HomeMy WebLinkAboutBID - 7535 GRADE SEPARATED CROSSING AT NRRC (2)Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
GRADE SEPARATED CROSSING AT NRRC
BID NO. 7535
PURCHASING DIVISION
215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS
AUGUST 13 – 3:00 P.M. (OUR CLOCK)
CONTRACT DOCUMENTS TABLE OF CONTENTS
Section Pages
BID INFORMATION
00020 Notice Inviting Bids 00020-1 - 00020-2
00100 Instruction to Bidders 00100-1 - 00100-9
00300 Bid Form 00300-1 - 00300-3
00400 Supplements to Bid Forms 00400-1
00410 Bid Bond 00410-1 - 00410-2
00420 Statements of Bidders Qualifications 00420-1 - 00420-3
00430 Schedule of Major Subcontractors 00430-1
CONTRACT DOCUMENTS
00500 Agreement Forms 00500-1
00510 Notice of Award 00510-0
00520 Agreement 00520-1 - 00520-6
00530 Notice to Proceed 00530-1
00600 Bonds and Certificates 00600-1
00610 Performance Bond 00610-1 - 00610-2
00615 Payment Bond 00615-1 - 00615-2
00630 Certificate of Insurance 00630-1
00635 Certificate of Substantial Completion 00635-1
00640 Certificate of Final Acceptance 00640-1
00650 Lien Waiver Release (Contractor) 00650-1 - 00650-2
00660 Consent of Surety 00660-1
00670 Application for Exemption Certificate 00670-1 - 00670-2
CONDITIONS OF THE CONTRACT
00700 General Conditions 00700-1 - 00700-34
Exhibit GC-A GC-A1 - GC-A2
00800 Supplementary Conditions 00800-1 - 00800-2
00900 Addenda, Modifications, and Payment 00900-1
00950 Contract Change Order 00950-1 - 00950-2
00960 Application for Payment 00960-1 - 00960-4
SPECIFICATIONS
SOILS REPORT
SECTION 00020
INVITATION TO BID
SECTION 00020
INVITATION TO BID
Date: July 16, 2013
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 August 13, for the Grade
Separated Crossing at NRRC; BID NO. 7535. If delivered, they are to be delivered to 215
North Mason Street, 2nd Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is
P. O. Box 580, Fort Collins, CO 80522-0580.
At said place and time, and promptly thereafter, all Bids that have been duly received will be
publicly opened and read aloud.
The Contract Documents provide for the construction of 7535 Grade Separated Crossing at
NRRC. The Work includes installation of a new pedestrian overpass steel bridge on top of
previously constructed piers and installing architectural treatments and lighting to the overpass.
This is a Federally funded project and the UDBE goal is 4.0%.
Contractors must turn in CDOT Bidding forms 606 and 714 with the bid. Bids will not be
accepted if these forms are not included.
All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins,
215 North Mason St., 2nd floor, Fort Collins, Colorado 80524.
The City encourages all disadvantaged business enterprises to submit bid in response to all
invitations and will not be discriminated against on the grounds of race, color, national origin.
A prebid conference and job walk with representatives of prospective Bidders will be
held at 10:00 AM, on July 30, 2013, in the Community Room located at 215 N Mason
Street, Fort Collins.
Prospective Bidders are invited to present their questions relative to this Bid proposal at this
meeting.
The Contract Documents and Construction Drawings may be examined online at:
City of Fort Collins BuySpeed: https://www.fcgov.com/eprocurement
Bids will be received as set forth in the Bidding Documents.
The Work is expected to be commenced within the time as required by Section 2.3 of General
Conditions. Substantial Completion of the Work is required as specified in the Agreement.
The successful Bidder will be required to furnish a Performance Bond and a Payment Bond
guaranteeing faithful performance and the payment of all bills and obligations arising from the
performance of the Contract.
No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening
Bids.
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
Gerry S. Paul
Purchasing & Risk Management Director
SECTION 00100
INSTRUCTIONS TO BIDDERS
SECTION 00100
INSTRUCTIONS TO BIDDERS
1.0 DEFINED TERMS
Terms used in these Instructions to Bidders which are defined in the Standard General
Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings
assigned to them in the General Conditions. The term "Bidder" means one who submits
a Bid to OWNER, as distinct from a sub-bidder, who submits a Bid to Bidder. The terms
"Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to
whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an
award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid,
Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including
all Addenda issued prior to receipt of Bids).
2.0 COPIES OF BIDDING DOCUMENTS
2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation
to Bid. No partial sets will be issued. The Bidding Documents may be examined
at the locations identified in the Invitation to Bid.
2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither
OWNER nor Engineer assumes any responsibility for errors or misinterpretations
resulting from the use of incomplete sets of Bidding Documents.
2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and
00430 fully executed.
2.4. OWNER and Engineer, in making copies of Bidding Documents available on the
above terms, do so only for the purpose of obtaining Bids on the Work and do not
confer a license or grant for any other use.
3.0 QUALIFICATION OF BIDDERS
3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at
the time of the Bid opening, a written statement of qualifications including
financial data, a summary of previous experience, previous commitments and
evidence of authority to conduct business in the jurisdiction where the Project is
located. Each Bid must contain evidence of Bidder's qualification to do business
in the state where the Project is located or covenant to obtain such qualification
prior to award of the contract. The Statement of Qualifications shall be prepared
on the form provided in Section 00420.
3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in
determining whether a bidder is responsible, the following shall be considered:
(1) The ability, capacity and skill of the bidder to perform the contract or provide
the services required, (2) whether the bidder can perform the contract or provide
the service promptly and within the time specified without delay or interference,
(3) the character, integrity, reputation, judgment, experience and efficiency of the
bidder, (4) the quality of the bidder's performance of previous contracts or
services, (5) the previous and existing compliance by the bidder with laws and
ordinances relating to the contract or service, (6) the sufficiency of the financial
resources and ability of the bidder to perform the contract or provide the service,
(7) the quality, availability and adaptability of the materials and services to the
particular use required, (8) the ability of the bidder to provide future maintenance
and service for the use of the subject of the contract, and (9) any other
circumstances which will affect the bidder's performance of the contract.
3.3. Each Bidder may be required to show that he has handled former Work so that
no just claims are pending against such Work. No Bid will be accepted from a
Bidder who is engaged on any other Work which would impair his ability to
perform or finance this Work.
3.4 No Bidder shall be in default on the performance of any other contract with the
City or in the payment of any taxes, licenses or other monies due to the City.
4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE
4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the
Contract Documents thoroughly, (b) visit the site to familiarize himself with local
conditions that may in any manner affect cost, progress or performance of the
Work, (c) familiarize himself with federal, state and local laws, ordinances, rules
and regulations that may in any manner affect cost, progress or performance of
the Work, (d) study and carefully correlate Bidder's observations with the
Contract Documents, and (e) notify Engineer of all conflicts, errors or
discrepancies in the Contract Documents.
4.2. Reference is made to the Supplementary Conditions for identification of:
Subsurface and Physical Conditions SC-4.2.
4.3. The submission of a Bid will constitute an incontrovertible representation by
Bidder that Bidder has complied with every requirement of this Article 4, that
without exception the Bid is premised upon performing and furnishing the Work
required by the Contract Documents and such means, methods, techniques,
sequences or procedures of construction as may be indicated in or required by
the Contract Documents, and that the Contract Documents are sufficient in scope
and detail to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
5.0 INTERPRETATIONS AND ADDENDA.
5.1. All questions about the meaning or intent of the Bidding Documents are to be
submitted in writing to the Engineer and the OWNER. Interpretation or
clarifications considered necessary in response to such questions will be issued
only by Addenda. Questions received less than seven days prior to the date for
opening of the Bids may not be answered. Only questions answered by formal
written Addenda will be binding. Oral and other interpretations or clarifications
will be without legal effect.
5.2. All questions concerning the scope of this project should be directed to the
Engineer. Questions regarding submittal of bids should be directed to the City of
Fort Collins' Purchasing Division.
5.3. Addenda may also be issued to modify the Bidding Documents as deemed
advisable by OWNER or Engineer.
5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as
having received the Bidding documents.
6.0 BID SECURITY
6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the
amount stated in the Invitation to Bid. The required security must be in the form
of a certified or bank cashier's check payable to OWNER or a Bid Bond on the
form enclosed herewith. The Bid Bond must be executed by a surety meeting
the requirements of the General Conditions for surety bonds.
6.2. The Bid Security of the successful Bidder will be retained until such Bidder has
executed the Agreement and furnished the required contract security, whereupon
Bid Security will be returned. If the successful Bidder fails to execute and deliver
the Agreement and furnish the required contract security within 15 days of the
Notice of Award, OWNER may annul the Notice of Award and the Bid Security of
that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER
believes to have reasonable chance receiving the award may be retained by
OWNER until the earlier of the seventh day after the effective date of the
Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security
furnished by such Bidders will be returned. Bid Security with Bids which are not
competitive will be returned within seven days after the Bid opening.
7.0 CONTRACT TIME.
The number of days within which, or the date by which the Work is to be substantially
complete and also completed and ready for Final Payment (the Contract Times) are set
forth in the Agreement.
8.0 LIQUIDATED DAMAGES.
Provisions for liquidated damages are set forth in the Agreement.
9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT
The Contract, if awarded, will be on the basis of material and equipment described on
the Drawings or specified in the Specifications without consideration of possible
substitute or "or equal" items. If a specific product type or brand of material or
equipment is indicated on the drawings or specified in the specifications, three types of
such product will be listed and the bidder may use anyone of the three or an approved
equal, if the equal is acceptable to the engineer. The procedure for submittal of any
such application by CONTRACTOR and consideration by Engineer is set forth in the
General Conditions which may be supplemented in the General Requirements.
10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS
10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal
subcontractors he proposes to use in the Work. Refer to Section 00430
contained within these Documents.
10.2. If OWNER or Engineer after due investigation has reasonable objection to any
proposed Subcontractor, either may, before the Notice of Award is given, request
the apparent successful Bidder to submit an acceptable substitute without an
increase in Bid price. If the apparent successful Bidder declines to make any
substitution, OWNER may award the contract to the next lowest responsive and
responsible Bidder that proposes to use acceptable subcontractors.
Subcontractors, suppliers, other persons or organization listed and to whom
OWNER or Engineer does not make written objection prior to the giving of the
Notice of Award will be deemed acceptable to OWNER and ENGINEER subject
to revocation of such acceptance after the effective date of the Agreement as
provided in the General Conditions.
10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or
other persons or organizations against whom he has reasonable objection. The
use of subcontractors listed by the Bidder and accepted by OWNER prior to the
Notice of Award will be required in the performance of the Work.
11.0 BID FORM.
11.1. A copy of the Bid Form is bound in the Contract Documents which may be
retained by the Bidder. A separate unbound copy is enclosed for submission
with the Bid.
11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form
must be stated in words and numerals; in case of conflict, words will take
precedence. Unit prices shall govern over extensions of sums.
11.3. Bids by corporations must be executed in the corporate name by the president or
a vice-president (or other appropriate officer accompanied by evidence of
authority to sign) and the corporate seal shall be affixed and attested by the
secretary or an assistant secretary. The corporate address and state of
incorporation shall be shown below the corporate name.
11.4. Bids by partnerships must be executed in the partnership name and signed by a
partner, his title must appear under his signature and the official address of the
partnership must be shown below the signature.
11.5. Bids by joint venture shall be signed by each participant in the joint venture or by
an authorized agent of each participant. The full name of each person or
company interested in the Bid shall be listed on the Bid Form.
11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the
numbers of which must be filled in on the Bid Form).
11.7. No alterations in Bids, or in the printed forms therefore, by erasures,
interpolations, or otherwise will be acceptable unless each such alteration is
signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to
identify any alteration so initialed.
11.8. The address and telephone number for communications regarding the Bid shall
be shown.
12.0 BID PRICING.
Bids must be priced as set forth in the Bid Schedule or Schedules.
13.0 SUBMISSION OF BIDS.
13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and
shall be enclosed in an opaque sealed envelope marked with the Project title, Bid
No., and name and address of the Bidder and accompanied by the Bid Security,
Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of
Subcontractors as required in Section 00430. If the Bid is sent through the mail
or other delivery system, the sealed envelope shall be enclosed in a separate
envelope with the notation "BID ENCLOSED" on the face of it.
13.2. Bids shall be deposited at the designated location prior to the time and date for
receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by
addendum. Bids received after the time and date for receipt of Bids will be
returned unopened. Bidder shall assume full responsibility for timely delivery at
the location designated for receipt of Bids.
13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive
consideration.
13.4. No Bidder may submit more than one Bid. Multiple Bids under different names
will not be accepted from one firm or association.
14.0 MODIFICATION AND WITHDRAWAL OF BIDS.
14.1. Bids may be modified or withdrawn by an appropriate document duly executed
(in a manner that a Bid must be executed) and delivered to the place where Bids
are to be submitted at any time prior to the opening of Bids.
14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized
representative provided he can prove his identity and authority at any time prior
to the opening of Bids.
14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of
Bids provided that they are then fully in conformance with these Instructions to
Bidders.
15.0 OPENINGS OF BIDS.
Bids will be opened and (unless obviously non-responsive) read aloud publicly as
indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major
alternates (if any) will be made available after the opening of Bids.
16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE.
All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but
OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to
that date.
17.0 AWARD OF CONTRACT.
17.1. OWNER reserves the right to reject any and all Bids, to waive any and all
informalities not involving price, time or changes in the Work, to negotiate
contract terms with the Successful Bidder, and the right to disregard all
nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER
reserves the right to reject the Bid of any Bidder if OWNER believes that it would
not be in the best interest of the Project to make an award to that Bidder, whether
because the Bid is not responsive or the Bidder is unqualified or of doubtful
financial ability or fails to meet any other pertinent standard or criteria established
by OWNER. Discrepancies between the indicated sum of any column of figures
and the correct sum thereof will be resolved in favor of the correct sum.
17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders,
whether or not the Bids comply with the prescribed requirements, and such
alternates, unit prices and other data, as may be requested in the Bid Form or
prior to the Notice of Award.
17.3. OWNER may consider the qualification and experience of Subcontractors,
Suppliers, and other persons and organizations proposed for those portions of
the Work as to which the identity of Subcontractors, Suppliers, and other persons
and organizations is submitted as requested by OWNER. OWNER also may
consider the operating costs, maintenance requirements, performance data and
guarantees of major items of materials and equipment proposed for incorporation
in the Work when such data is required to be submitted prior to the Notice of
Award.
17.4. OWNER may conduct such investigations as OWNER deems necessary to
assist in the evaluation of any Bid and to establish the responsibility,
qualifications and financial ability of the Bidder's proposed Subcontractors,
Suppliers and other persons and organizations to do the Work in accordance
with the Contract Documents to OWNER's satisfaction within the prescribed time.
17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and
responsible Bidder whose evaluation by OWNER indicates to OWNER that the
award will be in the best interest of the OWNER. Award shall be made on the
evaluated lowest base bid excluding alternates. The basis for award shall be the
lowest Bid total for the Schedule or, in the case of more than one schedule, for
sum of all schedules. Only one contract will be awarded.
17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice
of Award within forty-five (45) days after the date of the Bid opening.
18.0 CONTRACT SECURITY.
The General Conditions and the Supplementary Conditions set forth OWNER's
requirements as to performance and other Bonds. When the Successful Bidder delivers
the executed Agreement to the OWNER, it shall be accompanied by the required
Contract Security.
19.0 SIGNING OF AGREEMENT.
When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied
by the required number of unsigned counterparts of the Agreement with all other written
Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall
sign and deliver the required number of counterparts of the Agreement and attached
documents to OWNER with the required Bonds. Within ten (10) days thereafter,
OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart
is to be accompanied by a complete set of the Drawings with appropriate identification.
20.0 TAXES.
OWNER is exempt from Colorado State Sales and Use Taxes on materials and
equipment to be incorporated in the Work. Said taxes shall not be included in the
Contract Price. Reference is made to the General and Supplementary Conditions.
21.0 RETAINAGE.
Provisions concerning retainage are set forth in the Agreement.
22.0 COLLUSIVE OR SHAM BIDS.
Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be
rejected and reported to authorities as such. Your authorized signature of this Bid
assures that such Bid is genuine and is not a collusive or sham Bid.
23.0 BID RESULTS.
For information regarding results for individual Bids send a self-addressed, self-stamped
envelope and a Bid tally will be mailed to you. Bid results will be posted in the
Purchasing office seven (7) days after the Bid Opening.
END OF SECTION
SECTION 00300
BID FORM
SECTION 00300
BID FORM
PROJECT: 7535 Grade Separated Crossing at NRRC
Place
Date
1. In compliance with your Invitation to Bid dated __, 20__ and subject to all
conditions thereof, the undersigned a (Corporation,
Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to
do business in the State of Colorado hereby proposes to furnish and do everything
required by the Contract Documents to which this refers for the construction of all items
listed on the following Bid Schedule or Bid Schedules.
2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in
good faith, without collusion or connection with any other person or persons Bidding for
the same Work, and that it is made in pursuance of and subject to all the terms and
conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the
detailed Specifications, and the Drawings pertaining to the Work to be done, all of which
have been examined by the undersigned.
3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum
of _____________________________________________________
($ ___) in accordance with the Invitation to Bid and Instructions to Bidders.
4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and
a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days
from the date when the written notice of the award of the contract is delivered to him at
the address given on this Bid. The name and address of the corporate surety with which
the Bidder proposes to furnish the specified performance and payment bonds are as
follows: _________________________________________________________.
5. All the various phases of Work enumerated in the Contract Documents with their
individual jobs and overhead, whether specifically mentioned, included by implication or
appurtenant thereto, are to be performed by the CONTRACTOR under one of the items
listed in the Bid Schedule, irrespective of whether it is named in said list.
6. Payment for Work performed will be in accordance with the Bid Schedule or Bid
Schedules subject to changes as provided in the Contract Documents.
7. The undersigned Bidder hereby acknowledges receipt of Addenda No.
_______through .
8. BID SCHEDULE (Base Bid)
ITEM NO. ITEM DESCRIPTION UNIT UNIT COST QUANTITY ITEM COST
201 CLEARING AND GRUBBING L S 1 $ -
202 REMOVAL OF FENCE (MESH ONLY) LF 608 $ -
208 CONCRETE WASHOUT STRUCTURE EA 1 $ -
240 WILDLIFE BIOLOGIST HR 2 $ -
240 REMOVAL OF NESTS HR 4 $ -
509 STRUCTURAL STEEL (GALVANIZED) LB 400 $ -
513 BRIDGE DRAIN (8 INCH) EA 4 $ -
514 PEDESTRIAN RAILING (STEEL) LF 20 $ -
601 CONCRETE CLASS D (BRIDGE) CY 52 $ -
607 FENCE (SPECIAL) SF 4112 $ -
607 WIRE MESH SF 3800 $ -
613 1 INCH ELECTRICAL CONDUIT LF 220 $ -
613 2 INCH ELECTRICAL CONDUIT LF 430 $ -
613 LUMINAIRE METAL HALIDE (250 WATT) EA 11 $ -
613 WIRING LS 1 $ -
620 SANITARY FACILITY EA 1 $ -
626 MOBILIZATION L S 1 $ -
628 BRIDGE GIRDER AND DECK UNIT (176'-4 1/2") EA 1 $ -
630 CONSTRUCTION TRAFFIC CONTROL L S 1 $ -
632 BRIDGE FINISHES L S 1 $ -
$ -
700 F/A MINOR CONTRACT REVISIONS F A $ 70,000.00 1 $ 70,000.00
700 F/A EROSION CONTROL F A $ 1,000.00 1 $ 2,500.00
700 F/A RAILROAD FLAGGING F A $ 3,000.00 1 $ 4,800.00
$ 77,300.00
IN
WORDS:
MASON GRADE SEPARATION AT NRRC
SUBTOTAL =
TOTAL F/A ITEMS =
TOTAL BASE BID =
9. PRICES
The foregoing prices shall include all labor, materials, transportation, shoring, removal,
dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the
several kinds called for.
Bidder acknowledges that the OWNER has the right to delete items in the Bid or change
quantities at his sole discretion without affecting the Agreement or prices of any item so
long as the deletion or change does not exceed twenty-five percent (25%) of the total
Agreement Price.
RESPECTFULLY SUBMITTED:
_______________________________________
CONTRACTOR
BY:___________________________________
________________________________ __________________
Signature Date
________________________________
Title
________________________________
License Number (If Applicable)
(Seal - if Bid is by corporation)
Attest:___________________________
Address _____________________________________
_____________________________________
Telephone _____________________________________
Email _____________________________________
SECTION 00400
SUPPLEMENTS TO BID FORMS
00410 Bid Bond
00420 Statement of Bidder's Qualifications
00430 Schedule of Subcontractors
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, 7535 Grade Separated
Crossing at NRRC.
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.
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)
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._________________________________________
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
21. What are the limits of your public liability? DETAIL
What Company?_________________________________________________________
22. What are your company's bonding limitations?_____________________________
23. The undersigned hereby authorizes and requests any person, firm or corporation to
furnish any information requested by the OWNER in verification of the recital comprising
this Statement of Bidder's Qualifications.
Dated at ________________ this ______ day of __________________, 20__.
_____________________________________________
Name of Bidder
By:__________________________________________
Title:_______________________________________
State of________________________
)
County of_______________________
___________________________________being duly sworn deposes and says that he is
______________________of_____________________________ and that (name of
organization) the answers to the foregoing questions and all statements therein contained are
true and correct.
Subscribed and sworn to before me this _______ day of____________, 20__.
___________________________________
Notary Public
My commission expires _______________.
SECTION 00430
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
SECTION 00510
NOTICE OF AWARD
DATE: [CONTRACT DATE]
TO: [CONTRACTOR]
PROJECT: 7535 GRADE SEPARATED CROSSING AT NRRC
OWNER: CITY OF FORT COLLINS
(hereinafter referred to as "the OWNER")
You are hereby notified that your Bid dated [Bid Date] for the above project has been
considered. You are the apparent successful Bidder and have been awarded an Agreement for
7535 Grade Separated Crossing at NRRC.
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 [Date].
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:_______________________________________
Gerry S. Paul
Director of Purchasing & Risk Management
SECTION 00520
AGREEMENT
THIS AGREEMENT is dated as of the [Day] day of [Month] in the year of 20[Year] and shall be
effective on the date this AGREEMENT is signed by the City.
The City of Fort Collins (hereinafter called OWNER) and
[Contractor] (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 7535 Grade Separated Crossing at
NRRC.
ARTICLE 2. ENGINEER
The Project has been designed by Felsburg Holt & Ullevig, 6300 South Syracuse Way, Suite
600, Centennial, CO 80111,. The City of Fort Collins Engineering Department who is
hereinafter called ENGINEER and who will assume all duties and responsibilities and will
have the rights and authority assigned to ENGINEER in the Contract Documents in
connection with completion of the Work in accordance with the Contract Documents.
ARTICLE 3. CONTRACT TIMES
3.1 The Work shall be Substantially Complete within seventy-five (75) 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 thirty (30) 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:
One Thousand Four Hundred Dollars ($1,400) for each calendar day or
fraction thereof that expires after the One Hundred Fifty (150) calendar day
period for Substantial Completion of the Work until the Work is Substantially
Complete.
2) Final Acceptance:
After Substantial Completion, One Thousand Four Hundred Dollars ($1,400)
for each calendar day or fraction thereof that expires after the Fourteen (14)
calendar day period for Final Payment and Acceptance until the Work is
ready for Final Payment and Acceptance.
ARTICLE 4. CONTRACT PRICE
4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with
the Contract Documents in current funds as follows: Dollars ($ ), in
accordance with Section 00300, attached and incorporated herein by this reference.
ARTICLE 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as provided
in the General Conditions.
5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of
the Contract Price on the basis of CONTRACTOR's Application for Payment as
recommended by ENGINEER, once each month during construction as provided
below. All progress payments will be on the basis of the progress of the Work
measured by the schedule of values established in paragraph 2.6 of the General
Conditions and in the case of Unit Price Work based on the number of units
completed, and in accordance with the General Requirements concerning Unit Price
Work.
5.1.1. Prior to Substantial Completion, Owner will be entitled to withhold as contract
retainage five percent (5%) of each progress payment, but, in each case, less
the aggregate of payments previously made and less such amounts as
ENGINEER shall determine, or OWNER may withhold, in accordance with
paragraph 14.7 of the General Conditions. If , in the sole discretion of Owner,
on recommendation of Engineer, Owner determines that the character and
progress of the Work have been satisfactory to OWNER and ENGINEER,
OWNER may determine that as long as the character and progress of the
Work remain satisfactory to them, there will be no additional retainage on
account of Work completed in which case the remaining progress payments
prior to Substantial Completion will be in an amount equal to 100% of the
Work completed. 95% of materials and equipment not incorporated in the
Work (but delivered, suitably stored and accompanied by documentation
satisfactory to OWNER as provided in paragraph 14.2 of the General
Conditions) may be included in the application Section 00520 Page 3 for
payment.
5.1.2. Upon Substantial Completion payment will be made in an amount sufficient, if
necessary, to increase total payments to CONTRACTOR to 95% of the
Contract Price, less such amounts as ENGINEER shall determine or OWNER
may withhold in accordance with paragraph 14.7 of the General Conditions or
as provided by law.
5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in
accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the
remainder of the Contract Price as recommended by ENGINEER as provided in said
paragraph 14.13.
ARTICLE 6. CONTRACTOR'S REPRESENTATION
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the
following representations:
6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract
Documents, Work, site, locality, and with all local conditions and Laws and
Regulations that in any manner may affect cost, progress, performance or furnishing
of the Work.
6.2. CONTRACTOR has studied carefully all reports of explorations and tests of
subsurface conditions and drawings of physical conditions which are identified in the
Supplementary Conditions as provided in paragraph 4.2 of the General Conditions.
6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for
obtaining and carefully studying) all such examinations, investigations, explorations,
tests, reports, and studies (in addition to or to supplement those referred to in
paragraph 6.2 above) which pertain to the subsurface or physical condition at or
contiguous to the site or otherwise may affect the cost, progress, performance or
furnishing of the Work as CONTRACTOR considers necessary for the performance
or furnishing of the Work at the Contract Price, within the Contract Times and in
accordance with the other terms and conditions of the Contract Documents, including
specifically the provisions of paragraph 4.2 of the General Conditions; and no
additional examinations, investigations, explorations, tests, reports, studies or similar
information or data are or will be required by CONTRACTOR for such purposes.
6.4. CONTRACTOR has reviewed and checked all information and data shown or
indicated on the Contract Documents with respect to existing Underground Facilities
at or contiguous to the site and assumes responsibility for the accurate location of
said Underground Facilities. No additional examinations, investigations,
explorations, tests, reports, studies or similar information or data in respect of said
Underground Facilities are or will be required by CONTRACTOR in order to perform
and furnish the Work at the Contract Price, within the Contract Times and in
accordance with the other terms and conditions of the Contract Documents, including
specifically the provision of paragraph 4.3. of the General Conditions.
6.5. CONTRACTOR has correlated the results of all such observations, examinations,
investigations, tests, reports and data with the terms and conditions of the Contract
Documents.
6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or
discrepancies that he has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR.
ARTICLE 7. CONTRACT DOCUMENTS
7.1 The Contract Documents which comprise the entire Agreement between OWNER
and CONTRACTOR concerning the Work consist of the General Conditions,
Supplementary Conditions, those items included in the definition of “Contract
Documents” in Article 1.10 of the General Conditions, and such other items as are
referenced in this Article 7, all of which are incorporated herein by this reference.
7.2 Forms for use by CONTRACTOR in performing the Work and related actions in
carrying out the terms of this Agreement are deemed Contract Documents and
incorporated herein by this reference, and include, but are not limited to, the
following:
7.2.1 Certificate of Substantial Completion
7.2.2 Certificate of Final Acceptance
7.2.3 Lien Waiver Releases
7.2.4 Consent of Surety
7.2.5 Application for Exemption Certificate
7.2.6 Application for Payment
7.3 Drawings, consisting of a cover sheet and sheets numbered as follows:
SHEET NO. SUBSET INDEX OF SHEETS
1 T-01 TITLE SHEET
2 SPL-01 STANDARD PLANS LIST
3 GN-01 GENERAL NOTES
4 SQ-01 SUMMARY OF APPROXIMATE QUANITITIES
5 ST-01 SURVEY TABULATION
6 SC-01 SURVEY CONTROL INFORMATION
7 R-01 REMOVALS/SITE PLAN ITEMS
8 FD-01 FENCE REPAIR DETAIL
9-14 A-01 – A-06 ARCHITECTURAL SHEETS
15-26 B-01 – B-12 BRIDGE SHEETS
27-34 E0.0 – E4.0 ELECTRICAL & LIGHTING PLANS
The Contract Drawings shall be stamped "Final for Construction" and dated. Any
revisions made shall be clearly identified and dated.
7.4. Addenda Numbers to , inclusive.
7.5. The Contract Documents also include all written amendments and other documents
amending, modifying, or supplementing the Contract Documents pursuant to
paragraphs 3.5 and 3.6 of the General Conditions.
7.6. There are no Contract Documents other than those listed or incorporated by
reference in this Article 7. The Contract Documents may only be amended, modified
or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions.
ARTICLE 8. MISCELLANEOUS
8.1. Terms used in this Agreement which are defined in Article I of the General
Conditions shall have the meanings indicated in the General Conditions.
8.2. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the
party sought to be bound; and specifically but not without limitations, moneys that
may become due and moneys that are due may not be assigned without such
consent (except to the extent that the effect of this restriction may be limited by law),
and unless specifically stated to the contrary in any written consent to an assignment
no assignment will release or discharge that assignor from any duty or responsibility
under the Contract Document.
8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and
legal representatives in respect to all covenants, Agreement and obligations
contained in the Contract Document.
OWNER: CITY OF FORT COLLINS CONTRACTOR:
By: ____________________________ By:_______________________________
GERRY S. PAUL
DIRECTOR OF PURCHASING __________________________________
AND RISK MANAGEMENT
Title:____________________________
Date:___________________________ Date:_____________________________
(CORPORATE SEAL)
Attest: ________________________ Attest:___________________________
City Clerk
Address for giving notices: Address for giving notices:
P. O. Box 580 __________________________________
Fort Collins, CO 80522 __________________________________
LICENSE NO.:______________________
Approved as to Form
_______________________________
Assistant City Attorney
SECTION 00530
NOTICE TO PROCEED
Description of Work: 7535 Grade Separated Crossing at NRRC
To: [Contractor]
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
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 [Date] day of [Month], 20[Year], a copy of which
is hereto attached and made a part hereof for the performance of The City of Fort Collins
project, 7535 Grade Separated Crossing at NRRC.
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.
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.
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 [Date] day of [Month], 20[Year], a copy of which
is hereto attached and made a part hereof for the performance of The City of Fort Collins
project, 7535 Grade Separated Crossing at NRRC.
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.
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.
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance.
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS (OWNER)
DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 7535 Grade Separated
Crossing at NRRC
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.
ENGINEER 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:
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
, 20__
TO: [Contractor]
Gentlemen:
You are hereby notified that on the day of , 20__, the City of Fort Collins,
Colorado, has accepted the Work completed by [Contractor] for the City of Fort Collins project,
7535 Grade Separated Crossing at NRRC.
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
[Contract Date].
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:
SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: CITY OF FORT COLLINS, COLORADO (OWNER)
FROM: [CONTRACTOR] (CONTRACTOR)
PROJECT: 7535 GRADE SEPARATED CROSSING AT NRRC
1. The CONTRACTOR acknowledges having received payment, except retainage from the
OWNER for all work, labor, skill and material furnished, delivered and performed by the
CONTRACTOR for the OWNER or for anyone in the construction, design, improvement,
alteration, addition or repair of the above described project.
2. In consideration of such payment and other good and valuable consideration, the receipt
and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily
waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller
Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and
material bond rights which the CONTRACTOR may now or may afterward have, claim or
assert for all and any work, labor, skill or materials furnished, delivered or performed for
the construction, design, improvement, alteration, addition or repair of the above
described project, against the OWNER or its officers, agents, employees or assigns,
against any fund of or in the possession or control of the OWNER, against the project or
against all land and the buildings on and appurtenances to the land improved by the
project.
3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or
performed to or for the construction, design, improvement, alteration, addition or repair
of the project were furnished, delivered or performed by the CONTRACTOR or its
agents, employees, and servants, or by and through the CONTRACTOR by various
Subcontractors or materialmen or their agents, employees and servants and further
affirms the same have been paid in full and have released in full any and all existing or
possible future mechanic's liens or rights or claims against the project or any funds in the
OWNER'S possession or control concerning the project or against the OWNER or its
officers, agents, employees or assigns arising out of the project.
4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if
any, and the Surety on the project against and from any claim hereinafter made by the
CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns
against the project or against the OWNER or its officers, employees, agents or assigns
arising out of the project for all loss, damage and costs, including reasonable attorneys
fees, incurred as a result of such claims.
5. The parties acknowledge that the description of the project set forth above constitutes
and adequate description of the property and improvements to which this Lien Waiver
Release pertains. It is further acknowledged that this Lien Waiver Release is for the
benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any
labor and material bonds for the project.
Signed this day of , 20__.
CONTRACTOR: [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.
Notary Public
My Commission Expires: .
SECTION 00660
CONSENT OF SURETY
TO: CITY OF FORT COLLINS, COLORADO (hereinafter referred to as the "OWNER")
CONTRACTOR: [CONTRACTOR]
PROJECT: 7535 GRADE SEPARATED CROSSING AT NRRC
CONTRACT DATE: [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
SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
Special Notice
Contractors who have completed this application in the past, please note the following changes
in procedure:
The Department will no longer issue individual Certificates of exemption to subcontractors. Only
prime contractors will receive a Contractor’s Exemption Certificate on exempt projects.
Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor
involved in the project and complete it by filling in the subcontractor’s name and address and
signing it.
The original Certificate should always be retained by the prime contractor. Copies of all
Certificates that the prime contractor issued to subcontractors should be kept at the prime
contractor’s place of business for a minimum of three years and be available for inspection in
the event of an audit.
Once an 89# has been assigned to you, please use the next five numbers following it for any
applications submitted for future projects. This should be your permanent number. For
instance, if you were assigned 89-12345-0001, every application submitted thereafter should
contain 89-12345 on the application. The succeeding numbers will be issued by the
Department of Revenue. DO NOT enter what you believe to be the next in sequence as this
may delay processing of your application.
SECTION 00700
GENERAL CONDITIONS
SECTION 00800
SUPPLEMENTARY CONDITIONS
SECTION 00800
CDOT SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement the corresponding paragraphs as
indicated of the General Conditions of the Construction Contract (EJCDC General Conditions
1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract
Documents as indicated below.
SC-4.2 Subsurface and Physical Conditions:
A. Add the following language to paragraph 4.2.1 of the General Conditions.
4.2.1.1.1 The following report(s) of exploration and tests of subsurface
conditions at the site of the Work:
Geotechnical Report by Yeh and Associates, Inc. dated August 5, 2009,
Project No. 27-088.
Contractor may rely upon the accuracy of the technical data contained in the
geotechnical documents, but not upon nontechnical data, interpretations or
opinions contained therein or upon the completeness of any information in the
report.
SC-5.3.2 Add the following:
The State of Colorado shall be added as an additional insured.
SC-5.4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
The State of Colorado shall be added as an additional insured.
The limits of liability for the insurance required by the paragraph numbers of the
General Conditions listed below are as follows:
5.4.1 and 5.4.2
Coverage A - Statutory Limits
Coverage B - $100,000/$100,000/$500,000
5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000
combined single limits (CSL). This policy will include coverage for Explosion,
Collapse, and Underground coverage unless waived by the Owner.
5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits
of $1,000,000 combined single limits (CSL).
5.4.9 This policy will include completed operations coverage/product liability
coverage with limits of $1,000,000 combined single limits (CSL).
SC-6.4.1 Purchasing Restrictions
Delete the complete paragraph
SC-6.4.2 Cement Restrictions
Delete the complete paragraph
SC-6.5 Contractor Responsibilities—Amended in its entirety to read:
All materials and equipment shall be of good quality and new, except as otherwise
provided in the Contract Documents. All warranties, if any, provided in the
Specifications shall run specifically to the benefit of Owner. If required by Engineer
prior to final payment as provided for herein, Contractor shall furnish satisfactory
evidence (including reports of required tests) as to the kind and quality of the
materials and equipment. All materials and equipment shall be applied, installed,
connected, erected, used, cleaned and conditioned in accordance with instructions of
the applicable Supplier, except as otherwise provided in the Contract Documents.
SC- 6.30.1. - Contractor General Warranty and Guarantee-
Delete the complete paragraph
6.30.1.1 Specific Warranties. Contractor further warrants and guarantees that any Work
covered by a specific warranty provision contained in the Specifications shall be
performed in accordance with the applicable warranty and any such Work shall
conform to the warranty requirements during the warranty period stated in the
specific warranty.
SC-13.12 Correction Period
Delete the complete paragraph
SC-14.15.1- Waiver of Claims- Amended in its entirety to read:
14.15.1 a waiver of all claims by Owner against Contractor, except claims arising
from unsettled Liens, from defective Work identified and reported to Contractor
during final inspection pursuant to 14.11, from failure to comply with the Contract
Documents, or the terms of any specific guarantees or warranties specified therein,
or from Contractors’ continuing obligations under the Contract Documents;
SC-17.6.1 Delete the complete paragraph
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Contract Change Order
00960 Application for Payment
SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE: GRADE SEPARATED CROSSING AT NRRC
CONTRACTOR: [CONTRACTOR]
PROJECT NUMBER: 7535
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 .00
TOTAL PENDING CHANGE ORDER .00
TOTAL THIS CHANGE ORDER .00
TOTAL % OF THIS CHANGE ORDER %
TOTAL C.O.% OF ORIGNINAL CONTRACT %
ADJUSTED CONTRACT COST $ .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:
cc: City Clerk Contractor
Project File Architect
Engineer Purchasing
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:
CONTRACT AMOUNTS
APPLICATION FOR
PAYMENT PAGE 2 OF 4
Work
Completed
Work
Completed
Work
Completed Stored
Bid
This
Month
Previous
Periods
To
Date Materials Total
Item This Earned Percent
Number Description Quantity Units
Unit
Price Amount Qty. Amount Qty. Amount Qty. Amount Period
To
Date Billed
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
TOTALS $0.00 $0.00 $0.00 $0.00 $0.00
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
TOTALS CHANGE
ORDERS $0.00 $0.00 $0.00 $0.00 $0.00
PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00
STORED MATERIALS
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
TOTALS $0.00 $0.00 $0.00 $0.00
PROJECT AND STANDARD SPECIAL
PROVISIONS
Mason Grade Separation at NRRC
Bid No. 7535
Prepared for:
Engineering Department
281 North College Avenue
Fort Collins, CO 80522-0580
(970) 221-6605
Prepared by:
Felsburg Holt & Ullevig
6300 S. Syracuse Way, Suite 600
Centennial, CO 80111
(303) 721-1440
Mason Grade Separation at NRRC April, 2013
Project Special Provisions CDOT Project No. AQC M455-071
CDOT Subaccount No. 15279
FHU Reference No. 06-295 Page i
COLORADO DEPARTMENT OF TRANSPORTATION
CITY OF FORT COLLINS, COLORADO
MASON GRADE SEPARATION AT NRRC
PROJECT SPECIAL PROVISIONS
The General Conditions of the Construction Contract and the Colorado Department of
Transportation’s (CDOT) 2011 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 CDOT Standard Specifications and plans. When specifications or
special provisions contain both English and metric (SI) units, the English units apply and are the
specification requirement.
Item Pages
Index Pages ------------------------------------------------------------------------------------------------------------------ i -iii
Notice To Bidders ------------------------------------------------------------------------------------------------------------------ 1
Commencement and Completion of Work ----------------------------------------------------------------------------------- 2
Contract Goal (Combined) ------------------------------------------------------------------------------------------------------- 3
On the Job Training Contract Goal --------------------------------------------------------------------------------------------- 4
Revision of Section 100 - General Provisions ------------------------------------------------------------------------------- 5
Revision of Section 101 - Definition of Terms ------------------------------------------------------------------------------- 6
Revision of Section 102 - Project Plans and Other Data ----------------------------------------------------------------- 7
Revision of Section 104 - Scope of Work --------------------------------------------------------------------------------- 8-12
Revision of Section 105 - Claims for Contract Adjustment ------------------------------------------------------------- 13
Revision of Section 105 - Control of Work ----------------------------------------------------------------------------- 14-19
Revision of Section 106 - Control of Material -------------------------------------------------------------------------- 20-24
Revision of Section 107 - Insurance ----------------------------------------------------------------------------------------- 25
Revision of Section 107 - Performance of Safety Critical Work --------------------------------------------------- 25-27
Revision of Section 108 - Prosecution and Progress ---------------------------------------------------------------- 28-32
Revision of Section 240 - Protection of Migratory Birds (By Contractor's Biologist) ------------------------- 33-35
Revision of Section 514 - Pedestrian Railing (Steel) ---------------------------------------------------------------- 36-44
Revision of Section 607 - Fence (Special) ----------------------------------------------------------------------------- 45-47
Revision of Section 613 and 715 - Lighting ---------------------------------------------------------------------------- 48-59
Revision of Section 628 - Bridge Girder and Deck Unit ------------------------------------------------------------- 60-65
Revision of Section 630 - Construction Traffic Control -------------------------------------------------------------- 66-67
Revision of Section 632 - Bridge Finishes ---------------------------------------------------------------------------------- 68
Section 05310 – Steel Deck -------------------------------------------------------------------------------------- 69-72
Section 07531 – EPDM -------------------------------------------------------------------------------------------- 73-85
Utilities --------------------------------------------------------------------------------------------------------------- 86-87
BNSF Railway Requirements -------------------------------------------------------------------------------------------- 88-110
Force Account Items ------------------------------------------------------------------------------------------------------------ 111
Mason Grade Separation at NRRC April, 2013
Project Special Provisions CDOT Project No. AQC M455-071
CDOT Subaccount No. 15279
FHU Reference No. 06-295 Page ii
COLORADO DEPARTMENT OF TRANSPORTATION
CITY OF FORT COLLINS, COLORADO
MASON GRADE SEPARATION AT NRRC
STANDARD SPECIAL PROVISIONS
No. of
Date Pages
Revision of Section 105 – Construction Drawings (July 29, 2011) 1
Revision of Section 105 – Disputes and Claims for Contract Adjustments (January 31, 2013) 31
Revision of Section 106 – Certificates of Compliance and Certified Test Reports (February 3, 2011) 1
Revision of Section 107 – Project Payrolls (May 2, 2013) 1
Revision of Section 107 - Responsibility for Damage Claims, (February 3, 2011) 1
Insurance Types, and Coverage Limits
Revision of Sections 107 and 208 – Water Quality Control, Under One
Acre of Disturbance (May 2, 2013) 3
Revision of Section 108 - Critical Path Method (August 19, 2011) 1
Revision of Section 108 – Liquidated Damages (May 2, 2013) 1
Revision of Section 108 – Subletting of Contract (January 31, 2013) 1
Revision of Section 109 - Compensation for Compensable Delays (May 5, 2011) 1
Revision of Section 109 – Fuel Cost Adjustment (February 3, 2011) 2
Revision of Section 109 – Measurement of Quantities (February 3, 2011) 1
Revision of Section 109 – Measurement of Water (January 06, 2012) 1
Revision of Section 109 – Prompt Payment (January 31, 2013) 1
Revision of Section 250 – Environmental, Health and Safety Management (July 19, 2012) 1
Revision of Section 601 – Concrete Batching (February 3, 2011) 1
Revision of Section 601 – Concrete Finishing (February 3, 2011) 1
Revision of Section 601 – Concrete Form and Falsework Removal (July 28, 2011) 2
Revision of Section 601 – Concrete Slump Acceptance (July 29, 2011) 1
Revision of Section 601 – Fiber-Reinforced Concrete (May 2, 2013) 1
Revision of Section 630 – Construction Zone Traffic Control (February 17, 2012) 1
Revision of Section 703 – Concrete Aggregate (July 28, 2011) 1
Affirmative Action Requirements – Equal Employment Opportunity (February 3, 2011) 10
Disadvantaged Business Enterprise – Definitions and Requirements (February 3, 2011) 14
On the Job Training (July 29, 2011) 3
Partnering Program (February 3, 2011) 1
Railroad Insurance (February 3, 2011) 1
Required Contract Provisions – Federal-Aid Construction Contracts (July 19, 2012) 14
PROJECT SPECIAL PROVISIONS
Mason Grade Separation at NRRC
Bid No. 7535
Mason Grade Separation at NRRC June, 2013
Project Special Provisions CDOT Project No. AQC M455-071
CDOT Subaccount No. 15279
Page 1
NOTICE TO BIDDERS
Pursuant to Subsections 102.04 and 102.05, it is recommended that bidders on this project
review the work site and plan details with an authorized City representative. Prospective bidders
shall contact one of the following listed authorized City representatives at least 12 hours in
advance of the time they wish to go over the project.
Project Manager: Andrew Gingerich, 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
The above referenced individual is the only representative of the City with authority to provide
any information, clarification or interpretation regarding the plans, specifications, and any other
contract documents or requirements.
Questions received from bidders along with City responses will be posted as an addendum
online at the City of Fort Collins Buy Speed Webpage, www.fcgov.com/eprocurement as they
become available.
All questions shall be directed to the City contacts listed above no later than 7:00 A.M. one
week prior to the bid opening.
Questions and answers shall be used for reference only and shall not be considered part of the
Contract.
Mason Grade Separation at NRRC June, 2013
Project Special Provisions CDOT Project No. AQC M455-071
CDOT Subaccount No. 15279
Page 2
COMMENCEMENT AND COMPLETION OF WORK
The Contractor shall commence work under the Contract by the City in the “Notice to Proceed.”
The Contractor shall complete all work in accordance with the Contract.
Section 108 of the Standard Specifications is hereby revised for this project as follows:
Subsection 108.03 shall include the following:
The Contractor’s progress schedule may be a Bar Chart Schedule.
Salient features to be shown on the Contractor’s Progress Schedule are:
Bridge Delivery and Assembly
Bridge Erection
Bridge Finishes
Lighting and Electrical Power
Unless extension of time is granted by the Owner, substantial completion shall be accomplished
within 150 calendar days after issuance of the Notice-to-Proceed.
Mason Grade Separation at NRRC June, 2013
Project Special Provisions CDOT Project No. AQC M455-071
CDOT Subaccount No. 15279
Page 3
CONTRACT GOAL (COMBINED)
The Department has determined that Underutilized Disadvantaged Business Enterprises
(DBEs) 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
*
4.0 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.
Mason Grade Separation at NRRC June, 2013
Project Special Provisions CDOT Project No. AQC M455-071
CDOT Subaccount No. 15279
Page 4
ON THE JOB TRAINING CONTRACT GOAL
The Department has determined that On the Job Training shall be provided to trainees with the
goal of developing full journey workers in the types of trade or classification involved. The
contract goal for On the Job Trainees working in an approved training plan in this Contract has
been established as follows:
Minimum number of total On the Job Training required is 0 hours.
Mason Grade Separation at NRRC June, 2013
Project Special Provisions CDOT Project No. AQC M455-071
CDOT Subaccount No. 15279
Page 5
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.
Mason Grade Separation at NRRC June, 2013
Project Special Provisions CDOT Project No. AQC M455-071
CDOT Subaccount No. 15279
Page 6
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 2011.
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, and Inspection and Testing
Agency it is understood to mean the City of Fort Collins, Colorado or the City’s
designated representative.
The sections shown on the following pages are revisions to the Technical Specifications for this
project.
Mason Grade Separation at NRRC June, 2013
Project Special Provisions CDOT Project No. AQC M455-071
CDOT Subaccount No. 15279
Page 7
REVISION OF SECTION 102
PROJECT PLANS AND OTHER DATA
Section 102 of the Standard Specifications is hereby revised for this project as follows:
Subsection 102.05 shall include the following:
Contract Documents and supporting information will be available for review until the date set for
opening of bids at the following locations:
1. Online at the City of Fort Collins Buy Speed Webpage: https://fcgov.com/eprocurement
2. City of Fort Collins Purchasing Department, 215 N. Mason Street, 2nd Floor, Fort Collins,
Colorado 80524
The following supporting information is available:
Geotechnical Engineering Report (Yeh and Associates, Inc. August 5, 2009)
After the proposals have been opened, the low responsible bidder may obtain from the City, at
no cost: 2 sets of 11x17 plans and special provisions. If the low bidder has not picked up the
plans and other available data by 4:30 p.m. on the second Friday after bid opening, they will be
sent to the Resident Engineer in charge of the project. Additional sets of plans and other
available data may be purchased on a cash sale basis from the City at current reproduction
prices. Subcontractors and suppliers may obtain plans and other data from the successful
bidder or they may purchase copies on a cash sale basis from the City at current reproduction
prices.
Mason Grade Separation at NRRC June, 2013
Project Special Provisions CDOT Project No. AQC M455-071
CDOT Subaccount No. 15279
Page 8
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, 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.
Mason Grade Separation at NRRC June, 2013
Project Special Provisions CDOT Project No. AQC M455-071
CDOT Subaccount No. 15279
Page 9
-2-
REVISION OF SECTION 104
SCOPE OF WORK
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.
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.
Mason Grade Separation at NRRC June, 2013
Project Special Provisions CDOT Project No. AQC M455-071
CDOT Subaccount No. 15279
Page 10
-3-
REVISION OF SECTION 104
SCOPE OF WORK
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.
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.
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D. Easements:
1. 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.
2. It is anticipated that the required easements and permits will be obtained before
construction is started. However, should the procurement of any easement or
permit be delayed, the Contractor shall schedule and perform the work around
these areas until such a time as the easement or permit has been secured.
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.
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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:
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
CLAIMS FOR CONTRACT ADJUSTMENT
Section 105 of the Standard Specifications is hereby revised for this project as follows:
Subsection 105.22 shall be revised as follows:
The Colorado Department of Transportation will not participate in the resolution process for any
claims filed by the Contractor.
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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 re-submittal 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.
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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.
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 25-B, 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
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REVISION OF SECTION 105
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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
“Furnish 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.
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 “FURNISH 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 “FURNISH 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.
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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.
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.
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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 “FURNISH 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 105.10 shall include:
Coordination with Land Owners
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 high volume holidays for businesses,
pedestrians, parking, and vehicle traffic. 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 Owner and (if property is a rental) to the building tenant with as much notice as
possible - 48 hours is the minimum notice that will be allowed for any proposed access change.
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 traffic signals, lane closures,
and lane reductions.
Subsection 105.13 shall include:
Surveying Coordination
1. The Owner will provide construction surveying for the project. City Survey Crews will
perform the surveying required.
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2. The Contractor must submit a survey request form to the City Surveyors a minimum of 48
hours prior to needing surveying.
3. 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.
4. 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.
5. 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.
6. 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.
Subsection 105.16 shall include the following:
The City will coordinate all testing and inspection of work. If the required performance is not
indicated in the test, the Contractor will be required to make any necessary corrections and
upon completion of the corrections demonstrate that the required performance has been
obtained.
Items requiring inspection and testing shall include, but not be limited to the following:
1. Caisson installation (per CDOT)
2. Cast-in-place concrete (per CDOT)
3. Reinforcing Steel (per CDOT)
4. Electrical installation (final inspection by City of Fort Collins)
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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.
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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 was used, date of installation, and field
performance data.
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.
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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.
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).
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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.
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 items below:
a. Concrete materials and mix designs.
b. All performance shop and field material and connection testing
specifically called for by the Plans and Specifications, including
those required for the pre-fabricated bridge.
c. All retesting for work or materials found defective or
unsatisfactory, including tests covered above.
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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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REVISION OF SECTION 107
INSURANCE
Section 107 of the Standard Specifications is hereby revised for this project as follows:
Section 107.18 is hereby revised to read:
For this project all insurance certificates shall name the City of Fort Collins and the Colorado
Department of Transportation as an additionally insured party.
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REVISION OF SECTION 107
PERFORMANCE OF SAFETY CRITICAL WORK
Section 107 of the Standard Specifications is hereby revised as follows:
Add subsection 107.061 immediately following subsection 107.06 as follows:
107.061 Performance of Safety Critical Work. The following work elements are considered
safety critical work for this project:
(1) Overhead girder erection: 1. Prefabricated Pedestrian Bridge
(2) Overhead structure construction
(3) Temporary works: falsework, shoring that exceeds 5 feet in height, cofferdams, and
temporary bridges
(4) Work requiring the use of cranes or other heavy lifting equipment to set a girder. Also
when construction materials are being lifted that may fall onto active traffic lanes: 1.
Prefabricated Pedestrian Bridge
The Contractor shall submit, for record purposes only, an initial detailed construction plan that
addresses safe construction of each of the safety critical elements. When the specifications already
require an erection plan, a bridge removal plan, or a removal of portion of bridge plan, it shall be
included as a part of this plan. The detailed construction plan shall be submitted two weeks prior to
the safety critical element conference described below. The construction plan shall be stamped
“Approved for Construction” and signed by the Contractor. The construction plan will not be
approved by the Engineer.
The Construction Plan shall include the following:
(1) Safety Critical Element for which the plan is being prepared and submitted.
(2) Contractor or subcontractor responsible for the plan preparation and the work.
(3) Schedule, procedures, equipment, and sequence of operations, that comply with the
working hour limitations
(4) Temporary works required: falsework, bracing, shoring, etc.
(5) Additional actions that will be taken to ensure that the work will be performed safely.
(6) Names and qualifications of workers who will be in responsible charge of the work:
A. Years of experience performing similar work
B. Training taken in performing similar work
C. Certifications earned in performing similar work
(7) Names and qualifications of workers operating cranes or other lifting equipment
A. Years of experience performing similar work
B. Training taken in performing similar work
C. Certifications earned in performing similar work
(8) The construction plan shall address how the Contractor will handle contingencies such
as:
A. Unplanned events (storms, traffic accidents, etc.)
B. Structural elements that don’t fit or line up
C. Work that cannot be completed in time for the roadway to be reopened to traffic
D. Replacement of workers who don’t perform the work safely
E. Equipment failure
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PERFORMANCE OF SAFETY CRITICAL WORK
F. Other potential difficulties inherent in the type of work being performed
(9) Name and qualifications of Contractor’s person designated to determine and notify the
Engineer in writing when it is safe to open a route to traffic after it has been closed for
safety critical work.
(10) Erection plan or bridge removal plan when submitted as required elsewhere by the
specifications. Plan requirements that overlap with above requirements may be
submitted only once.
A safety critical element conference shall be held two weeks prior to beginning construction on each
safety critical element. The Engineer, the Contractor, the safety critical element subcontractors, and
the Contractor’s Engineer shall attend the conference. Required pre-erection conferences or bridge
removal conferences may be included as a part of this conference.
After the safety critical element conference, and prior to beginning work on the safety critical
element, the Contractor shall submit a final construction plan to the Engineer for record purposes
only. The final construction plan shall be stamped “Approved for Construction” and signed by the
Contractor.
The Contractor shall perform safety critical work only when the Engineer is on the project site. The
Contractor’s Engineer shall be on site to inspect and provide written approval of safety critical work
for which he provided signed and sealed construction details. Unless otherwise directed or
approved, the Contractor’s Engineer need not be on site during the actual performance of safety
critical work, but shall be present to conduct inspection for written approval of the safety critical work.
When ordered by the Engineer, the Contractor shall immediately stop safety critical work that is
being performed in an unsafe manner or will result in an unsafe situation for the traveling public.
Prior to stopping work, the Contractor shall make the situation safe for work stoppage. The
Contractor shall submit an acceptable plan to correct the unsafe process before the Engineer
will authorize resumption of the work.
When ordered by the Engineer, the Contractor shall remove workers from the project that are
performing the safety critical work in a manner that creates an unsafe situation for the public in
accordance with subsection 108.05.
Should an unplanned event occur or the safety critical operation deviate from the submitted
plan, the Contractor shall immediately cease operations on the safety critical element, except for
performing any work necessary to ensure worksite safety, and provide proper protection of the
work and the traveling public. If the Contractor intends to modify the submitted plan, he shall
submit a revised plan to the Engineer prior to resuming operations.
All costs associated with the preparation and implementation of each safety critical element
construction plan will not be measured and paid for separately, but shall be included in the work.
Nothing in the section shall be construed to relieve the Contractor from ultimate liability for
unsafe or negligent acts or to be a waiver of the Colorado Governmental Immunity Act on behalf
of the Department.
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REVISION OF SECTION 108
PROSECUTION AND PROGRESS
Section 108 of the Standard Specifications is hereby revised as follows:
Subsection 108.03 shall include the following:
Project Meetings
A. Pre-Construction Conference: A Pre-Construction Conference will be held after Notice
of Award and before the Notice to Proceed, the date, time and location will be
determined after Notice of Award.
The conference shall be attended by:
1. Contractor and Contractor’s Superintendent
a. Contractor shall designate/introduce Superintendent
b. At this time the Superintendent will be expected to show that he has
sufficient knowledge of the specifications and plans to orchestrate and
coordinate the construction activities for this job.
2. Contractor’s Subcontractors
a. Contractor shall designate/introduce major Subcontractor’s
supervisors assigned to the project
3. Engineer
4. Owner
5. Utility Companies
a. Utilities will be asked to designate their coordination person, provide
utility plans, and their anticipated schedule
6. Others as requested by the Contractor, Owner, or Engineer.
Unless previously submitted to the Owner, the Contractor shall bring to the conference a
tentative schedule of the construction project, including in the schedule shop drawings
and other submittals. Any submittals requiring long lead times and therefore must be
expedited shall be submitted at the pre-construction conference, or as soon thereafter as
possible.
The purpose of the conference is to designate responsible personnel and establish a
working relationship. Matters requiring coordination will be discussed and procedures
for handling such matters established. The agenda will include:
1. Contractor’s tentative Schedule
2. Permit applications and submittals, including Dewatering Permit, Erosion and
Sediment Control Plan, and Traffic Control Plan
3. Transmittal, review and distribution of Contractor’s submittals
4. Processing applications for payment
5. Maintaining record documents
6. Field decision and change orders
7. Use of premises, office and storage areas, staging area, security,
housekeeping, and Owner’s needs
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PROSECUTION AND PROGRESS
8. Proposed daily construction hours for the Engineer’s approval
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.
The schedule shall be monitored closely during construction and may be updated by written
agreement of the parties as changes occur in the project progress. If the milestones are not
met, the Owner may utilize the remedies provided in the General Conditions as well as any
other remedy provided by the Contract Documents or provided by law or equity.
Construction Schedules
A. The Contractor shall prepare a detailed schedule of all construction operations and
procurement after review of tentative schedule by parties attending the pre-construction
conference. This schedule will show how the Contractor intends to meet the milestones set
forth.
1. No work is to begin at the site until Owner’s acceptance of the Construction Progress
Schedule and Report of delivery of equipment and materials.
B. Format and Submissions
1. Prepare construction and procure schedules in a graphic format suitable for
displaying scheduled and actual progress.
2. Submit two copies of each schedule to Owner for review.
a) Owner will return one copy to contractor with revisions suggested or
necessary for coordination of the Work with the needs of Owner or others.
b) The Contractor will be required to submit a weekly progress schedule
showing work to be completed, labor, equipment, work hours and methods of
construction for the upcoming week. This schedule will be required every
Thursday in a daily calendar format.
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REVISION OF SECTION 108
PROSECUTION AND PROGRESS
C. Content
1. Construction Progress Schedule
c) Show the complete work sequence of construction by activity and location.
d) Show changes to traffic control
e) Show project milestones
2. Equipment, Materials and Submittals Schedule
a) Show delivery status of critical and major items of equipment and materials
b) Include a critical path schedule for Shop Drawings, tests, and other submittal
requirements for equipment and materials.
D. Owner’s Responsibility
1. Owner’s review is only for the purpose of checking conformity with the Contract
Documents and assisting the Contractor in coordinating the Work with the needs of
the Project.
2. It is not to be construed as relieving contractor from any responsibility to determine
the means, methods, techniques, sequences and procedures of construction.
Modifications to Time of Completion in the Approved Schedule
The date of beginning and the time for completion of the work are essential conditions of the
Contract Documents and the work embraced shall be commenced on a date specified in the
Notice to Proceed.
The Contractor will proceed with the work at such rate of progress to ensure full completion
within the contract time. It is expressly understood and agreed, by and between the Contractor
and the Owner that the contract time for the completion of the work described herein is a
reasonable time, taking into consideration the climatic and other factors prevailing in the locality
of the work.
Every effort shall be made by the Contractor to complete the project within the "Contract Time"
shown in the proposal. The "Contract Time" anticipates "Normal" weather and climate
conditions in and around the vicinity of the Project site during the times of year that the
construction will be carried out. Extensions of time based upon weather conditions shall be
granted only if the Contractor demonstrates clearly that such conditions were "unusually
severe," would not have been reasonably anticipated, and that such conditions adversely
affected the Contractor’s work and thus required additional time to complete the work.
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REVISION OF SECTION 108
PROSECUTION AND PROGRESS
The following specifies the procedure for the determination of time extensions for unusually
severe weather. The listing below defines the anticipated number of calendar days lost to
adverse weather for each month and is based upon National Oceanic and Atmospheric
Administration (NOAA) or similar data for the geographic location of the project.
Monthly Anticipated Calendar Days Lost to Adverse Weather Conditions
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
(7) (4) (4) (4) (6) (3) (4) (2) (3) (3) (2) (5)
The above schedule of anticipated adverse weather will constitute the base line for monthly (or
portion thereof) weather time evaluations. Upon acknowledgment of the Notice to Proceed and
continuing throughout the contract on a monthly basis, actual adverse weather days and the
impact of adverse weather days that delay the work will be recorded on a day-to-day basis. It is
assumed that the work will be carried out Mondays through Fridays (holidays accepted) unless
an approved construction schedule or written authorization from the Owner indicates otherwise.
The number of days of delayed work due to adverse weather or the impact thereof will then be
compared to the monthly adverse weather schedule above.
An actual adverse weather day must prevent work for 50 percent or more of the Contractor’s
workday, delay work critical to the timely completion of the project, and be documented by the
Contractor. The City Representative observing the construction shall determine on a daily basis
whether or not work can proceed or if work is delayed due to adverse weather or the effects
thereof. The Contractor shall notify the Engineer in writing of any disagreement as to whether
or not work can proceed on a given date, within 2 calendar days of that date. The Owner will
use the above written notification in determining the number of working days for which work was
delayed during each month.
At the end of each month, if the number of working days for which work was delayed due to
adverse weather exceeds that shown in the above schedule, a Change Order will be executed
which increases the Contract Time. The number of work days delayed due to adverse weather
or the impact thereof will then be converted to Calendar Days based on the contract completion
day and date. This conversion assumes a 5-day work week, Mondays through Fridays,
holidays excepted; should the Contractor have authorization to work weekends and/or holidays,
and then the method of conversion of workdays to calendar days would take this into
consideration. The contract time period will then be increased by the number of calendar days
calculated above and a new contract completion day and date will be set.
The Contractor’s schedule must reflect the above-anticipated adverse weather delays on all
weather-dependent activities.
While extensions of time shall be granted for "unusually severe" weather or climate conditions,
the Owner shall make no monetary compensation for any costs to the Contractor arising out of
such delays. The Contractor shall comply with the portions of the Contract Documents relating
to his project schedule and amendments thereto which result from the "unusually severe"
weather condition.
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PROSECUTION AND PROGRESS
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.
Work Hours: Standard work hours are 7 AM to 6 PM, Monday through Friday. No work shall be
permitted on weekends or holidays without written approval from the Project Manager. Work
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 five (5) working days prior to the requested
date.
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SECTION 240
PROTECTION OF MIGRATORY BIRDS
BIOLOGICAL WORK PERFORMED BY THE CONTRACTOR'S BIOLOGIST
Section 240 is hereby added to the Standard Specifications for this project as follows:
DESCRIPTION
240.01 This work consists of protecting migratory birds during construction.
MATERIALS AND CONSTRUCTION REQUIREMENTS
240.02 The wildlife biologist shall record the location of each protected nest, bird species, the
protection method used, and the date installed. A copy of these records shall be submitted to
the Engineer.
The Contractor shall schedule construction activities, including clearing and grubbing operations
and work on structures, to avoid taking (pursue, hunt, take, capture, or kill; attempt to take,
capture, kill or possess) migratory birds or their nests protected by the Migratory Bird Treaty Act
(MBTA). If construction activity is to occur between April 1 and August 31, then the following
specifications must be followed and the Contractor shall retain a qualified wildlife biologist to
determine where nest removal may occur or will be required during construction. The wildlife
biologist shall have a minimum of three years’ experience conducting migratory bird surveys
and implementing the requirements of the MBTA. The Contractor shall submit documentation of
the biologist’s education and experience to the Engineer for acceptance. A biologist with less
experience may be used by the Contractor subject to the approval of the Engineer based on
review of the biologist’s qualifications. If all construction activities occur after August 31 and
before April 1, then the requirements set forth in this specification are not required.
(a) Vegetation Removal. When possible, vegetation shall be cleared prior to the time when
active nests are present. Vegetation removal activities shall be timed to avoid the migratory
bird breeding season which begins on April 1 and runs to August 31. All areas scheduled
for construction activities between April 1 and August 31 shall first be surveyed by the
wildlife biologist within the work limits for active migratory bird nests. The Contractor's
wildlife biologist shall also survey for active migratory bird nests within 50 feet outside work
limits. Contractor personnel shall enter areas outside CDOT right of way only if a written,
signed document granting permission to enter the property has been obtained from the
property owner. The Contractor shall document all denials of permission to enter property.
The Contractor shall avoid all active migratory bird nests. The Contractor shall avoid the
area within 50 feet of the active nests or the area within the distance recommended by the
biologist until all nests within that area have become inactive. Inactive nest removal and
other necessary measures shall be incorporated into the work as follows:
1. Tree and Shrub Removal or Trimming. Tree and shrub removal or trimming shall occur
before April 1 or after August 31 if possible. If tree and shrub removal or trimming will
occur between April 1 and August 31, a survey for active nests shall be conducted by
the wildlife biologist within the seven days immediately prior to the beginning of work in
each area of tree and shrub removal or trimming. The survey shall be conducted for
each phase of tree and shrub removal or trimming.
If an active nest containing eggs or young birds is found, the tree or shrub containing the
active nest shall remain undisturbed and protected until the nest becomes inactive. The
nest shall be protected by placing fence (plastic) a minimum distance of 50 feet from
each nest to be undisturbed. This buffer dimension may be changed if determined
appropriate by the wildlife biologist and approved by the Engineer. Work shall not
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SECTION 240
PROTECTION OF MIGRATORY BIRDS
BIOLOGICAL WORK PERFORMED BY THE CONTRACTOR'S BIOLOGIST
proceed within the fenced buffer area until the young have fledged or the nests have
become inactive.
If the fence is knocked down or destroyed by the Contractor, the Engineer will suspend
the work, wholly or in part, until the fence is satisfactorily repaired at the Contractor’s
expense. Time lost due to such suspension will not be considered a basis for adjustment
of time charges, but will be charged as contract time.
2. Grasses and Other Vegetation Management. Due to the potential for encountering ground
nesting birds’ habitat, if work occurs between April 1 and August 31, the area shall be
surveyed by a wildlife biologist within the seven days immediately prior to ground disturbing
activities.
The undisturbed ground cover to 50 feet beyond the planned disturbance, or to the right of
way line, whichever is less, shall be maintained at a height of 6 inches or less beginning April
1 and continuing until August 31 or until the end of ground disturbance work, whichever
comes first.
If birds establish a nest within the survey area, an appropriate buffer of 50 feet will be
established around the nest by the wildlife biologist. This buffer dimension may be changed
if determined appropriate by the wildlife biologist and approved by the Engineer. The
Contractor shall install fence (plastic) at the perimeter of the buffer. Work shall not proceed
within the buffer until the young have fledged or the nests have become inactive.
If the fence is knocked down or destroyed by the Contractor, the Engineer will suspend the
work, wholly or in part, until the fence is satisfactorily repaired at the Contractor’s expense.
Time lost due to such suspension will not be considered a basis for adjustment of time
charges, but will be charged as contract time.
(b) Taking of a Migratory Bird. The taking of a migratory bird shall be reported to the Engineer.
The Contractor shall be responsible for all penalties levied by the U. S. Fish and Wildlife
Service (USFWS) for the taking of a migratory bird.
METHOD OF MEASUREMENT
240.03 Wildlife Biologist will be measured by the actual authorized number of hours a wildlife
biologist is on site performing the required tasks.
BASIS OF PAYMENT
240.04 The accepted quantities measured as provided above will be paid for at the contract unit
price for each of the pay items listed below that appear in the bid schedule.
Payment will be made under:
Pay Item Pay Unit
Wildlife Biologist Hour
Removal of Nest Hour
Payment for Wildlife Biologist will be full compensation for all work and materials required to
complete the item, including wildlife biologist, wildlife survey, and documentation (record of nest
location and protection method)
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SECTION 240
PROTECTION OF MIGRATORY BIRDS
BIOLOGICAL WORK PERFORMED BY THE CONTRACTOR'S BIOLOGIST
Removal and trimming of trees will be measured and paid for in accordance with Section 202.
Fence (Plastic) needed to protect migratory bird and nests will be measured and paid for in
accordance with Section 607.
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REVISION OF SECTION 514
PEDESTRIAN RAILING (STEEL)
Section 514 of the Standard Specifications is hereby revised for this project to include the
following:
DESCRIPTION
This work consists of consists of includes, but is not limited to, furnishing all labor, materials,
equipment and incidentals needed to design, fabricate, powder coat, ship, and erect Pedestrian
Railing (Steel) installed on the pedestrian bridge, in accordance with the plan documents and
the following CSI-format specification titled “SECTION 05521 – PIPE AND TUBE RAILINGS
AND INFILL PANELS”.
BASIS OF PAYMENT
515.05
Payment will be made under:
Pay Item Pay Unit
Pedestrian Railing (Steel) Linear Foot
The accepted quantities of the various types of rail measured as provided above will be paid for
at the Contract unit price per linear foot, which shall be compensation for all labor, equipment
and materials including field-measuring, anchorages, attachments, fabrication, powder coating,
installation, adjustments, and field touch-up required to complete the item as specified and
accepted.
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Section 05521- PIPE AND TUBE RAILINGS AND INFILL PANELS
PART 1 – GENERAL
1.1 RELATED DOCUMENTS
A. Contract Drawings and general provisions of the Contract.
1.2 SUMMARY
A. This Section includes the following:
1. Steel pipe and tube handrails and railing systems.
2. Wire mesh infill panels.
1.3 PERFORMANCE REQUIREMENTS
A. Structural Performance of Handrails and Railing Systems: Engineer, fabricate, and
install handrails and railing systems to withstand the loadings per the AASHTO LRFD
Bridge Design Manual, and loads specified below.
1. Infill Area of Guardrail Systems: Capable of withstanding a horizontal
concentrated load of 200 lbf applied to 1 sq. ft. at any point in the system
including panels, intermediate rails, balusters, or other elements composing the
infill area.
a. Above load need not be assumed to act concurrently with loads on top rails
of railing systems in determining stress on guard.
B. Thermal Movements: Allow for thermal movement resulting from the following
maximum change (range) in ambient temperature in engineering, fabricating, and
installing handrails and railing systems to prevent buckling, opening of joints,
overstressing of components and connections, and other detrimental effects. Base
engineering calculation on actual surface temperatures of materials due to both solar
heat gain and nighttime sky heat loss.
1. Temperature Change (Range): 120 degree F ambient 180 degree F material
surfaces.
C. Structural Movements: At all intersections between the Pedestrian Ramp Structures
and on-grade structures (ramps and stairs), where handrails are required to run
continuously, movements from the Pedestrian Ramp Structures shall be accounted for
in the handrail design. The minimum movement/expansion at these locations shall be
assumed be one inch in the longitudinal direction of the handrails.
B. Control of Corrosion: Prevent galvanic action and other forms of corrosion by
insulating metals and other materials from direct contact with incompatible materials.
1.4 SUBMITTALS
A. Product data for mechanically connected handrails and railing systems, each kind of
fitting, grout, anchoring cement, and paint products.
C. Shop drawings showing fabrication and installation of handrails and railing systems
including plans, elevations, sections, details of components, and attachments to other
units of Work. The Contractor shall submit six sets of shop drawings and certified
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material test reports for review and approval prior to construction of the pedestrian
railin. Shop drawings shall be submitted in accordance with subsection 105.02.
1. For installed handrails and railing systems indicated to comply with certain
design loadings, include structural analysis data sealed and signed by the
qualified professional engineer who was responsible for their preparation.
D. Qualification data for firms and persons to demonstrate their capabilities and
experience. Include a list of completed projects with project names, addresses, names
of architects and owners, and other information specified.
E. Product test reports from a qualified independent testing agency evidencing
compliance of handrails and railing systems with requirements based on
comprehensive testing of current products.
F. Test reports from an independent testing agency evidencing compliance of handrails
and railing systems with ASTM E 985.
1.5 QUALITY ASSURANCE
A. Single-Source Responsibility: Obtain handrails and railing systems of each type and
material from a single manufacturer.
B. Engineer Qualifications: Professional engineer legally authorized to practice in the
jurisdiction where Project is located and experienced in providing engineering services
of the kind indicated for handrails and railing systems similar to this Project in material,
design, and extent, and that have a record of successful in-service performance.
1.6 STORAGE
A. Store handrails and railing systems inside a well-ventilated area, away from uncured
concrete and masonry and protected from weather, moisture, soiling, abrasion,
extreme temperatures, and humidity.
1.7 PROJECT CONDITIONS
A. Field Measurements: Where handrails and railing systems are indicated to fit to other
construction, check actual dimensions of other construction by accurate field
measurements before fabrication; show recorded measurements on final shop
drawings. Coordinate fabrication schedule with construction progress to avoid delaying
the Work.
1. Where field measurements cannot be made without delaying the Work,
guarantee dimensions and proceed with fabricating handrails and railing systems
without field measurements. Coordinate other construction to ensure that actual
dimensions correspond to guaranteed dimensions.
1.8 SEQUENCING AND SCHEDULING
A. Sequence and coordinate installation of wall handrails as follows:
1. Mount handrails only on completed walls or completed and installed stairs. Do
not support handrails temporarily by any means not satisfying structural
performance requirements.
PART 2 - PRODUCTS
2.1 METALS
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A. General: Provide metals free from surface blemishes where exposed to view in the
finished unit. Exposed-to-view surfaces exhibiting pitting, seam marks, roller marks,
stains, discolorations, or other imperfections on finished units are not acceptable.
B. Steel and Iron: Provide steel and iron in the form indicated, complying with the
following requirements:
1. Steel Pipe: ASTM A 53; finish, type, and weight class as follows:
a. Type F, or Type S, Grade A, standard weight (schedule 40), unless
otherwise indicated, or another weight, type, and grade required by
structural loads.
2. Steel Tubing: Product type (manufacturing method) and other requirements as
follows:
a. Cold-Formed Steel Tubing: ASTM A 500, grade as indicated below:
1) Grade A, unless otherwise indicated or required by structural loads.
b. Hot-Formed Steel Tubing: ASTM A 501.
c. For exterior installations and where indicated, provide tubing with hot-dip
galvanized coating per ASTM A 53.
3. Steel Plates, Shapes, and Bars: ASTM A 36 (ASTM A 36M).
C. Brackets, Flanges, and Anchors: Cast or formed metal of the same material and finish
as supported rails, unless otherwise indicated.
D. Wire Mesh Infill Panels: Welded wire fabric with a 4” x 4” pattern; 4x4-W1.9xW1.9 (6
Gage), minimum, in accordance with ASTM A185. Wire fabric shall be framed with
continuous steel bars, as detailed in the construction plans.
2.3 WELDING MATERIALS, FASTENERS, AND ANCHORS
A. Welding Electrodes and Filler Metal: Provide type and alloy of filler metal and
electrodes as recommended by producer of metal to be welded and as required for
color match, strength, and compatibility in fabricated items.
B. Fasteners for Anchoring Railings to Other Construction: Select fasteners of the type,
grade, and class required to produce connections that are suitable for anchoring
railings to other types of construction indicated and capable of withstanding design
loadings.
C. Cast-in-Place and Postinstalled Anchors: Anchors of type indicated below, fabricated
from corrosion-resistant materials, capable of sustaining, without failure, a load equal
to 6 times the load imposed when installed in unit masonry and equal to 4 times the
load imposed when installed in concrete, as determined by testing per ASTM E 488,
conducted by a qualified, independent testing agency.
1. Cast-in-place anchors.
2. Chemical anchors.
3. Expansion anchors.
4. Undercut anchors.
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2.4 PAINT
A. Shop Primers: Provide primers to comply with applicable requirements of "Painting."
B. Shop Primer for Ferrous Metal: Provide primers to comply with applicable
requirements of "Painting."
C. Shop Primer for Galvanized Steel: Zinc-dust, zinc-oxide primer formulated for priming
zinc-coated steel and compatibility with finish paint systems indicated, complying with
SSPC-Paint 5.
D. Galvanizing Repair Paint: High-zinc-dust-content paint for regalvanizing welds in
galvanized steel, with dry film containing not less than 94 percent zinc dust by weight,
complying with DOD-P-21035 or SSPC-Paint 20.
E. Bituminous Paint: Cold-applied asphalt mastic complying with SSPC-Paint 12, except
containing no asbestos fibers.
2.5 FABRICATION
A. General: Fabricate handrails and railing systems to comply with requirements
indicated for design, dimensions, details, finish, and member sizes, including wall
thickness of hollow members, post spacings, and anchorage, but not less than those
required to support structural loads.
B. Assemble handrails and railing systems in the shop to the greatest extent possible to
minimize field splicing and assembly. Disassemble units only as necessary for
shipping and handling limitations. Clearly mark units for reassembly and coordinated
installation. Use connections that maintain structural value of joined pieces. Clearly
mark units for reassembly and coordinated installation.
C. Form changes in direction of members as follows:
1. As detailed.
2. By radius bends of radius indicated.
3. By flush radius bends.
4. By bending.
5. By mitering at elbow bends.
6. By insertion of prefabricated flush elbow fittings.
7. By any method indicated above, applicable to change of direction involved.
D. Form simple and compound curves by bending pipe in jigs to produce uniform
curvature for each repetitive configuration required; maintain cylindrical cross section of
pipe throughout entire bend without buckling, twisting, cracking, or otherwise deforming
exposed surfaces of pipe.
E. Welded Connections: Fabricate handrails and railing systems for connection of
members by welding. For connections made during fabrication, weld corners and
seams continuously to comply with the following:
1. Use materials and methods that minimize distortion and develop strength and
corrosion resistance of base metals.
2. Obtain fusion without undercut or overlap.
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3. Remove welding flux immediately.
4 At tee and cross intersections, cope ends of intersecting members to fit contour
of pipe or tube to which end is joined, and weld all around.
5. At exposed connections, finish exposed welds and surfaces smooth and blended
so that no roughness shows after finishing and welded surface matches contours
of adjoining surfaces.
F. Nonwelded Connections: Fabricate handrails and railing systems by connecting
members with railing manufacturer's standard concealed mechanical fasteners and
fittings, unless otherwise indicated. Fabricate members and fittings to produce flush,
smooth, rigid, hairline joints.
1. Fabricate splice joints for field connection using epoxy structural adhesive where
this represents manufacturer's standard splicing method.
G. Brackets, Flanges, Fittings, and Anchors: Provide manufacturer's standard wall
brackets, flanges, miscellaneous fittings, and anchors to interconnect handrail and
railing system members to other construction.
H. Provide inserts and other anchorage devices to connect handrails and railing systems
to concrete or masonry Work. Fabricate anchorage devices capable of withstanding
loads imposed by handrails and railing systems. Coordinate anchorage devices with
supporting structure.
I. For railing posts set in concrete, provide preset sleeves of steel, not less than 6 inches
(long with inside dimensions not less than 1/2 inch (12 mm) greater than outside
dimensions of post, and steel plate forming bottom closure.
J. Shear and punch metals cleanly and accurately. Remove burrs from exposed cut
edges.
K. Ease exposed edges to a radius of approximately 1/32 inch (1 mm), unless otherwise
indicated. Form bent-metal corners to the smallest radius possible without causing
grain separation or otherwise impairing Work.
L. Cut, reinforce, drill, and tap components, as indicated, to receive finish hardware,
screws, and similar items.
M. Provide weepholes, or another means to evacuate entrapped water, in hollow sections
of railing members that are exposed to exterior or to moisture from condensation or
other sources.
N. Fabricate joints that will be exposed to weather in a manner to exclude water.
O. Provide wall returns at ends of wall-mounted handrails, unless otherwise indicated.
2.6 STEEL FINISHES
A. Powder Coating. Powder Coating shall be electrostatically applied color polyester
powder coat with a baked-on finish in accordance with the manufacturer’s
recommendation and conforming to ASTM D-2794, D-2247, D-822, D-3363, D-2454
and D-3359B. All surfaces to be powder coated shall be cleaned by sand blasting and
an approved chemical stripper.
The finish coat shall be two coats of powder coat based on polyester for commercial
architecture. The coating shall be such that it achieves 3.5 - 5 mils dry film thickness
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(DFT) total between the two coats. The base coat shall shall measure 2 to 6 mils DFT
and be applied by electrostatic or Tirbo/Airstatic spray. The first coat shall be cured at
392 °F for five minutes and 356 °F for 10 minutes. The powder topcoat shall be
electrostatic or Tirbo/Airstatic spray applied and measure 3 to 6 mils DFT. Powder
formulation shall be a non-hybrid epoxy of anti-gassing grade. Paint shall be an
aliphatic. The topcoat is to be cured between 392 °F, for 22 minutes, and 356 °F for 35
minutes. The measured temperature is at the substrate.
The color shall be as designated on the plans. At least four weeks prior to powder
coating the railing, the Contractor shall submit two color samples for the
Engineer's approval. The Engineer will either approve the color for use on the test
section, or shall be entitled to order a change in the color, and request additional
powder coating samples. All color samples shall be submitted on a 6"x6"x1/8" steel
plate. The cost of up to two sets of color samples per color shall be incidental to the
work. In the event that additional samples are requested by the Engineer,
compensation for providing the additional sampled will be made as extra work in
accordance with Standard Specification Section 109.
The Contractor shall fabricate and submit a full scale test section for each railing type
for approval by the Engineer after the review of the shop drawings. The test section
shall be submitted at least four weeks in advance of the start of fabrication and shall be
represent the Contractor’s welding and rust prevention system. The final selected
powder coat color shall be applied to the test section. The Engineer may order changes
to the fabrication if the results observed in the test section are unacceptable. The test
section may be fabricated with actual dimensions for use on the project, but shall not be
installed on the project unless it is accepted. Rejected test sections shall be returned to
the Contractor for correction or disposal at no additional cost to the Owner. The test
section process shall be repeated at no additional cost in the event the test sections are
rejected.
The Contractor shall be responsible for repairing damage from shipment or installation.
Damage shall be reported to the Engineer prior to repair. Powder coated items that
arrive to the job site damaged or that are damaged at the worksite prior to acceptance
with damaged areas greater than one square (1) inch in area shall be rejected and
returned to the manufacturer. The contractor shall return to the shop such articles for
cleaning and powder coating per the manufacturer’s recommendations at no additional
cost to the project. Damage to the coating that is one (1) square inch or smaller shall be
repaired in the field as recommended by the powder coating manufacturer. The
manufacturer’s recommendations shall be followed in the application and curing of the
field repairs.
PART 3 - EXECUTION
3.1 PREPARATION
A. Coordinate setting drawings, diagrams, templates, instructions, and directions for
installing anchorages, such as sleeves, concrete inserts, anchor bolts, and
miscellaneous items having integral anchors, that are to be embedded in concrete as
masonry construction. Coordinate delivery of such items to Project Site.
3.2 INSTALLATION, GENERAL
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A. Fit exposed connections accurately together to form tight, hairline joints.
B. Cutting, Fitting, and Placement: Perform cutting, drilling, and fitting required for
installing handrails and railing systems. Set handrails and railing systems accurately in
location, alignment, and elevation, measured from established lines and levels and free
from rack.
1. Do not weld, cut, or abrade surfaces of handrails and railing components that
have been coated or finished after fabrication and are intended for field
connection by mechanical or other means without further cutting or fitting.
2. Set posts plumb within a tolerance of 1/4 inch in 12 feet .
3. Align rails so that variations from level for horizontal members and from parallel
with rake of steps and ramps for sloping members do not exceed 1/4 inch in 12
feet.
C. Field Welding: Comply with the following requirements:
1. Use materials and methods that minimize distortion and develop strength and
corrosion resistance of base metals.
2. Obtain fusion without undercut or overlap.
3. Remove welding flux immediately.
4. At exposed connections, finish exposed welds and surfaces smooth and blended
so that no roughness shows after finishing, and welded surface matches
contours of adjoining surfaces.
D. Corrosion Protection: Coat concealed surfaces of aluminum that will come into contact
with grout, concrete, masonry, wood, or dissimilar metals with a heavy coat of
bituminous paint.
E. Adjust handrails and railing systems prior to anchoring to ensure matching alignment at
abutting joints. Space posts at interval indicated but not less than that required by
design loadings.
F. Fastening to In-Place Construction: Provide anchorage devices and fasteners where
necessary for securing handrails and railing systems and for properly transferring loads
to in-place construction.
3.3 RAILING CONNECTIONS
A. Nonwelded Connections: Use mechanical joints for permanently connecting railing
components. Locate exposed fasteners in least conspicuous locations. Seal recessed
holes of exposed locking screws with plastic filler, cement colored to match finish of
handrails and railing systems.
B. Welded Connections: Use fully welded joints for permanently connecting railing
components by welding. Cope or butt components to provide 100 percent contact, or
use fittings designed for this purpose.
C. Expansion Joints: Install expansion joints at locations indicated but not further apart
than required to accommodate thermal movement. Provide slip-joint internal sleeve
extending 2 inches beyond joint on either side; fasten internal sleeve securely to one
side; locate joint within 6 inches of post.
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3.4 ADJUSTING AND CLEANING
A. Touchup Painting: Immediately after erection, clean field welds, bolted connections,
and abraded areas of shop paint, and paint exposed areas with same material.
B. Touchup Painting: Cleaning and touchup painting of field welds, bolted connections,
and abraded areas of shop paint are specified in the “Painting Section”.
C. For Galvanized Surfaces: Clean field welds, bolted connections, and abraded areas
and apply galvanizing repair paint to comply with ASTM A 780.
3.5 PROTECTION
A. Protect finishes of handrails and railing systems from damage during construction
period with temporary protective coverings approved by railing manufacturer. Remove
protective coverings at time of Interim or Substantial Completion.
B. Restore finishes damaged during installation and construction period so that no
evidence remains of correction Work. Return items that cannot be refinished in the
field to the shop; make required alterations and refinish entire unit, or provide new
units.
END OF SECTION 05521
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REVISION OF SECTION 607
FENCE (SPECIAL)
Section 607 of Standard Specification is hereby revised for this project as follows:
DESCRIPTION
Subsection 607.01 shall include the following:
This work consists of furnishing Fence (Special) consisting of wire mesh infill screening panels,
in accordance with the details provided in the Construction Drawings, and the specifications
herein. The Fence (Special) is to be individually fabricated panel elements, to be field bolted into
place along the outside of the prefabricated pedestrian bridge, and along the pedestrian barriers
along the inside of the pedestrian bridge. The final assembly and installation of the exterior
fencing on the bridge shall result in having no gaps greater than 2” wide, as shown in the plans.
MATERIALS
Subsection 607.02 shall include the following:
Provide metals free from surface blemishes where exposed to view in the finished unit.
Exposed-to-view surfaces exhibiting pitting, seam marks, roller marks, stains, discolorations, or
other imperfections on finished units are not acceptable.
Steel and Iron: Provide steel and iron in the form indicated, complying with the following
requirements:
1. Steel Tubing: Product type (manufacturing method) and other requirements as
follows:
a. Cold-Formed Steel Tubing: ASTM A 500, Grade B
b. Hot-Formed Steel Tubing: ASTM A 501
2. Steel Plates, Shapes, and Bars: ASTM A 36.
Wire Mesh Infill Panels: Welded wire fabric with a 2” x 2” pattern; 2x2-W1.9xW1.9 (6 Gage),
minimum, in accordance with ASTM A185. Wire fabric shall be framed with continuous steel
bars, as detailed in the construction plans.
CONSTRUCTION REQUIREMENTS
Subsection 607.03 shall include the following:
Shop Drawings are required to be submitted in accordance with Sections 101 and 105 for this
project. Submit shop drawings of all fabrications to Engineer for approval, showing sizes and
thickness of all members, types of materials, methods of connection and assembly, complete
dimensions, clearances, anchorage, relationship to surrounding work by other trades, powder
coating and other protective coatings, and other pertinent details of fabrication and installation.
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REVISION OF SECTION 607
FENCE (SPECIAL)
The Contractor’s shop drawings shall detail the Contractor's selected methods of controlling
rust. The Contractor shall select protection and sealing system. Welding is acceptable as a
method of preventing rust at the joints and contact surfaces. All welds, whether structural or seal
welds for rust control, shall be ground smooth.
Powder Coating. Powder Coating shall be electrostatically applied color polyester powder coat
with a baked-on finish in accordance with the manufacturer’s recommendation and conforming
to ASTM D-2794, D-2247, D-822, D-3363, D-2454 and D-3359B. All surfaces to be powder
coated shall be cleaned by sand blasting and an approved chemical stripper.
The finish coat shall be two coats of powder coat based on polyester for commercial
architecture. The coating shall be such that it achieves 3.5 - 5 mils dry film thickness (DFT) total
between the two coats. The base coat shall shall measure 2 to 6 mils DFT and be applied by
electrostatic or Tirbo/Airstatic spray. The first coat shall be cured at 392 °F for five minutes and
356 °F for 10 minutes. The powder topcoat shall be electrostatic or Tirbo/Airstatic spray applied
and measure 3 to 6 mils DFT. Powder formulation shall be a non-hybrid epoxy of anti-gassing
grade. Paint shall be an aliphatic. The topcoat is to be cured between 392 °F, for 22 minutes,
and 356 °F for 35 minutes. The measured temperature is at the substrate.
The color shall be as designated on the plans. At least four weeks prior to powder coating the
railing, the Contractor shall submit two color samples for the Engineer's approval. The Engineer
will either approve the color for use on the test section, or shall be entitled to order a change in
the color, and request additional powder coating samples. All color samples shall be submitted
on a 6"x6"x1/8" steel plate. The cost of up to two sets of color samples per color shall be
incidental to the work. In the event that additional samples are requested by the Engineer,
compensation for providing the additional sampled will be made as extra work in accordance
with Standard Specification Section 109.
The Contractor shall fabricate and submit a full scale test section for each railing type for
approval by the Engineer after the review of the shop drawings. The test section shall be
submitted at least four weeks in advance of the start of fabrication and shall be represent the
Contractor’s welding and rust prevention system. The final selected powder coat color shall be
applied to the test section. The Engineer may order changes to the fabrication if the results
observed in the test section are unacceptable. The test section may be fabricated with actual
dimensions for use on the project, but shall not be installed on the project unless it is accepted.
Rejected test sections shall be returned to the Contractor for correction or disposal at no
additional cost to the Owner. The test section process shall be repeated at no additional cost in
the event the test sections are rejected.
The Contractor shall be responsible for repairing damage from shipment or installation. Damage
shall be reported to the Engineer prior to repair. Powder coated items that arrive to the job site
damaged or that are damaged at the worksite prior to acceptance with damaged areas greater
than one square (1) inch in area shall be rejected and returned to the manufacturer. The
contractor shall return to the shop such articles for cleaning and powder coating per the
manufacturer’s recommendations at no additional cost to the project. Damage to the coating
that is one (1) square inch or smaller shall be repaired in the field as recommended by the
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REVISION OF SECTION 607
FENCE (SPECIAL)
powder coating manufacturer. The manufacturer’s recommendations shall be followed in the
application and curing of the field repairs.
The Contractor shall fabricate and submit a full scale section of the fencing for approval by the
Engineer after the review of the shop drawings. The test section shall be submitted at least four
weeks in advance of the start of fabrication. The Engineer may order changes to the
fabrication if the results observed in the test section are unacceptable. The test section shall not
be installed on the project unless it is accepted. Rejected sample(s) shall be returned to the
Contractor for correction or disposal.
METHOD OF MEASUREMENT
Subsection 607.05 shall include the following:
Fence (Special) shall be measured by the square foot, and shall include the areas between the
area between each truss bay opening along the north and south bridge trusses, as well as the
area between the top and bottom rails of the pedestrian barriers running the full length along the
north and south sides of the covered bridge deck.
BASIS OF PAYMENT
Subsection 514.08 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Fence (Special) Square Foot
The Contract unit price shall be per square foot, and shall include compensation for all labor,
equipment, and materials required for the framing, wire fabric infill, bolts and other hardware
required for the Fence (Special) assembly, as detailed in the Construction Drawings.
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REVISION OF SECTION 613
LIGHTING
Section 613 of the Standard Specifications is hereby revised to include:
Subsection 613.02, the first paragraph, is hereby revised to read:
Roadway lighting material shall conform to the requirement of Section 715.
Subsection 613.02, the third paragraph, is hereby deleted and replaced with the following:
At the preconstruction conference the Contractor shall submit three copies of a list of all
materials and equipment to be incorporated into the work, to the Engineer for review and
approval. This list shall include, but is not limited to, the following:
Light standards, anchor bolts and luminaire mountings
Luminaires, lamps, and ballasts
Cables, splicing and termination devices
Conduits, conduit bends, splices, electrical bushings, expansion/deflection fittings
Contactors
Pull boxes
Ground rods
Photocell, timeclocks and contactors
Panelboards and enclosures
Metering equipment
Disconnect switches
Wiring devices and coverplates
The list shall include the brand name, any identifying numbers, relevant technical data
and any other information necessary for the agency responsible for maintenance of the
system to procure exact replacements of any and all equipment and material used on
the project.
The Contractor shall not order materials or equipment until written approval is received
from the Engineer. Approval of working plans by the Engineer shall not relieve the
Contractor of responsibility for erroneous or inconsistent dimensions, notations,
omissions, or other errors affecting the proper functioning of the completed installation.
It is the intent of the specifications to establish quality standards of materials and
equipment installed. Hence, specific items are identified by manufacturer, trade name,
and/or catalog designation. Should the Contractor propose to furnish materials and
equipment other than those specified as permitted by the "or approved equal" clauses,
he shall submit a written request with complete descriptive and technical data (including
cut sheets and/or drawings of equipment) for all items and shall be made within 14 days
of award of contract, unless otherwise noted. No substitutions shall be permitted on
luminaires or poles.
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Where such substitutions alter the design, conduit, wiring, or space requirements
indicated on the plans, the Contractor shall include all items of cost for the revised
design and construction.
Acceptance or rejection of the proposed substitutions shall be subject to the approval of
the Engineer. Under no circumstances will the Engineer be required to prove that an
item proposed for substitution is not equal to the specified item. It is mandatory that the
Contractor submit to the Engineer in writing all evidence required to support the
contention that the item proposed for substitution is equal to the item indicated on the
plans and in the specifications. If requested by the Engineer, the Contractor shall submit
for inspection samples of both the specified and proposed substitute items, or as
otherwise noted.
Subsection 613.02, the fourth paragraph, is hereby revised to include:
The design, manufacture, and testing of all electrical equipment and materials shall
conform to or exceed the latest applicable standards of NEMA, IEEE, and ANSI.
Subsection 613.03, the first paragraph, is hereby revised to include:
The electrical installation and the Contractor shall comply fully with all applicable federal,
city, county, and state laws, ordinances, and regulations applicable to electrical
installations. The electrical installation shall be in compliance with the rules, regulations,
and requirements of the power company supplying power to the project. If there is a
conflict between codes and these specifications and/or drawings, the most stringent
requirements shall apply.
The Electrical Contractor shall ensure that all work, all materials employed, all required
equipment, and the manner and method of installation conform to accepted construction
and engineering practices, and that each piece of equipment is in satisfactory working
condition to satisfactorily perform its functional operation.
The Electrical Contractor shall ensure that all installers are licensed in their craft in
accordance with applicable regulations and the regulations pertaining to journeyman to
apprentice ratios are complied with. Upon request, installers shall provide proof of
licensure where such licensure is required.
Obtain electrical permits and pay all associated fees. Electrical inspections by the
authority having jurisdiction may be observed by the Owner’s Representative. The
Contractor shall schedule electrical inspections with the appropriate jurisdiction. All
corrections directed by the inspector shall be performed at no additional cost to the
Project.
Record Documentation
At Project completion, final As-Built Record Drawings shall be submitted that require no
additional drafting to incorporate changes made during construction. These final
drawings shall include the as-constructed profile, routing, and locations of ductbanks
and cable trough.
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Seismic Requirements
Electrical equipment and material shall be suitable for Seismic Zone 1, Importance
Factor of 1.0, as defined by the International Building Code.
Subsection 613.03, the second paragraph, is hereby revised to include:
The Contractor is to study all drawings - landscape and electrical - and report any errors
or omissions to the Engineer prior to bidding. The Contractor shall be responsible for
the exact fitting of all materials and equipment in the project. The electrical drawings
that constitute an integral part of this contract shall serve as working drawings. The
electrical system layouts indicated on the drawings are generally diagrammatic, but shall
be followed as closely as actual construction and work of other traces will permit.
Govern exact routing of cable and wiring and the locations of luminaires and electrical
enclosures by the curb and sidewalk and the equipment served. Take all dimensions
from landscape and structural drawings and field conditions. Do not scale from electrical
drawings.
Subsection 613.03, the third paragraph, is hereby revised to include:
Power for distribution will be available from a utility company power transformer. The
transformer is located in an electrical vault on site and is rated at 208/120V. 3 phase.
General arrangement of the service equipment is shown on the drawings. All metering
provisions and equipment shall be installed in accordance with utility company
requirements.
Subsection 613.03 is hereby revised to include:
The Contractor shall make necessary arrangements for and provide, maintain (and
remove after construction) a complete temporary power and lighting system to allow
work to progress in all phases of construction.
The system shall consist of a secondary service, distribution system, panelboards with
G.F.I. breakers, branch circuits, 20 ampere duplex grounded type receptacle outlets and
sufficient lighting to provide acceptable levels of illumination, all in compliance with all
state and local safety laws and ordinances, and in particular per OSHA requirements.
Installation to be in accordance with the National Electrical Code (NEC).
Contractor is to coordinate with the utility company as to type of power available,
location, and connection date.
The General Contractor's trailer is to be connected to the temporary power distribution
system, not including any wiring inside the trailer or other Sub-Contractor's trailers.
Subsection 613.04 is hereby deleted and replaced with a reference to plans.
Subsection 613.05 is hereby deleted and replaced with the following:
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613.05 Light Standards. A light standard shall consist of a light pole, bracket arms
(where applicable) and connector bolts.
Pole shall be of the specified type and size shown on the plans. Poles shall be set
plumb on the foundation. Defects or scratches on painted poles shall be touched up per
manufacturer's recommendations.
Light standards shall be installed as shown on the plans. The careful erection and
aligning of the light standards to a plumb position is essential. The assembled lighting
standard shall, under dead load and at equal ambient temperatures, be as near to true
vertical alignment as practical. Anchor bolts shall accommodate the anchorage of the
light pole from its base to the foundation.
Subsection 613.06 is hereby deleted and replace with the following:
613.06 Luminaires and Lamps. Luminaires shall be mounted on the pole, as specified.
Lamps of the specified type and size shall be installed in the luminaires and the
Contractor shall record the installation date for each lamp. After installation and prior to
acceptance, refractors shall be cleaned to provide maximum lumen output.
Luminaires and ballast assemblies shall be securely fastened to the pole and each
luminaire shall be adjusted so as to mount vertically plumb when erection is complete.
The Contractor shall be responsible for the correct placement and alignment of the
luminaires with respect to the area.
Subsection 613.07, the second paragraph, is hereby revised to include:
Install all wiring in raceway, unless specifically shown otherwise. Sizes for conduits,
unless specifically shown otherwise, shall be determined from Table 3A for conductors,
Chapter 9 of latest adopted National Electrical Code.
Subsection 613.07, the twelfth paragraph, is hereby revised to include:
Where cutting, channeling, chasing, or drilling of roadway, sidewalks, or other surfaces
is necessary for the proper installation of raceway or other electrical equipment, the work
shall be carefully laid out in advance and carefully done. Any damage to the equipment
or any defaced finished surface shall be repaired by skilled mechanics of the trades
involved at no additional cost.
The Contractor shall be responsible for all trenching and backfilling in connection with
the electrical work. Earth is to be backfilled in thin layers, compacting and tamping each
layer in accordance with Earthwork Section 200. Exercise necessary caution such as
removal of all rocks, stones, etc., from the bottom of the trench and from the backfill
material so as to avoid damage to the wiring and/or conduit runs.
Verify locations of all existing and/or new underground utilities prior to trenching and, if
damaged by this Electrical Contractor, replace immediately in an approved manner and
at no expense.
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When trenching is done through specifically treated areas, such as paving, blacktop,
etc., the Contractor shall be responsible for restoring the surface to its original condition
in a manner approved by the Engineer. Repair any trenches where settlement occurs,
and restore the surface for the period of one year after final acceptance.
Subsection 613.07, the thirteenth paragraph, is hereby revised to include:
Burial depth of conduits shall be as noted on drawings. Plastic conduit not indicated to
be concrete encased shall be installed on 2 inch sand base and covered by 2 inch sand
backfill. Plastic conduit shall not be installed on rock base. Provide warning tape at
buried conduit; install 18” above conduit.
Warning Tape shall be heavy-gauge, yellow plastic for direct burial, six-inch minimum
width for use in trenches containing electric circuits. Tape shall be made of material
resistant to corrosive soil. Tape shall have printed warning that an electric circuit is
located below the tape. Acceptable manufacturers and types: ITT Blackburn Type YT,
Griffolyn Co., Terra-Tape, or equal.
Stagger conduit couplings by a minimum of 4 inches. All risers to grade shall be PVC
coated rigid steel.
Subsection 613.07, the fifteenth paragraph, is hereby revised to include:
Pull boxes shall have a minimum opening of 10” x 10”.
Subsection 613.08, the first paragraph, is hereby revised to include:
All homeruns to panelboards are indicated as starting from the luminaire nearest the
panel and continuing in the general direction of that panel. Continue such circuits to the
panel as though the routes were completely indicated.
Homeruns that indicate upgrading circuit conductors for voltage drop shall have the
conductor size indicated carried throughout the circuit to the last device or fixture.
Install all wire continuous from outlet to outlet or terminal to terminal. Splices in cables
when approved shall be made in pull boxes. Make branch circuit splices in outlet
boxes with 8 inch of correctly color-coded tails left in the box. Splices shall be held to
a minimum. Pull no wire into any portion of the conduit system until all construction
work that might damage the wire has been completed. Provide wire markers where
number of conductors in a box exceeds five.
Make all ground, neutral, and line connections to luminaires, receptacle and wiring
device terminals as recommended by manufacturer. Provide ground jumper from outlet
box to ground terminal of devices when the device is not approved for grounding through
the mounting screws.
Subsection 613.08, the third paragraph, is hereby deleted and replaced with the following:
Luminaires shall be operated at voltage indicated on plans
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Subsection 613.08, the fourth paragraph, is hereby deleted and replaced with the following:
A ground rod shall serve as the ground system for the main incoming service.
The neutral conductor shall be connected from the service to the ground source by a
continuous (unspliced) Class B stranded copper conductor installed in conduit sized in
accordance with NEC Table 250-66. The connections to the ground sources shall be by
means of a solderless connector approved for the purpose and shall be visible for
inspection at all times.
Ground non-current-carrying metal parts of electrical equipment enclosures and
conductor raceways to provide a low impedance path for line-to-ground fault current and
to bond all non-current-carrying metal parts together. Install a ground conductor in each
conduit or non-metallic raceway for the entire length of the system, and connect to a
separate ground bus in the circuit-originating panel. Equipment ground conductors shall
be electrically and mechanically continuous from the electrical circuit source to the
equipment to be grounded. Size ground conductors per NEC 250-122 unless otherwise
shown on drawings.
Install metal raceway couplings, fittings and terminations secure and tight to ensure
good ground continuity. Provide grounding bushing and bonding jumper where metal
raceway is not directly attached to equipment metal enclosure and at all concentric
knockouts.
Provide a complete grounding system for the bridge structure such that the bridge is
grounded with a resistance of 25 ohms or less. All exposed metallic objects on the
bridge shall be connected to the grounding conductor system with exothermic welds.
This includes, but is not limited to, handrails, bridge, metallic structural elements,
metallic expansion joints, structural steel, and metallic conduit racks. Provide two 2/0
copper ground jumpers exothermically welded across expansion joints.
Lighting fixtures shall be securely connected to equipment ground conductors. Lighting
standards shall have a factory-installed ground lug for terminating the ground wire.
Subsection 613.08 is hereby revised to include:
All electrical conductors shall be tagged as follows:
Electrical conductor cable tags shall be located below the termination in the base of the
street light, in the pull box, in the pedestal, and at the point of termination to existing
facilities of the local utility company supplying the electrical service. The tags shall be
attached with a cable tie. The information written on the tag shall include the direction
and approximate length of cable, feeds running where and to, etc.
Each incoming conductor shall be individually color coded with one tape mark, while
outgoing conductors shall have two tape marks.
Uniform tags are available in a Tag Kit. The Tag Kit consists of: 100 tags, 3 part yellow
with one hole, 100 black nylon ties, and one black Sharpie pen.
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Size 63.5 mm x 127 mm
Standard Package Kit
Weight, Kit approx. 0.68 kg
Color Yellow
Stock Unit of Measure Kit
Tighten connections to comply with tightening torques specified in UL Standard 486A to
assure permanent and effective grounding.
Subsection 613.09 is hereby revised to include:
After satisfactory completion of all tests specified, the illumination system shall be placed
in operation. Acceptance will not be made until the system has operated satisfactorily
for a period of not less than 14 days.
Operation of the system shall not in any way be construed as an Acceptance of the
system or any part of it, or as a waiver of any of the provisions of the Contract.
The Contractor shall be fully responsible for the system during this period of operation
and shall make any adjustment or repairs which may be required, and remedy any
defects or damages which may occur, at the Contractor’s expense.
Tests: Prior to Acceptance, the Contractor shall test to verify that all the electrical and
lighting equipment installations are in proper condition in accordance with the Contractor
Drawings. The Contractor shall furnish all equipment and appliances to make the tests.
Voltage and ampere readings shall be taken ahead of the contactor and below the
contactor, and at the base of each tower with the entire system in operation.
All lighting circuits and equipment shall be given an initial operational test, consisting of
having the entire system energized for seventy-two (72) consecutive hours without any
failures of any type occurring anywhere in the system.
The Contractor shall test streetlight cable as follows:
Both ends of the cable shall be completely cleared (i.e., remove all ballasts,
transformers, fuses, etc.)
Three to four inches of insulation shall be cleaned on both ends of the cable.
Six inches of insulation shall be peeled from the test end of the cable.
Continuity shall be read (one end to the other end) on all insulated wires to verify that
there are no open wires.
Each insulated wire shall be tested to ground and to every other insulated wire in the run
of cable being tested.
Each wire shall be tested by applying 2 kv DC (with a megger or hi-pot tester) for one (1)
minute to one (1) insulated wire in the test run of cable while grounding all other
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insulated wire in the same run. Each insulated wire in the run shall be tested until all
have been tested.
The Contractor shall take all safety precautions when voltage is applied to the wires
using qualified personnel.
Acceptance of the cable is predicted on passing the above described test.
The Contractor shall coordinate with XCEL prior to testing the cable.
Subsection 613.10, the second paragraph, is hereby revised to read:
Light standards and connector bolts will be measured by the number of light standards
installed.
Subsection 613.10, the third paragraph, is hereby revised to read:
Luminaries, including lamp and ballast, will be measured by the number of installed
luminaries of the specified wattage.
Subsection 613.10, the fourth paragraph, is hereby revised to include:
The secondary service pedestals shall include the distribution panel, panel enclosure,
disconnect, contactors, photocell, meter socket and panel foundation.
Subsection 613.10, the sixth paragraph, is hereby deleted.
Subsection 613.10, the eighth paragraph, is hereby deleted.
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REVISION OF SECTION 715
LIGHTING MATERIALS
Section 715 of the Standard Specifications is hereby revised as follows:
Subsection 715.02, the first paragraph, is hereby revised to read:
Concrete shall be Class “D” conforming to Section 601. The contractor shall be required
to construct the foundation at each location according to the details shown on the plans.
Subsection 715.02, the fourth paragraph, is hereby deleted and replaced with the following:
A grounding wire shall be installed at each lighting standard. The equipment grounding
conductor shall be as indicated on the drawings. This conductor, the grounding
conductor, and the metal pole shall be electrically connected together as required by the
National Electrical Code. Exposed metal parts of the luminaire support system shall be
electrically connected to the equipment-grounding conductor of the light standard cable.
Subsection 715.02, is hereby revised to include:
All foundations shall be constructed to not less than the minimum dimensions shown on
the plans. The caged anchor bolt assembly shall be placed in the foundation so that it
remains plumb and with the projection set as specified by the pole manufacturer.
Anchor bolts shall be "caged" in a manner specified by the manufacturer and approved
by the Engineer. The bolt circle shall be centered over the foundation. The top
elevation of the foundation shall be set accurately and leveled.
Subsection 715.03(a), the second paragraph, is hereby deleted.
Subsection 715.03(b), is hereby deleted and replaced with the following:
All poles shall be furnished with hand-holes and covers (minimum area 20 square
inches unless noted otherwise) and grounding lug and as specified on the drawings.
Subsection 715.04, the first paragraph, is hereby revised to read:
A luminaire shall be a complete pre-wired lighting device. A luminaire unit shall consist
of housing, lens, reflector, ballast, lamp holder, mounting hardware, and all necessary
internal wiring. Luminaires shall be adaptable to the type of power distribution system to
be used. Luminaires shall have a non-corrosive housing, a portion of which, by means
of a hinge with a safety catch and a latch, may be opened to provide access to all
internal components.
Subsection 715.04(a) and (b), are hereby deleted and replaced with the following:
Provide luminaires, lamps, and mounting as indicated on the drawings.
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Subsection 715.05 is hereby revised to read:
Ballasts shall be of the magnetic regulator type specifically manufactured for use with
HID lamps, and shall operate at a minimum of 90 percent power factor. Operation shall
be suitable with a line voltage variation of +10 percent. Satisfactory starting operation
shall be obtained with an ambient temperature of -40 degrees F.
Subsection 715.06, the first paragraph, is hereby deleted and replaced with the following:
Conduit shall be EMT or plastic as follows, except as noted on drawings:
1. Above Ground in Wet Locations: Use GRC.
2. Dry Locations and Not Subject to Mechanical Injury: EMT.
3. In Slab or Underground: Use plastic. Conduits shall be installed in select
backfill per Earthwork Section 200.
4. Use PVC coated rigid steel elbows for stub ups and 90o bends in
underground conduits and for all risers to grade.
5. All conduits under roadways shall be PVC coated GRC.
Subsection 715.06, the second paragraph, is hereby revised to include:
GRC connectors and couplings shall be steel compression type in wet locations and
outdoors.
Subsection 715.06, is hereby revised to include:
Provide seal-offs where conduits pass through areas of widely different temperature or
humidity.
Subsection 715.07 is hereby deleted.
Subsection 715.08, the first paragraph is hereby deleted and replaced with the following:
Lighting systems shall be photo-electrically controlled. Photocells shall be as
designated on the plans.
Subsection 715.08, the third paragraph, is hereby deleted and replaced with the following:
Conductor shall be #12 AWG minimum insulation type XHHW. #12 and #10 shall be
solid copper and #8 and larger shall be stranded copper. Acceptable products shall
include Houston, American, Carol or products conforming or exceeding applicable
IPCEA standards.
Color code all conductors. Wire sizes #8 AWG or smaller shall have integral color-
coded insulation. Wire sizes #6 AWG and larger may have black insulation but identified
by color-coded electrical tape at all junction, splice, pull, or termination points. Color
tape shall be applied to at least 6 inches of the conductor.
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Color code wires as follows:
240/120 Volts
Phases: A-black, B red, C blue
Neutral-white,
Ground-green
Furnish and install required power supply conduit and wiring to all equipment and
devices. Install rough-in work for equipment from approved shop drawings to suit the
specific requirements of the equipment. Furnish line voltage power to each irrigation
control panel and photocell requiring a source of power to operate.
Bare copper ground wire shall be medium hard drawn copper conductor, stranded, sizes
as shown on drawings. Bolts, nuts and washers shall be bronze, cadmium-plated steel
or other non-corrosive material, approved for the purpose. Use Kearney "Aqua Seal"
mastic sealant on all below grade clamp or compression type connections.
Grounding conductors shall be identified with green insulation. Where green insulation
is not available, on larger sizes, black insulation shall be used and suitably identified
with green tape at each junction box or device enclosure. Provide an equipment-
grounding conductor sized by NEC, minimum size #12 AWG, in all conduits.
Subsection 715.09 is hereby added to Section 715 to include:
715.09 Branch Circuit Panels. Branch Circuit Panels, 208/120, 3 phase shall be Cutler
Hammer Type PRL series, or equal by GE, ITE or Square D.
Branch circuit panels cabinets shall be constructed with cold rolled code gauge sheet
steel. Provide minimum 22 inch wide cabinets and extra wiring space where incoming
feed-through or parallel lines are shown.
Panel doors shall be constructed of cold-rolled steel and have concealed hinges, flush
catch and lock. Secure top and bottom of outer door to cabinet by slotted head steel
bolts. Release shall be by a 1/2 turn with a screwdriver. Covers shall be hinged and be
easily removable for access to panel interior. Finish exposed parts with one coat of
primer and one coat of light gray enamel suitable for over-painting in field if desired.
Branch circuit panel bus bars shall be of copper construction in accordance with U.L.
Standards. Provide all hardware for future breakers, identified on drawings as SPACES,
or for the full length of usable bus, whichever is longer. Provide ground bus with full
complement of terminals in addition to insulated neutral bus.
Circuit Breakers for branch circuit panel-boards shall be quick-make, quick-break,
molded case, 3/4 inch per pole, bolt-on type designed with minimum 10,000 amperes
RMS short circuit rating. Breakers shall have center-tripped position in addition to the
ON and OFF positions. Each breaker shall have inverse time delay overload and
instantaneous short circuit protection by means of thermal and magnetic sensors.
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Provide a circuit directory on inside of panel door.
Panelboards shall not be used for junction boxes or pull boxes. Only conductors
originating or terminating in panel shall be allowed in panel. All connections to all
equipment and devices shall be torqued in accordance with manufacturers’
recommendations. Where data is not available from the manufacturer, all connections
shall be torqued in accordance with UL Standard 486B.
Wiring Devices
Provide specification grade devices in all areas. Hubbell, Leviton, Bryant, or Pass and
Seymour. All devices shall be of the same manufacturer.
Switches shall be rated for the load controlled. Switches shall be Leviton #1201 (15
amp) or #1221 (20 amp) or equal. All other switches shall be of similar premium
specification grade quality.
Thermal overload switches shall be properly sized overload heater elements.
Receptacles shall be rated for the circuit load served. Receptacles shall be Leviton
#5252 (15 amp) or #5352 (20 amp) or equal. All other receptacles shall be of similar
premium specification grade quality.
Provide stainless steel coverplates for all devices.
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REVISION OF SECTION 628
BRIDGE GIRDER AND DECK UNIT
Section 628 is hereby added to the Standard Specifications for this project as follows:
DESCRIPTION
628.01 This work consists of the fabrication, delivery, field assembly, and erection of a simple
span, welded steel, steel pedestrian through-truss, including the supply of a continuous railing
members, corrugated steel bridge floor deck, continuous bent steel floor closure plates,
continuous bent plate gutters, connection tabs for vertical screening, and continuous roof
framing elements as detailed and specified.
Refer to associated Project Special Specification Section 632, Bridge Finishes for information
regarding elements to be attached to the bridge, including wire mesh panel screening, steel roof
deck, and EPDM roofing.
Potential bridge suppliers are:
1. Continental Bridge
8301 State Highway 29 N
Alexandria, Minnesota 56308
1-800-328-2047, FAX 320-852-7067
2. Steadfast Bridges
4021 Gault Ave. South
Fort Payne, Alabama 35967
1-800-749-7515, FAX 256-845-9750
3. Excel Bridge Manufacturing Company
12001 Shoemaker Avenue
Santa Fe Springs, California 90670
1-800-548-0054, FAX 213-944-4025
4. Big R Manufacturing and Distributing, Inc.
P.O. Box 1290
Greeley, Colorado 80632-1290
1-800-234-0734, FAX 1-970-356-9621
5. Wheeler Lumber, LLC
9330 James Avenue South
Bloomington, Minnesota 55431-2317
1-800-328-3986, FAX 952-929-2909
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REVISION OF SECTION 628
BRIDGE GIRDER AND DECK UNIT
MATERIALS
628.02 Structural Steel. All structural steel shall be new (unused) material. The Contractor
shall provide the Engineer and the Staff Bridge Branch Fabrication Inspection Unit with copies
of all certified mill test reports for all structural steel and bolts. Floor beams, stringers, and
members of each Half-through truss (upper and lower chords, diagonals, end posts and vertical
posts) utilized in the bridges shall meet a longitudinal Charpy V-notch (CVN) value of 25 ft. lbs.
at 40 degrees Fahrenheit. Testing shall be in accordance with AASHTO T 243 (ASTM A 673).
The H frequency of heat testing shall be used. The Contractor shall provide the Engineer with
certified copies of all CVN test reports.
All square and rectangular structural steel tubing shall conform to the requirements of ASTM
A500 Cold-Formed Welded and Seamless High Strength.
All structural steel shapes and plates shall conform to the requirements of ASTM A572, Grade
50 High-Strength Low-Alloy Structural Steel.
All anchor bolts and nuts shall conform to the requirements of ASTM A 307, Grade A, Carbon
Steel Bolts and Studs, and shall be galvanized in accordance with the requirements of ASTM A
153. Each anchor bolt shall be provided with two nuts for jamming.
All structural steel field connections shall be bolted with high strength bolts. High strength bolts,
including suitable nuts and plain hardened washers, shall conform to the requirements of ASTM
A 325. Bolts shall be Type 3.
All structural steel on the bridge shall be painted per Section 509 of the Standard Specifications.
The paint shall be a compatible two coat system as described in Section 509.2(c), and can be
either organic or inorganic. Color shall be white, in accordance with Federal Standard 595B,
Color Number #27925. Final color shall be as directed by the Engineer, and shall be
coordinated with all other color finishes, including Pedestrian Railing (Steel), and the bridge
substructure.
628.03. Elastomeric Bearing Pads. Bearing pads shall be provided with the pedestrian bridge
fabrication, as detailed in the construction drawings, and in accordance with the requirements of
Specification Section 512.
CONSTRUCTION REQUIREMENTS
628.04 Design. The AASHTO LRFD Guide Specifications for Design of Pedestrian Bridges
(December 2009) and the AASHTO LRFD Bridge Design Specifications, latest edition, shall
govern the design.
The superstructure of the pedestrian bridge shall consist of a full-through truss, as provided in
the construction plans, with at least one diagonal per panel between the bridge piers. The
trusses shall be the main load-carrying members of the bridge.
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REVISION OF SECTION 628
BRIDGE GIRDER AND DECK UNIT
The members of the full-through truss (upper and lower chords, horizontal cross-braces, vertical
and horizontal diagonals, end posts, vertical posts, and continuous roof supports) shall be
fabricated from square and rectangular structural steel tubing. The preferred member sizes,
pattern, and details have been provided in the plans. The fabricator shall attempt to maintain the
member dimensions to allow for the intended finishes to the bridge.
Floor beams and stringers shall be fabricated from square structural steel tubing as indicated in
the plans.
The structure shall conform to the clear span, clear width, and railing requirements shown on
the plans.
The trusses shall be cambered such that the walkway surface conforms to the vertical profile as
shown on the plans, plus any additional camber required to account for the dead load deflection
of the pedestrian bridge.
Pedestrian bridge shall be designed for the following loads and loading conditions:
1. Dead loads shall be as defined in the AASHTO LRFD Bridge Design
Specifications, and the plans.
2. Live load shall be as defined in the AASHTO Guide Specifications. Distribution
to the stringer and floor beams shall be in accordance the AASHTO LRFD
Specifications. Deflection and vibration limits as per the AASHTO Guide
Specifications shall apply.
Pedestrian live load shall be as defined by the AASHTO Guide Specifications.
3. Wind load shall be as defined by the AASHTO Guide Specifications. The effects
of the roofing, cladding, and screening materials shall be used in developing the
wind loads. The wire mesh screening is estimated to be 80% open in profile.
4. Load combinations and load factors shall be as defined in Section 3.7 of the
AASHTO Guide Specifications.
Allowable loads in the structural steel members and weld metal shall be in accordance with
Chapter 6 of the AASHTO Guide Specifications.
Minimum thickness of structural steel shall be 3/16 of an inch.
½ inch diameter weep holes shall be drilled (flame cut holes will not be allowed) at low points of
all steel tubing members as oriented in the in-place, completed structure. In members that are
level, or flat, a total of two weep holes shall be drilled, one at each end. Weep holes and their
locations shall be shown on the Shop Drawings.
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REVISION OF SECTION 628
BRIDGE GIRDER AND DECK UNIT
All welded tubular connections shall be designed in accordance with Section 2, Parts A and D
(Delete Subsection 2.36.6), of the Structural Welding Code-Steel ANSI/AWS/D1.1 (Latest
Edition).
Continuous steel barrier rails shall be provided by the bridge manufacturer. The top rail shall be
placed a minimum of 42” above the bridge deck, and the lower rail no higher than 4” above the
bridge deck, as indicated in the plans. The railings shall have mounting tabs provided for wire
mesh infill panels, as shown. Rail shall be painted to match the rest of the bridge.
The design and shop drawings for the pedestrian bridge shall show the concrete deck and
reinforcing required. The concrete and reinforcing steel shall conform to Sections 601 and 602,
respectively. CDOT Class D (f’c = 4500 psi, minimum) concrete shall be used in the design.
The thickness of the deck shall match that indicated in the construction drawings. Continuous
steel closure plates shall be provided along each edge of the bridge deck. Coordinate with the
Contractor the placement of cover plates at the ramp landings, and the impacts to the closure
plates.
The Contractor shall submit six sets of Design Calculations and Shop Fabrication Details (Shop
Drawings) for the pedestrian bridge. This submittal shall be in accordance with Subsection
105.02. The Design Calculations and Shop Drawings shall contain the endorsement seal of the
Professional Engineer registered in the State of Colorado responsible for the design.
628.05 Shop Fabrication. Welding and fabrication of weathering steel pedestrian bridges
shall conform to the requirements of the Structural Welding Code-Steel ANSI/AWS D1.1 (Latest
Edition) as amended by the following:
1. As required in Subsection 4.7.3, a welding procedure shall be established by
qualification in accordance with the requirements of Subsection 3.3 for the ASTM A
847 material used on the bridge. The results of the Procedure Qualification shall
be recorded on Form E-1 page in Annex E of AWS D1.1.
2. The Contractor shall submit a Quality Control Plan. The Plan shall include
personnel qualifications, certifications, and a Written Practice in accordance with
ASNT SNT-TC-1A.
3. The quality of all welds shall be in accordance with Section 6, Table 6.1. In Table
6.1, Undercut 7(B), the criteria for primary members shall apply to the bottom chord
members.
4. All Complete Joint Penetration Groove Welds in butt joints in the bottom chord
members shall be 100% Magnetic Particle tested in accordance with ASTM E709.
Acceptance shall be determined in accordance with Section 6.10 and Table 6.1,
using Alternating Current. In addition, complete joint penetration groove butt welds
welded from one side without backing of bottom chord members shall be examined
by ultrasonic testing in accordance with Section 6.11.1.
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REVISION OF SECTION 628
BRIDGE GIRDER AND DECK UNIT
5. Magnetic Particle Testing shall be performed 100% on all attachment welds to
the bottom chord, using Alternating Current, in accordance with Section 6.10 and
Table 6.1.
6. All Procedure Qualification Records and Welder Qualification Test Records shall
be current within three years of the date of beginning fabrication.
7. A copy of all Procedure Qualification Records, Welder Qualification Test
Records, Quality Control Plan and all visual and nondestructive test reports shall
be provided to:
a. The Engineer.
b. Staff Bridge Branch
Fabrication Inspection Unit
4201 E. Arkansas Ave., Room 107
Denver, Colorado 80222
628.06 Field Construction. The substructure is intended to be constructed in accordance with
the details shown in the plans, but is not part of this contract. The cylindrical void construction
in the pier caps for the bridge anchor bolt installation shall be verified by the Contractor. The
pedestrian bridge supplier shall include in the shop drawings for the pedestrian bridge the
anchor bolt requirements (including number of bolts required, size, spacing and location)
needed to properly construct the substructure to accommodate the proper erection of the
structure being provided. The anchor bolt requirements shall be made available as soon as
possible in the design process to assure the substructure construction meets the bridge design
requirements. The Engineer shall be provided with two copies of detail sheets delineating these
requirements before work begins.
Erection shall be executed in full coordination with the BNSF Railway Requirements and the
BNSF Contractor Requirements and Agreement, as provided in the Project Special Provisions.
METHOD OF MEASUREMENT
628.07 Pedestrian bridge will be measured by the Bridge Girder and Deck Unit installed and
accepted.
BASIS OF PAYMENT
628.08 The accepted quantity shall be paid for at the contract unit price for the pay unit listed
below. Payment will be made under:
PAY ITEM PAY UNIT
Bridge Girder and Deck Unit (176’-4 ½””) Each
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REVISION OF SECTION 628
BRIDGE GIRDER AND DECK UNIT
Payment shall be full compensation for all materials and labor necessary to complete the item,
which shall include the design, fabrication, transportation to the project site, field assembly,
bridge superstructure erection, wire fabric panel installation, and design and installation of the
concrete deck. The substructure shall be measured and paid for separately (separate contract),
except for the cost of the anchor bolts which shall be included in Item 628. Payment will not be
made for this item until all required reports, certifications, and forms have been submitted to the
Engineer.
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REVISION OF SECTION 630
CONSTRUCTION TRAFFIC CONTROL
Section 630 of the Standard Specifications is hereby revised for this project as follows:
Subsection 630 shall include the following:
The contractor shall submit a Construction Traffic Control Plan (TCP) prior to any construction
activities within or affecting traffic within the public rights-of-way. The traffic control plan shall
identify the anticipated type and location of the traffic control devices, the time of the traffic
control supervision, and the anticipated need for flagging. The Contractor shall be responsible
for providing all traffic control devices for the duration of the project required by the construction
activities or as directed by the Engineer. The Contractor shall modify the traffic control,
including adding additional devices during construction as necessary or as directed. All traffic
control devices no longer required shall be removed from the site.
The components of the TCP for this project are included in the following:
The City of Fort Collins Work Area Traffic Control Handbook, the Manual of Uniform
Traffic Control Devices (U.S. Department of Transportation), or applicable statutory
requirements of authority having jurisdiction. The City of Fort Collins Handbook takes
precedence over the Manual of Uniform Traffic Control Devices
Section 630 of the specifications
Revisions of Sections 100, 104, and 108 of these Project Specifications
Standard Plans S-630-1, S-630-2, and S-630-3
Permanent Traffic Signal Plans
Permanent 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 Engineer. 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 Engineer based on actual traffic operations.
B. To implement the TCP, the Contractor shall develop and submit with the TCP a Method
for Handling Traffic (MHT) for each different phase of the construction as outlined in
Subsection 630.09.
C. The Contractor shall maintain pedestrian and bicycle movements through the project
site. The Traffic Control Plan shall address the method of handling these movements.
D. The Contractor shall at all times, provide for emergency vehicle access into and through
the construction site.
E. The Contractor shall keep areas free of excavated material, construction equipment,
pipe, and other materials and equipment.
F. The Contractor shall keep fire hydrants and water control valves free from obstructions
and available for use at all times.
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REVISION OF SECTION 630
CONSTRUCTION TRAFFIC CONTROL
G. The Contractor shall conduct operations in a manner to avoid unnecessary interference
with public and private roads and drives.
H. The Contractor shall provide and maintain continual access for businesses and
residences.
I. Road Usage Between Operations – At all times when work is not actually in progress,
the Contractor shall make passable and shall open to traffic such portions of the project
and temporary roadways or portions thereof as may be agreed upon between the
Contractor, the City of Fort Collins, and all other authorities having jurisdiction over any
properties involved.
J. The Contractor shall not have any construction equipment or materials in the lanes open
to traffic at any time, unless directed.
K. The Contractor shall coordinate all Traffic Control activities with the City of Fort Collins
Traffic Engineering and Electric Departments to assure that all work activities by those
departments are coordinated with the Contractor’s activities. At least 48 hours in
advance notice is required.
The Mason Bike/Pedestrian Trail shall be kept open for use at all times, with the exception
being during the bridge erection. The Contractor protect the trail and road users at all times.
Subsection 630.14 of the Standard Specifications is hereby deleted for this project and replaced
with the following: Traffic control devices and other traffic control operations, including flagging,
management, and inspection, will not be measured separately, but to be included in Item 630 –
Traffic Control (Lump Sum).
Subsection 630.15 of the Standard Specifications is hereby deleted for this project and replaced
with the following: All payment for Traffic Control, including preparation of the TCP and MHT;
providing, installing, relocating, and removal of all construction traffic control devices; traffic
control management and inspection; and flagging for automobile traffic and pedestrians to be
included in Item 630 – Traffic Control (Lump Sum).
Subsection 630.15 shall include the following:
PAY ITEM PAY UNIT
Construction Traffic Control Lump Sum
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REVISION OF SECTION 632
BRIDGE FINISHES
Section 632 is hereby added to the Standard Specifications as follows:
DESCRIPTION
632.01 This work consists of the fabrication, delivery, and installation, as required, of the
finishing elements on the pedestrian bridge unit. The finishing elements include, but are not
limited to steel roof deck, EPDM roofing, wire mesh infilled screening, and all miscellaneous
materials required to complete the work.
MATERIALS AND CONSTRUCTION REQUIREMENTS
632.02 Items detailed and specified in the construction drawings shall be furnished and installed
in accordance with the following CSI-format specifications:
1. Section 05310 – Steel Deck
2. Section 07531 – EPDM
METHOD OF MEASUREMENT
632.03 Items in this section shall not be paid for separately, but shall be included in the work.
BASIS OF PAYMENT
632.04 All items listed above in this section, including glazing and associated steel framing,
glazing sealer, roofing, and composite steel floor deck will not be paid for separately, but shall
be in included in the costs of the following pay item:
PAY ITEM PAY UNIT
Bridge Finishes Lump Sum
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SECTION 05310 – STEEL DECK
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Contract Drawings and general provisions of the Contract.
1.2 SUMMARY
A. This Section includes the following:
1. Steel roof deck on bridge
1.3 SUBMITTALS
A. General: Submit each item in this Article according to the requirements of the
Contract.
B. Product data for each type of deck, accessory, and product specified.
C. Shop drawings showing layout and types of deck panels, anchorage details, reinforcing
channels, pans, deck openings, special jointing, accessories, and attachments to other
construction.
D. Product certificates signed by manufacturers of steel deck certifying that their products
comply with specified requirements.
E. Welder certificates signed by Contractor certifying that welders comply with
requirements specified under the "Quality Assurance" Article.
1.4 QUALITY ASSURANCE
A. Installer Qualifications: Engage an experienced Installer who has completed steel
deck similar in material, design, and extent to that indicated for this Project and with a
record of successful in-service performance.
B. Testing Agency Qualifications: To qualify for acceptance, an independent testing
agency must demonstrate to Engineer's satisfaction, based on evaluation of agency-
submitted criteria conforming to ASTM E 699, that it has the experience and capability
to satisfactorily conduct the testing indicated without delaying the Work.
C. Welding Standards: Comply with applicable provisions of AWS D1.1 "Structural
Welding Code-Steel" and AWS D1.3 "Structural Welding Code--Sheet Steel."
D. FM Listing: Provide steel roof deck evaluated by Factory Mutual and listed in Factory
Mutual "Approval Guide" for Class 1 fire rating and Class 1-90 windstorm ratings.
1.5 DELIVERY, STORAGE, AND HANDLING
A. Protect steel deck from corrosion, deformation, and other damage during delivery,
storage, and handling.
B. Stack steel deck on platforms or pallets and slope to provide drainage. Protect with a
waterproof covering and ventilate to avoid condensation.
PART 2 - PRODUCTS
2.1 MANUFACTURERS
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A. Available Manufacturers: Subject to compliance with requirements, manufacturers
offering products that may be incorporated in the Work include, but are not limited to,
the following:
B. Manufacturers: Subject to compliance with requirements, provide products by one of
the following:
1. American Buildings Co.
2. ASC Pacific Inc.
3. Armco, Inc.
4. Consolidated Systems, Inc.
5. Epic Metals Corp.
6. Marlyn Steel Products, Inc.
7. Roof Deck, Inc.
8. United Steel Deck, Inc.
9. Verco Manufacturing Co.
10. Vulcraft Div. of Nucor Corp.
2.2 ROOF DECK
A. Steel Roof Deck: Fabricate panels without top-flange stiffening grooves conforming to
SDI Publication No. 28 "Specifications and Commentary for Steel Roof Deck" and the
following:
1. Galvanized and Shop-Primed Steel Sheet: ASTM A 446, Grade A, G 60
(ASTM A 446M, Grade A, Z 180) zinc coated according to ASTM A 525
(ASTM A 525M); cleaned, pretreated, and primed with manufacturer's baked-on,
lead- and chromate-free rust-inhibitive primer.
2. Exposed bottom side of roof decking on bridge shall be painted in accordance
with Section 09900 – Exterior Painting. Color shall be white, corresponding to
Federal Standard 595B #27925. Final color to be selected by Architect from
manufacturer’s samples..
3. Span Condition: As indicated.
4. Side Joints: Overlapped or interlocking seam at Contractor's option.
2.3 ACCESSORIES
A. General: Provide accessory materials for steel deck that comply with requirements
indicated and recommendations of the steel deck manufacturer.
B. Mechanical Fasteners: Manufacturer's standard, corrosion-resistant, low-velocity,
powder-actuated or pneumatically driven carbon steel fasteners; or self-drilling, self-
threading screws.
C. Side Lap Fasteners: Manufacturer's standard, corrosion-resistant, hexagonal washer
head; self-drilling, carbon steel screws, No. 10 (4.8 mm) minimum diameter.
D. Rib Closure Strips: Manufacturer's standard vulcanized, closed-cell, synthetic rubber.
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E. Miscellaneous Roof Deck Accessories: Steel sheet, 0.0359-inch- (0.91-mm-) thick
minimum ridge and valley plates, finish strips, and reinforcing channels, of same
material as roof deck.
F. Steel Sheet Accessories: ASTM A 446, G 60 (ASTM A 446M, Z 180) coating class,
galvanized according to ASTM A 525 (ASTM A 525M).
G. Galvanizing Repair Paint: SSPC-Paint 20 or DOD-P-21035, with dry film containing a
minimum of 94 percent zinc dust by weight.
H. Preset Inserts: Manufacturer's standard, UL-labeled single-piece preset inserts,
fabricated from either steel sheet galvanized according to ASTM A 525, G 60
(ASTM A 525M, Z 180) coating class, or zinc sheet, with removable covers.
PART 3 - EXECUTION
3.1 EXAMINATION
A. Examine supporting framing and field conditions for compliance with requirements for
installation tolerances and other conditions affecting performance of steel deck.
3.2 PREPARATION
A. Do not place deck panels on concrete supporting structure until concrete has cured
and is dry.
B. Locate decking bundles to prevent overloading of supporting members.
3.3 INSTALLATION, GENERAL
A. Install deck panels and accessories according to applicable specifications and
commentary of SDI Publication No. 28, manufacturer's recommendations, and
requirements of this Section.
B. Install temporary shoring before placing deck panels when required to meet deflection
limitations.
C. Place deck panels on supporting framing and adjust to final position with ends
accurately aligned and bearing on supporting framing before being permanently
fastened. Do not stretch or contract side lap interlocks.
D. Place deck panels flat and square and fasten to supporting framing without warp or
deflection.
E. Cut and neatly fit deck panels and accessories around openings and other Work
projecting through or adjacent to the decking.
F. Provide additional reinforcement and closure pieces at openings as required for
strength, continuity of decking, and support of other Work.
G. Comply with AWS requirements and procedures for manual shielded metal arc
welding, appearance and quality of welds, and methods used in correcting welding
Work.
H. Mechanical fasteners may be used in lieu of welding to fasten deck. Locate
mechanical fasteners and install according to deck manufacturer's instructions.
3.4 ROOF DECK INSTALLATION
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A. Fasten roof deck panels to steel supporting members by #12 Tek screws or larger at
the spacing indicated in the construction plans.
B. Side Lap and Perimeter Edge Fastening: Not Required
C. End Bearing: Install deck ends over supporting framing with a minimum end bearing of
1-1/2 inches, with end joints as follows:
1. End Joints: Lapped 2 inches minimum or butted at Contractor's option.
D. Miscellaneous Roof Deck Accessories: Install ridge and valley plates, finish strips,
cover plates, end closures, and reinforcing channels according to deck manufacturer's
recommendations. Fasten to substrate to provide a complete deck installation.
3.6 REPAIRS AND PROTECTION
A. Galvanizing Repairs: Prepare and repair damaged galvanized coatings on both
surfaces with galvanized repair paint according to ASTM A 780 and the manufacturer's
instructions.
B. Touchup Painting: Wire brush, clean, and paint scarred areas, welds, and rust spots
on both surfaces of installed deck panels.
1. Touch up painted surfaces with same type of shop paint used on adjacent
surfaces.
2. Where shop-painted surfaces are exposed in-service, apply touchup paint to
blend into adjacent surfaces.
C. Touchup Painting: Cleaning and touchup painting of field welds, abraded areas, and
rust spots, as required after erection and before proceeding with field painting, are
included in "Painting."
D. Provide final protection and maintain conditions to ensure steel decking is without
damage or deterioration at time of Interim or Substantial Completion.
END OF SECTION 05130
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SECTION 07531 - EPDM
PART 1 - GENERAL
1.1 RELATED DOCUMENTS:
A. Drawings and general provisions of the Contract, including General and
Supplementary conditions.
1.2 SUMMARY
A. Section Includes:
1. Roof insulation
2. Crickets and saddles
3. Elastomeric (EPDM) single-ply fully adhered roofing membrane
4. Membrane flashing
5. Penetration flashings
1.3 DEFINITIONS
A. Roofing Terminology: Refer to ASTM D 1079 for definition of terms related to roofing
work not otherwise defined in this Section.
1.4 PERFORMANCE REQUIREMENTS
A. General: Install sheet membrane roofing and base flashing that are watertight; will not
permit the passage of liquid water; and will withstand anticipated wind loads, thermally
induced movement, shrinkage and exposure to weather without failure.
B. Material Compatibility: Provide roofing materials that are compatible with one another
under conditions of service and application required, as demonstrated by roofing
system manufacturer based on testing and field experience.
C. External fire resistance: Underwriter’s Laboratory, Inc. Class A Fire Resistance Rating.
Provide sheet membrane, base flashings, and component materials that meet
requirements of Underwriter’s Laboratory “Fire Resistance Directory" for Materials shall
be identified as UL Approved.
D. Wind Resistance:
1. The roof deck, insulation and membrane, shall be installed to resist a negative
pressure caused by a 99 mph three second gust wind and a ground roughness
exposure of Class C in accordance with ASCE 7-05 or Factory Mutual Global
Loss Prevention Data Sheet 1-29, for Wind Uplift Pressures on Roofs. For
“special wind regions”, contractor shall consult with the local building official for
their code requirements. The wind design speed that is more stringent of the
three methods shall be utilized to calculate the ultimate uplift design pressure on
the roof.
2. Subsequent to determining the design wind speed and anticipated uplift
pressures on the roof(s), contractor shall install the roof insulation and membrane
to comply with the manufacturer’s design, performance and installation
requirements to comply with the following authorities:
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a. Factory Mutual System Loss Prevention Data Sheets:
1) Bulletins 1-28 & 1-29, latest editions, for Class 1-75 minimum
Windstorm Resistance.
2) Bulletin 1-49, latest edition, for Wind Uplift Pressures on Roof Edges.
b. SPRI - Flexible Membrane Roofing: A Professional’s Guide to
Specifications, latest edition, published by SPRI, a consortium of sheet
membrane and component suppliers to the commercial roofing industry
(SPRI) - Chapter 3 - Design Considerations "Wind Design Guide for Fully
Adhered Single-Ply Roofing Systems”, Exposure C.
E. Design requirements specified in this Section shall supercede the roofing
manufacturer’s minimum requirements unless they are more stringent than stipulated
herein.
F. Comply with manufacturer's 20 year NDL guarantee requirements
G. FM Listing: Provide sheet membrane, base flashings, and component materials that
meet requirements of FM 4450 and FM 4470 as part of a roofing system and that are
listed in FM's "Approval Guide" for Class 1 or noncombustible construction, as
applicable. Identify materials with FM markings.
1.5 REFERENCE STANDARDS
A. Reference Standards:
1. See Section 01060
2. Manufacturer's Roofing Systems Handbook and Specifications.
3. SPRI Wind Design Guide for Fully Adhered Systems
4. Sheet Metal and Air Conditioning Contractors National Association, (SMACNA)
Vienna, VA. "Architectural Sheet Metal Manual", latest edition
5. National Roofing Contractors Association, Chicago, IL. (NRCA) Roofing and
Waterproofing Manual Construction Details for Roofing, latest edition
6. Applicable Building Codes
B. ASTM - American Society of Testing and Materials, Philadelphia, PA.
1. ASTM C 208 Rigid Insulation, Cellulosic Fiber
2. ASTM D 4637 Vulcanized rubber membranes
3. ASTM D 412 Tensile strength and elongation
4. ASTM D 573 Accelerated heat aging
5. ASTM D 624 Tear resistance
6. ASTM D 1149 Ozone resistance
7. ASTM D 573 Accelerated heat aging
C. Factory Mutual Research Corporation Loss Prevention Data and Technical Advisory
Bulletins (latest editions):
1. 1-7 , Wind Forces on Buildings and Other Structures
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2. 1-28, Insulated Steel Deck
3. 1-28S, Wind Uplift Pressures on Roofs
4. 1-29, Roof Deck Securement and Above-Deck Roof Components
5. 1-30, Mechanical Fasteners for Roof Insulation Covers
6. 1-47, Roof Coverings
7. 1-49, Perimeter Flashing
D. Safety: The roofing contractor is responsible for being familiar with and enforcing safety
regulations, rules, and practices as prescribed by the following:
1. Occupational Safety & Health Administration (OSHA). These guidelines shall
include but not limited to employing warning lines and a stopping device near
roof edges.
2. Code of Federal Regulation (CFR) 29, 1910 & 1926
3. American National Standards Institute (ANSI) Z359.1
4. National Fire Protection Association (NFPA) 241
1.6 SYSTEM DESCRIPTION
A. The roofing system shall consist of a 60 mil non-reinforced fully adhered EPDM
membrane over a new ½” glass-mat, water-resistant gypsum substrate, mechanically
fastened metal deck.
B. Contractor to flash all curbs, penetrations, and terminations in accordance with the
detail drawings. Drawings and specifications shall supercede manufacturer’s
requirements if more stringent.
C. Special Requirements: Field seams shall be made with 3" wide seam tape with a 5"
peel-and-stick cover strip.
D. Acceptable manufacturer's:
1. Carlisle Syntec
2. Firestone Building Products Corp.
E. Alternates shall be submitted in accordance with Division 1.
1.7 SUBMITTALS:
A. General: Provide submittals in accordance with the provisions of Section 01300.
B. Submittals shall include but are not limited to the following documents: Product data,
MSDS sheets, Spec Data Sheets, Factory Mutual fastener pattern requirements for
rigid insulation and membrane, Manufacturer’s Specifications requirements and
standard details, Manufacturer’s guarantee, Material samples, Shop drawings, Letters
of Certification, and samples.
C. Alternates: No alternate roofing specifications will be permitted. For any items specified
as an "or equal", Contractor must provide submittals for approval by the roofing
consultant and the owner's representative. Contractor assumes all liability and costs
associated thereof for installing any item not previously approved in writing by the
owner's representative.
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1.8 QUALITY ASSURANCE
A. Pre-Construction Conference: Prior to beginning the work, the Architect/Consultant will
arrange a conference with the roofing contractor and other trades involved, with their
respective foreman, to review the scope of work, specifications, and owner's
expectations.
B. Record of Work: Contractor shall keep records indicating temperature, relative
humidity, moisture conditions, wind speed and type and location of work being done
during each day of roofing operations.
C. Application: Accomplish roofing work with supervisor, foreman, and mechanics
thoroughly skilled in the application of the specified materials. Workmanship shall
meet industry standards and shall fulfill the requirements of the Contract Documents.
Follow specific directions published by the manufacturer, regarding application of their
roofing materials. Do not deviate from the manufacturer's published instructions
without prior written approval from the Architect/Consultant and owner's representative.
D. After starting Work, the roofing contractor shall be responsible for complete moisture
integrity of the roofing and flashing membrane, and for providing properly applied roof.
The roofing contractor shall:
1. Establish and follow application procedures and ensure that adequate quantities
of materials are being used.
2. Maintain competent foremen continuously supervising Work, with authority to
discard unsuitable materials and remove unsatisfactory workmen from the
project.
3. Observe fire precautions involving storage and handling of roofing materials:
Provide adequate quantity of fire extinguishers at worksite.
4. Coordinate the installation of work by other trades affecting the roof, to assure
that curbs and penetrations are made watertight and that they meet the minimum
requirements of this specification. Contractor shall notify immediately, the
General Contractor, Owner, and Roofing Consultant in writing of potential leaks
as may be caused by other trades.
E. Coordinate all roofing operations daily with the Roofing Inspector and the owner’s
representative.
F. Field Supervision: Maintain a full-time foreman with a minimum of five years
experience and accreditations with this type of roofing system on job site during
application.
G. Field Documents: The contractor's foreman shall have a copy of this specification, all
pertinent details, submittals, shop drawings and a copy of the Roofing Manufacturer's
Roofing Systems Handbook at work site.
1.9 DELIVERY, STORAGE, AND HANDLING
A. Contractor shall comply with Section 01600 - Equipment and Material Storage and
manufacturer’s guidelines with regard to the delivery, storage and handling of all
materials that are used or incorporated into the roofing system.
1.10 PROJECT CONDITIONS:
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A. Environmental Requirements: Do not apply roofing during wet weather or when
ambient temperature is below 32o F. Do not apply spray foam adhesive if the wind
speed is greater than 8 mph or if the relative humidity exceeds the value recommended
by the manufacturer.
B. Waste Products: Do not allow petroleum, grease, oil, solvents, vegetable or mineral
oil, animal fat or direct steam venting to come in contact with membrane.
C. A minimum of one 20B fire extinguisher shall be available within thirty horizontal feet of
the work area.
D. Protect finished work with ½ inch plywood for storing material and temporary traffic
surfaces.
E. During cold weather (below 40o F) contractor shall provide plywood ramps over existing
membrane for transporting materials and personnel.
F. During cold weather (below 40o F) contractor shall provide storage “hot” boxes to store
materials and tools to prevent products from freezing.
G. Contractor is responsible for removing asbestos containing materials according to
applicable Local, State, and Federal laws and regulations.
H. The roofing contractor shall be responsible for verification of all building dimensions
and number and location of roof top units and penetrations.
I. The roofing contractor shall coordinate the installation of mechanical equipment, roof
drains, and other items that affect the roof so that units are properly set and the roof is
not damaged. Make roof and flashing repairs as necessary and advise the consultant
and owner's representative in writing of all potential leaks that may be caused by other
trades.
1.11 WARRANTY
A. Manufacturer's Warranty: Provide a 20 year written watertight guarantee, with an
unlimited penal sum, covering materials and installation for total roofing system.
Limitation for wind loss and hail damage must be specified.
B. Contractor's Warranty: Prior to the start of the work under this section, the Contractor
shall warrant and submit written certification, in a form subject to the Architect's
approval, that the membrane roofing system executed under this Section will be water-
tight and will be free from defects in materials and workmanship for a period of two (2)
years from date of acceptance of the Project, and that the contractor, at his own
expense, will repair and/or replace all such defective work; and further, that he/she will
assume full responsibility for repair and/or replacement of all other work which may
become damaged as a result of such defective work, any and all of which becomes
defective during the warranty period. The Roof Warranty shall be signed by the
Roofing Contractor and General Contractor, jointly and severally, by officers of each
company.
PART 2 - PRODUCTS
2.1 INSULATION
A. Substrate Board: ASTM C 1177/C 1177M, glass-mat, water-resistant gypsum
substrate, 1/2 inch (13 mm) thick.
B. Tapered Edge Strips (TES): Supplied by an Authorized Tapered Insulation Fabricator.
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C. Tapered Insulation/cricket system: Shall be factory tapered and have an effective
positive slope of 1/4 inch per foot. Acceptable materials are polyisocyanurate.
2.2 FASTENERS:
A. Insulation to steel deck:
1. Steel deck fasteners with a "ClimaSeal" coating and approved by the roofing
manufacturer.
2. The steel deck screw shall be #12 minimum screws with a 3" diameter plastic or
metal plate approved by the roofing manufacturer and acceptable with FM
systems.
3. The fastener length shall be sufficient to penetrate the steel deck 3/4" minimum.
B. Wood to wood:
1. Galvanized, common, annular ring nail.
2. Two rows, staggered, each row spaced 24" o.c. Within 8 ft. of corners, space
fasteners 12" o.c.
3. Withdrawal and pull-over resistance shall be 100 lbs. per nail minimum.
4. Length: Sufficient to penetrate preceding blocking by 1-1/4".
C. Wood to steel deck:
1. No. 10 min. galvanized steel metal screws, 2 rows, at 24" o.c., used with 5/8"
diameter steel washers.
2. The fastener length shall be sufficient to penetrate the steel deck 3/4" minimum.
D. Roofing material to wood:
1. Eleven gauge, galvanized nails with an integral 1" square flat head cap, and
annular or spiral ring shank.
E. Roofing Material to concrete or masonry: Concrete nails with an integral flat cap (1
inch minimum diameter) or driven through one inch diameter tin caps.
F. Sheet metal to wood (buried by roofing):
1. FS FF-N-105B(3) Type II, Style 20, roofing nails, galvanized steel wire, flat head,
diamond point, round barbed shank.
2. Length sufficient to penetrate wood blocking 3/4".
3. Acceptable manufacturers:
a. Fabco
b. Independent Nail Co., Bridgewater, MA.
c. Simplex Nail and Manufacturing Co., Americus, GA.
G. Sheet metal to wood (exposed):
1. Hex head screws with EPDM/stainless steel sealing bearing washers. Length
sufficient to penetrate wood 1-1/4". Maximum spacing shall be 24" on center.
H. Hook Strips to wood:
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1. Annular threaded nails with 3/16" minimum flat head. Nail shall penetrate wood a
minimum of 1-1/4", spaced a minimum of 16" [24"] on center.
2. No. 8 corrosion resistant screws. The screw shall penetrate the wood a
minimum of 3/4", spaced a minimum of 16" [24"] on center.
I. Anchor Bars, Reglets, or Sheet Metal to Concrete:
1. High strength steel anchors with sealing/bearing washer, length sufficient to
penetrate substrate 3/4".
2. Pin driven, lead encased, expansion anchors with sealing/bearing washer.
Zamac fastener or equal.
J. Wood to Hard Rock Concrete:
1. Wedge Anchor and Washer:
a. Minimum Diameter: ½"
b. Maximum Spacing: 40" o.c.
2. Sleeve Anchor and Washer:
a. Minimum Diameter: 3/8"
b. Maximum Spacing: 30" o.c.
3. Threaded Concrete Anchor:
a. Minimum Diameter: 1/4"
b. Maximum Spacing: 12" o.c.
4. Drive Anchor:
a. Minimum Diameter: 1/4"
b. Maximum Spacing: 12" o.c.
K. Drawband:
1. Gold Seal stainless steel worm gear clamp by Murray Corp., Cockeysville, MD.
2. Power-Seal stainless steel worm drive clamps by Breeze Clamp Co., Saltsburg,
PA.
2.3 MEMBRANE:
A. Roofing Membrane: Shall be 60 mil, non-reinforced Ethylene Propylene Diene
Monomer (EPDM) elastomeric roofing sheet for use in fully adhered single-ply roofing
systems.
B. Membrane Flashing: Shall be 60 mil cured EPDM sheet. For corners, transitions, field
wrap flashings and target patches contractor shall use uncured EPDM membrane.
C. Seam Tape: Shall be peel-and-stick, double-sided butyl sealing strip, 3" wide for
sealing lap seams supplied by the manufacturer.
D. Cover Strips: Shall be 5" minimum wide cured EPDM with one-sided butyl sealing strip
for cover strips on lap seams supplied by the manufacturer.
2.4 PRIMERS, SEALANTS, COATINGS, AND CEMENTS
A. Lap Cement:: Where seam tape is not specified, to seal the laps of the EPDM
membrane, contractor shall use butyl based lap cement as supplied by the
manufacturer.
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B. Bonding Cement: To adhere membrane and flashing to porous surfaces, approved by
the manufacturer, shall be butyl based bonding cement as supplied by the
manufacturer.
C. Lap Caulking: To caulk the exposed edges of seams of the membrane (where seam
tape is not utilized) and flashing materials shall be rubber-based lap caulking as
supplied by the manufacturer.
D. Sealing Mastic: To seal the membrane and flashing to drain flanges and other metal
surfaces shall be butyl-based non-hardening sealant as supplied by the manufacturer.
E. Pourable Sealer: To fill roof projection pans shall be two component urethane self-
leveling pourable sealer as supplied by the manufacturer.
F. Water Cut-offs: To temporarily seal the edges of uncompleted membrane at the end of
each work day shall be water cut-off mastic as supplied by the manufacturer.
G. Primer: To prime metal surfaces prior to the application of cements shall be supplied by
the manufacturer.
2.5 RELATED MATERIALS:
A. Pre-Molded Pipe Flashings: To flash round pipe penetrations shall be pre-molded
EPDM pipe flashings as supplied by the manufacturer.
B. Joint Caulking: To seal exposed metal or concrete joints shall be one part modified
urethane caulking, NP-1 as manufactured by Sonneborne or approved equal.
C. Protection Pads: Rubber walkways. Minimum thickness shall be ½". Minimum width
shall be 24". Shall be approved by the manufacturer.
D. Pipe Supports:
1. For pipes larger than 2-1/2", roof-mounted supports shall be Type PS swing
support assembly.
2. For pipes 2-1/2" or smaller, roof-mounted supports shall be Type PP-10 with
roller or strut assembly. For medium to large size pipes. Refer to drawings.
E. Deck Corrosion Treatment: 1. Conquest polymeric rust converter manufactured by
National Chemsearch Corp.; 2. Rust Converter by Total Solutions; 3. Rust Reformer by
Rustoleum; 4. Approved Equal.
PART 3 - - EXECUTION
3.1 INSPECTION:
A. The Architect or roofing consultant will inspect the roof system periodically during
installation and perform a final inspection. The roofing contractor shall advise the
Architect and consultant in advance of when he/she plans to start the roofing
installation and advise him/her of all changes from that schedule.
B. General Substrate Inspection:
1. Verify that all work that requires penetrating the deck, or that requires people and
equipment to travel over the roof deck has been completed.
2. See that all surfaces are adequately anchored, even and free of any foreign
material or moisture.
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3. Immediately notify the owner's representative of any defects or damage to the
substrate. Do not apply the roof system until these defects have been corrected.
4. Verify that all curbs and nailers are in place and properly installed.
3.2 JOB CONDITIONS
A. All existing work including roofing membranes shall be properly protected from damage
or soiling.
1. Protect interior plant operations and personnel from debris or dust at all times.
2. Contractor shall secure all vent stacks and duct work prior to removing the
existing roofing materials to avoid displacement or damage to the pipe or vent
stack.
3. If double wall flue pipes need to be extended, contractor shall use a continuous
pipe fabricated to fit the specified job conditions. DO NOT CUT DOUBLE WALL
PIPING TO FIT ACCESSORIES OR EXTENSIONS.
4. Contractor shall be responsible for security when opening the building for roof
projections and/or curbs.
5. Ground storage and work areas shall be confined to the areas designated by
Owner.
6. Any damage done to the Owner's property shall be replaced or restored to the
original condition by the roofing contractor at his own expense.
7. The roofing contractor shall protect the roofing membrane with plywood or
sacrificial insulation as necessary. Any damage to existing roof shall be repaired
until replaced by the roofing contractor at his expense.
B. Weather Condition Limitations: Proceed only when existing and forecasted weather
conditions will permit in accordance with the requirements of this specification.
3.3 REMOVAL OF EXISTING ROOFS:
A. The existing aggregate ballast shall be disposed of in accordance with the owner’s
request. The existing rigid insulation shall be salvaged where sound. Any debris such
as broken glass or other sharp objects shall be removed. Damaged, wet or
deteriorated insulation boards shall be replaced with new product.
B. The existing roofing membrane shall be removed. Remove all base flashings, metal
wall cladding, edge flashings and all other items incorporated therein. No more roof
shall be removed than can be protected and made watertight by the completed roofing
membrane in any work day or work period.
C. Remove or cover with plywood, any substrate surfaces on walls or curbs that are
incompatible with the new membrane flashing materials.
D. The roofing contractor shall exercise care to prevent damage to the existing deck and
must replace or repair, at his/her expense, any roof deck that he/she damages.
E. Remove any deteriorated (decayed, wet, split) wood nailers down to firm base and
replace with new treated wood nailers same as existing.
F. Remove existing roof jacks, pitch pans, metal flashings, wall flashings, copings,
counterflashings, scuppers, and similar metal items.
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G. All debris shall be removed from roof and deposited, using an enclosed trash chute,
into trucks or containers to be removed at the roofing contractor's expense. No
overnight stockpiling of debris on the roof shall be permitted.
H. The roofing contractor shall be responsible for keeping the building roof and
surrounding area in a neat, orderly, and secure condition.
I. Clean the roof surfaces of all loose material and other impediments that will be
detrimental to application of new roofing materials.
J. Any deck deteriorated beyond repair shall be replaced before reroofing, with material to
match existing, and the roofing contractor shall be reimbursed on a unit price basis.
3.4 WORKMANSHIP:
A. General: Perform work in accordance with the manufacturer's recommendations,
except as specified herein.
B. Never apply more adhesive than can be properly covered up by membrane or flashing
prior to setting up.
C. Install only as much roofing material as can be completed and covered in accordance
with specified requirements in one day.
D. Do not traffic over or stack roofing equipment or materials on completed new roofing
surfaces, without adequate protection with ½ inch plywood.
E. Do not apply roofing materials before sunrise, and when there are indications of
moisture present (rain, mist, dew, frost, and snow).
F. Apply roofing membrane so direction of water flow is over, and not against membrane
laps.
G. Ensure fishmouths and wrinkles within 6" of a lap are cut and patched with uncured
membrane.
H. When using mechanical adhesive dispensing equipment, always be sure that all
orifices are open when being dispensed.
I. All membrane laps shall be lightly pressed and rolled together to remove all air
bubbles.
J. Install temporary water cut-offs, at the end of work each day, where roofing membrane
does not abut a wall, wood edge member, or expansion joint. Remove water cut-offs
cleanly when work is resumed.
1. If breaks occur in water cut-offs or other part of roofing membrane and water
damages roof insulation, remove damaged roof insulation and replace with new
materials.
2. Make every attempt to install flashing at openings, projections, and walls
adjoining new roofing every day or work period. If circumstances do not permit,
make areas watertight at end of each day or work period.
K. Cold weather precautions shall be followed. Store adhesives, sealants, and seam
tapes in a heated environment, above 60 degrees, up to one hour immediately prior to
installation. Be aware of wind chill temperatures on materials.
L. The General Contractor shall supervise the installation of and be responsible for:
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1. Proper installation of sheet metal, mechanical, plumbing and electrical equipment
and other related work.
2. Repairs to damaged areas, even if caused by other trades. Contractor shall
advise the General Contractor, Owner's Representative, and the roofing
consultant in writing of all potential leaks as may be caused by other trades.
3.5 PREPARATION OF SURFACE AND MATERIALS
A. PENETRATIONS:
1. Vents and other projections through the roof shall be properly secured in position
to prevent horizontal or vertical movement.
2. Prior to completed flashing, penetrations through the deck shall be made
watertight with fabric and plastic roofing cement.
3. Wood nailers shall be furnished and anchored to the roof deck where sheet metal
flanges and metal curbs are to be installed.
B. CONCRETE/MASONRY SURFACES: Where the existing substrate is contaminated
with asphalt or other incompatible substance, provide 3/4" plywood over the concrete
masonry block walls, fastened 12" o.c. in the field and 6" o.c. along the top edge into
the nailers.
3.6 ROOF DRAINS:
A. Carefully remove existing clamping ring and clean debris from surfaces. Examine
drains for defects, i.e. broken stem bolts, cracked bowls or broken clamping rings, and
repair or replace as needed. Test drains to assure proper drainage and clear
obstructions if necessary. Over the drain bowl, install roof membrane plies (except
surfacing material), metal flashing, and stripping. See flashing section below.
3.7 WORKMANSHIP:
A. General: Perform work in accordance with industry standards and the manufacturer's
recommendations, except as specified herein.
B. The membrane shall be thoroughly washed, cleaned, dried and primed prior to
applying the seam tape or lap cement in strict accordance with the manufacturer’s
recommendations and guidelines.
3.8 RIGID INSULATION:
A. Over the existing insulation, install crickets and then a single layer of ½" Retrofit Board,
mechanically fastened with short joints staggered.
B. All insulation installed must be covered by completed roofing membrane at the end of
each day.
C. Follow roofing manufacturer's recommendations for handling and installation
procedures.
3.9 SINGLE-PLY ROOFING MEMBRANE:
A. Furnish and Install a non-reinforced 60 mil fully adhered EPDM single-ply membrane
system in strict accordance with the manufacturer's Roofing System Application
Procedures and Roofing Systems Specifications and as follows:
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1. All mating surfaces shall be cleaned with unleaded gasoline or splice wash and
clean white cotton rags and primed with lap splice primer.
2. Field seams shall be fabricated using 3" seam tape and then covered with 5"
cover strips.
3. Vertical Flashing Seams shall be a minimum of 6" wide.
4. Field and factory "tee" seams shall be covered with a 12" X 12" uncured EPDM
patch with edges sealed with lap caulking.
5. Base tie-in details may be performed with a reinforced securement strip (RSS) or
anchor bar.
B. Water Cut-Offs
1. At the end of each day's work, temporary water cut-offs shall be installed at each
tie-in.
2. The gravel from the existing roof must be removed along the tie-in. The existing
membrane shall be washed with wet rags and allowed to dry.
3. Contractor shall utilize the necessary means to effect a watertight tie-in that will
not fail as a result of shrinkage of the existing membrane.
4. Apply a continuous bead of water cut-off mastic over the existing membrane,
approximately 6" from the edge.
5. Extend the new membrane onto the existing membrane, making contact with the
water cut-off mastic and seal the remaining lap splice with contact adhesive.
6. Over the tie-in, install wood or metal batten strips with gaps in
between to allow for drainage.
7. Water cut-offs shall be completely removed when work is resumed.
3.10 FLASHINGS:
A. Curb Flashings:
1. Remove mechanical equipment from curb where feasible or as designated on the
drawings.
2. For large units on curbs, the corners of the metal cap may be opened to install
the flashing material below the lip of the counterflashing. CAUTION - DO NOT
BEND THE LIP OF THE COUNTERFLASHING EXCESSIVELY SO AS TO
CAUSE DEFORMATION OF THE CAP, RESULTING IN PONDING WATER.
3. Prepare substrate to receive new membrane flashing materials. Do not apply
adhesives and new flashing material to incompatible materials such as PVC
coated metal, etc.
4. Install new roofing membrane as required.
5. Install new flashing membrane per detail drawings and in accordance with the
manufacturer's recommendations. Base tie-ins may be performed with a
reinforced securement strip (RSS) or anchor bar detail. RSS strips shall be
bonded to the rigid insulation as well as mechanically fastened per the
manufacturer's recommendations.
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6. At all horizontal-to-vertical transitions, furnish and install a 6" wide uncured
EPDM target patch over all vertical seams.
B. Parapet Wall Flashings:
1. Extend membrane up the wall and over the top of the parapet.
2. Install new flashing membrane per detail drawings in accordance with the
manufacturer's recommendations.
C. Roof Jacks and Plumbing Vents:
1. Whenever possible, use pre-molded rubber flashings for roof projection flashings.
2. Pipes or conduits less than 1" in diameter shall be flashed with a sealer pan.
FIELD WRAPS WILL NOT BE ACCEPTABLE.
3. Prime all metal flange surfaces (top and bottom) with metal primer per
manufacturer's recommendations.
4. Embed the metal flange in water cut-off mastic.
5. For sheet metal roof projection pans or other components with metal flanges, nail
the flange to the wood nailer that is fastened to the deck (except for pre-molded
pipe flashings, which do not require wood blocking below).
3.11 TRAFFIC AREAS:
A. Around each mechanical unit, roof scuttle, skylight monitor and pathways shown on the
drawings, furnish and install reinforced concrete pavers over a polyester mat or extra
strip of membrane, loose laid over the completed membrane. Space the pavers a
minimum of 3" and a maximum of 6" apart.
3.12 SHEET METAL:
A. Metal Coping: Extend membrane flashing under the coping, extending 2" past the
bottom edge of the wood nailer and wall joint. The side laps shall be a min. of 6" and
sealed to a watertight condition. The relief cuts at inside and outside corners shall be
patched and sealed to a watertight condition.
3.13 CLEAN UP:
A. The roofing contractor shall remove markings from finished surfaces. In areas where
finished surfaces are soiled by mastics, glues or any other materials caused by work
under this Section, consult the manufacturer of building materials for cleaning advice
and conform to their instructions. All cost to be borne by the roofing contractor.
B. Upon completion of roofing work, the roofing contractor shall remove all remaining
materials, debris, and leave building and worksite in a neat, clean and undamaged
condition.
END OF SECTION 07531
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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 Sue Paquette (970) 224-6068
Water – City of Fort Collins Sue Paquette (970) 224-6068
Storm Water – City of Fort Collins Glen Schlueter (970) 224-6065
Lighting and Electric – City of Fort Collins Janet McTague (970) 224-6154
Forester – City of Fort Collins Ralph Zentz (970) 221-6302
Gas – Xcel Energy Len Hilderbrand (970) 225-7848
Telephone – Centurylink
Telephone – Colorado State University
Rich Stiverson
Jonathan Friedrich
(970) 377-6403
(970) 491-2305
Cable TV – Comcast Dan Kapperman (970) 484-7166
REA (Electrical) Terry Willis (970) 266-1234
Railroad – Burlington Northern and Santa Fe Scott Peterson (307) 432-7346
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.
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).
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UTILITIES
The Contractor shall coordinate with the City of Fort Collins Electric regarding the installation of
pedestrian lighting and the City of Fort Collins Traffic Department regarding the installation of
traffic signal equipment, and signing and striping.
The following utility work shall be performed by the Utility Company or their agents:
Colorado State University Telephone – Relocate the existing telephone line in the vicinity of
the west plaza, to avoid conflicts with new ramp and bridge foundations, as required. The work
is to be paid for with City of Fort Collins funding.
BNSF Railway – Any work conducted within 25’-0” of the center or track that is not conducted
during the track closure period identified in the BNSF Railway Requirements section will require
a flagger supplied by the BNSF Railway. The flagger will be paid for by Force Account, as noted
in the plans and specifications.
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 811 or 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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BNSF RAILWAY REQUIREMENTS
GRADE SEPARATION AT NRRC PROJECT DESCRIPTION
This project requires the construction of a pedestrian bridge spanning over the BNSF tracks
adjacent to the Natural Resources Research Center (NRRC) in Fort Collins, CO. The final
bridge configuration has been designed to span the entire BNSF right-of-way. A prefabricated
truss bridge superstructure with a poured-in-place concrete deck, and fully enclosed with
screening will be supported on bridge pier supports located outside of the right-of-way.
The west bridge pier (Pier 1) is located more than 50’ away from the BNSF right-of-way, thus
access to BNSF property will not be required for its construction. The east pier (Pier 2) is
adjacent to the right-of-way, where a ramp structure is also being constructed. The right-of-way
will need to be accessed to complete the construction. A 25’ wide permanent easement has
been established for the construction of a bus rapid transit system along the east side of the
BNSF right-of-way. The Contractor will have access to this easement to construct the
pedestrian bridge, under the terms of the railroad agreement, portions of which have been
provided below (Exhibits E, E-1, and F). The work limits for the east bridge pier and ramp
structure shall be maintained within this easement. The Contractor shall limit excavation within
the permanent easement so as not to encroach upon the limits defined in the “BNSF-UPRR
Guidelines for Temporary Shoring”.
The pre-fabricated bridge superstructure will be delivered in sections to the project site, and will
require a staging area for field assembly prior to bridge erection. The staging area has been
assumed to be in the vicinity of the project, along Bay Farm Road, outside the west boundary of
the BNSF right-of-way. The Contractor shall install roofing and screening on the bridge in a
manner such that overhead work on the exterior of the bridge within the BNSF right-of-way is
limited to locations greater than 25’ from the centerline of the track, while the track is open for
operation.
KEY PROJECT EVENTS
The BNSF will have a representative at the Pre-Construction meeting for the project. The
Contractor is encouraged to plan on executing the necessary Contractor Requirements in
anticipation of this meeting, and be prepared to discuss the intended execution of construction.
Within 90 days of the end of the pedestrian bridge construction, the Contractor shall schedule
with the City of Fort Collins the completion of an as-built survey of the structure, to be provided
to the BNSF. The City will conduct the survey as required.
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BNSF RAILWAY REQUIREMENTS
GENERAL
This project includes construction work on the rights-of-way and/or properties of The BNSF
Railway Company (hereinafter called "Railroad") and adjacent to the tracks, wire lines, and
other facilities of Railroad. That portion of this project involving a hazard to the Railroad, due to
the Contractor's operations, is estimated to be 20 percent of the total project. The City of Fort
Collins of the State of Colorado (hereinafter called "City") does not guarantee the accuracy of
this estimated percentage and assumes no responsibility or liability for losses incurred by the
Contractor or any insurance underwriter in relying upon the accuracy of the estimate in any
manner whatsoever. The Contractor and subcontractors shall cooperate with the officers and
the authorized representatives of the Railroad and its tenants to the end. The Contractor's work
shall be begun, conducted, and completed in such manner as to cause no interference
whatsoever with the safety or the continuous and uninterrupted use and operation of the tracks,
wire lines, and other facilities belonging to the Railroad or its tenants.
For the benefit of the Contractor and the Insurer(s), the current railroad traffic at the project area
is estimated at:
15 freight train movements per day, at maximum speeds of 40 MPH.
The plans for this project, affecting the Railroad, are subject to approval by the Railroad and
changes in plans may be required after award of Contract. Such changes are subject to the
approval of the City, CDOT, and the Railroad.
Before commencing any work on Railroad's properties, the Contractor shall notify:
Mr. Andy Amparan
Manager Public Projects
The Burlington Northern and Santa Fe Railway Company
4515 Kansas Avenue
Kansas City, KS 66106
Phone: 913-551-4964
FAX: 913-551-4077
For flagging and inspection services required by Railroad, contact:
Mr. Gene Eliassen
Project Engineer
The Burlington Northern and Santa Fe Railway Company
3700 Globeville Road
Denver, CO 80216
Phone: (303) 480-6586
FAX: (303) 480-6589
All notices and correspondence with the Railroad shall contain the project number and location.
Conforming copies of such notices and correspondence shall be submitted to the City's
Engineer.
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BNSF RAILWAY REQUIREMENTS
Said notices to be given in writing at least ten days in advance of the date on which the
Contractor expects to begin such work. Notice shall also be given within ten days following
completion and acceptance of such work.
The Contractor shall comply with all rules and regulations prescribed by the Railroad, as to the
proper manner of protecting the tracks (and the traffic moving thereon), telephone, telegraph
and signal wires, and other property of the Railroad or its tenants at and in the vicinity of the
project during the time such work is being performed, and all costs for complying with such rules
and regulations shall be borne by the Contractor. The Contractor shall enter into agreement with
the Railroad in the form of attached “Exhibit E” and “Exhibit E-1” or latest versions thereof
provided by the Railroad. All costs and fees for entering into agreement with the Railroad shall
be borne by the Contractor.
The Railroad shall assign to the Contractor flagmen for the protection of train operations. All
costs for such flagmen shall be as provided in Railroad Flagging herein.
The Contractor shall hold the Railroad harmless and indemnify it from and against any and all
loss, damage, claims, demands, causes of action, cost and expenses of whatsoever nature
arising out of damage to or destruction of property whatsoever, where such injury, death,
damage, or destruction results from any cause due to work done in connection with the
construction of the project on or in close proximity to railroad property and shall also release the
Railroad from and shall waive any claim for injury or damage to the work under construction or
to the property which may result from the construction, maintenance, and operation of railroad
tracks, wire lines, pipe lines, and other railroad facilities on said right-of-ways of the Railroad,
SAVE AND EXCEPTING any death, damage, or destruction resulting solely from the negligent
acts or omissions of the Railroad, its officers, agents, or employees.
RAILROAD INSURANCE
Policy or policies of Insurance, set forth in the Standard Special Provisions titled RAILROAD
INSURANCE and as shown in Section 3 of Exhibit “E-1”, shall be furnished to the Project
Engineer to be forwarded to the City's Staff Construction Engineer for transmittal to the
Railroad. If there is a difference in coverage amounts, the higher amounts shall be provided. All
such insurance shall be maintained so long as work shall continue in the vicinity of Railroad
property.
If any part of the Contract work on Railroad's properties is sublet, similar insurance shall be
provided by or in behalf of each subcontractor.
CONTRACT REQUIREMENTS
The Contractor shall comply with the requirements of the executed agreement “Exhibit E” and
“Exhibit E-1”.
The Contractor and Railroad shall agree, in advance, upon methods and procedures covering
all construction on Railroad's properties. Such proposals shall be in writing with a copy to the
Engineer.
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BNSF RAILWAY REQUIREMENTS
The Contractor shall coordinate project construction with the performance by the Railroad of each
work element listed in “Work to be Done by Railroad” below. Provide an accurate construction
schedule that includes all railroad work elements to the Railroad. Provide the Railroad periodic
updates to the schedule. Conduct necessary Railroad coordination meetings, and provide other
necessary accommodations as directed by the Engineer.
The Contractor shall Perform preparatory work specified for each “Work to be Done by Railroad”
work element. Notify the Railroad in writing, with a copy to the Engineer, prior to the time each
“Work to be Done by Railroad” work element is to be performed by the railroad. Provide the notice
the number of days specified in “Work to be Done by Railroad” immediately prior to the time the
railroad work must be begun to meet the project schedule.
WORK TO BE DONE BY RAILROAD
Furnish personnel for railroad flagging and field supervision/inspection services.
After the Contractor has completed construction of temporary access to the location of the new
overpass structure, and provided the plan of construction sequence and schedule to the
Railroad and the City’s Engineer, the BNSF will schedule the necessary Railroad Field
Supervisor for work elements within Railroad right-of-way, and over the Railroad tracks.
The Contractor shall provide the Railroad written notice 30 days immediately prior to work
elements within Railroad right-of-way and prior to the overpass structure erection dates.
RAILROAD FLAGGING
The Contractor shall notify the Railroad in writing 72 hours prior to beginning and 48 hours prior
to stopping any work that will require flagging services.
It is estimated that one flag person will be required.
During the construction period, all flagging services shall be performed strictly in
accordance with directives and instructions issued by the Railroad. Contractor shall
confer with the Railroad for the times, locations, and manner of such flagging measures.
Flagging services will be performed by Section men.
The Railroad will directly bill the City monthly at the current rates of pay for flagging services.
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BNSF RAILWAY REQUIREMENTS
EXHIBIT "E"
CONTRACTOR REQUIREMENTS
1.01 General
1.01.01 The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter
referred to as "Railway" where work is over or under on or adjacent to Railway property
and/or right-of-way, hereafter referred to as "Railway Property", during the construction of
the Mason Street Bus Rapid Transit Guideway and Mason Street improvements as defined
in the Mason Corridor Bus Rapid Transit Construction and Maintenance Agreement dated
____________.
1.01.02 The Contractor must execute and deliver to the Railway duplicate copies of the
Exhibit “E-1” Agreement, in the form attached hereto, obligating the Contractor to provide
and maintain in full force and effect the insurance called for under Section 3 of said Exhibit
“E-1”. Questions regarding procurement of the Railroad Protective Liability Insurance
should be directed to Rosa Martinez at Marsh, USA, 214-303-8519.
1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to
interfere with the movement of any trains on Railway Property other than as described in the
Mason Corridor Bus Rapid Transit Construction and Maintenance Agreement between
BNSF Railway Company and the City of Fort Collins (“City”).
1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway
to cause the Contractor's work on Railway's Property to cease if, in the opinion of Railway,
Contractor's activities create a hazard to Railway's Property, employees, and/or operations. Railway
will have the right to stop construction work on the Project if any of the following events take place: (i)
Contractor (or any of its subcontractors) performs the Project work in a manner contrary to the plans
and specifications approved by Railway; (ii) Contractor (or any of its subcontractors), in Railway’s
opinion, prosecutes the Project work in a manner which is hazardous to Railway property, facilities or
the safe and expeditious movement of railroad traffic; (iii) the insurance described in the attached
Exhibit E-1 is canceled during the course of the Project; or (iv) the City fails to pay Railway for the
Temporary Construction License or the Easement. The work stoppage will continue until all
necessary actions are taken by Contractor, its subcontractor or the City to rectify the situation to the
reasonable satisfaction of Railway’s Division Engineer or until additional insurance has been
delivered to and accepted by Railway. In the event of a breach of (i) this Agreement, (ii) the
Temporary Construction Easement, or (iii) the Easement, Railway may immediately terminate the
Temporary Construction Easement or the Easement. Any such work stoppage under this provision
will not give rise to any liability on the part of Railway. Railway’s right to stop the work is in addition to
any other rights Railway may have including, but not limited to, actions or suits for damages or lost
profits. In the event that Railway desires to stop construction work on the Project, Railway agrees to
immediately notify the following individual in writing:
Rick Richter
City of Fort Collins
Engineering Department
281 North College Avenue
Fort Collins, Colorado 80522
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BNSF RAILWAY REQUIREMENTS
1.01.05 The Contractor is responsible for determining and complying with all Federal, State
and Local Governmental laws and regulations, including, but not limited to environmental
laws and regulations (including but not limited to the Resource Conservation and Recovery
Act, as amended; the Clean Water Act, the Oil Pollution Act, the Hazardous Materials
Transportation Act, CERCLA), and health and safety laws and regulations. The Contractor
hereby indemnifies, defends and holds harmless Railway for, from and against all fines or
penalties imposed or assessed by Federal, State and Local Governmental Agencies against
the Railway which arise out of Contractor's work under this Agreement.
1.01.06 The Contractor must notify the Urban Drainage and Flood Control District at (303)
455.6277 and Railway's Manager Public Projects, telephone number (913) 551-4964 at
least thirty (30) calendar days before commencing any work on Railway Property.
Contractors notification to Railway, must refer to Railroad's file .
1.01.07 For any bridge demolition and/or falsework above any tracks or any excavations
located with any part of the excavations located within, whichever is greater, twenty-five (25)
feet of the nearest track or intersecting a slope from the plane of the top of rail on a 2
horizontal to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest
track, both measured perpendicular to center line of track, the Contractor must furnish the
Railway five sets of working drawings showing details of construction affecting Railway
Property and tracks. The working drawing must include the proposed method of installation
and removal of falsework, shoring or cribbing, not included in the contract plans and two
sets of structural calculations of any falsework, shoring or cribbing. For all excavation and
shoring submittal plans, the current “BNSF-UPRR Guidelines for Temporary Shoring” must
be used for determining the design loading conditions to be used in shoring design, and all
calculations and submittals must be in accordance with the current “BNSF-UPRR Guidelines
for Temporary Shoring”. All submittal drawings and calculations must be stamped by a
registered professional engineer licensed to practice in the state the project is located. All
calculations must take into consideration railway surcharge loading and must be designed to
meet American Railway Engineering and Maintenance-of-Way Association (previously
known as American Railway Engineering Association) Coopers E-80 live loading standard.
All drawings and calculations must be stamped by a registered professional engineer
licensed to practice in the state the project is located. The Contractor must not begin work
until notified by the Railway that plans have been approved. The Contractor will be
required to use lifting devices such as, cranes and/or winches to place or to remove any
falsework over Railway's tracks. In no case will the Contractor be relieved of responsibility
for results obtained by the implementation of said approved plans.
1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the
Contractor such that the work may be handled and performed in an efficient manner. The
Contractor will have no claim whatsoever for any type of damages or for extra or additional
compensation in the event his work is delayed by the Railway.
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BNSF RAILWAY REQUIREMENTS
1.02 Contractor Safety Orientation
1.02.01 No employee of the Contractor, its subcontractors, agents or invitees may enter Railway
Property without first having completed Railway’s Engineering Contractor Safety Orientation,
found on the web site www.contractororientation.com. The Contractor must ensure that each of
its employees, subcontractors, agents or invitees completes Railway’s Engineering Contractor
Safety Orientation through internet sessions before any work is performed on the Project.
Additionally, the Contractor must ensure that each and every one of its employees,
subcontractors, agents or invitees possesses a card certifying completion of the Railway
Contractor Safety Orientation before entering Railway Property. The Contractor is responsible
for the cost of the Railway Contractor Safety Orientation. The Contractor must renew the
Railway Contractor Safety Orientation annually. Further clarification can be found on the web site
or from the Railway’s Representative.
1.03 Railway Requirements
1.03.01 The Contractor must take protective measures as are necessary to keep railway
facilities, including track ballast, free of sand, debris, and other foreign objects and materials
resulting from his operations. Any damage to railway facilities resulting from Contractor's
operations will be repaired or replaced by Railway and the cost of such repairs or
replacement must be paid for by the Contractor.
1.03.02 The Contractor must notify the Railway's Division Engineer Mark Carpenter at (303)
480-6393 and provide blasting plans to the Railway for review seven (7) calendar days prior
to conducting any blasting operations adjacent to or on Railway's Property.
1.03.03 The Contractor must abide by the following temporary clearances during
construction:
15’ Horizontally from centerline of nearest track
21’-6” Vertically above top of rail
27'-0" Vertically above top of rail for electric wires carrying less than 750 volts
28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000
volts
30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to
20,000 volts
34'-0" Vertically above top of rail for electric wires carrying more than 20,000
volts
1.03.04 Upon completion of construction, the following clearances shall be maintained:
25’ Horizontally from centerline of nearest track
23’-3 ½” Vertically above top of rail
1.03.05 Any infringement within State statutory clearances due to the Contractor's
operations must be submitted to the Railway and to the City and must not be undertaken
until approved in writing by the Railway, and until the City has obtained any necessary
authorization from the State Regulatory Authority for the infringement. No extra
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BNSF RAILWAY REQUIREMENTS
compensation will be allowed in the event the Contractor's work is delayed pending Railway
approval, and/or the State Regulatory Authority's approval.
1.03.06 In the case of impaired vertical clearance above top of rail, Railway will have the
option of installing tell-tales or other protective devices Railway deems necessary for
protection of Railway operations. The cost of tell-tales or protective devices will be borne by
the Contractor.
1.03.07 The details of construction affecting the Railway's Property and tracks not included
in the contract plans must be submitted to the Railway by the City of Fort Collins for
approval before work is undertaken and this work must not be undertaken until approved by
the Railway.
1.03.08 At other than public road crossings, the Contractor must not move any equipment
or materials across Railway's tracks until permission has been obtained from the Railway.
The Contractor must obtain a "Temporary Construction Crossing Agreement" from the
Railway prior to moving his equipment or materials across the Railways tracks. The
temporary crossing must be gated and locked at all times when not required for use by the
Contractor. The temporary crossing for use of the Contractor will be constructed and, at the
completion of the project, removed at the expense of the Contractor.
1.03.09 Discharge, release or spill on the Railway Property of any hazardous substances,
oil, petroleum, constituents, pollutants, contaminants, or any hazardous waste is prohibited
and Contractor must immediately notify the Railway's Resource Operations Center at 1(800)
832-5452, of any discharge, release or spills in excess of a reportable quantity. Contractor
must not allow Railway Property to become a treatment, storage or transfer facility as those
terms are defined in the Resource Conservation and Recovery Act or any state analogue.
1.03.10 The Contractor upon completion of the work covered by this contract, must
promptly remove from the Railway's Property all of Contractor's tools, equipment,
implements and other materials, whether brought upon said property by said Contractor or
any Subcontractor, employee or agent of Contractor or of any Subcontractor, and must
cause Railway's Property to be left in a condition acceptable to the Railway's representative.
1.04 Contractor Roadway Worker on Track Safety Program and Safety Action Plan
1.04.01 Each Contractor that will perform work within 25 feet of the centerline of a track
must develop and implement a Roadway Worker Protection/On Track Safety Program and
work with Railway Project Representative to develop an on track safety strategy as
described in the guidelines listed in the on track safety portion of the Safety Orientation.
This Program must provide Roadway Worker protection/on track training for all employees
of the Contractor, its subcontractors, agents or invitees. This training is reinforced at the job
site through job safety briefings. Additionally, each Contractor must develop and implement
the Safety Action Plan, as provided for on the web site www.contractororientation.com,
which will be made available to Railway prior to commencement of any work on Railway
Property. During the performance of work, the Contractor must audit its work activities. The
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Contractor must designate an on-site Project Supervisor who will serve as the contact
person for the Railway and who will maintain a copy of the Safety Action Plan, safety audits,
and Material Safety Datasheets (MSDS), at the job site.
1.05 Railway Flagger Services:
1.05.01 The Contractor must give Railway’s Roadmaster (telephone 303-480-6251) a
minimum of thirty (30) calendar days advance notice when flagging services will be required
so that the Roadmaster can make appropriate arrangements (i.e., bulletin the flagger’s
position). If flagging services are scheduled in advance by the Contractor and it is
subsequently determined by the parties hereto that such services are no longer necessary,
the Contractor must give the Roadmaster five (5) working days advance notice so that
appropriate arrangements can be made to abolish the position pursuant to union
requirements.
1.05.02 Unless determined otherwise by Railway’s Project Representative, Railway flagger
will be required and furnished when Contractor’s work activities are located over, under
and/or within twenty-five (25) feet measured horizontally from centerline of the nearest track
and when cranes or similar equipment positioned beyond 25-feet from the track centerline
could foul the track in the event of tip over or other catastrophic occurrence, but not limited
thereto for the following conditions:
1.05.02a When, upon inspection by Railway’s Representative, other conditions warrant.
1.05.02b When any excavation is performed below the bottom of tie elevation, if, in the
opinion of Railway's representative, track or other Railway facilities may be subject to
movement or settlement.
1.05.02c When work in any way interferes with the safe operation of trains at timetable
speeds.
1.05.02d When any hazard is presented to Railway track, communications, signal,
electrical, or other facilities either due to persons, material, equipment or blasting in the
vicinity.
1.05.02e Special permission must be obtained from the Railway before moving heavy or
cumbersome objects or equipment which might result in making the track impassable.
1.05.03 Flagging services will be performed by qualified Railway flaggers.
1.05.03a Flagging crew generally consists of one employee. However, additional personnel
may be required to protect Railway Property and operations, if deemed necessary by the
Railways Representative.
1.05.03b Each time a flagger is called, the minimum period for billing will be the eight (8)
hour basic day.
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1.05.03c The cost of flagger services provided by the Railway will be borne by the Contractor .
The estimated cost for one (1) flagger is approximately between $800.00-$1,600.00 for an eight
(8) hour basic day with time and one-half or double time for overtime, rest days and holidays.
The estimated cost for each flagger includes vacation allowance, paid holidays, Railway and
unemployment insurance, public liability and property damage insurance, health and welfare
benefits, vehicle, transportation, meals, lodging, radio, equipment, supervision and other costs
incidental to performing flagging services. Negotiations for Railway labor or collective bargaining
agreements and rate changes authorized by appropriate Federal authorities may increase actual
or estimated flagging rates. THE FLAGGING RATE IN EFFECT AT THE TIME OF
PERFORMANCE BY THE CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE
THE ACTUAL COSTS OF FLAGGING PURSUANT TO THIS PARAGRAPH.
1.05.03d The average train traffic on this route is ___ freight trains per 24-hour period at a
timetable speed 10 MPH and 0 passenger trains at a timetable speed of N/A MPH.
1.06 Contractor General Safety Requirements
1.06.01 Work in the proximity of railway track(s) is potentially hazardous where movement
of trains and equipment can occur at any time and in any direction. All work performed by
contractors within 25 feet of any track must be in compliance with FRA Roadway Worker
Protection Regulations.
1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing must
be conducted with all personnel involved with the task and repeated when the personnel or
task changes. If the task is within 25 feet of any track, the job briefing must include the
Railway's flagger, as applicable, and include the procedures the Contractor will use to
protect its employees, subcontractors, agents or invitees from moving any equipment
adjacent to or across any Railway track(s).
1.06.03 Workers must not work within 25 feet of the centerline of any track without an on
track safety strategy approved by the Railway’s Project Representative. When authority is
provided, every contractor employee must know: (1) who the Railway flagger is, and how to
contact the flagger, (2) limits of the authority, (3) the method of communication to stop and
resume work, and (4) location of the designated places of safety. Persons or equipment
entering flag/work limits that were not previously job briefed, must notify the flagger
immediately, and be given a job briefing when working within 25 feet of the center line of
track.
1.06.04 When Contractor employees are required to work on the Railway Property after
normal working hours or on weekends, the Railroad's representative in charge of the project
must be notified. A minimum of two employees must be present at all times.
1.06.05 Any employees, agents or invitees of Contractor or its subcontractors under
suspicion of being under the influence of drugs or alcohol, or in the possession of same, will
be removed from the Railway's Property and subsequently released to the custody of a
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representative of Contractor management. Future access to the Railway's Property by that
employee will be denied.
1.06.06 Any damage to Railway Property, or any hazard noticed on passing trains must be
reported immediately to the Railway's representative in charge of the project. Any vehicle or
machine which may come in contact with track, signal equipment, or structure (bridge) and
could result in a train derailment must be reported immediately to the Railway representative
in charge of the project and to the Railway's Resource Operations Center at 1(800)
832-5452. Local emergency numbers are to be obtained from the Railway representative in
charge of the project prior to the start of any work and must be posted at the job site.
1.06.07 For safety reasons, all persons are prohibited from having pocket knives, firearms
or other deadly weapons in their possession while working on Railway's Property.
1.06.08 All personnel protective equipment (PPE) used on Railway Property must meet
applicable OSHA and ANSI specifications. Current Railway personnel protective equipment
requirements are listed on the web site, www.contractororientation.com, however, a
partial list of the requirements include: a) safety glasses with permanently affixed side
shields (no yellow lenses); b) hard hats c) safety shoe with: hardened toes, above-the-ankle
lace-up and a defined heel; and d) high visibility retro-reflective work wear. The Railroad’s
representative in charge of the project is to be contacted regarding local specifications for
meeting requirements relating to hi-visibility work wear. Hearing protection, fall protection,
gloves, and respirators must be worn as required by State and Federal regulations. (NOTE
– Should there be a discrepancy between the information contained on the web site
and the information in this paragraph, the web site will govern.)
1.06.09 THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS, MACHINERY
OR EQUIPMENT CLOSER THAN 25'-0" TO THE CENTER LINE OF THE NEAREST
RAILWAY TRACK. MATERIALS, MACHINERY OR EQUIPMENT MUST NOT BE STORED OR
LEFT WITHIN 250 FEET OF ANY HIGHWAY/RAIL AT-GRADE CROSSINGS OR
TEMPORARY CONSTRUCTION CROSSING, WHERE STORAGE OF THE SAME WILL
OBSTRUCT THE VIEW OF A TRAIN APPROACHING THE CROSSING. PRIOR TO
BEGINNING WORK, THE CONTRACTOR MUST ESTABLISH A STORAGE AREA WITH
CONCURRENCE OF THE RAILROAD'S REPRESENTATIVE.
1.06.10 Machines or vehicles must not be left unattended with the engine running. Parked
machines or equipment must be in gear with brakes set and if equipped with blade, pan or
bucket, they must be lowered to the ground. All machinery and equipment left unattended
on Railway's Property must be left inoperable and secured against movement. (See internet
Engineering Contractor Safety Orientation program for more detailed specifications)
1.06.11 Workers must not create and leave any conditions at the work site that would
interfere with water drainage. Any work performed over water must meet all Federal, State
and Local regulations.
1.06.12 All power line wires must be considered dangerous and of high voltage unless
informed to the contrary by proper authority. For all power lines the minimum clearance
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between the lines and any part of the equipment or load must be; 200 KV or below - 15
feet; 200 to 350 KV - 20 feet; 350 to 500 KV - 25 feet; 500 to 750 KV - 35 feet; and 750 to
1000 KV - 45 feet. If capacity of the line is not known, a minimum clearance of 45 feet must
be maintained. A person must be designated to observe clearance of the equipment and
give a timely warning for all operations where it is difficult for an operator to maintain the
desired clearance by visual means.
1.07 Excavation
1.07.01 Before excavating, the Contractor must determine whether any underground pipe
lines, electric wires, or cables, including fiber optic cable systems are present and located
within the Project work area. The Contractor must determine whether excavation on
Railway’s Property could cause damage to buried cables resulting in delay to Railway traffic
and disruption of service to users. Delays and disruptions to service may cause business
interruptions involving loss of revenue and profits. Before commencing excavation, the
Contractor must contact BNSF’s Field Engineering Representative Gene Eliassen at
(303) 480-6586. All underground and overhead wires will be considered HIGH VOLTAGE
and dangerous until verified with the company having ownership of the line. It is the
Contractor's responsibility to notify any other companies that have underground
utilities in the area and arrange for the location of all underground utilities before
excavating.
1.07.02 The Contractor must cease all work and notify the Railway immediately before
continuing excavation in the area if obstructions are encountered which do not appear on
drawings. If the obstruction is a utility and the owner of the utility can be identified, then the
Contractor must also notify the owner immediately. If there is any doubt about the location
of underground cables or lines of any kind, no work must be performed until the exact
location has been determined. There will be no exceptions to these instructions.
1.07.03 All excavations must be conducted in compliance with applicable OSHA regulations
and, regardless of depth, must be shored where there is any danger to tracks, structures or
personnel.
1.07.04 Any excavations, holes or trenches on the Railway's Property must be covered,
guarded and/or protected when not being worked on. When leaving work site areas at night
and over weekends, the areas must be secured and left in a condition that will ensure that
Railway employees and other personnel who may be working or passing through the area
are protected from all hazards. All excavations must be back filled as soon as possible.
1.08 Hazardous Waste, Substances and Material Reporting
1.08.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or
other deleterious material, including but not limited to any non-containerized commodity or
material, on or adjacent to Railway's Property, in or near any surface water, swamp,
wetlands or waterways, while performing any work under this Agreement, Contractor must
immediately: (a) notify the Railway's Resource Operations Center at 1(800) 832-5452, of
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such discovery: (b) take safeguards necessary to protect its employees, subcontractors,
agents and/or third parties: and (c) exercise due care with respect to the release, including
the taking of any appropriate measure to minimize the impact of such release.
1.09 Personal Injury Reporting
1.09.01 The Railway is required to report certain injuries as a part of compliance with
Federal Railroad Administration (FRA) reporting requirements. Any personal injury sustained
by an employee of the Contractor, subcontractor or Contractor's invitees while on the
Railway's Property must be reported immediately (by phone mail if unable to contact in
person) to the Railway's representative in charge of the project. The Non-Employee
Personal Injury Data Collection Form contained herein is to be completed and sent by Fax
to the Railway at 1(817) 352-7595 and to the Railway’s Project Representative no later than
the close of shift on the date of the injury.
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NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION
INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT
SHOULDBE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IS NOT
INTENDED TOPRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY.
1. Accident City/St 2. Date: Time:
County: 3. Temperature: 4.
Weather
(if non-Railway location)
5. Social Security #
6. Name (last, first, mi)
7. Address: Street: City: St.
Zip:
8. Date of Birth: and/or Age Gender:
(if available)
9. (a) Injury: (b) Body Part:
(i.e. (a) Laceration (b) Hand)
11. Description of Accident (To include location, action, result, etc.):
12. Treatment:
? First Aid Only
? Required Medical Treatment
? Other Medical Treatment
13. Dr. Name 30. Date:
14. Dr. Address:
Street: City: St:
Zip:
15. Hospital Name:
16. Hospital Address:
Street: City: St:
Zip:
17. Diagnosis:
FAX TO
RAILWAY AT (817) 352-7595
AND COPY TO
RAILWAY ROADMASTER FAX
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Section C “Railroad’s Protective Liability and Property Damage Insurance” of the Railroad
Insurance Project Special Provision shall be removed. The following Exhibit “E-1” shall be used:
EXHIBIT "E-1"
Agreement
Between
BNSF RAILWAY COMPANY
and the
CONTRACTOR
BNSF RAILWAY COMPANY
Attention: Manager Public Projects
Railway File: ____________
Agency Project: Mason Corridor Bus Rapid Transit and Mason Street Improvements
Gentlemen:
The undersigned (hereinafter called, the “Contractor”), has entered into a contract (the
“Contract”) dated ______________, 2011, with City of Fort Collins (“CITY”) for the performance
of certain work in connection with the following project: certain railroad track and related curb
and gutter and drainage improvements within Mason Street from Old Main Drive to Maple and a
two-lane bus guideway to be used solely for the operation of a bus rapid transit service along
the east edge of the existing BNSF right-of-way, at a minimum distance of 25 feet from
centerline of existing main line track, between approximate BNSF mileposts 69.4 (south of
Harmony Road) to 71.0 (near Foothills Fashion Mall), 71.25 to 71.33 (near Swallow) and 72.2 to
73.24 (near University Street), located on the Colorado Division, Front Range Subdivision.
Performance of such work will necessarily require contractor to enter BNSF RAILWAY
COMPANY ("Railway") right of way and property ("Railway Property"). The Contract provides
that no work will be commenced within Railway Property until the Contractor employed in
connection with said work for City (i) executes and delivers to Railway an Agreement in the form
hereof, and (ii) provides insurance of the coverage and limits specified in such Agreement and
Section 3 herein. If this Agreement is executed by a party who is not the Owner, General
Partner, President or Vice President of Contractor, Contractor must furnish evidence to Railway
certifying that the signatory is empowered to execute this Agreement on behalf of Contractor.
Accordingly, in consideration of Railway granting permission to Contractor to enter upon
Railway Property and as an inducement for such entry, Contractor, effective on the date of the
Contract, has agreed and does hereby agree with Railway as follows:
Section 1. RELEASE OF LIABILITY AND INDEMNITY
Contractor hereby waives, releases, indemnifies, defends and holds harmless Railway for all
judgments, awards, claims, demands, and expenses (including attorneys' fees), for injury or
death to all persons, including Railway's and Contractor's officers and employees, and for loss
and damage to property belonging to any person, arising in any manner from Contractor's or
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any of Contractor's subcontractors' acts or omissions or any work performed on or about
Railway’s property or right-of-way. THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT
BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DESTRUCTION, DAMAGE, DEATH,
OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF
RAILWAY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE
EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL
MISCONDUCT OR GROSS NEGLIGENCE OF RAILWAY.
THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES ANY CLAIMS,
SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S
LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY
APPLIANCE ACT OR THE LOCOMOTIVE INSPECTION ACT, WHENEVER SO CLAIMED. THIS
INDEMNITY SHALL ALSO EXTEND, ON THE SAME BASIS, TO CLAIMS BASED ON THE
ACTUAL OR ALLEGED VIOLATIONS OF ANY FEDERAL, STATE OR LOCAL LAWS OR
REGULATIONS INCLUDING BUT NOT LIMITED TO STATE WORKERS COMPENSATION
STATUTES, THE OCCUPATIONAL HEALTH AND SAFETY ACT, THE RESOURCE
CONSERVATION AND RECOVERY ACT, AND ANY SIMILAR STATE OR FEDERAL STATUTE.
Contractor further agrees, at its expense, in the name and on behalf of Railway, that it will adjust and
settle all claims made against Railway, and will, at Railway's discretion, appear and defend any suits
or actions of law or in equity brought against Railway on any claim or cause of action arising or
growing out of or in any manner connected with any liability assumed by Contractor under this
Agreement for which Railway is liable or is alleged to be liable. Railway will give notice to Contractor,
in writing, of the receipt or dependency of such claims and thereupon Contractor must proceed to
adjust and handle to a conclusion such claims, and in the event of a suit being brought against
Railway, Railway may forward summons and complaint or other process in connection therewith to
Contractor, and Contractor, at Railway's discretion, must defend, adjust, or settle such suits and
protect, indemnify, and save harmless Railway from and against all damages, judgments, decrees,
attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims
or suits.
In addition to any other provision of this Agreement, in the event that all or any portion of this Article
shall be deemed to be inapplicable for any reason, including without limitation as a result of a
decision of an applicable court, legislative enactment or regulatory order, the parties
agree that this Article shall be interpreted as requiring Contractor to indemnify Railroad to the fullest
extent permitted by applicable law. THROUGH THIS AGREEMENT THE PARTIES EXPRESSLY
INTEND FOR CONTRACTOR TO INDEMNIFY RAILROAD FOR RAILROAD’S ACTS OF
NEGLIGENCE.
It is mutually understood and agreed that the assumption of liabilities and indemnification provided
for in this Agreement survive any termination of this Agreement.
Section 2. TERM
This Agreement is effective from the date of the Contract until (i) the completion of the project set
forth herein, and (ii) full and complete payment to Railway of any and all sums or other amounts
owing and due hereunder.
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Section 3. INSURANCE
Contractor must, at its sole cost and expense, procure and maintain during the life of this
Agreement the following insurance coverage:
A. Commercial General Liability insurance. This insurance shall contain broad form
contractual liability with a combined single limit of a minimum of $5,000,000 each
occurrence and an aggregate limit of at least $10,000,000, but in no event less than the
amount otherwise carried by the Contractor. Coverage must be purchased on a post
2004 ISO occurrence form or equivalent and include coverage for, but not limit to the
following:
Bodily Injury and Property Damage
Personal Injury and Advertising Injury
Fire legal liability
Products and completed operations
This policy shall also contain the following endorsements, which shall be indicated on
the certificate of insurance:
The definition of insured contract shall be amended to remove any
exclusion or other limitation for any work being done within 50 feet
of railroad property.
Waiver of subrogation in favor of and acceptable to Railroad.
Additional insured endorsement in favor of and acceptable to
Railroad.
Separation of insureds.
The policy shall be primary and non-contributing with respect to
any insurance carried by Railroad.
It is agreed that the workers’ compensation and employers’ liability related exclusions in
the Commercial General Liability insurance policy(s) required herein are intended to
apply to employees of the policy holder and shall not apply to Railroad employees.
No other endorsements limiting coverage as respects obligations under this Agreement
may be included on the policy with regard to the work being performed under this
agreement.
B. Business Automobile Insurance. This insurance shall contain a combined single
limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to
the following:
Bodily injury and property damage
Any and all vehicles owned, used or hired
The policy shall also contain the following endorsements or language, which shall be
indicated on the certificate of insurance:
Waiver of subrogation in favor of and acceptable to Railroad.
Additional insured endorsement in favor or and acceptable to
Railroad.
Separation of insureds.
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The policy shall be primary and non-contributing with respect to any
insurance carried by Railroad.
C. Workers Compensation and Employers Liability insurance including coverage for,
but not limited to:
Contractor’s statutory liability under the worker’s compensation laws
of the state(s) in which the work is to be performed. If optional under
State law, the insurance must cover all employees anyway.
Employers’ Liability (Part B) with limits of at least $500,000 each
accident, $500,000 by disease policy limit, $500,000 by disease each
employee.
This policy shall also contain the following endorsements or language, which shall be
indicated on the certificate of insurance:
Waiver of subrogation in favor of and acceptable to Railroad.
D. Railroad Protective Liability insurance naming only the Railroad as the Insured
with coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate.
The policy Shall be issued on a standard ISO form CG 00 35 10 93 and include the
following:
Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28
31 10 93)
Endorsed to include the Limited Seepage and Pollution Endorsement.
Endorsed to remove any exclusion for punitive damages.
No other endorsements restricting coverage may be added.
The original policy must be provided to the Railroad prior to performing
any work or services under this Agreement
In lieu of providing a Railroad Protective Liability Policy, Licensee may participate in Licensor’s
Blanket Railroad Protective Liability Insurance Policy available to contractor.
Other Requirements:
All policies (applying to coverage listed above) must not contain an exclusion for punitive damages.
Contractor agrees to waive its right of recovery against Railroad for all claims and suits against
Railroad. In addition, its insurers, through the terms of the policy or policy endorsement, waive their
right of subrogation against Railroad for all claims and suits. The certificate of insurance must reflect
the waiver of subrogation endorsement. Contractor further waives its right of recovery, and its
insurers also waive their right of subrogation against Railroad for loss of its owned or leased property
or property under contractor’s care, custody or control.
Contractor is not allowed to self-insure without the prior written consent of Railroad. If granted by
Railroad, any self-insured retention or other financial responsibility for claims must be covered
directly by contractor in lieu of insurance. Any and all Railroad liabilities that would otherwise, in
accordance with the provisions of this Agreement, be covered by contractor’s insurance will be
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covered as if contractor elected not to include a deductible, self-insured retention or other financial
responsibility for claims.
Prior to commencing the Work, contractor must furnish to Railroad an acceptable certificate(s)
of insurance including an original signature of the authorized representative evidencing the
required coverage, endorsements, and amendments. The policy(ies) must contain a provision
that obligates the insurance company(ies) issuing such policy(ies) to notify Railroad in writing at
least 30 days prior to any cancellation, non-renewal, substitution or material alteration. This
cancellation provision must be indicated on the certificate of insurance. Upon request from
Railroad, a certified duplicate original of any required policy must be furnished. Contractor
should send the certificate(s) to the following address:
Ebix BPO
PO Box 12010-BN
Hemet, CA 92546-8010
Fax number: 951-652-2882
Email: bnsf@ebix.com
Any insurance policy must be written by a reputable insurance company acceptable to Railroad
or with a current Best’s Guide Rating of A- and Class VII or better, and authorized to do
business in the state(s) in which the service is to be provide.
Contractor represents that this Agreement has been thoroughly reviewed by contractor’s
insurance agent(s)/broker(s), who have been instructed by contractor to procure the insurance
coverage required by this Agreement. Allocated Loss Expense must be in addition to all policy
limits for coverages referenced above.
Not more frequently than once every five years, Railroad may reasonably modify the required
insurance coverage to reflect then-current risk management practices in the railroad industry
and underwriting practices in the insurance industry.
If any portion of the operation is to be subcontracted by contractor, contractor must require that
the subcontractor provide and maintain the insurance coverages set forth herein, naming
Railroad as an additional insured, and requiring that the subcontractor release, defend and
indemnify Railroad to the same extent and under the same terms and conditions as contractor is
required to release, defend and indemnify Railroad herein.
Failure to provide evidence as required by this section will entitle, but not require, Railroad to
terminate this Agreement immediately. Acceptance of a certificate that does not comply with
this section will not operate as a waiver of contractor's obligations hereunder.
The fact that insurance (including, without limitation, self-insurance) is obtained by contractor
will not be deemed to release or diminish the liability of contractor including, without limitation,
liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad
will not be limited by the amount of the required insurance coverage.
For purposes of this section, Railroad means “Burlington Northern Santa Fe LLC”, “BNSF
RAILWAY COMPANY” and the subsidiaries, successors, assigns and affiliates of each.
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Section 4. EXHIBIT “E” CONTRACTOR REQUIREMENTS
The Contractor must observe and comply with all provisions, obligations, requirements and
limitations contained in the Contract, and the Contractor Requirements set forth on Exhibit “E”
attached to the Contract and this Agreement, , including, but not be limited to, payment of all
costs incurred for any damages to Railway roadbed, tracks, and/or appurtenances thereto,
resulting from use, occupancy, or presence of its employees, representatives, or agents or
subcontractors on or about the construction site.
Section 5. TRAIN DELAY
Contractor is responsible for and hereby indemnifies and holds harmless Railway (including its
affiliated railway companies, and its tenants) for, from and against all damages arising from any
unscheduled delay to a freight or passenger train which affects Railway's ability to fully utilize its
equipment and to meet customer service and contract obligations. Contractor will be billed, as
further provided below, for the economic losses arising from loss of use of equipment,
contractual loss of incentive pay and bonuses and contractual penalties resulting from train
delays, whether caused by Contractor, or subcontractors, or by the Railway performing work
under this Agreement. Railway agrees that it will not perform any act to unnecessarily cause
train delay.
For loss of use of equipment, Contractor will be billed the current freight train hour rate per train
as determined from Railway's records. Any disruption to train traffic may cause delays to
multiple trains at the same time for the same period.
Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other grain,
intermodal, coal and freight trains operate under incentive/penalty contracts between Railway
and its customer(s). Under these arrangements, if Railway does not meet its contract service
commitments, Railway may suffer loss of performance or incentive pay and/or be subject to
penalty payments. Contractor is responsible for any train performance and incentive penalties
or other contractual economic losses actually incurred by Railway which are attributable to a
train delay caused by Contractor or its subcontractors.
The contractual relationship between Railway and its customers is proprietary
and confidential. In the event of a train delay covered by this Agreement, Railway will
share information relevant to any train delay to the extent consistent with Railway
confidentiality obligations. Damages for train delay are currently $382.20 per hour per
incident. THE RATE THEN IN EFFECT AT THE TIME OF PERFORMANCE BY THE
CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE THE ACTUAL COSTS OF
TRAIN DELAY PURSUANT TO THIS AGREEMENT.
Contractor and its subcontractors must give Railway’s representative ______________ (___)
___________ thirty (30) days advance notice of the times and dates for proposed work
windows. Railway and Contractor will establish mutually agreeable work windows for the
project. Railway has the right at any time to revise or change the work windows due to train
operations or service obligations. Railway will not be responsible for any additional costs or
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Project Special Provisions CDOT Project No. AQC M455-071
CDOT Subaccount No. 15279
Page 108
BNSF RAILWAY REQUIREMENTS
expenses resulting from a change in work windows. Additional costs or expenses resulting from
a change in work windows shall be accounted for in Contractor’s expenses for the project.
Contractor and subcontractors must plan, schedule, coordinate and conduct all Contractor's
work so as to not cause any delays to any trains other than those referenced in the Contract.
Kindly acknowledge receipt of this letter by signing and returning to the Railway two
original copies of this letter, which, upon execution by Railway, will constitute an Agreement
between us.
_______________________________
(Contractor) BNSF Railway Company
By:_____________________________
By:________________________________
Printed Name:____________________ Name:
_____________________________
Title:___________________________ Manager Public Projects
Contact Person: Accepted and effective this _____day of 2011.
Address:
City:_________________State:___Zip:____
Fax:
Phone:
E-mail:
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Mason Grade Separation at NRRC June, 2013
Project Special Provisions CDOT Project No. AQC M455-071
CDOT Subaccount No. 15279
Page 109
BNSF RAILWAY REQUIREMENTS
EXHIBIT F TO OVERPASS AGREEMENT
BNSF Bridge Requirements
BRIDGE DESIGN, PLANS & SPECIFICATIONS:
Except for the design of temporary falsework and shoring, BNSF review of the Structure plans
will be limited to the vertical and horizontal clearances, sight distance for existing train signals,
foundation dimensions and drainage characteristics as they relate to existing and future tracks.
BNSF will not review structural design calculations for the permanent Structure unless a
member or members are influenced by railroad live loads.
Temporary falsework and shoring plans and calculations must be reviewed and approved by
BNSF prior to beginning construction. The Agency shall perform an independent review of the
design calculations for temporary falsework and shoring prior to submitting them to BNSF for
approval. Temporary construction clearances must be no less than 15 feet measured
horizontally from the centerline of the nearest track and 21 feet-6inches measured vertically
from the top of rail of the most elevated track to the bottom of lowest temporary falsework
member. State regulatory agencies may have more restrictive requirements for temporary
railroad clearances.
For the permanent Structure, the Agency will submit plans showing the least horizontal distance
from the centerline of existing and future tracks to the face of the nearest member of the
proposed Structure. The location of the least horizontal distance must be accurately described
such that BNSF can determine where it will occur in both the horizontal and vertical plane. If the
permanent member is within 25 feet of the nearest track (or future track), collision walls shall be
incorporated into the permanent Structure design according to American Railway Engineering
and Maintenance Association Manual of Recommended Practice - Chapter 8 - Article 2.1.5.
For the permanent Structure, the Agency will submit plans showing the least vertical clearance
from top of the most elevated rail of existing and future tracks to the lowest point of the
proposed Structure. A profile of the existing top of rail elevation shall be plotted on the bridge
plans. The profile shall extend for 500 feet in each direction of the proposed overpass and a
separate profile shall be plotted for each track. If the existing top of rail profile(s) is not uniform
such that a sag exists in the vicinity of the proposed Structure, the permanent Structure vertical
clearance shall be increased sufficiently to accommodate a raise in the track profile to remove
the sag. Prior to beginning construction of the permanent Structure, the top of rail elevations
should be checked and verified that they have not changed from the assumed elevations
utilized for the design of the bridge.
Prior to issuing any invitation to bid on construction of the Structure, the Agency should
conduct a pre-bid meeting where prospective Contractors have the opportunity to communicate
with BNSF personnel regarding site specific train speeds, train density, and general safety
requirements for men and equipment working near live tracks. Any invitation to bid and
specifications for the Structure must be submitted to BNSF for review and approval prior to
letting of bids for the Project.
Mason Grade Separation at NRRC June, 2013
Project Special Provisions CDOT Project No. AQC M455-071
CDOT Subaccount No. 15279
Page 110
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BNSF RAILWAY REQUIREMENTS
BRIDGE CONSTRUCTION:
After awarding the bid, but prior to the Contractor entering BNSF’s right-of –way or property, the
Agency should conduct a pre-construction meeting with BNSF personnel in attendance to
reiterate the safety requirements of construction activity adjacent to live tracks.
During construction, BNSF may require an independent engineering inspector to be present
during certain critical activities of the Project, including but not limited to: driving foundation
piles, erecting falsework, construction of shoring and retaining walls, placing concrete, placing
soil backfill and compaction processes. The Agency shall reimburse BNSF for all costs of
supplemental inspection services.
Within 90 days of the conclusion of the Project and final acceptance by BNSF, the Agency will
provide BNSF with a complete electronic set of the bridge plans labeled “As Built”. Those plans
will reflect any and all deviations from the original plans that occurred during construction. The
“As Built” plans will be submitted in Micro Station *.dgn electronic format (preferred) or AutoCAD
*.dwg format. Electronic plans are to be submitted in the original format used for CAD plan
preparation and not converted to another format prior to submission. Actual measured “as
constructed” clearances shall be shown as well as depth, size and location of all foundation
components. The plans shall show dimensioned locations of existing and relocated utilities.
BRIDGE MAINTENANCE:
The Agency will be responsible for maintenance and repair of the Structure including the earth
retention components, embankment slopes, erosion control, surface drainage, fencing, deck
drains, landscaping, paint, walkways, handrails, lighting, and other improvements associated
with the Project.
Fencing and other pedestrian access controls within BNSF’s right-of-way and incorporated into
the Project shall be designed and maintained by the Agency. Trespasser control shall be the
responsibility of the Agency. Graffiti removal will be the responsibility of the Agency.
BRIDGE INSPECTION:
The Agency will conduct annual routine structural inspections. In the event of an earthquake,
fire, flood, damage from vehicular impacts or other emergent situations, the Agency will provide
an immediate inspection by qualified personnel and notify BNSF of damage that may affect safe
passage of trains. If necessary the Agency will embargo weights or provide lane closures or
other such measures to protect the structural integrity of the Structure such that there can be
continuous safe passage of trains until repairs are made.
BRIDGE ALTERATIONS:
Except as provided otherwise by this Agreement, there will be no alterations made to the
Structure that will alter the railroad vertical or horizontal clearances provided by the original
design. Pipelines will be not be added or attached to the Structure without first submitting plans
and calculations to BNSF for review and approval.
Mason Grade Separation at NRRC June, 2013
Project Special Provisions CDOT Project No. AQC M455-071
CDOT Subaccount No. 15279
Page 111
FORCE ACCOUNT ITEMS
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 01 Minor Contract Revisions F.A. $ 70,000
F/A 02 Erosion Control F.A. $ 2,500
F/A 03 Railroad Flagging F.A. $ 4,800
F/A 01 Minor Contract Revisions payments are for contract adjustments authorized through
contract modification orders.
F/A 02 Erosion Control payment is for any unforeseen storm water issues that require erosion
control but not included in the 208 items listed in the Summary of Approximate Quantities. 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 03 Railroad Flagging payment is for flagging provided by the Burlington Northern & Santa
Fe Railroad Company. Estimate is for three (3) 8-hour days of flagging.
STANDARD SPECIAL PROVISIONS
Mason Grade Separation at NRRC
July 29, 2011
REVISION OF SECTION 105
CONSTRUCTION DRAWINGS
Section 105 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 105.02(f)
January 31, 2013
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
Section 105 of the Standard Specifications is hereby revised for this project as follows:
Delete subsections 105.22, 105.23 and 105.24 and replace with the following:
105.22 Dispute Resolution. Subsections 105.22, 105.23, and 105.24 detail the process through which the parties
(CDOT and the Contractor) agree to resolve any issue that may result in a dispute. The intent of the process is to
resolve issues early, efficiently, and as close to the project level as possible. Figure 105-1 in the standard special
provisions outlines the process. Specified time frames may be extended by mutual agreement of the Engineer and
the Contractor. In these subsections, when a time frame ends on a Saturday, Sunday or holiday, the time frame shall
be extended to the next scheduled work day.
A dispute is a disagreement concerning contract price, time, interpretation of the Contract, or all three between the
parties at the project level regarding or relating to the Contract. Disputes include, but are not limited to, any
disagreement resulting from a delay, a change order, another written order, or an oral order from the Project
Engineer, including any direction, instruction, interpretation, or determination by the Project Engineer, interpretations
of the Contract provisions, plans, or specifications or the existence of alleged differing site conditions.
The term "merit" refers to the right of a party to recover on a claim or dispute, irrespective of quantum, based on the
substance, elements, and grounds of that claim or dispute. The term "quantum" refers to the quantity or amount of
compensation or time deserved when a claim or dispute is found to have merit.
Disputes from subcontractors, material suppliers, or any other entity not party to the Contract shall be submitted
through the Contractor. Review of a pass-through dispute does not create privity of Contract between CDOT and the
subcontractor.
If CDOT does not respond within the specified timelines, the Contractor may advance the dispute to the next level.
When the Project Engineer is a Consultant Project Engineer, actions, decisions, and determinations specified herein
as made by the Project Engineer shall be made by the Resident Engineer.
The dispute resolution process set forth in this subsection shall be exhausted in its entirety prior to initiation of
litigation or arbitration. Failure to comply with the requirements set forth in this subsection shall bar either party from
any further administrative, equitable, or legal remedy. If a deadline is missed that does not prejudice either party,
further relief shall be allowed.
All disputes and claims shall be submitted within 30 days of the date of the certified letter submitting the CDOT Form
96, Contractor Acceptance of Final Estimate, to the Contractor. Failure to submit a dispute or claim within this time
period releases the State of Colorado from all disputes and claims for which notice has not already been submitted in
accordance with the Contract.
All disputes and claims seeking damages calculated on a Total Cost or Modified Total Cost basis will not be
considered unless the party asserting such damages establishes all the legal requirements therefore, which include:
(1) The nature of the particular losses makes it impossible or highly impractical to determine them with a reasonable
degree of accuracy.
(2) The Contractor’s bid or estimate was realistic.
(3) The Contractor’s actual costs were reasonable.
(4) The Contractor was not responsible for the cost overrun.
January 31, 2013
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
Should the Contractor’s dispute use the Total Cost approach for calculating damages, damages will be determined by
subtracting the contract amount from the total cost of performance. Should the Contractor’s dispute use the Modified
Total Cost approach for calculating damages, if the Contractor’s bid was unrealistic in part, and/or some of its costs
were unreasonable and/or some of its damages were caused by its own errors, those costs and damages will be
deducted from the total cost of performance to arrive at the Modified Total Cost. The Total Cost or Modified Total Cost
basis for calculating damages shall not be available for any disputes or claims seeking damages where the Contractor
could have kept separate cost records at the time the dispute arose as described in subsection 105.22(a).
(a) Document Retention. The Contractor shall keep full and complete records of the costs and additional time
incurred for each dispute for a period of at least three years after the date of final payment or until dispute is
resolved, whichever is more. The Contractor, subcontractors, and lower tier subcontractors shall provide
adequate facilities, acceptable to the Engineer, for an audit during normal business hours. The Contractor shall
permit the Engineer or Department auditor to examine and copy those records and all other records
required by the Engineer to determine the facts or contentions involved in the dispute. The Contractor shall
identify and segregate any documents or information that the Contractor considers particularly sensitive, such as
confidential or proprietary information.
Throughout the dispute, the Contractor and the Project Engineer shall keep complete daily records of extra costs
and time incurred, in accordance with the following procedures:
1. Daily records shall identify each operation affected, the specific locations where work is affected, and the
potential effect to the project’s schedule. Such records shall also reflect all labor, material, and equipment
applicable to the affected operations.
2. On the first work day of each week following the date of the written notice of dispute, the Contractor shall
provide the Project Engineer with the daily records for the proceeding week. If the Contractor’s records
indicate costs greater than those kept by the Department, the Project Engineer will meet with the Contractor
and present his records to the Contractor at the meeting. The Contractor shall notify the Engineer in writing
within three work days of any inaccuracies noted in, or disagreements with, the Department’s records.
(b) Initial Dispute Resolution Process. To initiate the dispute resolution process the Contractor shall provide a written
notice of dispute to the Project Engineer upon the failure of the Parties to resolve the issue through negotiation.
Disputes will not be considered unless the Contractor has first complied with specified issue resolution processes
such as those specified in subsections 104.02, 106.05, 108.07(a), and 108.07(d).
The Contractor shall supplement the written notice of dispute within 15 days with a written Request for Equitable
Adjustment (REA) providing the following:
(11) The date of the dispute
(12) The nature of the circumstances which caused the dispute
(13) A statement explaining in detail the specific provisions of the Contract and any basis, legal or factual, which
support the dispute.
(14) If any, the estimated quantum, calculated in accordance with methods set forth in subsection 105.24(b)12.,
of the dispute with supporting documentation
(15) An analysis of the progress schedule showing the schedule change or disruption if the Contractor is
asserting a schedule change or disruption.
The Contractor shall submit as much information on the quantum and impacts to the Contract time as is
reasonably available with the REA and then supplement the REA as additional information becomes available. If
the dispute escalates to the DRB process the DRB shall not hear any issue or consider any information that was
not contained in the Request for Equitable Adjustment and fully submitted to the Project Engineer and Resident
Engineer during the 105.22 process.
January 31, 2013
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
(c) Project Engineer Review. Within 15 days after receipt of the REA, the Project Engineer will meet with the
Contractor to discuss the merits of the dispute. Within seven days after this meeting, the Project Engineer will
issue a written decision on the merits of the dispute.
The Project Engineer will either deny the merits of the dispute or notify the Contractor that the dispute has merit.
This determination will include a summary of the relevant facts, Contract provisions supporting the determination,
and an evaluation of all scheduling issues that may be involved.
If the dispute is determined to have merit, the Contractor and the Project Engineer will determine the adjustment
in payment, schedule, or both within 30 days. When a satisfactory adjustment is determined, it shall be
implemented in accordance with subsections 106.05, 108.08, 109.04, 109.05 or 109.10 and the dispute is
resolved.
If the Contractor accepts the Project Engineer's denial of the merits of the dispute, the dispute is resolved and no
further action will be taken. If the Contractor does not respond in seven days, it will be assumed he has accepted
the denial. If the Contractor rejects the Project Engineer's denial of the merits of the dispute or a satisfactory
adjustment of payment or schedule cannot be agreed upon within 30 days, the Contractor may further pursue
resolution of the dispute by providing written notice to the Resident Engineer within seven days, according to
subsection 105.22(d).
(d) Resident Engineer Review. Within seven days after receipt of the Contractor's written notice to the Resident
Engineer of unsatisfactory resolution of the dispute, the Project Engineer and Resident Engineer will meet with
the Contractor to discuss the dispute. Meetings shall continue weekly for a period of up to 30 days and shall
include a Contractor's representative with decision authority above the project level.
If these meetings result in resolution of the dispute, the resolution will be implemented in accordance with
subsections 108.08, 109.04, 109.05, or 109.10 and the dispute is resolved.
If these meetings do not result in a resolution or the participants mutually agree that they have reached an
impasse, the dispute shall be presented to the Dispute Review Board in accordance with subsection 105.23.
105.23 Dispute Review Board. A Dispute Review Board (DRB) is an independent third party that will provide
specialized expertise in technical areas and administration of construction contracts. The DRB will assist in and
facilitate the timely and equitable resolution of disputes between CDOT and the Contractor in an effort to avoid
animosity and construction delays, and to resolve disputes as close to the project level as possible. The DRB shall be
established and operate as provided herein and shall serve as an independent and impartial board.
There are two types of DRBs: the "On Demand DRB" and the "Standing DRB". The DRB shall be an "On Demand
DRB" unless a "Standing DRB" is specified in the Contract. An On Demand DRB shall be established only when the
Project Engineer initiates a DRB review in accordance with subsection 105.23(a). A Standing DRB, when specified in
the Contract, shall be established at the beginning of the project.
(a) Initiation of Dispute Review Board Review. When a dispute has not been resolved in accordance with subsection
105.22, the Project Engineer will initiate the DRB review process within 5 days after the period described in
subsection 105.22(d).
(b) Formation of Dispute Review Board. DRBs will be established in accordance with the following procedures:
1. CDOT, in conjunction with the Colorado Contractors Association, will maintain a statewide list of suggested
DRB candidates experienced in construction processes and the interpretation of contract documents and the
resolution of construction disputes. The Board members shall be experienced in highway and transportation
projects. After December 31, 2013 only individuals who have completed training (currently titled DRB
Administration & Practice Training) through the Dispute Resolution Board Foundation or otherwise approved
by CDOT can be a DRB member. When a DRB is formed, the parties shall execute the agreement set forth in
subsection 105.23(l).
2. If the dispute has a value of $250,000 or less, the On Demand DRB shall have one member. The Contractor
and CDOT shall select the DRB member and execute the agreement within 30 days of initiating the DRB
process. If the parties do not agree on the DRB member, each shall select five candidates. Each party shall
numerically rank their list using a scale of one to five with one being their first choice and
January 31, 2013
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
five being their last choice. If common candidates are listed, but the parties cannot agree, that common
candidate with the lowest combined numerical ranking shall be selected. If there is no common candidate, the
lists shall be combined and each party shall eliminate three candidates from the list. Each party shall then
numerically rank the remaining candidates, with No. 1 being the first choice. The candidate with the lowest
combined numerical ranking shall be the DRB member. The CDOT Project Engineer will be responsible for
having all parties execute the agreement.
3. If the dispute has a value over $250,000, the On Demand DRB shall have three members. The Contractor
and CDOT shall each select a member and those two members shall select a third. Once the third member
is approved the three members will nominate one of them to be the Chair and execute the agreement within
45 days of initiating the DRB process.
4. The Standing DRB shall always have three members. The Contractor and CDOT shall each select a member
and those two members shall select a third member. Once the third member is approved the three members
will nominate one of them to be the Chair.. The Contractor and CDOT shall submit their proposed Standing
DRB members within 5 days of execution of the Contract. The third member shall be selected within 15 days
of execution of the Contract. Prior to construction starting the parties shall execute the Three Party
Agreement. The CDOT Project Engineer will be responsible for having all parties execute the agreement.
The Project Engineer will invite the Standing DRB members to the Preconstruction and any Partnering
conferences.
5. DRB members shall not have been involved in the administration of the project under consideration. DRB
candidates shall disclose to the parties the following relationships:
(1) Prior employment with either party
(2) Prior or current financial interests or ties to either party
(3) Prior or current professional relationships with either party
(4) Anything else that might bring into question the impartiality or independence of the DRB member
(5) Prior to agreeing to serve on a DRB, members shall notify all parties of any other CDOT DRB’s they are
serving or that they will be participating in another DRB.
If either party objects to the selection of a potential DRB member based on the disclosures of the potential
member, that potential member shall not be placed on the Board.
6. There shall be no ex parte communications with the DRB at any time.
7. The service of a Board member may be terminated only by written agreement of both parties.
8. If a Board member resigns, is unable to serve, or is terminated, a new Board member shall be selected within
four weeks in the same manner as the Board me member who was removed was originally selected.
(c) Additional Responsibilities of the Standing Disputes Review Board
1. General. Within 120 days after the establishment of the Board, the Board shall meet at a mutually agreeable
location to:
(1) Obtain copies of the Contract documents and Contractor's schedules for each of the Board members.
(2) Agree on the location of future meetings, which shall be reasonably close to the project site.
(3) Establish an address and telephone number for each Board member for the purposes of Board business.
2. Regular meetings. Regular meetings of the Board shall be held approximately every 120 to 180 days
throughout the life of the Contract, except that this schedule may be modified to suit developments on the job
as the work progresses. Regular meetings shall be attended by representatives of the Contractor and the
Department.
3. The Board shall establish an agenda for each meeting which will cover all items that the Board considers
necessary to keep it abreast of the project such as construction status, schedule, potential problems and
solutions, status of past claims and disputes, and potential claims and disputes. Copies of each agenda
January 31, 2013
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
shall be submitted to the Contractor and the Department at least seven days before the meeting date. Oral or
written presentations or both shall be made by the Contractor and the Department as necessary to give the
Board all the data the Board requires to perform its functions. The Board will prepare minutes of each
meeting, circulate them to all participants for comments and approval, and issue revised minutes before the
next meeting. As a part of each regular meeting, a field inspection trip of all active segments of the work at the
project site may be made by the Board, the Contractor, and the Department.
4. Advisory Opinions
(1) Advisory opinions are typically used soon after the parties find they have a potential dispute and have
conducted preliminary negotiations but before expenditure of additional resources and hardening their
positions. Advisory opinions provide quick insight into the DRB’s likely assessment of the dispute. This
process is quick and may be entirely oral and does not prejudice the opportunity for a DRB hearing.
(2) Both parties must agree to seek an advisory opinion and so notify the chairperson. The procedure for
requesting and issuing advisory opinions should be discussed with the DRB at the first meeting with the
parties.
(3) The DRB may or may not issue a written opinion, but if a written advisory opinion is issued, it must be at
the specific request of both parties.
(4) The opinion is only advisory and does not require an acceptance or rejection by either party. If the dispute
is not resolved and a hearing is held, the oral presentations and advisory opinion are completely
disregarded and the DRB hearing procedure is followed.
(5) Advisory opinions should be limited to merit issues only.
(d) Arranging a Dispute Review Board Hearing. When the Project Engineer initiates the DRB review process, the
Project Engineer will:
1. Contact the Contractor and the DRB to coordinate an acceptable hearing date and time. The hearing shall be
held at the Resident Engineer’s office unless an alternative location is agreed to by both parties. Unless
otherwise agreed to by both parties the DRB hearing will be held within 30 days after the DRB agreement is
signed by the CDOT Chief Engineer.
2. Ensure DRB members have copies of all documents previously prepared by the Contractor and CDOT
pertaining to the dispute, the DRB request, the Contract documents, and the special provisions at least two
weeks before the hearing.
(e) Pre-Hearing Submittal: At least fifteen days prior to the hearing, CDOT and the Contractor shall submit by e-mail
to the DRB Chairperson their parties pre-hearing position paper. The DRB Chairperson shall simultaneously
distribute by e-mail the pre-hearing position papers to all parties and other DRB members, if any. At the same
time, each party shall submit a copy of all its supporting documents to be used at the hearing to all DRB Members
and the other party unless the parties have agreed to a common set of documents as discussed in #2 below. In
this case, CDOT shall submit the common set of documents to the Board and the Contractor. The pre-hearing
position paper shall contain the following:
1. A joint statement of the dispute, and the scope of the desired decision. The joint statement shall summarize
in a few sentences the nature of the dispute. If the parties are unable to agree on the wording of the joint
statement, each party’s position paper shall contain both statements, and identify the party
authoring each statement. The parties shall agree upon a joint statement at least 20 days prior to the hearing
and submit it to the DRB or each party’s independent statement shall be submitted to the DRB and the other
party at least 20 days prior to the hearing.
2. The basis and justification for the party’s position, with reference to specific contract language and other
supporting documents for each element of the dispute. To minimize duplication and repetitiveness, the
parties may identify a common set of documents that will be referred to by both parties and submit them in a
separate package to the DRB. The engineer will provide a hard copy of the project plans and Project and
Standard Special Provisions, if necessary, to the DRB. Other standard CDOT documents such as Standard
Specifications and M&S Standards are available on the CDOT website.
January 31, 2013
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
(1) If any party contends that they are not necessary to the proceedings, the DRB shall determine that issue
in the first instance. Should the DRB determine that a dispute does not involve a party, that party shall be
relieved from participating in the DRB hearing and paying any further DRB costs.
(2) When the scope of the hearing includes quantum, the requesting party's position paper shall include full
cost details, calculated in accordance with methods set forth in subsection 105.24(b)12. The Scope of
the hearing will not include quantum if CDOT has ordered an audit and that audit has not been
completed.
3. A list of proposed attendees at the hearing. In the event of any disagreement, the DRB shall make the final
determination as to who attends the hearing.
4. A list of any intended experts including their qualifications and a summary of what their presentation will
include and an estimate of the length of the presentation.
The number of copies, distribution requirements, and time for submittal shall be established by the DRB and
communicated to the parties by the Chairperson.
A pre-hearing phone conference with all DRB members and the parties shall be conducted as soon as a
hearing date is established but no later than 10 days prior to the hearing. The DRB Chairperson shall explain
the specifics of how the hearing will be conducted including how the two parties will present their information to
the DRB (Ex: Each party makes a full presentation of their position or presentations will be made on a “point by
point” basis with each party making a presentation only on an individual dispute issue before moving onto to
the next issue). If the pre-hearing position papers and documents have been received by the Board prior to
the conference call, the DRB Chairperson shall at this conference discuss the estimated hours of review and
research activities for this dispute (such as time spent evaluating and preparing recommendations on specific
issues presented to the DRB). If the pre-hearing position papers and documents have not been received by
the Board prior to the conference call, another conference call will be scheduled during the initial conference
call to discuss the estimated hours of review. Compensation for time agreed to in advance by the parties will
be made at an agreed rate of $125 per hour in accordance with subsection 105.23 (k) 2. Compensation for the
phone conference time will also be made at an agreed to rate of $125 per hour in accordance with subsection
105.23 (k) 2. The Engineer shall coordinate the phone conference.
(f) Dispute Review Board Hearing. The DRB shall preside over a hearing. The chairperson shall control the hearing
and conduct it as follows:
1. An employee of CDOT presents a brief description of the project and the status of construction on the project.
2. The party that requested the DRB presents the dispute in detail as supported by previously submitted
information and documentation in the pre-hearing position paper. No new information or disputes will be
heard or addressed by the DRB.
3. The other party presents its position in detail as supported by previously submitted information and
documentation in the pre-hearing position paper. No new information or disputes will be heard or addressed
by the DRB.
4. Employees of each party are responsible for leading presentations at the DRB hearing.
5. Attorneys shall not participate in the hearing unless the DRB specifically addresses an issue to them or
unless agreed to by both parties. Should the parties disagree on attorney participation, the DRB shall decide
on what, if any, participation will be permitted. Attorneys representing the parties are permitted to attend the
hearing, provided their presence has been noted in the pre-hearing submittal.
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6. Either party may use experts. A party intending to offer an outside expert's analysis at the hearing shall
disclose such intention in the pre-hearing position paper. The expert's name and a general statement of the
area of the dispute that will be covered by his presentation shall be included in the disclosure. The other party
may present an outside expert to address or respond to those issues that may be raised by the
disclosing party's outside expert.
7. If both parties approve, the DRB may retain an outside expert. The DRB chairperson shall include the cost of
the outside expert in the DRB's regular invoice. CDOT and the Contractor shall equally bear the cost of the
services of the outside expert employed by the DRB.
8. Upon completion of their presentations and rebuttals, both parties and the DRB will be provided the
opportunity to exchange questions and answers. All questions shall be directed to the chairperson first.
Attendees may respond only when board members request a response.
9. The DRB shall hear only those disputes identified in the written request for the DRB and the information contained in the
pre-hearing submittals. The board shall not hear or address other disputes. If either party attempts to discuss a dispute
other than those to be heard by the DRB or attempts to submit new information, the chairperson shall inform such party
that the board shall not hear the issue and shall not accept any additional information. The DRB shall not hear any issue
or consider any information that was not contained in the Request for Equitable Adjustment and fully submitted to the
Project Engineer and Resident Engineer during the 105.22 process.
10. If either party fails to timely deliver a position paper, the DRB may reschedule the hearing one time. On the final date and
time established for the hearing, the DRB shall proceed with the hearing using the information that has been submitted.
11. If a party fails to appear at the hearing, the DRB shall proceed as if all parties were in attendance.
(g) Dispute Review Board Recommendation. The DRB shall issue a Recommendation in accordance with the
following procedures:
1. The DRB shall not make a recommendation on the dispute at the meeting. Prior to the closure of the hearing,
the DRB members and the Contractor and CDOT together will discuss the time needed for analysis and
review of the dispute and the issuance of the DRB's recommendation. The maximum time shall be 30 days
unless otherwise agreed to by both parties. At a minimum, the recommendation shall contain all the elements
listed in Rule 35, Form of Award, of the Arbitration Regular Track Provisions listed at the end of subsection
105.24.
2. After the meeting has been closed, the DRB shall prepare a written Recommendation signed by each
member of the DRB. In the case of a three member DRB, where one member dissents that member shall
prepare a written dissent and sign it.
3. The chairperson shall transmit the signed Recommendation and any supporting documents to both parties.
(h) Clarification and Reconsideration of Recommendation. Either party may request clarification or reconsideration of
a decision within ten days following receipt of the Recommendation. Within ten days after receiving the request,
the DRB shall provide written clarification or reconsideration to both parties unless otherwise agreed to by both
parties.
Requests for clarification or reconsideration shall be submitted in writing simultaneously to the DRB and to the
other party.
The Board shall not accept requests for reconsideration that amount to a renewal of a prior argument or additional
argument based on facts available at the time of the hearing. The Board shall not consider any documents or
arguments which have not been made a part of the pre-hearing submittal other than clarification and data
supporting previously submitted documentation.
Only one request for clarification or reconsideration per dispute from each party will be allowed.
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(i) Acceptance or Rejection of Recommendation. CDOT and the Contractor shall submit their written acceptance or
rejection of the Recommendation, in whole or in part, concurrently to the other party and to the DRB within 14
days after receipt of the Recommendation or following receipt of responses to requests for clarification or
reconsideration.
If the parties accept the Recommendation or a discreet part thereof, it will be implemented in accordance with
subsections 108.08, 109.04, 109.05, or 109.10 and the dispute is resolved.
If either party rejects the Recommendation in whole or in part, it shall give written explanation to the other party
within 14 days after receiving the Recommendation. When the Recommendation is rejected in whole or in part by
either party, the other party may either abandon the dispute or pursue a formal claim in accordance with
subsection 105.24.
If either party fails to submit its written acceptance or rejection of the Dispute Board’s recommendation, according
to these specifications, such failure shall constitute that party’s acceptance of the Board’s recommendation.
(j) Admissibility of Recommendation. Recommendations of a DRB issued in accordance with subsection 105.23 are
admissible in subsequent proceedings but shall be prefaced with the following paragraph:
This Recommendation may be taken under consideration with the understanding that:
1. The DRB Recommendation was a proceeding based on presentations by the parties.
2. No fact or expert witnesses presented sworn testimony or were subject to cross-examination.
3. The parties to the DRB were not provided with the right to any discovery, such as production of documents or
depositions.
4. There is no record of the DRB hearing other than the Recommendation.
(k) Cost and Payments.
1. General Administrative Costs. The Contractor and the Department shall equally share the entire cost of the
following to support the Board's operation:
(1) Copies of Contract and other relevant documentation
(2) Meeting space and facilities
(3) Secretarial Services
(4) Telephone
(5) Mail
(6) Reproduction
(7) Filing
2. The Department and the Contractor shall bear the costs and expenses of the DRB equally. Each DRB board
member shall be compensated at an agreed rate of $1,200 per day if time spent on-site per meeting is greater
than four hours. Each DRB board member shall be compensated at an agreed rate of $800 per day if time
spent on-site per meeting is less than or equal to four hours. The time spent traveling to and from each
meeting shall be reimbursed at $50 per hour if the travel distance is more than 50 miles. The agreed daily
and travel time rates shall be considered full compensation for on-site time, travel expenses, transportation,
lodging, time for travel of more than 50 miles and incidentals for each day, or portion thereof that the DRB
member is at an authorized DRB meeting. No additional compensation will be made for time spent by DRB
members in review and research activities outside the official DRB meetings unless that time, (such as time
spent evaluating and preparing recommendations on specific issues presented to the DRB), has been
specifically agreed to in advance by the Department and Contractor. Time away from the project that has
been specifically agreed to in advance by the parties will be compensated at an agreed rate of $125 per hour.
The agreed amount of $125 per hour shall include all incidentals. Members
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serving on more than one DRB, regardless of the number of meetings per day, shall not be paid more than
the all inclusive rate per day or rate per hour for an individual project.
3. Payments to Board Members and General Administrative Costs. Each Board member shall submit an invoice
to the Contractor for fees and applicable expenses incurred each month following a month in which the Board
members participated in Board functions. Such invoices shall be in the format established by the Contractor
and the Department. The Contractor shall submit to the Department copies of all invoices. No markups by
the Contractor will be allowed on any DRB costs. The Department will split the cost by authorizing 50 percent
payment on the next progress payment. The Contractor shall make all payments in full to Board members
within seven calendar days after receiving payment from the Department for this work.
(l) Dispute Review Board Three Party Agreement.
DISPUTE REVIEW BOARD
THREE PARTY AGREEMENT
COLORADO PROJECT NO.
THIS THREE PARTY AGREEMENT, made as of the date signed by the Chief Engineer below, by and between: the
Colorado Department of Transportation, hereinafter called the “Department”; and
,
hereinafter called the “Contractor”; and
,
,
,
and
,
hereinafter called the “Dispute Review Board” or “Board”.
WHEREAS, the Department is now engaged in the construction of the
[Project Name]
and
WHEREAS, the Contract provides for the establishment of a Board in accordance with subsections 105.22 and
105.23 of the specifications.
NOW, THEREFORE, it is hereby agreed:
ARTICLE I
DESCRIPTION OF WORK AND SERVICES
The Department and the Contractor shall form a Board in accordance with this agreement and the provisions of
subsection 105.23.
ARTICLE II
COMMITMENT ON PART OF THE PARTIES HERETO
The parties hereto shall faithfully fulfill the requirements of subsection 105.23 and the requirements of this agreement.
ARTICLE III
COMPENSATION
The parties shall share equally in the cost of the Board, including general administrative costs (meeting space and
facilities, secretarial services, telephone, mail, reproduction, filing) and the member’s individual fees. Reimbursement
of the Contractor’s share of the Board expenses for any reason is prohibited.
The Contractor shall make all payments in full to Board members. The Contractor will submit to the Department an
itemized statement for all such payments, and the Department will split the cost by including 50 percent payment on
the next progress payment. The Contractor and the Department will agree to accept invoiced costs prior to payment
by the Contractor.
DISPUTE REVIEW BOARD
THREE PARTY AGREEMENT PAGE 2
COLORADO PROJECT NO.
Board members shall keep all fee records pertaining to this agreement available for inspection by representatives of
the Department and the Contractor for a period of three years after the termination of the Board members’ services.
Payment to each Board member shall be at the fee rates established in subsection 105.23 and agreed to by each
Board member, the Contractor, and the Department. In addition, reimbursement will be made for applicable
expenses.
Each Board member shall submit an invoice to the Contractor for fees incurred each month following a month in which
the members participated in Board functions. Such invoices shall be in the format established by the Contractor and
the Department.
Payments shall be made to each Board member within 60 days after the Contractor and Department have received all
the applicable billing data and verified the data submitted by that member. The Contractor shall make payment to the
Board member within seven calendar days of receipt of payment from the Department.
ARTICLE IV
ASSIGNMENT
Board members shall not assign any of the work to be performed by them under this agreement. Board members
shall disclose any conflicts of interest including but not limited to any dealings with the either party in the previous five
years other than serving as a Board member under other contracts.
ARTICLE V
COMMENCEMENT AND TERMINATION OF SERVICES
The commencement of the services of the Board shall be in accordance with subsection 105.23 of the specifications
and shall continue until all assigned disputes under the Contract which may require the Board’s services have been
heard and a Recommendation has been issued by the Board as specified in subsection 105.23. If a Board member is
unable to fulfill his responsibilities for reasons specified in subsection 105.23(b)7, he shall be replaced as provided
therein, and the Board shall fulfill its responsibilities as though there had been no change.
ARTICLE VI
LEGAL RELATIONS
The parties hereto mutually agree that each Board member in performance of his duties on the Board is acting as an
independent contractor and not as an employee of either the Department or the Contractor. Board members will
guard their independence and avoid any communication about the substance of the dispute without both parties being
present.
The Board members are absolved of any personal liability arising from the Recommendations of the Board. The
parties agree that members of the dispute review board panel are acting as mediators for purposes of C.R.S. § 13-22-
302(4) and, as such, the liability of any dispute review board member shall be limited to willful and wanton
misconduct as provided for in C.R.S. § 13-22-305(6)
DISPUTE REVIEW BOARD
THREE PARTY AGREEMENT PAGE 3
COLORADO PROJECT NO.
IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed the day and year first written
above.
BOARD MEMBER: .
BY: .
BOARD MEMBER: .
BY: .
BOARD MEMBER: .
BY: .
CONTRACTOR: .
BY: .
TITLE:
COLORADO DEPARTMENT OF TRANSPORTATION
BY: Date: .
TITLE: CHIEF ENGINEER
105.24 Claims for Unresolved Disputes. The Contractor may file a claim only if the disputes resolution process
described in subsections 105.22 and 105.23 has been exhausted without resolution of the dispute. Other methods of
nonbinding dispute resolution, exclusive of arbitration and litigation, can be used if agreed to by both parties.
This subsection applies to any unresolved dispute or set of disputes between CDOT and the Contractor with an
aggregate value of more than $15,000. Unresolved disputes with an aggregate value of more than $15,000 from
subcontractors, materials suppliers or any other entity not a party to the Contract shall be submitted through the
Contractor in accordance with this subsection as a pass-through claim. Review of a pass-through claim does not
create privity of Contract between CDOT and any other entity.
Subsections 105.22, 105.23 and 105.24 provide both contractual alternative dispute resolution processes and
constitute remedy-granting provisions pursuant to Colorado Revised Statutes which must be exhausted in their
entirety.
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Merit-binding arbitration or litigation proceedings must commence within 180-calendar days of the Chief Engineer's
decision, absent written agreement otherwise by both parties.
The venue for all unresolved disputes with an aggregate value $15,000 or less shall be the County Court for the City
and County of Denver.
Non-binding Forms of alternative dispute resolution such as Mediation are available upon mutual agreement of the
parties for all claims submitted in accordance with this subsection.
The cost of the non-binding ADR process shall be shared equally by both parties with each party bearing its own
preparation costs. The type of nonbinding ADR process shall be agreed upon by the parties and shall be conducted
within the State of Colorado at a mutually acceptable location. Participation in a nonbinding ADR process does not in
any way waive the requirement that merit-binding arbitration or litigation proceedings must commence within 180-
calendar days of the Chief Engineer's decision, absent written agreement otherwise by both parties.
(a) Notice of Intent to File a Claim.
Within 30 days after rejection of the Dispute Resolution Board's Recommendation issued in accordance with
subsection 105.23, the Contractor shall provide the Region Transportation Director with a written notice of intent
to file a claim. The Contractor shall also send a copy of this notice to the Resident Engineer. For the purpose of
this subsection Region Transportation Director shall mean the Region Transportation Director or the Region
Transportation Director's designated representative. CDOT will acknowledge in writing receipt of Notice of Intent
within 7 days.
(b) Claim Package Submission. Within 60 days after submitting the notice of intent to file a claim, the Contractor
shall submit five copies of a complete claim package representing the final position the Contractor wishes to have
considered. All claims shall be in writing and in sufficient detail to enable the RTD to ascertain the basis and
amount of claim. The claim package shall include all documents supporting the claim, regardless of whether such
documents were provided previously to CDOT.
If requested by the Contractor the 60 day period may be extended by the RTD in writing prior to final acceptance.
As a minimum, the following information shall accompany each claim.
1. A claim certification containing the following language, as appropriate:
A. For a direct claim by the Contractor:
CONTRACTOR'S CLAIM CERTIFICATION
Under penalty of law for perjury or falsification, the undersigned, (name) ,
(title) , of (company) , hereby certifies that the claim of
$ for extra compensation and Days additional time, made herein for work on this
contract is true to the best of my knowledge and belief and supported under the Contract between the parties.
This claim package contains all available documents that support the claims made herein and I understand that no
additional information, other than for clarification and data supporting previously submitted documentation, may be
presented by me.
Dated /s/
Subscribed and sworn before me this day of .
NOTARY PUBLIC
My Commission Expires: _______________________
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DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
B. For a pass-through claim:
PASS-THROUGH CLAIM CERTIFICATION
Under penalty of law for perjury or falsification, the undersigned, (name) ,
(title) , of (company) , hereby certifies that the claim of
$ for extra compensation and Days additional time, made herein for work on this
Project is true to the best of my knowledge and belief and supported under the contract between the parties.
This claim package contains all available documents that support the claims made herein and I understand that no
additional information, other than for clarification and data supporting previously submitted documentation, may be
presented by me.
Dated /s/
Subscribed and sworn before me this day of .
NOTARY PUBLIC
My Commission Expires: _______________________
Dated /s
The Contractor certifies that the claim being passed through to CDOT is passed through in good faith and is accurate
and complete to the best of my knowledge and belief.
Dated /s/
Subscribed and sworn before me this day of .
NOTARY PUBLIC
My Commission Expires: _______________________
2. A detailed factual statement of the claim for additional compensation, time, or both, providing all necessary
dates, locations, and items of work affected by the claim. The Contractor's detailed factual statement shall
expressly describe the basis of the claim and factual evidence supporting the claim. This requirement is not
satisfied by simply incorporating into the claim package other documents that describe the basis of the claim
and supporting factual evidence.
3. The date on which facts were discovered which gave rise to the claim.
4. The name, title, and activity of all known CDOT, Consultant, and other individuals who may be knowledgeable
about facts giving rise to such claim.
5. The name, title, and activity of all known Contractor, subcontractor, supplier and other individuals who may be
knowledgeable about facts giving rise to such claim.
6. The specific provisions of the Contract, which support the claim and a statement of the reasons why such
provisions support the claim.
7. If the claim relates to a decision of the Project Engineer, which the Contract leaves to the Project Engineer's
discretion, the Contractor shall set out in detail all facts supporting its position relating to the decision of the
Project Engineer.
8. The identification of any documents and the substance of all oral communications that support the claim.
9. Copies of all known documents that support the claim.
10. The Dispute Review Board Recommendation.
11. If an extension of contract time is sought, the documents required by subsection 108.08(d).
12. If additional compensation is sought, the exact amount sought and a breakdown of that amount into the
following categories:
21. These categories represent the only costs that are recoverable by the Contractor. All other costs or
categories of costs are not recoverable:
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
(1) Actual wages and benefits, including FICA, paid for additional labor
(2) Costs for additional bond, insurance and tax
(3) Increased costs for materials
(4) Equipment costs calculated in accordance with subsection 109.04(c) for Contractor owned equipment
and based on certified invoice costs for rented equipment
(5) Costs of extended job site overhead
(6) Salaried employees assigned to the project
(7) Claims from subcontractors and suppliers at any level (the same level of detail as specified herein is
required for all such claims)
(8) An additional 16 percent will be added to the total of items (1) through (7) as compensation for items
for which no specific allowance is provided, including profit and home office overhead.
(9) Interest shall be paid in accordance with CRS 5-12-102 beginning from the date of the Notice of
Intent to File Claim
22. In adjustment for the costs as allowed above, the Department will have no liability for the following items
of damages or expense:
(1) Profit in excess of that provided in 12.A.(8) above
(2) Loss of Profit
(3) Additional cost of labor inefficiencies in excess of that provided in A. above
(4) Home office overhead in excess of that provided in A. above
(5) Consequential damages, including but not limited to loss of bonding capacity, loss of bidding
opportunities, and insolvency
(6) Indirect costs or expenses of any nature in excess of that provided in A. above
(7) Attorneys fees, claim preparation fees, and expert fees
(c) Audit. An audit may be performed by the Department for any dispute or claim, and is mandatory for all disputes
and claims with amounts greater than $250,000. All audits will be complete within 60 days of receipt of the
complete claim package, provided the Contractor allows the auditors reasonable and timely access to the
Contractor's books and records. For all claims with amounts greater than $250,000 the Contractor shall submit a
copy of certified claim package directly to the CDOT Audit Unit at the following address:
Division of Audit
4201 E. Arkansas Ave
Denver, Co. 80222
(d) Region Transportation Director Decision. When the Contractor properly files a claim, the RTD will review the
claim and render a written decision to the Contractor to either affirm or deny the claim, in whole or in part, in
accordance with the following procedure.
The RTD may consolidate all related claims on a project and issue one decision, provided that consolidation does
not extend the time period within which the RTD is to render a decision. Consolidation of unrelated claims will not
be made.
The RTD will render a written decision to the Contractor within 60 days after the receipt of the claim package or
receipt of the audit whichever is later. In rendering the decision, the RTD: (1) will review the information in the
Contractor's claim; (2) will conduct a hearing if requested by either party; and (3) may consider any other
information available in rendering a decision.
The RTD will assemble and maintain a claim record comprised of all information physically submitted by the
Contractor in support of the claim and all other discoverable information considered by the RTD in reaching a
decision. Once the RTD assembles the claim record, the submission and consideration of additional information,
other than for clarification and data supporting previously submitted documentation, at any subsequent level of
review by anyone, will not be permitted.
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DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
The RTD will provide a copy of the claim record and the written decision to the Contractor describing the
information considered by the RTD in reaching a decision and the basis for that decision. If the RTD fails to
render a written decision within the 60 day period, or within any extended time period as agreed to by both
parties, the Contractor shall either: (1) accept this as a denial of the claim, or (2) appeal the claim to the Chief
Engineer, as described in this subsection.
If the Contractor accepts the RTD decision, the provisions of the decision shall be implemented in accordance
with subsections 108.08, 109.04, 109.05, or 109.10 and the claim is resolved.
If the Contractor disagrees with the RTD decision, the Contractor shall either: (1) accept the RTD decision as
final, or (2) file a written appeal to the Chief Engineer within 30 days from the receipt of the RTD decision. The
Contractor hereby agrees that if a written appeal is not properly filed, the RTD decision is final.
(e) Chief Engineer Decision. When a claim is appealed, the RTD will provide the claim record to the Chief Engineer.
Within 15 days of the appeal either party may submit a written request for a hearing with the Chief Engineer or
duly authorized Headquarters delegates. The Chief Engineer or a duly authorized Headquarters delegate will
review the claim and render a decision to affirm, overrule, or modify the RTD decision in accordance with the
following.
The Contractor's written appeal to the Chief Engineer will be made a part of the claim record.
The Chief Engineer will render a written decision within 60 days after receiving the written appeal. The Chief
Engineer will not consider any information that was not previously made a part of the claim record, other than
clarification and data supporting previously submitted documentation.
The Contractor shall have 30 days to accept or reject the Chief Engineer's decision. The Contractor shall notify
the Chief Engineer of its acceptance or rejection in writing.
If the Contractor accepts the Chief Engineer's decision, the provisions of the decision will be implemented in
accordance with subsections 108.08, 109.04, 109.05, or 109.10 and the claim is resolved.
If the Contractor disagrees with the Chief Engineer's decision, the Contractor shall either (1) pursue an alternative
dispute resolution process in accordance with this specification or (2) initiate litigation or merit binding arbitration
in accordance with subsection 105.24(f).
If the Chief Engineer does not issue a decision as required, the Contractor may immediately initiate either
litigation or merit binding arbitration in accordance with subsection 105.24(f).
For the convenience of the parties to the Contract it is mutually agreed by the parties that any merit binding
arbitration or De Novo litigation shall be brought within 180-calendar days from the date of the Chief Engineer's
decision. The parties understand and agree that the Contractor's failure to bring suit within the time period
provided, shall be a complete bar to any such claims or causes of action.
(f) De Novo Litigation or Merit Binding Arbitration. If the Contractor disagrees with the Chief Engineer's decision, the
Contractor may initiate de novo litigation or merit binding arbitration to finally resolve the claim that the Contractor
submitted to CDOT, depending on which option was selected by the Contractor on Form 1378 which shall be
submitted at the preconstruction conference. Such litigation or arbitration shall be strictly limited to those claims
that were previously submitted and decided in the contractual dispute and claims processes outlined herein. This
does not preclude the joining in one litigation or arbitration of multiple claims from the same project provided that
each claim has gone through the dispute and claim process specified in subsections 105.22 through 105.24. The
parties may agree, in writing, at any time, to pursue some other form of alternative dispute resolution.
Any offer made by the Contractor or the Department at any stage of the claims process, as set forth in this
subsection, shall be deemed an offer of settlement pursuant to Colorado Rule of Evidence 408 and therefore
inadmissible in any litigation or arbitration.
If the Contractor selected litigation, then de novo litigation shall proceed in accordance with the Colorado Rules of
Civil Procedure and the proper venue is the Colorado State District Court in and for the City and County of
Denver, unless both parties agree to the use of arbitration.
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If the Contractor selected merit binding arbitration, or if both parties subsequently agreed to merit binding
arbitration, arbitration shall be governed by the modified version of AAA’s Construction Industry Arbitration Rules
which follow. Pursuant to the modified arbitration rules (R35 through R39), the arbitrators shall issue a binding
decision with regard to entitlement and a non-binding decision with regard to quantum. If either party disagrees
with the decision on quantum, the disagreeing party may seek a trial de novo in Denver District Court with regard
to quantum only.
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AMERICAN ARBITRATION ASSOCIATION CONSTRUCTION INDUSTRY ARBITRATION RULES MODIFIED FOR
USE WITH CDOT SPECIFICATION SUBSECTION 105.24
REGULAR TRACK PROCEDURES
R-1. Agreement of Parties
(a) The parties shall be deemed to have made these rules a part of their Contract. These rules and any amendments
shall apply in the form in effect at the time the administrative requirements are met for a demand
for arbitration. The parties, by written agreement, may vary the procedures set forth in these rules. After
appointment of the arbitrator, such modifications may be made only with the consent of the arbitrator.
(b) Unless the parties determine otherwise, the Fast Track Procedures shall apply in any case in which aggregate
claims do not exceed $75,000, exclusive of interest and arbitration fees and costs. Parties may also agree to use
these procedures in larger cases. Unless the parties agree otherwise, these procedures will not apply in cases
involving more than two parties except for pass-through claims. The Fast Track Procedures shall be applied as
described in Sections F-1 through F-13 of these rules, in addition to any other portion of these rules that is not in
conflict with the Fast Track Procedures.
(c) Unless the parties agree otherwise, the Procedures for Large, Complex Construction Disputes shall apply to all
cases in which the disclosed aggregate claims of any party is at least $500,000, exclusive of claimed interest,
arbitration fees and costs. Parties may also agree to use these procedures in cases involving claims under
$500,000, or in nonmonetary cases. The Procedures for Large, Complex Construction Disputes shall be applied
as described in Sections L-1 through L-4 of these rules, in addition to any other portion of these rules that is not in
conflict with the Procedures for Large, Complex Construction Disputes.
(d) All other cases shall be administered in accordance with Sections R-1 through R-45 of these rules.
R-2. Independent Arbitration Provider and Delegation of Duties
When parties agree to arbitrate under these rules, or when they provide for arbitration by an independent third-party
(Arbitration Provider) and arbitration is initiated under these rules, they thereby authorize the Arbitration Provider to
administer the arbitration. The authority and duties of the Arbitration Provider are prescribed in the parties’ Contract
and in these rules, and may be carried out through such of the Arbitration Provider’s representatives as it may direct.
The Arbitration Provider will assign the administration of an arbitration to its Denver office
R-3. Initiation of Arbitration
Arbitration shall be initiated in the following manner.
(a) The Contractor shall, within 30 days after the Chief Engineer issues a decision, submit to the Chief Engineer
written notice of its intention to arbitrate (the "demand"). The demand shall indicate the appropriate qualifications
for the arbitrator(s) to be appointed to hear the arbitration.
(b) CDOT may file an answering statement with the Contractor within 15 days after receiving the demand. If a
counterclaim is asserted, it shall contain a statement setting forth the nature of the counterclaim, the amount
involved, if any, and the remedy sought.
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DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
(c) The Chief Engineer shall retain an Arbitration Provider, such as the American Arbitration Association, which will
administer an arbitration pursuant to these Rules, except to the extent that such rules conflict with the
specifications, in which case the specifications shall control.
(d) The Arbitration Provider shall confirm its retention to the parties.
R-4. Consolidation or Joinder
If the parties' agreement or the law provides for consolidation or joinder of related arbitrations, all involved parties will
endeavor to agree on a process to effectuate the consolidation or joinder.
If they are unable to agree, the Arbitration Provider shall directly appoint a single arbitrator for the limited purpose of
deciding whether related arbitrations should be consolidated or joined and, if so, establishing a fair and appropriate
process for consolidation or joinder. The Arbitration Provider may take reasonable administrative action to accomplish
the consolidation or joinder as directed by the arbitrator.
R-5. Appointment of Arbitrator
An arbitrator shall be appointed in the following manner:
(a) Immediately after the Arbitration Provider is retained, the Arbitration Provider shall send simultaneously to each
party to the dispute an identical list of 10 names of potential arbitrators. The parties are encouraged to agree to an
arbitrator from the submitted list and to advise the AAA of their agreement. Absent agreement of the parties, the
arbitrator shall not have served as the mediator in the mediation phase of the instant proceeding.
(b) If the parties cannot agree to arbitrator(s), each party to the dispute shall have 15 calendar days from the
transmittal date in which to strike names objected to, number the remaining names in order of preference, and
return the list to the Arbitration Provider. If a party does not return the list within the time specified, all persons
named therein shall be deemed acceptable. From among the persons who have been approved on both lists, and
in accordance with the designated order of mutual preference, the Arbitration Provider shall invite an arbitrator to
serve.
(c) Unless both parties agree otherwise one arbitrator shall be used for claims less than $250,000 and three
arbitrators shall be used for claims $250,000 and greater. Within 15 calendar days from the date of the
appointment of the last arbitrator, the Arbitration Provider shall appoint a chairperson.
(d) The entire claim record will be made available to the arbitrators by the Chief Engineer within 15 calendar days
from the date of the appointment of the last arbitrator.
R-6. Changes of Claim
The arbitrator(s) will not consider any information that was not previously made a part of the claim record as
transmitted by the Chief Engineer, other than clarification and data supporting previously submitted
documentation.
R-7. Disclosure
(a) Any person appointed or to be appointed as an arbitrator shall disclose to the Arbitration Provider any
circumstance likely to give rise to justifiable doubt as to the arbitrator's impartiality or independence, including any
bias or any interest in the result of the arbitration or any relationship with the parties or their representatives. Such
obligation shall remain in effect throughout the arbitration.
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(b) Upon receipt of such information from the arbitrator or another source, the Arbitration Provider shall communicate
the information to the parties and, if it deems it appropriate to do so, to the arbitrator and others.
(c) In order to encourage disclosure by arbitrators, disclosure of information pursuant to this Section R-6 is not to be
construed as an indication that the arbitrator considers that the disclosed circumstances are likely to affect
impartiality or independence.
(d) In no case shall an arbitrator be employed by, affiliated with, or have consultive or business connection with the
claimant Contractor or CDOT. An arbitrator shall not have assisted either in the evaluation, preparation, or
presentation of the claim case either for the Contractor or the Department or have rendered an opinion on the
merits of the claim for either party, and shall not do so during the proceedings of arbitration.
R-8. Disqualification of Arbitrator
(a) Any arbitrator shall be impartial and independent and shall perform his or her duties with diligence and in good
faith, and shall be subject to disqualification for: (i) partiality or lack of independence, (ii) inability or refusal to
perform his or her duties with diligence and in good faith; and/or (iii) any grounds for disqualification provided by
applicable law.
(b) Upon objection of a party to the continued service of an arbitrator, or on its own initiative, the Arbitration Provider
shall determine whether the arbitrator should be disqualified under the grounds set out above, and shall inform
the parties of its decision, which decision shall be conclusive.
R-9. Communication with Arbitrator
No party and no one acting on behalf of any party shall communicate ex parte with an arbitrator or a candidate for
arbitrator concerning the arbitration.
R-10. Vacancies
(a) If for any reason an arbitrator is unable to perform the duties of the office, the Arbitration Provider may, on proof
satisfactory to it, declare the office vacant. Vacancies shall be filled in accordance with the applicable provisions
of these rules.
(b) In the event of a vacancy in a panel of neutral arbitrators after the hearings have commenced, the remaining
arbitrator or arbitrators may continue with the hearing and determination of the controversy, unless the parties
agree otherwise.
(c) In the event of the appointment of a substitute arbitrator, the panel of arbitrators shall determine in its sole
discretion whether it is necessary to repeat all or part of any prior hearings.
R-11. Jurisdiction
(a) The arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to
the existence, scope or validity of the arbitration agreement.
(b) The arbitrator shall have the power to determine the existence or validity of a contract of which an arbitration
clause forms a part. Such an arbitration clause shall be treated as an agreement independent of the other terms
of the contract. A decision by the arbitrator that the contract is null and void shall not for that reason alone render
invalid the arbitration clause.
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(c) A party must object to the jurisdiction of the arbitrator or to the arbitrability of a claim or counterclaim no later than
15 days after the Arbitration Provider confirms its retention to the parties. The arbitrator may rule on such
objections as a preliminary matter or as part of the final award.
R-12. Administrative Conference
At the request of any party or upon the Arbitration Provider’s own initiative, the Arbitration Provider may conduct an
administrative conference, in person or by telephone, with the parties and/or their representatives. The conference
may address such issues as arbitrator selection, potential exchange of information, a timetable for hearings and any
other administrative matters.
R-13. Preliminary Hearing
(a) At the request of any party or at the discretion of the arbitrator or the Arbitration Provider, the arbitrator may
schedule as soon as practicable a preliminary hearing with the parties and/or their representatives. The
preliminary hearing may be conducted by telephone at the arbitrator's discretion.
(b) During the preliminary hearing, the parties and the arbitrator should discuss the future conduct of the case,
including clarification of the issues and claims, a schedule for the hearings and any other preliminary matters.
R-14. Exchange of Information
(a) At the request of any party or at the discretion of the arbitrator, consistent with the expedited nature of arbitration,
the arbitrator may direct: (i) the production of documents and other information; (ii) short depositions, particularly
with regard to experts; and/or (iii) the identification of any witnesses to be called.
(b) At least five business days prior to the hearing, the parties shall exchange copies of all exhibits they intend to
submit at the hearing.
(c) The arbitrator is authorized to resolve any disputes concerning the exchange of information.
(d) Additional discovery may be ordered by the arbitrator in extraordinary cases when the demands of justice require
it.
R-15. Date, Time, and Place of Hearing
(a) The arbitrator shall set the date, time, and place for each hearing and/or conference. The parties shall respond to
requests for hearing dates in a timely manner, be cooperative in scheduling the earliest practicable date, and
adhere to the established hearing schedule.
(b) The parties may mutually agree on the locale where the arbitration is to be held. Absent such agreement, the
arbitration shall be held in the City and County of Denver.
(c) The Arbitration Provider shall send a notice of hearing to the parties at least ten calendar days in advance of the
hearing date, unless otherwise agreed by the parties.
R-16. Attendance at Hearings
The arbitrator and the Arbitration Provider shall maintain the privacy of the hearings unless the law provides to the
contrary. Any person having a direct interest in the arbitration is entitled to attend hearings. The arbitrator shall
otherwise have the power to require the exclusion of any witness, other than a party or other essential person,
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during the testimony of any other witness. It shall be discretionary with the arbitrator to determine the propriety of the
attendance of any person other than a party and its representative.
R-17. Representation
Any party may be represented by counsel or other authorized representative. A party intending to be so represented
shall notify the other party and the Arbitration Provider of the name and address of the representative at least three
calendar days prior to the date set for the hearing at which that person is first to appear.
R-18. Oaths
Before proceeding with the first hearing, each arbitrator may take an oath of office and, if required by law, shall do so.
The arbitrator may require witnesses to testify under oath administered by any duly qualified person and, if it is
required by law or requested by any party, shall do so.
R-19. Stenographic Record
Any party desiring a stenographic record shall make arrangements directly with a stenographer and shall notify the
other parties of these arrangements at least three days in advance of the hearing. The requesting party or parties
shall pay the cost of the record. If the transcript is agreed by the parties, or determined by the arbitrator to be the
official record of the proceeding, it must be provided to the arbitrator and made available to the other parties for
inspection, at a date, time, and place determined by the arbitrator.
R-20. Interpreters
Any party wishing an interpreter shall make all arrangements directly with the interpreter and shall assume the costs
of the service.
R-21. Postponements
The arbitrator for good cause shown may postpone any hearing upon agreement of the parties, upon request of a
party, or upon the arbitrator's own initiative.
R-22. Arbitration in the Absence of a Party or Representative
Unless the law provides to the contrary, the arbitration may proceed in the absence of any party or representative
who, after due notice, fails to be present or fails to obtain a postponement. An award shall not be made solely on the
default of a party. The arbitrator shall require the party who is present to submit such evidence as the arbitrator may
require for the making of an award.
R-23. Conduct of Proceedings
(a) The Contractor shall present evidence to support its claim. CDOT shall then present evidence supporting its
defense. Witnesses for each party shall also submit to questions from the arbitrator and the adverse party. The
arbitrator has the discretion to vary this procedure; provided that the parties are treated with equality and that
each party has the right to be heard and is given a fair opportunity to present its case.
(b) The arbitrator, exercising his or her discretion, shall conduct the proceedings with a view to expediting the
resolution of the dispute and may direct the order of proof, bifurcate proceedings, and direct the parties to focus
their presentations on issues the decision of which could dispose of all or part of the case. The arbitrator shall
entertain motions, including motions that dispose of all or part of a claim or that may expedite the proceedings,
and may also make preliminary rulings and enter interlocutory orders.
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(c) The parties may agree to waive oral hearings in any case.
R-24. Evidence
(a) The arbitrators shall consider all written information available in the claim record and all oral presentations in
support of that record by the Contractor and CDOT. Conformity to legal rules of evidence shall not be necessary.
(b) The arbitrators shall not consider any written documents or arguments which have not previously been made a
part of the claim record, other than clarification and data supporting previously submitted documentation. The
arbitrators shall not consider an increase in the amount of the claim, or any new claims.
(c) The arbitrator shall determine the admissibility, relevance, and materiality of any evidence offered. The arbitrator
may request offers of proof and may reject evidence deemed by the arbitrator to be cumulative, unreliable,
unnecessary, or of slight value compared to the time and expense involved. All evidence shall be taken in the
presence of all of the arbitrators and all of the parties, except where: (i) any of the parties is absent, in default, or
has waived the right to be present, or (ii) the parties and the arbitrators agree otherwise.
(d) The arbitrator shall take into account applicable principles of legal privilege, such as those involving the
confidentiality of communications between a lawyer and client.
(e) An arbitrator or other person authorized by law to subpoena witnesses or documents may do so upon the request
of any party or independently.
R-25. Evidence by Affidavit and Post-hearing Filing of Documents or Other Evidence
(a) The arbitrator may receive and consider the evidence of witnesses by declaration or affidavit, but shall give it only
such weight as the arbitrator deems it entitled to after consideration of any objection made to its admission.
(b) If the parties agree or the arbitrator directs that documents or other evidence be submitted to the arbitrator after
the hearing, the documents or other evidence, unless otherwise agreed by the parties and the arbitrator, shall be
filed with the Arbitration Provider for transmission to the arbitrator. All parties shall be afforded an opportunity to
examine and respond to such documents or other evidence.
R-26. Inspection or Investigation
An arbitrator finding it necessary to make an inspection or investigation in connection with the arbitration shall direct
the Arbitration Provider to so advise the parties. The arbitrator shall set the date and time and the Arbitration Provider
shall notify the parties. Any party who so desires may be present at such an inspection or investigation. In the event
that one or all parties are not present at the inspection or investigation, the arbitrator shall make an oral or written
report to the parties and afford them an opportunity to comment.
R-27. Interim Measures
(a) The arbitrator may take whatever interim measures he or she deems necessary, including injunctive relief and
measures for the protection or conservation of property and disposition of perishable goods.
(b) A request for interim measures addressed by a party to a judicial authority shall not be deemed incompatible with
the agreement to arbitrate or a waiver of the right to arbitrate.
R-28. Closing of Hearing
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When satisfied that the presentation of the parties is complete, the arbitrator shall declare the hearing closed.
If documents or responses are to be filed as provided in Section R-24, or if briefs are to be filed, the hearing shall be
declared closed as of the final date set by the arbitrator for the receipt of documents, responses, or briefs. The time
limit within which the arbitrator is required to make the award shall commence to run, in the absence of other
agreements by the parties and the arbitrator, upon the closing of the hearing.
R-29. Reopening of Hearing
The hearing may be reopened on the arbitrator's initiative, or by direction of the arbitrator upon application of a party,
at any time before the award is made. If reopening the hearing would prevent the making of the award within the
specific time agreed to by the parties in the arbitration agreement, the matter may not be reopened unless the parties
agree to an extension of time. When no specific date is fixed by agreement of the parties, the arbitrator shall have 15
calendar days from the closing of the reopened hearing within which to make an award.
R-30. Waiver of Rules
Any party who proceeds with the arbitration after knowledge that any provision or requirement of these rules has not
been complied with and who fails to state an objection in writing shall be deemed to have waived the right to object.
R-31. Extensions of Time
The parties may modify any period of time by mutual agreement. The Arbitration Provider or the arbitrator may for
good cause extend any period of time established by these rules, except the time for making the award. The
Arbitration Provider shall notify the parties of any extension.
R-32. Serving of Notice
(a) Any papers, notices, or process necessary or proper for the initiation or continuation of an arbitration under these
rules; for any court action in connection therewith, or for the entry of judgment on any award made under these
rules, may be served on a party by mail addressed to the party or its representative at the last known address or
by personal service, in or outside the state where the arbitration is to be held, provided that reasonable
opportunity to be heard with regard thereto has been granted to the party.
(b) The Arbitration Provider, the arbitrator and the parties may also use overnight delivery, electronic facsimile
transmission (fax), or electronic mail (email) to give the notices required by these rules.
(c) Unless otherwise instructed by the Arbitration Provider or by the arbitrator, any documents submitted by any party
to the Arbitration Provider or to the arbitrator shall simultaneously be provided to the other party or parties to the
arbitration.
R-33. Majority Decision
When the panel consists of more than one arbitrator, unless required by law or by the arbitration agreement, a
majority of the arbitrators must make all decisions.
R-34. Time of Award
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The award shall be made promptly by the arbitrator and, unless otherwise agreed by the parties or specified by law,
no later than 30 calendar days from the date of closing the hearing, or, if oral hearings have been waived, from the
date of the Arbitration Provider’s transmittal of the final statements and proofs to the arbitrator.
R-35. Form of Award
After complete review of the facts associated with the claim, the arbitrators shall render a written explanation of their
decision. When three arbitrators are used, and only two arbitrators agree then the award shall be signed by the two
arbitrators. The arbitrator's decision shall include:
(a) A summary of the issues and factual evidence presented by the Contractor and the Department concerning the
claim;
(b) Decisions concerning the validity of the claim;
(c) Decisions concerning the value of the claim as to cost impacts if the claim is determined to be valid;
(d) The contractual and factual bases supporting the decisions made including an explanation as to why each and
every position was accepted or rejected;
(e) Detailed and supportable calculations which support any decisions.
R-36. Scope of Award
(a) The arbitrator may grant any remedy or relief that the arbitrator deems just and equitable and within the scope of
the agreement of the parties, including, but not limited to, equitable relief and specific performance of a contract.
(b) In addition to the final award, the arbitrator may make other decisions, including interim, interlocutory, or partial
rulings, orders, and awards. (c) The award of the arbitrator may include interest at the statutory rate and from
such date as the arbitrator may deem appropriate.
R-37. Delivery of Award to Parties
Parties shall accept as notice and delivery of the award the placing of the award or a true copy thereof in the mail
addressed to the parties or their representatives at the last known address, personal or electronic service of the
award, or the filing of the award in any other manner that is permitted by law.
R-38. Modification of Award
Within 10 calendar days after the transmittal of an award, the arbitrator on his or her initiative, or any party, upon
notice to the other parties, may request that the arbitrator correct any clerical, typographical, technical or
computational errors in the award. The arbitrator is not empowered to redetermine the merits of any claim already
decided.
If the modification request is made by a party, the other parties shall be given 10 calendar days to respond to the
request. The arbitrator shall dispose of the request within 25 calendar days after transmittal by the Arbitration Provider
to the arbitrator of the request.
If applicable law provides a different procedural time frame, that procedure shall be followed.
R-39. Appeal of Award
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Appeal of the arbitrators’ decision concerning the merit of the claim is governed by the Colorado Uniform Arbitration
Act, C.R.S. §§ 13-22-202 to -230. Either party may appeal the arbitrator’s decision on the value of the claim to the
Colorado State District Court in and for the City and County of Denver for trial de novo.
R-40. Release of Documents for Judicial Proceedings
The Arbitration Provider shall, upon the written request of a party, furnish to the party, at its expense, certified copies
of any papers in the Arbitration Provider’s possession that may be required in judicial proceedings relating to the
arbitration.
R-41. Applications to Court and Exclusion of Liability
(a) No judicial proceeding by a party relating to the subject matter of the arbitration shall be deemed a waiver of the
party's right to arbitrate.
(b) Neither the Arbitration Provider nor any arbitrator in a proceeding under these rules is a necessary or proper party
in judicial proceedings relating to the arbitration.
(c) Parties to these rules shall be deemed to have consented that judgment upon the arbitration award may be
entered in any federal or state court having jurisdiction thereof.
(d) Parties to an arbitration under these rules shall be deemed to have consented that neither the Arbitration Provider
nor any arbitrator shall be liable to any party in any action for damages or injunctive relief for any act or omission
in connection with any arbitration under these rules.
R-42. Administrative Fees
The Arbitration Provider shall prescribe filing and other administrative fees and service charges to compensate it for
the cost of providing administrative services. The fees in effect when the fee or charge is incurred shall be applicable.
Such fees and charges shall be borne equally by the parties.
The Arbitration Provider may, in the event of extreme hardship on the part of any party, defer or reduce the
administrative fees.
R-43. Expenses
The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of
the arbitration, including required travel and other expenses of the arbitrator, Arbitration Provider representatives, and
any witness and the cost of any proof produced at the direct request of the arbitrator, shall be borne equally by the
parties.
R-44. Neutral Arbitrator's Compensation
Arbitrators shall be compensated a rate consistent with the arbitrator's stated rate of compensation.
If there is disagreement concerning the terms of compensation, an appropriate rate shall be established with the
arbitrator by the Arbitration Provider and confirmed to the parties.
Such compensation shall be borne equally by the parties.
R-45. Deposits
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The Arbitration Provider may require the parties to deposit in advance of any hearings such sums of money as it
deems necessary to cover the expense of the arbitration, including the arbitrator's fee, if any, and shall render an
accounting to the parties and return any unexpended balance at the conclusion of the case.
R-46. Interpretation and Application of Rules
The arbitrator shall interpret and apply these rules insofar as they relate to the arbitrator's powers and duties by a
majority vote. If that is not possible, either an arbitrator or a party may refer the question to the Arbitration Provider for
final decision. All other rules shall be interpreted and applied by the Arbitration Provider.
R-45. Suspension for Nonpayment
If arbitrator compensation or administrative charges have not been paid in full, the Arbitration Provider may so inform
the parties in order that the parties may advance the required payment. If such payments are not made, the arbitrator
may order the suspension or termination of the proceedings. If no arbitrator has yet been appointed, the Arbitration
Provider may suspend the proceedings.
FAST TRACK PROCEDURES
F-1. Limitations on Extensions
In the absence of extraordinary circumstances, the Arbitration Provider or the arbitrator may grant a party no more
than one seven-day extension of the time in which to respond to the demand for arbitration or counterclaim as
provided in Section R-3.
F-2. Changes of Claim
The arbitrator will not consider any information that was not previously made a part of the claim record as transmitted
by the Chief Engineer, other than clarification and data supporting previously submitted documentation
F-3. Serving of Notice
In addition to notice provided above, the parties shall also accept notice by telephone. Telephonic notices by the
Arbitration Provider shall subsequently be confirmed in writing to the parties. Should there be a failure to confirm in
writing any such oral notice, the proceeding shall nevertheless be valid if notice has, in fact, been given by telephone.
F-4. Appointment and Qualification of Arbitrator
Immediately after the retention of the Arbitration Provider, the Arbitration Provider will simultaneously submit to each
party a listing and biographical information from its panel of arbitrators knowledgeable in construction who are
available for service in Fast Track cases. The parties are encouraged to agree to an arbitrator from this list, and to
advise the Arbitration Provider of their agreement, or any factual objections to any of the listed arbitrators, within 7
calendar days of the transmission of the list. The Arbitration Provider will appoint the agreed-upon arbitrator, or in the
event the parties cannot agree on an arbitrator, will designate the arbitrator from among those names not stricken for
factual objections.
The parties will be given notice by the Arbitration Provider of the appointment of the arbitrator, who shall be subject to
disqualification for the reasons specified above. Within the time period established by the Arbitration Provider, the
parties shall notify the Arbitration Provider of any objection to the arbitrator appointed. Any objection by a party to the
arbitrator shall be for cause and shall be confirmed in writing to the Arbitration Provider with a copy to the other party
or parties.
F-5. Preliminary Telephone Conference
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Unless otherwise agreed by the parties and the arbitrator, as promptly as practicable after the appointment of the
arbitrator, a preliminary telephone conference shall be held among the parties or their attorneys or representatives,
and the arbitrator.
F-6. Exchange of Exhibits
At least 2 business days prior to the hearing, the parties shall exchange copies of all exhibits they intend to submit at
the hearing. The arbitrator is authorized to resolve any disputes concerning the exchange of exhibits.
F-7. Discovery
There shall be no discovery, except as provided in Section F-4 or as ordered by the arbitrator in extraordinary cases
when the demands of justice require it.
F-8. Date, Time, and Place of Hearing
The arbitrator shall set the date and time, and place of the hearing, to be scheduled to take place within 30 calendar
days of confirmation of the arbitrator's appointment. The Arbitration Provider will notify the parties in advance of the
hearing date. All hearings shall be held within the City and County of Denver.
F-9. The Hearing
(a) Generally, the hearing shall not exceed 1 day. Each party shall have equal opportunity to submit its proofs and
complete its case. The arbitrator shall determine the order of the hearing, and may require further submission of
documents within two business days after the hearing. For good cause shown, the arbitrator may schedule 1
additional hearing day within 7 business days after the initial day of hearing.
(b) Generally, there will be no stenographic record. Any party desiring a stenographic record may arrange for one
pursuant to the provisions above.
F-10. Time of Award
Unless otherwise agreed by the parties, the award shall be rendered not later than 14 calendar days from the date of
the closing of the hearing or, if oral hearings have been waived, from the date of the Arbitration Provider’s transmittal
of the final statements and proofs to the arbitrator.
F-11. Time Standards
The arbitration shall be completed by settlement or award within 60 calendar days of confirmation of the arbitrator's
appointment, unless all parties and the arbitrator agree otherwise or the arbitrator extends this time in extraordinary
cases when the demands of justice require it.
F-12. Arbitrator's Compensation
Arbitrators will receive compensation at a rate to be suggested by the Arbitration Provider regional office.
PROCEDURES FOR LARGE, COMPLEX CONSTRUCTION DISPUTES
L-1. Large, Complex Construction Disputes
The procedures for large, complex construction disputes shall apply to any claim with a value exceeding $500,000 or
as agreed to by the parties.
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L-2. Administrative Conference
Prior to the dissemination of a list of potential arbitrators, the Arbitration Provider shall, unless the parties agree
otherwise, conduct an administrative conference with the parties and/or their attorneys or other representatives by
conference call. The conference call will take place within 14 days after the retention of the Arbitration Provider. In the
event the parties are unable to agree on a mutually acceptable time for the conference, the Arbitration Provider may
contact the parties individually to discuss the issues contemplated herein. Such administrative conference shall be
conducted for the following purposes and for such additional purposed as the parties or the Arbitration Provider may
deem appropriate:
(a) To obtain additional information about the nature and magnitude of the dispute and the anticipated length of
hearing and scheduling;
(b) To discuss the views of the parties about the technical and other qualifications of the arbitrators;
(c) To obtain conflicts statements from the parties; and
(d) To consider, with the parties, whether mediation or other non-adjudicative methods of dispute resolution might be
appropriate.
L-3. Arbitrators
(a) Large, Complex Construction Cases shall be heard and determined by three arbitrators.
(b) The Arbitration Provider shall appoint arbitrator(s) in the manner provided in the Regular Construction Industry
Arbitration Rules.
L-4. Preliminary Hearing
As promptly as practicable after the selection of the arbitrator(s), a preliminary hearing shall be held among the parties
and/or their attorneys or other representatives and the arbitrator(s). Unless the parties agree otherwise, the
preliminary hearing will be conducted by telephone conference call rather than in person.
At the preliminary hearing the matters to be considered shall include, without limitation:
(a) Service of a detailed statement of claims, damages and defenses, a statement of the issues asserted by each
party and positions with respect thereto, and any legal authorities the parties may wish to bring to the attention of
the arbitrator(s);
(b) Stipulations to uncontested facts;
(c) The extent to which discovery shall be conducted;
(d) Exchange and premarking of those documents which each party believes may be offered at the hearing;
(e) The identification and availability of witnesses, including experts, and such matters with respect to witnesses
including their biographies and expected testimony as may be appropriate;
(f) Whether, and the extent to which, any sworn statements and/or depositions may be introduced;
(g) The extent to which hearings will proceed on consecutive days;
(h) Whether a stenographic or other official record of the proceedings shall be maintained;
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(i) The possibility of utilizing mediation or other non-adjudicative methods of dispute resolution; and
(j) The procedure for the issuance of subpoenas.
By agreement of the parties and/or order of the arbitrator(s), the pre-hearing activities and the hearing procedures that
will govern the arbitration will be memorialized in a Scheduling and Procedure Order.
L-5. Management of Proceedings
(a) Arbitrator(s) shall take such steps as they may deem necessary or desirable to avoid delay and to achieve a just,
speedy and cost-effective resolution of Large, Complex Construction Cases.
(b) Parties shall cooperate in the exchange of documents, exhibits and information within such party's control if the
arbitrator(s) consider such production to be consistent with the goal of achieving a just, speedy and cost effective
resolution of a Large, Complex Construction Case.
(c) The parties may conduct such discovery as may be agreed to by all the parties provided, however, that the
arbitrator(s) may place such limitations on the conduct of such discovery as the arbitrator(s) shall deem
appropriate. If the parties cannot agree on production of document and other information, the arbitrator(s),
consistent with the expedited nature of arbitration, may establish the extent of the discovery.
(d) At the discretion of the arbitrator(s), upon good cause shown and consistent with the expedited nature of
arbitration, the arbitrator(s) may order depositions of, or the propounding of interrogatories to such persons who
may possess information determined by the arbitrator(s) to be necessary to a determination of the matter.
(e) The parties shall exchange copies of all exhibits they intend to submit at the hearing 10 business days prior to the
hearing unless the arbitrator(s) determine otherwise.
(f) The exchange of information pursuant to this rule, as agreed by the parties and/or directed by the arbitrator(s),
shall be included within the Scheduling and Procedure Order.
(g) The arbitrator is authorized to resolve any disputes concerning the exchange of information.
(h) Generally hearings will be scheduled on consecutive days or in blocks of consecutive days in order to maximize
efficiency and minimize costs.
The following flow chart provides a summary of the disputes and claims process described in subsections 105.22,
105.23, and 105.24
Contractor provides written notice of dispute to Project Engineer
Contractor provides written REA including the following:
(1) Date of dispute
(2) Nature of order and circumstances causing dispute
(3) Contract provisions supporting dispute
(4) Estimated cost of dispute with supporting documentation
(5) Analysis of progress schedule and disruption, if any
Adjustment of
payment/schedule in
consultation with
Program Engineer -
Dispute is resolved
Dispute is
unresolved
Proj Eng/Res Eng & Supt/PM & Contractor’s rep with decision authority above the
project level to meet regularly to discuss dispute
PE denies merit of dispute
DRB agreement signed
PE determines dispute has merit
DRB renders a recommendation
Either party rejects DRB recommendation DRB recommendation is accepted
Up to 30 days – 105.22
105.22 Project Issue – Verbal discussions between Proj. Eng. and Supt.
Impass
15 Days – 105.22
CDOT Project Engineer and Contractor discuss merit of dispute
15 Days – 105.22
Merit granted –
Quantum negotiations
30 Days – 105.22 (c)
10 days –
30 days – 105.23
DRB Hearing
14 days – 105.23
Figure 105-1
DISPUTES AND CLAIMS FLOW CHART
Contractor rejects PE’s denial. Contractor
provides written notice to RE.
Contractor accepts denial.
Dispute is resolved.
7 days – 105.22
7 days – 105.22
20 days – 105.23
5 Days –
105.23
7 days – 105.22
Figure 105-1 continued on next page
Prehearing Submittal
15 days – 105.23
(e)
Request for Clarification and Reconsideration
Disagree on quantum
105.23(a) Proj Eng
initiates DRB process
30/ 45
days –
Contractor rejects CE decision Contractor accepts CE decision Decision is implemented
Adjustment of
payment/schedule in
consultation with
Program Engineer -
Dispute is resolved
Optional Mediation
Dispute is unresolved Dispute is resolved
Contractor initiates Resolution is implemented
Binding Arbitration or Litigation
(Whichever was selected at Contract execution)
Litigation
Court Decision
Binding Arbitration
Arbitrator(s) render recommendation
Appeal process only for damages
Chief Engineer
renders decision
45 days –
105.24
(e)
Either party rejects DRB recommendation
Decision is implemented
Contractor submits certified claim package w/RTD (and Audit Unit if over $250K)
Contractor rejects and
appeals RTD decision to CE
Contractor accepts decision
30 days –
60 days –
60 days –
105.24 Notice of intent to file a claim
30 days –
Figure 105-1 (continued)
Request for hearing
RTD renders a decision
15 days
105.24
60 days
105.24
30 days –
February 3, 2011
REVISION OF SECTION 106
CERTIFICATES OF COMPLIANCE AND
CERTIFIED TEST REPORTS
Section 106 of the Standard Specifications is hereby revised for this project as follows:
In subsection 106.12, delete the second paragraph and replace it with the following:
The original Certificate of Compliance shall include the Contractor’s original signature as directed above. The original
signature (including corporate title) on the Certificate of Compliance, under penalty of perjury, shall be of a person
having legal authority to act for the manufacturer. It shall state that the product or assembly to be incorporated into the
project has been sampled and passed all specified tests in conformity to the plans and specifications for this project.
One legible copy of the fully signed Certificate of Compliance shall be furnished to the Engineer prior to installation of
material. The original shall be provided to the Engineer before payment for the represented item will be made.
In subsection 106.13, delete the second paragraph and replace it with the following:
The Certified Test Report shall be a legible copy or an original document and shall include the Contractor’s original
signature as directed above. The signature (including corporate title) on the Certified Test Report, under penalty of
perjury, shall be of a person having legal authority to act for the manufacturer or the independent testing laboratory. It
shall state that the test results show that the product or assembly to be incorporated into the project has been
sampled and passed all specified tests in conformity to the plans and specifications for this project. One legible copy
or original document of the fully signed Certified Test Report shall be furnished to the Engineer prior to installation of
material. Failure to comply may result in delays to the project or rejection of the materials.
May 2, 2013
REVISION OF SECTION 107
PROJECT PAYROLLS
Section 107 of the Standard Specifications is hereby revised for this project as follows:
Subsection 107.01 shall include the following:
As related to the Form FHWA 1273, Required Contract Provisions Federal-Aid Construction Contracts, the Contractor
shall check all Contractor and subcontractor project payrolls regarding accuracy of pay classification, pay hours, and
pay rates. The Contractor shall sign and date all payrolls signifying this check has been performed.
February 3, 2011
REVISION OF SECTION 107
RESPONSIBILITY FOR DAMAGE CLAIMS,
INSURANCE TYPES AND COVERAGE LIMITS
Section 107 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 107.15(c) and replace it with the following:
(c) Each insurance policy shall include provisions preventing cancellation or non-renewal without at least 30 days
prior notice to Contractor. The Contractor shall forward to the Engineer any such notice received within seven
days of the Contractor’s receipt of such notice.
May 2, 2013
1
REVISION OF SECTIONS 107 and 208
WATER QUALITY CONTROL
UNDER ONE ACRE OF DISTURBANCE
Sections 107, 208, are hereby revised for this project as follows:
In subsection 107.25(b)6 delete the second paragraph and replace it with the following:
The Contractor shall record the location of potential pollutants on the plans. Descriptions of the potential pollutants
shall be submitted to and approved by the Engineer.
In subsection 208.03 delete the first paragraph and replace it with the following:
Prior to construction the Contractor shall implement BMPs in accordance with the approved project schedule as
described in subsection in 208.03(b).
In subsection 208.03 delete the third, fourth, and fifth paragraphs and replace them with the following:
The Contractor shall evaluate all non-stormwater coming onto the site, such as springs, seeps, and landscape
irrigation return flow. If such flow is identified, BMPs shall be used to protect off-site water from becoming
contaminated with sediment or other pollutants.
The Contractor shall review existing inlets and culverts to determine if inlet protection is needed due to water flow
patterns. Prior to beginning construction, inlets and culverts needing protection shall be protected and the location of
the implemented BMP added to the plans.
When additional BMPs are required and approved by the Engineer, the Contractor shall implement the additional
BMPs and shall record and describe them on the plans. The approved BMPs will be measured and paid for in
accordance with subsections 208.11 and 208.12.
Delete subsections 208.03(c) and (d) and replace them with the following:
(c) Implementation, Maintenance and Revision of the SWMP.
The Contractor's responsibilities shall be as follows:
(1) Install, construct, and maintain all BMPs specified in the Contract and coordinate the construction of BMPs
with all other construction operations.
(2) Implement suitable temporary erosion and sediment control features as necessary to correct unforeseen
conditions or emergency situations. Dismantle those features when their purpose has been fulfilled unless
the Engineer directs that the features be left in place.
(3) Implement necessary actions to reduce anticipated or presently existing water quality or erosion problems
resulting from construction activities.
(4) Make available, all labor, material, and equipment needed to install, maintain, and remove BMPs.
(5) When included in the Contract, the Contractor shall assign to the project an individual to serve in the
capacity of Erosion Control Supervisor (ECS). The ECS may be the Superintendent. The ECS shall be
experienced in all aspects of construction and have satisfactorily completed an ECS training program
authorized by the Department. Proof that this requirement has been met shall be submitted to the Engineer
prior to or at the preconstruction conference. A list of authorized ECS training programs will be provided by
the Engineer upon request by the Contractor. The ECS shall be the person responsible for ensuring that the
responsibilities listed in (1) through (4) above are fulfilled
(d) Documentation Available on the Project. The following Contract documents and references will be made available
for reference in one location on the project during construction.
1. Project Documents. The following documents shall be kept, maintained, and updated in a single notebook:
(1) SWMP Sheets
(2) SWMP site map, if applicable to the project.
(3) Details of BMPs used on the project not covered in Standard Plan M-208-1.
(4) List of potential pollutants as described in subsection 107.25.
(5) SPCC and reports of reportable spills submitted to CDPHE.
(6) Form 105s and all other correspondence relating to water quality.
(7) Project environmental permits and associated applications and certifications.
May 2, 2013
2
REVISION OF SECTIONS 107 and 208
WATER QUALITY CONTROL
UNDER ONE ACRE OF DISTURBANCE
2. Reference Materials
(1) CDOT Erosion Control and Stormwater Quality Guide.
(2) CDOT Erosion Control and Stormwater Quality Field Guide.
(3) Copy of biological opinion, if applicable.
In subsection 208.04 delete the first and second paragraphs and replace them with the following:
The Contractor shall modify the SWMP to clearly describe and locate all BMPs implemented at the site to control
potential sediment discharges from vehicle tracking.
Vehicle tracking pads shall be used at all vehicle and equipment access points to the site to prevent sediment exiting
the project site onto paved public roads. Access shall be provided only at locations approved by the Engineer.
Delete subsection 208.04(e) and replace it with the following:
(e) Stabilization. Once earthwork has begun on a section, it shall be pursued until completion.
Clearing and grubbing operations shall be scheduled and performed so that grading operations and final
stabilization measures can follow immediately thereafter if the project conditions permit. Otherwise temporary
stabilization measures shall be taken between successive construction stages. Additional work required because
the Contractor has failed to properly coordinate the entire erosion control schedule, thus causing previously
seeded areas to be disturbed by operations that could have been performed prior to the seeding shall be
performed at the Contractor's expense.
In subsection 208.06 delete the first paragraph and replace it with the following:
The Contractor shall clearly describe and record on the SWMP, all practices implemented at the site to minimize
impacts from procedures or significant material that could contribute pollutants to runoff. Areas or procedures where
potential spills can occur shall have spill contingency plans in place as specified in subsections 107.25(b)6 or
208.06(c).
In subsection 208.07 delete the second paragraph and replace it with the following:
Erodible stockpiles (including topsoil) shall be contained with acceptable BMPs at the toe (or within 20 feet of the toe)
throughout construction. BMPs shall be approved by the Engineer.
In subsection 208.08, delete the first paragraph and replace it with the following:
The Contractor shall limit construction activities to those areas within the limits of disturbance shown on the plans and
cross-sections. Construction activities, in addition to the Contract work, shall include the on-site parking of vehicles or
equipment, on-site staging, on-site batch plants, haul roads or work access, and all other action which would disturb
existing conditions. Off road staging areas must be pre-approved by the Engineer, unless otherwise designated in the
Contract. Construction activities beyond the limits of disturbance due to Contractor negligence shall be restored to
the original condition by the Contractor at the Contractor’s expense. The Contractor shall tabulate additional
disturbances not identified in the SWMP and indicate locations and quantities on the SWMP and report to the
Engineer.
In subsection 208.09, second paragraph, delete the list and replace it with the following:
(1) Failure to include erosion control in the project schedule or failure to include erosion control in each schedule
update as specified in subsection 208.03(b).
(2) Failure of the Contractor to implement necessary actions required by the Engineer as required by subsection
208.03(c).
(3) Failure to amend SWMP and implement BMPs as required by subsection 208.04.
(4) Failure to keep documentation and records current.
(5) Failure to construct or implement erosion control or spill containment measures required by the Contract, or
failure to construct or implement them in accordance with the Contractor’s approved schedule as required by
subsection 208.06(c).
May 2, 2013
3
REVISION OF SECTIONS 107 and 208
WATER QUALITY CONTROL
UNDER ONE ACRE OF DISTURBANCE
(6) Failure to stabilize disturbed areas as required by subsections 208.04(e) and 208.08.
(7) Failure to replace or perform maintenance on an erosion control feature after notice from the Engineer to
replace or perform maintenance as required by subsection 208.04(f).
(8) Failure to remove and dispose of sediment from BMPs as required.
(9) Failure to install and properly utilize a concrete washout structure for containing washout from concrete
placement operations.
(10) Failure to perform permanent stabilization as required by subsection 208.04 (e).
In subsection 208.09 delete the third paragraph and replace it with the following:
The Engineer will immediately notify the Contractor in writing of each incident of failure to perform erosion control in
accordance with the Specifications, including, but not limited to items (1) through (10) above. Correction shall be
made as soon as possible but no later than 48 hrs from the date of notification to correct the failure. The Contractor
will be charged liquidated damages in the amount of $875 for each calendar day after the 48 hour period has expired,
that one or more of the incidents of failure to perform items (1) through (10) above, remains uncorrected.
In subsection 208.09 delete the eighth and ninth paragraphs and replace them with the following:
Disagreements regarding the suggested corrective action for a BMP compliance issue between the Project Engineer
and Superintendent, shall be discussed with the Resident Engineer and Region Water Pollution Control Manager. If
after meeting the Contractor is still in disagreement and feels that additional compensation is owed, the Contractor will
follow the decision of the Project Engineer, keep track of the costs and negotiate further with the Project Engineer. If
after pursuing the issue, the Contractor is unable to reach agreement with the Project Engineer, then the Contractor
can follow the dispute process outlined in subsection 105.22.
If the Contractor’s corrective action plan and schedule are not submitted and approved within 48 hours of the Stop
Work Order or the corrective action plan is not implemented by the Contractor, the Engineer will have an on-site
meeting with the Superintendent and the Superintendent’s supervisor. This meeting will also be attended by the
Resident Engineer, the Region Water Pollution Control Manager, and the Region Program Engineer. This meeting will
identify and document needed corrective actions and a schedule for completion. If after the meeting, the
unacceptable work is not remedied within the schedule as agreed to in the meeting, the Engineer will take action to
effect compliance with the Contract by utilizing CDOT Maintenance personnel or other non-Contractor forces and
deduct the cost from any moneys due or to become due to the Contractor pursuant to subsection 105.16. Delays due
to these Stop Work Orders shall be considered nonexcusable. The Stop work Order shall be in place until the project
is in Contract compliance.
Delete subsection 208.10 and replace it with the following:
208.10 Items to Be Accomplished Prior to Final Acceptance.
(a) Reclamation of Washout Areas. After concrete operations are complete, washout areas shall be reclaimed in
accordance with subsection 208.05(n) at the Contractor’s expense.
(b) Survey. The Contractor shall survey Permanent Water Quality BMPs (Permanent BMPs) on the project after they
are constructed and confirm they are at final configuration and grade. The Engineer will identify which Permanent
BMPs shall be surveyed prior to the final walk through. The survey shall be performed in accordance with Section
625.
(c) Removal of Temporary BMPs. Temporary BMPs subject to removal shall be determined by the Engineer at a final
walk through of the project and shall be removed by the Contractor. If any BMPs are left in place, the Region’s
Water Pollution Control Manager shall be notified of the BMP locations.
August 19, 2011
REVISION OF SECTION 108
CRITICAL PATH METHOD
Section 108 of the Standard Specifications is hereby revised for this project as follows:
Subsection 108.03 shall include the following:
The Bar Chart or Initial Schedule shall be submitted at least 10 working days prior to the start of the work. The
Engineer’s review of the Schedule will not exceed two working days. Work shall not begin until the Schedule is
accepted in writing, unless otherwise approved by the Engineer
In subsection 108.03 (c), delete the third paragraph.
May 2, 2013
REVISION OF SECTION 108
LIQUIDATED DAMAGES
Section 108 of the Standard Specifications is hereby revised for this project as follows:
In subsection 108.09 delete the schedule of liquidated damages and replace with the following:
Original Contract Amount ($) Liquidated Damages per Calendar Day ($)
From More Than To And Including
0 250,000 400
250,000 500,000 700
500,000 1,000,000 1,100
1,000,000 2,000,000 1,600
2,000,000 4,000,000 2,500
4,000,000 10,000,000 3,300
10,000,000
---------------
3,300 plus 200 Per Each Additional 1,000,000
Contract Amount or Part Thereof Over
10,000,000
January 31, 2013
REVISION OF SECTION 108
SUBLETTING OF CONTRACT
Section 108 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 108.01 and replace with the following:
108.01 Subletting of Contract. The Contractor shall not sublet, sell, transfer, assign, or dispose of the Contract or
Contracts, or any portion thereof without written permission of the Engineer. Prior to beginning any work by
subcontractor, the Contractor shall request permission from the Engineer by submitting a completed Sublet Permit
Application, CDOT Form No. 205. The subcontract work shall not begin until the Contractor has received the
Engineer’s written permission. The Contractor shall make all project related written subcontracts, agreements, and
purchase orders available to the Engineer for viewing, upon request and at a location convenient to the Engineer.
The Contractor will be permitted to sublet a portion of the Contract, however, the Contractor’s organization shall
perform work amounting to 30 percent or more of the total original contract amount. Any items designated in the
contract as “specialty items” may be performed by subcontract. The cost of “specialty items” so performed by
subcontract may be deducted from the total original contract amount before computing the amount of work required to
be performed by the Contractor’s own organization. The original contract amount includes the cost of material and
manufactured products which are to be purchased or produced by the Contractor and the actual agreement amounts
between the Contractor and a subcontractor. Proportional value of a subcontracted partial contract item will be verified
by the Engineer. When a firm both sells material to a prime contractor and performs the work of incorporating the
materials into the project, these two phases shall be considered in combination and as constituting a single
subcontract.
The calculation of the percentage of subcontracted work shall be based on subcontract unit prices.
Subcontracts or transfer of Contract shall not release the Contractor of liability under the Contract and Bond.
May 5, 2011
REVISION OF SECTION 109
COMPENSATION FOR COMPENSABLE DELAYS
In subsection 109.10, delete the first two paragraphs and replace with the following:
109.10 Compensation for Compensable Delays. If the Engineer determines that a delay is compensable in
accordance with either subsection 105.22, 105.23, 105.24, or 108.08, monetary compensation will be determined in
accordance with this subsection.
(a) These categories represent the only costs that are recoverable by the Contractor. All other costs or categories of
costs are not recoverable:
(1) Actual wages and benefits, including FICA, paid for additional labor not otherwise included in (5) below;
(2) Costs for additional bond, insurance and tax;
(3) Increased costs for materials;
(4) Equipment costs calculated in accordance with subsection 109.04(c) for Contractor owned equipment and
based on invoice costs for rented equipment;
(5) Costs of extended job site overhead;
(6) Costs of salaried employees not otherwise included in (1) or (5) above incurred as a direct result of the delay;
(7) Claims from subcontractors and suppliers at any level (the same level of detail as specified herein is required
for all such claims);
(8) An additional 16 percent will be added to the total of items (1) through (7) as compensation for items for which
no specific allowance is provided, including profit and home office overhead.
February 3, 2011
1
REVISION OF SECTION 109
FUEL COST ADJUSTMENT
Section 109 of the Standard Specifications is hereby revised for this project as follows:
Subsection 109.06 shall include the following:
(h) Fuel Cost Adjustments. Contract cost adjustments will be made to reflect increases or decreases in the monthly
average prices of gasoline, diesel and other fuels from the average price for the month preceding the month in
which bids were received for the Contract. These cost adjustments are not changes to the Contract unit prices
bid. When bidding, the Contractor shall specify on the Form 85 whether the cost adjustment will apply to the
Contract. After bids are submitted, the Contractor will not be given any other opportunity to accept or reject this
adjustment. If the Contractor fails to indicate a choice on the Form 85, the cost adjustment will not apply to the
Contract. If the fuel cost adjustment is accepted by the Contractor, the adjustment will be made in accordance
with the following criteria:
1. Cost adjustments will be based on the fuel price index established by the Department and calculated as
shown in subsection 109.06(h)2.D below. The index will be the monthly average of the rates posted by the
Oil Price Information Service (OPIS) for Denver No. 2 Diesel. The rate used will be the OPIS Average taken
from the OPIS Standard Rack table for Ultra-Low Sulfur w/Lubricity Gross Prices (ULS column), expressed in
dollars per gallon and rounded to two decimal places.
2. Cost adjustments will be made on a monthly basis subject to the following conditions:
A. Adjustment will be based on the pay quantities on the monthly partial pay estimate for each of the pay
items listed in the table below for which fuel factors have been established. Adjustment will be made only
when the pay item is measured by the pay unit specified in the table:
Item Pay Unit Fuel Factor (FF)
202-Removal of Asphalt Mat (Planing) Square Yard 0.006 Gal/SY/Inch depth
203-Excavation (muck, unclassified) Embankment,
Borrow
Cubic Yard 0.29 Gal/CY
203-Rock Excavation Cubic Yard 0.39 Gal/CY
206-Structure Excavation and Backfill [applies only
to quantities paid for by separate bid item; no
adjustment will be made for pay items that include
structure excavation & backfill, such as RCP(CIP)]
Cubic Yard 0.29 Gal/CY
304-Aggregate Base Course (Class___) Cubic Yard 0.85 Gal/CY
304-Aggregate Base Course (Class___) Ton 0.47 Gal./Ton
307-Processing Lime Treated Subgrade Square Yard 0.12 Gal/SY
310-Full Depth Reclamation Square Yard 0.06 Gal/SY
403-Hot Mix Asphalt (HMA) (Grading __) * Ton 2.47 Gal/Ton
403-Stone Matrix Asphalt (Grading __) Ton 2.47 Gal/Ton
405-Heating and Scarifying Treatment Square Yard 0.44 Gal/SY
405-Heating and Repaving Treatment Square Yard 0.44 Gal/SY
405-Heating and Remixing Treatment Square Yard 0.44 Gal/SY
406-Cold Bituminous Pavement (Recycle) Square Yard 0.01 Gal/SY/Inch depth
412- Concrete Pavement (___Inch) Square Yard 0.03 Gal/SY/Inch thickness
412-Place Concrete Pavement** Square Yard 0.03 Gal/SY/Inch thickness
*Hot Mix Asphalt (Patching) is not subject to fuel cost adjustment.
**Use the thickness shown on the plans.
February 3, 2011
2
REVISION OF SECTION 109
FUEL COST ADJUSTMENT
B. A fuel cost adjustment will be made only when the current fuel price index varies by more than 5 percent
from the price index at the time of bid, and only for that portion of the variance in excess of 5 percent.
Fuel cost adjustments may be either positive or negative dollar amounts.
C. Fuel cost adjustments will not be made for any partial estimate falling wholly after the expiration of
contract time.
D. Adjustment formula:
EP greater than BP:
FA = (EP – 1.05 BP)(Q)(FF)
EP less than BP:
FA = (EP – 0.95 BP)(Q)(FF)
Where:
BP = Average fuel price index for the calendar month prior to the calendar month in which bids are
opened
EP = Average fuel price index for the calendar month prior to the calendar month in which the
partial estimate pay period ends
FA = Adjustment for fuel costs in dollars
FF = Fuel usage factor for the pay item
Q = Pay quantity for the pay item on the monthly partial pay estimate
Note: When the pay item is based on area, and the rate of fuel use varies with thickness, Q should
be determined by multiplying the area by the thickness. For example: for 1000 square yards
of 8-inch concrete pavement Q should be 8000.
Example: Bids are opened on July 16. The BP will be the average of the daily postings for June 1
through June 30. For an estimate cut-off date selected by the Contractor at the Pre-
Construction Conference of the 20th of the month a February estimate will include HMA
quantities (Q) measured from the 21st of January through the 20th of February, the FF will be
2.47 Gal/Ton, and the EP index used to calculate FA will be the average of the daily postings
for January 1 through January 31 as established by CDOT.
E. Fuel cost adjustment will not be made for the quantity of any item that is left in place at no pay.
F. Fuel cost adjustments will not be made to items of work added to the Contract by Change Order after the
award of the Contract.
The fuel cost adjustment will be the sum of the individual adjustments for each of the pay items shown. No
adjustment will be made for fuel costs on items other than those shown. The factors shown are aggregate
adjustments for all types of fuels used, including but not limited to gasoline, diesel, propane, and burner fuel. No
additional adjustments will be made for any other type of fuel.
Fuel cost adjustments resulting in an increased payment to the Contractor will be paid for under the planned force
account item: Fuel Cost Adjustment. Fuel cost adjustments resulting in a decreased payment to the Contractor
will be deducted from monies owed the Contractor.
February 3, 2011
REVISION OF SECTION 109
MEASUREMENT OF QUANTITIES
Section 109 of the Standard Specifications is hereby revised for this project as follows:
In subsection 109.01, delete the 17th paragraph and replace it with the following:
Vehicles used to haul material being paid for by weight shall bear a plainly legible identification mark. Each of these
vehicles shall be weighed empty daily at times directed by the Engineer. The Contractor shall furnish to the Engineer,
in writing, a vehicle identification sheet that lists the following for each delivery vehicle to be used on the project:
(1) identification mark
(2) vehicle length
(3) tare weight
(4) number of axles
(5) the distance between extreme axles
(6) information related to legal weight, including the Permit No. and permitted weight of each vehicle for which the
State has issued an overweight permit.
This information shall be furnished prior to time of delivery of the material and at any subsequent time the Contractor
changes vehicles, combination vehicles, axle length relationships, or overweight permitting of vehicles.
January 6, 2012
REVISION OF SECTION 109
MEASUREMENT OF WATER
Section 109 of the Standard Specifications is hereby revised for this project as follows:
In subsection 109.01, delete the twenty-sixth paragraph and replace with the following:
Water may be measured either by volume or weight. Water meters shall be accurate within a range of ± 3 percent.
When water is metered, the Contractor shall use an approved metering device and shall furnish the Engineer a
certificate showing the meter has been accurately calibrated within the time allowed in the following schedule:
2 inch 4 years
4 inch to 6 inch 2 years
8 inch to 10 inch 1 year
January 31, 2013
REVISION OF SECTION 109
PROMPT PAYMENT
Section 109 of the Standard Specifications is hereby revised to include the following:
Subsection 109.06 (e) shall include the following:
The Contractor shall submit the Form 1418, Monthly Payment Report, along with the project schedule updates, in
accordance with subsections 108.03 (b) or 108.03 (c) (3). Failure to submit a complete and accurate Form 1418 shall
be grounds for CDOT to withhold subsequent payments or retainage to the Contractor.
July 19, 2012
REVISION OF SECTION 250
ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT
Section 250 of the Standard Specifications is hereby revised for this project as follows:
In subsection 250.03, delete the second and third paragraphs and replace with the following:
This project may be in the vicinity of property associated with petroleum products, heavy metal based paint, landfill,
buried foundations, abandoned utility lines, industrial area or other sites which can yield hazardous substances or
produce dangerous gases. These hazardous substances or gases can migrate within or into the construction area
and could create hazardous conditions. The Contractor shall use appropriate methods to reduce and control known
landfill, industrial gases, and visible emissions from asbestos encounters and hazardous substances which exist or
migrate into the construction area. The Contractor shall follow CDOT’s Asbestos-Contaminated Soil Management
Standard Operating Procedure, dated August 22, 2011 for proper handling of asbestos-contaminated soil, and follow
all applicable Solid and Hazardous Waste Regulations for proper handling of soils encountered that contain any other
substance mentioned above.
Encountering suspected contaminated material, including groundwater, old foundations, building materials, demolition
debris, or utility lines that may contain asbestos or be contaminated by asbestos, is possible at some point during the
construction of this project. When suspected contaminated material, including groundwater, is encountered or brought
to the surface, the procedures under subsection 250.03(d) shall be followed.
In subsection 250.07 delete, (d) and replace with the following:
(d) CDOT’s Asbestos-Contaminated Soil Management Standard Operating Procedure, dated August 22, 2011.
Asbestos contaminated soil shall be managed in accordance with 6 CCR 1007-2, Section 5, Asbestos Waste
Management Regulations. Regulations apply only upon discovery of asbestos materials during excavation and
soil disturbing activities on construction projects, or when asbestos encounters are expected during construction.
The contractor shall comply with procedures detailed in the CDPHE’s Asbestos-Contaminated Soil Guidance
Document and CDOT’s approved Asbestos-Contaminated Soil Management Standard Operating Procedure,
dated August 22, 2011, including the following minimum requirements:
(1) Immediate actions and implementation of interim controls to prevent visible emissions, exposure, and
asbestos contamination in surrounding areas.
(2) Soil Characterization.
(3) Training required for all personnel involved in excavation and other soil disturbing activities, once asbestos is
encountered during construction or on projects where asbestos encounters are expected. Training must be
given by a Certified Asbestos Inspector or Certified Asbestos Abatement Designer with a minimum of six
months experience inspecting asbestos contaminated soil.
(4) Assessment for the presence and extent, within the proposed area of disturbance, of asbestos discoveries,
whether expected or unexpected, by a Certified Asbestos Inspector.
(5) Investigation and sampling required for risk assessment and management. Investigation, if required, shall be
conducted by a Certified Asbestos Inspector.
(6) Risk assessment and determinations for further management or abatement.
(i) Risk assessment and determinations must be made by a Certified Asbestos Inspector, and coordinated
with the Engineer.
(ii) Soil remediation is not necessarily required, depending on the circumstances.
(7) Submit 24-hour Notification of Unplanned Asbestos Discovery.
(8) Submit 10-day Notification of Planned Asbestos Management.
February 3, 2011
REVISION OF SECTION 601
CONCRETE BATCHING
Section 601 of the Standard Specifications is hereby revised for this project as follows:
In subsection 601.06, delete (13) and (17) and replace with the following:
(13) Gallons of water added by truck operator, the time the water was added and the quantity of concrete in the truck
each time water is added.
(17) Water to cementitious material ratio.
February 3, 2011
REVISION OF SECTIONS 601
CONCRETE FINISHING
Section 601of the Standard Specifications are hereby revised for this project as follows:
In subsection 601.12 (a) delete the fifth paragraph and replace it with the following:
Water shall not be added to the surface of the concrete to assist in finishing operations.
Hand finishing should be minimized wherever possible. The hand finishing methods shall be addressed in the Quality
Control Plan for concrete finishing. Hand finished concrete shall be struck off and screeded with a portable screed that
is at least 2 feet longer than the maximum width of the surface to be struck off. It shall be sufficiently rigid to retain its
shape. Concrete shall be thoroughly consolidated by hand vibrators. Hand finishing shall not be allowed after
concrete has been in-place for more than 30 minutes or when initial set has begun. Finishing tools made of aluminum
shall not be used.
The Contractor shall provide a Quality Control Plan (QCP) to ensure that proper hand finishing is accomplished in
accordance with current Industry standards. It shall identify the Contractor’s method for ensuring that the provisions of
the QCP are met. The QCP shall be submitted to the Engineer at the Preconstruction Conference. Concrete
placement shall not begin until the Engineer has approved the QCP. The QCP shall identify and address issues
affecting the quality finished concrete including but not limited to:
(1) Timing of hand finishing operations
(2) Methodology to place and transport concrete
(3) Equipment and tools to be utilized
(4) Qualifications and training of finishers and supervisors
When the Engineer determines that any element of the approved QCP is not being implemented or that hand finished
concrete is unacceptable, work shall be suspended. The Contractor shall supply a written plan to address improperly
placed material and how to remedy future hand finishing failures and bring the work into compliance with the QCP.
The Engineer will review the plan for acceptability prior to authorizing the resumption of operations.
In subsection 601.14(a) delete the fourth paragraph.
July 28, 2011
1
REVISION OF SECTIONS 601
CONCRETE FORM AND FALSEWORK REMOVAL
Section 601 of the Standard Specifications is hereby revised for this project as follows:
In subsection 601.09, delete (h) and replace with the following:
(h) Removal of Forms. The forms for any portion of the structure shall not be removed until the concrete is strong
enough to withstand damage when the forms are removed.
Unless specified in the plans, forms shall remain in place for members that resist dead load bending until concrete
has reached a compressive strength of at least 80 percent of the required 28 day strength, 0.80f’c. Forms for
columns shall remain in place until concrete has reached a compressive strength of at least 1,000 psi. Forms for
sides of beams, walls or other members that do not resist dead load bending shall remain in place until concrete has
reached a compressive strength of at least 500 psi.
Forms and supports for cast-in-place concrete box culverts (CBCs) shall not be removed until the concrete
compressive strength exceeds 0.6 fc′ for CBCs with spans up to and including 12 feet, and 0.67 fc′ for CBCs with
spans exceeding 12 feet but not larger than 20 feet. Forms for CBCs with spans larger than 20 feet shall not be
removed until after all concrete has been placed in all spans and has attained a compressive strength of at least
0.80f’c.
Concrete compressive strength shall be determined using information concrete cylinders or by maturity meters. At the
pre-pour conference, the Contractor shall submit the method of determining the structure’s strength and the location
where information cylinders will be taken or maturity meters placed.
If information cylinders are used they shall be cast by the Contractor and cured in the same manner as the structure.
A set of information cylinders shall be taken for each concrete placement on the structure. A set of information
cylinders shall be taken for any load of concrete that is being placed at the mid-span of beams and at support
locations and other locations as directed by the Engineer. Casting of the information cylinders will be witnessed by
the Engineer. The information cylinders shall remain in the molds and cured in the same manner as the structure until
they are tested in the laboratory by the Engineer. Compressive strength shall be determined using the compressive
strength of at least two information cylinders. The contractor shall be responsible for protecting the information
cylinders from damage.
Prior to placement of concrete whose strength will be determined with maturity meters, the Contractor shall provide
the Engineer a report of maturity relationships in accordance with CP 69. The Contractor shall provide maturity
meters and all necessary wires and connectors. The Contractor shall be responsible for the placement and
maintenance of the maturity meter and wire. . At a minimum a maturity meter will be placed at the mid-span of beams
and at support locations. Placement shall be as directed by the Engineer.
For structures with multiple sets of information cylinders or maturity meters, the lowest compressive strength shall
determine when the forms can be removed.
Acceptance cylinders shall not be used for determining compressive strength to remove forms.
When field operations are controlled by information cylinder tests or maturity meter, the removal of forms, supports
and housing, and the discontinuance of heating and curing may begin when the concrete is found to have the
required compressive strength.
Forms for median barrier, railing or curbs, may be removed at the convenience of the Contractor after the concrete
has hardened.
All forms shall be removed except permanent steel bridge deck forms and forms used to support hollow abutments or
hollow piers when no permanent access is available into the cells. When permanent access is provided into box
girders, all interior forms and loose material shall be removed, and the inside of box girders shall be cleaned.
July 28, 2011
2
REVISION OF SECTIONS 601
CONCRETE FORM AND FALSEWORK REMOVAL
In subsection 601.11, delete (e) and replace with the following:
(e) Falsework Removal. Unless specified in the plans or specifications, falsework shall remain in place until concrete
has attained a minimum compressive strength of 0.80f’c.
Falsework supporting any span of a simple span bridge shall not be released until after all concrete, excluding
concrete above the bridge deck, has attained a compressive strength of at least 0.80f’c.
Falsework supporting any span of a continuous or rigid frame bridge shall not be released until after all concrete,
excluding concrete above the bridge deck, has been placed in all spans and has attained the compressive strength of
at least 0.80f’c.
Falsework for arch bridges shall be removed uniformly and gradually, beginning at the crown, to permit the arch to
take its load slowly and evenly.
Falsework supporting overhangs and deck slabs between girders shall not be released until the deck concrete has
attained a compressive strength of at least 0.80f’c.
Falsework for pier caps which will support steel or precast concrete girders shall not be released until the concrete
has attained a compressive strength of at least 0.80f’c. Girders shall not be erected onto such pier caps until the
concrete in the cap has attained the compressive strength of at least 0.80f’c.
Falsework for cast-in-place prestressed portions of structures shall not be released until after the pre-stressing steel
has been tensioned.
Concrete compressive strength shall be determined using information concrete cylinders or by maturity meters. At the
pre-pour conference, the Contractor shall submit the method of determining the structure’s strength and the location
that information cylinders will be taken or maturity meters placed.
If information cylinders are used they shall be cast by the Contractor and cured in the same manner as the structure.
A set of information cylinders shall be taken for each concrete placement on the structure. A set of information
cylinders shall be taken for any load of concrete that is being placed at the mid-span of beams and at support
locations and other locations as directed by the Engineer. Casting of the information cylinders will be witnessed by the
Engineer. The information cylinders shall remain in the molds and cured in the same manner as the structure until
they are tested in the laboratory by the Engineer. Compressive strength shall be determined using the compressive
strength of at least two information cylinders. The Contractor shall be responsible for protecting the information
cylinders from damage.
Prior to placement of concrete whose strength will be determined with maturity meters, the Contractor shall provide
the Engineer a report of maturity relationships in accordance with CP 69. The Contractor shall provide maturity
meters and all necessary wires and connectors. The Contractor shall be responsible for the placement and
maintenance of the maturity meters and wires. At a minimum a maturity meter will be placed at the mid-span of
beams and at support locations. Placement shall be as directed by the Engineer.
For structures with multiple sets of information cylinders or maturity meters, the lowest compressive strength shall
determine when the falsework can be removed.
Acceptance cylinders shall not be used for determining compressive strength to remove falsework.
July 29, 2011
1
REVISION OF SECTION 601
CONCRETE SLUMP ACCEPTANCE
Section 601 of the Standard Specifications is hereby revised for this project as follows:
Delete the fifth paragraph of Subsection 601.05 and replace with the following:
Except for Class BZ concrete, the slump of the delivered concrete shall be the slump of the approved concrete mix
design plus or minus 2.0 inch. The laboratory trial mix must produce an average compressive strength at least 115
percent of the required field compressive strength specified in Table 601-1. When entrained air is specified in the
Contract for Class BZ concrete, an air entraining admixture may be added to an approved Class BZ mix design. A
new trial mix will not be required.
Delete Subsection 601.17 (b), 601.17 (d) and Table 601-3 and replace with the following:
(b) Slump. Slump acceptance, but not rejection, may be visually determined by the Engineer. Any batch that
exceeds the slump of the approved concrete mix design by 2.0 inches will be retested. If the slump is exceeded
a second time, that load is rejected. If the slump is greater than 2 inches lower than the approved concrete mix
design, the load can be adjusted with a water reducer, or by adding water (if the w/cm allows) and retested.
Portions of loads incorporated into structures prior to determining test results which indicate rejection as the
correct course of action shall be subject to reduced payment or removal as determined by the Engineer.
(d) Pay Factors. The pay factor for concrete which is allowed to remain in place at a reduced price shall be according
to Table 601-3 and shall be applied to the unit price bid for Item 601, Structural Concrete.
If deviations occur in air content and strength within the same batch, the pay factor for the batch shall be the
product of the individual pay factors.
Table 601-3
PAY FACTORS
Percent Total Air Strength
Deviations
From
Specified
Air
(Percent)
Pay
Factor
(Percent)
Below
Specified
Strength (psi)
[ < 4500 psi
Concrete]
Pay
Factor
(Percent)
Below
Specified
Strength (psi)
[ ≥ 4500 psi
Concrete]
0.0-0.2 98 1-100 98 1-100
0.3-0.4 96 101-200 96 101-200
0.5-0.6 92 201-300 92 201-300
0.7-0.8 84 301-400 84 301-400
0.9-1.0 75 401-500 75 401-500
Over 1.0 Reject Over 500 Reject
65 501-600
54 601-700
42 701-800
29 801-900
15 901-1000
Reject Over 1000
May 2, 2013
REVISION OF SECTION 601
FIBER-REINFORCED CONCRETE
Section 601of the Standard Specifications is hereby revised for this project as follows:
Subsection 601.03 shall include the following:
Where Fiber-Reinforced Concrete is specified or designated in the plans, the concrete mix shall include approved
polyolefin fibers. Unless otherwise specified, a minimum of 3.5 pounds per cubic yard of polyolefin fiber reinforcement
shall be evenly distributed into the mix. Mixing shall be as recommended by the manufacturer such that the fibers do
not ball up. Polyolefin fibers shall meet the requirements of ASTM C1116 and ASTM D7508.
Where Macro Fiber-Reinforced Concrete is specified or designated in the plans, the concrete mix shall include
approved macro polyolefin fibers. Unless otherwise specified, a minimum of 4.0 pounds per cubic yard of macro
polyolefin fiber reinforcement shall be evenly distributed into the mix. Macro Fiber-Reinforced Concrete shall have a
residual strength of 170 psi as determined by ASTM C1609. Mixing shall be as recommended by the manufacturer
such that the fibers do not ball up. Macro polyolefin fibers shall meet the requirements of ASTM C1116 and ASTM
D7508 with the following exceptions:
(1) Tensile strength shall be a minimum of 65 ksi
(2) Modulus of Elasticity shall be a minimum of 1,000 ksi
(3) Cut length shall be 1.5 to 2.2 inches
(4) Aspect Ratio shall be 50 to 100
Subsection 601.05 shall include the following:
When Fiber-Reinforced Concrete is specified in the Contract, polyolefin fibers may be added to an approved mix
design except when Macro Fiber-Reinforced Concrete is specified. If Macro Fiber-Reinforced Concrete is specified a
new trial mix will be required. When polyolefin fibers are added to an approved concrete mix design, the Contractor
shall submit a letter stamped by the Concrete Design Engineer approving the changes. The stamped letter shall
include the following and will be approved by the Engineer prior to use:
(1) The mix design number, both the CDOT mix ID number and the suppliers mix ID number
(2) The brand and type of polyolefin fibers.
(3) The dosage of polyolefin fibers in pounds per cubic yard.
(4) Adjustment to the fine aggregate batch weight
Subsection 601.06 shall include the following:
(18) Weight of polyolefin fiber reinforcement
Subsection 601.19 shall include the following:
Polyolefin fiber reinforcement will not be measured and paid for separately, but shall be included in the work.
February 17, 2012
REVISION OF SECTION 630
CONSTRUCTION ZONE TRAFFIC CONTROL
Section 630 of the Standard Specifications is hereby revised for this project as follows:
In subsection 630.16 delete the fifth paragraph.
July 28, 2011
REVISION OF SECTION 703
CONCRETE AGGREGATES
Section 703 of the Standard Specifications is hereby revised for this project as follows:
Delete the second paragraph of subsection 703.00 and Table 703-1.
Delete subsections 703.01 and 703.02 and replace with the following:
703.01 Fine Aggregate for Concrete. Fine aggregate for concrete shall conform to the requirements of AASHTO M
6, Class A. The minimum sand equivalent, as tested in accordance with Colorado Procedure 37 shall be 80 unless
otherwise specified. The fineness modulus, as determined by AASHTO T 27, shall not be less than 2.50 or greater
than 3.50 unless otherwise approved.
703.02 Coarse Aggregate for Concrete. Coarse aggregate for concrete shall conform to the requirements of
AASHTO M 80, Class A aggregates, except that the percentage of wear shall not exceed 45 when tested in
accordance with AASHTO T 96.
February 3, 2011
REVISION OF SECTION 712
WATER FOR MIXING OR CURING CONCRETE
Section 712 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 712.01 and replace it with the following:
712.01 Water. Water used in mixing or curing concrete shall be reasonably clean and free of oil, salt, acid, alkali,
sugar, vegetation, or other substance injurious to the finished product. Concrete mixing water shall meet the
requirements of ASTM C1602. The Contractor shall perform and submit tests to the Engineer at the frequencies
listed in ASTM C1602. Potable water may be used without testing. Where the source of water is relatively shallow,
the intake shall be so enclosed as to exclude silt, mud, grass, and other foreign materials.
February 3, 2011
1
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
A. AFFIRMATIVE ACTION REQUIREMENTS
Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246)
1. The Bidder’s attention is called to the “Equal Opportunity Clause” and the “Standard Federal Equal Employment
Opportunity Construction Contract Specifications” set forth herein.
2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor’s
aggregate workforce in each trade on all construction work in the covered area are as follows:
Goals and Timetable for Minority Utilization
Timetable - Until Further Notice
Economic
Area
Standard Metropolitan
Statistical Area (SMSA)
Counties
Involved
Goal
157
(Denver)
2080 Denver-Boulder Adams, Arapahoe, Boulder, Denver,
Douglas, Gilpin, Jefferson................... 13.8%
2670 Fort Collins Larimer................................................ 6.9%
3060 Greeley Weld.................................................... 13.1%
Non SMSA Counties Cheyenne, Clear Creek, Elbert,
Grand, Kit Carson, Logan, Morgan,
Park, Phillips, Sedgwick, Summit,
Washington & Yuma............................ 12.8%
158
(Colo. Spgs. -
Pueblo)
1720 Colorado Springs El Paso, Teller..................................... 10.9%
6560 Pueblo Pueblo................................................. 27.5%
Non SMSA Counties Alamosa, Baca, Bent, Chaffee,
Conejos, Costilla, Crowley, Custer,
Fremont, Huerfano, Kiowa, Lake,
Las Animas, Lincoln, Mineral, Otero,
Prowers, Rio Grande, Saguache........ 19.0%
159
(Grand Junction)
Non SMSA Archuleta, Delta, Dolores, Eagle,
Garfield, Gunnison, Hinsdale,
La Plata, Mesa, Moffat, Montezuma,
Montrose, Ouray, Pitkin, Rio Blanco,
Routt, San Juan, San Miguel 10.2%
156 (Cheyenne -
Casper WY)
Non SMSA Jackson County, Colorado.................. 7.5%
GOALS AND TIMETABLES FOR FEMALE UTILIZATION
Until Further Notice......................................................................................................................6.9% -- Statewide
February 3, 2011
2
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
These goals are applicable to all the Contractor’s construction work (whether or not it is Federal or federally
assisted) performed in the covered area. If the Contractor performs construction work in a geographical area
located outside of the covered area, it shall apply the goals established for such geographical area where the
work is actually performed. With regard to this second area, the Contractor also is subject to the goals for
both its federally involved and non-federally involved construction.
The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on
its implementation of the Equal Opportunity Clause specific affirmative action obligations required by the
specifications set forth in 41 CFR 60-4.3(a), and its efforts meet the goals established for the geographical
area where the contract resulting form this solicitation is to be performed. The hours of minority and female
employment and training must be substantially uniform throughout the length of the contract, and in each
trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its
projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from
project to project for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, the
Executive Order and the regulations in 41 CFR Par 60-4. Compliance with the goals will be measured
against the total work hours performed.
3. The Contractor shall provide written notification to the Director of the Office of Federal Contract
Compliance Programs within 10 working days of award of any construction subcontract in excess of
$10,000 at any tier for construction work under the contract resulting from this solicitation. The
notification shall list the name, address and telephone number of the subcontractor; employer
identification number; estimated dollar amount of the subcontract; estimated starting and completion
dates of the subcontract; and the geographical area in which the contract is to be performed.
4. As used in this specification, and in the contract resulting from this solicitation, the “covered area” is
the county or counties shown on the Invitation for Bids and on the plans. In cases where the work is
in two or more counties covered by differing percentage goals, the highest percentage will govern.
February 3, 2011
3
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
B. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT
SPECIFICATIONS
Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246)
1. As used in these Specifications:
a. “Covered area” means the geographical area described in the solicitation from which this contract resulted;
b. “Director” means Director, Office of Federal Contract Compliance Programs, United States Department of
Labor, or any person to whom the Director delegates authority;
c. “Employer identification number” means the Federal Social Security number used on the Employer’s
Quarterly Federal Tax Return, U.S. Treasury Department Form 941.
d. “Minority” includes;
(i) Black (all persons having origins in any of the Black African racial groups not of
Hispanic origin);
(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish
Culture or origin, regardless of race);
(iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East,
Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and
(iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North
America and maintaining identifiable tribal affiliations through membership and participation or
community identification).
2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any
construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these
specifications and the Notice which contains the applicable goals for minority and female participation and
which is set forth in the solicitations from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S.
Department of Labor in the covered area either individually or through an association, its affirmative action
obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan
for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their
participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or
Subcontractor participating in an approved Plan is individually required to comply with its obligations under
the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it
has employees. The overall good faith performance by other Contractors or Subcontractor toward a goal in
an approved Plan does not excuse any covered Contractor’s or Subcontractor’s failure to take good faith
efforts to achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of
these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as
percentages of the total hours of employment and training of minority and female utilization the Contractor
should reasonably be able to achieve in each construction trade in which it has employees in the covered
area. Covered Construction contractors performing construction work in geographical areas where they do
not have a Federal or federally assisted construction contract shall apply the minority and female goals
established for the geographical area where the work is being performed. Goals are published periodically in
the Federal Register in notice form, and such notices may be obtained from any office of Federal Contract
Compliance Programs Office or from Federal procurement contracting officers. The Contractor is expected to
make substantially uniform progress in meeting its goals in each craft during the period specified.
February 3, 2011
4
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor
has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor’s
obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant
thereto.
6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such
apprentices and trainees must be employed by the Contractor during the training period, and the Contractor
must have made a commitment to employ the apprentices and trainees at the completion of their training,
subject to the availability of employment opportunities. Trainees must be trained pursuant to training
programs approved by the U.S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of
the Contractor’s compliance with these specifications shall be based upon its effort to achieve maximum
results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative
action steps at least as extensive as the following;
a. Ensure and maintain a working environment free of harassment, intimidation , and coercion at all sites, and in
all facilities at which the Contractor’s employees are assigned to work. The Contractor, where possible,
will assign two or more women to each construction project. The Contractor shall specifically ensure that
all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the
Contractor’s obligation to maintain such a working environment, with specific attention to minority or
female individuals working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to
minority and female recruitment sources and to community organizations when the Contractor or its union
have employment opportunities available, and maintain a record of the organization’s responses.
c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-
street applicant and minority or female referral from a union, a recruitment source of community
organization and of what action was taken with respect to each individual. If such individual was sent to
the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred,
not employed by the Contractor, this shall be documented in the file with the reason therefor, along with
whatever additional actions the Contractor may have taken.
d. Provide immediate written notification to the Director when the union with which the Contractor has a
collective bargaining agreement has not referred to the Contractor a minority person or woman sent by
the Contractor, or when he Contractor has other information that the union referral process has impeded
the Contractor’s efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly
include minorities and women, including upgrading programs and apprenticeship and trainee programs
relevant to the Contractor’s employment needs, especially those programs funded or approved by the
Department of Labor. The Contractor shall provide notice of these programs to the sources compiled
under 7b above.
f. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and training programs and
requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in
any policy manual and collective bargaining agreement; by publicizing it in the company newspaper,
annual report, etc., by specific review of the policy with all management personnel and with all minority
and female employees at least once a year, and by posting the Contractor’s EEO policy on bulletin
boards accessible to all employees at each location where construction work is performed.
February 3, 2011
5
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
g. Review, at least annually, the Contractor’s EEO policy and affirmative action obligations under these
specifications with all employees having any responsibility for hiring, assignment, layoff, termination or
other employment decisions including specific review of these items with onsite supervisory personnel
such as Superintendents, General Foreman, etc., prior to the initiation of construction work at any job site.
A written record shall be made and maintained identifying the time and place of these meetings, persons
attending, subject matter discussed, and disposition of the subject matter.
h. Disseminate the Contractor’s EEO policy externally by including it in any advertising in the news media,
specifically including minority and female news media, and providing written notification to and discussing
the Contractors and Subcontractors with whom the Contractor does or anticipates doing business.
i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to
schools with minority and female students and to minority and female recruitment and training
organizations serving the Contractor’s recruitment area and employment needs. Not later than one
month prior to the date for the acceptance of applications for apprenticeship or other training by any
recruitment source, the Contractor shall send written notification to organizations such as the above,
describing the openings, screening procedures, and tests to be used in the selection process.
j. Encourage present minority and female employees to recruit other minority persons and women and, where
reasonable, provide after school, summer and vacation employment to minority and female youth both on
the site and in other areas of a Contractor’s workforce.
k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part
60-3.
l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for
promotional opportunities and encourage these employees to seek or to prepare for, through appropriate
training, etc. such opportunities.
m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not
have a discriminatory effect by continually monitoring all personnel and employment related activities to
ensure that the EEO policy and the Contractor’s obligations under these specifications are being carried
out.
n. Ensure that all facilities and Contractor’s activities are nonsegregated except that separate or single-user
toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female
construction contractors and suppliers, including circulation of solicitations to minority and female
contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisor’s adherence to and performance under the Contractor’s
EEO policies and affirmative action obligation.
February 3, 2011
6
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their
affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor-union
contractor-community, or other similar group of which the Contractor is a member and participant, may be
asserted as fulfilling any one or more of its obligations under 7a through p of these specifications provided
that the Contractor actively participates in the group, makes every effort to assure that the group has a
positive impact on the employment of minorities and women in the industry, ensures that the concrete
benefits of the program are reflected in the Contractor’s minority and female workforce participation, makes a
good faith effort to meet its individual goal and timetables, and can provide access to documentation which
demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply,
however, is the Contractor’s and failure of such a group to fulfill an obligation shall not be a defense for the
Contractor’s noncompliance.
9. A single goal for minorities and a separate single goal for women have been established. The Contractor,
however, is required to provide equal employment opportunity and to take affirmative action for all minority
groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor
may be in violation of the Executive Order if a particular group is employed in a substantially disparate
manner (for example, even thought the Contractor has achieved its goals for women generally, the Contractor
may be in violation of the Executive Order if a specific minority group of women is underutilized).
10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any
person because of race, color, religion, sex, or national origin.
11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts
pursuant to Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal
Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be
imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by
the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions
and penalties shall be in violation of these specifications and Executive Order 11246, as amended.
13 The Contractor in fulfilling its obligations under these specifications, shall implement specific affirmative action
steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to
achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to
comply with the requirements of the Executive Order, the implementing regulations, or these specifications,
the Director shall proceed in accordance with 41 CFR 60-4.8.
14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the
company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be
required by the Government and to keep records. Records shall at least include for each employee the
name, address, telephone numbers, construction trade, union affiliation if any, employee identification
number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper,
or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and
locations at which the work was performed. Records shall be maintained in an easily understandable and
retrievable form, however, to the degree that existing records satisfy this requirement, contractors shall not be
required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish
different standards of compliance or upon application of requirements for the hiring of local or other area
residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development
Block Grant Program).
February 3, 2011
7
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
C. SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES.
1. General.
a. Equal employment opportunity requirements not to discriminate and to take affirmative action to assure equal
employment opportunity as required by Executive Order 11246 and Executive Order 11375 are set forth
in Required Contract. Provisions (Form FHWA 1273 or 1316, as appropriate) and these Special
Provisions which are imposed pursuant to Section 140 of Title 23, U.S.C., as established by Section 22 of
the Federal-Aid highway Act of 1968. The requirements set forth in these Special Provisions shall
constitute the specific affirmative action requirements for project activities under this contract and
supplement the equal employment opportunity requirements set forth in the Required Contract provisions.
b. The Contractor will work with the State highway agencies and the Federal Government in carrying out equal
employment opportunity obligations and in their review of his/her activities under the contract.
c. The Contractor and all his/her subcontractors holding subcontracts not including material suppliers, of
$10,000 or more, will comply with the following minimum specific requirement activities of equal
employment opportunity: (The equal employment opportunity requirements of Executive Order 11246, as
set forth in Volume 6, Chapter 4, Section 1, Subsection 1 of the Federal-Aid Highway Program Manual,
are applicable to material suppliers as well as contractors and subcontractors.) The Contractor will
include these requirements in every subcontract of $10,000 or more with such modification of language
as is necessary to make them binding on the subcontractor.
2. Equal Employment Opportunity Policy. The Contractor will accept as his operating policy the following statement
which is designed to further the provision of equal employment opportunity to all persons without regard to
their race, color, religion, sex, or national origin, and to promote the full realization of equal employment
opportunity through a positive continuing program;
It is the policy of this Company to assure that applicants are employed, and that employees are treated during
employment, without regard to their race, religion, sex, color, or national origin. Such action shall include;
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship,
preapprenticeship, and/or on-the-job training.
3. Equal Employment Opportunity Officer. The Contractor will designate and make known to the State highway
agency contracting officers and equal employment opportunity officer (herein after referred to as the EEO
Officer) who will have the responsibility for an must be capable of effectively administering and promoting an
active contractor program of equal employment opportunity and who must be assigned adequate authority
and responsibility to do so.
4. Dissemination of Policy.
a. All members of the Contractor’s staff who are authorized to hire, supervise, promote, and discharge
employees, or who recommend such action, or who are substantially involved in such action, will be
made fully cognizant of, and will implement, the Contractor’s equal employment opportunity policy and
contractual responsibilities to provide equal employment opportunity in each grade and classification of
employment. To ensure that the above agreement will be met, the following actions will be taken as a
minimum;
(1) Periodic meetings of supervisory and personnel office employees will be conducted before the start of
work and then not less often than once every six months, at which time the Contractor’s equal
employment opportunity policy and its implementation will be reviewed and explained. The meetings
will be conducted by the EEO Officer or other knowledgeable company official.
February 3, 2011
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AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
(2) All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO
Officer or other knowledgeable company official, covering all major aspects of the Contractor’s equal
employment opportunity obligations within thirty days following their reporting for duty with the
Contractor.
(3) All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer or
appropriate company official in the Contractor’s procedures for locating and hiring minority group
employees.
b. In order to make the Contractor’s equal employment opportunity policy known to all employees, prospective
employees and potential sources of employees, i.e., schools, employment agencies, labor unions (where
appropriate), college placement officers, etc., the Contractor will take the following actions:
(1) Notices and posters setting forth the Contractor’s equal employment opportunity policy will be placed
in areas readily accessible to employees, applicants for employment and potential employees.
.
(2) The Contractor’s equal employment opportunity policy and the procedures to implement such policy
will be brought to the attention of employees by means of meetings, employee handbooks, or
other appropriate means.
5. Recruitment.
a. When advertising for employees, the Contractor will include in all advertisements for employees the
notation; “An Equal Opportunity Employer.” All such advertisements will be published in newspapers
or other publications having a large circulation among minority groups in the area from which the
project work force would normally be derived.
b. The Contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral sources likely to yield qualified minority
group applicants, including, but not limited to, State employment agencies, schools, colleges and
minority group organizations. To meet this requirement, the Contractor will, through his EEO Officer,
identify sources of potential minority group employees, and establish with such identified sources
procedures whereby minority group applicants may be referred to the Contractor for employment
consideration.
In the event the Contractor has a valid bargaining agreement providing for exclusive hiring hall referrals,
he is expected to observe the provisions of that agreement to the extent that the system permits the
Contractor’s compliance with equal employment opportunity contract provisions. (The U.S.
Department of Labor has held that where implementation of such agreements have the effect of
discriminating against minorities or women, or obligates the Contractor to do the same, such
implementation violates Executive Order 11246, as amended.)
c. The Contractor will encourage his present employees to refer minority group applicants for employment
by posting appropriate notices or bulletins in areas accessible to all such employees. In addition,
information and procedures with regard to referring minority group applicants will be discussed with
employees.
`6. Personnel Actions. Wages, working conditions, and employee benefits shall be established and
administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer,
demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, or national
origin. The following procedures shall be followed;
a. The Contractor will conduct periodic inspections of project sites to insure that working conditions and
employee facilities do not indicate discriminatory treatment of project site personnel.
February 3, 2011
9
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
b. The Contractor will periodically evaluate the spread of wages paid within each classification to determine
any evidence of discriminatory wage practices.
c. The Contractor will periodically review selected personnel actions in depth to determine whether there is
evidence of discrimination. Where evidence is found, the Contractor will promptly take corrective
action. If the review indicates that the discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
d. The Contract will promptly investigate all complaints of alleged discrimination made to the Contractor in
connection with his obligations under this contract, will attempt to resolve such complaints, and will
take appropriate corrective action within a reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant, such corrective action shall include
such other persons. Upon completion of each investigation, the Contractor will inform every
complainant of all of his avenues of appeal.
7. Training and Promotion.
a. The Contractor will assist in locating, qualifying, and increasing the skills of minority group and women
employees, and applicants for employment.
b. Consistent with the Contractor’s work force requirements and as permissible under Federal and State
regulations, the Contractor shall make full use of training programs, i.e., apprenticeship, and on-the-
job training programs for the geographical area of contract performance. Where feasible, 25 percent
of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training.
c. The Contractor will advise employees and applicants for employment of available training programs and
entrance requirements for each.
d. The Contractor will periodically review the training and promotion potential of minority group and women
employees and will encourage eligible employees to apply for such training and promotion.
8. Unions. If the Contractor relies in whole or in part upon unions as a source of employees, the Contractor will
use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority
groups and women with the unions, and to effect referrals by such unions of minority and female
employees. Actions by the Contractor either directly or thorough a contractor’s association acting as
agent will include the procedures set forth below:
a. The Contractor will use best efforts to develop, in cooperation with the unions, joint training programs
aimed toward qualifying more minority group members and women for membership in the unions and
increasing the skills of minority group employees and women so that they may qualify for higher
paying employment.
b. The Contractor will use best efforts to incorporate an equal employment opportunity clause into each
union agreement to the end that such union will be contractually bound to refer applicants without
regard to their race, color, religion, sex, or national origin.
c. The Contractor is to obtain information as to the referral practices and policies of the labor union except
that to the extent such information is within the exclusive possession of the labor union and such
labor union refuses to furnish such information to the Contractor, the Contractor shall so certify to the
State highway department and shall set forth what efforts have been made to obtain such information.
February 3, 2011
10
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
d. In the event the union is unable to provide the Contractor with a reasonable flow of minority and women
referrals within he time limit set forth in the collective bargaining agreement, the Contractor will, through
independent recruitment efforts, fill the employment vacancies without regard to race, color, religion , sex
or national origin; making full efforts to obtain qualified and/or qualifiable minority group persons and
women. (The U.S. Department of Labor has held that it shall be no excuse that the union with which the
Contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority
employees.) In the event the union referral practice prevents the Contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these special provisions, such Contractor shall
immediately notify the State highway agency.
9. Subcontracting.
a. The Contractor will use his best efforts to solicit bids from and to utilize minority group subcontractors or
subcontractors with meaningful minority group and female representation among their employees.
Contractors shall obtain lists of minority-owned construction firms from State highway agency personnel.
b. The Contractor will use his best efforts to ensure subcontractor compliance with their equal employment
opportunity obligations.
10. Records and Reports.
a. The Contractor will keep such records as are necessary to determine compliance with the Contractor’s equal
employment opportunity obligations. The records kept by the Contractor will be designed to indicate:
(1) The number of minority and nonminority group members and women employed in each work
classification on the project.
(2) The Progress and efforts being made in cooperation with unions to increase employment opportunities for
minorities and women (applicable only to contractors who rely in whole or in part on unions as a
source of their work force).
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and
female employees, and
(4) The progress and efforts being made in securing the services of minority group subcontractors or
subcontractors with meaningful minority and female representation among their employees.
b. All such records must be retained for a period of three years following completion of the contract work and
shall be available at reasonable times and places for inspection by authorized representatives of the
State highway agency and the Federal Highway Administration.
c. The Contractors will submit an annual report to the State highway agency each July for the duration of the
project, indicating the number of minority, women, and non-minority group employees currently engaged
in each work classification required by the contract work. This information is to be reported on Form PR
1391.
February 3, 2011
1
DISADVANTAGED BUSINESS ENTERPRISE
DEFINITIONS AND REQUIREMENTS
(a) Definitions and Procedures
For this project, the following terms are defined:
1. Disadvantaged Business Enterprise (DBE). A small business concern that is certified as being:
A. At least 51 percent owned by one or more socially and economically disadvantaged individuals or, in the
case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more
socially and economically disadvantaged individuals; and
B. Whose management and daily business operations are controlled by one or more of the socially and
economically disadvantaged individuals who own it.
C. Socially and economically disadvantaged individual means any individual who is a citizen (or lawfully
admitted permanent resident) of the United States and who is:
(1) Any individual whom the Colorado Department of Transportation Office of Certification or the City and
County of Denver Division of Small Business Opportunity (DSBO) finds to be a socially and
economically disadvantaged individual.
(2) Any individual in the following groups, members of which are rebuttably presumed to be socially and
economically disadvantaged:
a. "Black Americans,” which includes persons having origins in any of the Black racial groups of
Africa;
b. "Hispanic Americans," which includes persons of Mexican, Puerto Rican, Cuban, Dominican,
Central or South American, or other Spanish or Portuguese culture or origin, regardless of race;
c. "Native Americans," which includes persons who are American Indians, Eskimos, Aleuts, or
Native Hawaiians;
d. "Asian-Pacific Americans," which includes persons whose origins are from Japan, China, Taiwan,
Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia,
Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands
(Republic of Palau), the Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga,
Kirbati, Juvalu, Nauru, Federated States of Micronesia, or Hong Kong;
e. ”Subcontinent Asian Americans," which includes persons whose origins are from India, Pakistan,
Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka;
f. ”Women”, which means females of any ethnicity;
g. “Other,” which means any additional groups whose members are designated as socially and
economically disadvantaged by the Small Business Administration (SBA), at such time as the
SBA designation becomes effective and/or individuals who have been determined to be socially
and economically disadvantaged based on the criteria for social and economic disadvantage.
2. Underutilized DBE (UDBE). A firm which meets the definition of DBE above and is eligible to meet the
contract goal as defined in the project special provision titled “Contract Goal.”
February 3, 2011
2
DISADVANTAGED BUSINESS ENTERPRISE
DEFINITIONS AND REQUIREMENTS
3. DBE Joint Venture. Joint venture means an association of a DBE firm and one or more other firms to carry out
a single, for-profit business enterprise, for which the parties combine their property, capital, efforts, skills and
knowledge, and in which the DBE is responsible for a distinct, clearly defined portion of the work of the
contract and whose share in the capital contribution, control, management, risks, and profits of the joint
venture are commensurate with its ownership interest.
A DBE joint venture must be certified as a joint venture by the Business Programs Office at CDOT.
A. For those projects set-aside for bidding by UDBEs only; all of the partners in a joint venture must be
UDBEs and certification of the joint venture will not be required.
B. For all projects other than the set-aside projects discussed in A. above; one of the partners in a joint
venture must be a DBE. The DBE percentage of the joint venture will be determined at the time of
certification.
4. Contract Goal. The goal for UDBE participation that the Department determines should appropriately be met
by the successful bidder. Contract goal will be the percentage stated in the invitation for bids and in the
project special provisions. Successful bidders that are awarded a Contract based on good faith efforts shall
continue to make good faith efforts through the period of time that work on the project is in process, to provide
for additional UDBE participation toward meeting the goal.
5. Good Faith Efforts. It is the obligation of the bidder to make good faith efforts to meet the contract goal prior
to the bid opening. The bidder can demonstrate that it has done so either by meeting the contract goal or by
documenting good faith efforts made. CDOT will evaluate only the good faith efforts made by the bidder prior
to the bid opening. Any UDBE Participation submitted on Form 715 that exceeds the participation submitted
on Form 714 will be accepted as additional UDBE participation, but will not be counted as Good Faith Efforts
and will not exempt a bidder from fulfilling the Good Faith Efforts requirements. The apparently successful
bidder shall report all efforts made including but not limited to the efforts required on Form 718. The efforts
employed by the bidder should be those that one could reasonably expect a bidder to take if the bidder were
actively and aggressively trying to obtain UDBE participation sufficient to meet the DBE contract goal.
The bidder may submit information on its UDBE successes in the preparation of this bid and its successes on
CDOT projects during the three preceding calendar years. These successes shall be documented in Section
IV of the Form 718. Other factors the bidder considers relevant to its past performance in meeting CDOT
UDBE contract goals shall also be documented in Section IV of the Form 718.
In determining whether a bidder has made good faith efforts, CDOT will consider the performance of the
apparently successful bidder in meeting UDBE contract goals over the preceding three calendar years. This
will include performance at the time of Contract bid and at the time of Contract close. CDOT will use this
information to help assess the bidder’s ongoing level of commitment in performing good faith efforts to meet
project goals. CDOT will also take into account the performance of other bidders in meeting the contract goal.
For example, when the apparently successful bidder fails to meet the contract goal, but others meet it, CDOT
will reasonably raise the question of whether, with additional reasonable efforts, the apparently successful
bidder could have met the goal. The greater the difference between the contract goal and the apparently
successful bidder’s DBE commitments on the Form 714, the greater the level of Good Faith Efforts expected
by CDOT. If the apparently successful bidder fails to meet the goal, but meets or exceeds the average UDBE
participation obtained by other bidders, CDOT will view this, in conjunction with other factors, as evidence that
the apparently successful bidder may have made adequate good faith efforts.
February 3, 2011
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DISADVANTAGED BUSINESS ENTERPRISE
DEFINITIONS AND REQUIREMENTS
CDOT will accept verifiable comments from persons that have specific information pertaining directly to the
efforts made by the bidder to reach the contract goal on this project. CDOT will consider these comments as
part of its good faith effort analysis prior to issuing its decision regarding whether good faith efforts were
employed by the apparently successful bidder. To be considered during CDOT’s good faith effort analysis for
the project, such comments must be submitted by letter, fax, or email. Comments must be sufficiently
detailed, and must be received by CDOT within seven calendar days after the bid opening. Written comments
should be submitted to CDOT based on the contact information listed at
http://www.dot.state.co.us/EEO/ContactUs.htm .
The Business Programs Office, with the DBE Liaison’s Approval, will notify the apparently successful bidder
by fax regarding any deficiencies in the documentation and effort demonstrated by the bidder. This fax will
include the Business Programs Office’s recommendation to the DBE Liaison Officer regarding whether the
good faith effort demonstrated was sufficient for the bidder to be regarded as responsible. If the bidder may
be regarded as responsible but with minor deficiencies in its good faith effort, the bidder will be expected to
correct any deficiencies noted prior to bidding on other CDOT projects.
Within five working days of being informed by the Business Programs Office that it is not a responsible bidder because
it has not documented sufficient good faith efforts, a bidder may request administrative reconsideration from the Good
Faith Efforts (GFE) Committee, which will not have played any role in the original determination that the bidder did not
document sufficient good faith efforts. The bidder should make this request to:
Good Faith Efforts Committee
Fax: 303-757-9019
Phone: 303-757-9234
As part of this reconsideration, the bidder will have the opportunity to provide written documentation or argument
concerning the issue of whether it met the goal or made adequate good faith efforts prior to the bid opening to do so.
The bidder will also have the opportunity to meet in person with CDOT’s GFE Committee to discuss the issue of
whether it met the goal or made adequate good faith efforts prior to the bid opening to do so. The Business Programs
Office, with the DBE Liaison’s Approval, will send the bidder a written decision on reconsideration, explaining the basis
for finding that the bidder did or did not meet the goal or make adequate good faith efforts prior to the bid opening to
do so.
The GFE Review Committee will make a recommendation to the DBE Liaison Officer. The DBE Liaison
Officer will review the good faith efforts documentation and the recommendation of the GFE Review
Committee, determine whether the required efforts are sufficient for award and notify the Chief Engineer of
this finding. The Chief Engineer will make the final decision regarding award. There will be no administrative
appeal of the Chief Engineer’s decision. The Chief Engineer may pursue award of the Contract to the next
lowest responsible bidder based upon this decision.
If award of the Contract is made based on the Contractor’s good faith efforts, the goal will not be waived. The
Contractor will be expected to continue to make good faith efforts as described below throughout the duration
of the Contract.
To demonstrate Good Faith Efforts to meet the contract goal throughout the performance of the Contract,
the Contractor shall document to the CDOT Region Civil Rights Professional the steps taken on Form 205.
For each subcontract item not identified for DBE participation on Form 718, steps the Contractor must take
include but are not limited to the following:
A. Seek out and consider UDBEs as potential subcontractors.
(1) Contact all UDBEs for each category of work that is being subcontracted.
(2) Affirmatively solicit their interest, capability, and price quotations.
(3) Provide equal time for all prospective subcontractors to prepare their proposals.
(4) Provide at least as much time to UDBEs in assisting them to prepare their bids for subcontract work
as to non UDBE subcontractors.
(5) Award subcontracts to UDBEs where their quotations are reasonably competitive with other
quotations received.
February 3, 2011
4
DISADVANTAGED BUSINESS ENTERPRISE
DEFINITIONS AND REQUIREMENTS
B. Maintain documentation of UDBEs contacted and their responses.
(1) Maintain a list of UDBEs contacted as prospective subcontractors.
(2) Maintain thorough documentation of criteria used to select each subcontractor.
(3) Where a UDBE expressed an interest in a subcontract and made a quotation, and where the work
was not awarded to a UDBE, furnish a detailed letter explaining the reasons.
(b) Certification as a DBE by the Department
1. Any contractor may apply to the Colorado Department of Transportation Office of Certification or the City and
County of Denver Division of Small Business Opportunity (DSBO) for status as a DBE. Application shall be
made on the USDOT’s Uniform Certification Application Form as provided by these agencies for certification
of DBEs. Application need not be made in connection with a particular bid. Only work contracted to UDBE
contractors or subcontracted to UDBEs and independently performed by UDBEs shall be considered toward
contract goals as established elsewhere in these specifications.
2. It shall be the Contractor’s responsibility to submit applications so that the certifying agency has sufficient time
to render decisions. The certifying agency will review applications in a timely manner but is not committed to
render decisions about a firm’s DBE status within any given period of time.
3. The Department will publish an online directory of DBE contractors, vendors and suppliers for the purpose of
providing a reference source to assist any bidder in identifying DBEs and UDBEs. Bidders will be solely
responsible for verifying the Certification of DBEs they intend to use prior to submitting a proposal. The
directory is updated daily by the certifying agencies and is accessible online at
http://www.dot.state.co.us/app_ucp/ .
4. Bidders shall exercise their own judgments in selecting any subcontractor to perform any portion of the work.
5. Permission for a DBE/non-DBE joint venture to bid on a specific project may be obtained from the Business
Programs Office based on information provided by the proposed joint venture on Form 893, “Information For
Determining DBE Participation When A Joint Venture Includes A DBE”. Joint applications should be
submitted well in advance of bid openings.
(c) Bidding Requirements
1. All bidders shall submit with their proposals a fully executed Form 714 including a list of the names of their
UDBE subcontractors to meet the contract goal. The apparently successful bidder shall submit a fully
executed Form 715 for each UDBE used to meet the contract goal (sample attached) no later than 4:00 p.m.
on the third work day after the date of bid opening to the Business Programs Office in the Center for Equal
Opportunity. Form 715 may be submitted by FAX, at Fax number (303)757-9019, with an original copy to
follow. If the contract goal is not met, the apparently successful bidder shall submit a completed Form 718
and corresponding evidence of good faith efforts no later than 4:00 on the day following the bid opening to the
Business Programs Office in the Center for Equal Opportunity. CDOT Form No. 718 may be submitted by
FAX, at Fax number (303)757-9019, with an original copy to follow. A copy of Form 718 is incorporated into
this specification.
2. The award of Contract, if awarded, will be made to the lowest responsible bidder that will meet or exceed the
contract goal or, if the goal will not be met, is able to demonstrate that good faith efforts were made to meet
the goal. Good faith efforts are explained in (a) of this special provision.
3. The use of the UDBE firms named on Form 714 or on a Form 715, for the items of work described, is a
condition of award. The replacement of a named UDBE firm will be allowed only as provided for in (e) of this
special provision. Failure to comply will constitute grounds for default and termination of the Contract.
February 3, 2011
5
DISADVANTAGED BUSINESS ENTERPRISE
DEFINITIONS AND REQUIREMENTS
4. Contractor’s DBE Obligation. The prime Contractor bidding on construction projects advertised by the
Department agrees to ensure that Disadvantaged Business Enterprises (DBEs), as defined in this special
provision, have equal opportunity to participate in the performance of contracts or subcontracts financed in
whole or in part with Federal or State funds. The prime Contractor shall not discriminate on the basis of race,
color, national origin, or sex in the bidding process or the performance of contracts.
To ensure that UDBEs are offered equal opportunity to participate in the performance of contracts, it is the
responsibility of the prime Contractor to offer and to provide assistance to UDBEs related to the UDBE
performance of the subcontract. However, the UDBE must independently perform a commercially useful
function on the project.
(d) Counting DBE Participation Toward Contract Goals and CDOT’s annual DBE goal
1. Once a firm has been certified as a DBE the total dollar amount of the contract awarded to the firm shall be
counted toward CDOT’s annual DBE goal and the contract goal as explained below, and as modified for the
project in the project special provisions titled “Contract Goal.”
2. The actual dollar total of a proposed subcontract, supply or service contract with any DBE firm shall be
reported to the Department using Form 713. A Form 713 for subcontracts is to be submitted with the Form
205 and receipt will be a condition of approval. The eligibility of a proposed DBE subcontractor will be finally
established based on the firm’s status at the time of Form 205 approval.
A Form 713 for a supply or service contract is to be submitted once a contract has been fully executed so the
Department will be able to report the DBE participation in a timely manner. The eligibility of a DBE supplier or
service firm will be finally established as of the date the Form 713 is received by the Department. A Form 205
is not required for a supply or service contract.
If a firm becomes certified as a DBE during performance under a fully executed contract with CDOT but prior
to the DBE performing any work, then 100 percent of the work performed by the firm under that contract may
be claimed as eligible work.
3. The Contractor may count toward its contract goal the percentage of the total dollar amount of a contract with
a Department certified joint venture that equals the percentage of the ownership and control of the UDBE
partner in a joint venture.
4. A The Contractor may count toward its contract goal only that percentage of expenditures to UDBEs which
independently perform a commercially useful function in the work of a contract. A DBE is considered to be
performing a commercially useful function by actually performing, managing, and supervising the work
involved. To determine whether a DBE is performing a commercially useful function, the Department will
evaluate the amount of work subcontracted, work performed solely by the DBE, industry practices, and other
relevant factors.
B. A DBE may enter into subcontracts consistent with normal industry practices. If a DBE does not perform
or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or the
DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal
industry practice for the type of work involved, the DBE shall be presumed not to be performing a
commercially useful function. The DBE may present evidence to rebut this presumption to the Department.
5. The Contractor may count toward its contract goal the percentage of expenditures for transportation services
obtained from UDBE trucking firms, provided the UDBE controls the trucking operations for which it seeks
credit. A UDBE trucking firm must have at least one truck and driver of its own, but it can lease trucks owned
by others, both DBEs and non-DBEs, including owner-operators. For work done with its own trucks and
drivers, and for work done with DBE lessees, the UDBE trucking firm receives credit for all transportation
services provided. For work done with non-DBE lessees, the UDBE trucking firm gets credit only for the fees
or commissions it receives for arranging the transportation services, because the services themselves are
being performed by non-DBEs.
February 3, 2011
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DISADVANTAGED BUSINESS ENTERPRISE
DEFINITIONS AND REQUIREMENTS
6. The Contractor may count toward its contract goal the percentage of expenditures for materials and supplies
obtained from UDBE suppliers (regular dealers) and manufacturers, provided that the UDBEs assume the
actual and contractual responsibility for and actually provide the materials and supplies.
A. The Contractor may count 100 percent of its expenditures to a UDBE manufacturer. A DBE manufacturer
is a certified firm that operates or maintains a factory or establishment that produces on the premises the
materials or supplies obtained by the Contractor.
B. The Contractor may count 60 percent of its expenditures to UDBE suppliers (regular dealers) that are not
manufacturers, provided that the DBE supplier performs a commercially useful function in the supply
process. A DBE supplier (regular dealer) is a certified firm that owns, operates, or maintains a store,
warehouse, or other establishment in which the materials or supplies required for the performance of the
Contract are bought, kept in stock, and regularly sold to the public in the usual course of business. To be
a supplier (regular dealer) the firm must engage in, as its principal business and in its own name, the
purchase and sale of the products in question. A supplier in such bulk items as steel, cement, gravel,
stone, and petroleum products need not keep such products in stock, if it owns or operates distribution
equipment. Brokers and packagers shall not be regarded as manufacturers or suppliers within the
meaning of this section.
C. The Contractor may count toward its contract goal the following expenditures to UDBE firms that are not
manufacturers or suppliers (regular dealers):
(1) The fees or commissions charged for providing a bona fide service, such as professional, technical, consultant or
managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials or
supplies required for performance of the Contract, provided that the fee or commission is determined by the
Department to be reasonable and not excessive as compared with fees customarily allowed for similar services.
(2) The fees charged for delivery of materials and supplies required to a job site (but not the cost of the materials
and supplies themselves) when the hauler, trucker, or delivery service is not also the manufacturer of or a
supplier of the materials and supplies, provided that the fee is determined by the Department to be reasonable
and not excessive as compared with fees customarily allowed for similar services.
(3) The fees or commissions charged for providing any bonds or insurance specifically required for the performance
of the Contract, provided that the fee or commission is determined by the Department to be reasonable and not
excessive as compared with fees customarily allowed for similar services.
7. To determine the goals achieved under this Contract the participation as described in (d) of this special
provision shall be divided by the original prime Contract amount and multiplied by 100 to determine the
percentage of performance. The Contractor shall maintain records of payment that show amounts paid to all
DBEs. Upon completion of the project, the Contractor shall submit a Form 17 listing all DBEs that participated
in this Contract, the subcontract tier number of each, and the dollar amount paid to each. This dollar amount
shall include payments made by nonDBE subcontractors to DBE subcontractors. The Contractor shall certify
the amount paid, which may be audited by the Department. When there is no participation by DBEs, the
Contractor shall submit a Form 17 that indicates no participation and gives reasons why there was no
participation. CDOT will not count the participation of a DBE subcontractor toward the prime contractor's
UDBE achievements or CDOT’s overall DBE goal until the amount being counted toward the goal has been
paid to the DBE.
(e) Replacement of UDBE Subcontractors used to meet the contract goal
Based upon a showing of good cause the Contractor may request that a UDBE named on Form 714 or on a Form
715 be replaced with another UDBE pursuant to the terms and conditions of this special provision. In the event
that the Contractor is able to both document the need and to offer a replacement UDBE who can perform the
work at a reasonable cost, the CDOT Region Civil Rights Professional will approve the replacement at no
additional cost to the Department. Replacements will be allowed only with prior written approval of the Region
Civil Rights Professional.
February 3, 2011
7
DISADVANTAGED BUSINESS ENTERPRISE
DEFINITIONS AND REQUIREMENTS
1. If a replacement is to be requested prior to the time that the named UDBE has begun to effectively prosecute
the work under a fully executed subcontract, the Contractor shall furnish to the Region Civil Rights
Professional the following:
A. Written permission of the named UDBE. Written permission may be waived only if such permission
cannot be obtained for reasons beyond the control of the Contractor.
B. A full written disclosure of the circumstances making it impossible for the Contractor to comply with the
condition of award.
C. Documentation of the Contractor’s assistance to the UDBE named on Form 714 or on Form 715.
D. Copies of any pertinent correspondence and documented verbal communications between the Contractor
and the named UDBE.
E. Documentation of the Good Faith Efforts in finding a replacement UDBE subcontractor and the results of
the efforts. It is within the control of the Contractor to locate, prior to award, DBEs that offer reasonable
prices and that could reasonably be expected to perform the work. For this reason, increased cost shall
not, by itself, be considered sufficient reason for not providing an in-kind replacement.
2. In the event a UDBE subcontractor begins to prosecute the work and is unable to satisfactorily complete
performance of the work, the Contractor shall furnish to the Region Civil Rights Professional the following:
A. Documentation that the subject UDBE subcontractor did not perform in a satisfactory manner.
B. Documentation of the Contractor’s assistance to the UDBE subcontractor prior to finding the UDBE
subcontractor in default.
C. A copy of the certified letter finding the UDBE to be in default or a letter from the UDBE stating that it
cannot complete the work and it is turning the work back to the Contractor.
D. Copy of the contract between the Contractor and the UDBE subcontractor, plus any modifications thereto.
E. Documentation of the Good Faith Efforts in finding a replacement UDBE subcontractor and the results of
the efforts.
In the event the Contractor is able to locate a replacement UDBE who can perform work at a reasonable cost
to the Contractor, and also demonstrates to the satisfaction of the Department that prior to bid it had reason to
believe that the named UDBE firm was responsible and not expected to default, the Department may modify
or renegotiate the Contract to compensate the Contractor for any reasonable extra costs, because of a higher
price in the proposal of the replacement UDBE subcontractor than that of the original UDBE subcontractor
who failed to perform.
Provided, however, that the Department will not be obligated to participate in any increased cost to the
Contractor if the UDBE that fails to perform has a recent history of performance failure or default that was
either known, or should have been known, to the Contractor prior to award.
3. If the Contractor is unable to locate a UDBE replacement that is both interested in and capable of performing
the work at a reasonable cost, the Department may waive the requirement that the work be performed by a
UDBE and the Contractor shall provide for the satisfactory completion of the work at no additional cost to the
Department.
February 3, 2011
8
DISADVANTAGED BUSINESS ENTERPRISE
DEFINITIONS AND REQUIREMENTS
(f) Sanctions.
It is the obligation of the Contractor to provide DBE firms with equal opportunity to participate in the performance
of the work.
It is the responsibility of DBE firms to perform their work in a responsible manner fully consistent with the intent of
the DBE program, and in substantial compliance with the terms and conditions of these DBE definitions and
requirements.
DBE firms which fail to perform a commercially useful function as described in subsection (d) of these DBE
definitions and requirements or operate in a manner which is not consistent with the intent of the DBE program
may be subject to revocation of certification.
A finding by the Department that the Contractor has failed to comply with the terms and conditions of these DBE
definitions and requirements shall constitute sufficient grounds for default and termination of the Contract in
accordance with subsection 108.09 of the specifications.
Attachments:
Form 714
Form 715
Form 718
July 29, 2011
1
ON THE JOB TRAINING
This training special provision is an implementation of 23 U.S.C. 140 (a). The Contractor shall meet the requirements
of the FHWA 1273 for all apprentices and trainees.
As part of the Contractor's Equal Employment Opportunity Affirmative Action Program, training shall be provided on
projects as follows:
1. The Contractor shall provide on the job training aimed at developing full journey workers in the skilled craft
identified in the approved training plan. The Contractor shall provide at a minimum, required training hours
listed in the Project Special Provisions for each project.
2. The primary objective of this specification is to train and upgrade women and minority candidates to full
journey worker status. The Contractor shall make every reasonable effort to enroll and train minority and
women workers. This training commitment shall not be used to discriminate against any applicant for training
whether or not the applicant is a woman or minority.
3. The Contractor may employ temporary workers from CDOT supportive services providers to meet OJT
requirements. Information pertaining to supportive services providers may be obtained by calling the CDOT
OJT Coordinator at the number shown on the link http://www.coloradodot.info/business/equal-
opportunity/training.html
4. An employee shall not be employed or utilized as a trainee in a skilled craft in which the employee has
achieved journey status.
5. The minimum length and type of training for each skilled craft shall be as established in the training program
selected by the Contractor and approved by the Department and the Colorado Division of the Federal
Highway Administration (FHWA), or the U. S Department of Labor (DOL), Office of Apprenticeship or
recognized state apprenticeship agency. To obtain assistance or program approval contact:
CDOT Center for Equal Opportunity
4201 East Arkansas Avenue
Denver, CO 80222
eo@dot.state.co.us
1-800-925-3427
6. The Contractor shall pay the training program wage rates and the correct fringe benefits to each approved
trainee employed on the project and enrolled in an approved program. The minimum trainee wage shall be no
less than the wage for the Guardrail Laborer classification as indicated in the wage decision for the project.
7. The CDOT Regional Civil Rights Manager must approve all proposed apprentices and trainees for the
participation to be counted toward the project goal and reimbursement. Approval must occur before training
begins. Approval for the apprentice or trainee to begin work on a CDOT project will be based on:
A. Evidence of the registration of the trainee or apprentice into the approved training program.
B. The completed Form 838 for each trainee or apprentice as submitted to the Engineer.
8. Before training begins, the Contractor shall provide each trainee with a copy of the approved training
program, pay scale, pension and retirement benefits, health and disability benefits, promotional opportunities,
and company policies and complaint procedures.
9. Before training begins, the Contractor shall submit a copy of the approved training program and CDOT Form
1337 to the Engineer. Progress payments may be withheld until this is submitted and approved and may be
withheld if the approved program is not followed.
July 29, 2011
2
ON THE JOB TRAINING
10. On a monthly basis, the Contractor shall provide to the Engineer a completed On the Job Training Progress
Report (Form 832) for each approved trainee or apprentice on the project. The Form 832 will be reviewed
and approved by the Engineer before reimbursement will be made. The Contractor will be reimbursed for no
more than the OJT Force Account budget. At the discretion of the Engineer and if funds are available, the
Engineer may increase the force account budget and the number of reimbursable training hours through a
Change Order. The request to increase the force account must be approved by the Engineer prior to the
training.
11. Upon completion of training, transfer to another project, termination of the trainee or notification of final
acceptance of the project, the Contractor shall submit to the Engineer a “final” completed Form 832 for each
approved apprentice or trainee.
12. All forms are available from the CDOT Center for Equal Opportunity, through the CDOT Regional Civil Rights
Manager, or on CDOT’s website at
http://www.coloradodot.info/business/bidding/Bidding%20Forms/Bid%20Winner%20Forms
13. Forms 838 and 832 shall be completed in full by the Contractor. Reimbursement for training is based on the
number of hours of on the job training documented on the Form 832 and approved by the Engineer. The
Contractor shall explain discrepancies between the hours documented on Form 832 and the corresponding
certified payrolls.
14. The OJT goal (# of training hours required) for the project will be included in the Project Special Provisions
and will be determined by the Regional Civil Rights Manager after considering:
A. Availability of minorities, women, and disadvantaged for training;
B. The potential for effective training;
C. Duration of the Contract;
D. Dollar value of the Contract;
E. Total normal work force that the average bidder could be expected to use;
F. Geographic location;
G. Type of work; and
H. The need for additional journey workers in the area
I. The general guidelines for minimum total training hours are as follows:
Contract dollar value
Minimum total training
hours to be provided
on the project
Up to 1 million 0
>1 - 2 million 320
>2 - 4 million 640
>4 - 6 million 1280
>6 - 8 million 1600
>8 - 12 million 1920
>12 - 16 million 2240
>16 - 20 million 2560
For each increment of
$5 million, over $20
million
1280
July 29, 2011
3
ON THE JOB TRAINING
15. The number of training hours for the trainees to be employed on the project shall be as shown in the
Contract. The trainees or apprentices employed under the Contract shall be registered with the
Department using Form 838, and must be approved by the Regional Civil Rights Manager before training
begins for the participation to be counted toward the OJT project goal. The goal will be met by an
approved trainee or apprentice working on that project; or, if a Contractor’s apprentice is enrolled in a
DOL approved apprenticeship program and registered with CDOT using Form 838 and working for the
Contractor on a non-CDOT project. The hours worked on the non-CDOT project may be counted toward
the project goal with approved documentation on Form 832. Training hours will be counted toward one
project goal.
16. Subcontractor trainees who are enrolled in an approved Program may be used by the Contractor to
satisfy the requirements of this specification.
17. The Contractor will be reimbursed $2.00per hour worked for each apprentice or trainee working on a
CDOT project and whose participation toward the OJT project goal has been approved
18. The Contractor shall have fulfilled its responsibilities under this specification if the CDOT Regional Civil
Rights Manager has determined that it has provided acceptable number of training hours.
19. Failure to provide the required training will result in the following disincentives: A sum representing the
number of training hours specified in the Contract, minus the number of training hours worked as certified
on Form 832, multiplied by the journey worker hourly wages plus fringe benefits [(A hours – B hours
worked) x (C dollar per hour + D fringe benefits)] = Disincentives Assessed. Wage rate will be determined
by averaging the wages for the crafts listed on Form 1337. The Engineer will provide the Contractor with
a written notice at Final Acceptance of the project informing the Contractor of the noncompliance with this
specification which will include a calculation of the disincentives to be assessed.
February 3, 2011
PARTNERING PROGRAM
The Colorado Department of Transportation actively encourages partnering and invites the Contractor and his
subcontractors and suppliers to participate in a voluntary partnering agreement for this project.
The following information summarizes the partnering process. More information is available through the Resident
Engineer listed in the project special provisions.
This partnership will be structured to draw on the strengths of each organization to identify and achieve mutual goals.
The objectives are effective and efficient Contract performance with reciprocal cooperation, and completion within
budget, on schedule, and in accordance with the Contract.
This partnership will be bilateral in make-up and all costs associated with this partnership will be agreed to by both
parties and will be shared equally. The Contractor shall assume full responsibility for all costs associated with
partnering during the implementation of the partnering process. CDOT will reimburse the Contractor for the agreed
amount.
The CDOT Program Engineer or the Resident Engineer will contact the Contractor within ten days after the award of
this project to ask if the Contractor wants to implement this partnership initiative. If the Contractor agrees, the
Contractor's on-site project manager shall meet with CDOT's Resident Engineer to plan a partnering development and
team building workshop. At this planning session, arrangements shall be made to determine the facilitator and the
workshop, attendees, agenda, duration, and location.
The workshop shall be held prior to the commencement of any major work item and preferably before the
preconstruction conference. The following persons shall attend the workshop: CDOT's Resident Engineer, Project
Engineer, and key project personnel; the Contractor's on-site project manager and key project supervision personnel;
and the subcontractors' key project supervision personnel. The following personnel shall also be invited to attend as
needed: project design engineer, key local government personnel, suppliers, design consultants, CDOT maintenance
foreman, CDOT environmental manager, key railroad personnel, and key utility personnel. The Contractor and CDOT
shall also have Regional or District managers and Corporate or State level managers on the partnering team.
Follow-up workshops may be held periodically throughout the duration of the Contract as agreed by the Contractor
and the Engineer at the initial workshop. A closeout workshop shall be held to evaluate the effectiveness of the
partnership.
The establishment of a partnership charter, which identifies the workshop participants' mutual goals on the project, will
not change the legal relationship of the parties to the Contract or relieve either party from any terms of the Contract.
February 3, 2011
RAILROAD INSURANCE
The Contractor shall carry insurance of the following kinds and amounts:
A. CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE LIABILITY INSURANCE.
The Contractor shall furnish evidence to the Department that with respect to the operations the Contractor performs,
the Contractor carries Contractor's Public Liability Insurance providing for a limit of not less than One Million Dollars
($1,000,000.00) for all damages arising out of bodily injuries to or death of one person and subject to that limit for
each person, a total limit of Two Million Dollars ($2,000,000.00) for all damages arising out of bodily injuries to or
death of two or more persons in any one occurrence; and Contractor's Property Damage Liability Insurance providing
for a limit of not less than One Million Dollars ($1,000,000.00) for all damages arising out of injury to or destruction of
property in any one occurrence and subject to that limit per occurrence, a total (or aggregate) limit of Two Million
Dollars ($2,000,000.00) for all damages arising out of injury to or destruction of property during the policy period.
If any part of the work affecting railroad property or facilities is sublet, similar insurance shall be provided by or in
behalf of the subcontractor(s) involved.
B. CONTRACTOR'S PROTECTIVE PUBLIC LIABILITY AND PROPERTY DAMAGE LIABILITY INSURANCE.
The Contractor shall furnish evidence to the Department that with respect to the operations performed for the
Contractor by subcontractors, the Contractor carries in its own behalf Contractor's Protective Public Liability Insurance
providing for a limit of not less than One Million Dollars ($1,000,000.00) for all damages arising out of bodily injuries to
or death of one person and subject to that limit for each person a total limit of Two Million Dollars ($2,000,000.00) for
all damages arising out of bodily injuries to or death of two or more persons in any one occurrence; and Contractor's
Protective Property Damage Liability Insurance providing for a limit of not less than One Million Dollars
($1,000,000.00) for all damages arising out of injury to or destruction of property in any one occurrence, and subject
to that limit per occurrence, a total (or aggregate) limit of Two Million Dollars ($2,000,000.00) for all damages arising
out of injury to or destruction of property during the policy period.
C. RAILROAD'S PROTECTIVE LIABILITY AND PROPERTY DAMAGE INSURANCE.
In addition to the above, the Contractor shall furnish evidence to the Department that with respect to the operations
the Contractor or any of its subcontractors perform, the Contractor has provided for and in behalf of the Railroad
Company, and each Railroad Company when more than one is involved, Railroad Protective Public Liability and
Property Damage Insurance providing for a combined single limit of Two Million Dollars ($2,000,000.00) per
occurrence with an aggregate limit of six Million Dollars ($6,000,000.00) applying separately for each annual period
for:
1. All damages arising out of bodily injuries to or death of one or more persons.
2. All damages arising out of injury to or destruction of property.
D. GENERAL.
Said policy or policies of insurance shall be deemed to comply with the requirements of this Special Provision if each
of said policies contains a properly completed and executed "Railroad Protective Liability Form", reference copies of
which are available from the Agreements Engineer of the Colorado Department of Transportation, 4201 East
Arkansas Avenue, Denver, Colorado 80222.
Certificates of insurance required under A. and B. above, and policy or policies of Insurance required under C. above
shall be furnished to the Department's Agreements Engineer for transmittal to the Railroad Company's Insurance
Department.
The insurance hereinbefore specified shall be carried until all work required to be performed under the terms of the
Contract is satisfactorily completed as evidenced by the formal acceptance of the Department. The Railroad Company
shall be furnished with the original of each policy carried in its behalf.
July 19, 2012
1
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
Attached is Form FHWA 1273 titled Required Contract Provisions Federal-Aid Construction Contracts. As described
in Section I. General, the provisions of Form FHWA 1273 apply to all work performed under the Contract and are to
be included in all subcontracts with the following modification:
The weekly payrolls submitted by contractors and subcontractors in accordance with Part V., paragraph 2c shall not
include full social security numbers and home addresses. Instead, the payrolls shall only need to include an
individually identifying number for each employee (e.g. the last four digits of the employee’s social security number).
Contractors and subcontractors shall maintain the full social security number and current address of each covered
worker, and shall provide them to the SHA upon request.
July 19, 2012
2
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
FHWA-1273 -- Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Nonsegregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water Pollution
Control Act
X. Compliance with Governmentwide Suspension and
Debarment Requirements
XI. Certification Regarding Use of Contract Funds for Lobbying
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access Road
Contracts (included in Appalachian contracts only)
I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each
construction contract funded under Title 23 (excluding emergency
contracts solely intended for debris removal). The contractor (or
subcontractor) must insert this form in each subcontract and further
require its inclusion in all lower tier subcontracts (excluding
purchase orders, rental agreements and other agreements for
supplies or services).
The applicable requirements of Form FHWA-1273 are incorporated
by reference for work done under any purchase order, rental
agreement or agreement for other services. The prime contractor
shall be responsible for compliance by any subcontractor, lower-tier
subcontractor or service provider.
Form FHWA-1273 must be included in all Federal-aid design-build
contracts, in all subcontracts and in lower tier subcontracts
(excluding subcontracts for design services, purchase orders, rental
agreements and other agreements for supplies or services). The
design-builder shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in bid
proposal or request for proposal documents, however, the Form
FHWA-1273 must be physically incorporated (not referenced) in all
contracts, subcontracts and lower-tier subcontracts (excluding
purchase orders, rental agreements and other agreements for
supplies or services related to a construction contract).
2. Subject to the applicability criteria noted in the following sections,
these contract provisions shall apply to all work performed on the
contract by the contractor's own organization and with the
assistance of workers under the contractor's immediate
superintendence and to all work performed on the contract by
piecework, station work, or by subcontract.
3. A breach of any of the stipulations contained in these Required
Contract Provisions may be sufficient grounds for withholding of
progress payments, withholding of final payment, termination of the
contract, suspension / debarment or any other action determined to
be appropriate by the contracting agency and FHWA.
July 19, 2012
3
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
of its terms and conditions of employment and in their review of
activities under the contract.
b. The contractor will accept as its operating policy the following
statement:
"It is the policy of this Company to assure that applicants are
employed, and that employees are treated during employment,
without regard to their race, religion, sex, color, national origin,
age or disability. Such action shall include: employment,
upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship,
pre-apprenticeship, and/or on-the-job training."
2. EEO Officer: The contractor will designate and make known to
the contracting officers an EEO Officer who will have the
responsibility for and must be capable of effectively administering
and promoting an active EEO program and who must be assigned
adequate authority and responsibility to do so.
3. Dissemination of Policy: All members of the contractor's staff
who are authorized to hire, supervise, promote, and discharge
employees, or who recommend such action, or who are substantially
involved in such action, will be made fully cognizant of, and will
implement, the contractor's EEO policy and contractual
responsibilities to provide EEO in each grade and classification of
employment. To ensure that the above agreement will be met, the
following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then not
less often than once every six months, at which time the contractor's
EEO policy and its implementation will be reviewed and explained.
The meetings will be conducted by the EEO Officer.
b. All new supervisory or personnel office employees will be given
a thorough indoctrination by the EEO Officer, covering all major
aspects of the contractor's EEO obligations within thirty days
following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for the
project will be instructed by the EEO Officer in the contractor's
procedures for locating and hiring minorities and women.
d. Notices and posters setting forth the contractor's EEO policy
will be placed in areas readily accessible to employees, applicants
for employment and potential employees.
e. The contractor's EEO policy and the procedures to implement
such policy will be brought to the attention of employees by means
of meetings, employee handbooks, or other appropriate means.
4. Recruitment: When advertising for employees, the contractor will
include in all advertisements for employees the notation: "An Equal
Opportunity Employer." All such advertisements will be placed in
publications having a large circulation among minorities and women
in the area from which the project work force would normally be
derived.
a. The contractor will, unless precluded by a valid bargaining
agreement, conduct systematic and direct recruitment through public
and private employee referral sources likely to yield qualified
minorities and women. To meet this requirement, the contractor will
identify sources of potential minority group employees, and establish
with such identified sources procedures whereby minority and
women applicants may be referred to the contractor for employment
July 19, 2012
4
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
special provision. The contracting agency may reserve training
positions for persons who receive welfare assistance in accordance
with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and promotion
potential of employees who are minorities and women and will
encourage eligible employees to apply for such training and
promotion.
7. Unions: If the contractor relies in whole or in part upon unions as a
source of employees, the contractor will use good faith efforts to
obtain the cooperation of such unions to increase opportunities for
minorities and women. Actions by the contractor, either directly or
through a contractor's association acting as agent, will include the
procedures set forth below:
a. The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs aimed toward
qualifying more minorities and women for membership in the unions
and increasing the skills of minorities and women so that they may
qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEO
clause into each union agreement to the end that such union will be
contractually bound to refer applicants without regard to their race,
color, religion, sex, national origin, age or disability.
c. The contractor is to obtain information as to the referral practices
and policies of the labor union except that to the extent such
information is within the exclusive possession of the labor union and
such labor union refuses to furnish such information to the contractor,
the contractor shall so certify to the contracting agency and shall set
forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a
reasonable flow of referrals within the time limit set forth in the
collective bargaining agreement, the contractor will, through
independent recruitment efforts, fill the employment vacancies without
regard to race, color, religion, sex, national origin, age or disability;
making full efforts to obtain qualified and/or qualifiable minorities and
women. The failure of a union to provide sufficient referrals (even
though it is obligated to provide exclusive referrals under the terms of
a collective bargaining agreement) does not relieve the contractor
from the requirements of this paragraph. In the event the union
referral practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these special
provisions, such contractor shall immediately notify the contracting
agency.
8. Reasonable Accommodation for Applicants / Employees with
Disabilities: The contractor must be familiar with the requirements
for and comply with the Americans with Disabilities Act and all rules
and regulations established there under. Employers must provide
reasonable accommodation in all employment activities unless to do
so would cause an undue hardship.
9. Selection of Subcontractors, Procurement of Materials and
Leasing of Equipment: The contractor shall not discriminate on the
grounds of race, color, religion, sex, national origin, age or disability in
the selection and retention of subcontractors, including procurement
of materials and leases of equipment. The contractor shall take all
July 19, 2012
5
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
The contractor must ensure that facilities provided for employees
are provided in such a manner that segregation on the basis of race,
color, religion, sex, or national origin cannot result. The contractor
may neither require such segregated use by written or oral policies
nor tolerate such use by employee custom. The contractor's
obligation extends further to ensure that its employees are not
assigned to perform their services at any location, under the
contractor's control, where the facilities are segregated. The term
"facilities" includes waiting rooms, work areas, restaurants and other
eating areas, time clocks, restrooms, washrooms, locker rooms, and
other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing
provided for employees. The contractor shall provide separate or
single-user restrooms and necessary dressing or sleeping areas to
assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT
PROVISIONS
This section is applicable to all Federal-aid construction projects
exceeding $2,000 and to all related subcontracts and lower-tier
subcontracts (regardless of subcontract size). The requirements
apply to all projects located within the right-of-way of a roadway that
is functionally classified as Federal-aid highway. This excludes
roadways functionally classified as local roads or rural minor
collectors, which are exempt. Contracting agencies may elect to
apply these requirements to other projects.
The following provisions are from the U.S. Department of Labor
regulations in 29 CFR 5.5 “Contract provisions and related matters”
with minor revisions to conform to the FHWA-1273 format and
FHWA program requirements.
1. Minimum wages
a. All laborers and mechanics employed or working upon the site
of the work, will be paid unconditionally and not less often than once
a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by regulations
issued by the Secretary of Labor under the Copeland Act (29 CFR
part 3)), the full amount of wages and bona fide fringe benefits (or
cash equivalents thereof) due at time of payment computed at rates
not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof,
regardless of any contractual relationship which may be alleged to
exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide
fringe benefits under section 1(b)(2) of the Davis-Bacon Act on
behalf of laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of paragraph 1.d. of
this section; also, regular contributions made or costs incurred for
more than a weekly period (but not less often than quarterly) under
plans, funds, or programs which cover the particular weekly period,
are deemed to be constructively made or incurred during such
weekly period. Such laborers and mechanics shall be paid the
appropriate wage rate and fringe benefits on the wage determination
for the classification of work actually performed, without regard to
skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics
performing work in more than one classification may be
compensated at the rate specified for each classification for the time
actually worked therein: Provided, That the employer's payroll
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REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
benefit which is not expressed as an hourly rate, the contractor
shall either pay the benefit as stated in the wage determination or
shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
d. If the contractor does not make payments to a trustee or other
third person, the contractor may consider as part of the wages of
any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or
program, Provided, That the Secretary of Labor has found, upon the
written request of the contractor, that the applicable standards of the
Davis-Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account assets for
the meeting of obligations under the plan or program.
2. Withholding
The contracting agency shall upon its own action or upon written
request of an authorized representative of the Department of Labor,
withhold or cause to be withheld from the contractor under this
contract, or any other Federal contract with the same prime
contractor, or any other federally-assisted contract subject to Davis-
Bacon prevailing wage requirements, which is held by the same
prime contractor, so much of the accrued payments or advances as
may be considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages required by
the contract. In the event of failure to pay any laborer or mechanic,
including any apprentice, trainee, or helper, employed or working on
the site of the work, all or part of the wages required by the contract,
the contracting agency may, after written notice to the contractor,
take such action as may be necessary to cause the suspension of
any further payment, advance, or guarantee of funds until such
violations have ceased.
3. Payrolls and basic records
a. Payrolls and basic records relating thereto shall be maintained
by the contractor during the course of the work and preserved for a
period of three years thereafter for all laborers and mechanics
working at the site of the work. Such records shall contain the name,
address, and social security number of each such worker, his or her
correct classification, hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or
cash equivalents thereof of the types described in section 1(b)(2)(B)
of the Davis-Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the Secretary of
Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any
laborer or mechanic include the amount of any costs reasonably
anticipated in providing benefits under a plan or program described
in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall
maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated
in writing to the laborers or mechanics affected, and records which
show the costs anticipated or the actual cost incurred in providing
such benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee
programs, the registration of the apprentices and trainees, and the
ratios and wage rates prescribed in the applicable programs.
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REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
c. The contractor or subcontractor shall make the records
required under paragraph 3.a. of this section available for
inspection, copying, or transcription by authorized representatives
of the contracting agency, the State DOT, the FHWA, or the
Department of Labor, and shall permit such representatives to
interview employees during working hours on the job. If the
contractor or subcontractor fails to submit the required records or
to make them available, the FHWA may, after written notice to the
contractor, the contracting agency or the State DOT, take such
action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds. Furthermore, failure to
submit the required records upon request or to make such records
available may be grounds for debarment action pursuant to 29
CFR 5.12.
4. Apprentices and trainees
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with a
State Apprenticeship Agency recognized by the Office, or if a
person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program,
who is not individually registered in the program, but who has been
certified by the Office of Apprenticeship Training, Employer and
Labor Services or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an
apprentice.
The allowable ratio of apprentices to journeymen on the job site in
any craft classification shall not be greater than the ratio permitted
to the contractor as to the entire work force under the registered
program. Any worker listed on a payroll at an apprentice wage rate,
who is not registered or otherwise employed as stated above, shall
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In
addition, any apprentice performing work on the job site in excess
of the ratio permitted under the registered program shall be paid
not less than the applicable wage rate on the wage determination
for the work actually performed. Where a contractor is performing
construction on a project in a locality other than that in which its
program is registered, the ratios and wage rates (expressed in
percentages of the journeyman's hourly rate) specified in the
contractor's or subcontractor's registered program shall be
observed.
Every apprentice must be paid at not less than the rate specified in
the registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate specified
in the applicable wage determination. Apprentices shall be paid
fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not
specify fringe benefits, apprentices must be paid the full amount of
fringe benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification, fringes
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REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part 3,
which are incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor shall insert
Form FHWA-1273 in any subcontracts and also require the
subcontractors to include Form FHWA-1273 in any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all
the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment. A breach of the contract
clauses in 29 CFR 5.5 may be grounds for termination of the
contract, and for debarment as a contractor and a subcontractor as
provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis-Bacon
and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein
incorporated by reference in this contract.
9. Disputes concerning labor standards. Disputes arising out of
the labor standards provisions of this contract shall not be subject
to the general disputes clause of this contract. Such disputes shall
be resolved in accordance with the procedures of the Department
of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the contractor (or
any of its subcontractors) and the contracting agency, the U.S.
Department of Labor, or the employees or their representatives.
10. Certification of eligibility.
a. By entering into this contract, the contractor certifies that neither
it (nor he or she) nor any person or firm who has an interest in the
contractor's firm is a person or firm ineligible to be awarded
Government contracts by virtue of section 3(a) of the Davis-Bacon
Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person or
firm ineligible for award of a Government contract by virtue of
section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
c. The penalty for making false statements is prescribed in the U.S.
Criminal Code, 18 U.S.C. 1001.
V. CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
The following clauses apply to any Federal-aid construction
contract in an amount in excess of $100,000 and subject to the
overtime provisions of the Contract Work Hours and Safety
Standards Act. These clauses shall be inserted in addition to the
clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this
paragraph, the terms laborers and mechanics include watchmen
and guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he
or she is employed on such work to work in excess of forty hours in
such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the
basic rate of pay for all hours worked in excess of forty hours in
such workweek.
2. Violation; liability for unpaid wages; liquidated damages. In
the event of any violation of the clause set forth in paragraph (1.) of
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REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
equipment owned or rented by the prime contractor, with or
without operators. Such term does not include employees or
equipment of a subcontractor or lower tier subcontractor, agents of
the prime contractor, or any other assignees. The term may
include payments for the costs of hiring leased employees from an
employee leasing firm meeting all relevant Federal and State
regulatory requirements. Leased employees may only be included
in this term if the prime contractor meets all of the following
conditions:
(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased employees;
(2) the prime contractor remains responsible for the quality of
the work of the leased employees;
(3) the prime contractor retains all power to accept or
exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for the
payment of predetermined minimum wages, the submission of
payrolls, statements of compliance and all other Federal
regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that
requires highly specialized knowledge, abilities, or equipment not
ordinarily available in the type of contracting organizations qualified
and expected to bid or propose on the contract as a whole and in
general are to be limited to minor components of the overall
contract.
2. The contract amount upon which the requirements set forth in
paragraph (1) of Section VI is computed includes the cost of
material and manufactured products which are to be purchased or
produced by the contractor under the contract provisions.
3. The contractor shall furnish (a) a competent superintendent or
supervisor who is employed by the firm, has full authority to direct
performance of the work in accordance with the contract
requirements, and is in charge of all construction operations
(regardless of who performs the work) and (b) such other of its own
organizational resources (supervision, management, and
engineering services) as the contracting officer determines is
necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise
disposed of except with the written consent of the contracting
officer, or authorized representative, and such consent when given
shall not be construed to relieve the contractor of any responsibility
for the fulfillment of the contract. Written consent will be given only
after the contracting agency has assured that each subcontract is
evidenced in writing and that it contains all pertinent provisions and
requirements of the prime contract.
5. The 30% self-performance requirement of paragraph (1) is not
applicable to design-build contracts; however, contracting agencies
may establish their own self-performance requirements.
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction contracts
and to all related subcontracts.
1. In the performance of this contract the contractor shall comply
with all applicable Federal, State, and local laws governing safety,
health, and sanitation (23 CFR 635). The contractor shall provide
all safeguards, safety devices and protective equipment and take
any other needed actions as it determines, or as the contracting
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FEDERAL-AID CONSTRUCTION CONTRACTS
Whoever knowingly makes any false statement or false representation as
to material fact in any statement, certificate, or report submitted pursuant
to provisions of the Federal-aid Roads Act approved July 1, 1916, (39
Stat. 355), as amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 years or
both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
This provision is applicable to all Federal-aid construction contracts and
to all related subcontracts.
By submission of this bid/proposal or the execution of this contract, or
subcontract, as appropriate, the bidder, proposer, Federal-aid construction
contractor, or subcontractor, as appropriate, will be deemed to have
stipulated as follows:
1. That any person who is or will be utilized in the performance of this
contract is not prohibited from receiving an award due to a violation of
Section 508 of the Clean Water Act or Section 306 of the Clean Air Act.
2. That the contractor agrees to include or cause to be included the
requirements of paragraph (1) of this Section X in every subcontract, and
further agrees to take such action as the contracting agency may direct as
a means of enforcing such requirements.
X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
This provision is applicable to all Federal-aid construction contracts,
design-build contracts, subcontracts, lower-tier subcontracts, purchase
orders, lease agreements, consultant contracts or any other covered
transaction requiring FHWA approval or that is estimated to cost $25,000
or more – as defined in 2 CFR Parts 180 and 1200.
1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective first tier
participant is providing the certification set out below.
b. The inability of a person to provide the certification set out below
will not necessarily result in denial of participation in this covered
transaction. The prospective first tier participant shall submit an
explanation of why it cannot provide the certification set out below. The
certification or explanation will be considered in connection with the
department or agency's determination whether to enter into this
transaction. However, failure of the prospective first tier participant to
furnish a certification or an explanation shall disqualify such a person
from participation in this transaction.
c. The certification in this clause is a material representation of fact
upon which reliance was placed when the contracting agency determined
to enter into this transaction. If it is later determined that the prospective
participant knowingly rendered an erroneous certification, in addition to
other remedies available to the Federal Government, the contracting
agency may terminate this transaction for cause of default.
d. The prospective first tier participant shall provide immediate written
notice to the contracting agency to whom this proposal is submitted if any
time the prospective first tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed
circumstances.
e. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "participant," "person," "principal," and "voluntarily
excluded," as used in this clause, are defined in 2 CFR Parts 180 and
1200. “First Tier Covered Transactions” refers to any covered transaction
between a grantee or subgrantee of Federal funds and a participant (such
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2. Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion – First Tier Participants:
a. The prospective first tier participant certifies to the best of its
knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal department or
agency;
(2) Have not within a three-year period preceding this proposal
been convicted of or had a civil judgment rendered against them
for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal,
State or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or local)
with commission of any of the offenses enumerated in paragraph
(a)(2) of this certification; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal,
State or local) terminated for cause or default.
b. Where the prospective participant is unable to certify to any of
the statements in this certification, such prospective participant
shall attach an explanation to this proposal.
2. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other lower
tier transactions requiring prior FHWA approval or estimated to
cost $25,000 or more - 2 CFR Parts 180 and 1200)
a. By signing and submitting this proposal, the prospective lower
tier is providing the certification set out below.
b. The certification in this clause is a material representation of
fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government,
the department, or agency with which this transaction originated
may pursue available remedies, including suspension and/or
debarment.
c. The prospective lower tier participant shall provide immediate
written notice to the person to which this proposal is submitted if at
any time the prospective lower tier participant learns that its
certification was erroneous by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "participant," "person," "principal," and "voluntarily
excluded," as used in this clause, are defined in 2 CFR Parts 180
and 1200. You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those regulations.
“First Tier Covered Transactions” refers to any covered transaction
between a grantee or subgrantee of Federal funds and a
participant (such as the prime or general contract). “Lower Tier
Covered Transactions” refers to any covered transaction under a
First Tier Covered Transaction (such as subcontracts). “First Tier
Participant” refers to the participant who has entered into a covered
transaction with a grantee or subgrantee of Federal funds (such as
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REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
prospective participant shall attach an explanation to this proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts
and to all related subcontracts which exceed $100,000 (49 CFR
20).
1. The prospective participant certifies, by signing and submitting
this bid or proposal, to the best of his or her knowledge and belief,
that:
a. No Federal appropriated funds have been paid or will be paid,
by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by 31 U.S.C. 1352. Any
person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
3. The prospective participant also agrees by submitting its bid or
proposal that the participant shall require that the language of this
certification be included in all lower tier subcontracts, which exceed
$100,000 and that all such recipients shall certify and disclose
accordingly.
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STATE OF COLORADO
CITY OF FORT COLLINS & LARIMER COUNTY
CONSTRUCTION BID PLANS OF PROPOSED
FEDERAL AID PROJECT NO. AQC M455-071
MASON GRADE SEPARATION AT NRRC
LARIMER COUNTY
CONSTRUCTION PROJECT CODE NO. 15279
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the prime or general contractor). “Lower Tier Participant” refers
any participant who has entered into a covered transaction with a
First Tier Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
e. The prospective lower tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with
which this transaction originated.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion-Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions exceeding the
$25,000 threshold.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows
that the certification is erroneous. A participant is responsible for
ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To verify
the eligibility of its principals, as well as the eligibility of any lower
tier prospective participants, each participant may, but is not
required to, check the Excluded Parties List System website
(https://www.epls.gov/), which is compiled by the General Services
Administration.
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge
and information of participant is not required to exceed that which
is normally possessed by a prudent person in the ordinary course
of business dealings.
i. Except for transactions authorized under paragraph e of these
instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency
with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
* * * * *
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion--Lower Tier Participants:
1. The prospective lower tier participant certifies, by submission of
this proposal, that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participating in covered transactions by
any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify
to any of the statements in this certification, such
as the prime or general contract). “Lower Tier Covered Transactions”
refers to any covered transaction under a First Tier Covered Transaction
(such as subcontracts). “First Tier Participant” refers to the participant
who has entered into a covered transaction with a grantee or subgrantee of
Federal funds (such as the prime or general contractor). “Lower Tier
Participant” refers any participant who has entered into a covered
transaction with a First Tier Participant or other Lower Tier Participants
(such as subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting this
proposal that, should the proposed covered transaction be entered into, it
shall not knowingly enter into any lower tier covered transaction with a
person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized
by the department or agency entering into this transaction.
g. The prospective first tier participant further agrees by submitting this
proposal that it will include the clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower
Tier Covered Transactions," provided by the department or contracting
agency, entering into this covered transaction, without modification, in all
lower tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the $25,000 threshold.
h. A participant in a covered transaction may rely upon a certification
of a prospective participant in a lower tier covered transaction that is not
debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A
participant is responsible for ensuring that its principals are not
suspended, debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as the
eligibility of any lower tier prospective participants, each participant may,
but is not required to, check the Excluded Parties List System website
(https://www.epls.gov/), which is compiled by the General Services
Administration.
i. Nothing contained in the foregoing shall be construed to require the
establishment of a system of records in order to render in good faith the
certification required by this clause. The knowledge and information of
the prospective participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of business
dealings.
j. Except for transactions authorized under paragraph (f) of these
instructions, if a participant in a covered transaction knowingly enters into
a lower tier covered transaction with a person who is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause or default.
* * * * *
.
officer may determine, to be reasonably necessary to protect the
life and health of employees on the job and the safety of the public
and to protect property in connection with the performance of the
work covered by the contract.
2. It is a condition of this contract, and shall be made a condition of
each subcontract, which the contractor enters into pursuant to this
contract, that the contractor and any subcontractor shall not permit
any employee, in performance of the contract, to work in
surroundings or under conditions which are unsanitary, hazardous
or dangerous to his/her health or safety, as determined under
construction safety and health standards (29 CFR 1926)
promulgated by the Secretary of Labor, in accordance with Section
107 of the Contract Work Hours and Safety Standards Act (40
U.S.C. 3704).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that
the Secretary of Labor or authorized representative thereof, shall
have right of entry to any site of contract performance to inspect or
investigate the matter of compliance with the construction safety
and health standards and to carry out the duties of the Secretary
under Section 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C.3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made by
engineers, contractors, suppliers, and workers on Federal-aid
highway projects, it is essential that all persons concerned with the
project perform their functions as carefully, thoroughly, and
honestly as possible. Willful falsification, distortion, or
misrepresentation with respect to any facts related to the project is
a violation of Federal law. To prevent any misunderstanding
regarding the seriousness of these and similar acts, Form FHWA-
1022 shall be posted on each Federal-aid highway project (23 CFR
635) in one or more places where it is readily available to all
persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether a person,
association, firm, or corporation, knowingly makes any false
statement, false representation, or false report as to the character,
quality, quantity, or cost of the material used or to be used, or the
quantity or quality of the work performed or to be performed, or the
cost thereof in connection with the submission of plans, maps,
specifications, contracts, or costs of construction on any highway
or related project submitted for approval to the Secretary of
Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to be
performed, or materials furnished or to be furnished, in connection
with the construction of any highway or related project approved by
the Secretary of Transportation; or
this section, the contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in
the case of work done under contract for the District of Columbia or
a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen
and guards, employed in violation of the clause set forth in
paragraph (1.) of this section, in the sum of $10 for each calendar
day on which such individual was required or permitted to work in
excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in paragraph
(1.) of this section.
3. Withholding for unpaid wages and liquidated damages. The
FHWA or the contacting agency shall upon its own action or upon
written request of an authorized representative of the Department
of Labor withhold or cause to be withheld, from any moneys
payable on account of work performed by the contractor or
subcontractor under any such contract or any other Federal
contract with the same prime contractor, or any other federally-
assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such
sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph
(2.) of this section.
4. Subcontracts. The contractor or subcontractor shall insert in
any subcontracts the clauses set forth in paragraph (1.) through
(4.) of this section and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth
in paragraphs (1.) through (4.) of this section.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts
on the National Highway System.
1. The contractor shall perform with its own organization contract
work amounting to not less than 30 percent (or a greater
percentage if specified elsewhere in the contract) of the total
original contract price, excluding any specialty items designated by
the contracting agency. Specialty items may be performed by
subcontract and the amount of any such specialty items performed
may be deducted from the total original contract price before
computing the amount of work required to be performed by the
contractor's own organization (23 CFR 635.116).
a. The term “perform work with its own organization” refers to
workers employed or leased by the prime contractor, and
shall be paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer and
Labor Services, or a State Apprenticeship Agency recognized by
the Office, withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to utilize apprentices at less
than the applicable predetermined rate for the work performed until
an acceptable program is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be permitted
to work at less than the predetermined rate for the work performed
unless they are employed pursuant to and individually registered in
a program which has received prior approval, evidenced by formal
certification by the U.S. Department of Labor, Employment and
Training Administration.
The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the Employment
and Training Administration.
Every trainee must be paid at not less than the rate specified in the
approved program for the trainee's level of progress, expressed as
a percentage of the journeyman hourly rate specified in the
applicable wage determination. Trainees shall be paid fringe
benefits in accordance with the provisions of the trainee program. If
the trainee program does not mention fringe benefits, trainees shall
be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and Hour
Division determines that there is an apprenticeship program
associated with the corresponding journeyman wage rate on the
wage determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee rate
who is not registered and participating in a training plan approved
by the Employment and Training Administration shall be paid not
less than the applicable wage rate on the wage determination for
the classification of work actually performed. In addition, any
trainee performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less than
the applicable wage rate on the wage determination for the work
actually performed.
In the event the Employment and Training Administration
withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable
program is approved.
c. Equal employment opportunity. The utilization of apprentices,
trainees and journeymen under this part shall be in conformity with
the equal employment opportunity requirements of Executive Order
11246, as amended, and 29 CFR part 30.
d. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and skill
training programs which have been certified by the Secretary of
Transportation as promoting EEO in connection with Federal-aid
highway construction programs are not subject to the requirements
of paragraph 4 of this Section IV. The straight time hourly wage
rates for apprentices and trainees under such programs will be
established by the particular programs. The ratio of apprentices
and trainees to journeymen shall not be greater than permitted by
the terms of the particular program.
b. (1) The contractor shall submit weekly for each week in which
any contract work is performed a copy of all payrolls to the
contracting agency. The payrolls submitted shall set out accurately
and completely all of the information required to be maintained
under 29 CFR 5.5(a)(3)(i), except that full social security numbers
and home addresses shall not be included on weekly transmittals.
Instead the payrolls shall only need to include an individually
identifying number for each employee ( e.g. , the last four digits of
the employee's social security number). The required weekly payroll
information may be submitted in any form desired. Optional Form
WH–347 is available for this purpose from the Wage and Hour
Division Web site at
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor
site. The prime contractor is responsible for the submission of
copies of payrolls by all subcontractors. Contractors and
subcontractors shall maintain the full social security number and
current address of each covered worker, and shall provide them
upon request to the contracting agency for transmission to the State
DOT, the FHWA or the Wage and Hour Division of the Department
of Labor for purposes of an investigation or audit of compliance with
prevailing wage requirements. It is not a violation of this section for a
prime contractor to require a subcontractor to provide addresses
and social security numbers to the prime contractor for its own
records, without weekly submission to the contracting agency..
(2) Each payroll submitted shall be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor or his or her
agent who pays or supervises the payment of the persons employed
under the contract and shall certify the following:
(i) That the payroll for the payroll period contains the
information required to be provided under §5.5 (a)(3)(ii) of
Regulations, 29 CFR part 5, the appropriate information is being
maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5,
and that such information is correct and complete;
(ii) That each laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during the
payroll period has been paid the full weekly wages earned,
without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from the
full wages earned, other than permissible deductions as set forth
in Regulations, 29 CFR part 3;
(iii) That each laborer or mechanic has been paid not less
than the applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed, as specified
in the applicable wage determination incorporated into the
contract.
(3) The weekly submission of a properly executed certification
set forth on the reverse side of Optional Form WH–347 shall
satisfy the requirement for submission of the “Statement of
Compliance” required by paragraph 3.b.(2) of this section.
(4) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 of title
31 of the United States Code.
records accurately set forth the time spent in each classification in
which work is performed. The wage determination (including any
additional classification and wage rates conformed under paragraph
1.b. of this section) and the Davis-Bacon poster (WH–1321) shall be
posted at all times by the contractor and its subcontractors at the
site of the work in a prominent and accessible place where it can be
easily seen by the workers.
b. (1) The contracting officer shall require that any class of
laborers or mechanics, including helpers, which is not listed in the
wage determination and which is to be employed under the contract
shall be classified in conformance with the wage determination. The
contracting officer shall approve an additional classification and
wage rate and fringe benefits therefore only when the following
criteria have been met:
(i) The work to be performed by the classification requested is
not performed by a classification in the wage determination; and
(ii) The classification is utilized in the area by the construction
industry; and
(iii) The proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their representatives,
and the contracting officer agree on the classification and wage
rate (including the amount designated for fringe benefits where
appropriate), a report of the action taken shall be sent by the
contracting officer to the Administrator of the Wage and Hour
Division, Employment Standards Administration, U.S. Department
of Labor, Washington, DC 20210. The Administrator, or an
authorized representative, will approve, modify, or disapprove
every additional classification action within 30 days of receipt and
so advise the contracting officer or will notify the contracting officer
within the 30-day period that additional time is necessary.
(3) In the event the contractor, the laborers or mechanics to be
employed in the classification or their representatives, and the
contracting officer do not agree on the proposed classification and
wage rate (including the amount designated for fringe benefits,
where appropriate), the contracting officer shall refer the
questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Wage and Hour
Administrator for determination. The Wage and Hour
Administrator, or an authorized representative, will issue a
determination within 30 days of receipt and so advise the
contracting officer or will notify the contracting officer within the 30-
day period that additional time is necessary.
(4) The wage rate (including fringe benefits where appropriate)
determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this
section, shall be paid to all workers performing work in the
classification under this contract from the first day on which work
is performed in the classification.
c. Whenever the minimum wage rate prescribed in the contract
for a class of laborers or mechanics includes a fringe
necessary and reasonable steps to ensure nondiscrimination in the
administration of this contract.
a. The contractor shall notify all potential subcontractors and
suppliers and lessors of their EEO obligations under this contract.
b. The contractor will use good faith efforts to ensure subcontractor
compliance with their EEO obligations.
10. Assurance Required by 49 CFR 26.13(b):
a. The requirements of 49 CFR Part 26 and the State DOT’s U.S.
DOT-approved DBE program are incorporated by reference.
b. The contractor or subcontractor shall not discriminate on
the basis of race, color, national origin, or sex in the performance of
this contract. The contractor shall carry out applicable requirements
of 49 CFR Part 26 in the award and administration of DOT-assisted
contracts. Failure by the contractor to carry out these requirements is
a material breach of this contract, which may result in the termination
of this contract or such other remedy as the contracting agency
deems appropriate.
11. Records and Reports: The contractor shall keep such records
as necessary to document compliance with the EEO requirements.
Such records shall be retained for a period of three years following
the date of the final payment to the contractor for all contract work
and shall be available at reasonable times and places for inspection
by authorized representatives of the contracting agency and the
FHWA.
a. The records kept by the contractor shall document the following:
(1) The number and work hours of minority and non-
minority group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation with
unions, when applicable, to increase employment opportunities for
minorities and women; and
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women;
b. The contractors and subcontractors will submit an annual report
to the contracting agency each July for the duration of the project,
indicating the number of minority, women, and non-minority group
employees currently engaged in each work classification required by
the contract work. This information is to be reported on Form FHWA-
1391. The staffing data should represent the project work force on
board in all or any part of the last payroll period preceding the end of
July. If on-the-job training is being required by special provision, the
contractor will be required to collect and report training data. The
employment data should reflect the work force on board during all or
any part of the last payroll period preceding the end of July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction contracts
and to all related construction subcontracts of $10,000 or more.
consideration.
b. In the event the contractor has a valid bargaining agreement
providing for exclusive hiring hall referrals, the contractor is
expected to observe the provisions of that agreement to the extent
that the system meets the contractor's compliance with EEO
contract provisions. Where implementation of such an agreement
has the effect of discriminating against minorities or women, or
obligates the contractor to do the same, such implementation
violates Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to refer
minorities and women as applicants for employment. Information
and procedures with regard to referring such applicants will be
discussed with employees.
5. Personnel Actions: Wages, working conditions, and employee
benefits shall be established and administered, and personnel
actions of every type, including hiring, upgrading, promotion,
transfer, demotion, layoff, and termination, shall be taken without
regard to race, color, religion, sex, national origin, age or disability.
The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites
to insure that working conditions and employee facilities do not
indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages
paid within each classification to determine any evidence of
discriminatory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection with its
obligations under this contract, will attempt to resolve such
complaints, and will take appropriate corrective action within a
reasonable time. If the investigation indicates that the discrimination
may affect persons other than the complainant, such corrective
action shall include such other persons. Upon completion of each
investigation, the contractor will inform every complainant of all of
their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing
the skills of minorities and women who are applicants for
employment or current employees. Such efforts should be aimed at
developing full journey level status employees in the type of trade or
job classification involved.
b. Consistent with the contractor's work force requirements and as
permissible under Federal and State regulations, the contractor shall
make full use of training programs, i.e., apprenticeship, and on-the-
job training programs for the geographical area of contract
performance. In the event a special provision for training is provided
under this contract, this subparagraph will be superseded as
indicated in the
4. Selection of Labor: During the performance of this contract, the
contractor shall not use convict labor for any purpose within the
limits of a construction project on a Federal-aid highway unless it is
labor performed by convicts who are on parole, supervised release,
or probation. The term Federal-aid highway does not include
roadways functionally classified as local roads or rural minor
collectors.
II. NONDISCRIMINATION
The provisions of this section related to 23 CFR Part 230 are
applicable to all Federal-aid construction contracts and to all related
construction subcontracts of $10,000 or more. The provisions of 23
CFR Part 230 are not applicable to material supply, engineering, or
architectural service contracts.
In addition, the contractor and all subcontractors must comply with
the following policies: Executive Order 11246, 41 CFR 60, 29 CFR
1625-1627, Title 23 USC Section 140, the Rehabilitation Act of
1973, as amended (29 USC 794), Title VI of the Civil Rights Act of
1964, as amended, and related regulations including 49 CFR Parts
21, 26 and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b)
and, for all construction contracts exceeding $10,000, the Standard
Federal Equal Employment Opportunity Construction Contract
Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the policies
of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-
1627. The contracting agency and the FHWA have the authority
and the responsibility to ensure compliance with Title 23 USC
Section 140, the Rehabilitation Act of 1973, as amended (29 USC
794), and Title VI of the Civil Rights Act of 1964, as amended, and
related regulations including 49 CFR Parts 21, 26 and 27; and 23
CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR 230, Appendix A,
with appropriate revisions to conform to the U.S. Department of
Labor (US DOL) and FHWA requirements.
1. Equal Employment Opportunity: Equal employment opportunity
(EEO) requirements not to discriminate and to take affirmative action
to assure equal opportunity as set forth under laws, executive
orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-
1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of
Labor as modified by the provisions prescribed herein, and imposed
pursuant to 23 U.S.C. 140 shall constitute the EEO and specific
affirmative action standards for the contractor's project activities
under this contract. The provisions of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35
and 29 CFR 1630 are incorporated by reference in this contract. In
the execution of this contract, the contractor agrees to comply with
the following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and the
Federal Government to ensure that it has made every good faith
effort to provide equal opportunity with respect to all