. Curing materials shall conform to the following requirements:
Burlap Cloth made from Jute or Kenaf
Liquid Membrane -Forming Compounds for
Curing Concrete
Sheet Materials for Curing Concrete
*Only the performance requirements of AASHTO M171 shall apply.
AASHTO M 182
ASTM C 309
AASHTO M 171*
Straw used for curing shall consist of threshed straw of oats, barley, wheat, or rye. Clean field or marsh hay may
be substituted for straw when approved by the Engineer. Old dry straw or hay which breaks readily in the
spreading process will not be accepted.
February 18, 2016
1
REVISION OF SECTION 601
CLASS B, BZ, D, DT AND P CONCRETE
Section 601 of the Standard Specifications is hereby revised for this project as follows:
Subsection 601.02 shall include the following:
Deviations from the Standard Class B, Class BZ, Class D, DT and P concrete may be made under the following
conditions:
(1) The minimum cement content may be reduced from that specified in Table 601-1 if lab test results show that
the permeability of the mix does not exceed 2,500 Coulombs at an age of not more than 56 days as
determined by ASTM C1202.
(2) The maximum cement content may be increased from that specified in Table 601-1 if lab test results show
that the unrestrained shrinkage is less than 0.050 percent when tested by CP-L 4103.
(3) The maximum amount of fly ash substituted for ASTM C150 cement or the maximum pozzolan content when
ASTM C595 or C1157 cement is used may exceed the limits in subsection 601.05 if lab test results show that
the permeability of the mix does not exceed 2,500 Coulombs at an age of not more than 56 days as
determined by ASTM C1202 and the salt scaling resistance is less than 3 as determined by ASTM C672.
(4) Except for Class DT, the concrete mix may use an Optimized Gradation (OG). When an OG is used
aggregate proportions must be a result of an optimized combined aggregate gradation (CAG) developed by
an approved mix design technique such as Shilstone or KU Mix. The amount of aggregate in the CAG
passing the 19 mm (3/4 inch) sieve and retained on the12.5 mm (1/2 inch) sieve shall be a minimum of 8
percent for the trial mix design. The coarseness factor (CF) and workability factor (WF) must plot within the
workability box (ABCD) depicted graphically by the following 4 coordinate points:
a. Point A> (CF,WF) 72, 31
b. Point B> (CF,WF) 44.5, 35
c. Point C> (CF,WF) 44.5, 43.5
d. Point D> (CF,WF) 72, 40
Figure 601-1
Workability Box
50
Worlrability Factor
4453
35
30
25
zo
r====1,
80 70 50 50 40 30
Coarseness Factor
CF = (S IT)x100
Where:
S = Percent Cumulative Retained on 9.5 mm (3/8 inch) Sieve
T = Percent Cumulative retained on 2.36 mm (No. 8) Sieve
WF is the percent passing the 2.36 mm (No. 8) sieve. Increase workability factor by 2.5
percentage points for every 94 pounds per cubic yard of cementitious material used in excess of
564 pounds per cubic yard in the mix design. Decrease workability factor by 2.5 percentage
points for every 94 pounds per cubic yard of cementitious material used below 564 pounds per
cubic yard in the mix design. The Contractor shall not adjust the workability factor if the amount of
cementitious material is 564 pounds per cubic yard.
(5) Aggregate gradings not obtained through an OG may be used if lab test results show that the
unrestrained shrinkage is less than 0.050 percent when tested by CP-L 4103.
February 18, 2016
2
REVISION OF SECTION 601
CLASS B, BZ, D, DT AND P CONCRETE
Concrete with any of the above deviations shall be known as Class L) Non Standard concrete (Class _-NS
concrete). For example Class B -NS. Non Standard concrete may be substituted for the equivalent standard
concrete. Non Standard concrete shall be tested, accepted, measured and paid for as standard concrete or
the pay item specifying standard concrete.
Subsection 601.05 shall include the following in the second paragraph:
(8)
Concrete with an OG shall indicate the gradation proportions that results in a combined aggregate
gradation corresponding to compliance within the specified CF and WF box and shall include the
following charts used to perform aggregate gradation analysis:
(i) Coarseness Factor
(ii) Workability Factor
(iii) 0.45 power
(iv) Combined gradation
Delete Subsection 601.06 (10) and (11) and replace with the following:
(10) Weights of fine and coarse aggregates or combined weight when an OG is pre -blended
(11) Moisture of fine and coarse aggregates or combined moisture when an OG is pre -blended
Subsection 601.17 shall include the following:
(g) Water to cementitious material content (w/cm) ratio. When a Non Standard concrete is used the maximum
w/cm ratio is the w/cm ratio that was used in the in the laboratory trial mix for the Concrete Mix Design. The w/cm
ratio shall be determined for each batch of Non Standard concrete by the Contractor and provided to the Engineer
for approval prior to placement. If an adjustment to the mix is made after the Engineer's approval, the w/cm shall
be determined and submitted to the Engineer prior to the continuation of placement. Any Non Standard concrete
that is placed without the Engineer's approval shall be removed and replaced at the Contractor's expense.
February 3, 2011
REVISION OF SECTION 601
CONCRETE BATCHING
Section 601 of the Standard Specifications is hereby revised for this project as follows:
In subsection 601.06, delete (13) and (17) and replace with the following:
(13) Gallons of water added by truck operator, the time the water was added and the quantity of concrete in the
truck each time water is added.
(17) Water to cementitious material ratio.
February 3, 2011
REVISION OF SECTIONS 601
CONCRETE FINISHING
Section 601 of the Standard Specifications are hereby revised for this project as follows:
In subsection 601.12 (a) delete the fifth paragraph and replace it with the following:
Water shall not be added to the surface of the concrete to assist in finishing operations.
Hand finishing should be minimized wherever possible. The hand finishing methods shall be addressed in the
Quality Control Plan for concrete finishing. Hand finished concrete shall be struck off and screeded with a portable
screed that is at least 2 feet longer than the maximum width of the surface to be struck off. It shall be sufficiently
rigid to retain its shape. Concrete shall be thoroughly consolidated by hand vibrators. Hand finishing shall not be
allowed after concrete has been in -place for more than 30 minutes or when initial set has begun. Finishing tools
made of aluminum shall not be used.
The Contractor shall provide a Quality Control Plan (QCP) to ensure that proper hand finishing is accomplished in
accordance with current Industry standards. It shall identify the Contractor's method for ensuring that the
provisions of the QCP are met. The QCP shall be submitted to the Engineer at the Preconstruction Conference.
Concrete placement shall not begin until the Engineer has approved the QCP. The QCP shall identify and
address issues affecting the quality finished concrete including but not limited to:
(1) Timing of hand finishing operations
(2) Methodology to place and transport concrete
(3) Equipment and tools to be utilized
(4) Qualifications and training of finishers and supervisors
When the Engineer determines that any element of the approved QCP is not being implemented or that hand
finished concrete is unacceptable, work shall be suspended. The Contractor shall supply a written plan to address
improperly placed material and how to remedy future hand finishing failures and bring the work into compliance
with the QCP. The Engineer will review the plan for acceptability prior to authorizing the resumption of operations.
In subsection 601.14(a) delete the fourth paragraph.
October 29, 2015
1
REVISION OF SECTION 601
CONCRETE SLUMP ACCEPTANCE
Section 601 of the Standard Specifications is hereby revised for this project as follows:
Delete the fifth paragraph of Subsection 601.05 and replace with the following:
Except for Class BZ concrete, the slump of the delivered concrete shall be the slump of the approved concrete
mix design plus or minus 2.0 inch. The laboratory trial mix must produce an average compressive strength at
least 115 percent of the required field compressive strength specified in Table 601-1. When entrained air is
specified in the Contract for Class BZ concrete, the trial mix shall be run with the required air content.
Delete Subsection 601.17 (b), 601.17 (d) and Table 601-3 and replace with the following:
(b) Slump. Slump acceptance, but not rejection, may be visually determined by the Engineer. Any batch that
exceeds the slump of the approved concrete mix design by 2.0 inches will be retested. If the slump is
exceeded a second time, that load is rejected. If the slump is greater than 2 inches lower than the approved
concrete mix design, the load can be adjusted with a water reducer, or by adding water (if the wlcm allows)
and retested.
Portions of loads incorporated into structures prior to determining test results which indicate rejection as the
correct course of action shall be subject to reduced payment or removal as determined by the Engineer.
(d) Pay Factors. The pay factor for concrete which is allowed to remain in place at a reduced price shall be
according to Table 601-3 and shall be applied to the unit price bid for Item 601, Structural Concrete.
If deviations occur in air content and strength within the same batch, the pay factor for the batch shall be the
product of the individual pay factors.
Table 601-3
PAY FACTORS
Percent Total
Air
I
Strength
Deviations
Below
Below
From
Pay
Specified
Pay
Specified
Specified
Factor
Strength (psi)
Factor
Strength (psi)
Air
(Percent)
[ < 4500 psi
(Percent)
[ ? 4500 psi
(Percent)
Concrete]
Concrete]
0.0-0.2
98
1-100
98
1-100
0.3-0.4
96
101-200
96
101-200
0.5-0.6
92
201-300
92
201-300
0.7-0.8
84
301-400
84
301-400
0.9-1.0
75
401-500
75
401-500
Over 1.0
Reject
Over 500
Reject
65
501-600
54
601-700
42
701-800
29
801-900
15
901-1000
Reject
Over 1000
May 8, 2014
1
REVISION OF SECTION 601
QC TESTING REQUIREMENTS FOR STRUCTURAL CONCRETE
Section 601 of the Standard Specifications is hereby revised for this project as follows:
Delete the first paragraph of subsection 601.17 and subsection 601.17(a) and replace with the following:
601.17 Acceptance and Pay Factors. These provisions apply to all concrete. The Contractor shall sample 601
pay items for both QC and QA in accordance with CP 61. The Engineer will witness the sampling and take
possession of the QA samples at a mutually agreed upon location. The Contractor shall be responsible for
Quality Control (QC) testing for 601 pay items. QC testing shall be performed at least once per day and then
once per 50 cubic yards for concrete slump, unit weight and concrete temperature for each 601 pay item.
(a) Air Content. The first three batches at the beginning of each day's production for each 601 pay item shall
be tested by the Contractor's QC and CDOT's QA for air content. When the QC and QA air content
measurements differ by more than 0.5 percent, both the QC and QA air meters shall be checked in
accordance with ASTM C 231. When air content is below the specified limit, it may be adjusted in
accordance with subsection 601.08. Successive batches shall be tested by the Contractor's QC and
witnessed by the Engineer until three consecutive batches are within specified limits. After the first three
batches, CDOT will follow the random minimum testing schedule. After the first three batches the
Contractor shall perform QC testing at a frequency of one random sample per 50 cubic yards. Air
content shall not be adjusted after a CDOT QA test.
Subsection 601.19 shall include the following:
The Contractor's QC testing will not be measured and paid separately, but shall be included in the work.
April 30, 2015
REVISION OF SECTION 601
STRUCTURAL CONCRETE STRENGTH ACCEPTANCE
Section 601 of the Standard Specifications is hereby revised for this project as follows:
In subsection 601.17 (c), delete the first paragraph and replace with the following:
(c) Strength (When Specified). The concrete will be considered acceptable when the running average of
three consecutive strength tests per mix design for an individual structure is equal to or greater than the
specified strength and no single test falls below the specified strength by more than 500 psi. A test is
defined as the average strength of three test cylinders cast in plastic molds from a single sample of
concrete and cured under standard laboratory conditions prior to testing. If the compressive strength of
any one test cylinder differs from the average by more than 10 percent that compressive strength will be
deleted and the average strength will be determined using the compressive strength of the remaining two
test cylinders.
November 6, 2014
REVISION OF SECTIONS 601 AND 701
CEMENTS AND POZZOLANS
Sections 601 and 701 of the Standard Specifications are hereby revised for this project as follows:
In subsection 601.03, first paragraph, the following shall be added to the table:
High -Reactivity Pozzolans 701.04
Subsection 601.03 shall include the following:
Pozzolans shall consist of Fly Ash, Silica Fume and High -Reactivity Pozzolan.
In subsection 601.04, delete the third and fourth paragraphs and replace with the following
Cementitious material requirements are as follows:
Class 0 requirements for sulfate resistance shall be one of the following:
(1) ASTM C 150 Type I, II or V
(2) ASTM C 595 Type IL, IP, IP(MS), IP(HS) or IT
(3) ASTM C 1157 Type GU, MS or HS
(4) ASTM C 150 Type III cement if it is allowed, as in Class E concrete
Class 1 requirements for sulfate resistance shall be one of the following:
(1) ASTM C 150 Type II or V; Class C fly ash shall not be substituted for cement.
(2) ASTM C 595 Type IP(MS) or IP(HS).
(3) ASTM C 1157 Type MS or HS; Class C fly ash shall not be substituted for cement.
(4) When ASTM C 150 Type III cement is allowed, as in Class E concrete, it shall have no more than 8 percent
C3A. Class C fly ash shall not be substituted for cement.
(5) ASTM C 595 Type IL; having less than 0.10 percent expansion at 6 months when tested according to ASTM
C 1012. Class C fly ash shall not be substituted for cement.
(6) ASTM C 595 Type IT; having less than 0.10 percent expansion at 6 months when tested according to ASTM
C 1012.
Class 2 requirements for sulfate resistance shall be one of the following:
(1) ASTM C 150 Type V with a minimum of a 20 percent substitution of Class F fly ash by weight
(2) ASTM C 150 Type II or III with a minimum of a 20 percent substitution of Class F fly ash by weight. The
Type II or III cement shall have no more than 0.040 percent expansion at 14 days when tested according
ASTM C 452
(3) ASTM C 1157 Type HS; Class C fly ash shall not be substituted for cement.
(4) ASTM C 150 Type II, Ill, or V plus High -Reactivity Pozzolan where the blend has less than 0.05 percent
expansion at 6 months or 0.10 percent expansion at 12 months when tested according to ASTM C 1012
November 6, 2014
REVISION OF SECTIONS 601 AND 701
CEMENTS AND POZZOLANS
(5) ASTM C 1157 Type MS plus Class F fly ash or High -Reactivity Pozzolan where the blend has less than
0.05 percent expansion at 6 months or 0.10 percent expansion at 12 months when tested according to
ASTM C 1012
(6)
A blend of portland cement meeting ASTM C 150 Type II or ill with a minimum of 20 percent Class F fly
ash by weight, where the blend has less than 0.05 percent expansion at 6 months or 0.10 percent
expansion at 12 months when tested according to ASTM C 1012.
(7) ASTM C 595 Type IP(HS).
(8) ASTM C 595 Type IL plus Class F fly ash or High -Reactivity Pozzolan where the blend has less than 0.05
percent expansion at 6 months or 0.10 percent expansion at 12 months when tested according to ASTM
C 1012
(9) ASTM C 595 Type IT; having less than 0.05 percent expansion at 6 months or 0.10 percent expansion at
12 months when tested according to ASTM C 1012.
Class 3 requirements for sulfate resistance shall be one of the following:
A blend of portland cement meeting ASTM C 150 Type II, Ill, or V with a minimum of a 20 percent substitution of
Class F fly ash by weight, where the blend has less than 0.10 percent expansion at 18 months when tested
according to ASTM C 1012.
(1) ASTM C 1157 Type HS having less than 0.10 percent expansion at 18 months when tested according to
ASTM C 1012. Class C fly ash shall not be substituted for cement.
(2) ASTM C 1157 Type MS or HS plus Class F fly ash or High -Reactivity Pozzolan where the blend has less than
0.10 percent expansion at 18 months when tested according to ASTM C 1012.
(3) ASTM C 150 Type 11,111, or V plus High -Reactivity Pozzolan where the blend has less than 0.10 percent
expansion at 18 months when tested according to ASTM C 1012.
(4) ASTM C 595 Type 1L plus High -Reactivity Pozzolan where the blend has less than 0.10 percent expansion at
18 months when tested according to ASTM C 1012.
(5) ASTM C 595 Type IP(HS) or IT having less than 0.10 percent expansion at 18 months when tested according
to ASTM C 1012.
(6) ASTM C 595 Type IL with a minimum of a 20 percent substitution of Class F fly ash by weight, where the
blend has less than 0.10 percent expansion at 18 months when tested according to ASTM C 1012.
When fly ash or High -Reactivity Pozzolan is used to enhance sulfate resistance, it shall be used in a proportion
greater than or equal to the proportion tested in accordance to ASTM C1012, shall be the same source and it
shall have a calcium oxide content no more than 2.0 percent greater than the fly ash or High -Reactivity Pozzolan
tested according to ASTM C 1012.
In subsection 601.05 delete the first paragraph and replace with the following:
601.05 Proportioning. The Contractor shall submit a Concrete Mix Design for each class of concrete being
placed on the project. Concrete shall not be placed on the project before the Concrete Mix Design Report has
been reviewed and approved by the Engineer. The Concrete Mix Design will be reviewed and approved following
the procedures of CP 62. The Concrete Mix Design will not be approved when the laboratory trial mix data are the
results from tests performed more than two years in the past or aggregate data are the results from tests
performed more than two years in the past. The concrete mix design shall show the weights and sources of all
ingredients including cement, pozzolan, aggregates, water, additives and the water to cementitious material ratio
November 6, 2014
REVISION OF SECTIONS 601 AND 701
CEMENTS AND POZZOLANS
(w/cm). When determining the w/cm, the weight of cementitious material (cm) shall be the sum of the weights of
the cement, fly ash, silica fume and High -Reactivity Pozzolan.
In subsection 601.05, delete the 12th, 13th, 141h, 15th, and 16th paragraphs and replace with the following:
The Concrete Mix Design Report shall include Certified Test Reports showing that the cement, fly ash, High -
Reactivity Pozzolan and silica fume meet the specification requirements and supporting this statement with actual
test results. The certification for silica fume shall state the solids content if the silica fume admixture is furnished
as slurry.
For all concrete mix designs with ASTM C150 cements, up to a maximum of 20 percent Class C, 30 percent
Class F or 30 percent High -Reactivity Pozzolan by weight of total cementitious material may be substituted for
cement.
For all concrete mix designs with ASTM C595 Type IL cements, up to a maximum of 20 percent Class C, 30
percent Class F or 30 percent High -Reactivity Pozzolan by weight of total cementitious material may be
substituted for cement.
For all concrete mix designs with ASTM C595 Type IP, IP(MS), IP(HS) or IT cements; fly ash or High -Reactivity
Pozzolan shall not be substituted for cement.
For all concrete mix designs with ASTM C1157 cements, the total pozzolan content including pozzolan in cement
shall not exceed 30 percent by weight of the cementitious material content.
When the Contractor's use of fly ash or High -Reactivity Pozzolan results in delays to the project, when it is
necessary to make changes in admixture quantities, the source, or the Contractor performs , the cost of such
delays and corrective actions shall be borne by the Contractor.
The Contractor shall submit a new Concrete Mix Design Report meeting the above requirements when a change
occurs in the source, type, or proportions of cement, fly ash, High -Reactivity Pozzolan, silica fume or aggregate.
When a change occurs in the source of approved admixtures, the Contractor shall submit a letter stamped by the
Concrete Mix Design Engineer approving the changes to the existing mix design. The change will need to be
approved by the Engineer prior to use.
In subsection 601.06, second paragraph, delete (9) and replace with the following:
(9) Type, brand, and amount of cement, fly ash and High -Reactivity Pozzolan
In subsection 601.06, delete (a) and replace with the following:
(a) Portland Cement, Fly Ash, High -Reactivity Pozzolan and Silica Fume. These materials may be sacked or
bulk. No fraction of a sack shall be used in a batch of concrete unless the material is weighed.
All bulk cement shall be weighed on an approved weighing device. The bulk cement weighing hopper shall be
sealed and vented to preclude dusting during operation. The discharge chute shall be so arranged that
cement will not lodge in it or leak from it.
Separate storage and handling equipment shall be provided for the fly ash, silica fume and High -Reactivity
Pozzolan. The fly ash, silica fume, and High -Reactivity Pozzolan may be weighed in the cement hopper and
discharged with the cement.
November 6, 2014
REVISION OF SECTIONS 601 AND 701
CEMENTS AND POZZOLANS
In subsection 701.01 delete and replace the second paragraph with the following:
All concrete, including precast, prestressed and pipe shall be constructed with one of the following hydraulic
cements, unless permitted otherwise.
ASTM C 150 Type
ASTM C 150 Type II
ASTM C 150 Type V
ASTM C 595 Type IL
ASTM C 595 Type IP
ASTM C 595 Type IP(MS)
ASTM C 595 Type IP(HS)
ASTM C 595 Type IT
ASTM C 1157 Type GU, consisting of no more than 15 percent limestone
ASTM C 1157 Type MS, consisting of no more than 15 percent limestone
ASTM C 1157 Type HS, consisting of no more than 15 percent limestone
In subsection 701.02 add the following after the first paragraph:
Blending of pozzolans according to ASTM D5370 is permitted to meet the requirements of ASTM C 618.
Add subsection 701.04 immediately following subsection 701.03 as follows:
701.04 High -Reactivity Pozzolans. High -Reactivity Pozzolans (HRP) shall conform to the requirements of
AASHTO M321. HRPs are but not limited to metakaolin, rice hull ash, zirconium fume, ultra -fine fly ash, and fume
from the production of 50 percent ferrosilicon (with SiO2 less than 85 percent).
HRPs shall meet the following optional requirement of AASHTO M321: The sulfate expansion at 14 days shall
not exceed 0.045 percent
HRP shall be from a preapproved source listed on the Department's Approved Products List. The HRP intended
for use on the project shall have been tested and accepted prior to its use. Certified Test Reports showing that the
HRP meets the specification requirements and supporting this statement with actual test results shall be
submitted to the Engineer.
The HRP shall be subject to sampling and testing by the Department. Test results that do not meet the physical
and chemical requirements may result in the suspension of the use of HRP until the corrections necessary have
been taken to ensure that the material conforms to the specifications.
October 2, 2014
REVISION OF SECTION 603
CULVERT PIPE INSPECTION
Section 603 of the Standard Specifications is hereby revised for this project as follows:
Delete the first paragraph of subsection 603.09 and replace with the following:
603.09 Backfilling. After the conduit or section of conduit is placed, it shall be inspected before any backfill is
placed. Reinforced concrete pipe (RCP) shall be visually inspected in accordance with AASHTO LRFD Bridge
Construction Specifications, Section 27.6. Conduit found to be damaged shall be replaced, and conduit found to
be out of alignment or unduly settled shall be taken up and relaid. The trench shall then be backfilled with material
in accordance with Section 206.
In subsection 603.09, delete the fifth paragraph.
Add subsection 603.091 immediately following subsection 603.09 as follows:
603.091 Deflection Testing of Metal and Plastic Pipe. After a metal or plastic pipe is backfilled and earthwork
over the pipe is complete to the top of the subgrade, the pipe deflection shall be measured in the presence of the
Engineer. The maximum allowable deflection shall be 5 percent. Deflection is a reduction in the nominal
diameter of the pipe measured in any direction. Measurement shall be made using a mandrel, laser profile, or
other method approved by the Engineer. Measurement shall be made 30 days or more following the pipe
installation. Pipe having any deflections in excess of 5 percent at any location within the pipe shall be removed
and reinstalled at the Contractor's expense. Pipe that is permanently deformed or damaged in any way shall be
replaced at the Contractor's expense. Replaced pipe shall be retested 30 days or more after the installation in
accordance with the method described above.
April 30, 2015
1
REVISION OF SECTIONS 603, 624, 705, 707 AND 712
DRAINAGE PIPE
Sections 603, 624, 705, 707 and 712 of the Standard Specifications are hereby revised for this project as follows:
Subsection 603.07 shall include the following:
Joint systems for siphons, irrigation systems, and storm drains shall be watertight.
Subsection 603.07(c) shall include the following:
Watertight joint systems for plastic pipe shall conform to subsection 705.03.
Subsection 624.02 shall include the following material type and requirement:
Abbreviation Description
ALT2 CSP Aluminized Corrugated Steel Pipe Type 2
Plastic Polyvinyl Chloride (PVC), Polyethylene (PE),
Steel Reinforced Polyethylene (SRPE)
and Polypropylene (PP)
Subsection
707.11
712.13
In subsection 624.02 delete the third paragraph and replace it with the following:
Connecting bands shall receive the same corrosion protection as the pipe with which they are used. Coatings
conforming to the requirements of Sections 706 and 707 will be permitted as applicable. Connecting bands and
pipe extensions shall be of similar metal, or of non-metallic material, to avoid galvanic corrosion.
End sections for concrete or metal pipe shall be the same material as the pipe and meet the requirements for the
same class as that specified for the pipe in accordance with Table 624-1.
Plastic end sections shall not be used. When plastic pipe is to be installed with end sections, steel or concrete
end sections meeting the same class as that specified for the pipe in accordance with Table 624-1 shall be used.
In subsection 624.02 delete the fourth paragraph and replace it with the following:
The Contractor may furnish any pipe material allowed in Table 624-1 for the class of pipe specified in the Contract
except for storm drains. The Contractor may furnish RCP, PVC, SRPE or PP allowed in Table 624-1 for the class
of pipe specified in the Contract for storm drains. The Contractor shall state at the preconstruction conference the
pipe materials intended to be furnished.
In subsection 624.02 delete Table 624-1 and replace it with the following:
April 30, 2015
2
REVISION OF SECTIONS 603, 624, 705, 707 AND 712
DRAINAGE PIPE
TABLE 624-1
Materials Allowed for Class of Pipe
Material
Allowed**
Class of P'pe*
0
1
2
3
4
5
64
7
8
9
104
CSP
YNNNNNNNNNN
ALT2 CSP
Y
Y
Y
YYNNNNNN
Bit. Co. CSP
Y
Y1
NNNNNNNNN
A.F. Bo. CSP
Y
Y
Y
Y
Y
Y
Y
NN
NN
CAP
Y
Y2
Y2
Y2
Y2
YNNNNN
PCSP both
sides
Y
Y
Y
Y
Y
Y
Y
N
N
N
N
PVC6
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
PE6
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
pp6
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
SRPE
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
RCP (SPO)3,5
YYNNNNNYNNN
RCP (SP1)3,5
YYYNNNNYYNN
RCP (SP2)3,5
Y
Y
Y
Y
Y
N
N
Y
Y
Y
N
RCP (SP3)3,5
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
* As determined by the Department in accordance with
Determination is based on abrasion and corrosion resistance.
** Y=Yes; N=No.
' Coated Steel Structural Plate Pipe of equal or greater
510, may be substituted for Bit. Co. CSP at no additional
2 Aluminum Alloy Structural Plate Pipe of equal or greater
Section 510, may be substituted for CAP at no additional
3 SP= Class of Sulfate Protection required in accordance
revised for this project. RCP shall be manufactured using
required to meet the SP class specified.
4 For pipe classes 6 and 10, the RCP shall be coated in
706.07 when the pH of either the soil or water is less than
when RCP is to be coated.
5 Concrete shall have a compressive strength of 4500 psi
6 In accordance with subsection 712.13.
the CDOT Pipe Selection Guide.
diameter, conforming to Section
cost to the project.
diameter, conforming to
cost to the project.
with subsection 601.04 as
the cementitious material
accordance with subsection
5. The Contract will specify
or greater.
Subsection 624.03 shall include the following:
Joint systems for siphons, irrigation systems, and storm drains shall be watertight. Watertight joint systems for
plastic pipe shall conform to subsection 705.03.
Installation for Aluminized Corrugated Steel Pipe Type 2 shall conform to all requirements for Corrugated Steel
Pipe (CSP) including the fill height tables and requirements in Standard Plan M-603-1.
Subsection 705.03 shall include the following:
Watertight joint systems for plastic pipe shall be in accordance with ASTM D3212.
April 30, 2015
3
REVISION OF SECTIONS 603, 624, 705, 707 AND 712
DRAINAGE PIPE
Add subsection 707.11 as follows:
707.11 Aluminized Corrugated Steel Pipe Type 2. Aluminized Corrugated Steel Pipe Type 2 shall conform to
the requirements of AASHTO M 274.
In subsection 712.13 (b), delete (1) and (2) and replace with the following:
(1) AASHTO M 304 (Profile) for nominal pipe sizes of 4 to 36 inches.
(2) ASTM F794 (Profile) for nominal pipe sizes 4 to 36 inches with 46 psi minimum pipe stiffness
Add subsection 712.13 and (c) and (d) as follows:
(c) Polypropylene (PP) Pipe.
AASHTO M330 for nominal pipe sizes of 12 to 60 inches with the following exceptions: Type S and Type
SP are acceptable (Type C, Type CP and Type D will not be accepted).
The Contractor shall provide a polypropylene (PP) pipe product that is prequalified under the AASHTO
National Transportation Product Evaluation Program (NTPEP). Only products from suppliers whose
manufacturing plant and PP pipe products comply with this specification shall be placed by the
Contractor. The current list of plants and PP pipe products that meet these requirements is located at:
www.ntpep.org. The Contractor shall use plants listed as compliant and a size listed in the NTPEP
reports on PP Thermoplastic Pipe. Every Certificate of Compliance (COC) on each diameter PP pipe
product delivered to the project shall include a statement that the product has been manufactured at a
NTPEP inspected plant, has been tested by NTPEP, has a NTPEP product number, and is currently on
the NTPEP website. The COC shall confirm that the supplied pipe meets the applicable specification
limits in subsection 712.13. Manufacturers shall remain acceptable to CDOT as long as the results of
verification samples and performance in the field are satisfactory. Any changes in the PP pipe
formulation will require re -submittal for prequalification testing by NTPEP.
(d) Steel Reinforced Polyethylene (SRPE). SRPE pipe shall be AASHTO MP 20 ribbed pipe for nominal pipe
sizes 12 to 60 inches with the following exceptions:
(1) Nominal pipe sizes 30 to 60 inches are acceptable; nominal pipe sizes 12 to 27 inches will not be
accepted.
February 3, 2011
REVISION OF SECTION 612
DELINEATORS
Section 612 of the Standard Specifications is hereby revised for this project as follows:
In subsection 612.02(a) 1, delete the last sentence, and replace with the following:
Posts shall conform to the requirements shown on the plans, and reflectors shall conform to the requirements in
subsections 713.07 and 713.10.
In subsection 612.02(a) 2.B, delete the first paragraph, and replace with the following:
B. Base Anchoring. The posts shall be designed to facilitate a permanent installation that resists overturning,
twisting, and displacement from wind and impact forces. It shall have an anchoring depth of 18 to 24 inches.
Actual depth shall be as recommended by the manufacturer. If soil conditions prohibit anchoring depth to
less than 18 inches, installation shall be in accordance with manufacturer's recommendations.
August 11, 2016
1
REVISION OF SECTIONS 614 AND 713
SIGN PANEL SHEETING
Sections 614 and 713 of the Standard Specifications are hereby revised for the project as following:
Delete subsection 614.04 and replace with the following:
614.04 Sign Panels. Sign panel materials shall conform to Section 713 and to the details shown on the plans.
Sign panels shall be produced in accordance with the retroreflective sheeting manufacturer's recommendations.
Layout and font design shall conform to the 'Standard Highway Signs" published by FHWA. Font selection for
guide sign legends shall conform to the most recent version of the "CDOT Sign Design Manual". Sign layouts for
special signs shall be in accordance with the detailed sign layouts proved in the plans or by the Engineer.
Silk screen and digital process figures shall be in accordance with the plans and series figures described in the
current editions of "Standard Highway Signs", published by the FHWA, and the "Colorado Supplement to
Standard Highway Signs".
All exposed lockbolt fastener heads on the faces of the sign panels shall be covered with material matching the
background of the panel.
All sign panels shall be identified with the month and year that the sign was manufactured. The date shall be
located on the lower right side of the back of the sign panel and shall be approximately 1/4 inch high. The date
shall be stamped or adhered onto the sign panel material for a permanent record. This work will be paid for as
part of the Item.
In subsection 713.01, delete Table 713-1 and replace with the following:
Table 713-1
Aluminum
Steel
Application
ASTM Designation
Allow No.
ASTM Designation
Sign panels
B 4491
6061-T6
5052-H36
A 6532
B 9211
5052-H38
Traffic controller
cabinets
B 209
6061 T6
A 709
Grade 36
Clip bolts
B 211
2024-T4
Locknuts or steel nuts
and bolts
B 211
2014-T4
A 307
Clips and backing
angles
B 221
6061-T6
11n lieu of ASTM treatment, aluminum sign blanks shall receive a Class 2 anodized coating prior to the
placement of retroreflective sheeting.
2 Steel sheets shall have a Z600 zinc coating in accordance with ASTM A 653 and a light phosphate
coating. Phosphate coating of 3.5 oz./sq. ft. will be required for application with reflective sheeting.
Nuts and bolts shall be galvanized or cadmium plated.
Delete subsection 713.04 and replace with the following:
713.04 Sign Message Materials. The legend, border, and overlay shall be used in accordance with the sheeting
manufacturer's recommendation. Retroreflective sheeting background material shall be approved in the
Department's Approved Product List; and the retroreflective sheeting background material shall be the type as
specified on the plans. At a minimum, ASTM 4956 Type IV shall be used for ground mount signs. ASTM D4956
Type XI shall be used for Class Ill overhead signs.
August 11, 2016
2
REVISION OF SECTIONS 614 AND 713
SIGN PANEL SHEETING
For Class III overhead signs, the legend and borders shall be ASTM D4956 Type XI sheeting.
All reflective sheeting shall be sealed at the seams and edges as recommended by the manufacturer.
Delete subsection 713.06 and replace with the following:
713.06 (unused)
May 8, 2014
REVISION OF SECTION 630
RETROREFLECTIVE SIGN SHEETING
Section 630 of the Standard Specifications is hereby revised for this project as follows:
In subsection 630.02, delete the sixth and seventh paragraphs, including Table 630-1, and replace them with the
following:
Retroreflective sheeting for all signs requiring an orange background shall be Type VI or Type Fluorescent.
Retroreflective sheeting for all signs requiring a yellow background shall be Type Fluorescent.
Table 630-1
RETROREFLECTIVE SHEETING TYPES
Sheeting
Type IV
Type VI
(Roll -up sign material)
Type Fluorescent'
Application
Work Zone
Work Zone
Work Zone
All Orange Construction
Signs
X
Orange Construction Signs
that are used only during
daytime hours for short term
or mobile operations
X°
X
Barricades (Temporary)
X
X
Vertical Panels
X
X
Flaggers Stop/Slow Paddle
X
X
Drums2
X
X
Non -orange Fixed Support
signs with prefix "W"
X
Special Warning Signs
X
STOP sign (R1-1)
YIELD sign (R1-2)
WRONG WAY sign (R5 -1a)
DO NOT ENTER sign (R5-1)
EXIT sign (E5 -1a)
X
DETOUR sign (M4-9) or
(M4-10)
X
All other fixed support signs3
X
X
All other signs used only
during working hours
X
X
All other signs that are used
only during daytime hours for
short term or mobile
operations
X
X5
X
1 Fluorescent Sheeting shall be of a brand that is on the CDOT Approved Products List.
2 Drum Sheeting shall be manufactured for flexible devices.
3 Fixed support signs are defined as all signs that must remain in use outside of working hours. They shall be mounted in
accordance with Standard Plan S-630-1.
4 RS 24 only.
5 White only.
March 29, 2016
1
REVISION OF SECTION 702
BITUMINOUS MATERIALS
Section 702 of the Standard Specifications is hereby deleted for this project and replaced with the following:
702.01 Asphalt Cements.
(a) Superpave Performance Graded Binders. Superpave Performance Graded Binders shall conform to the
requirements listed in Table 702-1. (Taken from AASHTO M 320)
Asphalt cement shall not be acid modified or alkaline modified.
Asphalt cement shall not contain any used oils that have not been re -refined. Modifiers that do not comply
with environmental rules and regulations including 40 CFR Part 261.6(a) (3) (IV), and part 266/Subpart C shall
not be added. Modifiers shall not be carcinogenic.
The supplier of the PG binder shall be certified in accordance with CP 11.
March 29, 2016
2
REVISION OF SECTION 702
BITUMINOUS MATERIALS
Table 702-1
SUPERPAVE PERFORMANCE GRADED BINDERS
Property
Requirement for PG Binder
AASHTO
Test No.
58-28
58-34
64-22
64-28
70-28
76-28
Flash Point Temp., °C, minimum
230
230
230
230
230
230
T 48
Viscosity at 135 °C, Pass,
maximum
3
3
3
3
3
3
T 316
Dynamic Shear, Temp. °C, where
58
58
64
64
70
76
T 315
G" /Sin b @ 10 rad/s ? 1.00 kPa
Ductility, 4 °C (5 cm/min.), cm
minimum
-
-
-
50
-
T 51
Toughness, joules (inch-Ibs)
-
-
-
12.4
-
CP-L 2210
(110)
Tenacity, joules (inch-Ibs)
-
-
-
8.5
-
CP-L 2210
(75)
Acid or Alkali Modification (pass -
fail)
Pass
Pass
Pass
Pass
Pass
Pass
CP-L 2214
RTFO Residue Properties
CP-L 2215
Mass Loss, percent maximum
1.00
1.00
1.00
1.00
1.00
1.00
CP-L 2215
Dynamic Shear, Temp. °C, where
G*/Sin b @ 10 rad/s ? 2.20 kPa
58
58
64
64
70
76
T 315
Elastic Recovery, 25 °C, percent
min.
Ductility, 4 °C (5 cm/min.), cm
minimum
-
-
-
-
-
-
-
20
50
-
50
-
T 301
T 51
PAV Residue Properties, Aging
R 28
Temperature 100 °C
Dynamic Shear, Temp. °C, where
19
16
25
22
25
28
T 315
G".Sin 6 @ 10 rad/s ≤ 5000 kPa
Creep Stiffness, @ 60 s, Test
-18
-24
-12
-18
-18
-18
T 315
Temperature in °C
S, maximum, MPa
300
300
300
300
300
300
T 313
m -value, minimum
0.300
0.300
0.300
0.300
0.300
0.300
T 313
March 29, 2016
3
REVISION OF SECTION 702
BITUMINOUS MATERIALS
Acceptance Samples of the PG binder will be taken on the project in accordance with the Schedule in the
Field Materials Manual.
The Department will test for acid modification and alkaline modification during the binder certification process.
Thereafter, the Department will randomly test for acid modification and alkaline modification.
(b) Damp proofing. Asphalt for damp proofing shall conform to the requirements of ASTM D 449, and the
asphaltic primer shall conform to the requirements of ASTM D 41.
702.02 Emulsified Asphalts. Emulsified asphalts shall conform to AASHTO M 140 or M 208 for the designated
types and grades. Emulsified asphalt and aggregate used for surface seals shall be sampled and will be tested for
information only in accordance with CP-L 2213.
Emulsified asphalt (HFMS-2S) with a residual penetration greater than 300 dmm shall conform to all properties
listed in AASHTO M 140, Table 1 except that ductility shall be reported for information only.
(a) Emulsion for Tack and Fog Coats. Emulsions for tack and fog coats shall conform to the requirements
listed in Table 702-2 or 702-3, prior to dilution.
March 29, 2016
4
REVISION OF SECTION 702
BITUMINOUS MATERIALS
Table 702-2
TACK AND FOG COAT EMULSIONS
Property
CSS-lh
SS-lh
AASHT. Test
No
Viscosity, at 25 °C, Saybolt- min
20
20
T 59
Furol, s max
100
100
Storage stability, 24 hr, % max'
1.0
1.0
T 59
Particle charge test
Positive
T 59
Sieve test, % max
0.10
0.10
T 59
Oil Distillate by volume, % max
3.0
3.0
T-59
Residue by distillation/ evaporation, % min'
573
573
T 59/ 2
CP-L 2212
Tests on residue:
Penetration, 25 °C, 100g, 5s, min, dmm
40
40
T 49
Penetration, 25 °C, 100g, 5s, max, dmm
120
120
Ductility, 25 °C, 5 cm/min, cm, min
40
40
T 51
Solubility, in trichloroethylene% min
97.5
97.5
T 44
'If successful application is achieved in the field, the Engineer may wave this requirement.
2 CP-L 2212 is a rapid evaporation test for determining percent residue of an emulsion and
providing material for tests on residue. CP-L 2212 is for acceptance only. If the percent
residue or any test on the residue fails to meet specifications, the tests will be repeated
using the distillation test in conformance with AASHTO T-59 to determine acceptability.
3 For polymerized emulsions the distillation and evaporation tests will in be in conformance
with AASHTO T-59 or CP-L 2212 respectively with modifications to include 205 ± 5 °C (400
± 10 °F) maximum temperature to be held for 15 minutes.
(b) Emulsion for Chip Seals Polymerized emulsions for chip seals shall conform to the requirements listed in
Table 702-3. Emulsion for chip seals shall be an emulsified blend of polymerized asphalt, water, and
emulsifiers. The asphalt cement shall be polymerized prior to emulsification and shall contain at least 3
percent polymer by weight of asphalt cement. The emulsion standing undisturbed for a minimum of 24 hours
shall show no white, milky separation but shall be smooth and homogeneous throughout. The emulsion shall
be pumpable and suitable for application through a distributor.
March 29, 2016
5
REVISION OF SECTION 702
BITUMINOUS MATERIALS
Table 702-3
POLYMERIZED EMULSIONS FOR CHIP SEALS
Property
CRS -2
CRS -2P
CRS -2R
HFMS-2P
AASHTO Test
No.
Tests on Emulsion:
Viscosity, at 50 °C, Saybolt-
Furol, s max
Storage stability, 24 hr, % max
Particle charge test
Sieve test, % max
Demulsibility', % min
Oil Distillate by volume, % max or range
Residue by distillation/ evaporation, % min3
min
50
50
50
50
450
1.0
Positive
0.10
40
3.0
653
450
1.0
Positive
0.10
40
3.0
653
450
1.0
Positive
0.10
40
3.0
653
450
1.0
0.10
3.0
653
T 59
T 59
T 59
T 59
T 59
T-59
T 59/
CP-L 22122
Tests on residue:
Penetration, 25 °C, 100g, 5s, min, dmm 70 70 70 70
Penetration, 25 °C, 100g, 5s, max, dmm 150 150 150 150
Ductility, 25 °C, 5 cm/min, cm, min 40
40
T 49
75 T 51
Ductility, 4 °C, 5 cm/min, cm, min
Solubility, in trichloroethylene% min4 97.54 97.54 97.54 97.54 T 44
Elastic Recovery, 25 °C min 58 T 301
Float Test, 60 °C, s min 1200 T 50
Toughness, in-Ibs, min 70 90 CP-L 2210
Tenacity, in-Ibs, min 45 45 CP-L 2210
1If successful application is achieved in the field, the Engineer may waive this requirement.
2 CP-L 2212 is a rapid evaporation test for determining percent residue of an emulsion and providing material for
tests on residue. CP-L 2212 is for acceptance only. If the percent residue or any test on the residue fails to meet
specifications, the tests will be repeated using the distillation test in conformance with AASHTO T-59 to determine
acceptability.
3 For polymerized emulsions the distillation and evaporation tests will in be in conformance with AASHTO T-59 or
CP-L 2212 respectively with modifications to include 205 ± 5 °C (400 ± 10 °F) maximum temperature to be held for
15 minutes.
4 Solubility may be determined on the base asphalt cement prior to polymer modification.
March 29, 2016
6
REVISION OF SECTION 702
BITUMINOUS MATERIALS
(c) Emulsion for Slurry Seals and Micro -Surfacing. Emulsions for slurry seals and micro -surfacing shall
conform to the requirements listed in Table 702-4. The modified emulsion shall contain a minimum of 3
percent polymer, SBR latex, or natural latex by weight.
Table 702-4
SLURRY SEAL AND MICRO -SURFACING EMULSIONS
Property
CQS-1hL
CQS-1hP
AASHTO Test
No.
Viscosity, at 25 °C, Saybolt- min
15
15
T 59
Furol, s max
100
100
Storage stability, 24 hr, % max/
1.0
1.0
T 59
Particle charge test
Positive
Positive
T 59
Sieve test, % max
0.10
0.10
T 59
Oil Distillate by volume, % max
0.5
0.5
T-59
Residue by distillation/ evaporation, % min3
623
623
T 59/ 2
CP-L 2212
Penetration, 25 °C, 100g, 5s, min, dmm
40
40
T 49
Penetration, 25 °C, 100g, 5s, max, dmm
150
150
Ductility, 25 °C, 5 cm/min, cm, min
50
50
T 51
Solubility, in trichloroethylene% min
97.5
97.5
T 44
11f successful application is achieved in the field, the Engineer may wave this requirement.
2 CP-L 2212 is a rapid evaporation test for determining percent residue of an emulsion and
providing material for tests on residue. CP-L 2212 is for acceptance only. If the percent
residue or any test on the residue fails to meet specifications, the tests will be repeated
using the distillation test in conformance with AASHTO T-59 to determine acceptability.
3 For polymerized emulsions the distillation and evaporation tests will in be in conformance
with AASHTO T-59 or CP-L 2212 respectively with modifications to include 205 ± 5 °C (400
± 10 °F) maximum temperature to be held for 15 minutes.
March 29, 2016
7
REVISION OF SECTION 702
BITUMINOUS MATERIALS
(d) Emulsion for Prime Coat. Emulsion for prime coat shall conform to the requirements of Table 702-5.
Circulate before use if not used within 24 hours.
Table 702-5
ASPHALT EMULSION FOR PRIME COAT (AEP)
Property
Requirement
AASHTO
Test No.
Viscosity,
Saybolt Furol, at 50 °C (122 °F), s
Residue
Oil Distillate by Volume, `)/0
20-150
65% min.
7% max.
T 59
T 59
to 260 °C
(500 °F)
T59
Tests on Residue from Distillation:
Solubility in Trichloroethylene, %
97.5 min.
T 44
(e) Recycling Agent. Recycling Agent for Item 406, Cold Bituminous Pavement (Recycle), shall be either a high
float emulsified asphalt (polymerized) or an emulsified recycling agent as follows:
1. High Float Emulsified Asphalt (Polymerized). High Float Emulsified Asphalt (Polymerized) for Cold
Bituminous Pavement (Recycle) shall be an emulsified blend of polymer modified asphalt, water, and
emulsifiers conforming to Table 702-6 for HFMS-2sP. The asphalt cement shall be polymerized prior to
emulsification, and shall contain at least 3 percent polymer.
The emulsion standing undisturbed for a minimum of 24 hours shall show no white, milky separation,
and shall be smooth and homogeneous throughout.
The emulsion shall be pumpable and suitable for application through a pressure distributor.
March 29, 2016
8
REVISION OF SECTION 702
BITUMINOUS MATERIALS
Table 702-6
HIGH FLOAT EMULSIFIED ASPHALT
(POLYMERIZED) (HFMS-2sP)
Property
Requirement
AASHTO
Test
Minimum
Maximum
Tests on Emulsion:
Viscosity, Saybolt Furol at 50 °C (122
50
450
T 59
°F), sec
Storage Stability test, 24 hours, %
1
T 59
Sieve test, %
0.10
T 59
% Residue'
65
T 59
Oil distillate by volume, %
1
7
T 59
Tests on Residue:
Penetration, 25 °C (77 °F), 100g, 5 sec
150
3002
T 49
Float Test, 60 °C (140 °F), sec
1200
T 50
Solubility in TCE, `)/0
97.5
T 44
Elastic Recovery, 4 °C (39.2 °F), `)/0
50
T 301
'400 ± 10° F maximum temperature to be held for 15 minutes.
2When approved by the Engineer, Emulsified Asphalt (HFMS-2sP) with a residual
penetration greater than 300 dmm may be used with Cold Bituminous Pavement
(Recycle) to address problems with cool weather or extremely aged existing
pavement. Emulsified Asphalt (HFMS-2sP) with a residual penetration greater than
300 dmm shall meet all properties listed in Table 702-4 except that Elastic
Recovery shall be reported for information only.
March 29, 2016
9
REVISION OF SECTION 702
BITUMINOUS MATERIALS
2. Emulsified Recycling Agent. Emulsified Recycling Agent for use in Cold Bituminous Pavement (Recycle)
shall conform to the requirements in Table 702-7.
Table 702-7
EMULSIFIED RECYCLING AGENT
Property
Requirement
Test
Minimum
Maximum
Tests on Emulsion:
Viscosity @ 25 °C, SFS
20
200
ASTM D 244
Pumping Stability
Pass
GB Method'
ASTM D 2442
Sieve Test, %w
0.1
Cement Mixing, %w
2.0
ASTM D 244
Particle Charge
Positive
ASTM D 244
Conc. Of Oil Phase
64
ASTM D 2443
Tests on Residue:
Viscosity @ 60 °C , CST
2000
4000
ASTM D 2170
Flash Point, COC, °C (° F)
232
ASTM D 92
Maltenes Dist. PC+Ai
ASTM
Ratio4 S+A2
0.3
0.6
D 2006
ASTM
PC/S Ratio
0.4
D 2006
ASTM
Asphaltenes, % max.
11.0
D 2006
1Pumping stability is determined by charging 450 ml of emulsion into a one liter
beaker and circulating the emulsion through a gear pump (Roper 29.B22621)
having a 6.3 mm (1/4 inch) inlet and outlet. The emulsion passes if there is no
significant separation after circulating ten minutes.
2Test procedure identical with ASTM D 244 except that distilled water shall be
used in place of 2 percent sodium oleate solution.
3ASTM D 244 Evaporation Test for percent of residue is modified by heating 50
gram sample to 149°C (300 °F) until foaming ceases, then cooling immediately
and calculating results.
41n the Maltenes Distribution Ratio Test by ASTM Method D 2006.
PC = Polar Compounds S = Saturates
Ai = First Acidaffin A2 = Second Acidaffins
March 29, 2016
10
REVISION OF SECTION 702
BITUMINOUS MATERIALS
(f) Asphalt Rejuvenating Agents. Asphalt rejuvenating agents (ARA) shall be composed of a petroleum resin -oil
base uniformly emulsified with water and shall conform to the physical and chemical requirements of Table 702-8
or ASTM D 4552.
Table 702-8
ASPHALT REJUVENATING AGENT
Property
Test Method
Requirement
Viscosity, S.F., @ 25 °C (77 °F),
'Residue, °/0 min.
2Miscibility Test
3Sieve Test, % max.
Particle Charge Test
ASTM D244 (Mod):
Viscosity, 60 °C (140 °F), mm2/s
Flash Point, COC, °C, min.
Asphaltenes, % max.
4Maltenes Dist. PC+Al
Ratio S+A2
ASTM D 244
ASTM D 244
ASTM D 244
ASTM D 244
ASTM D 244
ASTM D 445
ASTM D 92
ASTM
D2006
ASTM
D 2006
20-40
60-65
No
coagulation
0.10
Positive
100-200
196
1.0
0.3-0.6
Saturated Hydrocarbons, %
ASTM
21-28
D 2006
1 ASTM D244 Modified Evaporation Test for percent of residue is
made by heating 50 -gram sample to 149 °C (300 °F) until foaming
ceases, then cooling immediately and calculating results.
2 Test procedure identical with ASTM D244 except that 0.02 Normal
Calcium Chloride solution shall be used in place of distilled water.
3 Test procedure identical with ASTM D244 except that distilled water
shall be used in place of 2% sodium oleate solution.
4 In the Maltenes Distribution Ratio Test by ASTM Method D4124:
PC = Polar Compounds S = Saturates
A, = First Acidaffin A2 = Second Acidaffins
March 29, 2016
11
REVISION OF SECTION 702
BITUMINOUS MATERIALS
For hot -in -place recycling ARA-1 P is an acceptable alternative to ARA. ARA-1 P shall meet the requirements
below:
Emulsified Polymer Modified Asphalt Rejuvenating Agent (ARA-1 P) for use in hot -in -place recycling of bituminous
pavements shall be modified with a minimum of 1.5 percent styrene -butadiene solution polymer. The finished
product shall conform to the physical requirements listed in Table 702-9 below.
Table 702-9
ARA-1P
Property
Test Method
Min
Max
Test on Emulsion
Viscosity, Saybolt-Furol @ 77 °F, s
Residue @ 350 °F, °/0
Sieve Test, °/0
Oil distillate, %
ASTM D 244
ASTM D 244 Mod
ASTM D 244
ASTM D 244
60
100
0.10
2.0
Test on Residue
Penetration @ 39.2 °F, 100g, 5s, dmm
Asphaltenes, °/0
ASTM D-5 Modified
ASTM D 4124
150
250
15
702.03 (unused)
702.04 Hot Poured Joint and Crack Sealant. Hot poured material for filling joints and cracks shall conform to
the requirements of ASTM D 6690, Type II or Type IV. The concrete blocks used in the Bond Test shall be
prepared in accordance with CP-L 4101.
Sealant material shall be supplied pre -blended, pre -reacted, and prepackaged. If supplied in solid form the
sealant material shall be cast in a plastic or other dissolvable liner having the capability of becoming part of the
crack sealing liquid. The sealant shall be delivered in the manufacturer's original sealed container.
Each container shall be legibly marked with the manufacturer's name, the trade name of the sealer, the
manufacturer's batch or lot number, the application temperature range, the recommended application
temperature, and the safe heating temperature.
The sealant shall be listed in CDOT's Approved Products List prior to use.
October 31, 2013
1
REVISION OF SECTION 703
AGGREGATE FOR BASES
(WITHOUT RAP)
Section 703 of the Standard Specifications is hereby revised for this project as follows:
In subsection 703.03, delete the first paragraph and replace with the following:
703.03 Aggregate for Bases. Aggregates for bases except Aggregate Base Course (RAP) shall be crushed
stone, crushed slag, crushed gravel, natural gravel, or crushed reclaimed concrete. Aggregate Base Course
(RAP) shall be 100 percent crushed recycled asphalt pavement material. All materials except Aggregate Base
Course (RAP) shall conform to the quality requirements of AASHTO M 147 except that the requirements for the
ratio of minus 75 pm (No. 200) sieve fraction to the minus 425 pm (No. 40) sieve fraction, stated in 3.2.2 of
AASHTO M 147, shall not apply.
The requirements for the Los Angeles wear test (AASHTO T 96 & ASTM C535) shall not apply to Class 1, 2, and
3. Aggregates for bases shall meet the grading requirements of Table 703-3 for the class specified for the project,
unless otherwise specified.
November 1, 2012
1
REVISION OF SECTION 703
AGGREGATES FOR HOT MIX ASPHALT
Section 703 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 703.04 and replace with the following:
703.04 Aggregates for Hot Mix Asphalt. Aggregates for hot mix asphalt (HMA) shall be of uniform quality,
composed of clean, hard, durable particles of crushed stone, crushed gravel, natural gravel, or crushed slag.
Excess of fine material shall be wasted before crushing. A percentage of the aggregate retained on the 4.75 mm
(No. 4) sieve for Gradings S, SX and SG— and on the 2.36 mm (No. 8) sieve for Gradings SF and ST —shall
have at least two mechanically induced fractured faces when tested in accordance with Colorado Procedure 45.
This percentage will be specified in Table 403-1, as revised for the project in Section 403. The angularity of the
fine aggregate shall be a minimum of 45.0 percent when determined according to AASHTO T 304. Grading SF
mixes, when determined by RME, may not require fine aggregate angularity of 45.0 percent. Aggregate samples
representing each aggregate stockpile shall be non -plastic if the percent of aggregate passing the 2.36 mm (No.
8) sieve is greater than or equal to 10 percent by weight of the individual aggregate sample. Plasticity will be
determined in accordance with AASHTO T 90. The material shall not contain clay balls, vegetable matter, or
other deleterious substances.
The aggregate for Gradings ST, S, SX and SG shall have a percentage of wear of 45 or less when tested in
accordance with AASHTO T 96.
Table 703-4
MASTER RANGE TABLE FOR HOT MIX ASPHALT
Sieve Size
Percent by Weight Passing Square Mesh Sieves
Grading SF**
Grading ST
Grading SX
Grading
S
Grading SG
37.5 mm
(1W)
100
25.0 mm (1")
100
90 - 100
19.0 mm (3/4')
100
90 - 100
12.5 mm ('/z')
100
90 - 100
*
*
9.5 mm (%")
100
90 - 100
*
*
*
4.75 mm (#4)
90 - 100
*
*
*
*
2.36 mm (#8)
*
28 - 58
28 - 58
23 - 49
19 - 45
1.18 mm (#16)
30 - 54
600 µm (#30)
*
*
*
*
*
300 µm (#50)
150µm (#100)
75µm(#200)
2-12
2-10
2-10
2-8
1-7
* These additional Form 43 Specification Screens will initially be established using values from the As Used
Gradation shown on the Design Mix.
**SF applications are limited and the CDOT Pavement Design Manual should be referenced, prior to use.
Aggregates for stone matrix asphalt (SMA) shall be of uniform quality, composed of clean, hard, durable particles
of crushed stone, crushed gravel, or crushed slag. A minimum of 90 percent of the particles retained on the 4.75
mm (No. 4) sieve shall have at least two mechanically induced fractured faces when tested in accordance with
Colorado Procedure 45. The particles passing the 4.75 mm (No. 4) sieve shall be the product of crushing rock
larger than 12.5 mm (1/2 inch) and shall be non -plastic when tested in accordance with AASHTO T 90.
November 1, 2012
2
REVISION OF SECTION 703
AGGREGATES FOR HOT MIX ASPHALT
Additionally, each source of aggregate for SMA shall meet the following requirements:
(1) No more than 30 percent when tested in accordance with AASHTO T 96 Resistance to Degradation of Small -
Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine.
(2) No more than 12 percent when tested in accordance with AASHTO T 104 Soundness of Aggregate by Use of
Sodium Sulfate.
The aggregate for Hot Mix Asphalt (HMA) shall meet the requirements of Table 703-4A when tested in
accordance with CP-L 4211 Resistance of Coarse Aggregate to Degradation by Abrasion in the Micro-Deval
Apparatus. The Contractor shall be assessed a price reduction of $1000 for each production sample of the
combined aggregate with a value greater than 20 according to CP-L 4211.
Table 703-4A
AGGREGATE DEGRADATION BY ABRASION
IN THE MICRO-DEVAL CP-L 4211
Combined Aggregate (Mix Design)
Combined Aggregate (1/10,000 tons, or fraction thereof
during production)
Not to exceed
18
20
July 28, 2011
REVISION OF SECTION 703
CONCRETE AGGREGATES
Section 703 of the Standard Specifications is hereby revised for this project as follows:
Delete the second paragraph of subsection 703.00 and Table 703-1.
Delete subsections 703.01 and 703.02 and replace with the following:
703.01 Fine Aggregate for Concrete. Fine aggregate for concrete shall conform to the requirements of AASHTO
M 6, Class A. The minimum sand equivalent, as tested in accordance with Colorado Procedure 37 shall be 80
unless otherwise specified. The fineness modulus, as determined by AASHTO T 27, shall not be less than 2.50 or
greater than 3.50 unless otherwise approved.
703.02 Coarse Aggregate for Concrete. Coarse aggregate for concrete shall conform to the requirements of
AASHTO M 80, Class A aggregates, except that the percentage of wear shall not exceed 45 when tested in
accordance with AASHTO T 96.
November 1, 2012
1
REVISION OF SECTION 712
GEOTEXTILES
Section 712 of the Standard Specifications is hereby revised for this project as follows:
In subsection 712.08, delete the third and fourth paragraphs and replace with the following:
Physical requirements for all geotextiles shall conform to the requirements of AASHTO M-288. Materials shall be
selected from the New York Department of Transportation's Approved Products List of Geosynthetic materials
that meet the National Transportation Product Evaluation Program (NTPEP) and AASHTO M-288 testing
requirements. The current list of products that meet these requirements is located at:
www.dot.ny.gov
The Geotextile Approved Products List may be accessed by clicking on the following tabs once on the NYDOT
site to:
(1) A To Z Site Index
(2) Approved List
(3) Approved Products
(4) Materials and Equipment
(5) Geosynthetics for Highway Construction
(6) Geotextiles
In subsection 712.08, delete Table 712-2 and replace with the following
November 1, 2012
2
REVISION OF SECTION 712
GEOTEXTILES
Table 712-2
TYPICAL VALUES OF PERMEABILITY COEFFICIENTS'
Turbulent Flow
Particle
Size Range
Millimeters (inches)
Effective
Size
Permeability
Coefficient k
cm/s
D max
D min
D 20 mm
(inches)
Derrick STONE
3000 (120)
900 (36)
1200 (48)
100
One-man STONE
300 (12)
100 (4)
150 (6)
30
Clean, fine to coarse
GRAVEL
80 (3)
]0 ('/4)
13 ('/z)
10
Fine, uniform
GRAVEL
8 (%)
1.5 ('/,6)
3 ('%)
5
Very coarse, clean,
uniform SAND
3 (1/2)
0.8 (V32)
1.5 (V16)
3
Laminar Flow
Uniform, coarse
SAND
2 ('%)
0.5 ('/c4)
0.6
0.4
Uniform, medium
SAND
0.5
0.25
0.3
0.1
Clean, well -graded
SAND & GRAVEL
10
0.05
0.1
0.01
Uniform, fine SAND
0.25
0.05
0.06
40 x 104
Well -graded, silty
SAND & GRAVEL
5
0.01
0.02
4 x 10-4
Silty SAND
2
0.005
0.01
1.0 x 10-4
Uniform SILT
0.05
0.005
0.006
0.5 x 10-4
Sandy CLAY
1.0
0.001
0.002
0.05 x 10.4
Silty CLAY
0.05
0.001
0.0015
0.01 x 10.4
CLAY (30% to 50%
clay sizes)
0.05
0.0005
0.0008
0.001 x 10-4
Colloidal CLAY (-2
pm 50%)
0.01
10
40
10'`'
' Basic Soils Engineering, R.K. Hough, 2nd Edition, Ronald Pess Co.; 1969,
Page 76.
Note: Since the permeability coefficient of the soil will be unknown in most non-
critical, non -severe applications for erosion control and drainage, the soil -
permeability coefficients listed in Table 712-2 may be used as a guide for
comparing the permeability coefficient of the fabric with that of the in -
place soil
February 3, 2011
REVISION OF SECTION 712
WATER FOR MIXING OR CURING CONCRETE
Section 712 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 712.01 and replace it with the following:
712.01 Water. Water used in mixing or curing concrete shall be reasonably clean and free of oil, salt, acid, alkali,
sugar, vegetation, or other substance injurious to the finished product. Concrete mixing water shall meet the
requirements of ASTM C1602. The Contractor shall perform and submit tests to the Engineer at the frequencies
listed in ASTM C1602. Potable water may be used without testing. Where the source of water is relatively
shallow, the intake shall be so enclosed as to exclude silt, mud, grass, and other foreign materials.
SH392 & WCR74 INTERSECTION IMPROVEMENT PROJECT
Bid Request No. B1700046
Weld County, Colorado
ADDENDUM NUMBER ONE
TO DRAWINGS, CONTRACT DOCUMENTS AND SPECIFICATIONS
March 16, 2017
The following shall be as fully a part of the above named Drawings, Contract Documents and
Specifications as if therein included and shall take full and complete preference over anything
contained therein to the contrary.
Acknowledgment: Each bidder shall indicate their acknowledgment of receipt of this
Addendum in the place provided on the Bid Proposal, Page 21.
Each and every bidder, subcontractor, and material supplier shall be responsible for reading each
and every item in this Addendum to ascertain to what extent and in what manner it affects the work
in which he is interested.
PROJECT SPECIAL PROVISIONS:
Revisions of Section 403 — Hot Mix Asphalt: Table 403-1 on page 97 shall include the following
note. HMA mixes with PG64-22 binder may contain up to a maximum of 20% reclaimed asphalt
pavement (RAP). HMA mixes with PG64-28 or PG76-28 binder shall not contain any RAP.
Revision of Section 203 — Excavation and Embankment: Subsection 203.02 (c) Removal of
Unsuitable Material shall be deleted and replaced with the following text.
• The removal of unsuitable material located below the designed top of subgrade elevations
shall only be completed as directed by the Inspector and shall be defined as Muck
Excavation. Prior to backfilling any muck excavation areas, the Contractor and the Inspector
shall agree upon the volume (pay quantity) of this item in writing. The Contractor shall be
responsible for hauling all unsuitable materials (as deemed by the Inspector) away from the
jobsite, and all costs involved with hauling and disposal of unsuitable materials shall be
considered subsidiary to the earthwork bid items.
• From the bottom of the muck excavation area, up to an elevation 1 foot below the designed
top of subgrade elevation, the backfill material shall meet the minimum requirements of
Embankment (R20). The Contractor and the Inspector shall agree upon the volume (pay
quantity) of this item in writing. Sheet 5 of the Plans "Tabulation of Earthwork Quantities"
includes an embankment volume of 5,618 CY to be utilized for this purpose. Therefore, the
total bid quantity for Embankment (R20) (15,377 CY) shall be the final pay quantity, unless it
can be documented that the Contractor has utilized embankment in excess of 5,618 CY to
backfill muck excavation areas.
• The Inspector shall then make a determination as to whether Geotextile (Reinforcement)
shall be utilized in the backfill area. If Geotextile (Reinforcement) is directed to be utilized by
the Inspector it shall be paid for at the bid unit price. The Contractor and the Inspector shall
agree upon the area (pay quantity) of this item in writing.
• The top 1 foot of backfill for muck excavation areas shall be Aggregate Base Course (Class
6). The Contractor shall be compensated for this material at the bid unit price per Ton.
PROJECT BID FORM:
A revised bid form is hereby attached. The revised bid form has the following changes:
• A new Bid Item 603 has been added: 8 Inch Schedule 40 Steel Pipe - 140 LF.
• Bid Item 203 Embankment (Complete in Place) has been renamed "Embankment (Complete
in Place) (R20)".
• Bid Item 603 23x14 Inch Reinforced Concrete End Section Elliptical has been changed from
"LF" to "EA".
PROJECT DRAWINGS:
A new Plan Sheet Number 46R is hereby added to the other plan sheets. Sheet Number 46R
includes the design of the 8 Inch Schedule 40 Steel Pipe which has been added. Sheet Number
46R shall replace the original Sheet Number 46,
Prepared By: Michael Bedell, P.E.
Senior Engineer
ITEM
NO.
BID SCHEDULE (ADDENDUM #1):
ITEM DESCRIPTION
UNIT
BID
QUANTITY
UNIT PRICE
(DOLLARS)
TOTAL PRICE
(DOLLARS)
201
Clearing and Grubbing
LS
1
202
Removal of Tree
EA
4
202
Removal of CMP
LF
370
202
202
Removal of RCP
LF
200
Removal of Asphalt Mat (Planing)
SY
10,441
202
Removal of Asphalt Mat (Planing)
(Special)
SY
8,386
202
Removal of Pavement Markings
SF
14,480
202
Removal of Ground Sign
EA
15
202
Removal of Fence
LF
9,868
203
Unclassified Excavation
(Complete in Place)
CY
33,055
203
Embankment (Complete in Place) (R20)
CY
15,377
203
Embankment (Complete in Place) (R40)
CY
10,769
203
Muck Excavation
CY
11,236
203
Proof Rolling
HR
300
203
Backhoe
HR
25
203
Potholing
HR
25
206
Structure Excavation
CY
318
206
Structure Backfill (Flow -Fill)
CY
509
207
Topsoil (Stockpile and Redistribute)
CY
5,968
208
Erosion Log Type 1 (12 Inch)
LF
648
BID NO # B1700046
ITEM
NO.
BID SCHEDULE (ADDENDUM #1):
ITEM DESCRIPTION
UNIT
BID
QUANTITY
UNIT PRICE
(DOLLARS)
TOTAL PRICE
(DOLLARS)
208
Silt Fence
LF
39,029
208
Concrete Washout Structure
EA
2
209
Dust Palliative (Magnesium Chloride)
GAL
1,000
210
Reset Mailbox Structure
EA
3
210
Reset Ground Sign
EA
6
211
Dewatering
DAY
42
212
Seeding (Native.)
AC
10
212
Seeding (Special)
AC
3
213
Mulching (Weed Free Hay)
AC
10
216
Soil Retention Blanket
(Straw/Coconut) — Landlok S2BN or
Equivalent
SY
5,831
216
Turf Reinforcement Mat (Class 3) —
Pyramat or Equivalent
SY
5,831
304
Aggregate Base Course (Class 6)
TON
34,652
3D4
Aggregate Base Course
(Surface Gravel)
TON
2,538
304
Aggregate Base Course
(Shouldering)
CY
I 2,633
304
Aggregate Base Course (RAP)
SY
2,043
403
Hot Mix Asphalt (Patching)
(Asphalt)
TON
1,000
403
Hot Mix Asphalt (Grading SG)
(100) (PG 64-22)
TON
18,964
403
Hot Mix Asphalt (Grading S)
(100) (PG 76-28)
TON
3,614
403
Hot Mix Asphalt (Grading S)
(100) (PG 64-28)
TON
5,974
403
Hot Mix Asphalt (Grading SX)
(100) (PG 64-28)
TON
1,723
BID NO # B1700046
ITEM
NO.
BID SCHEDULE (ADDENDUM #1):
ITEM DESCRIPTION
UNIT
BID
QUANTITY
UNIT PRICE
(DOLLARS)
TOTAL PRICE
(DOLLARS)
420
Geotextile (Reinforcement)
SY
15,567
506
Riprap (9 Inch)
CY
130
• 601
Concrete Class D (With Reber)
CY
126
603
24 Inch Reinforced Concrete Pipe
(Complete In Place)
LF
40
603
30 Inch Reinforced Concrete Pipe
(Complete In Place)
LF
48
603
23x14 Inch Reinforced Concrete
Pipe Elliptical (Complete In Place)
LF
104
603
30x19 Inch Reinforced Concrete
Pipe Elliptical (Complete In Place)
LF
240
603
24 Inch Reinforced Concrete End
Section
EA
2
603
30 Inch Reinforced Concrete End
Section
EA
2
603
23x14 Inch Reinforced Concrete
End Section Elliptical
EA
4
603
30x19 Inch Reinforced Concrete
End Section Elliptical
EA
10
603
15 Inch Corrugated Steel Pipe
LF
240
603
24 Inch Corrugated Steel Pipe
LF
225
603
24 Inch Steel End Section
EA
2
603
12x3 Foot Concrete Box Culvert
(Precast)
LF
64
603
16x5 Foot Concrete Box Culvert
(Precast)
LF
11411.
607
Fence Barbed Wire with Metal Posts
LF
10,599
607
Fence (Plastic)
LF
300
607
12 Foot Gate
EA
2
612
Delineator (Type I)
EA
78
BID NO # B1700046
ITEM
NO.
BID SCHEDULE (ADDENDUM #1):
ITEM DESCRIPTION
UNIT
BID
QUANTITY
UNIT PRICE
(DOLLARS)
TOTAL PRICE
(DOLLARS)
612
Delineator (Type II)
EA
9
612
Delineator (Flexible) (Type III)
EA
44
614
Sign Panel (Class I)
SF
113
614
Sign Panel (Class II)
SF
197
614
Steel Sign Posts (2x2 Inch Tubing)
LF
389
614
Steel Sign Support (2-1/2 Inch NP -40)
(Post)
LF
59
614
Steel Sign Support (2-1/2 Inch NP -40)
(Slipbase)
EA
6
614
Barricade (Type 3 F -D) (Permanent)
EA
3
620
Field Office (Class 1)
EA
1
620
Sanitary Facility
EA
2
621
Detour Pavement
SY
1,944
625
Construction Surveying
LS
1
626
Mobilization
LS
1
627
Epoxy Pavement Marking
GAL
271
627
Pavement Marking (Waterborne)
GAL
145
627
Preformed Plastic Marking
(Word -Symbol)
SF
1,457
629
Survey Monument (Type 4)
EA
4
630
Flagging
HR
2,188
630
Traffic Control Inspection
DAY
100
630
Traffic Control Management
DAY
50
BID NO # B1700046
ITEM
NO.
BID SCHEDULE (ADDENDUM #1):
ITEM DESCRIPTION
UNIT
BID
QUANTITY
UNIT PRICE
(DOLLARS)
TOTAL PRICE
(DOLLARS)
630
Barricade (Type 3 M -B) (Temporary)
EA
48
630
Construction Traffic Sign
(Panel Size A)
EA
104
630
Construction Traffic Sign
(Panel Size B)
EA
18
630
Portable Message Sign Panel
DAY
600
I630
Drum Channelizing Device
EA
58
630
Concrete Barrier (Temporary)
LF
640
603
8 Inch Schedule 40 Steel Pipe
LF
140
700
F/A Minor Contract Revisions
FHA
1
$ 200,000.00
$ 200,000.00
700
F/A Asphalt Pavement Incentive
F/A
1
$ 100,000.00
$ 100,000.00
700
F/A Fuel Cost Adjustment
F/A
1
$ 5,000.00
$ 5,000.00
700
F/A Asphalt Cement Cost Adjustment
F/A
1
$ 10,000.00
$ 10,000.00
700
F/A On the Job Training
(HR)
HA
320
$ 2.00
$ 640.00
700
F/A Erosion Control
1
$ 20,000.00
$ 20,000.00
NOTE: INCLUDE ALL FORCE ACCOUNT ITEMS IN TOTAL BID AMOUNT
Total Bid (Dollars):
BID NO # B1700046
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WELD COUNTY
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SH392 & WCR74 INTERSECTION IMPROVEMENT PROJECT
Bid Request No. B1700046
Weld County, Colorado
ADDENDUM NUMBER TWO
TO DRAWINGS, CONTRACT DOCUMENTS AND SPECIFICATIONS
March 22, 2017
The following shall be as fully a part of the above named Drawings, Contract Documents and
Specifications as if therein included and shall take full and complete preference over anything
contained therein to the contrary.
Acknowledgment: Each bidder shall indicate their acknowledgment of receipt of this
Addendum in the place provided on the Bid Proposal, Page 21.
Each and every bidder, subcontractor, and material supplier shall be responsible for reading each
and every item in this Addendum to ascertain to what extent and in what manner it affects the work
in which he is interested.
PROJECT SPECIAL PROVISIONS:
Revisions of Section 216 — Soil Retention Covering: Section 216.02 (b) Turf Reinforcement Mat.
Delete this section in its entirety and replace with the following.
(b) Portions of the new roadways being constructed are designed to overtop with drainage water
during a significant storm event. Therefore, these areas are designed to be protected from erosion
by utilizing a high performance turf reinforcement mat. The product supplied shall be Pyramat 75
HPTRM, or an approved equal. Any approved equal shall meet or exceed the material property
values highlighted on the attached product data sheet. TRM shall be installed per the Construction
Requirements (Sections 216.03 through 216.06) of these Project Special Provisions.
Prepared By: Michael Bedell, P.E.
Senior Engineer
PYRAMAT
Product Data
PYRAMAT® 75 HPTRM
PYRAMAT® 75 high performance turf reinforcement mat (HPTRM) is a three-dimensional, lofty, woven
polypropylene geotextile that is available in green or tan which is specially designed for erosion control
applications on steep slopes and vegetated waterways. The matrix is composed of polypropylene monofilament
yarns featuring X3® technology woven into a uniform configuration of resilient pyramid -like projections. The
material exhibits very high interlock and reinforcement capacity with both soil and root systems, demonstrates
superior UV resistance, and enhances seedling emergence.
PYRAMAT® 75 conforms to the property values listed belowl and is manufactured at a Propex facility having
achieved ISO 9001:2008 certification. Propex performs internal Manufacturing Quality Control (MQC) tests that
have been accredited by the Geosynthetic Accreditation Institute - Laboratory Accreditation Program (GAI-LAP).
PROPERTY
[ TEST METHOD
I ENGLISH
[ METRIC
ORIGIN OF MATERIALS
% U.S. Manufactured 1 100%
100%
PHYSICAL
Mass/Unit Area 2
ASTM D-6566
13.5 oz/yd2
458 g/m2
Thickness 2
ASTM D-6525
0.40 in
10.2 mm
Light Penetration (% Passing) 3
ASTM D-6567
10%
10%
Color
Visual
1 Green or Tan
MECHANICAL
Tensile Strength 2
ASTM D-6818
4000 x 3000 lbs/ft
58.4 x 43.8 kN/m
Elongation 2
ASTM 0-6818
40 x 35 %
40 x 35 %
Resiliency 2
ASTM D-6524
80%
80%
Flexibility 4
ASTM D-6575
0.534 in -lb
616,154 mg -cm
ENDURANCE
UV Resistance % Retained at 3,000 hrs n
ASTM D-4355
90%
90%
UV Resistance % Retained at 6.000 hrs 4
ASTM D-4355
I _ 90%
90%
PERFORMANCE
Velocity (Vegetated) 4' 5
Large Scale
25 ft/sec
7.6 m/sec
Shear Stress (Vegetated) 4' 6
Large Scale
16 lb/ft2
766 Pa
Mannin rs n (Unvegetated) 4'6
Calculated
I
0.028
0.028
Seedling, Emergence 4
ASTM D-7322
296%
296%
ROLL SIZES
8.5 ft x 120 ft
15.0ftx120ft
2.6 m x 36.6 m
4.6mx36.6m
WV IL7',
1 The property values listed above are effective 02/08/2017 and are subject to change without police
2 Minimum average roil values (MARV) are calculated as the typical minus two standard deviations Statistically, it yields a 97 7% degree of confidence that any samples taken from quality assurance testing
will exceed the value reported
3. Maximum Average Roll Value (MaxARV), calculated as the typical plus two standard deviations Statistically, it yields a 97 7% degree of confidence that any sample taken during quality assurance testing Will
meettn the value reported
4 Typical Value
5 Maximum permissible velocity end shear stress has been obtained through vegetated testing programs featuring specific sot types, vegetation classes, Flow conditions, and failure criteria These conditions
may not be relevant to every project nor are they replicated by other manufacturers. Please contact Propex for further information_
G Culuuated as vixen! values!rem {hrgeacela ttexihlx, many eh l lei cg tent preppies with a flow depth crG fri 17 Ind -pm
lea 1-11(• th1:0011t4TOUIA *I% 21
Propex•
GEOSOLUTIONS
Engineered Earth ArmoringSalutionTM
www.propexglobal.com
Propex Operating Company, LLC • 4019 Industry Drive • Chattanooga, TN 37419
ph 800 621 1273 • ph 423 855 1466
ARMORMAe, PYRAMAT®, LANDLOK®, x3m, GEOTEXe, PETROMAT°, PETROTAC°, REPLECTEX®, and GRIDPRO® are registered trademarks of Propex Operating Company, LLC
This publication should not be construed ea engineering advice While Information contained In this publication is accurate to the best or our knowledge, Proper does not warrant Its accuracy or completeness The ultimate customer and user or the
product. should assume sole responalbllltyfor the heal determination of the suitability of the Information and the products for the contemplated and actual use The only warranty made by Prop..for its products le eat forth In our product data sheets
for the product, or such other written warranty as may be agreed by Propel and individual customers Proper spechlcelly disclaims all other warranties, express or implied, including without limitation, warranties of merchantability or Fitneea For a
particular purpose, or arising horn provision of samples, a course of dealing or usage of trade
® 2017 Propex Operating Company, LLC
Certificate of Insurance
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN
INSURANCE POLICY AND DOES NOT AMEND. EXTEND, OR ALTER THE COVERACiE AFFORDED BY THE POLICIES LISTED BELOW. POLICY LIMITS ARE NO LESS THAN THOSE
LISTED. ALTHOUGH POLICIES MAY INCLUDE ADDITIONAL SUBLIMIT/LIMITS NOT LISTED BELOW.
This is to Certify that
I Simon Contractors, Inc.
PO Box 209
Cheyenne WY 82003
L
NAME AND
ADDRESS
OF INSURED
Liberty Mutual„
INURANE
is, at the issue date of this certificate, insured by the Company under the policy(ies} listed below. The insurance afforded by the listed policy[ies} is subject to all their terms. exclusions and
Conditions and is nor altered by any requirement. term or condition of any contract or other document with respect to which this certificate may be issued.
TYPE OF POLICY
�
��99
El
EXP DATE
CONTINUOUS
EXTENDED
POLICY TERM
POLICY NUMBER
LIMIT OF LIABILITY
WORKERS
COMPENSATION
4/1/2018
WC7-631-004090-857
CWC
UNDER ES:
LAW O. THEGE FOLLOWIORDEDNG
LAW OF THE FOLLOWING STATES:
All States except:
ND, OH, WA, WY
EMPLOYERS LIABILITY
Bodily Injury by Accident
1,000,000 Lid, Acudcnc
Bodily Injury By Disease
$1,000,000 ,P,,,,-, Lung
Bodily Injury By Disease
$1,000,000 Gachf> r,rin
GENERAL
ry
El
COMMERCIAL
LIABILITY
OCCURRENCE
CLAIMS MADE
4/1/2018
TB2-631-004090-877
-Includes Per Project Aggregate
-Includes XCU
General Aggregate
$2,000,000
products / Completed Operations Aggregate
$2,000,000
Each Occurrence
$1,000,000
Personal & Advertising Injury
$1,000,000 Per Person / Organization
RETRO DATE
Other
Damages to Premises: $100,000
Other
Medical Payments: $10,000
AUTOMOBILE
LIABILITY
ry
WWII OWNED
ElNON -OWNED
El HIRED
4/1/2018
AS2-631-004090-867
Each Accident —Single Limit
000
$1,000,B.I. And P.D. Combined
Each Person
Each Accident or Occurrence
Each Accident or Occurrence
OTHER
ADDITIONAL COMMENTS
Re: Project: SH-392 & WCR 74 Intersection Improvements
Weld County and Colorado Department of Transportation are additional insured with regards to general liability and automobile liability,
as their interest may appear, where required by written contract.
If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date.
NOTICE OF CANCELLATION: NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW_)
BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE
INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE
OF SUCH CANCELLATION HAS BEEN MAILED TO:
Weld County
PO Box 758
Greeley CO 80632
7 coi n-12. - pc). CiOn r c) -
Liberty Mutual
Insurance Group
Courtney Connolly
Weston / 0102
13 Riverside Rd; Riverside Office Park
Weston MA 02493-2298 781-891-8900 4/19/2017
AUTHORIZED REPRESENTATIVE
L
OFFICE
PHONE DATE ISSUED
This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 07-10
35181936 I LM 57 14/17-4/18 - Simon Contractors - All Lines I Donna Smitala 14/19/2017 9:30:20 AM (CDT) I Page 1 of 1
LDI COI 268896 02 11
i oN - emmisrr
ACCEPTANCE OF FUEL COST ADJUSTMENTS:
Bidders have the option to accept Fuel Cost Adjustments in accordance with the Revision of Section 109 — Fuel
Cost Adjustment. To accept this standard special provision, the bidder must fill in an 'X" next to the "YES" below.
No Fuel Cost Adjustment will be made die to fuel cost changes for bidders who answer "NO", Jf neither line is
marked, the Department will assume the bidder resects Fuel Cost Adjustments for this project. After the bids are
submitted, bidders will not be given any other opportunity to accept or reject the adjustment.
YES, l choose to accept Fuel Cost Adjustments for this project.
NO, I choose NOT to accept Fuel Cost Adjustments for this project.
NOTE: The following are items of work to be completed by Weld County:
• Materials Quality Acceptance Testing
• Construction Inspection
• Erosion Control Supervisor
RECEIPT OF ADDENDA
The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and
other Contract Documents.
Addendum No. 1
Addendum No. 2
Date: 3/16/2017 By:
Date: 3/22/2017
By:
Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule.
Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed.
The undersigned, by his or her signature, hereby acknowledges and represents that:
1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the
request for proposal for Request No. #B1 700046
2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes.
3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal
sheets.
4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not
limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County,
together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld
County.
5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the
bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The
bid(s) may be awarded to more than one vendor.
FIRM Simon Contractors
BUSINESS
ADDRESS 4819 S. Industrial Service Rd
By Quint Davis
CITY, STATE, ZIP CODE Cheyenne, WY 82007
TELEPHONE NO 307-632-7900
7
x SIGNATURE
E-MAIL gdavis@simoncontractors.com
(Please print)
DATE 3/30/2017
FAX 307-634-2651 TAX ID # 83-0310227
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION
NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -13.
BID NO # B1700046
Page 21
Item No.
BID SCHEDULE (ADDENDUM #1): ITEM
DESCRIPTION
Unit
Bid
Quantity
Unit Price
(Dollars)
Total Price
(Dollars)
201
Clearing and Grubbing
LS
1
$16,000.00
$16,000.00
I 202
Removal of Tree
EA
4
$1,146.69
$4,586.76
202
I
Removal of CMP
LF
370
$50.82
$18,803.40
202
Removal of RCP
LF
200
$51.82
$10,364.00
202
Removal of Asphalt Mat (Planing)
SY
i
I 10,441
$1.29
$13,468.89
202
Removal of Asphalt Mat (Planing) (Special)
SY
8,386
$3.43
$28,763.98
I
202
Removal of Pavement Markings
SF
14,480
$1.00
$14,480.00
202
Romoval of Ground Sign
EA
15
$119.30
$1,789.50
202
Removal of Fence
LF
9,868
$2.03
$20,032.04
203
Unclassified Excavation (Complete
in Place)
CY
33,055
$4.71
$155,689.05
i
203
Embankment (Complete in Place) (R20)
CY
15,377
$21.15
$325,223.55
203
Embankment (Complete in Place) (R40)
CY
10,769 '
$20.77
$223,672.13
203
Muck Excavation I
CY
11,236 1
$11.76
$132,135.36
203
Proof Rolling
HR
300
$97.75
$29,325.00
203
Backhoe
HR
25
$150.00
$3,750.00
203
Potholing
HR
25
$325.94
$8,148.50
206
Structure Excavation
CY
318
$60.40
$19,207,20
206
Structure Backfill (Flow -Fill)
CY
509
$131.41
$66,887,69
207
Topsoil (Stockpile and Redistribute) .
CY
5,968
$5.97
$35,628.96
208
Erosion Log Type 1 (12 Inch)
LF
648
$5.75
$3,726.00
BID NO # B1700046
Page 16
Item No.
BID SCHEDULE (ADDENDUM #1): ITEM
DESCRIPTION
Unit
Bid
Quantity
Unit Price
(Dollars)
Total Price
(Dollars)
208
Silt Fence LF
39,029
$1.00
$39,029.00
208
Concrete Washout Structure EA
2
$1,773.62
$3,547.24
209
Dust Palliative (Magnesium Chloride) GAL
1,000
$7.34
$7,340.00
210
Reset Mailbox Structure EA
3
$1,097,48
$3,292.44
I
210
Reset Ground Sign EA
6
$324.42
$1,946.52
211
Dewatering DAY
42
$10.00
$420.00
212
Seeding (Native) AC
10
$270.00
$2,700.00
212
Seeding (Special)
' AC
3 i
$190.00
$570.00
213
Mulching (Weed Free Hay)
AC
10
$650.00
$6,500.00
Soil Retention Blanket
(Straw/Coconut)-Landlok S2BN or
216 Equivalent
SY
5,831
$2.00
$11,662.00
Turf Reinforcement Mat (Class 3)-
216 Pyramat or Equivalent
SY
5,831
$18.25
$106,415.75
304 Aggregate Rase Course (Class 6)
TON
34,652
$15.71
$544,382.92
Aggregate Base Course (Surface
304 Graver)
TON
2,538
$15.71
$39,871.98
304
Aggregate Base Course
(Shouldering)
CY
2,633
$16.95
$44,629.35
304
Aggregate Base Course (RAP)
SY
2,043
$17.12
$34,976.16
403
Hot Mix Asphalt (Patching)
(Asphalt)
TON
1,000
$77.32
$77,320.00'
403
Hot Mix Asphalt (Grading SG)
(100) (PG 64-22)
TON
18,964
$64.16
$1,216,730.24
403
Hot Mix Asphalt (Grading S)
(100) (PG 76-28)
TON
3,614
$82.42
$297,865,88
403
Hot Mix Asphalt (Grading S)
(100) (PG 64-28)
TON
5,974
$73.93
$441,657.82
Hot Mix Asphalt (Grading SX)
403 (100) (PG 64-28)
TON
1,723
$89.40
$154,036.20
BID NO # B1700046
Page 17
'
Item No.
BID SCHEDULE (ADDENDUM #1): ITEM
DESCRIPTION
Unit
Bid
1
Quantity
Unit Price
(Dollars)
Total Price
(Dollars)
420
I
Geotextile (reinforcement)
SY
15,567
$4.50
$70,051.50
503
Riprap (9 Inch)
CY
130
$224.45
$29,178.50
601
Concrete Class D (With Reba r)
CY
126
$452.05
$56,958.30
I24
603
inch Reinforced Concrete Pipe
(Complete In Place)
LF
40
$71.00
$2,840.00
603
30 Inch Reinforced Concrete Pipe
(Complete In Place)
LF
48
$85.00
i
$4,080.00
603
23x14 Inch Reinforced Concrete
Pipe Elliptical (Complete In Place)
I LF
104
$80.00
$8,320.00
603
30x19 Inch Reinforced Concrete
Pipe Elliptical (Complete In Place)
LF
240
$97.00
$23,280.00
603
24 Inch Reinforced Concrete End
Section
EA
2
i
$906.25
$1,812.50
603
30 Inch Reinforced Concrete End
Section
EA
2
$1,206.25
$2,412.50
603
23x14 Inch Reinforced Concrete
End Section Elliptical
EA
4
$506.25
$2,025.00
603
30x19 Inch Reinforced Concrete
End Section Elliptical
EA
10
$1,187.50
$11,875.00
603
15 Inch Corrugated Steel Pipe
LF
I 240
$52.25
$12,540.00
I603
24 Inch Corrugated Steel Pipe '
LF
225
$55.251
$12,431.25
603
24 Inch Steel End Section
EA
2
$250.00
$500.00
603
12x3 Foot Concrete Box Culvert
(Precast)
LF
64
$1,324.49
$84,767.36
603
16x5 Foot Concrete Box Culvert
(Precast)
LF
144 i
$1,682.78
$242,320.32
607
Fence Barbed Wire with Metal Posts
LF
10,599 I
$2.72
$28,829.28
607
Fence (Plastic)
LF
300
$6.17
$1,851.00
607
12 Foot Gate
EA
2
$1,559.00
$3,118.00
612
Delineator (Type I)
EA
78
$30.00
$2,340.00
BID NO # B1700046
Page 18
Item No.
BID SCHEDULE (ADDENDUM #1): ITEM
DESCRIPTION
I
Unit
Bid
Quantity
Unit Price
(Dollars)
Total Price
(Dollars)
612
Delineator (Type II)
EA
9
$35.00
$315.00
612
Delineator (Flexible) (Type III)
EA
44
$42.00
$1,848.00
614
Sign Panel (Class I)
SF
113
$18.00
$2,034.00
614
Sign Panel (Class II)
SF
197
$22.00
$4,334.00
614
Steel Sign Posts (2x2 Inch Tubing)
LF
389
$14.00
$5,446.00
614
Steel Sign Posts (2-1/2 Inch NP -40)
(Post)
LF
59
$13.00
$767.00
614
Steel Sign Support (2-1/2 Inch NP -40)
(Slipbase)
EA +
6
$200,00
$1,200.00
614
Barricade (Type 3 F -D) (Permanent)
EA
3
$1,150.00
$3,450.00
620
Field Office (Class 1)
EA
1
$14,947.54
$14,947.54
620
Sanitary Facility
EA
2
$996.44
$1,992.88
621
Detour Pavement
SY
1,944
$23.89
$46,442.16
625
Construction Surveying
LS
1
$97,500,00
$97,500.00
626
Mobilization
LS ,
1
$709,228.92
$709,228.92
627
Epoxy Pavement Marking
GAL
271
$95.00)
$25,745.00
627
Pavement Marking (Waterborne)
GAL 145
$65 00
$9,425.00
627
Preformed Plastic Marking (Word -
Symbol)
SF 1,457
$17.50
$25,497.50
629
Survey Monument (Type 4)
EA 4
$600 00
$2,400.00
630
Flagging
HR 2,188
$23.00
$50,324.00
$7,000.00
630
Traffic Control Inspection
DAY 100
$70.00
630
Traffic Control Management
DAY 50
$650.00
$32,500.00
BID NO # B 1700046
Page 19
item
No.
BID SCHEDULE (ADDENDUM #1); ITEM
DESCRIPTION
Unit
Bid
Quantity
Unit Price
(Dollars)
Total Price
(Dollars)
630
Barricade (Type 3 M -B) (Temporary)
EA
48
$100.00
$4,800.00
630
Construction Traffic Sign
(Panel Size A)
EA
104
$75.00
$7,800.00
630
Construction Traffic Sign
'(Panel Size B)
EA
18
$100.00
$1,800.00
630
Portable Message Sign Pane!
DAY
600
$33.00
$19,800.00
630
Drum Channelizing Device
EA
58
I $30.00
$1,740.00
630
Concrete Barrier (Temporary)
LF
640
$48.16
$30,822.40
603
8 Inch Schedule 40 Steel Pipe
LF
140
$126.10
$17,654.00
700
F/A Minor Contract Revisions
F/A
1
$200,000.00
$200,000.00
700
F/A Asphalt Pavement Incentive
F/A
1
$100,000.00
$100,000.00
700
F/A Fuel Cost Adjustment
F/A
1
$5,000.00
$5,000.00
700
F/A Asphalt Cement Cost Adjustment
F/A
1
$10,000.00
$10,000.00
700
F/A On the Job Training
F/A
(HR)
320
$2.00
$640.00
700
F/A Erosion Control
F/A
1 J
$20,000.00
$20,000.00
NOTE: INCLUDE ALL FORCE ACCOUNT ITEMS IN TOTAL BID AMOUNT.
Total Bid (Dollars);
$6,230,559.42
BID NO #B1700046
Page 20
BID BOND
PROJECT: SH 392 & WCR 74 INTERSECTION IMPROVEMENT PROJECT
KNOW ALL MEN BY THESE PRESENTS, that Simon Contractors
as
Principal, and Liberty Mutual Insurance Company as Surety, are hereby
held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Five Percent
of Amount Bid Dollars ($ 5% ), lawful money of the United States of
America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly to these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying
Bid dated March 30 , 2017 for the SH 392 & WCR 74 INTERSECTION IMPROVEMENT PROJECT as set out in the
accompanying Bid.
WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either
a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid
Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction
if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not
as a penalty for the principal's failure to perform.
NOW THEREFORE, if the principal shall, within the period specified therefore:
A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in
accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be
required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said
Contract, or
B. Withdraw said Bid within the time specified, or
C. Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this
obligation shall be void and of no effect, otherwise to remain in full force and effect.
IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this
30th day of March , 2017 the name and
corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned
representative pursuant to authority of its governing board.
Principal Simon Contractors
Address P.O. Box 209, 4819 South Industrial Road, Cheyenne, WY 82003
ATTEST: 12a
By:
By.
ATTEST:
By:
Cavel Dixon-Rubeor, Witness
Adam Marlin, kttamdy-In-Fact
Surety Liberty Mutual Insurance Company
Address 175 Berkeley Street, Boston, MA 02116
BID NO # B1700046
Page 22
INSTRUCTIONS
The full firm name and residence of each individual party to the bond must be inserted in the first paragraph.
If the principal is a partnership, the full name of all partners must be inserted in the first paragraph which must recite
that they are partners composing the partnership (to be named), and all partners must execute the bond as
individuals.
The state of incorporation of each corporate party to the bond must be inserted in the first paragraph and the
bond must be executed under the corporate seal of said party attested by its secretary or other authorized
officer.
Power of Attorney must accompany this bond when signed by other than an officer of either the principal or
surety.
A standard printed bond form may be used in lieu of the foregoing form provided that the security stipulations
protecting the Owner are not in any way reduced by use of such standard printed bond form.
BID NO # B1700046 Page 23
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No. 7590312
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS SY THESE PRESENTS: Thal The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly
organized under the laws of the State of. Indiana (herein cutleclively called the 'Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint,
Adam Martin: Aimee R. Perondincs; Aiza Lopez; Ashley Sinclair; Brian Peters; Danielle D. Johnson; Donna M. Planate; Jennifer M. Garten: Joshua
Sanford; '{Uri Ann Smith; Michetle Anne McMahon, Nicole Ann Clark; Stacy Rivera; Stephani A. Trudeau
all of the city of Hartford , state of CT each individually if there be mare than one named, its Irue and lawful attorney -infect to make, execute, seat, acknowledge
and deliver, for and on its behalf as surety and as its act and deed; airy arid at undertakings, bonds, recognizances and other surety obligations; in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the sesrelary of the.C"ornpanies in their awn proper persons.
IN WITNESS WHEREOF, this Power of Attorney. has: been subscribed by an authorized officer or Official of the Companies and the corelerate Seals of the Companies hake been affixed
thereto this 10th day of Jnmrcrry , •2017 ,
STATE OF PENNSYLVANIA as
COUNT' OF MONTGOMERY
The Ohio Casualty Insurance Company
Liberty Mutual Insurance Company
West American Insurance Company
1174.
By:
l f
David M. Carey,, rsssiarn Secretary
On this 10th day of January , 2017 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
rl,erein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written
CO5PMONWriALTH OF PENNSYLVANIA
Notarial Seal
Teresa Pastella, Notary Public i
Upper Merlon Twp , Montgomery County
My Commission Expires March 28, 2017
Member. Pennsylvania Association or Notaries
By: .GO rC )/14.-t61
Teresa Pastelln, Notary Public
ries Power of Attorney is made and executed pursuant to and by authority of the following By-laws- and Authorizations of The Ohio Casualty insurance Company, Liberty Mutual
insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV- OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject
to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make; execute, seal,
acknowledge and deliver as surety any and all undertakings, bonds, recognizances and:other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective
powers of attorney, shall have full power to bind the Corporation by their signature And execution of any such instruments and to attach thereto.the seal of the Corporation. When so
executed, such instruments shall be as binding as if signed. by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under
the provisions of this article may be revoked at any time by the Beard, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII - Execution of Contracts -SECTION S. Surety Bonds and Undertakings. Any officer of the Company Authorized for that purpose in writing by the chairman or the president,
and subject tesuch limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute,
seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations Such attorneys -in -fact subject to the limitations set forth in their
respeclive powers of attorney, shall have full power to bind the Corneae by their signature and execution cf any such instruments and to attach thereto the seal of the Company. When so
executed such instruments shall be as binding as if signed by the president and attested by the secre#ary.
Cerlificale of Designation - The President of the Company, acting pursuant IO the Bylaws of the Company. authorizes eavid M. Carey, Assistant Secretary to appoint such attorneys -in-
tact as relay be necessary Iv act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety airy and all uncEerlakinigs, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that. lac simile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a cenifed copy of any power of attorney issued by the Company in c❑nneelepn with surety bonds, shall be valid -and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee a Llewellyn, the undersigned, Assislant Secretary, The Clue Casually Insurance Company, Liberty IUlutual Insurance Company, arc' West American Insurance Company io
hereby eerie,/ teat the original power of attorney at which the foregoing is a full, true and correct copy of the Power of Attorney executed Sy.sairi C❑mlranies, is in lull fonts and creel and
has ndt been revoked.
IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed the seals of said Compan, ies this f•- ,,1 day of
By:
.20
Renee C. Llsw ssislant Secretary
LMS _12873 .082010
7 of 500
Liberty
Mutual
SURETY
LIBERTY MUTUAL INSURANCE COMPANY
FINANCIAL STATEMENT — DECEMBER 31, 2015
Assets Liabilities
Cash and Bank Deposits $753,038,641
*Bonds— U.S Government ........................ __..... _ 1,547,613,446
*Other Bonds . 11,088,162,545
*Stocks................................................................ 9,919,835,033
Real Estate 295,926,247
Agents' Balances or Uncollected Premiums 4,487,501,643
Accrued Interest and Rents 120,872,424
Other Admitted Assets
Total Admitted Assets $,42.343 216,596
Unearned Premiums $6,580,520,311
Reserve for Claims and Claims Expense 16,9 17,138,677
Funds Held Under Reinsurance Treaties 210,794,503
Reserve for Dividends to Policyholders 358,033
Additional Statutory Reserve 29,659,093
Reserve for Commissions, Taxes and
Other Liabilities 2.78' 73_?7[i
Total $26,527,948,893
Special Surplus Funds $67,890,944
Capital Stock 10,000,000
Paid in Surplus 8,829,183,823
Unassigned Surplus 6,908,192,846
Surplus to Policyholders 15,815,267.613
Total Liabilities and Surplus '342,343,216,506
* Bonds are stated at amortized or investment value; Stocks at Association Market Values.
The foregoing financial information is taken from Liberty Mutual Insurance Company's financial
statement filed with the state of Massachusetts Department of Insurance.
I, TIM MIKOLAJEWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true, and
correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2015, to the best of nay knowledge and belief.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 15th day of
March, 2016.
Assistant Secretary
S-1262LMIC/a 3/16
1A1-9
f I,t.,Lln �vd ..l.ia •. rr••. t•1.
Ir6 tn:if}-,,
Request for Taxpayer
identification Number and Certification
r-Frm•de. •lt..`..1 .;. rr_., t,,Y •-Nnr.
Simon Contractors
"!r r--i �ilr7, ..n. rl•;II
1 •-err •.slur
S
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I PO Box 209
•.e. a.:. rNdP.>crgt:
I Cheyenne, WY 82003
Wave Form to the
requester. Donut
seed 10 the IRS%
•I -t1-.] ;ITN sine.. ,rllr:t.hr. tI,r.lvt,l
Taxpayer identification Number (TIN)
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as rook bacE.up ,ti thhoiii sc,. i 71 [i1Cli.it?ld5.Ibis is your social secCrttyRlilrlbc•i r'SSN;• 1 -{cry -,s,„, et, or
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number r4 LlI r.
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BID NO# B1700046
Page 24
COLORADO DEPARTMENT OF TRANSPORTATION
ANTI -COLLUSION AFFIDAVIT
''ti 7b0046
, State HWY 392 & WCR 74
1----
; thereby attest that I am !ht Gerson responsiLie within my firm ter Ina brut decision as to the prreta; and amount or Ins
bid or it nnt, itrat [ ilev, , xniterr authorial -ion. errufrssed neaawt:ih, Nam that ..erserr Io make the stalemenis set out heron' on
his or her berta% and on benatr of my lfm
i
t battier attest that;
t. The rcets1 and arnoUnt Oi tilt t7rd have been arri et at indepenclEdttfy,, without consultation, COrmiunnicatiart or
aoreornent for the pan-dr.-6e or war the effect of restricting cnminellion soffit any other firm or peis)n whit is a bidder
or potential prime bidden
2A. Neither the prroe s) nor the arra,unt of this Ord have Dann discrosed to abather firm Cr person who is a bidder or
potermaJ prime Otdder on mIs project. anti whir net be so is.o'csecr prior to bid opening.
21i. Neither the prices nor Erie amount of the n a or Illy other tarn or person who is a bidder or potential prime bidder on
this project have been disclosed to me nr my firm.
A. No attempt has been made to solicit ca•jse 3r induce any Sian or person who s a bidder or potential prime bidder to
refrain from biridinu rkrr this project. a !r, submit a Ord h.it.th,r than Ike bid of this fiirn of any inlentionoify hiryk or rum.
competitive Did or other form of r_ emprerre:ntary tiitI.
3E'. plc agreeir[enl has peen prorrnsed or salicitc-.a icr any other firm or person wtio is a bidder of potential prime trader
urr, itlf5 project to submit an intentionally high, nuneornpelitrve or older firm of corepierzrenlary bid on this project_
4. The bid of my fins/ is made in moon faim and not pursuant to any consultation. CommurtcatiorJ. agreement or
discussion with. 01 inducement apt soicrtation by or Irohn any Firm or pe-SCIii to submit any intentionally high. noncarn-
pe111ive Cr Other form o€ corrrplernentary thrd.
5. Only tirr[r has not elfered or entered rrrlc a suhcontrac! OF agreerrrent renaming the purchase or sate of rrraternafs or
soiviCes from arty Finn or person_ or offered. promised or paid ,cash or anythins of veftie to any find or person.
whether in convection wlllr flits or any other project. in consideration bcr an aureemenl or pnorriise by any firm or
person to retrain from bidding or :o suttrnrt any intenticrialty high. nolcornpetifive or other tom at complementary btcf
or agreeing or promising to do so on this project.
fA My [far has not accepted or been ofomis a any sots -contract or ae ieemenl regardsng the sale of materia#s Gtr
services to any firm or poison, and has nest been prctniserJ or paid cash or anylhing of value by any firm or person.
WhetilOr in conneothon with this or any other project, 0% COriaiderabon for my tirm's subrratIng any Intentionaity high.
nanconpetitive Or other bourn of complementary bid. or agr≥einy or promising lo do so. on this protect.
T. I have rrrtde a diluent inquiry of art members- officers, employees, and agents of my firm wilh responsrtvillties
rebating to the preparari,rr, approval or submission of iffy tirm's hid on this project and have been advised by each of
Mem that ne or she tzar not participated in any COfllmunica;ton. consultation. discussion. agreement, collusion, or
other conduct incorisisthrd with arty of the statement and lepresenlaiirn5 made in this aflidavil
S. I understand and my firm understands That any missrateinenit in this atfidavil is and shall be heated as a fraudulent
concealment horn the Colorado Departrnenit of Transportation. vi the true lads relating to submission of bids for this
contract.
f DECLA 1E UND£13 PENALTY OF P'ERJUFIY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR
€EDERAI. LAWS, THAT THE STATEMENTS MADE ON Tr-nS rN i JtJIErIr ARE TRUE ANt) COMPLETE TO THE BEST
OF MV KNOWLEDGE.
Simon Contractors
3/30/2017
Chief Estimator
Sworn to before me this 30th
'� Yz-�'Y�•'/Y �- �-ir-T
day of,
6/20/2019
NOTE: This document must be signed in ink.
March
2017
IP.
Jeannette Zimmerman • Notary L. Le
County of State of
Laramie .i i Wyoming
My Commission apes 20, 2019
O OT Form +i406 NY"<
BID NO # B1700046 Page 25
lCOLORAt7O DEPARTt4ENT OF TRANSPORTATION
'BIDDERS LIST
Project Name and Number
NCR 741SH-392 Intersection Impruvern- is
Proms
Proposal Dale Cer#irdclOr
Region
Simon Contractors
SubsonhactarslSuppNersi/eadors: lite bidder Owl III, all firms seeking to participate on to contract This informallon Ls used by Me
Colorado Department ce Transportn (C T)in determine overall goals Witte Disadvardaged Buse ess Enterprise Program Failure la
ubmit ills form may result in the proposal being rejected
F!7n Name Email
11
5, kyr
r
rid
Moc,L' fro ; IN- t",t
47 DS/ ee- e r• ll, c our+
Work Proposed
(Select alt that apply)
DBE
(YIN)
2
hN4,A lati4 i1 -r3�C ei51 v. 5
04, e , � k i. rr� k s o
r
A'
Ad
r•a,0,, r rrr j P£:r1.J L� rr�5J_
{ ( /e,
6, 21g Cd+rd..'wr
br-67 tr nbCri•iref'-Vrw�
3
/3
911,110•4 tOrpril.:4,4115.
1G
r
t'opie4ti.,-/',��,},x� .y., 2
(ft, 5
2
F) � 7-t 4 LF
ra.br.. SGw grab n7.telnr
tr i'i2 ar i.
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Z9
z
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,u is wr
eci• s
1C
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es d-
PAr1sr.1
e es I. O tLQsteSho-P,L
art 1
Jac
a
rat .I J1
+PGn 44.,d14 cv:r t.'",2 k -Cy( .e)
SW ,I
DP& AA sr
Pre butch
'Pr' r1
Kowa It
Pc
S U" krr..r
h.440.$ s$rrr.,
1-r`•'-rrn..e-):Aassw
r»,rIf.
0 F Its
111,'! � &rn&idSas r 6.03. rk,
5e491 S e C0 .r a;vr'.@� C+vm
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• try
co,- kkieS_cz.,
A,
1.0
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p
4,
I certify that the information proms herein is true and correct to the best of my lmo+rnfeKtge.
/3
1
r �
Quint Davis
IL°
N
Chief tirnalor,
Name
Signaturerinitials
Walk Proposed Categories:
fele.' aect S:'rpi:e3
2_ F'0 1:n. erid Tvalfi ; Ciarifr>N
3 T!?.x4rngerlctf-yauht]
4 Duerr-ost CoitcreleF'J:r:r:7c?li fug dn,J
coo flri•]s
5 .`dircrg?8 P,';rra oemorri. anti Repair
6 Lryrrrrrry and ErP+:hrr:dl
P S7c9rr5 SICJPa?Thrttlt grin ?iici ra{re'rrr]'.`e'+.r
8. Ferr.7.-rch)
Llvddoryjsans 1/eriicaf.Steucrrrras
tt? rJ,9hrf Water end Sewer Lines
Title
i# StiA:brre' Saner 3rrd S±e?!.e?u?fJrcernent
Rrpre„ ar J: t v G'8J i?eedmerr 'sirens
T3. rarr:la:dr• : are':7Isrtr rscf�o?
x4 BfkAr 4,10End. Dec* Constrwacr'
15 A.5,rr70lr r�.�Y7fn7
fB. Rt ,:lend Peek-ALot
'If Chip Seat C..ecir Saar PI' Selland
Cre,k Fin
l8 8r?dgH F6M—J'irJdl1i C:;G!kog
f9. 5rar n•ray eNd O' 1dr7I4rIrSi ,E Feld!
20 fi;rr.rr Lots an.i : ,snrrr errafrdeityks
3/30/17
Dale
21. Crearing_ t ri;iilr.. r Excara.'rerand
Far(hulrr-
22 Engrrre':uyaand S;;rieyrnq Se:vrcey
23. Poblic Relaionsaad env A'I,Aerrrent
24 Piles arid Deep F7-'uliragn.os
2.rs Wove : ienegementand Res, ying
28. .:.;:ge C'feen U
27. A;e4 henrcerand IlVAC
28: f inrrel Cr}psin' hr�r1
29, rr9,5,rirr(1and arrr!airrv_
30. c? v. ;nrn nrar h'+= :,1q and Safety
This form must be submitted by the proposal deadine. For CDOT projects, suburltto clot ttq, dbeformsgictate.co.us
J) L -r C
ei} t+rtiFr'r
4,'1 i p
r'
e,r, •'ral i 'al :.a}f�-
CDOT Form a .113 ('kl. 4
.4 •
BID NOit51700046 4.rwr . •1''�'
Zr."J ) 'A
lY,l'if7.a;rfak'U.'r-'y.
/ iv Page 26
COLORADO DEPARTMENT OF TRANSPORTATION
ANTICIPATED DBE PARTICIPATION PLAN
B1700046
Phone: 307-632-7900
Email: sbastian(Q7simoncorltract0rs.corn
Preferred Contact Method email
rt 7 r
i
DBE Commitments
Work to Be Performed
/I
Bidder Signature
This section must be signed by an individual with the authority to bind the bidder_ By signing this form, as an authorized
representative of the Bidder, you declare under penalty of perjury in the second degree and any other applicable state or federal laws
that the statements made in this document are true and complete to the best your knowledge. Further, you attest that you have read
the Standard Special Provision Disadvantaged Business Enterprise Requirements and understand the following:
CDOT shall not award a contract until it has been determined that the contract goal has been met or that you have otherwise
demonstrated good cause. Once your proposal has been submitted, commitments may not be modified or terminated without the
approval of COOT. If selected as the lowest apparent bidder, you shall submit a Form 1415 for each commitment listed above, If you
have not met the contract goal, you will also be required to submit documentation of all good faith efforts to meet the contract goal.
It is your responsibility to ensure that the selected DBEs are certified for the work to be performed and that their eligible participation
has beer properly counted. For additional information and instructions on calculating eligible participation, see the Standard Special
Provision Disadvantaged Business Enterprise Requirements.
3130!2017
5%
Commitment Eligible
Amount Participation
Total Eligible Participation
Total Bid Amount
Total Eligible Participation Percentage
Quint Davis
Chief Estimator
' /T.4
3/3012017
Name ` Title Sit nature Date
This form must be submitted by the proposal deadline. For CDOT projects, submit to cdot. hq_dbeformsgstate.co.us.
Civil Rights and Business Resource Center COOT Form 41414 01(14
BID NO # B1700046
Page 27
MEMORANDUM
Date: April 7, 2017
To: Trevor Jiricek, Director of General Services
From: Michael Bedell, P.E., Senior Engineer Mt3
RE: Bid Request No. 81700046
BOCC Approval Date April 17, 2017
Bids were received and opened on March 30, 2017 for contracted construction of the WCR74/SH392
Intersection Improvements Project. Seven (7) bids were received ranging from $6,230,559.42 to
$7,963,152.17 with the lowest bid submitted by Simon Contractors from Cheyenne, Wyoming. This
project entails a RAMP Grant from CDOT in the amount of $1,000,000 and a payment from the adjacent
High Sierra oil/gas facility in the amount of $1,000,000. Simon Contractors is currently performing
reconstruction of US85 between Ault and Eaton for CDOT, and is well qualified for this project.
The submitted bids have been reviewed for errors and completeness. One minor math error was
identified, but this error did not affect the bidding outcome. The bid tabulation has previously been
submitted for your information.
It is my recommendation to award the construction contract to Simon Contractors for a total amount of
$6.230.559.42, CDOT is in the process of reviewing the bid documents submitted by the contractor and
will soon give us their concurrence to award. The BOCC has recommended approval for this contract
award (see attached). I will follow up on the written comment by Commissioner Kirkmeyer, and make
sure our County Attorney Office reviews the associated construction contract before it is given to the
contractor. If this bid is approved by the BOCC on April 17`", construction will commence in May, 2017
and is planned to be completed in November, 2017.
�/n
ao/71 4,902D
aob%�
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: WCR 74/SH 392 Intersection Improvements — Construction Contract Award
DEPARTMENT: PUBLIC WORKS DATE: 4/03/2017
PERSON(S) REQUESTING: Don Dunker Manny Engineer). Michael Bedell (S •t r Engineer)
Brief description of the problem/issue:
On March 31, 2017 Weld County received seven (7) bids for this project. Public Works is recommending
contract award to the low bidder, Simon Contractors of Cheyenne, Wyoming, in the amount of $6,230,559,42.
Public Works 2017 budgeted amount for this project is $6,353,582. This project entails a RAMP Grant from
CDOT in the amount of $1,000,000 and a payment from the High Sierra facility in the amount of $1,000,000.
Simon Contractors is currently performing reconstruction of US85 between Ault and Eaton, and is well
qualified for this project.
CDOT is in the process of reviewing the contract documents for concurrence to award the construction contract.
Construction of this project is anticipated to occur May through October 2017.
Recommendation to the Board:
Public Works recommends the BOCC approve the bid from Simon Contractors. If recommended for approval,
Public Works will arrange for the Contract Award to be on the agenda for an upcoming BOCC Meeting on
April 17, 2017.
Approve Schedule
Recommendation Work Session Commeigs
Sean P. Conway
Julie A. Cozad, Chair
Mike Freeman
Barbara Kirkmeyer
Steve Moreno, Pro -Tern
Attachments: Bids Submitted on 3(30/17
WELD COUNTY PURCHASING
1150 0 Street Room #107, Greeley CO 80631
E-mail: mwaltersCdico.weld.co.us
E-mail: reverettt ≥co.weld.co.us
Phone: (970) 400-4222 or 4223
Fax: (970) 336-7226
DATE OF BID: MARCH 30, 2017
REQUEST FOR: WCR 74/SH 392 INTERSECTION IMPROVEMENTS
DEPARTMENT: PUBLIC WORKS DEPT
PROPOSAL NO: #61700046
PRESENT DATE: APRIL 3, 2017
APPROVAL DATE: APRIL 17, 2017
VENDORS
SIMON CONTRACTORS
4819 S INDUSTRIAL SERVICE RD
CHEYENNE WY 82007
SEMA CONSTRUCTION INC
7353 S EAGLE ST
CENTENNIAL CO 80112
DURAN EXCAVATING
14332 CR 64
GREELEY CO 80631
ZAK DIRT INC
14290 HILLTOP RD
LONGMONT CO 80504
CONNELL RESOURCES INC
7785 HIGHLAND MEADOWS PKWY SUITE 100
FT COLLINS CO 80528
MOUNTAIN CONSTRUCTORS INC
622 MAIN ST
PLATTEVILLE CO 80651
DON KEHN CONSTRUCTION INC
6550 S COUNTY RD 5
FT COLLINS CO 80528
*ENGINEER'S ESTIMATE - $7,200,000.00
PUBLIC WORKS WILL REVIEW THE BIDS.
TOTAL PROJECT AMOUNT
$6,230,559.42
$6,540,404.08
$6,756,091.55
$7,059,640.55
$7,245,773.91
$7,401,162.00
$7,963,152.17
2017-0920
(-t/3/117 Egooly-
BID TABULATION 340.17
WCR 74/SH 392 INTERSECTION IMPROVEMENTS B1700046
ITEM
NUMBER
CONTRACT ITEM
UNIT
ETI1MATED
QUANTITY
UNIT PILE TOTAL
fagMeers 511\0.114
UNIT PRICE TOTAL
Simon Nes
UNIT PRICE TOTAL
.SEMA 1EMA
201
Cor16 e6 OrWEly
IS
I
34060060
140,000.00
516.000.,00
16.000.000
560,000.00
16,000.00
202
Rommel of Tea
EAC11
4
5700.00
$3,100.00
51,14669
4,556760
11,000.00
$4000.00
202
Renewal of CMP
U
370
$16.00
59,62000
$50.12
11,303.400
116,00
113,320.00
202
Removal of RCP
U
200
126.00
55,20000
551.62
10,364.000
530.00
56,000.00
202
Rnovl10MOM Mac (Ihmp
SY
10,441
13.00
531,323.00
51.29
13.46190
51.40
516613.10
202
Raney& IAmpM Me MIANNO (Sp4c44)
SY
1316
53.00
523,151.00
53,43
21163.900
56.10
354,50),00
202
1403941 of PnmmO MerM01
SF
14,410
5065
39,412.00
$1.00
%410000
51.10
115,921.00
202
Removal otam0 Sip
64434
IS
$150.00
$3150.00
5119.30
1,719.500
171.00
51,05000
202
Rnsvdof?aa
U
9.161
1130
511,541.60
52.03
20032040
$1.00
$9,06.1 00
201
1160.l&6 Exemnm (LYI
CY
33.053
310.00
5323,530.00
54.70
135,619050
5500
516127500
203
EaWe60at(120)(CIPI
CV
15377
51500
5230655,00
$21.15
325.223.550
55.00
174665.00
203
FWosbal(R401(CM)
CY
10.769
511.00
1193,142,00
120.77
723671130
364,00
5251,4600
303
MEM EMmWo
CV
11136
12500
1210,900.00
511.76
132.133360
53.00
533,103.00
203
P3m(R611iy
HOUR
300
512530
337,500.00
597.75
29,325000
51100
52610000
203
Bs1Lut
1101M
25
5130.00
53,150.00
5150,00
3,710600
5190.07
$4.751.75
203
Potholing
HOUR
25
$145.00
54,121.00
5325.94
1,143.500
$310.00
15,250.00
206
SOea4n Exuma=
CY
311
520.00
16.360.00
560,40
19,207.200
52130
13.96,00
206
Snows 04 A0(PbafP)
CY
509
$150.00
576550.00
5131.41
661$7690
516000
111,410.00
207
Topoi1(SNNah NRe6YMb4)
CY
5.965
51?00
171,616,00
55.97
3162/960
$9.00
553,71100
300
Emo Log Type 1(12 MGM
U
646
54-70
53,015.60
55.75
3.726.000
54.10
52,65610
301
50Fna
LF
64,029
51.10
166,349,30
51.00
39019.000
1130
$50737.70
26
Caone Woshot NIUMn
FACII
2
1150000
53,000.00
51.77362
3347110
5350.00
51,100.00
209
ONE Palliative (Myiviu E1191de)
GAL
SOW
$200
52000.00
17.34
7304000
30.75
5750.00
210
ROM Melba M7mue
EACH
1
5240.00
3120.00
51,001.61
3,192.440
1210.10
5630.00
210
0.00000,04 Sip(
EACH
6
5275.00
31,130.00
5324,42
1,946420
5160.00
3960.00
211
pwSaMg
DAY
42
5500.00
521.081.00
510.00
420000
5290.03
112160.00
212
Sa61y (Native;
ACRE
10
5100.90
57,000.00
5270.00
2.70,00)
MOO
$2.10040
212
SNOW. (Sp JYl
ACRE
3
5650.03
51,950.00
3190.00
570.000
$190.00
530400
113
Mulching 6WMFla INN
ACRE
10
12.175.00
111,750.00
$630.00
6,500.000
5670.00
56,700.00
216
Soo RNENia BhmkENStrave/Ccconoll
59
5031
5235
511,702.15
52.00
11.662000
52.10
112,245,10
216
Turf Re1nfpntmRMR(M 31
SY
5,131
310.0
35531000
11135
106.415.750
519.00
3110,119.00
304
ASpyan We Cours44Cla 6)
10064
34,651
513.00
5/66100.00
513.71
344,30.910
513.50
5114522.00
204
Apmpm Bose ConWENN Omni)
TON
1531
510.00
17654000
515.71
39071910
$17.00
543,146.00
304
ASK= Woe Count (57ot 44(
CY
2,633
545,00
5111.485.10
$1693
44,629.350
3000
51641900
NN
Minim Bose Coma LRAM
SY
2,043
510.00
526430.00
517,12
36,916.160
660
5951130
104
Ha Mix A5p6M (POM„m5)
ION
1,000
5173.00
1175,000.00
371.31
77520.000
1120.00
5120,000.00
460
got 510 Ag6N5(SCR (100)(P06Y221
TON
11,964
01000
51,517,11000
164.16
1115.7/0240
3600
31,119,55100
$311031.00
403
Hot MIa ARAM(5)1190)P016-211
TON
3,604
540.00
5323,260.00
$12.42
197,165.110
51500
403
Hat MU Alpha, 111(100)01064.211
TON
5074
10000
5337,60.00
513.95
441.657.110
590.00
3537,66000
403
Hat MU A669411)Q(10W110613M
TON
0,723
19000
1151,070.00
539.6
131036.200
$91.01
5136010.3
420
0666,610 (IHbtam40Q
SY
15567
5400
562,26503
54.50
1005)400
14.00
1616.00
506
Ripe, (916h1
CY
130
111500
514,950.0
3114.41
29,171500
1110.00
$13201.00
601
Carne Clef 0 (NW Reb6aomM)
CY
126
$00.00
5100000.00
54526
56,051.300
61000
576,040.00
603
3116886466,056 Carat* Plpe(C5)
IS
40
5100.00
54,00000
$71.00
1,140.000
1103.00
$4,000.00
63 '16
Net ReiefatedCaawlipe (CP)
U
46
5120.00
55,16.00
515.00
4660.000
1110,00
51110.00
63
21414 tat Relafar6M Caoee Pipe ICI?)
U
106
5100.00
510,400,00
$10.00
1,120.000
5100510
3101600
603
30319 Inch 0webv6 Commit Ppe(CIP)
U
240
1120.00
52/00000
197.00
23110.000
512000
126.100.00
603
24 Inch Reiefmo-6 Comm. 565eplon
EACH
2
11,20000
1210000
5906.23
1.111500
11,200.00
12,40.00
603
30 I66 Re'uORadCms NW Seelim
EACH
l
51,100.00
53.600,00
511615
2.412.500
51500.03
53,00.60
603
11714 Deb ReM6a4 Ca,aae lad Semi®
EACH
4
$1,60000
57,200.00
150623
2,025.000
51.200.00
55,2)000
603
306196, Reinforced Comae EMSatim
EACH
10
52,000.00
120.000.00
$1,1%.50
11,,175.000
11,00060
514.00000
603
0 lath Compiled Si® Pip
Lf
140
545.00
$10500.00
553.15
12340.000
54100
$15,600.00
603
U Deb Omega® 5044 Pipe
LE
225
130.00
$11130.00
555,25
12!31.250
160.00
511000.00
603
24 In® Si M End Sala,
EACH
2
1400
5130,400
525000
500000
5300.00
31,160.60
603
1171 Fee Come Hat CMva(PrmO
11
64
11,300.00
176.100,00
51924.49
84,767.360
suotoo
563100.00
603
1665 fm Canoe Boo Clam i,Paeau)
IS
144
$110060
12593600
$1,612.78
241120.310
$1,'700.00
5241140.00
607
Fa® Darted Wirt with Mad Pam
11
10.599
53.50
1370960
52.72
21129250
54.70
149,113.30
607
Face (PW0a)(THperyl
IF
100
52.00
$4(10.00
$6.17
1,651.000
57.00
5{1600
607
I2 P60510,40.00
EACH
2
5600.00
11300.00
51,559.00
3.116.000
1410.00
59006
612
Deb4ae(Type 0
EACH
78
525.0
$1,950.00
530.01
2,340.000
U0.00
52.36000
612
Ddi6a(T31f10
EACH
9
529.00
1161.00
535.00
215.000
135.00
6315.00
612
DS (Type 111)(31911173
EACH
44
56000
5332000
142.00
1,541.000
542.00
51145.00
414
51® Pied1CDs. I)
SF
113
51200
13,486%
11100
1,036.00
5150
52,034.60
614
Sip had (CI® II)
SF
197
5250
14.925.00
$23.00
4334.000
1220
$4334.60
614
900 Sip Pate (2¢ lath Tubing)
10
3(9
S1000
53,8900
114.00
5.446.04
114.0
53,446.00
614
Su® 5,p Suppon(2-I/2' NP101(Poa)
LF
59
120.00
$1,180.00
51100
767.30
513,0
576700
614
Med Sip Support 12-1/2" NP101(SIW6e.)
EACH
6
120500
51.00.00
6200.00
13600
1200.60
51,20.00
614
Bmea&e(13p 3 F-0)(PtIU I)
EACH
3
5350.00
51.050.00
$1150.0
3,430.000
51,20000
531000
620
Field OW® (CI® l)
EACH
I
)20060.00
510,00.0
514,997.54
16.91)310
$25,00.0
135,000.00
620
Saticoy NW®
EACH
2
51150.00
14,300.0
599644
1.991.860
1300.60
$1,00.00
621
Mae Nyasa®
SY
1,944
560700
51165400
523.09
16,442.160
1370
$71,921.00
621
Coa4n40m Surveying
1$
I
5000000
500,00.0
$97.500.0
05300.0
150000
15
515.100.0
644
Mbiliawim
U
1
1321361.13
$321,261.15
$10,21_192
70,115920
2625,0000
$623,00.60
627
Epoxy Paten®Mellq
GAL
271
511000
$29110.00
195.00
25745.000
591.00
526,35109
627
Pompey) MmHg(W+nIa,e)
GAL
145
160.00
$1,709.60
$65.00
9.425.000
449.00
$10.095.00
627
Paton.® Platte Metl®(Wpel4H001)
SF
1457
115.00
521155.0
517.50
25,497.500
$11.0
526.22600
029
Saga 11010000 (T)3141
EACH
4
5250.0
91.00,60
160000
2,4000
550000
12,0000
610
Flaming
HOUR
2,115
125.00
154,700.00
511.0
$0124.000
133.00
110.3240
630
Indic Cori® l peaia,
DAY
100
5110.60
113,000,0
5702
7,00.00
371.00
$7,160.0
60
THI6c Cad® Maegmea
DAY
10
170000
535,0000
5650.0
32,50.00
26000
534,00.60
630
Be7NM4 (Type 3 M.51 FTapry)
EACH
a
5120.00
110,560.00
51600
4,100.000
11000
14,10.00
630
Cabx00n Traffic S0m(Padd Sits AI
EACH
104
14.0
14992.0
575.00
7,100.000
51100
13,012.00
630
Camnado Tml& Sip(he 514 B)
EACH
II
$6260
11,11600
11000
1.10000
51000
51,100.00
630
Potable Menge Sip Peel
DAY
603
515.00
551010.00
131.00
19}600
$35.00
52100000
40
Drum CMnroBdp Devi®
EACH
ss
533.00
81,91400
$30.00
1,740.00
1300
51;79103
630
Caaee Bana 4244.04484
LF
640
$310
121,400.0
$41.16
30512.40
529.00
517.92,40
MA
;Inch Sckduk 40 Ste® Pipe
LE
140
$123.0
313,50.00
1126.10
17154000
1140.00
319,6000
760
F/A Mime Corn/ Revisit®
F/A
1
S200.000.00
53000.00
520000.60
10000,00
3200000
1300.60000
700
F/A Mph® Pavement bemire
F/A
I
51000000
110.00.00
$100000
10,00.00
$10000.60
$16000
700
P/A FS Caw A6ataal
WA
I
530000
15,00.60
55,0000
5,00.00
15000.00
55.00.60
70
P/A Asphalt Cram Cal A4meal
P/A
I
510.0000
510,000.60
$10600.0
10,00.00
110,0
00.00 310,0.00
94
F/AG.Tha-lob-Tevv
HOUR
320
1100
564000
12.6
640.00
51.00
5640.00
100
HA Emden Control
F/A
I
12.90.00
520.0000
120,000.00
20,000.00
120.00.00
520,000.00
TOTAL 17,100,000.00 TOTAL 6,i3O,6B9+R TOTAL 16,540,400.08
En66aes
Bid SAS/1
WM6n Mount
0640669
% 00II6n1 non Ep6e1rEMImW
$ 6330,556942
10,00
66441 0104
$ 6.50,40406
106
.13%
4
3/It
UNIT nice TOTAL
tuna Drva
UNIT PRICE TOTAL
Zak DH Zak Din
UNIT PRICE TOTAL
Coeval Coati
UNIT PRICE TOTAL
Maebh Movable
UNIT PRICE TOTAL
Ude Sal
119,64600 -
119,61600
513,000.00
515,000.00
55130.00
55130.00
511000.00
$16,00000
$35000130
535,40000
11152.00
15.400.00
390100
13,600.00
11.330.00
54,910.00
110000
1310006
13300.00
516000.00
11830
3604500
$3000
31/.100/0
$27.10
$16$16.00
331.0
114,06000
$10.00
$3,700.00
517.00
1300000
$1100
52.600.00
$1700
59,40000
33700
11,40000
$1200
$2,40000
$130
$15,66130
311.00
511/05100
$315
539,013.15
5200
32003.00
$1.50
513.66150
53.35
$21,0933.10
S100
561011.00
01410
$119,011.20
$5.00
11103000
31.00
$11.930.00
$1.10
$13921.00
3113
$10100.00
11.70
$39.09600
52.0
321,960.00
12.66
$3131610
2231.00
13,443.00
$100.00
51,500.00
57400
21,110.00
11I.00
31,170.00
$76.70
$1,150.50
3055
35,421.40
$100
1906100
6037
33,621.76
$1.00
$9.264.00
50.59
$5.22201
312.50
5413117.50
511.00
5363.60100
5715
1259.10175
20.00
5363,605.00
15.60
$003,001.0
52100
$322,917.00
519.00
3393.16300
127.10
$423,94290
$24.00
1369,041.00
532.60
1501,29020
121.00
1226,149.00
$25.00
526922500
$29.20
$314.45410
524.00
$25145600
132.40
$351,06940
$14.00
1151.304.00
513.00
1146.06.00
51320
1141,31520
$16.00
$179,17600
$36.00
1401,496.00
$12900
111,200.00
170.00
521,00010
$163.00
54990043
$141.00
$44,400.00
595.00
52150000
$140.00
13,500 00
512500
$3.135.00
$124.00
54,6000
5100.00
11500.00
$150.00
$3,75000
$40000
$10,000.00
1310.00
55.250.00
$171.00
5427500
5175.00
$4,31500
5113.20
$7,010.00
51.00
52,344.00
$15 00
57,930.00
1!0.90
$6046.20
$4000
$12,72000
5190
52,00.20
$11500
$51535.00
5160.00
501,44000
3120.00
$100060
5169.00
556,031.00
5190.00
596,1)0.00
$7.00
341,776.00
5100
341.744.00
$7.10
$43,566.40
$15.00
319.52000
54.70
52104940
13.30
$2.131.40
H00
12,592.00
1195
$;55910
$4.00
5159100
5429
13,779.92
11.30
$50,117.70
$1.20
$46111.040
$1.10
$4293190
1100
139029.00
$1.04
$40,590.16
11,000.00
51,000.00
11,200,00
52400.00
$735.00
$1,57000
375600
$111200
31,500.00
$3,00000
$1.00
$1,000.00
5225
1225000
5610
56,20,00
53.40
32,40000
15.25
53110.00
2250.00
$750.00
1150.00
$750.00
522100
3614.00
5240.00
5710.00
3300.00
5900.00
122000
3112100
1190.00
$1,140.00
$11100
51,026.00
1100.00
$104600
$100.00
51,00000
575000
331,500.00
1475.00
517,15000
594100
539,52200
101230
10,123.00
12,400.00
$100100.00
133600
33,0000
1330.00
33100.00
5334.00
12.34000
5266.0
13.660.00
$354.00
13,540.00
333100
31.07400
5400.00
51100.00
1335.00
5705.00
5390.00
$1,170.00
$354.00
11,06200
5633.00
36.330.00
1730.00
17,500.0
$203.00
13,05000
3690.00
56900.00
11150.30
$11,504.00
5330
$19,211.20
075
31603525
52.50
31437750
13.00
517,493.00
1647
535,092.77
51900
$110,71900
520.50
1119.135.50
$22.60
5131,71040
520.00
3116,6210D
510.11
$17105.00
33?00
5762.30400
51100
5623,'7600
520.10
5696.505.20
572.00
116330400
$29.39
$1.011422.21
$12.00
$5503600
125.00
563.450.00
32310
$3011160
O200
515,136.00
333.00
55111600
531.00
$01023.60
545.0D
311141500
31410
$63,71160
$3600
$94,7000
$60.00
015790.00
1100
812200
1.00
51011500
05,75
51/24125
0.00
311,337.0)
521.10
544,3700
5130.00
$130,00000
$025.00
1175000.10
5104.00
51040000
$14200
$143.000.00
$133.22
213312.00
561.00
5110,552.00
$67.00
21,110311.00
$1330
31.533,494.00
5100
11.512,12.00
17910
1130,0110
$90.00
5325,60,00
$31.0
1111.02.00
596.50
$341,751.0
510.00
1379070.0
3960
5349035.20
595.00
3567330.00
10.00
5531,626,00
59930
1591,21220
$10.0
563911100
0540
555297140
$91.00
i161w.00
00.00
1153 70.00
$00.00
111601400
$107.00
310,16100
394.52
116293796
14.00
$62,26{.0
$400
562.261.00
16.60
$102,7422
$1.00
5124,536.00
1402
362279.31
$60.00
11.00.00
$150.00
$19,500.00
514100
11914000
5125.00
1166000
$141.0
$19,240.00
11017.00
512,10200
111000
$131.300.00
$1090.00
$137,3400
5639.00
130.5140
154100
561,040.00
$105.0
11100.00
$10000
54,00.00
$1,40
0056.00
1120.00
14,300.00
$67.91
17,711.0
311500
0.520.00
$121.00
56,000.00
175.00
13.60.0
5116.0
51.41100
01.0
$392.6
1139.00
$14036.00
$110.00
310,440.0
36900
$7,176.00
5111.00
026110
343.59
110336
1152.60
$37,920.0
593.00
31312100
314.60
520,210.00
$14300
$3412.00
594.6
122,61440
5937.00
$1.914.0
$1.4000
52.800 00
5444.00
$1221.00
$112.00
$1,744.00
050.00
$1,90.0
$1,2930
$2316.00
13100.00
53,60.00
$0100
$1,714.00
$1,007.00
$201400
51,16.5
3325.70
SI,I 13,00
$4,432.00
$1,400.00
$5.600.00
0111.00
5114430
5340.00
01,476.00
$1,025.00
34.100.00
51211.00
512,110.00
01,20000
112,000.00
5144.00
0440.00
579.00
35,790-00
$1,050.00
510,50000
550.00
519100.00
14500
$10,500.00
$76.10
11413200
$104.00
00,96000
0250
56,199.20
093.
50.925.00
10000
$1330000
170.30
$15.60500
196.00
121,60000
05.55
5194425
5760.00
51,523.00
5600.00
$1,250.00
5111.00
034.00
5310.00
$776.00
5250.00
$50000
390.00
563,160.00
$1,600.00
5102,40000
091.00
03105.00
$1374.00
911.536.00
5795.10
$30931.20
01,677.00
0241,411.00
$1,950.00
014000.00
51,19000
5171,36000
$1,643.00
3136,592.00
51,623.17
5240,117.20
0.15
340.506.15
$4.00
$42396.00
$4.00
$4229600
34.00
542,396.00
54.13
50,70.0
52.15
025.00
5300
$600.00
00
$0500
$300
1900.00
1295
0000
$330.00
560.00
1750.00
50300.00
$343.00
161600
5360.00
$70.00
5354.00
$70100
02.00
02,514.00
53500
52,130.00
060
5,x040
06.00
0.00.00
141.30
13.221.40
$4450
534630
$4000
060.00
142.90
$316.10
54200
01100
$4130
01110
$46.00
02,024.00
045.00
51,910.00
15130
52,266.00
050.00
5230000
349.56
12,154
$2000
$236000
123.00
52,599.00
0210
52.49750
022.00
52,45400
01.24
0,10052
524.00
14.72100
$2530
$5,516.00
$27.00
05,11900
526.00
05,123.00
05.96
55,114.12
515.50
06,029.50
$11.00
$7,002.00
$1730
06040.00
$17.00
36,61300
$1632
56.42611
$14.50
3153.30
$16.00
0944.00
$11.90
5930.10
01600
9944,00
31534
$905.06
020.00
$1,32000
$25000
01300.00
$14500
51.41000
$740.00
11,440.00
$23600
11,41600
51,265.00
0,793.00
52.500.00
57,500.00
51,410.00
14330.00
51310.00
$4,140.00
31.357.00
04.01.00
$56,500.00
51600000
$13,000.00
$13000.00
300,60000
011,600.00
$10,010.00
510,000.00
317,700.00
517.70000
01,650.00
0300.00
0,500.00
$5.000.00
51,30.00
0.46000
5931
11390.00
$3.00000
$6000.00
05.00
14160000
530.00
556320.00
53990
571365.60
06.00
150,544.00
00.40
559.097.60
$119,104.00
0119,104.00
$145,000.00
5143,00000
594,00000
594.000.00
$100,321.00
$10231100
3102,641.40
510,641.40
$20,637.00
353,65700
001.19500
$514,19500
011300.00
53113000
011,00000
051,000.00
£440.000.00
$44000000
511700
531,707.00
9130.00
05.230.00
5125.00
333,0500
$114.00
130.04.00
5123.90
133.576.90
56.00
59.160.00
170.00
110.15.00
01.10
5.279.5
379.00
$11,310.00
156.64
5113.10
$10.00
06,22600
022.00
01054.00
$17.10
04,914'0
$21.00
$30,597.00
51600
04.611.5
11.65.00
0,600.00
030.00
11,400.00
1150.00
51,000.00
3210.00
$1,010.00
01,01000
$4320.00
52600
5360100
05.00
531300.00
52620
557.31560
521.00
$61,261.00
021.14
05,5132
$1100
11,100.00
5500
5.50000
$79.5
07,970.00
1000
$1,400.00
14200
5360.00
176100
51050.00
$10000
$1000.00
$14000
5)01.00
1150.00
$30,10.00
$76700
55330.00
$51030
$5310.00
0125.00
$6000.00
$11400
31472.00
9120.00
5.160.00
11111
5,64400
0000
5,632.00
1000.00
510,40000
50.40
5,5100
$40.00
59340.0D
56115
19,204.0
3110.00
51,91030
$15.00
52350.00
111400
0,051.00
5120.00
$2.140.00
511100
12.11400
036.00
$21,400.00
$35.00
010,000.00
537.66
522,560.00
14000
04000,00
5500
54076000
03.60
11.91400
54000
3132000
53420
01.91360
53100
sLoitt.ca
0540
1205330
055.00
035,200.00
$20.00
11110000.00
542.70
51,37700
115.0D
010320.00
02.00
514030.00
525.00
$3,90000
$0.00
511100.00
$40.00
55.60000
562.01
5.00.00
5119.00
$14120.00
32 0,000.00
5200,000.00
5200,000.00
5200,000.00
5200,000.00
000000.00
$200.000.00
1200,000.00
0200,000.01
5100000.03
$100000.00
$100,000.00
9100.000.00
5100.000.00
1100,00000
5100,000.10
5100.000.00
5100,03000
1100.000.00
5100.000.00
$5,000.00
$5,000.00
$5,000.00
500000
5,000.00
5000.00
5,000.00
5000.00
35,00000
05,000.00
010000.00
510.000,00
000,000.00
110,000.03
01000000
110.000.00
50,000.00
110,00000
110000.00
110,000.00
0200
$640.00
52.00
5640.00
5200
0640.00
1200
1640.00
$1/40
5640.00
520.000.00
520000.00
520.000.00
00,00000
010.000.00
50000.00
00000.00
00.000.00
00.00600
130.006.00
TOTAL $6,760.091.66
Duran
$ 075,091.5
1.00
TOTAL 1 i7,0�.N0
306045
$ 7,039,6405
S0.00
43%
TOTAL {7,366,713.91 TOTAL
Co449
$ 7,245,77391
$0.00
.2%
$ 7.407.906 00
5.904.00
,5x
17,901,162.00 TOTAL $7,967,162.17
1101000177
3%
i 7,90,162.17
$0.00
Karl
11%
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