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HomeMy WebLinkAboutBID - 7336 SHIELDS STREET & LAPORTE AVE BRIDGE REPLACEMENT (2)Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SHIELDS STREET BRIDGE & LAPORTE AVENUE BRIDGE REPLACEMENT BID NO. 7336 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS FEBRUARY 22, 2012 – 3:00 P.M. (OUR CLOCK) CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release (Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC-A GC-A1 - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS Rev 10/20/07 Section 00020 Page 2 SECTION 00020 INVITATION TO BID Rev 10/20/07 Section 00020 Page 1 SECTION 00020 INVITATION TO BID Date: January 30, 2012 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on February 22, 2012, for the Shields Street Bridge & Laporte Avenue Bridge Replacement; BID NO. 7336. If delivered, they are to be delivered to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. O. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the construction of Shields Street Bridge & Laporte Avenue Bridge Replacement. The Work includes the following: 1. Shields Street Bridge: The works on this bridge includes removal of existing bridge, construction of new bridge, excavation, hot mix asphalt, and traffic control and pavement marking. The project also included installation of urban design element on the bridge, curb & gutter, riprap and removal of trees and new trees. 2. Laporte Bridge: The works on this bridge includes removal of portion of existing bridge (CBC), construction of new bridge, excavation, hot mix asphalt, concrete pavement, traffic control and pavement marking. The project also included installation of storm water inlet, and curb & gutter. This is a Federally funded project and the UDBE goal is 13%. Contractors must turn in CDOT Bidding forms 606 and 714 with the bid. Bids will not be accepted if these forms are not included. All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. A prebid conference and job walk with representatives of prospective Bidders will be held at 10:00 AM, on February 8, 2012, in the Training Room (Conference Room 2E) located at 215 N Mason Street, Fort Collins. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. The Contract Documents and Construction Drawings may be examined online at:  City of Fort Collins BuySpeed: https://www.fcgov.com/eprocurement Bids will be received as set forth in the Bidding Documents. The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. Rev 10/20/07 Section 00020 Page 2 The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision- making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited City of Fort Collins By ______________________________________ James B. O'Neill, II, CPPO, FNIGP Purchasing & Risk Management Director SECTION 00100 INSTRUCTIONS TO BIDDERS Rev 10/20/07 Section 00100 Page 1 SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub-bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) Rev 10/20/07 Section 00100 Page 2 the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. Rev 10/20/07 Section 00100 Page 3 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. If a specific product type or brand of material or equipment is indicated on the drawings or specified in the specifications, three types of such product will be listed and the bidder may use anyone of the three or an approved equal, if the equal is acceptable to the engineer. The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. Rev 10/20/07 Section 00100 Page 4 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate 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 corporate name. 11.4. 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. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be Rev 10/20/07 Section 00100 Page 5 shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non-responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but Rev 10/20/07 Section 00100 Page 6 OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. Rev 10/20/07 Section 00100 Page 7 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. 23.0 BID RESULTS. For information regarding results for individual Bids send a self-addressed, self-stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION SECTION 00300 BID FORM Rev 10/20/07 Section 00300 Page 1 SECTION 00300 BID FORM PROJECT: 7336 SHIELDS STREET BRIDGE & LAPORTE AVENUE BRIDGE REPLACEMENT Place Date 1. In compliance with your Invitation to Bid dated __, 20__ and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of ______________________________________________________ ($ ___) in accordance with the Invitation To Bid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment bonds are as follows: _________________________________________________________. 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. _______through . Rev 10/20/07 Section 00300 Page 2 8. BID SCHEDULE (Base Bid) ITEM NO. DESCRIPTION UNIT UNIT COST QUANTITY TOTAL 201-00000 CLEARING AND GRUBBING (ARTHURS DITCH) L S 1 201-00000 CLEARING AND GRUBBING (SHIELDS BRIDGE) LS 1 202-00010 REMOVAL OF TREE EACH 4 202-00019 REMOVAL OF INLET EACH 5 202-00200 REMOVAL OF SIDEWALK SY 267 202-00203 REMOVAL OF CURB AND GUTTER LF 768 202-00206 REMOVAL OF CONCRETE CURB RAMP SY 13 202-00210 REMOVAL OF CONCRETE PAVEMENT SY 1,045 202-00220 REMOVAL OF ASPHALT MAT SY 2,296 202-00250 REMOVAL OF PAVEMENT MARKING LS 1 202-00400 REMOVAL OF BRIDGE LS 1 202-00495 REMOVAL OF PORTIONS OF PRESENT STRUCTURE (CONCRETE BOX CULVERT) L S 1 203-00010 UNCLASSIFIED EXCAVATION (COMPLETE IN PLACE) CY 589 203-00100 MUCK EXCAVATION CY 323 203-01597 POTHOLING (ARTHURS DITCH) LS 1 203-01597 POTHOLING (SHIELDS BRIDGE) LS 1 206-00000 STRUCTURE EXCAVATION CY 2,004 206-00100 STRUCTURE BACKFILL (CLASS 1) CY 1,604 206-00200 STRUCTURE BACKFILL (CLASS 2) CY 58 206-00520 FILTER MATERIAL (CLASS B) CY 200 206-01750 SHORING (AREA 1) L S 1 206-01750 SHORING (AREA 2) L S 1 208-00002 EROSION LOG (12 INCH) LF 717 208-00034 GRAVEL BAG LF 62 208-00045 CONCRETE WASHOUT STRUCTURE EACH 3 208-00070 VEHICLE TRACKING PAD EACH 5 208-00205 EROSION CONTROL SUPERVISOR (ARTHURS DITCH) LS 1 208-00205 EROSION CONTROL SUPERVISOR (SHIELDS BRIDGE) LS 1 210-04010 ADJUST MANHOLE EACH 2 210-04050 ADJUST VALVE BOX EACH 2 210-00810 RESET GROUND SIGN EACH 2 212-00006 SEEDING (NATIVE) ACRE 1 212-00032 SOIL CONDITIONING ACRE 1 212-00100 TREE RETENTION AND PROTECTION (ARTHURS DITCH) LS 1 212-00100 TREE RETENTION AND PROTECTION (SHIELDS BRIDGE) LS 1 Rev 10/20/07 Section 00300 Page 3 213-00002 MULCHING (WEED FREE HAY) ACRE 1 214-00230 DECIDUOUS TREE (3 INCH CALIPER) EACH 9 304-05000 AGGREGATE BASE COURSE (CLASS 5) TON 783 403-32821 HOT MIX ASPHALT (GRADING SG) (100) (PG 58-28) (TEMPORARY PAVEMENT) TON 95 403-32821 HOT MIX ASPHALT (GRADING SG) (100) (PG 58-28) TON 369 403-33851 HOT MIX ASPHALT (GRADING S) (100) (PG 64-28) TON 185 412-00600 CONCRETE PAVEMENT (6-INCH) SY 23 412-00950 CONCRETE PAVEMENT (9-1/2 INCH) SY 1,098 420-00112 GEOTEXTILE (DRAINAGE) (CLASS 1) SY 264 420-00133 GEOTEXTILE (SEPARATOR) (CLASS 2) SY 150 502-00460 PILE TIP EACH 22 502-11274 STEELL PILING (HP 12X74) LF 803 506-00218 RIPRAP (18 INCH) CY 240 506-01020 GEOGRID REINFORCEMENT SY 550 514-00200 PEDESTRIAN RAILING (STEEL) (SPECIAL) LF 139 515-00400 CONCRETE SEALER SY 301 601-03030 CONCRETE CLASS D (BOX CULVERT) CY 444 601-03040 CONCRETE CLASS D (BRIDGE) CY 493 601-05540 CONCRETE CLASS HT (DECK TOPPING) CY 36 601-40300 STRUCTURAL CONCRETE COATING SY 307 602-00000 REINFORCING STEEL LB 65,546 602-00020 REINFORCING STEEL (EPOXY COATED) LB 80,736 602-00060 REINFORCING STEEL SPLICE EACH 138 604-19000 INLET SPECIAL EACH 4 604-50200 MANHOLE RING AND COVER EACH 2 606-30010 DECORATIVE COLUMN TYPE 1 EACH 6 606-30020 DECORATIVE COLUMN TYPE 2 EACH 4 608-00006 CONCRETE SIDEWALK (6 INCH) SY 221 608-00010 CONCRETE CURB RAMP SY 32 609-21020 CURB AND GUTTER TYPE 2 (SECTION II-B) LF 571 610-00020 MEDIAN COVER MATERIAL (PATTERNED CONCRETE) SF 1,482 613-00300 3 INCH ELECTRICAL CONDUIT LF 743 618-00000 PRESTRESSING STEEL BAR LB 2,397 618-06036 PRESTRESSED CONCRETE SLAB (DEPTH GREATER THAN 13 INCHES) SF 4,254 620-00020 SANITARY FACILITY EACH 2 626-00000 MOBILIZATION (ARTHURS DITCH) LS 1 Rev 10/20/07 Section 00300 Page 4 626-00000 MOBILIZATION (SHIELDS BRIDGE) LS 1 627-00011 PAVEMENT MARKING PAINT (WATERBORNE) GAL 8 630-00000 CONSTRUCTION ZONE TRAFFIC CONTROL (ARTHURS DITCH) LS 1 630-00000 CONSTRUCTION ZONE TRAFFIC CONTROL (SHIELDS BRIDGE) LS 1 630-00000 FLAGGING HOUR 3,200 630-00007 TRAFFIC CONTROL INSPECTION DAY 105 630-00012 TRAFFIC CONTROL MANAGEMENT DAY 290 630-80359 PORTABLE MESSAGE SIGN PANEL DAY 10 630-85006 IMPACT ATTENUATOR (SAND FILLED PLASTIC BARREL) (TEMPORARY) EACH 15 TOTAL BID COST DOLLARS 700-70010 F/A MINOR CONTRACT REVISIONS FA $375,000.00 1 $375,000 700-70011 F/A PARTNERING FA $6,000.00 1 $6,000 700-70016 F/A FUEL COST ADJUSTMENT FA $5,000.00 1 $5,000 700-70018 F/A ROADWAY SMOOTHNESS INCENTIVE FA $3,000.00 1 $3,000 700-70019 F/A ASPHALT CEMENT COST ADJUSTMENT FA $15,000.00 1 $15,000 700-70023 F/A ON-THE-JOB TRAINEE FA $1,920.00 1 $1,920 700-70380 F/A EROSION CONTROL FA $7,000.00 1 $7,000 IN WORDS: DOLLARS TOTAL BID COST IN WORDS: (FOR PERFORMANCE AND PAYMENT BONDS, AND UDBE & OJT GOALS) TOTAL BASE BID 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/e1instruct.html 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 "YES" below. No Fuel Cost Adjustment will be made due to fuel cost changes for bidders who answer "NO". If neither line is marked, the Department will assume the bidder rejects Fuel Cost Adjustments for this project. After bids are submitted, bidders will not be given any other opportunity to accept or reject this adjustment. (Mark only one line with an "X"): ____ YES, I choose to accept Fuel Cost Adjustments for this project ____ NO, I choose NOT to accept Fuel Cost Adjustments for this project (if neither line is Rev 10/20/07 Section 00300 Page 5 marked, the default is "NO", I choose NOT to accept Fuel Cost Adjustments for this project 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. RESPECTFULLY SUBMITTED: _______________________________________ CONTRACTOR BY:___________________________________ ________________________________ __________________ Signature Date ________________________________ Title ________________________________ License Number (If Applicable) (Seal - if Bid is by corporation) Attest:___________________________ Address _____________________________________ _____________________________________ Telephone _____________________________________ Email _____________________________________ Rev 10/20/07 Section 00410 Page 1 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors Rev 10/20/07 Section 00410 Page 2 SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned _ as Principal, and as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 7336 Shields Street Bridge & Laporte Avenue Bridge Replacement. NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. Rev 10/20/07 Section 00410 Page 3 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of , 20__, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL SURETY Name:_____________________________ __________________________________ Address:__________________________ __________________________________ __________________________________ __________________________________ By:_______________________________ By: ______________________________ Title: ___________________________ Title:____________________________ ATTEST: By:_______________________________ (SEAL) (SEAL) Rev 10/20/07 Section 00420 Page 1 SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder: _________________________________________________ 2. Permanent main office address: __________________________________ 3. When organized: _________________________________________________ 4. If a corporation, where incorporated: ___________________________ 5. How many years have you been engaged in the contracting business under your present firm or trade name?___________________________ 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ 7. General character of Work performed by your company: _________________________________________________________________ _________________________________________________________________ 8. Have you ever failed to complete any Work awarded to you?________ If so, where and why?____________________________________________ _________________________________________________________________ 9. Have your ever defaulted on a contract?__________________________ If so, where and why?____________________________________________ _________________________________________________________________ 10. Are you debarred by any government agency? ______________________ If yes list agency name._________________________________________ Rev 10/20/07 Section 00420 Page 2 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. 12. List your major equipment available for this contract. 13. Experience in construction Work similar in importance to this project: 14. Background and experience of the principal members of your organization, including officers: 15. Credit available: $______________________________________________________ 16. Bank Reference:_____________________________________________________ 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? ______________________________________________________________________ 18. Are you licensed as a General CONTRACTOR?________________________________ If yes, in what city, county and state? __________________________ What class, license and numbers?___________________________________ 19. Do you anticipate subcontracting Work under this Contract?_________________ If yes, what percent of total contract?__________________________________ and to whom?___________________________________________________________ Rev 10/20/07 Section 00420 Page 3 20. Are any lawsuits pending against you or your firm at this time?__________ IF yes, DETAIL 21. What are the limits of your public liability? DETAIL What Company?_________________________________________________________ 22. What are your company's bonding limitations?_____________________________ 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Dated at ________________ this ______ day of __________________, 20__. _____________________________________________ Name of Bidder By:__________________________________________ Title:_______________________________________ State of________________________ ) County of_______________________ ___________________________________being duly sworn deposes and says that he is ______________________of_____________________________ and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this _______ day of____________, 20__. ___________________________________ Notary Public ___________________________________ ___________________________________ My commission expires _____________________________. Section 00430 Page 1 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract. ITEM SUBCONTRACTOR ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ COLORADO DEPARTMENT OF TRANSPORTATION BIDDERS LIST DATA and UNDERUTILIZED DBE (UDBE) BID CONDITIONS ASSURANCE Project #: Location: Prime Contractor Instructions: This form has two sections, both must be completed and submitted with your bid. Complete Section I to list all subcontract quotes received (non-DBE and DBE). Complete Section II to report only Underutilized DBE (UDBE) participation percentages which qualify under the contract goal specification for this project. Please review CDOT Form #715 instructions before completing Section II. Attach additional sheets as necessary. POLICY It is the policy of the Colorado Department of Transportation that underutilized disadvantaged business enterprises have equal opportunity to participate on projects financed with federal, state or local entity funds. Consistent with 49 Code of Federal Regulations (CFR) Part 26.11, the Bidders List data provided by the Contractors will provide CDOT as accurate data as possible about the universe of DBE and non-DBE firms actively seeking work on its highway construction contracts, for use in setting overall DBE goals. SECTION I: CDOT BIDDERS LIST INFORMATION (Non-DBEs and DBEs) 1) Are all subcontract bids (quotes) received by your firm for this project listed below? ❑ Yes ❑ No 2) If No, make certain any additional subcontract bidding information is submitted to the CDOT Business Programs Office before 4:00 pm on the day after bids are opened to ensure CDOT has the best data possible for setting future DBE goals (use the same table format as below): CDOT Business Programs Office 4201 E. Arkansas Ave., Room 200 Denver, Colorado 80222 FAX: 303-757-9019 EMAIL: eo@dot.state.co.us 3) The most recent CDOT Bidders List will be posted online at: www.dot.state.co.us/EEO/DBEProgramPage.htm Name of firm submitting Bid/Quote Certified DBE firm? Work item(s) description Firm being used? Yes No Yes No Maybe 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Page 1 of 2 Previous editions are obsolete and may not be used CDOT Form #714 4/08 Name of firm submitting Bid/Quote Certified DBE firm? Work item(s) description Firm being used? Yes No Yes No Maybe 15. 16. 17. 18. 19. 20. SECTION II: UNDERUTILIZED DBE (UDBE) PARTICIPATION COMMITMENT 1) Total eligible Underutilized DBE (UDBE) percentage amount from Box A below: . % 2) Will your company’s Underutilized DBE (UDBE) participation commitment meet the contract goal? ❑ Yes ❑ No 3) List the UDBE firms, committed work items, and eligible UDBE percentage of your bid committed to each. UDBE Firm name Certification # Committed work item(s) % Commitment toward DBE Goal* 1. 2. 3. 4. 5. BOX A: TOTAL ELIGIBLE UDBE PERCENTAGE AMOUNT (Round to nearest hundredth) * Detailed instructions on how to calculate DBE commitment amounts are available on CDOT Form #715 and in the “Counting DBE Participation Toward Contract Goals and CDOT’s annual DBE goal” section of the “DBE – Definitions and Requirements” in the Standard Special Provisions. I understand that, if my company is determined to be the low bidder for the contract on this project, I must submit a completed CDOT Form #715 CERTIFICATION OF UNDERUTILIZED DBE PARTICIPATION for each firm listed in Section II of this form to the Transportation Department by 4:00 pm on the third work day after the day bids are opened. The actual amounts submitted on each CDOT Form #715 must equal or exceed the DBE percentage commitments documented on this form. In addition, if my company does not meet the DBE/UDBE goal for this project, I must submit a completed CDOT Form #718 DBE GOOD FAITH EFFORT DOCUMENTATION before 4:00 pm on the day after bids are opened. CDOT Form #715s submitted for firms not included on this form, OR for amounts exceeding those listed on this form, will be accepted but NOT counted as Good Faith Efforts. Only the efforts the contractor made prior to the bid opening will count as Good Faith Efforts. I understand my obligation to abide by the Policy stated above Section I. I shall not discriminate on the basis of race, color, age, sex, national origin, or handicap in the bidding process or the performance of contracts. I 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 OF MY KNOWLEDGE. . % . % . % . % . % . % Company Name: Date: Company Officer Signature: Title: / / Page 2 of 2 Previous editions are obsolete and may not be used CDOT Form #714 4/08 COLORADO DEPARTMENT OF TRANSPORTATION UNDERUTILIZED DBE (UDBE) GOOD FAITH EFFORT DOCUMENTATION UDBE CONTRACT GOAL %: # Of UDBEs Contacted # Of UDBEs "Eligible" % Of UDBEs Contacted Project No.: Location: Date: Project Code (SA#): No. Of Sheets Attached To Form: DBE DIRECTORY UPDATES Go to http://www.dot.state.co.us/app_ucp/ and use the "Directory Updates" button on the DBE Directory to submit any of the following documented updates on UDBE firms: • Contact information changes (e.g., phone and address etc.) • "CDOT GFE Eligibility" status changes (e.g., UDBE firm says they don't want to be contacted via GFE solicitations etc.) Note: In order to verify all updates submitted, CDOT may request additional information from contractors and/or UDBE firms before posting requested changes to the Directory. DBE Work Code From DBE Directory DBE Work Code Description TOTAL CONTRACT %: The DBE Directory can be found online at: http://www.dot.state.co.us/app_ucp/ • DBE work codes are 5 digit numbers where the 1st digit corresponds to the overall section the code belongs to • The 1st 3 digits of a DBE work code identify its category • DBE work codes ending in "00" represent certification for the entire work code category • DBE work codes NOT ending in "00" represent certification in a specific sub-category only II. Complete the following table to summarize all outreach efforts made to UDBE firms. For each subcontract item identified, contact by mail, fax, phone and/or email 100% of the Colorado certified UDBEs whose DBE work codes match the type of work being solicited and who are marked as "CDOT GFE Eligible" on the DBE Directory. The Contractor shall ensure that initial solicitations allow UDBEs at least 10 calendar days to participate effectively in the bidding process. In order to determine with certainty which UDBEs are interested, the Contractor is also required to take appropriate steps to follow-up initial solicitations (e.g., regional follow-up phone calls etc.). If soliciting by telephone, attach a summary telephone log of calls, including topic of discussion, date, time, name of person contacted, and the response received. If soliciting by mail, fax, and/or email, attach one example copy of the letter, fax, and/or email sent to UDBEs along with a summary log that documents all dates and responses received. Letters, faxes and/or emails must specifically identify the project, the items to be subcontracted, and the bid date. Letters, faxes and/or emails must also provide an address and phone number where specific quantities or details will be available to bidders. The Contractor who is the apparent low bidder on a CDOT construction project, and has failed to meet the Underutilized DBE (UDBE) contract goal, shall use this form to document all good faith efforts that were made prior to bid opening by said Contractor to meet the goal. FAILURE TO FULLY / CLEARLY COMPLETE THIS FORM MAY RESULT IN REJECTION OF THE BID. Each portion of this form is to be addressed in the space provided, or on supplemental sheets that follow the same tabular structure and format outlined below. Attach supporting documentation as required by CDOT. This completed form and required attachments are to be submitted to the Business Programs Office in the Center for Equal Opportunity prior to 4:00 p.m. on the day after the day bids are opened. This form may be submitted by FAX (303 -757-9019) with an original copy to follow. An extension may be granted by the DBE Liaison. Only the efforts the Contractor made prior Closest DBE Work Code Bid Item Description UDBE Firm? THE CONTRACTOR UNDERSTANDS THAT DEMONSTRATION OF GOOD FAITH EFFORTS IN ACHIEVING THE UDBE GOALS ESTABLISHED BY CDOT IS REQUIRED THROUGHOUT THE PERFORMANCE OF THE CONTRACT. Subcontractor Name (Place an * next to firm being used) III. Complete the following table to show all subcontract bids received (non-UDBE and UDBE), bid dollar amounts for each bid item, and the name of the successful bidder. Where bundled subcontract bids were received, break out quotes per bid item number. If the UDBE bids were rejected, give reasons for each case. If the work is to be counted as a potential UDBE subcontract item, the Contractor cannot elect to perform that work itself when a UDBE bid is competitive or only UDBE bids are received. Cost alone may not be adequate justification for failure to use a UDBE bid. When a non-UDBE bid is significantly lower than a UDBE bid, the Contractor may choose to perform the item itself. CDOT will determine whether a subcontractor's bid is "competitive" based on factors such as the percentage and dollar difference between quote(s), and/or the percentage the quote(s) represents of the overall contract. CDOT Bid Item # (Break Out Bundled Quotes) Actual Bid Item Quote Price % Difference On Items That UDBE Firms Bid IV. The efforts required herein are not exhaustive or exclusive. Other factors or types of efforts may be relevant in appropriate cases. In determining whether Good Faith Efforts have been made, the quantity and quality of the efforts made as well as kinds of efforts made may be considered. List any additional efforts to increase UDBE contract participation, such as assisting UDBEs in obtaining bonding/insurance/lines of credit, effectively using the services of community organizations/publications, and/or requesting subcontractors to assist with providing UDBE participation. Report the results of such efforts. Note: Advertising in a publication with low UDBE subscription rates will not be considered as quality efforts by CDOT. Company Name: Phone: Fax: Title: Printed Name: Signature: Original - Business Programs Office THIS FORM IS CONFIDENTIAL - Previous editions may not be used CDOT Form 718 - Page 2 of 2 1/06 Project No.: Project Code (SA#): COLORADO DEPARTMENT OF TRANSPORTATION CERTIFICATE OF PROPOSED UNDERUTILIZED DBE (UDBE) PARTICIPATION Location: Form #: of Prime Contractor – Send completed/signed form to the Business Programs Office (instructions on second page). The “Eligible UDBE Amounts” submitted on this form must equal or exceed the commitment(s) documented on the CDOT Form 714 you submitted with your bid. For the complete list of certified DBE/UDBE firms and their DBE work codes go to http://www.dot.state.co.us/app_ucp/ NOTE: See 49 CFR part 26.55, and the “DBE - Definitions and Requirements” in the Standard Special Provisions, for further information concerning counting DBE participation of truckers, subcontractors, suppliers and service providers toward the project’s UDBE goal. PART 1a – TRUCKING CONTRACT If the UDBE is being used as a trucker for one or more “trucking” DBE work codes (25500, 25505 etc.) then: ƒ ACTUAL UDBE AMOUNT = Actual contract amount for the transportation services provided by the UDBE firm and any UDBE lessees. ƒ ELIGIBLE UDBE TRUCKING AMOUNT = [ (ACTUAL UDBE AMOUNT) – (Any non-UDBE lessee amounts in this contract)* ] * For work done on this UDBE contract with non-UDBE lessees, credit toward the project UDBE goal is given only for the broker fees or commissions the UDBE trucker receives for arranging the transportations services, because the services themselves are being performed by non-UDBEs. NAME OF UDBE FIRM CERTIFICATION # EXPIRATION DATE ELIGIBLE UDBE TRUCKING AMOUNT / / $ DBE WORK CODE NUMBER(S) THIS UDBE IS BEING USED FOR : Complete list of work codes is at http://www.dot.state.co.us/app_ucp/ PART 1b – SUBCONTRACT ƒ ELIGIBLE UDBE SUBCONTRACT AMOUNT = [ (Actual UDBE contract amount) – (Any non-UDBE lower tier amounts in this contract)* ] * Work that a UDBE subcontracts to a lower tier non-UDBE firm does not count toward the project UDBE goal. NAME OF UDBE FIRM CERTIFICATION # EXPIRATION DATE ELIGIBLE UDBE SUBCONTRACT AMOUNT / / $ DBE WORK CODE NUMBER(S) THIS UDBE IS BEING USED FOR : Complete list of work codes is at http://www.dot.state.co.us/app_ucp/ PART 1c – SUPPLY CONTRACT If the supplier is a UDBE with a “Type” field of “Manufacturer” for the item(s): ƒ ELIGIBLE UDBE SUPPLY AMOUNT = [ (Actual UDBE contract amount) X 100% ] If the supplier is a UDBE with a “Type” field of “Regular Dealer” for the item(s): ƒ ELIGIBLE UDBE SUPPLY AMOUNT = [ (Actual UDBE contract amount) X 60% ] NOTE: If the supplier is a UDBE with a “Type” field of “Broker” for the item(s) use PART 1d – BROKER / SERVICE CONTRACT. NAME OF UDBE FIRM CERTIFICATION # EXPIRATION DATE ELIGIBLE UDBE SUPPLY AMOUNT / / $ DBE WORK CODE NUMBER(S) THIS UDBE IS BEING USED FOR : Complete list of work codes is at http://www.dot.state.co.us/app_ucp/ PART 1d – BROKER / SERVICE CONTRACT If purchasing materials or supplies through a UDBE with a “Type” field of “Broker”, count only the amount of brokerage commission and/or delivery service fees included in the contract. Other examples of services to include in this section are bonding, brokering, consulting, security guards, and insurance etc. ƒ ELIGIBLE UDBE SERVICE FEE AMOUNT = Actual compensation retained by the UDBE broker/agent for services rendered* * The amounts that count toward UDBE goals are limited to the compensation retained by the UDBE broker/agent for services rendered, provided the fee/commission is determined by CDOT to be reasonable and not excessive as compared with fees customarily charged for similar services. NAME OF UDBE FIRM CERTIFICATION # EXPIRATION DATE ELIGIBLE UDBE SERVICE FEE AMOUNT / / $ DBE WORK CODE NUMBER(S) THIS UDBE IS BEING USED FOR : Complete list of work codes is at http://www.dot.state.co.us/app_ucp/ Original – Business Programs Office Previous editions may not be used CDOT Form 715 – Page 1 of 2 1/06 PART 2 – UDBE PARTICIPATION SUMMARY A) What is the total dollar value of this proposed trucking, subcontract, supply, OR broker/service contract that is eligible for counting toward contract goals? A = [ TOTAL FROM “ELIGIBLE” COLUMNS IN PART 1 ] NOTE: Provide in actual subcontractor dollars and not prime contract prices. A> $ B) What is the total dollar value of proposed subcontracts that are eligible for counting towards contract goals from prior sheets/forms? B> $ C) What is the accumulative value of proposed subcontracts that are eligible for counting towards contract goals? C = [ A + B ] C> $ D) What is the original contract bid total? D> $ E) What is the accumulative percent of contract bid total subcontracted to all underutilized DBEs? E = [ (C ÷ D) X 100 ] E> % PART 3 – UDBE CONFIRMATION I confirm that my company is participating in this contract as documented in the Prime Contractor’s commitment(s) in PART 1 of this form. Only the value of the work that my company is actually performing is being counted on this form. UDBE Firm Name: Date: / / UDBE Representative Signature and Title: PART 4 – PRIME CONTRACTOR CERTIFICATION I certify that: • my company has met the contracted UDBE goals or has submitted a completed CDOT Form #718. • my company has accepted a proposal from the UDBE named above. • my company has notified the proposed UDBE of the contracted UDBE commitment. • my company has ensured that the proposed UDBE has signed PART 3 of this form. • my company's use of the proposed UDBE for the items of work listed above is a condition of the contract award. • my company will invite the proposed UDBE to attend the preconstruction conference. • my company will not use a substitute UDBE for the proposed UDBE's failure to perform under a fully executed subcontract, unless my company complies with the definitions and requirements section of the DBE Special Provisions. • I understand that failure to comply with the information shown on this form will be considered grounds for contract termination. 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 complete to the best of my knowledge. Prime Contractor Name: Date: / / Officer Signature and Title: FORM INSTRUCTIONS Prime Contractor: 1. An officer of the contractor(s) must complete this form. 2. Include only DBE firms which meet the underutilized criteria in the contract goal specification for this project (i.e., UDBE firms). 3. Complete only relevant section(s) for PART 1. 4. Ensure that the proposed UDBE has signed PART 3 of this form. 5. Complete ALL sections of PART 2 and PART 4. 6. Submit a separate CDOT Form #715 for EACH proposed UDBE. 7. Retain a photocopy for your records. 8. Send original to: Colorado Department of Transportation Business Programs Office 4201 E. Arkansas Ave. Denver, Colorado 80222 FAX: (303) 757-9019 Original – Business Programs Office Previous editions may not be used CDOT Form 715 – Page 2 of 2 1/06 Section 00510 Page 1 SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed Section 00430 Page 2 SECTION 00510 NOTICE OF AWARD Date: TO: PROJECT: 7336 SHIELDS STREET BRIDGE & LAPORTE AVENUE BRIDGE REPLACEMENT OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated , 20 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 7336 Shields Street Bridge & Laporte Avenue Bridge Replacement. The Price of your Agreement is . Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by , 20 . 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully-signed counterpart of the Agreement with the Contract Documents attached. City of Fort Collins OWNER By:________________________________________ James B. O’Neill, II, CPPO, FNIGP Director of Purchasing & Risk Management Section 00520 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the day of in the year of 20 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 7336 Shields Street Bridge & Laporte Avenue Bridge Replacement. ARTICLE 2. ENGINEER The Project has been designed by Atkins North America, Inc. The City Engineering Department, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents, which are administered by the City of Fort Collins Engineering Department. ARTICLE 3. CONTRACT TIMES 3.1 The Work on the Shields Street Bridge shall be Substantially Complete within two hundred seventy-five (275) calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within fourteen (14) calendar days after the date when the Contract Times commence to run. The Work on the Laporte Avenue Bridge shall be Substantially Complete within one hundred twenty (120) calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within fourteen (14) calendar days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the Section 00520 Page 2 amounts set forth hereafter. 1) Substantial Completion – Shields Street Bridge: Three Thousand Dollars ($3,000) for each calendar day or fraction thereof that expires after the Two Hundred Seventy-Five (275) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. Substantial Completion – Laporte Avenue Bridge: Three Thousand Dollars ($3,000) for each calendar day or fraction thereof that expires after the One Hundred Twenty (120) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance – Shields Street Bridge: After Substantial Completion, Three Thousand Dollars ($3,000) for each calendar day or fraction thereof that expires after the fourteen (14) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. Final Acceptance – Laporte Avenue Bridge: After Substantial Completion, Three Thousand Dollars ($3,000) for each calendar day or fraction thereof that expires after the fourteen (14) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: ($ ), $ Dollars, in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If , in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and Section 00520 Page 3 progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00520 Page 3 for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. Section 00520 Page 4 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of “Contract Documents” in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: SHEET NO. DESCRIPTION 1 PROJECT TITLE SHEET 2 - 3 PROJECT SUMMARY OF QUANTITIES 4 - 24 ARTHURS DITCH REPLACEMENT PLANS 25 - 62 REPLACEMENT OF SHIELDS STREET BRIDGE OVER LARIMER COUNTY CANAL NO. 2 PLANS The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers to , inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. Section 00520 Page 5 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. Section 00520 Page 6 OWNER: CITY OF FORT COLLINS CONTRACTOR: By: ____________________________ By:_______________________________ JAMES B. O’NEILL II, CPPO, FNIGP DIRECTOR OF PURCHASING __________________________________ AND RISK MANAGEMENT Title:____________________________ Date:___________________________ Date:_____________________________ (CORPORATE SEAL) Attest: ________________________ Attest:___________________________ City Clerk Address for giving notices: Address for giving notices: P. O. Box 580 __________________________________ Fort Collins, CO 80522 __________________________________ LICENSE NO.:______________________ Approved as to Form _______________________________ Assistant City Attorney Section 00530 Page 1 SECTION 00530 NOTICE TO PROCEED Description of Work: 7336 Shields Street Bridge & Laporte Avenue Bridge Replacement To: This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement. Dated this day of , 20__. The dates for Substantial Completion and Final Acceptance shall be _____ _____, 20_ and , 20__, respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20__. CONTRACTOR: By: Title: SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate Rev 10/20/07 Section 00610 Page 1 SECTION 00610 PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of ____________ in lawful money of the United States, 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 CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , 20 , a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 7336 Shields Street Bridge & Laporte Avenue Bridge Replacement. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement 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 life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost 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 full force and effect. Rev 10/20/07 Section 00610 Page 2 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 Agreement or to the Work to be performed thereunder or 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 Agreement or to the Work or to the Specifications. 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. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this __ day of _________, 20__. IN PRESENCE OF: Principal ______________________________ ________________________________________ ______________________________ ________________________________________ (Title) ________________________________________ (Address) (Corporate Seal) IN PRESENCE OF: Other Partners _____________________________ By:_____________________________________ _____________________________ By:_____________________________________ IN PRESENCE OF: Surety _____________________________ By:_____________________________________ _____________________________ By:_____________________________________ (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Rev 10/20/07 Section 00615 Page 1 SECTION 00615 PAYMENT BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of in lawful money of the United States, 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 CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , 20 , a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 7336 Shields Street Bridge & Laporte Avenue Bridge Replacement. NOW, THEREFORE, if the Principal shall 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 Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented 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. Rev 10/20/07 Section 00615 Page 2 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 Agreement or to the Work to be performed thereunder or 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 Agreement or to the Work or to the Specifications. 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. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this __ day of , 20__. IN PRESENCE OF: Principal ______________________________ By:___________________________________ ______________________________ ______________________________________ (Title) ______________________________________ (Address) (Corporate Seal) IN PRESENCE OF: Other Partners ______________________________ ______________________________________ ______________________________ ______________________________________ IN PRESENCE OF: Surety ______________________________ By:___________________________________ ______________________________ By:___________________________________ (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Rev 10/20/07 Section 00630 Page 1 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. Rev 10/20/07 Section 00635 Page 1 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 7336 Shields Street Bridge & _____________________________ Laporte Avenue Bridge Replacement PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins ____________________________ ____________________________ CONTRACTOR: ____________________________ CONTRACT DATE: The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. _________________________________ ________________________________________ ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. ________________________________ By: ________________________________________ CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: ____________________________________ ____ OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: Rev 10/20/07 Section 00640 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE , 20__ TO: Gentlemen: You are hereby notified that on the day of , 20__, the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, 7336 Shields Street Bridge & Laporte Avenue Bridge Replacement. A check is attached hereto in the amount of $_______________________________ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated _____________ __, 20__. In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date:____________ __, 20__. Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: Rev 10/20/07 Section 00650 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) PROJECT: 7336 Shields Street Bridge & Laporte Avenue Bridge Replacement 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Rev 10/20/07 Section 00650 Page 2 Signed this day of , 20__. CONTRACTOR By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20__, by Witness my hand and official seal. My Commission Expires: . Notary Public Rev 10/20/07 Section 00660 Page 1 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: 7336 Shields Street Bridge & Laporte Avenue Bridge Replacement CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , ____ . (Surety Company) By ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. Section 00670 Page 1 SECTION 00670 Section 00670 Page 1 DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303) 232-2416 DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) 89 - Period 0170-750 (999) $0.00 CONTRACTOR INFORMATION Trade name/DBA: Owner, partner, or corporate name: Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employer’s Identification Number: Bid amount for your contract: $ Fax Number: ( ) Business telephone number: ( ) Colorado withholding tax account number: EXEMPTION INFORMATION Copies of contract or agreement pages (1) identifying the contracting parties and (2) containing signatures of contracting parties must be attached. Name of exempt organization (as shown on contract): Exempt organization’s number: 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact’s telephone number: Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) Scheduled construction start date: Month Day Year Estimated completion date: Month Day Year I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer: Date: DO NOT WRITE BELOW THIS LINE CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) 6 Section 00670 Page 1 Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor’s Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor’s name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor’s place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. SECTION 00700 GENERAL CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Rev 10/20/07 SECTION 00800 CDOT SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the corresponding paragraphs as indicated of the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-4.2 Subsurface and Physical Conditions: A. Add the following language to paragraph 4.2.1 of the General Conditions. 4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions at the site of the Work: None Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. SC-5.3.2 Add the following: The State of Colorado shall be added as an additional insured. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The State of Colorado shall be added as an additional insured. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-6.4.1 Purchasing Restrictions Delete the complete paragraph SC-6.4.2 Cement Restrictions Delete the complete paragraph SC-6.5 Contractor Responsibilities—Amended in its entirety to read: All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties, if any, provided in the Specifications shall run specifically to the benefit of Owner. If required by Engineer prior to final payment as provided for herein, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of the materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. SC- 6.30.1. - Contractor General Warranty and Guarantee- Delete the complete paragraph 6.30.1.1 Specific Warranties. Contractor further warrants and guarantees that any Work covered by a specific warranty provision contained in the Specifications shall be performed in accordance with the applicable warranty and any such Work shall conform to the warranty requirements during the warranty period stated in the specific warranty. SC-13.12 Correction Period Delete the complete paragraph SC- 14.15.1- Waiver of Claims- Amended in its entirety to read: 14.15.1 a waiver of all claims by Owner against Contractor, except claims arising from unsettled Liens, from defective Work identified and reported to Contractor during final inspection pursuant to 14.11, from failure to comply with the Contract Documents, or the terms of any specific guarantees or warranties specified therein, or from Contractors’ continuing obligations under the Contract Documents; SC-17.6.1 Delete the complete paragraph SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 950 Contract Change Order 00960 Application for Payment Rev 10/20/07 Section 00950 Page 1 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Shields Street Bridge & Laporte Avenue Bridge Replacement CONTRACTOR: PROJECT NUMBER: 7336 DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. Change in Contract Time: __ ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) _ ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: DATE: __ Project Manager REVIEWED BY: DATE: Title: APPROVED BY: DATE: Title: APPROVED BY: DATE: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing 2 Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract NUMBER DATE AMOUNT The present status of the account for this Contract is as follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00 CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. Date: By: 3 CONTRACT AMOUNTS APPLICATION FOR PAYMENT PAGE 2 OF 4 Work Completed Work Completed Work Completed Stored Bid This Month Previous Periods To Date Materials Total Item This Earned Percent Number Description Quantity Units Unit Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 4 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Completed Work Completed Work Completed Stored Bid This Month Previous Periods To Date Materials Total Item This Earned Percent Number Description Quantity Units Unit Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 STORED MATERIALS PAGE 4 OF 4 5 SUMMARY On Hand Received Installed On Hand Item Invoice Previous This This This Number Number Description Application Period Period Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 PROJECT SPECIAL PROVISIONS Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) Replacement of Bridge No. FCSHLD-0.4-DRK South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 January 26, 2012 Prepared for: City of Fort Collins Engineering Department 281 North College Avenue Fort Collins, CO 80522-0580 (970) 221-6605 Prepared by: 4601 DTC Boulevard Suite 700 Denver, CO 80237 (303) 221-7275 Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 1 COLORADO DEPARTMENT OF TRANSPORTATION PROJECT SPECIAL PROVISIONS ARTHUR DITCH REPLACEMENT (LAPORTE AVENUE TO WHITCOMB STREET) SOUTH SHIELDS STREET OVER LARIMER CANAL NO. 2 REPLACEMENT OF BRIDGE NO. FCSHLD-0.4-DRK FORT COLLINS, COLORADO 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 Page Index Pages (January 26, 2012) 1-2 Notice to Bidders (January 26, 2012) 3 Commencement and Completion of Work – Arthur Ditch (January 26, 2012) 4 Commencement and Completion of Work – Shields Street (January 26, 2012) 5 Contract Goal (Combined) (January 26, 2012) 6 On the Job Training Contract Goal (January 26, 2012) 7 Summary of Work (January 26, 2012) 8-9 Revision of Section 105 – Claims for contract Adjustments (January 26, 2012) 10 Revision of Section 106 – Conformity to the Contract of Hot Mix Asphalt (January 26, 2012) 11 Revision of Section 107 – Insurance (January 26, 2012) 12 Revision of Section 107 – Performance of Safety Critical Work (January 26, 2012) 13-14 Revision of Section 108 – Specialty Items (January 26, 2012) 15 Revision of Section 201 – Clearing and Grubbing (January 26, 2012) 16 Revision of Section 202 – Removal of Bridge (January 26, 2012) 17-20 Revision of Sections 202 and 412 – Removal and Replacement of Concrete Pavement (January 26, 2012) 21-22 Revision of Section 203 – Excavation and Embankment (January 26, 2012) 23 Revision of Section 208 – Erosion Control (January 26, 2012) 24 Revision of Section 212 – Tree Retention and Protection (January 26, 2012) 25-30 Revision of Section 214 – Planting (January 26, 2012) 31-37 Revision of Section 304 – Aggregate Base Course (January 26, 2012) 38 Revision of Section 403 – Hot Mix Asphalt (January 26, 2012) 39-41 Revision of Section 403 – Warranted Hot Mix Asphalt (January 26, 2012) 42-49 Revision of Section 411 – Bituminous Materials (January 26, 2012) 50 Revision of Section 412 – Portland Cement Concrete Pavement (January 26, 2012) 51-52 Revision of Section 514 – Pedestrian Railing (Steel)(Special) (January 26, 2012) 53-55 Revision of Section 601 – Structural Concrete (January 26, 2012) 56-57 Revision of Section 606 – Decorative Column – Type 1 and 2 (January 26, 2012) 58-61 Revision of Section 608 – Detectable Warnings (January 26, 2012) 62-64 Revision of Section 608 – Sidewalks and Bikeways (January 26, 2012) 65 Revision of Section 618 – Prestressed Concrete Slab (January 26, 2012) 66 Revision of Section 630 – Construction Zone Traffic Control (January 26, 2012) 67 Revision of Section 630 – Impact Attenuator (Sand Filled Plastic Barrel) (Temporary) (January 26, 2012) 68-69 Revision of Section 630 – Portable Message Sign Panel (January 26, 2012) 70 Revision of Section 702 – Superpave PG Binders (January 26, 2012) 71 Force Account Items (January 26, 2012) 72 Special Construction Requirements (January 26, 2012) 73 Traffic Control Plan – General – Arthur Ditch (January 26, 2012) 74 Traffic Control Plan – General – Shields Street (January 26, 2012) 75-76 Utilities (January 26, 2012) 77-79 Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 2 COLORADO DEPARTMENT OF TRANSPORTATION STANDARD SPECIAL PROVISIONS ARTHUR DITCH REPLACEMENT (LAPORTE AVENUE TO WHITCOMB STREET) SOUTH SHIELDS STREET OVER LARIMER CANAL NO. 2 REPLACEMENT OF BRIDGE NO. FCSHLD-0.4-DRK FORT COLLINS, COLORADO STANDARD SPECIAL PROVISIONS Date No. of Pages Revision of Section 105 – Disputes and Claims for Contract Adjustments (Oct. 27, 2011) 22 Revision of Section 105 – Violation of Working Time Limitation (February 3, 2011) 1 Revision of Sections 105 and 106 – Conformity to the Contract of Hot Mix Asphalt (February 3, 2011) 7 (Less than 5000 Tons) Revision of Section 106 – Certificates of Compliance and Certified Test Reports (February 3, 2011) 1 Revision of Section 107 – Responsibility for Damage Claims, (February 3, 2011) 1 Insurance Types, and Coverage Limits Revision of Sections 107 and 208 – Water Quality Control, Under One (February 3, 2011) 3 Acre of Disturbance Revision of Section 108 - Critical Path Method (August 19, 2011) 1 Revision of Section 108 – Liquidated Damages (Dec. 29, 2011) 1 Revision of Section 109 – Asphalt Cement Cost Adjustment (Sept. 29, 2011) 2 (Asphalt Cement Included in the Work) Revision of Section 109 – Compensation for Compensable Delays (May 5, 2011) 1 Revision of Section 109 – Fuel Cost Adjustment (February 3, 2011) 2 Revision of Section 109 – Measurement of Quantities (February 3, 2011) 1 Revision of Section 109 – Measurement of Water (January 06, 2012) 1 Revision of Sections 206 and 601 – Backfilling Structures that Support (July 29, 2011) 1 Lateral Earth Pressures Revision of Section 401 – Compaction of Hot Mix Asphalt (February 3, 2011) 1 Revision of Section 401 – Compaction Pavement Test Section (CTS) (February 3, 2011) 1 Revision of Section 401 – Temperature Segregation (February 3, 2011) 1 Revision of Sections 412, 601, and 711 - Liquid Membrane-Forming (May 5, 2011) 1 Compounds for Curing Concrete Revision of Section 601 – Class H and HT Bridge Deck Concrete (Dec. 29, 2011) 5 Revision of Section 601 – Concrete Batching (February 3, 2011) 1 Revision of Section 601 – Concrete Finishing (February 3, 2011) 1 Revision of Section 601 – Concrete Form and Falsework Removal (July 28, 2011) 2 Revision of Section 601 – Concrete Slump Acceptance (July 29, 2011) 1 Revision of Section 630 – Construction Zone Traffic Control (February 3, 2011) 1 Revision of Section 630 – Retroreflective Sheeting (With Type VI Sheeting) (February 3, 2011 1 Revision of Section 630 – Retroreflective Sign Sheeting (February 3, 2011) 1 Revision of Section 712 – Geotextiles (February 3, 2011) 1 Revision of Section 712 – Water for Mixing or Curing Concrete (February 3, 2011) 1 Affirmative Action Requirements – Equal Employment Opportunity (February 3, 2011) 10 Disadvantaged Business Enterprise – Definitions and Requirements (February 3, 2011) 14 Minimum Wages Colorado, (January 6, 2011) 56 U.S. Department of Labor General Decision Numbers CO100018 thru CO100026, MOD 1, Highway Construction, Statewide On the Job Training (July 29, 2011) 3 Required Contract Provisions – Federal-Aid Construction Contracts (February 3, 2011) 10 Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 3 NOTICE TO BIDDERS It is recommended that bidders on this project review the work site and plan details with an authorized City representative. Prospective bidders shall contact one of the following listed authorized City representatives at least 12 hours in advance of the time they wish to review the project. Project Manager: Jin Wang, P.E. Phone: (970) 416-2292 Engineering Department Fax: (970) 221-6378 City of Fort Collins email: jwang@fcgov.com 281 North College Avenue Fort Collins, CO 80522-0580 Senior Buyer: John Stephen Phone: (970) 221-6777 Purchasing Department Fax: (970) 221-6707 City of Fort Collins email: jstephen@fcgov.com The above referenced individuals are the only representatives of the City with authority to provide any information, clarification or interpretation regarding the plans, specifications, and any other contract documents or requirements. Where reference is made in the plans and specifications to Owner, Department, Chief Engineer, Resident Engineer, Project Engineer, Engineer, and Inspection and Testing Agency it is understood to mean the City of Fort Collins, Colorado, representative. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 4 COMMENCEMENT AND COMPLETION OF WORK – ARTHUR DITCH The Contractor shall commence work under the Contract on or before the 5th day following Contract execution or the 20th day following the date of award, whichever comes later, unless such time for beginning the work is changed by the Chief Engineer in the "Notice to Proceed." The Contractor shall complete all work within 120 calendar days in accordance with the "Notice to Proceed." Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.03 shall include the following: Salient features to be shown on the Contractor's Bar Chart Progress Schedule are:  Mobilization  Construction Survey  Detour  Removals  Roadway Earthwork  Structure Construction  Concrete Pavement  Hot Mix Asphalt Pavement  Curb, Gutter and Sidewalk  Seeding and Landscaping Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 5 COMMENCEMENT AND COMPLETION OF WORK – SHIELDS STREET The Contractor shall commence work under the Contract on or before the 5th day following Contract execution or the 20th day following the date of award, whichever comes later, unless such time for beginning the work is changed by the Chief Engineer in the "Notice to Proceed." The Contractor shall complete all work within 275 calendar days in accordance with the "Notice to Proceed." Salient features to be shown on the Contractor’s Progress Schedule are:  Mobilization  Construction Surveying  Construction Traffic Control  Topsoil (Stockpile & Redistribute)  Removals and Adjustments  Roadway Earthwork  Erosion Control  Bridge Foundation, Substructure, and Superstructure  Drainage  Curb, Gutter and Sidewalk  Asphalt Pavement  Asphalt Milling and Overlay  Seeding & Landscaping  Signing and Striping  Utility coordination and relocations Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.03 shall include the following: The progress schedule shall consist of a Critical Path Method (CPM) schedule prepared using the Microsoft Project software and submitted in hard and electronic formats. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 6 CONTRACT GOAL (COMBINED) The Department has determined that Underutilized Disadvantaged Business Enterprises (UDBEs) will participate by contracting for a part of the work of this Contract. The contract goal for participation in this Contract by certified DBEs who have been determined to be underutilized has been established as follows: UDBE* 13 Percent The percentage will be calculated from proposals received for this project according to the following formula: **Dollar amount of work to be contracted to underutilized DBEs (UDBEs) Percentage = 100 X ————————————————————————————— Total dollar amount of the original Contract * All DBEs will be considered to be UDBEs. ** Based on DBE contract unit prices rather than prime contract unit prices. NOTE: Specific Good Faith Efforts required to meet the Contract Goal specified above are defined in the Standard Special Provisions. In addition, the Transportation Commission has determined an overall 12.69 percent annual goal for the participation of all DBEs. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 7 ON THE JOB TRAINING CONTRACT GOAL The Department has determined that On the Job Training shall be provided to trainees with the goal of developing full journey workers in the types of trade or classification involved. The contract goal for On the Job Trainees working in an approved training plan in this Contract has been established as follows: Minimum number of total On the Job Training required 640 hours Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 8 SUMMARY OF WORK PART 1 GENERAL 1.25 Modifications to Time of Completion in the Approved Schedule A. The date of beginning and the time for completion of the work are essential conditions of the Contract Documents and the work embraced shall be commenced on a date specified in the Notice to Proceed. The Contractor will proceed with the work at such rate of progress to ensure full completion within the contract time. It is expressly understood and agreed, by and between the Contractor and the Owner that the contract time for the completion of the work described herein is a reasonable time, taking into consideration the climatic and other factors prevailing in the locality of the work. Every effort shall be made by the Contractor to complete the project within the "Contract Time" shown in the proposal. The "Contract Time" anticipates "Normal" weather and climate conditions in and around the vicinity of the Project site during the times of year that the construction will be carried out. Extensions of time based upon weather conditions shall be granted only if the Contractor demonstrates clearly that such conditions were "unusually severe," would not have been reasonably anticipated, and that such conditions adversely affected the Contractor’s work and thus required additional time to complete the work. The following specifies the procedure for the determination of time extensions for unusually severe weather. The listing below defines the anticipated number of calendar days lost to adverse weather for each month and is based upon National Oceanic and Atmospheric Administration (NOAA) or similar data for the geographic location of the project. Monthly Anticipated Calendar Days Lost to Adverse Weather Conditions JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC (7) (4) (4) (4) (6) (3) (4) (2) (3) (3) (2) (5) The above schedule of anticipated adverse weather will constitute the base line for monthly (or portion thereof) weather time evaluations. Upon acknowledgment of the Notice to Proceed and continuing throughout the contract on a monthly basis, actual adverse weather days and the impact of adverse weather days that delay the work will be recorded on a day-to-day basis. It is assumed that the work will be carried out Mondays through Fridays (holidays excepted) unless an approved construction schedule or written authorization from the Owner indicates otherwise. The number of days of delayed work due to adverse weather or the impact thereof will then be compared to the monthly adverse weather schedule above. An actual adverse weather day must prevent work for 50 percent or more of the Contractor’s workday, delay work critical to the timely completion of the project, and be documented by the Contractor. The City Representative observing the construction shall determine on a daily basis whether or not work can proceed or if work is delayed due to adverse weather or the effects thereof. The Contractor shall notify the Engineer in writing of any disagreement as to whether or not work can proceed on a given date, within 2 calendar days of that date. The Owner will use the above written notification in determining the number of working days for which work was delayed during each month. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 9 -2- SUMMARY OF WORK At the end of each month, if the number of working days for which work was delayed due to adverse weather exceeds that shown in the above schedule, a Change Order will be executed which increases the Contract Time. The number of work days delayed due to adverse weather or the impact thereof will then be converted to Calendar Days based on the contract completion day and date. This conversion assumes a 5-day work week, Mondays through Fridays, holidays excepted; should the Contractor have authorization to work weekends and/or holidays, then the method of conversion of workdays to calendar days would take this into consideration. The contract time period will then be increased by the number of calendar days calculated above and a new contract completion day and date will be set. The Contractor’s schedule must reflect the above-anticipated adverse weather delays on all weather- dependent activities. While extensions of time shall be granted for "unusually severe" weather or climate conditions, the Owner shall make no monetary compensation for any costs to the Contractor arising out of such delays. The Contractor shall comply with the portions of the Contract Documents relating to his project schedule and amendments thereto which result from the "unusually severe" weather condition. Breakdowns in equipment or lack of performance by the Contractor will not be considered justification for an extension of time. Liquidated damages will be assessed as delineated elsewhere. The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following, and the Contractor has promptly given written notice of such delay to the Owner or Engineer. 1. To any preference, priority, or allocation order duly issued by the Owner. 2. To unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather as provided above; and 3. To any delays of Subcontractors occasioned by any of the causes specified in paragraphs 1 and 2, above. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 10 REVISION OF SECTION 105 CLAIMS FOR CONTRACT ADJUSTMENT Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.22 shall be revised as follows: The Colorado Department of Transportation will not participate in the resolution process for any claims filed by the Contractor. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 11 REVISION OF SECTION 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT Section 106 of the Standard Special Provisions is hereby revised for this project as follows: Subsection 106.05 shall include the following: For this project, Contractor process control testing of hot mix asphalt is voluntary. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 12 REVISION OF SECTION 107 INSURANCE Section 107.18 is hereby revised to read: For this project all insurance certificates shall name the Colorado Department of Transportation as an additionally insured party. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 13 REVISION OF SECTION 107 PERFORMANCE OF SAFETY CRITICAL WORK Section 107 of the Standard Specifications is hereby revised as follows: Add subsection 107.061 immediately following subsection 107.06 as follows: 107.061 Performance of Safety Critical Work. The following work elements are considered safety critical work for this project: (1) Removal of bridge (2) Temporary works: falsework, shoring that exceeds 5 feet in height, cofferdams, and temporary bridges (3) Work requiring the use of cranes or other heavy lifting equipment to set a girder, to make overhead repairs, or includes special provisions for Removal of Bridge or Removal of Portion of Bridge. Also when construction materials are being lifted that may fall onto active traffic lanes. (4) Excavation and embankment adjacent to the roadway, especially if it requires shoring. (5) Work operations such as pile driving and jack hammering which may create vibration and cause debris to fall into traffic. The Contractor shall submit, for record purposes only, an initial detailed construction plan that addresses safe construction of each of the safety critical elements. When the specifications already require an erection plan, a bridge removal plan, or a removal of portion of bridge plan, it shall be included as a part of this plan. The detailed construction plan shall be submitted two weeks prior to the safety critical element conference described below. The construction plan shall be stamped “Approved for Construction” and signed by the Contractor. The construction plan will not be approved by the Engineer. The Construction Plan shall include the following: (1) Safety Critical Element for which the plan is being prepared and submitted. (2) Contractor or subcontractor responsible for the plan preparation and the work. (3) Schedule, procedures, equipment, and sequence of operations, that comply with the working hour limitations (4) Temporary works required: falsework, bracing, shoring, etc. (5) Additional actions that will be taken to ensure that the work will be performed safely. (6) Names and qualifications of workers who will be in responsible charge of the work: A. Years of experience performing similar work B. Training taken in performing similar work C. Certifications earned in performing similar work (7) Names and qualifications of workers operating cranes or other lifting equipment A. Years of experience performing similar work B. Training taken in performing similar work C. Certifications earned in performing similar work (8) The construction plan shall address how the Contractor will handle contingencies such as: A. Unplanned events (storms, traffic accidents, etc.) B. Structural elements that don’t fit or line up C. Work that cannot be completed in time for the roadway to be reopened to traffic D. Replacement of workers who don’t perform the work safely Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 14 E. Equipment failure -2- REVISION OF SECTION 107 PERFORMANCE OF SAFETY CRITICAL WORK F. Other potential difficulties inherent in the type of work being performed (9) Name and qualifications of Contractor’s person designated to determine and notify the Engineer in writing when it is safe to open a route to traffic after it has been closed for safety critical work. (10) Erection plan or bridge removal plan when submitted as required elsewhere by the specifications. Plan requirements that overlap with above requirements may be submitted only once. A safety critical element conference shall be held two weeks prior to beginning construction on each safety critical element. The Engineer, the Contractor, the safety critical element subcontractors, and the Contractor’s Engineer shall attend the conference. Required pre-erection conferences or bridge removal conferences may be included as a part of this conference. After the safety critical element conference, and prior to beginning work on the safety critical element, the Contractor shall submit a final construction plan to the Engineer for record purposes only. The Contractor’s Engineer shall sign and seal temporary works, such as falsework, shoring etc., related to construction plans for the safety critical elements, (1) Removal of Bridge and (2) Temporary Works. The final construction plan shall be stamped “Approved for Construction” and signed by the Contractor. The Contractor shall perform safety critical work only when the Engineer is on the project site. The Contractor’s Engineer shall be on site to inspect and provide written approval of safety critical work for which he provided signed and sealed construction details. Unless otherwise directed or approved, the Contractor’s Engineer need not be on site during the actual performance of safety critical work, but shall be present to conduct inspection for written approval of the safety critical work. When ordered by the Engineer, the Contractor shall immediately stop safety critical work that is being performed in an unsafe manner or will result in an unsafe situation for the traveling public. Prior to stopping work, the Contractor shall make the situation safe for work stoppage. The Contractor shall submit an acceptable plan to correct the unsafe process before the Engineer will authorize resumption of the work. When ordered by the Engineer, the Contractor shall remove workers from the project that are performing the safety critical work in a manner that creates an unsafe situation for the public in accordance with subsection 108.05. Should an unplanned event occur or the safety critical operation deviate from the submitted plan, the Contractor shall immediately cease operations on the safety critical element, except for performing any work necessary to ensure worksite safety, and provide proper protection of the work and the traveling public. If the Contractor intends to modify the submitted plan, he shall submit a revised plan to the Engineer prior to resuming operations. All costs associated with the preparation and implementation of each safety critical element construction plan will not be measured and paid for separately, but shall be included in the work. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 15 Nothing in the section shall be construed to relieve the Contractor from ultimate liability for unsafe or negligent acts or to be a waiver of the Colorado Governmental Immunity Act on behalf of the Department. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 16 REVISION OF SECTION 108 SPECIALTY ITEMS Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.01 shall include the following: The following items are designated as "Specialty Items" for this project: Specialty Items (1) Inlet (Special) (2) Pedestrian Railing (Special) Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 17 REVISION OF SECTION 201 CLEARING AND GRUBBING Subsection 201.04 shall include the following: Payment will be made under: Pay Item Pay Unit Clearing and Grubbing (Arthurs Ditch) Lump Sump Clearing and Grubbing (Shields Bridge) Lump Sump Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 18 REVISION OF SECTION 202 REMOVAL OF BRIDGE Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.01 shall include the following: This work consists of removal of the existing bridge at FSCSHLD-0.4-DRK at Shields Street over Larimer Canal No. 2. Bridge removal shall consist of the complete removal of all superstructure and substructure elements unless otherwise shown on the plans. Subsection 202.02 shall include the following: The removal of the existing bridge shall be performed in a safe manner. When removal operations are located over a railroad or in proximity to any live water way , additional coordination with the railroad or other agency, (United States Army Corps of Engineers (USACE), US Fish and Wildlife Service, US Forest Service, etc.) shall be required. The Contractor shall submit a bridge removal plan to the Engineer, for record purposes only, at least 20 working days prior to the proposed start of removal operations. This Plan shall detail procedures, sequences, and all features required to perform the removal in a safe and controlled manner. The Bridge Removal Plan shall be stamped “Approved for Construction” and signed by the Contractor. The Bridge Removal Plan will not be approved by the Engineer. The Bridge Removal Plan shall provide complete details of the bridge removal process, including: (1) The removal sequence, including staging of removal operations. Sequence of operation shall include a detailed schedule that complies with the working hour limitations. (2) Equipment descriptions including size, number, type, capacity, and location of equipment during removal operations. (3) Shoring that exceeds 5 feet in height, all falsework and bracing. (4) Details, locations and types of protective coverings to be used. The protective covering shall prevent any materials, equipment or debris from falling onto the property below. When removal operations are located over or in proximity to any live waterway, railroad, or pedestrian/bicycle path, additional width of protective covering sufficient to protect these facilities shall be required. Detailed methods for protection of the existing roadway facilities, including measures to assure that people, property, utilities, and improvements will not be endangered. (5) Detailed methods for protection of live waterways including minimization of turbidity and sedimentation, and protection of existing wetlands. (6) Detailed methods for mitigation of fugitive dust resulting from the demolition. (7) Details for dismantling, removing, loading, and hauling steel elements. (8) Methods of Handling Traffic, including bicycles and pedestrians, in a safe and controlled manner. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 19 -2- REVISION OF SECTION 202 REMOVAL OF BRIDGE A Pre-Removal Conference shall be held at least seven days prior to the beginning of removal of the bridge. The Engineer, the Contractor, the removal subcontractor, the Contractor’s Engineer, and the Traffic Control Supervisor (TCS) shall attend the Pre-Removal Conference. The Bridge Removal Plan shall be finalized at this Conference. The Contractor’s Engineer shall sign and seal (1) and (3) listed above in the final Bridge Removal Plan. Calculations shall be adequate to demonstrate the stability of the structure remaining after the end of each stage of removal, before traffic is allowed to resume in its normal configuration. The final Bridge Removal Plan shall be stamped “Approved for Construction” and signed by the Contractor. The Contractor shall submit a final Bridge Removal Plan to the Engineer prior to bridge removal for record purposes only. The Contractor shall not begin the removal process without the Engineer’s written authorization. Submittal of the final Bridge Removal Plan to the Engineer, and field inspection performed by the Engineer, will in no way relieve the Contractor and the Contractor’s Engineer of full responsibility for the removal plan and procedures. Work within Railroad right-of-way shall be in accordance with Section 107. For bridge removal over railroads, including overhead wires, tunnels and underground facilities, approval of the bridge removal plans will be contingent upon the drawings being satisfactory to the railroad company involved. Unless otherwise directed, the Contractor’s Engineer need not be on site when bridge removal operations are in progress, but shall be present to conduct daily inspection for written approval of the work. The Contractor’s Engineer shall inspect and provide written approval of each phase of the removal prior to allowing vehicles or pedestrians on, below, or adjacent to the structure. The Contractor’s Engineer shall certify in writing that the falsework, bracing, and shoring conform to the details of the final Bridge Removal Plan. A copy of the certification shall be submitted to the Engineer. The Contractor’s Engineer shall inspect the bridge removal site and report in writing on a daily basis the progress of the operation and the status of the remaining structure. A copy of this daily report shall be available at the site of the work at all times, and a copy of the previous day’s inspection report shall submitted to the Engineer daily. The Contractor shall have all necessary workers, materials, and equipment at the site prior to closing any lanes to traffic to accommodate bridge removal operations. While the lanes are closed to public traffic, work shall be pursued promptly and without interruption until the roadway is reopened to traffic. Removal of hazardous material shall be in accordance with Section 250. The Contractor shall take all steps to avoid contaminating state waters, in accordance with subsection 107.25. Should an unplanned event occur or the bridge removal operation deviate from the submitted bridge removal plan, the bridge removal operations shall immediately cease after performing any work necessary Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 20 -3- REVISION OF SECTION 202 REMOVAL OF BRIDGE to ensure worksite safety. The Contractor shall submit to the Engineer, the procedure or operation proposed by the Contractor’s Engineer to correct or remedy the occurrence of this unplanned event or to revise the final Bridge Removal Plan. The Contractor shall submit his Engineer’s report in writing, within 24 hours of the event, summarizing the details of the event and the procedure for correction. Before removal of the protective covering, the Contractor shall clean the protective covering of all debris and fine material. Bridge removal may be suspended by the Engineer for the following reasons: (1) Final Bridge Removal Plan has not been submitted, or written authorization has not been provided by the Engineer to begin the removal. (2) The Contractor is not proceeding in accordance with the final Bridge Removal Plan, procedures, or sequence. (3) The Contractor’s Engineer is not on site to conduct inspection for the written approval of the work. (4) Safety precautions are deemed to be inadequate. (5) Existing neighboring facilities are damaged as a result of bridge removal. Suspension of bridge removal operations shall in no way relieve the Contractor of his responsibility under the terms of the Contract. Bridge removal operations shall not resume until modifications have been made to correct the conditions that resulted in the suspension, as approved in writing by the Engineer. The Contractor shall notify all emergency response agencies of the proposed removal work and any detours 24 hours in advance of work. This shall include the Colorado State Patrol, local Police Department, local Fire Department, all local ambulance services, and the Sheriff’s Department, as appropriate. All required traffic control devices, night time flagging stations, barricades and VMS signs shall be in place, with detours in operation, prior to the beginning of removal operations each day. Night work shall conform to the requirements of the MUTCD, Parts 1, 5, and 6. Prior to reopening the roadway to public traffic, all debris, protective pads, materials, and devices shall be removed and the roadways swept clean. Explosives shall not be used for removal work without the written approval of the Engineer. Removal shall include the superstructure, the substructure, which includes the piers, the abutments and wingwalls, the bridge rail, and any approach slabs and sleeper slabs. Removal of the substructure shall be taken down to at least 1 foot below the natural existing or future ground surface at the lowest point of interface with the abutment, unless otherwise approved by the Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 21 -4- REVISION OF SECTION 202 REMOVAL OF BRIDGE Engineer. Holes resulting from substructure removal shall be backfilled with Structure Backfill (Class 2) to the adjacent existing grades. All other materials removed from the existing structure shall become the property of the Contractor and shall be properly disposed of offsite at the Contractor’s expense, unless otherwise stated in the plans. Existing structures, facilities, and surrounding roadways shall not be damaged by the removal operations. Damage that does occur shall be repaired immediately at the Contractor’s expense. Subsection 202.12 shall include the following: Payment will be made under: Pay Item Unit Removal of Bridge Lump Sum Payment for Removal of Bridge will be full compensation for all labor and materials required to complete the work, including, preparation and implementation of the Bridge Removal Plan, inspection, equipment, debris handling and disposal, salvaging, handling and storage of salvable materials, handling and disposal of all hazardous materials and disposal of non-salvable materials. Lighting required for nighttime operations will not be measured and paid for separately, but shall be included in the work. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 22 REVISION OF SECTIONS 202 AND 412 REMOVAL AND REPLACEMENT OF CONCRETE PAVEMENT Sections 202 and 412 of the Standard Specifications are hereby revised for this project as follows: In Subsection 202.02 delete the sixth paragraph and replace with the following: The areas of concrete pavement to be removed shall be isolated in both the longitudinal and transverse directions by the double saw cut method of sawing in accordance with FHWA’s publication entitled “Guide for Full-Depth Repairs”. Sawing shall be accomplished with the use of a diamond blade saw or approved equivalent. Sawing of the concrete pavement shall be done to a true line, with a vertical face, unless otherwise specified. Sawing shall be full depth and shall go through the existing tie-bars and dowel bars, leaving free vertical edges at the limits of the removal. After sawing has been completed, the deteriorated concrete shall be lifted vertically from its position unless otherwise approved by the Engineer. Pavement breakers or jackhammers shall be used in the removal process where lifting is not possible. All loose materials shall be removed from the repair area. Removed concrete slabs and excavated soils shall become the property of the Contractor and shall be disposed of in accordance with subsection 202.07. After concrete pavement is removed, the underlying material will be evaluated by the Engineer. Unsuitable material shall be removed in accordance with subsection 206.03 and replaced with aggregate base course of the class and depth specified in the Contract. Within 24 hours before new concrete is placed, the entire surface upon which new concrete bonds shall be sandblasted to roughen the surface and remove all fractured or loose particles in order to promote good bond with new concrete. The subsequent aggregate base course shall be placed with moisture and density control in accordance Section 304. Subsection 202.11 shall include the following: Removal of concrete pavement will be measured by the square yard, completed to the required depth, and accepted. Subsection 202.12 shall include the following: Payment will be made under: Pay Item Pay Unit Removal of Concrete Pavement Square Yard Removal of Portions of Present Structure Lump Sum Payment for Removal of Concrete Pavement will be full compensation for all work and materials required to complete the item, including sawing, removing, and disposal of the concrete pavement. Removal of man hole shall be included in Removal of Portions of Present Structure. Contractor shall be responsible for the stability of the portions of box culvert to remain. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 23 -2- REVISION OF SECTIONS 202 AND 412 REMOVAL AND REPLACEMENT OF CONCRETE PAVEMENT Structure excavation for removal of unsuitable material will be measured and paid for in accordance with subsection 206.07. Aggregate base course will be measured and paid for in accordance with Section 304. Subsection 412.13 shall include the following: Dowel bars and tie bars for replaced concrete pavement shall be placed in accordance with Standard Plan M-412-1 unless otherwise directed by the Engineer. To anchor dowel bars and tie bars, holes shall be drilled into the sawed face of the existing slab, perpendicular to the joints. All alignments shall be measured and verified prior to the placement of concrete. Dowel baskets shall be used for joints in repair areas that exceed more than one panel replacement. Compressed air shall be used to remove dirt and debris from all drilled holes. After cleaning and prior to bar insertion, epoxy grout shall be discharged to the back of the hole to force the grout forward. Sufficient epoxy grout shall be injected into the back of the hole in order to cover the bar over the entire length of embedment. Each bar shall be twisted a minimum of one full turn during insertion. Subsection 412.17 shall include the following: The smoothness of the replaced concrete shall be tested in accordance with subsection 105.07(a). In subsection 412.23, first paragraph, delete the first sentence and replace it with the following: The quantities of Concrete Pavement to be paid for under these items will be the number of square yards completed and accepted. Subsection 412.24 shall include the following: Payment will be made under: Pay Item Pay Unit Concrete Pavement (9 ½ Inch) Square Yard Payment for Concrete Pavement (9 ½ Inch) will be full compensation for all work and material required to place and finish the replacement concrete pavement, including dowel bars, in accordance with the Contract. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 24 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT METHOD OF MEASUREMENT Subsection 203.13 (e) shall include the following: Payment for potholing shall be lump sum including all items necessary to complete the work. BASIS OF PAYMENT Subsection 203.14 shall include the following: Payment will be made under: Pay Item Pay Unit Potholing (Arthurs Ditch) Lump Sump Potholing (Shields Bridge) Lump Sump Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 25 REVISION OF SECTION 208 EROSION CONTROL METHOD OF MEASUREMENT Subsection 208.11 delete paragraph 7 and replace with the following: Payment for Erosion Control Supervisor shall be lump sum including all items necessary to complete the work. BASIS OF PAYMENT Subsection 208.12 shall include the following: Payment will be made under: Pay Item Pay Unit Erosion Control Supervisor (Arthurs Ditch) Lump Sump Erosion Control Supervisor (Shields Bridge) Lump Sump Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 26 REVISION OF SECTION 212 TREE RETENTION AND PROTECTION Section 212 of the Standard Specifications is hereby revised for this project as follows: Subsection 212.01 shall include the following: Tree Retention and protection includes general protection and pruning of existing trees and plants that are affected by execution of the Work, whether temporary or permanent construction. The following definitions apply: (a) Caliper: Diameter of a trunk measured by a diameter tape or the average of the smallest and largest diameters at 6 inches above the ground for trees up to, and including, 4-inch size; and 12 inches above the ground for trees larger than 4-inch size. (b) Plant-Protection Zone: Area surrounding individual trees, groups of trees, shrubs, or other vegetation to be protected during construction, and indicated on Drawings. (c) Tree-Protection Zone: Area surrounding individual trees or groups of trees to be protected during construction, and defined by a circle concentric with each tree with a radius 1.5 times the diameter of the drip line unless otherwise indicated. (d) Vegetation: Trees, shrubs, groundcovers, grass, and other plants. Subsection 212.02 shall include the following: (d) Protection-Zone Fencing: Fencing fixed in position and meeting the following requirements. Previously used materials may be used when approved by Engineer. Protection-Zone fencing will be considered incidental to the “Tree Retention and Protection” line item and will not be paid for separately. 1. Plastic Protection-Zone Fencing: Plastic construction fencing constructed of high-density extruded and stretched polyethylene fabric with 2-inch maximum opening in pattern and weighing a minimum of 0.4 lb/ft.; remaining flexible from minus 60 to plus 200 deg F; inert to most chemicals and acids; minimum tensile yield strength of 2000 psi and ultimate tensile strength of 2680 psi; secured with plastic bands or galvanized-steel or stainless-steel wire ties; and supported by tubular or T-shape galvanized-steel posts spaced not more than 8 feet apart. A. Height: 5 feet B. Color: High-visibility orange, nonfading. Add Subsection 212.061 immediately following Subsection 212.06 212.061 Tree Retention and Protection. (a) Submittals. 1. Samples for Verification: For each type of the following: A. Protection-Zone Fencing: Assembled Samples of manufacturer's standard size made from full-size components. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 27 -2- REVISION OF SECTION 212 TREE RETENTION AND PROTECTION 2. Existing Conditions: Documentation of existing trees and plantings indicated to remain, which establishes preconstruction conditions that might be misconstrued as damage caused by construction activities. A. Use sufficiently detailed photographs or videotape. B. Include plans and notations to indicate specific wounds and damage conditions of each tree or other plants designated to remain. (b) Quality Assurance. 1. Preinstallation Conference: Conduct conference at Project site. A. Review methods and procedures related to temporary tree and plant protection including, but not limited to, the following: (1) Construction schedule. Verify availability of materials, personnel, and equipment needed to make progress and avoid delays. (2) Enforcing requirements for protection zones. (3) Field quality control. (c) Project Conditions. 1. The following practices are prohibited within protection zones: A. Storage of construction materials, debris, or excavated material. B. Parking vehicles or equipment. C. Foot traffic. D. Erection of sheds or structures. E. Impoundment of water. F. Excavation or other digging unless otherwise indicated. G. Attachment of signs to or wrapping materials around trees or plants unless otherwise indicated. 2. Do not direct vehicle or equipment exhaust toward protection zones. 3. Prohibit heat sources, flames, ignition sources, and smoking within or near protection zones and organic mulch. (d) Preparation. Locate and clearly identify trees, shrubs, and other vegetation to remain or to be relocated. Tie a 1- inch blue-vinyl tape around each tree trunk at 54 inches above the ground. Protect tree root systems from damage caused by runoff or spillage of noxious materials while mixing, placing, or storing construction materials. Protect root systems from ponding, eroding, or excessive wetting caused by dewatering operations. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 28 -3- REVISION OF SECTION 212 TREE RETENTION AND PROTECTION Within the drip line of any protected existing tree, there shall be no cut or fill over a four-inch depth unless a qualified arborist or forester has evaluated and approved the disturbance. Prior and during construction, barriers shall be erected around all protected existing trees with such barriers to be of orange fencing a minimum of (5) feet in height, secured with metal T-Posts, no closer than six (6) feet from the trunk or at the drip line, whichever is greater. There shall be no storage or movement of equipment, material, debris or fill within the fenced tree protection zone. Modification of protective fence locations to accommodate construction shall be approved by the City Forester prior to moving or erecting a protective fence. Where the drip line of trees touch or overlap, place fence around groups of trees. During construction there shall be no cleaning of equipment or materials or the storage and disposal of waste material such as paints, oils, solvents, asphalt, concrete, motor oil or any other material harmful to the life of a tree within the drip line of any protected tree or group of trees. No damaging attachments, wires, signs or permits may be fastened to any protected tree. The installation of utilities, irrigation lines or any underground fixture requiring excavation deeper than six (6) inches shall be accomplished by boring under the root system of protected existing trees at a minimum depth of twenty-four (24) inches. The auger distance is established from the face of the tree (outer bark) and is scaled from the tree diameter at breast height as described in the tree protection chart of the Fort Collins Land use Code Section 3.2.1. Construction shall be performed in a manner to not damage any existing tree. Clearance pruning of any tree on site shall only be by a Fort Collins Licensed Arborist under the direction of the City Forester. Equipment access/drives shall be positioned to minimize travel over the root system of any existing tree. Equipment drive locations over the root system of any significant tree shall be approved by the City Forester with requirements to protect the compaction of exposed soil. Prior to construction the contractor shall meet the City Forester on site to verify protected existing trees and the application of tree protection specifications. The Contractor shall wrap protected trees with concrete blankets or equivalent treatment whenever directed by the owner’s representative. (e) Tree and Plant Protection Zones. Protection-Zone Fencing: Install protection-zone fencing along edges of protection zones before materials or equipment are brought on the site and construction operations begin in a manner that will prevent people from easily entering protected. Construct fencing so as not to obstruct safe passage or visibility at vehicle intersections where fencing is located adjacent to pedestrian walkways or in close proximity to street intersections, drives, or other vehicular circulation. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 29 -4- REVISION OF SECTION 212 TREE RETENTION AND PROTECTION Maintain protection zones free of weeds and trash. Repair or replace trees, shrubs, and other vegetation indicated to remain or be relocated that are damaged by construction operations, in a manner approved by Architect. Maintain protection-zone fencing and signage in good condition as acceptable to Architect and remove when construction operations are complete and equipment has been removed from the site. 1. Do not remove protection-zone fencing, even temporarily, to allow deliveries or equipment access through the protection zone. (f) Excavation. General: Excavate at edge of protection zones and for trenches indicated within protection zones according to requirements in Section 200 Earth Work. Trenching near Trees: Where utility trenches are required within protection zones, hand excavate under or around tree roots or tunnel under the roots by drilling, auger boring, or pipe jacking. Do not cut main lateral tree roots or taproots; cut only smaller roots that interfere with installation of utilities. Cut roots as required for root pruning. Redirect roots in backfill areas where possible. If encountering large, main lateral roots, expose roots beyond excavation limits as required to bend and redirect them without breaking. If encountered immediately adjacent to location of new construction and redirection is not practical, cut roots approximately 3 inches back from new construction and as required for root pruning. Do not allow exposed roots to dry out before placing permanent backfill. Provide temporary earth cover or pack with peat moss and wrap with burlap. Water and maintain in a moist condition. Temporarily support and protect roots from damage until they are permanently relocated and covered with soil. (g) Root Prunning. Prune roots that are affected by temporary and permanent construction. Pruning roots 2” in diameter or greater must be reviewed by City Forester prior to pruning. Prune roots as shown on Drawings and as follows: 1. Cut roots manually by digging a trench and cutting exposed roots with sharp pruning instruments; do not break, tear, chop, or slant the cuts. Do not use a backhoe or other equipment that rips, tears, or pulls roots. 2. Temporarily support and protect roots from damage until they are permanently redirected and covered with soil. 3. Cover exposed roots with burlap and water regularly. 4. Backfill as soon as possible according to requirements in Section 200 Earth Work. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 30 -5- REVISION OF SECTION 212 TREE RETENTION AND PROTECTION Root Pruning at Edge of Protection Zone: Prune roots 12 inches outside of the protection zone, by cleanly cutting all roots impacted to the depth of the required excavation. (h) Crown Pruning. Prune all existing trees retained on City property by cleaning and thinning the canopy. Prune branches that are affected by temporary and permanent construction. Prune branches as shown on the Drawings and as follows: 1. Pruning Standards: Prune trees according to the City of Fort Collins Tree Management Standards (i) Regrading. Lowering Grade: Where new finish grade is indicated below existing grade around trees, slope grade beyond the protection zone. Maintain existing grades within the protection zone. Raising Grade: Where new finish grade is indicated above existing grade around trees, slope grade beyond the protection zone. Maintain existing grades within the protection zone. (j) Repair and Replacement. General: Repair or replace trees, shrubs, and other vegetation indicated to remain or be relocated that are damaged by construction operations, in a manner approved by Architect/Owner’s Rep. 1. Submit details of proposed root cutting and tree and shrub repairs. 2. Treat damaged trunks, limbs, and roots according to an ISA certified arborist's written instructions. 3. Perform repairs within 24 hours. 4. Replace vegetation that cannot be repaired and restored to full-growth status, as determined by Landscape Architect/Owner’s Rep. Protected trees that are damaged during construction will be appraised by a qualified arborist, and the amount of damage appraised will be billed to the Contractor. Trees: Remove and replace trees indicated to remain that are more than 25 percent dead or in an unhealthy condition before the end of the corrections period or are damaged during construction operations that Landscape Architect/Owner’s Rep determines are incapable of restoring to normal growth pattern. 1. Provide new trees of same size and species as those being replaced for each tree that measures 6 inches or smaller in caliper size. (k) Disposal of Surplus and Waste Materials. Disposal: Remove excess excavated material, displaced trees, trash and debris, and legally dispose of them off Owner's property. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 31 -6- REVISION OF SECTION 212 TREE RETENTION AND PROTECTION Subsection 212.07 shall include the following: Tree retention and protection will not be measured, but will be paid for on a lump sum basis. The lump sum price bid will be full compensation for all work required to complete the item, including installation and maintenance of protection-zone fencing. Subsection 212.08 shall include the following: Payment will be made under: Pay Item Pay Unit Tree Retention and Protection (Arthurs Ditch) Lump Sum Tree Retention and Protection (Shields Bridge) Lump Sum Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 32 SECTION 214 PLANTING Delete Standard Specification 214 and replace with the following: DESCRIPTION 214.01 Work Included. This work consists of furnishing and planting trees to mitigate tree removals. Trees will be planted with in ½ mile of the Shields project site at Roland Moore Park and as directed by the City Forester. MATERIALS 214.02 General. Plants shall be of the species or variety designated in the Contract, in healthy condition with normal well developed branch and root systems, and shall conform to the requirements of the current American Standard for Nursery Stock. The Contractor shall obtain certificates of inspection of plant materials that are required by Federal, State, or local laws, and submit the certificates to the Engineer. All plants shall be free from plant diseases and insect pests. All shipments of plants shall comply with all nursery inspection and plant quarantine regulations of the State of origin and destination, and the Federal regulations governing Interstate movement of nursery stock. The minimum acceptable sizes of all plants, with branches in normal position, shall conform to the measurements specified in the Contract. Plants hardy in hardiness zones 2, 3, 4, and 5 only will be accepted. Hardiness zones are defined in U.S. Department of Agriculture publications. All container grown plants shall be those plants that have been growing in a nursery for at least one growing season, or plants that have established themselves in accordance with definitions set forth in the Colorado Nursery Act, Title 35, Article 26, CRS. Trees and shrubs shall have been root-pruned during their growing period in the nursery in accordance with standard nursery practice. Possible types of trees to be planted: -Shade Trees (3” Caliper) -Ornamental Trees (2.5” Caliper) -Evergreen Trees (8’ in Height) The type of trees to be accepted by the City Forester. If plants of acceptable quality and specified variety or size are not available locally, the Contractor may: Substitute acceptable plants that are larger than specified at no change in contract price. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 33 -2- SECTION 214 PLANTING On written approval, substitute smaller plants than those specified in the Contract at the adjusted price stated in the written approval. On written approval, substitute plants of a different genus, species, or variety at the adjusted price stated in the written approval. Before any substitution of plants will be considered, the Contractor shall furnish to the Engineer written statements from three sources verifying that the plants designated on the plans are not available. At the landscape pre-construction conference, the Contractor shall name the nursery stock supplier for all items. The Contractor shall tag all nursery stock for inspection by the Forester. The Forester will reject any nursery stock not meeting the Contract at any of the three following times and locations: (1) At the named supplier’s location. The Engineer will notify the Contractor when nursery stock will be inspected at the supplier’s location. On the project site at the time of delivery, prior to planting. At the time of installation. Final acceptance of all plant material will be made at the time of installation on the project site. Deciduous plants, broadleaf evergreens, and conifers shall be balled and burlapped, or in containers used in standard nursery practice. Balling and burlapping shall conform to the recommended specifications in the American Standard for Nursery Stock. The ball of the plant shall be natural, not made, and the plant shall be handled by the ball at all times. No balled and burlapped plant shall be accepted if the ball is broken or the trunk is loose in the ball. Each species shall be identified by means of grower’s label affixed to the plant. The grower’s label shall include the data necessary to indicate conformance to specifications. Plants for fall planting shall be furnished balled and burlapped or container-grown unless otherwise designated in the Contract or approved. Stakes. Wood stakes shall be 2 inches x 2 inches square, or 2 ½ inch diameter and 6 feet long free from bends. Metal stakes shall be 6 feet long standard T-bar steel fence post or #4 or larger rebar. Wood stakes shall be made of untreated wood guaranteed to last in the ground at least two growing seasons. The bottom of wood stakes shall be pointed. Soil Conditioners and Fertilizer. Soil conditioner shall consist of composted plant material, 90 percent ¼ inch or less with a carbon to nitrogen ratio of 15:1 to 25:1. A sample of the soil conditioner and certificate of compliance shall be provided to the Engineer to verify the organic matter content, and carbon matter to nitrogen ratio shall be submitted one month prior to planting for approval. Fertilizer for planting shall be used as specified in the Contract. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 34 -3- SECTION 214 PLANTING CONSTRUCTION REQUIREMENTS 214.03 General All plants shall be protected from drying out or other injury. Broken and damaged roots shall be pruned before planting. (a) Planting Seasons. Plants shall be planted in accordance with the Contract. Areas to be planted shall be brought to the lines and grades designated or approved. The location of plants shown in the Contract is approximate to the degree that unsuitable planting locations shall be avoided. Trees shall be planted at least 30 feet from the edge of the traveled way, except when guardrail or vertical curb exists, this distance may be reduced to 7 feet. Locations and layouts shall be approved before preparatory work for planting is started. Shrubs shall not be planted closer than 4 feet from the edge of pavement. All layout staking for planting shall be done by the Contractor and shall be approved by the Engineer before planting holes are prepared. The Contractor shall place all plant material according to the approved planting plans, or as directed. (b) Excavation. Planting pits shall be circular in outline with vertical or sloped sides. Pits for trees and shrubs shall be at least two times greater in diameter than the earth ball. (c) Planting. Planting shall be done in accordance with good horticultural practices. Plants of upright growth shall be set plumb and plants of prostrate type shall be set normal to the ground surface. Plants with dry, broken, or crumbling roots will not be accepted for planting. Planting pits shall be dug 2 to 4 inches shallower than the height of the rootball for trees, and 2 inches shallower for shrubs. In non-irrigated areas, planting pits shall be dug so that the top of the rootball is level with the final grade. The tree rootball shall be set in the center of the planting pit on undisturbed soil. Trees shall be stabilized and then the wire basket, any twine or wire, and burlap shall be removed before the pit is backfilled. Shrubs shall be planted in the center of the pit. Plastic, metal, fabric, or peat containers shall be removed. Shallow scores ¼ to ½ inch deep shall be made along the edges of the rootball. Areas to be planted with ground cover shall be prepared by placing topsoil and a ½ inch layer of soil conditioner on the ground surface, and roto-tilling to a depth of 6 inches. Ground cover shall be planted by excavating to a depth sufficient to accommodate the root structure of plant materials without crimping or bending roots. After planting, backfill shall be placed around the ground cover and compacted firmly around the roots. The planted areas shall be brought to a smooth and uniform grade, and then top dressed with a 2 inch mulch cover of the type specified on the plans. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 35 -4- SECTION 214 PLANTING (d) Backfilling. When soil conditioner is specified, composted plant material shall be added and thoroughly mixed into the backfill material at the rate of 0.5 cubic foot per tree and 0.1 cubic foot per shrub. Backfill shall be thoroughly worked and watered-in to eliminate air pockets. Watering shall be done immediately after the plant is placed. Backfilling of the planting pit shall be resumed after this water is absorbed. Roots and crown shall be covered with soil at this time. After the soil has settled, plants must be in the proper position and at the proper depth. Saucers shall be prepared around each plant to the dimensions shown on the planting details. When saucers are required they shall be covered with a 4 inch thick layer of fresh moist wood chip mulch conforming to Section 213. After completion of all planting and before acceptance of the work, the Contractor shall water plants installed under this Contract, as needed to maintain a moist root zone optimum for plant growth. Plants damaged by the Contractor’s operations shall be replaced at the Contractor’s expense. Surplus soil remaining after backfilling is completed shall be used for constructing water retention berms, or, if not needed for berms, shall be thinly distributed (wasted) in the vicinity, subject to approval of the Engineer. (e) Pruning. All deciduous trees and shrubs shall be pruned in accordance with standard horticultural practice, preserving the natural character of the plant. Guidelines for pruning are indicated in the planting details. Pruning cuts shall be made with sharp clean tools. All clippings shall become the property of the Contractor and be removed from the site. (f) Staking. All deciduous trees 2 inch caliper and greater shall be staked with two stakes. Stakes shall conform to subsection 214.02(c). Stakes shall be driven 2 feet into the ground with one stake on the side of the prevailing wind (generally the west side) and the other stake on the opposite side. Stakes shall be driven at least 1 foot outside each edge of the planting pit. Trees shall be guyed with 1 to 2 inch wide strips of nylon webbing with metal grommets. Coniferous trees 4 feet or taller shall be staked as designated in the Contract or directed. Stakes shall be spaced equally around the tree. Trees specified to be guyed with wire shall be secured with No. 12 gage annealed galvanized steel wire free of bends and kinks. (g) Wrapping Materials. Wrapping material shall be horticulturally approved waterproof wrapping paper. Wrapping shall be applied from the base of the tree upward to the second scaffold branch and secured with arbor tape. Populus sp. are exempt from tree wrap. The Contractor shall submit the manufacturer’s certification for the wrapping material requirements. Wrapping shall be done in the fall months prior to freeze, and removed in the spring. Wrapping shall not remain on any trees throughout the summer months. Wrapping shall be removed by the Contractor. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 36 -5- SECTION 214 PLANTING All plant tags shall be removed from plants and all packing or other material used by the Contractor shall be removed from the site. (h) Irrigation. Plantings that are to be irrigated shall be planted so that the irrigation system is operating and supplying the designated amount of water as planting is occurring. Plants shall be watered within 15 minutes of planting. 214.03 Landscape Establishment The Contractor shall be responsible for the following: The Landscape Establishment Period begins upon receipt of the written “Notice of Substantial Landscape Completion” from the Engineer. Substantial Landscape Completion occurs when all plant materials in the Contract have been planted and all work under Sections 212, 213, 214 and 623 has been performed, except for the Section 214 pay item, Landscape Maintenance. If the Notice of Substantial Landscape Completion is issued during the spring planting season, the Landscape Establishment Period begins immediately and lasts for a period of 24 months. If the Notice of Substantial Landscape Completion is issued at any other time, the Landscape Establishment Period begins at the start of the next spring planting season and lasts for a period of 24 months. After all planting on the project is complete, a plant inspection shall be held including the Contractor, Forester and Landscape Architect to determine acceptability of plant material. During inspection, an inventory of rejected material will be made, and corrective and necessary cleanup measures will be determined. From the time of installation, during construction, and throughout the Landscape Establishment Period, the Contractor shall maintain all plant material, sodded and seeded areas in a healthy and vigorous growing condition, and ensure the successful establishment of vegetation. During the Landscape Establishment Period, the Contractor shall water, cultivate, and prune the plants, and repair, replace or readjust guy material. The Contractor shall also remove weeds from plant beds and saucers, maintain specified depths of mulching material and fertilize via a root feeder during the spring of each growing season. Dead, dying or rejected material shall be removed each month during the Landscape Establishment Period as directed. Plant replacement shall be performed during the spring planting seasons at the beginning and end of the Landscape Establishment Period. Plant replacement stock shall be planted in accordance with the Contract and is subject to all requirements specified for the original material. Plant replacement shall be at the Contractor’s expense. An inspection will be conducted by the Contractor, Forester and Landscape Architect, 12 months after the beginning of the Landscape Establishment Period in order to determine acceptability. Plant replacements determined to be necessary at this inspection will be planted within 30 days following the inspection. A second inspection to determine acceptability will be conducted no later than 23 months following the beginning of the Landscape Establishment Period. Plant replacements determined to be necessary at this second inspection will be planted within 30 days following the inspection. Following any necessary plant Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 37 -6- SECTION 214 PLANTING replacements, the Contractor, Forester and Landscape Architect will conduct a final inspection in order to close the Landscape Establishment Period. The Contractor shall remove all guying wires, straps and stakes from the plant material prior to this final inspection. Prior to the beginning of the Landscape Establishment Period, a watering schedule listing the calendar days chosen to complete the required watering shall be submitted to facilitate inspections by the City/Engineer. Watering in Irrigated Areas. The trees planted by the Contractor shall be watered twice per month at the rate of 30 gallons per tree per watering for the months May through October during the 24-month Landscape Establishment Period, or as needed, and the trees shall also be watered once per month at the rate of 30 gallons per tree for the months November through April during the 24-month Landscape Establishment Period, or as needed. The shrubs planted by the Contractor shall be watered twice per month at the rate of 10 gallons per shrub per watering event for the months May through October during the 24-month Landscape Establishment Period, or as needed, and the shrubs shall also be watered once per month at the rate of 10 gallons per shrub for the months November through April during the 24-month Landscape Establishment Period, or as needed. The contract performance bond, required by subsection 103.03, shall guarantee replacement work during the plant establishment period. If all other work is completed on a project, no contract time will be charged during the plant establishment period. METHOD OF MEASUREMENT 214.05 The quantity of planting to be measured will be the number of plants, of the types and sizes designated in the Contract that are actually planted and accepted. Landscape Maintenance will not be measured, but will be included in the cost of the work. 214.06 The accepted quantities of planting will be paid for at the contract unit price for each of the various items listed below that appear in the bid schedule. Payment for the total cost of the item will be made at the completion of planting. Cost of the performance bond shall be included in the cost of the plant items. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 38 -7- SECTION 214 PLANTING Payment will be made under: Pay Item Pay Unit Deciduous Tree (3 Inch Caliper) Each Water required for all items of work will not be measured and paid for separately, but shall be included in the work. Payment shall be full compensation for all work necessary to complete the item. For each month that landscape maintenance is performed and accepted during the Landscape Maintenance period as specified in subsection 214.04, payment for Landscape maintenance will be made in installments as follows: (1) 5 percent of the lump sum amount will be paid for each of the eight growing season months, March through October for each year. 2.5 percent of the lump sum amount will be paid for each of the winter months, November through February for each year. Landscape maintenance performed during construction will not be measured and paid for separately, but shall be included in the work. Landscape Establishment, except for landscape maintenance, will not be paid for separately, but shall be included in the work. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 39 REVISION OF SECTION 304 AGGREGATE BASE COURSE Section 304 of the Standard Specifications is hereby revised for this project as follows: Subsection 304.02 shall include the following: Materials for the base course shall be Aggregate Base Course (Class 5) as shown in subsection 703.03 The aggregate base course (Class 5) must meet the gradation requirements and have a resilient modulus of at least 32,883 p.s.i. (R78) when tested by the Hveem Stabilometer method. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 40 REVISION OF SECTION 403 HOT MIX ASPHALT DESCRIPTION Subsection 403.01 shall include the following: Hot Mix Asphalt (Grading SG) (100) (PG28-28) (Temporary Pavement) shall be used as a temporary driving surface following completion of Phase I of the bridge construction. This pavement must be removed prior to placement of the final pavement structure. Section 403 of the Standard Specifications is hereby revised for this project as follows: Subsection 403.02 shall include the following: The design mix for hot mix asphalt shall conform to the following: Table 403-1 Value For Grading Property Test Method SG(100) S (100) Air Voids, percent at: N (design) CPL 5115 3.5 – 4.5 3.5 – 4.5 Lab Compaction (Revolutions): N (design) CPL 5115 8 100 8 100 Stability, minimum CPL 5106 Aggregate Retained on the 4.75 mm (No. 4) Sieve with at least 2 Mechanically Induced fractured faces, % minimum CP 45 90 70 Accelerated Moisture Sus-ceptibility Tensile Strength Ratio (Lottman), minimum CPL 5109 Method B 80 80 Minimum Dry Split Tensile Strength, kPa (psi) CPL 5109 Method B 205 (30) 205 (30) Grade of Asphalt Cement, Top Layer PG64-28 Grade of Asphalt Cement, Layers below Top PG64-22 Voids in the Mineral Aggregate (VMA) % minimum CP 48 See Table 403-2 See Table 403-2 Voids Filled with Asphalt (VFA), % AI MS-2 65-75 65-75 Dust to Asphalt Ratio Fine Gradation Coarse Gradation CP 50 0.6 – 1.2 0.8 – 1.6 0.6 – 1.2 Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 41 -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 ***Design Air Voids ** Maximum Size*, mm (inches) 3.5% 4.0% 4.5% 37.5 (1½) 11.6 11.7 11.8 25.0 (1) 12.6 12.7 12.8 19.0 (¾) 13.6 13.7 13.8 12.5 (½) 14.6 14.7 14.8 9.5 (⅜) 15.6 15.7 15.8 * 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. Hot mix asphalt for patching shall conform to the gradation requirements for Hot Mix Asphalt (Grading SG). 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. Subsection 403.03 shall include the following: The Contractor shall use an approved anti-stripping additive. The amount of additive used shall be a minimum of 0.5 percent by weight of the asphalt cement. The additive shall be added at the refinery or at the hot plant. If liquid anti-stripping additive is added at the plant, an approved in-line blender must be used. The blender shall be in the line from the storage tank to the drier drum or pugmill. The blender shall apply sufficient mixing action to thoroughly mix the asphalt cement and anti-stripping additive. Delete subsection 403.05 and replace with the following: Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 42 -3- REVISION OF SECTION 403 HOT MIX ASPHALT BASIS OF PAYMENT 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. Payment will be made under: Pay Item Pay Unit Hot Mix Asphalt (Grading SG)(100) (PG 58-28) (Temporary Pavement) Ton Hot Mix Asphalt (Grading SG)(100) (PG 58-28) Ton Hot Mix Asphalt (Grading S)(100)(PG 64-28) 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. Removal of temporary pavement will not be measured and paid for separatley, but shall be incidential to the cost of Construction Zone Traffic Control (Shields Bridge) lump sum. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 43 REVISION OF SECTION 403 WARRANTED HOT MIX ASPHALT Section 403 of the Standard Specifications is hereby revised for this project to include the following: DESCRIPTION This work consists of the construction of warranted hot mix asphalt in accordance with these specifications, and in conformity with the lines and grades shown on the plans or established. MATERIALS AND CONSTRUCTION REQUIREMENTS The provisions of Section 401 do not apply to warranted hot mix asphalt except for the following: Longitudinal joints shall conform to the requirements of subsection 401.16. Roadway smoothness shall conform to the requirements of subsection 401.20. Paving limitations shall conform to the requirements of subsection 401.07. The Contractor shall be responsible for the hot mix asphalt mix design, production, placement, performance, process and thickness control testing, and warranty work for a period of 2 years from the date of pavement acceptance. The warranted hot mix asphalt shall be a mixture of aggregate, filler or additives if used, bituminous material, hydrated lime, and reclaimed material if used. A minimum of one percent hydrated lime by weight of the combined aggregate shall be added to the aggregate for all warranted hot mix asphalt. The Contractor shall establish the materials mix design (MMD) for the hot mix asphalt. The MMD consists of an aggregate gradation based on percentages of the material passing various sieve sizes, a percentage by weight of bituminous material to be added to the aggregate, and a temperature for the mixture at discharge from the mixing plant. The Contractor shall select all materials to be used in the mixture including the asphalt cement. Transverse cracking shall not be included in the performance warranty if the asphalt cement meets or exceeds the low temperature required for Superpave performance grade PG(64-28) and PG(58-28) conforming to subsection 702.01. The minimum thickness placed shall be as shown on the plans. Two weeks before starting paving, the Contractor shall provide the Engineer the MMD, the method of developing the MMD, all MMD testing, a list of materials, and all thickness testing methods. The hot mix asphalt shall be warranted for 2 years against the types of distress listed in (d) below. (a) Warranty and Warranty Bond. By submission of its bid in response to this specification, the Contractor warrants that all of the hot mix asphalt placed on the project shall be free of defective materials and workmanship for a period of 2 years from the date of pavement acceptance as defined in the Revision of Section Acceptance. The Contractor further warrants that it will ensure proper and prompt performance and completion of warranty work in accordance with this specification. Warranty work shall be performed when any defect occurs in the hot mix asphalt materials or workmanship within that 2 year period and warranty Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 44 -2- REVISION OF SECTION 403 WARRANTED HOT MIX ASPHALT work is required or needed on that pavement. Prompt performance and completion of warranty work includes payment for all labor performed and for all equipment and materials used. The Contractor understands and agrees that if so required by the Engineer, the Contractor shall perform and complete warranty work after the 2 year period has ended. Delays for warranty work can and may occur due to factors such as weather delays, project reasons which do not reasonably allow that work to be performed, public interest reasons or for any other reason. Performance due to delays will not be required to start later than nine months after the 2 year period has ended. All such warranty work shall be solely at the Contractor’s expense up to $25,000.00. The Engineer may elect to have additional work performed and will be responsible for payment of actual expenses incurred by the Contractor. Additional work shall be authorized in writing by the Engineer. All documentation of actual costs incurred in the performance of warranty work shall be made available for audit by the Engineer. The Contractor shall provide a warranty performance bond ("warranty bond") to guarantee the full performance of the warranty work described in this specification. The warranty bond shall be in the amount of $25,000.00. The warranty bond shall be a single term 2 year (plus an additional nine months in certain circumstances) warranty bond that will be in effect for the entire warranty period. The warranty bond shall be in effect upon pavement acceptance, and it shall remain in effect for the total of 2 years from that date. The Contractor shall provide a 2 year warranty bond, that fully complies with this specification, to the Engineer at the time of execution of the Contract. The need for warranty work, and the performance of that warranty work, shall be determined in accordance with (d) below. The Contractor will be released from further warranty work at the end of the warranty period or upon completion of any delay warranty work, as described above, whichever is later, provided all required warranty work has been satisfactorily completed. (b) Pavement Evaluation Team (PET). The PET shall have the final decision authority for all warranty work. The PET shall consist of three subject matter experts not affiliated with the project. One member will be a CDOT staff person, the second member will represent the asphalt paving industry, and the third will be mutually agreed upon by the other two members. Each member of the PET shall have a minimum 15 years experience in one or a combination of the following disciplines: pavement management, asphalt pavement design, asphalt pavement construction, maintenance management or asphalt pavement maintenance. The City will cover expenses associated with performing the duties of the PET for the CDOT member and the mutually agreed upon third party. The Contractor shall cover expenses associated with performing the duties of the PET for the asphalt paving industry member Members will be replaced as necessary based upon the criteria above. The City representative on the PET shall be responsible for scheduling distress surveys, preparing the reports, and notifying the Engineer when warranty work is required. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 45 -3- REVISION OF SECTION 403 WARRANTED HOT MIX ASPHALT (c) Warranty Work. During the warranty period the warranty work shall be performed at no cost to the City and shall be based on the results of the pavement distress survey. Warranty work to be performed and materials to be used shall be in accordance with the remedial actions and other requirements in (d). The Contractor may propose alternative actions for warranty work to the Engineer who will submit the proposal to the PET. All warranty work to repair distresses shall be done in accordance with current CDOT standards and coordinated with the Engineer. Innovative materials and techniques may be considered. The PET will render a final decision by majority vote. During the warranty period, the Contractor may monitor the pavement in question using nondestructive procedures. All proposed remedial actions shall be coordinated with the Engineer. Coring, milling or other destructive procedures shall not be performed by the Contractor without prior written consent of the Engineer. The Contractor is not responsible for damages that are a result of coring, milling or other destructive procedures conducted by the City, utility companies or other entities not under the control of the Contractor. When notified by the PET that warranty work is required, the Engineer will notify the Contractor and Surety, in writing. If the Contractor or Surety fails to respond in writing within fifteen days after receiving written notice from the Engineer, the City may make repairs or contract to have the repairs made and the Contractor and Surety shall be responsible for the total cost of these repairs including lane rental fees. At least 30 days before the expiration of the warranty, and at any other time during the warranty period as deemed necessary by the Engineer, the PET shall conduct a pavement distress survey. If the Engineer is notified by the PET that warranty work is required in accordance with the distress indicators, the Engineer will notify the Contractor and Surety in writing. If the Contractor or the Surety fails to respond in writing within 15 days after receiving written notice from the Engineer, the City will complete the repairs or contract to have the repairs completed and the Contractor and Surety shall be responsible for the total cost of these repairs including the lane rental fees. If it is necessary to delay performance of the final warranty work due to weather limitations or other reasons in the public interest, the Contractor and City shall agree to the extent of work to be performed. Any additional distress resulting from the delay will be the responsibility of the City. Warranty work that requires a resurfacing of the pavement shall be performed only when weather conditions are in accordance with subsection 401.07. The Contractor shall maintain traffic at all times as detailed in the Traffic Control Plan. Warranty work shall be performed during the times of day and days of week specified for the original contract work. (d) Pavement Distress Indicators, Thresholds and Remedial Action. Pavement distress indicators shown below shall be used as the basis for determining the distress types to be considered for repair under the warranty and as the basis for determining the methods for measuring distresses. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 46 -4- REVISION OF SECTION 403 WARRANTED HOT MIX ASPHALT The pavement distress surveys are conducted by dividing the roadway into nominal one-mile sections. A one-tenth mile segment in each mile will be evaluated for pavement distress. The segment evaluated shall be from 0.3 to 0.4 miles from the start of the section. In addition, in each section, a random one-tenth mile segment will be surveyed. The random one-tenth mile segments will be determined by the PET each time a survey is conducted. The PET will conduct intermediate surveys if requested in writing by the Engineer. The PET will notify the Engineer in writing of the survey results within 15 days. The Engineer will immediately notify the Contractor in writing. Traffic control for conducting the surveys will be the responsibility of the City. If any survey requires remedial action and the Contractor does not dispute the survey results, the Contractor shall remedy the distress. If the survey requires remedial action and the Contractor disputes the survey results, the Contractor shall notify the Engineer in writing within 15 days of receiving notice. The notification shall describe the contractual and legal basis for the disagreement with the survey results. The Engineer will transmit the Contractor's notification to the PET which will render a final decision and notify the Engineer in writing within 30 days of the Contractor's notification. The PET shall determine the remedial action to be performed in all segments in the project where the threshold level is met or exceeded. If areas outside the survey segments are suspected of meeting or exceeding a threshold level, the PET will divide the entire project into 0.1 mile segments and conduct the distress survey in any, or all, segments to see if a threshold level has been met or exceeded. Unless otherwise directed by the Engineer remedial action shall be performed in the same calendar year as the survey that indicated the threshold level is met or exceeded. Remedial action shall be applied to each entire segment in which the threshold level is met or exceeded unless otherwise noted under remedial action. When the remedial action required includes an overlay, the action shall also be performed on the hot mix asphalt shoulders and adjacent lanes. If remedial action necessitates a corrective action to the pavement markings, adjacent lanes or roadway shoulders, then such corrective action to the pavement markings, adjacent lanes and shoulders shall be performed at the expense of the Contractor. When remedial action requires the removal of pavement, the pavement shall be replaced with a mix approved by the PET. The mix shall be placed according to the Contractor's QCP. Pavement shall be removed by cutting neat lines vertically for the full depth of the affected layer unless otherwise specified. Removal areas shall be rectangular, and the sides and bottoms shall be thoroughly coated with an approved tack coat prior to pavement replacement. If, anytime during the warranty period, 30 percent or more of the project segments require or have received remedial action, then the entire project shall receive a remedial action as determined by the PET. The Contractor will not be held responsible for distresses which are caused by factors beyond the control of the Contractor. A finding that the distress is due to factors outside the control of the Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 47 -5- REVISION OF SECTION 403 WARRANTED HOT MIX ASPHALT Contractor shall be based on evidence submitted by the Contractor to the Engineer. The PET will make the final determination. Distress types to be warranted, the threshold levels requiring remedial action, and the remedial action to be performed by the Contractor shall be according to the following pavement distress indicators: 1. Permanent Deformation - Rutting and Shoving. Rutting is longitudinal surface depression in the wheel path. Shoving is longitudinal displacement of a localized area of the pavement surface caused by traffic pushing against the pavement. Rutting shall be measured at 50 foot intervals using a 6 foot straight edge, and taking several measurements transversely across the pavement to determine the maximum rut depth. Rut depths shall be rounded to the nearest 0.10 inch. Severity Quantity Preferred Actions (Actual action to be approved by PET) Low > 0.3 to 0.5 inch Micromill or diamond grind to remove ruts, chip seal, microsurface or remove and replace. Moderate > 0.5 to 1 inch Micromill or diamond grind to remove ruts then microsurface or remove and replace. High > 1 inch Evaluate the cause and then remove and replace. The Permanent Deformation - Correction of rutting and shoving will not be required when the accumulated design lane Equivalent Single Axle Loads (ESAL's) exceed "w" at time intervals shown below: Table A: 2 year Warranty Rutting Rate of Loading Table Time after Pavement Acceptance (sampling intervals) Maximum Accumulated ESAL's (where D = 3 year projection design lane ESAL's) "w" 6 months 0.25 x D 12 months 0.50 x D 18 months 0.75 x D 24 months D If the rutting is suspected to be caused by the base or subgrade, coring (or cross sectional sampling) will be conducted by the Department to determine the cause of the rutting. The Contractor shall have the option to obtain cores and cross-section samples at his own expense, including repair of the sampled areas, traffic control, and all lane rental fees. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 48 -6- REVISION OF SECTION 403 WARRANTED HOT MIX ASPHALT 2. Pot Holes. Pot holes are bowl shaped depressions of various sizes in the pavement surface caused by loss of pavement mix. Severity Quantity Preferred Actions (Actual action to be approved by PET) Low < 1 inch deep and > 0.2 feet2 Seal coat or crack / joint seal Moderate 1 inch to 2 in. deep and > 0.2 feet2 Patch High > 2 inch deep and > 0.2 feet2 Remove and replace to 2 feet beyond apparent distress. 3. Longitudinal Joint Separation. Longitudinal joint separation is loss of the pavement surface or depressions within 18 inches of a longitudinal joint. Severity Quantity (Mean Width) Preferred Actions (Actual action to be approved by PET) Low  0.25 inch Seal cracks with hot poured joint and crack sealant materials that meet the requirements of ASTM D 3405. Moderate > 0.25 inch and  0.75 inch Seal cracks with hot poured joint and crack sealant materials which meet the requirements of ASTM D 3405, ASTM D 5078 or ASTM D 5078 with 22% scrap rubber High > 0.75 in. Remove and replace a minimum of 6 inches beyond distress laterally and 2 feet beyond distress longitudinally. In no instance shall resulting joints be placed in the wheelpath. 4. Raveling and Weathering. Raveling and weathering are the wearing away of the pavement surface caused by the dislodging of aggregate particles (raveling) and the loss of asphalt binder (weathering). Affected area shall be repaired to 24” beyond apparent distress. Preferred actions include slurry seal, chip seal, Novachip, ultra-thin overlay or remove and replace. The actual action shall be approved by the PET. 5. Bleeding. Bleeding is a film of bituminous material on the pavement surface which creates a shiny, glass-like, reflective surface. Severity Quantity Preferred Actions (Actual action to be approved by PET) Low Coloring of surface visible Observe more frequently Moderate Asphalt free on surface Microsurface or SMA overlay High Asphalt free on surface and tire tracks Remove and replace full width of lane or shoulder to two feet longitudinally beyond affected area. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 49 -7- REVISION OF SECTION 403 WARRANTED HOT MIX ASPHALT 6. Delamination of Pavement Layers. Delamination of pavement is the separation of one layer from the layer below it. Remedial action for delamination: affected area shall be removed and replaced to one foot beyond the apparent distress. 7. Transverse Cracking. Transverse cracks are cracks relatively perpendicular to the pavement centerline. The highest severity level present for at least 10% of the total length of the crack shall be assigned. Random cracks with transverse cracks are cracks that occur randomly and are within two feet of the transverse crack. Spalling with transverse cracks is the cracking, breaking or chipping of the pavement surface within two feet of the transverse crack. Severity Quantity Preferred Action (actual action to be approved by PET) Low < 0.25 inch wide Seal cracks with hot poured joint and crack sealant materials that meet the requirements of ASTM D 3405. Moderate < 0.75 inch wide < 0.25 inch wide with spalling or random cracking Seal cracks with hot poured joint and crack sealant materials which meet the requirements of ASTM D 3405, ASTM D 5078 or ASTM D 5078 with 22% scrap rubber. High  0.75 in. wide < 0.75 in. wide with spalling and random cracking Remove and replace full width of lane or shoulder to one foot longitudinally beyond the apparent distress. (e) Elective or Preventive Action. Elective or Preventive action shall be a Contractor or Surety option, at the Contracor or Surety expense, subject to the approval of the Engineer. The Contractor or Surety shall notify the Engineer in writing if it proposes to perform elective or preventive work. Elective or Preventive work shall be done during times set forth in the Contract for original contract work. Lane rental fees will be assessed. (f) Emergency Work. For warranted distresses, the Engineer may request, in writing, immediate action of the Contractor and Surety for the safety of the traveling public. The Contractor or Surety shall have the first option to perform the emergency work. If the Contractor or Surety cannot perform the emergency work within 24 hours, the Engineer may have the emergency work done by other forces and seek reimbursement from the Contractor or Surety accordingly. Emergency work performed by other forces shall not alter the requirements, responsibilities, or obligations of the warranty. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 50 -8- REVISION OF SECTION 403 WARRANTED HOT MIX ASPHALT (g) Traffic Control. Construction Traffic control for warranty work shall be performed in accordance with Section 630 at the Contractor's expense. (h) Process Control Testing: The Contractor shall perform process control testing in accordance with the Revision of Section 106, Quality Control for Warranted Hot mix asphalt. Cost of the two year warranty will be incidental to the placement of all hot mix asphalt pavement. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 51 REVISION OF SECTION 411 BITUMINOUS MATERIALS Section 411 of the Standard Specifications is hereby revised for this project as follows: Subsection 411.01 shall include the following: This work consists of preparation and tack coat of existing asphalt pavement surfaces to be overlayed after completion of milling and prior to overlaying with hot asphalt paving. Also, the work consists of fog sealing the final pavement surface where temporary striping is to be removed. Subsection 411.03 shall include the following: Diluted emulsified asphalt for tack coat shall consist of 1 part emulsified asphalt and 1 part water. Actual rates of application shall be determined by the engineer at the time of application. For plan quantities of bituminous materials, the following rate of application was used: Diluted emulsified asphalt (slow-setting) at 0.10 gallons per square yard (diluted) A tack coat is required prior to the placement of subsequent lifts of HMA. Before placement of the tack coat, the contractor shall clean the roadway to the satisfaction of the engineer. Subsection 411.05 shall include the following: Emulsified Asphalt (tack coat) will not be measured and paid for separately, but shall be included in the work. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 52 REVISION OF SECTION 412 PORTLAND CEMENT CONCRETE PAVEMENT Section 412 of the Standard Specifications is hereby revised for this project as follows: Subsection 412.16 shall include the following: A two year warranty period will be apparent for all Portland Cement Concrete Pavement placed as part of the construction project. The warranty period will begin the date the project has reached final acceptance. All improvements which do not meet the project’s contract specifications, be it through substandard materials or workmanship, shall be removed and replaced at the Contractor’s expense. The project will be inspected by City representatives on a quarterly basis throughout the duration of the two year warranty period. The City will develop a list of improvements which will need to be removed and replaced and deliver this to the Contractor. The City and Contractor will meet to finalize the list of improvements to be addressed along with determining the timing of the work to be completed. The following failures will result in removal of the Portland Cement Concrete Pavement, adjustment of the underlying material (if necessary), and the replacement with material meeting the project’s contract specifications:  Pavement slabs containing one or more cracks through the full depth of the slab that separate the slab into two or more parts  Pavement slabs containing honeycombed areas  Pavement slabs containing an extreme void as defined above  Pavement slabs containing more than one void greater in depth than half the pavement thickness  Pavement slabs containing a cumulative surface area of moderate and severe voids greater than one percent of the slab’s total area  Pavement slabs containing 20 or more severe voids  Joints that are spalled over 50% their length  Concrete improvements constructed which do not meet specified grades in the plans. If water pools greater than 0.5” after a storm event, concrete improvements will need to be removed to nearest grades that meet the contract’s intent and replaced, enabling proper drainage All pavement slabs to be removed shall be removed in a manner that minimizes contamination of the removed pavement with underlying material. The removals shall be performed in accordance with the removal specifications for Portland Cement Concrete Pavement as are defined in the contract. The damaged pavement slab shall be cut in a straight, true line with a vertical face and shall be cut with a concrete saw. If the damage to the slab does not extend past the midpoint of the slab, half the panel can be removed and replaced. If the damage extends past the midpoint of the slab, the pavement shall be removed to the nearest joint. The removed concrete pavement shall become the property of the Contractor and disposed of outside the project site legally. All concrete pavement removed shall be replaced with concrete meeting the specifications for either Class E or P concrete, and shall match the thickness and finish of the existing pavement. For repairs on arterial and collector streets, concrete placed shall meet 3000 psi strength within 48 hours of placement. A minimum compressive strength of 3000 psi or .80 Fc, whichever is greater, and a minimum flexural compressive strength of 450 psi are required prior to opening the roadway to traffic. Prior to removing and replacing the damaged slab, a concrete mix design shall be submitted and approved. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 53 -2- REVISION OF SECTION 412 PORTLAND CEMENT CONCRETE PAVEMENT The Contractor shall provide all traffic control necessary to reroute traffic during the removal, replacement, and curing for all concrete pavement not meeting the project’s contract specifications. All traffic control plans shall be submitted to the City’s Traffic Operations Department for approval. The Contractor shall notify the City’s project manager at least 48 hours prior to beginning any removals. If any striping or stenciling is necessary after the work has been completed, the City will perform the striping. All costs incurred for the striping will be the responsibility of the Contractor. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 54 REVISION OF SECTION 514 PEDESTRIAN RAILING (STEEL)(SPECIAL) Section 514 of the Standard Specifications is hereby deleted in its entirety and replaced with the following: DESCRIPTION 514.01 This work shall consist of furnishing all equipment, labor, fabrication and materials to do all work necessary to construct the Pedestrian Railing (Steel)(Special) as indicated on the Drawings and as specified herein. These consist of a cable guardrail and decorative fence. MATERIALS 514.02 Materials shall meet the following requirements as follows: 1. Decorative fence steel shall conform to the requirements of Section 509 and the following: a. Steel pipe shall conform to the requirements of ASTM A500 Grade B. 2. Cable Guardrail shall conform to the requirements of ASTM 985, Specifications for Permanent Metal Railing Systems and Rails for Buildings, and the following: a. Stainless steel stranded cable shall conform to MIL-SPEC MIL-C-5688. b. Cable hardware shall conform to ASTM A 276. c. Basis of Design Product: i. Manufacturer: Hayn Enterprises, LLC ii. 51 Inwood Road, Rocky Hill, CT 06067 iii. Phone: 800-346-4296 iv. Type: System SPI-2000 Welding shall conform to the American Welding Society Structural Weld Code - Steel D1.1. Shop Drawings: Submit shop drawings of all metal railing fabrications to the Engineer for approval, showing sizes and thickness of all members, types of materials, methods of connection and assembly, complete dimensions, clearances, anchorage, relationship to surrounding work by other trades, shop paint and protective coatings, and other pertinent details of fabrication and installation. 1. Field-measurement shall be conducted prior to development of shop drawings to verify required dimensioning of railing. 2. Indicate profiles, sizes, connection attachments, anchorage, openings, size and type of fasteners and any accessories. 3. Include erection drawings, elevations, applicable details and field dimensions. 4. Indicate welded connection using standard AWS welding symbols. Indicate net weld lengths. Samples: Submit material information as listed in the following. 1. Do not order materials or begin fabrication until Engineer’s review of submittals has been completed and returned. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 55 -2- REVISION OF SECTION 514 PEDESTRIAN RAILING (STEEL)(SPECIAL) 2. Furnish to the Contractor with copy to the Engineer, a certified statement that the shop-applied finishes conform to these Specifications, including compliance with application thickness and adhesion. Immediately before painting, remove rust, loose mill scale, dirt, weld flux, weld spatter, and other foreign materials with SSPC-SP6 commercial sandblast treatment. CONSTRUCTION REQUIREMENTS 514.03 Materials shall be carefully handled and stored under cover in manner to prevent deformation and damage to the materials and to shop finishes, and to prevent rusting and the accumulation of foreign matter on the metal work. All such work shall be repaired and cleaned both prior to and after erection. Work shall be erected square, plumb and true, accurately fitted, and with tight joints and intersections. Materials shall be new stock, free from defects impairing strength, durability or appearance and of best commercial quality for each intended purpose. Connections shall be continuous-welded type for rigid construction, with weld ground smooth. Welding shall conform to applicable requirements of AWS D1.1. Metal surfaces shall be cleaned and free from mill scale, flake, rust and rust pitting; well formed and finished to shaped and size, true to details with straight, sharp lines and angles and smooth surfaces. Weld all permanent connections. Welds shall be continuous on all exposed surfaces; exposed weld shall be ground flush and smooth with voids filled with metallic filling compound. Pipe rail shall be rigidly braced and secured to surrounding construction, and shall be tight and free of rattle, vibration, or noticeable deflection during construction. Rail shall be of Architectural Quality. Exceptional care shall be taken in welding and grinding, filing and surface sanding to provide truly smooth, clean, neat, and flush construction throughout, free of all surface defects and defacements. Remove and replace work at no additional cost to the project for work of this section which is improperly located or is not true to line, and plumb. Repair damaged components and finishes as recommended by the manufacturer and as indicated herein. METHOD OF MEASUREMENT 514.04 Pedestrian Railing (Steel)(Special) shall be measured and paid for by the linear foot from end to end of metal rail sections, as shown on plans. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 56 -3- REVISION OF SECTION 514 PEDESTRIAN RAILING (STEEL)(SPECIAL) BASIS OF PAYMENT 514.05 The accepted quantities rail measured as provided above will be paid for at the Contract unit price per linear foot, which shall be compensation for all labor, equipment and materials including embedded anchorage, painting, installation and adjustment required to complete the item. Payment will be made under: Pay Item Pay Unit Pedestrian Railing (Steel)(Special) Linear Foot Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 57 REVISION OF SECTION 601 STRUCTURAL CONCRETE Section 601 of the Standard Specifications is hereby revised for this project as follows: Section 601.01 shall include the following: A two year warranty period will be apparent for all concrete placed as part of the construction project. The warranty period will begin the date the project has reached final acceptance. All improvements which do not meet the project’s contract specifications, be it through substandard materials or workmanship, shall be removed and replaced at the Contractor’s expense. The project will be inspected by City representatives on a quarterly basis throughout the duration of the two year warranty period. The City will develop a list of improvements which will need to be removed and replaced and deliver this to the Contractor. The City and Contractor will meet to finalize the list of improvements to be addressed along with determining the timing of the work to be completed. The following failures will result in removal of the concrete, adjustment of the underlying material (if necessary), and the replacement with material meeting the project’s contract specifications:  Concrete that has heaved or settled a difference greater than 0.75” as compared to adjacent hardscaped improvements  Concrete containing one or more visible cracks through the full depth of the improvement that separate the improvement into two or more parts  Concrete improvements constructed which do not meet specified grades in the plans. If water pools greater than 0.5” after a storm event, concrete improvements will need to be removed to nearest grades that meet the contract’s intent and replaced, enabling proper drainage  Concrete containing honeycombed areas  Concrete containing an extreme void as defined in Section 412.16  Concrete containing more than one void greater in depth than half the pavement thickness  Concrete containing a cumulative surface area of moderate and severe voids greater than one percent of the slab’s total area  Concrete containing 20 or more severe voids  Joints that are spalled over 50% their length All concrete to be removed shall be removed in a manner that minimizes contamination of the removed pavement with underlying material. The removals shall be performed in accordance with the removal specifications for Structural Concrete as are defined in the contract. The damaged concrete shall be cut in a straight, true line with a vertical face and shall be cut with a concrete saw. If the damage to the concrete does not extend past the mid point of a slab, half the panel can be removed and replaced. If the damage extends past the mid point of the slab, the concrete shall be removed to the nearest joint. The removed concrete shall become the property of the Contractor and disposed of outside the project site legally. All concrete removed shall be replaced with concrete meeting the specifications for either Class B or D concrete, and shall match the thickness and finish of the existing improvement. Prior to removing and replacing the damaged slab, a concrete mix design shall be submitted and approved. The Contractor shall provide all traffic control necessary to reroute traffic during the removal, replacement, and curing for all concrete not meeting the project’s contract specifications. All traffic control plans shall be submitted to the City’s Traffic Operations Department for approval. The Contractor Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 58 -2- REVISION OF SECTION 601 STRUCTURAL CONCRETE shall notify the City’s project manager at least 48 hours prior to beginning any removals. If any striping or stenciling is necessary after the work has been completed, the City will perform the striping. All costs incurred for the striping will be the responsibility of the Contractor. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 59 REVISION OF SECTION 606 DECORATIVE COLUMN – TYPE 1 AND 2 Section 606 of the Standard Specifications is hereby modified for this project by inclusion of the following: DESCRIPTION 606.01 This work consists of constructing decorative columns as detailed in the documents. These columns are constructed with a grouted and reinforced concrete masonry unit (CMU) core. These CMU cores shall be clad with a 1-inch ‘thinstone’ natural stone veneer with pre-cast base and capped with pre- cast caps. A pre-cast sign panel is attached to Column Type 2. MATERIALS 606.02 Materials shall meet the requirements as follows: 1. Joint Reinforcement, Ties, and Anchors shall be from one of the suppliers shown below or an engineer approved equal: a) Dur-O-Wal, Inc. b) Heckman Building Products, Inc. c) Hohmann & Barnard, Inc. d) Masonry Reinforcing Corp. of America e) National Wire Products Industries f) Southern Construction Products 2. Concrete Masonry Units shall meet the requirements of ASTM C90 and as follows: a) Unit Compressive Strength shall be 2000psi b) Weight Classification shall be standard c) Do not use aggregates made from pumice, scoria, or tuff d) Provide Type I, moisture-controlled units 3. Pre-cast Concrete shall conform to Pre-stressed Concrete Institute’s “Architectural Precast Concrete Design Manual”, Current Edition, and the following: a) Portland Cement: ASTM C 150, Type 1 or II, color to be white or gray as required to achieve proper color. b) Course and Fine Aggregate: ASTM C 33, except for gradation. Color to be white. Darker aggregates may be used as long as the proper color mix is achieved. b) Pigments: ASTM C 979; Inorganic, non-fading, resistant to lime and other alkalis. Pigments not to exceed 10% of the cement weight. 4. Mortar shall be Portland Cement meeting the requirements of ASTM C150, Type I or II. Aggregate for the mortar shall meet the requirements of ASTM C144. 5. Reinforcing steel shall be epoxy coated and in accordance with ASTM A615, Grade 60 (fy = 60,000 psi). 6. A sample of the natural stone veneer and pre-cast concrete shall be submitted to the Engineer for approval, prior to construction. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 60 -2- REVISION OF SECTION 606 DECORATIVE COLUMN – TYPE 1 AND 2 a) Submit shop drawings for pre-cast concrete base, cap and sign panel to the Engineer for approval showing sizes, thicknesses and anchorages prior to fabrication. CONSTRUCTION REQUIREMENTS 606.03 Construction of the Decorative Columns shall meet the following requirements: 1. Cut masonry units with motor-driven saws to provide clean, sharp, unchipped edges. Cut units as required to provide continuous pattern and to fit adjoining construction. Use full-size units without cutting, where possible. Allow units cut with water-cooled saws to dry before placing, unless wetting of units is specified. Install cut units with cut surfaces concealed, where possible. 2. Lay hollow concrete masonry units with full mortar coverage on horizontal and vertical face shells. Bed webs in mortar in starting course on footings. 3. Provide reinforcing steel bars in corner CMU cores as shown in the plans. 4. Grout all CMU cores and vibrate to consolidate grout. 5. Tool exposed joints slightly concave when thumbprint hard, using a jointer. 6. Wire veneer ties shall be provided to anchor the natural stone veneer to the CMU core. Ties shall be spaced not more than two feet horizontally and vertically. The contractor shall submit the wire veneer tie to be incorporated in the work, for approval. The contractor shall submit a method for anchoring the sandstone caps for approval. 606.04 Construction of cut stone veneer to the Decorative Columns – Type 1 and 2 at the locations and to the lines and grades shown on the Contract Documents. A. Submittals. Submit prior to delivery to site. Attach product name, address of manufacturer and /or supplier. 1. Cut Stone Veneer: Two (2) full size units. 2. Color Samples: Grout compounds 3. On-Site Sample: Minimum 4 ft. tall by 2 ft. square including cut stone veneer, cut stone grout color. Show complete installation showing a sample pattern, finish, colors, and jointing. Protect site sample until Final Acceptance of stone work. Dispose of all samples off site thereafter. B. Performance Requirements. 1. Contractors Responsibility: Site stone system indicated establishes basic dimensions, profiles and sight lines. Within the limitations established by Contract Documents the Contractor is responsible for the design, engineering, fabrication and installation of the entire site stone in conjunction with the columns. 2. Cut Stone Veneer: Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 61 -3- REVISION OF SECTION 606 DECORATIVE COLUMN – TYPE 1 AND 2 a. Standard grade and be free of cracks, seams or starts which may impair its structural integrity or function. b. Inherent variations characteristic from which it is obtained will be acceptable. c. Color, texture and finish shall be within the range of samples to be submitted. C. Products. 1. Cut Stone Veneer: a. Manufacturer and Supplier: Arkins Park Stone Corporation b. 5975 N. County Road 27, Loveland, CO 80538-9538 c. Phone: 970-663-1920 d. Type: Arkins Park Stone – Loveland Buff Thinstone Veneer 2. Grout: a. Type S with minimum compressive strength of 1800 psi in 28 days. b. Color grout to match stone veneer, buff to tan ranges. D. Execution. 1. General: Do not install stone that has chips, cracks, holes, spills, stains, patches, scratches or other defects that would be visible in the finished work. 2. Cleaning: Clean stone both back and front prior to setting by scrubbing with a wet sponge to remove all dust and dirt. 3. Finished Grade: Lay every course of stone true and even and brought to finished grades or elevations shown on the drawings. 4. Laying: Lay stone parallel to the base line using wood mallets or similar accepted tools. 5. Tolerances: a. Variations from true plane, or flat surfaces, shall be determined by the use of a 4ft. long straight edge, applied in any direction on the surface. b. On wall surfaces the maximum variation from true plane shall not exceed 1/8 of the specified joint width. c. Maintain small grout lines of 1/4 inch min. to 1/2 inch max. 6. Installation of Cut Stone Veneer a. Wet the wall with water to provide moisture for the mortar on the rock to absorb and adhere to. b. With a pointed trowel, apply mortar to the back of the stone about 1/2 inch thick. c. Beginning with the corner pieces, work either from the top-down, or bottom-up. Press the corner piece onto the wall, rotating back and forth slightly, and forcing some of the mortar to “squeeze out”. Vary the corner returns while working your way up or down the wall to avoid unattractive vertical mortar joints near the corners. Allow about 1/4- inch to 1/2-inch space between the rock pieces. d. After the corner pieces are installed, apply flat pieces starting at an outside corner and working your way in. Remove excess mortar from around or on the rock with a sponge or stiff brush. e. To fit pieces or create unique cuts in the stone, chisel small sections of the stone prior to installation. For larger cuts, a small electric saw with a diamond blade may be used. f. Once all of the stone is in place, use a mortar/grout bag to fill in the joints between the stone. Add colorant to the mortar, and more water to the mortar so that it is smooth Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 62 -4- REVISION OF SECTION 606 DECORATIVE COLUMN – TYPE 1 AND 2 and flows easily out of the bag. Fill the bag about half full with mortar, and twist the bag at the end. Fill the vertical and horizontal joints with mortar, and sponge or whisk off excess mortar that gets onto the stone face. g. As the mortar begins to stiffen to the consistency of wet beach sand, use a joint tool to smooth out the mortar joints to the desired depth. A stiff-bristled paint brush may also be used to push mortar into the crevasses and smooth joints. h. Use a wet sponge or stiff brush to clean off any remaining mortar on the rock face. Do not use a wire brush to clean stone. E. Cleaning and Protecting. 1. Cleaning: a. After all pointing has been completed, carefully clean all stone veneer and wall caps of dirt, mortar, stains and other defacements. b. Use stiff brush or wool for cleaning, do not use a wire brush. 2. Protection: a. All completed or in progress stone work shall be protected at all times during construction. b. Use a strong impervious film or fabric to securely cover stonework. METHOD OF MEASUREMENT 606.05 The Decorative Columns shall be measured by the complete unit, as detailed in the contract documents. Decorative Columns shall include all CMU, grout, reinforcing steel, ties, anchors, cut stone veneer, pre-cast bases, pre-cast caps, and any other items necessary to complete the item as shown in the plans. Decorative Column Type 2 shall include cast stone sign panel. BASIS OF PAYMENT 606.06 Payment will be made under: Pay Item Pay Unit Decorative Column Type 1 Each Decorative Column Type 2 Each Payment shall be full compensation for all materials and work necessary to complete the item. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 63 REVISION OF SECTION 608 DETECTABLE WARNINGS Section 608 of the Standard Specifications is hereby revised for this project as follows: Subsection 608.01 shall include the following: This work includes the installation of detectable warnings on concrete curb ramps at the locations shown on the plans and in accordance with the plans. Subsection 608.02 shall include the following: Detectable warnings on curb ramps shall be truncated domes of the dimensions shown on the standard plans. Domes shall be prefabricated by the manufacturer as a pattern on concrete or masonry pavers. Pavers shall meet all Americans with Disabilities Act (ADA) requirements for truncated domes, and when installed, shall be capable of producing the pattern of domes as shown on the standard plans. Pavers shall meet the requirements of ASTM C 902 or ASTM C 936. Alternate materials may be used, if pre-approved by the Engineer. The Contractor shall submit a sample of the product, the name of the selected supplier, and documentation that the product meets all contrast requirements and will be fully compatible with the curb ramp surface to the Engineer for approval prior to start of work. Known vendors of alternate products include but are not limited to the following: Vendor Name Product Phone Numbers TMA Construction Supply CAST in TACT Warning Panels 303-295-6050 East Jordan Iron Works, Inc. Truncated Dome Plates 800-626-4653 Neenah Foundry Company R-4984 Detectable Warning Plate 800-558-5075 The domes and the underlying surface shall have a minimum of 70% contrast with the light reflectivity of the adjoining surface. The contrast shall be verified using the following equation: 100 1 1 2    B Contrast B B Where B1 = Light Reflectance Value (LRV) of the lighter area B2 = LRV of the darker area Absolute black and white will not be permitted. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 64 -2- REVISION OF SECTION 608 DETECTABLE WARNINGS The contrast shall be achieved by adding pigment during the fabrication of the paver. Prior to start of work, the Contractor shall submit appropriate documentation from the manufacturer verifying that the contrast has been met, along with a sample paver, to the Engineer for approval. Bedding and joint sand shall be free of deleterious or foreign matter. The sand shall be natural or manufactured from crushed rock. Limestone screenings or stone dust shall not be used. Sand for bedding material shall conform to ASTM C 33. Sand that is to be placed between joints shall conform to ASTM C 144. Subsection 608.03 shall include the following: (g) Detectable Warnings. Pre-fabricated pavers for detectable warnings shall be brought to the site in steel banded, plastic banded or plastic wrapped cubes capable of being transported by a fork lift or clamp lift. Pavers shall be carefully removed and stacked in a manner which results in the least amount of damage. All pavers that are damaged during transport or delivery will be rejected and shall be replaced at the Contractor’s expense. Minor cracks or chipping due to transport and handling that do not interfere with the structural integrity of the paver or the overall pattern of truncated domes will not be deemed as grounds for rejection. The Contractor shall spread the bedding sand evenly in the area defined and shall screed the sand to an appropriate embedment depth as shown on the plans or as directed by the Engineer. Sufficient sand should be placed to stay ahead of laid pavers Pavers shall be placed in a running bond pattern. Domes shall be aligned to create a square grid in the predominant direction of travel as shown in the plans. Pavers shall be installed such that the base of the truncated dome is at the same elevation as the adjoining surface, allowing for a smooth transition between the curb ramp and the detectable warning. When cut pavers are required to fill gaps between the pavers and the edge of concrete, the Contractor shall bevel portions of the truncated domes at a 45-degree angle to create a smooth transition between the partial dome and the curb ramp surface. Unless otherwise directed by the Engineer, pavers shall be cut and installed in such a manner that the domes on the cut sections will not significantly impact the overall pattern of the truncated domes. The Contractor shall use a plate vibrator to embed the pavers into the sand. The size and type of plate vibrator shall be in accordance with manufacturer’s recommendations, or as directed by the Engineer. All pavers that are damaged during embedment shall be replaced at the Contractor’s expense. Joint spacing between paver units shall be in accordance with the manufacturer’s recommendations, or as approved by the Engineer. Joints shall be filled completely with joint sand. Excess sand shall be removed by sweeping. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 65 -3- REVISION OF SECTION 608 DETECTABLE WARNINGS (h) Alternate products. Alternate materials shall be installed in accordance with manufacturer’s recommendations. The concrete surface to which alternate materials are to be applied shall be prepared in accordance with manufacturer’s recommendations. Material requirements, color and application shall be in accordance with manufacturer’s recommendations and as approved by the Engineer. Subsection 608.05 shall include the following: Detectable warnings on curb ramps, including sand, pavers, alternate materials, and all other work and materials necessary for fabrication, transport, and installation will not be measured and paid for separately, but shall be included in work for concrete curb ramp. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 66 REVISION OF SECTION 608 SIDEWALKS AND BIKEWAYS Section 608 of the Standard Specifications is hereby revised for this project as follows: MATERIALS Subsection 608.02 delete sentence one and substitute the following: Concrete for sidewalks, bikeways, and curb ramps shall be Class D, and meet the requirements of Section 601. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 67 REVISION OF SECTION 618 PRESTRESSED CONCRETE SLAB Section 618 of the Standard Specifications is hereby revised for this project as follows: Section 618.02 (b) shall include the following: 5. Threaded Inserts. Each threaded inserts shall be designed for 4 kip pullout load. Heckmann threaded insert P-35-T or approved equivalent shall be used. Section 618.17 shall include the following: Inserts shall not be paid for separately, but shall be included in the work. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 68 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows: DESCRIPTION Subsection 630.01 shall include the following: The Contractor shall submit detailed traffic control plans (TCP) with the proposed method for handling traffic (MHT). A traffic control phasing overview is provided in the plans for guidelines in the preparation of the MHT’s. Upon approval, a copy of the approved MHT shall be available at the project site at all times. CONSTRUCTION REQUIREMENTS Subsection 630.09 shall include the following: Minimal temporary striping shall be used as part of the project. Removal of temporary striping by grinding will not be allowed. METHOD OF MEASUREMENT Subsection 630.14 shall include the following: Payment for traffic control shall be lump sum including all items necessary to complete the work excluding Flagging, Traffic Control Inspection and Traffic Control Management. BASIS OF PAYMENT Subsection 630.15 shall include the following: Two portable message signs will be required for the project for the proposed closure of South Shields Street described previously. Provide message boards a minimum of seven days prior to initiating any work. Pay Item Pay Unit Construction Zone Traffic Control (Arthurs Ditch) Lump Sum Construction Zone Traffic Control (Shields Bridge) Lump Sum Temporary pavement markings and removal of temporary pavement markings is not paid for separately and is included in the items for construction zone traffic control and removal of pavement markings. All items (including but not limited to construction signs, cones, barrels, barriers, barricades, etc.) required for project traffic control for all activities of work is included in the item bid for Construction Zone Traffic Control (LS). Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 69 Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 70 REVISION OF SECTION 630 IMPACT ATTENUATOR (SAND FILLED PLASTIC BARREL) (TEMPORARY) Section 630 of the Standard Specifications is hereby revised for this project to include the following: DESCRIPTION This work consists of furnishing, installing, certifying, moving, repairing, maintaining, and removing temporary impact attenuators in accordance with these specifications and in conformity with the lines and details shown on the plans or established. MATERIALS Impact attenuators shall be sand barrel arrays and materials for plastic barrels and sand shall conform to the requirements of the manufacturer and be capable of bi-directional shielding of the objects detailed and located on the plans. Sand and water filler materials shall be treated according to the manufacturer's recommendations to prevent freezing to a temperature of -50 °F. The design speed of the impact attenuators shall be 30 mph and shall meet the requirements of NCHRP Report 350 TL-2. CONSTRUCTION REQUIREMENTS The Contractor shall paint, with white epoxy paint, an outline and the weight of each barrel on the pavement prior to final placement of sand barrel arrays. All numbers shall be a minimum of 6 inches high. Barrel type shall be one of those listed in the Safety Selection Guide. The site shall be prepared to receive the impact attenuator by filling, excavating, smoothing, constructing the paved foundation pad, installing approved transition and anchoring, and all other work necessary for the proper installation of the attenuator. The impact attenuator shall be fabricated and installed in accordance with the manufacturer's recommendations. The Contractor shall provide a copy of the manufacturer’s installation instructions and parts list to the Engineer prior to installation of the device. Each installation shall be supervised and certified as correct upon completion by a representative of the device manufacturer or by an employee of the Contractor who is a certified installer. The certified installer shall have completed device training and shall be registered with the manufacturer as a certified installer. The Contractor shall submit all appropriate documentation to validate that the certified installer has completed device training and has been registered with the manufacturer as a certified installer. METHOD OF MEASUREMENT Impact Attenuator (Sand Filled Plastic Barrel) (Temporary) will be measured by the number of attenuators shown on the plans, installed, certified, and accepted. Pricing for temporary barrels is irrespective of the size of barrel required. BASIS OF PAYMENT The accepted quantities will be paid for at the contract unit price for the pay item listed below: Payment will be made under: Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 71 -2- REVISION OF SECTION 630 IMPACT ATTENUATOR (SAND FILLED PLASTIC BARREL) (TEMPORARY) Pay Item Pay Unit Impact Attenuator (Sand Filled Plastic Barrel) (Temporary) Each Payment will be full compensation for all work and materials required to furnish, install, certify, move, repair, maintain, and remove the impact attenuator. Site preparation, foundation pad, epoxy painting, and all necessary hardware including anchors and transitions will not be paid for separately, but shall be included in the work. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 72 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. 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. (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 7 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 630.16 shall include the following: Portable Message Sign Panel shall not be paid for separately but included in the cost of Construction Zone Traffic Control LS. It is anticipated that 2 Portable Message Signs will be required for this project. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 73 REVISION OF SECTION 702 SUPERPAVE PG BINDERS Section 702 of the Standard Specifications is hereby revised for this project as follows: Subsection 702.01(a) shall include the following: Asphalt cement shall not be acid modified or alkaline modified. Asphalt cement shall not contain any used oils that have not been re-refined for resale. In addition, no modifiers shall be added that do not comply with environmental rules and regulations including 40 CFR Part 261.6(a) (3) (v), and part 266/Subpart C. Modifiers shall not be carcinogenic. The supplier of the PG binder shall be certified in accordance with CP 11. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 74 FORCE ACCOUNT ITEMS DESCRIPTION This special provision contains the Division's estimate for force account items included in the Contract. The estimated amounts marked with an asterisk will be added to the total bid to determine the amount of the performance and payment bonds. Force Account work shall be performed as directed by the Engineer. BASIS OF PAYMENT Payment will be made in accordance with Subsection 109.04. Payment will constitute full compensation for all work necessary to complete the item. Force account work valued at $5,000 or less, that must be performed by a licensed journeyman in order to comply with federal, state, or local codes, may be paid for after receipt of an itemized statement endorsed by the Contractor. Estimated Force Account Item Unit Amount F/A Minor Contract Revisions F.A. $375,000 F/A Partnering F.A. $6,000 F/A Fuel Cost Adjustment F.A. $5,000 F/A Roadway Smoothness Incentive F.A. $3,000 F/A Asphalt Cement Cost Adjustment F.A. $15,000 F/A On-The-Job Trainee F.A. $1,920 F/A Erosion Control F.A. $7,000 Force Account Descriptions 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 of this contract. F/A Partnering – This work is described in Standard Special Provision - Partnering. F/A Fuel Cost Adjustment – This work is described in Standard Special Provision – Fuel Cost Adjustment. F/A Roadway Smoothness Incentive – Pavement Incentive will be made in accordance with Standard Special Provision, Revision of Sections 105, 202, 401, 406, & 601 – Hot Mix Asphalt Roadway Smoothness (High Speed Profiler). South Shields Street HMA construction shall be in accordance with HRI Category III. Contractor is required to provide all traffic control for the completion of this work. The cost is included in the bid item for construction zone traffic control, lump sum. F/A Asphalt Cement Cost Adjustment – This work is described in Standard Special Provision – Asphalt Cement Cost Adjustment. F/A On-The-Job Trainee – This work is described in Standard Special Provision – On the Job Training. 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. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 75 SPECIAL CONSTRUCTION REQUIREMENTS 1. The Contractor shall construct all final pavement surfaces with in the City Floodway to no more than + 0.049 feet as shown in the Arthurs Ditch Replacement project. A No-Rise Certificate will be complete by the City per the City of Fort Collins Municipal Code Chapter 10 requirements. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 76 TRAFFIC CONTROL PLAN – GENERAL – ARTHUR DITCH The key elements of the Contractor's method of handling traffic (MHT) are outlined in subsection 630.10(a). A full intersection closure is anticipated for the duration of the project. The roadway must be open on or before April 15th, 2012. The components of the TCP for this project will be based on the following: ♦ (1) Subsection 104.04 and Section 630 of the specifications. ♦ (2) Standard Plan S-630-1, Traffic Controls for Highway Construction, Case 20 and Standard Plan S-630-2. ♦ (3) City of Fort Collins Work Area Traffic Control Handbook, Manual of Uniform Traffic Control Devices (U.S. Department of Transportation), or applicable statutory requirements of authority having jurisdiction. Fort Collins Handbook takes precedence over Manual of Uniform Traffic Control Devices. Unless otherwise approved by the Engineer, the Contractor’s equipment shall follow normal and legal traffic movements. The Contractor’s ingress and egress of the work area shall be accomplished with as little disruption to traffic as possible. Traffic control devices shall be removed by picking up the devices in a reverse sequence to that used for installation. This may require moving backwards through the work zone. When located behind barrier or at other locations shown on approved traffic control plans, equipment may operate in a direction opposite to adjacent traffic. The City may have entered into operating agreements with one or more law enforcement organizations for cooperative activities. Under such agreements, at the sole discretion of the City, law enforcement personnel may enter the work zone for enforcement purposes and may participate in the Contractor’s traffic control activities. The responsibility under the Contract for all traffic control resides with the Contractor and any such participation by law enforcement personnel in Contractor traffic control activities will be referenced in either the Special Provisions or General Notes of the plans depending on whether the Contractor is to hire local law enforcement or if the City is contracting with Colorado State Patrol for uniformed traffic control. Nothing in this Contract is intended to create an entitlement, on the part of the Contractor, to the services or participation of the law enforcement organization. Special Traffic Control Plan requirements for this project are as follows: During the construction of this project, traffic shall use the detour identified on the plans or approved by the Engineer. The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time, unless approved by the Engineer. At least one week prior to starting construction, the Contractor shall notify the City of Fort Collins Engineer of the date the Contractor intends to start construction. All costs incidental to the foregoing requirements shall be included in the original contract prices for the project. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 77 TRAFFIC CONTROL PLAN – GENERAL – SHIELDS STREET The key elements of the Contractor's method of handling traffic (MHT) are outlined in subsection 630.09. The components of the TCP for this project are included in the following:  City of Fort Collins Work Area Traffic Control Handbook, Manual of Uniform Traffic Control Devices (U.S. Department of Transportation), or applicable statutory requirements of authority having jurisdiction. Fort Collins Handbook takes precedence over Manual of Uniform Traffic Control Devices  Section 630 of the specifications.  Revision of Sections 100, 104, and 108 of these Project Specifications  Standard Plan S-630-1, Traffic Controls for Highway Construction, Case and Standard Plan S-630-2  Schedule of Construction Traffic Control Devices  Temporary and Permanent Traffic Signal Plans  Signing and Striping Plans  Construction phasing plans  Detour plans Special Traffic Control Plan requirements for this project are as follows: A. The Recommended Phasing Plan provided in the Contract Documents is to be used as a guideline for the CONTRACTOR. The CONTRACTOR shall submit his own detailed Traffic Control Plan for approval by the OWNER. The submittal shall be made at least two weeks before implementation of any element of the plan. Adjustments to the approved plan may be required by the OWNER based on actual traffic operation. B. Short-duration closures of City streets are allowed as shown in the Recommended Phasing Plans. C. During all phases of construction a minimum of two twelve-foot lanes in each direction shall remain open on South Shields Street, except as shown in the recommended phasing plan or as approved by the City. D. The CONTRACTOR shall maintain pedestrian and bicycle movements through the project site. The Traffic Control plan shall address the method of handling these movements. E. During all phases of construction, a minimum of one lane in each direction plus existing auxiliary turn lanes shall remain open through all intersections, except as shown in the recommended phasing plan or as approved by the City. F. The CONTRACTOR shall, at all times, provide for emergency vehicle access into and through the construction site. G. Keep traffic areas free of excavated material, construction equipment, pipe, and other materials and equipment. H. Keep fire hydrants and water control valves free from obstruction and available for use at all times. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 78 -2- TRAFFIC CONTROL PLAN – GENERAL – SHIELDS STREET I. Conduct operations in a manner to avoid unnecessary interference with public and private roads and drives. J. Provide and maintain continual temporary access for businesses and residences. K. Roadway Usage Between Operations - At all times when work is not actually in progress, CONTRACTOR shall make passable and shall open to traffic such portions of the project and temporary roadways or portions thereof as may be agreed upon between CONTRACTOR and OWNER and all authorities having jurisdiction over any properties involved. L. The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time, unless allowed by the Engineer. M. During the resurfacing work, only one lane may be closed to traffic at any time. Traffic shall not be delayed for more than 15 minutes or as directed by the Engineer. N. The CONTRACTOR shall coordinate Traffic Control activities with the City of Fort Collins Traffic Engineering and Electric Departments to assure that work activities by those departments are coordinated with the CONTRACTORS activities. At the least 48 hours notice is required. Staging of Construction Signing/Striping with Permanent Signing/Striping shall be established with the City’s Traffic Department and reflected in the Traffic Control Plan and Schedule. O. Night construction activities are not allowed. P. The CONTRACTOR shall maintain 11’ (minimum), 12’ (desirable) lanes throughout the project unless otherwise noted in the Construction Phasing plans. Q. The CONTRACTOR shall maintain the condition of all pavements including temporary widening and driveways, as directed by the Engineer. Any improvements necessary will be the responsibility of the CONTRACTOR and included in the price bid for Traffic Control. R. The CONTRACTOR shall be responsible for any temporary striping. The work shall be to the satisfaction of the Engineer and included in the price bid for Traffic Control. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 79 UTILITIES The following Utilities are known to be within the project limits: Utility/Agency Contact Phone Fiber Optic – Level 3 Aaron Whyrick 1850 Pearl Street Denver, CO 80203 (303) 326-7534 Water – City of Fort Collins Jay East 5150 Snead Road Fort Collins, CO 80525 (970) 221-6700 Storm Water – City of Fort Collins Glen Schlueter 700 Wood Street P.O. Box 580 Fort Collins, CO 80522 (970) 224-6065 Electric – City of Fort Collins Doug Martine Utilities Department P.O. Box 580 Fort Collins, CO 80522 (970) 224-6153 Gas – Excel Energy Steve Roth 1901 E. Horsetooth Road Fort Collins, CO 80525 (970) 225-7840 Telephone – Century Link Bill Johnson 3702 Automation Way Suite 106 Fort Collins, CO 80525 (970) 377-6401 Cable TV - Comcast Don Kapperman (970) 567-0245 Parks Department – City of Fort Collins Steve Lukowski (970) 567-7278 The work described in these plans and specifications will require coordination between the Contractor and the utility companies in accordance with subsection 105.10 in conducting their respective operations, so the utility work can be completed with minimum delay to all parties concerned. The Contractor will be required to provide traffic control for any utility work expected to be coordinated with construction, as directed by the Project Engineer. The Contractor shall coordinate expected relocation completion schedules with each utility after notice to proceed. The Contractor shall complete a project schedule and updates to that schedule so that the project will be completed in the time frame allowed in this contract considering utility relocations and utility coordination at the time of construction. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 80 -2- UTILITIES The work listed below shall be performed by the Contractor in accordance with the plans and specifications, and as directed by the Engineer. The Contractor shall keep the utility companies advised of any work being done to their facilities, so that the utility companies can coordinate their inspections for final acceptance of the work with the Engineer. Provide written notice to each utility company, with a copy to the Engineer, prior to any work by a utility company that is to be coordinated with project construction. A minimum of three (3) calendar weeks of prior notice is required. For the Level 3 Fiberoptic - The Contractor shall coordinate the relocation of existing facilities and appurtenances as shown on the plans and as necessary. For the Larimer Canal No. 2 facilities - The Contractor shall coordinate the work within the requirements described in revision of Section 211 Dewatering. Also, construct new ditch accesses and provide access during construction to meet the requirements of the ditch company. For the Fort Collins water facilities - The Contractor shall coordinate the relocation and/or abandonment of the existing water main. For the City of Fort Collins Electric - The Contractor shall coordinate the relocation of existing underground electric lines as necessary. For the Xcel Energy Gas - The Contractor shall coordinate the relocation of the existing gas line. For the Century Link Fiberoptic and Telephone - The Contractor shall coordinate the relocation of existing facilities and appurtenances as necessary. For the Comcast Cable - The Contractor shall coordinate the relocation, adjustment, and resetting of existing facilities and appurtenances as necessary. For the City of Fort Collins Parks – The Contractor shall coordinate the relocation, adjustment, resetting, or reconstruction of existing sprinkler system lines to facilitate road and bridge construction. The following utility work is anticipated and shall be performed by the Utility Company or their agents. Additional work may be necessary and all improvement shall be coordinated by the CONTRACTOR as required for completion of the project. Level 3 Fiberoptic – Relocate fiberoptic line between approximate STA 11+50 and 14+50 to facilitate the proposed roadway and bridge construction. Reset appurtenances as required. Larimer Canal No. 2 Company facilities – None. Fort Collins water facilities – Abandon or relocate existing watermain between approximate STA 11+50 and 14+50 to facilitate the proposed roadway and bridge construction. City of Fort Collins Electric – Relocate underground electric line between approximate STA 11+50 and 14+50 to facilitate the proposed roadway and bridge construction. Adjust and/or reset pullboxes, meters, and pedestals as necessary. Arthur Ditch Replacement (Laporte Avenue to Whitcomb Street) January 26, 2012 South Shields Street over Larimer Canal No. 2 Colorado Project No. BRO M455-100 Construction Subaccount No. 17905 81 -3- UTILITIES Xcel Energy –Relocate existing gas line between STA 11+50 and 14+50 to facilitate the proposed roadway and bridge construction. Century Link Telephone – Relocate telephone line between approximate STA 11+50 and 14+50 to facilitate the proposed roadway and bridge construction. Reset telephone pedestals as required. Comcast Cable - Relocate cable TV line between approximate STA 11+50 and 14+50 to facilitate the proposed roadway and bridge construction. Relocate, adjust, reset, or reconstruct lawn irrigation system between approximate STA 11+50 and 14+50 to facilitate the proposed roadway and bridge construction. General - 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 three (3) business days prior to commencing such operations. Contact the Utility Notification Center of Colorado (UNCC) to have locations of UNCC-registered lines marked by member companies. Call 1-800-922-1987 for locate requests outside the Denver Metro area. All other underground facilities shall be located by the contacting the respective company. Utility service laterals shall also be located prior to beginning excavation or grading. All costs incidental to the foregoing requirements will not be paid for separately, but shall be included in the work. STANDARD SPECIAL PROVISIONS October 27, 2011 1 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS Section 105 of the Standard Specifications is hereby revised for this project as follows: In subsection 105.22 delete the fourth, fifth, sixth, seventh, and eighth paragraphs and replace them with the following: 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 disputes and claims shall be submitted within 30 days of the date of the certified letter submitting the CDOT Form 96, Contractor Acceptance of Final Estimate, to the Contractor. Failure to submit a dispute or claim within this time period releases the State of Colorado from all disputes and claims for which notice has not already been submitted in accordance with the Contract. All disputes and claims seeking damages calculated on a Total Cost or Modified Total Cost basis will not be considered unless the party asserting such damages establishes all the legal requirements therefore. Delete subsection 105.22(a) and (b) and replace them with the following: (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 proceeding 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, 108.07(a), and 108.07(d). October 27, 2011 2 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS 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. In subsection 105.23(b) delete items 3 and 4 and replace them with the following: 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 executing the agreement. The Project Engineer will invite the Standing DRB members to the Preconstruction and any Partnering conferences. Subsection 105.23 (c) shall include the following: 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. In subsection 105.23(d) delete item 1 and replace it with the following: October 27, 2011 3 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS 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. Delete subsection 105.23(e) and replace it with the following: (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. 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 October 27, 2011 4 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS 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. In subsection 105.23(f) delete items 2 and 3 and replace them with the following: 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. In subsection 105.23(f) delete item 9 and replace it with the following: 9. 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. Subsection 105.23(i) shall include the following as the fourth paragraph: 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. In subsection105.23 (l) delete the third party agreement and replace it with the following: 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 October 27, 2011 5 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS [Project Name] 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. 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. October 27, 2011 6 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS 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) 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. October 27, 2011 7 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS BOARD MEMBER: . BY: . BOARD MEMBER: . BY: . BOARD MEMBER: . BY: . CONTRACTOR: . BY: . TITLE: COLORADO DEPARTMENT OF TRANSPORTATION BY: Date: . TITLE: CHIEF ENGINEER In subsection 105.24 (b) 12, delete A and replace with the following: 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 certified 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 dispute or claim (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 In subsection 105.24(c) delete the first sentence and replace it with the following: 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. Subsection 105.24 shall include the following: October 27, 2011 8 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS 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 $75,000, 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 $500,000, exclusive of claimed interest, arbitration fees and costs. Parties may also agree to use these procedures in cases involving claims under $500,000, 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 an 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. October 27, 2011 9 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS (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. The Arbitration Provider may take reasonable administrative action to accomplish the consolidation or joinder as directed by the arbitrator. 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 AAA 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. 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. October 27, 2011 10 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS (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. (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. October 27, 2011 11 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS (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. R-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. Exchange of Information (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) short depositions, particularly with regard to experts; 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. October 27, 2011 12 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS 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. 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 October 27, 2011 13 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS (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. (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 October 27, 2011 14 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS 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. 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. 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. R-35. Form of Award October 27, 2011 15 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS 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. R-40. Release of Documents for Judicial Proceedings October 27, 2011 16 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS 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. 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 October 27, 2011 17 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS 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 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. October 27, 2011 18 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS 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-10. 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 60 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. F-12. Arbitrator's Compensation 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 October 27, 2011 19 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS 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; (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; October 27, 2011 20 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS (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. Subsection 105.24 shall include the following: The following flow chart provides a summary of the disputes and claims process described in subsections 105.22, 105.23, and 105.24 October 27, 2011 21 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS Contractor provides written notice of dispute to Project Engineer 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) A l i f hdl d di ti if Adjustment of payment/schedule in consultation with Program Engineer - Dispute is resolved Dispute is unresolved Proj Eng/Res Eng & Supt/PM & Contractor’s rep with decision authority above the project level to meet regularly to discuss dispute PE denies merit of dispute DRB agreement PE determines dispute has DRB renders a recommendation Either party rejects DRB DRB recommendation is accepted Up to 30 days – 105.22 105.22 Project Issue – Verbal discussions between Proj. Eng. and Supt Impass 15 Days – 105.22 CDOT Project Engineer and Contractor discuss merit of dispute 15 Days – 105.22 Merit granted – Quantum negotiations 10 days – 105.23 30 days – 105.23 (g) DRB Hearing 14 days – 105.23 (i) Figure 105-1 DISPUTES AND CLAIMS FLOW CHART Contractor rejects PE’s denial. Contractor provides written notice to Contractor accepts denial. Dispute is resolved. 7 days – 105.22 7 days – 105.22 20 days – 105.23 5 Days – 105.23 (a) 7 days – 105.22 () Figure 105-1 continued on next page Prehearing Submittal 15 days – 105.23 (e) Request for Clarification and Disagree on quantum 105.23(a) Proj Eng October 27, 2011 22 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS Contractor rejects CE decision Contractor accepts CE Decision is implemented Adjustment of payment/schedule in consultation with Program Engineer - Dispute is resolved Optional Mediation Dispute is Dispute is resolved Contractor initiates Resolution is implemented Binding Arbitration or Litigation (Whichever was selected at Contract execution) Litigation Court Decision Binding Arbitration Arbitrator(s) render recommendation Appeal process only for damages Chief Engineer renders decision 45 days – 105.24 (e) Either party rejects DRB di Decision is Contractor submits certified claim package w/RTD (and Audit Unit if over Contractor rejects and appeals RTD decision to CE Contractor accepts decision 30 days – 105.24 60 days – 105.24 60 days – 105.24 105.24 Notice of intent to file a claim 30 days – 105.24 Figure 105-1 (continued) Request for RTD renders a decision 15 days 105.24 (e) 60 days 105.24 (e) 30 days – 10 24 ( ) February 3, 2011 REVISION OF SECTION 105 VIOLATION OF WORKING TIME LIMITATION Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.03 shall include the following: If there is a violation of the working time limitations for traffic control as set forth in the special provisions, a written notice to stop work will be imposed on the Contractor at the start of the next working day. Work shall not resume until the Contractor assures the Engineer, in writing, that there will not be a reoccurrence of the working time violation. If more violations take place, the Engineer will notify the Contractor in writing that there will be a price reduction charge for each incident in accordance with this specification. This incident price reduction charge will be deducted from any money due the Contractor. This price reduction will not be considered a penalty but will be a price reduction for failure to perform traffic control in compliance with the Contract. An incident is any violation up to 30 minutes in duration. Each 30 minutes or increment thereof will be considered as an incident. A price reduction will be assessed for each successive or cumulative 30 minute period in violation of the working time limitations, as determined by the Engineer. The price reduction for each incident will increase at a progressive rate starting with $150 for the second incident and increasing to $1200 for the fifth and subsequent incidents in accordance with the following schedule. A 15 minute grace period will be allowed at the beginning of the second incident on the project before the price reduction is applied. This 15 minute grace period applies only to the second incident. The number of incident charges will be accumulative throughout the duration of the Contract. Price Reduction Schedule Incident Incident Rate Total Price Reduction 1st Notice to Stop Work ---- 2nd $150 $150 3rd 300 450 4th 600 1,050 5th 1,200 2,250 6th 1,200 3,450 Etc. 1,200 4,650 Etc. Etc. February 3, 2011 1 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) 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, gradation, 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 Section 106 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 Section 106. Additional samples may be selected and tested as set forth in Section 106 at the Engineer's discretion. A process will consist of either a single 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 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. A change in process is defined as a change that affects the element involved. For any element, with the exception of the process for joint density element, a process normally will include all produced materials associated with that element prior to a change in the job mix formula (Form 43). For joint density, a new process will be established for each new layer of pavement or for changes in joint construction. 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 an 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 pay factor will be calculated 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 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 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. (a) 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 February 3, 2011 2 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) If the test result is above the maximum specified limit, then PF = 1.00 – [0.25(TO - TU)/V] 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. The calculated PF will be used to determine the I/DP for the process. (b) 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. (c) Gradation Element. Each specified sieve, with the exception of 100 percent passing sieves, will be evaluated for QL separately. The lowest calculated QL for a sieve will be designated as the QL for gradation element for the process. (d) Joint Density Element. Joint Density will be tested according to subsection 401.17. (e) Process Pay Factor. Using the calculated QL for the process, compute 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) (PF2 + PF3) (PF1 + PF2) (Pn2 – PnX) (1) PF = ------------------ + [ ------------------ - --------------------] x ------------------ 2 2 2 (Pn2 – Pn3) Where, when referring to Table 105-3: PF1= PF determined at the next lowest Pn formula using process QL PF2= 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. February 3, 2011 3 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) As test results become available, they will be used to calculate accumulated 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. (f) 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 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 will not be greater than 0.75. When condition red, as described in Section 106, exists for any element, resolution and correction will be in accordance with Section 106. Material, which 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 6 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 6 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 in writing. The process will be approved by the Engineer before commencing the corrective work. Table 105-2 “W” AND “V” FACTORS FOR VARIOUS ELEMENTS Hot Mix Asphalt Element V Factor W Factor 2.36 mm (No. 8) mesh and larger sieves 2.80 N/A 600 μm (No. 30) mesh sieve 1.80 N/A 75 μm (No. 200) mesh sieve 0.80 N/A Gradation N/A 15 Asphalt Content 0.20 25 In-place Density 1.10 45 Joint Density 1.60 15 February 3, 2011 4 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) 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 (g) 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 = Tons of Asphalt Mix UPHMA = Unit Bid Price of Asphalt Mix TonAC = Tons of Asphalt Cement UPAC = Unit Bid Price of Asphalt Cement For the joint density element: February 3, 2011 5 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) UP = UPHMA 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 BUPAC = Unit Bid Price of Asphalt Cement (h) Element I/DP. The I/DP for an element shall be computed by accumulating the process I/DP’s for that element. (i) I/DP for a Mix Design. The I/DP for a mix design shall be computed by accumulating the individual I/DP’s for the asphalt content, in-place density, and gradation 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. (j) 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 hot mix asphalt, Item 403, except Hot Mix Asphalt (Patching) and temporary pavement shall be tested in accordance with the following program of process control testing and acceptance testing: The Contract will specify whether process control testing by the Contractor is mandatory or voluntary. (a) Process Control Testing. 1. Mandatory Process Control. When process control testing is mandatory the Contractor shall be responsible for process control testing on all elements and at the frequency listed in Table 106-1. Process control testing shall be performed at the expense of the Contractor. After completion of compaction, in-place density tests for process control shall be taken at the frequency shown in Table 106-1. The results shall be reported in writing to the Engineer on a daily basis. Daily plots of the test results with tonnage represented shall be made on a chart convenient for viewing by the Engineer. All of the testing equipment used for in-place density testing shall conform to the requirements of acceptance testing standards, except nuclear testing devices need not be calibrated on the Department’s calibration blocks. For elements other than in-place density, results from quality control tests need not be plotted, or routinely reported to the Engineer. This does not relieve the Contractor from the responsibility of performing such testing along with appropriate plant monitoring as necessary to assure that produced material conforms to the applicable specifications. Quality control test data shall be made available to the Engineer upon request. 2. Voluntary Process Control. The Contractor may conduct process control testing. Process control testing is not required, but is recommended on the elements and at the frequency listed in Table 106-1. All of the testing equipment used for in-place density testing shall conform to the requirements of February 3, 2011 6 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) acceptance testing standards, except nuclear testing devices need not be calibrated on the Department’s calibration blocks. (b) Acceptance Testing. Acceptance testing is the responsibility of the Department. For acceptance testing the Department will determine the locations where samples or measurements are to be taken and as designated in Section 403. The maximum quantity of material represented by each test result, the elements, the frequency of testing 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 the stratified random procedure as described in CP 75. 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 the each sample which cannot be included as part of the Contractor’s process control testing. All materials being used are subject to inspection and testing at any time prior to or during incorporation into the work. Table 106-1 SCHEDULE FOR MINIMUM SAMPLING AND TESTING Element Process Control Acceptance Asphalt Content 1/500 tons 1/1000 tons Theoretical Maximum Specific Gravity 1.1000 tons, minimum 1/day 1/1000 tons, minimum 1/day Gradation 1/Day 1/2000 tons In-Place Density 1/500 tons 1/500 tons Joint Density 1 core/2500 linear feet of joint 1 core /5000 linear feet of joint Aggregate Percent Moisture (3) 1/2000 tons or 1/Day if less than 2000 tons 1/2000 tons Percent Lime (3) (4) 1/Day Not applicable Notes: 1. The minimum number of in-place density tests for acceptance will be 5. 2. Process control tests for gradation are not required if less than 250 tons are placed in a day. The minimum number of process control tests for gradation shall be one test for each 1000 tons or fraction thereof. 3. Not to be used for incentive/disincentive pay. Test according to CP 60B and report results from Form 106 or Form 565 on Form 6. 4. Verified per Contractor’s QC Plan. February 3, 2011 7 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) (c) 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: 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. If gradation is the element with MQL less than 65, the Department will test one randomly selected sample in the first 1250 tons produced in condition red. If this test result is outside the tolerance limits, production will be suspended. (This test result will not be included as an acceptance test.) 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. If gradation is the element with MQL less than 65, the Department will test one randomly selected sample in the first 1250 tons produced in condition red. If this test result is outside the tolerance limits, production will be suspended. 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. 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. February 3, 2011 1 REVISION OF SECTIONS 107 and 208 WATER QUALITY CONTROL UNDER ONE ACRE OF DISTURBANCE Sections 107, 208, are hereby revised for this project as follows: In subsection 107.25(b)6 delete the second paragraph and replace it with the following: The Contractor shall record the location of potential pollutants on the plans. Descriptions of the potential pollutants shall be submitted to and approved by the Engineer. In subsection 208.03 delete the first paragraph and replace it with the following: Prior to construction the Contractor shall implement BMPs in accordance with the approved project schedule as described in subsection in 208.03(b). In subsection 208.03 delete the third, fourth, and fifth paragraphs and replace them with the following: The Contractor 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 Contractor 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 plans. When additional BMPs are required and approved by the Engineer, the Contractor shall implement the additional BMPs and shall record and describe them on the plans. The approved BMPs will be measured and paid for in accordance with subsections 208.11 and 208.12. Delete subsections 208.03(c) and (d) and replace them with the following: (c) Implementation, Maintenance and Revision of the SWMP. The Contractor's responsibilities shall be as follows: (1) Install, construct, and maintain all BMPs specified in the Contract and coordinate the construction of BMPs with all other construction operations. (2) Implement suitable temporary erosion and sediment control features as necessary to correct unforeseen conditions or emergency situations. Dismantle those features when their purpose has been fulfilled unless the Engineer directs that the features be left in place. (3) Implement necessary actions to reduce anticipated or presently existing water quality or erosion problems resulting from construction activities. (4) Make available, all labor, material, and equipment needed to install, maintain, and remove BMPs. (5) When included in the Contract, the Contractor shall assign to the project an individual to serve in the capacity of Erosion Control Supervisor (ECS). The ECS may be the Superintendent. The ECS shall be experienced in all aspects of construction and have satisfactorily completed an ECS training program authorized by the Department. Proof that this requirement has been met shall be submitted to the Engineer prior to or at the preconstruction conference. A list of authorized ECS training programs will be provided by the Engineer upon request by the Contractor. The ECS shall be the person responsible for ensuring that the responsibilities listed in (1) through (4) above are fulfilled (d) Documentation Available on the Project. The following Contract documents and references will be made available for reference in one location on the project during construction. 1. Project Documents. The following documents shall be kept, maintained, and updated in a single notebook: (1) SWMP Sheets (2) SWMP site map, if applicable to the project. (3) Details of BMPs used on the project not covered in Standard Plan M-208-1. (4) List of potential pollutants as described in subsection 107.25. (5) SPCC and reports of reportable spills submitted to CDPHE. (6) Form 105s and all other correspondence relating to water quality. (7) Project environmental permits and associated applications and certifications. February 3, 2011 2 REVISION OF SECTIONS 107 and 208 WATER QUALITY CONTROL UNDER ONE ACRE OF DISTURBANCE 2. Reference Materials (1) CDOT Erosion Control and Stormwater Quality Guide. (2) CDOT Erosion Control and Stormwater Quality Field Guide. (3) Copy of biological opinion, if applicable. In subsection 208.04 delete the first and second paragraphs and replace them with the following: The Contractor shall modify the SWMP to clearly describe and locate all BMPs implemented at the site to control potential sediment discharges from vehicle tracking. Vehicle tracking pads shall be used at all vehicle and equipment access points to the site to prevent sediment exiting the project site onto paved public roads. Access shall be provided only at locations approved by the Engineer. Delete subsection 208.04(e) and replace it with the following: (e) Stabilization. Once earthwork has begun on a section, it shall be pursued until completion. Clearing and grubbing operations shall be scheduled and performed so that grading operations and final stabilization measures can follow immediately thereafter if the project conditions permit. Otherwise temporary stabilization measures shall be taken between successive construction stages. Additional work required because the Contractor has failed to properly coordinate the entire erosion control schedule, thus causing previously seeded areas to be disturbed by operations that could have been performed prior to the seeding shall be performed at the Contractor's expense. In subsection 208.06 delete the first paragraph and replace it with the following: The Contractor 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 spill contingency plans in place as specified in subsections 107.25(b)6 or 208.06(c). In subsection 208.07 delete the second paragraph and replace it with the following: 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. In subsection 208.08, delete the first paragraph and replace it with the following: 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 conditions. Off road staging areas must be pre-approved by the Engineer, unless otherwise designated in the Contract. 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 Contractor shall tabulate additional disturbances not identified in the SWMP and indicate locations and quantities on the SWMP and report to the Engineer. In subsection 208.09, second paragraph, delete the list and replace it with 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 implement necessary actions required by the Engineer as required by subsection 208.03(c). (3) Failure to amend SWMP and implement BMPs as required by subsection 208.04. (4) Failure to keep documentation and records current. (5) 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). February 3, 2011 3 REVISION OF SECTIONS 107 and 208 WATER QUALITY CONTROL UNDER ONE ACRE OF DISTURBANCE (6) Failure to stabilize disturbed areas as required by subsections 208.04(e) and 208.08. (7) Failure to replace or perform maintenance on an erosion control feature after notice from the Engineer to replace or perform maintenance as required by subsection 208.04(f). (8) Failure to remove and dispose of sediment from BMPs as required. (9) Failure to install and properly utilize a concrete washout structure for containing washout from concrete placement operations. (10) Failure to perform permanent stabilization as required by subsection 208.04 (e). In subsection 208.09 delete the third paragraph and replace it with the following: The Engineer will immediately notify the Contractor in writing of each incident of failure to perform erosion control in accordance with the Specifications, including, but not limited to items (1) through (10) above. Correction shall be made as soon as possible but no later than 48 hrs from the date of notification to correct the failure. The Contractor will be charged liquidated damages in the amount of $875 for each calendar day after the 48 hour period has expired, that one or more of the incidents of failure to perform items (1) through (10) above, remains uncorrected. In subsection 208.09 delete the eighth and ninth paragraphs and replace them with the following: Disagreements regarding the suggested corrective action for a BMP compliance issue between the Project Engineer and Superintendent, shall be discussed with the Resident Engineer and Region Water Pollution Control Manager. If after meeting the Contractor is still in disagreement and feels 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 105.21. If the Contractor’s corrective action plan and schedule are not submitted and approved within 48 hours of the Stop Work Order or the corrective action plan is not implemented by the Contractor, the Engineer will have an on-site meeting with the Superintendent 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 Contract 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 105.16. Delays due to these Stop Work Orders shall be considered nonexcusable. The Stop work Order shall be in place until the project is in Contract compliance. Delete subsection 208.10 and replace it with the following: 208.10 Items to Be Accomplished Prior to Final Acceptance. (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. The Contractor shall survey Permanent Water Quality BMPs (Permanent BMPs) on the project after they are constructed and confirm they are at final configuration and grade. The Engineer will identify which Permanent BMPs shall be surveyed prior to the final walk through. The survey shall be performed in accordance with Section 625. (c) Removal of Temporary BMPs. Temporary BMPs subject to removal shall be determined by the Engineer at a final walk through of the project and shall be removed by the Contractor. If any BMPs are left in place, the Region’s Water Pollution Control Manager shall be notified of the BMP locations. August 19, 2011 REVISION OF SECTION 108 CRITICAL PATH METHOD Section 108 of the Standard Specifications is hereby revised for this project as follows: 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. December 29, 2011 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 ($) From More Than To And Including Liquidated Damages per Calendar Day ($) 0 250,000 500 250,000 500,000 900 500,000 1,000,000 1,300 1,000,000 2,000,000 1,800 2,000,000 4,000,000 3,000 4,000,000 10,000,000 4,100 10,000,000 --------------- 4,100 plus 300 Per Each Additional 1,000,000 Contract Amount or Part Thereof Over 10,000,000 September 29, 2011 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 in subsection 109.06(i) 2.D below. The index will be the average for the month of the daily postings of the spot price per barrel of Western Canadian Select (WCS) as published on http://www.cenovus.com/operations/doing-business-with-us/marketing/crude-oil-pricing.html. The index from this source will be converted to US Dollars using the currency converter at http://finance.yahoo.com/currency; the posted price of Canadian Dollars per cubic meter of WCS on Cenovus.com will be converted to US Dollars per cubic meter. A conversion factor of 0.89 cubic meter per Ton will be used to convert the posted price from cubic meter to tons. The converted 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.dot.state.co.us/DesignSupport/Construction/Fuel%20Cost%20Adjustments/Cenovus/Daily_Pri ces/Daily_Asphalt_Cement_Cost_Adjustment_Index.htm 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) September 29, 2011 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 20th of the month a February estimate will include HMA quantities measured from the 21st of January through the 20th of February, and the EP index used to calculate ACCA will be the average of the daily postings for 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) Square Yard 0.006 Gal/SY/Inch depth 203-Excavation (muck, unclassified) Embankment, Borrow Cubic Yard 0.29 Gal/CY 203-Rock Excavation Cubic Yard 0.39 Gal/CY 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)] Cubic Yard 0.29 Gal/CY 304-Aggregate Base Course (Class___) Cubic Yard 0.85 Gal/CY 304-Aggregate Base Course (Class___) Ton 0.47 Gal./Ton 307-Processing Lime Treated Subgrade Square Yard 0.12 Gal/SY 310-Full Depth Reclamation Square Yard 0.06 Gal/SY 403-Hot Mix Asphalt (HMA) (Grading __) * Ton 2.47 Gal/Ton 403-Stone Matrix Asphalt (Grading __) Ton 2.47 Gal/Ton 405-Heating and Scarifying Treatment Square Yard 0.44 Gal/SY 405-Heating and Repaving Treatment Square Yard 0.44 Gal/SY 405-Heating and Remixing Treatment Square Yard 0.44 Gal/SY 406-Cold Bituminous Pavement (Recycle) Square Yard 0.01 Gal/SY/Inch depth 412- Concrete Pavement (___Inch) Square Yard 0.03 Gal/SY/Inch thickness 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 (Q) 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 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 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 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 years 4 inch to 6 inch 2 years 8 inch to 10 inch 1 year July 29, 2011 REVISION OF SECTIONS 206 AND 601 BACKFILLING STRUCTURES THAT SUPPORT LATERAL EARTH PRESSURES 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). 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. February 3, 2011 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 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. February 3, 2011 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 a minimum 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 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 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 AASHTO M 182 Liquid Membrane-Forming Compounds for Curing Concrete ASTM C 309 Sheet Materials for Curing Concrete AASHTO M 171* *Only the performance requirements of AASHTO M171 shall apply. 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. December 29, 2011 1 REVISION OF SECTION 601 CLASS H AND HT BRIDGE DECK CONCRETE Section 601 of the Standard Specifications is hereby revised for this project as follows: In subsection 601.02 delete Class H and HT from Table 601-1 and replace with the following: H 4500 at 56 days 500 to 640 5 – 8 0.42 – 0.44 HT 4500 at 56 days 500 to 640 5 – 8 0.42 – 0.44 In subsection 601.02 delete Class H and HT and replace with the following: Class H concrete is used for bare concrete bridge decks. Additional requirements are: (1) Type A or dual rated Type A and F chemical admixtures may be used. (2) Set retarding and accelerating admixtures shall not be used. These include Type B, C, D, E, and G chemical admixtures. (3) The concrete mix shall consist of a minimum of 55 percent sizes No. 57, No. 6, or No. 67 coarse aggregate by weight of total aggregate. (4) The permeability of the laboratory trial mix shall not exceed 2000 coulombs at 56 days when tested by ASTM C 1202 (5) The cracking tendency of the laboratory trial mix shall not exhibit a crack before 15 days when tested by AASHTO T334. (6) Class H concrete shall contain a minimum of 20 percent pozzolan by weight of total cementitious material. (7) The sulfate exposure is Class 0 except when substituted for Class B or D concrete. Class HT concrete is used for deck resurfacing and repairs on bare concrete bridge decks. Additional requirements are: (1) Type A or dual rated Type A and F chemical admixtures may be used. (2) Set retarding and accelerating admixtures shall not be used. These include Type B, C, D, E, and G chemical admixtures. (3) The concrete mix shall consist of a minimum of 50 percent size No. 7 or No. 8 coarse aggregate by weight of total aggregate. (4) The permeability of the laboratory trial mix shall not exceed 2000 coulombs at 56 days when tested by ASTM C 1202 (5) The cracking tendency of the laboratory trial mix shall not exhibit a crack before 15 days when tested by AASHTO T334. (6) Class HT concrete shall contain a minimum of 20 percent pozzolan by weight of total cementitious material. (7) The sulfate exposure is Class 0 In subsection 601.05 delete the fifth paragraph and replace with the following: Except for class BZ concrete, the maximum slump of the delivered concrete shall be the slump of the approved concrete mix design plus 1½ inch. Except for Class H and HT concrete, the laboratory trial mix shall 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, an air entraining admixture may be added to an approved Class BZ mix design. A new trial mix will not be required. December 29, 2011 2 REVISION OF SECTION 601 CLASS H AND HT BRIDGE DECK CONCRETE In subsection 601.07 delete the second paragraph and (a) and replace with the following: For Class H and HT concrete, adding water after the initial mixing shall not occur. All water shall be added at the plant. Slump adjustment shall be through the addition of an approved Type A or dual rated Type A and F water reducing admixture. Silica fume, when used, shall be added to the mix during initial batching. (a) Mixing General. The concrete shall be deposited in place within 90 minutes after batching when concrete is delivered in truck mixers or agitating trucks, and within 60 minutes when delivered in non agitating trucks. Except for Class H and HT concrete, the 90 minute time limit for mixer or agitating trucks may be extended to 120 minutes if: (1) No water is added after 90 minutes. (2) The concrete temperature prior to placement is less than 90 °F Except for Class H and HT concrete, the 90 minute time limit for mixer or agitating trucks may be extended to 180 minutes if: (1) No water is added after 90 minutes. (2) The concrete temperature prior to placement is less than 90 °F. (3) The approved concrete mix contains a Type D water reducing and retarding chemical admixture. In subsection 601.15 delete (b) and (c) and replace with the following: (b) Test Slab. At least fourteen working days prior to initial placement of Class H, Class HT or Class S50 concrete on or in a deck, the Contractor shall place, finish and cure a test slab according to the project specifications, using the same personnel, methods and equipment (including the concrete pump, if used) that will be used on the bridge deck. The test slab shall be the same width as the bridge deck. When the bridge deck width is greater than 40 feet, the Contractor may reduce the test slab width to a minimum of 40 feet. The test slab shall have a length of at least 30 feet and shall have a thickness a minimum of the bridge deck thickness. Placement of Class H, HT or S50 Concrete in the deck shall not occur until approval is given by the Engineer. Approval to place concrete on the deck will be based on satisfactory placement, consolidation, finishing and curing of the test slab and cores, and will be given or denied within two working days of receiving the cores from the Contractor. A minimum of one day after construction of the test slab, the Contractor shall core four full-depth 4 inch diameter cores, one from each quadrant of the test slab, and submit them to the Engineer for visual inspection of degree of consolidation. . If an additional test slab is deemed necessary by the Engineer, it will be placed at the Contractor’s expense. Additional test slabs shall be placed as necessary to verify changes in design or procedures at the Contractor’s expense. Test slabs that are placed as acceptable work in segments of concrete pavement, or as approach slabs, or other locations acceptable to the Engineer, will be paid for as the pay item for that element of the Contract. (c) Placing. Concrete shall be placed in accordance with the requirements of subsection 601.12 except for the following: Concrete shall be placed in such manner as to require as little handling as possible and at sufficient depth to provide adequate material for screeding and finishing operations. The concrete shall be discharged as near its final location as practicable. The pattern of placement shall be such that lateral flow will be minimized. Concrete shall be placed against the leading edge of fresh concrete where practicable. December 29, 2011 3 REVISION OF SECTION 601 CLASS H AND HT BRIDGE DECK CONCRETE For Class H, HT and S50 Concrete maintain environmental conditions on the entire bridge deck so the evaporation rate is less than 0.2 pounds per square foot per hour. The temperature of Class H, HT and S50 Concrete immediately before placement shall be a minimum of 55°F and a maximum of 70°F. This may require placing the deck at night, in the early morning or on another day. The evaporation rate (as determined in the American Concrete Institute Manual of Concrete Practice 305R, Chapter 2) is a function of air temperature, concrete temperature, wind speed and relative humidity. The effects of any fogging required by the Engineer will not be considered in the estimation of the evaporation rate. Just prior to and at least once every hour during placement of the Class H, HT and S50 Concrete and until the water cure method is applied, the Contractor will measure, record and report to the Engineer the air temperature, concrete temperature, wind speed, and relative humidity on the bridge deck. The Contractor will take and report to the Engineer the air temperature, wind, and relative humidity measurements approximately 12 inches above the surface of the deck. With this information, the Engineer will determine the evaporation rate. When the evaporation rate is equal to or above 0.2 pounds per square foot per hour, take actions (such as cooling the concrete, installing wind breaks, sun screens, etc.) to create and maintain an evaporation rate less than 0.2 pounds per square foot per hour on the entire bridge deck. Fogging using hand-held equipment may be required by the Engineer during unanticipated delays in the placing, finishing or curing operations. If fogging is required by the Engineer, the Contractor shall not allow water to drip, flow or puddle on the concrete surface during fogging, placement of absorptive material, or at any time before the concrete has achieved final set. Longitudinal joints for a Class HT concrete overlay will be allowed only at the locations of lane lines and must be approved by the Engineer. If placing Class H, HT and S50 Concrete is delayed and the concrete has taken its initial set, stop the placement, saw the nearest construction joint approved by the Engineer, and remove all concrete beyond the construction joint. Transverse joints may be utilized when the Engineer determines that the work is not progressing in a satisfactory manner, or when required by change in weather conditions. The Engineer may approve transverse joint locations to accommodate phased overlay construction. Delete subsection 601.16 and replace with the following: 601.16 Curing Concrete Bridge Decks. Except for Class H and HT concrete, the minimum curing period shall be 120 hours. For Class H and HT concrete the minimum curing period shall be 168 hours. The concrete surface shall be kept moist at all times by fogging with an approved atomizing nozzle or applying a monomolecular film coating to retard evaporation until the curing material is in place. Except for when Class H & HT Concrete is used; Concrete bridge decks, including bridge curbs and bridge sidewalks shall be cured as follows: (a) Decks placed from May 1 to September 30 shall be cured by the membrane forming curing compound method followed by the water cure method as follows: 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. The curing compound shall be applied as a fine spray using power operated spraying equipment. The power operated spraying equipment shall be equipped with an operational pressure gage and a means of controlling the pressure. Before and during application the curing compound shall be kept thoroughly mixed by recirculation or a tank agitator. The application shall be within 20 feet of the deck finishing operation. When the finishing operation is discontinued, all finished concrete shall be coated with curing compound within ½ hour. The curing compound shall be thoroughly mixed within one hour before use. (b) December 29, 2011 4 REVISION OF SECTION 601 CLASS H AND HT BRIDGE DECK CONCRETE 1. Water Cure Method. The water cure method shall be applied as soon as it can be without marring the surface. The surface of the concrete, including bridge curbs and bridge sidewalks, shall be entirely covered with wet burlap and polyethylene sheeting. Prior to being placed, the burlap shall be thoroughly saturated with water. The wet burlap and polyethylene sheeting shall extend at least twice the thickness of the bridge deck beyond the edges of the slab and shall be weighted to remain in contact with the surface. The wet burlap and polyethylene sheeting shall remain in contact and be kept wet for the entire curing period. (c) Decks placed between November 1 and March 31 shall be cured by application of a membrane forming curing compound followed by the blanket method as follows: 1. Membrane Forming Curing Compound Method. This method shall be applied in accordance with subsection 601.16(a)1 above. 2. Blanket Method. Curing blankets with a minimum R-Value of 0.5 shall be placed on the deck as soon as they can be without marring the surface. Blankets shall be loosely laid (not stretched) and adjacent edges suitably overlapped with continuous weights along the lapped joints. The blankets shall remain in place for a minimum of five days after placement. (d) Decks placed in April or October may be cured in accordance with either subsection 601.16(a) or 601.16(b) above. (e) For decks above an elevation of 8,000 feet above mean sea level, the Engineer may modify the time of year requirements for the cure methods defined in subsection 601.16(a) and 601.16(b) above. (f) Class H, Class HT and Class S50 concrete shall be cured as follows: Water Cure Method. The water cure method shall be applied as soon as it can be without marring the surface. The surface of the concrete, including bridge curbs and bridge sidewalks, shall be entirely covered with wet burlap and polyethylene sheeting. Prior to being placed, the burlap shall be thoroughly saturated with water. The wet burlap and polyethelene sheeting shall extend at least twice the thickness of the bridge deck beyond the edges of the slab and shall be weighted to remain in contact with the surface. The wet burlap and polyethylene sheeting shall remain in contact and be kept wet for the entire curing period (g) When the ambient temperature is expected to fall below 40 °F during the curing period, the Contractor shall maintain the internal concrete temperature above 50 °F during the curing period. The Contractor shall provide suitable measures such as straw, additional burlap, or other suitable blanketing materials, and/or housing and artificial heat to maintain the concrete temperatures between 50ºF and 75ºF as measured on the upper and lower surfaces of the concrete. Enclose the area underneath the deck and heat so that the temperature of the surrounding air is as close as possible to the temperature of the concrete and between 50ºF and 75ºF. When artificial heating is used to maintain the concrete, provide adequate ventilation to limit exposure to carbon dioxide. Maintain wet burlap and polyethylene cover during the curing period. Heating may be stopped after the first 72 hours if the time of curing is lengthened to account for periods when the ambient air temperature is below 40ºF. For every day the ambient air temperature is below 40ºF, an additional day of curing with a minimum ambient air temperature of 50ºF will be required. After completion of the required curing period, remove the curing and protection so that the temperature of the concrete during the first 24 hours does not fall more than 25°F. Internal concrete temperature shall be determined by using thermocouples. Thermocouple wire, connectors, and hand held thermometer will be supplied by the Contractor. The Contractor shall install the thermocouples at locations designated by the Engineer. During the curing period, the Contractor shall monitor the enclosure at intervals acceptable to the Engineer. The Contractor shall monitor concrete temperature, and the structural integrity of the enclosure. Artificial heat sources shall not be placed in such a manner as to endanger formwork or expose any area of concrete to drying due to excessive temperatures. If the internal concrete temperature at any location in the bridge deck concrete falls below 32 °F during the first 24 hours of the curing period, the Engineer may direct the Contractor to core the areas in question at the December 29, 2011 5 REVISION OF SECTION 601 CLASS H AND HT BRIDGE DECK CONCRETE locations indicated by the Engineer. The Engineer will take immediate possession of the cores. The Engineer will submit the cores to a petrographer for examination in accordance with ASTM C 856. Concrete damaged by frost, as determined by the petrographer, shall be removed and replaced at the Contractor's expense. All costs associated with coring, transmittal of cores, and petrographic examination shall be borne by the Contractor regardless of the outcome of the petrographic examination. 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 601of 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. July 28, 2011 24 REVISION OF SECTION 601 CONCRETE FORM AND FALSEWORK REMOVAL Section 601 of the Standard Specifications is hereby revised for this project as follows: 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 fc′ for CBCs with spans up to and including 12 feet, and 0.67 fc′ 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 using information concrete cylinders or by maturity meters. At the pre-pour conference, the Contractor shall submit the method of determining the structure’s strength and the location where information cylinders will be taken or maturity meters placed. If information cylinders are used they shall be cast by the Contractor and cured in the same manner as the structure. A set of information cylinders shall be taken for each concrete placement on the structure. A set of information cylinders shall be taken for any load of concrete that is being placed at the mid-span of beams and at support locations and other locations as directed by the Engineer. Casting of the information cylinders will be witnessed by the Engineer. The information cylinders shall remain in the molds and cured in the same manner as the structure until they are tested in the laboratory by the Engineer. Compressive strength shall be determined using the compressive strength of at least two information cylinders. The contractor shall be responsible for protecting the information cylinders from damage. Prior to placement of concrete whose strength will be determined with maturity meters, the Contractor shall provide the Engineer a report of maturity relationships in accordance with CP 69. 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 sets of information cylinders or 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 information cylinder tests or maturity meter, 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. July 28, 2011 2 REVISION OF SECTION 601 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 0.80f’c. 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 0.80f’c. 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 0.80f’c. 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 0.80f’c. 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 using information concrete cylinders or by maturity meters. At the pre-pour conference, the Contractor shall submit the method of determining the structure’s strength and the location that information cylinders will be taken or maturity meters placed. If information cylinders are used they shall be cast by the Contractor and cured in the same manner as the structure. A set of information cylinders shall be taken for each concrete placement on the structure. A set of information cylinders shall be taken for any load of concrete that is being placed at the mid-span of beams and at support locations and other locations as directed by the Engineer. Casting of the information cylinders will be witnessed by the Engineer. The information cylinders shall remain in the molds and cured in the same manner as the structure until they are tested in the laboratory by the Engineer. Compressive strength shall be determined using the compressive strength of at least two information cylinders. The Contractor shall be responsible for protecting the information cylinders from damage. Prior to placement of concrete whose strength will be determined with maturity meters, the Contractor shall provide the Engineer a report of maturity relationships in accordance with CP 69. 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 sets of information cylinders or 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. July 29, 2011 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, an air entraining admixture may be added to an approved Class BZ mix design. A new trial mix will not be required. Delete Subsection 601.17 (b), 601.17 (d) and Table 601-3 and replace with the following: (a) 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 w/cm 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 Strength Deviations From Specified Air (Percent) Pay Factor (Percent) Below Specified Strength (psi) [ < 4500 psi Concrete] Pay Factor (Percent) Below Specified Strength (psi) [ ≥ 4500 psi 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 February 3, 2011 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows: Subsection 630.10 shall include the following after the first paragraph: The Contractor’s Superintendent and all others serving in a similar supervisory capacity shall have completed a CDOT-approved two-day Traffic Control Supervisor training as offered by the CCA. The one-day ATSSA Traffic Control Technician (TCT) training along with the two-day ATSSA Traffic Control Supervisor training will serve as an alternate. If the alternate is chosen, the Contractor shall provide written evidence that at least an 80 percent score was achieved in both of the two training classes. The certifications of completion or certifications of achievement for all appropriate staff shall be submitted to the Engineer at the preconstruction conference. February 3, 2011 REVISION OF SECTION 630 RETROREFLECTIVE SIGN SHEETING (WITH TYPE VI 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 Type Fluorescent. Table 630-1 Retroreflective Sheeting Types Sheeting Type IV♦ Type VI (Roll-up sign material) Type Fluorescent1 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 X4 X Barricades (Temporary) X Vertical Panels X Flaggers Stop/Slow Paddle X X Drums2 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. ♦ New signs and devices shall be manufactured with Type IV sheeting. Existing signs and devices manufactured with Type III sheeting may be used on projects advertised prior to January 1, 2014. Signs and devices used on projects advertised on or after January 1, 2014 shall be manufactured with Type IV sheeting. February 3, 2011 REVISION OF SECTION 630 RETROREFLECTIVE SIGN SHEETING Section 630 of the Standard Specifications is hereby revised for this project as follows: In subsection 630.06, first paragraph, delete the fifth sentence and replace with the following: Retroreflective sheeting on new devices shall be Type IV. Existing devices manufactured with Type III sheeting may be used on projects advertised prior to January 1, 2014. Devices used on projects advertised on or after January 1, 2014 shall be manufactured with Type IV sheeting. February 3, 2011 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 Table 712-2 and replace with the following Table 712-2 TYPICAL VALUES OF PERMEABILITY COEFFICIENTS1 Particle Size Range Millimeters (inches) Effectiv e Turbulent Flow Size D max D min D 20 mm (inches) Permeability Coefficient k cm/s 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) 10 (¼) 13 (½) 10 Fine, uniform GRAVEL 8 (⅜) 1.5 (1/16) 3 (⅛) 5 Very coarse, clean, uniform SAND 3 (⅛) 0.8 (1/32) 1.5 (1/16) 3 Laminar Flow Uniform, coarse SAND 2 (⅛) 0.5 (1/64) 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 10-4 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 μm 50%) 0.01 10 40 10-9 1 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. February 3, 2011 1 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 2080 Denver-Boulder Adams, Arapahoe, Boulder, Denver, Douglas, Gilpin, Jefferson................... 13.8% 2670 Fort Collins Larimer................................................ 6.9% 3060 Greeley Weld.................................................... 13.1% 157 (Denver) Non SMSA Counties Cheyenne, Clear Creek, Elbert, Grand, Kit Carson, Logan, Morgan, Park, Phillips, Sedgwick, Summit, Washington & Yuma............................ 12.8% 1720 Colorado Springs El Paso, Teller..................................... 10.9% 6560 Pueblo Pueblo................................................. 27.5% 158 (Colo. Spgs. - Pueblo) 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 FOR FEMALE UTILIZATION Until Further Notice......................................................................................................................6.9% -- Statewide February 3, 2011 2 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 3 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 4 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. l. 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. February 3, 2011 1 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS (a) Definitions and Procedures For this project, the following terms are defined: 1. Disadvantaged Business Enterprise (DBE). A small business concern that is certified as being: A. At least 51 percent owned by one or more socially and economically disadvantaged individuals or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and B. Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. C. Socially and economically disadvantaged individual means any individual who is a citizen (or lawfully admitted permanent resident) of the United States and who is: (1) Any individual whom the Colorado Department of Transportation Office of Certification or the City and County of Denver Division of Small Business Opportunity (DSBO) finds to be a socially and economically disadvantaged individual. (2) Any individual in the following groups, members of which are rebuttably presumed to be socially and economically disadvantaged: a. "Black Americans,” which includes persons having origins in any of the Black racial groups of Africa; b. "Hispanic Americans," which includes persons of Mexican, Puerto Rican, Cuban, Dominican, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; c. "Native Americans," which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; d. "Asian-Pacific Americans," which includes persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), the Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga, Kirbati, Juvalu, Nauru, Federated States of Micronesia, or Hong Kong; e. ”Subcontinent Asian Americans," which includes persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka; f. ”Women”, which means females of any ethnicity; g. “Other,” which means any additional groups whose members are designated as socially and economically disadvantaged by the Small Business Administration (SBA), at such time as the SBA designation becomes effective and/or individuals who have been determined to be socially and economically disadvantaged based on the criteria for social and economic disadvantage. 2. Underutilized DBE (UDBE). A firm which meets the definition of DBE above and is eligible to meet the contract goal as defined in the project special provision titled “Contract Goal.” February 3, 2011 2 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS 3. DBE Joint Venture. Joint venture means an association of a DBE firm and one or more other firms to carry out a single, for-profit business enterprise, for which the parties combine their property, capital, efforts, skills and knowledge, and in which the DBE is responsible for a distinct, clearly defined portion of the work of the contract and whose share in the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its ownership interest. A DBE joint venture must be certified as a joint venture by the Business Programs Office at CDOT. A. For those projects set-aside for bidding by UDBEs only; all of the partners in a joint venture must be UDBEs and certification of the joint venture will not be required. B. For all projects other than the set-aside projects discussed in A. above; one of the partners in a joint venture must be a DBE. The DBE percentage of the joint venture will be determined at the time of certification. 4. Contract Goal. The goal for UDBE participation that the Department determines should appropriately be met by the successful bidder. Contract goal will be the percentage stated in the invitation for bids and in the project special provisions. Successful bidders that are awarded a Contract based on good faith efforts shall continue to make good faith efforts through the period of time that work on the project is in process, to provide for additional UDBE participation toward meeting the goal. 5. Good Faith Efforts. It is the obligation of the bidder to make good faith efforts to meet the contract goal prior to the bid opening. The bidder can demonstrate that it has done so either by meeting the contract goal or by documenting good faith efforts made. CDOT will evaluate only the good faith efforts made by the bidder prior to the bid opening. Any UDBE Participation submitted on Form 715 that exceeds the participation submitted on Form 714 will be accepted as additional UDBE participation, but will not be counted as Good Faith Efforts and will not exempt a bidder from fulfilling the Good Faith Efforts requirements. The apparently successful bidder shall report all efforts made including but not limited to the efforts required on Form 718. The efforts employed by the bidder should be those that one could reasonably expect a bidder to take if the bidder were actively and aggressively trying to obtain UDBE participation sufficient to meet the DBE contract goal. The bidder may submit information on its UDBE successes in the preparation of this bid and its successes on CDOT projects during the three preceding calendar years. These successes shall be documented in Section IV of the Form 718. Other factors the bidder considers relevant to its past performance in meeting CDOT UDBE contract goals shall also be documented in Section IV of the Form 718. In determining whether a bidder has made good faith efforts, CDOT will consider the performance of the apparently successful bidder in meeting UDBE contract goals over the preceding three calendar years. This will include performance at the time of Contract bid and at the time of Contract close. CDOT will use this information to help assess the bidder’s ongoing level of commitment in performing good faith efforts to meet project goals. CDOT will also take into account the performance of other bidders in meeting the contract goal. For example, when the apparently successful bidder fails to meet the contract goal, but others meet it, CDOT will reasonably raise the question of whether, with additional reasonable efforts, the apparently successful bidder could have met the goal. The greater the difference between the contract goal and the apparently successful bidder’s DBE commitments on the Form 714, the greater the level of Good Faith Efforts expected by CDOT. If the apparently successful bidder fails to meet the goal, but meets or exceeds the average UDBE participation obtained by other bidders, CDOT will view this, in conjunction with other factors, as evidence that the apparently successful bidder may have made adequate good faith efforts. February 3, 2011 3 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS CDOT will accept verifiable comments from persons that have specific information pertaining directly to the efforts made by the bidder to reach the contract goal on this project. CDOT will consider these comments as part of its good faith effort analysis prior to issuing its decision regarding whether good faith efforts were employed by the apparently successful bidder. To be considered during CDOT’s good faith effort analysis for the project, such comments must be submitted by letter, fax, or email. Comments must be sufficiently detailed, and must be received by CDOT within seven calendar days after the bid opening. Written comments should be submitted to CDOT based on the contact information listed at http://www.dot.state.co.us/EEO/ContactUs.htm . The Business Programs Office, with the DBE Liaison’s Approval, will notify the apparently successful bidder by fax regarding any deficiencies in the documentation and effort demonstrated by the bidder. This fax will include the Business Programs Office’s recommendation to the DBE Liaison Officer regarding whether the good faith effort demonstrated was sufficient for the bidder to be regarded as responsible. If the bidder may be regarded as responsible but with minor deficiencies in its good faith effort, the bidder will be expected to correct any deficiencies noted prior to bidding on other CDOT projects. Within five working days of being informed by the Business Programs Office that it is not a responsible bidder because it has not documented sufficient good faith efforts, a bidder may request administrative reconsideration from the Good Faith Efforts (GFE) Committee, which will not have played any role in the original determination that the bidder did not document sufficient good faith efforts. The bidder should make this request to: Good Faith Efforts Committee Fax: 303-757-9019 Phone: 303-757-9234 As part of this reconsideration, the bidder will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts prior to the bid opening to do so. The bidder will also have the opportunity to meet in person with CDOT’s GFE Committee to discuss the issue of whether it met the goal or made adequate good faith efforts prior to the bid opening to do so. The Business Programs Office, with the DBE Liaison’s Approval, will send the bidder a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts prior to the bid opening to do so. The GFE Review Committee will make a recommendation to the DBE Liaison Officer. The DBE Liaison Officer will review the good faith efforts documentation and the recommendation of the GFE Review Committee, determine whether the required efforts are sufficient for award and notify the Chief Engineer of this finding. The Chief Engineer will make the final decision regarding award. There will be no administrative appeal of the Chief Engineer’s decision. The Chief Engineer may pursue award of the Contract to the next lowest responsible bidder based upon this decision. If award of the Contract is made based on the Contractor’s good faith efforts, the goal will not be waived. The Contractor will be expected to continue to make good faith efforts as described below throughout the duration of the Contract. To demonstrate Good Faith Efforts to meet the contract goal throughout the performance of the Contract, the Contractor shall document to the CDOT Region Civil Rights Professional the steps taken on Form 205. For each subcontract item not identified for DBE participation on Form 718, steps the Contractor must take include but are not limited to the following: A. Seek out and consider UDBEs as potential subcontractors. (1) Contact all UDBEs for each category of work that is being subcontracted. (2) Affirmatively solicit their interest, capability, and price quotations. (3) Provide equal time for all prospective subcontractors to prepare their proposals. (4) Provide at least as much time to UDBEs in assisting them to prepare their bids for subcontract work as to non UDBE subcontractors. (5) Award subcontracts to UDBEs where their quotations are reasonably competitive with other quotations received. February 3, 2011 4 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS B. Maintain documentation of UDBEs contacted and their responses. (1) Maintain a list of UDBEs contacted as prospective subcontractors. (2) Maintain thorough documentation of criteria used to select each subcontractor. (3) Where a UDBE expressed an interest in a subcontract and made a quotation, and where the work was not awarded to a UDBE, furnish a detailed letter explaining the reasons. (b) Certification as a DBE by the Department 1. Any contractor may apply to the Colorado Department of Transportation Office of Certification or the City and County of Denver Division of Small Business Opportunity (DSBO) for status as a DBE. Application shall be made on the USDOT’s Uniform Certification Application Form as provided by these agencies for certification of DBEs. Application need not be made in connection with a particular bid. Only work contracted to UDBE contractors or subcontracted to UDBEs and independently performed by UDBEs shall be considered toward contract goals as established elsewhere in these specifications. 2. It shall be the Contractor’s responsibility to submit applications so that the certifying agency has sufficient time to render decisions. The certifying agency will review applications in a timely manner but is not committed to render decisions about a firm’s DBE status within any given period of time. 3. The Department will publish an online directory of DBE contractors, vendors and suppliers for the purpose of providing a reference source to assist any bidder in identifying DBEs and UDBEs. Bidders will be solely responsible for verifying the Certification of DBEs they intend to use prior to submitting a proposal. The directory is updated daily by the certifying agencies and is accessible online at http://www.dot.state.co.us/app_ucp/ . 4. Bidders shall exercise their own judgments in selecting any subcontractor to perform any portion of the work. 5. Permission for a DBE/non-DBE joint venture to bid on a specific project may be obtained from the Business Programs Office based on information provided by the proposed joint venture on Form 893, “Information For Determining DBE Participation When A Joint Venture Includes A DBE”. Joint applications should be submitted well in advance of bid openings. (c) Bidding Requirements 1. All bidders shall submit with their proposals a fully executed Form 714 including a list of the names of their UDBE subcontractors to meet the contract goal. The apparently successful bidder shall submit a fully executed Form 715 for each UDBE used to meet the contract goal (sample attached) no later than 4:00 p.m. on the third work day after the date of bid opening to the Business Programs Office in the Center for Equal Opportunity. Form 715 may be submitted by FAX, at Fax number (303)757- 9019, with an original copy to follow. If the contract goal is not met, the apparently successful bidder shall submit a completed Form 718 and corresponding evidence of good faith efforts no later than 4:00 on the day following the bid opening to the Business Programs Office in the Center for Equal Opportunity. CDOT Form No. 718 may be submitted by FAX, at Fax number (303)757-9019, with an original copy to follow. A copy of Form 718 is incorporated into this specification. 2. The award of Contract, if awarded, will be made to the lowest responsible bidder that will meet or exceed the contract goal or, if the goal will not be met, is able to demonstrate that good faith efforts were made to meet the goal. Good faith efforts are explained in (a) of this special provision. 3. The use of the UDBE firms named on Form 714 or on a Form 715, for the items of work described, is a condition of award. The replacement of a named UDBE firm will be allowed only as provided for in (e) of this special provision. Failure to comply will constitute grounds for default and termination of the Contract. February 3, 2011 5 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS 4. Contractor’s DBE Obligation. The prime Contractor bidding on construction projects advertised by the Department agrees to ensure that Disadvantaged Business Enterprises (DBEs), as defined in this special provision, have equal opportunity to participate in the performance of contracts or subcontracts financed in whole or in part with Federal or State funds. The prime Contractor shall not discriminate on the basis of race, color, national origin, or sex in the bidding process or the performance of contracts. To ensure that UDBEs are offered equal opportunity to participate in the performance of contracts, it is the responsibility of the prime Contractor to offer and to provide assistance to UDBEs related to the UDBE performance of the subcontract. However, the UDBE must independently perform a commercially useful function on the project. (d) Counting DBE Participation Toward Contract Goals and CDOT’s annual DBE goal 1. Once a firm has been certified as a DBE the total dollar amount of the contract awarded to the firm shall be counted toward CDOT’s annual DBE goal and the contract goal as explained below, and as modified for the project in the project special provisions titled “Contract Goal.” 2. The actual dollar total of a proposed subcontract, supply or service contract with any DBE firm shall be reported to the Department using Form 713. A Form 713 for subcontracts is to be submitted with the Form 205 and receipt will be a condition of approval. The eligibility of a proposed DBE subcontractor will be finally established based on the firm’s status at the time of Form 205 approval. A Form 713 for a supply or service contract is to be submitted once a contract has been fully executed so the Department will be able to report the DBE participation in a timely manner. The eligibility of a DBE supplier or service firm will be finally established as of the date the Form 713 is received by the Department. A Form 205 is not required for a supply or service contract. If a firm becomes certified as a DBE during performance under a fully executed contract with CDOT but prior to the DBE performing any work, then 100 percent of the work performed by the firm under that contract may be claimed as eligible work. 3. The Contractor may count toward its contract goal the percentage of the total dollar amount of a contract with a Department certified joint venture that equals the percentage of the ownership and control of the UDBE partner in a joint venture. 4. A The Contractor may count toward its contract goal only that percentage of expenditures to UDBEs which independently perform a commercially useful function in the work of a contract. A DBE is considered to be performing a commercially useful function by actually performing, managing, and supervising the work involved. To determine whether a DBE is performing a commercially useful function, the Department will evaluate the amount of work subcontracted, work performed solely by the DBE, industry practices, and other relevant factors. B. A DBE may enter into subcontracts consistent with normal industry practices. 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 of a contract than would be expected on the basis of normal industry practice for the type of work involved, the DBE shall be presumed not to be performing a commercially useful function. The DBE may present evidence to rebut this presumption to the Department. 5. The Contractor may count toward its contract goal the percentage of expenditures for transportation services obtained from UDBE trucking firms, provided the UDBE controls the trucking operations for which it seeks credit. A UDBE trucking firm must have at least one truck and driver of its own, but it can lease trucks owned by others, both DBEs and non-DBEs, including owner-operators. For work done with its own trucks and drivers, and for work done with DBE lessees, the UDBE trucking firm receives credit for all transportation services provided. For work done with non-DBE lessees, the UDBE trucking firm gets credit only for the fees or commissions it receives for arranging the transportation services, because the services themselves are being performed by non-DBEs. February 3, 2011 6 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS 6. The Contractor may count toward its contract goal the percentage of expenditures for materials and supplies obtained from UDBE suppliers (regular dealers) and manufacturers, provided that the UDBEs assume the actual and contractual responsibility for and actually provide the materials and supplies. A. The Contractor may count 100 percent of its expenditures to a UDBE manufacturer. A DBE manufacturer is a certified firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the Contractor. B. The Contractor may count 60 percent of its expenditures to UDBE suppliers (regular dealers) that are not manufacturers, provided that the DBE supplier performs a commercially useful function in the supply process. A DBE supplier (regular dealer) is a certified firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the Contract are bought, kept in stock, and regularly sold to the public in the usual course of business. To be a supplier (regular dealer) the firm must engage in, as its principal business and in its own name, the purchase and sale of the products in question. A supplier in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. Brokers and packagers shall not be regarded as manufacturers or suppliers within the meaning of this section. C. The Contractor may count toward its contract goal the following expenditures to UDBE firms that are not manufacturers or suppliers (regular dealers): (1) The fees or commissions charged for providing a bona fide service, such as professional, technical, consultant or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials or supplies required for performance of the Contract, provided that the fee or commission is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. (2) The fees charged for delivery of materials and supplies required to a job site (but not the cost of the materials and supplies themselves) when the hauler, trucker, or delivery service is not also the manufacturer of or a supplier of the materials and supplies, provided that the fee is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. (3) The fees or commissions charged for providing any bonds or insurance specifically required for the performance of the Contract, provided that the fee or commission is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. 7. To determine the goals achieved under this Contract the participation as described in (d) of this special provision shall be divided by the original prime Contract amount and multiplied by 100 to determine the percentage of performance. The Contractor shall maintain records of payment that show amounts paid to all DBEs. Upon completion of the project, the Contractor shall submit a Form 17 listing all DBEs that participated in this Contract, the subcontract tier number of each, and the dollar amount paid to each. This dollar amount shall include payments made by nonDBE subcontractors to DBE subcontractors. The Contractor shall certify the amount paid, which may be audited by the Department. When there is no participation by DBEs, the Contractor shall submit a Form 17 that indicates no participation and gives reasons why there was no participation. CDOT will not count the participation of a DBE subcontractor toward the prime contractor's UDBE achievements or CDOT’s overall DBE goal until the amount being counted toward the goal has been paid to the DBE. (e) Replacement of UDBE Subcontractors used to meet the contract goal Based upon a showing of good cause the Contractor may request that a UDBE named on Form 714 or on a Form 715 be replaced with another UDBE pursuant to the terms and conditions of this special provision. In the event that the Contractor is able to both document the need and to offer a replacement UDBE who can perform the work at a reasonable cost, the CDOT Region Civil Rights Professional will approve the replacement at no additional cost to the Department. Replacements will be allowed only with prior written approval of the Region Civil Rights Professional. February 3, 2011 7 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS 1. If a replacement is to be requested prior to the time that the named UDBE has begun to effectively prosecute the work under a fully executed subcontract, the Contractor shall furnish to the Region Civil Rights Professional the following: A. Written permission of the named UDBE. Written permission may be waived only if such permission cannot be obtained for reasons beyond the control of the Contractor. B. A full written disclosure of the circumstances making it impossible for the Contractor to comply with the condition of award. C. Documentation of the Contractor’s assistance to the UDBE named on Form 714 or on Form 715. D. Copies of any pertinent correspondence and documented verbal communications between the Contractor and the named UDBE. E. Documentation of the Good Faith Efforts in finding a replacement UDBE subcontractor and the results of the efforts. It is within the control of the Contractor to locate, prior to award, DBEs that offer reasonable prices and that could reasonably be expected to perform the work. For this reason, increased cost shall not, by itself, be considered sufficient reason for not providing an in-kind replacement. 2. In the event a UDBE subcontractor begins to prosecute the work and is unable to satisfactorily complete performance of the work, the Contractor shall furnish to the Region Civil Rights Professional the following: A. Documentation that the subject UDBE subcontractor did not perform in a satisfactory manner. B. Documentation of the Contractor’s assistance to the UDBE subcontractor prior to finding the UDBE subcontractor in default. C. A copy of the certified letter finding the UDBE to be in default or a letter from the UDBE stating that it cannot complete the work and it is turning the work back to the Contractor. D. Copy of the contract between the Contractor and the UDBE subcontractor, plus any modifications thereto. E. Documentation of the Good Faith Efforts in finding a replacement UDBE subcontractor and the results of the efforts. In the event the Contractor is able to locate a replacement UDBE who can perform work at a reasonable cost to the Contractor, and also demonstrates to the satisfaction of the Department that prior to bid it had reason to believe that the named UDBE firm was responsible and not expected to default, the Department may modify or renegotiate the Contract to compensate the Contractor for any reasonable extra costs, because of a higher price in the proposal of the replacement UDBE subcontractor than that of the original UDBE subcontractor who failed to perform. Provided, however, that the Department will not be obligated to participate in any increased cost to the Contractor if the UDBE that fails to perform has a recent history of performance failure or default that was either known, or should have been known, to the Contractor prior to award. 3. If the Contractor is unable to locate a UDBE replacement that is both interested in and capable of performing the work at a reasonable cost, the Department may waive the requirement that the work be performed by a UDBE and the Contractor shall provide for the satisfactory completion of the work at no additional cost to the Department. February 3, 2011 8 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS (f) Sanctions. It is the obligation of the Contractor to provide DBE firms with equal opportunity to participate in the performance of the work. It is the responsibility of DBE firms to perform their work in a responsible manner fully consistent with the intent of the DBE program, and in substantial compliance with the terms and conditions of these DBE definitions and requirements. DBE firms which fail to perform a commercially useful function as described in subsection (d) of these DBE definitions and requirements or operate in a manner which is not consistent with the intent of the DBE program may be subject to revocation of certification. A finding by the Department that the Contractor has failed to comply with the terms and conditions of these DBE definitions and requirements shall constitute sufficient grounds for default and termination of the Contract in accordance with subsection 108.09 of the specifications. Attachments: Form 714 Form 715 Form 718 COLORADO DEPARTMENT OF TRANSPORTATION BIDDERS LIST DATA and UNDERUTILIZED DBE (UDBE) BID CONDITIONS ASSURANCE Project #: Location: Prime Contractor Instructions: This form has two sections, both must be completed and submitted with your bid. Complete Section I to list all subcontract quotes received (non-DBE and DBE). Complete Section II to report only Underutilized DBE (UDBE) participation percentages which qualify under the contract goal specification for this project. Please review CDOT Form #715 instructions before completing Section II. Attach additional sheets as necessary. POLICY It is the policy of the Colorado Department of Transportation that underutilized disadvantaged business enterprises have equal opportunity to participate on projects financed with federal, state or local entity funds. Consistent with 49 Code of Federal Regulations (CFR) Part 26.11, the Bidders List data provided by the Contractors will provide CDOT as accurate data as possible about the universe of DBE and non-DBE firms actively seeking work on its highway construction contracts, for use in setting overall DBE goals. SECTION I: CDOT BIDDERS LIST INFORMATION (Non-DBEs and DBEs) 1) Are all subcontract bids (quotes) received by your firm for this project listed below? ❑ Yes ❑ No 2) If No, make certain any additional subcontract bidding information is submitted to the CDOT Business Programs Office before 4:00 pm on the day after bids are opened to ensure CDOT has the best data possible for setting future DBE goals (use the same table format as below): CDOT Business Programs Office 4201 E. Arkansas Ave., Room 200 Denver, Colorado 80222 FAX: 303-757-9019 EMAIL: eo@dot.state.co.us 3) The most recent CDOT Bidders List will be posted online at: www.dot.state.co.us/EEO/DBEProgramPage.htm Name of firm submitting Bid/Quote Certified DBE firm? Work item(s) description Firm being used? Yes No Yes No Maybe 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Page 1 of 2 Previous editions are obsolete and may not be used CDOT Form #714 4/08 Name of firm submitting Bid/Quote Certified DBE firm? Work item(s) description Firm being used? Yes No Yes No Maybe 15. 16. 17. 18. 19. 20. SECTION II: UNDERUTILIZED DBE (UDBE) PARTICIPATION COMMITMENT 1) Total eligible Underutilized DBE (UDBE) percentage amount from Box A below: . % 2) Will your company’s Underutilized DBE (UDBE) participation commitment meet the contract goal? ❑ Yes ❑ No 3) List the UDBE firms, committed work items, and eligible UDBE percentage of your bid committed to each. UDBE Firm name Certification # Committed work item(s) % Commitment toward DBE Goal* 1. 2. 3. 4. 5. BOX A: TOTAL ELIGIBLE UDBE PERCENTAGE AMOUNT (Round to nearest hundredth) * Detailed instructions on how to calculate DBE commitment amounts are available on CDOT Form #715 and in the “Counting DBE Participation Toward Contract Goals and CDOT’s annual DBE goal” section of the “DBE – Definitions and Requirements” in the Standard Special Provisions. I understand that, if my company is determined to be the low bidder for the contract on this project, I must submit a completed CDOT Form #715 CERTIFICATION OF UNDERUTILIZED DBE PARTICIPATION for each firm listed in Section II of this form to the Transportation Department by 4:00 pm on the third work day after the day bids are opened. The actual amounts submitted on each CDOT Form #715 must equal or exceed the DBE percentage commitments documented on this form. In addition, if my company does not meet the DBE/UDBE goal for this project, I must submit a completed CDOT Form #718 DBE GOOD FAITH EFFORT DOCUMENTATION before 4:00 pm on the day after bids are opened. CDOT Form #715s submitted for firms not included on this form, OR for amounts exceeding those listed on this form, will be accepted but NOT counted as Good Faith Efforts. Only the efforts the contractor made prior to the bid opening will count as Good Faith Efforts. I understand my obligation to abide by the Policy stated above Section I. I shall not discriminate on the basis of race, color, age, sex, national origin, or handicap in the bidding process or the performance of contracts. I 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 OF MY KNOWLEDGE. . % . % . % . % . % . % Company Name: Date: Company Officer Signature: Title: / / Page 2 of 2 Previous editions are obsolete and may not be used CDOT Form #714 4/08 Project No.: Project Code (SA#): COLORADO DEPARTMENT OF TRANSPORTATION CERTIFICATE OF PROPOSED UNDERUTILIZED DBE (UDBE) PARTICIPATION Location: Form #: of Prime Contractor – Send completed/signed form to the Business Programs Office (instructions on second page). The “Eligible UDBE Amounts” submitted on this form must equal or exceed the commitment(s) documented on the CDOT Form 714 you submitted with your bid. For the complete list of certified DBE/UDBE firms and their DBE work codes go to http://www.dot.state.co.us/app_ucp/ NOTE: See 49 CFR part 26.55, and the “DBE - Definitions and Requirements” in the Standard Special Provisions, for further information concerning counting DBE participation of truckers, subcontractors, suppliers and service providers toward the project’s UDBE goal. PART 1a – TRUCKING CONTRACT If the UDBE is being used as a trucker for one or more “trucking” DBE work codes (25500, 25505 etc.) then: ƒ ACTUAL UDBE AMOUNT = Actual contract amount for the transportation services provided by the UDBE firm and any UDBE lessees. ƒ ELIGIBLE UDBE TRUCKING AMOUNT = [ (ACTUAL UDBE AMOUNT) – (Any non-UDBE lessee amounts in this contract)* ] * For work done on this UDBE contract with non-UDBE lessees, credit toward the project UDBE goal is given only for the broker fees or commissions the UDBE trucker receives for arranging the transportations services, because the services themselves are being performed by non-UDBEs. NAME OF UDBE FIRM CERTIFICATION # EXPIRATION DATE ELIGIBLE UDBE TRUCKING AMOUNT / / $ DBE WORK CODE NUMBER(S) THIS UDBE IS BEING USED FOR : Complete list of work codes is at http://www.dot.state.co.us/app_ucp/ PART 1b – SUBCONTRACT ƒ ELIGIBLE UDBE SUBCONTRACT AMOUNT = [ (Actual UDBE contract amount) – (Any non-UDBE lower tier amounts in this contract)* ] * Work that a UDBE subcontracts to a lower tier non-UDBE firm does not count toward the project UDBE goal. NAME OF UDBE FIRM CERTIFICATION # EXPIRATION DATE ELIGIBLE UDBE SUBCONTRACT AMOUNT / / $ DBE WORK CODE NUMBER(S) THIS UDBE IS BEING USED FOR : Complete list of work codes is at http://www.dot.state.co.us/app_ucp/ PART 1c – SUPPLY CONTRACT If the supplier is a UDBE with a “Type” field of “Manufacturer” for the item(s): ƒ ELIGIBLE UDBE SUPPLY AMOUNT = [ (Actual UDBE contract amount) X 100% ] If the supplier is a UDBE with a “Type” field of “Regular Dealer” for the item(s): ƒ ELIGIBLE UDBE SUPPLY AMOUNT = [ (Actual UDBE contract amount) X 60% ] NOTE: If the supplier is a UDBE with a “Type” field of “Broker” for the item(s) use PART 1d – BROKER / SERVICE CONTRACT. NAME OF UDBE FIRM CERTIFICATION # EXPIRATION DATE ELIGIBLE UDBE SUPPLY AMOUNT / / $ DBE WORK CODE NUMBER(S) THIS UDBE IS BEING USED FOR : Complete list of work codes is at http://www.dot.state.co.us/app_ucp/ PART 1d – BROKER / SERVICE CONTRACT If purchasing materials or supplies through a UDBE with a “Type” field of “Broker”, count only the amount of brokerage commission and/or delivery service fees included in the contract. Other examples of services to include in this section are bonding, brokering, consulting, security guards, and insurance etc. ƒ ELIGIBLE UDBE SERVICE FEE AMOUNT = Actual compensation retained by the UDBE broker/agent for services rendered* * The amounts that count toward UDBE goals are limited to the compensation retained by the UDBE broker/agent for services rendered, provided the fee/commission is determined by CDOT to be reasonable and not excessive as compared with fees customarily charged for similar services. NAME OF UDBE FIRM CERTIFICATION # EXPIRATION DATE ELIGIBLE UDBE SERVICE FEE AMOUNT / / $ DBE WORK CODE NUMBER(S) THIS UDBE IS BEING USED FOR : Complete list of work codes is at http://www.dot.state.co.us/app_ucp/ Original – Business Programs Office Previous editions may not be used CDOT Form 715 – Page 1 of 2 1/06 PART 2 – UDBE PARTICIPATION SUMMARY A) What is the total dollar value of this proposed trucking, subcontract, supply, OR broker/service contract that is eligible for counting toward contract goals? A = [ TOTAL FROM “ELIGIBLE” COLUMNS IN PART 1 ] NOTE: Provide in actual subcontractor dollars and not prime contract prices. A> $ B) What is the total dollar value of proposed subcontracts that are eligible for counting towards contract goals from prior sheets/forms? B> $ C) What is the accumulative value of proposed subcontracts that are eligible for counting towards contract goals? C = [ A + B ] C> $ D) What is the original contract bid total? D> $ E) What is the accumulative percent of contract bid total subcontracted to all underutilized DBEs? E = [ (C ÷ D) X 100 ] E> % PART 3 – UDBE CONFIRMATION I confirm that my company is participating in this contract as documented in the Prime Contractor’s commitment(s) in PART 1 of this form. Only the value of the work that my company is actually performing is being counted on this form. UDBE Firm Name: Date: / / UDBE Representative Signature and Title: PART 4 – PRIME CONTRACTOR CERTIFICATION I certify that: • my company has met the contracted UDBE goals or has submitted a completed CDOT Form #718. • my company has accepted a proposal from the UDBE named above. • my company has notified the proposed UDBE of the contracted UDBE commitment. • my company has ensured that the proposed UDBE has signed PART 3 of this form. • my company's use of the proposed UDBE for the items of work listed above is a condition of the contract award. • my company will invite the proposed UDBE to attend the preconstruction conference. • my company will not use a substitute UDBE for the proposed UDBE's failure to perform under a fully executed subcontract, unless my company complies with the definitions and requirements section of the DBE Special Provisions. • I understand that failure to comply with the information shown on this form will be considered grounds for contract termination. 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 complete to the best of my knowledge. Prime Contractor Name: Date: / / Officer Signature and Title: FORM INSTRUCTIONS Prime Contractor: 1. An officer of the contractor(s) must complete this form. 2. Include only DBE firms which meet the underutilized criteria in the contract goal specification for this project (i.e., UDBE firms). 3. Complete only relevant section(s) for PART 1. 4. Ensure that the proposed UDBE has signed PART 3 of this form. 5. Complete ALL sections of PART 2 and PART 4. 6. Submit a separate CDOT Form #715 for EACH proposed UDBE. 7. Retain a photocopy for your records. 8. Send original to: Colorado Department of Transportation Business Programs Office 4201 E. Arkansas Ave. Denver, Colorado 80222 FAX: (303) 757-9019 Original – Business Programs Office Previous editions may not be used CDOT Form 715 – Page 2 of 2 1/06 COLORADO DEPARTMENT OF TRANSPORTATION UNDERUTILIZED DBE (UDBE) GOOD FAITH EFFORT DOCUMENTATION UDBE CONTRACT GOAL %: # Of UDBEs Contacted # Of UDBEs "Eligible" % Of UDBEs Contacted Project No.: Location: Date: Project Code (SA#): No. Of Sheets Attached To Form: DBE DIRECTORY UPDATES Go to http://www.dot.state.co.us/app_ucp/ and use the "Directory Updates" button on the DBE Directory to submit any of the following documented updates on UDBE firms: • Contact information changes (e.g., phone and address etc.) • "CDOT GFE Eligibility" status changes (e.g., UDBE firm says they don't want to be contacted via GFE solicitations etc.) Note: In order to verify all updates submitted, CDOT may request additional information from contractors and/or UDBE firms before posting requested changes to the Directory. DBE Work Code From DBE Directory DBE Work Code Description TOTAL CONTRACT %: The DBE Directory can be found online at: http://www.dot.state.co.us/app_ucp/ • DBE work codes are 5 digit numbers where the 1st digit corresponds to the overall section the code belongs to • The 1st 3 digits of a DBE work code identify its category • DBE work codes ending in "00" represent certification for the entire work code category • DBE work codes NOT ending in "00" represent certification in a specific sub-category only II. Complete the following table to summarize all outreach efforts made to UDBE firms. For each subcontract item identified, contact by mail, fax, phone and/or email 100% of the Colorado certified UDBEs whose DBE work codes match the type of work being solicited and who are marked as "CDOT GFE Eligible" on the DBE Directory. The Contractor shall ensure that initial solicitations allow UDBEs at least 10 calendar days to participate effectively in the bidding process. In order to determine with certainty which UDBEs are interested, the Contractor is also required to take appropriate steps to follow-up initial solicitations (e.g., regional follow-up phone calls etc.). If soliciting by telephone, attach a summary telephone log of calls, including topic of discussion, date, time, name of person contacted, and the response received. If soliciting by mail, fax, and/or email, attach one example copy of the letter, fax, and/or email sent to UDBEs along with a summary log that documents all dates and responses received. Letters, faxes and/or emails must specifically identify the project, the items to be subcontracted, and the bid date. Letters, faxes and/or emails must also provide an address and phone number where specific quantities or details will be available to bidders. The Contractor who is the apparent low bidder on a CDOT construction project, and has failed to meet the Underutilized DBE (UDBE) contract goal, shall use this form to document all good faith efforts that were made prior to bid opening by said Contractor to meet the goal. FAILURE TO FULLY / CLEARLY COMPLETE THIS FORM MAY RESULT IN REJECTION OF THE BID. Each portion of this form is to be addressed in the space provided, or on supplemental sheets that follow the same tabular structure and format outlined below. Attach supporting documentation as required by CDOT. This completed form and required attachments are to be submitted to the Business Programs Office in the Center for Equal Opportunity prior to 4:00 p.m. on the day after the day bids are opened. This form may be submitted by FAX (303 -757-9019) with an original copy to follow. An extension may be granted by the DBE Liaison. Only the efforts the Contractor made prior Closest DBE Work Code Bid Item Description UDBE Firm? THE CONTRACTOR UNDERSTANDS THAT DEMONSTRATION OF GOOD FAITH EFFORTS IN ACHIEVING THE UDBE GOALS ESTABLISHED BY CDOT IS REQUIRED THROUGHOUT THE PERFORMANCE OF THE CONTRACT. Subcontractor Name (Place an * next to firm being used) III. Complete the following table to show all subcontract bids received (non-UDBE and UDBE), bid dollar amounts for each bid item, and the name of the successful bidder. Where bundled subcontract bids were received, break out quotes per bid item number. If the UDBE bids were rejected, give reasons for each case. If the work is to be counted as a potential UDBE subcontract item, the Contractor cannot elect to perform that work itself when a UDBE bid is competitive or only UDBE bids are received. Cost alone may not be adequate justification for failure to use a UDBE bid. When a non-UDBE bid is significantly lower than a UDBE bid, the Contractor may choose to perform the item itself. CDOT will determine whether a subcontractor's bid is "competitive" based on factors such as the percentage and dollar difference between quote(s), and/or the percentage the quote(s) represents of the overall contract. CDOT Bid Item # (Break Out Bundled Quotes) Actual Bid Item Quote Price % Difference On Items That UDBE Firms Bid IV. The efforts required herein are not exhaustive or exclusive. Other factors or types of efforts may be relevant in appropriate cases. In determining whether Good Faith Efforts have been made, the quantity and quality of the efforts made as well as kinds of efforts made may be considered. List any additional efforts to increase UDBE contract participation, such as assisting UDBEs in obtaining bonding/insurance/lines of credit, effectively using the services of community organizations/publications, and/or requesting subcontractors to assist with providing UDBE participation. Report the results of such efforts. Note: Advertising in a publication with low UDBE subscription rates will not be considered as quality efforts by CDOT. Company Name: Phone: Fax: Title: Printed Name: Signature: Original - Business Programs Office THIS FORM IS CONFIDENTIAL - Previous editions may not be used CDOT Form 718 - Page 2 of 2 1/06 -1- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION Decision Nos. CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 Modifications ID dated January 06, 2012 supersedes Decision Nos. CO100018, 19, 20, 21, 22, 23, 24, 25 and 26 dated September 30, 2011. 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. MOD Number 1 2 Date 11-18-11 01-06-12 Page Number(s) 14 1, 10, 14, 19, 25, 29, 34, 42 and 50 1 2 General Decision No. CO100016 applies to the following counties: Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson, and Park counties. General Decision No. CO100016 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod ELECTRICIAN (Traffic Signalization Only): 1000 Clear Creek 26.42 4.75% + 8.68 POWER EQUIPMENT OPERATOR: Drill Rig Caisson 1001 Smaller than Watson 2500 and similar 23.67 9.22 1002 Watson 2500 similar or larger 23.97 9.22 Crane (50 tons and under) 1003 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin 23.82 9.22 Crane (51 - 90 tons) 1004 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin 23.97 9.22 Crane (91 - 140 tons) 1005 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin 24.12 9.22 1006 Scraper 1007 Single bowl under 40 cubic yards 23.82 9.22 1008 40 cubic yards and over 23.97 9.22 -2- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100016 The wage and fringe benefits listed below do not reflect collectively bargained rates. CARPENTER: Excludes Form Work 1009 Adams 16.61 3.88 1010 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson, Park 19.27 5.08 Form Work Only 1011 Adams 16.78 3.57 1012 Broomfield, Clear Creek, Elbert, Gilpin 19.11 5.46 1013 Jefferson 16.88 3.81 1014 Park 17.28 5.38 CEMENT MASON/CONCRETE FINISHER: 1015 Adams 16.05 3.00 1016 Arapahoe 18.70 3.85 1017 Broomfield, Clear Creek, Elbert, Gilpin 18.37 3.00 1018 Jefferson 18.02 3.42 1019 Park 17.09 2.85 ELECTRICIAN: Excludes Traffic Signal Installation 1020 Adams 31.00 14.01 1021 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson, Park 35.13 6.83 Traffic Signalization Electrician 1022 Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Park 27.25 7.10 1023 Jefferson 26.78 5.44 Traffic Signalization Groundsman 1024 Adams 13.96 2.80 1025 Arapahoe, Broomfield, Elbert, Gilpin, Park 15.24 3.81 1026 Clear Creek 15.70 2.14 1027 Jefferson 15.19 4.72 -3- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100016 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod 1028 FENCE ERECTOR 13.02 3.20 1029 FORM WORKER – Arapahoe 15.30 3.90 GUARDRAIL INSTALLER: 1030 Adams 12.89 3.45 1031 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson, Park 12.89 3.20 HIGHWAY/PARKING LOT STRIPING: Painter 1032 Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Park 12.62 3.21 1033 Jefferson 14.21 3.21 IRONWORKER: Reinforcing 1034 Adams 22.14 0.77 1035 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson 16.69 5.45 1036 Park 19.98 2.89 1037 Structural 18.22 6.01 LABORER: Asphalt Raker 1038 Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson 16.29 4.25 1039 Park 17.41 1.86 1040 Asphalt Shoveler 21.21 4.25 1041 Asphalt Spreader 18.58 4.65 Common or General 1042 Adams 16.29 4.25 1043 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin 16.67 4.27 1044 Jefferson 16.51 4.27 1045 Park 15.64 2.46 -4- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100016 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod Concrete Saw (Hand Held) 1046 Adams 16.29 5.20 1047 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson, Park 16.29 6.14 Landscape and Irrigation 1048 Adams, Arapahoe, Broomfield, Elbert, Gilpin, Jefferson, Park 12.26 3.16 1049 Clear Creek 14.98 3.16 Mason Tender - Cement/Concrete 1050 Adams 17.71 2.83 1051 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin 16.96 4.04 1052 Jefferson 16.29 4.25 1053 Park 15.08 3.10 1054 Pipelayer 13.55 2.41 Traffic Control (Flagger) 1055 Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin 9.55 3.05 1056 Jefferson 9.73 3.05 1057 Park 9.42 3.21 Traffic Control (Sets Up/Moves Barrels, Cones, Install Signs, Arrow Boards and Place Stationary Flags) 1058 Adams, Arapahoe, Broomfield, Elbert, Gilpin, Jefferson 12.43 3.22 1059 Clear Creek 13.14 3.20 1060 Park 12.76 3.20 1061 PAINTER (Spray Only) 16.99 2.87 -5- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100016 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR: Asphalt Laydown 1062 Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson 22.67 8.75 1063 Park 22.67 8.72 1064 Asphalt Paver 24.97 6.13 Asphalt Roller 1065 Adams 24.20 7.70 1066 Arapahoe 22.68 8.72 1067 Broomfield, Clear Creek, Elbert, Gilpin 23.41 7.67 1068 Jefferson 22.84 7.69 1069 Park 22.84 8.72 Asphalt Spreader 1070 Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Park 22.67 8.67 1071 Jefferson 23.34 8.06 1072 Backhoe/Trackhoe 1073 Adams 20.31 4.24 1074 Arapahoe 24.59 6.24 1075 Broomfield, Clear Creek, Elbert, Gilpin 22.19 6.48 1076 Jefferson 21.99 5.60 1077 Park 20.81 4.24 -6- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100016 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con’t): Bobcat/Skid Loader 1078 Adams, Broomfield, Clear Creek, Elbert, Gilpin 15.37 4.28 1079 Arapahoe 18.23 4.28 1080 Jefferson 16.85 4.28 1081 Park 22.46 0.00 1082 Boom 22.67 8.72 Broom/Sweeper 1083 Adams, Broomfield, Clear Creek, Elbert, Gilpin, Park 22.70 8.07 1084 Arapahoe 22.67 8.73 1085 Jefferson 22.18 8.36 Bulldozer 1086 Adams 25.20 6.72 1087 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson, Park 26.90 5.59 1088 Concrete Pump 21.60 5.21 Crane 1089 Adams, Park 22.82 8.72 1090 Jefferson 23.55 6.68 Drill 1091 Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Park 20.48 4.71 1092 Jefferson 20.65 5.74 1093 Forklift 15.91 4.68 -7- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100016 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con’t): Grader/Blade 1094 Adams 23.94 8.23 1095 Arapahoe 22.67 8.72 1096 Broomfield, Clear Creek, Elbert, Gilpin, Park 23.90 7.93 1097 Jefferson 23.28 7.73 1098 Guardrail/Post Driver 16.07 4.41 Loader (Front End) 1099 Adams 23.09 8.72 1100 Arapahoe 26.80 4.84 1101 Broomfield, Clear Creek, Elbert, Gilpin 23.20 8.33 1102 Jefferson 23.06 7.76 1103 Park 22.67 8.72 Mechanic 1104 Adams 22.82 8.72 1105 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Park 24.04 7.35 1106 Jefferson 23.56 8.72 Oiler 1107 Adams, Jefferson 21.97 8.72 1108 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Park 23.73 8.41 Roller/Compactor (Dirt and Grade Compaction) 1109 Adams 16.70 3.30 1110 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson 20.30 5.51 1111 Park 16.52 3.13 1112 Rotomill 16.22 4.41 -8- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100016 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con’t): Screed 1113 Adams 27.89 3.50 1114 Arapahoe 22.67 8.72 1115 Broomfield, Clear Creek, Elbert, Gilpin 24.67 6.02 1116 Jefferson 22.64 8.43 1117 Park 20.36 3.04 1118 Tractor 13.13 2.95 TRUCK DRIVER: Distributor 1119 Adams 15.80 5.27 1120 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Park 19.62 5.27 1121 Jefferson 19.46 6.04 Dump Truck 1122 Adams 16.68 5.27 1123 Arapahoe 18.94 5.27 1124 Broomfield, Clear Creek, Elbert, Gilpin 16.47 5.27 1125 Jefferson 16.97 4.78 1126 Park 15.40 3.21 Lowboy Truck 1127 Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Park 17.25 5.27 1128 Jefferson 19.80 6.42 1129 Mechanic 26.48 3.50 Multi-Purpose Speciality and Hoisting Truck 1130 Adams, Broomfield, Clear Creek, Elbert, Gilpin, Park 17.49 3.17 1131 Arapahoe 15.79 2.48 1132 Jefferson 15.13 3.89 -9- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100016 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod TRUCK DRIVER (con’t.): Semi/Trailer Truck (Includes Pickup and Pilot Car) 1133 Adams, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson, Park 18.39 4.13 1134 Arapahoe 16.00 2.60 Single Axle (Includes Pickup and Pilot Car) 1135 Adams, Jefferson 13.93 3.68 1136 Arapahoe 15.10 3.77 1137 Broomfield, Clear Creek, Elbert, Gilpin, Park 14.74 3.68 1138 Truck Mounted Attenuator 12.43 3.22 Water Truck 1139 Adams 17.50 5.19 1140 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Park 19.36 4.07 1141 Jefferson 17.57 5.27 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. ------------------------------------------------------------------------------------------------------------------------------------------------------- END OF GENERAL DECISION NO. CO100016 -10- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION Decision Nos. CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 Modifications ID dated January 06, 2012 supersedes Decision Nos. CO100018, 19, 20, 21, 22, 23, 24, 25 and 26 dated September 30, 2011. 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. MOD Number 1 2 Date 11-18-11 01-06-12 Page Number(s) 14 1, 10, 14, 19, 25, 29, 34, 42 and 50 1 2 General Decision No. CO100017 applies to the following counties: Boulder county. General Decision No. CO100017 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 1142 Smaller than Watson 2500 and similar 23.67 9.22 1143 Watson 2500 similar or larger 23.97 9.22 Crane 1144 50 tons and under 23.82 9.22 1145 51 - 90 tons 23.97 9.22 1146 91 - 140 tons 24.12 9.22 Scraper 1147 Single bowl under 40 cubic yards 23.82 9.22 1148 40 cubic yards and over 23.97 9.22 CARPENTER: 1149 Excludes Form Work 16.61 3.88 1150 Form Work Only 17.06 3.90 1151 CEMENT MASON/CONCRETE FINISHER 17.39 3.00 1152 ELECTRICIAN 33.39 7.64 1153 FENCE ERECTOR 15.96 3.46 1154 GUARDRAIL INSTALLER 16.21 3.63 1155 HIGHWAY/PARKING LOT STRIPING: 1156 Painter 12.62 3.21 -11- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100017 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod IRONWORKER: 1157 Reinforcing (Excludes Guardrail Installation) 16.69 5.45 1158 Structural (Excludes Guardrail Installation) 18.22 6.01 LABORER: 1159 Asphalt Raker 16.29 4.25 1160 Asphalt Shoveler 21.21 4.25 1161 Asphalt Spreader 18.58 4.65 1162 Common or General 16.29 4.25 1163 Concrete Saw (Hand Held) 16.29 6.14 1164 Landscape and Irrigation 12.26 3.16 1165 Mason Tender - Cement/Concrete 16.29 4.25 1166 Pipelayer 16.74 1.89 1167 Traffic Control (Flagger) 9.55 3.05 1168 Traffic Control (Sets Up/Moves Barrels, Cones, Installs signs, Arrow Boards and Place Stationary Flags), (Excludes Flaggers) 12.43 3.22 1169 PAINTER (Spray Only) 16.99 2.87 POWER EQUIPMENT OPERATOR: 1170 Asphalt Laydown 22.67 8.25 1171 Asphalt Paver 24.19 6.58 1172 Asphalt Roller 23.01 9.22 1173 Asphalt Spreader 22.67 8.72 1174 Backhoe/Trackhoe 21.70 5.51 1175 Bobcat/Skid Loader 15.37 4.28 1176 Boom 22.67 8.72 1177 Broom/Sweeper 22.83 8.72 1178 Bulldozer 26.90 5.59 1179 Drill 21.42 2.88 -12- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100017 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con’t.): 1180 Forklift 15.91 4.27 1181 Grader/Blade 22.67 8.72 1182 Guardrail/Post Driver 16.54 4.10 1183 Loader (Front End) 22.67 8.72 1184 Mechanic 1185 Oiler 22.77 9.22 1186 Roller/Compactor (Dirt and Grade Compaction) 22.32 8.72 1187 Rotomill 16.22 4.41 1188 Screed 22.67 8.72 1189 Tractor 13.13 2.95 TRAFFIC SIGNALIZATION: 1190 Groundsman 18.52 3.59 TRUCK DRIVER: 1191 Distributor 21.69 5.27 1192 Dump Truck 16.41 5.27 1193 Lowboy Truck 17.25 5.27 1194 Multi-Purpose Specialty & Hoisting Truck 16.41 4.97 1195 Pickup and Pilot Car 13.93 3.68 1196 Semi/Trailer Truck 18.39 4.13 1197 Truck Mounted Attenuator 12.43 3.22 1198 Water Truck 20.64 5.27 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)). ------------------------------------------------------------------------------------------------------------------------------------------------------- -13- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION 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. ------------------------------------------------------------------------------------------------------------------------------------------------------- END OF GENERAL DECISION NO. CO100017 -14- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION Decision Nos. CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 Modifications ID dated January 06, 2012 supersedes Decision Nos. CO100018, 19, 20, 21, 22, 23, 24, 25 and 26 dated September 30, 2011. 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. MOD Number 1 2 Date 11-18-11 01-06-12 Page Number(s) 14 1, 10, 14, 19, 25, 29, 34, 42 and 50 1 2 General Decision No. CO100018 applies to the following counties: El Paso, Pueblo, and Teller counties. General Decision No. CO100018 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod ELECTRICIAN: 1199 El Paso, Teller 28.55 14.46 1200 Pueblo 26.75 11.90 1 POWER EQUIPMENT OPERATOR: Drill Rig Caisson 1201 Smaller than Watson 2500 and similar 23.67 9.22 1202 Watson 2500 similar or larger 23.97 9.22 Crane 1203 50 tons and under 23.82 9.22 1204 51 - 90 tons 23.97 9.22 1205 91 - 140 tons 24.12 9.22 General Decision No. CO100018 The wage and fringe benefits listed below do not reflect collectively bargained rates. CARPENTER: 1206 Excludes Form Work 24.15 6.25 Form Work Only 1207 El Paso, Teller 19.06 5.84 1208 Pueblo 19.00 5.88 CEMENT MASON/CONCRETE FINISHER: 1209 El Paso, Teller 17.36 3.00 1210 Pueblo 17.74 3.00 1211 FENCE ERECTOR 13.02 3.20 1212 GUARDRAIL INSTALLER 12.89 3.20 -15- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100018 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod HIGHWAY/PARKING LOT STRIPING: 1213 Painter 12.62 3.21 IRONWORKER: Reinforcing (Excludes Guardrail Installation) 1214 El Paso, Teller 20.49 1.65 1215 Pueblo 16.69 5.45 1216 Structural (Excludes Guardrail Installation) 18.22 6.01 LABORER: 1217 Asphalt Raker 17.54 3.16 1218 Asphalt Shoveler 21.21 4.25 1219 Asphalt Spreader 18.58 4.65 Common or General 1220 El Paso 17.05 3.69 1221 Pueblo 16.29 4.25 1222 Teller 16.88 3.61 1223 Concrete Saw (Hand Held) 16.29 6.14 1224 Landscape and Irrigation 12.26 3.16 1225 Mason Tender - Cement/Concrete 16.29 4.25 1226 Pipelayer 18.72 3.24 1227 Traffic Control (Flagger) 9.55 3.05 1228 Traffic Control (Sets Up/Moves Barrels, Cones, Installs signs, Arrow Boards and Place Stationary Flags), (Excludes Flaggers) 12.43 3.22 1229 PAINTER (Spray Only) 16.99 2.87 -16- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100018 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR: 1230 Asphalt Laydown 22.67 8.72 1231 Asphalt Paver 21.50 3.50 Asphalt Roller 1232 El Paso, Teller 24.42 6.96 1233 Pueblo 23.67 9.22 1234 Asphalt Spreader 22.67 8.72 Backhoe/Trackhoe 1235 El Paso 23.31 5.61 1236 Pueblo 21.82 8.22 1237 Teller 23.32 5.50 1238 Bobcat/Skid Loader 15.37 4.28 1239 Boom 22.67 8.72 Broom/Sweeper 1240 El Paso, Teller 23.43 8.04 1241 Pueblo 23.47 9.22 Bulldozer 1242 El Paso 26.56 7.40 1243 Pueblo, Teller 26.11 6.22 1244 Drill 17.59 3.45 1245 Forklift 15.91 4.68 Grader/Blade 1246 El Paso 22.83 8.72 1247 Pueblo 23.25 6.98 1248 Teller 23.22 8.72 1249 Guardrail/Post Driver 16.07 4.41 -17- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100018 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con’t.): Loader (Front End) 1250 El Paso 23.61 7.79 1251 Pueblo 21.67 8.22 1252 Teller 23.50 7.64 Mechanic 1253 El Paso 22.35 6.36 1254 Pueblo 24.02 8.43 1255 Teller 22.16 6.17 Oiler 1256 El Paso 23.29 7.48 1257 Pueblo 23.13 7.01 1258 Teller 22.68 7.11 Roller/Compactor (Dirt and Grade Compaction) 1259 El Paso 16.70 3.30 1260 Pueblo, Teller 18.43 4.62 1261 Rotomill 16.22 4.41 1262 Scraper 24.28 4.83 Screed 1263 El Paso, Teller 25.22 5.74 1264 Pueblo 23.67 9.22 1265 Tractor 13.13 2.95 -18- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100018 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod TRUCK DRIVER: Distributor 1266 El Paso, Teller 17.98 3.97 1267 Pueblo 18.35 3.85 Dump Truck 1268 El Paso, Teller 16.85 4.83 1269 Pueblo 16.87 4.79 1270 Lowboy Truck 17.25 5.27 1271 Mechanic 26.69 3.50 1272 Multi-Purpose Specialty & Hoisting Truck 17.27 3.71 1273 Pickup and Pilot Car 13.93 3.68 1274 Semi/Trailer Truck 16.00 2.60 1275 Truck Mounted Attenuator 12.43 3.22 Water Truck 1276 El Paso 17.24 4.15 1277 Pueblo 20.93 4.98 1278 Teller 17.31 4.07 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. ------------------------------------------------------------------------------------------------------------------------------------------------------- END OF GENERAL DECISION NO. CO100018 -19- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION Decision Nos. CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 Modifications ID dated January 06, 2012 supersedes Decision Nos. CO100018, 19, 20, 21, 22, 23, 24, 25 and 26 dated September 30, 2011. 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. MOD Number 1 2 Date 11-18-11 01-06-12 Page Number(s) 14 1, 10, 14, 19, 25, 29, 34, 42 and 50 1 2 General Decision No. CO100019 applies to the following counties: Denver and Douglas counties. General Decision No. CO100019 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod 1279 CARPENTER (Form Work Only) 24.00 11.28 TRAFFIC SIGNALIZATION: Traffic Signal Installation 1280 Zone 1 26.42 4.75% + 8.68 1281 Zone 2 29.42 4.75% + 8.68 Traffic Installer Zone Definitions Zone 1 – Within a 35 mile radius measured from the addresses of the following cities: Colorado Springs - Nevada & Bijou Denver - Ellsworth Avenue & Broadway Ft. Collins - Prospect & College Grand Junction - 12th & North Avenue Pueblo - I-25 & Highway 50 Zone 2 - All work outside these areas. POWER EQUIPMENT OPERATOR: Hydraulic Backhoe 1282 Wheel Mounted, under ¾ yds. 23.67 9.22 1283 Backhoe/Loader combination 23.67 9.22 Drill Rig Caisson 1284 Smaller than Watson 2500 and similar 23.67 9.22 1285 Watson 2500 similar or larger 23.97 9.22 Loader 1286 Up to and including 6 cubic yards 23.67 9.22 1287 Denver County - Under 6 cubic yards 23.67 9.22 1288 Denver County - Over 6 cubic yards 23.82 9.22 -20- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100019 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con’t.): Motor Grader 1289 Douglas county - Blade Rough 23.67 9.22 1290 Douglas county - Blade Finish 23.97 9.22 Crane 1291 50 tons and under 23.82 9.22 1292 51 to 90 tons 23.97 9.22 1293 91 to 140 tons 24.12 9.22 Scraper 1294 Single bowl under 40 cubic yards 23.82 9.22 1295 40 cubic yards and over 23.97 9.22 General Decision No. CO100019 The wage and fringe benefits listed below do not reflect collectively bargained rates. 1296 CARPENTER (Excludes Form Work) 19.27 5.08 CEMENT MASON/CONCRETE FINISHER: 1297 Denver 20.18 5.75 1298 Douglas 18.75 3.00 1299 ELECTRICIAN (Excludes Traffic Signal Installation) 35.13 6.83 1300 FENCE ERECTOR (Excludes Link/Cyclone Fence Erection) 13.02 3.20 1301 GUARDRAIL INSTALLER 12.89 3.20 HIGHWAY/PARKING LOT STRIPING: Painter 1302 Denver 12.62 3.21 1303 Douglas 13.89 3.21 IRONWORKERS: 1304 Reinforcing (Excludes Guardrail Installation) 16.69 5.45 1305 Structural (Includes Link/Cyclone Fence Erection), (Excludes Guardrail Installation) 18.22 6.01 -21- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100019 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod LABORERS: 1306 Asphalt Raker 16.29 4.25 1307 Asphalt Shoveler 21.21 4.25 1308 Asphalt Spreader 18.58 4.65 Common or General 1309 Denver 16.76 6.77 1310 Douglas 16.29 4.25 1311 Concrete Saw (Hand Held) 16.29 6.14 1312 Landscape and Irrigation 12.26 3.16 Mason Tender - Cement/Concrete 1313 Denver 16.96 4.04 1314 Douglas 16.29 4.25 Pipelayer 1315 Denver 13.55 2.41 1316 Douglas 16.30 2.18 Traffic Control 1317 Flagger 9.55 3.05 1318 Sets Up/Moves Barrels, Cones, Install Signs, Arrow Boards and Place Stationary Flags, (Excludes Flaggers) 12.43 3.22 PAINTER: 1319 Spray Only 16.99 2.87 POWER EQUIPMENT OPERATOR: Asphalt Laydown 1320 Denver 22.67 8.72 1321 Douglas 23.67 8.47 Asphalt Paver 1322 Denver 24.97 6.13 1323 Douglas 25.44 3.50 -22- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100019 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con’t.): Asphalt Roller 1324 Denver 23.13 7.55 1325 Douglas 23.63 6.43 1326 Asphalt Spreader 22.67 8.72 Backhoe/Trackhoe 1327 Douglas 23.82 6.00 1328 Bobcat/Skid Loader 15.37 4.28 1329 Boom 22.67 8.72 Broom/Sweeper 1330 Denver 22.47 8.72 1331 Douglas 22.96 8.22 1332 Bulldozer 26.90 5.59 1333 Concrete Pump 21.60 5.21 Drill 1334 Denver 20.48 4.71 1335 Douglas 20.71 2.66 1336 Forklift 15.91 4.68 Grader/Blade 1337 Denver 22.67 8.72 1338 Guardrail/Post Driver 16.07 4.41 Loader (Front End) 1339 Douglas 21.67 8.22 Mechanic 1340 Denver 22.89 8.72 1341 Douglas 23.88 8.22 -23- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100019 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con’t.): Oiler 1342 Denver 23.73 8.41 1343 Douglas 24.90 7.67 Roller/Compactor (Dirt and Grade Compaction) 1344 Denver 20.30 5.51 1345 Douglas 22.78 4.86 1346 Rotomill 16.22 4.41 Screed 1347 Denver 22.67 8.38 1348 Douglas 29.99 1.40 1349 Tractor 13.13 2.95 TRAFFIC SIGNALIZATION: Groundsman 1350 Denver 17.90 3.41 1351 Douglas 18.67 7.17 TRUCK DRIVER: Distributor 1352 Denver 17.81 5.82 1353 Douglas 16.98 5.27 Dump Truck 1354 Denver 15.27 5.27 1355 Douglas 16.39 5.27 1356 Lowboy Truck 17.25 5.27 1357 Mechanic 26.48 3.50 Multi-Purpose Specialty & Hoisting Truck 1358 Denver 17.49 3.17 1359 Douglas 20.05 2.88 -24- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100019 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod TRUCK DRIVER (con’t.): Pickup and Pilot Car 1360 Denver County 14.24 3.77 1361 Douglas County 16.43 3.68 1362 Semi/Trailer Truck 18.39 4.13 1363 Truck Mounted Attenuator 12.43 3.22 Water Truck 1364 Denver County 26.27 5.27 1365 Douglas County 19.46 2.58 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. ------------------------------------------------------------------------------------------------------------------------------------------------------- END OF GENERAL DECISION NO. CO100019 -25- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION Decision Nos. CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 Modifications ID dated January 06, 2012 supersedes Decision Nos. CO100018, 19, 20, 21, 22, 23, 24, 25 and 26 dated September 30, 2011. 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. MOD Number 1 2 Date 11-18-11 01-06-12 Page Number(s) 14 1, 10, 14, 19, 25, 29, 34, 42 and 50 1 2 General Decision No. CO100020 applies to the following counties: Baca, Bent, Costilla, Crowley, Huerfano, Kiowa, Las Animas, Otero, and Prowers counties. General Decision No. CO100020 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod 1366 CARPENTER (Form Work Only) 24.00 11.28 POWER EQUIPMENT OPERATOR: Power Broom/Sweeper 1367 Under 70 hp 22.97 9.22 1368 70 hp and over 23.67 9.22 Drill Rig Caisson 1369 Smaller than Watson 2500 and similar 23.67 9.22 1370 Watson 2500 similar or larger 23.97 9.22 Crane 1371 50 tons and under 23.82 9.22 1372 51 - 90 tons 23.97 9.22 1373 91 - 140 tons 24.12 9.22 General Decision No. CO100020 The wage and fringe benefits listed below do not reflect collectively bargained rates. 1374 CARPENTER (Excludes Form Work) 18.96 3.18 CEMENT MASON/CONCRETE FINISHER: 1375 Baca, Bent, Costilla, Crowley, Huerfano, Kiowa, Otero, Prowers 17.70 2.53 1376 Las Animas 17.24 2.85 1377 ELECTRICIAN 28.06 8.76 HIGHWAY/PARKING LOT STRIPING: 1378 Truck Driver (Line Striping Truck) 14.60 3.49 1379 Painter 13.92 3.07 -26- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100020 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod IRONWORKER: 1380 Reinforcing 16.94 6.77 1381 Structural 16.76 6.01 LABORER: Common or General 1382 Baca, Bent, Costilla, Crowley, Huerfano, Kiowa, Otero, Prowers 14.48 3.53 1383 Las Animas 14.52 3.53 1384 Concrete Saw (Hand Held) 16.00 6.14 1385 Landscape and Irrigation 15.37 3.16 1386 Mason Tender - Cement/Concrete 12.44 3.10 1387 Traffic Control (Flagger) 9.42 3.21 1388 Traffic Control (Sets Up/Moves Barrels, Cones, Installs signs, Arrow Boards and Place Stationary Flags), (Excludes Flaggers) 12.39 3.20 1389 PAINTER (Spray Only) 17.54 3.52 POWER EQUIPMENT OPERATOR: 1390 Asphalt Laydown 24.17 6.73 1391 Asphalt Paver 22.67 8.72 1392 Asphalt Plant 21.13 2.16 1393 Asphalt Roller 23.14 7.51 1394 Asphalt Spreader 23.19 7.66 Backhoe/Trackhoe 1395 Baca, Bent, Costilla, Crowley, Huerfano, Kiowa, Otero, Prowers 23.19 4.18 1396 Las Animas 24.70 3.40 -27- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100020 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con’t): 1397 Bobcat/Skid Loader 18.43 3.12 1398 Bulldozer 26.65 4.46 1399 Chipper 22.04 8.26 1400 Drill 20.49 2.66 1401 Forklift 18.30 5.01 Grader/Blade 1402 Baca, Bent, Costilla, Crowley, Huerfano, Kiowa, Otero, Prowers 18.40 4.20 1403 Las Animas 18.88 3.14 1404 Guardrail/Post Driver 16.07 4.41 Loader (Front End) 1405 Baca, Bent, Costilla, Crowley, Huerfano, Kiowa, Otero, Prowers 23.58 6.66 1406 Las Animas 23.56 5.93 1407 Mechanic 18.91 4.20 1408 Oiler 22.54 9.22 1409 Roller/Compactor (Dirt and Grade Compaction) 17.78 2.83 1410 Scraper 19.93 5.38 1411 Screed 16.21 3.76 1412 Tractor 16.83 2.95 TRUCK DRIVER: 1413 Distributor 17.98 5.27 1414 Dump Truck 17.61 2.69 Lowboy Truck 1415 Baca, Bent, Costilla, Crowley, Huerfano, Kiowa, Otero, Prowers 19.95 3.36 1416 Las Animas 19.77 3.25 -28- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100020 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Code Code Code Code TRUCK DRIVER, (con’t): 1417 Mechanic 17.79 3.51 1418 Multi-Purpose Specialty & Hoisting Truck 18.89 3.49 1419 Pickup and Pilot Car 14.04 3.49 1420 Semi Truck 17.58 4.67 1421 Water Truck 14.88 2.07 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. ------------------------------------------------------------------------------------------------------------------------------------------------------- END OF GENERAL DECISION NO. CO100020 -29- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION Decision Nos. CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 Modifications ID dated January 06, 2012 supersedes Decision Nos. CO100018, 19, 20, 21, 22, 23, 24, 25 and 26 dated September 30, 2011. 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. MOD Number 1 2 Date 11-18-11 01-06-12 Page Number(s) 14 1, 10, 14, 19, 25, 29, 34, 42 and 50 1 2 General Decision No. CO100021 applies to the following counties: Cheyenne, Kit Carson, Lincoln, Logan, Morgan, Phillips, Sedgwick, Washington, and Yuma counties. General Decision No. CO100021 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR: Power Broom/Sweeper 1422 Under 70 hp 22.97 9.22 1423 70 hp and over 23.67 9.22 1424 Boom - - Drill Rig Caisson 1425 Smaller than Watson 2500 and similar 23.67 9.22 1426 Watson 2500 similar or larger 23.97 9.22 Asphalt Screed 1427 Kit Carson 23.67 9.22 Crane 1428 50 tons and under 23.82 9.22 1429 51 - 90 tons 23.97 9.22 1430 91 - 140 tons 24.12 9.22 LABORER: Common or General 1431 Kit Carson 16.05 6.89 TRUCK DRIVER: Dump Truck 1432 Kit Carson - - -30- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100021 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod CARPENTER: 1433 Excludes Form Work 18.96 3.18 Form Work Only 1434 Cheyenne, Kit Carson, Logan, Morgan, Phillips, Sedgwick, Washington, Yuma 20.28 4.50 1435 Lincoln 20.98 3.89 CEMENT MASON/CONCRETE FINISHER: 1436 Cheyenne, Logan, Morgan, Phillips, Sedgwick, Washington, Yuma 19.22 2.74 1437 Kit Carson 17.98 2.53 1438 Lincoln 21.00 1.40 1439 ELECTRICIAN 28.06 8.76 HIGHWAY/PARKING LOT STRIPING: 1440 Truck Driver (Line Striping Truck) 14.60 3.49 1441 Painter 12.90 3.07 1442 IRONWORKER: 1443 Reinforcing 21.12 3.89 1444 Structural 16.76 6.01 LABORER: Asphalt Raker 1445 Cheyenne, Kit Carson, Lincoln, Logan, Morgan, Phillips, Washington, Yuma 17.02 5.79 1446 Sedgwick 15.79 4.87 1447 Asphalt Spreader 22.67 8.72 Common or General 1448 Cheyenne, Kit Carson, Lincoln, Logan, Morgan, Phillips, Sedgwick, Washington, Yuma 12.44 3.53 1449 Concrete Saw (Hand Held) 16.00 6.14 1450 Landscape and Irrigation 12.81 3.16 1451 Mason Tender - Cement/Concrete 14.71 3.29 -31- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100021 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod LABORER (con’t): Traffic Control 1452 Flagger 9.42 3.21 1453 Sets Up/Moves Barrels, Cones, Installs signs, Arrow Boards and Place Stationary Flags, (Excludes Flaggers) 12.39 3.20 1454 PAINTER (Spray Only) 17.54 3.52 POWER EQUIPMENT OPERATOR: 1455 Asphalt Laydown 24.56 6.68 1456 Asphalt Paver 22.67 8.72 1457 Asphalt Plant 21.13 2.16 Asphalt Roller 1458 Cheyenne, Kit Carson, Lincoln, Logan, Morgan, Phillips, Washington, Yuma 23.79 7.59 1459 Sedgwick 23.92 9.22 1460 Asphalt Spreader 23.19 7.66 Backhoe/Trackhoe 1461 Cheyenne, Lincoln, Logan, Morgan, Phillips, Sedgwick, Washington, Yuma 25.88 4.18 1462 Kit Carson 28.64 1.40 1463 Bobcat/Skid Loader 20.79 5.36 1464 Bulldozer 29.99 2.90 1465 Chipper 22.04 8.26 1466 Drill 20.49 2.66 1467 Forklift 18.30 2.01 1468 Grader/Blade 19.02 4.20 1469 Guardrail/Post Driver 16.07 4.41 Loader (Front End) 1470 Cheyenne, Kit Carson, Lincoln, Logan, Morgan, Phillips, Washington, Yuma 27.22 5.85 1471 Sedgwick 27.48 4.87 -32- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100021 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con’t.): Mechanic 1472 Cheyenne, Lincoln, Logan, Morgan, Phillips, Washington, Yuma 20.52 5.49 1473 Kit Carson 16.74 4.20 1474 Sedgwick 21.09 4.87 1475 Oiler 22.54 9.22 1476 Roller/Compactor (Dirt and Grade Compaction) 16.52 4.87 1477 Scraper 19.93 5.38 Screed 1478 Cheyenne, Kit Carson, Lincoln, Logan, Morgan, Phillips, Sedgwick, Washington, Yuma 21.30 6.40 1479 Tractor 16.83 2.95 TRUCK DRIVER: 1480 Distributor 17.98 5.27 Dump Truck 1481 Cheyenne, Kit Carson, Logan, Morgan, Phillips, Washington, Yuma 18.52 5.96 1482 Lincoln 14.15 3.83 1483 Sedgwick 18.92 6.19 1484 Lowboy Truck 18.29 4.87 1485 Mechanic 17.79 3.51 1486 Multi-Purpose Specialty & Hoisting Truck 18.79 3.49 1487 Pickup and Pilot Car 14.04 3.49 Semi Truck 1488 Cheyenne, Kit Carson, Lincoln, Morgan 17.58 4.67 1489 Logan, Phillips, Sedgwick, Washington, Yuma 15.80 4.67 1490 Water Truck 14.88 2.07 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental . ====================================================================================== === -33- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION ====================================================================================== 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. ------------------------------------------------------------------------------------------------------------------------------------------------------- END OF GENERAL DECISION NO. CO100021 -34- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION Decision Nos. CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 Modifications ID dated January 06, 2012 supersedes Decision Nos. CO100018, 19, 20, 21, 22, 23, 24, 25 and 26 dated September 30, 2011. 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. MOD Number 1 2 Date 11-18-11 01-06-12 Page Number(s) 14 1, 10, 14, 19, 25, 29, 34, 42 and 50 1 2 General Decision No. CO100022 applies to the following counties: Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Fremont, Gunnison, Hinsdale, La Plata, Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, and San Miguel counties. General Decision No. CO100022 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod 1491 CARPENTER (Excludes Form Work) 24.00 11.28 POWER EQUIPMENT OPERATOR: Drill Rig Caisson 1492 Smaller than Watson 2500 and similar 23.67 9.22 1493 Watson 2500 similar or larger 23.97 9.22 Mechanic 1494 La Plata County 23.82 9.22 General Decision No. CO100022 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod CARPENTER: Form Work Only 1495 Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Fremont, Gunnison, Hinsdale, Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 18.57 5.38 1496 La Plata 18.60 5.38 CEMENT MASON/CONCRETE FINISHER: 1497 Alamosa, Archuleta, Conejos, Custer, Delta, Dolores, Fremont, Gunnison, Hinsdale, Mineral, Montezuma, Ouray, Rio Grande, Saguache, San Juan, San Miguel -35- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100022 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod 1501 ELECTRICIAN 28.06 8.76 1502 GUARDRAIL INSTALLER 12.78 3.31 HIGHWAY/PARKING LOT STRIPING: 1503 Truck Driver (Line Striping Truck) 14.60 3.49 1504 Painter 12.90 3.07 IRONWORKER: 1505 Reinforcing (Excludes Guardrail Installation) 16.94 6.77 1506 Structural (Excludes Guardrail Installation) 16.76 6.01 LABORER: Asphalt Raker 1507 Alamosa 17.53 3.75 1508 Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Fremont, Gunnison, Hinsdale, Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 16.43 3.42 1509 La Plata 15.38 3.12 Common or General 1510 Alamosa, Chaffee, Montezuma, Montrose 12.44 3.53 1511 Archuleta, Conejos, Custer, Delta, Dolores, Gunnison, Hinsdale, Ouray, Rio Grande, Saguache, San Miguel 13.70 3.53 1512 Fremont 15.19 3.00 1513 La Plata 14.07 3.53 1514 Mineral 14.84 3.53 1515 San Juan 13.73 3.53 1516 Concrete Saw (Hand Held) 16.00 6.14 Landscape and Irrigation 1517 Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Fremont, Gunnison, Hinsdale, Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 14.02 3.16 1518 La Plata 13.54 3.16 -36- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100022 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod LABORER (con’t): Mason Tender - Cement/Concrete 1519 Alamosa, Archuleta, Conejos, Custer, Delta, Dolores, Fremont, Gunnison, Hinsdale, Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 14.59 3.10 1520 Chaffee 12.44 3.10 1521 La Plata 15.67 3.10 Traffic Control 1522 Flagger 9.42 3.21 1523 Sets Up/Moves Barrels, Cones, Installs signs, Arrow Boards and Place Stationary Flags, (Excludes Flaggers) 12.39 3.20 1524 PAINTER (Spray Only) 17.54 3.52 POWER EQUIPMENT OPERATOR: Asphalt Laydown 1525 Alamosa, La Plata 22.67 8.72 1526 Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Fremont, Gunnison, Hinsdale, Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 23.13 8.64 1527 Asphalt Paver 22.67 8.72 1528 Asphalt Plant 17.23 4.07 Asphalt Roller 1529 Alamosa 21.67 8.22 1530 Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Fremont, Gunnison, Hinsdale, Mineral, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 22.77 8.36 1531 La Plata 22.68 7.30 1532 Montezuma 22.67 8.72 1533 Asphalt Spreader 22.67 8.72 -37- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100022 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con’t): Backhoe/Trackhoe 1534 Alamosa 21.03 3.75 1535 Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Fremont, Gunnison, Hinsdale, Mineral, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 19.75 3.75 1536 La Plata 19.79 5.13 1537 Mineral 19.17 5.53 1538 Montezuma 16.42 4.42 Bobcat/Skid Loader 1539 Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Fremont, Gunnison, Hinsdale, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 18.20 4.54 1540 La Plata 19.98 4.88 1541 Mineral 17.94 4.62 Broom/Sweeper 1542 Alamosa 20.67 9.22 1543 Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Fremont, Gunnison, Hinsdale, La Plata, Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 21.70 9.22 Bulldozer 1544 Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Gunnison, Hinsdale, Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 23.28 9.22 1545 Fremont 23.67 9.22 1546 La Plata 23.57 8.72 1547 Chipper 22.04 8.26 Crane 1548 Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Fremont, Gunnison, Hinsdale, Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 25.01 8.22 1549 La Plata 25.21 8.22 -38- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100022 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con’t.): 1550 Drill 20.84 2.66 1551 Forklift 18.30 5.01 1552 Grade Checker 23.91 7.89 Grader/Blade 1553 Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Gunnison, Hinsdale, Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 16.39 4.20 1554 Fremont 19.68 3.37 1555 La Plata 19.83 4.20 1556 Guardrail/Post Driver 16.07 4.41 Loader (Front End) 1557 Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Gunnison, Hinsdale, Mineral, Montrose, Ouray, Rio Grande, Saguache, San Juan 23.38 8.22 1558 Fremont 23.67 9.22 1559 La Plata 23.36 7.09 1560 Montezuma 22.82 8.72 1561 San Miguel 23.82 9.22 Mechanic 1562 Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Gunnison, Hinsdale, La Plata, Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 16.74 4.20 1563 Fremont 18.79 3.51 Oiler 1564 Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Gunnison, Hinsdale, Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, 22.97 7.88 1565 Fremont 22.97 8.56 1566 La Plata 24.08 5.49 1567 San Miguel 22.97 9.22 -39- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100022 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con’t.): Roller/Compactor (Dirt and Grade Compaction) 1568 Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Gunnison, Hinsdale, Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 19.24 4.96 1569 Fremont 16.52 5.28 1570 La Plata 18.33 2.98 1571 Rotomill 16.28 4.41 1572 Scraper 17.62 2.96 Screed 1573 Alamosa 20.33 6.81 1574 Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Fremont, Gunnison, Hinsdale, Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 19.58 4.96 1575 La Plata 17.86 2.75 1576 Tractor 15.08 2.95 TRAFFIC SIGNALIZATION: 1577 Groundsman 17.04 2.28 TRUCK DRIVER: Distributor 1578 Alamosa 18.40 4.51 1579 Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Fremont, Gunnison, Hinsdale, La Plata, Mineral, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 17.62 5.27 1580 Montezuma 15.80 5.27 -40- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100022 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod TRUCK DRIVER (con’t.): Dump Truck 1581 Alamosa 14.15 3.83 1582 Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Gunnison, Hinsdale, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 16.56 4.03 1583 Fremont 16.55 4.34 1584 La Plata 16.90 3.83 1585 Mineral 16.97 4.61 1586 Lowboy Truck 17.25 5.84 1587 Mechanic 17.79 3.51 1588 Multi-Purpose Specialty & Hoisting Truck 14.60 3.49 Pickup and Pilot Car 1589 Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Fremont, Gunnison, Hinsdale, Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 14.04 3.49 1590 La Plata 15.47 3.49 Semi Truck 1591 Alamosa, Archuleta, Chaffee, Gunnison, Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 19.42 5.41 1592 Conejos, Custer, Delta, Dolores, Fremont, Hinsdale, La Plata 17.25 5.41 Water Truck 1593 Alamosa 17.58 3.75 1594 Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Gunnison, Hinsdale, Mineral, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 16.75 3.04 1595 Fremont 16.15 3.14 1596 La Plata 17.67 3.43 1597 Montezuma 14.88 2.07 -41- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION 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. ------------------------------------------------------------------------------------------------------------------------------------------------------- END OF GENERAL DECISION NO. CO100022 -42- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION Decision Nos. CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 Modifications ID dated January 06, 2012 supersedes Decision Nos. CO100018, 19, 20, 21, 22, 23, 24, 25 and 26 dated September 30, 2011. 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. MOD Number 1 2 Date 11-18-11 01-06-12 Page Number(s) 14 1, 10, 14, 19, 25, 29, 34, 42 and 50 1 2 General Decision No. CO100023 applies to the following counties: Eagle, Garfield, Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt and Summit counties. General Decision No. CO100023 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod 1598 CARPENTER (Excludes Form Work) 24.00 11.28 TRAFFIC SIGNALIZATION: SUMMIT COUNTY Traffic Signal Installation 1599 Zone 1 26.42 4.75% + 8.68 1600 Zone 2 29.42 4.75% + 8.68 Traffic Installer Zone Definitions Zone 1 – Within a 35 mile radius measured from the addresses of the following cities: Colorado Springs - Nevada & Bijou Denver - Ellsworth Avenue & Broadway Ft. Collins - Prospect & College Grand Junction - 12th & North Avenue Pueblo - I-25 & Highway 50 Zone 2 - All work outside these areas. POWER EQUIPMENT OPERATOR: Drill Rig Caisson 1601 Smaller than Watson 2500 and similar 23.67 9.22 1602 Watson 2500 similar or larger 23.97 9.22 IRONWORKER: Structural 1603 Garfield 23.80 18.07 -43- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100023 The wage and fringe benefits listed below do not reflect collectively bargained rates. CARPENTER (Form Work Only): 1604 Eagle, Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt, Summit 15.92 5.38 1605 Garfield 19.55 4.09 CEMENT MASON/CONCRETE FINISHER: 1606 Eagle 17.59 2.85 1607 Garfield 17.27 2.16 1608 Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt 18.23 2.85 1609 Summit 15.55 2.85 ELECTRICIAN: 1610 Excludes Traffic Signalization 28.06 8.76 Traffic Signalization Electrician 1611 Eagle, Garfield, Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt, Summit 28.24 8.52 Traffic Signalization Groundsman 1612 Eagle, Garfield, Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt 15.93 4.01 1613 Summit 16.75 4.10 GUARDRAIL INSTALLER: 1614 Eagle 12.78 3.46 1615 Garfield, Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt, Summit 12.78 3.31 HIGHWAY/PARKING LOT STRIPING: 1616 Truck Driver (Line Striping Truck) 14.60 3.49 Painter 1617 Eagle, 13.85 3.07 1618 Garfield, Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt, Summit 13.97 3.07 IRONWORKER: Excludes Guardrail Installation 1619 Reinforcing 16.94 6.77 1620 Structural 22.22 6.01 -44- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100023 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod LABORER: Asphalt Raker 1621 Eagle 16.36 3.26 1622 Garfield 18.66 3.53 1623 Grand 17.90 3.02 1624 Jackson, Lake, Moffatt, Routt 17.75 3.75 1625 Pitkin 17.50 3.75 1626 Rio Blanco 18.97 3.75 1627 Summit 16.77 3.26 Common or General 1628 Eagle, Garfield, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt, Summit 12.44 3.53 1629 Grand 19.14 3.53 1630 Concrete Saw (Hand Held) 16.00 6.14 Landscape and Irrigation 1631 Eagle 14.84 3.16 1632 Garfield, Grand, Jackson, Lake, Moffatt, Rio Blanco, Routt 13.54 3.16 1633 Pitkin 14.16 3.16 1634 Summit 13.09 3.16 Mason Tender - Cement/Concrete 1635 Eagle, Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt, Summit 12.44 3.10 1636 Garfield 14.87 3.10 Traffic Control 1637 Flagger 9.42 3.21 Sets Up/Moves Barrels, Cones, Installs signs, Arrow Boards and Place Stationary Flags, (Excludes Flaggers) 1638 Eagle, Garfield, Grand, Lake, Moffat, Pitkin, Rio Blanco, Routt, Summit 12.39 3.20 1639 Jackson 12.93 3.22 -45- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100023 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod PAINTER: (Spray Only) 1640 Eagle 17.49 3.52 1641 Garfield, Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt 17.54 3.52 1642 Summit 19.96 3.52 POWER EQUIPMENT OPERATOR: Asphalt Laydown 1643 Eagle, Summit 22.67 8.72 1644 Garfield, Grand, Jackson, Lake, Moffat, Pitkin, Routt 24.09 7.93 1645 Rio Blanco 23.67 9.22 1646 Asphalt Paver 22.67 8.72 1647 Asphalt Plant 19.27 4.47 Asphalt Roller 1648 Eagle 23.01 8.72 1649 Garfield, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt, Summit 23.15 8.07 1650 Grand 22.67 8.72 1651 Asphalt Spreader 25.61 6.96 Backhoe/Trackhoe 1652 Eagle 22.56 7.02 1653 Garfield 19.40 4.42 1654 Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt 22.92 6.15 1655 Summit 24.30 5.75 Bobcat/Skid Loader 1656 Eagle 18.25 4.32 1657 Garfield 24.63 0.00 1658 Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt 21.04 5.18 1659 Summit 19.77 4.28 -46- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100023 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con’t.): Broom/Sweeper 1660 Eagle 23.35 7.78 1661 Garfield, Jackson, Lake, Moffat, Pitkin, Routt 21.92 7.66 1662 Grand 21.67 8.22 1663 Rio Blanco 21.66 0.00 1664 Summit 22.67 8.72 1665 Bulldozer 26.78 7.05 1666 Chipper 22.04 8.26 1667 Crane 23.82 9.22 1668 Drill 20.84 2.66 1669 Forklift 18.30 5.01 1670 Grade Checker 23.82 9.22 1671 Grader/Blade 23.05 6.45 1672 Guardrail/Post Driver 16.07 4.41 Loader (Front End) 1673 Eagle 24.98 7.55 1674 Garfield 21.93 9.22 1675 Grand, Pitkin, 22.67 8.72 1676 Jackson, Lake, Moffatt, Routt 24.07 7.92 1677 Rio Blanco 23.67 9.22 1678 Summit 25.88 7.01 Mechanic 1679 Eagle, Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt, Summit 23.31 3.93 1680 Garfield 19.80 4.20 Oiler 1681 Eagle 23.82 7.62 1682 Garfield, Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt, Summit 24.04 7.77 -47- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100023 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con’t.): Roller/Compactor (Dirt and Grade Compaction) 1683 Eagle, Garfield, Grand, Jackson, Lake, Moffat, Pitkin, Routt 22.72 5.98 1684 Rio Blanco 23.67 9.22 1685 Summit 24.38 6.11 Rotomill 1686 Eagle 18.86 4.41 1687 Garfield, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt 20.70 4.41 1688 Grand 23.48 4.41 1689 Summit 16.28 4.41 1690 Scraper 20.60 7.99 Screed 1691 Eagle 17.04 3.98 1692 Garfield, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt, Summit 23.76 5.05 1693 Grand 23.29 4.05 1694 Tractor 15.08 2.95 -48- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100023 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod TRUCK DRIVER: Distributor 1695 Eagle, Garfield, Grand, Jackson, Lake, Moffat, Pitkin, Routt, Summit 19.07 4.35 1696 Rio Blanco 15.80 5.27 Dump Truck 1697 Eagle 16.17 3.83 1698 Garfield 16.29 3.83 1699 Grand, Jackson, Lake, Moffat, Routt 17.79 4.02 1700 Pitkin 20.13 4.15 1701 Rio Blanco 17.26 4.63 1702 Summit 15.27 5.27 Lowboy Truck 1703 Eagle 18.89 4.56 1704 Garfield, Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt, Summit 18.43 4.56 1705 Mechanic 17.79 3.51 1706 Multi-Purpose Specialty & Hoisting Truck 14.60 3.49 1707 Pickup and Pilot Car 14.04 3.49 1708 Semi Truck 20.72 0.00 Water Truck 1709 Eagle 23.05 2.90 1710 Garfield 21.00 5.88 1711 Grand 21.19 3.01 1712 Jackson, Lake, Moffatt, Pitkin, Routt, Summit 20.39 3.43 1713 Rio Blanco 17.25 3.75 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)). -49- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION ------------------------------------------------------------------------------------------------------------------------------------------------------- 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. ------------------------------------------------------------------------------------------------------------------------------------------------------- END OF GENERAL DECISION NO. CO100023 -50- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION Decision Nos. CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 Modifications ID dated January 06, 2012 supersedes Decision Nos. CO100018, 19, 20, 21, 22, 23, 24, 25 and 26 dated September 30, 2011. 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. MOD Number 1 2 Date 11-18-11 01-06-12 Page Number(s) 14 1, 10, 14, 19, 25, 29, 34, 42 and 50 1 2 General Decision No. CO100024 applies to the following counties: Larimer, Mesa, and Weld counties. General Decision No. CO100024 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 23.67 9.22 1715 Watson 2500 similar or larger 23.97 9.22 Oiler 1716 Weld 23.82 9.22 General Decision No. CO100024 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 15.54 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 -51- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100024 The wage and fringe benefits listed below do not reflect collectively 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 -52- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100024 The wage and fringe benefits listed below do not reflect collectively 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 -53- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100024 The wage and fringe benefits listed below do not reflect collectively 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 -54- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100024 The wage and fringe benefits listed below do not reflect collectively 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 16.22 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 -55- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100024 The wage and fringe benefits listed below do not reflect collectively 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. ------------------------------------------------------------------------------------------------------------------------------------------------------- -56- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION ------------------------------------------------------------------------------------------------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION NO. CO100024 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. 2. 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 http://www.coloradodot.info/business/equal- opportunity/training.html 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 eo@dot.state.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/business/bidding/Bidding%20Forms/Bid%20Winner%20Forms 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 Minimum total training hours to be provided on the project Up to 1 million 0 >1 - 2 million 320 >2 - 4 million 640 >4 - 6 million 1280 >6 - 8 million 1600 >8 - 12 million 1920 >12 - 16 million 2240 >16 - 20 million 2560 For each increment of $5 million, over $20 million 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-CDOT 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. February 3, 2011 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: The weekly payrolls submitted by contractors and subcontractors in accordance with Part V., paragraph 2c shall not include full social security numbers and home addresses. 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). Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them to the SHA upon request. February 3, 2011 2 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS FHWA-1273 Electronic version -- March 10, 1994 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS Page I. General 1 II. Nondiscrimination 1 III. Nonsegrated Facilities 3 IV. Payment of Predetermined Minimum Wage 3 V. Statements and Payrolls 6 VI. Record of Materials, Supplies, and Labor 6 VII. GeneralSubletting or Assigning the Contract 7 VIII. Safety: Accident Prevention 7 IX. False Statements Concerning Highway Projects 7 X. Implementation of Clean Air Act and Federal Water Pollution Control Act 8 XI. Certification Regarding Debarment, Suspension Ineligibility, and Voluntary Exclusion 8 XII. Certification Regarding Use of Contract Funds for Lobbying 9 ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) I. GENERAL 1. 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 superin- tendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contrac- tor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accor- dance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 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 DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract, the contractor shall not: February 3, 2011 3 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS 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 minority group employees. 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 minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargain- ing agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will 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. b. 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 EEO contract provisions. (The DOL 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. Information and procedures with regard to referring minority group 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 person- February 3, 2011 4 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL 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 SHA. 8. 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. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. 9. 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 completion of the contract work and shall be available at reasonable times and places for inspection by autho- rized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1) The number 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 opportuni- ties for minorities and women; (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 DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA 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. If on-the job training is being required by special provision, the contractor will be required to collect and report training data. February 3, 2011 5 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. 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. c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classification requested is not performed by a classifi- cation in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contract- ing 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 DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour 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. d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional 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. Said 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 e. The wage rate (including fringe benefits where February 3, 2011 6 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: (1) Except as provided in 29 CFR 5.16, train- ees 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 DOL, Employ- ment and Training Administration. (2) The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. 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 determi- nation 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. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman-level 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-level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. (4) In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor 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. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. February 3, 2011 7 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof 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. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program de- scribed in Section 1(b)(2)(B) of the Davis Bacon Act, the contrac- tor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcon- February 3, 2011 8 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percent- age if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. 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 organiza- tion (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly 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, assignee, or agent of the prime contractor. 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 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 VII 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 require- ments, 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 engineer- ing services) as the SHA contracting officer determines is neces- sary 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 SHA 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 SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. VIII. SAFETY: ACCIDENT PREVENTION 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 SHA contract- ing 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 surround- ings or under conditions which are unsanitary, hazardous or February 3, 2011 9 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS amended (33 U.S.C. 1251 et seq., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such require- ments. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transac- tions: (Applicable to all Federal-aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary 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 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 primary 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 department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary partici- pant 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," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for February 3, 2011 10 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS 2. Where the prospective primary 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 Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) 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 circum- stances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transac- tion," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 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. 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 volun- tarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocure- ment List. 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 1 BID CONTRACT NO. ITEM NO. PLAN AS CONST. PLAN AS CONST. PLAN AS CONST. 1 201-00000 CLEARING AND GRUBBING (ARTHURS DITCH) L S 1 1 2 201-00000 CLEARING AND GRUBBING (SHIELDS BRIDGE) LS 1 1 3 202-00010 REMOVAL OF TREE EACH 4 4 4 202-00019 REMOVAL OF INLET EACH 5 5 5 202-00200 REMOVAL OF SIDEWALK SY 38 229 267 6 202-00203 REMOVAL OF CURB AND GUTTER LF 448 320 768 7 202-00206 REMOVAL OF CONCRETE CURB RAMP SY 13 13 8 202-00210 REMOVAL OF CONCRETE PAVEMENT SY 1,045 1,045 9 202-00220 REMOVAL OF ASPHALT MAT SY 1,127 1,169 2,296 10 202-00250 REMOVAL OF PAVEMENT MARKING LS 1 1 11 202-00400 REMOVAL OF BRIDGE LS 1 1 12 202-00495 REMOVAL OF PORTIONS OF PRESENT STRUCTURE (CONCRETE BOX CULVERT) L S 1 1 13 203-00010 UNCLASSIFIED EXCAVATION (COMPLETE IN PLACE) CY 409 180 589 14 203-00100 MUCK EXCAVATION CY 123 200 323 15 203-01597 POTHOLING (ARTHURS DITCH) LS 1 1 16 203-01597 POTHOLING (SHIELDS BRIDGE) LS 1 1 17 206-00000 STRUCTURE EXCAVATION CY 502 1,502 2,004 18 206-00100 STRUCTURE BACKFILL (CLASS 1) CY 154 1,450 1,604 19 206-00200 STRUCTURE BACKFILL (CLASS 2) CY 58 58 20 206-00520 FILTER MATERIAL (CLASS B) CY 200 200 21 206-01750 SHORING (AREA 1) L S 1 1 22 206-01750 SHORING (AREA 2) L S 1 1 23 208-00002 EROSION LOG (12 INCH) LF 42 675 717 24 208-00034 GRAVEL BAG LF 42 20 62 25 208-00045 CONCRETE WASHOUT STRUCTURE EACH 1 2 3 26 208-00070 VEHICLE TRACKING PAD EACH 1 4 5 27 208-00205 EROSION CONTROL SUPERVISOR (ARTHURS DITCH) LS 1 1 28 208-00205 EROSION CONTROL SUPERVISOR (SHIELDS BRIDGE) LS 1 1 29 210-04010 ADJUST MANHOLE EACH 2 2 30 210-04050 ADJUST VALVE BOX EACH 2 2 31 210-00810 RESET GROUND SIGN EACH 2 2 32 212-00006 SEEDING (NATIVE) ACRE 0.2 0.5 0.7 33 212-00032 SOIL CONDITIONING ACRE 0.2 0.5 0.7 34 212-00100 TREE RETENTION AND PROTECTION (ARTHURS DITCH) LS 1 1 35 212-00100 TREE RETENTION AND PROTECTION (SHIELDS BRIDGE) LS 1 1 36 213-00002 MULCHING (WEED FREE HAY) ACRE 0.2 0.5 0.7 37 214-00230 DECIDUOUS TREE (3 INCH CALIPER) EACH 9 9 38 304-05000 AGGREGATE BASE COURSE (CLASS 5) TON 393 390 783 39 403-32821 HOT MIX ASPHALT (GRADING SG) (100) (PG 58-28) (TEMPORARY PAVEMENT) TON 95 95 40 403-32821 HOT MIX ASPHALT (GRADING SG) (100) (PG 58-28) TON 250 119 369 41 403-33851 HOT MIX ASPHALT (GRADING S) (100) (PG 64-28) TON 125 60 185 42 412-00600 CONCRETE PAVEMENT (6-INCH) SY 23 23 PROJECT - SUMMARY OF APPROXIMATE QUANTITIES CONTRACT ITEM UNIT ARTHURS DITCH SHIELDS BRIDGE TOTALS 2 BID CONTRACT NO. ITEM NO. PLAN AS CONST. PLAN AS CONST. PLAN AS CONST. 43 412-00950 CONCRETE PAVEMENT (9-1/2 INCH) SY 1,098 1,098 44 420-00112 GEOTEXTILE (DRAINAGE) (CLASS 1) SY 264 264 45 420-00133 GEOTEXTILE (SEPARATOR) (CLASS 2) SY 150 150 46 502-00460 PILE TIP EACH 22 22 47 502-11274 STEELL PILING (HP 12X74) LF 803 803 48 506-00218 RIPRAP (18 INCH) CY 240 240 49 506-01020 GEOGRID REINFORCEMENT SY 550 550 50 514-00200 PEDESTRIAN RAILING (STEEL) (SPECIAL) LF 139 139 51 515-00400 CONCRETE SEALER SY 301 301 52 601-03030 CONCRETE CLASS D (BOX CULVERT) CY 444 444 53 601-03040 CONCRETE CLASS D (BRIDGE) CY 493 493 54 601-05540 CONCRETE CLASS HT (DECK TOPPING) CY 36 36 55 601-40300 STRUCTURAL CONCRETE COATING SY 307 307 56 602-00000 REINFORCING STEEL LB 65,546 65,546 57 602-00020 REINFORCING STEEL (EPOXY COATED) LB 68,610 12,126 80,736 58 602-00060 REINFORCING STEEL SPLICE EACH 138 138 59 604-19000 INLET SPECIAL EACH 4 4 60 604-50200 MANHOLE RING AND COVER EACH 2 2 61 606-30010 DECORATIVE COLUMN TYPE 1 EACH 6 6 62 606-30020 DECORATIVE COLUMN TYPE 2 EACH 4 4 63 608-00006 CONCRETE SIDEWALK (6 INCH) SY 129 92 221 64 608-00010 CONCRETE CURB RAMP SY 32 32 65 609-21020 CURB AND GUTTER TYPE 2 (SECTION II-B) LF 421 150 571 66 610-00020 MEDIAN COVER MATERIAL (PATTERNED CONCRETE) SF 1,482 1,482 67 613-00300 3 INCH ELECTRICAL CONDUIT LF 743 743 68 618-00000 PRESTRESSING STEEL BAR LB 2,397 2,397 69 618-06036 PRESTRESSED CONCRETE SLAB (DEPTH GREATER THAN 13 INCHES) SF 4,254 4,254 70 620-00020 SANITARY FACILITY EACH 1 1 2 71 626-00000 MOBILIZATION (ARTHURS DITCH) L S 1 1 72 626-00000 MOBILIZATION (SHIELDS BRIDGE) LS 1 1 73 627-00011 PAVEMENT MARKING PAINT (WATERBORNE) GAL 8 8 74 630-00000 CONSTRUCTION ZONE TRAFFIC CONTROL (ARTHURS DITCH) LS 1 1 75 630-00000 CONSTRUCTION ZONE TRAFFIC CONTROL (SHIELDS BRIDGE) LS 1 1 76 630-00000 FLAGGING HOUR 3,200 3,200 77 630-00007 TRAFFIC CONTROL INSPECTION DAY 30 75 105 78 630-00012 TRAFFIC CONTROL MANAGEMENT DAY 90 200 290 79 630-80359 PORTABLE MESSAGE SIGN PANEL DAY 10 10 80 630-85006 IMPACT ATTENUATOR (SAND FILLED PLASTIC BARREL) (TEMPORARY) EACH 15 15 81 700-70010 F/A MINOR CONTRACT REVISIONS F A 0.5 0.5 1 82 700-70011 F/A PARTNERING FA 0.5 0.5 1 83 700-70016 F/A FUEL COST ADJUSTMENT F A 0.5 0.5 1 84 700-70018 F/A ROADWAY SMOOTHNESS INCENTIVE F A 0.5 0.5 1 85 700-70019 F/A ASPHALT CEMENT COST ADJUSTMENT F A 0.5 0.5 1 86 700-70023 F/A ON-THE-JOB TRAINEE F A 0.5 0.5 1 87 700-70380 F/A EROSION CONTROL F A 0.5 0.5 1 PROJECT - SUMMARY OF APPROXIMATE QUANTITIES CONTRACT ITEM UNIT ARTHURS DITCH SHIELDS BRIDGE TOTALS 3 4 5 6 7 BID CONTRACT NO. ITEM NO. PLAN AS CONST. PLAN AS CONST. PLAN AS CONST. 1 201-00000 CLEARING AND GRUBBING (ARTHURS DITCH) L S 1 1 2 202-00019 REMOVAL OF INLET EACH 5 5 3 202-00200 REMOVAL OF SIDEWALK SY 38 38 4 202-00203 REMOVAL OF CURB AND GUTTER LF 448 448 5 202-00206 REMOVAL OF CURB RAMP SY 13 13 6 202-00210 REMOVAL OF CONCRETE PAVEMENT SY 1045 1,045 7 202-00220 REMOVAL OF ASPHALT MAT SY 1127 1,127 8 202-00495 REMOVAL OF PORTIONS OF PRESENT STRUCTURE (CONCRETE BOX CULVERT) L S 1 1 9 203-00010 UNCLASSIFIED EXCAVATION (COMPLETE IN PLACE) CY 409 409 10 203-01597 POTHOLING (ARTHURS DITCH) LS 1 1 11 203-00100 MUCK EXCAVATION CY 123 123 12 206-00000 STRUCTURE EXCAVATION CY 502 502 13 206-00100 STRUCTURE BACKFILL (CLASS 1) CY 154 154 14 208-00002 EROSION LOG (12 INCH) LF 42 42 15 208-00034 GRAVEL BAG LF 42 42 16 208-00045 CONCRETE WASHOUT STRUCTURE EACH 1 1 17 208-00070 VEHICLE TRACKING PAD EACH 1 1 18 208-00205 EROSION CONTROL SUPERVISOR (ARTHURS DITCH) LS 1 1 19 210-04010 ADJUST MANHOLE EACH 2 2 20 210-0450 ADJUST VALVE BOX EACH 2 2 21 210-00810 RESET GROUND SIGN EACH 2 2 22 212-00006 SEEDING (NATIVE) ACRE 0.2 0.2 23 212-00032 SOILD CONDITIONING ACRE 0.2 0.2 24 212-00100 TREE RETENTION AND PROTECTION (ARTHURS DITCH) LS 1 1 25 213-00002 MULCHING (WEED FREE HAY) ACRE 0.2 0.2 26 304-05000 AGGREGATE BASE COURSE (CLASS 5) TON 393 393 27 304-32821 HOT MIX ASPHALT (GRADING SG) (100) (PG 58-28) TON 250 250 28 403-33851 HOT MIX ASPHALT (GRADING S) (100) (PG 64-28) TON 125 125 29 412-00600 CONCRETE PAVEMENT (6 INCH) SY 23 23 30 412-00950 CONCRETE PAVEMENT (9-1/2 INCH) SY 1098 1,098 31 601-03030 CONCRETE CLASS D (BOX CULVERT) CY 444 444 32 602-00020 REINFORCING STEEL (EPOXY COATED) LB 68,610 68,610 33 604-19000 INLET SPECIAL EACH 4 4 34 604-50200 MANHOLE RING AND COVER EACH 2 2 35 608-00006 CONCRETE SIDEWALK (6 INCH) SY 129 129 36 608-00010 CONCRETE CURB RAMP SY 32 32 37 609-21020 CURB AND GUTTER TYPE 2 (SECTION II-B) LF 421 421 38 620-00020 SANITARY FACILITY EACH 1 1 39 626-00000 MOBILIZATION (ARTHURS DITCH) L S 1 1 40 630-00000 CONSTRUCTION ZONE TRAFFIC CONTROL (ARTHURS DITCH) LS 1 1 41 630-00007 TRAFFIC CONTROL INSPECTION DAY 30 30 42 630-00012 TRAFFIC CONTROL MANAGEMENT DAY 90 90 PROJECT - SUMMARY OF APPROXIMATE QUANTITIES CONTRACT ITEM UNIT ROADWAY BRIDGE TOTALS 8 BID CONTRACT NO. ITEM NO. PLAN AS CONST. PLAN AS CONST. PLAN AS CONST. 43 700-70010 F/A MINOR CONTRACT REVISIONS F A 0.5 0.5 44 700-70011 PARTNERING FA 0.5 0.5 45 700-70016 F/A FUEL COST ADJUSTMENT F A 0.5 0.5 46 700-70018 FA ROADWAY SMOOTHNESS INCENTIVE FA 0.5 0.5 47 700-70019 F/A ASPHALT CEMENT COST ADJUSTMENT F A 0.5 0.5 48 700-70023 F/A ON-THE JOB TRAINEE F A 0.5 0.5 49 700-70380 F/A EROSION CONTOL F A 0.5 0.5 PROJECT - SUMMARY OF APPROXIMATE QUANTITIES CONTRACT ITEM UNIT ROADWAY BRIDGE TOTALS 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 BID CONTRACT NO. ITEM NO. PLAN AS CONST. PLAN AS CONST. PLAN AS CONST. 1 201-00000 CLEARING AND GRUBBING (SHIELDS BRIDGE) LS 1 1 2 202-00010 REMOVAL OF TREE EA 4 4 3 202-00200 REMOVAL OF SIDEWALK SY 229 229 4 202-00203 REMOVAL OF CURB & GUTTER LF 320 320 5 202-00220 REMOVAL OF ASPHALT MAT SY 1,169 1,169 6 202-00250 REMOVAL OF PAVEMENT MARKING LS 1 1 7 202-00400 REMOVAL OF BRIDGE LS 1 1 8 203-00000 UNCLASSIFIED EXCAVATION (COMPLETE IN PLACE) CY 180 180 9 203-00100 MUCK EXCAVATION CY 200 200 10 203-01597 POTHOLING (SHIELDS BRIDGE) LS 1 1 11 206-00000 STRUCTURE EXCAVATION CY 1,502 1,502 12 206-00100 STRUCTURE BACKFILL (CLASS 1) CY 1,450 1,450 13 206-00200 STRUCTURE BACKFILL (CLASS 2) CY 58 58 14 206-00520 FILTER MATERIAL (CLASS B) CY 200 200 15 206-01750 SHORING (AREA 1) LS 1 1 16 206-01750 SHORING (AREA 2) LS 1 1 17 208-00002 EROSION LOG (12 INCH) LF 675 675 18 208-00034 GRAVEL BAG LF 20 20 19 208-00045 CONCRETE WASHOUT STRUCTURE EA 2 2 20 208-00070 VEHICLE TRACKING PAD EA 4 4 21 208-00205 EROSION CONTROL SUPERVISOR (SHIELDS STREET) LS 1 1 22 212-00006 SEEDING (NATIVE) ACRE 0.5 0.5 23 212-00032 SOIL CONDITIONING ACRE 0.5 0.5 24 212-00100 TREE RETENTION AND PROTECTION (SHIELDS BRIDGE) LS 1 1 25 213-00002 MULCHING (WEED FREE HAY) ACRE 0.5 0.5 26 214-00230 DECIDUOUS TREE (3 INCH CALIPER) EA 9 9 27 304-05000 AGGREGATE BASE COURSE (CLASS 5) TON 390 390 28 403-32821 HOT MIX ASPHALT (GRADING SG) (100) (PG 58-28) (TEMPORARY PAVEMENT) TON 95 95 29 403-32821 HOT MIX ASPHALT (GRADING SG) (100) (PG 58-28) TON 119 119 30 403-33851 HOT MIX ASPHALT (GRADING S) (100) (PG 64-28) TON 60 60 31 420-00112 GEOTEXTILE (DRAINAGE) (CLASS 1) SY 264 264 32 420-00133 GEOTEXTILE (SEPARATOR) (CLASS 2) SY 150 150 33 502-00460 PILE TIP EA 22 22 34 502-11274 STEEL PILING (HP 12X74) LF 803 803 35 506-00218 RIPRAP (18 INCH) CY 240 240 36 506-01020 GEOGRID REINFORCEMENT SY 550 550 37 514-00200 PEDESTRIAN RAILING (STEEL) (SPECIAL) LF 139 139 38 515-00400 CONCRETE SEALER SY 301 301 39 601-03040 CONCRETE CLASS D (BRIDGE) CY 493 493 40 601-05540 CONCRETE CLASS HT (DECK TOPPING) CY 36 36 41 601-40300 STRUCTURAL CONCRETE COATING SY 307 307 42 602-00000 REINFORCING STEEL LB 65,546 65,546 SUMMARY OF APPROXIMATE QUANTITIES ROADWAY TOTALS CONTRACT ITEM UNIT BRIDGE 30 BID CONTRACT NO. ITEM NO. PLAN AS CONST. PLAN AS CONST. PLAN AS CONST. 43 602-00020 REINFORCING STEEL (EPOXY COATED) LB 12,126 12,126 44 602-00060 REINFORCING STEEL SPLICE EA 138 138 45 606-30010 DECORATIVE COLUMN TYPE 1 EA 6 6 46 606-30020 DECORATIVE COLUMN TYPE 2 EA 4 4 47 608-00006 CONCRETE SIDEWALK (6 INCH) SY 92 92 48 609-21020 CURB AND GUTTER TYPE 2 (SECTION II-B) LF 150 150 49 610-00020 MEDIAN COVER MATERIAL (PATTERNED CONCRETE) SF 1,482 1,482 50 613-00300 3 INCH ELECTRICAL CONDUIT LF 743 743 51 618-00000 PRESTRESSING STEEL BAR LB 2,397 2,397 52 618-06036 PRESTRESSED CONCRETE SLAB (DEPTH GREATER THAN 13 INCHES) SF 4,254 4,254 53 620-00020 SANITARY FACILITY EA 1 1 54 626-00000 MOBILIZATION LS 1 1 55 627-00011 PAVEMENT MARKING PAINT (WATERBORNE) GAL 8 8 56 630-00000 CONSTRUCTION ZONE TRAFFIC CONTROL (SHIELDS BRIDGE) LS 1 1 57 630-00000 FLAGGING HR 3,200 3,200 58 630-00007 TRAFFIC CONTROL INSPECTION DAY 75 75 59 630-00012 TRAFFIC CONTROL MANAGEMENT DAY 200 200 60 630-80359 PORTABLE MESSAGE SIGN PANEL DAY 10 10 61 630-85006 IMPACT ATTENUATOR (SAND FILLED PLASTIC BARREL) (TEMPORARY) EA 15 15 62 700-00010 F/A MINOR CONTRACT REVISIONS FA 0.5 0.5 63 700-70011 F/A PARTNERING FA 0.5 0.5 64 700-70016 F/A FUEL COST ADJUSTMENT FA 0.5 0.5 65 700-70018 F/A ROADWAY SMOOTHNESS INCENTIVE FA 0.5 0.5 66 700-70019 F/A ASPHALT CEMENT COST ADJUSTMENT FA 0.5 0.5 67 700-70023 F/A ON-THE-JOB TRAINEE FA 0.5 0.5 68 700-70380 F/A EROSION CONTROL FA 0.5 0.5 SUMMARY OF APPROXIMATE QUANTITIES ROADWAYTOTALS CONTRACTUNIT ITEM BRIDGE 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 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 Covered Transactions: 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 participation in this transaction 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. * * * * * XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (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 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 his or her bid or proposal that he or she 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. assistance in obtaining a copy of those regulations. f. The prospective primary 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 primary participant further agrees by submitting this proposal that it will include the clause titled "Certifi- cation Regarding Debarment, Suspension, Ineligibility and Volun- tary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 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 volun- tarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocure- ment portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. I. 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. 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. * * * * * Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement 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; c. 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 1b of this certification; and d. Have not within a 3-year period preceding this applica- tion/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 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. 333). 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. 333). IX.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 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 misrepre- sentation 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, the following notice 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: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 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 represen- tation, 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 repre- sentation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 21, 1916, (39 Stat. 355), as amended and supple- mented; Shall be fined not more that $10,000 or imprisoned not more than 5 years or both." X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal-aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as tractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such 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 the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. 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 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, 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 SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions 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. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal-aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 5. 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 require- ments 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 apprentic- es and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor 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, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, em- ployed 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 SHA contracting officer 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. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employ- ment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watch- man, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one-and-one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her 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, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies 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 8 above. V. STATEMENTS AND PAYROLLS appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. 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 or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a 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. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) 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 DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/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 Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to journeyman-level employees 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 employee 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 listed in 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 or subcontractor 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-level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. (3) 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 journeyman-level 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 for the Wage and Hour Division determines that a different practice III. NONSEGREGATED FACILITIES (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal-aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transpor- tation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and laborers 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 (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determi- nation of the Secretary of Labor (hereinafter "the wage determi- nation") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) 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. For the purpose of this Section, contributions made or costs reason- ably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, 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 nel actions in depth to determine whether there is evidence of discrimi- nation. 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 contractor 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 com- plaints, and will take appropriate corrective action within a reason- able 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. 6. 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 require- ments and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., appren- ticeship, 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 appren- ticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance require- ments 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. 7. 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 within the unions, and to effect referrals by such unions of minority and female employees. 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 best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for member- ship 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 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 SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contrac- tor with a reasonable flow of minority and women 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 a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. II. NONDISCRIMINATION (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) 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 and 41 CFR 60) and orders of the Secretary of Labor as modified by the 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 Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American 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 State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will accept as his 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, preapprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO 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 dis- charge 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 contractu- al 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 17.67 2.85 1498 Chaffee 15.55 2.85 1499 La Plata 18.99 2.85 1500 Montrose 16.95 2.85 to bid opening will count as Good Faith Efforts consistent with the instructions on CDOT Form #714. I. Complete the following table to document sufficient bid items identified as subcontract work to be performed by UDBEs to achieve the contract goal. This includes, where appropriate, breaking out contract work items into economically feasibly units to facilitate DBE participation, even when the Contractor might otherwise prefer to perform these work items with its own forces. The total percentage of subcontract items identified for UDBE participation must equal or exceed the percentage UDBE goal set by CDOT. Closest Matching CDOT Bid Item # DBE Work Code Description DBE Work Code From DBE Directory Actual % Amount Of Final Contract DBE DIRECTORY WORK CODES Original - Business Programs Office THIS FORM IS CONFIDENTIAL - Previous editions may not be used CDOT Form 718 - Page 1 of 2 1/06 initiates DRB 30/ 45 days – 0.8 – 1.6 Note: AI MS-2 = Asphalt Institute Manual Series 2 Note: The current version of CPL 5115 is available from the Region Materials Engineer. 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 ¾ inch or smaller are considered a coarse gradation if they pass below the maximum density line at the #8 screen. to bid opening will count as Good Faith Efforts consistent with the instructions on CDOT Form #714. I. Complete the following table to document sufficient bid items identified as subcontract work to be performed by UDBEs to achieve the contract goal. This includes, where appropriate, breaking out contract work items into economically feasibly units to facilitate DBE participation, even when the Contractor might otherwise prefer to perform these work items with its own forces. The total percentage of subcontract items identified for UDBE participation must equal or exceed the percentage UDBE goal set by CDOT. Closest Matching CDOT Bid Item # DBE Work Code Description DBE Work Code From DBE Directory Actual % Amount Of Final Contract DBE DIRECTORY WORK CODES Original - Business Programs Office THIS FORM IS CONFIDENTIAL - Previous editions may not be used CDOT Form 718 - Page 1 of 2 1/06