HomeMy WebLinkAboutBID - 7557 WEST PROSPECT ROAD BRIDGE REPLACEMENT AT NEW MERCER DITCH (3)SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
WEST PROSPECT ROAD BRIDGE
REPLACEMENT AT NEW MERCER DITCH
BID NO. 7557
PURCHASING DIVISION
215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS
OCTGOBER 9, 2013 – 3:00 P.M. (OUR CLOCK)
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
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
SECTION 00020
INVITATION TO BID
SECTION 00020
INVITATION TO BID
Date: September 17, 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 October 9, 2013, for the West
Prospect Road Bridge Replacement at New Mercer Ditch; BID NO. 7557. 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 Bid 7557. The Work consists of
removing an existing box culvert and replaces it with a new structure. Major work items include:
removal of existing box culvert, new cast-in-place box culvert, earthwork, urban design
components, concrete pavement, curb and sidewalk.
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 September 25, in Conference Room 2D 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
Director of Purchasing & Risk Management
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. Whenever it is indicated on the Drawings or specified in
the Specifications that a substitute or "or equal" item of material or equipment may be
furnished or used by CONTRACTOR if acceptable to Engineer, application for such
acceptance will not be considered by Engineer until after the "effective date of the
Agreement". The procedure for submittal of any such application by CONTRACTOR and
consideration by Engineer is set forth in the General Conditions which may be
supplemented in the General Requirements.
10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS
10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal
subcontractors he proposes to use in the Work. Refer to Section 00430 contained
within these Documents.
10.2. If OWNER or Engineer after due investigation has reasonable objection to any
proposed Subcontractor, either may, before the Notice of Award is given, request
the apparent successful Bidder to submit an acceptable substitute without an
increase in Bid price. If the apparent successful Bidder declines to make any
substitution, OWNER may award the contract to the next lowest responsive and
responsible Bidder that proposes to use acceptable subcontractors.
Subcontractors, suppliers, other persons or organization listed and to whom
OWNER or Engineer does not make written objection prior to the giving of the
Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to
revocation of such acceptance after the effective date of the Agreement as
provided in the General Conditions.
10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or
other persons or organizations against whom he has reasonable objection. The
use of subcontractors listed by the Bidder and accepted by OWNER prior to the
Notice of Award will be required in the performance of the Work.
11.0 BID FORM.
11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained
by the Bidder. A separate unbound copy is enclosed for submission with the Bid.
11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must
be stated in words and numerals; in case of conflict, words will take precedence.
Unit prices shall govern over extensions of sums.
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.
17.0 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.
18.0 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 hall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is
to be accompanied by a complete set of the Drawings with appropriate identification.
19.0 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.
20.0 RETAINAGE.
Provisions concerning retainage are set forth in the Agreement.
21.0 PURCHASING RESTRICTIONS.
Purchasing restrictions: The Bidder's authorized signature of this Bid assures the
Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions is
available for review in the Purchasing and Risk Management Division or the City Clerk's
office.
A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that
suppliers and producers of cement or products containing cement to certify
that the cement was not made in cement kilns that burn hazardous waste as
a fuel.
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: 7557 West Prospect Road Bridge Replacement at New Mercer Ditch
Place:
Date:
1. In compliance with your Invitation to Bid dated , 20 and subject to
all conditions thereof, the undersigned a (Corporation, Limited Liability Company,
Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of
Colorado hereby proposes to furnish and do everything required by the Contract
Documents to which this refers for the construction of all items listed on the following Bid
Schedule or Bid Schedules.
2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in
good faith, without collusion or connection with any other person or persons Bidding for
the same Work, and that it is made in pursuance of and subject to all the terms and
conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the
detailed Specifications, and the Drawings pertaining to the Work to be done, all of which
have been examined by the undersigned.
3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum
of
($ ) in accordance with the Invitation To Bid and Instructions to
Bidders.
4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and
a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days
from the date when the written notice of the award of the contract is delivered to him at
the address given on this Bid. The name and address of the corporate surety with which
the Bidder proposes to furnish the specified performance and payment Bonds is as
follows: .
5. All the various phases of Work enumerated in the Contract Documents with their
individual jobs and overhead, whether specifically mentioned, included by implication or
appurtenant thereto, are to be performed by the CONTRACTOR under one of the items
listed in the Bid Schedule, irrespective of whether it is named in said list.
6. Payment for Work performed will be in accordance with the Bid Schedule or Bid
Schedules subject to changes as provided in the Contract Documents.
7. The undersigned Bidder hereby acknowledges receipt of Addenda No. through
.
8. BID SCHEDULE (Base Bid)
CONTRACT ITEM QUANTITY UNIT UNIT COST ITEM COST
201 -00000 Clearing and Grubbing 1 LS $ -
202 -00010 Removal of Tree 6 EA $ -
202 -00019 Removal of Inlet 1 EA $ -
202 -00155 Removal of Wall (Timber Tie Wall) 72 LF $ -
202 -00200 Removal of Sidewalk 308 SY $ -
202 -00203 Removal of Curb & Gutter 209 LF $ -
202 -00206 Removal of Concrete Curb Ramp 32 SY $ -
202 -00210 Removal of Concrete Pavement 693 SY $ -
202 -00220 Removal of Asphalt Mat 147 SY $ -
202 -00250 Removal of Pavement Marking 1 LS $ -
202 -00400 Removal of Bridge 1 EA $ -
202 -01000 Removal of Fence 47 LF $ -
203 -00100 Muck Excavation 323 CY $ -
206 -00000 Structure Excavation 740 CY $ -
206 -00065 Structure Backfill (Flowfill) 65 CY $ -
206 -00100 Structure Backfill (Class 1) 98 CY $ -
206 -01781 Shoring 2 LS $ -
208 -00000 Erosion Control Supervisor 1 LS $ -
208 -00005 Erosion Log 120 LF $ -
208 -00022 Orange Safety Fence 76 LF $ -
208 -00034 Gravel Bag 60 LF $ -
208 -00045 Concrete Washout Structure 1 EA $ -
208 -00050 Storm Drain Inlet Protection 1 EA $ -
208 -00070 Vehicle Tracking Pad 1 EA $ -
208 -00103 Removal and Disposal of Sediment (Labor) 40 HOUR $ -
208 -00106 Sweeping (Sediment Removal) 5 HOUR $ -
208 -00107 Removal of Trash 5 HOUR $ -
210 -01000 Reset Fence 30 LF $ -
211 -03005 Dewatering 1 LS $ -
212 -00005 Seeding (Native) 0.5 ACRE $ -
212 -00032 Soil Conditioning 0.5 ACRE $ -
212 -00100 Tree Retention and Protection 1 LS $ -
213 -00002 Mulching (Weed-free Hay) 0.5 ACRE $ -
CONTRACT
ITEM NO.
216 -00041 Soil Retention Blanket (Straw/Coconut) 178 SY $ -
304 -06000 Aggregate Base Course (Class 6) 183 TON $ -
412 -00800 Concrete Pavement (8 inch) 693 SY $ -
506 -00000 Riprap (12 Inch) 52 CY $ -
509 -70000 Stainless Steel Angle (Special) 68 LF $ -
514 -00201 Pedestrian Railing Steel (Special) 65 LF $ -
514 -01051 Double Swing Gate (Special) 15 LF $ -
601 -03030 Concrete Class D (Box) 327 CY $ -
601 -03050 Concrete Class D (Wall) 82 CY $ -
601 -40008 Sandstone Veneer 395 LF $ -
601 -40009 Sandstone Cap 71 LF $ -
601 -40400 Structural Concrete Stain 53 SY $ -
602 -00020 Reinforcing Steel (Epoxy Coated) 84,479 LB $ -
603 -01150 15 Inch Reinforced Concrete Pipe 5 LF $ -
604 -19305 Inlet Type R (15 Foot) 1 EA $ -
604 -50200 Manhole Ring and Cover 1 EA $ -
608 -00006 Concrete Sidewalk (6 inch) 183 SY $ -
608 -00010 Concrete Curb Ramp 59 SY $ -
608 -00310 Chemical Staining (Special) 102 SY $ -
608 -00311 Concrete Stamping (Special) 102 SY $ -
609 -22901 Curb, Gutter, and Bike Lane (Special) 105 LF $ -
609 -00045 Concrete Drive Entrance (Type 1) 47 SY $ -
613 -00400 4 Inch Electrical Conduit 400 LF $ -
613 -00600 6 Inch Electrical Conduit 200 LF $ -
620 -00020 Sanitary Facility 1 EA $ -
626 -00005 Mobilization 1 LS $ -
627 -00011 Pavement Marking Paint (Waterborne) 5 GAL $ -
630 -00000 Flagging 160 HOUR $ -
630 -00007 Traffic Control Inspection 54 DAY $ -
630 -00012 Traffic Control Management 145 DAY $ -
630 -70000 Construction Zone Traffic Control Devices 1 LS $ -
630 -80359 Portable Message Sign Panel 5 DAY $ -
TOTAL BASE BID $ -
IN WORDS:
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:
Printed 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, .
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 you 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__.
Company:
By: Printed:
Title:
State of
County of
being duly sworn deposes and says that he
is of
(Name) (Organization)
and that 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__.
(Seal)
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: [Date]
TO: [Contractor]
PROJECT: 7557 West Prospect Road Bridge Replacement at New Mercer Ditch
OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER")
You are hereby notified that your Bid dated [Contractor's Bid Date] for the above project has
been considered. You are the apparent successful Bidder and have been awarded an
Agreement for 7557 West Prospect Road Bridge Replacement at New Mercer Ditch.
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 7557 West
Prospect Road Bridge Replacement at New Mercer Ditch and is generally
described in Section 01010.
ARTICLE 2. ENGINEER
The Project has been designed by KDG Engineering. The City of Fort Collins
Engineering Department who is hereinafter called ENGINEER and who will
assume all duties and responsibilities and will have the rights and authority
assigned to ENGINEER in the Contract Documents in connection with
completion of the Work in accordance with the Contract Documents.
ARTICLE 3. CONTRACT TIMES
3.1 The Work shall be Substantially Complete within One Hundred Fifty(150)
calendar days after the date when the Contract Times commence to run as
provided in the General Conditions and completed and ready for Final
Payment and Acceptance in accordance with the General Conditions within
Fourteen (14) calendar days after the date when the Contract Times
commence to run.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is
of the essence of this Agreement and that OWNER will suffer financial loss
if the Work is not completed within the times specified in paragraph 3.1.
above, plus any extensions thereof allowed in accordance with Article 12 of
the General Conditions.
They also recognize the delays, expenses and difficulties involved in
proving in a legal preceding 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:
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: [CONTRACTOR]
By: By:
DARIN ATTEBERRY, CITY MANAGER
By:
GERRY S. PAUL PRINTED
DIRECTOR OF PURCHASING
AND RISK MANAGEMENT
Title: Title:
Date: Date:
Attest: (CORPORATE SEAL)
City Clerk
Address for giving notices:
P. O. Box 580
Fort Collins, CO 80522 Attest:
Approved as to Form Address for giving notices:
Assistant City Attorney
License No.:
SECTION 00530
NOTICE TO PROCEED
Description of Work: 7557 West Prospect Road Bridge Replacement at New Mercer Ditch
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: [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 Dollars ($ ) in lawful money of the United States,
for the payment of which sum well and truly to be made, we bind ourselves, successors and
assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the [Day] 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, 7557 West Prospect Road Bridge Replacement at New Mercer Ditch.
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) (Title)
(Corporate Seal)
(Address)
IN PRESENCE OF: Other Partners
_____________________________ By:
_____________________________ By:
IN PRESENCE OF: Surety
_____________________________ 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 Dollars ($ ) in lawful money of the United
States, for the payment of which sum well and truly to be made, we bind ourselves, successors
and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the [Day] 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, 7557 West Prospect Road Bridge Replacement at New Mercer Ditch.
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
(Title) (Title)
(Corporate Seal)
(Address)
IN PRESENCE OF: Other Partners
_____________________________ By:
_____________________________ By:
IN PRESENCE OF: Surety
_____________________________ 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: 7557 West Prospect Road
Bridge Replacement at New Mercer Ditch
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
INCLUDE:
OWNER: City of Fort Collins
CONTRACTOR: [Contractor]
CONTRACT DATE: [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.
CONTRACTOR AUTHORIZED REPRESENTATIVE
DATE
The OWNER accepts the project or specified area of the project as substantially complete and
will assume full possession of the project or specified area of the project at 12:01 a.m., on
. The responsibility for heat, utilities, security, and insurance under
the Contract Documents shall be as set forth under "Remarks" below.
CITY OF FORT COLLINS, COLORADO By:
OWNER AUTHORIZED REPRESENTATIVE
DATE
REMARKS:
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, 7557 West Prospect Road Bridge Replacement at New Mercer Ditch.
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: 7557 West Prospect Road Bridge Replacement at New Mercer Ditch
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: 7557 West Prospect Road Bridge Replacement at New Mercer Ditch
CONTRACT DATE: [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 , 20____ .
(Surety Company)
By:
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact.
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
SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement the General Conditions of the
Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins
modifications) and other provisions of the Contract Documents as indicated below.
SC-4.2 Subsurface and Physical Conditions:
A. Add the following language to paragraph 4.2.1 of the General Conditions.
4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions
at the site of the Work:
N/A
Contractor may rely upon the accuracy of the technical data contained in the
geotechnical documents, but not upon nontechnical data, interpretations or
opinions contained therein or upon the completeness of any information in the
report.
B. 4.2.1.2.1 No drawing of physical conditions in or relating to existing surface or
subsurface structures (except Underground Facilities referred to in Paragraph
4.3) which are at or contiguous to the site have been utilized by the Engineer in
preparation of the Contract Documents, except the following:
N/A
SC-5.4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
The limits of liability for the insurance required by the paragraph numbers of the
General Conditions listed below are as follows:
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-12.3 Add the following language to the end of paragraph 12.3.
Contractor will include in the project schedule zero(0) days lost due to abnormal
weather conditions.
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Contract Change Order
00960 Application for Payment
SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE: West Prospect Road Bridge Replacement at New Mercer Ditch
CONTRACTOR: [Contractor]
PROJECT NUMBER: 7557
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:
Purchasing Agent over $30,000
cc: City Clerk Contractor Engineer
Project File Architect 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
$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
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $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 MANUAL
BID SET
September 9, 2013
WEST PROSPECT ROAD BRIDGE REPLACEMENT
STRUCTURE NO. FCPRST-0.0-CONST
TABLE OF CONTENTS
1. Index of Special Provisions
a. Project Special Provisions
b. Standard Special Provisions
The following are attached separately
2. BID SET Plans
Prepared for:
City of Fort Collins
Engineering Department
281 North College Avenue
Fort Collins, CO 80522-0580
(970) 221-6605
Prepared by:
3500 S Wadsworth Blvd. Suite 400
Lakewood, CO 80235
(720) 420-9069
This Page Left Blank Intentionally
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
1P
COLORADO
DEPARTMENT OF TRANSPORTATION
SPECIAL PROVISIONS
CITY OF FORT COLLINS
The Colorado Department of Transportation Standard Specifications for Road and Bridge Construction 2011
controls construction of this project. The following Special Provisions supplement or modify the Standard
Specifications and take precedence over the Standard Specifications and plans. When specifications or special
provisions contain both English and SI units, the English units apply and are the specification requirement.
PROJECT SPECIAL PROVISIONS
Description Date Written Page
Index Pages Sept 9, 2013 1P-2P
Notice to Bidders Sept 9, 2013 3P
Commencement and Completion of Work Sept 9, 2013 4P
Revision of Section 101 – Definition of Terms Sept 9, 2013 5P
Revision of Section 102 – Project Plans and Other Data Sept 9, 2013 6P
Revision of Section 105 – Claims for Contract Adjustment Sept 9, 2013 7P
Revision of Section 107 – Legal Relations and Responsibility to Public Sept 9, 2013 8P-9P
Revision of Section 107 – Insurance Sept 9, 2013 10P
Revision of Section 107 – Protection and Restoration of Property and Landscape Sept 9, 2013 11P
Revision of Section 109 – Measurement and Payment Sept 9, 2013 12P
Revision of Sections 202 and 412 – Removal and Replacement of Concrete
Pavement
Sept 9, 2013 13P-14P
Revision of Section 202 – Removal of Bridge Sept 9, 2013 15P-18P
Revision of Section 202 – Removal of Pavement Marking Sept 9, 2013 19P
Revision of Section 203 – Excavation and Embankment Sept 9, 2013 20P
Revision of Section 208 – Erosion Control Sept 9, 2013 21P
Revision of Section 211 – Dewatering Sept 9, 2013 22P-23P
Revision of Section 212 – Tree Retention and Protection Sept 9, 2013 24P-29P
Revision of Section 216 – Soil Retention Blanket (Straw/Coconut) Sept 9, 2013 30P
Revision of Section 304 – Aggregate Base Course Sept 9, 2013 31P
Revision of Section 412 – Portland Cement Concrete Pavement Sept 9, 2013 32P-33P
Revision of Section 509 – Stainless Steel Angle (Special) Sept 9, 2013 34P-36P
Revision of Section 514 – Pedestrian Railing (Steel) (Special) Sept 9, 2013 37P-39P
Revision of Section 601 – Sandstone Veneer Sept 9, 2013 40P-47P
Revision of Section 601 – Structural Concrete Stain Sept 9, 2013 48P-51P
Revision of Section 608 – Concrete Sidewalk (Special) Sept 9, 2013 52P
Revision of Section 608 – Color Staining, Sealing and Stamping (Special) Sept 9, 2013 53P-57P
Revision of Section 608 – Concrete Driveway Entrance Type 1 Sept 9, 2013 58P
Revision of Section 630 – Construction Zone Traffic Control Devices Sept 9, 2013 59P
Revision of Section 630 – Portable Message Sign Panel Sept 9, 2013 60P-61P
Revision of Section 630 – Temporary Pavement Marking Sept 9, 2013 62P
Force Account Items 63P
Utilities 64P
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
2P
CITY OF FORT COLLINS P7260
STANDARD SPECIAL PROVISIONS
Date No. of Pages
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 – 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 Sections 203, 206, 304 and 613 - Compaction (July 19, 2012) 2
Revision of Section 206 – Imported Material for Structure Backfill (July 19, 2012) 2
Revision of Section 206 – Structure Backfill (Flow-Fill) (April 26, 2012) 2
Revision of Sections 206 and 601 – Backfilling Structures that Support (July 29, 2011) 1
Lateral Earth Pressures
Revision of Section 208 – Erosion Log (January 31, 2013) 1
Revision of Section 212 – Seed (April 26, 2012) 1
Revision of Section 213 – Mulching (January 31, 2013) 4
Revision of Section 250 – Environmental, Health and Safety Management (July 19, 2012) 1
Revision of Section 401 and 412 – Safety Edge (May 2, 2013) 2
Revision of Sections 412 – Portland Cement Concrete Pavement Finishing (February 3, 2011) 1
Revision of Sections 412, 601, and 711 - Liquid Membrane-Forming (May 5, 2011) 1
Compounds for Curing Concrete
Revision of Section 601 – 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 627 and 708 – Pavement Marking Paint (January 31, 2013) 2
Revision of Section 630 – Construction Zone Traffic Control (February 17, 2012) 1
Revision of Section 630 – Retroreflective Sign Sheeting (February 3, 2011) 1
Revision of Section 630 – Signs and Barricades (January 31, 2013) 1
Revision of Section 703 – Concrete Aggregate (July 28, 2011) 1
Revision of Section 712 – Water for Mixing or Curing Concrete (February 3, 2011) 1
Affirmative Action Requirements – Equal Employment Opportunity (February 3, 2011) 10
Disadvantaged Business Enterprise – Definitions and Requirements (February 3, 2011) 14
PROJECT SPECIAL PROVISIONS
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
3P
NOTICE TO BIDDERS
Pursuant to subsections 102.04 and 102.05, it is recommended that bidders on this project review the work site
and plan details.
Information regarding the project may be obtained from the following listed representatives.
Mark Laken
Fort Collins Engineering
281 North College Avenue
Fort Collins, CO 80521
970-222-3546
Stan Kobayashi, P.E.
KDG Engineering, LLC
3500 S. Wadsworth Blvd.
Lakewood, CO 80235
303-420-9069
The above referenced individuals are the only representatives with authority to provide any information,
clarification, or interpretation regarding the plans, specifications, and any other contract documents or
requirements.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
4P
COMMENCEMENT AND COMPLETION OF WORK
The Contractor shall commence work under the Contract on or before the 20th day following the date of award
unless such time for beginning the work is changed by the City in the "Notice to Proceed."
The Contractor shall complete all work within 180 calendar days in accordance with the “Notice to
Proceed”.
Section 108.03 of the Standard Specifications is hereby revised for this project as follows:
The Contractor’s progress schedule may be a bar chart type schedule.
Salient features to be shown on the Contractor’s Progress Schedule are:
1. Construction Traffic Control
2. Clearing and Grubbing
3. Removals
4. Erosion Control
5. Utility Relocations
6. Coordination with the New Mercer Canal Company
7. Structure Excavation and Backfill
8. Cast-in-place Concrete Box Culvert
9. Concrete Pavement
10. Curb, Gutter and Sidewalk
11. Urban Design – Stone Installation
12. Final Striping and Signing
13. Cleanup and punch list
14. Seeding (Work to be dune under Substantial Completion)(No time charge)
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
5P
REVISION OF SECTION 101
DEFINITION OF TERMS
Section 101 of the Standard Specifications is hereby revised for this project as follows:
Subsection 101.10 CDOT Resident Engineer
101.28 Department,
101.29 Engineer, and
101.76 State
shall be defined as the City of Fort Collins, acting directly or through its duly authorized representative or
agent.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
6P
REVISION OF SECTION 102
PROJECT PLANS AND OTHER DATA
Section 102 of the Standard Specifications is hereby revised for this project as follows:
Subsection 102.05 shall include the following:
Contract Documents and supporting information will be available for review until the date set for opening of bids
at the following locations:
1. Online at the City of Fort Collins Buy Speed Webpage, www.fcgov.com/eprocurement
2. City of Fort Collins Purchasing Department, 215 N. Mason Street, 2nd Floor, Fort Collins, Colorado
80524
The following supporting information will be available:
Geotechnical Engineering Report
City’s Survey
After the proposals have been opened, the low responsible bidder may obtain from Fort Collins Engineering, at no
cost: 10 sets of plans and special provisions; and if available for the project, one set of full-size major structure
plan sheets, and one set of computer output data. If the low bidder has not picked up the plans and other available
data by 4:00 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
of Fort Collins 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 of Fort Collins at current
reproduction prices.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
7P
REVISION OF SECTIONS 105
CLAIMS FOR CONTRACT ADJUSTMENT
Sections 105 of the Standard Specifications are hereby revised for this project as follows:
In subsection 105.22, shall be revised as follows:
The Colorado Department of Transportation will not participate in the resolution for any claims filed by
the contractor.
Contract claims will follow the appropriate procedures of Subsection 105.22 except that all claims will be
handled by Fort Collins or its duly authorized representative. The following terms shall be defined as
follows:
Project Engineer shall be Fort Collins Engineering, acting directly or its duly authorized
representative.
District Engineer shall be Fort Collins Engineering, acting directly or its duly authorized
representative.
Chief Engineer shall be Fort Collins Engineering, acting directly or its duly authorized
representative.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
8P
- 1 -
REVISION OF SECTION 107
LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
Add subsection 107.061 immediately following subsection 107.06 as follows:
107.061 Performance of Safety Critical Work. The following work elements are considered safety critical
work for this project:
(1) Removal of bridge Str. No. FCPRST-0.1-BRTW
(2) Temporary works: falsework, shoring that exceeds 5 feet in height, cofferdams, and temporary bridges
(3) Work requiring the use of cranes or other heavy lifting equipment to set a girder, to make overhead
repairs, or includes special provisions for Removal of Bridge or Removal of Portion of Bridge. Also
when construction materials are being lifted that may fall onto active traffic lanes.
(4) Excavation and embankment adjacent to the roadway, especially if it requires shoring
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
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.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
9P
- 2 -
REVISION OF SECTION 107
LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
A safety critical element conference shall be held two weeks prior to beginning construction on each safety
critical element. The Engineer, the Contractor, the safety critical element subcontractors, and the Contractor’s
Engineer shall attend the conference. Required pre-erection conferences or bridge removal conferences may be
included as a part of this conference.
After the safety critical element conference, and prior to beginning work on the safety critical element, the
Contractor shall submit a final construction plan to the Engineer for record purposes only. The Contractor’s
Engineer shall sign and seal temporary works, such as falsework, shoring etc., related to construction plans for the
safety critical elements, (1) Removal of Bridge and (2) Temporary Works. The final construction plan shall be
stamped “Approved for Construction” and signed by the Contractor.
The Contractor shall perform safety critical work only when the Engineer is on the project site. The Contractor’s
Engineer shall be on site to inspect and provide written approval of safety critical work for which he provided
signed and sealed construction details. Unless otherwise directed or approved, the Contractor’s Engineer need not
be on site during the actual performance of safety critical work, but shall be present to conduct inspection for
written approval of the safety critical work.
When ordered by the Engineer, the Contractor shall immediately stop safety critical work that is being performed
in an unsafe manner or will result in an unsafe situation for the traveling public. Prior to stopping work, the
Contractor shall make the situation safe for work stoppage. The Contractor shall submit an acceptable plan to
correct the unsafe process before the Engineer will authorize resumption of the work.
When ordered by the Engineer, the Contractor shall remove workers from the project that are performing the
safety critical work in a manner that creates an unsafe situation for the public in accordance with subsection
108.06.
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.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
10P
REVISION OF SECTION 107
INSURANCE
Section 107.15 is hereby revised to read:
For this project all insurance certificates shall name Fort Collins, the Colorado Department of Transportation, and
the New Mercer Ditch Company as an additionally insured party.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
11P
REVISION OF SECTION 107
PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE
Section 107 of the Standard Specifications is hereby revised for this project to include the following:
Add the following to section 107.12:
See the Revision of Section 212, Tree Retention and Protection, for the protection and trimming of existing trees
that interfere with, or are affected by, execution of the Work, whether temporary or permanent construction.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
12P
REVISION OF SECTION 109
MEASUREMENT AND PAYMENT
Section 109 of the Standard Specifications is hereby revised for this project as follows:
Subsection 109.06 – Partial Payments, paragraph (a), (Standard Amount Retained). Delete the second sentence
beginning with “The amount to be retained…”, and replace with the following:
The amount to be retained will be 5% of the value of the completed work.
Subsection 109.07 – Payment for Materials on Hand (Stockpiled Material). Delete and replace with the
following:
Partial monthly payments to the Contractor for completed work will include payment only for materials
actually incorporated in the Work unless otherwise approved by the Engineer.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
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REVISION OF SECTIONS 202 AND 412
REMOVAL AND REPLACEMENT OF CONCRETE PAVEMENT
Sections 202 and 412 of the Standard Specifications are hereby revised for this project as follows:
In Subsection 202.02 delete the sixth paragraph and replace with the following:
The areas of concrete pavement to be removed shall be isolated in both the longitudinal and transverse directions
by the double saw cut method of sawing in accordance with FHWA’s publication entitled “Guide for Full-Depth
Repairs”. Sawing shall be accomplished with the use of a diamond blade saw or approved equivalent. Sawing of
the concrete pavement shall be done to a true line, with a vertical face, unless otherwise specified. Sawing shall be
full depth and shall go through the existing tie-bars and dowel bars, leaving free vertical edges at the limits of the
removal.
After sawing has been completed, the deteriorated concrete shall be lifted vertically from its position unless
otherwise approved by the Engineer. Pavement breakers or jackhammers shall be used in the removal process
where lifting is not possible. All loose materials shall be removed from the repair area. Removed concrete slabs
and excavated soils shall become the property of the Contractor and shall be disposed of in accordance with
subsection 202.07.
After concrete pavement is removed, the underlying material will be evaluated by the Engineer. Unsuitable
material shall be removed in accordance with subsection 206.03 and replaced with aggregate base course♦ of the
class and depth specified in the Contract.
The subsequent aggregate base course (Class 5) shall be placed with moisture and density control in accordance
Section 304.
Subsection 202.11 shall include the following:
Removal of concrete pavement will be measured by the square yard, completed to the required depth, and
accepted.
Subsection 202.12 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Removal of Concrete Pavement Square Yard
Payment for Removal of Concrete Pavement will be full compensation for all work and materials required to
complete the item, including sawing, removing, and disposal of the concrete pavement.
Structure excavation for removal of unsuitable material will be measured and paid for in accordance with
subsection 206.07.
Aggregate base course (Class 5) will be measured and paid for in accordance with Section 304.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
14P
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REVISION OF SECTIONS 202 AND 412
REMOVAL AND REPLACEMENT OF CONCRETE PAVEMENT
Subsection 412.13 shall include the following:
Dowel bars and tie bars for replaced concrete pavement shall be placed in accordance with Standard Plan M-412-
1 unless otherwise directed by the Engineer. To anchor dowel bars and tie bars, holes shall be drilled into the
sawed face of the existing slab, perpendicular to the joints. All alignments shall be measured and verified prior to
the placement of concrete. Dowel baskets shall be used for joints in repair areas that exceed more than one panel
replacement.
Compressed air shall be used to remove dirt and debris from all drilled holes. After cleaning and prior to bar
insertion, epoxy grout shall be discharged to the back of the hole to force the grout forward. Sufficient epoxy
grout shall be injected into the back of the hole in order to cover the bar over the entire length of embedment.
Each bar shall be twisted a minimum of one full turn during insertion.
Subsection 412.17 shall include the following:
The smoothness of the replaced concrete shall be tested in accordance with subsection 105.07(a).
In subsection 412.23, first paragraph, delete the first sentence and replace it with the following:
The quantities of Concrete Pavement, Concrete Pavement (Patching), and Placed Concrete Pavement to be paid
for under these items will be the number of square yards completed and accepted.
Subsection 412.24 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Concrete Pavement (Patching) Square Yard
Payment for Concrete Pavement (Patching) will be full compensation for all work and material required to place
and finish the replacement concrete pavement in accordance with the Contract.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
15P
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REVISION OF SECTION 202
REMOVAL OF BRIDGE
Section 202 of the Standard Specifications is hereby revised for this project as follows:
Subsection 202.01 shall include the following:
This work consists of removal of the existing bridge at Prospect Road over New Mercer Ditch. Bridge removal
shall consist of the complete removal of all superstructure and substructure elements unless otherwise shown on
the plans. Removal shall include all structures that presently convey the New Mercer Ditch beneath Prospect
Road.
Subsection 202.02 shall include the following:
The removal of the existing bridge shall be performed in a safe manner.
When removal operations are located over a railroad or in proximity to any live water way , additional
coordination with the railroad or other agency, (United States Army Corps of Engineers (USACE), US Fish and
Wildlife Service, US Forest Service, etc.) shall be required.
The Contractor shall submit a Bridge Removal Plan to the Engineer, for record purposes only, at least 20 working
days prior to the proposed start of removal operations. This Plan shall detail procedures, sequences, and all
features required to perform the removal in a safe and controlled manner. The Bridge Removal Plan shall be
stamped “Approved for Construction” and signed by the Contractor. The Bridge Removal Plan will not be
approved by the Engineer.
The Bridge Removal Plan shall provide complete details of the bridge removal process, including:
(1) The removal sequence, including staging of removal operations. Sequence of operation shall include a
detailed schedule that complies with the working hour limitations.
(2) Equipment descriptions including size, number, type, capacity, and location of equipment during removal
operations.
(3) Shoring that exceeds 5 feet in height, all falsework and bracing.
(4) Details, locations and types of protective coverings to be used. The protective covering shall prevent any
materials, equipment or debris from falling onto the property below. When removal operations are
located over or in proximity to any live waterway, railroad, or pedestrian/bicycle path, additional width of
protective covering sufficient to protect these facilities shall be required. Detailed methods for protection
of the existing roadway facilities, including measures to assure that people, property, utilities, and
improvements will not be endangered.
(5) Detailed methods for protection of live waterways including minimization of turbidity and sedimentation,
and protection of existing wetlands.
(6) Detailed methods for mitigation of fugitive dust resulting from the demolition.
(7) Details for dismantling, removing, loading, and hauling steel elements.
(8) Methods of Handling Traffic, including bicycles and pedestrians, in a safe and controlled manner.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
16P
2
REVISION OF SECTION 202
REMOVAL OF BRIDGE
A Pre-Removal Conference shall be held at least seven days prior to the beginning of removal of the bridge. The
Engineer, the Contractor, the removal subcontractor, the Contractor’s Engineer, and the Traffic Control
Supervisor (TCS) shall attend the Pre-Removal Conference. The Bridge Removal Plan shall be finalized at this
Conference.
The Contractor’s Engineer shall sign and seal (1) and (3) listed above in the final Bridge Removal Plan.
Calculations shall be adequate to demonstrate the stability of the structure remaining after the end of each stage of
removal, before traffic is allowed to resume in its normal configuration.
The final Bridge Removal Plan shall be stamped “Approved for Construction” and signed by the Contractor. The
Contractor shall submit a final Bridge Removal Plan to the Engineer prior to bridge removal for record purposes
only. The Contractor shall not begin the removal process without the Engineer’s written authorization.
Submittal of the final Bridge Removal Plan to the Engineer, and field inspection performed by the Engineer, will
in no way relieve the Contractor and the Contractor’s Engineer of full responsibility for the removal plan and
procedures.
Work within Railroad right-of-way shall be in accordance with Section 107. For bridge removal over railroads,
including overhead wires, tunnels and underground facilities, approval of the bridge removal plans will be
contingent upon the drawings being satisfactory to the railroad company involved.
Unless otherwise directed, the Contractor’s Engineer need not be on site when bridge removal operations are in
progress, but shall be present to conduct daily inspection for written approval of the work. The Contractor’s
Engineer shall inspect and provide written approval of each phase of the removal prior to allowing vehicles or
pedestrians on, below, or adjacent to the structure. The Contractor’s Engineer shall certify in writing that the
falsework, bracing, and shoring conform to the details of the final Bridge Removal Plan. A copy of the
certification shall be submitted to the Engineer.
The Contractor’s Engineer shall inspect the bridge removal site and report in writing on a daily basis the progress
of the operation and the status of the remaining structure. A copy of this daily report shall be available at the site
of the work at all times, and a copy of the previous day’s inspection report shall submitted to the Engineer daily.
The Contractor shall have all necessary workers, materials, and equipment at the site prior to closing any lanes to
traffic to accommodate bridge removal operations. While the lanes are closed to public traffic, work shall be
pursued promptly and without interruption until the roadway is reopened to traffic.
Removal of hazardous material shall be in accordance with Section 250.
The Contractor shall take all steps to avoid contaminating state waters, in accordance with subsection 107.25.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
17P
3
REVISION OF SECTION 202
REMOVAL OF BRIDGE
Should an unplanned event occur or the bridge removal operation deviate from the submitted bridge removal plan,
the bridge removal operations shall immediately cease after performing any work necessary to ensure worksite
safety. The Contractor shall submit to the Engineer, the procedure or operation proposed by the Contractor’s
Engineer to correct or remedy the occurrence of this unplanned event or to revise the final Bridge Removal Plan.
The Contractor shall submit his Engineer’s report in writing, within 24 hours of the event, summarizing the details
of the event and the procedure for correction.
Before removal of the protective covering, the Contractor shall clean the protective covering of all debris and fine
material.
Bridge removal may be suspended by the Engineer for the following reasons:
(1) Final Bridge Removal Plan has not been submitted, or written authorization has not been provided by the
Engineer to begin the removal.
(2) The Contractor is not proceeding in accordance with the final Bridge Removal Plan, procedures, or
sequence.
(3) The Contractor’s Engineer is not on site to conduct inspection for the written approval of the work.
(4) Safety precautions are deemed to be inadequate.
(5) Existing neighboring facilities are damaged as a result of bridge removal.
Suspension of bridge removal operations shall in no way relieve the Contractor of his responsibility under the
terms of the Contract. Bridge removal operations shall not resume until modifications have been made to correct
the conditions that resulted in the suspension, as approved in writing by the Engineer.
The Contractor shall notify all emergency response agencies of the proposed removal work and any detours 24
hours in advance of work. This shall include the Colorado State Patrol, local Police Department, local Fire
Department, all local ambulance services, and the Sheriff’s Department, as appropriate.
All required traffic control devices, night time flagging stations, barricades and VMS signs shall be in place, with
detours in operation, prior to the beginning of removal operations each day. Night work shall conform to the
requirements of the MUTCD, Parts 1, 5, and 6.
Prior to reopening the roadway to public traffic, all debris, protective pads, materials, and devices shall be
removed and the roadways swept clean.
Explosives shall not be used for removal work without the written approval of the Engineer.
Removal shall include the superstructure, the substructure, which includes the piers, the abutments and wingwalls,
the bridge rail, and any approach slabs and sleeper slabs.
Removal of the substructure shall be taken down to at least 1 foot below the natural existing or future ground
surface at the lowest point of interface with the abutment, unless otherwise approved by the Engineer. Holes
resulting from substructure removal shall be backfilled with Structure Backfill (Class 2) to the adjacent existing
grades.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
18P
4
REVISION OF SECTION 202
REMOVAL OF BRIDGE
All other materials removed from the existing structure shall become the property of the Contractor and shall be
properly disposed of offsite at the Contractor’s expense, unless otherwise stated in the plans.
Existing structures, facilities, and surrounding roadways shall not be damaged by the removal operations.
Damage that does occur shall be repaired immediately at the Contractor’s expense.
Subsection 202.12 shall include the following:
Payment will be made under:
Pay Item Unit
Removal of Bridge Each
Payment for Removal of Bridge will be full compensation for all labor and materials required to complete the
work, including, preparation and implementation of the Bridge Removal Plan, inspection, equipment, debris
handling and disposal, salvaging, handling and storage of salvable materials, handling and disposal of all
hazardous materials and disposal of non-salvable materials.
Lighting required for nighttime operations will not be measured and paid for separately, but shall be included in
the work.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
19P
REVISION OF SECTION 202
REMOVAL OF PAVEMENT MARKING
Sections 202 of the Standard Specifications are hereby revised for this project as follows:
In subsection 202.11, replace the second paragraph with the following:
Removal of pavement marking will be measured as a lump sum, completed and accepted. Sandblasting
of pavement that is to be covered with pavement marking material will not be measured and paid for
separately, but shall be included in the removal of pavement marking.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
20P
REVISION OF SECTION 203
EXCAVATION AND EMBANKMENT
Section 203 of the Standard Specifications is hereby revised for this project as follows:
In subsection 203.03(a), first paragraph, after the second sentence add the following:
All embankment material shall consist of material that is essentially a granular soil with a minimum
resistance value of 30 when tested by the Hveem Stabilometer.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
21P
REVISION OF SECTION 208
EROSION CONTROL
METHOD OF MEASUREMENT
Subsection 208.11 delete paragraph 7 and replace with the following:
Payment for Erosion Control Supervisor shall be lump sum including all items necessary to complete the work.
BASIS OF PAYMENT
Subsection 208.12 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Erosion Control Supervisor Lump Sump
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
22P
1
REVISION OF SECTION 211
DEWATERING
Section 211 is hereby added to the Standard Specifications for this project as follows:
DESCRIPTION
211.01 This work consists of dewatering to facilitate construction activities. It is anticipated that the
construction period will occur during the time when the irrigation canal is not being used. However, other
sources of water in the project site may be present.
CONSTRUCTION REQUIREMENTS
211.02 The Contractor is advised that groundwater and from stormwater such as surface runoff or seepage due
to rain, hail, snow, and snow melt are within the project limits and may require dewatering. The Contractor is
advised to limit pumping of groundwater and surface runoff or seepage in all project excavations, by careful
scheduling, expediting the work and use of conscientious construction methods. The Contractor shall conform to
all applicable State and City of Fort Collins requirements.
Permitting, removal, sample collection, analytical testing, containerization, transportation, and disposal or
treatment of all contaminated groundwater will be in accordance with Section 107.25 Water Quality Control and
as described in Section 250 Environmental, Health and Safety Management.
The Contractor shall:
(1) Minimize the disturbance of contaminated groundwater by avoidance.
(2) Limit intrusion of groundwater into excavations.
The Contractor shall obtain the appropriate Colorado Discharge Permit System (CDPS) general permit for
management of groundwater from CDPHE Water Quality Control Division, as determined necessary. A
completed application must be submitted to CDPHE at least four weeks prior to dewatering operations.
The Contractor shall submit a Dewatering Plan to the Engineer at least four (4) weeks prior to the proposed start
of dewatering operations. This Plan shall detail the Contractor’s method of dewatering for all major excavations
including caisson construction. The Dewatering Plan shall be stamped “Approved for Construction” and signed
by the Contractor. The Dewatering Plan will not be approved by the Engineer.
The Engineer will review the Dewatering Plan and issue a written acceptance letter or request for changes within
two (2) weeks of receiving the Plan. If changes are requested the Contractor shall update the Plan and resubmit it
to the Engineer within one (1) week after receiving the request for changes.
The Engineer’s written acceptance of the Dewatering Plan is required before construction.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
23P
2
REVISION OF SECTION 211
DEWATERING
The Dewatering Plan shall provide complete details of the Contractor’s method for construction dewatering
including:
(1) Copies of all permits required for dewatering, treatment of and (or) disposing of water.
(2) If applicable, copies of agreements for disposing of water in storm sewers, sanitary sewers etc.
(3) Method and details for minimizing dewatering in excavations and during caisson construction.
(4) Method of measuring groundwater discharge.
(5) Equipment descriptions including size, number, type, capacity, and location of equipment during
dewatering operations.
(6) Methods of testing groundwater to determine appropriate disposal.
(7) Detailed methods for disposal of water.
(8) If applicable, name of facility where contaminated water is to be delivered to.
BASIS OF PAYMENT
211.03 Payment for all work for Dewatering including preparation of the Dewatering Plan and all work for
Section 250 will not be measured and paid for separately but shall be included in the work.
Permitting, removal, sample collection, analytical testing, containerization, transportation, and disposal or
treatment of all contaminated groundwater will not be paid for separately but shall be included in the work.
Payment will be made under:
Pay Item Pay Unit
Dewatering Lump Sum
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
24P
-1-
REVISION OF SECTION 212
TREE RETENTION AND PROTECTION
Section 212 of the Standard Specifications is hereby revised for this project as follows:
Subsection 212.01 shall include the following:
Tree Retention and protection includes general protection and pruning of existing trees and plants that are affected
by execution of the Work, whether temporary or permanent construction. The following definitions apply:
(a) Caliper: Diameter of a trunk measured by a diameter tape or the average of the smallest and largest
diameters at 6 inches above the ground for trees up to, and including, 4-inch size; and 12 inches above the
ground for trees larger than 4-inch size.
(b) Plant-Protection Zone: Area surrounding individual trees, groups of trees, shrubs, or other vegetation to be
protected during construction, and indicated on Drawings.
(c) Tree-Protection Zone: Area surrounding individual trees or groups of trees to be protected during
construction, and defined by a circle concentric with each tree with a radius 1.5 times the diameter of the
drip line unless otherwise indicated.
(d) Vegetation: Trees, shrubs, groundcovers, grass, and other plants.
Subsection 212.02 shall include the following:
(d) Protection-Zone Fencing: Fencing fixed in position and meeting the following requirements. Previously
used materials may be used when approved by Engineer. Protection-Zone fencing will be considered
incidental to the “Tree Retention and Protection” line item and will not be paid for separately.
1. Plastic Protection-Zone Fencing: Plastic construction fencing constructed of high-density extruded and
stretched polyethylene fabric with 2-inch maximum opening in pattern and weighing a minimum of
0.4 lb/ft.; remaining flexible from minus 60 to plus 200 deg F; inert to most chemicals and acids;
minimum tensile yield strength of 2000 psi and ultimate tensile strength of 2680 psi; secured with
plastic bands or galvanized-steel or stainless-steel wire ties; and supported by tubular or T-shape
galvanized-steel posts spaced not more than 8 feet apart.
A. Height: 5 feet
B. Color: High-visibility orange, nonfading.
Add Subsection 212.061 immediately following Subsection 212.06
212.061 Tree Retention and Protection.
(a) Submittals.
1. Samples for Verification: For each type of the following:
A. Protection-Zone Fencing: Assembled Samples of manufacturer's standard size made from full-size
components.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
25P
-2-
REVISION OF SECTION 212
TREE RETENTION AND PROTECTION
2. Existing Conditions: Documentation of existing trees and plantings indicated to remain, which
establishes preconstruction conditions that might be misconstrued as damage caused by construction
activities.
A. Use sufficiently detailed photographs or videotape.
B. Include plans and notations to indicate specific wounds and damage conditions of each tree
or other plants designated to remain.
(b) Quality Assurance.
1. Preinstallation Conference: Conduct conference at Project site.
A. Review methods and procedures related to temporary tree and plant protection including, but not
limited to, the following:
(1) Construction schedule. Verify availability of materials, personnel, and equipment needed
to make progress and avoid delays.
(2) Enforcing requirements for protection zones.
(3) Field quality control.
(c) Project Conditions.
1. The following practices are prohibited within protection zones:
A. Storage of construction materials, debris, or excavated material.
B. Parking vehicles or equipment.
C. Foot traffic.
D. Erection of sheds or structures.
E. Impoundment of water.
F. Excavation or other digging unless otherwise indicated.
G. Attachment of signs to or wrapping materials around trees or plants unless otherwise indicated.
2. Do not direct vehicle or equipment exhaust toward protection zones.
3. Prohibit heat sources, flames, ignition sources, and smoking within or near protection zones and organic
mulch.
(d) Preparation.
Locate and clearly identify trees, shrubs, and other vegetation to remain or to be relocated. Tie a 1-inch
blue-vinyl tape around each tree trunk at 54 inches above the ground.
Protect tree root systems from damage caused by runoff or spillage of noxious materials while mixing,
placing, or storing construction materials. Protect root systems from ponding, eroding, or excessive wetting
caused by dewatering operations.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
26P
-3-
REVISION OF SECTION 212
TREE RETENTION AND PROTECTION
Within the drip line of any protected existing tree, there shall be no cut or fill over a four-inch depth unless
a qualified arborist or forester has evaluated and approved the disturbance.
Prior and during construction, barriers shall be erected around all protected existing trees with such barriers
to be of orange fencing a minimum of (5) feet in height, secured with metal T-Posts, no closer than six (6)
feet from the trunk or at the drip line, whichever is greater. There shall be no storage or movement of
equipment, material, debris or fill within the fenced tree protection zone. Modification of protective fence
locations to accommodate construction shall be approved by the City Forester prior to moving or erecting a
protective fence. Where the drip line of trees touch or overlap, place fence around groups of trees.
During construction there shall be no cleaning of equipment or materials or the storage and disposal of
waste material such as paints, oils, solvents, asphalt, concrete, motor oil or any other material harmful to the
life of a tree within the drip line of any protected tree or group of trees.
No damaging attachments, wires, signs or permits may be fastened to any protected tree.
The installation of utilities, irrigation lines or any underground fixture requiring excavation deeper than six
(6) inches shall be accomplished by boring under the root system of protected existing trees at a minimum
depth of twenty-four (24) inches. The auger distance is established from the face of the tree (outer bark) and
is scaled from the tree diameter at breast height as described in the tree protection chart of the Fort Collins
Land use Code Section 3.2.1.
Construction shall be performed in a manner to not damage any existing tree. Clearance pruning of any tree
on site shall only be by a Fort Collins Licensed Arborist under the direction of the City Forester.
Equipment access/drives shall be positioned to minimize travel over the root system of any existing tree.
Equipment drive locations over the root system of any significant tree shall be approved by the City
Forester with requirements to protect the compaction of exposed soil.
Prior to construction the contractor shall meet the City Forester on site to verify protected existing trees and
the application of tree protection specifications.
The Contractor shall wrap protected trees with concrete blankets or equivalent treatment whenever directed
by the owner’s representative.
(e) Tree and Plant Protection Zones.
Protection-Zone Fencing: Install protection-zone fencing along edges of protection zones before materials
or equipment are brought on the site and construction operations begin in a manner that will prevent people
from easily entering protected. Construct fencing so as not to obstruct safe passage or visibility at vehicle
intersections where fencing is located adjacent to pedestrian walkways or in close proximity to street
intersections, drives, or other vehicular circulation.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
27P
-4-
REVISION OF SECTION 212
TREE RETENTION AND PROTECTION
Maintain protection zones free of weeds and trash.
Repair or replace trees, shrubs, and other vegetation indicated to remain or be relocated that are damaged by
construction operations, in a manner approved by Architect.
Maintain protection-zone fencing and signage in good condition as acceptable to Architect and remove
when construction operations are complete and equipment has been removed from the site.
1. Do not remove protection-zone fencing, even temporarily, to allow deliveries or equipment access
through the protection zone.
(f) Excavation.
General: Excavate at edge of protection zones and for trenches indicated within protection zones according
to requirements in Section 200 Earth Work.
Trenching near Trees: Where utility trenches are required within protection zones, hand excavate under or
around tree roots or tunnel under the roots by drilling, auger boring, or pipe jacking. Do not cut main lateral
tree roots or taproots; cut only smaller roots that interfere with installation of utilities. Cut roots as required
for root pruning.
Redirect roots in backfill areas where possible. If encountering large, main lateral roots, expose roots
beyond excavation limits as required to bend and redirect them without breaking. If encountered
immediately adjacent to location of new construction and redirection is not practical, cut roots
approximately 3 inches back from new construction and as required for root pruning.
Do not allow exposed roots to dry out before placing permanent backfill. Provide temporary earth cover or
pack with peat moss and wrap with burlap. Water and maintain in a moist condition. Temporarily support
and protect roots from damage until they are permanently relocated and covered with soil.
(g) Root Pruning.
Prune roots that are affected by temporary and permanent construction. Pruning roots 2” in diameter or
greater must be reviewed by City Forester prior to pruning. Prune roots as shown on Drawings and as
follows:
1. Cut roots manually by digging a trench and cutting exposed roots with sharp pruning instruments; do
not break, tear, chop, or slant the cuts. Do not use a backhoe or other equipment that rips, tears, or
pulls roots.
2. Temporarily support and protect roots from damage until they are permanently redirected and covered
with soil.
3. Cover exposed roots with burlap and water regularly.
4. Backfill as soon as possible according to requirements in Section 200 Earth Work.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
28P
-5-
REVISION OF SECTION 212
TREE RETENTION AND PROTECTION
Root Pruning at Edge of Protection Zone: Prune roots 12 inches outside of the protection zone, by cleanly
cutting all roots impacted to the depth of the required excavation.
(h) Crown Pruning.
Prune all existing trees retained on City property by cleaning and thinning the canopy. Prune branches that
are affected by temporary and permanent construction. Prune branches as shown on the Drawings and as
follows:
1. Pruning Standards: Prune trees according to the City of Fort Collins Tree Management Standards
(i) Regrading.
Lowering Grade: Where new finish grade is indicated below existing grade around trees, slope grade
beyond the protection zone. Maintain existing grades within the protection zone.
Raising Grade: Where new finish grade is indicated above existing grade around trees, slope grade beyond
the protection zone. Maintain existing grades within the protection zone.
(j) Repair and Replacement.
General: Repair or replace trees, shrubs, and other vegetation indicated to remain or be relocated that are
damaged by construction operations, in a manner approved by Architect/Owner’s Rep.
1. Submit details of proposed root cutting and tree and shrub repairs.
2. Treat damaged trunks, limbs, and roots according to an ISA certified arborist's written instructions.
3. Perform repairs within 24 hours.
4. Replace vegetation that cannot be repaired and restored to full-growth status, as determined by
Landscape Architect/Owner’s Rep.
Protected trees that are damaged during construction will be appraised by a qualified arborist, and the
amount of damage appraised will be billed to the Contractor.
Trees: Remove and replace trees indicated to remain that are more than 25 percent dead or in an unhealthy
condition before the end of the corrections period or are damaged during construction operations that
Landscape Architect/Owner’s Rep determines are incapable of restoring to normal growth pattern.
1. Provide new trees of same size and species as those being replaced for each tree that measures 6 inches
or smaller in caliper size.
(k) Disposal of Surplus and Waste Materials.
Disposal: Remove excess excavated material, displaced trees, trash and debris, and legally dispose of them
off Owner's property.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
29P
-6-
REVISION OF SECTION 212
TREE RETENTION AND PROTECTION
Subsection 212.07 shall include the following:
Tree retention and protection will not be measured, but will be paid for on a lump sum basis. The lump sum price
bid will be full compensation for all work required to complete the item, including installation and maintenance of
protection-zone fencing.
Subsection 212.08 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Tree Retention and Protection Lump Sum
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
30P
REVISION OF SECTION 216
SOIL RETENTION BLANKET (STRAW/COCONUT)
Section 216 of the Standard Specifications is hereby revised for this project to include the following:
Subsection 216.01 shall include the following:
For this project, the term “biodegradable soil retention blanket” is herein used to define any of the products
covered under Section 216 and does not include Turf Reinforcement Mat as defined under Revision of
Section 420.
Delete Subsection 216.02(a) 4 and replace it with the following:
Soil Retention Blanket (straw/coconut) shall be a machine produced mat consisting of 70 percent agricultural
straw and 30 percent coconut fiber. The blanket shall be of consistent thickness with the straw and coconut fiber
evenly distributed over the entire area of the mat. The blanket shall be covered on the top and bottom with 100
percent biodegradable natural organic fiber netting. The mesh size shall be approximately 1.0 to 0.50 inch.
Netting shall be constructed using a Leno weave which allows strands of the net to move independently of each
other. The blanket shall be sewn together on 1.50 inch centers with biodegradable thread.
Material Requirements:
Straw Content: 0.35 pounds per square yard
Coconut Fiber Content: 0.15 pounds per square yard
Netting: biodegradable organic jute fiber, top and bottom
Thread: biodegradable
Roll Width: 6.5 to 8.0 feet
Roll Length: 108.0 to 112.5 feet
Roll Weight: 50.0 to 68.0 pounds
A sample of the Soil Retention Blanket (straw/coconut) shall be submitted to the Construction Inspector at least
two weeks in advance of planned use on the Project for approval.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
31P
REVISION OF SECTION 304
AGGREGATE BASE COURSE
Section 304 of the Standard Specifications is hereby revised for this project as follows:
Subsection 304.02 shall include the following:
Materials for the base course shall be Aggregate Base Course (Class 6) as shown in subsection 703.03
The aggregate base course (Class 6) must meet the gradation requirements and have a resistance value of
at least R=78 when tested by the Hveem Stabilometer method.
Subsection 304.07 shall include the following:
The quantity for aggregate base course will not be measured but will be the quantity designated in the
Contract Documents unless field changes are ordered, the Contractor fails to furnish contract quantity or
discrepancies are found in the plans. If field changes are ordered or plan quantity is not furnished, the
quantity will be calculated using the revised dimension. The Engineer, prior to beginning the work, shall
approve the additional or reduced volume of material in writing.
No allowances shall be made for shrinkage, swell, or subsidence due to compaction of the existing ground
or any other losses.
The Contractor should be aware that the plan quantities were based upon application rate, in-place
density, as shown in the General Notes of the plans. The Contractor’s bid unit cost shall account for
differing application rates or in-place densities for the materials he intends to furnish to the project as no
quantity adjustments will be made for differing application rates or densities. The Engineer will verify
placed quantities from delivery tickets furnished by the supplier.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
32P
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REVISION OF SECTION 412
PORTLAND CEMENT CONCRETE PAVEMENT
Section 412 of the Standard Specifications is hereby revised for this project as follows:
Subsection 412.16 shall include the following:
A two year warranty period will be apparent for all Portland Cement Concrete Pavement placed as part of the
construction project. The warranty period will begin the date the project has reached final acceptance. All
improvements which do not meet the project’s contract specifications, be it through substandard materials or
workmanship, shall be removed and replaced at the Contractor’s expense.
The project will be inspected by City representatives on a quarterly basis throughout the duration of the two year
warranty period. The City will develop a list of improvements which will need to be removed and replaced and
deliver this to the Contractor. The City and Contractor will meet to finalize the list of improvements to be
addressed along with determining the timing of the work to be completed. The following failures will result in
removal of the Portland Cement Concrete Pavement, adjustment of the underlying material (if necessary), and the
replacement with material meeting the project’s contract specifications:
Pavement slabs containing one or more cracks through the full depth of the slab that separate the slab
into two or more parts
Pavement slabs containing honeycombed areas
Pavement slabs containing an extreme void as defined above
Pavement slabs containing more than one void greater in depth than half the pavement thickness
Pavement slabs containing a cumulative surface area of moderate and severe voids greater than one
percent of the slab’s total area
Pavement slabs containing 20 or more severe voids
Joints that are spalled over 50% their length
Concrete improvements constructed which do not meet specified grades in the plans. If water pools
greater than 0.5” after a storm event, concrete improvements will need to be removed to nearest grades
that meet the contract’s intent and replaced, enabling proper drainage
All pavement slabs to be removed shall be removed in a manner that minimizes contamination of the removed
pavement with underlying material. The removals shall be performed in accordance with the removal
specifications for Portland Cement Concrete Pavement as are defined in the contract. The damaged pavement
slab shall be cut in a straight, true line with a vertical face and shall be cut with a concrete saw. If the damage to
the slab does not extend past the midpoint of the slab, half the panel can be removed and replaced. If the damage
extends past the midpoint of the slab, the pavement shall be removed to the nearest joint. The removed concrete
pavement shall become the property of the Contractor and disposed of outside the project site legally. All
concrete pavement removed shall be replaced with concrete meeting the specifications for either Class E or P
concrete, and shall match the thickness and finish of the existing pavement. For repairs on arterial and collector
streets, concrete placed shall meet 3000 psi strength within 48 hours of placement. A minimum compressive
strength of 3000 psi or .80 Fc, whichever is greater, and a minimum flexural compressive strength of 450 psi are
required prior to opening the roadway to traffic. Prior to removing and replacing the damaged slab, a concrete
mix design shall be submitted and approved.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
33P
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REVISION OF SECTION 412
PORTLAND CEMENT CONCRETE PAVEMENT
The Contractor shall provide all traffic control necessary to reroute traffic during the removal, replacement, and
curing for all concrete pavement not meeting the project’s contract specifications. All traffic control plans shall
be submitted to the City’s Traffic Operations Department for approval. The Contractor shall notify the City’s
project manager at least 48 hours prior to beginning any removals. If any striping or stenciling is necessary after
the work has been completed, the City will perform the striping. All costs incurred for the striping will be the
responsibility of the Contractor.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
34P
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REVISION OF SECTION 509
STAINLESS STEEL ANGLE (SPECIAL)
Section 509 to the Standard Specifications is hereby revised for this project to include the following:
Subsection 509.01 shall include the following:
This work consists of the construction of stainless steel angle in accordance with these specifications and in
conformity with the lines and grades shown on the plans or established.
Add Subsection 509.131 immediately following subsection 509.13 as follows:
509.131 Stainless Steel Angle (Special). The stainless steel angle shall conform to the requirements of ASTM
A276-13 Type 316.
Sheet steel for prefabricated tubular metal fencing shall conform to the requirements of ASTM A526 Steel Sheet
Zinc-Coated (Galvanized by the Hot Dip Process) and ASTM B117 Salt Spray Testing as specified.
Manufacturer(s):
1. M&R Fabricators, Inc.
3001 Rawhide Drive
Laporte, CO 80535-9330
T: 970.222.0109
e-mail: rustywillford@aol.com
2. DaVinci Sign Systems, Inc.
4496 Bents Drive
Windsor, CO 80550
T: 970.203.9292
e-mail: info@davincisign.com
3. YESCO
3770 Joliet St
Denver CO 80239
T: 720-458-7124
e-mail: jharshaw@yesco.com
4. Or approved substitute.
Subsection 509.15 shall include the following:
For the Stainless Steel Angle the Contractor shall submit shop drawings that clearly indicate the following:
Profiles, sizes, spacing and locations of members
Connections, attachments and anchor details
Size and type of fasteners
All fittings, mounting brackets, hardware and accessories
Finishes, coatings and shop painting
Weld lengths and sizes
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
35P
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REVISION OF SECTION 509
STAINLESS STEEL ANGLE (SPECIAL)
The Contractor shall include erection drawings, elevations and details where applicable. The Contractor shall
submit a sample of stainless steel angle.
Add Subsection 509.311 immediately after subsection 509.31 under Field Construction Requirements:
509.311 Stainless Steel Angle (Special): Shall be delivered in sections ready for installation with minimal field
welding required. Store fabricated steel in a dry place to avoid condensation or damage to finish.
Deliver stainless steel anchor bolts, sleeves, and stainless steel anchorage devices which are embedded in concrete
to the project in time for installation under appropriate trades. Furnish setting drawings, templates and installation
instructions as required.
Fabricate Stainless Steel Angle in accordance with details and approved shop drawings. Upon completion, work
shall be straight, rigid and tight and free of defects. Material shall consist of new stock of types and sizes
indicated. Contractor shall verify dimensions on site prior to shop fabrication. Fit and shop assemble sections in
largest practical sizes for delivery to site and installation. Supply components required for secure anchorage of
fencing as indicated. Make cuts clean and sharp with edges ground smooth. Grind exposed welds smooth and
flush with adjacent surfaces. Make exposed joints butt tight, flush and hairline. Close all exposed ends of tubing
with welding caps.
Welding shall comply with American Welding Society Standards for exposed architectural metal work. Miter
and cope intersections and weld all around. Remove splatter, grind exposed welds to blend and contour surfaces
to match those adjacent.
Inspection: Verify existing conditions to receive Stainless Steel Angle are satisfactory prior to commencing
work. Report unsatisfactory conditions to General Contractor. Beginning of installation means acceptance of
existing conditions.
Supply items to be cast into concrete with setting templates and erection drawings to appropriate sections as
required.
Erect work square and level, free from distortion or defects detrimental to appearance or performance. Install
panels and bollards according to approved shop drawings.
Leave protective coatings in place until project is substantially completed. Remove and leave surfaces clean upon
completion. Remove stained or otherwise defective work. Replace with new material. Touch up paint as
required following installation.
Workmanship, fabrication and shop connections shall be in accordance with AWS and AISC specifications.
Welding shall be done by welder(s) certified for AWS, D.1 structural welding requirements.
Installation shall be in accordance with the plans and details and with the manufacturer’s recommendations as
required. Stainless Steel Angle shall be installed in the locations and quantities shown on the Drawings and as
detailed. Where applicable, the Owner’s Representative shall approve the Stainless Steel Angle locations prior to
fastening in place.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
36P
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REVISION OF SECTION 509
STAINLESS STEEL ANGLE (SPECIAL)
METHOD OF MEASUREMENT
Subsection 509.04 shall include the following:
Stainless Steel Angle (Special) Measurement shall be by the linear foot (LF) installed complete. Work shall
include all stainless steel, stainless steel anchors, stainless steel hardware, concrete, finishes, reinforcing steel,
mounting and other incidentals to the erection of the stainless steel angle.
Subsection 509.33 shall include the following:
Pay Item Pay Unit
Stainless Steel Angle (Special) LF
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
37P
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REVISION OF SECTION 514
PEDESTRIAN RAILING (STEEL) (SPECIAL)
Section 514 to the Standard Specifications is hereby revised for this project to include the following:
Subsection 514.01 shall be include the following:
This work consists of the construction of pedestrian railing and double swing gate in accordance with these
specifications and in conformity with the lines and grades shown on the plans or established.
Add Subsection 514.051 immediately following subsection 515.05 under the Materials Section:
514.051 Pedestrian Railing (Steel) (Special)
Sheet steel or fabricated tubular metal or fabricated metal pipe fencing shall conform to the requirements of
ASTM A526 Steel Sheet Zinc-Coated (Galvanized by the Hot Dip Process) and ASTM B117 Salt Spray Testing
as specified.
Manufacturer(s):
1. M&R Fabricators, Inc.
3001 Rawhide Drive
Laporte, CO 80535-9330
T: 970.222.0109
e-mail: rustywillford@aol.com
2. DaVinci Sign Systems, Inc.
4496 Bents Drive
Windsor, CO 80550
T: 970.203.9292
e-mail: info@davincisign.com
3. YESCO
3770 Joliet St
Denver CO 80239
T: 720-458-7124
e-mail: jharshaw@yesco.com
4. Or approved substitute.
Pedestrian Railing (Special): Shall be delivered in pre-assembled sections ready for installation with no field
welding required. Store fabricated steel in a dry place to avoid condensation or damage to finish.
Double Swing Gate (Special): Shall be delivered pre-assembled sections ready for installation with no field
welding required. Store fabricated steel in a dry place to avoid condensation or damage to finish.
Deliver anchor bolts, sleeves and anchorage devices which are embedded in concrete to the project in time for
installation under appropriate trades. Furnish setting drawings, templates and installation instructions as required.
Pedestrian Railing and Double Swing Gate shall be galvanized and then painted. See drawings. Color(s) shall be
as indicated on the Drawings.
Fabricate Pedestrian Railing and Double Swing Gate shall be in accordance with details and approved shop
drawings. Upon completion, work shall be straight, rigid and tight and free of defects. Material shall consist of
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
38P
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REVISION OF SECTION 514
PEDESTRIAN RAILING (STEEL) (SPECIAL)
new stock of types and sizes indicated. Contractor shall verify dimensions on site prior to shop fabrication. Fit
and shop assemble sections in largest practical sizes for delivery to site and installation. Supply components
required for secure anchorage of fencing as indicated. Make cuts clean and sharp with edges ground smooth.
Grind exposed welds smooth and flush with adjacent surfaces. Make exposed joints butt tight, flush and hairline.
Close all exposed ends of tubing with welding caps.
Welding shall comply with American Welding Society Standards for exposed architectural metal work. Miter
and cope intersections and weld all around. Remove splatter, grind exposed welds to blend and contour surfaces
to match those adjacent.
Subsection 514.06 shall include the following:
The Contractor shall submit shop drawings that clearly indicate the following:
Profiles, sizes, spacing and locations of members
Connections, attachments and anchor details
Size and type of fasteners
All fittings, mounting brackets, hardware and accessories
Finishes, coatings and shop painting
Weld lengths and sizes
The Contractor shall include erection drawings, elevations and details where applicable. The Contractor shall
submit a sample of the pedestrian railing and double swing gate material and samples of galvanizing and paint
color(s).
Inspection: Verify existing conditions to receive Pedestrian Railing and Double Swing Gate are satisfactory prior
to commencing work. Report unsatisfactory conditions to General Contractor. Beginning of installation means
acceptance of existing conditions.
Supply items to be cast into concrete with setting templates and erection drawings to appropriate sections as
required.
Erect work square and level, free from distortion or defects detrimental to appearance or performance. Install
panels and bollards according to approved shop drawings.
Leave protective coatings in place until project is substantially completed. Remove and leave surfaces clean upon
completion. Remove stained or otherwise defective work. Replace with new material. Touch up paint as
required following installation.
The tops of all posts shall be set to the required grade and alignment.
Workmanship, fabrication and shop connections shall be in accordance with AWS and AISC specifications.
Welding shall be done by welder(s) certified for AWS, D.1 structural welding requirements.
Installation shall be in accordance with the plans and details and with the manufacturer’s recommendations as
required. Pedestrian Railing and Double Swing Gate shall be installed in the locations and quantities shown on
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
39P
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REVISION OF SECTION 514
PEDESTRIAN RAILING (STEEL) (SPECIAL)
the Drawings and as detailed. Where applicable, the Owner’s Representative shall approve the Pedestrian Railing
and Double Swing Gate locations prior to fastening in place.
Subsection 514.07 shall include the following:
Pedestrian Railing (Special) will be measured by the linear foot (LF) installed complete. Work shall include steel,
hardware, galvanizing, painting, reinforcing steel, imagery cut outs, frame, posts, railing, pickets, mounting and
all other incidentals to the erection of the pedestrian railing.
Double Swing Gate (Special) will be measured by the linear foot (LF) installed complete. Work shall include
steel, hardware, galvanizing, hinges, painting, reinforcing steel, frame, posts, railing, pickets, mounting and all
other incidentals to the erection of the double swing gate.
Subsection 514.08 shall include the following:
Pay Item Pay Unit
Pedestrian Railing (Special) LF
Double Swing Gate (Special) LF
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
40P
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REVISION OF SECTION 601
SANDSTONE VENEER
Section 601 of the Standard Specifications is hereby revised to include the following:
DESCRIPTION
This work consists of the construction clean new Sandstone Veneer, Sandstone Cap, and Sandstone Cap
(Retaining Wall) masonry including mortar, grout, ties, anchors, accessories, and removal of surplus material and
waste in accordance with these specifications, and in conformity the plans.
MATERIALS
Sandstone Veneer and Sandstone Cap masonry shall meet the following requirements
(a) Reference Standards:
A. ASTM E514: Standard Test Method for Water Penetration and Leakage Through Masonry.
Conform to the current requirements of applicable portions of standards, codes and specifications,
except where more stringent requirements are shown or specified.
B. Stone masonry work shall be in accordance with the recommendations and standards of the
American Standards Association.
C. ASTM: American Society of Testing and Materials.
D. ASTM C144: Standard Specification for Aggregate for Masonry Mortar.
E. ASTM C150: Standard Specification for Portland Cement.
F. ASTM C270: Standard Specification for Mortar Mix.
G. ASTM C476: Standard Specification for Mortar and Grout for Reinforced Masonry.
H. ASTM E514: Standard Specification for Moisture Resistance in Masonry Assemblies.
I. PCA, current edition.
(b) Sandstone Rock Units: Sandstone Rock: Colorado Buff Sandstone and one of the following: Pennsylvania
Blue Sandstone OR Forest Green Sandstone OR Emerald Cliff Sandstone, see drawings.
A. Finish: Faced saw-cut on exposed surfaces. Stone with broken or fractured surfaces shall be
rejected.
B. Color(s): See drawings.
C. Depth Range: See drawings.
D. Standard Height Range: See drawings.
E. Length Range: See drawings.
F. Corners: See drawings.
(c) Approved Suppliers:
A. Crystal Landscape Supplies CO.
B. High Plains Stone, CO
C. TimberRock Landscape, CO
D. The Rock Garden, CO.
E. Other suppliers meeting the requirements of this section are acceptable as approved by the
Engineer prior to bidding.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
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REVISION OF SECTION 601
SANDSTONE VENEER
(d) Mortar and Grout Materials
A. Portland Cement: ASTM C150, Type 1, natural.
B. Hydrated Lime: ASTM C207, Type S for new construction.
C. Aggregate Sand: ASTM C144.
D. Coarse Aggregate for Grout: ASTM C404, less than 3/8".
E. Water: ASTM C270, clean and suitable for domestic consumption.
F. Mortar Coloring: To match existing adjacent moss rock sign project – see drawings
G. Admixtures: Pozzolan with approval; calcium chloride not permitted.
H. Integral Water Repellent: Integral polymeric-based water repellent admixture, conforming to
ASTM E514 and achieving an E (Excellent) rating, RainBlok for Mortar by ACM Chemistries,
Inc., Norcross, GA, (877) 226-1766, or approved equal. Integral water repellent shall be used in
all exterior stone masonry construction.
(e) Mortar and Grout Mixes
A. Mortar Mixes for Stone Masonry Veneer: ASTM C270, Type N mortar with hydrated lime for
all new veneer masonry construction. Minimum compressive strength of 750 psi at 28 days, or as
indicated on the Structural Drawings:
1. 1 part Portland cement, Type 1.
2. 1/4 to 1/2 part hydrated lime.
3. 2-1/4 to 3-1/2 parts damp, loose sand.
4. Integral water repellent.
5. Mortar coloring.
B. Masonry Grout Mix: Minimum compressive strength of 3,000 psi at 28 days:
1. 1 part Portland cement, Type 1.
2. 2-1/4 to 3 parts damp, loose sand.
3. 1 to 2 parts coarse aggregate.
4. Pozzolan as per manufacturer's recommendations.
5. Air entrainment shall be not more than 5% by volume.
C. Mixtures may change as per manufacturer's recommendations to meet requirements.
D. Non-Shrink Structural Grout: Refer to Section 05120.
(f) Stone Masonry Accessories
A. Stone Masonry Veneer Ties: per plans and details.
B. Anchors: Furnish and set all anchors, ties, and dowels: stainless steel.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
42P
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REVISION OF SECTION 601
SANDSTONE VENEER
(g) Sealer
A. Clear Masonry Sealer: None.
CONSTRUCTION REQUIREMENTS
Submittals
Supplier and Installer: Submit name of installer and quarry/supplier from which stone will be received for
approval by the Owner.
Contractor Qualifications: Installer shall have five (5) years successful experience installing stone on projects of
similar scale and complexity.
Shop Drawings: Submit shop drawings indicating dimensions of stone units, types of cuts, face texture and
installation details.
Samples for Sandstone Rock: Submit sample board of specified blend of stone material for approval before
delivery to the site – see drawings. Final approval shall be by the Owner.
Product Data: Submit manufacturer's product data and specifications for each type of mortar specified, including
certification that each type complies with the specifications.
Samples: Submit samples of manufacturer's full range of mortar colors for selection by the Architect.
Mortar Analysis: Submit three (3) copies of the existing mortar analysis. Inspection and testing shall be
performed by an independent testing laboratory, approved by the Architect, conforming to ASTM E149, E514
and C270. Testing fees shall be paid as specified in the General and Supplementary Conditions. Test samples
shall be taken at random to provide sampling over the course of work. Materials not conforming to these
specifications shall be removed from the job and replaced.
Sample Panel: Erect minimum 3'-0" x 3'-0" sample panel consisting of approved Sandstone Rock masonry that
satisfactorily shows proposed color range, texture, bond, mortar and workmanship, including special coursing.
A. Sample panel shall show an external corner condition Contractor shall not continue work until
Engineer has accepted sample panel.
B. Sample panel shall remain on site until work of this Section is complete and will be used as
standard of comparison for balance of work.
C. Sample panel may be constructed as a part of the permanent building construction if approved by
the Owner.
Delivery, Storage and Handling
Deliver stone material to the site on platforms or pallets. Keep stone completely covered and free from frost, ice
and snow. Handle stone carefully to avoid chipping, breakage, contact with soil or contaminating materials. Store
mortar materials in dry place. Damaged materials shall not be used.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
43P
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REVISION OF SECTION 601
SANDSTONE VENEER
Environmental Conditions
Maintain materials and surrounding air temperature to minimum 50 F prior to, during and 48 hours after
completion of stone work.
During freezing or near-freezing weather, provide adequate equipment or cover to maintain a minimum
temperature of 50 F and to protect stone work completed or in progress.
Maintain temperature of mortar and grout between 70 F and 100 F.
Contractor shall use only one (1) type mortar to ensure uniform color. Masonry cement is not permitted.
Protect partially completed stone masonry against weather when work is not in progress by covering top of walls
with strong, waterproof, non-staining membrane. Extend membrane at least 2' down both sides of walls and
anchor securely in place.
Cold Weather Installation:
A. Do not use frozen materials or materials mixed or coated with ice or frost.
B. Do not use anti-freeze compounds, calcium chloride or substances containing calcium chloride in
mortar or grout.
C. Do not build on frozen work. Remove and replace work damaged by frost or freezing.
D. Do not heat water above 106 F.
E. When mortar or grout materials have been combined, temperature of the mixture shall not be less
than 70 F or more than 100 F.
F. Materials shall be preconditioned and protected as follows:
1. When air temperature is below 40 F and above 32 F, heat mixing water. Protect masonry
from rain or snow for 24 hours by means of waterproof covers.
2. When air temperature is below 32 F and above 20 F, heat both sand and mixing water.
Maintain a temperature of at least 40 F on both sides of walls by means of suitable covers or
enclosures for 24 hours.
3. When air temperature is 20 F and below, heat sand, mixing water and block and provide
heated enclosures. A temperature of at least 40 F shall be maintained within enclosures for
48 hours.
4. Periods required for protection and maintenance of specified temperatures may be reduced to
1/2 of those specified herein before if Type III Portland cement is used with the Engineer's
approval.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
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REVISION OF SECTION 601
SANDSTONE VENEER
G. Hot Weather Installation:
1. During very hot weather and drying wind, the Engineer may order very light fog spray of
mortar bedding areas several times during the first 24 hours to prevent premature drying of
mortar.
Masonry Installation
(a) General:
A. Stone Masonry Installer shall check lines and levels and verify existing conditions prior to
commencing work of this Section. Notify the Contractor in writing of conditions or discrepancies
which may affect the successful installation of the stone masonry work. Do not begin work until
conditions are corrected in a manner acceptable to the Installer.
B. Ensure items built-in by other trades for this work are properly located and sized.
C. Establish lines, levels and coursing. Protect from disturbance. Place stone masonry in accordance
with lines and levels indicated on the Drawings.
D. Ensure that wall ties are been properly located and installed.
E. Clean and dry stone units prior to installation.
F. Installation of Veneer Ties. Install stainless steel corrugated dovetail anchor masonry veneer ties in
dovetail stainless steel wall anchor slots in concrete columns and walls at regular intervals not to
exceed 12" o.c. both ways over the face of the concrete. Ties/anchors shall be 12 gauge.
G. Installation of Masonry Anchors. Install stainless steel cast-in dovetail masonry anchors and slots
in accordance with manufacturer's written instructions and recommendations. Slots shall be 16
gauge.
H. Properly install and embed anchors into mortar for random or coursed ashlar installations not to
exceed 12" o.c.
I. Provide product data sheet for ties, anchors, and slots, depicting proposed gauge of masonry anchors
and proposed gauge of slots for Owner’s Representative to review and approve prior to ordering.
(d) Mortar Batch Control
A. Measure and batch materials either by volume or weight such that the required proportions for
mortar can be accurately controlled and maintained.
B. Mix mortar ingredients for a minimum of five (5) minutes in a mechanical batch mixer. Hand
mixing in a wheelbarrow or other uncontrolled method is not acceptable.
C. Do not use mortar which has begun to set or if more than 2-1/2 hours has elapsed since initial
mixing. Retemper mortar during 2-1/2 hour period as required to restore workability.
CITY OF FORT COLLINS September 9, 2013
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REVISION OF SECTION 601
SANDSTONE VENEER
1. Ensure addition of integral water repellent for exterior masonry construction, proportioned as
recommended by the manufacturer.
D. Colored Mortar: If colored mortar is specified, mortar color shall be pre-blended, not field
mixed.
E. Use mortar within two (2) hours of mixing at temperatures over 80 degrees F, and 2-1/2 hours at
temperatures under 50 degrees F.
(e) Joints
A. General: Lay coursed modular units with 3/8" joints, unless otherwise indicated, except for
minor variations required to maintain bond alignment. See drawings as joint
thickness/width/depth varies per plans.
B. Rake out mortar in preparation for application of caulking or sealants where shown.
E. Remove excess mortar and smears upon completion of work.
F. Point out or replace defective mortar to match adjacent work.
G. Clean soiled surfaces using a non-acidic solution which will not harm adjacent surfaces. Consult
masonry manufacturer for acceptable cleaners.
(d) Installation of Stone Masonry
A. Lay, level and align corner units first. Lay stone masonry in pattern as indicated on plans.
B. If masonry pattern requires, ensure that courses are of uniform height. Make vertical and
horizontal joints equal and of uniform thickness to match existing.
C. Tolerances: See drawings.
D. Joint Width: See drawings.
E. Do not shift or tap stone units after mortar has taken initial set. Where adjustment must be made,
remove mortar and replace.
(e) Mortar Bedding and Joints
A. Head joints shall be well buttered for thickness equal to 1/2 face dimension of unit or panel and
shall be shoved tightly so that mortar bonds well to both units.
B. Joint Width: As specified above.
(f) Tooling
A. Exposed Joints: Tool joints as scheduled – see drawings. Rake out mortar in preparation for
application of caulking or sealants as required.
B. Exterior Face of Exterior Walls: See drawings.
C. Concealed Joints: Cut joints flush, unless otherwise shown.
CITY OF FORT COLLINS September 9, 2013
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REVISION OF SECTION 601
SANDSTONE VENEER
D. Exposed Bench Seat Slab Joints: Tool joints, except exposed horizontal joints shall be cut flush.
E. Joints which are not tight at the time of tooling shall be raked out, pointed and then tooled.
(g) Cutting and Fitting
A. Cut and fill for fasteners, mounting plates, pipes, conduit sleeves and other items as required.
Cooperate fully with other Sections to ensure correct size, shape and location.
B. Obtain Architect's approval prior to cutting or fitting any area which is not indicated on the
Drawings or which may impair appearance or strength of masonry work.
(h) Cleaning and Protection
A. General: New stone masonry shall be thoroughly cleaned upon completion of the work.
B. Remove and replace broken or fractured stone units. Remove excess mortar and smears upon
completion of work. Point or replace defective mortar to match adjacent work.
C. Clean soiled surfaces exposed to view using a non-acidic solution which will not harm stone or
adjacent materials. Consult manufacturer for acceptable cleaners. Use non-metallic tools in
cleaning operations. Leave surfaces prepared for further sealers or coatings, if specified.
(i) Field Quality Control
A. General: Installation of stone masonry units, mortar and grout, and workmanship of joints shall be
in accordance with the standards approved in the sample panel.
B. Stone masonry units shall be sound and free of cracks or other defects that may interfere with the
proper placing of the unit or impair the strength or performance of the construction.
C. Face or faces that are exposed shall be free of chips, cracks or other imperfections to the
satisfaction of the Architect and Owner, except that chips not larger than 1/4" will be considered
acceptable on a very limited basis.
D. Contractor shall promptly remove rejected stone units or portions of the work and replace to match
the quality of the approved sample panel.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
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REVISION OF SECTION 601
SANDSTONE VENEER
METHOD OF MEASUREMENT
Sandstone Veneer will be measured by the face square foot of veneer constructed and accepted. Wall anchors,
ties, slots, mortar, grout will be considered incidental and included in the cost of the stone masonry veneer.
Sandstone Cap will be measured by the linear foot of cap constructed and accepted. Rebar dowels, epoxy, grout
will be considered incidental and included in the cost of the sandstone cap.
Sandstone Cap (Retaining Wall) will be measured by the linear foot of cap constructed and accepted. Rebar
dowels, epoxy, grout, mortar will be considered incidental and included in the cost of the sandstone cap.
Wall anchors, wall ties, wall slots, grout, rebar dowels, and mortar will not be measured and paid for separately
but shall be included in the work.
BASIS OF PAYMENT
The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear
in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices
will not be measured and paid for separately but shall be included in the work.
Payment will be made under:
Pay Item Pay Unit
Sandstone Veneer Face Square Foot
Sandstone Cap Linear Foot
Sandstone Cap (Retaining Wall) Linear Foot
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
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-1-
REVISION OF SECTION 601
STRUCTURAL CONCRETE STAIN
Sections 601 and 708 of the Standard Specifications are hereby revised for this project as follows:
Subsection 601.01 shall include the following:
This work consists of: (1) Class 2 surface finish of concrete to receive Concrete Stain; (2) providing and
applying an opaque structural concrete stain to all concrete surfaces previously designated in the Contract to
receive a structure concrete stain; (3) sealing of the concrete; and (4) provide up to 5-gallons of pre-mixed
touch-up paint in aerosol spray cans.
The color of the structural concrete stain shall be as noted on the plans, and shall be approved from test panels
provided by the Contractor.
The structural concrete stain shall be one of the following products or approved equals:
1. RAINSTOPPER RS400 – Semi Transparent Stain
Textured Coatings of America
Pro-Coat Systems, Inc.
5775 Stapleton Drive North
Denver, Colorado 80216
303-322-9009
2. “Acrylic” Structural Concrete Stain
Anchor Paint Co. of Denver, Inc.
641 South Jason
Denver, Colorado 80223-2305
303-744-2361
3. Bridge and Highway Concrete Sealer, B97-Series
The Sherwin-Williams Company
543A Santa Fe Drive
Denver, Colorado 80204
303-893-1303
Subsection 601.03 shall include the following:
Structural Concrete Stain 708.08.
Subsection 601.09(f) shall include the following:
All concrete forms shall be treated with a water based concrete form release agent prior to placing
reinforcement for surfaces to which structural concrete stain is to be applied.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
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-2-
REVISION OF SECTION 601
STRUCTURAL CONCRETE STAIN
In Subsection 601.14 (a) delete the third paragraph and replace with the following:
Structural concrete stain shall be the final finish for all concrete surfaces designated on the plans and in these
specifications.
Delete Subsection 601.14(b)4 and replace with the following:
Unless otherwise shown in the Contract, the structural concrete stain shall be applied to all exposed concrete
elements of the structure above the ground line, and shall extend 1-foot below the finished ground line.
Bridge bearing devices, curb and barrier cover plates, fence, and steel bridge rail shall be masked or otherwise
protected to prevent structural concrete stain from coming into contact with them.
The color of the Structural Concrete Stain shall have the written approval of CDOT prior to final batching and
application on the project. The final color of the Approved, structural concrete stain, shall be determined as
follows:
1. 2 foot by 2 foot samples of the colors required by the Contract, shall be submitted to CDOT for Approval.
The Stain samples shall be applied to a surface similar in texture to the concrete surface on which the
stain will be applied on the project. The Stain samples shall be applied by the same methods to be used in
field application.
2. At least three weeks prior to beginning of the application of the structural concrete stain, 100 sf test
panels shall be prepared for final color Approval by CDOT. The test panels shall be produced on the
actual concrete surface on which the final product will be placed, at a location designated by CDOT. The
stain shall be applied to the test panels by the same methods to be used in the final field application.
CDOT will be allowed one week for Approval after stain application to the test panels.
Concrete finishing and curing shall be completed in accordance with the specification prior to the application
of the Stain. The concrete finish to which the structural concrete stain is to be applied shall be a Class 2
Finish, except as modified below:
1. Following curing of the concrete in accordance with Subsection 601.13, all projections and bulges shall
be removed and the surface sandblasted. Sandblasting shall profile the concrete surface, remove all form
release agents, and all other deleterious materials that would inhibit the bond of the Structural Concrete
Stain. The profile of the sandblasted concrete surface shall be equivalent to Concrete Surface Profile
Three (CSP 3) as defined in Technical Guideline No. 03732, “ Selecting and Specifying Concrete Surface
Preparation for Sealers, Coatings, and Polymer Overlays” by the International Concrete Repair Institute.
The Contractor shall provide a CSP 3 chip for use on the project.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
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-3-
REVISION OF SECTION 601
STRUCTURAL CONCRETE STAIN
2. A mortar mix, proportioned by volume, consisting of one part Portland cement, two to three parts sand
(conforming to the requirements of ASTM C 144), and an approved bonding agent shall be used to patch
all holes produced by form ties, honeycombing, voids 1/2 inch or larger in any dimension, broken corners
and edges, and other defects. The mortar mix shall include an approved bonding agent. The quantity and
application procedure of the bonding agent shall be in accordance with the recommendations of the
manufacturer of the bonding agent. Areas to be patched shall be moistened with water before the mortar is
applied, and the patched area shall be float finished and left flush with the concrete surface without
checking or cracking of patches. Patching shall be done when the ambient temperature is at least 40°F.
Holes deeper than 3/4 inch shall be filled in layers that does not exceed 1/2 inch in thickness.
1. Within 24 hours prior to applying structural concrete stain, the concrete surface to be coated shall be
cleaned by water blasting at a minimum pressure of 3,000 psi and at a rate of 4 to 14 gallons/minute, to
remove dust, dirt, and other materials that would inhibit bonding of the coating. If the surface is
contaminated before application of the coating, it shall be re-cleaned as required prior to application of
the coating.
New concrete shall be at least 28 Days old or as approved in writing by the coating manufacturer before the
stain is applied.
Two coats of stain shall be applied. Each coat shall be applied at a rate of 200 to 250 square feet per gallon.
(Approximately 3 mils dry film thickness.) The second coat shall not be applied until at least 12 hours after
the application of the first coat.
If the surface is contaminated between coats it shall be re-cleaned as stated above prior to application of the
next coat.
The stain shall be mixed mechanically and applied by spraying. Workmanship shall be such that the final
stained surface is colored uniformly and presents a pleasing appearance. Any areas determined by CDOT to
be insufficiently stained shall be re-stained.
The stain shall be applied only when the ambient temperature is between 40°F and 90°F, and is anticipated to
remain above 40°F for a minimum of twenty-four hours. The surface to be stained shall be dry and free of
frost.
Subsection 708.08 shall include the following:
708.08 Structural Concrete Stain: The Stain shall be a one-component, non-vapor barrier, solvent based
acrylic resin. No sand or other texturing agents will be permitted.
PHYSICAL PROPERTIES
Solid by Weight: 51%, plus or minus 2%
Solids by Volume: 34%, plus or minus 2%
A material safety data sheet (MSDS) prepared in accordance with Federal Standard 313 and a complete set of
manufacturers mixing and application instructions shall be submitted to CDOT before the Contractor begins
applying the Stain.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
51P
-4-
REVISION OF SECTION 601
STRUCTURAL CONCRETE STAIN
Subsection 601.20 shall include the following:
Pay Item Pay Unit
Structural Concrete Stain Square Yard
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
52P
REVISION OF SECTION 608
CONCRETE SIDEWALK (SPECIAL)
Section 608 of the Standard Specifications is hereby revised for this project to include the following:
Subsection 608.01 shall include the following:
This work also consists the construction of concrete sidewalks with an integral vertical curb at the property line,
as shown on the drawings. This work includes the reinforcing steel, additional concrete for the thickened edge,
and additional excavation.
Subsection 608.02 shall include the following:
Reinforcing steel shall conform to the requirements of Section 602, Reinforcing Steel.
Subsection 608.03 shall include the following:
(g) Reinforcing steel shall conform to Section 602, Reinforcing Steel.
Subsection 608.06 shall include the following:
Concrete for the vertical curb and thickened edge and the reinforcing steel will not be measured separately but
shall be included in the work for Concrete Sidewalk (Special).
Subsection 608.06 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Concrete Sidewalk (Special) Square Yard
All work necessary and incidental to the construction of the sidewalks with the integral vertical curb and
thickened edge will not be measured and paid for separately but shall be included in the work.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
53P
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REVISION OF SECTION 608
COLOR STAINING, SEALING AND STAMPING (SPECIAL)
Section 608 of the Standard Specifications is hereby revised for this project to include the following:
In subsection 608.01, add the following:
This work also consists of the provision and installation of chemical staining and sealing of concrete and concrete
stamping as identified below, in conformance with these specifications and in conformity with the lines and
grades shown on the plans. Chemical staining and sealing is for sidewalk areas only, as shown on civil drawings.
In subsection 608.02, add the following paragraph:
Chemical Staining and Sealing.
Application:
1. Concrete surfaces shall be dry and properly prepared as described above. Protect surrounding areas
from over-spray, run-off and tracking. Divide surfaces into small work sections using wall, joint lines,
or other stationary breaks as natural stopping points.
2. Apply chemical stains full strength (undiluted) at the coverage rate recommended by the manufacturer
and use application equipment described in the manufacturer’s printed technical literature. The color of
the liquid chemical stain has no resemblance to the final color produced on the concrete substrate.
3. Chemical stains normally fizz when reacting with the concrete. If fizzing does not occur, the substrate
has not been adequately prepared or the concrete pH level is too low. If this should happen, contact the
local representative for further recommendations.
4. Transfer chemical stain to the substrate by brush or spray and immediate scrub into surface.
5. Reaction time depends on wind conditions, temperatures, and humidity levels.
6. When multiple coats of one or more colors are required, washing and drying between colors is desirable
to evaluate the color prior to the next coat.
7. After the final coat of chemical stain has remained on the surface for a minimum of four hours, remove
all residue by wet scrubbing with commercial grade detergent. Rinse surfaces after scrubbing until
rinse water is completely clean. Run off may stain the adjacent areas or harm plants. Collect rinse
water by wet vacuuming or absorbing with an inert material.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
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REVISION OF SECTION 608
COLOR STAINING, SEALING AND STAMPING (SPECIAL)
Acceptable Manufacturers:
1. L. M. SCOFIELD COMPANY, Douglasville, Georgia and Los Angeles, California (800) 800-9900 or the
appropriate local contact: Eastern Division – 201-672-9050; Western Division – 323-720-3055; Central
Division Office – 630-377-5959.
2. Duraamen, New York City/New Jersey – 212.386.7609, or appropriate local contact
3. CSI ChemSystems, Inc., Houston – 800.545.9827, or appropriate local contact
4. Approved substitute.
Acceptable Materials:
1. LITHOCHROME Chemstain® Classic; L. M. SCOFIELD COMPANY, reactive water-based solution of
metallic salts which react with the calcium hydroxide in the cured concrete substrate to produce
permanent, variegated or translucent color effects.
Colors: Federal Standard 595C Color 30372 (similar to CS-2: Padre Brown)
2. Duraamen – Patinaetch chemical (acid) stain
Colors: Federal Standard 595C Color 30372 (similar to 2 eb, 1 ab)
3. CSI ChemSystems – CSI ChromaStain acidic stain
Colors: Federal Standard 595C Color 30372 (similar to HBS #15, Buckwheat)
4. Colors selected above are approximate. Contractor shall provide full stain color chart from chosen
manufacturer (Scofield, Duraamen, CSI ChemSystems, approved substitute) for owner’s representative to
select color of stain. Once color is selected, contractor shall provide 12” x 12” mock up of standard gray
concrete, stained and sealed for Owner’s Representative to review and approve prior to commencing with
staining and sealing.
5. Approved substitute
Sealers:
Application of Sealer:
1. Concrete substrate shall be completely dry.
2. Sealer shall be produced by the chemical stain manufacturer.
3. Test surface for proper pH level prior to applying sealer.
4. Apply sealer according to manufacturer’s written instructions at a rate of 300 to 500 square feet per
gallon per coat.
5. Maintain a wet edge at all times.
6. Allow sealer to completely dry before applying additional coats.
7. Apply second coat of sealer at 90o to the direction of the first coat using the same application method
and rates.
8. Seal horizontal joints in areas subject to pedestrian or vehicular traffic.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
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REVISION OF SECTION 608
COLOR STAINING, SEALING AND STAMPING (SPECIAL)
Acceptable Manufactures:
1. L. M. SCOFIELD COMPANY, Douglasville, Georgia and Los Angeles, California (800) 800-9900 or the
appropriate local contact: Eastern Division – 201-672-9050; Western Division – 323-720-3055; Central
Division Office – 630-377-5959.
2. Duraamen, New York City/New Jersey – 212.386.7609, or appropriate local contact
3. CSI ChemSystems, Inc., Houston – 800.545.9827, or appropriate local contact
4. Approved Substitute.
Acceptable Materials:
1. SCOFIELD® Selectseal-W; L. M. SCOFIELD COMPANY, water-based, clear aliphatic polyurethane
specifically formulated for protecting chemically stained concrete hardscapes.
2. Duraamen – manufacturer recommended sealer
3. CSI ChemSystems, Inc. – manufacturer recommended sealer
4. Approved substitute.
Protection: Protect staining/sealing from traffic and/or use for at least 72 hours after final application of
sealer.
Concrete Stamping
Description :
Forming materials, reinforcement, concrete, curing compound, and sealer, special imprinting and texturing
tools, concrete placement and finish. Install in accordance with the current specifications and quality
standards of stamp/imprint pattern manufacturer. Contractor shall have (5) five years minimum experience
with concrete stamping/imprinting and shall have at least (5) five stamped/imprinted concrete installations of
high quality. Evidence that the contractor is qualified shall be submitted to and approved by Owner’s
Representative. The contractor shall provide a job site sample of (10) ten linear feet minimum to be reviewed
and approved by the Owner’s Representative prior to commencing remainder of work. Job site sample shall
be the standard for the balance of the work installed, and if acceptable to Owner’s Representative, job site
sample may be retained as finished concrete surface adjacent to Prospect Road.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
56P
- 4 -
REVISION OF SECTION 608
COLOR STAINING, SEALING AND STAMPING (SPECIAL)
Application:
1. The area to receive stamped concrete shall have the sub-grade prepared and compacted as required by local
governing authority and conditions, see specifications.
2. The formwork shall be installed in accordance with the drawings. The slab thickness shall be consistent
with that of ordinary concrete slabs under the same conditions, 4” minimum slab thickness. The concrete
shall have a minimum compressive strength of 4000 psi in severe freeze-thaw areas. Portland cement shall
conform to ASTM C 150 Type I, II, or V, depending on soil conditions. Aggregates shall conform to
ASTM C 33. Mixing water shall be fresh, clean and potable. In freeze-thaw areas only, an air-entraining
admixture complying to ASTM C 260 shall be used to achieve an entrained air content for the particular
mix used in accordance with the published recommendations of the Portland Cement Association and the
American Concrete Institute. No admixtures containing calcium chloride shall be permitted.
3. Provide reinforcement as specified.
4. Control joints and/or expansion joints shall be provided in accordance with the drawings. As with any
concrete slab, stamped concrete usually contains construction joints, control joints and expansion joints.
The contractor shall advise and work with the architect/engineer to determine the best location for these
joints to minimize the visibility of the joints and to minimize unsightly cracking.
5. The concrete shall be placed and screeded to the finished grade, and floated to a uniform surface using
standard finishing techniques.
6. While the concrete is still in its plastic stage of set, the stamping/imprinting tools shall be applied to the
surface.
7. Approved curing method shall be applied in accordance with the manufacturer’s recommendations
immediately after completing the imprinting process for stamped slabs only. Cure using clear cure product.
Acceptable Manufacturers:
1. Bomanite: Phone: (303) 369-1115, Fax: (303) 291-0282, Email: info@bomanite.com
2. Scofield: Phone 1-800-800-9900
3. Brickform: Phone: 1-800-483-9628, Email: info@brickform.com
4. Approved substitute.
Acceptable Materials:
1. Bomanite Imprint Systems (stamped concrete)
Pattern/Texture: Small Random Slate
2. Scofield LITHOTEX® Pavecrafters® imprinting tools and embossing skins
Pattern/Texture: Pattern/Texture shall match Bomanite ‘Small Random Slate’
3. Brickform Texture Products/Texture Mats
Pattern/Texture: Pattern/Texture shall match Bomanite ‘Small Random Slate’
4. Contractor shall submit full pattern/texture chart from chosen manufacturer (Bomanite, Scofield,
Brickform, approved substitute) for Owner’s Representative to review and approve pattern/texture of
stamped concrete.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
57P
- 5 -
REVISION OF SECTION 608
COLOR STAINING, SEALING AND STAMPING (SPECIAL)
METHOD OF MEASUREMENT
Subsection 608.05 shall include the following:
Chemical staining will be measured by the actual square yard installed, and sealing of chemically stained concrete
shall be incidental to cost of chemical staining. Concrete substrate that chemical staining is applied to will be
measured separately. Sealing will not be measured or paid for separately but shall be included in the work for
chemical staining.
Concrete stamping will be measured by the actual square yard installed. Concrete substrate that chemical staining
is applied to will be measured separately.
BASIS OF PAYMENT
608.06 The accepted quantities for chemical staining, sealing and concrete stamping will be paid for at the
contract unit price for each of the pay items listed below that appear in the bid schedule. Contractor shall furnish
materials, labor, transportation, services, stain, and other equipment necessary to furnish and install finishes as
detailed on the drawings and specified in this Section.
Payment will be made under:
Pay Item Pay Unit
Chemical Staining (special) Square Yard
Concrete Stamping (special) Square Yard
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
58P
REVISION OF SECTION 608
CONCRETE DRIVEWAY ENTRANCE TYPE 1
Section 608 of the Standard Specifications is hereby revised for this project to include the following:
Subsection 608.01 shall include the following:
This work also consists the construction of a Concrete Driveway Entrance Type 1 in accordance with the M&S
Standard Plan M-609-1.
Subsection 608.02 shall include the following:
Materials for the Concrete Driveway Entrance Type 1 shall conform to Subsection 608.02.
Subsection 608.03 shall include the following:
Construction for the Concrete Driveway Entrance Type 1 shall conform to Subsection 608.03 or as directed by
the Engineer.
Subsection 608.06 shall include the following:
Concrete Driveway Entrance Type 1 will be measured by the square yard.
Subsection 608.06 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Concrete Driveway Entrance Type 1 Square Yard
All work necessary and incidental to the construction of the Concrete Driveway Entrance Type 1 will not be
measured and paid for separately but shall be included in the work.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
59P
REVISION OF SECTION 630
CONSTRUCTION ZONE TRAFFIC CONTROL DEVICES
Section 630 of the Standard Specifications is hereby revised for this project as follows:
Subsection 630.14 is hereby deleted and replaced with the following:
Construction Traffic Control will not be measured separately but will be paid for on a lump sum basis.
This lump sum basis shall include all traffic control devices that are shown on the plans or any other
devices that may be requested by the engineer to ensure the safety of the project. Traffic control
management, traffic control inspection and flagging will not be measured and paid for separately but shall
be included in the cost of the work. It is anticipated that traffic control management services (TCM) will
only be required during the initial set-up of required traffic control devices.
Flagging may be required for special events as determined by the Engineer. Flagging for special events
as determined by the Engineer will be measured as “Flagging” by the actual number of hours each flagger
is used for the special event on the project as approved by the Engineer. This is in addition to the flagging
that is required for the contractor’s every day operations which is included in the Construction Zone
Traffic Control Devices item.
Subsection 630.15 hereby revised as follows:
Delete paragraph 1, 2, 3 including the Pay Item Table and replace with the following:
Payment shall be made at the contract lump sum price for Construction Traffic Control and will be full
compensation for all work necessary to complete the work.
Payment will be made under:
Pay Item Pay Unit
Construction Zone Traffic Control Devices Lump Sum
Flagging Hour
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
60P
- 1 -
REVISION OF SECTION 630
PORTABLE MESSAGE SIGN PANEL
Section 630 of the Standard Specifications is hereby revised for this project as follows:
Subsection 630.01 shall include the following:
This work includes furnishing, operating, and maintaining a portable message sign panel for the Contactor’s
period of performance. In addition, special events may require the additional use of the portable message sign.
Add subsection 630.031 immediately following subsection 630.03 as follows:
630.031 Portable Message Sign Panel. Portable message sign panel shall be furnished as a device fully self-
contained on a portable trailer, capable of being licensed for normal highway travel, and shall include leveling and
stabilization jacks. The panel shall display a minimum of three - eight character lines. The panel shall be a
dot-matrix type with an LED legend on a flat black background. LED signs shall have a pre-default message that
activates before a power failure. The sign shall be solar powered with independent back-up battery power. The
sign shall be capable of 360 degrees rotation and shall be able to be elevated to a height of at least five feet above
the ground measured at the bottom of the sign. The sign shall be visible from one-half mile under both day and
night conditions. The message shall be legible from a minimum of 750 feet. The sign shall automatically adjust
its light source to meet the legibility requirements during the hours of darkness. The sign enclosure shall be
weather tight and provide a clear polycarbonate front cover.
Solar powered message signs shall be capable of operating continuously for 10 days without any sun. All
instrumentation and controls shall be contained in a lockable enclosure. The sign shall be capable of changing
and displaying sign messages and other sign features such as flash rates, moving arrows, etc.
Each sign shall also conform to the following:
(1) In addition to the onboard solar power operation with battery back-up, each sign shall be capable of operating
on a hard wire, 100-110 VAC, external power source.
(2) All electrical wiring, including connectors and switch controls necessary to enable all required sign functions
shall be provided with each sign.
(3) Each sign shall be furnished with an operating and parts manual, wiring diagrams, and trouble-shooting guide.
(4) The portable message sign shall be capable of maintaining all required operations under Colorado
mountain-winter weather conditions.
(5) Each sign shall be furnished with an attached license plate and mounting bracket.
(6) Each sign shall be wired with a 7-prong male electric plug for the brake light wiring system.
Subsection 630.13 shall include the following:
The portable message sign panel shall be on the project site at least 5 days prior to the start of active roadway
construction. Maintenance, storage, operation, relocation to different sites during the project, and all repairs of
portable message sign panels shall be the responsibility of the Contractor.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
61P
-2-
REVISION OF SECTION 630
PORTABLE MESSAGE SIGN PANEL
Subsection 630.15 shall include the following:
Portable message sign panels for the Contractors operations during the period of performance will not be
measured or paid for separately but shall be included in the work for Item 630, Construction Zone Traffic Control
Devices.
Portable message sign panels may be required for special events as determined by the Engineer. Portable
message sign panels for special events as determined by the Engineer will be measured as Portable Message Sign
Panel (Special) by the actual number of days each portable message sign is used for the special even on the
project as approved by the Engineer.
Subsection 630.16 shall include the following:
Pay Item Pay Unit
Portable Message Sign Panel (Special) Day
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
62P
REVISION OF SECTION 630
TEMPORARY PAVEMENT MARKING
Section 630 of the Standard Specifications are hereby revised for this project as follows:
In subsection 630.16, add the following:
No temporary pavement markings for the detour shall be placed on the new concrete pavement or the
existing concrete pavement to remain after construction is finished.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
63P
FORCE ACCOUNT ITEMS
DESCRIPTION
This special provision contains the Department’s estimate for force account items included in the Contract. All
force account items will be added to the total bid to determine the amount of the performance and payment bonds.
Force Account work shall be performed as directed by the Engineer.
BASIS OF PAYMENT
Payment will be made in accordance with subsection 109.04. Payment will constitute full compensation for all
work necessary to complete the item.
Force account work valued at $5,000 or less, that must be performed by a licensed journeyman in order to comply
with federal, state, or local codes, may be paid for after receipt of an itemized statement endorsed by the
Contractor.
Force Account Item Quantity Amount
Minor Contract Revisions FA $100,000*
*To be included in the bond amounts.
CITY OF FORT COLLINS September 9, 2013
W. PROSPECT ROAD BRIDGE REPLACEMENT BID SET
64P
UTILITIES
The known utilities and corresponding contacts for this project are:
Fort Collins Utilities -Water Systems Brian Campbell 970-221-6232
Comcast Don Kapperman 970-689-3487
Century Link Bill Johnson 970-377-6401
Xcel Energy (gas) Stephanie Rich 970-225-7828
Fort Collins Light and Power Doug Martine 970-224-6152
Fort Collins IT Infrastructure Clint Andrews 970-416-2516
The work described in these plans and specifications requires full cooperation between the Contractor and the
utility owners in accordance with Subsection 105.06 in conducting their respective operations, so the utility work
can be completed with minimum delay to all parties concerned. Also, in accordance with the plans and
specifications, and as directed by the Engineer, the Contractor shall keep each utility owner advised of any work
being done to its facility, so that each utility owner can coordinate its inspections for final acceptance of the work
with the Engineer.
THE WORK LISTED BELOW SHALL BE PERFORMED BY THE CONTRACTOR
The Contractor will coordinate with the City of Fort Collins and the Utility Companies. In addition,
Contractor shall install a 24” PVC Schedule 80 pipe under the CBC near the north end of the structure for the
water line relocation.
THE WORK LISTED BELOW SHALL BE PERFORMED BY THE UTILITY OWNERS COMPANIES
Fort Collins Utilities-Water Systems to relocate the sanitary sewer line near the center of the road or add protective
measures.
Fort Collins Light and Power – Coordinate and relocation of the crossing of the bridge by the electric line, and near
the Landscape Walls.
XCEL Gas – Coordinate and relocation of the crossing of the bridge by the gas line.
Comcast and Century Link – Relocation of lines near the new Landscape Walls and at the new bridge.
UTILITIES LOCATING
The Contractor shall comply with Article 1.5 of Title 9 CRS ("Excavation Requirements") when excavating or
grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least
two (2) business days, not including the actual day of notice, prior to commencing such operations. The Contractor
shall contact the Utility Notification Center of Colorado (UNCC) at phone no. 1-800-922-1987, to have locations of
UNCC registered lines marked by member companies. All other underground facilities shall be located by contacting
the respective owner. Utility service laterals shall also be located prior to beginning excavation or grading.
The location of utility facilities on the plan and profile sheets, and herein described, were obtained from the best
available information.
STANDARD SPECIAL PROVISIONS
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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.
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Should the Contractor’s dispute use the Total Cost approach for calculating damages, damages will be
determined by subtracting the contract amount from the total cost of performance. Should the Contractor’s dispute
use the Modified Total Cost approach for calculating damages, if the Contractor’s bid was unrealistic in part,
and/or some of its costs were unreasonable and/or some of its damages were caused by its own errors, those
costs and damages will be deducted from the total cost of performance to arrive at the Modified Total Cost. The
Total Cost or Modified Total Cost basis for calculating damages shall not be available for any disputes or claims
seeking damages where the Contractor could have kept separate cost records at the time the dispute arose as
described in subsection 105.22(a).
(a) Document Retention. The Contractor shall keep full and complete records of the costs and additional time
incurred for each dispute for a period of at least three years after the date of final payment or until dispute is
resolved, whichever is more. The Contractor, subcontractors, and lower tier subcontractors shall provide
adequate facilities, acceptable to the Engineer, for an audit during normal business hours. The Contractor
shall permit the Engineer or Department auditor to examine and copy those records and all other records
required by the Engineer to determine the facts or contentions involved in the dispute. The Contractor shall
identify and segregate any documents or information that the Contractor considers particularly sensitive, such
as confidential or proprietary information.
Throughout the dispute, the Contractor and the Project Engineer shall keep complete daily records of extra
costs and time incurred, in accordance with the following procedures:
1. Daily records shall identify each operation affected, the specific locations where work is affected, and the
potential effect to the project’s schedule. Such records shall also reflect all labor, material, and
equipment applicable to the affected operations.
2. On the first work day of each week following the date of the written notice of dispute, the Contractor shall
provide the Project Engineer with the daily records for the preceding week. If the Contractor’s records
indicate costs greater than those kept by the Department, the Project Engineer will meet with the
Contractor and present his records to the Contractor at the meeting. The Contractor shall notify the
Engineer in writing within three work days of any inaccuracies noted in, or disagreements with, the
Department’s records.
(b) Initial Dispute Resolution Process. To initiate the dispute resolution process the Contractor shall provide a
written notice of dispute to the Project Engineer upon the failure of the Parties to resolve the issue through
negotiation. Disputes will not be considered unless the Contractor has first complied with specified issue
resolution processes such as those specified in subsections 104.02, 106.05, 108.07(a), and 108.07(d).
The Contractor shall supplement the written notice of dispute within 15 days with a written Request for
Equitable Adjustment (REA) providing the following:
(1) The date of the dispute
(2) The nature of the circumstances which caused the dispute
(3) A statement explaining in detail the specific provisions of the Contract and any basis, legal or factual,
which support the dispute.
(4) If any, the estimated quantum, calculated in accordance with methods set forth in subsection
105.24(b)12., of the dispute with supporting documentation
(5) An analysis of the progress schedule showing the schedule change or disruption if the Contractor is
asserting a schedule change or disruption.
The Contractor shall submit as much information on the quantum and impacts to the Contract time as is
reasonably available with the REA and then supplement the REA as additional information becomes
available. If the dispute escalates to the DRB process the DRB shall not hear any issue or consider any
information that was not contained in the Request for Equitable Adjustment and fully submitted to the Project
Engineer and Resident Engineer during the 105.22 process.
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(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
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first choice and five being their last choice. If common candidates are listed, but the parties cannot
agree, that common candidate with the lowest combined numerical ranking shall be selected. If there is
no common candidate, the lists shall be combined and each party shall eliminate three candidates from
the list. Each party shall then numerically rank the remaining candidates, with No. 1 being the first
choice. The candidate with the lowest combined numerical ranking shall be the DRB member. The
CDOT Project Engineer will be responsible for having all parties execute the agreement.
3. If the dispute has a value over $250,000, the On Demand DRB shall have three members. The
Contractor and CDOT shall each select a member and those two members shall select a third. Once the
third member is approved the three members will nominate one of them to be the Chair and execute the
agreement within 45 days of initiating the DRB process.
4. The Standing DRB shall always have three members. The Contractor and CDOT shall each select a
member and those two members shall select a third member. Once the third member is approved the
three members will nominate one of them to be the Chair.. The Contractor and CDOT shall submit their
proposed Standing DRB members within 5 days of execution of the Contract. The third member shall be
selected within 15 days of execution of the Contract. Prior to construction starting the parties shall
execute the Three Party Agreement. The CDOT Project Engineer will be responsible for having all
parties execute the agreement. The Project Engineer will invite the Standing DRB members to the
Preconstruction and any Partnering conferences.
5. DRB members shall not have been involved in the administration of the project under consideration. DRB
candidates shall disclose to the parties the following relationships:
(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
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solutions, status of past claims and disputes, and potential claims and disputes. Copies of each agenda
shall be submitted to the Contractor and the Department at least seven days before the meeting date.
Oral or written presentations or both shall be made by the Contractor and the Department as necessary
to give the Board all the data the Board requires to perform its functions. The Board will prepare minutes
of each meeting, circulate them to all participants for comments and approval, and issue revised minutes
before the next meeting. As a part of each regular meeting, a field inspection trip of all active segments of
the work at the project site may be made by the Board, the Contractor, and the Department.
4. Advisory Opinions
(1) Advisory opinions are typically used soon after the parties find they have a potential dispute and have
conducted preliminary negotiations but before expenditure of additional resources and hardening their
positions. Advisory opinions provide quick insight into the DRB’s likely assessment of the dispute.
This process is quick and may be entirely oral and does not prejudice the opportunity for a DRB
hearing.
(2) Both parties must agree to seek an advisory opinion and so notify the chairperson. The procedure for
requesting and issuing advisory opinions should be discussed with the DRB at the first meeting with
the parties.
(3) The DRB may or may not issue a written opinion, but if a written advisory opinion is issued, it must
be at the specific request of both parties.
(4) The opinion is only advisory and does not require an acceptance or rejection by either party. If the
dispute is not resolved and a hearing is held, the oral presentations and advisory opinion are
completely disregarded and the DRB hearing procedure is followed.
(5) Advisory opinions should be limited to merit issues only.
(d) Arranging a Dispute Review Board Hearing. When the Project Engineer initiates the DRB review process, the
Project Engineer will:
1. Contact the Contractor and the DRB to coordinate an acceptable hearing date and time. The hearing
shall be held at the Resident Engineer’s office unless an alternative location is agreed to by both parties.
Unless otherwise agreed to by both parties the DRB hearing will be held within 30 days after the DRB
agreement is signed by the CDOT Chief Engineer.
2. Ensure DRB members have copies of all documents previously prepared by the Contractor and CDOT
pertaining to the dispute, the DRB request, the Contract documents, and the special provisions at least
two weeks before the hearing.
(e) Pre-Hearing Submittal: At least fifteen days prior to the hearing, CDOT and the Contractor shall submit by e-
mail to the DRB Chairperson their parties pre-hearing position paper. The DRB Chairperson shall
simultaneously distribute by e-mail the pre-hearing position papers to all parties and other DRB members, if
any. At the same time, each party shall submit a copy of all its supporting documents to be used at the
hearing to all DRB Members and the other party unless the parties have agreed to a common set of
documents as discussed in #2 below. In this case, CDOT shall submit the common set of documents to the
Board and the Contractor. The pre-hearing position paper shall contain the following:
1. A joint statement of the dispute, and the scope of the desired decision. The joint statement shall
summarize in a few sentences the nature of the dispute. If the parties are unable to agree on the wording
of the joint statement, each party’s position paper shall contain both statements, and identify the party
authoring each statement. The parties shall agree upon a joint statement at least 20 days prior to the
hearing and submit it to the DRB or each party’s independent statement shall be submitted to the DRB
and the other party at least 20 days prior to the hearing.
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
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and Standard Special Provisions, if necessary, to the DRB. Other standard CDOT documents such as
Standard Specifications and M&S Standards are available on the CDOT website.
(1) If any party contends that they are not necessary to the proceedings, the DRB shall determine that
issue in the first instance. Should the DRB determine that a dispute does not involve a party, that
party shall be relieved from participating in the DRB hearing and paying any further DRB costs.
(2) When the scope of the hearing includes quantum, the requesting party's position paper shall include
full cost details, calculated in accordance with methods set forth in subsection 105.24(b)12. The
Scope of the hearing will not include quantum if CDOT has ordered an audit and that audit has not
been completed.
3. A list of proposed attendees at the hearing. In the event of any disagreement, the DRB shall make the
final determination as to who attends the hearing.
4. A list of any intended experts including their qualifications and a summary of what their presentation will
include and an estimate of the length of the presentation.
The number of copies, distribution requirements, and time for submittal shall be established by the DRB
and communicated to the parties by the Chairperson.
A pre-hearing phone conference with all DRB members and the parties shall be conducted as soon as a
hearing date is established but no later than 10 days prior to the hearing. The DRB Chairperson shall
explain the specifics of how the hearing will be conducted including how the two parties will present their
information to the DRB (Ex: Each party makes a full presentation of their position or presentations will be
made on a “point by point” basis with each party making a presentation only on an individual dispute issue
before moving onto to the next issue). If the pre-hearing position papers and documents have been
received by the Board prior to the conference call, the DRB Chairperson shall at this conference discuss
the estimated hours of review and research activities for this dispute (such as time spent evaluating and
preparing recommendations on specific issues presented to the DRB). If the pre-hearing position papers
and documents have not been received by the Board prior to the conference call, another conference call
will be scheduled during the initial conference call to discuss the estimated hours of review. Compensation
for time agreed to in advance by the parties will be made at an agreed rate of $125 per hour in accordance
with subsection 105.23 (k) 2. Compensation for the phone conference time will also be made at an agreed
to rate of $125 per hour in accordance with subsection 105.23 (k) 2. The Engineer shall coordinate the
phone conference.
(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.
6. Either party may use experts. A party intending to offer an outside expert's analysis at the hearing shall
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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 serving on more than one DRB, regardless of the number of
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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.
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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
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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: _______________________
B. For a pass-through claim:
PASS-THROUGH CLAIM CERTIFICATION
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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:
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
(2) Costs for additional bond, insurance and tax
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DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
(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
B. In adjustment for the costs as allowed above, the Department will have no liability for the following
items of damages or expense:
(1) Profit in excess of that provided in 12.A.(8) above
(2) Loss of Profit
(3) Additional cost of labor inefficiencies in excess of that provided in A. above
(4) Home office overhead in excess of that provided in A. above
(5) Consequential damages, including but not limited to loss of bonding capacity, loss of bidding
opportunities, and insolvency
(6) Indirect costs or expenses of any nature in excess of that provided in A. above
(7) Attorney’s fees, claim preparation fees, and expert fees
(c) Audit. An audit may be performed by the Department for any dispute or claim, and is mandatory for all
disputes and claims with amounts greater than $250,000. All audits will be complete within 60 days of receipt
of the complete claim package, provided the Contractor allows the auditors reasonable and timely access to
the Contractor's books and records. For all claims with amounts greater than $250,000 the Contractor shall
submit a copy of certified claim package directly to the CDOT Audit Unit at the following address:
Division of Audit
4201 E. Arkansas Ave
Denver, Co. 80222
(d) Region Transportation Director Decision. When the Contractor properly files a claim, the RTD will review the
claim and render a written decision to the Contractor to either affirm or deny the claim, in whole or in part, in
accordance with the following procedure.
The RTD may consolidate all related claims on a project and issue one decision, provided that consolidation
does not extend the time period within which the RTD is to render a decision. Consolidation of unrelated
claims will not be made.
The RTD will render a written decision to the Contractor within 60 days after the receipt of the claim package
or receipt of the audit whichever is later. In rendering the decision, the RTD: (1) will review the information in
the Contractor's claim; (2) will conduct a hearing if requested by either party; and (3) may consider any other
information available in rendering a decision.
The RTD will assemble and maintain a claim record comprised of all information physically submitted by the
Contractor in support of the claim and all other discoverable information considered by the RTD in reaching a
decision. Once the RTD assembles the claim record, the submission and consideration of additional
information, other than for clarification and data supporting previously submitted documentation, at any
subsequent level of review by anyone, will not be permitted.
The RTD will provide a copy of the claim record and the written decision to the Contractor describing the
information considered by the RTD in reaching a decision and the basis for that decision. If the RTD fails to
render a written decision within the 60 day period, or within any extended time period as agreed to by both
parties, the Contractor shall either: (1) accept this as a denial of the claim, or (2) appeal the claim to the Chief
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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.
(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
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
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.
(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.
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(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.
(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
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At the request of any party or upon the Arbitration Provider’s own initiative, the Arbitration Provider may conduct
an administrative conference, in person or by telephone, with the parties and/or their representatives. The
conference may address such issues as arbitrator selection, potential exchange of information, a timetable for
hearings and any other administrative matters.
R-13. Preliminary Hearing
(a) At the request of any party or at the discretion of the arbitrator or the Arbitration Provider, the arbitrator may
schedule as soon as practicable a preliminary hearing with the parties and/or their representatives. The
preliminary hearing may be conducted by telephone at the arbitrator's discretion.
(b) During the preliminary hearing, the parties and the arbitrator should discuss the future conduct of the case,
including clarification of the issues and claims, a schedule for the hearings and any other preliminary matters.
R-14. Exchange of Information
(a) At the request of any party or at the discretion of the arbitrator, consistent with the expedited nature of
arbitration, the arbitrator may direct: (i) the production of documents and other information; (ii) short
depositions, particularly with regard to experts; and/or (iii) the identification of any witnesses to be called.
(b) At least five business days prior to the hearing, the parties shall exchange copies of all exhibits they intend to
submit at the hearing.
(c) The arbitrator is authorized to resolve any disputes concerning the exchange of information.
(d) Additional discovery may be ordered by the arbitrator in extraordinary cases when the demands of justice
require it.
R-15. Date, Time, and Place of Hearing
(a) The arbitrator shall set the date, time, and place for each hearing and/or conference. The parties shall
respond to requests for hearing dates in a timely manner, be cooperative in scheduling the earliest practicable
date, and adhere to the established hearing schedule.
(b) The parties may mutually agree on the locale where the arbitration is to be held. Absent such agreement, the
arbitration shall be held in the City and County of Denver.
(c) The Arbitration Provider shall send a notice of hearing to the parties at least ten calendar days in advance of
the hearing date, unless otherwise agreed by the parties.
R-16. Attendance at Hearings
The arbitrator and the Arbitration Provider shall maintain the privacy of the hearings unless the law provides to the
contrary. Any person having a direct interest in the arbitration is entitled to attend hearings. The arbitrator shall
otherwise have the power to require the exclusion of any witness, other than a party or other essential person,
during the testimony of any other witness. It shall be discretionary with the arbitrator to determine the propriety of
the attendance of any person other than a party and its representative.
R-17. Representation
Any party may be represented by counsel or other authorized representative. A party intending to be so
represented shall notify the other party and the Arbitration Provider of the name and address of the representative
at least three calendar days prior to the date set for the hearing at which that person is first to appear.
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R-18. Oaths
Before proceeding with the first hearing, each arbitrator may take an oath of office and, if required by law, shall do
so. The arbitrator may require witnesses to testify under oath administered by any duly qualified person and, if it is
required by law or requested by any party, shall do so.
R-19. Stenographic Record
Any party desiring a stenographic record shall make arrangements directly with a stenographer and shall notify
the other parties of these arrangements at least three days in advance of the hearing. The requesting party or
parties shall pay the cost of the record. If the transcript is agreed by the parties, or determined by the arbitrator to
be the official record of the proceeding, it must be provided to the arbitrator and made available to the other
parties for inspection, at a date, time, and place determined by the arbitrator.
R-20. Interpreters
Any party wishing an interpreter shall make all arrangements directly with the interpreter and shall assume the
costs of the service.
R-21. Postponements
The arbitrator for good cause shown may postpone any hearing upon agreement of the parties, upon request of a
party, or upon the arbitrator's own initiative.
R-22. Arbitration in the Absence of a Party or Representative
Unless the law provides to the contrary, the arbitration may proceed in the absence of any party or representative
who, after due notice, fails to be present or fails to obtain a postponement. An award shall not be made solely on
the default of a party. The arbitrator shall require the party who is present to submit such evidence as the
arbitrator may require for the making of an award.
R-23. Conduct of Proceedings
(a) The Contractor shall present evidence to support its claim. CDOT shall then present evidence supporting its
defense. Witnesses for each party shall also submit to questions from the arbitrator and the adverse party.
The arbitrator has the discretion to vary this procedure; provided that the parties are treated with equality and
that each party has the right to be heard and is given a fair opportunity to present its case.
(b) The arbitrator, exercising his or her discretion, shall conduct the proceedings with a view to expediting the
resolution of the dispute and may direct the order of proof, bifurcate proceedings, and direct the parties to
focus their presentations on issues the decision of which could dispose of all or part of the case. The
arbitrator shall entertain motions, including motions that dispose of all or part of a claim or that may expedite
the proceedings, and may also make preliminary rulings and enter interlocutory orders.
(c) The parties may agree to waive oral hearings in any case.
R-24. Evidence
(a) The arbitrators shall consider all written information available in the claim record and all oral presentations in
support of that record by the Contractor and CDOT. Conformity to legal rules of evidence shall not be
necessary.
(b) The arbitrators shall not consider any written documents or arguments which have not previously been made
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a part of the claim record, other than clarification and data supporting previously submitted documentation.
The arbitrators shall not consider an increase in the amount of the claim, or any new claims.
(c) The arbitrator shall determine the admissibility, relevance, and materiality of any evidence offered. The
arbitrator may request offers of proof and may reject evidence deemed by the arbitrator to be cumulative,
unreliable, unnecessary, or of slight value compared to the time and expense involved. All evidence shall be
taken in the presence of all of the arbitrators and all of the parties, except where: (i) any of the parties is
absent, in default, or has waived the right to be present, or (ii) the parties and the arbitrators agree otherwise.
(d) The arbitrator shall take into account applicable principles of legal privilege, such as those involving the
confidentiality of communications between a lawyer and client.
(e) An arbitrator or other person authorized by law to subpoena witnesses or documents may do so upon the
request of any party or independently.
R-25. Evidence by Affidavit and Post-hearing Filing of Documents or Other Evidence
(a) The arbitrator may receive and consider the evidence of witnesses by declaration or affidavit, but shall give it
only such weight as the arbitrator deems it entitled to after consideration of any objection made to its
admission.
(b) If the parties agree or the arbitrator directs that documents or other evidence be submitted to the arbitrator
after the hearing, the documents or other evidence, unless otherwise agreed by the parties and the arbitrator,
shall be filed with the Arbitration Provider for transmission to the arbitrator. All parties shall be afforded an
opportunity to examine and respond to such documents or other evidence.
R-26. Inspection or Investigation
An arbitrator finding it necessary to make an inspection or investigation in connection with the arbitration shall
direct the Arbitration Provider to so advise the parties. The arbitrator shall set the date and time and the
Arbitration Provider shall notify the parties. Any party who so desires may be present at such an inspection or
investigation. In the event that one or all parties are not present at the inspection or investigation, the arbitrator
shall make an oral or written report to the parties and afford them an opportunity to comment.
R-27. Interim Measures
(a) The arbitrator may take whatever interim measures he or she deems necessary, including injunctive relief and
measures for the protection or conservation of property and disposition of perishable goods.
(b) A request for interim measures addressed by a party to a judicial authority shall not be deemed incompatible
with the agreement to arbitrate or a waiver of the right to arbitrate.
R-28. Closing of Hearing
When satisfied that the presentation of the parties is complete, the arbitrator shall declare the hearing closed.
If documents or responses are to be filed as provided in Section R-24, or if briefs are to be filed, the hearing shall
be declared closed as of the final date set by the arbitrator for the receipt of documents, responses, or briefs. The
time limit within which the arbitrator is required to make the award shall commence to run, in the absence of other
agreements by the parties and the arbitrator, upon the closing of the hearing.
R-29. Reopening of Hearing
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The hearing may be reopened on the arbitrator's initiative, or by direction of the arbitrator upon application of a
party, at any time before the award is made. If reopening the hearing would prevent the making of the award
within the specific time agreed to by the parties in the arbitration agreement, the matter may not be reopened
unless the parties agree to an extension of time. When no specific date is fixed by agreement of the parties, the
arbitrator shall have 15 calendar days from the closing of the reopened hearing within which to make an award.
R-30. Waiver of Rules
Any party who proceeds with the arbitration after knowledge that any provision or requirement of these rules has
not been complied with and who fails to state an objection in writing shall be deemed to have waived the right to
object.
R-31. Extensions of Time
The parties may modify any period of time by mutual agreement. The Arbitration Provider or the arbitrator may for
good cause extend any period of time established by these rules, except the time for making the award. The
Arbitration Provider shall notify the parties of any extension.
R-32. Serving of Notice
(a) Any papers, notices, or process necessary or proper for the initiation or continuation of an arbitration under
these rules; for any court action in connection therewith, or for the entry of judgment on any award made
under these rules, may be served on a party by mail addressed to the party or its representative at the last
known address or by personal service, in or outside the state where the arbitration is to be held, provided that
reasonable opportunity to be heard with regard thereto has been granted to the party.
(b) The Arbitration Provider, the arbitrator and the parties may also use overnight delivery, electronic facsimile
transmission (fax), or electronic mail (email) to give the notices required by these rules.
(c) Unless otherwise instructed by the Arbitration Provider or by the arbitrator, any documents submitted by any
party to the Arbitration Provider or to the arbitrator shall simultaneously be provided to the other party or
parties to the arbitration.
R-33. Majority Decision
When the panel consists of more than one arbitrator, unless required by law or by the arbitration agreement, a
majority of the arbitrators must make all decisions.
R-34. Time of Award
The award shall be made promptly by the arbitrator and, unless otherwise agreed by the parties or specified by
law, no later than 30 calendar days from the date of closing the hearing, or, if oral hearings have been waived,
from the date of the Arbitration Provider’s transmittal of the final statements and proofs to the arbitrator.
R-35. Form of Award
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;
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(b) Decisions concerning the validity of the claim;
(c) Decisions concerning the value of the claim as to cost impacts if the claim is determined to be valid;
(d) The contractual and factual bases supporting the decisions made including an explanation as to why each
and every position was accepted or rejected;
(e) Detailed and supportable calculations which support any decisions.
R-36. Scope of Award
(a) The arbitrator may grant any remedy or relief that the arbitrator deems just and equitable and within the scope
of the agreement of the parties, including, but not limited to, equitable relief and specific performance of a
contract.
(b) In addition to the final award, the arbitrator may make other decisions, including interim, interlocutory, or partial
rulings, orders, and awards. (c) The award of the arbitrator may include interest at the statutory rate and from
such date as the arbitrator may deem appropriate.
R-37. Delivery of Award to Parties
Parties shall accept as notice and delivery of the award the placing of the award or a true copy thereof in the mail
addressed to the parties or their representatives at the last known address, personal or electronic service of the
award, or the filing of the award in any other manner that is permitted by law.
R-38. Modification of Award
Within 10 calendar days after the transmittal of an award, the arbitrator on his or her initiative, or any party, upon
notice to the other parties, may request that the arbitrator correct any clerical, typographical, technical or
computational errors in the award. The arbitrator is not empowered to redetermine the merits of any claim already
decided.
If the modification request is made by a party, the other parties shall be given 10 calendar days to respond to the
request. The arbitrator shall dispose of the request within 25 calendar days after transmittal by the Arbitration
Provider to the arbitrator of the request.
If applicable law provides a different procedural time frame, that procedure shall be followed.
R-39. Appeal of Award
Appeal of the arbitrators’ decision concerning the merit of the claim is governed by the Colorado Uniform
Arbitration Act, C.R.S. §§ 13-22-202 to -230. Either party may appeal the arbitrator’s decision on the value of the
claim to the Colorado State District Court in and for the City and County of Denver for trial de novo.
R-40. Release of Documents for Judicial Proceedings
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
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the party's right to arbitrate.
(b) Neither the Arbitration Provider nor any arbitrator in a proceeding under these rules is a necessary or proper
party in judicial proceedings relating to the arbitration.
(c) Parties to these rules shall be deemed to have consented that judgment upon the arbitration award may be
entered in any federal or state court having jurisdiction thereof.
(d) Parties to an arbitration under these rules shall be deemed to have consented that neither the Arbitration
Provider nor any arbitrator shall be liable to any party in any action for damages or injunctive relief for any act
or omission in connection with any arbitration under these rules.
R-42. Administrative Fees
The Arbitration Provider shall prescribe filing and other administrative fees and service charges to compensate it
for the cost of providing administrative services. The fees in effect when the fee or charge is incurred shall be
applicable. Such fees and charges shall be borne equally by the parties.
The Arbitration Provider may, in the event of extreme hardship on the part of any party, defer or reduce the
administrative fees.
R-43. Expenses
The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses
of the arbitration, including required travel and other expenses of the arbitrator, Arbitration Provider
representatives, and any witness and the cost of any proof produced at the direct request of the arbitrator, shall
be borne equally by the parties.
R-44. Neutral Arbitrator's Compensation
Arbitrators shall be compensated a rate consistent with the arbitrator's stated rate of compensation.
If there is disagreement concerning the terms of compensation, an appropriate rate shall be established with the
arbitrator by the Arbitration Provider and confirmed to the parties.
Such compensation shall be borne equally by the parties.
R-45. Deposits
The Arbitration Provider may require the parties to deposit in advance of any hearings such sums of money as it
deems necessary to cover the expense of the arbitration, including the arbitrator's fee, if any, and shall render an
accounting to the parties and return any unexpended balance at the conclusion of the case.
R-46. Interpretation and Application of Rules
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
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inform the parties in order that the parties may advance the required payment. If such payments are not made,
the arbitrator may order the suspension or termination of the proceedings. If no arbitrator has yet been appointed,
the Arbitration Provider may suspend the proceedings.
FAST TRACK PROCEDURES
F-1. Limitations on Extensions
In the absence of extraordinary circumstances, the Arbitration Provider or the arbitrator may grant a party no more
than one seven-day extension of the time in which to respond to the demand for arbitration or counterclaim as
provided in Section R-3.
F-2. Changes of Claim
The arbitrator will not consider any information that was not previously made a part of the claim record as
transmitted by the Chief Engineer, other than clarification and data supporting previously submitted
documentation
F-3. Serving of Notice
In addition to notice provided above, the parties shall also accept notice by telephone. Telephonic notices by the
Arbitration Provider shall subsequently be confirmed in writing to the parties. Should there be a failure to confirm
in writing any such oral notice, the proceeding shall nevertheless be valid if notice has, in fact, been given by
telephone.
F-4. Appointment and Qualification of Arbitrator
Immediately after the retention of the Arbitration Provider, the Arbitration Provider will simultaneously submit to
each party a listing and biographical information from its panel of arbitrators knowledgeable in construction who
are available for service in Fast Track cases. The parties are encouraged to agree to an arbitrator from this list,
and to advise the Arbitration Provider of their agreement, or any factual objections to any of the listed arbitrators,
within 7 calendar days of the transmission of the list. The Arbitration Provider will appoint the agreed-upon
arbitrator, or in the event the parties cannot agree on an arbitrator, will designate the arbitrator from among those
names not stricken for factual objections.
The parties will be given notice by the Arbitration Provider of the appointment of the arbitrator, who shall be
subject to disqualification for the reasons specified above. Within the time period established by the Arbitration
Provider, the parties shall notify the Arbitration Provider of any objection to the arbitrator appointed. Any objection
by a party to the arbitrator shall be for cause and shall be confirmed in writing to the Arbitration Provider with a
copy to the other party or parties.
F-5. Preliminary Telephone Conference
Unless otherwise agreed by the parties and the arbitrator, as promptly as practicable after the appointment of the
arbitrator, a preliminary telephone conference shall be held among the parties or their attorneys or
representatives, and the arbitrator.
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
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There shall be no discovery, except as provided in Section F-4 or as ordered by the arbitrator in extraordinary
cases when the demands of justice require it.
F-8. Date, Time, and Place of Hearing
The arbitrator shall set the date and time, and place of the hearing, to be scheduled to take place within 30
calendar days of confirmation of the arbitrator's appointment. The Arbitration Provider will notify the parties in
advance of the hearing date. All hearings shall be held within the City and County of Denver.
F-9. The Hearing
(a) Generally, the hearing shall not exceed 1 day. Each party shall have equal opportunity to submit its proofs
and complete its case. The arbitrator shall determine the order of the hearing, and may require further
submission of documents within two business days after the hearing. For good cause shown, the arbitrator
may schedule 1 additional hearing day within 7 business days after the initial day of hearing.
(b) Generally, there will be no stenographic record. Any party desiring a stenographic record may arrange for one
pursuant to the provisions above.
F-10. Time of Award
Unless otherwise agreed by the parties, the award shall be rendered not later than 14 calendar days from the
date of the closing of the hearing or, if oral hearings have been waived, from the date of the Arbitration Provider’s
transmittal of the final statements and proofs to the arbitrator.
F-11. Time Standards
The arbitration shall be completed by settlement or award within 60 calendar days of confirmation of the
arbitrator's appointment, unless all parties and the arbitrator agree otherwise or the arbitrator extends this time in
extraordinary cases when the demands of justice require it.
F-12. Arbitrator's Compensation
Arbitrators will receive compensation at a rate to be suggested by the Arbitration Provider regional office.
PROCEDURES FOR LARGE, COMPLEX CONSTRUCTION DISPUTES
L-1. Large, Complex Construction Disputes
The procedures for large, complex construction disputes shall apply to any claim with a value exceeding $500,000
or as agreed to by the parties.
L-2. Administrative Conference
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:
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(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;
(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
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(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
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Contractor provides written notice of dispute to Project Engineer
Contractor provides written REA including the following:
(1) Date of dispute
(2) Nature of order and circumstances causing dispute
(3) Contract provisions supporting dispute
(4) Estimated cost of dispute with supporting documentation
(5) Analysis of progress schedule and disruption, if any
Adjustment of
payment/schedule in
consultation with
Program Engineer -
Dispute is resolved
Dispute is
unresolved
Proj Eng/Res Eng & Supt/PM & Contractor’s rep with decision authority above the
project level to meet regularly to discuss dispute
PE denies merit of dispute
DRB agreement signed
PE determines dispute has merit
DRB renders a recommendation
Either party rejects DRB recommendation DRB recommendation is accepted
Up to 30 days – 105.22 (d)
105.22 Project Issue – Verbal discussions between Proj. Eng. and Supt.
Impasse
15 Days – 105.22 (b)
CDOT Project Engineer and Contractor discuss merit of dispute
15 Days – 105.22 (c)
Merit granted –
Quantum negotiations
30 Days – 105.22 (c)
10 days – 105.23 (h)
30 days – 105.23 (g)
DRB Hearing
14 days – 105.23 (i)
Figure 105-1
DISPUTES AND CLAIMS FLOW CHART
Contractor rejects PE’s denial. Contractor
provides written notice to RE.
Contractor accepts denial.
Dispute is resolved.
7 days – 105.22 (c)
7 days – 105.22 (d)
20 days – 105.23 (d)
5 Days –
105.23 (a)
7 days – 105.22 (c)
Figure 105-1 continued on next page
Prehearing Submittal
15 days – 105.23 (e)
Request for Clarification and Reconsideration
Disagree on quantum
105.23(a) Proj Eng
initiates DRB process
30/ 45 days –
105.23(b)
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Contractor rejects CE decision Contractor accepts CE decision Decision is implemented
Adjustment of
payment/schedule in
consultation with
Program Engineer -
Dispute is resolved
Optional Mediation
Dispute is unresolved Dispute is resolved
Contractor initiates Resolution is implemented
Binding Arbitration or Litigation
(Whichever was selected at Contract execution)
Litigation
Court Decision
Binding Arbitration
Arbitrator(s) render recommendation
Appeal process only for damages
Chief Engineer
renders decision
45 days – 05.24 (e)
Either party rejects DRB recommendation
Decision is implemented
Contractor submits certified claim package w/RTD (and Audit Unit if over $250K)
Contractor rejects and
appeals RTD decision to CE
Contractor accepts decision
30 days – 105.24 (a)
60 days – 105.24 (d)
60 days – 105.24 (b)
105.24 Notice of intent to file a claim
30 days – 105.24 (d)
Figure 105-1 (continued)
Request for hearing
RTD renders a decision
15 days
105.24 (e)
60 days - 105.24 (e)
30 days – 105.24 (e)
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.
1 May 2, 2013
REVISION OF SECTIONS 107 and 208
WATER QUALITY CONTROL
UNDER ONE ACRE OF DISTURBANCE
Sections 107, 208, are hereby revised for this project as follows:
In subsection 107.25(b)6 delete the second paragraph and replace it with the following:
The Contractor shall record the location of potential pollutants on the plans. Descriptions of the potential
pollutants shall be submitted to and approved by the Engineer.
In subsection 208.03 delete the first paragraph and replace it with the following:
Prior to construction the Contractor shall implement BMPs in accordance with the approved project schedule as
described in subsection in 208.03(b).
In subsection 208.03 delete the third, fourth, and fifth paragraphs and replace them with the following:
The Contractor shall evaluate all non-stormwater coming onto the site, such as springs, seeps, and landscape
irrigation return flow. If such flow is identified, BMPs shall be used to protect off-site water from becoming
contaminated with sediment or other pollutants.
The Contractor shall review existing inlets and culverts to determine if inlet protection is needed due to water flow
patterns. Prior to beginning construction, inlets and culverts needing protection shall be protected and the
location of the implemented BMP added to the plans.
When additional BMPs are required and approved by the Engineer, the Contractor shall implement the additional
BMPs and shall record and describe them on the plans. The approved BMPs will be measured and paid for in
accordance with subsections 208.11 and 208.12.
Delete subsections 208.03(c) and (d) and replace them with the following:
(c) Implementation, Maintenance and Revision of the SWMP.
The Contractor's responsibilities shall be as follows:
(1) Install, construct, and maintain all BMPs specified in the Contract and coordinate the construction of
BMPs with all other construction operations.
(2) Implement suitable temporary erosion and sediment control features as necessary to correct
unforeseen conditions or emergency situations. Dismantle those features when their purpose has been
fulfilled unless the Engineer directs that the features be left in place.
(3) Implement necessary actions to reduce anticipated or presently existing water quality or erosion
problems resulting from construction activities.
(4) Make available, all labor, material, and equipment needed to install, maintain, and remove BMPs.
(5) When included in the Contract, the Contractor shall assign to the project an individual to serve in the
capacity of Erosion Control Supervisor (ECS). The ECS may be the Superintendent. The ECS shall
be experienced in all aspects of construction and have satisfactorily completed an ECS training
program authorized by the Department. Proof that this requirement has been met shall be submitted to
the Engineer prior to or at the preconstruction conference. A list of authorized ECS training programs
will be provided by the Engineer upon request by the Contractor. The ECS shall be the person
responsible for ensuring that the responsibilities listed in (1) through (4) above are fulfilled
(d) Documentation Available on the Project. The following Contract documents and references will be made
available for reference in one location on the project during construction.
1. Project Documents. The following documents shall be kept, maintained, and updated in a single notebook:
(1) SWMP Sheets
(2) SWMP site map, if applicable to the project.
(3) Details of BMPs used on the project not covered in Standard Plan M-208-1.
(4) List of potential pollutants as described in subsection 107.25.
(5) SPCC and reports of reportable spills submitted to CDPHE.
(6) Form 105s and all other correspondence relating to water quality.
2 May 2, 2013
REVISION OF SECTIONS 107 and 208
WATER QUALITY CONTROL
UNDER ONE ACRE OF DISTURBANCE
(7) Project environmental permits and associated applications and certifications.
2. Reference Materials
(1) CDOT Erosion Control and Stormwater Quality Guide.
(2) CDOT Erosion Control and Stormwater Quality Field Guide.
(3) Copy of biological opinion, if applicable.
In subsection 208.04 delete the first and second paragraphs and replace them with the following:
The Contractor shall modify the SWMP to clearly describe and locate all BMPs implemented at the site to control
potential sediment discharges from vehicle tracking.
Vehicle tracking pads shall be used at all vehicle and equipment access points to the site to prevent sediment
exiting the project site onto paved public roads. Access shall be provided only at locations approved by the
Engineer.
Delete subsection 208.04(e) and replace it with the following:
(e) Stabilization. Once earthwork has begun on a section, it shall be pursued until completion.
Clearing and grubbing operations shall be scheduled and performed so that grading operations and final
stabilization measures can follow immediately thereafter if the project conditions permit. Otherwise temporary
stabilization measures shall be taken between successive construction stages. Additional work required
because the Contractor has failed to properly coordinate the entire erosion control schedule, thus causing
previously seeded areas to be disturbed by operations that could have been performed prior to the seeding
shall be performed at the Contractor's expense.
In subsection 208.06 delete the first paragraph and replace it with the following:
The Contractor shall clearly describe and record on the SWMP, all practices implemented at the site to minimize
impacts from procedures or significant material that could contribute pollutants to runoff. Areas or procedures
where potential spills can occur shall have spill contingency plans in place as specified in subsections 107.25(b)6
or 208.06(c).
In subsection 208.07 delete the second paragraph and replace it with the following:
Erodible stockpiles (including topsoil) shall be contained with acceptable BMPs at the toe (or within 20 feet of the
toe) throughout construction. BMPs shall be approved by the Engineer.
In subsection 208.08, delete the first paragraph and replace it with the following:
The Contractor shall limit construction activities to those areas within the limits of disturbance shown on the plans
and cross-sections. Construction activities, in addition to the Contract work, shall include the on-site parking of
vehicles or equipment, on-site staging, on-site batch plants, haul roads or work access, and all other action which
would disturb existing conditions. Off road staging areas must be pre-approved by the Engineer, unless otherwise
designated in the Contract. Construction activities beyond the limits of disturbance due to Contractor negligence
shall be restored to the original condition by the Contractor at the Contractor’s expense. The Contractor shall
tabulate additional disturbances not identified in the SWMP and indicate locations and quantities on the SWMP
and report to the Engineer.
In subsection 208.09, second paragraph, delete the list and replace it with the following:
(1) Failure to include erosion control in the project schedule or failure to include erosion control in each
schedule update as specified in subsection 208.03(b).
(2) Failure of the Contractor to implement necessary actions required by the Engineer as required by
subsection 208.03(c).
(3) Failure to amend SWMP and implement BMPs as required by subsection 208.04.
(4) Failure to keep documentation and records current.
(5) Failure to construct or implement erosion control or spill containment measures required by the Contract, or
failure to construct or implement them in accordance with the Contractor’s approved schedule as required
3 May 2, 2013
REVISION OF SECTIONS 107 and 208
WATER QUALITY CONTROL
UNDER ONE ACRE OF DISTURBANCE
by subsection 208.06(c).
(6) Failure to stabilize disturbed areas as required by subsections 208.04(e) and 208.08.
(7) Failure to replace or perform maintenance on an erosion control feature after notice from the Engineer to
replace or perform maintenance as required by subsection 208.04(f).
(8) Failure to remove and dispose of sediment from BMPs as required.
(9) Failure to install and properly utilize a concrete washout structure for containing washout from concrete
placement operations.
(10) Failure to perform permanent stabilization as required by subsection 208.04 (e).
In subsection 208.09 delete the third paragraph and replace it with the following:
The Engineer will immediately notify the Contractor in writing of each incident of failure to perform erosion control
in accordance with the Specifications, including, but not limited to items (1) through (10) above. Correction shall
be made as soon as possible but no later than 48 hrs from the date of notification to correct the failure. The
Contractor will be charged liquidated damages in the amount of $875 for each calendar day after the 48 hour
period has expired, that one or more of the incidents of failure to perform items (1) through (10) above, remains
uncorrected.
In subsection 208.09 delete the eighth and ninth paragraphs and replace them with the following:
Disagreements regarding the suggested corrective action for a BMP compliance issue between the Project
Engineer and Superintendent, shall be discussed with the Resident Engineer and Region Water Pollution Control
Manager. If after meeting the Contractor is still in disagreement and feels that additional compensation is owed,
the Contractor will follow the decision of the Project Engineer, keep track of the costs and negotiate further with
the Project Engineer. If after pursuing the issue, the Contractor is unable to reach agreement with the Project
Engineer, then the Contractor can follow the dispute process outlined in subsection 105.22.
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
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
1
REVISION OF SECTIONS 203, 206, 304 AND 613
COMPACTION
Sections 203, 304 and 613 of Standard Specifications are hereby revised for this project as follows:
In subsection 203.03 (a), delete the fifth paragraph and replace with the following:
1. Soil Embankment. Soil embankment consists of materials with 50 percent or more of the material passing the
4.75 mm (No. 4) sieve.
A soil embankment may also have more than 50 percent of the material retained on the 4.75 mm (No. 4)
sieve, but no more than 30 percent of the material retained on the 19 mm (3/4 inch) sieve.
Soil embankment shall be constructed with moisture density control in accordance with the requirements of
subsection 203.07.
2. Rock Embankment. Rock embankment consist of materials with 50 percent or more of the material retained on
the 4.75 mm (No. 4) sieve and with more than 30 percent of the material retained on the 19 mm (3/4 inch)
sieve. All material shall be smaller than 6 inches. Rock embankments shall be constructed without moisture
density control in accordance with the requirements of subsection 203.08.
Delete Subsection 203.07 and replace with the following:
203.07 Construction of Embankment and Treatment of Cut Areas with Moisture and Density Control. Soil
embankments shall be constructed with moisture and density control and the soil upon which the embankments
are to be constructed shall be scarified to a depth of 6 inches and compacted with moisture and density control.
The moisture content of the soil at the time of compaction shall be as specified or directed.
The material shall be removed from the full width of roadbed in all cut sections to the designated depth. The soil
below the designated depth shall be thoroughly scarified to a depth of 6 inches and the moisture content
increased or reduced, as necessary, to obtain the moisture content specified. This scarified layer shall then be
compacted to the relative compaction specified.
All embankment material shall be compacted to not less than 95 percent relative compaction. Maximum dry
density of all soil types encountered or used will be determined in accordance with AASHTO T 99 as modified by
CP 23.
Soils shall be compacted at ± 2 percent of Optimum Moisture Content (OMC) as determined by AASTHO T 99.
Soils having greater than 35 percent passing the 75 µm (No. 200) sieve shall be compacted to 0 to 3 percent
above OMC. Soils which are unstable at the above moisture content shall be compacted at lower moisture
content to the specified density.
Additional work involved in drying embankment material to the required moisture content shall be included in the
contract price paid for excavating or furnishing the material with no additional compensation.
Density requirements will not apply to materials which cannot be tested in accordance with the above procedures
for determining maximum dry density. Compaction for materials which cannot be tested shall be in accordance
with subsection 203.08.
Claystone or soil-like non-durable shale shall be pulverized and compacted to the specified moisture and percent
of relative compaction and shall be compacted with a heavy tamping foot roller, weighing at least 30 tons. Each
tamping foot roller shall protrude from the drum a minimum of 4 inches. Each embankment layer shall receive a
minimum of three or more coverages with the tamping foot roller to obtain density. One coverage consists of one
pass over the entire surface designated. One pass consists of the passing of an acceptable tamping foot roller
over a given spot. The roller shall be operated at a uniform speed not exceeding 3 miles per hour. No additional
compensation will be made for additional roller coverages to achieve specified density requirements.
July 19, 2012
2
REVISION OF SECTIONS 203, 206, 304 AND 613
COMPACTION
In subsection 206.03, delete the fourth and fifth paragraphs and replace with the following:
Backfill shall consist of approved materials uniformly distributed in layers brought up equally on all sides of the
structure. Each layer of backfill shall not exceed 6 inches before compacting to the required density and before
successive layers are placed. Structure backfill (Class 1) shall be compacted to a density of not less than 95
percent of maximum dry density determined in accordance with AASHTO T 180 as modified by CP 23. Backfill
shall be compacted at ± 2 percent of Optimum Moisture Content (OMC).
Structure backfill (Class 2) shall be compacted to a density of not less than 95 percent of maximum dry density.
The maximum dry density and OMC for A-1, A-2-4. A-2-5 and A-3 materials will be determined in accordance with
AASHTO T 180 as modified by CP 23. The maximum dry density and OMC for all other materials will be
determined in accordance with AASHTO T 99 as modified by CP 23. Materials shall be compacted at ± 2percent
of Optimum Moisture Content (OMC). Materials having greater than 35 percent passing the 75 µm (No. 200)
sieve shall be compacted at 0 to 3 percent above OMC.
In subsection 304.06, delete the first paragraph and replace with the following:
304.06 Shaping and Compaction. Compaction of each layer shall continue until a density of not less than 95
percent of the maximum density determined in accordance with AASHTO T 180 as modified by CP 23 has been
achieved. The moisture content shall be at +/-2 percent of optimum moisture content. The surface of each layer
shall be maintained during the compaction operations so that a uniform texture is produced and the aggregates
are firmly keyed. Moisture conditioning shall be performed uniformly during compaction.
In subsection 613.07, delete the 15th paragraph and replace with the following:
Trenching shall be backfilled and compacted as follows: Backfill shall be deposited in uniform layers. The
thickness of each layer shall be 6 inches or less thick prior to compaction. The space under the conduit shall be
completely filled. The remainder of the trench and excavation shall be backfilled to the finished grade. The backfill
material shall be compacted to the density of not less than 95 percent of maximum dry density. The maximum
dry density and optimum moisture content (OMC) for A-1, A-2-4. A-2-5 and A-3 materials will determined in
accordance with AASHTO T 180 as modified by CP 23. The maximum dry density and OMC for all other
materials will determined in accordance with AASHTO T 99 as modified by CP 23. Materials shall be compacted
at ± 2percent of Optimum Moisture Content (OMC). Materials having greater than 35 percent passing the 75 µm
(No. 200) sieve shall be compacted at 0 to 3 percent above OMC. Each layer shall be mechanically compacted by
tamping with power tools approved by the Engineer. Compaction methods or equipment that damage the conduit
shall not be used.
July 29, 2011
REVISION OF SECTIONS 206 AND 601
BACKFILLING STRUCTURES THAT
SUPPORT LATERAL EARTH PRESSURES
Sections 206 and 601 of the Standard Specifications are hereby revised for this project as follows:
In subsection 206.03, delete the ninth paragraph and replace with the following:
Backfill material shall not be deposited against newly constructed masonry or concrete structures, until the
concrete has developed a compressive strength of 0.8 f 'c, except in cases where the structures support lateral
earth pressure. Concrete compressive strength for structures supporting lateral earth pressure shall conform to
subsection 601.12 (o).
Subsection 601.12 shall include the following:
(o) Backfilling Structures that Support Lateral Earth Pressure. Concrete compressive strengths shall reach f'c
before backfilling operations can begin with heavy equipment, such as skid-steers or self-powered riding
compactors. Concrete compressive strengths shall reach 0.8 f'c before backfilling operations can begin with
hand operated equipment.
July 19, 2012
1
REVISION OF SECTION 206
IMPORTED MATERIAL FOR STRUCTURE BACKFILL
Section 206 of the Standard Specifications is hereby revised for this project as follows:
Subsection 206.02 (a) shall include the following:
Imported Material used as structure backfill for pipes (storm sewer, cross culverts, side drains, etc) shall be tested
for compatibility with the selected pipe material.
When Nonreinforced Concrete Pipe or Reinforced Concrete Pipe is used, the imported material shall be tested for
sulfate and pH.
When Corrugated Steel Pipe, Bituminous Coated Corrugated Steel Pipe or Precoated Corrugated Steel Pipe is
used, the imported material shall be tested for sulfates, chlorides, pH and resistivity.
When Aramid Fiber Bonded Corrugated Steel Pipe or Corrugated Aluminum Pipe is used, the imported material
shall be tested for pH and resistivity.
When Plastic pipe is selected, the imported material does not need to be tested for sulfates, chlorides, pH and
resistivity.
Sulfates, chlorides, pH and resistivity shall be determined by the following procedures:
(1) Water soluble sulfates using CP-L 2103 Method B.
(2) Chlorides using CPL 2104
(3) Resistivity using ASTM G57
(4) pH using ASTM G51.
The average of three consecutive tests shall show the imported material’s sulfate, chloride, pH and resistivity is
not greater than the limits corresponding to the Pipe Class in Table 206-1 or 206-2 for the pipe class specified on
the plans. No single test shall have a result more than 20 percent greater than that corresponding to the limit in
Table 206-1 or Table 206-2 for sulfates, chlorides and resistivity. No single test shall have a result more than 5
percent outside the limit in Table 206-1 for pH. The remaining sample material from a single failing test shall be
split into three equal portions. CDOT shall receive one portion, the Contractor shall receive one portion and the
remaining portion shall be retained by the Project. CDOT and the Contractor’s Lab shall retest the failed sample;
if the results from those tests are within 10 percent of each other, the results will be averaged. The averaged
result will be used for Contract compliance. If the results from the Labs are not within 10 percent of each other,
the remaining sample portion will be sent to an independent laboratory for testing using the testing requirements
specified above. The independent laboratory will be mutually agreed upon by the Department and the Contractor.
The Independent Lab’s test result will be used for Contract compliance.
If the imported material’s sulfates, chlorides, and resistivity are less than the limits and the pH is within the limits in
Table 203-1 or 203-2, CDOT will bear all costs associated with the independent lab test. If the imported
material’s sulfates, chlorides, and resistivity is greater than the limits and the pH is outside the limits in Table 206-
1 or 206-2, all costs associated with independent lab testing shall be at the Contractor’s expense.
Embankment represented by failing tests shall be removed from the project and replaced at the Contractor’s
expense.
July 19, 2012
2
REVISION OF SECTION 206
IMPORTED MATERIAL FOR STRUCTURE BACKFILL
Table 206-1
SULFATE, CHLORIDE AND PH OF IMPORTED MATERIAL
SOIL
Pipe
Class
Sulfate Chloride
(SO4) (Cl) pH
% max % max
0 , 7 0.05 0.05 6.0-8.5
1, 7 0.10 0.10 6.0-8.5
2, 8 0.20 0.20 6.0-8.5
3, 9 0.50 0.50 6.0-8.5
4, 9 1.00 1.00 5.0-9.0
5, 10 2.00 2.00 5.0-9.0
6, 10 >2.00 >2.00 <5 or >9
Table 206-2
RESISTIVITY AND PH OF IMPORTED MATERIAL
SOIL SIDE
Resistivity, R (Ohm – cm)
pH
≥1,500 5.0-9.0
≥250 3.0-12.0
April 26, 2012
1
REVISION OF SECTION 206
STRUCTURE BACKFILL (FLOW-FILL)
Section 206 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 206.02 (a) and replace with the following:
(a) Structure Backfill. Class 1 and Class 2 structure backfill shall be composed of non-organic mineral aggregates
and soil from excavations, borrow pits, or other sources. Material shall conform to the requirements of
subsection 703.08. Class of material shall be as specified in the Contract or as designated.
Structure backfill (Flow-Fill) meeting the following requirements shall be used to backfill bridge abutments.
The Contractor may substitute structure backfill (Flow-Fill) for structure backfill (Class 1) or structure backfill
(Class 2) to backfill culverts and sewer pipes.
Flow-Fill is a self-leveling low strength concrete material composed of cement, fly ash, aggregates, water,
chemical admixtures and/or cellular foam for air-entrainment. Flow-fill shall have a slump of 7 to 10 inches,
when tested in accordance with ASTM C143 or a minimum flow consistency of 6 inches when tested in
accordance with ASTM D6103. Flow-Fill shall have a minimum compressive strength of 50 psi at 28 days,
when tested in accordance with ASTM D4832. Flash Fill shall not be used in lieu of Flow Fill.
Flow-Fill placed in areas that require future excavation, such as utility backfill shall have a Removability
Modulus (RM) of 1.5 or less.
Removability Modulus, RM, is calculated as follows:
RM = W1.5 x 104 x C0.5
106
where : W = unit weight (pcf)
C = 28-day compressive strength (psi)
Materials for structure backfill (Flow-Fill) shall meet the requirements specified in the following subsections:
Fine Aggregate1, 4 703.01
Coarse Aggregate2, 4 703.02
Portland Cement 701.01
Fly Ash3, 4 701.02
Water 712.01
Air Entraining Admixture 711.02
Chemical Admixtures 711.03
1 Fine aggregate not meeting the requirements of subsection 703.01 may be used if testing indicates
acceptable results for strength and air content.
2 Coarse aggregate not meeting the requirements of subsection 703.02 may be used if testing indicates
acceptable results for strength and air content.
3 Fly ash not meeting the requirements of subsection 701.02 may be used if testing indicates acceptable
results for strength and air content.
4 Industrial by-product aggregates (foundry sand, bottom ash, etc..) and fly ash not meeting the requirements
of subsection 701.02 shall submit a report from the supplier documenting the results of testing in accordance
with the Toxicity Characteristic Leaching Procedure (TCLP) described in 40 CFR 261. The report shall include
the results of TCLP testing for heavy metals and other contaminants. Materials shall not exceed the TCLP
limits of 40 CFR 261.24 for heavy metals
Cellular foam shall conform to ASTM C869 and ASTM C796
Recycled broken glass (glass cullet) is acceptable as part or all of the aggregate. Aggregate including glass
must conform to the required gradations. All containers used to produce the cullet shall be empty prior to
processing. Chemical, pharmaceutical, insecticide, pesticide, or other glass containers containing or having
contained toxic or hazardous substances shall not be allowed and shall be grounds for rejecting the glass
April 26, 2012
2
REVISION OF SECTION 206
STRUCTURE BACKFILL (FLOW-FILL)
cullet. The maximum debris level in the cullet shall be 10 percent. Debris is defined as any deleterious
material which impacts the performance of the structure backfill (Flow-Fill) including all non-glass
constituents.
The Contractor may use aggregate which does not meet the above specifications if the aggregate conforms
to the following gradation:
Sieve Size Percent Passing
25.0 mm (1 inch) 100
75 μm (No. 200) 0‑ 101
1 The amount of material passing the 75 μm (No. 200) screen may exceed 10 percent if testing indicates
acceptable results for strength and air content.
The Contractor shall submit a structure backfill (Flow-Fill) mix design for approval prior to placement. The mix
design shall include the following laboratory test data:
(1) ASTM C231, Air content
(2) ASTM D6023, Unit Weight
(3) ASTM C143, Slump or ASTM D6103 flow consistency
(4) ASTM D4832 28-day Compressive Strength
(5) Removability Modulus (RM)
In subsection 206.03, delete the thirteenth through fifteenth paragraphs and replace with the following:
Compaction of structure backfill (Flow-Fill) shall not be performed.
The maximum layer thickness for structure backfill (Flow-Fill) shall be 3 feet unless otherwise approved by the
Engineer. The Contractor shall not place structure backfill (Flow-Fill) in layers that are too thick to cause damage
to culverts, pipes and other structures, or that will cause formwork or soil failures during placement. Structure
backfill (Flow-Fill) shall have an indention diameter less than 3 inches and the indention shall be free of visible
water when tested in accordance with ASTM D6024 by the Contractor prior to placing additional layers of
structure backfill (Flow-Fill).Testing structure backfill (Flow-Fill) in accordance with ASTM D6024 will be witnessed
by the Engineer. Damage resulting from placing structure backfill (Flow-Fill) in layers that are too thick or from not
allowing sufficient time between placements of layers shall be repaired at the Contractor’s expense.
The Contractor shall secure culverts, pipes and other structures to prevent floating and displacement of these
items during the placement of the structure backfill (Flow-Fill).
Prior to the placement of structure backfill (Flow-Fill), the Contractor shall sample the structure backfill (Flow-Fill)
in accordance with ASTM D5971. The Contractor shall test the structure backfill (Flow-Fill) unit weight in
accordance with ASTM D6023. The Contractor shall test the structure backfill (Flow-Fill) for slump in accordance
with ASTM C143 or flow consistency according to ASTM D6103.
The Contractor shall sample and test the first three loads of structure backfill (Flow-Fill) for each placement and
then randomly once every 50 cubic yards. Sampling and testing will be witnessed by the Engineer
When structure backfill (Flow-Fill) is placed in areas that require future excavation, the unit weight of the placed
structure backfill (Flow-Fill) shall not exceed the unit weight of the approved mix design by more than 2.0 pcf.
Structure backfill (Flow-Fill) shall not be allowed to freeze during placement and until it has set sufficiently
according to ASTM D6024. Frozen structure backfill (Flow-Fill) shall be removed and replaced at the Contractor’s
expense.
When the Contractor substitutes Structure Backfill (Flow-Fill) for Structure Backfill (Class 1) or (Class 2), the
trench width may be reduced to provide a minimum 6 inch clearance between the outside diameter of the culvert
and the trench wall.
January 31, 2013
REVISION OF SECTION 208
EROSION LOG
Section 208 of the Standard Specifications is hereby revised for this project as follows:
In subsection 208.02, delete (h) and replace with the following:
(h) Erosion log. Shall be one of the following types unless otherwise shown on the plans:
(1) Erosion Log (Type 1) shall be curled aspen wood excelsior with a consistent width of fibers evenly
distributed throughout the log. The casing shall be seamless, photo-degradable tube netting and shall
have minimum dimensions as shown in Table 208-1, based on the diameter of the log called for on the
plans. The curled aspen wood excelsior shall be fungus free, resin free, and free of growth or
germination inhibiting substances.
(2) Erosion Log (Type 2) shall consist of a blend of 30-40 percent weed free compost and 60-70 percent
wood chips. The compost/wood blend material shall pass a 50 mm (2 inch) sieve with a minimum of 70
percent retained on the 9.5 mm (3/8 inch) sieve and comply to subsection 212.02 for the remaining
compost physical properties. The compost/wood chip blend may be pneumatically shot into a geotextile
cylindrical bag or be pre-manufactured. The geotextile bag shall consist of material with openings of 3/8
inches of HDPE mesh, and contain the compost/wood chip material while not limiting water infiltration.
Erosion log (Type 1 and Type 2) shall have minimum dimensions as shown in Table 208-1, based on the diameter
of the log.
Table 208-1
NOMINAL DIMENSIONS OF EROSION LOGS
Diameter Length (feet) Weight (minimum)
(pounds/foot)
Stake
Dimensions
(Inches)
Min. Max.
9 inch 10 180 1.6 1.5 by 1.5 (nominal)
by 18
12 inch 10 180 2.5 1.5 by 1.5(nominal)
by 24
20 inch 10 100 4.0 2 by 2 (nominal)
by 30
Stakes to secure erosion logs shall consist of pinewood or hardwood.
Subsection 208.11 shall include the following:
All BMPs measured by the linear foot shall be determined along the centerline of the BMP. Measured length will
not include required overlap.
April 26, 2012
REVISION OF SECTION 212
SEED
Section 212 of the Standard Specifications is hereby revised for this project as follows:
In subsection 212.02 (a), delete the first paragraph and replace with the following:
(a) Seed. All seed shall be furnished in bags or containers clearly labeled to show the name and address of the
supplier, the seed name, the lot number, net weight, origin, the percent of weed seed content, the guaranteed
percentage of purity and germination, pounds of pure live seed (PLS) of each seed species, and the total
pounds of PLS in the container. All seeds shall be free from noxious weed seeds in accordance with current
state and local lists and as indicated in Section 213. The Contractor shall furnish to the Engineer a signed
statement certifying that the seed is from a lot that has been tested by a recognized laboratory for seed
testing within thirteen months prior to the date of seeding. The Engineer may obtain seed samples from the
seed equipment, furnished bags or containers to test seed for species identification, purity and germination.
Seed tested and found to be less than 10 percent of the labeled certified PLS and different than the specified
species will not be accepted. Seed which has become wet, moldy, or damaged in transit or in storage will not
be accepted.
January 31, 2013
REVISION OF SECTION 213
MULCHING
NOTICE
This is a standard special provision that revises or modifies CDOT’s Standard
Specifications for Road and Bridge Construction. It has gone through a formal review
and approval process and has been issued by CDOT’s Project Development Branch with
formal instructions for its use on CDOT construction projects. It is to be used as written
without change. Do not use modified versions of this special provision on CDOT
construction projects, and do not use this special provision on CDOT projects in a
manner other than that specified in the instructions unless such use is first approved by
CDOT’s Standards and Specifications Unit. The instructions for use on CDOT
construction projects appear below.
Other agencies which use the Standard Specifications for Road and Bridge Construction
to administer construction projects may use this special provision as appropriate and at
their own risk.
Instructions for use on CDOT construction projects:
Use in all projects having mulching.
January 31, 2013
1
REVISION OF SECTION 213
MULCHING
Section 213 of the Standard Specifications is hereby revised for this project as follows:
In subsection 213.01, delete the last paragraph and replace with the following:
This work includes furnishing and applying spray-on mulch blanket or bonded fiber matrix on top of rock cuts and
slopes after seeding or as temporary stabilization as shown on the plans or as directed by the Engineer.
In subsection 213.02, delete the eighth paragraph and replace with the following:
The hydromulch material for hydraulic mulching shall consist of virgin wood fibers manufactured expressly from
clean whole wood chips. The chips shall be processed in such a manner as to contain no growth or germination
inhibiting factors. Fiber shall not be produced from recycled materials such as sawdust, paper, cardboard, or
residue from pulp and paper plants. The wood cellulose fibers of the mulch must maintain uniform suspension in
water under agitation. Upon application, the mulch material shall form a blotter like mat covering the ground. This
mat shall have the characteristics of moisture absorption and percolation and shall cover and hold seed in contact
with the soil. The Contractor shall obtain certifications from suppliers that laboratory and field testing of their
product has been accomplished, and that it meets all of the foregoing requirements pertaining to wood cellulose
fiber mulch.
In subsection 213.02, delete the eleventh paragraph and replace with the following:
Material for mulch tackifier shall consist of a free-flowing, noncorrosive powder produced either from the natural
plant gum of Plantago Insularis (Desert Indianwheat) or pre-gelatinized 100 percent natural corn starch polymer.
The powders shall possess the following properties:
Plantago Insularis (Desert Indianwheat):
Property Requirement Test Method
(1) pH 1% solution 6.5 - 8.0
(2) Mucilage content 75% min. ASTM D7047
Pre-gelatinized 100 percent natural corn starch polymer:
(1) Organic Nitrogen as protein 5.5-7%
(2) Ash content 0-2%
(3) Fiber 4-5%
(4) pH 1% solution 6.5 – 8.0
(5) Size 100% thru 850 microns (20 mesh)
(6) Settleable solids <2%
All fibers shall be colored green or yellow with a biodegradable dye.
Delete the last paragraph in subsection 213.02 and replace with the following:
(a) Spray-on Mulch Blanket. Spray on mulch blanket shall be one of the following, unless otherwise shown on
the plans:
(1) Spray-on Mulch Blanket (Type 1) shall be a hydraulically applied matrix containing organic fibers, water
soluble cross-linked tackifier, reinforcing natural and/or synthetic interlocking fibers. Mulch Blanket (Type
1) shall conform to the following:
January 31, 2013
2
REVISION OF SECTION 213
MULCHING
Properties Requirement Test Method
Organic Fibers 71% Min. ASTM D 2974
Cross linked Tackifiers 10% +/- 2% Min.
Reinforcing Interlocking Fibers 10% +/- 1% Min.
Biodegradability 100% ASTM D 5338
Ground Cover @ Application
Rate 90% Min. ASTM D 6567
Functional Longevity 12 Months Min.
Cure Time < 8 hours
Application
Application Rate 3,000 lb./acre
The organic fiber shall not contain lead paint, printing ink, varnish, petroleum products, seed germination
inhibitors, or chlorine bleach. The organic fibers and reinforcing interlocking fibers cannot be produced
from sawdust, cardboard, paper, or paper by-products.
(2) Spray-on Mulch Blanket (Type 2) shall be a hydraulically applied matrix pre-packaged in 50 pound bags
containing both a soil and fiber stabilizing compound and thermally processed wood fiber.
The sterilized weed-free wood fiber mulch shall be manufactured through a thermo-mechanical
defibrating process containing a specific range of fiber lengths averaging 0.25 inches or longer.
Mulch Blanket (Type 2) shall meet the following requirements:
Property Requirement Test Method
Fiber Retention On 28-Mesh Screen ≥ 40% Tyler Ro-Tap Method
Moisture Content 12% ± 2% Total Air Dry Weight Basis
Organic Matter 99.2% ± 0.2% Oven Dry Weight Basis
Ash Content 0.8% ± 0.2% Oven Dry Weight Basis
pH At 3% Consistency In Water 4.5-7.0 ± 0.5%
Sterilized Weed-Free Yes
Non-Toxic To Plant Or Animal Life Yes
The soil and fiber stabilizing compound shall be composed of linear anionic copolymers of acrylamide
pre-packed within the bag having a minimum content of 1.0 percent. The compound shall conform to the
following:
Property Requirement
Molecular Weight ≥ 12x106
Charge Density > 25%
Non-Toxic To Plant Or Animal Life Yes
(b) Bonded Fiber Matrices (BFM). BFM shall consist of hydraulically-applied matrix with a minimum of 70 percent
non-toxic thermally processed or refined long strand organic fibers and water soluble tackifier to provide
erosion control and designed to be functional for a minimum of 9 months. BFMs form an erosion-resistant
January 31, 2013
3
REVISION OF SECTION 213
MULCHING
blanket that promotes vegetation and prevents soil erosion. The BFM shall be 100 percent biodegradable.
The binder in the BFM should also be biodegradable. Biodegradable BFMs should not be applied immediately
before, during, or immediately after rainfall if the soil is saturated. BFM shall conform to the following
requirements:
Property Requirement Test Method
Ground Cover (%) 95 ASTM 6567
Bio-degradability (%) 100 ASTM 5338
Functional Longevity (months) 9 month minimum
Cure Time (hours) 24-48
Cross-linked tackifier 10% minimum
Application
Application Rate (lbs./Acre) 3000
The fibers shall not contain lead paint, printing ink, varnish, petroleum products, seed germination inhibitors, or
chlorine bleach. Fiber shall not be produced from sawdust, cardboard, paper, or paper by-products.
In subsection 213.03 (b) 2, delete the second paragraph and replace with the following:
Application Rate: Apply this as an overspray at the following rate or as approved by the Engineer.
Powder Fiber Water
200 lbs./Acre 300 lbs./Acre 2000 gal./Acre
In subsection 213.03, delete (f) and replace with the following:
(f) Spray-on Mulch Blanket. Spray-on Mulch Blanket shall strictly comply with the Manufacturer’s mixing
recommendations and installation instructions. No chemical additives with the exception of fertilizer, soil pH
modifiers, extended-term dyes and bio nutrients will be permitted. Apply Spray-on mulch blanket in a uniform
application using a minimum 22 degree arc type nozzle. Apply hydro slurry in two direction (from top of slope
down and from toe of the slope up, as well as, be applied at a minimum of two layers).
Hydromulching vessel shall be filled with water to at least 1/3 capacity (high enough to cover agitators) prior
to adding any material. Continue to fill vessel with water and slowly add the fibers while agitators are in
motion. Run agitators at ¾ speed. Continue to mix tank a minimum of 10 minutes prior to application.
Co-polymer shall not be used use in channels, swales, or other areas where concentrated flows are
anticipated and should not be used on saturated soils that have groundwater seeps.
Subsection 213.03 shall include the following:
(g) Bonded Fiber Matrices (BFM). Bonded fiber matrices shall strictly comply with the Manufacturer’s mixing
recommendations and installation instructions. No chemical additives with the exception of fertilizer, soil pH
modifiers, extended-term dyes and bio stimulant materials shall be permitted. BFM shall be applied in a
uniform application using a minimum 22 degree arc type nozzle. Apply BFM in two direction (from top of
slope down and from toe of the slope up, as well as, be applied at a minimum of two layers.
Biodegradable BFMs should not be applied immediately before, during, or immediately after rainfall if the soil
is saturated.
January 31, 2013
4
REVISION OF SECTION 213
MULCHING
Product shall not be used use in channels, swales, or other areas where concentrated flows are anticipated
and should not be used on saturated soils that have groundwater seeps.
Foot traffic, mechanical traffic or grazing shall not be permitted on treated areas until vegetated. Treated
areas damaged due to circumstances beyond Contractor’s control shall be repaired or re-applied as ordered.
Payment for corrective work, when ordered, shall be at contract rates.
In subsection 213.04, delete the first paragraph and replace with the following:
The quantity of hay and straw mulch, wood chip mulch, wood fiber and, spray-on mulch tackifier, bonded fiber
matrix and tackifier will not be measured but shall be the quantity designated in the Contract, except that
measurements will be made for revisions requested by the Engineer, or for discrepancies of plus or minus
five percent of the total quantity designated in the Contract. Measurement for acres will be by slope
distances.
In subsection 213.04, delete the fourth paragraph and replace with the following:
Spray-on Mulch Blanket and Bonded Fiber Matrix will be measured by the acre or by the actual pounds of
product applied, as shown on the plans. The area will be calculated on the basis of actual or computed slope
measurements. The Contractor shall verify prior to application, weight of spray on mulch blanket and bonded
fiber matrix bags for certification of materials and application rate.
Subsection 213.05 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Bonded Fiber Matrix Acre
Bonded Fiber Matrix Pound
Spray on Mulch Blanket Pound
Payment for spray-on mulch blanket and bonded fiber matrix will be full compensation for all work and materials
necessary to complete this item.
July 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.
May 2, 2013
1
REVISION OF SECTIONS 401 AND 412
SAFETY EDGE
Sections 401 and 412 of the Standard Specifications are hereby revised for this project as follows:
Subsection 401.10 shall include the following:
The paver shall include an approved longitudinal paver wedge system to create a sloped safety edge as shown
on the plans. The wedge system shall be attached to the screed and shall compact the HMA to a density at least
as dense as the compaction imparted to the rest of the HMA layer by the paving screed. The system shall
provide a sloped Safety Edge equal to 32 degrees plus or minus 5 degrees measured from the pavement surface
cross slope extended. The use of a single plate strike off is not permitted. The system shall be adjustable to
accommodate varying paving thicknesses. The Engineer may allow the Contractor to use handwork for short
sections or to saw cut the sloped Safety Edge after paving operations are completed in areas such as transitions
at driveways, intersections, interchanges.
The Contractor shall submit the proposed system for approval at the Preconstruction Conference. The
Engineer may require proof that the system has been used on previous projects with acceptable results or
may require a test section constructed prior to the beginning of work to demonstrate that it creates an
acceptable wedge shape and compaction. Paving shall not begin until the system is approved in writing by
the Engineer. The Safety Edge may be constructed on each lift of HMA or on the full specified plan depth on
the final lift. The finished shape of the Safety Edge shall extend for the full depth of the asphalt pavement or
for the top 5 inches whichever is less.
Subsection 401.22 shall include the following:
All costs associated with the construction of the Safety Edge will not be paid for separately, but shall be
included in the work.
Subsection 412.07 shall include the following:
The Contractor shall use an approved longitudinal paver wedge system to create a sloped Safety Edge. The
Contractor shall modify the paver screed to create a Safety Edge that meets the final cross-section shown on
the plans. The system shall provide a sloped Safety Edge equal to 32 degrees plus or minus 5 degrees
measured from the pavement surface cross slope extended. There may be areas where it is not possible to
place the Safety Edge in conjunction with mainline paving but where the Safety Edge is required, such as
transitions at driveways, intersections, interchanges, etc. In these areas the Engineer may allow the
Contractor to use handwork for short sections or to saw cut the sloped Safety Edge after paving operations
are completed.
The Contractor shall submit the proposed system for approval at the Preconstruction Conference. The
Engineer may require proof that the system has been used on previous projects with acceptable results or
may require a test section constructed prior to the beginning of work to demonstrate that it creates an
acceptable wedge shape. Paving shall not begin until the system is approved in writing by the Engineer. The
finished shape of the Safety Edge shall extend for the full depth of the concrete pavement or for the top 5
inches whichever is less.
May 2, 2013
2
REVISION OF SECTIONS 401 AND 412
SAFETY EDGE
Subsection 412.23 shall include the following:
Concrete Safety Edge will be measured by the actual number of linear feet that are installed and accepted.
Subsection 412.24 shall include the following:
Pay Item Pay Unit
Concrete Safety Edge Linear Foot
Payment for concrete safety edge will be full compensation for all work and materials required to complete the
item.
May 5, 2011
REVISION OF SECTIONS 412, 601 AND 711
LIQUID MEMBRANE-FORMING COMPOUNDS
FOR CURING CONCRETE
Sections 412, 601 and 711 of the Standard Specifications are hereby revised for this project as follows:
In subsection 412.14, first paragraph, delete the second sentence and replace with the following:
The impervious membrane curing compound shall meet the requirements of ASTM C 309, Type 2 and shall be
volatile organic content (VOC) compliant.
In subsection 601.13 (b), first paragraph, delete the second sentence and replace with the following:
A volatile organic content (VOC) compliant curing compound conforming to ASTM C 309, Type 2 shall be used on
surfaces where curing compound is allowed, except that Type 1 curing compound shall be used on exposed
aggregate or colored concrete, or when directed by the Engineer.
In subsection 601.16 (a) 1., delete the first sentence and replace with the following:
1. Membrane Forming Curing Compound Method. A volatile organic content (VOC) compliant curing compound
conforming to ASTM C 309, Type 2 shall be uniformly applied to the surface of the deck, curbs and sidewalks
at the rate of 1 gallon per 100 square feet.
Delete subsection 711.01 and replace with the following:
711.01 Curing Materials. Curing materials shall conform to the following requirements:
Burlap Cloth made from Jute or Kenaf AASHTO M 182
Liquid Membrane-Forming Compounds for
Curing Concrete
ASTM C 309
Sheet Materials for Curing Concrete AASHTO M 171*
*Only the performance requirements of AASHTO M171 shall apply.
Straw used for curing shall consist of threshed straw of oats, barley, wheat, or rye. Clean field or marsh hay may
be substituted for straw when approved by the Engineer. Old dry straw or hay which breaks readily in the
spreading process will not be accepted.
February 3, 2011
REVISION OF SECTION 412
PORTLAND CEMENT CONCRETE PAVEMENT FINISHING
NOTICE
This is a standard special provision that revises or modifies CDOT’s Standard
Specifications for Road and Bridge Construction. It has gone through a formal review
and approval process and has been issued by CDOT’s Project Development Branch with
formal instructions for its use on CDOT construction projects. It is to be used as written
without change. Do not use modified versions of this special provision on CDOT
construction projects, and do not use this special provision on CDOT projects in a
manner other than that specified in the instructions unless such use is first approved by
the Standards and Specifications Unit of the Project Development Branch. The
instructions for use on CDOT construction projects appear below.
Other agencies which use the Standard Specifications for Road and Bridge Construction
to administer construction projects may use this special provision as appropriate and at
their own risk.
Instructions for use on CDOT construction projects:
Use this standard special provision on all projects having portland cement concrete
pavement.
February 3, 2011
REVISION OF SECTION 412
PORTLAND CEMENT CONCRETE PAVEMENT FINISHING
Section 412 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 412.12(a) and replace it with the following:
(a) Hand Finishing. Hand finishing should be minimized wherever possible. The Engineer shall be notified prior
to hand finishing work and the proposed hand finished work shall be addressed in the Quality Control Plan for
concrete finishing. Unless otherwise specified, hand finishing methods will be permitted only under the
following conditions. Hand finished concrete shall be struck off and screeded with a portable screed that is at
least 2 feet longer than the maximum width of the slab to be struck off. It shall be sufficiently rigid to retain its
shape. Concrete shall be thoroughly consolidated by hand vibrators. Hand finishing shall not be allowed after
concrete has been in-place for more than 30 minutes or when initial set has begun unless otherwise approved
by the Engineer. Finishing tools made of aluminum shall not be used.
The Contractor shall provide a Quality Control Plan (QCP) to ensure that proper hand finishing is
accomplished in accordance with current Industry standards in the concrete pavement placement. It shall also
identify the Contractor’s method for ensuring that the provisions of the QCP are met. The QCP shall be
submitted to the Engineer at the Preconstruction Conference. Paving operations shall not begin until the
Engineer has approved the QCP. The QCP shall identify and address issues affecting the quality of finished
concrete pavement including but not limited to:
(1) Timing of hand finishing operations
(2) Methodology to place and transport concrete
(3) Equipment and tools to be utilized
(4) Qualifications and training of finishers and supervisors
When the Engineer determines that any element of the approved QCP is not being implemented or that hand
finished concrete is unacceptable, work shall be suspended. The Contractor shall supply a written plan to
address improperly placed material and how to remedy future hand finishing failures and bring the work into
compliance with the QCP. The Engineer will review the plan for acceptability prior to authorizing the
resumption of operations.
February 3, 2011
REVISION OF SECTION 601
CONCRETE BATCHING
Section 601 of the Standard Specifications is hereby revised for this project as follows:
In subsection 601.06, delete (13) and (17) and replace with the following:
(13) Gallons of water added by truck operator, the time the water was added and the quantity of concrete in the
truck each time water is added.
(17) Water to cementitious material ratio.
February 3, 2011
REVISION OF SECTIONS 601
CONCRETE FINISHING
Section 601of the Standard Specifications are hereby revised for this project as follows:
In subsection 601.12 (a) delete the fifth paragraph and replace it with the following:
Water shall not be added to the surface of the concrete to assist in finishing operations.
Hand finishing should be minimized wherever possible. The hand finishing methods shall be addressed in the
Quality Control Plan for concrete finishing. Hand finished concrete shall be struck off and screeded with a portable
screed that is at least 2 feet longer than the maximum width of the surface to be struck off. It shall be sufficiently
rigid to retain its shape. Concrete shall be thoroughly consolidated by hand vibrators. Hand finishing shall not be
allowed after concrete has been in-place for more than 30 minutes or when initial set has begun. Finishing tools
made of aluminum shall not be used.
The Contractor shall provide a Quality Control Plan (QCP) to ensure that proper hand finishing is accomplished in
accordance with current Industry standards. It shall identify the Contractor’s method for ensuring that the
provisions of the QCP are met. The QCP shall be submitted to the Engineer at the Preconstruction Conference.
Concrete placement shall not begin until the Engineer has approved the QCP. The QCP shall identify and
address issues affecting the quality finished concrete including but not limited to:
(1) Timing of hand finishing operations
(2) Methodology to place and transport concrete
(3) Equipment and tools to be utilized
(4) Qualifications and training of finishers and supervisors
When the Engineer determines that any element of the approved QCP is not being implemented or that hand
finished concrete is unacceptable, work shall be suspended. The Contractor shall supply a written plan to address
improperly placed material and how to remedy future hand finishing failures and bring the work into compliance
with the QCP. The Engineer will review the plan for acceptability prior to authorizing the resumption of operations.
In subsection 601.14(a) delete the fourth paragraph.
July 28, 2011
1
REVISION OF SECTION 601
CONCRETE FORM AND FALSEWORK REMOVAL
Section 601 of the Standard Specifications is hereby revised for this project as follows:
In subsection 601.09, delete (h) and replace with the following:
(h) Removal of Forms. The forms for any portion of the structure shall not be removed until the concrete is
strong enough to withstand damage when the forms are removed.
Unless specified in the plans, forms shall remain in place for members that resist dead load bending until concrete
has reached a compressive strength of at least 80 percent of the required 28 day strength, 0.80f’c. Forms for
columns shall remain in place until concrete has reached a compressive strength of at least 1,000 psi. Forms for
sides of beams, walls or other members that do not resist dead load bending shall remain in place until concrete
has reached a compressive strength of at least 500 psi.
Forms and supports for cast-in-place concrete box culverts (CBCs) shall not be removed until the concrete
compressive strength exceeds 0.6 fc′ for CBCs with spans up to and including 12 feet, and 0.67 fc′ for CBCs with
spans exceeding 12 feet but not larger than 20 feet. Forms for CBCs with spans larger than 20 feet shall not be
removed until after all concrete has been placed in all spans and has attained a compressive strength of at least
0.80f’c.
Concrete compressive strength shall be determined using information concrete cylinders or by maturity meters.
At the pre-pour conference, the Contractor shall submit the method of determining the structure’s strength and the
location where information cylinders will be taken or maturity meters placed.
If information cylinders are used they shall be cast by the Contractor and cured in the same manner as the
structure. A set of information cylinders shall be taken for each concrete placement on the structure. A set of
information cylinders shall be taken for any load of concrete that is being placed at the mid-span of beams and at
support locations and other locations as directed by the Engineer. Casting of the information cylinders will be
witnessed by the Engineer. The information cylinders shall remain in the molds and cured in the same manner as
the structure until they are tested in the laboratory by the Engineer. Compressive strength shall be determined
using the compressive strength of at least two information cylinders. The contractor shall be responsible for
protecting the information cylinders from damage.
Prior to placement of concrete whose strength will be determined with maturity meters, the Contractor shall
provide the Engineer a report of maturity relationships in accordance with CP 69. The Contractor shall provide
maturity meters and all necessary wires and connectors. The Contractor shall be responsible for the placement
and maintenance of the maturity meter and wire. . At a minimum a maturity meter will be placed at the mid-span
of beams and at support locations. Placement shall be as directed by the Engineer.
For structures with multiple sets of information cylinders or maturity meters, the lowest compressive strength shall
determine when the forms can be removed.
Acceptance cylinders shall not be used for determining compressive strength to remove forms.
When field operations are controlled by information cylinder tests or maturity meter, the removal of forms,
supports and housing, and the discontinuance of heating and curing may begin when the concrete is found to
have the required compressive strength.
Forms for median barrier, railing or curbs, may be removed at the convenience of the Contractor after the
concrete has hardened.
All forms shall be removed except permanent steel bridge deck forms and forms used to support hollow
abutments or hollow piers when no permanent access is available into the cells. When permanent access is
provided into box girders, all interior forms and loose material shall be removed, and the inside of box girders
shall be cleaned.
July 28, 2011
2
REVISION OF SECTION 601
CONCRETE FORM AND FALSEWORK REMOVAL
In subsection 601.11, delete (e) and replace with the following:
(e) Falsework Removal. Unless specified in the plans or specifications, falsework shall remain in place until
concrete has attained a minimum compressive strength of 0.80f’c.
Falsework supporting any span of a simple span bridge shall not be released until after all concrete, excluding
concrete above the bridge deck, has attained a compressive strength of at least 0.80f’c.
Falsework supporting any span of a continuous or rigid frame bridge shall not be released until after all concrete,
excluding concrete above the bridge deck, has been placed in all spans and has attained the compressive
strength of at least 0.80f’c.
Falsework for arch bridges shall be removed uniformly and gradually, beginning at the crown, to permit the arch to
take its load slowly and evenly.
Falsework supporting overhangs and deck slabs between girders shall not be released until the deck concrete
has attained a compressive strength of at least 0.80f’c.
Falsework for pier caps which will support steel or precast concrete girders shall not be released until the
concrete has attained a compressive strength of at least 0.80f’c. Girders shall not be erected onto such pier caps
until the concrete in the cap has attained the compressive strength of at least 0.80f’c.
Falsework for cast-in-place prestressed portions of structures shall not be released until after the pre-stressing
steel has been tensioned.
Concrete compressive strength shall be determined using information concrete cylinders or by maturity meters.
At the pre-pour conference, the Contractor shall submit the method of determining the structure’s strength and the
location that information cylinders will be taken or maturity meters placed.
If information cylinders are used they shall be cast by the Contractor and cured in the same manner as the
structure. A set of information cylinders shall be taken for each concrete placement on the structure. A set of
information cylinders shall be taken for any load of concrete that is being placed at the mid-span of beams and at
support locations and other locations as directed by the Engineer. Casting of the information cylinders will be
witnessed by the Engineer. The information cylinders shall remain in the molds and cured in the same manner as
the structure until they are tested in the laboratory by the Engineer. Compressive strength shall be determined
using the compressive strength of at least two information cylinders. The Contractor shall be responsible for
protecting the information cylinders from damage.
Prior to placement of concrete whose strength will be determined with maturity meters, the Contractor shall
provide the Engineer a report of maturity relationships in accordance with CP 69. The Contractor shall provide
maturity meters and all necessary wires and connectors. The Contractor shall be responsible for the placement
and maintenance of the maturity meters and wires. At a minimum a maturity meter will be placed at the mid-span
of beams and at support locations. Placement shall be as directed by the Engineer.
For structures with multiple sets of information cylinders or maturity meters, the lowest compressive strength shall
determine when the falsework can be removed.
Acceptance cylinders shall not be used for determining compressive strength to remove falsework.
July 29, 2011
REVISION OF SECTION 601
CONCRETE SLUMP ACCEPTANCE
Section 601 of the Standard Specifications is hereby revised for this project as follows:
Delete the fifth paragraph of Subsection 601.05 and replace with the following:
Except for Class BZ concrete, the slump of the delivered concrete shall be the slump of the approved concrete
mix design plus or minus 2.0 inch. The laboratory trial mix must produce an average compressive strength at
least 115 percent of the required field compressive strength specified in Table 601-1. When entrained air is
specified in the Contract for Class BZ concrete, an air entraining admixture may be added to an approved Class
BZ mix design. A new trial mix will not be required.
Delete Subsection 601.17 (b), 601.17 (d) and Table 601-3 and replace with the following:
(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
January 31, 2013
REVISION OF SECTIONS 627 AND 708
PAVEMENT MARKING PAINT
NOTICE
This is a standard special provision that revises or modifies CDOT’s Standard
Specifications for Road and Bridge Construction. It has gone through a formal review
and approval process and has been issued by CDOT’s Project Development Branch with
formal instructions for its use on CDOT construction projects. It is to be used as written
without change. Do not use modified versions of this special provision on CDOT
construction projects, and do not use this special provision on CDOT projects in a
manner other than that specified in the instructions unless such use is first approved by
CDOT’s Standards and Specifications Unit. The instructions for use on CDOT
construction projects appear below.
Other agencies which use the Standard Specifications for Road and Bridge Construction
to administer construction projects may use this special provision as appropriate and at
their own risk.
Instructions for use on CDOT construction projects:
Use on projects having pavement marking paint.
January 31, 2013
1
REVISION OF SECTIONS 627 AND 708
PAVEMENT MARKING PAINT
Sections 627 and 708 of the Standard Specifications are hereby revised for this project as follows:
In subsection 627.04, delete the first paragraph and replace with the following:
627.04 Pavement Marking with Waterborne, Low Volatile Organic Compound (VOC) Solvent Base, and
High Build Acrylic Waterborne Paint (High Build). Striping shall be applied when the air and pavement
temperatures are no less than 45 °F for waterborne and high-build paint, and no less than 40 °F for low VOC
solvent base paint on asphalt or portland cement concrete pavements. The pavement surface shall be dry and
clean. Surface cleaning shall be required when there is deicing material on the road. Weather conditions shall be
conducive to satisfactory results.
In subsection 627.04 delete the table and replace it with the following
Description Paint
Waterborne Low VOC High Build
Alignment Lateral Deviation 2.0 inch per 200 foot Max
Coverage Rate Sq. Ft. per Gallon 90-100 90-100 67-73
Thickness Mil 16-18 16-18 22-24
Width Inches Per Plans +/- 0.25
Dry Time Minutes 5-10 5-10 5-10
Beads Application Rate, lbs/gal 7-8 9-10
Subsection 627.13 shall include the following:
Pay Item Pay Unit
Pavement Marking Paint (High Build) Gallon
Delete subsection 708.05 and replace with the following:
708.05 Pavement Marking Materials. Except for pavement marking paint, pavement marking materials shall be
selected from the Department’s Approved Products List (APL). Prior to start of work, a Certified Test Report (CTR)
for all pavement marking materials shall be submitted in accordance with subsection 106.13.
For white paint, the color after drying shall be a flat-white, free from tint, and shall provide the maximum amount of
opacity and visibility under both daylight and artificial light. For yellow paint, the Federal Standard 595B shall be
used to designate colors and the ASTM E308 shall be used to quantitatively define colors. After drying, the yellow
paint shall visually match Federal Standard 595B color chip number 33538, and shall be within 6 percent of
central color, PR-1 Chart, where x = 0.5007 and y = 0.4555 (The four pairs of chromaticity coordinates determine
the acceptable color in terms of the CIE 1931 Standard Colorimetric System measured with Standard Illuminant
D65.)
(a) Low VOC Solvent Base Paint. Low VOC Paint shall be ready mixed, and shall be capable of being applied to
Asphalt or Portland Cement Concrete Pavements.
(b) Acrylic Waterborne Paint. Acrylic waterborne paint shall be a lead-free, 100 percent Acrylic resin polymer
waterborne product. The finished product shall maintain its consistency during application at temperatures
compatible with conventional equipment.
January 31, 2013
2
REVISION OF SECTIONS 627 AND 708
PAVEMENT MARKING PAINT
(c) High Build Acrylic Waterborne Paint. High build acrylic waterborne paint binder (nonvolatile portion of
vehicle) shall be 100 percent HD 21 acrylic cross linking polymer, by weight, as determined by infrared
analysis or other chemical analysis available to the Department.
Waterborne and High Build Acrylic Waterborne paint shall meet the following requirements:
Performance Requirements: The paint shall be water resistant and shall show no softening or blistering.
Table 708-1
WATERBORNE AND HIGH BUILD ACRYLIC WATERBORNE PAINT
Property White Yellow Test Method
Nonvolatile portion of vehicle (white and yellow), % 43.0 43.0 ASTM D 2205
Pigment Composition
Percent by weight♦ 60.0 60.0 ASTM D 4451
ASTM D 3723
Paint
Titanium Dioxide Content, lb/gal 1.0 0.2 ASTM D 5381
Properties of the Finished Paint
Total Non-volatiles, (solids) % by weight 77.0 77.0 FTMS 141C - Method 4053.1,
ASTM D 2369, or ASTM D 4758
Density, lbs/gal ■ 14.0-14.6 14.0-14.6 ASTM D 2205
Consistency (Viscosity) White and Yellow, Krebs-
Stormer Units 85-95 85-95 ASTM D 562
Freeze Thaw Stability Shall complete 5 or more
test cycles successfully ASTM D 2243
Fineness of Grind, Cleanliness Rating B, minimum 3 3 ASTM D 1210
Scrub Resistance 800 800 ASTM D2486
Directional Reflectance: [5 mil Wet Film] 90 50 ASTM E 1347
Dry Opacity (Contrast Ratio): [5 mil Wet Film] 0.95 0.95 ASTM D 2805
♦Percent by weight shall include percent of organic yellow pigment.
■Density shall not vary more than 0.3 lbs. /gal between batches.
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.
February 3, 2011
REVISION OF SECTION 630
RETROREFLECTIVE SIGN SHEETING
Section 630 of the Standard Specifications is hereby revised for this project as follows:
In subsection 630.06, first paragraph, delete the fifth sentence and replace with the following:
Retroreflective sheeting on new devices shall be Type IV. Existing devices manufactured with Type III sheeting
may be used on projects advertised prior to January 1, 2014. Devices used on projects advertised on or after
January 1, 2014 shall be manufactured with Type IV sheeting.
January 31, 2013
REVISION OF SECTION 630
SIGNS AND BARRICADES
Section 630 of the Standard Specifications is hereby revised for this project as follows:
In subsection 630.02, delete the second paragraph, and replace with the following:
Temporary sign support assembly shall be timber, perforated square metal tubing inserted into a larger base post
or slip base or perforated metal U-channel with a slip base. The temporary sign support assembly shall conform
to NCHRP and AASHTO requirements regarding temporary sign supports during construction.
Subsection 630.02 shall include the following:
If a timber post is selected, it shall conform to the requirements of subsection 614.02.
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).
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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.
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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.
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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.
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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.
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