HomeMy WebLinkAboutBID - 6062 LEMAY RIGHT TURN LANE AT MULBERRY 31218 (9)CONTRACT DOCUMENTS
&
SPECIFICATIONS
for
Lemay Avenue Right Turn Lane
At
Mulberry Street
Bid No. 6062
PURCHASING DIVISION
215 NORTH MASON STREET, 2nd FLOOR, FORT COLLINS
Bid Opening: SEPTEMBER 13, 2007 – 3:00 (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
07/2001 Section 00020 Page 2
SECTION 00020
INVITATION TO BID
07/2001 Section 00020 Page 1
SECTION 00020
INVITATION TO BID
Date: August 22, 2007
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 September 13, 2007, for the Lemay Right Turn Lane at Mulberry; BID NO.
6062. 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.
This is a CMAQ project and the UDBE Goal is 10%. 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
The Contract Documents provide for the construction of Bid 6062 Lemay Right
Turn Lane at Mulberry. The contract documents provide for: The project
includes the construction of hot mix asphalt and concrete pavement, refuge
island, and concrete sidewalk. The project also includes removal and
installation of 15 inch RCP with end sections, remove and reset fence, reset
of sprinkler head, and native seeding.
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.
Contract Documents will be available August 23, 2007.
A prebid conference and job walk with representatives of prospective Bidders
will be held at 10:00 a.m., on August 30, 2007, at 215 N. Mason St. Conference
Room 2E in, Fort Collins.
Prospective Bidders are invited to present their questions relative to this
Bid proposal at this meeting.
07/2001 Section 00020 Page 2
The Contract Documents and Construction Drawings may be examined online at:
1. City of Fort Collins BuySpeed: https://secure2.fcgov.com/bso/login.jsp
2. Mercury-LDO Reprographics: www.mercury-ldo.com
Copies of the Contract Documents, complete with Construction Specifications
and Drawings, may be viewed and purchased at:
1. Mercury LDO Reprograhics:
• FORT COLLINS: 422 S. Link Lane, Ft. Collins, CO 80524
Ph: 970-484-1201, Fax: 970-221-0404
• ENGLEWOOD: 9632 E. Arapahoe, Englewood, CO. 80112
Ph: 303-790-7169, Fax: 303-792-2936
• DENVER: 860 Bryant Street, Denver, CO. 80204
Ph: 303-893-8701, Fax: 303-893-0617
• COLORADO SPRINGS:11 E Las Vegas, Colorado Springs, CO. 80903
Ph: 719-231-8121, Fax: 719-633-5710
• LODO: 1660 Wynkoop Ste. 130, Denver, CO. 80202
Ph: 303-785-2520, Fax: 303-785-2522
• BOULDER: 2575 Pearl St. Unit C., Boulder, CO. 80302
Ph: 303-539-1350, Fax: 303-539-1356
2. Builders Exchange, 223 South Link Lane, Fort Collins, Colorado.
07/2001 Section 00020 Page 3
Construction Document Ordering Instructions
(Download a complete PlanWell 4.0 Ordering Guide from www.planwell.com)
1. GO TO: www.mercury-ldo.com
2. SELECT: Denver Links: “Plan Well”
3. SELECT: Public
Planroom: “GO”
4. SELECT: the desired “Project Number” from the list
07/2001 Section 00020 Page 4
5. CLICK: “Most Current Set” to View the list of documents available for
the project
6. CLICK: Sheet No. to view
7. CLICK: to add a specific document to your “Shopping Cart”
8. CLICK: to place the order for printing
9. REGISTER –or- LOGIN
10. SELECT: Process-Media, Output Size and Binding options
11. ENTER: Job Number and PO information then click Next.
12. REVIEW: Recipient information.
13. ENTER: Quantities
14. CLICK: the down arrow to populate order.
15. SELECT: Delivery options and Due time.
16. ENTER: Your phone number in the special instructions box.
17. CLICK: Next.
18. REVIEW order
19. CLICK: SUBMIT
Planwell contacts:
Sam Ordway 970-691-2201, sordway@mercury-ldo.com
David Bacon-720-220-7683, dbacon@mercury-ldo.com
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
07/2001 Section 00020 Page 5
Payment Bond guaranteeing faithful performance and the payment of all bills
and obligations arising from the performance of the Contract.
No Bid may be withdrawn within a period of forty-five (45) days after the date
fixed for opening Bids.
The OWNER reserves the right to reject any and all Bids, and to waive any
informalities and irregularities therein.
Bid security in the amount of not less than 5% of the total Bid must accompany
each Bid in the form specified in the Instructions to Bidders.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City
Council, shall have a financial interest in the sale to the City of any real
or personal property, equipment, material, supplies or services where such
officer or employee exercises directly or indirectly any decision-making
authority concerning such sale or any supervisory authority over the services
to be rendered. This rule also applies to subcontracts with the City.
Soliciting or accepting any gift, gratuity favor, entertainment, kickback or
any items of monetary value from any person who has or is seeking to do
business with the City of Fort Collins is prohibited
City of Fort Collins
By ______________________________________
James B. O'Neill, II, CPPO, FNIGP
Purchasing & Risk Management Director
UPDATED: September 19, 2007 10:53 am
CONTRACT DOCUMENTS
&
SPECIFICATIONS
for
Lemay Avenue Right Turn Lane
At
Mulberry Street
Bid No. 6062
PURCHASING DIVISION
215 NORTH MASON STREET, 2nd FLOOR, FORT COLLINS
Bid Opening: SEPTEMBER 13, 2007 – 3:00 (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
07/2001 Section 00020 Page 2
SECTION 00020
INVITATION TO BID
07/2001 Section 00020 Page 1
SECTION 00020
INVITATION TO BID
Date: August 22, 2007
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 September 13, 2007, for the Lemay Right Turn Lane at Mulberry; BID NO.
6062. 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.
This is a CMAQ project and the UDBE Goal is 10%. 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
The Contract Documents provide for the construction of Bid 6062 Lemay Right
Turn Lane at Mulberry. The contract documents provide for: The project
includes the construction of hot mix asphalt and concrete pavement, refuge
island, and concrete sidewalk. The project also includes removal and
installation of 15 inch RCP with end sections, remove and reset fence, reset
of sprinkler head, and native seeding.
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.
Contract Documents will be available August 23, 2007.
A prebid conference and job walk with representatives of prospective Bidders
will be held at 10:00 a.m., on August 30, 2007, at 215 N. Mason St. Conference
Room 2E in, Fort Collins.
Prospective Bidders are invited to present their questions relative to this
Bid proposal at this meeting.
07/2001 Section 00020 Page 2
The Contract Documents and Construction Drawings may be examined online at:
1. City of Fort Collins BuySpeed: https://secure2.fcgov.com/bso/login.jsp
2. Mercury-LDO Reprographics: www.mercury-ldo.com
Copies of the Contract Documents, complete with Construction Specifications
and Drawings, may be viewed and purchased at:
1. Mercury LDO Reprograhics:
• FORT COLLINS: 422 S. Link Lane, Ft. Collins, CO 80524
Ph: 970-484-1201, Fax: 970-221-0404
• ENGLEWOOD: 9632 E. Arapahoe, Englewood, CO. 80112
Ph: 303-790-7169, Fax: 303-792-2936
• DENVER: 860 Bryant Street, Denver, CO. 80204
Ph: 303-893-8701, Fax: 303-893-0617
• COLORADO SPRINGS:11 E Las Vegas, Colorado Springs, CO. 80903
Ph: 719-231-8121, Fax: 719-633-5710
• LODO: 1660 Wynkoop Ste. 130, Denver, CO. 80202
Ph: 303-785-2520, Fax: 303-785-2522
• BOULDER: 2575 Pearl St. Unit C., Boulder, CO. 80302
Ph: 303-539-1350, Fax: 303-539-1356
2. Builders Exchange, 223 South Link Lane, Fort Collins, Colorado.
07/2001 Section 00020 Page 3
Construction Document Ordering Instructions
(Download a complete PlanWell 4.0 Ordering Guide from www.planwell.com)
1. GO TO: www.mercury-ldo.com
2. SELECT: Denver Links: “Plan Well”
3. SELECT: Public
Planroom: “GO”
4. SELECT: the desired “Project Number” from the list
07/2001 Section 00020 Page 4
5. CLICK: “Most Current Set” to View the list of documents available for
the project
6. CLICK: Sheet No. to view
7. CLICK: to add a specific document to your “Shopping Cart”
8. CLICK: to place the order for printing
9. REGISTER –or- LOGIN
10. SELECT: Process-Media, Output Size and Binding options
11. ENTER: Job Number and PO information then click Next.
12. REVIEW: Recipient information.
13. ENTER: Quantities
14. CLICK: the down arrow to populate order.
15. SELECT: Delivery options and Due time.
16. ENTER: Your phone number in the special instructions box.
17. CLICK: Next.
18. REVIEW order
19. CLICK: SUBMIT
Planwell contacts:
Sam Ordway 970-691-2201, sordway@mercury-ldo.com
David Bacon-720-220-7683, dbacon@mercury-ldo.com
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
07/2001 Section 00020 Page 5
Payment Bond guaranteeing faithful performance and the payment of all bills
and obligations arising from the performance of the Contract.
No Bid may be withdrawn within a period of forty-five (45) days after the date
fixed for opening Bids.
The OWNER reserves the right to reject any and all Bids, and to waive any
informalities and irregularities therein.
Bid security in the amount of not less than 5% of the total Bid must accompany
each Bid in the form specified in the Instructions to Bidders.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City
Council, shall have a financial interest in the sale to the City of any real
or personal property, equipment, material, supplies or services where such
officer or employee exercises directly or indirectly any decision-making
authority concerning such sale or any supervisory authority over the services
to be rendered. This rule also applies to subcontracts with the City.
Soliciting or accepting any gift, gratuity favor, entertainment, kickback or
any items of monetary value from any person who has or is seeking to do
business with the City of Fort Collins is prohibited
City of Fort Collins
By ______________________________________
James B. O'Neill, II, CPPO, FNIGP
Purchasing & Risk Management Director
SECTION 00100
INSTRUCTIONS TO BIDDERS
12/03 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
12/03 Section 00100 Page 2
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)
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.
12/03 Section 00100 Page 3
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.
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.
12/03 Section 00100 Page 4
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. Whenever it is
indicated on the Drawings or specified in the Specifications that a
substitute or "or equal" item of material or equipment may be furnished
or used by CONTRACTOR if acceptable to Engineer, application for such
acceptance will not be considered by Engineer until after the "effective
date of the Agreement". 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.
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.
12/03 Section 00100 Page 5
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 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
12/03 Section 00100 Page 6
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 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.
12/03 Section 00100 Page 7
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.
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.
12/03 Section 00100 Page 8
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 PURCHASING RESTRICTIONS.
Purchasing restrictions: The Bidder's authorized signature of this Bid
assures the Bidder's compliance with the City's purchasing restrictions.
A copy of the resolutions are available for review in the Purchasing and
Risk Management Division or the City Clerk's office.
A. Cement Restrictions: City of Fort Collins Resolution 91-121
requires that suppliers and producers of cement or products
containing cement to certify that the cement was not made in cement
kilns that burn hazardous waste as a fuel.
23.0 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.
24.0 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
7/96 Section 00300 Page 1
SECTION 00300
BID FORM
PROJECT:6062 Lemay Right Turn Lane at Mulberry
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 is 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 .
7/96 Section 00300 Page 2
8. Base Bid
Item # Item Unit Quantity Unit Cost Total
202-00000 Removal of Structures and Obstructions LS 1
202-00035 Removal of Concrete Pipe LF 99
202-00200 Removal of Sidewalk SY 135
202-00201 Removal of Curb LF 142
202-00210 Removal of Concrete Pavement SY 164
202-00220 Removal of Asphalt Mat SY 98
202-00250 Removal of Pavement Marking SF 381
202-01000 Removal of Fence LF 23
203-01500 Blading HR 8
208-00045 Concrete Washout Structure EACH 1
208-00050 Storm Drain Inlet Protection EACH 5
208-00070 Stabilized Construction Entrance EACH 1
210-01000 Reset Fence LF 236
210-01001 Modify Fence LF 3
210-01700 Reset Sprinkler Head EACH 3
210-01710 Reset Valve EACH 2
210-04010 Adjust Manhole EACH 1
212-00006 Seeding (Native) ACRE 0.2
212-00032 Soil Conditioning ACRE 0.2
213-00003 Mulching (Weed Free) ACRE 0.2
213-00061 Mulch Tackifier LB 40
304-06000 Aggregate Base Course (Class 6) TON 254
403-32821 Hot Mix Asphalt (Grading SG) (100) (PG 58-28) TON 38
403-33851 Hot Mix Asphalt (Grading S) (100) (PG 64-28) TON 38
412-01020 Concrete Pavement (10 Inch) (Fast Track) SY 261
412-01001 Concrete Pavement (10 Inch) (Colored) SY 18
603-01150 15 Inch Reinforced Concrete Pipe LF 55
603-05015 15 Inch Reinforced Concrete End Section EACH 6
608-00006 Concrete Sidewalk (6 Inch) SY 94
608-00010 Concrete Curb Ramp SY 29
609-21010 Curb and Gutter Type II (Section I-B) LF 111
609-21020 Curb and Gutter Type II (Section II-B) LF 482
609-24002 Gutter Type II (2 Foot) LF 176
610-00030 Median Cover Material (Concrete) SF 1,354
626-00000 Mobilization LS 1
630-10005 Traffic Control LS 1
7/96 Section 00300 Page 3
700-70010 F/A Minor Contract Revisions FA 1
700-70016 F/A Fuel Cost Adjustment FA 1
700-70021 F/A On-The-Job Trainee HOUR 0
700-70022 F/A OJT Colorado Training Program FA 1
700-70380 F/A Erosion Control FA 1
Total Cost
Total Cost in Words:
_____________________________________________________________________________________ Dollars
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.
10. ACCEPTANCE OF FUEL COST ADJUSTMENTS:
Bidders have the option to accept Fuel Cost Adjustments in accordance
with the Revision of Section 109 - Fuel Cost Adjustment. To accept this
standard special provision, the bidder must fill in an "X" next to "YES"
below. No Fuel Cost Adjustment will be made due to fuel cost changes for
bidders who answer "NO". If neither line is marked, the Department will
assume the bidder rejects Fuel Cost Adjustments for this project. After
bids are submitted, bidders will not be given any other opportunity to
accept or reject this adjustment.
(Mark only one line with an "X"):
____ YES, I choose to accept Fuel Cost Adjustments for this project
____ NO, I choose NOT to accept Fuel Cost Adjustments for this project
(if neither line is marked, the default is "NO", I choose NOT to accept
Fuel Cost Adjustments for this project
7/96 Section 00300 Page 4
RESPECTFULLY SUBMITTED:
_______________________________________
CONTRACTOR
BY:___________________________________
________________________________ __________________
Signature Date
________________________________
Title
________________________________
License Number (If Applicable)
(Seal - if Bid is by corporation)
Attest:___________________________
Address _____________________________________
_____________________________________
Telephone _____________________________________
Email _____________________________________
7/96 Section 00410 Page 1
SECTION 00400
SUPPLEMENTS TO BID FORMS
00410 Bid Bond
00420 Statement of Bidder's Qualifications
00430 Schedule of Subcontractors
7/96 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, 6062 Lemay Right Turn Lane at Mulberry.
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.
7/96 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)
7/96 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._________________________________________
7/96 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?_____________________________________________________________
20. Are any lawsuits pending against you or your firm at this time?__________
IF yes, DETAIL___________________________________________________________
_________________________________________________________________________
7/96 Section 00420 Page 3
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 _____________________________.
7/96 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
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
SECTION 00500
AGREEMENT FORMS
00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
9/12/01 Section 00510 Page 1
SECTION 00510
NOTICE OF AWARD
Date:
TO:
PROJECT: 6062 Lemay Right Turn Lane at Mulberry
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 6062 Lemay Right Turn Lane at Mulberry. The
contract documents provide for: The project includes the construction of hot
mix asphalt and concrete pavement, refuge island, and concrete sidewalk. The
project also includes removal and installation of 15 inch RCP with end
sections, remove and reset fence, reset of sprinkler head, and native seeding.
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
9/12/01 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 6062 Lemay
Right Turn Lane at Mulberryand is generally described in Section 01010.
ARTICLE 2. ENGINEER
The Project has been designed by 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 Forty Five (45)
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 Fifty Two (52)
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: Defined as all roadway pavement completed.
9/12/01 Section 00520 Page 2
All sidewalk and drainage features and fence completed. All final
grading and seeding completed.
One Hundred Seventy Four Dollars ($174) for each calendar day or
fraction thereof that expires after the Forty Five (45) calendar
day period for Substantial Completion of the Work until the Work is
Substantially Complete.
2) Final Acceptance:
After Substantial Completion, One Hundred Seventy Four Dollars
($174) for each calendar day or fraction thereof that expires after
the Seven (7) calendar day period for Final Payment and Acceptance
until the Work is ready for Final Payment and Acceptance.
ARTICLE 4. CONTRACT PRICE
4.1. OWNER shall pay CONTRACTOR for performance of the Work in
accordance with the Contract Documents in current funds as follows: ($ ),
$ 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, progress payments will be in the
amount equal to the percentage indicated below, 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. 90% of the value of Work completed until the Work has
been 50% completed as determined by ENGINEER, when the retainage equals 5% of
the Contract Price, and if the character and progress of the Work have been
satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, 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. 90% of
materials and equipment not incorporated in the Work (but delivered, suitably
9/12/01 Section 00520 Page 3
stored and accompanied by documentation satisfactory to OWNER as provided in
paragraph 14.2 of the General Conditions) may be included in the application
for payment.
5.1.2. Upon Substantial Completion payment will be made in an amount
sufficient to increase total payments to CONTRACTOR to 95% of the Contract
Price, less such amounts as ENGINEER shall determine or OWNER may withhold in
accordance with paragraph 14.7 of the General Conditions or as provided by
law.
5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in
accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the
remainder of the Contract Price as recommended by ENGINEER as provided in said
paragraph 14.13.
ARTICLE 6. CONTRACTOR'S REPRESENTATION
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes
the following representations:
6.1. CONTRACTOR has familiarized himself with the nature and extent of
the Contract Documents, Work, site, locality, and with all local conditions
and Laws and Regulations that in any manner may affect cost, progress,
performance or furnishing of the Work.
6.2. CONTRACTOR has studied carefully all reports of explorations and
tests of subsurface conditions and drawings of physical conditions which are
identified in the Supplementary Conditions as provided in paragraph 4.2 of the
General Conditions.
6.3. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all such examinations,
investigations, explorations, tests, reports, and studies (in addition to or
to supplement those referred to in paragraph 6.2 above) which pertain to the
subsurface or physical condition at or contiguous to the site or otherwise may
affect the cost, progress, performance or furnishing of the Work as CONTRACTOR
considers necessary for the performance or furnishing of the Work at the
Contract Price, within the Contract Times and in accordance with the other
terms and conditions of the Contract Documents, including specifically the
provisions of paragraph 4.2 of the General Conditions; and no additional
examinations, investigations, explorations, tests, reports, studies or similar
information or data are or will be required by CONTRACTOR for such purposes.
6.4. CONTRACTOR has reviewed and checked all information and data shown
or indicated on the Contract Documents with respect to existing Underground
Facilities at or contiguous to the site and assumes responsibility for the
accurate location of said Underground Facilities. No additional examinations,
investigations, explorations, tests, reports, studies or similar information
or data in respect of said Underground Facilities are or will be required by
9/12/01 Section 00520 Page 4
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 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:
9/12/01 Section 00520 Page 5
SHEET INDEX
Sheet
No. Description
1 TITLE SHEET
2 STANDARD PLANS LIST
3 GENERAL NOTES
4 PAVEMENT SECTIONS
5 SURVEY CONTROL
6 SUMMARY OF APPROXIMATE QUANTITIES
7 TABULATION OF GENERAL QUANTITIES
8 TABULATION OF SIGNS AND STRIPING
9 REMOVAL AND RESET PLAN
10 ROADWAY PLAN
11 CONCRETE PAVEMENT JOINTS PLAN
12 DRAINAGE AND GRADING PLAN
13 STORM WATER MANAGEMENT PLAN
14 SIGNING AND PAVEMENT MARKING PLAN
15 REFUGE ISLAND DETAILS
16 MISCELLANEOUS DETAILS
REVISED STANDARD PLANS S-630-1
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 Conditions shall have the meanings indicated in the General
Conditions.
9/12/01 Section 00520 Page 6
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.
OWNER: CITY OF FORT COLLINS CONTRACTOR:
By: ____________________________ By:_______________________________
JAMES B. O’NEILL II, CPPO, FNIGP
DIRECTOR OF PURCHASING __________________________________
AND RISK MANAGEMENT
Title:____________________________
Date:___________________________ Date:_____________________________
(CORPORATE SEAL)
Attest: ________________________ Attest:___________________________
City Clerk
Address for giving notices: Address for giving notices:
P. O. Box 580 __________________________________
Fort Collins, CO 80522 __________________________________
LICENSE NO.:______________________
Approved as to Form
_______________________________
Assistant City Attorney
7/96 Section 00530 Page 1
SECTION 00530
NOTICE TO PROCEED
Description of Work: 6062 Lemay Right Turn Lane at Mulberry
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
7/96 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, 6062 Lemay Right Turn Lane at Mulberry.
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.
7/96 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.
7/96 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, 6062 Lemay Right Turn Lane at Mulberry.
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.
7/96 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.
7/96 Section 00630 Page 1
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance.
7/96 Section 00635 Page 1
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS
(OWNER)
DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE:6062 Lemay Right Turn Lane at
Mulberry
_____________________________
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:
7/96 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, 6062 Lemay Right Turn Lane at Mulberry.
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:
7/96 Section 00650 Page 1
SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM: (CONTRACTOR)
PROJECT:6062 Lemay Right Turn Lane at Mulberry
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
7/96 Section 00650 Page 2
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.
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
7/96 Section 00660 Page 1
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado
(hereinafter referred to as the "OWNER")
CONTRACTOR:_________________________________
PROJECT: 6062 Lemay Right Turn Lane at Mulberry
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
APPLICATION FOR EXEMPTION CERTIFICATE
Section 00670 Page 2
SECTION 00700
GENERAL CONDITIONS
SE
SECTION 00800
SUPPLEMENTARY CONDITIONS
7/96 Section 00800 Page 1
SECTION 00800
SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement 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:
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.
B. 4.2.1.2.1 No drawing of physical conditions in or relating to
existing surface or subsurface structures (except Underground
Facilities referred to in Paragraph 4.3) which are at or contiguous
to the site have been utilized by the Engineer in preparation of
the Contract Documents, except the following:
SC-5.4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
The limits of liability for the insurance required by the paragraph
numbers of the General Conditions listed below are as follows:
7/96 Section 00800 Page 2
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).
9/99
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Contract Change Order
00960 Application for Payment
9/99 Section 00950 Page 1
SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE: 6062 Lemay Right Turn Lane at Mulberry
CONTRACTOR:
PROJECT NUMBER:
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
9/997/96 Section 00960 Page 1
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:
7/96 Section 00960 Page 2
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
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $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
7/96 Section 00960 Page 3
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
$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
7/96 Section 00960 Page 4
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 & STANDARD
SPECIAL PROVISIONS
Lemay Avenue Right Turn Lane
At
Mulberry Street
Bid No. 6062
Prepared by:
Engineering Department
281 North College Avenue
Fort Collins, CO 80522-0580
(970) 221-6605
August 2007
Lemay Avenue Right Turn Lane At Mulberry Street August 2007
Project Special Provisions CDOT Project No. AQC M455-070
CDOT Subaccount No. 15153
Project
Special
Provisions
Lemay Avenue Right Turn Lane At Mulberry Street August 2007
Project Special Provisions CDOT Project No. AQC M455-070
CDOT Subaccount No. 15153
i
COLORADO DEPARTMENT OF TRANSPORTATION
CITY OF FORT COLINS, COLORADO
LEMAY AVENUE RIGHT TURN LANE AT MULBERRY STREET
PROJECT SPECIAL PROVISIONS
The General Conditions of the Construction Contract and the Colorado Department of Transportation’s (CDOT)
2005 Standard Specifications for Road and Bridge Construction control construction of this project. Where there
are conflicts between the two, the General Conditions shall control.
The following Special Provisions supplement or modify the CDOT Standard Specifications and take precedence
over the Standard Specifications and plans.4
Item Page
Index Pages i
Notice to Bidders 1
Contract Goal (Combined) 2
Commencement and Completion of Work 3
Revision of Section 100 - General Provisions 4
Revision of Section 101 - Definitions of Terms 5
Revision of Section 102 - Project Plans and Other Data 6
Revision of Section 104 - Scope of Work 7
Revision of Section 105 - Control of Work 11
Revision of Section 106 - Control of Material 16
Revision of Section 107 - Environmental Controls 20
Revision of Section 108 - Prosecution and Progress 22
Revision of Section 202 - Removal of Structures and Obstructions 25
Revision of Section 202 - Removal of Concrete Pipe 26
Revision of Section 202 - Removal of Sidewalk 27
Revision of Section 202 - Removal of Curb 28
Revision of Section 202 - Removal of Concrete Pavement 29
Revision of Section 202 - Removal of Asphalt Mat 30
Revision of Section 202 - Removal of Pavement Marking 31
Revision of Section 202 - Removal of Fence 32
Revision of Section 203 - Proof Rolling 33
Revision of Section 304 - Aggregate Base Course 34
Revision of Section 403 - Hot Mix Asphalt 35
Revision of Section 412 - Fast Track Portland Cement Concrete Pavement 38
Revision of Section 608 - Concrete Curb Ramp 39
Revision of Section 625 - Construction Surveying 41
Revision of Section 627 - Pavement Marking 43
Force Account Items 44
Traffic Control Plan-General 45
Utilities 47
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NOTICE TO BIDDERS
It is recommended that bidders on this project review the work site and plan details with an authorized City
representative. Prospective bidders shall contact one of the following listed authorized City representatives at
least 24 hours in advance of the time they wish to go over the project.
Design Project Manager: Jin Wang, P.E. Phone: (970) 221-6605
Engineering Department Fax: (970) 221-6378
City of Fort Collins
281 North College Avenue
Fort Collins, CO 80522-0580
Construction Project Manager: Chris Parton, P.E. Phone: (970) 416-2719
Engineering Department Fax: (970) 221-6378
City of Fort Collins
281 North College Avenue
Fort Collins, CO 80522-0580
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.
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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* 10 Percent
The percentage will be calculated from proposals received for this project according to the following formula:
**Dollar amount of work to be contracted to underutilized DBEs (UDBEs)
Percentage = 100 X ———————————————————————————————
Total dollar amount of the original Contract
* All DBEs will be considered to be UDBEs.
** Based on DBE contract unit prices rather than prime contract unit prices.
NOTE: Specific Good Faith Efforts required to meet the Contract Goal specified above are defined in the
Standard Special Provisions. In addition, the Transportation Commission has determined an overall 12.69 percent
annual goal for the participation of all DBEs.
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COMMENCEMENT AND COMPLETION OF WORK
The Contractor shall commence work under the Contract on or before the 14th day following the date of award
unless such time for beginning the work is changed by the City in the "Notice to Proceed." The Contractor shall
complete all work within 45 calendar days in accordance with the "Notice to Proceed."
Salient features to be shown on the Contractor's Progress Schedule are:
• Mobilization
• Construction Surveying (By City Forces)
• Construction Traffic Control
• Removals and Adjustments
• Roadway Earthwork
• Erosion Control
• Drainage System
• Curb, Gutter and Sidewalk
• Asphalt Pavement
• Concrete Pavement
• Landscaping Restoration & Seeding
• Signing and Striping (By City Forces)
• Traffic Signals Box Reset (By City Forces)
• Utility Coordination and Relocations
Section 108 of the Standard Specifications is hereby revised for this project as follows:
Subsection 108.03 shall include the following:
The progress schedule shall consist of a Critical Path Method (CPM) schedule prepared using the Microsoft
Project software and submitted in hard and electronic formats.
The contractor shall be responsible for planning, scheduling, coordinating, and reporting the progress of the work
to be completed by City of Fort Collins Forces. The City of Fort Collins Forces shall be considered as
subcontractor for the purposes of scheduling the work. The City will comment on the contractors initial schedule
submittal for coordination of the completion of their work items.
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REVISION OF SECTION 100
GENERAL PROVISIONS
Section 100 of the Standard Specifications is hereby revised for this project as follows:
Subsections 102 and 103 of the Standard Specifications are hereby deleted. See Contract Documents for
additional information.
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REVISION OF SECTION 101
DEFINITION OF TERMS
Technical Specifications related to construction materials and methods for the work embraced under this Contract
shall consist of the “Colorado Department of Transportation, State of Colorado, Standard Specifications for Road
and Bridge Construction” dated 2005.
Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different
meanings within the scope of this Contract. A summary of redefinitions follows:
Where reference is made in the plans and specifications to Owner, Department, Chief Engineer, Resident
Engineer, Project Engineer, Engineer, Erosion Control Supervisor, and Inspection and Testing Agency it
is understood to mean the City of Fort Collins, Colorado representative.
The sections shown on the following pages are revisions to the Technical Specifications for this project.
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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:
The following information will be available for review at the City of Fort Collins Purchasing Division, 215 North
Mason Street, 2nd Floor, Fort Collins, Colorado 80522 and may be examined omline at:
1. City of Fort Collins BuySpeed: http://secure2.fcgov.com/bso/login.jsp
2. Mercury-LDO Reprographics: www.mercury-ldo.com
Copies of the Contract Documents, complete with Construction Specifications and Drawing, may be viewed and
purchased at the following location until the date set for opening of bids:
1. Mercury LDO Reprograhics:
• FORT COLLINS: 422 S. Link Lane, Ft. Collins, CO 80524
Ph: 970-484-1201, Fax: 970-221-0404
• ENGLEWOOD: 9632 E. Arapahoe, Englewood, CO 80112
Ph: 303-790-7169, Fax: 303-792-2936
• DENVER: 860 Bryant Street, Denver, CO 80204
Ph: 303-893-8701, Fax: 303-893-0617
• COLORADO SPRINGS: 11 E. Las Vegas, Colorado Spring, CO 80903
Ph: 719-231-8121, Fax: 719-633-5710
• LODO: 1660 Wynkoop Ste 130, Denver, CO 80202
Ph: 303-785-2520, Fax: 303-785-2522
• BOULDER: 2575 Pearl St. Unite C, Boulder, CO 80302
Ph: 303-539-1350, Fax: 303-539-1356
2. Builder Exchange, 223 S. Link Lane, Fort Collins, CO 80524
After the proposals have been opened, the low responsive, responsible bidder may obtain from the City of Fort
Collins at no cost:
10 sets of plans and special provisions.
Additional sets of plans and other available data may be purchased by cash or check from Mercury LDO
Reprograhics at current reproduction prices. Subcontractors and suppliers may obtain plans and other data from
the successful bidder.
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REVISION OF SECTION 104
SCOPE OF WORK
Section 104 of the Standard Specifications is hereby revised for this project as follows:
Subsection 104.02 shall include:
Site Conditions
A. General:
1. The Contractor acknowledges that he has satisfied himself as to the nature and location of the work,
the general and local conditions, particularly those bearing upon access to the site; handling, storage,
and disposal of materials; availability of water, electricity and roads; uncertainties of weather, river
stages, or similar physical conditions at the site; the conformation and conditions of the ground; the
equipment and facilities needed preliminary to and during the execution of the work; and all other
matters which can in any way affect the work or the cost thereof under this Contract.
2. The Contractor further acknowledges that he has satisfied himself as to the character, quality and
quantity of surface and subsurface materials to be encountered from his inspection of the site and
from reviewing any available records of exploratory work furnished by the Owner or included in
these Documents. Failure by the Contractor to acquaint himself with the physical conditions of the
site and all the available information will not relieve him from responsibility for properly estimating
the difficulty or cost of successfully performing the work.
3. The Contractor warrants that as a result of his examination and investigation of all the aforesaid data
that he can perform the work in a good and workmanlike manner and to the satisfaction of the Owner.
The Owner assumes no responsibility for any representations made by any of its officers or agents
during or prior to the execution of this Contract, unless (1) such representations are expressly stated in
the Contract, and (2) the Contract expressly provides that the responsibility therefore is assumed by
the Owner.
B. Information on Site Conditions:
Any information obtained by the Engineer regarding site conditions, subsurface information, groundwater
elevations, existing construction of site facilities, and similar data will be available for inspection, as
applicable, at the office of the Engineer upon request. Such information is offered as supplementary
information only. Neither the Engineer nor the Owner assumes any responsibility for the completeness or
interpretation of such supplementary information.
1. Differing Subsurface Conditions:
a. In the event that the subsurface or latent physical conditions are found materially different
from those indicated in these Documents, and differing materially from those ordinarily
encountered and generally recognized as inherent in the character of work covered in these
Contract Documents, the Contractor shall promptly, and before such conditions are disturbed,
notify the Engineer in writing of such changed conditions.
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SCOPE OF WORK
b. The Engineer will investigate such conditions promptly and following this investigation, the
Contractor shall proceed with the work, unless otherwise instructed by the Engineer. If the
Engineer finds that such conditions do so materially differ and cause an increase or decrease
in the cost of or in the time required for performing the work, the Engineer will recommend
to the Owner the amount of adjustment in cost and time he considers reasonable. The Owner
will make the final decision on all Change Orders to the Contract regarding any adjustment in
cost or time for completion.
2. Underground Utilities: Known utilities and structures adjacent to or encountered in the work are
shown on the Drawings. The locations shown are taken from existing records and the best
information available from existing utility plans and potholing. However, it is expected that there
may be some discrepancies and omissions in the locations and quantities of utilities and structures
shown. Those shown are for the convenience of the Contractor only, and no responsibility is assumed
by either the Owner or the Engineer for their accuracy or completeness.
C. Execution:
1. Where the Contractor's operations could cause damage or inconvenience to railway, telegraph,
telephone, television, oil, gas, electricity, water, sewer, or irrigation systems, the operations shall be
suspended until all arrangements necessary for the protection of these utilities and services have been
made by the Contractor.
2. Notify all utility offices which are affected by the construction operation at least 48 hours in advance.
Under no circumstances expose any utility without first obtaining permission from the appropriate
agency. Once permission has been granted, locate, expose, and provide temporary support for all
existing underground utilities.
3. The Contractor shall protect all utility poles from damage. If interfering power poles, telephone
poles, guy wires, or anchors are encountered, notify the Engineer and the appropriate utility company
at least 48 hours in advance of construction operations to permit the necessary arrangements for
protection or relocation of the interfering structure.
4. The Contractor shall be solely and directly responsible to the owner and operators of such properties
for any damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of any character
brought because of any injuries or damage which may result from the construction operations under
this Contract.
5. Neither the Owner nor its officers or agents shall be responsible to the Contractor for damages as a
result of the Contractor's failure to protect utilities encountered in the work.
6. If the Contractor, while performing the Contract, discovers utility facilities not identified in the
Drawings or Specifications, he shall immediately notify the Owner, utility, and the Engineer in
writing.
7. In the event of interruption to domestic water, sewer, storm drain, or other utility services as a result
of accidental breakage due to construction operations, promptly notify the proper authority.
Cooperate with said authority in the restoration of service as promptly as possible and bear all costs of
repair.
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SCOPE OF WORK
8. The Contractor shall replace, at his own expense, any and all other existing utilities or structures
removed or damaged during construction, unless otherwise provided for in these Contract Documents
or ordered by the Engineer.
9. Interfering Structures - The Contractor shall take necessary precautions to prevent damage to existing
structures whether on the surface, aboveground, or underground. An attempt has been made to show
major structures on the Drawings. The completeness and accuracy cannot be guaranteed, and it is
presented simply as a guide to avoid known possible difficulties.
10. Field Relocation - During the progress of construction, it is expected that minor relocations of the
work will be necessary. Such relocations shall be made only by direction of the Engineer. If existing
structures are encountered that prevent the construction, and that are not properly shown on the
Drawings, notify the Engineer before continuing with the construction in order that the Engineer may
make such field revision as necessary to avoid conflict with the existing structures. If the Contractor
shall fail to so notify the Engineer when an existing structure is encountered, and shall proceed with
the construction despite the interference, he shall do so at his own risk.
D. Easements: Where portions of the work are located on public or private property, easements and permits
will be obtained by the Owner. Easements will provide for the use of the property for construction purposes
to the extent indicated on the easements. Copies of these easements and permits are available upon request
to the Owner. It shall be the Contractor's responsibility to determine the adequacy of the easement obtained
in every case and to abide by all requirements and provisions of the easement. The Contractor shall confine
his construction operations to within the easement limits or make special arrangements with the property
owners or appropriate public agency for the additional area required. Any damage to property, either inside
or outside the limits of the easements provided by the Owner, shall be the responsibility of the Contractor as
specified herein. The Contractor shall remove, protect, and replace all fences or other items encountered on
public or private property. Before final payment will be authorized by the Engineer, the Contractor will be
required to furnish the Owner with written releases from property owners or public agencies where side
agreements or special easements have been made by the Contractor or where the Contractor's operations, for
any reason, have not been kept within the construction right-of-way obtained by the Owner
E. Land Monuments: The Contractor shall notify the Engineer of any existing Federal, State, Town, County,
and private land monuments encountered. Private monuments shall be preserved, or replaced by a licensed
surveyor at the Contractor's expense. When Government monuments are encountered, the Contractor shall
notify the Engineer at least two (2) weeks in advance of the proposed construction in order that the Engineer
will have ample opportunity to notify the proper authority and reference these monuments for later
replacement.
Subsection 104.05 shall include:
Contractors Use of Premises
The Contractor may use the Owner’s property designated within the construction limits shown on the Plans for
equipment and materials as long as he confines his operations to those permitted by local laws, ordinance and
permits and meet the following requirements:
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1. Do not unreasonably encumber site with materials or equipment.
2. Assume full responsibility for protection and safekeeping of products stored on premise.
3. Move any stored products which interfere with operations of the Owner.
4. Obtain and pay for use of additional storage or work areas needed for operations.
Limits of Construction
The Contractor must maintain all of his construction activities within the Owner’s property and/or construction
easements and limits of the project, or other stated areas, unless permits and/or written permission are obtained by
the Contractor, from appropriate authorities or private property owners, outside of these areas. Contractor to
fence all easements and work areas. The temporary permits must be secured and paid for by the Contractor at no
extra cost to the Owner. Any temporary permits secured must be in writing and a copy of same provided to the
Engineer.
Security
The Contractor shall at all times be responsible for the security of his facilities and equipment. The Owner will
not take responsibility for missing or damaged equipment, tools, or personal belongings of the Contractor.
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REVISION OF SECTION 105
CONTROL OF WORK
Section 105 of the Standard Specifications is hereby revised for this project as follows:
Subsection 105.02 shall be replaced with:
Submittals
A. Requirements:
1. Where required by the Specifications, the Contractor shall submit descriptive information that will enable
the Engineer to determine whether the Contractor’s proposed materials, equipment, methods of work are
in general conformance to the design concept and in accordance with the Drawings and Specifications.
The information submitted may consist of drawings, specifications, descriptive data, certificates, samples,
test results, product data, and such other information, all as specifically required in the Specifications. In
some instances, specified submittal information describes some, but not all features of the material,
equipment, or method of work.
2. The Contractor shall be responsible for the accuracy and completeness of the information contained in
each submittal and shall assure that the material, equipment, or method of work shall be as described in
the submittal. The Contractor shall verify that all features of all products conform to the requirements of
the Drawings and Specifications. The Contractor shall ensure that there is no conflict with other
submittals and notify the Engineer in each case where its submittal may affect the work of another
Contractor or the Owner. The Contractor shall ensure coordination of submittals among the related crafts
and subcontractors.
3. Submittals will be reviewed for overall design intent and returned to Contractor with action to be
indicated by the Engineer. It shall be the Contractor’s responsibility to assure that previously accepted
documents are destroyed when they are superseded by a resubmittal as such.
4. It shall be the Contractor’s responsibility to ensure that required items are corrected and resubmitted.
Any work done before approval shall be at the Contractor’s own risk.
B. Submittal Procedure:
1. Unless a different number is called for in the individual sections, six (6) copies of each submittal and
sample are required, four (4) of which will be retained by the Engineer. The Contractor shall receive two
(2) copies in return. Faxed submittals will not be accepted.
2. Submittals that are related to or affect each other shall be forwarded simultaneously as a package to
facilitate coordinated review. Uncoordinated submittals will be rejected.
3. If the items or system proposed are acceptable but the major part of the individual drawings or documents
are incomplete or require revision, the submittal will be returned with requirements for completion.
4. The right is reserved for the Engineer to require submittals in addition to those called for in individual
sections.
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CONTROL OF WORK
5. Submittals regarding material and equipment shall be submitted directly to the Engineer and will be
accompanied by a transmittal form. A separate form shall be used for each specific item, class of
material, equipment, and items specified in separate discrete sections for which the submittal is required.
Submittals for various items shall be made with a single form when the items taken together constitute a
manufacturer’s package or are so functionally related that expediency indicates checking or review of the
group or package as a whole.
6. A unique number, sequentially assigned, shall be noted on the transmittal form accompanying each item
submitted. Original submittal numbers shall have the following format: “XXX-Y;” where “XXX” is the
originally assigned submittal number and “Y” is a sequential letter assigned for resubmittals (i.e., A, B, or
C being the first, second and third resubmittals, respectively). Submittal 25B, for example, is the second
resubmittal of Submittal 25.
7. If the Contractor proposes to provide material, equipment, or method of work that deviates from the
Contract Documents, it shall indicate so under “deviations” on the transmittal form accompanying the
submittal copies.
8. Submittals that do not have all the information required to be submitted, including deviations, are not
acceptable and will be returned without review.
C. Review Procedure:
1. Submittals are specified for those features and characteristics of materials, equipment, and methods of
operation that can be selected based on the Contractor’s judgment of their conformance to the
requirements of the Drawing and Specifications. Other features and characteristics are specified in a
manner that enables the Contractor to determine acceptable options without submittals. The review
procedure is based on the Contractor’s guarantee that all features and characteristics not requiring
submittals conform to the Drawings and Specifications. Review shall not extend to means, methods,
techniques, sequences, or procedures of construction or to verifying quantities, dimensions, weights or
gages, or fabrication processes (except where specifically indicated or required by the Specifications) of
separate items, and as such, will not indicate approval of the assembly in which the item functions.
2. Unless otherwise specified, within twenty-one (21) calendar days after receipt of the submittal, the
Engineer will review the submittal and return copies. The returned submittal will indicate one of the
following actions:
a. If the review indicates that the material, equipment, or work method complies with the Specifications,
submittal copies will be marked “NO EXCEPTIONS TAKEN”. In this event, the Contractor may
begin to implement the work method or incorporate the material or equipment covered by the
submittal.
b. If the review indicates limited corrections are required, copies will be marked “REVIEWED,
COMMENTS AS NOTED”. The Contractor may begin implementing the work method or
incorporating the material and equipment covered by the submittal in accordance with the noted
corrections.
Where submittal information will be incorporated in Operation and Maintenance data, a corrected
copy shall be provided.
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CONTROL OF WORK
c. If the review indicates that the submittal is insufficient or contains incorrect data, copies will be
marked “REVISE AND RESUBMIT”. Except at its own risk, the Contractor shall not undertake
work covered by this submittal until it has been revised, resubmitted and returned marked either “NO
EXCEPTIONS TAKEN” or “REVIEWED, COMMENTS AS NOTED”.
d. If the review indicates that the material, equipment, or work method do not comply with the
Specifications, copies of the submittal will be marked “REJECTED”. Submittals with deviations that
have not been identified clearly may be rejected. Except at its own risk, the Contractor shall not
undertake the work covered by such submittals until a new submittal is made and returned marked
either ”NO EXCEPTIONS TAKEN” or “REVIEWED, COMMENTS AS NOTED”.
D. Drawing:
1. The term “shop drawings” includes drawings, diagrams, layouts, schematic, descriptive literature,
illustrations schedules performance and test data, and similar materials furnished by Contractor to explain
in detail specific portions of the work required by the Contract.
2. Contractor shall coordinate all such drawings, and review them for legibility, accuracy, completeness and
compliance with contract requirements and shall indicate this approval thereon as evidence of such
coordination and review. Shop drawing submitted to the Engineer without evidence of Contractor’s
approval will be returned for resubmission.
3. Shop drawing shall be clearly identified with the name and project number of this contract, and references
to applicable specification paragraphs and contract drawings. When catalog pages are submitted,
applicable items shall be clearly identified.
4. Contractor shall stamp his approval on shop drawings prior to submission to the Engineer as indication of
his checking and verification of dimensions and coordination with interrelated items. Stamp shall read:
“(Contractor’s Name) represents that we have determined and verified all field dimensions and
measurements, field construction criteria, materials, catalog numbers and similar data, and that we have
checked with the requirements of the Specifications and Drawings, the Contract Documents, and General
Conditions”.
Marks on drawings by Contractor shall not be in red. Any marks by Contractor shall be duplicated on all
copies submitted.
5. If shop drawings show variations from contract requirements, Contractor shall describe such variations in
writing, separate from the drawings, at time of submission. All such variations must be approved by the
Engineer. If Engineer approves any such variations, he shall issue an appropriate contract modification,
except that, if the variation is minor and does not involve a change in price or in time of performance, a
modification need not be issued.
6. Should the Contractor propose any item on his shop drawings or incorporate an item into the work, and
that item should subsequently prove to be defective or otherwise unsatisfactory, (regardless of the
Engineer’s preliminary review), the Contractor shall, at his own expense, replace the item with another
item that will perform satisfactorily.
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E. Certificates:
For those items called for in individual sections, furnish six (6) certificates of compliance from manufacturers
or suppliers certifying that materials or equipment being furnished under the Contract comply with the
requirements of these Specifications.
F. Samples:
Samples shall be sufficient in size to clearly illustrate functional characteristics and full range of color,
texture, and pattern.
G. Effect of Review of Contractor’s Submittals:
Review of drawings, data, methods of work, or information regarding materials or equipment the Contractor
proposes to provide, shall not relieve the contractor of its responsibility for errors therein and shall not be
regarded as an assumption of risks or liability by the Engineer or the Owner, or by any officer or employee
thereof, and the Contractor shall have no claim under the Contract on account of the failure or partial failure,
of the method of work, material, or equipment so reviewed. A mark of “NO EXCEPTIONS TAKEN” or
“REVIEWED, COMMENTS AS NOTED” shall mean that the Owner has no objection to the Contractor
upon its own responsibility, using the plan or method of work proposed, or providing the materials or
equipment proposed.
Subsection 105.08 shall be revised as follows:
Delete the second paragraph and replace with the following:
In case of discrepancy the order of precedence is as follows:
(a) General Conditions of the Construction Contract
(b) Special Provisions
1. Project Special Specifications
2. Standard Special Provisions
(c) Plans
1. Detailed Plans
2. Standard Plans
Calculated dimensions will govern over scaled dimensions.
(d) Supplemental Specifications
(e) Standard Specifications
Subsection 105.09 shall include:
Coordination with Property Owners and Tenants
The City of Fort Collins is committed to maintaining a positive working relationship with the businesses and
residents in the project area. Every effort will be made to maintain pedestrian and bicycle flow and to
accommodate special events and holidays for businesses, pedestrians, parking, and vehicle traffic. The Contractor
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REVISION OF SECTION 105
CONTROL OF WORK
shall be responsible to coordinate all work activities with private property owners and tenants along the project
corridor. Access shall be maintained at all times. The Contractor shall be responsible for communicating
accurate scheduling information to the project team to assure proper notification of businesses and residents. In
particular, any proposed disruption or closure to an existing access must be communicated to the property Owners
and tenants with as much notice as possible. The minimum notice that will be allowed for any proposed access
change is 48 hours. The Contractor shall ensure that adequate alternate access is in place for vehicles and
pedestrians and any property-specific access needs are addressed prior to any change in existing access. The
Contractor shall identify his method of maintaining these accesses on the Construction Traffic Control plans (see
Traffic Control – General).
Coordination with Traffic Engineer
The Contractor shall coordinate with the Owner’s Traffic Engineer for all traffic control activities. This shall
include, but not be limited to, installation and timing of temporary traffic detours, and closure of any partial
intersection movements, lane reductions, removal and installation of all traffic signal equipment, removal and
installation of all signing and striping.
The Contractor is responsible for removal of striping required for traffic control phasing.
Subsection 105.12 shall include:
Surveying Coordination
A. The Owner will provide construction surveying for the project. City Survey Crews will perform the
surveying required.
B. The Contractor must submit a survey request form to the City Surveyors a minimum of 48 hours prior to
needing surveying.
C. If the requested surveying cannot be accomplished in the time frame requested by the Contractor, the survey
personnel shall notify the Contractor with the date on which the requested work will be completed.
D. Should a sudden change in the Contractor’s operations or schedule require the survey personnel to work
overtime, the Contractor shall pay the additional overtime expense.
E. The Contractor shall protect all survey monuments and construction stakes. If it is unavoidable to remove a
survey monument or construction stakes, the Contractor is responsible for notifying the Surveyor and
allowing enough time for the monuments or stakes to be relocated. The Contractor will be responsible for the
cost of restaking construction stakes and for the cost of re-establishing a destroyed monument.
F. The Contractor shall be responsible for transferring the information from the construction staked to any
necessary forms and for constructing all pipelines, drainage ways, pavements, inlets, walls, and other
structures in accordance with the information on the stakes and grade sheets supplied by the Owner.
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REVISION OF SECTION 106
CONTROL OF MATERIAL
Section 106 of the Standard Specifications is hereby revised for this project as follows:
Subsection 106.01 shall include:
Substitutions and Product Options
A. Description:
1. This section describes the procedure required by the Contractor for product substitutions.
2. Requests for Substitution:
a. Base all bids on materials, equipment and procedures specified.
b. Certain types of equipment and kinds of material are described in specifications by means of trade
names and catalog numbers, and/or manufacturer’s names. Where this occurs, it is not intended to
exclude from consideration such types of equipment and kinds of material bearing other trade names,
catalog numbers and/or manufacturer’s names, capable of accomplishing purpose of types of
equipment or kinds of material specifically indicated.
c. Other types of equipment and kinds of material may be acceptable to the Owner and Engineer.
d. Types of equipment, kinds of material and methods of construction, if not specifically indicated must
be approved in writing by Engineer and the Owner.
3. Submission of Requests for Substitution:
a. After Notice to Proceed, the Owner / Engineer will consider written requests for substitutions of
products, materials, systems or other items.
b. The Engineer reserves the right to require substitute items to comply color and pattern-wise with base
specified items, if necessary to secure “design intent”.
c. Submit six (6) copies of request for substitution. Include in request:
1) Complete data substantiating compliance of proposed substitute with Contract Documents.
2) For products:
i. Product identification, including manufacturer’s name.
ii. Manufacturer’s literature, marked to indicate specific model, type, size, and options to be
considered: Product description; performance and test data; reference standards; difference in
power demand; dimensional differences for specified unit.
iii. Name and address of similar projects on which product were used, date of installation, and
field performance data.
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REVISION OF SECTION 106
CONTROL OF MATERIAL
3) For construction methods:
i. Detailed description of proposed method.
ii. Drawings illustrating methods.
4) Itemized comparison of proposed substitution with product or method specified.
5) Data relating to changes in construction schedule.
6) Relation to separate contracts.
7) Accurate cost data on proposed substitution in comparison with product or method specified.
d. In making request for substitution, or in using an approved substitute item, Supplier / Manufacturer
represents:
1) He has personally investigated proposed product or method, and has determined that it is equal or
superior in all respects to that specified and that it will perform function for which it is intended.
2) He will provide same guarantee for substitute item as for product or method specified.
3) He will coordinate installation of accepted substitution into work, to include building
modifications if necessary, making such changes as may be required for work to be complete in
all aspects.
4) He waives all claims for additional costs related to substitution which subsequently become
apparent.
4. Substitutions: Request sufficiently in advance to avoid delay in construction.
5. Contractor’s Option:
a. For products specified only by reference standards, select any product meeting standards by any
manufacturer, indicate selected type in submission.
b. For products specified by naming several products or manufacturers, select any product and
manufacturer named, indicate selected type in submission.
c. For products specified by naming one or more products, but indicating option of selecting equivalent
products by stating “or equivalent” after specified product, Contractor must submit request, as
required for substitution, for any product not specifically named.
6. Rejection of Substitution or Optional Item: Substitutions and/or options will not be considered if They are
indicated or implied on shop drawings, or project data submittals, without formal request submitted in
accordance with this section.
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-3-
REVISION OF SECTION 106
CONTROL OF MATERIAL
Subsection 106.03 shall include:
Materials Testing
A. Provide such equipment and facilities as are required for conducting field tests and for collecting and
forwarding samples. Do not use any materials or equipment represented by samples until tests, if required,
have been made and the materials or equipment found to be acceptable. Any product which becomes unfit for
use after approval thereof shall not be incorporated into the work.
B. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided,
sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance
with the latest standards and tentative methods of the American Society for Testing Materials (ASTM), and
the American Association of Highway and Transportation Officials (AASHTO).
C. Where additional or specific information concerning testing methods, sample sizes, etc., is required, such
information is included under the applicable sections of the Specifications. Any modification of, or
elaboration on, these test procedures which may be included for specific materials under their respective
sections in the Specifications shall take precedence over these procedures.
D. Owners Responsibilities
1. The Owner shall be responsible for and shall pay all costs in connection with the following testing:
a. Soils compaction tests.
b. Trench backfill.
c. Pipe and structural bedding.
d. Tests not called for by the Specifications of materials delivered to the site.
e. Concrete tests.
f. Pavement tests
E. Contractors Responsibilities
1. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be
responsible for and shall pay all costs in connection with testing required for the following:
a. Concrete materials and mix designs.
b. Design of asphalt mixtures.
c. All performance and field-testing specifically called for by the Specifications.
d. All retesting for work or materials found defective or unsatisfactory, including tests covered above.
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REVISION OF SECTION 106
CONTROL OF MATERIAL
F. Transmittal of Test Reports
Written reports of tests and engineering data furnished by Contractor for Engineer’s review of materials and
equipment proposed to be used in the work shall be submitted as specified for Shop Drawings.
The testing laboratory retained by the Owner or Engineer will furnish three (3) copies of a written report of
each test performed by laboratory personnel in the field or laboratory. Two (2) copies of each test report will
be transmitted to the Engineer and one (1) copy to the Contractor within seven (7) days after each test is
completed.
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-1-
REVISION OF SECTION 107
ENVIRONMENTAL CONTROLS
Section 107 of the Standard Specifications is hereby modified to include the following:
Environmental Controls
The work of this section consists of obtaining permits and providing environmental controls consistent with
regulatory permits through the duration of the work required under this project.
A. Dust Control Application:
1. The Contractor shall execute work by methods to minimize raising dust from construction operations.
2. The Contractor shall provide and apply dust control at all times, including evenings, holidays and
weekends, as required to abate dust nuisance on and about the site that is a direct result of construction
activities. The use of non-approved chemicals, oil, or similar palliatives will not be allowed. Dust
control agents may be used only after prior approval of the Owner. The Contractor shall be required to
provide sufficient quantities of equipment and personnel for dust control sufficient to prevent dust
nuisance on and about the site.
3. The Owner will have authority to order dust control work whenever in its opinion it is required, and there
shall be no additional cost to the Owner. The Contractor shall be expected to maintain dust control
measures effectively whether the Owner or Engineer specifically orders such Work.
B. Preservation of Natural Features: Confine operations as much as possible. Exercise special care to maintain
natural surroundings in an undamaged condition. Within the work limits, barricade trees, rock outcroppings,
and natural features to be preserved.
C. Housekeeping: Keep project neat, orderly, and in a safe condition at all times. Store and use equipment,
tools, and materials in a manner that does not present a hazard. Immediately remove all rubbish. Do not
allow rubbish to accumulate. Provide on-site containers for collection of rubbish and dispose of it at frequent
intervals during progress of work.
D. Disposal
1. Disposal of Waste (Unsuitable) Materials: All material determined by the Engineer to be waste will be
disposed of in approved landfill in a manner meeting all regulations. Dispose of waste materials, legally,
at public or private dumping areas. Do not bury wastes inside of the limits of construction. All costs for
dump fees, permits, etc., to be borne by the Contractor.
2. Disposal of Garbage and Other Construction Materials: Provide sanitary containers/dumpsters and haul
away contents such that no overflow exists.
3. Excess excavation shall become the property of the Contractor and shall be legally disposed of by him
outside the limits of construction to an approved disposal site. Excess excavated material suitable for
backfill shall not be disposed of until all backfill operations are complete.
4. The Contractor is to immediately inform Engineer of any hazardous materials encountered during
construction. Dispose of waste materials legally at private or public facilities.
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REVISION OF SECTION 107
ENVIRONMENTAL CONTROLS
E. Burning: No burning of debris will be permitted.
F. Water Control: A portion of the project work is located within a natural drainage course and is subject to
periodic flooding due to rainfall and snowmelt, flows for adjacent developed areas and storm water pipes and
ground water flows from saturated soils or other ground water sources. The Contractor is responsible for
managing water within the construction site and protecting property.
G. Noise Control: All mechanical equipment shall be equipped with the best available mufflers to reduce noise.
The Contractor shall be responsible for obtaining any necessary permits and shall limit noise to the permitted
levels. Noise level monitoring shall be performed by the Contractor as necessary to show that the permitted
levels are not being exceeded.
Permission from Owner must be obtained prior to the operation of any machinery and/or vehicles between the
hours of 6 p.m. and 7 a.m.
H. Erosion and Sediment Control: It shall be the responsibility of the Contractor to prepare and obtain an
approved Erosion and Sediment Control Plan from the Owner. The Contractor shall obtain all applicable
permits and performed all work in accordance with all applicable regulatory permits.
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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
2. Contractor’s Subcontractors
3. Engineer
4. Owner
5. Utility Companies
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, include in the schedule shop drawings and other submittals.
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
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. Critical work sequencing
7. Field decision and change orders
8. Use of premises, office and storage areas, staging area, security, housekeeping, and Owner’s needs
9. Contractor’s assignment of safety and first aid
B. Construction Progress Meetings: 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, 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.
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REVISION OF SECTION 108
PROSECUTION AND PROGRESS
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.
The following specifies the procedure for the determination of time extensions for unusually severe weather. The
listing below defines the anticipated number of calendar days lost to adverse weather for each month and is based
upon National Oceanic and Atmospheric Administration (NOAA) or similar data for the geographic location of
the project.
Monthly Anticipated Calendar Days Lost to Adverse Weather Conditions
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
(7) (4) (4) (4) (6) (3) (4) (2) (3) (3) (2) (5)
The above schedule of anticipated adverse weather will constitute the base line for monthly (or portion thereof)
weather time evaluations. Upon acknowledgment of the Notice to Proceed and continuing throughout the
contract on a monthly basis, actual adverse weather days and the impact of adverse weather days that delay the
work will be recorded on a day-to-day basis. It is assumed that the work will be carried out Mondays through
Fridays (holidays excepted) unless an approved construction schedule or written authorization from the Owner
indicates otherwise. The number of days of delayed work due to adverse weather or the impact thereof will then
be compared to the monthly adverse weather schedule above.
An actual adverse weather day must prevent work for 50 percent or more of the Contractor’s workday, delay work
critical to the timely completion of the project, and be documented by the Contractor. The City Representative
observing the construction shall determine on a daily basis whether or not work can proceed or if work is delayed
due to adverse weather or the effects thereof. The Contractor shall notify the Engineer in writing of any
disagreement as to whether or not work can proceed on a given date, within 2 calendar days of that date. The
Owner will use the above written notification in determining the number of working days for which work was
delayed during each month.
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
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through Fridays, holidays excepted; should the Contractor have authorization to work weekends and/or holidays,
then the method of conversion of workdays to calendar days would take this into consideration. The contract time
period will then be increased by the number of calendar days calculated above and a new contract completion day
and date will be set.
The Contractor’s schedule must reflect the above-anticipated adverse weather delays on all weather-dependent
activities.
While extensions of time shall be granted for "unusually severe" weather or climate conditions, the Owner shall
make no monetary compensation for any costs to the Contractor arising out of such delays. The Contractor shall
comply with the portions of the Contract Documents relating to his project schedule and amendments thereto
which result from the "unusually severe" weather condition.
Breakdowns in equipment or lack of performance by the Contractor will not be considered justification for an
extension of time. Liquidated damages will be assessed as delineated elsewhere.
The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of
the work is due to the following, and the Contractor has promptly given written notice of such delay to the Owner
or Engineer.
1. To any preference, priority, or allocation order duly issued by the Owner.
2. To unforeseeable causes beyond the control and without the fault or negligence of the Contractor,
including but not restricted to, acts of God, or of the public enemy, acts of the Owner, acts of another
Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather as provided above.
3. To any delays of Subcontractors occasioned by any of the causes specified in paragraphs 1 and 2, above.
Subsection 108.04 shall include the following:
Work Hours: Standard work hours are 7 AM to 6 PM, Monday through Friday. No work shall be permited on
weekends or holidays without written approval from the Project Manager. Work activity done at times other than
during normal working hours may require reimbursement to the City for the overtime cost to the City. Work
requests beyond normal working hours must be submitted to the Project Manager a minimum of (5) working days
prior to the request date.
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REVISION OF SECTION 202
REMOVAL OF STRUCTURES AND OBSTRUCTIONS
Section 202 of the Standard Specifications is hereby revised for this project as follows:
Subsection 202.01 shall include the following:
This work includes removal and disposal of existing wooden and metal posts within the project limits as shown
on the plans and any other obstruction, as directed by the Engineer, which need to be removed for the completion
of the project. Obstruction includes but not limited to vegetation, rocks and boulder.
In subsection 202.02 delete the seventh paragraph and replace with the following:
The existing structures and obstructions shall be removed in a manner that minimizes disturbance to the
surrounding area. All removed structure and obstruction shall become the property of the Contractor and shall be
disposed of outside the project site legally.
Subsection 202.12 shall include the following:
Work shall include all material, equipment, labor, and disposal of materials to complete the work.
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REVISION OF SECTION 202
REMOVAL OF CONCRETE PIPE
Section 202 of the Standard Specifications is hereby revised for this project as follows:
Subsection 202.01 shall include the following:
This work includes removal and disposal of existing concrete pipe within the project limits as shown on the plans
or at locations directed by the Engineer.
In subsection 202.02 delete the seventh paragraph and replace with the following:
The removed concrete pipe shall become the property of the Contractor and shall be disposed of outside the
project site legally.
Subsection 202.11 shall include the following:
The removal of the existing concrete pipe will be measured by the linear foot of concrete pipe removed, and
accepted.
Excavation and backfilling will not be paid separately and shall be included in the cost for removal of concrete
pipe.
Subsection 202.12 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Removal of Concrete pipe Linear Foot
Work shall include all material, equipment, labor, and disposal of materials to complete the work.
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REVISION OF SECTION 202
REMOVAL OF SIDEWALK
Section 202 of the Standard Specifications is hereby revised for this project as follows:
Subsection 202.01 shall include the following:
This work includes removal and disposal of existing sidewalk within the project limits as shown on the plans or at
locations directed by the Engineer.
In subsection 202.02 delete the seventh paragraph and replace with the following:
The existing sidewalk (6 inches thick) shall be removed in a manner that minimizes contamination of the removed
sidewalk with underlying material. The removed sidewalk shall become the property of the Contractor and shall
be disposed of outside the project site legally. The Contractor may dispose the removed sidewalk at the City of
Fort Collins Recycling Center at Hoffman Mill Road. It is the responsibility of the Contractor to be familiar with
acceptable disposal specifications of the City Recycling Center.
Subsection 202.11 shall include the following:
The removal of the existing sidewalk will be measured by the square yard of sidewalk removed to the required
depth, and accepted.
Sawcutting will not be paid separately and shall be included in the cost for removal of sidewalk.
Subsection 202.12 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Removal of Sidewalk Square Yard
Work shall include all material, equipment, labor, and disposal of materials, including hauling, to complete the
work.
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REVISION OF SECTION 202
REMOVAL OF CURB
Section 202 of the Standard Specifications is hereby revised for this project as follows:
Subsection 202.01 shall include the following:
This work includes removal and disposal of existing curb within the project limits as shown on the plans or at
locations directed by the Engineer.
In subsection 202.02 delete the seventh paragraph and replace with the following:
The removed curb shall become the property of the Contractor and shall be disposed of outside the project site
legally. The Contractor may dispose the removed curb at the City of Fort Collins Recycling Center at Hoffman
Mill Road. It is the responsibility of the Contractor to be familiar with acceptable disposal specifications of the
City Recycling Center.
Subsection 202.11 shall include the following:
The removal of the existing curb will be measured by the linear foot of curb removed, and accepted.
Sawcutting will not be paid separately and shall be included in the cost for removal of curb.
Subsection 202.12 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Removal of Curb Linear Foot
Work shall include all material, equipment, labor, and disposal of materials, including hauling, to complete the
work.
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REVISION OF SECTION 202
REMOVAL OF CONCRETE PAVEMENT
Section 202 of the Standard Specifications is hereby revised for this project as follows:
Subsection 202.01 shall include the following:
This work includes removal and disposal of existing concrete pavement within the project limits as shown on the
plans or at locations directed by the Engineer.
In subsection 202.02 delete the seventh paragraph and replace with the following:
The existing concrete pavement (10 inches thick) shall be removed in a manner that minimizes contamination of
the removed pavement with underlying material. The removed pavement shall become the property of the
Contractor and shall be disposed of outside the project site legally. The Contractor may dispose the removed
pavement at the City of Fort Collins Recycling Center at Hoffman Mill Road. It is the responsibility of the
Contractor to be familiar with acceptable disposal specifications of the City Recycling Center.
Subsection 202.11 shall include the following:
The removal of the existing concrete pavement will be measured by the square yard of pavement removed to the
required depth, and accepted.
Location of sawcutting shall be as directly by the Engineer. Sawcutting will not be paid separately and shall be
included in the cost for removal of concrete pavement.
Subsection 202.12 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Removal of Concrete Pavement Square Yard
Work shall include all material, equipment, labor, and disposal of materials, including hauling, to complete the
work.
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REVISION OF SECTION 202
REMOVAL OF ASPHALT MAT
Section 202 of the Standard Specifications is hereby revised for this project as follows:
Subsection 202.01 shall include the following:
This work includes removal and disposal of existing asphalt mat within the project limits as shown on the plans or
at locations directed by the Engineer.
In subsection 202.02 delete the seventh paragraph and replace with the following:
The existing asphalt mat shall be removed in a manner that minimizes contamination of the removed asphalt with
underlying material. The removed asphalt shall become the property of the Contractor and shall be disposed of
outside the project site legally. The Contractor may dispose the removed asphalt at the City of Fort Collins
Recycling Center at Hoffman Mill Road. It is the responsibility of the Contractor to be familiar with acceptable
disposal specifications of the City Recycling Center.
Subsection 202.11 shall include the following:
The removal of the existing asphalt mat will be measured by the square yard of mat removed to the required
depth, and accepted.
Location of sawcutting shall be as directly by the Engineer. Sawcutting will not be paid separately and shall be
included in the cost for removal of asphalt mat.
Subsection 202.12 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Removal of Asphalt Mat Square Yard
Work shall include all material, equipment, labor, and disposal of materials, including hauling, to complete the
work.
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REVISION OF SECTION 202
REMOVAL OF PAVEMENT MARKING
Section 202 of the Standard Specifications is hereby revised for this project as follows:
Subsection 202.05 shall including the following:
Location of pavement marking removal shall be as directed by the Engineer.
Pavement marking on removed concrete pavement and asphalt mat are incidental to the concrete pavement and
asphalt mat removal, and will not be measured and paid for separately.
Removed pavement marking material and the medium used to remove the pavement marking shall be sweep up
and disposed of outside the project site legally.
Subsection 202.12 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Removal of Pavement Marking Square Foot
Payment for removal of pavement marking will be full compensation for all labor and materials necessary to
complete the work, including clean-up and disposal.
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REVISION OF SECTION 202
REMOVAL OF FENCE
Section 202 of the Standard Specifications is hereby revised for this project as follows:
Subsection 202.01 shall include the following:
This work includes removal and disposal of existing fence within the project limits as shown on the plans or at
locations directed by the Engineer.
In subsection 202.02 delete the seventh paragraph and replace with the following:
The existing fence shall be removed in a manner that minimizes disturbance to the surrounding area. All removed
fence materials shall become the property of the Contractor and shall be disposed of outside the project site
legally.
Subsection 202.11 shall include the following:
The removal of the existing fence will be measured by the linear foot of fence removed, and accepted.
Subsection 202.12 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Removal of Fence Linear Foot
Work shall include all material, equipment, labor, and disposal of materials to complete the work, including
excaving and backfilling.
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REVISION OF SECTION 203
PROOF ROLLING
Section 203 of the Standard Specifications is hereby revised for this project as follows:
Subsection 203.13(f) delete and replace with the following:
Proof rolling will not be measured but shall be incidental to the work.
Subsection 203.14 shall include the following:
Proof rolling will not be measure and paid for separately, but shall be included in the work.
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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 304.02 shall include the following:
Materials for the base course shall be Aggregate Base Course (Class 6) as shown in subsection 703.03
The aggregate base course (Class 6) must meet the gradation requirements and have a resilient modulas of at least
32,883 psi or a resistance value, R≥78 when tested by the Hveem Stabilometer method.
Subsection 304.04 shall include the following:
Any excavation and fill required to place the aggregate base course and the preparation of the subgrade will not be
measure and paid for separately, but shall be included in the work. Any access excavated material not used on
site shall become the property of the Contractor and shall be disposed of at the City of Fort Collins Recycling
Center at Hoffman Mill Road. Materials not accepted at the City Recycling Center shall be disposed of outside
the project site.
Subsection 304.08 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Aggregate Base Course (Class 6) Ton
Work shall include all material, equipment, labor, and disposal of any access excavated materials, including
hauling, to complete the work.
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REVISION OF SECTION 403
HOT MIX ASPHALT
Section 403 of the Standard Specifications is hereby revised for this project as follows:
Subsection 403.02 shall include the following:
The design mix for hot mix asphalt shall conform to the following:
TABLE 403-1
Value For Grading
Property
Test
Method S(100) SG(100)
Air Voids, percent at:
N (initial) [for information only]
N (design)
CPL 5115
>11.0
3.5 – 4.5
>11.0
3.5 – 4.5
Lab Compaction (Revolutions):
N (initial) [for information only]
N (design)
CPL 5115
8
100
8
100
Stability, minimum CPL 5106 30 30
Minimum % of the aggregate retained
on the 4.75 mm (No. 4) sieve having at
least 2 mechanically induced fractured
faces
CP 45 90 80
Accelerated Moisture Susceptibility
Tensile Strength Ratio (Lottman),
minimum
CPL 5109
Method B
80
80
Minimum Dry Split Tensile Strength,
kPa (psi)
CPL 5109
Method B
205 (30) 205 (30)
Grade of Asphalt Cement, Top Layer PG 64-28
Grade of Asphalt Cement, Layers below
Top
PG 58-28
Voids in the Mineral Aggregate (VMA)
% minimum
CP 48
See Table
403-2
See Table
403-2
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REVISION OF SECTION 403
HOT MIX ASPHALT
All mix designs shall be run with a gyratory compaction angle of 1.25 degrees and properties must satisfy Table
403-1. Form 43 will establish construction targets for Asphalt Cement and all mix properties at Air Voids up to
1.0 percent below the mix design optimum
TABLE 403-2
Minimum Voids in the Mineral Aggregate (VMA)
Nominal ***Design Air Voids **
Maximum Size*,
mm (inches)
3.5% 4.0% 4.5%
37.5 (1½) 11.5 12.0 12.5
25.0 (1) 12.5 13.0 13.5
19.0 (¾) 13.5 14.0 14.5
12.5 (½) 14.5 15.0 15.5
9.5 (⅜) 15.5 16.0 16.5
* The Nominal Maximum Size is defined as one sieve larger than the
first sieve to retain more than 10%.
** Interpolate specified VMA values for design air voids between those
listed.
*** Air Void Criteria: A design air void range of 3.5 to 4.5% with a
target of 4.0% will be used on all mixes. The air void criteria will be
applied to the approval of the design mix.
The Contractor shall prepare a quality control plan outlining the steps taken to minimize segregation of HMA.
This plan shall be submitted to the Engineer and approved prior to beginning the paving operations. When the
Engineer determines that segregation is unacceptable, the paving shall stop and the cause of segregation shall be
corrected before paving operations will be allowed to resume.
The hot mix asphalt top layer shall not contain any reclaimed or recycled asphalt pavement.
Hot mix asphalt for patching shall conform to the gradation requirements for Hot Mix Asphalt (Grading S) (100).
To prevent stripping, a minimum of 1 percent hydrated lime by weight of the combined aggregate shall be added
to the aggregate for all hot mix asphalt.
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REVISION OF SECTION 403
HOT MIX ASPHALT
Acceptance samples shall be taken as per CP-41.
Subsection 403.03 shall include the following:
The Contractor shall construct the work such that all roadway pavement placed prior to the time paving operations
end for the year, shall be completed to the full thickness required by the plans. The Contractor's Progress
Schedule shall show the methods to be used to comply with this requirement.
Delete subsection 403.05 and replace with the following:
403.05 The accepted quantities of hot mix asphalt will be paid for in accordance with subsection 401.22, at the
contract unit price per ton for the bituminous mixture.
Payment will be made under:
Pay Item Pay Unit
Hot Mix Asphalt (Grading SG) (100) (PG 58-28) Ton
Hot Mix Asphalt (Grading S) (100) (PG 64-28) Ton
Aggregate, asphalt recycling agent, additives, hydrated lime, and all other work necessary to complete each hot
mix asphalt item will not be paid for separately, but shall be included in the unit price bid. When the pay item
includes the PG binder grade, the asphalt cement will not be measured and paid for separately, but shall be
included in the work. When the pay item does not include the PG binder grade, asphalt cement will be measured
and paid for in accordance with Section 411. Asphalt cement used in Hot Mix Asphalt (Patching) will not be
measured and paid for separately, but shall be included in the work.
Excavation, preparation, and tack coat of areas to be patched will not be measured and paid for separately, but
shall be included in the work.
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REVISION OF SECTION 412
FAST TRACK PORTLAND CEMENT CONCRETE PAVEMENT
Section 412 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 412.03 and replace with the following:
412.03 Classification. Concrete shall conform to the requirements for Class E Concrete as specified in Section
601, with the concrete compressive strength of 4500 psi at 28 days. Concrete shall meet the requirement of Class
2 exposure to sulfate attack. When the Engineer has determined that the quantity of concrete pavement is too
small to make the use of mechanical equipment practical, the Contractor will be permitted to use AASHTO M 43
Size 57 or 67 aggregate in lieu of coarse aggregate specified in Section 601.
Subsection 412.24(a) shall include the following:
Pay Item Pay Unit
Concrete Pavement (10 inch) (Fast Track) Square Yard
Concrete Pavement (10 inch) (Fast Track) (Colored) Square Yard
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REVISION OF SECTION 608
CONCRETE CURB RAMP
Section 608 of the Standard Specifications is hereby revised for this project as follows:
Subsection 608.01 shall include the following:
This work includes the installation of detectable warnings on concrete curb ramps at the locations shown on the
plans and in accordance with the plans.
Subsection 608.02 shall include the following:
Detectable warnings on curb ramps shall be truncated domes of the dimensions shown on the plans. Domes shall
be prefabricated by the manufacturer as a pattern on concrete or masonry pavers.
Pavers shall meet all Americans with Disabilities Act (ADA) requirements for truncated domes, and when
installed, shall be capable of producing the pattern of domes as shown on the plans.
Pavers shall meet the requirements of ASTM C 902 or ASTM C 936.
Alternate materials may be used, if pre-approved by the Engineer. The Contractor shall submit a sample of the
product, the name of the selected supplier, and documentation that the product meets all contrast requirements and
will be fully compatible with the curb ramp surface to the Engineer for approval prior to start of work. Known
vendors of alternate products include but are not limited to the following:
Vendor Name Product Phone Numbers
TMA Construction Supply
CAST in TACT Warning
Panels
303-295-6050
East Jordan Iron Works, Inc. Truncated Dome Plates 800-626-4653
The domes and the underlying surface shall have a minimum of 70% contrast with the light reflectivity of the
adjoining surface. The contrast shall be verified using the following equation:
100
1
1 2
×
−
=
B
B B
Contrast
Where B1 = Light Reflectance Value (LRV) of the lighter area
B2 = LRV of the darker area
Absolute black and white will not be permitted.
The contrast shall be achieved by adding pigment during the fabrication of the paver. Prior to start of work, the
Contractor shall submit appropriate documentation from the manufacturer verifying that the contrast has been
met, along with a sample paver, to the Engineer for approval.
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REVISION OF SECTION 608
CONCRETE CURB RAMP
Bedding and joint sand shall be free of deleterious or foreign matter. The sand shall be natural or manufactured
from crushed rock. Limestone screenings or stone dust shall not be used. Sand for bedding material shall
conform to ASTM C 33. Sand that is to be placed between joints shall conform to ASTM C 144.
Subsection 608.03 shall include the following:
(g) Detectable Warnings. Pre-fabricated pavers for detectable warnings shall be brought to the site in steel
banded, plastic banded or plastic wrapped cubes capable of being transported by a fork lift or clamp lift.
Pavers shall be carefully removed and stacked in a manner which results in the least amount of damage. All
pavers that are damaged during transport or delivery will be rejected and shall be replaced at the Contractor’s
expense. Minor cracks or chipping due to transport and handling that do not interfere with the structural
integrity of the paver or the overall pattern of truncated domes will not be deemed as grounds for rejection.
The Contractor shall spread the bedding sand evenly in the area defined and shall screed the sand to an
appropriate embedment depth as shown on the plans or as directed by the Engineer. Sufficient sand should be
placed to stay ahead of laid pavers
Pavers shall be placed in a running bond pattern. Domes shall be aligned to create a square grid in the
predominant direction of travel as shown in the plans. Pavers shall be installed such that the base of the
truncated dome is at the same elevation as the adjoining surface, allowing for a smooth transition between the
curb ramp and the detectable warning.
When cut pavers are required to fill gaps between the pavers and the edge of concrete, the Contractor shall
bevel portions of the truncated domes at a 45-degree angle to create a smooth transition between the partial
dome and the curb ramp surface. Unless otherwise directed by the Engineer, pavers shall be cut and installed
in such a manner that the domes on the cut sections will not significantly impact the overall pattern of the
truncated domes.
The Contractor shall use a plate vibrator to embed the pavers into the sand. The size and type of plate
vibrator shall be in accordance with manufacturer’s recommendations, or as directed by the Engineer. All
pavers that are damaged during embedment shall be replaced at the Contractor’s expense.
Joint spacing between paver units shall be in accordance with the manufacturer’s recommendations, or as
approved by the Engineer. Joints shall be filled completely with joint sand. Excess sand shall be removed by
sweeping.
(h) Alternate products. Alternate materials shall be installed in accordance with manufacturer’s
recommendations.
The concrete surface to which alternate materials are to be applied shall be prepared in accordance with
manufacturer’s recommendations. Material requirements, color and application shall be in accordance with
manufacturer’s recommendations and as approved by the Engineer.
Subsection 608.05 shall include the following:
Detectable warnings on curb ramps, including sand, pavers, alternate materials, and all other work and materials
necessary for fabrication, transport, and installation will not be measured and paid for separately, but shall be
included in the work.
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REVISION OF SECTION 625
CONSTRUCTION SURVEYING
Section 625 of the Standard Specifications is hereby revised for this project as follows:
Subsection 625.01 is hereby revised to include the following:
The City of Fort Collins will provide all construction survey staking for the project.
All survey staking required for this project shall be requested by the Contractor in writing at least five (5)
working days prior to the staking needs to be placed in the field. This notification period may be reduced
by the Engineer during periods of ongoing construction staking.
The Contractor shall specify the offsets required for each survey item. This information shall be provided
at the pre-construction meeting.
All survey staking destroyed by the Contractor, vandalism or by any other reason will be replaced at the
Contractor’s expense. The Contractor’s designated representative will be required to authorize any
requested re-staking or additional services at the time the services are completed. Services designated as
extra will be billed at an hourly rate per the prevailing rate schedule of the surveyor.
All existing survey monuments and property corner located outside of the project grading limits as
defined on the plans that are damaged or destroyed by the Contractor will be replaced at the Contractor’s
expense.
All existing survey monuments and property corners located within the project grading limits which are
intended to remain in place and intact as defined on the plans shall be protected by the Contractor. Where
necessary monuments, property corners, and section corners will be adjusted or replaced by the City for
this project.
1. Control
Location of horizontal and vertical control points will be provided at approximately 1000-foot
intervals. Monuments will be set outside the limits of construction.
2. Easements and Right of Way
Temporary construction easements (TCE) and those portions of right of way between TCE’s will
be staked at 100 foot intervals on tangents, PCs, 50 foot intervals on curves, angle points and
corner points.
3. Excavation and Embankment
a. One set of slope stakes at 50-foot intervals (stations) on each side of the proposed road
including intersections. Staking information to include cut/fill for
• “limit of cut” or “limit of fill” location
• decision point (ditch flowline or grade break)
• edge of pavement
• roadway centerline
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REVISION OF SECTION 625
CONSTRUCTION SURVEYING
b. One set of shoulder and/or curb stakes at 50-foot stations on each side of the road including
intersections.
c. One set of slope or shoulder stakes for the grading of each driveway and field access.
d. Ditch grades shall be defined by the slope staking described above.
4. Storm Drainage
One set of offset stakes for each storm drain pipe and inlets.
5. Utility Crossing
One set of offset stakes for the utility conduit crossings.
6. Subgrade and Paving
a. One set of blue top subgrade stakes at 50-foot stations on tangents, PCs and PT’s after
completion of the subgrade preparation. Stakes to be set at 25-foot stations for horizontal
curves with a radius less than 1,000 feet and at all vertical curves. Blue tops will be set on
centerline and the edge of pavement on both sides of the roadway. These blue tops will
remain in place to be used for the aggregate base course or paving operations.
7. Signs
One set of stakes to locate each sign.
8. Delineators
No survey will be provided. The Contractor shall install delineators as specified in the plans.
9. Striping
City of Fort Collins will provide layout of all temporary pavement striping for the Contractor.
10. Mailboxes, Newspaper Boxes and Address Posts
No survey will be provided. The Contractor shall reset all mailboxes, newspaper boxes and
address posts per agreement with the property owner and approval by the Engineer.
11. Property Corners and Section Corners
Reset property corners located along the right of way and section corners within the project
grading limits.
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REVISION OF 627
PAVEMENT MARKING
Section 627 of the Standard Specifications is hereby revised for this project as follows:
Subsection 627.01 shall include the following:
The City of Fort Collins will furnish and install all permanent pavement markings and signing for the project.
The Contractor is required to coordinate with the City for the completion of the work.
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FORCE ACCOUNT ITEMS
DESCRIPTION
This special provision contains the estimate for force account items included in the Contract. The estimated
amounts marked with an asterisk will be added to the total bid to determine the amount of the performance and
payment bonds. Force Account work shall be performed as directed by the Engineer.
BASIS OF PAYMENT
Payment will be made in accordance with subsection 109.04. Payment will constitute full compensation for all
work necessary to complete the item.
Force account work valued at $5,000 or less, that must be performed by a licensed journeyman in order to comply
with federal, state, or local codes, may be paid for after receipt of an itemized statement endorsed by the
Contractor.
Estimated
Force Account Item Quantity Amount
F/A Minor Contract Revisions 1 F.A. $10,000*
F/A Fuel Cost Adjustment 1 F.A. $ 1,500
F/A On-the-Job Trainee 0 Hour $ 0
F/A OJT Colorado Training Program 1 F.A. $ 150
F/A Erosion Control 1 F.A. $ 1,000
Force Account Item Descriptions:
F/A Minor Contract Revisions payment are for contract adjustments authorized through contract modification
orders.
F/A On-the-Job Trainee payment is made for on-the-job trainee used on this project.
F/A OJT Colorado Training Program payment is made for cost of maintaining on-the-job training program in
compliance with the provisions of On-The-Job Training in the Standard Special Provisions.
F/A Erosion Control payment is for any unforeseen storm water issues that require erosion control but not
included elsewhere in the plans or specifications. The work shall be approved by the Engineer prior to purchasing
and placing any erosion control items. If justification is not proven before implementation, payment will not be
made.
F/A Fuel Cost Adjustment is for any unforeseen increases or decreases in the prices of gasoline and diesel fules
from those in effect during the month in which bids were received for the Contract.
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TRAFFIC CONTROL PLAN – GENERAL
The key elements of the Contractor's method of handling traffic (MHT) are outlined in subsection 630.09.
The components of the TCP for this project are included in the following:
• City of Fort Collins Work Area Traffic Control Handbook, Manual of Uniform Traffic Control
Devices (U.S. Department of Transportation), or applicable statutory requirements of authority
having jurisdiction. Fort Collins Handbook takes precedence over Manual of Uniform Traffic
Control Devices.
• Section 630 of the specifications.
• Revision of Sections 100, 104, and 108 of these Project Specifications.
• Standard Plan S-630-1, Traffic Controls for Highway Construction, Case 11 and 18, and Standard
Plan S-630-2.
• Signing and Striping Plans
Special Traffic Control Plan requirements for this project are as follows:
A. The Contractor shall submit his own detailed Traffic Control Plan for the work for approval by the
Owner. The submittal shall be made at least two weeks before implementation of any element of the
plan. Adjustments to the approved plan may be required by the Owner based on actual traffic operation.
B. No work interfering with traffic flow on Lemay Avenue or Mulberry Street shall be permitted during the
hours of 7:00 AM to 8:30 AM or from 3:30 PM to 5:30 PM unless authorized in writing by the Traffic
Engineer.
C. Closures of City streets will not be allowed.
D. Lane closures on Lemay Avenue or Mulberry Street shall be allowed as approved by the City of Fort
Collins Traffic Engineer. During all phases of construction a minimum of one lane in each direction shall
remain open on Lemay Avenue or Mulberry Street. No overnight lane closure is permitted unless
authorized in writing by the Traffic Engineer.
E. The Contractor shall maintain pedestrian and bicycle movements through the project site and the
surrounding trails. The Traffic Control plan shall address the method of handling these movements.
F. The Contractor shall, at all times, provide for emergency vehicle access into and through the construction
site.
G. Keep traffic areas free of excavated material, construction equipment, pipe, and other materials and
equipment.
H. Keep fire hydrants and water control valves free from obstruction and available for use at all times.
I. Conduct operations in a manner to avoid unnecessary interference with public and private roads and
drives.
J. Provide and maintain continual temporary access for businesses and residences.
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TRAFFIC CONTROL PLAN – GENERAL
K. Roadway Usage Between Operations – At all times when work is not actually in progress, Contractor
shall make passable and shall open to traffic such portion s of the project and temporary roadways or
portions thereof as may be agreed upon between Contractor and Owner and all authorities having
jurisdiction over any properties involved.
L. The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time,
unless directed.
M. The Contractor shall coordinate Traffic Control activities with the City of Fort Collins Traffic
Engineering and Electric Departments to assure that work activities by those departments are coordinated
with the Contractor’s activities. At the least 48 hours notice is required.
N. The Contractor shall maintain 12’lanes throughout the project.
O. The Contractor shall provide a flagger for equipment, trucks, or other pertinent construction equipment
entering or leaving the construction area into traffic at all times.
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UTILITIES
The following Utilities are known to be within the project limits:
Utility/Agency Contact Phone
Sanitary Sewer – City of Fort Collins Roger Buffington (970) 221-6854
Water – City of Fort Collins Roger Buffington (970) 221-6854
Storm Water – City of Fort Collins Glen Schlueter (970) 224-6065
Electric – City of Fort Collins Doug Martine (970) 224-6152
Forester – City of Fort Collins Ralph Zentz (970) 221-6302
Lighting - City of Fort Collins Doug Martine (970) 224-6152
Telephone - Qwest Lindon Spencer (970) 377-6411
Traffic Operations – City of Fort Collins Ward Stanford (970) 221-6820
The work described in these plans and specifications will require full coordination between the Contractor and the
Utility Companies, in accordance with Subsection 105.06 and while performing their respective operations, so the
utility work can be completed with minimum delays to all parties concerned.
The following utility work shall be performed by the Contractor:
The Contractor shall be responsible for coordinating the adjustment of all utilities on this project and scheduling
the work to coincide with construction activities.
The Contractor shall keep each utility company advised of any work being done to their facilities by the
contractor’s forces, so that each utility company can coordinate their inspections for final acceptance with the
Engineer.
Provide written notice to each utility company, with a copy to the Engineer, prior to any work by a utility
company that is to be coordinated with project construction. A minimum of three (3) calendar weeks of prior
notice is required. Contractor to obtain necessary permits form the City and utility companies prior to starting
construction activities.
If needed, or as directed by the Engineer, the Contractor shall provide traffic control for any utility work to be
coordinated with the project’s construction, in accordance with an approved Method of Handling Traffic
(MHT). Payment to be made via contract bid item(s).
The Contractor shall coordinate with the City of Fort Collins Water, when resetting valves, CP test station, and
adjustment of manhole.
The Contractor shall also coordinate with the City of Fort Collins Traffic Department regarding the protection and
adjustment of traffic signal equipment.
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UTILITIES
The following utility work shall be performed by the Utility Company or their agents:
Water – City of Fort Collins: Removal and capping of fire hydrant, and reset CP test station.
Traffic Operations – City of Fort Collins: Resetting of traffic control boxes
General
The Contractor shall comply with Article 1.5 of Title 9, CRS (“Excavation Requirements”), when excavation or
grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at
least three (3) business days prior to commencing such operations. Contact the Utility Notification Center of
Colorado (UNCC) to have locations of UNCC-registered lines marked by member companies. Call 1-800-922-
1987 for locate requests outside the Denver Metro area. All other underground facilities shall be located by
contacting the respective company. Utility service laterals shall also be located prior to beginning excavation or
grading.
The location of utility facilities, as shown on the plans and profile sheets and described herein, 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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Standard Special Provisions CDOT Project No. AQC M455-070
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Standard
Special
Provisions
Lemay Avenue Right Turn Lane At Mulberry Street August 2007
Standard Special Provisions CDOT Project No. AQC M455-070
CDOT Subaccount No. 15153
COLORADO DEPARTMENT OF TRANSPORTATION
CITY OF FORT COLINS, COLORADO
LEMAY AVENUE RIGHT TURN LANE AT MULBERRY STREET
STANDARD SPECIAL PROVISIONS
Date No. of Pages
Revision of Section 101 – Falsework, Formwork, and Shoring (Nov. 30, 2006) 1
Revision of Section 104 – Value Engineering Change Proposals (August 1, 2005) 5
Revision of Section 105 – Conformity to the Contract (April 12, 2007) 1
Revision of Section 105 – Disputes and Claims for Contract Adjustments (August 1, 2005) 7
Revision of Section 105 – Violation of Working Time Limitation (August 1, 2005) 1
Revision of Section 106 – Certificates of Compliance and Certified Test Reports (June 29, 2006) 1
Revision of Sections 106 and 601 – Concrete Sampling and Pumping (June 7, 2007) 2
Revision of Section 107 – Project Safety Planning (August 1, 2005) 3
Revision of Section 107 – Responsibility for Damage Claims, Insurance Types
and Coverage Limits (August 1, 2005) 2
Revision of Section 107 – Ton-Mile Taxes (April 12, 2007) 1
Revision of Section 108 – Payment Schedule (October 11, 2006) 1
Revision of Section 109 – Fuel Cost Adjustment (Nov. 30, 2006) 2
Revision of Section 109 – Measurement of Quantities (August 1, 2005) 1
Revision of Section 203 – Embankment (April 7, 2006) 2
Revision of Section 208 – Storm Drain Inlet Protection (June 29, 2006) 1
Revision of Section 212 – Seeding Seasons (April 12, 2007) 1
Revision of Section 401 – Longitudinal Joints (October 13, 2005) 1
Revision of Section 412 – Concrete Pavement Joints (August 1, 2005) 1
Revision of Section 412 – Portland Cement Concrete Finishing (April 12, 2007) 1
Revision of Section 601 – Forms & Framework (Nov. 30, 2006) 1
Revision of Sections 601, 606, 608, 609 and 618 – Concrete Finishing (April 12, 2007) 1
Revision of Sections 601 and 701 – Structural Concrete (October 19, 2006) 6
Revision of Sections 614 and 630 – Retroflective Sign Sheeting (Sept. 2, 2005) 1
Revisionf of Section 627 – Pavement Marking (April 12, 2007) 2
Revision of Section 630 – Construction Zone Traffic Control (April 7, 2006) 1
Revision of Section 630 – Method of Handling Traffic (April 7, 2006) 1
Revision of Section 630 – NCHRP 350 Requirements (August 2, 2007) 1
Revision of Section 630 – Payment for Construction Traffic Control Devices (June 7, 2007) 1
Revision of Section 630 – Portable Sign Storage (August 1, 2005) 1
Revision of Section 702 – Bituminous Materials (June 29, 2006) 9
Affirmative Action Requirements – Equal Employment Opportunity (August 1, 2005) 10
Disadvantaged Business Enterprise – Definitions and Requirements (Dec. 8, 2005) 12
Minimum Wages Colorado, U.S. Department of Labor General Decision
Numbers CO20070014 and CO20070015 MOD 2,
Highway Construction, Statewide (August 3, 2007) 9
On the Job Training (April 12, 2007) 5
Required Contract Provisions – Federal-Aid Construction Contracts (August 1, 2005) 10
November 30, 2006
REVISION OF SECTION 101
FALSEWORK, FORMWORK AND SHORING
Section 101 of the Standard Specifications is hereby revised for this project as follows:
Add subsection 101.89 as follows:
101.89 Falsework. Falsework is temporary construction used to support structural elements of concrete, steel,
masonry or other materials during their construction or erection until they become self-supporting. Falsework
may also be used to provide temporary support to elements of a structure during demolition or reconstruction.
Add subsection 101.90 as follows:
101.90 Formwork. Formwork is the temporary structure or mold used to retain plastic or fluid concrete in its
designated shape until it hardens.
Add subsection 101.91 as follows:
101.91 Shoring. Shoring is temporary construction that is used to support the earth adjacent to excavation or
embankment.
August 1, 2005
1
REVISION OF SECTION 104
VALUE ENGINEERING CHANGE PROPOSALS
Section 104 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 104.07 and replace with the following:
104.07 Value Engineering Change Proposals by the Contractor. The Contractor is encouraged to develop
and offer proposals for improved construction techniques, alternative materials and other innovations. Proposals
must provide a project comparable to the CDOT's original design either at lower cost or improved quality, or both.
No proposals will be accepted that lowers the quality of the intended project. Bid prices shall not be based on the
anticipated approval of a Value Engineering Change Proposal (VECP). Proposals shall be submitted only by the
successful bidder after contract award. If a VECP is rejected, the work shall be completed in accordance with the
Contract at contract bid prices. Any delay to the project due to a VECP submittal and review shall be considered
within the Contractor’s control and will be non-excusable with the exception of those delays that are approved as
part of the VECP.
Proposals shall be categorized as VECP (Category A) or VECP (Category B).
VECP (Category A)s will be all proposals that involve the design and construction of a structure including but not
limited to a bridge, retaining wall, concrete box culvert, or building. A VECP (Category A) will also include any
proposal that would result in a change of original bid items that totals over $250,000. Alternatives investigated and
not selected in the project Structural Selection Reports may be presented in a VECP, if significant benefits can be
demonstrated to the Engineer. In addition, any design criteria and constraints listed in the Structural Selection
Report can not be modified or relaxed as part of a VECP unless significant and previously unknown benefits can
be proven to the Engineer. Experimental or demonstration-type design concepts, products, structures, or
elements that have not been pre-approved by CDOT, in writing, for general use will be considered a VECP
(Category A). Category A proposals will also result in a realized and shared cost savings to CDOT. Cost savings
generated to the Contract as a result of VECP offered by the Contractor and accepted by the CDOT shall be
shared between the Contractor and the CDOT.
All other VECPs that do not meet the previous requirements will be classified as a VECP (Category B).
Net cost savings on VECPs that are less than $25,000 can be kept by the Contractor. Net cost savings greater
than $25,000 shall be split equally between the Contractor and CDOT as defined in the Basis of Payment section
of this specification.
Both VECP (Category A) and VECP (Category B) will produce savings to the CDOT or provide improved project
quality without impairing essential functions and characteristics of the facility. Essential functions include but are
not limited to: service life, requirements for planned future development, prior commitments to governmental
agencies or the public, corridor requirements, economy of operation, ease of maintenance, desired appearance,
safety, and impacts to the traveling public or to the environment during and after construction.
The Contractor may submit either a full VECP or a preliminary Conceptual VECP, followed by a full proposal.
These proposals are subject to rejection at any time if they do not meet the criteria outlined in this subsection.
(a) Submittal of Conceptual Proposal. For a VECP (Category A) that requires a significant amount of design or
other development resources, the Contractor may submit an abbreviated Conceptual Proposal for preliminary
evaluation. The Engineer will evaluate the information provided. The Contractor will then be advised in writing
if any conditions or parameters of the Conceptual Proposal are found to be grounds for rejection. Preliminary
review of a conceptual proposal reduces the Contractor's risk of subsequent rejection but does not commit
the CDOT to eventual approval of the full VECP. The following information shall be submitted for each
Conceptual Proposal:
August 1, 2005
2
REVISION OF SECTION 104
VALUE ENGINEERING CHANGE PROPOSALS
(1) Statement that the proposal is submitted as a Conceptual VECP
(2) General description of the difference between the existing Contract and the proposed change, and the
advantages and disadvantages of each, including effects on service life, requirements for planned future
development, prior commitments to governmental agencies or the public, corridor requirements,
economy of operation, ease of maintenance, desired appearance, safety, and impacts to the traveling
public or to the environment during and after construction. The Contractor shall request in writing the
necessary information from the Engineer.
(3) One set of conceptual plans and a description of proposed changes to the Contract specifications
(4) Estimate of the anticipated cost savings or increase
(5) Statement specifying the following:
(i) when a response to the conceptual proposal from the CDOT is required to avoid delays to the
existing contract prosecution
(ii) the amount of time necessary to develop the full Proposal
(iii) the date by which a Contract Modification Order must be executed to obtain maximum benefit from
the Proposal
(iv) the Proposal’s impact on time for completing the Contract
(b) Submittal of Full Value Engineering Change Proposal. The following materials and information shall be
submitted for both a Category A and VECP (Category B):
(1) A statement that the proposal is submitted as a VECP:
(2) A description of the difference between the existing Contract and the proposed change, and the
advantages and disadvantages of each, including effects on service life, requirements for planned future
development, prior commitments to governmental agencies or the public, corridor requirements,
economy of operation, ease and cost of maintenance, desired appearance, safety, and impacts to the
traveling public or to the environment during and after construction. . The Contractor shall request in
writing the necessary information from the Engineer.
(3) A complete set of plans and specifications showing the proposed revisions relative to the original
Contract. This portion of the submittal shall include design notes and construction details. The proposed
plans and specifications shall be signed and sealed by the Contractor's Engineer.
(4) A cost comparison, summarizing all of the items that the proposed VECP replaces, reduces, eliminates,
adds, or otherwise changes from the original Contract work, including all impacts to traffic control,
detours and all other changes. The cost comparison shall not include cost savings resulting from
purportedly decreased inspection or testing requirements, or CDOT overhead; All costs and proposed
unit prices shall be documented by the Contractor.
(5) A statement specifying the date by which a Contract Modification Order must be executed to obtain the
maximum cost reduction during the remainder of the Contract and the date when a response from the
CDOT is required to avoid delays to the prosecution of the Contract.
August 1, 2005
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REVISION OF SECTION 104
VALUE ENGINEERING CHANGE PROPOSALS
(6) A statement detailing the effect the Proposal will have on the time for completing the Contract.
(7) A description of any previous use or testing of the proposed changes and the conditions and results. If
the Proposal was previously submitted on another CDOT project, the proposal shall indicate the date,
Contract number, and the action taken by the CDOT.
(8) An estimate of any effects the VECP will have on other costs to the CDOT.
(9) A statement of life cycle costs, when appropriate. Life cycle costs will not be considered as part of cost
savings but shall be calculated for additional support of the Proposal. A discount rate of four percent shall
be used for life cycle calculations.
(c) Evaluation. VECP will be evaluated by CDOT in accordance with the CDOT Construction Manual.
Additional information needed to evaluate Proposals shall be provided in a timely manner. Untimely submittal
of additional information will result in rejection of the Proposal. Where design changes are proposed, the
additional information shall include results of field investigations and surveys, design and computations, and
changed plan sheets required to develop the design changes.
1. The Engineer will determine if a Proposal qualifies for consideration and evaluation. The Engineer may
reject any Proposal that requires excessive time or costs for review, evaluation, or investigation. The
Engineer may reject proposals that are not consistent with the CDOT’s design and criteria for the project.
2. VECP, whether or not approved by the CDOT, apply only to the ongoing Contracts referenced in the
Proposal and become the property of the CDOT. Proposals shall contain no restrictions imposed by the
Contractor on their use or disclosure. The CDOT has the right to use, duplicate and disclose in whole or
in part any data necessary for the utilization of the Proposal. The CDOT retains the right to utilize any
accepted Proposal or part thereof on other projects without obligation to the Contractor. This provision is
subject to rights provided by law with respect to patented materials or processes.
3. If the CDOT is already considering revisions to the Contract or has approved changes in the Contract
that are subsequently proposed in a VECP, the Engineer will reject the Proposal and may proceed to
implement these changes without obligation to the Contractor.
4. The Contractor shall have no claim against the CDOT for additional costs or delays resulting from the
rejection or untimely acceptance of a VECP. These costs include but are not limited to: development
costs, loss of anticipated profits, increased material or labor costs, or untimely response.
5. Proposals will be rejected if equivalent options are already provided in the Contract.
6. Proposals that only reduce or eliminate contract pay items will be rejected.
7. The cost savings and other benefits generated by the Proposal must be sufficient to warrant review and
processing, as determined by the Engineer.
8. A proposal changing the type or thickness of the pavement structure will be rejected.
9. No VECP proposal can be used to alter incentive and disincentive rates and maximums on A+B
projects.
August 1, 2005
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REVISION OF SECTION 104
VALUE ENGINEERING CHANGE PROPOSALS
10. Right of Way cannot be bought as part of a VECP to eliminate phasing on a project.
11. A VECP changing the design of a structure may be considered by the CDOT, if the design meets the
following conditions:
(1) The design shall not involve detouring of traffic onto local roads or streets to an extent greater than
the original plans, unless previously approved by the affected local agencies
(2) The design has the same roadway typical section as the original plans
(3) The design meets or exceeds the benefits of the construction-handling or traffic phasing scheme
shown in the original plans
(4) The design meets or exceeds all environmental commitments and permit requirements of the
original Contract.
(5) The design shall not increase environmental impacts beyond those of the original Contract.
(6) The design meets or exceeds the vertical and horizontal clearances and hydraulic requirements
shown in the original plans
(7) The design has the same or greater flexibility as the original design to accommodate future widening
(8) The design shall not change the location of the centerline of the substructure elements, without
demonstrating substantial benefits over the original plans
(9) The design shall not change the grade or elevation of the final riding surface, without demonstrating
substantial benefits over the original plans
(10) The design shall match corridor future development plans, architectural, aesthetic and pavement
requirements, if applicable
(11) The design shall not adversely impact the CDOT’s Bridge Inspection, maintenance or other long-
term costs or operations.
(12) The design shall meet all CDOT design standards and policies
(13) The design shall include all additional costs and coordination necessary to relocate utilities
(14) Major structure designs provided by the Contractor shall include an independent plan review and
design check by a Professional Engineer registered in the State of Colorado and employed by a firm
other than the engineer-of-record. This design review will be performed at no additional cost to
CDOT and shall be included in the Contractor’s engineering costs.
(15) The Contractor shall provide CDOT with all design calculations, independent design check
calculations, a rating package for each bridge prepared in accordance with the current CDOT Bridge
Rating Manual, and a record set of quantity calculations for each structure.
12. The Engineer will reject all or any portion of the design or construction work performed under an
approved VECP if unsatisfactory results are obtained. The Engineer will direct the removal of such
rejected work and require construction to proceed under the original Contract requirements without
reimbursement for work performed under the proposal, or for its removal.
If a structure design VECP meets these and all other requirements, the CDOT may, at its sole option,
accept or reject the proposal.
(d) Basis of Payment. If the VECP is accepted, a Contract Modification Order will authorize the changes and
payment. Reimbursement will be made as follows:
August 1, 2005
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REVISION OF SECTION 104
VALUE ENGINEERING CHANGE PROPOSALS
1. The changes will be incorporated into the Contract by changes in quantities of unit bid items, new
agreed unit price items, lump sum or any combination, as appropriate, under the Contract. Unless there
is a differing site condition as described in subsection 104.02, the Contractor shall not receive additional
compensation for quantity overruns, design errors, supplemental surveys, geotechnical investigations,
additional items or other increases in cost that were not foreseen in the accepted VECP, unless
otherwise approved by the Engineer.
2. For all VECPs, the incentive payment shall be calculated as follows:
(gross cost of deleted work) - (gross cost of added work) = (gross savings)
(gross savings) - (Contractor’s engineering costs) - (CDOT‘s engineering costs) = (net savings)
Any net savings less than $25,000 can be kept by the contractor.
If the net savings are greater than $25,000 then the amount over $25,000 will be shared equally with
CDOT and calculated as follows:
(net savings)- $25,000 = shared savings
Contractor’s total incentive = (shared savings) /2 + $25,000
The Contractor’s engineering costs will be reimbursable only for outside consultant costs that are
verified by certified billings. CDOT’s engineering costs shall be actual consultant costs billed to CDOT
and extraordinary in-house personnel labor costs. These labor costs will be calculated at the fixed
amount of $50.00 per hour per employee. Project personnel assigned to the field office or who work on
the project on a regular basis shall not be included in CDOT’s portion of the cost.
3. At the completion of the VECP design work, the Contractor shall furnish the CDOT any additional
documentation such as surveys, geotechnical reports, documentation or calculations and shop
drawings required to complete the work.
At the completion of the project, the Contractor shall furnish the CDOT with PE-stamped Record sets,
and As-Constructed plans showing the VECP work.
(e) Contractor Appeal Process. Appeals can only be made on VECP (Category A)s. The Prime Contractor
submitting the VECP may file a one-time appeal to the Region Transportation Director (RTD) on the denial of
any VECP (Category A). The Contractor must have a valid reason for the appeal and the decision of the
Region Transportation Director will be final.
April 12, 2007
REVISION OF SECTION 105
CONFORMITY TO THE CONTRACT
Section 105 of the Standard Specifications is hereby revised for this project as follows:
Subsection 105.03 shall include the following, after the first paragraph:
All Hot Mix Asphalt (HMA) and Stone Matrix Asphalt (SMA) materials or work will be evaluated for conformity
to the Contract in accordance with subsection 105.05 except HMA that is used for patching and temporary
pavement.
In subsection 105.03 (c), delete the Table of Price Reduction Factors and replace with the following:
TABLE OF PRICE REDUCTION FACTORS
Element Factor “F”
100 percent size sieve 1
12.5 mm (½”) sieve and larger 1
150 µm (No. 100) sieve to 9.5 mm (3/8”) sieve inclusive
(except 100 percent size sieve)
3
75 µm (No. 200) sieve 6
75µm (No. 200) sieve (cover coat material) 25
Liquid Limit 3
Plasticity Index 10
Asphalt penetration 1
Asphalt residue 3
Portland Cement Concrete Pavement Fine Aggregate Sand
Equivalent
0.3
Hydrated Lime Gradation 0.3
Toughness, inch-pounds, minimum 0.8
Tenacity, inch-pounds, minimum 0.8
Elastic Recovery, 25 °C, percent minimum 1.25
Ductility, 4 °C (5cm/min) cm, minimum 1.25
In subsection 105.03 (c), delete the seventh paragraph, including the table of the multiplier for price reductions,
and replace with the following:
If the P for aggregate gradation for Items 206, 304, or the gradation of hydrated lime for item 403 is 3 or greater
the reduction will apply to the contract price multiplied by the Multipliers (M) listed in the following table:
MULTIPLIER FOR PRICE REDUCTIONS FOR MISCELLANEOUS ITEMS
Item Number-Name Element Multiplier (M)
206- Structural Backfill Gradation 0.60
304-Aggregate Base Course Gradation 0.60
403-Hot Mix Asphalt* Hydrated Lime Gradation 0.60
* The P value for hydrated lime shall be applied to the price of the HMA item when asphalt cement is not paid for
separately. Lime gradation P values will not be combined with Pay Factors for other elements.
August 1 2005
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:
Subsection 105.21(i)2., second paragraph shall include the following:
The CDOT modified version of AAA's Construction Industry Arbitration Rules shall be as follows:
August 1, 2005
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
CONSTRUCTION INDUSTRY ARBITRATION RULES of the AMERICAN ARBITRATION ASSOCIATION
AS MODIFIED FOR USE WITH CDOT SPECIFICATION SUBSECTION 105.21
April 27, 1997
Regular Track
R-1 Agreement of Parties
The parties shall have been deemed to have made these rules a part of their arbitration agreement whenever they have provided for
arbitration by the American Arbitration Association (hereinafter AAA) or under its Construction Industry Arbitration Rules. These rules and
any amendment of them shall apply in the form obtaining at the time the demand for arbitration or submission agreement is received by the
AAA.
R-2 Name of Tribunal
Any tribunal constituted by the parties for the settlement of their dispute under these rules shall be called the Construction Industry
Arbitration Tribunal.
R-3 Administrator and Delegation of Duties
When parties agree to arbitrate under these rules, or when they provide for arbitration by the AAA and an arbitration is initiated under these
rules, they thereby authorize the AAA to administer the Arbitration. The authority and duties of the AAA are prescribed in the agreement of
the parties and in these rules, and may be carried out through such of the AAA’s representatives as it may direct.
R-4 National Roster of Neutrals
In cooperation with the National Construction Dispute Resolution Committee, the AAA shall establish and maintain a National Roster of
Construction Neutrals and shall appoint arbitrators as provided in these rules.
R-5 Regional Offices
The AAA may, in its discretion, assign the administration of an arbitration to any of its regional offices.
R-6 Initiation under an Arbitration Provision in a Contract
Arbitration under an arbitration provision in a contract shall be initiated in the following manner:
The initiating party (hereinafter claimant) shall, within the time period specified in the contract(s), give written notice to the other party
(hereinafter respondent) of its intention to arbitrate (demand), which notice shall contain a statement setting forth the nature of the dispute,
the amount involved, if any, the remedy sought, and the hearing locale requested.
R-9 Preliminary Matters
Administrative Conference
At the request of any party or at the discretion of the AAA, an administrative conference with the AAA and the parties and/or their
representatives will be scheduled in appropriate cases to expedite the arbitration proceedings.
Preliminary Hearing
At the request of any party or at the discretion of the arbitrator or the AAA, a preliminary hearing with the parties and/or their
representatives and the arbitrator may be scheduled by the arbitrator to specify the issues to be resolved, to stipulate to uncontested facts,
to establish a schedule for hearings, and to consider any other matters that will expedite the arbitration proceedings.
With the consent of the parties, the AAA at any stage of the proceeding may arrange a mediation conference under the Construction
Industry Mediation Rules. The mediation shall proceed in advance of the arbitration unless the parties agree otherwise. The mediator
August 1, 2005
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
shall not be an arbitrator appointed to the case, unless otherwise agreed by the parties. Where the parties to a pending arbitration agree
to mediate under AAA’s rules, no additional administrative fee is required to initiate the mediation.
R-10 Exchange of Information
Consistent with the expedited nature of arbitration, the arbitrator may direct (I) the production of documents and other information, and (ii)
the identification of any witnesses to be called. At least two 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 information.
R-12 Qualification of an Arbitrator
Any arbitrator appointed pursuant to Section R-13, or selected by mutual choice of the parties or their appointees, shall be subject to
disqualification for the reasons specified in Section R-19. If the parties specifically so agree in writing the arbitrator shall not be subject to
disqualification for those reasons.
The term “arbitrator” in these rules refers to the arbitration Roster of Neutrals, whether composed of one or more arbitrators and whether
the arbitrators are neutral or party appointed.
R-13 Appointment from Roster
If the parties have not appointed an arbitrator and have not provided any other method of appointment, the arbitrator shall be appointed in
the following manner: immediately after the filing of the submission, the AAA shall send simultaneously to each party to the dispute an
identical list of names of persons chosen from the Roster of Neutrals.
Each party to the dispute shall have ten 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 AAA. In a single-arbitrator case, each party may strike three names on a peremptory basis.
In a multi-arbitrator case, each party may strike five names on a peremptory basis. 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 AAA shall invite the acceptance of an arbitrator to serve. If the parties fail
to agree on any of the persons named, or if acceptable arbitrators are unable to act, or if for any other reason the appointment cannot be
made from the submitted lists, the AAA shall have the power to make the appointment from among other members of the Roster of
Neutrals without the submission of additional lists.
R-18 Notice to Arbitrator of Appointment
Notice of the appointment of the arbitrator, whether appointed mutually by the parties, or by the AAA, shall be sent to the arbitrator by the
AAA, together with a copy of these rules, and the signed acceptance of the arbitrator shall be filed with the AAA prior to the opening of the
first hearing.
R-19 Disclosure and Challenge Procedure
Any person appointed as arbitrator shall disclose to the AAA any circumstance likely to affect impartiality, including any bias or any
financial or personal interest in the result of the arbitration or any past or present relationship with the parties or their representatives. Upon
receipt of such information from the arbitrator or another source, the AAA shall communicate the information to the parties and, if it deems
it appropriate to do so, to the arbitrator and others. Upon objection of a party to the continued service of an arbitrator, the AAA shall
determine whether the arbitrator should be disqualified and shall inform the parties of its decision, which shall be conclusive.
R-20 Vacancies
If for any reason an arbitrator is unable to perform the duties of the office, the AAA may, on proof satisfactory to it, declare the office
vacant. Vacancies shall be filled in accordance with the applicable provisions of these rules.
In the event of a vacancy in a panel of arbitrators after the hearings have commenced, the remaining arbitrator or arbitrators may continue
with the hearing, unless the parties agree otherwise.
August 1, 2005
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
R-21 Date, Time, and Place of Hearing
The arbitrator shall set the date, time, and place for each hearing. The AAA shall send a notice of hearing to the parties at least ten days in
advance of the hearing date, unless otherwise agreed by the parties.
R-24 Interpreters
Any party wishing an interpreter shall make all arrangements directly with the interpreter and shall assume the costs of the service
R-25 Attendance at Hearings
The arbitrator 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 other person.
R-26 Postponements
The arbitrator for good cause shown may postpone any hearing upon the request of a party or upon the agreements of all parties, or upon
the arbitrator’s own initiative.
R-27 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-28 Majority Decision
All decisions of the arbitrators must be by a majority. The recommendation must be made by a majority unless the concurrence of all is
expressly required by the arbitration agreement or by law.
R-29 Order of Proceedings and Communications with Arbitrator
A hearing shall be opened by the filing of the oath of the arbitrator.
The Claimant shall first present evidence to support its claim. The Respondent party shall then present evidence supporting its defense.
Witnesses shall submit to questions or other examination. The arbitrator has the discretion to vary this procedure and shall afford a full and
equal opportunity to all parties to be heard. Exhibits, when offered by either party, may be received in evidence by the arbitrator.
The arbitrator shall control the proceedings with a view to expediting the resolution of the dispute. In order to expedite the proceedings the
arbitrator may control the order of proof, bifurcate proceedings, exclude cumulative or irrelevant testimony or evidence, and direct the
parties to focus the presentation of evidence on decisive issues. The arbitrator shall entertain motions, including motions that dispose of all
or part of a claim, or that may expedite the proceedings.
There shall be no direct communication between the parties and an arbitrator other than at the hearing, unless the parties and the
arbitrator agree otherwise. Any other oral or written communication from the parties to the arbitrator shall be directed to the AAA for
transmittal to the arbitrator.
R-30 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. A recommendation 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 a recommendation.
August 1, 2005
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
R-31 Evidence and Claim Record
CDOT will provide one copy of the claim record for each arbitrator and one copy for the AAA administrative staff.
The parties may offer such evidence as is relevant and material to the dispute and shall produce such evidence as the arbitrator may deem
necessary to an understanding of the dispute and recommendation.
The arbitrator shall be the judge of the relevance and materiality of the evidence offered, and conformity to legal rules of evidence shall not
be necessary. 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:
1) any of the parties is absent, in default, or has waived the right to be present, or
2) the parties and the arbitrators agree otherwise
R-32 Evidence by Affidavit
The arbitrator may receive and consider the evidence of witnesses by affidavit, but shall give it only such weight as the arbitrator deems it
is entitled to after consideration of any objection made to its admission.
R-33 Inspection or Investigation
An arbitrator finding it necessary to make an inspection or investigation in connection with the arbitration shall advise the parties by notice
transmitted at the hearing or through the AAA of the date and time. Any party who so desires may be present at such an inspection or
investigation.
R-35 Closing of a Hearing
When satisfied that the presentation of the parties is complete, the arbitrator shall declare the hearing closed.
R-37 Waiver of Oral Hearing
The parties may provide, by written agreement, for the waiver of oral hearings. If the parties agree to waive oral hearings after the
appointment of the arbitrator, the consent of the arbitrator must be obtained.
R-38 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-39 Extensions of Time
The parties may modify any period of time by mutual agreement. The AAA or the arbitrator may, for good cause, extend any period of time
established by these rules, except the time for making the recommendation. The AAA shall notify the parties of any extension.
R-41 Time of Recommendation
The recommendation shall be made promptly by the arbitrator and, unless otherwise agreed by the parties or specified by law, no later
than 30 days from the date of closing the hearing, or, if oral hearings have been waived, from the date of the AAA’s transmittal of the final
statements and proofs to the arbitrator.
R-42 Form of Recommendation
The recommendation shall be in writing and shall be signed by a majority of the arbitrators. The arbitrators shall provide a concise, written
breakdown and explanation of the recommendation. If the arbitrators do not agree, the dissenting arbitrator shall also submit a written
recommendation.
August 1, 2005
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
R-44 Modification of Recommendation
Within twenty (20) days after the transmittal of a recommendation, any party, upon notice to the other parties, may request the arbitrator to
correct any clerical, typographical, technical or computational errors in the recommendation. The arbitrator is not empowered to re-
determine the merits of any claim already decided.
The other parties shall be given ten (10) days to respond to the request. The arbitrator shall dispose of the request within twenty (20) days
after transmittal by the AAA to the arbitrator of the request and any response thereto.
If applicable law provides a different procedural time frame, that procedure shall be followed.
R-46 Delivery of Recommendation to Parties
Parties shall accept as legal delivery of the recommendation the placing of the recommendation or a true copy thereof in the mail
addressed to a party or its representative at the last known address, personal service of the recommendation, or filing of the
recommendation in any other manner that is permitted by law.
R-47 Release of Documents for Judicial Proceedings
The AAA shall, upon written request of a party, furnish to the party, at its expense, certified copies of any papers in the AAA’s possession
that may be required in judicial proceedings related to the arbitration.
R-48 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 AAA nor any arbitrator in a proceeding under these rules is a necessary party in judicial proceedings relating to the
arbitration.
(c) Neither the AAA nor any arbitrator shall be liable to any party for any act or omission in connection with any arbitration conducted under
these rules.
R-49 Administrative Fees
As a not-for-profit organization, the AAA 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.
R-50 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, AAA 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, unless they agree otherwise.
R-51 Neutral Arbitrator’s Compensation
Arbitrators shall charge a rate consistent with the arbitrator’s stated rate of compensation, beginning with the first day of hearing.
If there is a disagreement concerning the terms of compensation, an appropriate rate will be established with the arbitrator by the
Association and confirmed to the parties.
Any arrangement for the compensation of a arbitrator shall be made through the AAA and not directly between the parties and the
arbitrator.
August 1, 2005
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
R-52 Deposits
The AAA 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 unexpected balance at
the conclusion of the case.
R-53 Interpretation and Application of Rules
The arbitrator shall interpret and apply these rules insofar as they relate to the arbitrator’s powers and duties. When there is more than one
arbitrator and a difference arises among them concerning the meaning or application of these rules, it shall be decided by a majority vote.
If that is not possible, either an arbitrator or a party may refer the question to the AAA for final decision. All other rules shall be interpreted
and applied by AAA.
Administrative Fee Schedule
The administrative fees of the AAA are based on the amount of the claim. Arbitrator compensation is not included in this schedule.
Filing Fee
A nonrefundable filing fee is payable in full when a claim is filed. The fee will be paid by CDOT and one half will be charged to the
contractor by them. The filing fee rate schedule is as follows:
Amount of Claim Filing Fee Hearing Fee Postponement Fee
$20,000 to $50,000 $750 $150 $150
Above $50,000 to $100,000 $1,250 $150 $150
Above $100,000 to $250,000 $2,000 $150 $150
Above $250,000 to $500,000 $3,500 $250 $250
Above $500,000 to $1,000,000 $5,000 $250 $250
Above $1,000,000 to $5,000,000 $7,000 $250 $250
As indicated above, when no amount can be stated at the time of filing, the minimum filing fee is $2,000, subject to change when the claim
is disclosed.
For any case having three or more arbitrator’s, the minimum filing fee is $2,000, the hearing fee is $250 per party, and postponement fee is
$250.
The administrative fee for claims in excess of $5,000,000 will be negotiated.
When a claim is not for a monetary amount, an appropriate filing fee will be determined by the AAA.
Postponement/Cancellation Fees
The postponement fees indicated above are payable by the party causing a postponement or cancellation of any schedule hearing.
Hearing Room Rental
The Hearing Fees described above do not cover the rental of hearing rooms, which are available on a rental basis. Check with the
administrator for availability and rates.
August 1, 2005
- 1 -
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.
June 29, 2006
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 item (11) of the list following the first paragraph and replace with the following:
(11) The following certification, signed by a person having legal authority to act for the Contractor:
I hereby certify under penalty of perjury that the material listed in this Certificate of Compliance
represents __________ (quantity and units) of pay item __________ (pay item number and
Description) that will be installed on project number __________________.
_________________________ __________________
Contractor Date
In subsection 106.12, delete the second paragraph and replace with the following:
The original Certificate of Compliance shall include the Contractor’s original signature as directed above, and the
original signature (including corporate title), under penalty of perjury, 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 tested, and the samples have passed all specified tests. One copy or facsimile 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. Failure to comply may result in delays to the
project or rejection of the materials.
In subsection 106.13, delete item (11) of the list following the first paragraph and replace with the following:
(11) The following certification, signed by a person having legal authority to act for the Contractor:
I hereby certify under penalty of perjury that the material listed in this Certified Test Report
represents __________ (quantity and units) of pay item __________ (pay item number and
Description) that will be installed on project number __________________.
_________________________ __________________
Contractor Date
In subsection 106.13, delete the second paragraph and replace with the following:
The original Certified Test Report shall include the Contractor’s original signature as directed above, and the
original signature (including corporate title), under penalty of perjury, 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 tested, and the samples have passed all
specified tests. One copy or facsimile of the fully signed Certified Test Report 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. Failure to comply may result in delays to the project or rejection of the materials.
June 7, 2007
1
REVISION OF SECTIONS 106 AND 601
CONCRETE SAMPLING AND PUMPING
Sections 106 and 601 of the Standard Specifications are hereby revised for this project as follows:
In subsection 106.03, delete the fifth paragraph and replace with the following:
Samples will be taken by the Department except that the Contractor shall take samples of Portland
Cement Concrete in accordance with CP 61; samples of asphalt cement, in accordance with AASHTO T
40; hot mix asphalt, in accordance with CP 41 and a composite of aggregates for hot bituminous
mixtures, in accordance with CP 30. The Engineer will determine the sampling locations, and the samples
shall be taken in the presence of the Engineer. The Contractor may retain a split of each sample.
Delete subsection 601.08 and replace with the following:
601.08 Air Content Adjustment. When a batch of concrete delivered to the project does not conform to
the minimum specified air content, an air entraining admixture conforming to subsection 711.02 may be
added in accordance with subsection 601.17. After the admixture is added, the concrete shall be re-
mixed for a minimum of 20 revolutions of the mixer drum at mixing speed. The concrete will then be re-
tested by QC.
Subsection 601.12(d) shall include the following:
The Contractor shall not use pipes, chutes, troughs, spouts, or tremies that are fabricated of aluminum
materials for pumping, conveying, or placing concrete.
Subsection 601.12(g) shall include the following:
When concrete is placed by pumping, the pumping equipment shall be thoroughly cleaned prior to
concrete placement. Excess form release agent shall be removed from the hopper. The pump shall be
primed at the Contractor’s expense by pumping and discarding enough concrete to produce a uniform
mix exiting the pump. At least 0.25 cubic yard of concrete shall be pumped and discarded to prime the
pump. Water shall not be added directly into the concrete pump hopper after placement has commenced.
If water is added to the concrete pump hopper, all concrete in the concrete pump hopper and the line
shall be discarded and the pump re-primed at the Contractor’s expense.
The pump operator shall have a valid operator’s certification from the American Concrete Pumping
Association. Boom pumps shall have a current Concrete Pump Manufacturers Association’s CPMA27-
2000 certification. Equipment added to the pump shall meet the pump manufacturer’s specifications.
The Contractor shall submit the specifications of the pumping equipment and the qualifications of the
operator to the Engineer for review at least two weeks prior to pumping concrete. Equipment and
operators rejected by the Engineer shall be replaced at the Contractor’s expense.
The pump shall be operated so that a continuous stream of concrete is produced. The pump equipment
shall use a minimum of one of the following to maintain concrete uniformity:
(1) A 360 degree loop immediately prior to the delivery end of the pump line.
(2) A minimum one inch reducer installed at the entry to the delivery hose.
(3) A minimum one inch reducing delivery hose.
(4) A cable attached to the pump boom creating a minimum 90 degree bend in the steel braded
flexible hose. The point of discharge from the flexible hose at the end of the boom shall be at or
above the lowest point of the bend.
(5) On horizontal pours a 10-foot minimum horizontal delivery system placed on the deck.
(6) Other approved methods.
June 7, 2007
2
REVISION OF SECTIONS 106 AND 601
CONCRETE SAMPLING AND PUMPING
Metal pump lines or couplings shall not rest directly on epoxy coated reinforcing steel.
The point of discharge of the pump shall be as close to the bridge deck elevation as possible.
Subsection 601.17 shall include the following:
The Contractor shall sample 601 pay items for both QC and QA in accordance with CP 61. The Engineer
will witness the sampling and take possession of the QA samples at a mutually agreed upon location.
Delete subsection 601.17(a) and replace with the following:
(a) Air Content. The first three batches at the beginning of production shall be tested by QC and QA for
air content. When air content is below the specified limit, it may be adjusted in accordance with
subsection 601.08. Successive batches shall be tested by QC and witnessed by the Engineer until
three consecutive batches are within specified limits. After the first three batches, CDOT will follow
the random minimum testing schedule. Air content shall not be adjusted after a QA test.
At any time during the placement of the concrete, when a QA test on a batch deviates from the
minimum or maximum percent of total air content specified, the following procedure will be used to
analyze the acceptability of the concrete.
1. A batch that deviates from the specified air content by more than 1 percent and all Class D, DT,
HT and H concrete placed in bridge decks with air content exceeding 8 percent will be rejected.
Portions of loads incorporated into structures prior to determining test results which indicate
rejection as the correct course of action shall be subject to acceptance at reduced price, no
payment, or removal as determined by the Engineer.
2. A batch that deviates from the specified air content by 1 percent or less may be accepted at a
reduced price using Table 601-3.
August 1, 2005
1
REVISION OF SECTION 107
PROJECT SAFETY PLANNING
Section 107 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 107.06 and replace with the following:
107.06. Safety, Health, and Sanitation Provisions.
(a) Contractor Responsibilities. The Contractor shall ensure compliance with applicable Federal, State, and local
laws, rules, regulations, and guidelines governing safety, health and sanitation, including but not limited to the
Project Safety Management Plan (Plan) described below, the Occupational Safety and Health Act, 29 CFR
1910, 29 CFR 1926, Mine Safety and Health Administration (MSHA), Title 30 CFR, the “Colorado Work Zone
Best Practices Safety Guide”, national consensus standards, and the Drug-Free Workplace Act (Public Law
100-690 Title V, subtitle D, 41 USC 701 et seq.). The Contractor shall provide all safeguards, safety devices,
and protective equipment, and shall take all other actions necessary to protect the life, safety and health of
persons working at or visiting the project site, and of the public and property in connection with the
performance of the work covered by the Contract. In the case of conflicting requirements, the more stringent
of the requirements shall apply. The Contractor shall require that all operations and work practices by
Contractor, subcontractors, suppliers, and Department personnel comply with the provisions of the Plan.
(b) Safety Officer. Prior to the start of construction, the Contractor shall designate a Safety Officer and an
alternate, who shall be responsible for the coordination of safety activities, and preparation and
implementation of the Plan.
(c) Competent Persons. Prior to the start of construction, the Contractor shall designate at least one competent
person for each of the construction activities being completed. Construction activities and safety
considerations that must be addressed shall include, but are not limited to: lead abatement, hearing
protection, respiratory protection, rigging, assured grounding, scaffolding, fall protection, cranes, trenching
and excavating, steel erection, underground construction (including caissons and cofferdams), demolition,
blasting and the use of explosives, stairways and ladders, asbestos, and confined space. The appropriate
competent persons shall be present on the project site at all times during construction activities. A competent
person is an individual who, by way of training, experience, or combination thereof, is knowledgeable of
applicable standards, is capable of identifying existing and predictable workplace hazards relating to a
specific construction activity, is designated by the employer, and has authority to take appropriate actions.
(d) Project Safety Management Plan. Prior to the start of construction, the Contractor shall prepare a written
Project Safety Management Plan (Plan) which shall be specific to the project. The Plan shall include:
(1) Designation of a Safety Officer and an alternate, and competent persons for each construction activity
as described above.
(2) A list of all significant and/or high-risk construction activities and safety considerations as described
above, and a hazard assessment for each.
(3) Direction as to whether engineering, administrative, personal protection measures, training, or a
combination thereof, shall be implemented to address the hazards identified in (2) above.
(4) Provisions for field safety meetings. The Contractor shall conduct field safety meetings at the
frequency specified in the Plan, once per week at a minimum. The Contractor shall encourage
participation by all persons working at the project site. Participants at these meetings shall discuss
specific construction activities for that work period, results from safety inspections, required personal
protective equipment, and all other necessary safety precautions.
(5) Provisions for project safety meetings. The Contractor shall conduct project safety meetings to discuss
accidents, incidents, safety goals, near misses, and results of safety inspections. The Contractor shall
notify the Engineer of the time, date, and location of these meetings, shall require participation by all
persons (including Department personnel) working at the project site, and shall track attendance
through sign-up lists.
(6) Procedures for assuring compliance by subcontractors, suppliers, and authorized visitors to the project.
In addition, the Plan shall specify the measures that will be taken to discourage unauthorized personnel
from entering the site.
August 1, 2005
2
REVISION OF SECTION 107
PROJECT SAFETY PLANNING
(7) Procedures to be followed in cases where workers are suspected of drug or alcohol impairment.
(8) Provisions for project safety inspections. The Contractor shall conduct regular project safety
inspections at the frequency specified in the Plan, once per month at a minimum. The Contractor shall
maintain documentation on the project site, including the date of these inspections, the findings, and the
corrective measures taken to address the findings.
(9) Procedures to be followed to correct violations of the Plan by any personnel.
(10) The notification, investigation, and implementation procedures that the Contractor shall follow in the
case of a safety stand down.
(11) The Contractor’s certification as follows:
By authorized signature below, (Contractor name), hereinafter referred to as 'the Contractor', hereby
certifies that this Project Safety Management Plan (Plan) complies with and meets applicable Federal,
State, and local laws, rules, regulations and guidelines governing safety, health and sanitation,
including but not limited to the Occupational Safety and Health Act, 29 CFR 1910, 29 CFR 1926, Mine
Safety and Health Administration (MSHA), Title 30 CFR, the “Colorado Work Zone Best Practices
Safety Guide”, national consensus standards, and the Drug-Free Workplace Act (Public Law 100-690
Title V, subtitle D, 41 USC 701 et seq.). All operations and work practices of the Contractor will comply
with this Plan. The Contractor requires that all subcontractors, suppliers and Department personnel
comply with this Plan.
_______________________________________________________
(Signature of Contractor’s Safety Officer or alternate)
_______________________________________________________
Title
_______________________________________________________
Date
The Contractor shall submit the Plan to the Engineer for the project records, and shall provide updates to the
Plan as necessary. An up-to-date copy of the Plan shall be on the project site in the Contractor’s possession
at all times.
(e) Project Safety & Health Requirements. All personnel on the project site shall wear the following personal
protective equipment (PPE) at all times when in the State Highway Right of Way, except when in their
vehicles:
(1) Head protection and high visibility apparel, reflectorized for night use, and footwear, all of which shall
comply with the latest appropriate national consensus standards.
(2) All other PPE that is stipulated by the Plan. All PPE shall comply with the latest appropriate national
consensus standards.
(f) Safety Stand-Down. The Engineer may immediately suspend all or part of any work in the case of an accident
(including property damage), or catastrophe (three or more persons hospitalized in a single incident), or other
situation presenting an imminent danger to life or health, such as a near miss, violation of the Plan, and/or
presence of a hazardous situation. In the case of a worksite fatality directly related to the Contractor’s or any
subcontractor’s work operations, the safety stand-down shall be mandatory. In the case of a traffic fatality
unrelated to a work-zone incident in the opinion of the Engineer, the safety stand-down will not be mandatory.
During any mandatory safety stand-down due to a fatality, all work on the project shall cease, except that
work deemed necessary by the Engineer to immediately correct unsafe conditions. The Contractor shall be
allowed to resume operations only after providing documentation, certified by the Safety Officer or alternate,
regarding the corrective actions taken to prevent recurrence. The Contractor may be granted a non-
compensable, excusable delay, up to three days, for the period of time during which no work was pursued
due to each safety stand-down.
August 1, 2005
3
REVISION OF SECTION 107
PROJECT SAFETY PLANNING
(g) Regulatory Enforcement Actions. The Contractor shall provide written notifications of all Regulatory agency
actions relating to safety to the Engineer.
All costs associated with the preparation and implementation of the Plan, and complying with all safety, health,
and sanitation provisions and requirements will not be measured and paid for separately, but shall be included in
the work.
August 1, 2005
1
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 and replace with the following:
107.15 Responsibility for Damage Claims, Insurance Types and Coverage Limits. The Contractor shall
indemnify and save harmless the Department, its officers, and employees, from suits, actions, or claims of any
type or character brought because of any and all injuries or damage received or sustained by any person,
persons, or property on account of the operations of the Contractor; or failure to comply with the provisions of the
Contract; or on account of or in consequence of neglect of the Contractor in safeguarding the work; or through
use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct
of the Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or
copyright, unless the design, device, material or process involved is specifically required by the Contract; or from
any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order,
or decree. The Department may retain as much of any moneys due the Contractor under any Contract as may be
determined by the Department to be in the public interest.
(a) The Contractor shall obtain, and maintain at all times during the term of this Contract, insurance in the
following kinds and amounts:
(1) Workers’ Compensation Insurance as required by state statute, and Employer’s Liability Insurance
covering all of Contractor’s employees acting within the course and scope of their employment.
(2) Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent,
covering premises operations, fire damage, independent Contractors, products and completed
operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as
follows:
(i) $1,000,000 each occurrence;
(ii) $2,000,000 general aggregate;
(iii) $2,000,000 products and completed operations aggregate; and
(iv) $50,000 any one fire.
(v) Completed Operations coverage shall be provided for a minimum period of one year following final
acceptance of work.
If any aggregate limit is reduced below $1,000,000 because of claims made or paid, the Contractor shall
immediately obtain additional insurance to restore the full aggregate limit and furnish to CDOT a
certificate or other document satisfactory to CDOT showing compliance with this provision.
(3) Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos) with a
minimum limit as follows: $1,000,000 each accident combined single limit.
(4) Professional liability insurance with minimum limits of liability of not less than $1,000,000 Each Claim and
$1,000,000 Annual Aggregate for both the Contractor or any subcontractors when:
(i) Contract items 625, 629, or both are included in the Contract
(ii) Plans, specifications, and submittals are required to be signed and sealed by the Contractor’s
Professional Engineer, including but not limited to:
(A) Shop drawings and working drawings as described in subsection 105.02
(B) Mix Designs
August 1, 2005
2
REVISION OF SECTION 107
RESPONSIBILITY FOR DAMAGE CLAIMS,
INSURANCE TYPES AND COVERAGE LIMITS
(C) Contractor performed design work as required by the plans and specifications
(D) Change Orders
(E) Approved Value Engineering Change Proposals
(iii) The Contractor and any included subcontractor shall renew and maintain Professional Liability
Insurance as outlined above for a minimum of one year following final acceptance of work.
(5) Umbrella or Excess Liability Insurance with minimum limits of $1,000,000. This policy shall become
primary (drop down) in the event the primary Liability Policy limits are impaired or exhausted. The Policy
shall be written on an Occurrence form and shall be following form of the primary. The following form
Excess Liability shall include CDOT as an additional insured.
(b) CDOT shall be named as additional insured on the Commercial General Liability and Automobile Liability
Insurance policies. Completed operations additional insured coverage shall be on endorsements CG 2010
11/85, CG 2037, or equivalent. Coverage required of the contract will be primary over any insurance or self-
insurance program carried by the State of Colorado.
(c) The Insurance shall include provisions preventing cancellation or non-renewal without at least 30 days prior
notice to CDOT by certified mail.
(d) The Contractor will require all insurance policies in any way related to the contract and secured and
maintained by the Contractor to include clauses stating that each carrier will waive all rights of recovery,
under subrogation or otherwise, against CDOT, its agencies, institutions, organizations, officers, agents,
employees and volunteers.
(e) All policies evidencing the insurance coverages required hereunder shall be issued by insurance companies
satisfactory to CDOT.
(f) The Contractor shall provide certificates showing insurance coverage required by this contract to CDOT prior
to execution of the contract. No later than 15 days prior to the expiration date of any such coverage, the
Contractor shall deliver CDOT certificates of insurance evidencing renewals thereof. At any time during the
term of this contract, CDOT may request in writing, and the Contractor shall thereupon within ten days supply
to CDOT, evidence satisfactory to CDOT of compliance with the provisions of this section.
(g) Notwithstanding subsection 107.15(a), if the Contractor is a “public entity” within the meaning of the Colorado
Governmental Immunity Act CRS 24-10-101, et seq., as amended (“Act’), the Contractor shall at all times
during the term of this contract maintain only such liability insurance, by commercial policy or self-insurance,
as is necessary to meet its liabilities under the Act. Upon request by CDOT, the Contractor shall show proof
of such insurance satisfactory to CDOT. Public entity Contractors are not required to name CDOT as an
Additional Insured.
(h) When the Contractor requires a subcontractor to obtain insurance coverage, the types and minimum limits of
this coverage may be different than those required, as stated above, for the Contractor, except for the
Commercial General Liability Additional Insured endorsement and those that qualify as needing Professional
Liability Insurance.
April 12, 2007
REVISION OF SECTION 107
TON-MILE TAX
Section 107 of the Standard Specifications is hereby revised for this project as follows:
In subsection 107.02, delete the third paragraph.
October 11, 2006
REVISION OF SECTION 108
PAYMENT SCHEDULE
Section 108 of the Standard Specifications is hereby revised for this project as follows:
Add subsection 108.031, immediately following subsection 108.03, which shall include the following:
108.031 Payment Schedule. The Contractor shall prepare a payment schedule which shall show the dollar
amount of work the Contractor expects to complete by the progress estimate date each month for the duration of
construction. The schedule shall cover the period from the commencement of work to the expected completion
date as shown on the Contractor’s progress schedule. The payment schedule may be prepared using standard
spreadsheet software such as MS Excel and submitted in electronic format. A sample MS Excel format is
available from the Engineer.
(a) Initial Payment Schedule. The Contractor shall submit the initial payment schedule at the preconstruction
conference. The payment schedule shall consist of two parts: (1) a tabulation, and (2) a bar chart.
1. Part 1. Part 1 shall be a tabulation which shows:
(1) the salient features listed in the Contractor’s progress schedule
(2) the dollar amount of work in each salient feature expected to be completed by each month’s progress
estimate date
(3) the dollar amount of all other work not included in the salient features expected to be completed by
each month’s progress estimate date
(4) the total dollar amount of work expected to be completed by each month’s progress estimate date
The amounts shown shall include planned force account work and expected incentive payments.
2. Part 2. Part 2 shall be a bar chart which shows the expected total dollar amount of work to be completed
by each month’s progress estimate date.
(b) Payment Schedule Updates. Once each month the Contractor shall submit a payment schedule update to the
Engineer. The schedule update shall be in the same two part format as the initial schedule and shall be
submitted to the Engineer by the first day of each month. In each payment schedule update, estimated
monthly dollar amounts shall be revised to match actual progress payments made to the Contractor to date.
Each payment schedule update shall show corrected dollar amounts of work to be completed each month
through the expected completion date as shown on the Contractor’s progress schedule.
(c) Failure to Submit Payment Schedule. If the Contractor fails to submit the initial payment schedule or a
payment schedule update by the required date, the Engineer will withhold further progress payments until
such time as the Contractor has submitted a current payment schedule.
November 30, 2006
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 price adjustments will be made to reflect increases or decreases in the prices
of gasoline, diesel and other fuels from those in effect during the month in which bids were received for the
Contract. When bidding, the Contractor shall specify on the Form 85 whether the price 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 price 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. Price adjustments will be based on the fuel price index established by the Department on the first working
day of each month. The index will be the rate posted by the Oil Price Information Service (OPIS) on the
first working day of the month 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. Price adjustments will be paid on a monthly basis with the following conditions:
A. Payment will be based on the pay quantities on the monthly partial pay estimate for the following pay
items for which fuel factors have been established:
Item Fuel Factor (FF)
202-Removal of Asphalt Mat (Planing) 0.006 Gal/SY/Inch depth
203-Excavation (muck, unclassified), Embankment, Borrow, 0.29 Gal/CY
203-Excavation (rock) 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)]
0.29 Gal/CY
304-Aggregate Base Course (if ABC is paid for by the CY) (if
ABC is paid for by the ton, convert to CY by multiplying the
quantity in tons by 0.557)
0.85 Gal/CY
307-Lime Treated Subgrade 0.12 Gal/SY
310-Full Depth Reclamation 0.06 Gal/SY
403-Hot Mix Asphalt (HMA) 2.47 Gal/Ton
403-Stone Mastic Asphalt 2.47 Gal/Ton
405-Heating and Scarifying Treatment 0.44 Gal/SY
406-Cold Bituminous Pavement Recycle 0.01 Gal/SY/Inch depth
412-Portland Cement Concrete Pavement 0.03 Gal/SY/Inch thickness
B. A price 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.
Price adjustments may be either positive or negative dollar amounts.
C. No fuel price adjustments will be made for any partial estimate falling wholly after the expiration of
contract time.
November 30, 2006
2
REVISION OF SECTION 109
FUEL COST ADJUSTMENT
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 = Fuel price index for the month in which bids are opened
EP = Fuel price index for the 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 they 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.
E. No adjustment will be allowed for the quantity of any item that is left in place at no pay.
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 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.
August 1, 2005
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, following paragraph 15, add the following:
The Engineer will randomly verify the accuracy of the certified weigher on every project where the weights are
manually entered on the scale ticket. This verification will consist of at least one comparison check on the
project. Additional verification checks may be required as determined by the Engineer. The Engineer will
randomly select a loaded truck after the truck has been issued a scale ticket by the certified weigher. The loaded
truck will then be reweighed, in the presence of the Engineer, on the same scale and the weight compared with the
weight on the scale ticket. Reweighed loads shall be within the tolerance of 200 pounds plus or minus.
The Engineer will also verify the accuracy of computerized scales. Computerized scales are scales that
automatically print weights on the scale ticket. This verification will consist of at least one comparison check
when the project requires more than 2500 tons of material to be weighed. This comparison check shall be made
by reweighing a loaded vehicle. The Contractor shall either provide a second certified scale or select a second
certified scale in the vicinity to be used for the comparison check. Comparison checks shall be performed using
the following procedures:
(1) Hopper Scale. A loaded truck will be randomly selected by the Engineer. The loaded truck shall be weighed
on a certified platform scale to record the gross weight. The truck shall be unloaded and weighed again on the
same scale to record the tare weight. The tare weight shall be subtracted from the gross weight and compared
against the net weight recorded on the scale ticket.
(2) Platform Scales. A loaded truck will be randomly selected by the Engineer. The loaded truck shall be
reweighed on a second certified scale and the gross weight shall be compared against the gross weight on the
first scale ticket.
Should a comparison check reveal a weight difference of more than one percent, a second comparison check shall
be performed immediately. If the weight differences of both comparison checks exceed the one percent limit, the
Contractor shall immediately stop weighing and the scale shall be recertified and resealed at the Contractor's
expense. The necessary adjustments as indicated by the recertification will be made to all scale tickets issued
since the last certification or on the entire project, whichever occurred later, unless the Contractor demonstrates to
the satisfaction of the Engineer that the defect in the scale was present for a lesser period of time.
If it is necessary to recertify a scale, and more than 2500 tons of material remain to be weighed, another scale
comparison check shall be made.
All comparison checks shall be made at the Contractor's expense.
April 7, 2006
REVISION OF SECTION 203
EMBANKMENT
Section 203 of the Standard Specifications is hereby revised for this project as follows:
Subsection 203.03 (a) shall include the following:
Embankment imported onto the project will be tested for water soluble sulfates using CP-L 2103 Method B. The
average of three consecutive tests shall not have sulfate content greater than that specified in the plans. No
single test shall have a sulfate content greater than 20 percent of that specified in the plans. A single failing test
shall have the remaining sample split into four equal portions. CDOT Region Lab shall receive one portion, the
Contractor shall receive one portion and the remaining two portions shall go to the CDOT Central lab. The CDOT
Region Lab, CDOT Central Lab and the Contractor’s Lab shall retest the sample. If the results from the three
Labs are within 10 percent of each other, the results will be averaged. The averaged result will be used for
Contract compliance. If the results from the Labs are not within 10 percent of each other, the remaining split
sample will be sent to an independent laboratory for testing using CP-L 2103. The independent laboratory will be
mutually agreed upon by the Department and the Contractor. The Independent Lab’s test result will be used for
Contract compliance.
If the water soluble sulfate content is less than that specified on the plans, CDOT will bear all costs associated
with the independent lab test. If the soluble sulfate content is greater than that specified on the plans, 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.
The Quality Assurance Schedule contained in the 2006 Field Materials Manual shall include the following:
Colorado Department of Transportation
Frequency Guide Schedule for Minimum Materials Sampling, Testing, and Inspection
PROCEDURES
Central Lab
PAY
ITEM
TYPE OF TEST
PROJECT VERIFICATION
SAMPLING & TESTING
FREQUENCY
PROJECT
VERIFICATION
SAMPLING
PROJECT
VERIFICATION
TESTING
REMARKS
POINT OF
VERIFICATION FOR
QUALITY
DETERMINATION
TEST
FREQUENCY
SAMPLE
SIZE
203
- BORROW PIT
WATER-SOLUBLE
SULFATE
1 per 2000 cu yds (1500 m3) or
fraction thereof, minimum of
1 per source
CP 30
CP-L 2103
From uncompacted lift
or stockpile
1 water-soluble
Sulfate test.
Note: Tests can
be performed in the
field or by the
Region Lab if
adequate facilities
and equipment are
available
5 lbs per soil
type.
November 30, 2006
REVISION OF SECTION 208
SILT BERM
Section 208 of the Standard Specifications is hereby revised for this project as follows:
Subsection 208.01 shall include the following:
This work includes the installation of a silt berm, to reduce erosion in temporary ditches, permanent ditches, and
borrow ditches as shown on the plans.
In subsection 208.02, delete (e) and replace with the following:
(e) Silt Berm. Silt berm shall consist of an ultraviolet (UV) stabilized high-density polyethylene, shall be triangular
in shape and shall have the following dimensions:
Width 6 - 11 inches
Height 6 - 10 inches
Weight 0.3 - 1.4 lbs./sq. ft.
Percent Open Area 30 – 50%
In subsection 208.05, delete (g) and replace with the following:
(g) Silt Berm. Prior to installation of silt berms, the Contractor shall prepare the surface of the areas in which the
berms are to be installed such that are they free of materials greater than 2 inches in diameter and are
suitably smooth for the installation of the silt berms, as approved.
Berms shall be secured with 10 to12 inch x 0.375-inch diameter (minimum) spikes. A minimum one spike
per foot shall be installed on both sides of each berm and in accordance with manufacturer’s
recommendations. The Contractor shall install the berm in a manner that will prevent water from going around
or under the silt berm. If silt berms are installed in combination with soil retention blanket, then the silt berms
shall be installed on top of installed blanket.
Subsection 208.07 shall include the following:
Silt berms will be measured by the actual number of linear feet of berm that is installed and accepted.
Subsection 208.08 shall include the following:
Pay Item Pay Unit
Silt Berm Linear Foot
Spikes will not be measured and paid for separately, but shall be included in the work.
When required, soil retention blankets will be measured and paid for in accordance with Section 216.
April 12, 2007
REVISION OF SECTION 212
SEEDING SEASONS
Section 212 of the Standard Specifications is herby revised for this project as follows:
In subsection 212.03 delete the seeding seasons table and replace it with the following:
Zone Spring Seeding Fall Seeding
Areas other than the Western Slope
Below 6000’ Spring thaw to June 1 September15 until consistent
ground freeze
6000’ to 7000’ Spring thaw to June 1 September1 until consistent
ground freeze
7000’ to 8000’ Spring thaw to July 15 August 1 until consistent
ground freeze
Above 8000’ Spring thaw to consistent ground freeze
Western Slope
Below 6000’ Spring thaw to May 1 August 1until consistent
ground freeze
6000’ to 7000’ Spring thaw to June 1 September 1 until consistent
ground freeze
Above 7000’ Spring thaw to consistent ground freeze
October 13, 2005
REVISION OF SECTION 401
LONGITUDINAL JOINTS
Section 401 of the Standard Specifications is hereby revised for this project as follows:
In subsection 401.17, delete the fifth paragraph and replace with the following:
The Contractor shall obtain one 6-inch diameter core at a random location within each longitudinal joint sampling
section for determination of the joint density. The Contractor shall mark and drill the cores at the location directed
by the Engineer and in the presence of the Engineer. The Engineer will take possession of the cores for testing.
The Contractor may take additional cores at the expense of the Contractor. Coring locations shall be centered on
the visible line where the joint between the two adjacent lifts abut at the surface. The center of all joint cores shall
be within ± 1 inch of this visible joint line. Core holes shall be repaired by the Contractor using materials and
methods approved by the Engineer. QC and QA joint coring shall be completed within five calendar days of joint
construction.
Longitudinal joint coring applies to all pavement lifts. When constructing joints in an echelon paving process, the
joints shall be clearly marked to ensure consistent coring location. In small areas, such as intersections, where
the Engineer prescribes paving and phasing methods, the Engineer may temporarily waive the requirement for
joint density testing.
August 1, 2005
REVISION OF SECTION 412
CONCRETE PAVEMENT JOINTS
Section 412 of the Standard Specifications is hereby revised for this project as follows:
Subsection 412.13, first paragraph, shall include the following:
When a joint is sawcut more than 3 inches from the designated location, the pavement shall be removed and
replaced to the nearest correct joints. When portions of concrete pavement are removed and replaced, the
portion removed shall be the full width of the lane and length of the affected slabs. This corrective action shall be
at the Contractor’s expense.
April 12, 2007
REVISION OF SECTION 412
PORTLAND CEMENT CONCRETE FINISHING
Section 412 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 412.12 and replace with the following:
412.12 Finishing. The sequence of operations shall be strike-off and consolidation, floating, and final surface
finish.
Water shall not be added to the surface of the concrete to assist in finishing operations. The surface shall be
finished to a uniform texture, true to grade and cross section, and free from porous areas. When the finishing
machine, either form or slip form, or hand finishing method, leaves a surface that is not acceptable, the operation
shall stop and corrective action shall be taken. Inability of the finish machine to provide an acceptable surface
finish, after corrective action, will be cause for requiring replacement of the finish machine.
Wastewater generated from concrete finishing operations shall be contained and disposed of in accordance with
subsection 107.25.
(a) Hand Finishing. Unless otherwise specified, hand finishing methods will be permitted only when performed
under the direct supervision of a Craftsman holding the following certificate: ACI Concrete Flatwork Finisher
and Technician (ACICFFT) or other Flatwork Finisher certification program approved by the Department. A
minimum of one certified Craftsman is required at each finishing operation. A minimum of one certified
Craftsman is required for each three or fewer finishers (non-certified ACICFFTs) at each operation.
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.
(b) Floating. Hand floating will be permitted only as specified in paragraph (a) above. The Contractor shall not
use floats made of aluminum.
(c) Final Finish. For the final finish a strip of plastic turf shall be dragged longitudinally over the full width of
pavement after a strip of burlap or other approved fabric has been dragged longitudinally over the full width of
pavement to produce a uniform surface of gritty texture.
The plastic turf drag shall be made of material at least 3 feet wide and be maintained in such a condition that
the resultant surface finish is of uniform appearance and reasonably free from grooves over 1/16 inches in
depth. Where more than one layer of burlap drag is used, the bottom layer shall be approximately 6 inches
wider than the layer above. Drags shall be maintained clean and free from encrusted mortar. Drags that
cannot be cleaned shall be discarded and new drags installed.
(d) Tining and Stationing. Where posted speeds are 40 mph or higher, the surface shall be given a longitudinal
metal tine finish immediately following turf drag. Tining is not required where posted speeds are less than 40
mph. Tining shall produce grooves of 1/8 inch x 1/8 inch spaced 3/4 inch apart and parallel to the longitudinal
joint. Longitudinal tining shall stop at the edge of travel lanes. Tining devices shall be maintained clean and
free from encrusted mortar and debris to ensure uniform groove dimensions. The tining finish shall not be
performed too early whereby the grooves may close up.
Before paving the Contractor shall provide in writing a tining plan showing tining locations and describing
methods that will be used for hand tining. Paving shall not commence until the Engineer has approved the
tining plan in writing.
The tining grooves shall be neat in appearance, parallel with the longitudinal joint, uniform in depth and in
accordance with what is shown in the plans and these specifications. Any time that the tining grooves do not
meet these requirements, the concrete paving operation shall be immediately stopped and will not resume
until the problem has been resolved.
Stationing shall be stamped into the outside edge of the pavement, as shown on the plans.
November 30, 2006
REVISION OF SECTION 601
FORMS AND FALSEWORK
Section 601 of the Standard Specifications is hereby revised for this project as follows:
Subsection 601.09 (b) shall include the following:
Forms for the placement of deck concrete or other concrete work associated with structural steel girders shall be
constructed so that any concentrated loads applied to girder webs shall be within 6 inches of a flange or stiffener.
Where loads are applied to steel girder webs, they shall be applied in a manner that will not produce distortion to
the web.
For structural steel girders, temporary struts and ties shall be provided as necessary to resist lateral loads applied
to the girder flanges and to prevent appreciable relative movement between the edge of deck form and the
adjacent steel girder.
In subsection 601.11 (a), delete the first three paragraphs and replace with the following:
(a) General. The Contractor shall be responsible for designing and constructing falsework.
The Contractor’s Engineer shall determine whether falsework is necessary. When the Contractor’s Engineer
determines falsework is unnecessary, the Contractor shall submit a written statement signed by the
Contractor's Engineer so stating. All falsework drawings, including revisions, shall be prepared by the
Contractor's Engineer, shall meet the requirements of subsection 601.11, and shall be provided by the
Contractor to the Engineer for record purposes only. The drawings shall be signed and sealed by the
Contractor’s Engineer. These drawings shall be stamped “Approved for Construction” and signed by the
Contractor prior to providing them to the Engineer. The drawings will not be approved by the Engineer.
In subsection 601.11 (d), delete the second and third paragraphs and replace with the following:
Falsework and formwork for the placement of deck concrete or other concrete work associated with structural
steel girders shall be constructed so that any concentrated loads applied to girder webs shall be within 6 inches of
a flange or stiffener. Where loads are applied to steel girder webs, they shall be applied in a manner that will not
produce distortion to the web.
For structural steel girders, temporary struts and ties shall be provided as necessary to resist lateral loads applied
to the girders and to prevent movement between adjacent steel girders. Where the deck overhang exceeds 1/3 of
the distance between steel girders, bracing shall be provided to prevent rotation of the exterior girder due to the
weight of the overhang falsework and formwork and concrete placement operations. Struts and ties shall also be
provided between interior steel girders to prevent movement between girders. Falsework drawings for bracing,
struts, and ties shall be submitted and conform to the requirements of subsection 601.11(a).
April 12, 2007
REVISION OF SECTIONS 601, 606, 608, 609, AND 618
CONCRETE FINISHING
Sections 601, 606, 608, 609, and 618 of the Standard Specifications are hereby revised for this project as follows:
Subsection 601.12 (a) shall include the following:
Unless otherwise specified, hand finishing methods will be permitted only when performed under the direct
supervision of a Craftsman holding the following certificate: ACI Concrete Flatwork Finisher and Technician
(ACICFFT) or other Flatwork Finisher certification program approved by the Department. A minimum of one
certified Craftsman is required at each finishing operation. A minimum of one certified Craftsman is required for
each three or fewer finishers (non-certified ACICFFTs) at each operation.
Subsection 601.14(a) shall include the following:
The finishing of hardened concrete surfaces shall not require a certified Concrete Flatwork Finisher as described
in subsection 601.12(a).
Subsection 606.04(a), second paragraph, shall include the following:
When hand finishing is allowed, it shall be performed under the supervision of a certified Concrete Flatwork
Finisher in conformance with revised subsection 601.12(a).
Subsection 606.04(b), first paragraph, shall include the following:
All required hand finishing shall be performed under the supervision of a certified Concrete Flatwork Finisher in
conformance with revised subsection 601.12(a).
Subsection 608.03(d), first paragraph, shall include the following:
All required hand finishing shall be performed under the supervision of a certified Concrete Flatwork Finisher in
conformance with revised subsection 601.12(a).
Subsection 609.03 shall include the following:
All required hand finishing shall be performed under the supervision of a certified Concrete Flatwork Finisher in
conformance with revised subsection 601.12(a).
Subsection 618.11(f), first paragraph, shall include the following:
All required hand finishing shall be performed under the supervision of a certified Concrete Flatwork Finisher in
conformance with revised subsection 601.12(a).
October 19, 2006
1
REVISION OF SECTIONS 601 AND 701
STRUCTURAL CONCRETE
Sections 601 and 701 of the Standard Specifications are hereby revised for this project as follows:
Delete subsection 601.02 and replace with the following:
601.02 Classification. The classes of concrete shown in Table 601-1 shall be used when specified in the
Contract.
Table 601-1
CONCRETE TABLE
Concrete
Class
Required Field
Compressive
Strength (psi)
Cementitious
Content: Minimum
or Range (lbs/yd3)
Air Content:
% Range
(Total)
Water Cement
Ratio: Maximum
or Range
B 3500 at 28 days 565 5 - 8 0.50
BZ 4000 at 28 days 610 N/A 0.50
D 4500 at 28 days 615 to 660 5 – 8 0.44
DT 4500 at 28 days 700 5 – 8 0.44
E 4200 at 28 days 660 4 – 8 0.44
H 4500 at 56 days 580 to 640 5 – 8 0.38 - 0.42
HT 4500 at 56 days 580 to 640 5 – 8 0.38 - 0.42
P 4200 at 28 days 660 4 – 8 0.44
S35 5000 at 28 days 615 to 720 5 – 8 0.42
S40 5800 at 28 days 615 to 760 5 – 8 0.40
S50 7250 at 28 days 615 to 800 5 – 8 0.38
Class B concrete is an air entrained concrete for general use. Class D or H concrete may be substituted for
Class B concrete. Additional requirements are: The coarse aggregate shall have a nominal maximum size of 1½
inches or smaller. Approved fly ash may be substituted for portland cement up to a maximum of 20 percent Class
C or 30 percent Class F by weight of total cementitious.
Class BZ concrete is concrete for drilled piers. Additional requirements are: Entrained air is not required unless
specified in the Contract. High range water reducers may be added to obtain desired slump and retardation.
Slump shall be a minimum of 5 inches and a maximum of 8 inches. The concrete mix shall be made with
AASHTO M 43 size No. 67, No. 7 or No. 8 coarse aggregate. Approved fly ash may be substituted for portland
cement up to a maximum of 20 percent Class C or 30 percent Class F by weight of total cementitious.
Class D concrete is a dense medium strength structural concrete. Class H may be substituted for Class D
concrete. Additional requirements are: An approved water reducing admixture shall be incorporated in the mix.
The concrete mix shall be made with AASHTO M 43 sizes No. 57, No. 6 or No. 67 coarse aggregate. When
placed in a bridge deck, the concrete mix shall consist of a minimum 55 percent AASHTO M 43 size No. 67
coarse aggregate by weight of total aggregate. Approved fly ash may be substituted for portland cement up to a
maximum of 20 percent Class C or 30 percent Class F by weight of total cementitious.
Class DT concrete may be used for deck resurfacing and repairs. Class HT may be substituted for Class DT
concrete. Additional requirements are: An approved water reducing admixture shall be incorporated in the mix.
The concrete mix shall consist of a minimum 50 percent AASHTO M 43 size No. 7 or No. 8 coarse aggregate by
weight of total aggregate. Approved fly ash may be substituted for portland cement up to a maximum of 20
percent Class C or 30 percent Class F by weight of total cementitious.
Class E concrete may be used for fast track pavements needing early strength in order to open a pavement to
service soon after placement. Additional requirements are: Type III cement may be used The concrete mix shall
consist of a minimum 55 percent AASHTO M 43 size No. 357 or No. 467 coarse aggregate by weight of total
aggregate. If all transverse joints are doweled, the concrete mix shall consist of a minimum 55 percent AASHTO
M 43 sizes No. 57, No. 6, No. 67, No. 357, or No. 467 coarse aggregate by weight of total aggregate. The
October 19, 2006
2
REVISION OF SECTIONS 601 AND 701
STRUCTURAL CONCRETE
laboratory trial mix must produce an average 28 day flexural strength of a minimum 650 psi. Class E concrete
shall contain a minimum 10 percent to a maximum of 20 percent Class C, or a minimum 10 percent to a maximum
30 percent Class F fly ash by weight of total cementitious.
Class H concrete is used for bare concrete bridge decks that will not receive a waterproofing membrane.
Additional requirements are: An approved water reducing admixture shall be incorporated in the mix. The
concrete mix shall consist of a minimum of 55 percent AASHTO M 43 size No. 67 coarse aggregate by weight of
total aggregate. Class H concrete shall contain cementitious materials in the following ranges: 450 to 500
pounds per cubic yard Type II portland cement, 90 to 125 pounds per cubic yard fly ash and 20 to 30 pounds per
cubic yard silica fume. The total content of Type II portland cement, fly ash and silica fume shall be 580 to 640
pounds per cubic yard. The laboratory trial mix must not exceed permeability of 2000 coulombs at 56 days
(ASTM C 1202) and must not exhibit a crack at or before 14 days in the cracking tendency test (AASHTO PP 34).
Class HT concrete is used as the top layer for bare concrete bridge decks that will not receive a waterproofing
membrane. Additional requirements are: An approved water reducing admixture shall be incorporated in the mix.
The concrete mix shall consist of a minimum of 50 percent AASHTO M 43 size No. 7 or No. 8 coarse aggregate
by weight of total aggregate. Class HT concrete shall contain cementitious materials in the following ranges: 450
to 500 pounds per cubic yard Type II portland cement, 90 to 125 pounds per cubic yard fly ash and 20 to 30
pounds per cubic yard silica fume. The total content of Type II portland cement, fly ash and silica fume shall be
580 to 640 pounds per cubic yard. The laboratory trial mix must not exceed permeability of 2000 coulombs at 56
days (ASTM C 1202) and must not exhibit a crack at or before 14 days in the cracking tendency test (AASHTO
PP 34).
Class P concrete is used in pavements. Additional requirements are: The concrete mix shall consist of a
minimum 55 percent AASHTO M 43 size No. 357 or No. 467 coarse aggregate by weight of total aggregate. If all
transverse joints are doweled, the concrete mix shall consist of a minimum 55 percent AASHTO M 43 sizes No.
57, No. 6, No. 67, No. 357, or No. 467 coarse aggregate by weight of total aggregate. The laboratory trial mix
must produce an average 28 day flexural strength of a minimum 650 psi. Class P concrete shall contain a
minimum 10 percent to a maximum of 20 percent Class C, or a minimum 10 percent to a maximum 30 percent
Class F fly ash by weight of total cementitious. Unless acceptance is based on flexural strength, the total weight
of cementitious shall not be less than 660 pounds per cubic yard. If acceptance is based on flexural strength, the
total weight of cementitious shall not be less than 520 pounds per cubic yard.
Class S35 concrete is a dense high strength structural concrete. Additional requirements are: An approved
water reducing admixture shall be incorporated in the mix. The concrete mix shall be made with AASHTO M 43
sizes No. 57, No. 6, No. 67, No. 7 or No. 8 coarse aggregate. When placed in a bridge deck, the concrete mix
shall consist of a minimum 55 percent AASHTO M 43 size No. 67 coarse aggregate by weight of total aggregate.
Approved fly ash may be substituted for portland cement up to a maximum of 20 percent Class C or 30 percent
Class F by weight of total cementitious.
Class S40 concrete is a dense high strength structural concrete. Additional requirements are: An approved
water reducing admixture shall be incorporated in the mix. The concrete mix shall be made with AASHTO M 43
sizes No. 57, No. 6, No. 67, No. 7 or No. 8 coarse aggregate. When placed in a bridge deck, the concrete mix
shall consist of a minimum 55 percent AASHTO M 43 size No. 67 coarse aggregate. Approved fly ash may be
substituted for portland cement up to a maximum of 20 percent Class C or 30 percent Class F by weight of total
cementitious.
Class S50 concrete is a dense high strength structural concrete. Additional requirements are: An approved
water reducing admixture shall be incorporated in the mix. The concrete mix shall be made with AASHTO M 43
sizes No. 57, No. 6, No. 67, No. 7 or No. 8 coarse aggregate. When placed in a bridge deck, the concrete mix
shall consist of a minimum 55 percent AASHTO M 43 size No. 67 coarse aggregate by weight of total aggregate.
Approved fly ash may be substituted for portland cement up to a maximum of 20 percent Class C or 30 percent
October 19, 2006
3
REVISION OF SECTIONS 601 AND 701
STRUCTURAL CONCRETE
Class F by weight of total cementitious. The laboratory trial mix must not exhibit a crack at or before 14 days in
the cracking tendency test (AASHTO PP 34).
Subsection 601.03 shall include the following:
Where blended hydraulic cement is used the substitution of fly ash for the blended hydraulic cement is not
allowed.
Subsection 601.04 shall include the following:
601.04 Sulfate Resistance. The Contractor shall provide protection against sulfate attack on concrete structures
by providing concrete structures manufactured with requirements according to Table 601-4. The exposure Class
will be stated on the plans. A higher level of requirements may be used for a lower level of exposure.
If the Contractor can provide a test report that shows another class of exposure exists at a structure location, then
the Engineer may accept a concrete mix for that location that meets the corresponding sulfate protection
requirements in addition to other requirements shown in this section.
Table 601-4
REQUIREMENTS TO PROTECT AGAINST DAMAGE TO
CONCRETE BY SULFATE ATTACK FROM EXTERNAL SOURCES OF SULFATE
Severity of
potential
exposure
Water-soluble
sulfate (SO4),
percent, dry soil
Sulfate (SO4) in
water, ppm
Water cement ratio,
maximum
Cementitious material
requirements
Class 0 0.00 to 0.10 0 to 150 0.50 Class 0
Class 1 0.11 to 0.20 151 to 1500 0.50 Class 1
Class 2 0.21 to 2.00 1501 to 10,000 0.45 Class 2
Class 3 2.01 or greater 10,001 or greater 0.40 Class 3
Cementitious material requirements are as follows:
Class 0 requirements shall be one of the following:
(1) ASTM C 150 Type I, II or V
(2) ASTM C 595 Type IP
(3) ASTM C 1157 Type GU
(4) ASTM C 150 Type III cement if it is allowed, as in Class E concrete
Class 1 requirements for sulfate resistance shall be one of the following:
(1) ASTM C 150 Type II or V; Class C fly ash shall not be allowed in the concrete mix
(2) ASTM C 595 Type IP(MS)
(3) ASTM C 1157 Type MS
(4) When ASTM C 150 Type III cement is allowed, as in Class E concrete, it shall have no more than 8 percent
C3A. Class C fly ash shall not be allowed in the concrete mix
Class 2 requirements for sulfate resistance shall be one of the following:
(1) ASTM C 150 Type V with a minimum of a 20 percent substitution of Class F fly ash by weight
(2) ASTM C 150 Type II or III with no more than 0.040 percent expansion at 14 days when tested in accordance
with ASTM C 452 with a minimum of a 20 percent substitution of Class F fly ash by weight
(3) ASTM C 1157 Type HS
(4) A blend of portland cement meeting ASTM C 150 Type II or III with a minimum of 20 percent Class F fly ash
by weight, where the blend has less than 0.05 percent expansion at 6 months or 0.10 percent expansion at 12
months when tested according to ASTM C 1012.
October 19, 2006
4
REVISION OF SECTIONS 601 AND 701
STRUCTURAL CONCRETE
Class 3 requirements for sulfate resistance shall be one of the following:
(1) A blend of portland cement meeting ASTM C 150 Type II, III, or V with a minimum of a 20 percent substitution
of Class F fly ash by weight , where the blend has less than 0.10 percent expansion at 18 months when
tested according to ASTM C 1012.
(2) ASTM C 1157 Type HS having less than 0.10 percent expansion at 18 months when tested according to
ASTM C 1012.
When fly ash is used to enhance sulfate resistance, it shall be used in a proportion greater than or equal to the
proportion tested in accordance to ASTM C1012 and it shall have a calcium oxide content no more than 2.0
percent greater than the fly ash tested according to ASTM 1012.
Delete subsection 601.05 and replace with the following:
601.05 Proportioning. The Contractor shall submit a Concrete Mix Design Report consisting of design mix
proportions, laboratory trial mix and aggregate data for each class of concrete being placed on the project.
Concrete shall not be placed on the project before the Concrete Mix Design Report has been reviewed and
approved by the Engineer. The Concrete Mix Design cannot be approved when the laboratory trial mix data are
the results from tests performed more than two years in the past and aggregate data are the results from tests
performed more than a year in the past. The design mix proportions shall show the weights and sources of all
ingredients including cement, fly ash, aggregates, water, additives and the water cement ratio (w/c). When
determining the w/c, cement (c) shall be the sum of the weight of the cement, the weight of the fly ash and the
weight of silica fume.
The laboratory trial mix data shall include results of the following:
(1) AASHTO T 119 (ASTM C 143) Slump of Hydraulic Cement Concrete.
(2) AASHTO T 121 (ASTM C 138) Weight per Cubic Foot, Yield, and Air Content (Gravimetric) of Concrete.
Air content from AASHTO T 152 (ASTM C 231) Air Content of Freshly Mixed Concrete by the Pressure
Method may be used in lieu of the air content by the gravimetric method in AASHTO T 121 (ASTM C 138).
(3) ASTM C 39 Compressive Strength of Cylindrical Concrete Specimens shall be performed with at least two
specimens at 7 days and three specimens at 28 days. Three additional specimens tested at 56 days shall
be required for Class H and HT concrete.
(4) Class H and HT concrete shall include a measurement of permeability by ASTM C 1202 Electrical
Indication of Concrete's Ability to Resist Chloride Ion Penetration. The concrete test specimens shall be
two 2 inch thick disks sawed from the centers of two molded 4 inch diameter cylinders cured 56 days in
accordance with ASTM C 192 Standard Practice for Making and Curing Concrete Test Specimens in the
Laboratory.
(5) Class H, HT and S50 concrete shall include a measurement of cracking by AASHTO PP 34 Standard
Practice for Estimating the Cracking Tendency of Concrete. The ring shall be cured in an indoor room with
the temperature maintained 65 to 75 °F and relative humidity not exceeding 40 percent.
(6) Class E and P concrete shall include AASHTO T 97 (ASTM C 78) Flexural Strength of Concrete (Using
Simple Beam with Third-Point Loading) performed with two specimens at seven days and four specimens
at 28 days.
Prior to placement of Class E concrete, the Contractor shall provide the Engineer a report of maturity relationships
in accordance with CP 69. The Contractor shall provide maturity meter and all necessary wire and connectors.
The Contractor shall be responsible for the placement and maintenance of the maturity meter and wire.
Placement shall be as directed by the Engineer.
Except for class BZ concrete, the maximum slump of the delivered concrete shall be the slump of the approved
concrete mix design plus 1½ inch. Except for class H and HT concrete, the laboratory trial mix must produce an
average 28 day compressive strength at least 115 percent of the required 28 day field compressive strength. The
October 19, 2006
5
REVISION OF SECTIONS 601 AND 701
STRUCTURAL CONCRETE
laboratory trial mix for Class H or HT concrete must produce an average 56 day compressive strength at least
115 percent of the required 56 day field compressive strength.
The laboratory trial mix shall have a relative yield of 0.99 to 1.02. When Portland Cement Concrete Pavement is
paid with a volumetric pay quantity, the relative yield of the concrete produced on the project shall be 0.99 to 1.02.
If the relative yield of the produced concrete does not conform to this range for two consecutive yield
determinations, concrete production shall cease and the Contractor shall present a plan to correct the relative
yield to the Engineer.
Aggregate data shall include the results of the following:
(1) AASHTO T 11 (ASTM C 117) Materials Finer Than 75 um (No. 200) Sieve in Mineral Aggregates by
Washing.
(2) AASHTO T 19 (ASTM C 29) Unit Weight and Voids in Aggregate.
(3) AASHTO T 21 (ASTM C 40) Organic Impurities in Fine Aggregate for Concrete.
(4) AASHTO T 27 (ASTM C 136) Sieve Analysis of Fine and Coarse Aggregates.
(5) AASHTO T 84 (ASTM C 128) Specific Gravity and Absorption of Fine Aggregate.
(6) AASHTO T 85 (ASTM C 127) Specific Gravity and Absorption of Coarse Aggregate.
(7) AASHTO T 96 (ASTM C 131) Resistance to Degradation of Small-Size Coarse Aggregate by Abrasion and
Impact in the Los Angeles Machine.
(8) AASHTO T 104 (ASTM C 88) Soundness of Aggregate by Use of Sodium Sulfate or Magnesium Sulfate.
(9) AASHTO T 176 (ASTM D 2419) Plastic Fines in Graded Aggregates and Soils by use of the Sand
Equivalent Test
(10) ASTM C 535 Resistance to Degradation of Large-Size Coarse Aggregate by Abrasion and Impact in the
Los Angeles Machine
(11) CP-L 4201 Determining the Potential Alkali Reactivity of Aggregates (Accelerated Mortar-Bar Method)
Any aggregate with an expansion of 0.10 percent or more at 16 days after casting as tested by CP-L 4201 shall
not be used unless mitigative measures are included in the mix design. Mitigative measures shall be tested using
CP-L 4202 and exhibit an expansion not exceeding 0.10 percent at 16 days after casting by one of the following
methods:
(1) Combined Aggregates. The mix design sources of aggregates, cement and mitigative measures shall be
tested. The porportions of aggregates and mitigive measures shall be those used in the mix design.
(2) Individual Aggregates. Each source and size of individual aggregates shall be tested. The source of
cement and mitigative measures shall be those used in the mix design. The highest level of mitigative
measures for any indivdual aggregate shall be the minimum used in the mix design.
The Concrete Mix Design Report shall include Certified Test Reports showing that the cement, fly ash and silica
fume admixture meet the specification requirements and supporting this statement with actual test results. The
certification for silica fume shall state the solids content if the silica fume admixture is furnished as slurry.
Where the Contractor’s use of fly ash results in any delay, necessary changes in admixture quantities or source,
or unsatisfactory work, the cost of such delays, changes or corrective actions shall be borne by the Contractor.
The Contractor shall submit a new Concrete Mix Design Report meeting the above requirements when a change
occurs in the source, type, or proportions of cement, fly ash, or aggregate. The Contractor shall submit a new Mix
Design Report meeting the above requirements when a change occurs in the source of approved admixtures.
October 19, 2006
6
REVISION OF SECTIONS 601 AND 701
STRUCTURAL CONCRETE
The use of approved accelerating, retarding or hydration stabilizing admixtures to existing mix designs will be
permitted at the discretion of the Engineer when documentation includes the following:
(1) Manufacturers recommended dosage of the admixture
(2) A letter stamped by the Concrete Mix Design Engineer approving the changes to the existing mix design.
Unless otherwise permitted by the Engineer, the product of only one type of portland cement from one mill of
any one brand shall be used in a concrete mix design.
Review and approval of the Concrete Mix Design by the Engineer does not constitute acceptance of the concrete.
Acceptance will be based solely on the test results of concrete placed on the project.
Delete subsection 701.01 and replace with the following:
701.01 Hydraulic Cement. Hydraulic cement shall conform to the requirements of the following specifications
for the type specified or permitted:
Portland Cement ASTM C 150
Blended Hydraulic Cement ASTM C 595
Hydraulic Cement ASTM C 1157
In addition to the standard chemical requirements for portland cement in ASTM C 150, the maximum percent of
equivalent alkalis (Na2O + 0.658 K2O) shall not exceed 0.90 percent.
All concrete, including precast, prestressed and pipe shall be constructed with one of the following hydraulic
cements unless permitted otherwise.
ASTM C 150 Type I
ASTM C 150 Type II
ASTM C 150 Type V
ASTM C 595 Type IP consisting of no less than 70 percent portland cement,
ASTM C 595 Type IP(MS) consisting of no less than 70 percent portland cement,
ASTM C 1157 Type GU,
ASTM C 1157 Type MS
ASTM C 1157 Type HS consisting of no less than 20 percent Class F fly ash by weight
Cement shall be from a preapproved source listed on the Department’s Approved Products List. The cement
intended for use on the project shall have been tested and accepted prior to its use. Certified Test Reports
showing that the cement meets the specification requirements and supporting this statement with actual test
results shall be submitted to the Engineer prior to the tested material being incorporated into the project.
The cement shall be subject to sampling and testing by the Department. Test results that do not meet the
physical and chemical requirements may result in the suspension of the use of the cement until the corrections
necessary have been taken to insure that the material meets the specifications.
The Contractor shall provide suitable means for storing and protecting the cement against dampness. Cement
which, for an reason, has become partially set or which contains lumps of caked cement shall not be used.
Cement salvaged from discarded or used bags shall not be used.
September 2, 2005
REVISION OF SECTIONS 614 AND 630
RETROREFLECTIVE SIGN SHEETING
Sections 614 and 630 of the Standard Specifications are hereby revised for this project as follows:
In subsection 614.04, first paragraph, delete the second sentence and replace with the following:
Retroreflective sheeting shall be Type III as defined in the CDOT Retroreflective Sheeting Materials Guide, and
shall conform to subsections 713.04 and 713.06 when applicable.
In subsection 614.04, delete the second paragraph and replace with the following:
Retroreflective sheeting for all signs requiring a yellow background shall be Type Fluorescent.
In subsection 630.02, delete the third and fourth paragraphs, including Table 630-1, and replace with the
following:
Retroreflective sign sheeting types shall be as defined in the CDOT Retroreflective Sheeting Materials Guide.
Retroreflective sheeting shall be one of the types specified for the particular application in Table 630-1.
Retroreflective sheeting for all signs requiring an orange or yellow background shall be Type Fluorescent.
Table 630-1
RETROREFLECTIVE SHEETING TYPES
Sheeting Type III Type Fluorescent
1
Application Work Zone Work Zone
All Orange Construction Signs X
Barricades (Temporary) X
Vertical Panels X
Flaggers Stop/Slow Paddle X X
Drums
2
X
Non-orange Fixed Support signs
with prefix “W”
X
Special Warning Signs X
STOP sign (R1-1)
YIELD sign (R1-2)
WRONG WAY sign (R5-1a)
DO NOT ENTER sign (R5-1)
EXIT sign (E5-1a)
X
DETOUR sign (M4-9) or
(M4-10)
X
All other fixed support signs
3
X X
All other signs used only during
working hours
X X
1 Fluorescent Sheeting shall be of a brand that is on the CDOT Approved Products List.
2 Drum Sheeting shall be manufactured for flexible devices.
3 Fixed support signs are defined as all signs that must remain in use outside of working hours. They
shall be mounted in accordance with Standard Plan S-630-1.
April 12, 2007
1
REVISION OF SECTION 627
PAVEMENT MARKING
Section 627 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 627.03(b) and replace with the following:
(b) Roadways Closed to Traffic During Construction. Full-compliance final markings shall be in place prior to
opening the roadway to traffic.
Pavement markings on detour routes shall be full-compliance markings.
Delete subsections 627.03(d) and 627.03(e) and replace with the following:
(d) Temporary Pavement Markings. Temporary pavement markings and control points for the installation of
those pavement markings for roadways that are being constructed under traffic shall be installed as follows:
1. When one roadway of a normally physically divided highway is closed, and a crossover is constructed,
full-compliance pavement markings shall be placed along the tapers and through the median crossovers
to the two-way traffic section. Pavement markings through the two-way traffic section shall be as shown
on the plans.
All temporary paved roadways shall have full-compliance center line, lane line, and edge line
markings before they are open for traffic.
Markings applied to a final surface shall not leave a scar that conflicts with permanent markings.
2. The following criteria apply to all construction on roadways open to traffic other than (d)1. above:
Full-compliance center line, lane line, and edge line temporary markings shall be in place at the end
of each work day.
No-passing zone restrictions shall be identified by full-compliance no-passing zone markings. No-
passing zone markings shall be in place daily.
Temporary pavement stencils (SCHOOL, RR xing, etc) are not required unless specified in the
plans.
Temporary pavement markings shall be installed according to the manufacturer’s recommendations
in such a way that the markings adequately follow the desired alignment.
3. Control Points consisting of 4 inch by 1 foot marks at 40-foot intervals may be placed as guide markers
for the installation of temporary or final pavement markings. Raised flexible pavement markers may be
substituted for these marks. Control points shall not be used as a substitute for any required marking.
April 12, 2007
2
REVISION OF SECTION 627
PAVEMENT MARKING
(e) Pavement Marking for Seal Coats (Section 409).
1. Raised flexible pavement markers, suitable for use on seal coats, shall be installed as follows:
No-passing zones shall be marked with two markers placed side-by-side at 40-foot intervals
throughout the zone.
Passing zones shall be marked with one marker at 40-foot centers. Closer spacing shall be used on
curves, as deemed appropriate.
Raised flexible pavement markers, installed on 40-foot centers, may also be used to mark lane
lines through multi-lane roadway sections. Auxiliary lanes and shoulder lines may be marked with
flexible markers on 80-foot centers or as appropriate.
2. Full-compliance final pavement markings shall be placed within one week of completion of the seal coat
project.
Subsection 627.13 shall include the following:
Each authorized application of temporary pavement marking will be measured and paid for at the contract unit
price for the type of material used.
Control points and Contractor pavement marking plans will not be measured and paid for separately, but shall be
included in the work.
April 7, 2006
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.
In subsection 630.15 delete the fifth paragraph and replace with the following:
The Contractor shall agree to quantities for the following items on a weekly basis when signing the Form 7:
Traffic Control Management Day
Traffic Control Inspection Day
Flagging Hour
Pilot Car Operation Hour
April 7, 2006
REVISION OF SECTION 630
METHOD OF HANDLING TRAFFIC
Section 630 of the Standard Specifications is hereby revised for this project as follows:
In subsection 630.09 (8), delete Table 630-2 and replace with the following:
Table 630-2
VERTICAL CLEARANCES TO STRUCTURES
Highway
Underpasses
Railway
Underpasses
Overhead Wires
Local Rural Roads
Local Urban Streets
Rural Collectors
Urban Collectors
14 Feet 23 Feet2 3
Rural Arterial
Urban Arterial
Freeways
16 Feet1 23 Feet2 3
1
Vertical clearance to sign trusses and pedestrian overpasses shall be 17 feet.
2
Measured from top of rail to bottom of highway structure. All railway clearances are subject to the individual
railroad’s approval.
3
Communication and power lines of:
0 to 750 volts 18 Feet
750 to 22,000 volts 20 Feet
22,000 to 50,000 volts 22 Feet
For voltages over 50,000 volts, increase clearance ½ inch for each 1000 volts.
August 2, 2007
REVISION OF SECTION 630
NCHRP 350 REQUIREMENTS
Section 630 of the Standard Specifications is hereby revised for this project as follows:
In subsection 630.01, first paragraph, delete the second sentence.
In subsection 630.08, delete the second paragraph and replace with the following:
Work zone devices designated by FHWA as Category I, II, or III, shall meet NCHRP 350 requirements. Devices
designated as Category IV, including but not limited to portable or trailer-mounted devices such as flashing arrow
panels, temporary traffic signals, area lighting supports, and changeable message signs. are not required to meet
NCHRP 350 requirements.
Except for Category IV devices, the Contractor shall obtain and present to the Engineer the manufacturer’s written
NCHRP 350 certification for each work zone device before it is first used on the project.
June 7, 2007
REVISION OF SECTION 630
PAYMENT FOR CONSTRUCTION TRAFFIC CONTROL DEVICES
Section 630 of the Standard Specifications is hereby revised for this project as follows:
In subsection 630.15 delete the second paragraph and replace with the following:
Construction traffic control devices, as determined by the project Traffic Control Plan (TCP), will be paid for as
follows: 50 percent of the accepted amount upon first utilization, an additional 40 percent of the accepted amount
when 75 percent of the original contract amount has been earned, and the final 10 percent when the project has
been completed in accordance with subsection 105.20, exclusive of any maintenance periods. The percent of
original contract amount earned will be determined by comparing the amount earned for bid items, other than
traffic control devices and mobilization, with the original contract amount minus the amounts bid for traffic
control devices and mobilization.
August 1, 2005
REVISION OF SECTION 630
PORTABLE SIGN STORAGE
Section 630 of the Standard Specifications is hereby revised for this project as follows:
In subsection 630.12, first paragraph, delete the fifth sentence and replace with the following:
When storing portable signs or supports within the project they shall be removed beyond the clear zone and shall
not be visible to traffic. All storage areas shall be approved. The minimum clear zone distance shall be 18 feet,
measured from the edge of traveled way. If the signs cannot be stored at least 18 feet from the traveled way, they
shall be removed. Signs shall not be stored on the paved surface.
June 29, 2006
1
REVISION OF SECTION 702
BITUMINOUS MATERIALS
Section 702 of the Standard Specifications is hereby deleted for this project and replaced with the
following:
702.01 Asphalt Cements.
(a) Superpave Performance Graded Binders. Superpave Performance Graded Binders shall conform to
the requirements listed in Table 702-1. (Taken from AASHTO M 320)
Asphalt cement shall not be acid modified or alkaline modified.
Asphalt cement shall not contain any used oils that have not been rerefined. Modifiers that do not
comply with environmental rules and regulations including 40 CFR Part 261.6(a) (3) (IV), and part
266/Subpart C shall not be added. Modifiers shall not be carcinogenic.
The supplier of the PG binder shall be certified in accordance with CP 11.
June 29, 2006
2
REVISION OF SECTION 702
BITUMINOUS MATERIALS
Table 702-1
SUPERPAVE PERFORMANCE GRADED BINDERS
Requirement for PG Binder
Property 58-28 58-34 64-22 64-28 76-28
AASHTO
Test No.
Original Binder Properties
Flash Point Temp., °C, minimum 230 230 230 230 230 T 48
Viscosity at 135 °C, Pa●s,
maximum
3 3 3 3 3 T 316
Dynamic Shear, Temp. °C, where
G*/Sin δ @ 10 rad/s ≥ 1.00 kPa
58 58 64 64 76 T 315
Ductility, 4 °C (5 cm/min.), cm
minimum
- - - 50 - T 51
Toughness, joules (inch-lbs)
- - - 12.4
(110)
- CP-L 2210
Tenacity, joules (inch-lbs)
- - - 8.5
(75)
- CP-L 2210
Acid or Alkali Modification (pass-fail)
Pass
Pass
Pass
Pass
Pass
CP-L 2214
RTFO Residue Properties
CP-L 2215
Mass Loss, percent maximum 1.00 1.00 1.00 1.00 1.00 CP-L 2215
Dynamic Shear, Temp. °C, where
G*/Sin δ @ 10 rad/s ≥ 2.20 kPa
58 58 64 64 76 T 315
Elastic Recovery, 25 °C, percent
min.
- - - - 50 T 301
Ductility, 4 °C (5 cm/min.), cm
minimum
- - - 20 - T 51
PAV Residue Properties, Aging
Temperature 100 °C
R 28
Dynamic Shear, Temp. °C, where
G*●Sin δ @ 10 rad/s ≤ 5000 kPa
19 16 25 22 28 T 315
Creep Stiffness, @ 60 s, Test
Temperature in °C
-18 -24 -12 -18 -18 T 315
S, maximum, MPa 300 300 300 300 300 T 313
m-value, minimum 0.300 0.300 0.300 0.300 0.300 T 313
**Direct Tension, Temperature in
June 29, 2006
3
REVISION OF SECTION 702
BITUMINOUS MATERIALS
Acceptance Samples of the PG binder will be taken on the project in accordance with the Schedule in
the Field Materials Manual.
The Department will test for acid modification and alkaline modification during the binder certification
process. Thereafter, the Department will randomly test for acid modification and alkaline
modification.
(b) Dampproofing. Asphalt for damp proofing shall conform to the requirements of ASTM D 449, and the
asphaltic primer shall conform to the requirements of ASTM D 41.
702.02 Liquid Asphaltic Materials. Liquid asphaltic materials shall conform to the requirements of
AASHTO M 81, M 82, and ASTM D 2026 for the designated types and grades.
702.03 Emulsified Asphalts. Emulsified asphalts shall conform to AASHTO M 140 or M 208 for the
designated types and grades. Emulsified asphalt and aggregate used for seal coats shall be sampled and
will be tested for information only in accordance with CP-L 2213.
When grade CSS-1h or SS-1h emulsified asphalt is used for tack coat, residue penetration test values
shall be 40 to 120.
Emulsified asphalt (HFMS-2S) with a residual penetration greater than 300 dmm shall conform to all
properties listed in AASHTO M 140, Table 1 except that ductility shall be reported for information only.
(a) Emulsion for Seal Coat. Polymerized emulsions for seal coat shall conform to the requirements listed
in Table 702-2. Emulsion for seal coat shall be an emulsified blend of polymerized asphalt, water,
and emulsifiers. The asphalt cement shall be polymerized prior to emulsification and shall contain at
least 3 percent polymer by weight of asphalt cement. The emulsion standing undisturbed for a
minimum of 24 hours shall show no white, milky separation but shall be smooth and homogeneous
throughout. The emulsion shall be pumpable and suitable for application through a distributor.
June 29, 2006
4
REVISION OF SECTION 702
BITUMINOUS MATERIALS
Table 702-2
POLYMERIZED EMULSIONS FOR SEAL COATS
Property CRS-2P CMS-2P HFRS-2P HFMS-2P
AASHTO Test
No.
Tests on Emulsion:
Viscosity, at 50 ºC, Saybolt- min 50 50 50 50
Furol, s max 450 450 450 450
T 59
Storage stability, 24 hr, % max 1.0 1.0 1.0 1.0 T 59
Particle charge test Positive Positive T 59
Sieve test, % max 0.10 0.10 0.10 0.10 T 59
Demulsibility1, % min 40 40 T 59
Oil Distillate by volume, % max or range 3.0 3.0 3.0 3.0 T-59
Residue by distillation/ evaporation, % min3 653 653 653 653
T 59/
CP-L 22122
Tests on residue:
Penetration, 25 ºC, 100g, 5s, min, dmm 70 70 70 70
Penetration, 25 ºC, 100g, 5s, max, dmm 150 150 150 150
T 49
Ductility, 25 ºC, 5 cm/min, cm, min
75 75 T 51
Solubility, in trichloroethylene% min 97.5 97.5 97.5 97.5 T 44
Elastic Recovery, 25 ºC min 58 58 T 301
Float Test, 60 ºC, s min 1200 1200 T 50
Toughness, in-lbs, min 70 70
CP-L 2210
Tenacity, in-lbs, min 45 45
CP-L 2210
1If successful application is achieved in the field, the Engineer may wave this requirement.
2 CP-L 2212 is a rapid evaporation test for determining percent residue of an emulsion and providing material for
tests on residue. CP-L 2212 is for acceptance only. If the percent residue or any test on the residue fails to meet
specifications, the tests will be repeated using the distillation test in conformance with AASHTO T-59 to determine
acceptability.
3 For polymerized emulsions the distillation and evaporation tests will in be in conformance with AASHTO T-59 or
CP-L 2212 respectively with modifications to include 205 ± 5 ºC (400 ± 10 ºF) maximum temperature to be held for
15 minutes.
June 29, 2006
5
REVISION OF SECTION 702
BITUMINOUS MATERIALS
(b) Emulsion for Prime Coat. Emulsion for prime coat shall conform to the requirements of Table 702-3.
Circulate before use if not used within 24 hours.
Table 702-3
ASPHALT EMULSIONFOR PRIME COAT
Property
Requirement
AASHTO
Test No.
Viscosity,
Saybolt Furol, at 50 °C (122 °F), s
20-150
T 59
% Residue 65% min. T 59
to 260 °C
(500 °F)
Oil Distillate by Volume, % 7% max. T59
Tests on Residue from Distillation:
Solubility in Trichloroethylene, % 97.5 min. T 44
(c) Recycling Agent. Recycling Agent for Item 406, Cold Bituminous Pavement (Recycle), shall be
either a high float emulsified asphalt (polymerized) or an emulsified recycling agent as follows:
1. High Float Emulsified Asphalt (Polymerized). High Float Emulsified Asphalt (Polymerized) for
Cold Bituminous Pavement (Recycle) shall be an emulsified blend of polymer modified asphalt,
water, and emulsifiers conforming to Table 702-4 for HFMS-2sP. The asphalt cement shall be
polymerized prior to emulsification, and shall contain at least 3 percent polymer.
The emulsion standing undisturbed for a minimum of 24 hours shall show no white, milky
separation, and shall be smooth and homogeneous throughout.
The emulsion shall be pumpable and suitable for application through a pressure distributor.
June 29, 2006
6
REVISION OF SECTION 702
BITUMINOUS MATERIALS
Table 702-4
HIGH FLOAT EMULSIFIED ASPHALT
(POLYMERIZED) (HFMS-2sP)
Requirement
Property Minimum Maximum
AASHTO
Test
Tests on Emulsion:
Viscosity, Saybolt Furol at 50 °C (122
°F), sec
50 450 T 59
Storage Stability test, 24 hours, % 1 T 59
Sieve test, % 0.10 T 59
% Residue1 65 T 59
Oil distillate by volume, % 1 7 T 59
Tests on Residue:
Penetration, 25 °C (77 °F), 100g, 5 sec 150 3002
T 49
Float Test, 60 °C (140 °F), sec 1200 T 50
Solubility in TCE, % 97.5 T 44
Elastic Recovery, 4 °C (39.2 °F), % 50 T 301
1400 ± 10° F maximum temperature to be held for 15 minutes.
2When approved by the Engineer, Emulsified Asphalt (HFMS-2sP) with a residual
penetration greater than 300 dmm may be used with Cold Bituminous Pavement
(Recycle) to address problems with cool weather or extremely aged existing
pavement. Emulsified Asphalt (HFMS-2sP) with a residual penetration greater than
300 dmm shall meet all properties listed in Table 702-4 except that Elastic
Recovery shall be reported for information only.
2. Emulsified Recycling Agent. Emulsified Recycling Agent for use in Cold Bituminous Pavement
(Recycle) shall conform to the requirements in Table 702-5.
June 29, 2006
7
REVISION OF SECTION 702
BITUMINOUS MATERIALS
Table 702-5
EMULSIFIED RECYCLING AGENT
Requirement
Property Minimum Maximum
Test
Tests on Emulsion:
Viscosity @ 25 °C, SFS 20 200 ASTM D 244
Pumping Stability Pass GB Method1
Sieve Test, %w
0.1
ASTM D 2442
Cement Mixing, %w 2.0 ASTM D 244
Particle Charge Positive ASTM D 244
Conc. Of Oil Phase 64 ASTM D 2443
Tests on Residue:
Viscosity @ 60 °C , CST 2000 4000 ASTM D 2170
Flash Point, COC, °C (° F) 232 ASTM D 92
Maltenes Dist. PC+A1
Ratio4 S+A2
0.3
0.6
ASTM
D 2006
PC/S Ratio
0.4
ASTM
D 2006
Asphaltenes, % max.
11.0
ASTM
D 2006
1Pumping stability is determined by charging 450 ml of emulsion into a one liter
beaker and circulating the emulsion through a gear pump (Roper 29.B22621)
having a 6.3 mm (1/4 inch) inlet and outlet. The emulsion passes if there is no
significant separation after circulating ten minutes.
2Test procedure identical with ASTM D 244 except that distilled water shall be
used in place of 2 percent sodium oleate solution.
3ASTM D 244 Evaporation Test for percent of residue is modified by heating 50
gram sample to 149°C (300 °F) until foaming ceases, then cooling immediately
and calculating results.
4In the Maltenes Distribution Ratio Test by ASTM Method D 2006.
PC = Polar Compounds S = Saturates
A1 = First Acidaffin A2 = Second Acidaffins
June 29, 2006
8
REVISION OF SECTION 702
BITUMINOUS MATERIALS
702.04 Asphalt Rejuvenating Agents. Asphalt rejuvenating agents (ARA) shall be composed of a
petroleum resin-oil base uniformly emulsified with water and shall conform to the physical and chemical
requirements of Table 702-6 or ASTM D 4552.
Table 702-6
ASPHALT REJUVENATING AGENT
Property Test Method Requirement
Viscosity, S.F., @ 25 °C (77 °F), s ASTM D 244 20-40
1Residue, % min. ASTM D 244 60-65
2Miscibility Test ASTM D 244 No
coagulation
3Sieve Test, % max. ASTM D 244 0.10
Particle Charge Test ASTM D 244 Positive
ASTM D244 (Mod):
Viscosity, 60 °C (140 °F), mm2/s ASTM D 445
100 - 200
Flash Point, COC, °C, min. ASTM D 92 196
Asphaltenes, % max. ASTM
D2006
1.0
4Maltenes Dist. PC+A1
Ratio S+A2
ASTM
D 2006
0.3-0.6
Saturated Hydrocarbons, % ASTM
D 2006
21-28
1 ASTM D244 Modified Evaporation Test for percent of residue is
made by heating 50-gram sample to 149 °C (300 °F) until foaming
ceases, then cooling immediately and calculating results.
2 Test procedure identical with ASTM D244 except that 0.02 Normal
Calcium Chloride solution shall be used in place of distilled water.
3 Test procedure identical with ASTM D244 except that distilled water
shall be used in place of 2% sodium oleate solution.
4 In the Maltenes Distribution Ratio Test by ASTM Method D4124:
PC = Polar Compounds S = Saturates
A1 = First Acidaffin A2 = Second Acidaffins
For hot-in-place recycling ARA-1P is an acceptable alternative to ARA. ARA-1P shall meet the
requirements below:
Emulsified Polymer Modified Asphalt Rejuvenating Agent (ARA-1P) for use in hot-in-place recycling of
bituminous pavements shall be modified with a minimum of 1.5 percent styrene-butadiene solution
polymer. The finished product shall conform to the physical requirements listed in Table 702-7 below.
June 29, 2006
9
REVISION OF SECTION 702
BITUMINOUS MATERIALS
Table 702-7
ARA-1P
Property Test Method Min Max
Test on Emulsion
Viscosity, Saybolt-Furol @ 77 ºF, s ASTM D 244
100
Residue @ 350 ºF, % ASTM D 244 Mod 60
Sieve Test, % ASTM D 244 0.10
Oil distillate, % ASTM D 244 2.0
Test on Residue
Penetration @ 39.2 ºF, 100g, 5s, dmm ASTM D-5 Modified 150 250
Asphaltenes, % ASTM D 4124 15
702.05 (unused)
702.06 Hot Poured Joint and Crack Sealant. Hot poured material for filling joints and cracks shall
conform to the requirements of ASTM D 6690, Type I or II. ASTM D 1985 mortar blocks shall be used for
concrete bond test. ASTM D 6690 material shall pass asphalt compatibility test, Section 9, ASTM D 5329.
Sealant material shall be supplied preblended, prereacted, and prepackaged. If supplied in solid form the
sealant material shall be cast in a plastic or other dissolvable liner having the capability of becoming part
of the crack sealing liquid. The sealant shall be delivered in the manufacturer's original sealed container.
Each container shall be legibly marked with the manufacturer's name, the trade name of the sealer, the
manufacturer's batch or lot number, the application temperature range, the recommended application
temperature, and the safe heating temperature.
The sealant shall be submitted to the Department for testing and be approved prior to use.
August 1, 2005
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
August 1, 2005
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AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
These goals are applicable to all the Contractor’s construction work (whether or not it is Federal or
federally assisted) performed in the covered area. If the Contractor performs construction work in a
geographical area located outside of the covered area, it shall apply the goals established for such
geographical area where the work is actually performed. With regard to this second area, the Contractor
also is subject to the goals for both its federally involved and non-federally involved construction.
The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be
based on its implementation of the Equal Opportunity Clause specific affirmative action obligations
required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts meet the goals established for
the geographical area where the contract resulting form this solicitation is to be performed. The hours of
minority and female employment and training must be substantially uniform throughout the length of the
contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and
women evenly on each of its projects. The transfer of minority or female employees or trainees from
Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor’s goals
shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Par 60-4.
Compliance with the goals will be measured against the total work hours performed.
3. The Contractor shall provide written notification to the Director of the Office of Federal Contract
Compliance Programs within 10 working days of award of any construction subcontract in excess
of $10,000 at any tier for construction work under the contract resulting from this solicitation. The
notification shall list the name, address and telephone number of the subcontractor; employer
identification number; estimated dollar amount of the subcontract; estimated starting and
completion dates of the subcontract; and the geographical area in which the contract is to be
performed.
4. As used in this specification, and in the contract resulting from this solicitation, the “covered area”
is the county or counties shown on the Invitation for Bids and on the plans. In cases where the
work is in two or more counties covered by differing percentage goals, the highest percentage will
govern.
August 1, 2005
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AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
B. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT
SPECIFICATIONS
Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246)
1. As used in these Specifications:
a. “Covered area” means the geographical area described in the solicitation from which this contract
resulted;
b. “Director” means Director, Office of Federal Contract Compliance Programs, United States
Department of Labor, or any person to whom the Director delegates authority;
c. “Employer identification number” means the Federal Social Security number used on the Employer’s
Quarterly Federal Tax Return, U.S. Treasury Department Form 941.
d. “Minority” includes;
(i) Black (all persons having origins in any of the Black African racial groups not of Hispanic
origin);
(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other
Spanish Culture or origin, regardless of race);
(iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far
East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and
(iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of
North America and maintaining identifiable tribal affiliations through membership and
participation or community identification).
2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving
any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions
of these specifications and the Notice which contains the applicable goals for minority and female
participation and which is set forth in the solicitations from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S.
Department of Labor in the covered area either individually or through an association, its affirmative action
obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that
Plan for those trades which have unions participating in the Plan. Contractors must be able to
demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each
Contractor or Subcontractor participating in an approved Plan is individually required to comply with its
obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in
each trade in which it has employees. The overall good faith performance by other Contractors or
Subcontractor toward a goal in an approved Plan does not excuse any covered Contractor’s or
Subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a
through p of these specifications. The goals set forth in the solicitation from which this contract resulted
are expressed as percentages of the total hours of employment and training of minority and female
utilization the Contractor should reasonably be able to achieve in each construction trade in which it has
employees in the covered area. Covered Construction contractors performing construction work in
geographical areas where they do not have a Federal or federally assisted construction contract shall
apply the minority and female goals established for the geographical area where the work is being
performed. Goals are published periodically in the Federal Register in notice form, and such notices may
be obtained from any office of Federal Contract Compliance Programs Office or from Federal
procurement contracting officers. The Contractor is expected to make substantially uniform progress in
meeting its goals in each craft during the period specified.
August 1, 2005
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AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the
Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the
Contractor’s obligations under these specifications, Executive Order 11246, or the regulations
promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals,
such apprentices and trainees must be employed by the Contractor during the training period, and the
Contractor must have made a commitment to employ the apprentices and trainees at the completion of
their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to
training programs approved by the U.S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The
evaluation of the Contractor’s compliance with these specifications shall be based upon its effort to
achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall
implement affirmative action steps at least as extensive as the following;
a. Ensure and maintain a working environment free of harassment, intimidation , and coercion at all
sites, and in all facilities at which the Contractor’s employees are assigned to work. The Contractor,
where possible, will assign two or more women to each construction project. The Contractor shall
specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are
aware of and carry out the Contractor’s obligation to maintain such a working environment, with
specific attention to minority or female individuals working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources, provide written
notification to minority and female recruitment sources and to community organizations when the
Contractor or its union have employment opportunities available, and maintain a record of the
organization’s responses.
c. Maintain a current file of the names, addresses and telephone numbers of each minority and female
off-the-street applicant and minority or female referral from a union, a recruitment source of
community organization and of what action was taken with respect to each individual. If such
individual was sent to the union hiring hall for referral and was not referred back to the Contractor by
the union or, if referred, not employed by the Contractor, this shall be documented in the file with the
reason therefor, along with whatever additional actions the Contractor may have taken.
d. Provide immediate written notification to the Director when the union with which the Contractor has a
collective bargaining agreement has not referred to the Contractor a minority person or woman sent
by the Contractor, or when he Contractor has other information that the union referral process has
impeded the Contractor’s efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the area which
expressly include minorities and women, including upgrading programs and apprenticeship and
trainee programs relevant to the Contractor’s employment needs, especially those programs funded
or approved by the Department of Labor. The Contractor shall provide notice of these programs to
the sources compiled under 7b above.
f. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and training
programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations;
by including it in any policy manual and collective bargaining agreement; by publicizing it in the
company newspaper, annual report, etc., by specific review of the policy with all management
personnel and with all minority and female employees at least once a year, and by posting the
Contractor’s EEO policy on bulletin boards accessible to all employees at each location where
construction work is performed.
August 1, 2005
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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.
August 1, 2005
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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).
August 1, 2005
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.
August 1, 2005
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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.
August 1, 2005
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.
August 1, 2005
10
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
d. In the event the union is unable to provide the Contractor with a reasonable flow of minority and
women referrals within he time limit set forth in the collective bargaining agreement, the Contractor
will, through independent recruitment efforts, fill the employment vacancies without regard to race,
color, religion , sex or national origin; making full efforts to obtain qualified and/or qualifiable minority
group persons and women. (The U.S. Department of Labor has held that it shall be no excuse that
the union with which the Contractor has a collective bargaining agreement providing for exclusive
referral failed to refer minority employees.) In the event the union referral practice prevents the
Contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these
special provisions, such Contractor shall immediately notify the State highway agency.
9. Subcontracting.
a. The Contractor will use his best efforts to solicit bids from and to utilize minority group subcontractors
or subcontractors with meaningful minority group and female representation among their employees.
Contractors shall obtain lists of minority-owned construction firms from State highway agency
personnel.
b. The Contractor will use his best efforts to ensure subcontractor compliance with their equal
employment opportunity obligations.
10. Records and Reports.
a. The Contractor will keep such records as are necessary to determine compliance with the
Contractor’s equal employment opportunity obligations. The records kept by the Contractor will be
designed to indicate:
(1) The number of minority and nonminority group members and women employed in each work
classification on the project.
(2) The Progress and efforts being made in cooperation with unions to increase employment
opportunities for minorities and women (applicable only to contractors who rely in whole or in part
on unions as a source of their work force).
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading
minority and female employees, and
(4) The progress and efforts being made in securing the services of minority group subcontractors or
subcontractors with meaningful minority and female representation among their employees.
b. All such records must be retained for a period of three years following completion of the contract work
and shall be available at reasonable times and places for inspection by authorized representatives of
the State highway agency and the Federal Highway Administration.
c. The Contractors will submit an annual report to the State highway agency each July for the duration of
the project, indicating the number of minority, women, and non-minority group employees currently
engaged in each work classification required by the contract work. This information is to be reported
on Form PR 1391.
December 8, 2005
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.”
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.
December 8, 2005
2
DISADVANTAGED BUSINESS ENTERPRISE
DEFINITIONS AND REQUIREMENTS
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 contractor 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 contractor from fulfilling the Good Faith Efforts
requirements. The apparent low 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. In determining whether a bidder has made good faith efforts,
CDOT may take into account the performance of other bidders in meeting the contract. For example,
when the apparent successful bidder fails to meet the contract goal, but others meet it, CDOT may
reasonably raise the question of whether, with additional reasonable efforts, the apparent successful
bidder could have met the goal. If the apparent successful bidder fails to meet the goal, but meets or
exceeds the average UDBE participation obtained by other bidders, CDOT may view this, in conjunction
with other factors, as evidence of the apparent successful bidder having made good faith efforts.
The Business Programs Office, with the DBE Liaison’s Approval, will notify the apparent low 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.
December 8, 2005
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DISADVANTAGED BUSINESS ENTERPRISE
DEFINITIONS AND REQUIREMENTS
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.
If award of the Contract is made based on the Contractor’s good faith efforts, the goal will not be waived.
The Contractor will be expected to continue to make good faith efforts as described below throughout the
duration of the Contract.
To demonstrate Good Faith Efforts to meet the contract goal throughout the performance of the Contract,
the Contractor shall document to the CDOT Region Civil Rights Professional the steps taken on Form
205. For each subcontract item not identified for DBE participation on Form 718, steps the Contractor
must take include but are not limited to the following:
A. Seek out and consider UDBEs as potential subcontractors.
(1) Contact all UDBEs for each category of work that is being subcontracted.
(2) Affirmatively solicit their interest, capability, and price quotations.
(3) Provide equal time for all prospective subcontractors to prepare their proposals.
(4) Provide at least as much time to UDBEs in assisting them to prepare their bids for subcontract
work as to non UDBE subcontractors.
(5) Award subcontracts to UDBEs where their quotations are reasonably competitive with other
quotations received.
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.
December 8, 2005
4
DISADVANTAGED BUSINESS ENTERPRISE
DEFINITIONS AND REQUIREMENTS
(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 apparent low 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 apparent low 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.
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.
December 8, 2005
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DISADVANTAGED BUSINESS ENTERPRISE
DEFINITIONS AND REQUIREMENTS
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.
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.
December 8, 2005
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DISADVANTAGED BUSINESS ENTERPRISE
DEFINITIONS AND REQUIREMENTS
(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.
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.
December 8, 2005
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DISADVANTAGED BUSINESS ENTERPRISE
DEFINITIONS AND REQUIREMENTS
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.
(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
Project No.:
COLORADO DEPARTMENT OF TRANSPORTATION
UNDERUTILIZED DBE (UDBE) BID
CONDITIONS ASSURANCE Location:
Instructions: Contractor – Complete and submit this form with your bid. Report only Underutilized DBE (UDBE) participation percentages which
qualify under the contract goal specification for this project. It is important to review CDOT Form #715 instructions before completing this form.
POLICY
It is the policy of the Colorado Department of Transportation that underutilized disadvantaged business enterprises have equal opportunity to
participate in the performance of contracts financed with federal, state or local entity funds.
UNDERUTILIZED DBE PARTICIPATION COMMITMENT
1) Will your company’s Underutilized DBE (UDBE) participation commitment meet contract goals? Yes No
2) Total eligible Underutilized DBE (UDBE) percentage amount from Box A below: . %
3) List the UDBE firms, committed work items, and eligible UDBE percent of your bid that you are committing to each
UDBE FIRM NAME
CERTIFICATION
EXP. DATE
COMMITTED
WORK ITEM(S)
SUBCONTRACT
CATEGORY
ELIGIBLE
UDBE % *
See Form #715
1. / /
Trucker
Subcontractor
Supplier Broker
. %
2. / /
Trucker
Subcontractor
Supplier Broker
. %
3. / /
Trucker
Subcontractor
Supplier Broker
. %
4. / /
Trucker
Subcontractor
Supplier Broker
. %
5. / /
Trucker
Subcontractor
Supplier Broker
. %
BOX A: TOTAL ELIGIBLE UDBE PERCENTAGE AMOUNT:
(Round percentage amounts to the nearest hundredth)
. %
* Additional instructions on how to calculate the actual eligible amounts and percentages for the trucker, subcontractor, supplier, and broker categories
are available on the 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 on 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 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
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
U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 08-03-07
GENERAL DECISION NUMBERS CO20070014 AND CO20070015, HIGHWAY CONSTRUCTION
-1-
Decision Nos. CO20070014 and CO20070015 dated February 09, Modifications ID
2007 supersedes Decision Nos. CO030014 and CO030015 dated
June 13, 2003.
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 1
MOD 2
MOD 3
04-06-07
06-01-07
08-03-07
Pages 1, 5
Pages 1, 2, 5 & 6
Pages 1, 5
1
2
3
General Decision No. CO20070014 applies to the following counties: Adams, Arapahoe, Boulder, Denver, Douglas, El
Paso, Jefferson, Larimer, Mesa, Pueblo, and Weld counties.
General Decision No. CO20070014
The wage and fringe benefits listed below reflect collectively bargained rates.
Code Classification Basic Hourly
Rate
Fringe Benefits Last
Mod
ELECTRICIANS:
1200 Electrical work $150,000 or less (Pueblo county) 22.14 8.85 + 3%
1201 Electrical work over $150,000 (Pueblo county) 26.29 8.85 + 3% 1
1202
Electricians (Adams, Arapahoe, Boulder, Denver, Douglas,
Jefferson, Larimer, and Weld counties)
28.91 10.33
1203 Electricians (El Paso county) 26.80 12.00 + 3% 3
1204 Electricians (Mesa county) 20.31 8.56 2
1205 Traffic Signal Installer (Zone 1) 22.91 1.75 + 13%
1206 Traffic Signal Installer (Zone 2) 25.91 1.75 + 13%
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 OPERATORS:
1300 Asphalt Screed 21.67 8.22 2
1301 Bituminous or Asphalt Spreader/Laydown Machine 21.67 8.22 2
1302 Bulldozer 21.67 8.22 2
U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 08-03-07
GENERAL DECISION NUMBERS CO20070014 AND CO20070015, HIGHWAY CONSTRUCTION
-2-
General Decision No. CO20070014
The wage and fringe benefits listed below reflect collectively bargained rates.
Code Classification Basic Hourly
Rate
Fringe Benefits Last
Mod
POWER EQUIPMENT OPERATORS (cont.):
Crane:
1305 50 tons and under 21.82 8.22 2
1306 51 to 90 tons 21.97 8.22 2
1307 91 to 140 tons 22.12 8.22 2
1308 141 tons and over 22.88 8.22 2
Drill Operator:
1309 William MF/Watson 2500 only 21.97 8.22 2
Grader/Blade:
1310 Rough 21.67 8.22 2
1311 Finish 21.97 8.22 2
Loader:
1312 Barber Green, etc., 6 cubic yards and under 21.67 8.22 2
1313 Over 6 cubic yards 21.82 8.22 2
Mechanic and/or Welder (Includes heavy duty and combination
mechanic and welder):
1314 Mechanic and/or Welder 21.82 8.22 2
1315 Mechanic/Welder (Heavy duty) 21.97 8.22 2
1316 Oiler 20.97 8.22 2
Power Broom:
1317 Under 70 HP 20.97 8.22 2
1318 70 HP and over 21.67 8.22 2
Roller (excluding dirt and soil compaction):
1319 Self-propelled, rubber tires under 5 tons 21.32 8.22 2
1320 Self-propelled, all types over 5 tons 21.67 8.22 2
Scraper:
1321 Single bowl under 40 cubic yards 21.82 8.22 2
1322
Single bowl including pups 40 cubic yards and tandem bowls
and over
21.97 8.22 2
1323 Trackhoe 21.82 8.22 2
1324 Water Truck 21.82 8.22 2
U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 08-03-07
GENERAL DECISION NUMBERS CO20070014 AND CO20070015, HIGHWAY CONSTRUCTION
-3-
General Decision No. CO20070014
The wage and fringe benefits listed below reflect collectively bargained rates.
Code Classification Basic Hourly
Rate
Fringe Benefits Last
Mod
Laborers:
1400
Asphalt Laborer/Raker, Common Laborer,
and Concrete Laborer/Mason Tender
16.29 4.25
General Decision No. CO20070014
The wage and fringe benefits listed below do not reflect collectively bargained rates.
1500 Bricklayers 15.55 2.85
Carpenters:
1600 Form Work (Excluding curbs and gutters) 16.54 3.90
1601 All other work 16.61 3.88
1700 Concrete Finishers/Cement Masons 16.05 3.00
Ironworkers:
1900 Reinforcing 16.69 5.45
1901 Bridge Rail (Excludes guardrail) 18.22 6.01
Laborers:
2001 Fence Erector (Includes fencing on bridges) 13.02 3.20
2002 Form Work (Curbs and gutters only) 11.85 3.45
2003 Guardrail Erector (Excludes bridgerail) 12.89 3.20
2004 Landscape and Irrigation Laborer 12.26 3.16
2005 Pipelayer 13.55 2.41
2006
Striping Laborer (Pre-form layout and removal of pavement
markings)
12.62 3.21
2007 Traffic Director/Flagger 9.55 3.05
2008
Traffic and Sign Laborer (Sets up barricades and cones,
and installs permanent signs)
12.43 3.22
PAINTERS
2100 Brush 16.94 2.10
2101 Spray 16.99 2.87
POWER EQUIPMENT OPERATORS:
2200 Backhoes 16.54 4.24
2201 Bobcat/Skid Loader 15.37 4.28
2202 Concrete Pump Operator 16.52 4.30
U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 08-03-07
GENERAL DECISION NUMBERS CO20070014 AND CO20070015, HIGHWAY CONSTRUCTION
-4-
General Decision No. CO20070014
The wage and fringe benefits listed below do not reflect collectively bargained rates.
Code Classification Basic Hourly
Rate
Fringe Benefits Last
Mod
POWER EQUIPMENT OPERATORS (cont.):
Drill Operator:
2203 All except William MF/Watson 2500 16.74 2.66
2204 Forklift 15.91 4.09
2205 Rotomill Operator 16.22 4.41
2206 Post Driver/Punch Machine 16.07 4.41
2207 Tractor 13.13 2.95
2208 Compactor (Dirt and soil only) 16.70 3.30
2301
Groundman (Traffic signalization)
Class C 11.44 3.25
Truck Drivers:
2400 Floats-Semi Truck 14.86 3.08
2401 Multipurpose Truck – Specialty & Hoisting 14.35 3.49
2402 Truck Mechanic 16.91 3.01
2403 Pickup Truck (Includes Pilot and Sign/Barricade Truck) 13.93 3.68
2405 Single Axle Truck 14.24 3.77
2406 Distributor Truck 15.80 5.27
2407 Dump Truck:
2408 14 cubic yards and under 14.93 5.27
2409 15 to 29 cubic yards 15.27 5.27
2410 30 to 79 cubic yards 15.80 5.27
2411 80 cubic yards and over 16.45 5.27
2412 Low Boy Truck 17.25 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)].
END OF GENERAL DECISION NUMBER CO20070014.
U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 08-03-07
GENERAL DECISION NUMBERS CO20070014 AND CO20070015, HIGHWAY CONSTRUCTION
-5-
General Decision No. CO070015 applies to the following counties: Alamosa, Archuleta, Baca, Bent, Chaffee, Cheyenne,
Clear Creek, Conejos, Costilla, Crowley, Custer, Delta, Dolores, Eagle, Elbert, Fremont, Garfield, Gilpin, Grand,
Gunnison, Hinsdale, Huerfano, Jackson, Kiowa, Kit Carson, La Plata, Lake, Las Animas, Lincoln, Logan, Mineral,
Moffat, Montezuma, Montrose, Morgan, Otero, Ouray, Park, Phillips, Pitkin, Prowers, Rio Blanco, Rio Grande,
Routt, Saguache, San Juan, San Miguel, Sedgwick, Summit, Teller, Washington, and Yuma counties.
When work within a project is located in two or more counties, and the minimum wages and fringe benefits are different
for one or more job classifications, the higher minimum wages and fringe benefits shall apply throughout the project.
General Decision No. CO20070015
The wage and fringe benefits listed below reflect collectively bargained rates.
Code Classification Basic Hourly
Rate
Fringe Benefits Last
Mod
ELECTRICIANS: (Including traffic signal installation)
3200
Electrical work $150,000 or less (Alamosa, Archuleta, Baca,
Bent, Chaffee, Conejos, Costilla, Crowley, Custer, Fremont,
Huerfano, Kiowa, Las Animas, Mineral, Otero, Prowers, Rio
Grande, and Saguache counties)
22.14 8.85 + 3%
3201
Electrical work over $150,000 (Alamosa, Archuleta, Baca,
Bent, Chaffee, Conejos, Costilla, Crowley, Custer, Fremont,
Huerfano, Kiowa, Las Animas, Mineral, Otero, Prowers, Rio
Grande, and Saguache counties)
26.29 8.85 + 3% 1
3202
Electricians (Clear Creek, Eagle, Gilpin, Grand, Jackson, Lake,
Logan, Morgan, Phillips, Sedgwick, Summit, Washington,
and Yuma counties)
28.91 10.33
3203
Electricians (Cheyenne, Elbert, Kit Carson, Lincoln, Park,
and Teller counties)
26.80 12.00+ 3% 3
3204
Electricians (Dolores, Garfield, Gunnison, Hinsdale, La Plata,
Moffat, Montezuma, Ouray, Pitkin, Rio Blanco, Routt, San Juan,
and San Miguel counties)
28.06 8.76 2
3205 Electricians (Delta and Montrose counties) 20.31 8.56 2
3206 Traffic Signal Installer (Zone 1) 22.91 1.75 + 13%
3207 Traffic Signal Installer (Zone 2) 25.91 1.75 + 13%
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.
U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 08-03-07
GENERAL DECISION NUMBERS CO20070014 AND CO20070015, HIGHWAY CONSTRUCTION
-6-
General Decision No. CO20070015
The wage and fringe benefits listed below reflect collectively bargained rates.
Code Classification Basic Hourly
Rate
Fringe Benefits Last
Mod
POWER EQUIPMENT OPERATORS:
3300 Bituminous or Asphalt Spreader/Laydown Machine 21.67 8.22 2
3301 Bulldozer 21.67 8.22 2
Crane:
3302 50 tons and under 21.82 8.22 2
3303 51 to 90 tons 21.97 8.22 2
3304 91 to 140 tons 22.12 8.22 2
3305 141 tons and over 22.88 8.22 2
3306 Grade Checker 21.82 8.22 2
Loader:
3307 Barber Green, etc., 6 cubic yards and under 21.67 8.22 2
3308 Over 6 cubic yards 21.82 8.22 2
Roller (excluding dirt and soil compaction):
3309 Self-propelled, rubber tires under 5 tons 21.32 8.22 2
3310 Self-propelled, all types over 5 tons 21.67 8.22 2
3311 Trackhoe 21.82 8.22 2
3312 Oiler 20.97 8.22 2
3313 Water Wagon 21.82 8.22 2
General Decision No. CO20070015
The wage and fringe benefits listed below do not reflect collectively bargained rates.
Carpenters:
3600 Form Building and Setting (Excluding curbs and gutters) 15.92 5.38
3601 All other work 16.30 3.71
3700 Concrete Finishers/Cement Masons 15.55 2.85
3800 Groundman (Traffic signalization) 11.57 3.50
Ironworkers:
3900 Reinforcing 16.94 6.77
3901 Bridge Rail (Excluding guardrail) 16.76 6.01
U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 08-03-07
GENERAL DECISION NUMBERS CO20070014 AND CO20070015, HIGHWAY CONSTRUCTION
-7-
General Decision No. CO20070015
The wage and fringe benefits listed below do not reflect collectively bargained rates.
Code Classification Basic Hourly
Rate
Fringe Benefits Last
Mod
Laborers:
4000 Asphalt Laborer/Raker 12.40 2.92
4001 Common 12.44 3.53
4002 Concrete Laborer/Mason Tender 12.44 3.10
4003
Striping-Paint Laborer (Pre-form layout and removal of
pavement markings)
12.90 3.07
4004 Traffic Director/Flagger 9.42 3.21
4005
Traffic/Sign Laborer (Sets up barricades and cones,
and installs permanent signs)
12.39 3.20
4007 Guardrail (Excludes bridgerail) 12.78 3.31
4008 Formwork (Curbs and gutters only) 12.92 4.54
4009 Landscape Laborer (Including irrigation work) 12.21 3.16
Painters:
4100 Spray 17.54 3.52
POWER EQUIPMENT OPERATORS:
4200 Asphalt Plant 17.23 1.20
4201 Asphalt Screed 16.21 3.76
4202 Backhoe 16.42 4.42
4203 Compactor (Dirt and soil only) 16.52 3.13
4204 Grader/Blade 16.39 4.20
4205
Mechanic and or Welder (Includes heavy duty and combination
mechanic welder)
16.74 4.20
4206 Post Driver/Punch Machine 16.07 4.41
4207 Rotomill Operator 16.28 4.41
4209 Scraper 17.62 3.16
U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 08-03-07
GENERAL DECISION NUMBERS CO20070014 AND CO20070015, HIGHWAY CONSTRUCTION
-8-
General Decision No. CO20070015
The wage and fringe benefits listed below do not reflect collectively bargained rates.
Code Classification Basic Hourly
Rate
Fringe Benefits Last
Mod
Truck Drivers:
4400 Dump 14.15 3.83
4401 Low Boy 15.07 4.56
4402 Truck Mechanic 15.97 4.61
4403 Multipurpose Truck-Specialty and Hoisting 14.60 3.49
4404 Pickup (Including pilot car) 14.04 3.49
4405 Water Truck 14.88 2.07
4406 Distributor 15.80 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)].
END OF GENERAL DECISION NUMBER CO20070015.
U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 08-03-07
GENERAL DECISION NUMBERS CO20070014 AND CO20070015, HIGHWAY CONSTRUCTION
-9-
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, D.C. 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, D.C. 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, D.C. 20210
4.) All Decisions of the Administrative review board are final.
April 12, 2007
1
ON THE JOB TRAINING
This training special provision supplements subparagraph 6 of paragraph B and supersedes subparagraph 7b of
paragraph C of the Special Provision entitled "Affirmative Action Requirements, Equal Employment Opportunity"
and is an implementation of 23 U.S.C. 140 (a).
As part of the Contractor's Equal Employment Opportunity Affirmative Action Program, training shall be provided
on projects as follows:
(a) General Requirements
1. The Contractor shall provide on the job training aimed at developing full journey workers in the type of
skilled craft involved.
2. Training and upgrading of minorities and women toward journey worker status are a primary objective of
this specification. Accordingly, the Contractor shall make every reasonable effort to enroll minority
trainees and women (e.g., by conducting systematic and direct recruitment through public and private
sources likely to yield minority and women trainees) to the extent that such persons are available within a
reasonable area of recruitment. The Contractor shall be responsible for demonstrating the steps that
were taken in pursuance thereof, prior to a determination as to whether the Contractor is in compliance
with this specification. This training commitment shall not be used to discriminate against any applicant
for training whether a member of a protected class or not.
3. An employee shall not be employed or utilized as a trainee in any skilled craft in which the employee has
successfully completed a training course leading to journey worker status or in which the employee has
been employed as a journey worker on a permanent and regular basis. The intent of the OJT Program is
to train unskilled workers into a skilled job; the intent is not to use a previously trained and skilled worker
to meet the project training requirements. The Contractor shall satisfy this requirement by including
appropriate questions (i.e. Have you ever completed a formal training class in the craft that you are
working in? worked as a journeyman in the highway construction industry?) in the employee application
or by other suitable means. Regardless of the method used, the Contractor's records shall document the
findings in each case.
In order to enhance promotion from within the Contractor’s unskilled workforce, the Contractor may utilize
an unskilled worker as a journey worker in a skilled craft, provided that the worker is paid the required
contract journey worker rate. In that event, the trainee will have an opportunity to advance to journey
worker status in and/or outside of the OJT program.
4. 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), Bureau of
Apprenticeship and Training (BAT). The Department and the FHWA will approve a program if it is
reasonably calculated to meet the Equal Employment obligations of the Contractor and to qualify the
average trainee for journey worker status in the skilled craft concerned by the end of the training period.
Apprenticeship and training programs will be accepted if registered with the U.S. Dept. of Labor, Bureau
of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau. To
obtain FHWA approval, the Contractor's training program will be reviewed by the CDOT Center for Equal
Opportunity and approved by the Colorado Division of the FHWA. The Contractor shall allow up to 30
days for FHWA review. The proposed training program shall be submitted by the Contractor to:
CDOT Center for Equal Opportunity
4201 East Arkansas Avenue
Denver, CO 80222
The following documentation shall be submitted:
A. Evidence of an approved training program.
April 12, 2007
2
ON THE JOB TRAINING
B. A copy of the current applicable approved training program, including a copy of the applicable ratios
of trainees/apprentices to journey worker for a project.
5. Approved training programs shall provide the trainee with a minimum of 2000 hours of training which
includes a minimum of 40 hours of classroom training. Credit for prior classroom or other training may be
allowed if such training is relevant to the trainees' current training program requirements.
6. Training is to be provided in the construction crafts rather than clerk-typists or secretarial-type positions.
There will be no reimbursement for offsite training.
7. The Contractor shall pay the training program wage rates and the correct fringe benefits to each
registered trainee employed on the contract work and currently enrolled in an approved program. The
wage rate and fringe benefit rates will correspond with the applicable minimum wage decision for the
project. The minimum trainee wage shall be no less than the wage for the Guardrail Laborer
classification as indicated in the appropriate Davis Bacon wage decision. However, if the trainee is in a
BAT approved training program, the wage rate should be as described in the current apprenticeship
program.
8. All apprentices or trainees that are used to meet the OJT goal and/or for whom the Contractor shall
request reimbursement must first be approved by the CDOT Regional Civil Rights Manager before
commencing work on the project. The Contractor shall meet the requirements of the FHWA 1273 for all
apprentices and trainees. Approval for the apprentice or trainee to begin work on a CDOT project will be
based on information from the items listed below, and any additional criteria identified by CDOT in other
parts of this specification.
A. Evidence of the registration of the trainee or apprentice into the approved training program as
submitted by the Contractor or sponsor to the CDOT Center for Equal Opportunity.
B. The completed Form 838 for each trainee or apprentice as submitted to the Engineer.
9. Within the first 100 hours of training time completed, the Contractor shall provide each trainee with a
review of the approved training program, pay scale, pension and retirement benefits, health and disability
benefits, promotional opportunities, and company policies and complaint procedure. The Contractor shall
also furnish the trainee a copy of the approved training program.
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 838 will
be reviewed and approved by the CDOT Regional Civil Rights Manager before reimbursement will be
made. The Contractor will be reimbursed for each approved apprentice or trainee required by the
Department and documented on Form 832, but not more than the OJT Force Account budget unless
approved by the Engineer through a Change Order. 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.
11. All forms referred to are available from the CDOT Center for Equal Opportunity, through the CDOT
Regional Civil Rights Manager, or on CDOT’s website at
http://www.dot.state.co.us/Bidding/BidForms.htm.
12. The Engineer will provide reimbursement to the Contractor. Payment is based on the number of hours of
on the job training the Contractor provides to the trainee under this Contract and the applicable
reimbursement rate. Submission of the Form 832 will document the training hours provided during the
month, and will be considered a request for payment. Where applicable, the Contractor shall note and
explain discrepancies between the hours documented on Form 832 and the corresponding certified
payrolls. To receive payment, the Forms 838 and 832 shall be completed in full and the Contractor shall
be in compliance with all requirements of this specification and the provisions of FHWA 1273.
April 12, 2007
3
ON THE JOB TRAINING
13. Failure to provide the required training impedes the Department’s federal mandate to bring women and
minorities into the construction industry. Although precise damages to the program are difficult to
calculate, they are, at a minimum, equivalent to the loss to the individuals who were the intended
beneficiaries of the program. Therefore, where the Contractor fails to provide the required number of
training hours and has failed to establish why the Contractor was unable to do so, the Contractor will be
assessed an amount equal to the following damages to be deducted from the final progress payment:
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)] = Damages Assessed. The journey
worker scale is that for the skilled craft identified on the contract’s wage decision document.
The Engineer will provide the Contractor with a written Default Notice during acceptance of the project
informing the Contractor of the noncompliance with this specification, in accordance with subsection
108.09, which will include a calculation of the damages to be assessed.
(b) Standard Training Program
If the Contractor is not participating in the Department's Colorado Training Program, the training shall be
provided according to the following in addition to the general requirements outlined above in part (a):
1. 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.
2. Subcontractor trainees who are enrolled in an approved Program may be used by the Contractor to
satisfy the requirements of this specification.
3. At least ten working days prior to the first progress payment to be made after work has begun, the
Contractor shall submit to the Engineer documentation showing DOL or FHWA approval of the
Contractor's training program, a plan that identifies total training hours for each trainee, and the
construction phase for training each of the proposed trainees, including the duration, for this specific
project.
Progress payments may be withheld until this plan is submitted and approved and may be withheld if the
approved plan is not followed.
4. A trainee shall begin work on the project as soon as possible and shall be utilized in accordance with the
applicable training program and as long as meaningful training opportunities exist. It is not required that
all trainees be utilized on the project for the entire length of the Contract.
5. The Contractor will be reimbursed 80 cents per hour for each approved apprentice or trainee required by
the Department.
6. In order to receive reimbursement, the Contractor shall provide on Form 832 the number of training hours
specified in the OJT goal assigned to the project. Reimbursement will be made only for hours worked by
an apprentice or trainee who has been approved by the Department to meet the OJT training
requirement.
7. The OJT goal 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;
April 12, 2007
4
ON THE JOB TRAINING
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;
8. The guidelines for contract dollar value, minimum total training hours, and maximum reimbursement are
as follows:
Category Contract dollar value Minimum total training
hours to be provided
on the project
Maximum
reimbursement
allowed
A Up to 1 million 0 0
B >1 - 2 million 320 $600
C >2 - 4 million 640 $800
D >4 - 6 million 1280 $1400
E >6 - 8 million 1600 $1700
F >8 - 12 million 1920 $2000
G >12 - 16 million 2240 $2,400
H >16 - 20 million 2560 $2,600
I
For each increment of
$5 million, over $20
million
1280 $1400
9. 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 specified in the
Contract in accordance with this specification.
(c) Colorado Training Program.
If the Contractor has a current approved Colorado Training Program plan, the training shall be provided according
to the following in addition to the general requirements outlined in part (a) above when applicable.
1. The Contractor shall comply with the requirements of the Department's procedures as defined in this
specification.
2. If the Contractor has an approved Colorado Training Program, then it shall be exempted from the contract
OJT goal, but not from the requirement to provide training in accordance with the Contractor’s approved
training plan. Contractors shall have an approved Colorado Training Program Plan for the calendar year
to be able to use this option. Contractors who do not have an approved Colorado Training Program Plan
shall comply with the requirements of part (b) of this specification.
3. Each trainee enrolled in the Colorado Training Program will receive a minimum of 1200 hours per year of
on the job training. Up to 200 hours of offsite classroom training can be included in the 1200 hours
minimum. The trainee’s hours per year may be on CDOT or non-CDOT projects.
April 12, 2007
5
ON THE JOB TRAINING
4. At least ten working days prior to the first progress payment to be made after work has begun, the
Contractor shall submit to the Engineer documentation showing DOL or CDOT approval of the
Contractor's training program and proof of good standing in the Colorado Training Program.
5. The Contractor will be reimbursed $4.80 per hour for each approved apprentice or trainee required by the
Department and documented on Form 832, but not more than the OJT Force Account budget unless
approved by the Engineer by Change Order. Of the $4.80 per hour reimbursed to the Contractor, any
amount over $0.80 per hour shall be forwarded by the Contractor to the trade or labor organization(s) or
other CDOT-approved sponsor through which the Contractor obtains its trainees or apprentices (sponsor)
and shall be spent for training and recruitment. The Department will not reimburse for classroom training
or training provided on non-CDOT projects.
The Contractor shall make every effort to enroll minority and female trainees and apprentices from within
the Contractor’s workforce and from the community by recruiting through public and private sources likely
to yield minority and women trainees to the extent which these recruits are available in the geographic
area.
6. The Contractor will be considered in compliance with the requirements of the Colorado Training Program
when the Contractor demonstrates to the Department that it has met the requirements described in this
specification and the Contractor’s approved Colorado Training Program Training Plan.
7. Contractors who are in compliance with the Colorado Training Program will receive hours credit for their
trainees whether they work on a CDOT or a non-CDOT project. Contractors will be reimbursed by CDOT
only for hours worked on CDOT projects.
8. The Contractor shall comply with the affirmative action requirements in their approved Colorado Training
Program Plan.
9. The minimum required number of trainees to be employed by the Contractor shall be as shown in the
Contractor's approved Colorado Training Program Plan.
To be entitled to participate in the Colorado Training Program, the Contractor agrees to a minimum
trainee commitment based on the Contractor’s average annual dollar amount of contracts with CDOT
over the last three calendar years. One trainee is required for every four million dollars of contract work
with the Department. Please refer to the following table for the number of trainees required.
Three Year Average Number of Trainees
$0.00 - $3,999,999 0
$4,000,000 - $7,999,999 1
$8,000,000 - $11,999,999 2
$12,000,000 - $15,999,999 3
$16,000,000 - $19,999,999 4
$20,000,000 - $23,999,999 5
$24,000,000 - $27,999,999 6
$28,000,000 - $31,999,999 7
$32,000,000 - $35,999,999 8
$36,000,000 - $39,999,999 9
$40,000,000 - $43,999,999 10
Etc.
A Contractor or their program sponsor may obtain its three year average by contacting the OJT Manager
at the CDOT Center for Equal Opportunity, 303-757-9234.
10. The Contractor shall have fulfilled its responsibilities described in this special provision if it has remained
in compliance with the Colorado Training Program during the life of the Contract.
August 1, 2005
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.
August 1, 2005
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 subcontrac-
tor or lower tier subcontractor with these Required Contract
Provisions.
3. A breach of any of the stipulations contained in these
Required Contract Provisions shall be sufficient grounds for
termination of the contract.
4. A breach of the following clauses of the Required Contract
Provisions may also be grounds for debarment as provided in 29
CFR 5.12:
Section I, paragraph 2;
Section IV, paragraphs 1, 2, 3, 4, and 7;
Section V, paragraphs 1 and 2a through 2g.
5. Disputes arising out of the labor standards provisions of
Section IV (except paragraph 5) and Section V of these Required
Contract Provisions shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in accor-
dance with the procedures of the U.S. Department of Labor (DOL)
as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of
this clause include disputes between the contractor (or any of its
subcontractors) and the contracting agency, the DOL, or the
contractor's employees or their representatives.
6. Selection of Labor: During the performance of this con-
August 1, 2005
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 employ-
ees by means of meetings, employee handbooks, or other
appropriate means.
4. Recruitment: When advertising for employees, the contrac-
tor will include in all advertisements for employees the notation:
"An Equal Opportunity Employer." All such advertisements will be
placed in publications having a large circulation among minority
groups in the area from which the project work force would
normally be derived.
a. The contractor will, unless precluded by a valid bargain-
ing agreement, conduct systematic and direct recruitment through
public and private employee referral sources likely to yield qualified
minority group applicants. To meet this requirement, the contrac-
tor 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 agree-
ment 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
employee benefits shall be established and administered, and
personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be
taken without regard to race, color, religion, sex, national origin,
age or disability. The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project
sites to insure that working conditions and employee facilities do
not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of
wages paid within each classification to determine any evidence of
discriminatory wage practices.
c. The contractor will periodically review selected personnel
August 1, 2005
4
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
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 provid-
ing for exclusive referral failed to refer minority employees.) In the
event the union referral practice prevents the contractor from
meeting the obligations pursuant to Executive Order 11246, as
amended, and these special provisions, such contractor shall
immediately notify the SHA.
8. Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not discriminate
on the grounds of race, color, religion, sex, national origin, age or
disability in the selection and retention of subcontractors, including
procurement of materials and leases of equipment.
a. The contractor shall notify all potential subcontractors
and suppliers of his/her EEO obligations under this contract.
b. Disadvantaged business enterprises (DBE), as defined in
49 CFR 23, shall have equal opportunity to compete for and
perform subcontracts which the contractor enters into pursuant to
this contract. The contractor will use his best efforts to solicit bids
from and to utilize DBE subcontractors or subcontractors with
meaningful minority group and female representation among their
employees. Contractors shall obtain lists of DBE construction
firms from SHA personnel.
c. The contractor will use his best efforts to ensure 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 reasonable times and places for inspection by autho-
rized representatives of the SHA and the FHWA.
a. The records kept by the contractor shall document the
following:
(1) The number of minority and non-minority group
members and women employed in each work classification on the
project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment opportuni-
ties for minorities and women;
(3) The progress and efforts being made in locating,
hiring, training, qualifying, and upgrading minority and female
employees; and
(4) The progress and efforts being made in securing the
services of DBE subcontractors or subcontractors with meaningful
minority and female representation among their employees.
b. The contractors will submit an annual report to the SHA
each July for the duration of the project, indicating the number of
minority, women, and non-minority group employees currently
engaged in each work classification required by the contract work.
This information is to be reported on Form FHWA-1391. If on-the -
job training is being required by special provision, the contractor
will be required to collect and report training data.
III. NONSEGREGATED FACILITIES
(Applicable to all Federal-aid construction contracts and to all
related subcontracts of $10,000 or more.)
August 1, 2005
5
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
without regard to skill, except as provided in paragraphs 4 and 5 of
this Section IV.
b. Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each
classification for the time actually worked therein, provided, that
the employer's payroll records accurately set forth the time spent
in each classification in which work is performed.
c. All rulings and interpretations of the Davis-Bacon Act and
related acts contained in 29 CFR 1, 3, and 5 are herein 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 classifi-
cation 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 addition-
al 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 appro-
priate, 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 recommenda-
tion of the contracting officer, to the Wage and Hour Administrator
for determination. Said Administrator, or an authorized represen-
tative, 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 appropri-
ate) determined pursuant to paragraph 2c or 2d of this Section IV
shall be paid to all workers performing work in the additional
August 1, 2005
6
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
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 accept-
able 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 performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification by the DOL, Employ-
ment and Training Administration.
(2) The ratio of trainees to journeyman-level employees
on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Any
employee listed on the payroll at a trainee rate who is not 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 perform-
ing 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 Adminis-
tration withdraws approval of a training program, the contractor or
subcontractor will no longer be permitted to utilize trainees at less
than the applicable predetermined rate for the work performed until
an acceptable program is approved.
c. Helpers:
Helpers will be permitted to work on a project if the
helper classification is specified and defined on the applicable
wage determination or is approved pursuant to the conformance
procedure set forth in Section IV.2. Any worker listed on a payroll
at a helper wage rate, who is not a helper under a approved defini-
tion, shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually per-
formed.
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
August 1, 2005
7
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
The contractor shall comply with the Copeland Regulations of
the Secretary of Labor which are herein incorporated by reference.
2. Payrolls and Payroll Records:
a. Payrolls and basic records relating thereto shall be
maintained by the contractor and each subcontractor during the
course of the work and preserved for a period of 3 years from the
date of completion of the contract for all laborers, mechanics,
apprentices, trainees, watchmen, helpers, and guards working at
the site of the work.
b. The payroll records shall contain the name, social
security number, and address of each such employee; his or her
correct classification; hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or
cash equivalent thereof the types described in Section 1(b)(2)(B)
of the Davis Bacon Act); daily and weekly number of hours
worked; deductions made; and actual wages paid. In addition, for
Appalachian contracts, the payroll records shall contain a notation
indicating whether the employee does, or does not, normally
reside in the labor area as defined in Attachment A, paragraph 1.
Whenever the Secretary of Labor, pursuant to Section IV,
paragraph 3b, has found that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated
in providing benefits under a plan or program described in Section
1(b)(2)(B) of the Davis Bacon Act, the contractor and each
subcontractor shall maintain records which show that the commit-
ment 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 submis-
sion 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,
August 1, 2005
8
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
the amount of work required to be performed by the contractor's
own organization (23 CFR 635).
a. "Its own organization" shall be construed to include only
workers employed and paid directly by the prime contractor and
equipment owned or rented by the prime contractor, with or without
operators. Such term does not include employees or equipment of
a subcontractor, assignee, or agent of the prime contractor.
b. "Specialty Items" shall be construed to be limited to work
that requires highly specialized knowledge, abilities, or equipment
not ordinarily available in the type of contracting organizations
qualified and expected to bid on the contract as a whole and in
general are to be limited to minor components of the overall
contract.
2. The contract amount upon which the requirements set forth
in paragraph 1 of Section VII is computed includes the cost of
material and manufactured products which are to be purchased or
produced by the contractor under the contract provisions.
3. The contractor shall furnish (a) a competent superintendent
or supervisor who is employed by the firm, has full authority to
direct performance of the work in accordance with the contract
requirements, and is in charge of all construction operations
(regardless of who performs the work) and (b) such other of its
own organizational resources (supervision, management, and
engineering services) as the SHA contracting officer determines is
necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the 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
contracting officer may determine, to be reasonably necessary to
protect the life and health of employees on the job and the safety
of the public and to protect property in connection with the
performance of the work covered by the contract.
2. It is a condition of this contract, and shall be made a
condition of each subcontract, which the contractor enters into
pursuant to this contract, that the contractor and any subcontractor
shall not permit any employee, in performance of the contract, to
work in surroundings or under conditions which are unsanitary,
hazardous or dangerous to his/her health or safety, as determined
under construction safety and health standards (29 CFR 1926)
promulgated by the Secretary of Labor, in accordance with Section
107 of the Contract Work Hours and Safety Standards Act
(40 U.S.C. 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
August 1, 2005
9
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
2. That the firm agrees to comply and remain in compliance with
all the requirements of Section 114 of the Clean Air Act and
Section 308 of the Federal Water Pollution Control Act and all
regulations and guidelines listed thereunder.
3. That the firm shall promptly notify the SHA of the receipt of any
communication from the Director, Office of Federal Activities, EPA,
indicating that a facility that is or will be utilized for the contract is
under consideration to be listed on the EPA List of Violating
Facilities.
4. That the firm agrees to include or cause to be included the
requirements of paragraph 1 through 4 of this Section X in every
nonexempt subcontract, and further agrees to take such action as
the government may direct as a means of enforcing such require-
ments.
XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
1. Instructions for Certification - Primary Covered Transac-
tions:
(Applicable to all Federal-aid contracts - 49 CFR 29)
a. By signing and submitting this proposal, the prospective
primary participant is providing the certification set out below.
b. The inability of a person to provide the certification set
out below will not necessarily result in denial of participation in this
covered transaction. The prospective participant shall submit an
explanation of why it cannot provide the certification set out below.
The certification or explanation will be considered in connection
with the department or agency's determination whether to enter
into this transaction. However, failure of the prospective primary
participant to furnish a certification or an explanation shall 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 immedi-
ate written notice to the department or agency to whom this
proposal is submitted if any time the prospective primary partici-
pant learns that its certification was erroneous when submitted or
has become erroneous by reason of changed circumstances.
e. The terms "covered transaction," "debarred," "suspend-
ed," "ineligible," "lower tier covered transaction," "participant,"
"person," "primary covered transaction," "principal," "proposal,"
and "voluntarily excluded," as used in this clause, have the
meanings set out in the Definitions and Coverage sections of rules
implementing Executive Order 12549. You may contact the
department or agency to which this proposal is submitted for
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
August 1, 2005
10
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
2. Instructions for Certification - Lower Tier Covered
Transactions:
(Applicable to all subcontracts, purchase orders and other lower
tier transactions of $25,000 or more - 49 CFR 29)
a. By signing and submitting this proposal, the prospective
lower tier is providing the certification set out below.
b. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government,
the department, or agency with which this transaction originated
may pursue available remedies, including suspension and/or
debarment.
c. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant learns
that its certification was erroneous by reason of changed circum-
stances.
d. The terms "covered transaction," "debarred," "suspend-
ed," "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 assistance in obtaining a copy of those regulations.
e. The prospective lower tier participant agrees by submit-
ting 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
Nonprocurement 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
Administrative Services
Purchasing Divison
215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com
ADDENDUM No. 1
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of Bid: 6062 Lemay Right Turn Lane at Mulberry
OPENING DATE: 3:00 P.M. (Our Clock) September 13, 2007
To all prospective bidders under the specifications and contract documents described above,
the following changes are hereby made.
CHANGE:
Revised Addendum 1 Bid Schedule Attached.
Please contact John D. Stephen, CPPO, CPPB, Senior Buyer at (970) 221-6777 with any
questions regarding this addendum.
RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT
ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN
RECEIVED.
8. BASE BID REVISED BID SCHEDULE
ADDENDUM 1
6062 Lemay Right Turn Lane at Mulberry
Item # Item Unit Quantity Unit Cost Total
202-00000 Removal of Structures and Obstructions LS 1
202-00035 Removal of Concrete Pipe LF 99
202-00200 Removal of Sidewalk SY 135
202-00201 Removal of Curb LF 142
202-00210 Removal of Concrete Pavement SY 164
202-00220 Removal of Asphalt Mat SY 98
202-00250 Removal of Pavement Marking SF 381
202-01000 Removal of Fence LF 23
203-01500 Blading HR 8
208-00045 Concrete Washout Structure EACH 1
208-00050 Storm Drain Inlet Protection EACH 5
208-00070 Stabilized Construction Entrance EACH 1
210-01000 Reset Fence LF 236
210-01001 Modify Fence LF 3
210-01700 Reset Sprinkler Head EACH 3
210-01710 Reset Valve EACH 2
210-04010 Adjust Manhole EACH 1
212-00006 Seeding (Native) ACRE 0.2
212-00032 Soil Conditioning ACRE 0.2
213-00003 Mulching (Weed Free) ACRE 0.2
213-00061 Mulch Tackifier LB 40
304-06000 Aggregate Base Course (Class 6) TON 254
403-32821 Hot Mix Asphalt (Grading SG) (100) (PG 58-28) TON 38
403-33851 Hot Mix Asphalt (Grading S) (100) (PG 64-28) TON 38
412-01020 Concrete Pavement (10 Inch) (Fast Track) SY 261
412-01001 Concrete Pavement (10 Inch) (Colored) SY 18
603-01150 15 Inch Reinforced Concrete Pipe LF 55
603-05015 15 Inch Reinforced Concrete End Section EACH 6
608-00006 Concrete Sidewalk (6 Inch) SY 94
608-00010 Concrete Curb Ramp SY 29
609-21010 Curb and Gutter Type II (Section I-B) LF 111
609-21020 Curb and Gutter Type II (Section II-B) LF 482
609-24002 Gutter Type II (2 Foot) LF 176
610-00030 Median Cover Material (Concrete) SF 1,354
626-00000 Mobilization LS 1
630-10005 Traffic Control LS 1
700-70010 F/A Minor Contract Revisions FA 1 $10,000.00 $10,000.00
Dollars
700-70016 F/A Fuel Cost Adjustment FA 1 $1,500.00 $1,500.00
700-70021 F/A On-The-Job Trainee HOUR 0 $0.00 $0.00
700-70022 F/A OJT Colorado Training Program FA 1 $150.00 $150.00
700-70380 F/A Erosion Control FA 1 $1,000.00 $1,000.00
Dollars
COMPANY NAME
SIGNATURE
PRINTED NAME
DATE
TITLE
Total Bid Cost in Words: _________________________________________________________________
Total Bid Cost
(For Performance and Payment Bonds)
Total Cost in Words: ____________________________________________________________________
Total Bid Cost
Force Account
Total Contract Cost
Administrative Services
Purchasing Divison
215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com
ADDENDUM No. 2
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of Bid: 6062 Lemay Right Turn Lane at Mulberry
OPENING DATE: 3:00 P.M. (Our Clock) September 20, 2007
To all prospective bidders under the specifications and contract documents described above,
the following changes are hereby made.
CHANGE:
• OPENING DATE: 3:00 P.M. (Our Clock) September 20, 2007
• Contractors must submit form 714 (UDBE) and 606 Anti-Collusion Affidavit.
• Form 606 and 714 (attached)
Please contact John D. Stephen, CPPO, CPPB, Senior Buyer at (970) 221-6777 with any
questions regarding this addendum.
RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT
ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN
RECEIVED.
Date
2nd contractor's firm or company name. (If joint venture.) By Date
Contractor's firm or company name By
Title
Title
Sworn to before me this day of, 20
NOTE: This document must be signed in ink.
Notary Public
My commission expires
CDOT Form #606 1/02
COLORADO DEPARTMENT OF TRANSPORTATION
ANTI-COLLUSION AFFIDAVIT
PROJECT NO.
LOCATION
I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this
bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on
his or her behalf and on behalf of my firm.
I further attest that:
1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or
agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder
or potential prime bidder.
2A. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or
potential prime bidder on this project, and will not be so disclosed prior to bid opening.
2B. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on
this project have been disclosed to me or my firm.
3A. No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to
refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-
competitive bid or other form of complementary bid.
3B. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder
on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project.
4. The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or
discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom-
petitive or other form of complementary bid.
5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or
services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person,
whether in connection with this or any other project, in consideration for an agreement or promise by any firm or
person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid
or agreeing or promising to do so on this project.
6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or
services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person,
whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high,
noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project.
7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities
relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of
them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or
other conduct inconsistent with any of the statements and representations made in this affidavit.
8. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent
concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this
contract.
I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND 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.
Project No.:
COLORADO DEPARTMENT OF TRANSPORTATION
UNDERUTILIZED DBE (UDBE) BID
CONDITIONS ASSURANCE Location:
Instructions: Contractor – Complete and submit this form with your bid. Report only Underutilized DBE (UDBE) participation percentages which
qualify under the contract goal specification for this project.
POLICY
It is the policy of the Colorado Department of Transportation that underutilized disadvantaged business enterprises have maximum opportunity to
participate in the performance of contracts financed with federal, state or local entity funds.
UNDERUTILIZED DBE PARTICIPATION COMMITMENT
1) Will your company’s Underutilized DBE (UDBE) participation commitment meet contract goals? Yes No
2) Total eligible Underutilized DBE (UDBE) percentage amount from Box A below: . %
3) List the UDBE firms, committed work items, and eligible UDBE percent of your bid that you are committing to each
UDBE FIRM NAME CERTIFICATION
EXP. DATE
COMMITTED
WORK ITEM(S)
SUBCONTRACT
CATEGORY
ELIGIBLE
UDBE % *
1. / /
Subcontractor
Supplier Broker
. %
2. / /
Subcontractor
Supplier Broker
. %
3. / /
Subcontractor
Supplier Broker
. %
4. / /
Subcontractor
Supplier Broker
. %
5. / /
Subcontractor
Supplier Broker
. %
6. / /
Subcontractor
Supplier Broker
. %
BOX A: TOTAL ELIGIBLE UDBE PERCENTAGE AMOUNT:
(Round percentage amounts to the nearest hundredth) . %
* Additional instructions on how to calculate the actual eligible amounts and percentages for the subcontractor, supplier, and broker categories
are available on the 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 on this form to the
Transportation Department by 4:00 pm the day after the bids are opened. The actual amounts submitted on each CDOT Form
#715 must equal or exceed the 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 the above stated deadline. 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. 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.
SECTION 00300
BID FORM
7/96 Section 00300 Page 1
SECTION 00300
BID FORM
PROJECT:6062 Lemay Right Turn Lane at Mulberry
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 is 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 .
7/96 Section 00300 Page 2
8. Base Bid
Item # Item Unit Quantity Unit Cost Total
202-00000 Removal of Structures and Obstructions LS 1
202-00035 Removal of Concrete Pipe LF 99
202-00200 Removal of Sidewalk SY 135
202-00201 Removal of Curb LF 142
202-00210 Removal of Concrete Pavement SY 164
202-00220 Removal of Asphalt Mat SY 98
202-00250 Removal of Pavement Marking SF 381
202-01000 Removal of Fence LF 23
203-01500 Blading HR 8
208-00045 Concrete Washout Structure EACH 1
208-00050 Storm Drain Inlet Protection EACH 5
208-00070 Stabilized Construction Entrance EACH 1
210-01000 Reset Fence LF 236
210-01001 Modify Fence LF 3
210-01700 Reset Sprinkler Head EACH 3
210-01710 Reset Valve EACH 2
210-04010 Adjust Manhole EACH 1
212-00006 Seeding (Native) ACRE 0.2
212-00032 Soil Conditioning ACRE 0.2
213-00003 Mulching (Weed Free) ACRE 0.2
213-00061 Mulch Tackifier LB 40
304-06000 Aggregate Base Course (Class 6) TON 254
403-32821 Hot Mix Asphalt (Grading SG) (100) (PG 58-28) TON 38
403-33851 Hot Mix Asphalt (Grading S) (100) (PG 64-28) TON 38
412-01020 Concrete Pavement (10 Inch) (Fast Track) SY 261
412-01001 Concrete Pavement (10 Inch) (Colored) SY 18
603-01150 15 Inch Reinforced Concrete Pipe LF 55
603-05015 15 Inch Reinforced Concrete End Section EACH 6
608-00006 Concrete Sidewalk (6 Inch) SY 94
608-00010 Concrete Curb Ramp SY 29
609-21010 Curb and Gutter Type II (Section I-B) LF 111
609-21020 Curb and Gutter Type II (Section II-B) LF 482
609-24002 Gutter Type II (2 Foot) LF 176
610-00030 Median Cover Material (Concrete) SF 1,354
626-00000 Mobilization LS 1
630-10005 Traffic Control LS 1
7/96 Section 00300 Page 3
700-70010 F/A Minor Contract Revisions FA 1
700-70016 F/A Fuel Cost Adjustment FA 1
700-70021 F/A On-The-Job Trainee HOUR 0
700-70022 F/A OJT Colorado Training Program FA 1
700-70380 F/A Erosion Control FA 1
Total Cost
Total Cost in Words:
_____________________________________________________________________________________ Dollars
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.
10. ACCEPTANCE OF FUEL COST ADJUSTMENTS:
Bidders have the option to accept Fuel Cost Adjustments in accordance
with the Revision of Section 109 - Fuel Cost Adjustment. To accept this
standard special provision, the bidder must fill in an "X" next to "YES"
below. No Fuel Cost Adjustment will be made due to fuel cost changes for
bidders who answer "NO". If neither line is marked, the Department will
assume the bidder rejects Fuel Cost Adjustments for this project. After
bids are submitted, bidders will not be given any other opportunity to
accept or reject this adjustment.
(Mark only one line with an "X"):
____ YES, I choose to accept Fuel Cost Adjustments for this project
____ NO, I choose NOT to accept Fuel Cost Adjustments for this project
(if neither line is marked, the default is "NO", I choose NOT to accept
Fuel Cost Adjustments for this project
7/96 Section 00300 Page 4
RESPECTFULLY SUBMITTED:
_______________________________________
CONTRACTOR
BY:___________________________________
________________________________ __________________
Signature Date
________________________________
Title
________________________________
License Number (If Applicable)
(Seal - if Bid is by corporation)
Attest:___________________________
Address _____________________________________
_____________________________________
Telephone _____________________________________
Email _____________________________________
7/96 Section 00410 Page 1
SECTION 00400
SUPPLEMENTS TO BID FORMS
00410 Bid Bond
00420 Statement of Bidder's Qualifications
00430 Schedule of Subcontractors
7/96 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, 6062 Lemay Right Turn Lane at Mulberry.
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.
7/96 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)
7/96 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._________________________________________
7/96 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?_____________________________________________________________
20. Are any lawsuits pending against you or your firm at this time?__________
IF yes, DETAIL___________________________________________________________
_________________________________________________________________________
7/96 Section 00420 Page 3
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 _____________________________.
7/96 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
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
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______________________________ _______________________________
I DECLARE UNDER PENALITY 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:
Previous editions may not be used CDOT Form 714 08/04
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 prospec-
tive 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 submit-
ting this bid or proposal, to the best of his or her knowledge and
belief, that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any
Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or attempt-
ing 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.
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
nonprocurement portion of the "Lists of Parties Excluded From
Federal Procurement or Nonprocurement Programs" (Nonprocure-
ment List) which is compiled by the General Services Administra-
tion.
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.
* * * * *
inspect or investigate the matter of compliance with the construc-
tion safety and health standards and to carry out the duties of the
Secretary under Section 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 333).
IX. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made by
engineers, contractors, suppliers, and workers on Federal-aid
highway projects, it is essential that all persons concerned with the
project perform their functions as carefully, thoroughly, and
honestly as possible. Willful falsification, distortion, or misrepre-
sentation with respect to any facts related to the project is a
violation of Federal law. To prevent any misunderstanding
regarding the seriousness of these and similar acts, the following
notice shall be posted on each Federal-aid highway project (23
CFR 635) in one or more places where it is readily available to all
persons concerned with the project:
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID
HIGHWAY PROJECTS
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether a person,
association, firm, or corporation, knowingly makes any false
statement, false representation, or false report as to the character,
quality, quantity, or cost of the material used or to be used, or the
quantity or quality of the work performed or to be performed, or the
cost thereof in connection with the submission of plans, maps,
specifications, contracts, or costs of construction on any highway
or related project submitted for approval to the Secretary of
Transportation; or
Whoever knowingly makes any false statement, false represen-
tation, false report or false claim with respect to the character,
quality, quantity, or cost of any work performed or to be performed,
or materials furnished or to be furnished, in connection with the
construction of any highway or related project approved by the
Secretary of Transportation; or
Whoever knowingly makes any false statement or false repre-
sentation as to material fact in any statement, certificate, or report
submitted pursuant to provisions of the Federal-aid Roads Act
approved July 21, 1916, (39 Stat. 355), as amended and supple-
mented;
Shall be fined not more that $10,000 or imprisoned not more
than 5 years or both."
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
(Applicable to all Federal-aid construction contracts and to all
related subcontracts of $100,000 or more.)
By submission of this bid or the execution of this contract, or
subcontract, as appropriate, the bidder, Federal-aid construction
contractor, or subcontractor, as appropriate, will be deemed to
have stipulated as follows:
1. That any facility that is or will be utilized in the performance of
this contract, unless such contract is exempt under the Clean Air
Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub.L.
91-604), and under the Federal Water Pollution Control Act, as
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.
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 equiva-
lent for the classification of worked performed, as specified in the
applicable wage determination incorporated into the contract.
e. The weekly submission of a properly executed certifica-
tion 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
percentage 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
wage rates for apprentices and trainees under such programs will
be established by the particular programs. The ratio of apprentic-
es and trainees to journeymen shall not be greater than permitted
by the terms of the particular program.
6. Withholding:
The SHA shall upon its own action or upon written request
of an authorized representative of the DOL withhold, or cause to
be withheld, from the contractor or subcontractor under this
contract or any other Federal contract with the same prime
contractor, or any other Federally-assisted contract subject to
Davis-Bacon prevailing wage requirements which is held by the
same prime contractor, as much of the accrued payments or
advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees, and helpers, 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, em-
ployed 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 paragraph 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):
classification from the first day on which work is performed in the
classification.
3. Payment of Fringe Benefits:
a. Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contractor or
subcontractors, as appropriate, shall either pay the benefit as
stated in the wage determination or shall pay another bona fide
fringe benefit or an hourly case equivalent thereof.
b. If the contractor or subcontractor, as appropriate, does
not make payments to a trustee or other third person, he/she may
consider as a part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona fide
fringe benefits under a plan or program, provided, that the 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
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, as appropriate, certifies that the firm does not maintain or
provide for its employees any segregated facilities at any of its
establishments, and that the firm does not permit its employees to
perform their services at any location, under its control, where
segregated facilities are maintained. The firm agrees that a
breach of this certification is a violation of the EEO provisions of
this contract. The firm further certifies that no employee will be
denied access to adequate facilities on the basis of sex or
disability.
b. As used in this certification, the term "segregated facilities"
means any waiting rooms, work areas, restrooms and washrooms,
restaurants and other eating areas, timeclocks, locker rooms, and
other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, 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,
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 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
complaints, and will take appropriate corrective action within a
reasonable time. If the investigation indicates that the discrimina-
tion may affect persons other than the complainant, such correc-
tive 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., appren-
ticeship, and on-the-job training programs for the geographical
area of contract performance. Where feasible, 25 percent of
apprentices or trainees in each occupation shall be in their first
year of apprenticeship or training. In the event a special provision
for training is provided under this contract, this subparagraph will
be superseded as indicated in the special provision.
c. The contractor will advise employees and applicants for
employment of available training programs and entrance require-
ments for each.
d. The contractor will periodically review the training and
promotion potential of minority group and women employees and
will encourage eligible employees to apply for such training and
promotion.
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use his/her
best efforts to obtain the cooperation of such unions to increase
opportunities for minority groups and women within the unions,
and to effect referrals by such unions of minority and female
employees. Actions by the contractor either directly or through a
contractor's association acting as agent will include the procedures
set forth below:
a. The contractor will use best efforts to develop, in
cooperation with the unions, joint training programs aimed toward
qualifying more minority group members and women for member-
ship in the unions and increasing the skills of minority group
employees and women so that they may qualify for higher paying
employment.
b. The contractor will use best efforts to incorporate an EEO
clause into each union agreement to the end that such union will
be contractually bound to refer applicants without regard to their
race, color, religion, sex, national origin, age or disability.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the extent
such information is within the exclusive possession of the labor
union and such labor union refuses to furnish such information to
the contractor, the contractor shall so certify to the SHA and shall
set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the 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,
tract, the contractor shall not:
a. discriminate against labor from any other State, posses-
sion, or territory of the United States (except for employment
preference for Appalachian contracts, when applicable, as
specified in Attachment A), or
b. employ convict labor for any purpose within the limits of
the project unless it is labor performed by convicts who are on
parole, supervised release, or probation.
II. NONDISCRIMINATION
(Applicable to all Federal-aid construction contracts and to all
related subcontracts of $10,000 or more.)
1. Equal Employment Opportunity: Equal employment
opportunity (EEO) requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth under
laws, executive orders, rules, regulations (28 CFR 35, 29 CFR
1630 and 41 CFR 60) and orders of the Secretary of Labor as
modified by the provisions prescribed herein, and imposed
pursuant to 23 U.S.C. 140 shall constitute the EEO and specific
affirmative action standards for the contractor's project activities
under this contract. The Equal Opportunity Construction Contract
Specifications set forth under 41 CFR 60-4.3 and the provisions of
the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set
forth under 28 CFR 35 and 29 CFR 1630 are incorporated by
reference in this contract. In the execution of this contract, the
contractor agrees to comply with the following minimum specific
requirement activities of EEO:
a. The contractor will work with the State highway agency
(SHA) and the Federal Government in carrying out EEO obliga-
tions 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
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
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. 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 PENALITY 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:
Previous editions may not be used CDOT Form 714 1/06
°C, @ 1 mm/min., where failure
strain ≥ 1.0 %
-18 -24 -12 -18 -18 T 314
**Direct tension measurements are required when needed to show conformance to AASHTO M
320.
Voids Filled with Asphalt (VFA), % AI MS-2 65-75 65-75
Dust to Asphalt Ratio
Fine Gradation
Coarse Gradation
CP 50
0.6 - 1.2
0.8 - 1.6
0.6 - 1.2
0.8 - 1.6
Note: AI MS-2 = Asphalt Institute Manual Series 2
Note: The current version of CPL 5115 is available from the Region Materials Engineer.
Note: Mixes with gradations having less than 40% passing the 4.75 mm (No. 4) sieve shall be approached
with caution because of constructability problems.
Note: Gradations for mixes with a nominal maximum aggregate size of one-inch or larger are considered
a coarse gradation if they pass below the maximum density line at the #4 screen.
Gradations for mixes with a nominal maximum aggregate size of ¾ inch or smaller are considered a
coarse gradation if they pass below the maximum density line at the #8 screen.