HomeMy WebLinkAboutBID - 7338 TROUTMAN PARKWAY GRADE SEPARATED CROSSING (3)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
TROUTMAN PARKWAY GRADE
SEPARATED CROSSING
BID NO. 7338
PURCHASING DIVISION
215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS
MARCH 1, 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
SOILS REPORT
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: February 3, 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 March 1, 2012, for the Troutman
Parkway Grade Separated Crossing; BID NO. 7338. 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 7338 Troutman Parkway Grade
Separated Crossing. The Work includes construction of new 24 foot span precast concrete
culvert and base slab, cast-in-place reinforced concrete culvert, retaining wall, stairs, and ramp,
lighting, stromwater pipe, steel railing and traffic control. The project also included removal of
asphalt and excess excavated material.
This is a Federally funded project and the UDBE goal is 9.5%.
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 at10:00 AM on February 15, 2012 in the Community Room 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.
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.
Rev 10/20/07 Section 00020 Page 2
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: 7338 Troutman Parkway Grade Separated Crossing
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)
1 201 Clearing and Grubbing LS 1
2 202 Removal of Asphalt Mat (Planning) SY 883
3 202 Removal of Fence LF 26
4 202 Removal of Sidewalk LF 208
5 206 Structure Excavation CY 7,667
6 206 Structure Backfill (Class 1) CY 3,714
7 206 Shoring (Area 1) LS 1
8 207 Topsoil CY 215
9 208 Silt Fence LF 372
10 208 Concrete Washout Structure EA 1
11 208 Erosion Control Supervisor HR 30
12 208 Erosion Log LF 150
13 208 Storm Inlet Protection EA 1
14 208 Vehicle Tracking Pad EA 1
15 210 Reset Fence LF 210
16 211 Dewatering LS 1
17 212 Seeding (Native) ACRE 0.4
18 213 Mulching (Weed Free) ACRE 0.4
19 216 Soil Retention Blanket (Straw/Coconut) SY 413
20 304 Aggregate Base Course (Class 6) TON 168
21 506 Riprap Outlet Protection CY 1.4
22 507 Slope and Ditch Paving CY 8
23 514 Pedestrian and Bikeway Railing - Type 1 LF 454
24 514 Pedestrian and Bikeway Railing (Side Mounted) - Type 2 LF 516
25 514 Pedestrian and Bikeway Railing (Top Mounted) - Type 3a LF 217
26 514 Pedestrian Railing (Side Mounted) - Type 4 LF 68
27 514 Pedestrian Railing (Top Mounted) - Type 3b LF 68
28 515 Sprayed on Bridge Deck Membrane SY 221
29 515 Waterproofing (Membrane) SY 259
30 601 Concrete Class D (Box) CY 70
31 601 Concrete Class D (Miscellaneous) CY 72
32 601 Concrete Class D (Wall) CY 637
33 601 Structural Concrete Coating SY 1,401
34 602 Reinforcing Steel (Epoxy Coated) LB 98,480
35 603 15 Inch Reinforced Concrete Pipe (Class V) LF 145
36 603 24x9.75 Foot Concrete 3-Sided Culvert (Precast) (AASHTO) EA 7
37 603 24x9.75 Foot Concrete 3-Sided Culvert (Precast) (AREMA) EA 15
38 603 24x9.75 Foot Concrete 3-Sided Culvert Base Slab (Precast) (AASHTO) EA 4
39 603 24x9.75 Foot Concrete 3-Sided Culvert Base Slab (Precast) (AREMA) EA 17
40 604 Catch Basin (24" x 24") EA 1
41 604 Manhole Slab Base ( 20 Foot) EA 2
42 604 Trench Drain 1 (8 Inch) LF 23
ITEMQUANTITYPRICE ITEM NO. ITEM DESCRIPTION UNIT UNITTOTAL
Rev 10/20/07 Section 00300 Page 3
50 613 1 1/4" Electrical Conduit (Plastic) LF 420
51 613 1/2" Electrical Conduit LF 10
49 613 2" Electrical Conduit (Plastic) LF 15
50 613 3" Electrical Conduit (Plastic) LF 200
51 613 3/4" Electrical Conduit LF 220
52 613 3/4" Electrical Conduit (Plastic) LF 330
50 613 Concrete Foundation Pad EA 1
51 613 Flush In-Grade Ploymer Concrete Splice Box EA 3
52 613 Light Standard and Luminaire ("C" Type Pedestrian) (18 Foot) EA 4
53 613 Light Standard and Luminaire ("C1" Type Pedestrian) (18 Foot) EA 1
51 613 Light Standard Foundation EA 5
52 613 Lighting Control Center EA 1
53 613 Luminaire (Special) ("A" Type Under-bridge Luminaire) EA 12
54 613 Luminaire (Special) ("B" Type Step Light Luminaire) EA 17
52 613 Wiring LS 1
53 620 Sanitary Facility EA 1
54 626 Mobilization LS 1
55 630 Construction Traffic Control LS 1
56 700 F/A Minor Contract Revisions FA 1 $200,000.00 $200,000.00
57 700 F/A Partnering FA 1 $5,000.00 $5,000.00
58 700 F/A Fuel Cost Adjustment FA 1 $5,000.00 $5,000.00
59 700 F/A On-The-Job Trainee FA 1 $960.00 $960.00
60 700 F/A Railroad FA 1 $20,000.00 $20,000.00
61 700 F/A Erosion Control FA 1 $5,000.00 $5,000.00
$236,960.00
TOTAL BASE BID
IN WORDS:
TOTAL BID
ADDITIONAL COSTS (FOR PERFORMANCE AND PAYMENT BONDS, AND UDBE GOALS)
TOTAL ADDITIONAL COSTS
The above Bid Schedule has also been attached as a separate Microsoft Excel document.
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
Rev 10/20/07 Section 00300 Page 4
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
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, 7338 Troutman Parkway
Grade Separated Crossing.
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
CONTRACTORS PERFORMANCE CAPABILITY STATEMENT
Project #
1. List names of partnerships or joint ventures q none
____________________________________________________________________________________________________
_______________________________________________________________________________________________________________
_______________________________________________________________________________________________________
a. Key personnel changes q none
_____________________________________________________________________________________________________
_______________________________________________________________________________________________________
__________________________________________________________________________________________________
b. Key equipment changes q none
____________________________________________________________________________________________________
_____________________________________________________________________________________________________
____________________________________________________________________________________________________
c. Fiscal capability changes (legal actions, etc.) q none
______________________________________________________________________________________________________
________________________________________________________________________________________________________
______________________________________________________________________________________________________
d. Other changes that may effect the contractors ability to perform work. q none
______________________________________________________________________________________________________
______________________________________________________________________________________________________
_______________________________________________________________________________________________________
_____________________________________________________________________________________________________
I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE
OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND CORRECT TO THE
BEST OF MY KNOWLEDGE
Contractor's firm or company name
2nd Contractor's firm or company name (if joint venture)
By
By
Date
Date
Title
Title
2. List decreases in the contractors fiscal or workmanship qualifications compared to the last prequalification statement
submitted to CDOT. (Attach additional sheets if necessary.)
CDOT Form #605 1/92
COLORADO DEPARTMENT OF TRANSPORTATION
ASSIGNMENT OF ANTITRUST CLAIMS
PROJECT NO.
Date
2nd contractor's firm or company name. (If joint venture.) By Date
Contractor's firm or company name By
Title
Title
CDOT Form #621 12/91
Contractor and Colorado Department of Transportation (CDOT) recognize that in actual economic practice
antitrust violations ultimately impact on CDOT. Therefore, for good cause and as consideration for executing this
contract and for receiving payments hereunder:
1. Contractor hereby irrevocably assigns to CDOT any and all claims it may now have or which may hereafter
accrue to it under federal or state antitrust laws in connection with the particular project, goods or services
purchased or acquired by CDOT pursuant to this contract.
2. Contractor hereby expressly agrees:
a. That, upon becoming aware that a third party has commenced a civil action asserting on Contractor's
behalf an antitrust claim which has been assigned to CDOT hereunder, Contractor shall immediately
advise in writing:
(1) Such third party that the antitrust claim has been assigned to CDOT, and
(2) CDOT that such civil action is pending and of the date on which, in accordance with subparagraph
a. (1) above, Contractor notified such third party that the antitrust claim had been assigned to CDOT;
b. To take no action which will in any way diminish the value of the claims or rights assigned or dedicated
to CDOT hereunder; and
c. Promptly to pay over to CDOT its proper share of any payment under an antitrust claim brought on
Contractor's behalf by any third party and which claim has been assigned to CDOT hereunder.
3. Further, Contractor agrees that in the event it hires one or more subcontractors to perform any of its duties
under the contract, Contractor shall require that each such subcontractor:
a. Irrevocably assign to CDOT (as a third party beneficiary) any and all claims that such subcontractor may
have or which may thereafter accrue to the subcontractor under federal or state antitrust laws in connec-
tion with any goods or services provided by the subcontractor in carrying out the subcontractor's obliga-
tions to Contractor;
b. Upon becoming aware that a third party has commenced a civil action on the subcontractor's behalf
asserting an antitrust claim which has been assigned to CDOT hereunder, shall immediately advise in
writing:
(1) Such third party that the antitrust claim has been assigned to CDOT, and
(2) Contractor and CDOT that such civil action is pending and of the date on which, in accordance with
subparagraph b. (1) above, the subcontractor notified such third party that the antitrust claim had
been assigned to CDOT;
c. Take no action which will in any way diminish the value of the claims or rights assigned or dedicated to
CDOT hereunder; and
d. Promptly pay over to CDOT its proper share of any payment under an antitrust claim brought on the
subcontractor's behalf by any third party and which claim has been assigned or dedicated to CDOT
pursuant hereto.
I, acting in my capacity as officer of a bidder (bidders if a joint venture) do agree to the above assignment of
antitrust claims.
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:
ACTUAL UDBE AMOUNT = Actual contract amount for the transportation services provided by the UDBE firm and any UDBE lessees.
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
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):
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):
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.
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
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: 7338 Troutman Parkway Grade Separated Crossing
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 7338 Troutman Parkway Grade Separated Crossing.
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 7338 Troutman Parkway Grade Separated Crossing.
ARTICLE 2. ENGINEER
The Project has been designed by J. F. Sato and Associates. The City of Fort Collins
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.
ARTICLE 3. CONTRACT TIMES
3.1 The Work shall be Substantially Complete within One Hundred Eighty (180)
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
amounts set forth hereafter.
1) Substantial Completion:
Two Thousand Dollars ($2,000) for each calendar day or fraction thereof that
expires after the One Hundred Eighty (180) calendar day period for Substantial
Completion of the Work until the Work is Substantially Complete.
Section 00520
Page 2
2) Final Acceptance:
After Substantial Completion, Two Thousand Dollars ($2,000) for each calendar
day or fraction thereof that expires after the fourteen (14) calendar day period for
Final Payment and Acceptance until the Work is ready for Final Payment and
Acceptance.
ARTICLE 4. CONTRACT PRICE
4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance
with the Contract Documents in current funds as follows: ($ ), $ 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
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.
Section 00520
Page 3
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.
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
Section 00520
Page 4
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 STANDARD PLAN LIST
3 GENERAL NOTES
4 BNSF GENERAL NOTES
5 - 6 SUMMARY OF APPROXIMATE QUANTITIES
7 - 8 TABULATION OF MISCELLANEOUS QUANTITIES
9 GRADING PLAN
10 - 12 STORMWATER DETAILS
13 - 16 STRUCTURE PLANS AND DETAILS
17A STRUCTURE PLANS AND DETAILS - CONSTRUCTION PHASING
17B STRUCTURE PLANS AND DETAILS - LIMITS OF EXCAVATION IN
BNSF EASEMENT
18 - 29 STRUCTURE PLANS AND DETAILS
30 - 39 RETAINING WALL PLANS AND DETAILS
40 TRAFFIC CONTROL PLAN
41 - 42 STORM MANAGEMENT PLAN I - II
43 - 46 LIGHTING PLANS I - IV
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.
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
Section 00520
Page 5
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:_______________________________
DARIN ATTEBERRY, CITY MANAGER
Title:____________________________
By: ____________________________
JAMES B. O’NEILL II, CPPO, FNIGP Date:_____________________________
DIRECTOR OF PURCHASING
AND RISK MANAGEMENT
(CORPORATE SEAL)
Date:___________________________
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 00520
Page 7
Section 00530 Page 1
SECTION 00530
NOTICE TO PROCEED
Description of Work: 7338 Troutman Parkway Grade Separated Crossing
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, 7338 Troutman Parkway Grade Separated Crossing.
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, 7338 Troutman Parkway Grade Separated Crossing.
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: 7338 Troutman Parkway Grade
Separated Crossing
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, 7338 Troutman Parkway Grade Separated Crossing.
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: 7338 Troutman Parkway Grade Separated Crossing
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: 7338 Troutman Parkway Grade Separated Crossing
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:
Geotechnical Engineering Report Troutman Grade Separation Troutman
Parkway, Fort Collins prepared by Yeh & Associates Inc., Project No. 29-
033, dated January 17, 2012.
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 A 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: Troutman Parkway Grade Separated Crossing
CONTRACTOR:
PROJECT NUMBER: 7338
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
5
STORED MATERIALS
SUMMARY PAGE 4 OF 4
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 MANUAL
JANUARY 2012
PEDESTRIAN AND BICYCLE GRADE-SEPARATED CROSSING AT
TROUTMAN PARKWAY
CDOT PROJECT NO. AQC M455-089
CDOT SUBACCOUNT NO. 16526
TABLE OF CONTENTS
1. Index of Special Provisions
a. Project Special Provisions
b. Standard Special Provisions
The following are attached separately
2. BID Plans
3. Construction Cost Estimate
COLORADO PROJECT NO. AQC M455-089 January 2012
CONSTRUCTION SUBACCOUNT NO. 16526
1P
COLORADO DEPARTMENT OF TRANSPORTATION
SPECIAL PROVISIONS
CITY OF FORT COLLINS
The Colorado Department of Transportation Standard Specifications for Road and Bridge Construction 2011
controls construction of this project. Where there are conflicts between the two, the General Conditions shall
control. The following Special Provisions supplement or modify the Standard Specifications and take precedence
over the Standard Specifications and plans. When specifications or special provisions contain both English and SI
units, the English units apply and are the specification requirement.
PROJECT SPECIAL PROVISIONS
Description Date Written Page
Index Pages January 2012 1P-2P
Notice to Bidders January 2012 3P
Commencement and Completion of Work January 2012 4P
Contract Goal (Combined) January 2012 5P
OJT Contract Goal January 2012 6P
Revision of Section 101 – Definition of Terms January 2012 7P
Revision of Section 102 – Project Plans and Other Data January 2012 8P
Revision of Section 105 – Claims for Contract Adjustment January 2012 9P
Revision of Section 107 – Insurance January 2012 10P
Revision of Section 107 – BNSF Railway January 2012 11P
Revision of Section 107 – Performance of Safety Critical Work January 2012 12P-13P
Revision of Section 108 – Prosecution and Progress January 2012 14P-18P
Revision of Section 206 – Structure Backfill Material January 2012 19P
Revision of Section 207 – Topsoil January 2012 20P
Revision of Section 208 – Erosion Control January 2012 21P
Revision of Section 209 – Dust Palliatives January 2012 22P
Revision of Section 211 – Dewatering January 2012 23P-24P
Revision of Section 216 – Soil Retention Blanket (Straw/Coconut) January 2012 25P
Revision of Section 304 – Aggregate Base Course January 2012 26P
Revision of Section 514 – Railing January 2012 27P
Revision of Section 515 – Waterproofing Membrane January 2012 28P
Revision of Section 603 – Concrete 3-Sided Culvert (Precast) and Concrete
3-Sided Culvert Base Slab (Precast)
January 2012 29P-35P
Revision of Section 604 - Manholes, Inlets, and Meter Vaults January 2012 36P
Revision of Section 607 – Fence Chain Link Special January 2012 37P
Revision of Section 613 – Lighting January 2012 38P
Revision of Section 614 – Traffic Control Devices January 2012 39P
Revision of Section 618 – Prestressed Concrete January 2012 40P
Revision of Section 630 – Construction Zone Traffic Control January 2012 41P
Revision of Section 715 – Lighting and Electrical Materials January 2012 42-44P
Force Account Items January 2012 45P
Utilities January 2012 46P
BNSF Railway Requirements January 2012 47P-123P
COLORADO PROJECT NO. AQC M455-089 January 2012
CONSTRUCTION SUBACCOUNT NO. 16526
2P
CITY OF FORT COLLINS
STANDARD SPECIAL PROVISIONS
Date Pages
Revision of Section 103 – Escrow of Proposal Documentation (May 5, 2011) 2
Revision of Section 105 – Disputes and Claims for Contract Administration (October 27, 2011) 21
Revision of Section 105 – Violation of Working Time Limitation (February 3, 2011) 1
Revision of Section 106 – Certificates of Compliance and Certified Test
Reports
(February 3, 2011) 1
Revision of Section 107 – Responsibility for Damage Claims, Insurance Types,
and Coverage Limits
(February 3, 2011) 1
Revision of Section 107 and 208 – Water Quality Control, Under One Acre of
Disturbance
(February 3, 2011) 3
Revision of Section 108 – Critical Path Method (August 19, 2011) 1
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 203 – Imported Material for Embankment (February 3, 2011) 2
Revision of Section 206 and 601 – Backfilling Structures that Support Lateral
Earth Pressures
(July 29, 2011) 1
Revision of Section 412 – Portland Cement Concrete Pavement Finishing (February 3, 2011) 1
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 29, 2011) 2
Revision of Section 601 – Concrete Slump Acceptance (July 29, 2011) 1
Revision of Section 624 – Culvert and Sewer Pipe (February 3, 2011) 1
Revision of Section 630 – Construction Zone Traffic Control (February 3, 2011) 1
Revision of Section 702 – Hot Poured Joint and Crack Sealant (Sept. 29, 2011) 1
Revision of Section 703 – Concrete Aggregate (July 29, 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
Minimum Wages Colorado, U.S. Department of Labor General Decision
Number CO100016 thru CO100024, MOD 2, Highway Construction Statewide
(January 6, 2012) 56
Disadvantaged Business Enterprise – Definitions and Requirements (February 3, 2011) 14
On the Job Training (July 29, 2011) 3
Partnering Program (February 3, 2011) 1
Railroad Insurance (February 3, 2011) 1
Required Contract Provisions – Federal-Aid Construction Contracts (February 3, 2011) 10
PROJECT SPECIAL PROVISIONS
COLORADO PROJECT NO. AQC M455-089 January 2012
CONSTRUCTION SUBACCOUNT NO. 16526
3P
NOTICE TO BIDDERS
Pursuant to subsections 102.04 and 102.05, 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.
Questions received from bidders along with City responses will be posted as an addendum online at the City of
Fort Collins Buy Speed Webpage, www.fcgov.com/eprocurement as they become available.
All questions shall be directed to the City contacts listed above no later than 7:00 A.M. one week prior to the bid
opening.
Questions and answers shall be used for reference only and shall not be considered part of the Contract.
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.
COLORADO PROJECT NO. AQC M455-089 January 2012
CONSTRUCTION SUBACCOUNT NO. 16526
4P
COMMENCEMENT AND COMPLETION OF WORK
The Contractor shall commence work under the Contract by the City in the "Notice to Proceed." The Contractor
shall complete all work in accordance with the Contract. Work within the BNSF Railway right-of-way shall be
limited to 7 days in July 2012.
The Contractor shall complete all work within 180 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:
The Contractor’s progress schedule may be a bar chart type schedule.
Salient features to be shown on the Contractor’s Progress Schedule are:
1. Construction Traffic Control
2. Clearing and Grubbing
3. Removals
4. Erosion Control
5. Storm Sewer System
6. Utility Relocations
7. Precast 3-Sided Culverts and Base Slab Design and Plan Submittals
8. Coordination with the BNSF Railroad
9. Structure Excavation and Backfill
10. Precast 3-Sided Culverts and Base Slab Installation
11. Concrete
12. Sidewalk
13. Waterproofing Barrier
14. Lighting and Electrical Wiring
15. Cleanup and punch list
16. Seeding (Work to be done under Substantial Completion)(No time charge)
Subsection 108.07 shall include the following:
Time will not be charged during the months of December, January, February or March. This time is defined as
free time and work may continue if conditions permit. Work during this period will be approved by the Engineer
after taking into account the type of work, weather conditions, quality of work given the site conditions, and
safety of the travelling public. All costs incidental to working during this period shall be included in the original
contract prices for the project, including but not limited to, traffic control, BMP maintenance, temperature control
maintenance, and roadway surface maintenance.
COLORADO PROJECT NO. AQC M455-089 January 2012
CONSTRUCTION SUBACCOUNT NO. 16526
5P
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& 9.5 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
* Based on DBE contract unit prices rather than prime contract unit prices.
& All DBEs will be considered to be UDBEs.
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%
annual goal for the participation of all DBEs.
COLORADO PROJECT NO. AQC M455-089 January 2012
CONSTRUCTION SUBACCOUNT NO. 16526
6P
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 hours required 320 hours
COLORADO PROJECT NO. AQC M455-089 January 2012
CONSTRUCTION SUBACCOUNT NO. 16526
7P
REVISION OF SECTION 101
DEFINITION OF TERMS
Section 101 of the Standard Specifications is hereby revised for this project as follows:
Subsections 101.10 CDOT Resident Engineer
101.28 Department,
101.29 Engineer, and
101.76 State
shall be defined as the City of Fort Collins, acting directly or through its duly authorized representative or
agent.
COLORADO PROJECT NO. AQC M455-089 January 2012
CONSTRUCTION SUBACCOUNT NO. 16526
8P
REVISION OF SECTION 102
PROJECT PLANS AND OTHER DATA
Section 102 of the Standard Specifications is hereby revised for this project as follows:
Subsection 102.05 shall include the following:
Contract Documents and supporting information will be available for review until the date set for opening of bids
at the following locations:
1. Online at the City of Fort Collins Buy Speed Webpage, www.fcgov.com/eprocurement
2. City of Fort Collins Purchasing Department, 215 N. Mason Street, 2nd Floor, Fort Collins, Colorado
80524
The following supporting information is available:
• Geotechnical Engineering Report
• Drainage Report
• City’s Survey
After the proposals have been opened, the low responsible bidder may obtain from the City, at no cost: 2 sets of
11X17 plans and special provisions; and if available for the project, one set of full-size cross sections, one set of
full-size major structure plan sheets, and one set of computer output data. If the low bidder has not picked up the
plans and other available data by 4:30 p.m. on the second Friday after bid opening, they will be sent to the
Resident Engineer in charge of the project. Additional sets of plans and other available data may be purchased on
a cash sale basis from the City at current reproduction prices. Subcontractors and suppliers may obtain plans and
other data from the successful bidder or they may purchase copies on a cash sale basis from the City at current
reproduction prices.
COLORADO PROJECT NO. AQC M455-089 January 2012
CONSTRUCTION SUBACCOUNT NO. 16526
9P
REVISION OF SECTIONS 105
CLAIMS FOR CONTRACT ADJUSTMENT
Sections 105 of the Standard Specifications are hereby revised for this project as follows:
In subsection 105.22, shall be revised as follows:
The Colorado Department of Transportation will not participate in the resolution for any claims filed by
the contractor.
COLORADO PROJECT NO. AQC M455-089 January 2012
CONSTRUCTION SUBACCOUNT NO. 16526
10P
REVISION OF SECTION 107
INSURANCE
Section 107.18 is hereby revised to read:
For this project all insurance certificates shall name Fort Collins, the Colorado Department of Transportation, and
the BNSF Railway as an additionally insured party.
COLORADO PROJECT NO. AQC M455-089 January 2012
CONSTRUCTION SUBACCOUNT NO. 16526
11P
REVISION OF SECTION 107
BNSF RAILWAY
Section 107 of the Standard Specifications is hereby revised as follows:
Add the following to subsection 107.08 Railroad-Highway Provisions:
The BNSF Railway will shut down rail traffic for 7 days. The shut down is related to another project in the
area and their agreement with the BNSF Railway. Currently, this shut down period is tentatively scheduled
for the end of July 2012. The exact period of shut down has not been confirmed as of the date of this
document.
Any delay caused by changes to the scheduled shut down period shall be considered a noncompensable delay
and subsection 108.08 (c)1.B shall apply. The Contractor may be entitled to an extension of contract time but
no additional monetary compensation. The contact time allowed will be determined by the Engineer in
accordance with Section 109.
During the 7 day shut down period, the BNSF Railway will use the first day to remove ballast, ties, and track
and the 7th day to replace the ballast, ties, and track. The Contractor will have access to the BNSF property for
the remaining 5 days to excavate, prepare subgrade, place the precast concrete 3-sided culvert and base slab,
apply waterproofing, and backfill.
The Contractor is responsible for any damages to the BNSF Railway arising from any unscheduled delay to a
freight or passenger train which affects the Railway’s ability to fully utilize its equipment and to meet
customer service and contract obligations. Delay charges will be billed directly from the BNSF Railway.
See section BNSF Railway Requirements for further requirements.
COLORADO PROJECT NO. AQC M455-089 January 2012
CONSTRUCTION SUBACCOUNT NO. 16526
12P
1
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) Working within the BNSF Railroad right-of-way.
(2) Work requiring the use of cranes or other lifting equipment. Also when construction materials are
being lifted that may fall onto active traffic lanes or the BNSF Railway minimum construction
clearance envelope.
(3) Temporary works: falsework and shoring that exceeds 5 feet in height.
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 or a
bridge removal 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(s) for which the plan is being prepared.
(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 railroad to be reopened to traffic (see Revision of
Section 107 BNSF Railway and BNSF Railway Requirements)
D. Replacement of workers who don’t perform the work safely
E. Equipment failure
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.
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REVISION OF SECTION 107
PERFORMANCE OF 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) Working within the BNSF Railroad right-of-way, (2) Work requiring the use of cranes
or other lifting equipment and (3) 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.
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.
All costs associated with the preparation and implementation of each safety critical work element construction
plan and meeting will not be measured or paid for separately, but shall be included in the work.
COLORADO PROJECT NO. AQC M455-089 January 2012
CONSTRUCTION SUBACCOUNT NO. 16526
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REVISION OF SECTION 108
PROSECUTION AND PROGRESS
Section 108 of the Standard Specifications is hereby revised as follows:
Subsection 108.03 shall include the following:
Project Meetings
A. Pre-Construction Conference: A Pre-Construction Conference will be held after Notice of Award and before
the Notice to Proceed. The date, time and location will be determined after Notice of Award. The conference
shall be attended by:
1. Contractor and Contractor’s Superintendent
a. Contractor shall designate/introduce Superintendent
b. At this time the Superintendent will be expected to show that he has sufficient knowledge of
the specifications and plans to orchestrate and coordinate the construction activities for this
job.
2. Contractor’s Subcontractors (including the Traffic Control Supervisor and Surveyor)
a. Contractor shall designate/introduce major Subcontractor’s supervisors assigned to the
project
3. Engineer
4. Owner
5. Utility Companies
a. Utilities will be asked to designate their coordination person, provide utility plans, and their
anticipated schedule
6. Others as requested by the Contractor, Owner, or Engineer.
Unless previously submitted to the Owner, the Contractor shall bring to the conference a tentative schedule of
the construction project. Shop drawings and other submittals shall be included in the schedule. Any
submittals requiring long lead times and therefore must be expedited shall be submitted at the pre-
construction conference, or as soon thereafter as possible.
The purpose of the conference is to designate responsible personnel and establish a working relationship.
Matters requiring coordination will be discussed and procedures for handling such matters established. The
agenda will include:
1. Contractor’s tentative Schedule
a. The Contractor shall submit a detailed project schedule showing milestones and the critical
path for the North College Improvements Project – Vine to Conifer. This schedule shall be
agreed to by both the Owner and Contractor. It shall be made in writing and signed by both
parties.
2. Permit applications and submittals, including Dewatering Permit, Erosion and Sediment Control
Plan, and Traffic Control Plan
3. Transmittal, review and distribution of Contractor’s submittals
4. Processing applications for payment
5. Maintaining record documents
6. Field decision and change orders
7. Use of premises, office and storage areas, staging area, security, housekeeping, and Owner’s needs
8. Proposed daily construction hours for the Engineer’s approval
9. Designation of access roads and parking
10. Contractor’s assignment of safety and first aid
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REVISION OF SECTION 108
PROSECUTION AND PROGRESS
B. Construction Progress Meetings for the Troutman Underpass Project: Progress meetings will be conducted
weekly or at some other frequency, if approved by the Engineer. These meetings shall be attended by the
Owner, the Engineer, the Contractor’s representative and any others invited by these people.
The Engineer will conduct the meeting and the Engineer will arrange for keeping the minutes and distributing
the minutes to all persons in attendance.
The agenda of these project meetings will include construction progress, the status of submittal reviews, and
the status of information requests, critical work sequencing, review of strategies for connections into existing
facilities, status of field orders and change orders, and any general business.
The Contractor will prepare a “two week look ahead” schedule to facilitate coordination of work items.
The schedule shall be monitored closely during construction and may be updated by written agreement of the
parties as changes occur in the project progress. If the milestones are not met, the Owner may utilize the
remedies provided in the General Conditions as well as any other remedy provided by the Contract
Documents or provided by law or equity. The Owner may also assess liquidated damages as outlined in
Article 3, Section 3.2 of the Agreement.
The Engineer or Engineer’s Field Representative and Contractor shall agree to weekly quantities at the
progress meetings. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when
signed, shall be final and shall be the basis for the monthly progress estimates. This process ensures accurate
monthly project pay estimates.
C. The Engineer may hold coordination conferences, to be attended by all parties involved, when the
Contractor’s operations affect, or are affected by, the work of others.
1. Contractor shall participate in such conferences accompanied by Subcontractors as required by the
Engineer.
Construction Schedules
A. The Contractor shall prepare a detailed schedule of all construction operations and procurement after review
of tentative schedule by parties attending the pre-construction conference. This schedule will show how the
Contractor intends to meet the milestones set forth.
1. No work is to begin at the site until Owner’s acceptance of the Construction Progress Schedule and
Report of delivery of equipment and materials.
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REVISION OF SECTION 108
PROSECUTION AND PROGRESS
B. Format and Submissions
1. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and
actual progress.
2. Submit two copies of each schedule to Owner for review.
a) Owner will return one copy to contractor with revisions suggested or necessary for
coordination of the Work with the needs of Owner or others.
b) The Contractor will be required to submit a weekly progress schedule showing work to be
completed, labor, equipment, work hours and methods of construction for the upcoming
week. This schedule will be required every Thursday in a daily calendar format.
3. The schedule must show how the street, underground utilities, concrete, and paving work will be
coordinated.
C. Content
1. Construction Progress Schedule
a) Show the complete work sequence of construction by activity and location.
b) Show changes to traffic control
c) Show project milestones
2. Equipment, Materials and Submittals Schedule
a) Show delivery status of critical and major items of equipment and materials
b) Include a critical path schedule for Shop Drawings, tests, and other submittal requirements
for equipment and materials.
D. Owner’s Responsibility
1. Owner’s review is only for the purpose of checking conformity with the Contract Documents and
assisting the Contractor in coordinating the Work with the needs of the Project.
2. It is not to be construed as relieving contractor from any responsibility to determine the means,
methods, techniques, sequences and procedures of construction.
Modifications to Time of Completion in the Approved Schedule
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.
COLORADO PROJECT NO. AQC M455-089 January 2012
CONSTRUCTION SUBACCOUNT NO. 16526
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REVISION OF SECTION 108
PROSECUTION AND PROGRESS
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 accepted) 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.
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,
and 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.
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REVISION OF SECTION 108
PROSECUTION AND PROGRESS
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.
3. To any delays of Subcontractors occasioned by any of the causes specified in paragraphs 1 and 2, above.
Work Hours: Standard work hours are 7 AM to 6 PM, Monday through Friday. No work shall be permitted on
weekends or holidays without written approval from the Project Manager. Work requests beyond normal working
hours must be submitted to the Project Manager a minimum of (5) working days prior to the request date. See
section Revision of Section 107 BNSF Railway and section BNSF Railway Requirements for additional
requirements.
COLORADO PROJECT NO. AQC M455-089 January 2012
CONSTRUCTION SUBACCOUNT NO. 16526
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REVISION OF SECTION 206
STRUCTURE BACKFILL MATERIAL
Section 206 of the Standard Specifications is hereby revised for this project as follows:
In subsection 206.01, replace the second paragraph with the following:
All excavation and backfill on this project shall be included under this item.
In subsection 206.01, add the following:
High ground water may be encountered on this project. Dewatering shall be included in the work for
Revision of Section 211 Dewatering.
In subsection 206.03, add the following:
Excess material excavated on this project shall be considered salvable material and shall remain the property
of the City of Fort Collins. The Contractor shall haul and stockpile the material to the City of Fort Collins’
storage site on the east side of Turnberry Road, just north of Country Club Road.
In subsection 206.06, add the following:
The quantity for Structure Backfill (Class I) will not be measured, but will be the quantity designated in the
Contract, unless field changes are ordered. If field changes are ordered, the quantities will be calculated using
the revised dimensions and the additional volume of material shall be approved in writing by the Engineer
prior to beginning the work. No allowances shall be made for shrinkage, swell, subsidence due to compaction
of the existing ground or any other losses.
Haul and stockpiling of salvable material will not be measured and paid for separately but shall be included in
the work.
COLORADO PROJECT NO. AQC M455-089 January 2012
CONSTRUCTION SUBACCOUNT NO. 16526
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REVISION OF SECTION 207
TOPSOIL
Section 207 of the Standard Specifications is hereby revised for this project as follows:
Subsection 207.02 shall include the following:
The source of topsoil for this project is undesignated, but the Contractor shall ensure that the source
location and the area, which is to be used to store topsoil, shall be free of noxious weeds. Failure will
result in the rejection of this topsoil. The imported topsoil is subject to approval by the Engineer before
use. At least 30 days before hauling soil to the site, the Contractor shall supply a sample of the topsoil to
Colorado State University Soil Testing Laboratory for analysis. The Contractor shall contact the
Engineer to inspect and approve this area and the area where the topsoil shall be stored. A Certificate of
Compliance from the University shall be provided to the Engineer to verify the organic matter content,
pH, sodium absorption ratio, electrical conductivity and nutrient requirements.
Contractor supplied topsoil shall meet the following criteria:
Property Min. Value Max. Value
pH 6.5 7.8
Sodium Absorption Ratio - 10.0
Salts (electrical conductivity) - 4.0 mmhos/cm
Organic matter 3% 10%
Topsoil shall contain the following minimum ammonium DTPA (chelate) extractable nutrients the
extracting solution used by CSU Soil Testing Laboratory:
Nitrogen 5 ppm Air dried Basis
Phosphorous 5 ppm
Potassium 30 ppm
Iron (Fe) 5 ppm
Subsection 207.05 shall include the following:
The addition of manure or soil amendments needed to bring the topsoil into conformance with the
specifications will not be measured and paid for separately, but shall be included in the work. Stockpile
topsoil will not be measured and paid for separately, but shall be included in the work. Soil testing will
not be measured and paid for separately, but shall be included in the work.
Pay Item Pay Unit
Topsoil (Complete In Place) Cubic Yard (CY)
COLORADO PROJECT NO. AQC M455-089 January 2012
CONSTRUCTION SUBACCOUNT NO. 16526
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REVISION OF SECTION 208
EROSION CONTROL
Subsection 208.12 shall include the following:
Removal and Disposal of Sediment will not be measured and paid for separately, but shall be included in
the work
COLORADO PROJECT NO. AQC M455-089 January 2012
CONSTRUCTION SUBACCOUNT NO. 16526
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REVISION OF SECTION 209
DUST PALLIATIVES
Section 209 of the Standard Specifications is hereby revised for this project as follows:
In subsection 209.07, replace this subsection in its entirety with “Dust Palliatives (water) will not be paid for
separately but shall be included in the work.”
In subsection 209.08, delete the second paragraph.
COLORADO PROJECT NO. AQC M455-089 January 2012
CONSTRUCTION SUBACCOUNT NO. 16526
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REVISION OF SECTION 211
DEWATERING
Section 211 is hereby added to the Standard Specifications for this project as follows:
DESCRIPTION
211.01 This work consists of dewatering to facilitate construction activities.
CONSTRUCTION REQUIREMENTS
211.02 The Contractor is advised that groundwater within the project limits may require dewatering. The
Contractor is advised to limit pumping of groundwater in all project excavations, by careful scheduling,
expediting the work and use of conscientious construction methods. The Contractor shall conform to all
applicable State and City of Fort Collins requirements.
Permitting, removal, sample collection, analytical testing, containerization, transportation, and disposal or
treatment of all contaminated groundwater will be in accordance with Section 107.25 Water Quality Control and
as described in Section 250 Environmental, Health and Safety Management.
The Contractor shall:
(1) Minimize the disturbance of contaminated groundwater by avoidance.
(2) Limit intrusion of groundwater into excavations.
The Contractor shall obtain the appropriate Colorado Discharge Permit System (CDPS) general permit for
management of groundwater from CDPHE Water Quality Control Division, as determined necessary. A
completed application must be submitted to CDPHE at least four weeks prior to dewatering operations.
The Contractor shall measure the rate of groundwater discharge during the dewatering using an inline flow device
capable of measuring slow rates with an accuracy of plus or minus five (5) gallons per minute. The Contractor
shall record the rate of discharge daily and shall submit a discharge report to the Engineer weekly or as approved
by the Engineer.
The Contractor shall submit a Dewatering Plan to the Engineer at least four (4) weeks prior to the proposed start
of dewatering operations. This Plan shall detail the Contractor’s method of dewatering for all major excavations
including caisson construction. The Dewatering Plan shall be stamped “Approved for Construction” and signed
by the Contractor. The Dewatering Plan will not be approved by the Engineer.
The Engineer will review the Dewatering Plan and issue a written acceptance letter or request for changes within
two (2) weeks of receiving the Plan. If changes are requested the Contractor shall update the Plan and resubmit it
to the Engineer within one (1) week after receiving the request for changes.
The Engineer’s written acceptance of the Dewatering Plan is required before construction.
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CONSTRUCTION SUBACCOUNT NO. 16526
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REVISION OF SECTION 211
DEWATERING
The Dewatering Plan shall provide complete details of the Contractor’s method for construction dewatering
including:
(1) Copies of all permits required for dewatering, treatment of and (or) disposing of water.
(2) If applicable, copies of agreements for disposing of water in storm sewers, sanitary sewers etc.
(3) Method and details for minimizing dewatering in excavations and during caisson construction.
(4) Method of measuring groundwater discharge.
(5) Equipment descriptions including size, number, type, capacity, and location of equipment during
dewatering operations.
(6) Methods of testing groundwater to determine appropriate disposal.
(7) Detailed methods for disposal of water.
(8) If applicable, name of facility where contaminated water is to be delivered to.
BASIS OF PAYMENT
211.03 Payment for all work for Dewatering including preparation of the Dewatering Plan and all work for
Section 250 will not be measured and paid for separately but shall be included in the work.
Permitting, removal, sample collection, analytical testing, containerization, transportation, and disposal or
treatment of all contaminated groundwater will not be paid for separately but shall be included in the work.
Payment will be made under:
Pay Item Pay Unit
Dewatering Lump Sum
COLORADO PROJECT NO. AQC M455-089 January 2012
CONSTRUCTION SUBACCOUNT NO. 16526
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REVISION OF SECTION 216
SOIL RETENTION BLANKET (STRAW/COCONUT)
Section 216 of the Standard Specifications is hereby revised for this project to include the following:
Subsection 216.01 shall include the following:
For this project, the term “biodegradable soil retention blanket” is herein used to define any of the products
covered under Section 216 and does not include Turf Reinforcement Mat as defined under Revision of
Section 420.
Delete Subsection 216.02(a) 4 and replace it with the following:
Soil Retention Blanket (straw/coconut) shall be a machine produced mat consisting of 70 percent agricultural
straw and 30 percent coconut fiber. The blanket shall be of consistent thickness with the straw and coconut fiber
evenly distributed over the entire area of the mat. The blanket shall be covered on the top and bottom with 100
percent biodegradable natural organic fiber netting. The mesh size shall be approximately 1.0 to 0.50 inch.
Netting shall be constructed using a Leno weave which allows strands of the net to move independently of each
other. The blanket shall be sewn together on 1.50 inch centers with biodegradable thread.
Material Requirements:
Straw Content: 0.35 pounds per square yard
Coconut Fiber Content: 0.15 pounds per square yard
Netting: biodegradable organic jute fiber, top and bottom
Thread: biodegradable
Roll Width: 6.5 to 8.0 feet
Roll Length: 108.0 to 112.5 feet
Roll Weight: 50.0 to 68.0 pounds
A sample of the Soil Retention Blanket (straw/coconut) shall be submitted to the Construction Inspector at least
two weeks in advance of planned use on the Project for approval.
COLORADO PROJECT NO. AQC M455-089 January 2012
CONSTRUCTION SUBACCOUNT NO. 16526
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REVISION OF SECTION 304
AGGREGATE BASE COURSE
Section 304 of the Standard Specifications is hereby revised for this project as follows:
Subsection 304.08 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Aggregate Base Course (Class 6) Ton
COLORADO PROJECT NO. AQC M455-089 January 2012
CONSTRUCTION SUBACCOUNT NO. 16526
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REVISION OF SECTION 5l4
RAILING
Section 5l4 of the Standard Specifications is hereby revised for this project as follows:
In subsection 514.08, delete the last paragraph.
Subsection 514.05 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Pedestrian and Bikeway Railing - Type 1 Linear Foot
Pedestrian and Bikeway Railing (Side Mounted) - Type 2 Linear Foot
Pedestrian and Bikeway Railing (Top Mounted) - Type 3a Linear Foot
Pedestrian Railing (Top Mounted) - Type 3b Linear Foot
Pedestrian and Bikeway Railing (Side Mounted) - Type 4 Linear Foot
Anchorage assemblies and structural steel elements will not be measured and paid for separately but shall be
included in the work.
COLORADO PROJECT NO. AQC M455-089 January 2012
CONSTRUCTION SUBACCOUNT NO. 16526
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REVISION OF SECTION 5l5
WATERPROOFING MEMBRANE
Section 5l5 of the Standard Specifications is hereby revised for this project to include the following:
Subsection 515.02 shall include the following:
An elastomeric polymer spray-applied membrane coating for the bridge deck within the BNSF Railway
right-of-way. This membrane shall meet the requirements of ASTM D4541-00, D638-00, D257-99, E96-
00, D638-00 Elongation, and C836-00; and CSA A23.2-6B-M94 Standard; AREMA Manual for
Engineering (1996) Ballast Impact Test and be on CDOT’s Approved Products List.
All work shall be performed in accordance with the manufacturer’s recommendation. The membrane
shall conform to the thickness required on the plans.
Subsection 515.06 shall include the following:
Elastomeric polymer spray-applied membrane coating shall include all labor, products, and equipment
required for the preparation of the concrete deck and application of a seamless coating of the deck.
Subsection 515.07 shall include the following:
Elastomeric polymer spray-applied membrane will be paid for at the contract unit price for “Sprayed on
Bridge Deck Membrane” per square yard.
Pay Item Pay Unit
Sprayed on Bridge Deck Membrane Square Yard
COLORADO PROJECT NO. AQC M455-089 January 2012
CONSTRUCTION SUBACCOUNT NO. 16526
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REVISION OF SECTION 603
CONCRETE 3-SIDED CULVERT (PRECAST)
AND
CONCRETE SLAB FOOTING (PRECAST)
Section 603 of the Standard Specifications is hereby revised for this project as follows:
DESCRIPTION
This work consists of designing, fabrication, and erection of precast concrete units, hereinafter referred to as
Concrete 3-Sided Culvert (Precast) and Concrete 3-Sided Culvert Base Slab (Precast), in accordance with these
specifications and in conformity with the plan details. References to Precast Base Slab, Base Slab (Precast), Slab
Footing (Precast), or Precast Concrete Footing shall mean “Concrete 3-Sided Culvert Base Slab (Precast)”.
MATERIALS
Concrete. Concrete shall meet the minimum requirements for Concrete Class D, Class S35, or Class S40 in
accordance with Section 601 and for Class PS in accordance with Section 618.
Reinforcing Steel. Reinforcing steel shall be deformed bars or smooth welded wire fabric in accordance with
Subsection 602, Reinforcing Steel. Deformed Welded Wire fabric maybe supplied, at the contractor’s option, at
no additional cost to the department. Galvanized Welded Wire Fabric shall conform to AASHTO M111.
Structural Steel. Structural steel items shall conform to Section 509. Bolts shall be 7/8”F unless shown
otherwise in the plans. Bolts shall conform to Subsection 509.07. High strength bolts shall conform to
Subsection 509.08.
Prestressing Steel. Prestressing Steel shall conform to Subsection 714.01.
CONSTRUCTION
Design. Precast elements shall be designed in accordance with the following:
(1) For the portion of the structure within the BNSF Railway property, hereafter referred to as the
AREMA portion.
a. American Railway Engineering and Maintenance-of-Way Association (AREMA) for precast
elements within the BNSF Railway property.
b. BNSF Railway Standards and Guidelines
(2) For the portion of the structure within the Bus Rapid Transit (BRT) Easement, hereafter referred
to as the AASHTO portion:
a. American Association of State Highway and Transportation Officials (AASHTO LRFD
Bridge Design Specifications.
b. CDOT Bridge Design Manual.
(3) American Welding Society (A.W.S.)
Structural Welding Code – Structural Steel AWS D1.1
Structural Welding Code – Reinforcing Steel AWS D1.4
*A minimum of 5 years of similar welding experience is acceptable
Concrete 3-sided culvert (precast) shall consist of an open bottom structure with vertical legs and flat top and
headwalls. Footings for the Concrete 3-sided culvert shall be precast and are referred to as Concrete 3-Sided
Culvert Base Slab (Precast). Field welding of precast units shall not be permitted.
If the Precaster elects to prestress the top slab of the culvert, work shall conform to Section 618 Prestressed
Concrete. Prestressing shall be included in the work.
COLORADO PROJECT NO. AQC M455-089 January 2012
CONSTRUCTION SUBACCOUNT NO. 16526
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REVISION OF SECTION 603
CONCRETE 3-SIDED CULVERT (PRECAST)
AND
CONCRETE 3-SIDED CULVERT BASE SLAB (PRECAST)
Precast elements that are designed as soil-structure systems shall provide at least two (2) independently verified
full scale load tests. This requirement will not apply to precast elements designed as rigid frames.
Rating. A Load rating meeting the applicable requirements of the CDOT Rating Manual will be required for the
structure within the AASHTO design portion of the structure. All electronic files and hand calculations needed
for each structure rating shall be submitted with the rating package.
Shop Drawings. The Contractor shall submit seven sets of shop drawings and design computations to the
engineer for each separate structure. Submittals shall conform to Subsection 105.02. Shop drawings and design
calculations shall be signed and sealed by a professional engineer licensed in the state of Colorado. Shop
drawings and design calculations shall be submitted to the Engineer within 10 calendar days after notice of low
bidder.
The calculations and plans for the BNSF Railway portion shall be designed for AREMA loading and shall be
approved by the BNSF Railway prior to fabrication.
Shop drawings shall include all details, dimensions, and quantities necessary to construction the culvert, head
walls wing walls, and foundations, and shall include, but not be limited to, the following information:
a. Structure span and rise.
b. Footing details showing all concrete dimensions, elevations, and reinforcing steel with bar size,
length, and spacing’s indicated. Footing plan and section views shall be provided. The actual
soil bearing pressure shall be noted on the footing details sheets.
c. Culvert section details.
d. Head wall design anchorage details, and computations. Head wall plan, elevation, and section
views shall be provided.
e. Prestressing submittals in accordance with Section 618.
f. Design computations for pedestals, when required.
g. Backfill limits and requirements.
h. Waterproofing requirements.
i. Handling and placement requirements.
j. Hydraulic or clearance box equivalency computations, when required.
Placement of Reinforcement. Placement of reinforcement in precast bridge units shall be in accordance with
ASTM C1504. Laps and Spacing for steel reinforcement in precast bridge units shall be in accordance with
ASTM C1504, with the exception that no welding shall be permitted.
Curing. Curing shall be in accordance with AASHTO M170.
Storage. Precast elements shall be stored in such a manner to prevent cracking or damage. Store elements using
adequate supports as appropriate. Units shall not be moved until concrete compressive strength has reached a
minimum of 2500 psi. Units shall not be stored in an upright position unless approved by the engineer.
Handling. Handling devices shall be permitted in each precast element for the purpose of handling and setting.
Spreader beams may be required for lifting of precast concrete bridge elements to preclude damage from bending
or torsion forces.
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REVISION OF SECTION 603
CONCRETE 3-SIDED CULVERT (PRECAST)
AND
CONCRETE 3-SIDED CULVERT BASE SLAB (PRECAST)
Each bridge unit shall be clearly marked by a waterproof means with the following information:
Bridge Span X Bridge Rise
Date of Manufacture
Name or trademark of the manufacturer
ASTM Product Designation
Delivery. Precast concrete elements shall not be shipped until concrete has attained specified design compressive
strength, or as directed by the Engineer. Precast concrete elements may be unloaded and placed on the ground at
the site until installed. Store elements using timber supports as appropriate.
Quality Control/Assurance. The Precaster shall be certified by the National Precast Concrete Association
(NPCA) and the prestressing, if used, shall be performed by a firm certified by the Prestressed Concrete Institute
(PCI). The precaster shall have a minimum of 5 years experience in the production of 3-sided bridges or have
fabricated at least 10 three-sided structures greater of similar length to the plans, and have previous demonstrated
experience in designing and providing railroad precast components. The precaster shall maintain a permanent
quality control department and employ qualified technicians.
Qualifications, Testing and Inspection
The Precaster shall employ a Quality Control (QC) unit with an ACI certified employee. In lieu of a
QC unit the Precaster may retain the services of a CCRL certified independent inspection and testing
agency (throughout the duration of production). The test agency shall issue reports, certified by a
licensed engineer, detailing the Precaster’s setup, forming, casting and curing operations. The agency
shall provide concrete test reports showing CDOT required physical results for plastic concrete
properties, and test strength results for specified test ages.
The Owner may designate QA fabrication inspection at the fabrication site. Reports and
documentation shall be provided to the Engineer upon request.
The Precaster shall perform the following tests according to the ASTM standards as listed:
Air Content: C231 or C173
Compressive Strength: C31, C39, C192, C497
Slump: C143 or Spread Test if using SCC
Unit Weight: C138
The precaster shall provide documentation demonstrating compliance with this section if requested by
Fort Collins.
Fort Collins may place an inspector in the plant when the products covered in this specification are
being manufactured.
Permissible Variations. Permissible variations shall conform to ASTM C1504.
Testing/ Inspection. Testing and inspection shall conform to these specifications and ASTM C1504; see
“Physical Requirements” and “Inspection”.
Installation assistance. A representative from the manufacturer or the design engineer of record shall be onsite
during the installation or the precast bridge units.
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4
REVISION OF SECTION 603
CONCRETE 3-SIDED CULVERT (PRECAST)
AND
CONCRETE 3-SIDED CULVERT BASE SLAB (PRECAST)
Installation Preparation. Support areas for bridge units and headwall elements, shall be formed to ensure
correct installation of the precast bridge system.
Footings;
a. Soil sub-grade and compaction shall be performed in accordance to the geotechnical
recommendations or the precast manufacturer’s recommendations.
b. Do not over excavate foundations unless directed by the Engineer to remove unsuitable soil.
c. A copy of the geotechnical report will be provided by the Engineer prior to the design of the
precast concrete elements. The Contractor’s Engineer shall certify in writing that the bearing
capacity meets or exceeds the footing design requirements, prior to placement of the footings.
d. Concrete footings shall be precast units. The size and elevation of the footings shall meet the
design of the Contractor’s Engineer but not to exceed the plan dimensions without prior approval.
A keyway shall be formed in the top surface of the bridge footing as specified on the plans.
e. Footings shall be roughened on top to accept a concrete overlay.
f. Footing surfaces shall be constructed in accordance with grades shown on the plans. When tested
with a 10-foot straight edge, surfaces shall not vary more than 1/4 inch in 10 feet.
g. The contractor shall prepare a 4-inch thick base layer of compacted granular material along the
full width of footings prior to placing precast footings. All work and materials for the base layer
will not be paid for separately but shall be included in the work.
h. Foundations for precast concrete bridge elements must be connected as shown on the plans or as
approved by the Engineer to form a monolithic body. Expansion joints shall not be used.
Lifting. Crane lifting capacity, crane placement, and safe worksite conditions are the sole responsibility of the
Contractor. Lift anchors or holes provided for each unit shall be the only means allowed for lifting precast
elements. Elements shall only be supported or raised by procedures listed in approved manuals, erection plans, or
drawings approved by the Precaster.
Placement of Precast Units. Precast units and headwalls shall be placed as shown on approved plans or
drawings. Line and grade shall be checked as often as necessary to meet plan requirements.
a. The contractor shall devise an erection and placement method to ensure lateral spreading of
bridge elements does not occur. The final clearance between adjacent precast elements shall not
exceed that shown on the plans.
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5
REVISION OF SECTION 603
CONCRETE 3-SIDED CULVERT (PRECAST)
AND
CONCRETE 3-SIDED CULVERT BASE SLAB (PRECAST)
Leveling Pad/ Shims. Bridge units shall be set on polymer or steel shims measuring 6" x 6", minimum, unless
shown otherwise on the plans. A minimum gap of 1/2 inch shall be provided between the footing and the bottom
of vertical legs or bottom of wingwall. The fabricator shall define the shims used in the shop drawings.
Grouting. Grout shall have a maximum aggregate size of ¼” inch. Minimum 28-day compressive strength shall
be 4500 psi. Grouting shall not be performed when temperatures are expected to fall below 40° F for a period of
72 hours after grout placement. A heating system may be used to keep the curing temperature above 40° if pre-
approved by the Engineer.
Vibrate grout as necessary to ensure that entire key around the bridge element is completely filled. If bridge
elements have been set with temporary ties (cables, bars, etc.) grout shall attain a minimum compressive strength
of 1500 psi before ties can be removed.
Lifting and erection anchor recesses shall be filled with grout prior to backfilling.
Joints. Joints shall be constructed in accordance with ASTM C1504. Sections for flat-topped structures shall be
produced with a connection joint as show on the plans. The joint shall be sealed with a grout that attains a
minimum 3000 psi within the time period allowed under Revision of Section 107 BNSF Railway.
All butt joints between structure sections shall be covered with a joint wrap conforming to ASTM C877, Type II.
Surfaces shall be free of dirt before joint material is applied. The entire joint shall be continuously covered.
Joints between structure sections and retaining walls shall be covered with either the same wrap used between
structure sections or with a non-woven Geotextile with a minimum of 1-foot lap on each side of the joint
(horizontally).
Joint wrap shall be maintained in proper location over joints, and shall not be damaged during backfilling
operations.
In addition to joints between bridge units, joints between end units and headwalls shall also be sealed as described
above. All lift holes shall be primed and covered with a 9" x 9" square of joint wrap.
Workmanship/ Finish. Precast units shall be substantially free of fractures. Joints between precast units shall
not exceed the dimensions shown on the plans Surface defects larger than 1 sq. in. and defects deeper than 1 inch,
shall be patched with durable non-shrink grout.
Rejection. Precast elements may be subject to rejection if any of the following discrepancies exist:
Fractures or cracks passing through walls or decks, except for a single end crack that does not exceed one half the
thickness of the wall.
Defects such as segregation, voids, open texture, or heavy honeycomb indicate that concrete proportioning,
mixing, and placement did not comply with specifications.
Damaged or spalled ends, where such damage would prevent making a satisfactory joint.
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REVISION OF SECTION 603
CONCRETE 3-SIDED CULVERT (PRECAST)
AND
CONCRETE 3-SIDED CULVERT BASE SLAB (PRECAST)
Repairs. Precast elements with significant or major damage may be repaired, if pre-approved by the Engineer.
The Contractor shall submit written proposal of repair for approval, prior to starting repair work.
Excavation and Backfill. Structure excavation and backfill shall be in accordance with Section 206 and the
Project Special Provisions and Standard Special Provisions.
Construction equipment weight restrictions: Operating equipment shall not exceed the design load permitted on
bridge units unless pre-approved by the Engineer.
In the immediate area of the bridge units, the following restrictions for use of heavy construction machinery
during backfilling operations apply:
a. Construction equipment shall not cross bare precast concrete bridge units.
b. If the compacted fill level is 4 inches minimum over the bridge crown, construction equipment
weighing less than 10 tons may cross the bridge.
c. If the compacted fill level is12 inches minimum over the bridge crown, construction equipment
weighing of less than 30 tons may cross the bridge.
d. If the compacted fill level has reached design cover, or 2 feet minimum, over the bridge crown,
construction equipment within the design load limits for the road may cross the bridge.
Monitoring. The contractor shall measure settlements and horizontal displacement of foundation to ensure that
they are within the allowable limits as determined by the Precaster (approximately 1 inch). These measurements
shall give an indication of settlements and deformations along the length of the foundations. The first
measurement row shall take place after erection of all precast bridge system elements; a second measurement after
completion of backfilling; and a third measurement before opening the bridge to traffic. Additional
measurements may be needed due to local conditions. The maximum difference in vertical displacements 'v'
should not exceed 1 inch along the length of one foundation.
METHOD OF MEASUREMENT
Concrete 3-Sided Culvert (Precast) and Concrete 3-Sided Culvert Base Slab (Precast) will be measured by the the
length of the precast structure measured along the center line of the trail, for each type of design required, either
AREMA or AASHTO, as shown on the plans complete in place and accepted. Prestressing will not be measured
and paid for separately but shall be included in the work. Structure excavation and structure backfill will be
measured and paid for separately.
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REVISION OF SECTION 603
CONCRETE 3-SIDED CULVERT (PRECAST)
AND
CONCRETE 3-SIDED CULVERT BASE SLAB (PRECAST)
BASIS OF PAYMENT
The accepted quantity shall be paid for at the contract unit price for the pay unit listed below.
Pay Item Pay Unit
24 x 9.75 Foot Concrete 3-Sided Culvert (Precast) (AREMA) Linear Foot
24 x 9.75 Foot Concrete 3-Sided Culvert Base Slab (Precast) (AREMA) Linear Foot
24 x 9.75 Foot Concrete 3-Sided Culvert (Precast) (AASHTO) Linear Foot
24 x 9.75 Foot Concrete 3-Sided Culvert Base Slab (Precast) (AASHTO) Linear Foot
Payment shall be full compensation for all work necessary to complete the item, which shall include design,
fabrication, transportation to the bridge site, compacted granular base material, erection and precast foundation
components. Structure excavation and structure backfill will be measured and paid for in accordance with
Subsection 206.
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REVISION OF SECTION 604
MANHOLES, INLETS, AND METER VAULTS
Section 604 of the Standard Specifications is hereby revised for this project as follows:
Subsection 604.01 shall include the following:
This work consists of the construction of trench drains and catch basing in accordance with these
specifications, and in conformity with the lines and grades shown on the plans or established.
Subsection 604.02 shall include the following:
A pre-manufactured engineered continuous roadway inlet/trench drain system from CDOT’s Pre-
Approved Product List for forming cast-in-place concrete surface drainage trenches, catch basins and
utility trenches. The system shall be able to accommodate both a fixed built-in slope and a variable slope.
The 8 inch wide trench drain system at the west entrance to the underpass shall have a flow capacity of
0.60 cfs at a 1.0% crown slope. The 8 inch wide trench drain system at the east entrance to the underpass
shall have a flow capacity of 2.30 cfs with a constant slope as shown on the plans. The 12 inch wide
trench drains on the sides of the underpass shall have a flow capacity of 0.60 cfs each with a 0.5% slope.
Steel components shall be hot dipped galvanized after fabrication.
Heavy duty grates that are heel proof and meet ADA requirements shall be provided. All grates shall
have a locking system with access for maintenance.
Subsection 604.06 shall include the following:
Trench drains will be measured by the linear foot complete-in-place.
Catch basins will be measured by the unit.
Inlet grates and frames will not be measured separately but shall be included in the work.
Subsection 604.07 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Trench Drain 1 ( 8 Inch) Linear Feet
Trench Drain 2 (12 Inch) Linear Feet
Trench Drain 3 (8 Inch) Linear Feet
Catch Basin (24” x 24”) Each
Structure excavation and structure backfill will be measured and paid for in accordance with Section 206.
Structural Concrete will be measured and paid for in accordance with Section 601.
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REVISION OF SECTION 607
FENCE CHAIN LINK SPECIAL
Section 607 of the Standard Specifications is hereby revised for this project as follows:
Subsection 607.04 shall include the following:
Measurement for Fence Chain Link (Special) (92 Inch) will be along the base of the fence from the
outside of the end posts and shall include all hardware, concrete, reinforcing steel, and other incidentals to
the erection of the fence.
Subsection 607.05 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Fence Chain Link (Special) ( 92 Inch ) Linear Foot
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REVISION OF SECTION 613
LIGHTING
Subsection 613.12 shall include the following:
Payment will be made under:
Pay Item Pay Unit
1/2 Inch Electrical Conduit Linear Feet
3/4 Inch Electrical Conduit Linear Feet
3/4 Inch Electrical Conduit (Plastic) Linear Feet
1-1/4 Inch Electrical Conduit (Plastic) Linear Feet
2 Inch Electrical Conduit Linear Feet
3 Inch Electrical Conduit Linear Feet
Wiring Lump Sum
Luminaire (Special) (“A” Type Under-Bridge Luminaire) Each
Luminaire (Special) (“B” Type Step Light Luminaire) Each
Light Standard And Luminaire (“C” Type Pedestrian) (18 Foot) Each
Light Standard And Luminaire (“C1” Type Pedestrian) (18 Foot) Each
Concrete Foundation Pad Each
Light Standard Foundation Each
Lighting Control Center Each
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REVISION OF SECTION 614
TRAFFIC CONTROL DEVICES
Section 614 of the Standard Specifications is hereby revised for this project as follows:
614.01 DESCRIPTION
Subsection 614.01 is hereby revised to include the following paragraph:
All steel sign posts and anchors to be steel square tube type perforated sign posts with anchors at proper
heights as per current MUTCD Standards.
614.02 MATERIALS
Subsection 614.02 is hereby revised to include the following paragraph:
Steel square tube type perforated sign posts and anchors shall meet or exceed the following:
a. Posts – 2” x 2” square tube, 12 gauge, ASTM designation A570, Grade 50, drilled with 7/16”
diameter holes on 1” centers.
b. Anchors – 2 ¼” x 2 ¼” x 30” tall square tube, 12 gauge, ASTM designation A570, Grade 50, drilled
with 7/16” diameter holes on 1” centers.
c. Coating – all posts and anchors shall be galvanized to ASTM designation A653, G90, Structural
Quality, Grade 50, Class 1. The steel shall also be coated with a chromate conversion coating and a
clear organic polymer topcoat.
614.09 CONSTRUCTION REQUIREMENTS
Subsection 614.09 is hereby revised to include the following paragraphs:
Steel square tube type perforated sign posts and anchors placed in concrete or asphalt shall be either core
drilled with a 4” diameter hole, or a 4” diameter piece of PVC pipe may be placed into the concrete or
asphalt full depth and flush with the surface.
614.13 METHOD OF MEASUREMENT
Subsection 614.13 is hereby revised to include the following paragraphs:
Steel square tube type perforated sign posts will be measured by the length in linear feet of post installed.
The associated 30” tall anchor will not be measured separately, and shall be included in the cost of the
post.
614.14 BASIS OF PAYMENT
Payment will be made under:
Pay Item Pay Unit
Steel Sign Post (2” x 2”square tube) Linear Foot (LF)
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REVISION OF SECTION 618
PRESTRESSED CONCRETE
Section 618 of the Standard Specifications is hereby revised for this project as follows:
In subsection 618.02 second paragraph delete the first sentence.
In subsection 618.04(c)(7) delete the last sentence.
In subsection 618.04(c)(14) delete the first two paragraphs.
In subsection 618.07(c)2 delete item (1).
Delete Subsection 618.08.
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REVISION OF SECTION 630
CONSTRUCTION ZONE TRAFFIC CONTROL
Section 630 of the Standard Specifications is hereby revised for this project as follows:
Subsection 630.14 is hereby deleted and replaced with the following:
Construction Traffic Control will not be measured separately but will be paid for on a lump sum basis.
This lump sum basis shall include all traffic control devices that are shown on the plans or any other
devices that may be requested by the engineer to ensure the safety of the project. Traffic control
management, traffic control inspection and flagging will not be measured and paid for separately but shall
be included in the cost of the work. It is anticipated that traffic control management services (TCM) will
only be required during the initial set-up of required traffic control devices.
Subsection 630.15 hereby revised as follows:
Delete paragraph 1, 2, 3 including the Pay Item Table and replace with the following:
Payment shall be made at the contract lump sum price for Construction Traffic Control and will be full
compensation for all work necessary to complete the work.
Payment will be made under:
Pay Item Pay Unit
Construction Traffic Control Lump Sum
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1
REVISION OF SECTION 715
LIGHTING AND ELECTRICAL MATERIALS
Section 715.04 Luminaires and Lamps shall be revised to include the following:
(a) General (2) Optical Chamber. Delete “The luminaire distribution shall be an IESNA full-cutoff, type III
reflector system for lamps over 3200 lumens.”
(b) Wall Type Luminaires. Wall mounted luminaire Type ‘A’.
(1) Listing: The luminaire and all components shall be UL/ETL listed for Wet Location and shall
have a minimum Ingress Protection Rating of IP65.
(2) Dimensions: The luminaire shall protrude no farther than 7 inches from mounting location and be
no wider than 14 inches in diameter.
(3) Light Source: the luminaire shall use an LED lamp system of no more than 50 watts, 4000 –
4100K, >70CRI and >2400 lumen output. 70% lumen maintenance at 50,000 hours per IES
LM80.
(4) Optics: the luminaire shall have symmetrical forward throw distribution.
(5) Mounting: the luminaire shall be suitable for surface mounting on concrete with in/out conduit
entries for through-wiring.
(6) Materials: the luminaire bezel shall be constructed of one-piece, die-cast aluminum, low copper
alloy with grill. The luminaire housing shall be constructed of one-piece, die-cast aluminum, low
copper alloy. Both with natural aluminum powder coat finish. The lens shall be UV stabilized
injection-molded pearlescent polycarbonate with interior prismatic lens.
(7) Power Supply: The luminaire shall be furnished with an integral 120v Class 2 power supply
(driver).
(8) Accessory: Furnish luminaire with tamperproof hardware and screwdriver.
(9) Warranty: five (5) years for LED, lifetime for housing.
(c) Step Light Luminaires. Step light luminaire Type ‘B’.
(1) Listing: The luminaire and all components shall be UL/ETL listed for Wet Location.
(2) Dimensions: The luminaire shall be no larger than 5-inches square and only the faceplate shall
protrude from the wall.
(3) Light Source: The luminaire shall use an LED lamp system of no more than 4 watts, 4000 -
4100K and >60 lumen output.
(4) Optics: The luminaire shall have an asymmetrical forward throw distribution with a 90 degree
cutoff capable of maintaining 1.0fc average 4 feet away mounted at 72" on center and 24-inches
above grade to 70% lumen maintenance per IES LM80.
(5) Mounting: The luminaire shall be suitable for concrete pour installation mounted within the
junction box.
(6) Materials: The luminaire face plate shall be solid brushed stainless steel.
(7) Power Supply: The luminaire shall be furnished with an integral 120v Class 2 power supply
(driver).
(8) Accessory: Furnish luminaire with tempered glass lens and tamperproof hardware.
(9) Warranty: five (5) years.
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2
REVISION OF SECTION 715
LIGHTING AND ELECTRICAL MATERIALS
(d) Pedestrian Luminaires. Pedestrian pole luminaire Type ‘C’.
(1) Listing: The luminaire and all components shall be UL/ETL listed for Wet Location and shall
have a minimum Ingress Protection Rating of IP65.
(2) Dimensions: The luminaire and furnished pole shall be 18 feet tall to bottom of luminaire lens.
The luminaire shall be nominal 22” wide, 13” wide and 5” high.
(3) Light Source: The luminaire shall use an LED lamp system of no more than 80 watts, 4000 -
4100K and >5000 lumen output.
(4) Optics: The luminaire shall have a symmetrical, Type III distribution with backlight control,
IP66.
(5) Pole: 4” diameter straight round pole
(6) Mounting: The luminaire and 4” diameter straight round pole shall have a base plate with anchor
bolts for installation on concrete light standard foundation.
(7) Materials: The luminaire housing shall be constructed of die-cast aluminum alloy, the pole of
heavy wall aluminum extrusion, and the base plate of cast aluminum with 5CE powder coat
finish. The lens shall be clear, thermal shock tempered glass.
(8) Power Supply: The luminaire shall be furnished with an integral 120v Class 2 power supply
(driver).
(9) Color: Powder coat paint finish in grey.
(10) Warranty: five (5) years.
(e) Pedestrian Luminaires. Pedestrian pole luminaire Type ‘C1’.
(1) Listing: The luminaire and all components shall be UL/ETL listed for Wet Location and shall
have a minimum Ingress Protection Rating of IP65.
(2) Dimensions: The luminaire and furnished pole shall be 18 feet tall to bottom of luminaire lens.
The luminaire shall be nominal 22” wide, 13” wide and 5” high.
(3) Light Source: The luminaire shall use an LED lamp system of no more than 80 watts, 4000 -
4100K and >5000 lumen output.
(4) Optics: The luminaire shall have an asymmetrical right, Type III distribution with backlight
control, IP66.
(5) Mounting: The luminaire and pole shall have a base plate with anchor bolts for installation on
concrete light standard foundation.
(6) Materials: The luminaire housing shall be constructed of die-cast aluminum alloy, the pole of
heavy wall aluminum extrusion, and the base plate of cast aluminum with 5CE powder coat
finish. The lens shall be clear, thermal shock tempered glass.
(7) Power Supply: The luminaire shall be furnished with an integral 120v Class 2 power supply
(driver).
(8) Color: Powder coat paint finish in grey.
(9) Warranty: five (5) years.
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3
REVISION OF SECTION 715
LIGHTING AND ELECTRICAL MATERIALS
(f) Light Source. Light Sources shall be installed and operated only in luminaires designed to accommodate them
and shall be compatible with drivers supplied with the luminaires into which they are to be installed.
LED lamp systems shall meet or exceed the following requirements:
(1) Binning – All LEDs shall be matched to satisfy the CCT, CRI, and Luminous Flux requirements as
described herein.
a. Correlated Color Temperature (CCT) – All LED lamps shall emit white light and have a
(CCT) 4000-4100 +/- 275° Kelvin.
b. Color Rendering Index (CRI) – LED lamps shall have a minimum Color Rendering Index
(CRI) of >70.
c. Luminous Flux – LED lamps shall not exceed the junction temperature recommended by
the LED manufacturer. Luminous flux differences between LEDs shall not exceed 10%.
(2) Rated Lamp Life - LEDs shall have a minimum rated life of 50,000 hours. The lumen output
shall be maintained at 70% of initial rated lumens or greater at the rated life of the lamp.
(3) Quality Control – Luminaires with LEDs that have a perceptible and significant brightness or
color differences shall be replaced by the Manufacturer at no cost to the Project.
(4) Environmental Conditions – LEDs shall be temperature rated for operation and storage within
the range of -30°C to +40°C, and shall withstand low and high frequency vibration over the rated
life of the lamp.
Section 715.05 shall be revised to include the following:
LED Drivers shall meet or exceed the following requirements:
(c) LED power supplies: LED power supplies shall have an input voltage of 120VAC/60Hz and the output
voltage shall be per LED manufacturer’s specifications. The output voltage shall be regulated automatically
and continuously by an integral electronic voltage regulator to maintain the LED voltage within a tolerance of
+/- 5%. The output current shall be regulated automatically and continuously by an integral electronic current
regulator to maintain the current within a tolerance of +/- 5% of rated mA. All electronics of the power
supply and the LEDs shall be protected from electrical surges. Surge protection shall be integral to the LED
power supply, power factor >90%, and <20% THD.
(d) Testing – LED Power Supplies shall be tested to demonstrate compliance with the relevant ISO, ASTM, and
ANSI Standards that relate to this specification.
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FORCE ACCOUNT ITEMS
DESCRIPTION
This special provision contains the Department’s estimate for force account items included in the Contract. All
force account items 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.
Force Account Item Quantity Amount
Minor Contract Revisions FA $200,000
Partnering FA $5,000
Fuel Cost Adjustment FA $5,000
On the Job Trainee FA $960
Railroad FA $20,000
Erosion Control FA $5,000
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UTILITIES
The known utilities and corresponding contacts for this project are:
Xcel Energy (electricity) Pat Kreager 970-225-7965
Xcel Energy (gas) Dean Gebhardt 970-225-7852
Fort Collins Water Utilities Owen Randal 970-221-6809
Fort Collins Water Utilities Terry Popejoy 970-221-6232
Comcast Dennis Greenwalt 970-484-7166
Qwest Terry Speer 970-337-6405
The work described in these plans and specifications requires full cooperation between the Contractor and the
utility owners in accordance with Subsection 105.06 in conducting their respective operations, so the utility work
can be completed with minimum delay to all parties concerned. Also, in accordance with the plans and
specifications, and as directed by the Engineer, the Contractor shall keep each utility owner advised of any work
being done to its facility, so that each utility owner can coordinate its inspections for final acceptance of the work
with the Engineer.
THE WORK LISTED BELOW SHALL BE PERFORMED BY THE CONTRACTOR
• The Contractor will make arrangements with XCEL Energy to supply power for the field office trailer. The
associated costs of supplying the materials, electrician, permit, inspection, and metered power bills shall be
included in the field office trailer bid item. The Contractor will not be allowed to start construction before the
field office trailer is fully operational. The Contractor may choose to provide a portable power generator at his
own expense if temporary power service isn’t made available in a timely manner.
• BNSF Railway: Coordination with BNSF when work is done within 25-feet of the centerline of the railroad
track.
• Water line: Shoring is required to protect portions of the water line adjacent to the project.
THE WORK LISTED BELOW SHALL BE PERFORMED BY THE UTILITY OWNERS COMPANIES
XCEL Electric – Coordinate crossing of electric line by new drainage line, provide permanent service for new
lighting in underpass, and provide temporary service for the field office trailer.
XCEL Gas – Coordinate crossing of gas line by new drainage line.
Comcast and Qwest – Relocation of lines near the new East Ramp.
Fort Collins Water – Coordinate crossing of water line by new drainage line and excavation near water line.
BNSF Railway – Removal and replacement of ballast, ties, and track during the 7 day track outage.
UTILITIES LOCATING
The Contractor shall comply with Article 1.5 of Title 9 CRS ("Excavation Requirements") when excavating or
grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least
two (2) business days, not including the actual day of notice, prior to commencing such operations. The Contractor
shall contact the Utility Notification Center of Colorado (UNCC) at phone no. 1-800-922-1987, to have locations of
UNCC registered lines marked by member companies. All other underground facilities shall be located by contacting
the respective owner. Utility service laterals shall also be located prior to beginning excavation or grading.
The BNSF Railway may have additional service lines within their right-of-way. The Contractor shall contact the
BNSF for these locates.
The location of utility facilities on the plan and profile sheets, and herein described, were obtained from the best
available information.
All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the work.
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1
BURLINGTON NORTHERN SANTA FE (BNSF) RAILWAY REQUIREMENTS
The Contractor shall conform to all the BNSF Railway requirements as applicable and as stated in the attached
Mason Corridor Bus Rapid Transit Construction and Maintenance Agreement dated March 22, 2011.
The term “Agency” used herein shall be defined as the City of Fort Collins, acting directly or through its duly
authorized representative or agent.
The Contractor shall obtain all permits and agreements from the BNSF Railway and conform to all the BNSF
Railway requirements for operations within the BNSF Right-of-Way. The Contractor shall execute and conform
to the requirement of Exhibit C and Exhibit C-1, attached hereto.
Prior to the Contractor entering BNSF's right-of-way or property, the Contractor will attend a pre-
construction meeting scheduled by the City with BNSF personnel in attendance to reiterate the safety
requirements of construction activity adjacent to live tracks.
During construction, BNSF may require an independent engineering inspector to be present during certain
critical activities of the Project, including but not limited to: driving piles or sheet piles, erecting falsework,
construction of shoring and retaining walls, placing precast elements, placing concrete, placing soil backfill
and compaction processes. The BNSF’s inspector shall have the right to inspect the work.
The Contractor will perform all work in a manner that will not endanger or interfere with the safe and timely
operations of BNSF and its facilities.
The Contractor shall notify the BNSF Roadmaster at least thirty (30) calendar days prior to requesting a BNSF
flagman in accordance with the following requirements. Additionally, the Contractor shall notify the BNSF
Manager of Public Projects thirty (30) calendar days prior to commencing work on BNSF property or near BNSF
tracks.
In addition to the standard submittal to the Engineer, the Contractor(s) must submit four (4) copies of any plans
(including two sets of calculations in English Units) for proposed shoring, falsework or cribbing to be used over,
under, or adjacent to BNSF's tracks to BNSF's Manager of Public Projects for approval. The shoring, falsework or
cribbing used by Agency's contractor shall comply with the BNSF Bridge Requirements set forth on Exhibit F and
all applicable requirements promulgated by state and federal agencies, departments, commissions and other
legislative bodies.
The following provisions are required:
(1) The Contractor is placed on notice that fiber optic, communication and other cable lines and systems
(collectively, the “Lines”) owned by various telecommunications companies may be buried on BNSF’s
property or right-of-way. The locations of these Lines have been included on the plans based on
information from the telecommunications companies. The Contractor will be responsible for contacting
BNSF’s Engineering Representative (307-432-7363), BNSF’s Signal Representative (303-480-6339), and
the telecommunications companies and notifying them of any work that may damage these Lines or
facilities and/or interfere with their services. The Contractor must also mark all Lines shown on the plans
or marked in the field in order to verify their locations. The Contractor must also use all reasonable
methods when working in the BNSF right-of-way or on BNSF property to determine if any other Lines
(fiber optic, cable, communication, or otherwise) may exist.
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2
BURLINGTON NORTHERN SANTA FE (BNSF) RAILWAY REQUIREMENTS
(2) The Contractor will be responsible for the rearrangement of any facilities or Lines determined to interfere
with the construction. The Contractor must cooperate fully with any telecommunications company(ies) in
performing such rearrangements.
(3) Failure to mark or identify these Lines will be sufficient cause for BNSF's engineering representative
(307-432-7363) to stop construction at no cost to the Agency or BNSF until these items are completed.
(4) The contractor hereby indemnifies, defends and holds harmless BNSF for, from and against all cost,
liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and
expenses) arising out of or in any way contributed to by any act or omission of Contractor, its
subcontractors, agents and/or employees that cause or in any way or degree contribute to (1) any damage
to or destruction of any Lines by Contractor, and/or its subcontractors, agents and/or employees, on
BNSF's property or within BNSF's right-of-way, (2) any injury to or death of any person employed by or
on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on BNSF's
property or within BNSF's right-of-way, and/or (3) any claim or cause of action for alleged loss of profits
or revenue by, or loss of service by a customer or user of such telecommunication company(ies).THE
LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A
FACT, THAT THE DAMAGE, DESTRUCTION, INJURY, DEATH, CAUSE OF ACTION OR CLAIM
WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS,
SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS
ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS
NEGLIGENCE OF BNSF.
Except as otherwise provided, all construction work performed pursuant to the following:
(1) All work performed under such contract or contracts within the limits of BNSF's right-of-way must be
performed in a good and workmanlike manner in accordance with plans and specifications approved by
BNSF;
(2) Changes or modifications during construction that affect safety or BNSF operations must be subject to
BNSF's approval;
(3) No work will be commenced within BNSF's right-of-way until each of the prime contractors employed in
connection with said work must have (i) executed and delivered to BNSF a letter agreement in the form of
Exhibit C-l, and (ii) delivered to and secured BNSF's approval of the required insurance; and
(4) To facilitate scheduling for the Project, the Contractor shall give BNSF's representative (307-432-7363)
30 days advance notice of the proposed times and dates for work windows. BNSF will establish mutually
agreeable work windows for the Project. BNSF has the right at any time to revise or change the work
windows, due to train operations or service obligations. BNSF will not be responsible for any additional
costs and expenses resulting from a change in work windows. Additional costs and expenses resulting
from a change in work windows shall be accounted for in the Contractor's expenses for the Project.
(5) All work for the Project must be in compliance with the Bridge Requirements set forth on Exhibit F,
attached to this document and incorporated herein.
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EXHIBIT "C"
CONTRACTOR REQUIREMENTS
1.01 General
x 1.01.01 The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter referred to as
"Railway" where work is over or under on or adjacent to Railway property and/or right-of-way, hereafter
referred to as "Railway Property", during the construction of Fort Collins, Colorado, NRRC Pedestrian
Underpass, L/S 476, MP 70.129, DOT 929053U .
x 1.01.02 The Contractor must execute and deliver to the Railway duplicate copies of the Exhibit “C-1”
Agreement, in the form attached hereto, obligating the Contractor to provide and maintain in full force and
effect the insurance called for under Section 3 of said Exhibit “C-1”. Questions regarding procurement of the
Railroad Protective Liability Insurance should be directed to to Rosa Martinez at Marsh, USA, 214-303-8519.
x 1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to interfere with the
movement of any trains on Railway Property.
x 1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause
the Contractor's work on Railway's Property to cease if, in the opinion of Railway, Contractor's activities create
a hazard to Railway's Property, employees, and/or operations. Railway will have the right to stop construction
work on the Project if any of the following events take place: (i) Contractor (or any of its subcontractors)
performs the Project work in a manner contrary to the plans and specifications approved by Railway; (ii)
Contractor (or any of its subcontractors), in Railway’s opinion, prosecutes the Project work in a manner which
is hazardous to Railway property, facilities or the safe and expeditious movement of railroad traffic; (iii) the
insurance described in the attached Exhibit C-1 is canceled during the course of the Project; or (iv) Contractor
fails to pay Railway for the Temporary Construction License or the Easement. The work stoppage will continue
until all necessary actions are taken by Contractor or its subcontractor to rectify the situation to the satisfaction
of Railway’s Division Engineer or until additional insurance has been delivered to and accepted by Railway. In
the event of a breach of (i) this Agreement, (ii) the Temporary Construction License, or (iii) the Easement,
Railway may immediately terminate the Temporary Construction License or the Easement. Any such work
stoppage under this provision will not give rise to any liability on the part of Railway. Railway’s right to stop
the work is in addition to any other rights Railway may have including, but not limited to, actions or suits for
damages or lost profits. In the event that Railway desires to stop construction work on the Project, Railway
agrees to immediately notify the following individual in writing:
Ms. Helen Migchelbrink
Engineering Department
City of Fort Collins
281 N. College Ave.
Fort Collins., CO 80522-0580
970-221-6340
hmigchelbrink@fcgov.com
x 1.01.05 The Contractor is responsible for determining and complying with all Federal, State and Local
Governmental laws and regulations, including, but not limited to environmental laws and regulations (including
but not limited to the Resource Conservation and Recovery Act, as amended; the Clean Water Act, the Oil
Pollution Act, the Hazardous Materials Transportation Act, CERCLA), and health and safety laws and
regulations. The Contractor hereby indemnifies, defends and holds harmless Railway for, from and against all
1 Form 0102 Rev. 06/10/08
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fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Railway
which arise out of Contractor's work under this Agreement.
x 1.01.06 The Contractor must notify the City of Fort Collins, Colorado at 970-221-6340 and Railway's Manager
Public Projects, telephone number 913-551-4964 at least thirty (30) calendar days before commencing any work
on Railway Property. Contractors notification to Railway, must refer to Railroad's file
Troutman Pedestrian Underpass, L/S 476, MP 70.129, DOT .
x 1.01.07 For any bridge demolition and/or falsework above any tracks or any excavations located with any part
of the excavations located within, whichever is greater, twenty-five (25) feet of the nearest track or intersecting
a slope from the plane of the top of rail on a 2 horizontal to 1 vertical slope beginning at eleven (11) feet from
centerline of the nearest track, both measured perpendicular to center line of track, the Contractor must furnish
the Railway five sets of working drawings showing details of construction affecting Railway Property and
tracks. The working drawing must include the proposed method of installation and removal of falsework,
shoring or cribbing, not included in the contract plans and two sets of structural calculations of any falsework,
shoring or cribbing. For all excavation and shoring submittal plans, the current “BNSF-UPRR Guidelines for
Temporary Shoring” must be used for determining the design loading conditions to be used in shoring design,
and all calculations and submittals must be in accordance with the current “BNSF-UPRR Guidelines for
Temporary Shoring”. All submittal drawings and calculations must be stamped by a registered professional
engineer licensed to practice in the state the project is located. All calculations must take into consideration
railway surcharge loading and must be designed to meet American Railway Engineering and
Maintenance-of-Way Association (previously known as American Railway Engineering Association) Coopers
E-80 live loading standard. All drawings and calculations must be stamped by a registered professional engineer
licensed to practice in the state the project is located. The Contractor must not begin work until notified by the
Railway that plans have been approved. The Contractor will be required to use lifting devices such as, cranes
and/or winches to place or to remove any falsework over Railway's tracks. In no case will the Contractor be
relieved of responsibility for results obtained by the implementation of said approved plans.
x 1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the Contractor such that the
work may be handled and performed in an efficient manner. The Contractor will have no claim whatsoever for
any type of damages or for extra or additional compensation in the event his work is delayed by the Railway.
1.02 Contractor Safety Orientation
x 1.02.01 No employee of the Contractor, its subcontractors, agents or invitees may enter Railway Property
without first having completed Railway’s Engineering Contractor Safety Orientation, found on the web
site www.contractororientation.com. The Contractor must ensure that each of its employees,
subcontractors, agents or invitees completes Railway’s Engineering Contractor Safety Orientation
through internet sessions before any work is performed on the Project. Additionally, the Contractor
must ensure that each and every one of its employees, subcontractors, agents or invitees possesses a card
certifying completion of the Railway Contractor Safety Orientation before entering Railway Property.
The Contractor is responsible for the cost of the Railway Contractor Safety Orientation. The Contractor
must renew the Railway Contractor Safety Orientation annually. Further clarification can be found on
the web site or from the Railway’s Representative.
1.03 Railway Requirements
x 1.03.01 The Contractor must take protective measures as are necessary to keep railway facilities, including
track ballast, free of sand, debris, and other foreign objects and materials resulting from his operations. Any
damage to railway facilities resulting from Contractor's operations will be repaired or replaced by Railway and
the cost of such repairs or replacement must be paid for by the Agency.
x 1.03.02 The Contractor must notify the Railway's Division Engineer Mark Carpenter at 303-480-6393 and
provide blasting plans to the Railway for review seven (7) calendar days prior to conducting any blasting
operations adjacent to or on Railway's Property.
2 Form 0102 Rev. 06/10/08
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x 1.03.03 The Contractor must abide by the following temporary clearances during construction:
15’ Horizontally from centerline of nearest track
21’-6” Vertically above top of rail
27'-0" Vertically above top of rail for electric wires carrying less than 750 volts
28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts
30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts
34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts
x 1.03.04 Upon completion of construction, the following clearances shall be maintained:
25’ Horizontally from centerline of nearest track
23’-3 ½” Vertically above top of rail
x 1.03.05 Any infringement within State statutory clearances due to the Contractor's operations must be
submitted to the Railway and to the City of Fort Collins, Colorado and must not be undertaken until approved in
writing by the Railway, and until the City of Fort Collins, Colorado has obtained any necessary authorization
from the State Regulatory Authority for the infringement. No extra compensation will be allowed in the event
the Contractor's work is delayed pending Railway approval, and/or the State Regulatory Authority's approval.
x 1.03.06 In the case of impaired vertical clearance above top of rail, Railway will have the option of installing
tell-tales or other protective devices Railway deems necessary for protection of Railway operations. The cost of
tell-tales or protective devices will be borne by the Agency.
x 1.03.07 The details of construction affecting the Railway's Property and tracks not included in the contract
plans must be submitted to the Railway by City of Fort Collins, Colorado for approval before work is
undertaken and this work must not be undertaken until approved by the Railway.
x 1.03.08 At other than public road crossings, the Contractor must not move any equipment or materials across
Railway's tracks until permission has been obtained from the Railway. The Contractor must obtain a
"Temporary Construction Crossing Agreement" from the Railway prior to moving his equipment or materials
across the Railways tracks. The temporary crossing must be gated and locked at all times when not required for
use by the Contractor. The temporary crossing for use of the Contractor will be constructed and, at the
completion of the project, removed at the expense of the Contractor.
x 1.03.09 Discharge, release or spill on the Railway Property of any hazardous substances, oil, petroleum,
constituents, pollutants, contaminants, or any hazardous waste is prohibited and Contractor must immediately
notify the Railway's Resource Operations Center at 1(800) 832-5452, of any discharge, release or spills in
excess of a reportable quantity. Contractor must not allow Railway Property to become a treatment, storage or
transfer facility as those terms are defined in the Resource Conservation and Recovery Act or any state
analogue.
x 1.03.10 The Contractor upon completion of the work covered by this contract, must promptly remove from
the Railway's Property all of Contractor's tools, equipment, implements and other materials, whether brought
upon said property by said Contractor or any Subcontractor, employee or agent of Contractor or of any
Subcontractor, and must cause Railway's Property to be left in a condition acceptable to the Railway's
representative.
1.04 Contractor Roadway Worker on Track Safety Program and Safety Action Plan
x 1.04.01 Each Contractor that will perform work within 25 feet of the centerline of a track must develop and
implement a Roadway Worker Protection/On Track Safety Program and work with Railway Project
Representative to develop an on track safety strategy as described in the guidelines listed in the on track safety
portion of the Safety Orientation. This Program must provide Roadway Worker protection/on track training for
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all employees of the Contractor, its subcontractors, agents or invitees. This training is reinforced at the job site
through job safety briefings. Additionally, each Contractor must develop and implement the Safety Action Plan,
as provided for on the web site www.contractororientation.com, which will be made available to Railway
prior to commencement of any work on Railway Property. During the performance of work, the Contractor
must audit its work activities. The Contractor must designate an on-site Project Supervisor who will serve as the
contact person for the Railway and who will maintain a copy of the Safety Action Plan, safety audits, and
Material Safety Datasheets (MSDS), at the job site.
1.05 Railway Flagger Services:
x 1.05.01 The Contractor must give Railway’s Roadmaster (telephone 307-432-7357) a minimum of thirty (30)
calendar days advance notice when flagging services will be required so that the Roadmaster can make
appropriate arrangements (i.e., bulletin the flagger’s position). If flagging services are scheduled in advance by
the Contractor and it is subsequently determined by the parties hereto that such services are no longer necessary,
the Contractor must give the Roadmaster five (5) working days advance notice so that appropriate arrangements
can be made to abolish the position pursuant to union requirements.
x 1.05.02 Unless determined otherwise by Railway’s Project Representative, Railway flagger will be required
and furnished when Contractor’s work activities are located over, under and/or within twenty-five (25) feet
measured horizontally from centerline of the nearest track and when cranes or similar equipment positioned
beyond 25-feet from the track centerline could foul the track in the event of tip over or other catastrophic
occurrence, but not limited thereto for the following conditions:
x 1.05.02a When, upon inspection by Railway’s Representative, other conditions warrant.
x 1.05.02b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's
representative, track or other Railway facilities may be subject to movement or settlement.
x 1.05.02c When work in any way interferes with the safe operation of trains at timetable speeds.
x 1.05.02d When any hazard is presented to Railway track, communications, signal, electrical, or other facilities
either due to persons, material, equipment or blasting in the vicinity.
x 1.05.02e Special permission must be obtained from the Railway before moving heavy or cumbersome objects
or equipment which might result in making the track impassable.
x 1.05.03 Flagging services will be performed by qualified Railway flaggers.
x 1.05.03a Flagging crew generally consists of one employee. However, additional personnel may be required to
protect Railway Property and operations, if deemed necessary by the Railways Representative.
x 1.05.03b Each time a flagger is called, the minimum period for billing will be the eight (8) hour basic day.
x 1.05.03c The cost of flagger services provided by the Railway will be borne by the (Agency)
. The estimated cost for one (1) flagger is approximately between $800.00-$1,600.00 for an eight (8) hour basic
day with time and one-half or double time for overtime, rest days and holidays. The estimated cost for each
flagger includes vacation allowance, paid holidays, Railway and unemployment insurance, public liability and
property damage insurance, health and welfare benefits, vehicle, transportation, meals, lodging, radio,
equipment, supervision and other costs incidental to performing flagging services. Negotiations for Railway
labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may
increase actual or estimated flagging rates. THE FLAGGING RATE IN EFFECT AT THE TIME OF
PERFORMANCE BY THE CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE THE
ACTUAL COSTS OF FLAGGING PURSUANT TO THIS PARAGRAPH.
4 Form 0102 Rev. 06/10/08
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CONSTRUCTION SUBACCOUNT NO. 16526
January 2012
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x 1.05.03d The average train traffic on this route is __5 to 7 ___ freight trains per 24-hour period at a timetable
speed __40____ MPH and __No____ passenger trains at a timetable speed of __N/A____ MPH.
1.06 Contractor General Safety Requirements
x 1.06.01 Work in the proximity of railway track(s) is potentially hazardous where movement of trains and
equipment can occur at any time and in any direction. All work performed by contractors within 25 feet
of any track must be in compliance with FRA Roadway Worker Protection Regulations.
x 1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing must be
conducted with all personnel involved with the task and repeated when the personnel or task changes. If
the task is within 25 feet of any track, the job briefing must include the Railway's flagger, as applicable,
and include the procedures the Contractor will use to protect its employees, subcontractors, agents or
invitees from moving any equipment adjacent to or across any Railway track(s).
x 1.06.03 Workers must not work within 25 feet of the centerline of any track without an on track safety
strategy approved by the Railway’s Project Representative. When authority is provided, every
contractor employee must know: (1) who the Railway flagger is, and how to contact the flagger, (2)
limits of the authority, (3) the method of communication to stop and resume work, and (4) location of the
designated places of safety. Persons or equipment entering flag/work limits that were not previously job
briefed, must notify the flagger immediately, and be given a job briefing when working within 25 feet of
the center line of track.
x 1.06.04 When Contractor employees are required to work on the Railway Property after normal
working hours or on weekends, the Railroad's representative in charge of the project must be notified. A
minimum of two employees must be present at all times.
x 1.06.05 Any employees, agents or invitees of Contractor or its subcontractors under suspicion of being under
the influence of drugs or alcohol, or in the possession of same, will be removed from the Railway's Property and
subsequently released to the custody of a representative of Contractor management. Future access to the
Railway's Property by that employee will be denied.
x 1.06.06 Any damage to Railway Property, or any hazard noticed on passing trains must be reported
immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come
in contact with track, signal equipment, or structure (bridge) and could result in a train derailment must be
reported immediately to the Railway representative in charge of the project and to the Railway's Resource
Operations Center at 1(800) 832-5452. Local emergency numbers are to be obtained from the Railway
representative in charge of the project prior to the start of any work and must be posted at the job site.
x 1.06.07 For safety reasons, all persons are prohibited from having pocket knives, firearms or other deadly
weapons in their possession while working on Railway's Property.
x 1.06.08 All personnel protective equipment (PPE) used on Railway Property must meet applicable OSHA and
ANSI specifications. Current Railway personnel protective equipment requirements are listed on the web site,
www.contractororientation.com, however, a partial list of the requirements include: a) safety glasses with
permanently affixed side shields (no yellow lenses); b) hard hats c) safety shoe with: hardened toes,
above-the-ankle lace-up and a defined heel; and d) high visibility retro-reflective work wear. The Railroad’s
representative in charge of the project is to be contacted regarding local specifications for meeting requirements
relating to hi-visability work wear. Hearing protection, fall protection, gloves, and respirators must be worn as
required by State and Federal regulations. (NOTE – Should there be a discrepancy between the information
contained on the web site and the information in this paragraph, the web site will govern.)
x 1.06.09 THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS, MACHINERY OR
EQUIPMENT CLOSER THAN 25'-0" TO THE CENTER LINE OF THE NEAREST RAILWAY
TRACK. MATERIALS, MACHINERY OR EQUIPMENT MUST NOT BE STORED OR LEFT
5 Form 0102 Rev. 06/10/08
COLORADO PROJECT NO. AQC M455-089
CONSTRUCTION SUBACCOUNT NO. 16526
January 2012
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WITHIN 250 FEET OF ANY HIGHWAY/RAIL AT-GRADE CROSSINGS OR TEMPORARY
CONSTRUCTION CROSSING, WHERE STORAGE OF THE SAME WILL OBSTRUCT THE VIEW
OF A TRAIN APPROACHING THE CROSSING. PRIOR TO BEGINNING WORK, THE
CONTRACTOR MUST ESTABLISH A STORAGE AREA WITH CONCURRENCE OF THE
RAILROAD'S REPRESENTATIVE.
x 1.06.10 Machines or vehicles must not be left unattended with the engine running. Parked machines or
equipment must be in gear with brakes set and if equipped with blade, pan or bucket, they must be lowered to
the ground. All machinery and equipment left unattended on Railway's Property must be left inoperable and
secured against movement. (See internet Engineering Contractor Safety Orientation program for more detailed
specifications)
x 1.06.11 Workers must not create and leave any conditions at the work site that would interfere with water
drainage. Any work performed over water must meet all Federal, State and Local regulations.
x 1.06.12 All power line wires must be considered dangerous and of high voltage unless informed to the contrary
by proper authority. For all power lines the minimum clearance between the lines and any part of the
equipment or load must be; 200 KV or below - 15 feet; 200 to 350 KV - 20 feet; 350 to 500 KV - 25 feet; 500
to 750 KV - 35 feet; and 750 to 1000 KV - 45 feet. If capacity of the line is not known, a minimum clearance of
45 feet must be maintained. A person must be designated to observe clearance of the equipment and give a
timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual
means.
1.07 Excavation
x 1.07.01 Before excavating, the Contractor must determine whether any underground pipe lines, electric wires,
or cables, including fiber optic cable systems are present and located within the Project work area. The
Contractor must determine whether excavation on Railway’s Property could cause damage to buried cables
resulting in delay to Railway traffic and disruption of service to users. Delays and disruptions to service may
cause business interruptions involving loss of revenue and profits. Before commencing excavation, the
Contractor must contact BNSF’s Field Engineering Representative (303-480-6586). All underground and
overhead wires will be considered HIGH VOLTAGE and dangerous until verified with the company having
ownership of the line. It is the Contractor's responsibility to notify any other companies that have
underground utilities in the area and arrange for the location of all underground utilities before
excavating.
x 1.07.02 The Contractor must cease all work and notify the Railway immediately before continuing excavation
in the area if obstructions are encountered which do not appear on drawings. If the obstruction is a utility and
the owner of the utility can be identified, then the Contractor must also notify the owner immediately. If there
is any doubt about the location of underground cables or lines of any kind, no work must be performed until the
exact location has been determined. There will be no exceptions to these instructions.
x 1.07.03 All excavations must be conducted in compliance with applicable OSHA regulations and, regardless of
depth, must be shored where there is any danger to tracks, structures or personnel.
x 1.07.04 Any excavations, holes or trenches on the Railway's Property must be covered, guarded and/or
protected when not being worked on. When leaving work site areas at night and over weekends, the areas must
be secured and left in a condition that will ensure that Railway employees and other personnel who may be
working or passing through the area are protected from all hazards. All excavations must be back filled as soon
as possible.
1.08 Hazardous Waste, Substances and Material Reporting
x 1.08.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious
material, including but not limited to any non-containerized commodity or material, on or adjacent to Railway's
Property, in or near any surface water, swamp, wetlands or waterways, while performing any work under this
6 Form 0102 Rev. 06/10/08
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Agreement, Contractor must immediately: (a) notify the Railway's Resource Operations Center at 1(800)
832-5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents
and/or third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate
measure to minimize the impact of such release.
1.09 Personal Injury Reporting
x 1.09.01 The Railway is required to report certain injuries as a part of compliance with Federal Railroad
Administration (FRA) reporting requirements. Any personal injury sustained by an employee of the Contractor,
subcontractor or Contractor's invitees while on the Railway's Property must be reported immediately (by phone
mail if unable to contact in person) to the Railway's representative in charge of the project. The Non-Employee
Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at
1(817) 352-7595 and to the Railway’s Project Representative no later than the close of shift on the date of the
injury.
7 Form 0102 Rev. 06/10/08
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CONSTRUCTION SUBACCOUNT NO. 16526
January 2012
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NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION
INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD
BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IS NOT INTENDED TO
PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY.
1. Accident City/St 2. Date: Time:
County: 3. Temperature: 4. Weather
(if non-Railway location)
5. Social Security #
6. Name (last, first, mi)
7. Address: Street: City: St. Zip:
8. Date of Birth: and/or Age Gender:
(if available)
9. (a) Injury: (b) Body Part:
(i.e. (a) Laceration (b) Hand)
11. Description of Accident (To include location, action, result, etc.):
12. Treatment:
? First Aid Only
? Required Medical Treatment
? Other Medical Treatment
13. Dr. Name 30. Date:
14. Dr. Address:
Street: City: St: Zip:
15. Hospital Name:
16. Hospital Address:
Street: City: St: Zip:
17. Diagnosis:
FAX TO
RAILWAY AT (817) 352-7595
AND COPY TO
RAILWAY ROADMASTER FAX
8 Form 0102 Rev. 06/10/08
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CONSTRUCTION SUBACCOUNT NO. 16526
January 2012
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Overpass EXHIBIT "C-1"
Agreement
Between
BNSF RAILWAY COMPANY
and the
CONTRACTOR
BNSF RAILWAY COMPANY
Attention: Manager Public Projects
Railway File: L/S 476, MP 70.129, Troutman Pedestrian Underpass DOT 929053U
Agency Project: Troutman Pedestrian Underrpass
Gentlemen:
The undersigned (hereinafter called, the “Contractor”), has entered into a contract (the “Contract”)dated
______________, 200_, with The City of Fort Collins, Coloradofor the performance of certain work in connection
with the following project:
Construction of the NRRC Pedestrian Overpass Project, DOT 929053U, Railroad’s Line Segment 476, MP
70.129. Performance of such work will necessarily require contractor to enter BNSF RAILWAY COMPANY
("Railway") right of way and property ("Railway Property"). The Contract provides that no work will be
commenced within Railway Property until the Contractor employed in connection with said work for City of Fort
Collins, Colorado. (i) executes and delivers to Railway an Agreement in the form hereof, and (ii) provides insurance
of the coverage and limits specified in such Agreement and Section 3 herein. If this Agreement is executed by a
party who is not the Owner, General Partner, President or Vice President of Contractor, Contractor must furnish
evidence to Railway certifying that the signatory is empowered to execute this Agreement on behalf of Contractor.
Accordingly, in consideration of Railway granting permission to Contractor to enter upon Railway Property
and as an inducement for such entry, Contractor, effective on the date of the Contract, has agreed and does hereby
agree with Railway as follows:
Section 1. RELEASE OF LIABILITY AND INDEMNITY
Contractor hereby waives, releases, indemnifies, defends and holds harmless Railway for all judgments,
awards, claims, demands, and expenses (including attorneys' fees), for injury or death to all persons, including
Railway's and Contractor's officers and employees, and for loss and damage to property belonging to any person,
arising in any manner from Contractor's or any of Contractor's subcontractors' acts or omissions or any work
performed on or about Railway’s property or right-of-way. THE LIABILITY ASSUMED BY CONTRACTOR
WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DESTRUCTION, DAMAGE,
DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF
RAILWAY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT
THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR
GROSS NEGLIGENCE OF RAILWAY.
THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES ANY
CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL
EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE
SAFETY APPLIANCE ACT OR THE BOILER INSPECTION ACT, WHENEVER SO CLAIMED.
Contractor further agrees, at its expense, in the name and on behalf of Railway, that it will adjust and settle
all claims made against Railway, and will, at Railway's discretion, appear and defend any suits or actions of law or
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in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner
connected with any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to
be liable. Railway will give notice to Contractor, in writing, of the receipt or dependency of such claims and
thereupon Contractor must proceed to adjust and handle to a conclusion such claims, and in the event of a suit being
brought against Railway, Railway may forward summons and complaint or other process in connection therewith to
Contractor, and Contractor, at Railway's discretion, must defend, adjust, or settle such suits and protect, indemnify,
and save harmless Railway from and against all damages, judgments, decrees, attorney's fees, costs, and expenses
growing out of or resulting from or incident to any such claims or suits.
It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in
this Agreement survive any termination of this Agreement.
Section 2. TERM
This Agreement is effective from the date of the Contract until (i) the completion of the project set forth
herein, and (ii) full and complete payment to Railway of any and all sums or other amounts owing and due
hereunder.
Section 3. INSURANCE
Contractor must, at its sole cost and expense, procure and maintain during the life of this Agreement the
following insurance coverage:
A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with
a combined single limit of a minimum of $5,000,000 each occurrence and an aggregate limit of at least
$10,000,000 but in no event less than the amount otherwise carried by the contractor. Coverage must be
purchased on a post 1998 ISO occurrence form or equivalent and include coverage for, but not limit to the
following:
x Bodily Injury and Property Damage
x Personal Injury and Advertising Injury
x Fire legal liability
x Products and completed operations
This policy shall also contain the following endorsements, which shall be indicated on the certificate of
insurance:
x The definition of insured contract shall be amended to remove any exclusion or other
limitation for any work being done within 50 feet of railroad property.
x Waiver of subrogation in favor of and acceptable to Railroad.
x Additional insured endorsement in favor of and acceptable to Railroad.
x Separation of insureds.
x The policy shall be primary and non-contributing with respect to any insurance carried by
Railroad.
It is agreed that the workers’ compensation and employers’ liability related exclusions in the Commercial
General Liability insurance policy(s) required herein are intended to apply to employees of the policy
holder and shall not apply to Railroad employees.
No other endorsements limiting coverage as respects obligations under this Agreement may be included on
the policy with regard to the work being performed under this agreement.
B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least
$1,000,000 per occurrence, and include coverage for, but not limited to the following:
x Bodily injury and property damage
x Any and all vehicles owned, used or hired
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The policy shall also contain the following endorsements or language, which shall be indicated on the
certificate of insurance:
x Waiver of subrogation in favor of and acceptable to Railroad.
x Additional insured endorsement in favor or and acceptable to Railroad.
x Separation of insureds.
x The policy shall be primary and non-contributing with respect to any insurance carried by
Railroad.
C. Workers Compensation and Employers Liability insurance including coverage for, but not limited to:
x Contractor’s statutory liability under the worker’s compensation laws of the state(s) in
which the work is to be performed. If optional under State law, the insurance must cover
all employees anyway.
x Employers’ Liability (Part B) with limits of at least $500,000 each accident, $500,000 by
disease policy limit, $500,000 by disease each employee.
This policy shall also contain the following endorsements or language, which shall be indicated on the
certificate of insurance:
x Waiver of subrogation in favor of and acceptable to Railroad.
D. Railroad Protective Liability insurance naming only the Railroad as the Insured with coverage of at least
$5,000,000 per occurrence and $10,000,000 in the aggregate. The policy Shall be issued on a standard ISO
form CG 00 35 10 93 and include the following:
x Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31 10 93)
x Endorsed to include the Limited Seepage and Pollution Endorsement.
x Endorsed to remove any exclusion for punitive damages.
x No other endorsements restricting coverage may be added.
x The original policy must be provided to the Railroad prior to performing any work or
services under this Agreement
In lieu of providing a Railroad Protective Liability Policy, Licensee may participate in Licensor’s Blanket Railroad
Protective Liability Insurance Policy available to contractor.
Other Requirements:
All policies (applying to coverage listed above) must not contain an exclusion for punitive damages and
certificates of insurance must reflect that no exclusion exists.
Contractor agrees to waive its right of recovery against Railroad for all claims and suits against Railroad.
In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation
against Railroad for all claims and suits. The certificate of insurance must reflect the waiver of subrogation
endorsement. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation
against Railroad for loss of its owned or leased property or property under contractor’s care, custody or control.
.Contractor is not allowed to self-insure without the prior written consent of Railroad. If granted by
Railroad, any deductible, self-insured retention or other financial responsibility for claims must be covered directly
by contractor in lieu of insurance. Any and all Railroad liabilities that would otherwise, in accordance with the
provisions of this Agreement, be covered by contractor’s insurance will be covered as if contractor elected not to
include a deductible, self-insured retention or other financial responsibility for claims.
Prior to commencing the Work, contractor must furnish to Railroad an acceptable certificate(s) of insurance
including an original signature of the authorized representative evidencing the required coverage, endorsements, and
amendments. The policy(ies) must contain a provision that obligates the insurance company(ies) issuing such
policy(ies) to notify Railroad in writing at least 30 days prior to any cancellation, non-renewal, substitution or
material alteration. This cancellation provision must be indicated on the certificate of insurance. Upon request from
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Railroad, a certified duplicate original of any required policy must be furnished. Contractor should send the
certificate(s) to the following address:
Ebix BPO
PO Box 12010-BN
Hemet, CA 92546-8010
Fax number: 951-652-2882
Email: bnsf@ebix.com
Any insurance policy must be written by a reputable insurance company acceptable to Railroad or with a
current Best’s Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the
service is to be provide.
Contractor represents that this Agreement has been thoroughly reviewed by contractor’s insurance
agent(s)/broker(s), who have been instructed by contractor to procure the insurance coverage required by this
Agreement. Allocated Loss Expense must be in addition to all policy limits for coverages referenced above.
Not more frequently than once every five years, Railroad may reasonably modify the required insurance coverage
to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance
industry.
If any portion of the operation is to be subcontracted by contractor, contractor must require that the
subcontractor provide and maintain the insurance coverages set forth herein, naming Railroad as an additional
insured, and requiring that the subcontractor release, defend and indemnify Railroad to the same extent and under
the same terms and conditions as contractor is required to release, defend and indemnify Railroad herein.
Failure to provide evidence as required by this section will entitle, but not require, Railroad to terminate
this Agreement immediately. Acceptance of a certificate that does not comply with this section will not operate as a
waiver of contractor's obligations hereunder.
The fact that insurance (including, without limitation, self-insurance) is obtained by contractor will not be
deemed to release or diminish the liability of contractor including, without limitation, liability under the indemnity
provisions of this Agreement. Damages recoverable by Railroad will not be limited by the amount of the required
insurance coverage.
For purposes of this section, Railroad means “Burlington Northern Santa Fe Corporation”, “BNSF
RAILWAY COMPANY” and the subsidiaries, successors, assigns and affiliates of each.
Section 4. EXHIBIT “C” CONTRACTOR REQUIREMENTS
The Contractor must observe and comply with the provisions, obligations, requirements and limitations
contained in the Contract and the Contractor Requirements set forth on Exhibit “C” attached to the Contract and this
Agreement, including, but not be limited to, payment of all costs incurred for any damages to Railway roadbed,
tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or
agents or subcontractors on or about the construction site.
Section 5. TRAIN DELAY
Contractor is responsible for and hereby indemnifies and holds harmless Railway (including its affiliated
railway companies, and its tenants) for, from and against all damages arising from any unscheduled delay to a
freight or passenger train which affects Railway's ability to fully utilize its equipment and to meet customer service
and contract obligations. Contractor will be billed, as further provided below, for the economic losses arising from
loss of use of equipment, contractual loss of incentive pay and bonuses and contractual penalties resulting from train
delays, whether caused by Contractor, or subcontractors, or by the Railway performing work under this Agreement.
Railway agrees that it will not perform any act to unnecessarily cause train delay.
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For loss of use of equipment, Contractor will be billed the current freight train hour rate per train as
determined from Railway's records. Any disruption to train traffic may cause delays to multiple trains at the same
time for the same period.
Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other grain, intermodal,
coal and freight trains operate under incentive/penalty contracts between Railway and its customer(s). Under these
arrangements, if Railway does not meet its contract service commitments, Railway may suffer loss of performance
or incentive pay and/or be subject to penalty payments. Contractor is responsible for any train performance and
incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a
train delay caused by Contractor or its subcontractors.
The contractual relationship between Railway and its customers is proprietary and confidential. In the
event of a train delay covered by this Agreement, Railway will share information relevant to any train delay to the
extent consistent with Railway confidentiality obligations. Damages for train delay for certain trains may be as high
as $50,000.00 per incident.
Contractor and its subcontractors must give Railway’s representative (Dave Neubauer, 307-432-
7357 thirty (30) days advance notice of the times and dates for proposed work windows. Railway and
Contractor will establish mutually agreeable work windows for the project. Railway has the right at any time
to revise or change the work windows due to train operations or service obligations. Railway will not be
responsible for any additional costs or expenses resulting from a change in work windows. Additional costs
or expenses resulting from a change in work windows shall be accounted for in Contractor’s expenses for the
project.
Contractor and subcontractors must plan, schedule, coordinate and conduct all Contractor's work so
as to not cause any delays to any trains.
Kindly acknowledge receipt of this letter by signing and returning to the Railway two original copies of this
letter, which, upon execution by Railway, will constitute an Agreement between us.
____________________________________
(Contractor) BNSF Railway Company
By:_________________________________ By:__________________________________
Printed Name:________________________ Name:________________________________
Title: _______________________________ Manager Public Projects
Contact Person: Accepted and effective this _____day of 20__.
Address_____________________________
City:__________________State:___Zip:___
Fax:
Phone:
E-mail:
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***** MAINTAIN PROPRIETARY CONFIDENTIALITY *****
BNSF RAILWAY COMPANY
FHPM ESTIMATE FOR
CITY OF FORT COLLINS, COLORADO
LOCATION FORT COLLINS, CO, MP 70.129 DETAILS OF ESTIMATE PLAN ITEM : TBD VERSION : 1
PURPOSE, JUSTIFICATION AND DESCRIPTION
ONSITE ENGINEER- LS 476-MP 70.129-DOT 244773S - TROUTMAN UNDERPASS - FRT RANGE SUB - CO DIV - RDM D NEUBAUER - DE CARPENTER
DESCRIPTION OF PROJECT AS PROVIDED BY PROJECT ENGINEER: G.ELIASSEN
DUTIES FOR BNSF ON-SITE ENGINEERING REPRESENTATIVE.
BILLING FOR THIS PROJECT SHOULD BE DIRECTED TO:
100% BILLABLE TO CITY OF FORT COLLINS, COLORADO
MAINTAIN PROPRIETARY CONFIDENTIALITY
THE PHYSICAL LIMITS OF THIS PROJECT ARE DESCRIBED BY LINE SEGMENT, MILE POST RANGES, AND IN SOME CASES TRACK
NUMBER. THIS IS THE PRIMARY AREA FOR THE PROJECT. THERE WILL BE CASES WHERE WORK MAY OCCUR BEYOND THE DEFINED
LIMITS.
PROJECTS THAT INCLUDE SIGNAL, ELECTRICAL, OR TELECOMMUNICATION EQUIPMENT MAY REQUIRE ACTIVITY BEYOND THESE
DEFINED TRACK LIMITS. ALL OR PORTIONS OF SOME PROJECTS MAY OCCUR IN AREAS WHERE NO MILEPOST SIGNS EXIST SUCH AS
YARDS.
THIS ESTIMATE IS GOOD FOR 90 DAYS. THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR LABOR, MATERIAL, AND
OVERHEAD.
DESCRIPTION QUANTITY U/M COST TOTAL $
**********
LABOR
**********
TOTAL LABOR COST 0 0
*************
MATERIAL
*************
TOTAL MATERIAL COST 0 0
**********
OTHER
**********
ONSITE ENGINEERING REP 850.0 DAY 45,000
TOTAL OTHER ITEMS COST 45,000 45,000
PROJECT SUBTOTAL 45,000
CONTINGENCIES 4,500
BILL PREPARATION FEE 832
GROSS PROJECT COST 50,332
LESS COST PAID BY BNSF 0
TOTAL BILLABLE COST 50,332
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Andy Amparan BNSF Railway Company
Manager, Public Projects 4515 Kansas Avenue
Colorado, Nebraska & Wyoming Kansas City, KS 66106-1199
913-551-4964
Fax 913-551-4794
Email andy.amparan@bnsf.com
March 23, 2011
Ms. Helen Migchelbrink
Engineering Department
City of Fort Collins
281 N. College Ave.
Fort Collins., CO 80522-0580
RE: Concept Approval of Plans and Specifications, re Troutman Pedestrian Underpass
Grade Separation Agreement – DOT 929053U, L/S 476, MP 72.29
Dear Ms. Migchelbrink:
This letter serves as BNSF RAILWAY’S COMPANY’S (“BNSF”) written approval of the
conceptual Plans and specifications covering the construction of Troutman Pedestrian Underpass,
subject to incorporation of BNSF comments and review of the final details..
BNSF has not reviewed the design details or calculations for structural integrity or engineering
accuracy. BNSF accepts no responsibility for errors or omissions in the design of the project.
Sincerely,
Andy Amparan
Manager – Public Projects
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COLORADO PROJECT NO. AQC M455-089
CONSTRUCTION SUBACCOUNT NO. 16526
January 2012
123P
STANDARD SPECIAL PROVISIONS
May 5, 2011
1
REVISION OF SECTION 103
ESCROW OF PROPOSAL DOCUMENTATION
Section 103 of the Standard Specifications is hereby revised for this project as follows:
Add subsection 103.05 as follows:
103.05 Escrow of Proposal Documentation (EPD). The successful bidder, and subcontractors with
subcontracts exceeding $200,000, shall submit all information and calculations used to determine their bid for this
project prior to executing the Contract. This documentation hereinafter referred to as "Escrow of Proposal
Documentation" or "EPD", will be held in escrow for the duration of the Contract. If necessary, it will be used for
the purpose of determining the Contractor's proposal concept, for price adjustments as provided in the Contract,
or to resolve any dispute or claim by the Contractor.
(a) Format. Bidders and subcontractors are encouraged to submit the EPD in their usual cost-estimating format;
a standard format is not required. It is not the intention of this specification to cause extra work during the
preparation of a proposal, but to ensure that the documentation will be adequate to enable complete
understanding and proper interpretation for the intended use.
The EPD shall clearly itemize the costs for each pay item. Each pay item shall be broken down into
components small enough to allow a detailed cost estimate. Costs allocated to each component shall be
broken down into the bidder's usual estimate categories such as direct labor, repair labor, equipment parts
and supplies, expendable materials, permanent materials, and subcontractor cost as appropriate. Plant and
equipment and indirect cost shall be broken down in the bidder’s usual format. Plant and equipment and
indirect cost allocations shall be made to each bid item as appropriate. All costs shall be identified.
The EPD shall include quantity takeoffs, construction schedule on which the bid is based, rates of production
and progress, calculations, copies and quotes from subcontractors and suppliers, memoranda, narratives,
and all other information used by the bidder to arrive at all of the prices contained in the proposal. Manuals
standard to the industry that are used by the Contractor may be included by reference to the name, date, and
publisher of the manual.
(b) Submittal. The EPD shall be submitted to the Engineer in a sealed container, prior to executing the Contract,
and shall be clearly marked with the bidder's name, date of submittal, project number, and "Escrow of
Proposal Documentation." The EPD shall be accompanied with an affidavit, in the form following this
subsection, signed by an individual authorized by the bidder to execute the proposal, stating that the material
in the EPD contains all of the information which was used to develop the bid, that the individual has
personally examined the contents of the EPD container, and the documentation is correct and complete.
Failure to submit EPDs as herein required will be cause for rejection of the proposal.
The successful bidder agrees, as a condition of award of the Contract, that the EPD constitutes all the
assumptions and information used in the preparation of its proposal, and that no other proposal preparation
information shall be considered in evaluating disputes or claims.
(c) Storage. The EPDs are, and shall remain, the property of the Contractor or subcontractors who prepared
them and they are subject to use as provided herein. The EPDs shall be placed in escrow during the life of
the Contract, in a banking institution or other bonded document storage facility suggested by the Engineer
and acceptable to the Contractor. The cost of storage shall be paid by the Contractor.
(d) Examination. The EPDs may be examined at any time deemed necessary by the Engineer or the Contractor,
in conjunction with settling disputes, claims, or contract modification orders. When the Engineer or Contractor
determine that it will be necessary to review an EPD, the EPD shall be reviewed by the Engineer and either
the prime Contractor or the subcontractor that submitted the EPD. If the prime Contractor and the
subcontractor agree, in writing, the prime Contractor may be present when the subcontractor's EPD is
reviewed. Examination of the EPD is subject to the following conditions:
May 5, 2011
2
REVISION OF SECTION 103
ESCROW OF PROPOSAL DOCUMENTATION
(1) The EPDs are proprietary and confidential and shall be treated as such.
(2) The Engineer and the Contractor shall each designate three representatives who are authorized to
examine the EPDs. In addition, the Contractor shall designate one additional representative for every
EPD submitted by subcontractors.
(3) Each party shall designate a representative to receive notice of examination of the EPD.
(4) Prior to examining the EPD 24 hours written notice shall be given to the other party, so that the
examination can be witnessed by the other party. The notice shall include a list of the bid items or areas
of work that will be examined.
(5) An authorized representative of the Engineer and the Contractor shall be present (1) to gain access to the
EPD, and (2) during all examinations of the EPD. At no time will the EPD be allowed sole possession by
either party.
(6) Following each examination, the EPD will be resealed and returned to the escrow institution, in the
presence of an authorized representative of the Engineer and the Contractor.
(e) Subcontracting. If the successful bidder's proposal is based upon subcontracting any part of the work, the
successful bidder shall then require each subcontractor whose total subcontract price exceeds $200,000 to
provide a separate EPD to the Engineer, to be submitted at the same time as the bidder's EPD. The EPDs
shall comply with the requirements of this subsection. A separate EPD affidavit, signed by the individual
subcontractor, shall accompany the subcontractor's EPD.
If the Contractor wishes to subcontract any portion of the work after executing the Contract, or change
subcontractors, the Engineer retains the right to require the subcontractor to submit an EPD in accordance
with this subsection before the subcontract is approved.
(f) Return. The EPDs will be returned to the Contractor and subcontractors after all claims, disputes, and
litigation have been resolved, final payment on the Contract has been made and accepted, and the
Contractor submits a signed statement that no further claims shall be submitted on any project to which the
EPDs are applicable.
ESCROW OF PROPOSAL DOCUMENTATION AFFIDAVIT
THE UNDERSIGNED HEREBY CERTIFIES THAT THE ESCROW OF
PROPOSAL DOCUMENTATION CONTAINED HEREIN CONTAINS ALL OF
THE INFORMATION WHICH WAS USED TO DEVELOP THE PROPOSAL
AND THAT I HAVE PERSONALLY EXAMINED THESE CONTENTS AND
THAT THE DOCUMENTATION IS CORRECT AND COMPLETE IN
ACCORDANCE WITH SUBSECTION 103.05. SUBMITTAL BY THE
CONTRACTOR OF A CLAIM WHICH IS NOT CONSISTENT WITH THE
CONTENTS OF THESE PROPOSAL PREPARATION DOCUMENTS SHALL
RESULT IN DENIAL OF THE CLAIM.
By:
Title:
Firm:
Date of Submission:
Project Number:
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
October 27, 2011
2
REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR
CONTRACT ADJUSTMENTS
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).
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.
October 27, 2011
3
REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR
CONTRACT ADJUSTMENTS
In subsection 105.23(d) delete item 1 and replace it with the following:
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
October 27, 2011
4
REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR
CONTRACT ADJUSTMENTS
preparing recommendations on specific issues presented to the DRB). If the pre-hearing position papers
and documents have not been received by the Board prior to the conference call, another conference call
will be scheduled during the initial conference call to discuss the estimated hours of review. Compensation
for time agreed to in advance by the parties will be made at an agreed rate of $125 per hour in accordance
with subsection 105.23 (k) 2. Compensation for the phone conference time will also be made at an agreed
to rate of $125 per hour in accordance with subsection 105.23 (k) 2. The Engineer shall coordinate the
phone conference.
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
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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.
BOARD MEMBER: .
BY: .
October 27, 2011
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR
CONTRACT ADJUSTMENTS
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:
AMERICAN ARBITRATION ASSOCIATION CONSTRUCTION INDUSTRY ARBITRATION RULES MODIFIED
FOR USE WITH CDOT SPECIFICATION SUBSECTION 105.24
October 27, 2011
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR
CONTRACT ADJUSTMENTS
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.
(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.
October 27, 2011
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR
CONTRACT ADJUSTMENTS
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.
(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.
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(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.
(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
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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.
R-17. Representation
Any party may be represented by counsel or other authorized representative. A party intending to be so
represented shall notify the other party and the Arbitration Provider of the name and address of the representative
at least three calendar days prior to the date set for the hearing at which that person is first to appear.
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R-18. Oaths
Before proceeding with the first hearing, each arbitrator may take an oath of office and, if required by law, shall do
so. The arbitrator may require witnesses to testify under oath administered by any duly qualified person and, if it is
required by law or requested by any party, shall do so.
R-19. Stenographic Record
Any party desiring a stenographic record shall make arrangements directly with a stenographer and shall notify
the other parties of these arrangements at least three days in advance of the hearing. The requesting party or
parties shall pay the cost of the record. If the transcript is agreed by the parties, or determined by the arbitrator to
be the official record of the proceeding, it must be provided to the arbitrator and made available to the other
parties for inspection, at a date, time, and place determined by the arbitrator.
R-20. Interpreters
Any party wishing an interpreter shall make all arrangements directly with the interpreter and shall assume the
costs of the service.
R-21. Postponements
The arbitrator for good cause shown may postpone any hearing upon agreement of the parties, upon request of a
party, or upon the arbitrator's own initiative.
R-22. Arbitration in the Absence of a Party or Representative
Unless the law provides to the contrary, the arbitration may proceed in the absence of any party or representative
who, after due notice, fails to be present or fails to obtain a postponement. An award shall not be made solely on
the default of a party. The arbitrator shall require the party who is present to submit such evidence as the
arbitrator may require for the making of an award.
R-23. Conduct of Proceedings
(a) The Contractor shall present evidence to support its claim. CDOT shall then present evidence supporting its
defense. Witnesses for each party shall also submit to questions from the arbitrator and the adverse party.
The arbitrator has the discretion to vary this procedure; provided that the parties are treated with equality and
that each party has the right to be heard and is given a fair opportunity to present its case.
(b) The arbitrator, exercising his or her discretion, shall conduct the proceedings with a view to expediting the
resolution of the dispute and may direct the order of proof, bifurcate proceedings, and direct the parties to
focus their presentations on issues the decision of which could dispose of all or part of the case. The
arbitrator shall entertain motions, including motions that dispose of all or part of a claim or that may expedite
the proceedings, and may also make preliminary rulings and enter interlocutory orders.
(c) The parties may agree to waive oral hearings in any case.
R-24. Evidence
(a) The arbitrators shall consider all written information available in the claim record and all oral presentations in
support of that record by the Contractor and CDOT. Conformity to legal rules of evidence shall not be
necessary.
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(b) The arbitrators shall not consider any written documents or arguments which have not previously been made
a part of the claim record, other than clarification and data supporting previously submitted documentation.
The arbitrators shall not consider an increase in the amount of the claim, or any new claims.
(c) The arbitrator shall determine the admissibility, relevance, and materiality of any evidence offered. The
arbitrator may request offers of proof and may reject evidence deemed by the arbitrator to be cumulative,
unreliable, unnecessary, or of slight value compared to the time and expense involved. All evidence shall be
taken in the presence of all of the arbitrators and all of the parties, except where: (i) any of the parties is
absent, in default, or has waived the right to be present, or (ii) the parties and the arbitrators agree otherwise.
(d) The arbitrator shall take into account applicable principles of legal privilege, such as those involving the
confidentiality of communications between a lawyer and client.
(e) An arbitrator or other person authorized by law to subpoena witnesses or documents may do so upon the
request of any party or independently.
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R-25. Evidence by Affidavit and Post-hearing Filing of Documents or Other Evidence
(a) The arbitrator may receive and consider the evidence of witnesses by declaration or affidavit, but shall give it
only such weight as the arbitrator deems it entitled to after consideration of any objection made to its
admission.
(b) If the parties agree or the arbitrator directs that documents or other evidence be submitted to the arbitrator
after the hearing, the documents or other evidence, unless otherwise agreed by the parties and the arbitrator,
shall be filed with the Arbitration Provider for transmission to the arbitrator. All parties shall be afforded an
opportunity to examine and respond to such documents or other evidence.
R-26. Inspection or Investigation
An arbitrator finding it necessary to make an inspection or investigation in connection with the arbitration shall
direct the Arbitration Provider to so advise the parties. The arbitrator shall set the date and time and the
Arbitration Provider shall notify the parties. Any party who so desires may be present at such an inspection or
investigation. In the event that one or all parties are not present at the inspection or investigation, the arbitrator
shall make an oral or written report to the parties and afford them an opportunity to comment.
R-27. Interim Measures
(a) The arbitrator may take whatever interim measures he or she deems necessary, including injunctive relief and
measures for the protection or conservation of property and disposition of perishable goods.
(b) A request for interim measures addressed by a party to a judicial authority shall not be deemed incompatible
with the agreement to arbitrate or a waiver of the right to arbitrate.
R-28. Closing of Hearing
When satisfied that the presentation of the parties is complete, the arbitrator shall declare the hearing closed.
If documents or responses are to be filed as provided in Section R-24, or if briefs are to be filed, the hearing shall
be declared closed as of the final date set by the arbitrator for the receipt of documents, responses, or briefs. The
time limit within which the arbitrator is required to make the award shall commence to run, in the absence of other
agreements by the parties and the arbitrator, upon the closing of the hearing.
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
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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
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
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(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
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.
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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
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.
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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.
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
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(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
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.
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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;
(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.
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(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
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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) Analysis of progress schedule and disruption, if any
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 signed
PE determines dispute has merit
DRB renders a recommendation
Either party rejects DRB recommendation DRB recommendation is accepted
Up to 30 days – 105.22 (d)
105.22 Project Issue – Verbal discussions between Proj. Eng. and Supt.
Impasse
15 Days – 105.22 (b)
CDOT Project Engineer and Contractor discuss merit of dispute
15 Days – 105.22 (c)
Merit granted –
Quantum negotiations
30 Days – 105.22 (c)
10 days – 105.23 (h)
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 RE.
Contractor accepts denial.
Dispute is resolved.
7 days – 105.22 (c)
7 days – 105.22 (d)
20 days – 105.23 (d)
5 Days –
105.23 (a)
7 days – 105.22 (c)
Figure 105-1 continued on next page
Prehearing Submittal
15 days – 105.23 (e)
Request for Clarification and Reconsideration
Disagree on quantum
105.23(a) Proj Eng
initiates DRB process
30/ 45 days –
105.23(b)
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Contractor rejects CE decision Contractor accepts CE decision Decision is implemented
Adjustment of
payment/schedule in
consultation with
Program Engineer -
Dispute is resolved
Optional Mediation
Dispute is unresolved 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 recommendation
Decision is implemented
Contractor submits certified claim package w/RTD (and Audit Unit if over $250K)
Contractor rejects and
appeals RTD decision to CE
Contractor accepts decision
30 days – 105.24 (a)
60 days – 105.24 (d)
60 days – 105.24 (b)
105.24 Notice of intent to file a claim
30 days – 105.24 (d)
Figure 105-1 (continued)
Request for hearing
RTD renders a decision
15 days
105.24 (e)
60 days
105.24 (e)
30 days – 105.24
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
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.
1 February 3, 2011
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.
2 February 3, 2011
REVISION OF SECTIONS 107 and 208
WATER QUALITY CONTROL
UNDER ONE ACRE OF DISTURBANCE
(7) Project environmental permits and associated applications and certifications.
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
3 February 3, 2011
REVISION OF SECTIONS 107 and 208
WATER QUALITY CONTROL
UNDER ONE ACRE OF DISTURBANCE
by subsection 208.06(c).
(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.
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
1
REVISION OF SECTION 109
MEASUREMENT OF QUANTITIES
Section 109 of the Standard Specifications is hereby revised for this project as follows:
In subsection 109.01, delete the 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
February 3, 2011
1
REVISION OF SECTION 203
IMPORTED MATERIAL FOR EMBANKMENT
Section 203 of the Standard Specifications is hereby revised for this project as follows:
Subsection 203.03 (a) shall include the following:
Imported Material used for backfilling pipes (storm sewer, cross culverts, side drains, etc) shall be tested for
compatibility with the selected pipe material.
When Nonreinforced Concrete Pipe or Reinforced Concrete Pipe is used, the imported material shall be tested for
sulfate and pH
When Corrugated Steel Pipe, Bituminous Coated Corrugated Steel Pipe or Precoated Corrugated Steel Pipe is
used, the imported material shall be tested for sulfates, chlorides, pH and resistivity.
When Aramid Fiber Bonded Corrugated Steel Pipe or Corrugated Aluminum Pipe is used, the imported material
shall be tested for pH and resistivity.
When Plastic pipe is selected, the imported material does not need to be tested for sulfates, chlorides, pH and
resistivity.
Sulfates, chlorides, pH and resistivity shall be determined by the following procedures:
(1) Water soluble sulfates using CP-L 2103 Method B.
(2) Chlorides using CPL 2104
(3) Resistivity using ASTM G57
(4) pH using ASTM G51.
The average of three consecutive tests shall show the imported material’s sulfate, chloride, pH and resistivity is
not greater than the limits corresponding to the Pipe Class in Table 203-1 or 203-2 for the pipe class specified on
the plans. No single test shall have a result more than 20 percent greater than that corresponding to the limit in
Table 203-1 or Table 203-2 for sulfates, chlorides and resistivity. No single test shall have a result more than 5
percent outside the limit in Table 203-1 for pH. The remaining sample material from a single failing test shall be
split into three equal portions. CDOT shall receive one portion, the Contractor shall receive one portion and the
remaining portion shall be retained by the Project. CDOT and the Contractor’s Lab shall retest the failed sample;
if the results from those tests are within 10 percent of each other, the results will be averaged. The averaged
result will be used for Contract compliance. If the results from the Labs are not within 10 percent of each other,
the remaining sample portion will be sent to an independent laboratory for testing using the testing requirements
specified above. The independent laboratory will be mutually agreed upon by the Department and the Contractor.
The Independent Lab’s test result will be used for Contract compliance.
If the imported material’s sulfates, chlorides, and resistivity are less than the limits and the pH is within the limits in
Table 203-1 or 203-2, CDOT will bear all costs associated with the independent lab test. If the imported
material’s sulfates, chlorides, and resistivity is greater than the limits and the pH is outside the limits in Table 203-
1 or 203-2,, all costs associated with independent lab testing shall be at the Contractor’s expense.
Embankment represented by failing tests shall be removed from the project and replaced at the Contractor’s
expense.
February 3, 2011
2
REVISION OF SECTION 203
IMPORTED MATERIAL FOR EMBANKMENT
Table 203-1
SULFATE, CHLORIDE AND PH OF IMPORTED MATERIAL
SOIL
Sulfate Chloride
(SO4) (Cl) pH
Pipe
Class
% max % max
0 , 7 0.05 0.05 6.0-8.5
1, 7 0.10 0.10 6.0-8.5
2, 8 0.20 0.20 6.0-8.5
3, 9 0.50 0.50 6.0-8.5
4, 9 1.00 1.00 5.0-9.0
5, 10 2.00 2.00 5.0-9.0
6, 10 >2.00 >2.00 <5 or >9
Table 203-2
RESISTIVITY AND PH OF IMPORTED MATERIAL
SOIL SIDE
Resistivity, R (Ohm – cm) pH
≥1,500 5.0-9.0
≥250 3.0-12.0
July 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.
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.
February 3, 2011
REVISION OF SECTION 412
PORTLAND CEMENT CONCRETE PAVEMENT FINISHING
Section 412 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 412.12(a) and replace it with the following:
(a) Hand Finishing. Hand finishing should be minimized wherever possible. The Engineer shall be notified prior
to hand finishing work and the proposed hand finished work shall be addressed in the Quality Control Plan for
concrete finishing. Unless otherwise specified, hand finishing methods will be permitted only under the
following conditions. 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 slab 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 unless otherwise approved
by the Engineer. 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 in the concrete pavement placement. It shall also
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. Paving operations shall not begin until the
Engineer has approved the QCP. The QCP shall identify and address issues affecting the quality of finished
concrete pavement 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.
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 29, 2011
1
REVISION OF SECTION 601
CONCRETE SLUMP ACCEPTANCE
Section 601 of the Standard Specifications is hereby revised for this project as follows:
Delete the fifth paragraph of Subsection 601.05 and replace with the following:
Except for Class BZ concrete, the slump of the delivered concrete shall be the slump of the approved concrete
mix design plus or minus 2.0 inch. The laboratory trial mix must produce an average compressive strength at
least 115 percent of the required field compressive strength specified in Table 601-1. When entrained air is
specified in the Contract for Class BZ concrete, 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:
(b) Slump. Slump acceptance, but not rejection, may be visually determined by the Engineer. Any batch that
exceeds the slump of the approved concrete mix design by 2.0 inches will be retested. If the slump is
exceeded a second time, that load is rejected. If the slump is greater than 2 inches lower than the approved
concrete mix design, the load can be adjusted with a water reducer, or by adding water (if the 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.
September 29, 2011
REVISION OF SECTION 702
HOT POURED JOINT AND CRACK SEALANT
Section 702 of the Standard Specifications is hereby revised for this project as follows:
In subsection 702.06, first paragraph, delete the first sentence and replace with the following:
Hot poured material for filling joints and cracks shall conform to the requirements of ASTM D 6690, Type II or
Type IV.
July 28, 2011
REVISION OF SECTION 703
CONCRETE AGGREGATES
Section 703 of the Standard Specifications is hereby revised for this project as follows:
Delete the second paragraph of subsection 703.00 and Table 703-1.
Delete subsections 703.01 and 703.02 and replace with the following:
703.01 Fine Aggregate for Concrete. Fine aggregate for concrete shall conform to the requirements of AASHTO
M 6, Class A. The minimum sand equivalent, as tested in accordance with Colorado Procedure 37 shall be 80
unless otherwise specified. The fineness modulus, as determined by AASHTO T 27, shall not be less than 2.50 or
greater than 3.50 unless otherwise approved.
703.02 Coarse Aggregate for Concrete. Coarse aggregate for concrete shall conform to the requirements of
AASHTO M 80, Class A aggregates, except that the percentage of wear shall not exceed 45 when tested in
accordance with AASHTO T 96.
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
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)
Effective
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
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
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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
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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
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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.
February 3, 2011
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DISADVANTAGED BUSINESS ENTERPRISE
DEFINITIONS AND REQUIREMENTS
(5) Award subcontracts to UDBEs where their quotations are reasonably competitive with other
quotations received.
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
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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
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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:
ACTUAL UDBE AMOUNT = Actual contract amount for the transportation services provided by the UDBE firm and any UDBE lessees.
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
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):
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):
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.
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 dated Modifications ID
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 dated Modifications ID
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 dated Modifications ID
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 dated Modifications ID
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 dated Modifications ID
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 dated Modifications ID
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 dated Modifications ID
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
17.67 2.85
-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 dated Modifications ID
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 dated Modifications ID
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
PARTNERING PROGRAM
The Colorado Department of Transportation actively encourages partnering and invites the Contractor and his
subcontractors and suppliers to participate in a voluntary partnering agreement for this project.
The following information summarizes the partnering process. More information is available through the Resident
Engineer listed in the project special provisions.
This partnership will be structured to draw on the strengths of each organization to identify and achieve mutual
goals. The objectives are effective and efficient Contract performance with reciprocal cooperation, and completion
within budget, on schedule, and in accordance with the Contract.
This partnership will be bilateral in make-up and all costs associated with this partnership will be agreed to by
both parties and will be shared equally. The Contractor shall assume full responsibility for all costs associated
with partnering during the implementation of the partnering process. CDOT will reimburse the Contractor for the
agreed amount.
The CDOT Program Engineer or the Resident Engineer will contact the Contractor within ten days after the award
of this project to ask if the Contractor wants to implement this partnership initiative. If the Contractor agrees, the
Contractor's on-site project manager shall meet with CDOT's Resident Engineer to plan a partnering development
and team building workshop. At this planning session, arrangements shall be made to determine the facilitator
and the workshop, attendees, agenda, duration, and location.
The workshop shall be held prior to the commencement of any major work item and preferably before the
preconstruction conference. The following persons shall attend the workshop: CDOT's Resident Engineer, Project
Engineer, and key project personnel; the Contractor's on-site project manager and key project supervision
personnel; and the subcontractors' key project supervision personnel. The following personnel shall also be
invited to attend as needed: project design engineer, key local government personnel, suppliers, design
consultants, CDOT maintenance foreman, CDOT environmental manager, key railroad personnel, and key utility
personnel. The Contractor and CDOT shall also have Regional or District managers and Corporate or State level
managers on the partnering team.
Follow-up workshops may be held periodically throughout the duration of the Contract as agreed by the
Contractor and the Engineer at the initial workshop. A closeout workshop shall be held to evaluate the
effectiveness of the partnership.
The establishment of a partnership charter, which identifies the workshop participants' mutual goals on the
project, will not change the legal relationship of the parties to the Contract or relieve either party from any terms of
the Contract.
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 contractor
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 accordance 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 contract-
or'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 bargaining
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 imple-
mentation 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 employ-
ee benefits shall be established and administered, and personnel
actions of every type, including hiring, upgrading, promotion,
transfer, demotion, layoff, and termination, shall be taken without
regard to race, color, religion, sex, national origin, age or disability.
The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project
sites to insure that working conditions and employee facilities do
not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages
paid within each classification to determine any evidence of
discriminatory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of discrimi-
February 3, 2011
4
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
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 subcon-
tractor 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 reason-
able times and places for inspection by authorized 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 opportunities 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.
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 agree-
ment or purchase order, as appropriate, the bidder, Federal-aid
construction contractor, subcontractor, material supplier, or vendor,
February 3, 2011
5
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
c. All rulings and interpretations of the Davis-Bacon Act and
related acts contained in 29 CFR 1, 3, and 5 are herein incorpo-
rated 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 classification 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 contracting officer
agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the
action taken shall be sent by the contracting officer to the DOL,
Administrator of the Wage and Hour Division, Employment Stan-
dards 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 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
February 3, 2011
6
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evi-
denced by formal certification by the DOL, Employment 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 regis-
tered and participating in a training plan approved by the Employ-
ment and Training Administration shall be paid not less than the
applicable wage rate on the wage determination for the classifica-
tion 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 proce-
dure 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.
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 apprentices
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
February 3, 2011
7
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
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 Appala-
chian contracts, the payroll records shall contain a notation indicat-
ing 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 described in Section 1(b)(2)(B) of the
Davis Bacon Act, the contractor 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, para-
graphs 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-
tractor or his/her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the follow-
ing:
(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
February 3, 2011
8
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
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
surroundings or under conditions which are unsanitary, hazardous
or dangerous to his/her health or safety, as determined under
construction safety and health standards (29 CFR 1926)
promulgated by the Secretary of Labor, in accordance with Section
107 of the Contract Work Hours and Safety Standards Act
(40 U.S.C. 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
February 3, 2011
9
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
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 disquali-
fy 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 participant learns that
its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
e. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "lower tier covered transaction," "participant," "person,"
"primary covered transaction," "principal," "proposal," and "volun-
tarily 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 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
February 3, 2011
10
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
d. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "primary covered transaction," "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 assis-
tance 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
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 influenc-
ing or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Con-
gress, 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.
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.
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 Transac-
tions:
(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 circumstances.
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
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
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 inspec-
tion, copying, or transcription by authorized representatives of the
SHA, the FHWA, or the DOL, and shall permit such repre-
sentatives 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
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.
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, employed by the contractor or
any subcontractor the full amount of wages required by the
contract. In the event of failure to pay any laborer or mechanic,
including any apprentice, trainee, or helper, employed or working
on the site of the work, all or part of the wages required by the
contract, the 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 employment 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, watchman, 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 para-
graph 8 above.
V. STATEMENTS AND PAYROLLS
(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.
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 Secre-
tary 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 appren-
tice 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 (ex-
pressed 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 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, trainees will not be
permitted to work at less than the predetermined rate for the work
as appropriate, certifies that the firm does not maintain or provide
for its employees any segregated facilities at any of its establish-
ments, 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, transportation, 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 determination of the
Secretary of Labor (hereinafter "the wage determination") 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 reasonably 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 provi-
sions 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
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.
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 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 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 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 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 contractor 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
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
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 opportu-
nity (EEO) requirements not to discriminate and to take affirmative
action to assure equal opportunity as set forth under laws, execu-
tive 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 discharge
employees, or who recommend such action, or who are
substantially involved in such action, will be made fully cognizant
of, and will implement, the contractor's EEO policy and contractual
responsibilities to provide EEO in each grade and classification of
employment. To ensure that the above agreement will be met, the
following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then not
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
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