HomeMy WebLinkAboutBID - 8008 POUDRE TRAIL AT MULBERRY & LEMAY (2)Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
POUDRE TRAIL AT MULBERRY & LEMAY
BID NO. 8008
PURCHASING DIVISION
215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS
OCTOBER 15 – 3:00 P.M. (OUR CLOCK)
CONTRACT DOCUMENTS TABLE OF CONTENTS
Section Pages
BID INFORMATION
00020 Notice Inviting Bids 00020-1 - 00020-2
00100 Instruction to Bidders 00100-1 - 00100-9
00300 Bid Form 00300-1 - 00300-3
00400 Supplements to Bid Forms 00400-1
00410 Bid Bond 00410-1 - 00410-2
00420 Statements of Bidders Qualifications 00420-1 - 00420-3
00430 Schedule of Major Subcontractors 00430-1
CONTRACT DOCUMENTS
00500 Agreement Forms 00500-1
00510 Notice of Award 00510-0
00520 Agreement 00520-1 - 00520-6
00530 Notice to Proceed 00530-1
00600 Bonds and Certificates 00600-1
00610 Performance Bond 00610-1 - 00610-2
00615 Payment Bond 00615-1 - 00615-2
00630 Certificate of Insurance 00630-1
00635 Certificate of Substantial Completion 00635-1
00640 Certificate of Final Acceptance 00640-1
00650 Lien Waiver Release (Contractor) 00650-1 - 00650-2
00660 Consent of Surety 00660-1
00670 Application for Exemption Certificate 00670-1 - 00670-2
CONDITIONS OF THE CONTRACT
00700 General Conditions 00700-1 - 00700-34
Exhibit GC-A GC-A1 - GC-A2
00800 Supplementary Conditions 00800-1 - 00800-2
00900 Addenda, Modifications, and Payment 00900-1
00950 Contract Change Order 00950-1 - 00950-2
00960 Application for Payment 00960-1 - 00960-4
SPECIFICATIONS
SOILS REPORT
SECTION 00020
INVITATION TO BID
SECTION 00020
INVITATION TO BID
Date: September 16, 2014
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 15, 2014, for the Poudre
Trail at Mulberry & Lemay; BID NO. 8008. 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 8008. The Work includes the
construction of pedestrian trail and pedestrian bridge improvements on the Poudre River Trail
near the intersection of Mulberry and Lemay. The project includes construction of concrete
bridge foundations, concrete bridge abutments, and the setting of a new steel pedestrian bridge
structure and a re-purposed steel pedestrian bridge structure that will be delivered to the site by
others. The project will also consist of standard concrete trail construction, grading and rip-rap
placement.
This project is a CDOT administered project with Federal funds being contributed. There
are no UDBE or On-the-Job Training Program goals associated with this project.
Contractors must turn in CDOT Bidding forms 606, 1413 and 1414 with the bid. Bids will not be
accepted if these forms are not included.
All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins,
215 North Mason St., 2nd floor, Fort Collins, Colorado 80524.
The City encourages all disadvantaged business enterprises to submit bid in response to all
invitations and will not be discriminated against on the grounds of race, color, national origin.
A prebid conference and job walk with representatives of prospective Bidders will be
held at 2:00 PM, on September 30, 2014, in the Community Room located at 215 N Mason
Street, Fort Collins.
Prospective Bidders are invited to present their questions relative to this Bid proposal at this
meeting.
The Contract Documents and Construction Drawings may be examined online at:
www.rockymountainbidsystem.com
Bids will be received as set forth in the Bidding Documents.
The Work is expected to be commenced within the time as required by Section 2.3 of General
Conditions. Substantial Completion of the Work is required as specified in the Agreement.
The successful Bidder will be required to furnish a Performance Bond and a Payment Bond
guaranteeing faithful performance and the payment of all bills and obligations arising from the
performance of the Contract.
No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening
Bids.
The OWNER reserves the right to reject any and all Bids, and to waive any informalities and
irregularities therein.
Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the
form specified in the Instructions to Bidders.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have
a financial interest in the sale to the City of any real or personal property, equipment, material,
supplies or services where such officer or employee exercises directly or indirectly any decision-
making authority concerning such sale or any supervisory authority over the services to be
rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited
City of Fort Collins
Gerry S. Paul
Purchasing & Risk Management Director
SECTION 00100
INSTRUCTIONS TO BIDDERS
SECTION 00100
INSTRUCTIONS TO BIDDERS
1.0 DEFINED TERMS
Terms used in these Instructions to Bidders which are defined in the Standard General
Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings
assigned to them in the General Conditions. The term "Bidder" means one who submits
a Bid to OWNER, as distinct from a sub-bidder, who submits a Bid to Bidder. The terms
"Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to
whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an
award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid,
Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including
all Addenda issued prior to receipt of Bids).
2.0 COPIES OF BIDDING DOCUMENTS
2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation
to Bid. No partial sets will be issued. The Bidding Documents may be examined
at the locations identified in the Invitation to Bid.
2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither
OWNER nor Engineer assumes any responsibility for errors or misinterpretations
resulting from the use of incomplete sets of Bidding Documents.
2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and
00430 fully executed.
2.4. OWNER and Engineer, in making copies of Bidding Documents available on the
above terms, do so only for the purpose of obtaining Bids on the Work and do not
confer a license or grant for any other use.
3.0 QUALIFICATION OF BIDDERS
3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at
the time of the Bid opening, a written statement of qualifications including
financial data, a summary of previous experience, previous commitments and
evidence of authority to conduct business in the jurisdiction where the Project is
located. Each Bid must contain evidence of Bidder's qualification to do business
in the state where the Project is located or covenant to obtain such qualification
prior to award of the contract. The Statement of Qualifications shall be prepared
on the form provided in Section 00420.
3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in
determining whether a bidder is responsible, the following shall be considered:
(1) The ability, capacity and skill of the bidder to perform the contract or provide
the services required, (2) whether the bidder can perform the contract or provide
the service promptly and within the time specified without delay or interference,
(3) the character, integrity, reputation, judgment, experience and efficiency of the
bidder, (4) the quality of the bidder's performance of previous contracts or
services, (5) the previous and existing compliance by the bidder with laws and
ordinances relating to the contract or service, (6) the sufficiency of the financial
resources and ability of the bidder to perform the contract or provide the service,
(7) the quality, availability and adaptability of the materials and services to the
particular use required, (8) the ability of the bidder to provide future maintenance
and service for the use of the subject of the contract, and (9) any other
circumstances which will affect the bidder's performance of the contract.
3.3. Each Bidder may be required to show that he has handled former Work so that
no just claims are pending against such Work. No Bid will be accepted from a
Bidder who is engaged on any other Work which would impair his ability to
perform or finance this Work.
3.4 No Bidder shall be in default on the performance of any other contract with the
City or in the payment of any taxes, licenses or other monies due to the City.
4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE
4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the
Contract Documents thoroughly, (b) visit the site to familiarize himself with local
conditions that may in any manner affect cost, progress or performance of the
Work, (c) familiarize himself with federal, state and local laws, ordinances, rules
and regulations that may in any manner affect cost, progress or performance of
the Work, (d) study and carefully correlate Bidder's observations with the
Contract Documents, and (e) notify Engineer of all conflicts, errors or
discrepancies in the Contract Documents.
4.2. Reference is made to the Supplementary Conditions for identification of:
Subsurface and Physical Conditions SC-4.2.
4.3. The submission of a Bid will constitute an incontrovertible representation by
Bidder that Bidder has complied with every requirement of this Article 4, that
without exception the Bid is premised upon performing and furnishing the Work
required by the Contract Documents and such means, methods, techniques,
sequences or procedures of construction as may be indicated in or required by
the Contract Documents, and that the Contract Documents are sufficient in scope
and detail to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
5.0 INTERPRETATIONS AND ADDENDA.
5.1. All questions about the meaning or intent of the Bidding Documents are to be
submitted in writing to the Engineer and the OWNER. Interpretation or
clarifications considered necessary in response to such questions will be issued
only by Addenda. Questions received less than seven days prior to the date for
opening of the Bids may not be answered. Only questions answered by formal
written Addenda will be binding. Oral and other interpretations or clarifications
will be without legal effect.
5.2. All questions concerning the scope of this project should be directed to the
Engineer. Questions regarding submittal of bids should be directed to the City of
Fort Collins' Purchasing Division.
5.3. Addenda may also be issued to modify the Bidding Documents as deemed
advisable by OWNER or Engineer.
5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as
having received the Bidding documents.
6.0 BID SECURITY
6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the
amount stated in the Invitation to Bid. The required security must be in the form
of a certified or bank cashier's check payable to OWNER or a Bid Bond on the
form enclosed herewith. The Bid Bond must be executed by a surety meeting
the requirements of the General Conditions for surety bonds.
6.2. The Bid Security of the successful Bidder will be retained until such Bidder has
executed the Agreement and furnished the required contract security, whereupon
Bid Security will be returned. If the successful Bidder fails to execute and deliver
the Agreement and furnish the required contract security within 15 days of the
Notice of Award, OWNER may annul the Notice of Award and the Bid Security of
that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER
believes to have reasonable chance receiving the award may be retained by
OWNER until the earlier of the seventh day after the effective date of the
Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security
furnished by such Bidders will be returned. Bid Security with Bids which are not
competitive will be returned within seven days after the Bid opening.
7.0 CONTRACT TIME.
The number of days within which, or the date by which the Work is to be substantially
complete and also completed and ready for Final Payment (the Contract Times) are set
forth in the Agreement.
8.0 LIQUIDATED DAMAGES.
Provisions for liquidated damages are set forth in the Agreement.
9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT
The Contract, if awarded, will be on the basis of material and equipment described on
the Drawings or specified in the Specifications without consideration of possible
substitute or "or equal" items. If a specific product type or brand of material or
equipment is indicated on the drawings or specified in the specifications, three types of
such product will be listed and the bidder may use anyone of the three or an approved
equal, if the equal is acceptable to the engineer. The procedure for submittal of any
such application by CONTRACTOR and consideration by Engineer is set forth in the
General Conditions which may be supplemented in the General Requirements.
10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS
10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal
subcontractors he proposes to use in the Work. Refer to Section 00430
contained within these Documents.
10.2. If OWNER or Engineer after due investigation has reasonable objection to any
proposed Subcontractor, either may, before the Notice of Award is given, request
the apparent successful Bidder to submit an acceptable substitute without an
increase in Bid price. If the apparent successful Bidder declines to make any
substitution, OWNER may award the contract to the next lowest responsive and
responsible Bidder that proposes to use acceptable subcontractors.
Subcontractors, suppliers, other persons or organization listed and to whom
OWNER or Engineer does not make written objection prior to the giving of the
Notice of Award will be deemed acceptable to OWNER and ENGINEER subject
to revocation of such acceptance after the effective date of the Agreement as
provided in the General Conditions.
10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or
other persons or organizations against whom he has reasonable objection. The
use of subcontractors listed by the Bidder and accepted by OWNER prior to the
Notice of Award will be required in the performance of the Work.
11.0 BID FORM.
11.1. A copy of the Bid Form is bound in the Contract Documents which may be
retained by the Bidder. A separate unbound copy is enclosed for submission
with the Bid.
11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form
must be stated in words and numerals; in case of conflict, words will take
precedence. Unit prices shall govern over extensions of sums.
11.3. Bids by corporations must be executed in the corporate name by the president or
a vice-president (or other appropriate officer accompanied by evidence of
authority to sign) and the corporate seal shall be affixed and attested by the
secretary or an assistant secretary. The corporate address and state of
incorporation shall be shown below the corporate name.
11.4. Bids by partnerships must be executed in the partnership name and signed by a
partner, his title must appear under his signature and the official address of the
partnership must be shown below the signature.
11.5. Bids by joint venture shall be signed by each participant in the joint venture or by
an authorized agent of each participant. The full name of each person or
company interested in the Bid shall be listed on the Bid Form.
11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the
numbers of which must be filled in on the Bid Form).
11.7. No alterations in Bids, or in the printed forms therefore, by erasures,
interpolations, or otherwise will be acceptable unless each such alteration is
signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to
identify any alteration so initialed.
11.8. The address and telephone number for communications regarding the Bid shall
be shown.
12.0 BID PRICING.
Bids must be priced as set forth in the Bid Schedule or Schedules.
13.0 SUBMISSION OF BIDS.
13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and
shall be enclosed in an opaque sealed envelope marked with the Project title, Bid
No., and name and address of the Bidder and accompanied by the Bid Security,
Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of
Subcontractors as required in Section 00430. If the Bid is sent through the mail
or other delivery system, the sealed envelope shall be enclosed in a separate
envelope with the notation "BID ENCLOSED" on the face of it.
13.2. Bids shall be deposited at the designated location prior to the time and date for
receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by
addendum. Bids received after the time and date for receipt of Bids will be
returned unopened. Bidder shall assume full responsibility for timely delivery at
the location designated for receipt of Bids.
13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive
consideration.
13.4. No Bidder may submit more than one Bid. Multiple Bids under different names
will not be accepted from one firm or association.
14.0 MODIFICATION AND WITHDRAWAL OF BIDS.
14.1. Bids may be modified or withdrawn by an appropriate document duly executed
(in a manner that a Bid must be executed) and delivered to the place where Bids
are to be submitted at any time prior to the opening of Bids.
14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized
representative provided he can prove his identity and authority at any time prior
to the opening of Bids.
14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of
Bids provided that they are then fully in conformance with these Instructions to
Bidders.
15.0 OPENINGS OF BIDS.
Bids will be opened and (unless obviously non-responsive) read aloud publicly as
indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major
alternates (if any) will be made available after the opening of Bids.
16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE.
All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but
OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to
that date.
17.0 AWARD OF CONTRACT.
17.1. OWNER reserves the right to reject any and all Bids, to waive any and all
informalities not involving price, time or changes in the Work, to negotiate
contract terms with the Successful Bidder, and the right to disregard all
nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER
reserves the right to reject the Bid of any Bidder if OWNER believes that it would
not be in the best interest of the Project to make an award to that Bidder, whether
because the Bid is not responsive or the Bidder is unqualified or of doubtful
financial ability or fails to meet any other pertinent standard or criteria established
by OWNER. Discrepancies between the indicated sum of any column of figures
and the correct sum thereof will be resolved in favor of the correct sum.
17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders,
whether or not the Bids comply with the prescribed requirements, and such
alternates, unit prices and other data, as may be requested in the Bid Form or
prior to the Notice of Award.
17.3. OWNER may consider the qualification and experience of Subcontractors,
Suppliers, and other persons and organizations proposed for those portions of
the Work as to which the identity of Subcontractors, Suppliers, and other persons
and organizations is submitted as requested by OWNER. OWNER also may
consider the operating costs, maintenance requirements, performance data and
guarantees of major items of materials and equipment proposed for incorporation
in the Work when such data is required to be submitted prior to the Notice of
Award.
17.4. OWNER may conduct such investigations as OWNER deems necessary to
assist in the evaluation of any Bid and to establish the responsibility,
qualifications and financial ability of the Bidder's proposed Subcontractors,
Suppliers and other persons and organizations to do the Work in accordance
with the Contract Documents to OWNER's satisfaction within the prescribed time.
17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and
responsible Bidder whose evaluation by OWNER indicates to OWNER that the
award will be in the best interest of the OWNER. Award shall be made on the
evaluated lowest base bid excluding alternates. The basis for award shall be the
lowest Bid total for the Schedule or, in the case of more than one schedule, for
sum of all schedules. Only one contract will be awarded.
17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice
of Award within forty-five (45) days after the date of the Bid opening.
18.0 CONTRACT SECURITY.
The General Conditions and the Supplementary Conditions set forth OWNER's
requirements as to performance and other Bonds. When the Successful Bidder delivers
the executed Agreement to the OWNER, it shall be accompanied by the required
Contract Security.
19.0 SIGNING OF AGREEMENT.
When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied
by the required number of unsigned counterparts of the Agreement with all other written
Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall
sign and deliver the required number of counterparts of the Agreement and attached
documents to OWNER with the required Bonds. Within ten (10) days thereafter,
OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart
is to be accompanied by a complete set of the Drawings with appropriate identification.
20.0 TAXES.
OWNER is exempt from Colorado State Sales and Use Taxes on materials and
equipment to be incorporated in the Work. Said taxes shall not be included in the
Contract Price. Reference is made to the General and Supplementary Conditions.
21.0 RETAINAGE.
Provisions concerning retainage are set forth in the Agreement.
22.0 COLLUSIVE OR SHAM BIDS.
Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be
rejected and reported to authorities as such. Your authorized signature of this Bid
assures that such Bid is genuine and is not a collusive or sham Bid.
23.0 BID RESULTS.
For information regarding results for individual Bids send a self-addressed, self-stamped
envelope and a Bid tally will be mailed to you. Bid results will be posted in the
Purchasing office seven (7) days after the Bid Opening.
END OF SECTION
SECTION 00300
BID FORM
SECTION 00300
BID FORM
PROJECT: 8008 Poudre Trail at Mulberry & Lemay
Place
Date
1. In compliance with your Invitation to Bid dated __, 20__ and subject to all
conditions thereof, the undersigned a (Corporation,
Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to
do business in the State of Colorado hereby proposes to furnish and do everything
required by the Contract Documents to which this refers for the construction of all items
listed on the following Bid Schedule or Bid Schedules.
2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in
good faith, without collusion or connection with any other person or persons Bidding for
the same Work, and that it is made in pursuance of and subject to all the terms and
conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the
detailed Specifications, and the Drawings pertaining to the Work to be done, all of which
have been examined by the undersigned.
3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum
of _____________________________________________________
($ ___) in accordance with the Invitation to Bid and Instructions to Bidders.
4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and
a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days
from the date when the written notice of the award of the contract is delivered to him at
the address given on this Bid. The name and address of the corporate surety with which
the Bidder proposes to furnish the specified performance and payment bonds are as
follows: _________________________________________________________.
5. All the various phases of Work enumerated in the Contract Documents with their
individual jobs and overhead, whether specifically mentioned, included by implication or
appurtenant thereto, are to be performed by the CONTRACTOR under one of the items
listed in the Bid Schedule, irrespective of whether it is named in said list.
6. Payment for Work performed will be in accordance with the Bid Schedule or Bid
Schedules subject to changes as provided in the Contract Documents.
7. The undersigned Bidder hereby acknowledges receipt of Addenda No.
_______through .
8. BID SCHEDULE (Base Bid)
BID
NO.
CONTRACT
ITEM NO.
CONTRACT DESCRIPTION UNIT QUANTITY UNIT COST COST
1 201 Clearing and Grubbing LS 1 $ ‐
2 202 Removal of Tree EA 9 $ ‐
3 202 Removal of Manhole EA 1 $ ‐
4 202 Removal of Pipe LF 37 $ ‐
5 202 Removal of End Section EA 1 $ ‐
6 202 Removal of Concrete SY 311 $ ‐
7 202 Removal of Asphalt Mat SY 510 $ ‐
8 202 Removal of Riprap CY 67 $ ‐
9 202 Removal of Concrete Bridge Deck SY 183 $ ‐
10 203 Unclassified Excavation CY 157 $ ‐
11 203 Embankment CY 476 $ ‐
12 206 Structure Excavation CY 449 $ ‐
13 206 Structure Backfill (Class I) CY 280 $ ‐
14 207 Topsoil (Remove, Stockpile, Redistribute) CY 401 $ ‐
15 208 Erosion Log (12 Inch) LF 1121 $ ‐
16 208 Concrete Washout Structure EA 1 $ ‐
17 208 Vehicle Tracking Pad EA 2 $ ‐
18 208 Erosion Control Supervisor HR 40 $ ‐
19 210 Reset Structure (Existing 165' Bridge ‐ at Lemay) EA 1 $ ‐
20 210 Unload Structure (Existing 165' Bridge ‐ at alt. site) EA 1 $ ‐
21 210 Unload Structure (Existing Steel Railing ‐ at alt. site) EA 1 $ ‐
22 211 Dewatering LS 1 $ ‐
23 212 Tree Retention and Protection LS 1 $ ‐
24 212 Seeding (Native) AC 0.6 $ ‐
25 213 Mulching (Weed Free Hay) AC 0.6 $ ‐
26 304 Aggregate Base Course (Class 5) CY 58 $ ‐
27 503 Drilled Caisson (24 inch) LF 250 $ ‐
28 503 Drilled Caisson (54 inch) LF 25 $ ‐
29 506 Riprap (12‐Inch) CY 184 $ ‐
30 506 Repurposed Riprap (Pipe Outfall) CY 5 $ ‐
31 506 Repurposed Riprap (Native Streambed Riprap) LS 1 $ ‐
32 514 Pedestrian Railing (Steel) LF 200 $ ‐
33 601 Concrete Class DCY 229‐ $
34 602 Reinforcing Steel LB 11562 $ ‐
35 602 Reinforcing Steel (Epoxy Coated) LB 14100 $ ‐
36 603 24 Inch Reinforce Concrete Pipe LF 55 $ ‐
37 603 24 Inch Reinforce Concrete End Section EA 1 $ ‐
38 603 12 Inch Plastic Pipe LF 26 $ ‐
39 604 Manhole Slab Base (5 Foot) EA 1 $ ‐
40 608 Concrete Sidewalk (6 Inch) SY 99 $ ‐
41 608 Concrete Bikeway (5 Inch) SY 1182 $ ‐
42 608 Concrete Bikeway (Special) SY 167 $ ‐
43 625 Construction Surveying LS 1 $ ‐
44 621 Structure Temporary Access Road LS 1 $ ‐
45 626 Mobilization LS 1 $ ‐
46 628 Bridge Girder and Deck Unit ‐ 100' EA 1 $ ‐
47 630 Traffic Control LS 1 $ ‐
48 630 Flagging HR 80 $ ‐
ACCEPTANCE OF FUEL COST ADJUSTMENTS:
Bidders have the option to accept Fuel Cost Adjustments in accordance with the Revision of
Section 109 - Fuel Cost Adjustment. To accept this standard special provision, the bidder must
fill in an "X" next to "YES" below. No Fuel Cost Adjustment will be made due to fuel cost
changes for bidders who answer "NO". If neither line is marked, the Department will assume
the bidder rejects Fuel Cost Adjustments for this project. After bids are submitted, bidders will
not be given any other opportunity to accept or reject this adjustment.
(Mark only one line with an "X"):
____ YES, I choose to accept Fuel Cost Adjustments for this project
____ NO, I choose NOT to accept Fuel Cost Adjustments for this project (if neither line is
marked, the default is "NO", I choose NOT to accept Fuel Cost Adjustments for this
project
49 630 Traffic Control Inspections DAY 30 $ ‐
50 630 Traffic Control Management ‐ Working Days DAY 90 $ ‐
51 700 F/A Minor Contract Revisions FA 1 $ ‐
52 700 F/A Erosion Control FA 1 $ ‐
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:___________________________________
________________________________ __________________
Signature Date
________________________________
Title
________________________________
License Number (If Applicable)
(Seal - if Bid is by corporation)
Attest:___________________________
Address _____________________________________
_____________________________________
Telephone _____________________________________
Email _____________________________________
SECTION 00400
SUPPLEMENTS TO BID FORMS
00410 Bid Bond
00420 Statement of Bidder's Qualifications
00430 Schedule of Subcontractors
SECTION 00410
BID BOND
KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned _
as Principal, and as Surety, are hereby held and firmly bound unto the City of Fort Collins,
Colorado, as OWNER, in the sum of
($ ) for the payment of which, well and truly to be made, we hereby jointly and
severally bind ourselves, successors, and assigns.
THE CONDITION of this obligation is such that whereas the Principal has submitted to the City
of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a
Construction Agreement for the construction of Fort Collins Project, 8008 Poudre Trail at
Mulberry & Lemay.
NOW THEREFORE,
(a) If said Bid shall be rejected, or
(b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the
form of Contract attached hereto (properly completed in accordance with said Bid) and
shall furnish a BOND for his faithful performance of said Contract, and for payment of all
persons performing labor or furnishing materials in connection therewith, and shall in all
other respects perform the Agreement created by the acceptance of said Bid, then this
obligation shall be void; otherwise the same shall remain in force and effect, it being
expressly understood and agreed that the liability of the Surety for any and all claims
hereunder shall, in no event, exceed the penal amount of this obligation as herein
stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety
and its BOND shall be in no way impaired or affected by any extension of the time within which
the OWNER may accept such Bid; and said Surety does hereby waive notice of any such
extension.
Surety Companies executing bonds must be authorized to transact business in the State of
Colorado and be accepted by the OWNER.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals
this day of , 20__, and such of them as are corporations have caused their
corporate seals to be hereto affixed and these presents to be signed by their proper officers, the
day and year first set forth above.
PRINCIPAL SURETY
Name:_____________________________ __________________________________
Address:__________________________ __________________________________
By:_______________________________ By: ______________________________
Title: ___________________________ Title:____________________________
ATTEST:
By:_______________________________
(SEAL) (SEAL)
SECTION 00420
STATEMENT OF BIDDER'S QUALIFICATIONS
All questions must be answered and the data given must be clear and comprehensive. This
statement must be notarized. If necessary, questions may be answered on separate attached
sheets. The Bidder may submit any additional information he desires.
1. Name of Bidder: _________________________________________________
2. Permanent main office address: __________________________________
3. When organized: _________________________________________________
4. If a corporation, where incorporated: ___________________________
5. How many years have you been engaged in the contracting business under your present
firm or trade name?___________________________
6. Contracts on hand: (Schedule these, showing the amount of each contract and the
appropriate anticipated dates of completion.)
_________________________________________________________________
_________________________________________________________________
7. General character of Work performed by your company:
_________________________________________________________________
_________________________________________________________________
8. Have you ever failed to complete any Work awarded to you?________
If so, where and why?____________________________________________
_________________________________________________________________
9. Have your ever defaulted on a contract?__________________________
If so, where and why?____________________________________________
_________________________________________________________________
10. Are you debarred by any government agency? ______________________
If yes list agency name._________________________________________
11. List the more important projects recently completed by your company, stating the
approximate cost of each, and the month and year completed, location and type of
construction.
12. List your major equipment available for this contract.
13. Experience in construction Work similar in importance to this project:
14. Background and experience of the principal members of your organization, including
officers:
15. Credit available: $______________________________________________________
16. Bank Reference:_____________________________________________________
17. Will you, upon request, fill out a detailed financial statement and furnish any other
information that may be required by the OWNER? _________________ ________
18. Are you licensed as a General CONTRACTOR?________________________________
If yes, in what city, county and state? __________________________
What class, license and numbers?___________________________________
19. Do you anticipate subcontracting Work under this Contract?_________________
If yes, what percent of total contract?__________________________________
And to whom?___________________________________________________________
20. Are any lawsuits pending against you or your firm at this time?__________
IF yes, DETAIL
21. What are the limits of your public liability? DETAIL
What Company?_________________________________________________________
22. What are your company's bonding limitations?_____________________________
23. The undersigned hereby authorizes and requests any person, firm or corporation to
furnish any information requested by the OWNER in verification of the recital comprising
this Statement of Bidder's Qualifications.
Dated at ________________ this ______ day of __________________, 20__.
_____________________________________________
Name of Bidder
By:__________________________________________
Title:_______________________________________
State of________________________
)
County of_______________________
___________________________________being duly sworn deposes and says that he is
______________________of_____________________________ and that (name of
organization) the answers to the foregoing questions and all statements therein contained are
true and correct.
Subscribed and sworn to before me this _______ day of____________, 20__.
___________________________________
Notary Public
My commission expires _______________.
SECTION 00430
SCHEDULE OF SUBCONTRACTORS
List all subcontractors for the work items listed below and all subcontractors performing over
15% of the contract.
ITEM SUBCONTRACTOR
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
SECTION 00500
AGREEMENT FORMS
00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
SECTION 00510
NOTICE OF AWARD
DATE: [CONTRACT DATE]
TO: [CONTRACTOR]
PROJECT: 8008 POUDRE TRAIL AT MULBERRY & LEMAY
OWNER: CITY OF FORT COLLINS
(hereinafter referred to as "the OWNER")
You are hereby notified that your Bid dated [Bid Date] for the above project has been
considered. You are the apparent successful Bidder and have been awarded an Agreement for
8008 Poudre Trail at Mulberry & Lemay.
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 8008 Poudre Trail at Mulberry &
Lemay.
ARTICLE 2. ENGINEER
The Project has been designed by Interwest Consulting Group, 1218 Ash Street, Unit C,
Windsor, CO 80550. The City of Fort Collins Engineering Department is hereinafter called
ENGINEER and 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 Twenty (120)
calendar days after the date when the Contract Times commence to run as provided
in the General Conditions and completed and ready for Final Payment and
Acceptance in accordance with the General Conditions within thirty (30) calendar
days after the date when the Contract Times commence to run.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is
not completed within the times specified in paragraph 3.1. above, plus any
extensions thereof allowed in accordance with Article 12 of the General Conditions.
They also recognize the delays, expenses and difficulties involved in proving in a
legal proceeding the actual loss suffered by OWNER if the Work is not completed on
time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR
agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall
pay OWNER the amounts set forth hereafter.
1) Substantial Completion:
One Thousand Four Hundred Dollars ($1,400) for each calendar day or
fraction thereof that expires after the One Hundred Twenty (120) calendar
day period for Substantial Completion of the Work until the Work is
Substantially Complete.
2) Final Acceptance:
After Substantial Completion, Five Hundred Dollars ($500) for each calendar
day or fraction thereof that expires after the Thirty (30) calendar day period
for Final Payment and Acceptance until the Work is ready for Final Payment
and Acceptance.
ARTICLE 4. CONTRACT PRICE
4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with
the Contract Documents in current funds as follows: Dollars ($ ), 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:
1 COVER SHEET
2 STANDARD PLANS LIST
3-5 GENERAL NOTES
6 SUMMARY OF APPROXIMATE QUANTITIES
6a SUMMARY OF EARTHWORK
7 SURVEY TABULATION SHEET
8 SURVEY CONTROL PLAN
9 TRAIL CENTERLINE CONTROL PLAN
10-11 TYPICAL SECTIONS
12 REMOVAL PLANS
13-17 TRAIL PLANS AND PROFILES
18 STORM PLAN AND PROFILE
19 EROSION CONTROL PLAN
20 LIMITS OF CONSTRUCTION & PHASING PLAN
21-22 STORMWATER MANAGEMENT PLAN
23-25 CROSS SECTIONS
PEDESTRIAN BRIDGE PLANS
26 GENERAL INFORMATION – SUMMARY OF QUANTITIES
27 GENERAL LAYOUT
28 TYPICAL SECTIONS
29 GEOLOGY SHEET 1 OF 2
30 GEOLOGY SHEET 2 OF 2
31 FOUNDATION LAYOUT & DETAILS
32 ABUTMENT 1 PLAN & DETAILS
33 ABUTMENT 1 DETAILS
34 ABUTMENT 3 PLAN & ELEVATION
35 ABUTMENT 3 DETAILS
36 PEIR 2 PLAN, ELEVATION AND DETAILS
37 SOUTH APPROACH RAMP PLANS
38 SOUTH APPROACH RAMP DETAILS
39 HANDRAIL DETAILS
40 EARHTHWORK AND RIPRAP DETAILS
41 WETLAND MAP
The Contract Drawings shall be stamped "Final for Construction" and dated. Any
revisions made shall be clearly identified and dated.
7.4. Addenda Numbers to , inclusive.
7.5. The Contract Documents also include all written amendments and other documents
amending, modifying, or supplementing the Contract Documents pursuant to
paragraphs 3.5 and 3.6 of the General Conditions.
7.6. There are no Contract Documents other than those listed or incorporated by
reference in this Article 7. The Contract Documents may only be amended, modified
or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions.
ARTICLE 8. MISCELLANEOUS
8.1. Terms used in this Agreement which are defined in Article I of the General
Conditions shall have the meanings indicated in the General Conditions.
8.2. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the
party sought to be bound; and specifically but not without limitations, moneys that
may become due and moneys that are due may not be assigned without such
consent (except to the extent that the effect of this restriction may be limited by law),
and unless specifically stated to the contrary in any written consent to an assignment
no assignment will release or discharge that assignor from any duty or responsibility
under the Contract Document.
8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and
legal representatives in respect to all covenants, Agreement and obligations
contained in the Contract Document.
OWNER: CITY OF FORT COLLINS CONTRACTOR:
By: ____________________________ By:_______________________________
GERRY S. PAUL
DIRECTOR OF PURCHASING __________________________________
AND RISK MANAGEMENT
Title:____________________________
Date:___________________________ Date:_____________________________
(CORPORATE SEAL)
Attest: ________________________ Attest:___________________________
City Clerk
Address for giving notices: Address for giving notices:
P. O. Box 580 __________________________________
Fort Collins, CO 80522 __________________________________
LICENSE NO.:______________________
Approved as to Form
_______________________________
Assistant City Attorney
SECTION 00530
NOTICE TO PROCEED
Description of Work: 8008 Poudre Trail at Mulberry & Lemay
To: [Contractor]
This notice is to advise you:
That the contract covering the above described Work has been fully executed by the
CONTRACTOR and the OWNER.
That the required CONTRACTOR's Performance Bond and Payment Bond have been received
by the OWNER.
That the OWNER has approved the said Contract Documents.
Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and
directed to proceed within ( ) calendar days from receipt of this notice as required by the
Agreement.
Dated this day of , 20__.
The dates for Substantial Completion and Final Acceptance shall be _____ _____, 20_ and
, 20__, respectively.
City of Fort Collins
OWNER
By:
Title:
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged this day of ,
20__.
CONTRACTOR:
By:
Title:
SECTION 00600
BONDS AND CERTIFICATES
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00660 Consent of Surety
00670 Application for Exemption Certificate
SECTION 00610
PERFORMANCE BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
Firm
Address
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300
Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as
the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the [Date] day of [Month], 20[Year], a copy of which
is hereto attached and made a part hereof for the performance of The City of Fort Collins
project, 8008 Poudre Trail at Mulberry & Lemay.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions and agreements of said Agreement during the
original term thereof, and any extensions thereof which may be granted by the OWNER, with or
without Notice to the Surety and during the life of the guaranty period, and if the Principal shall
satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and
save harmless the OWNER from all cost and damages which it may suffer by reason of failure
to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER
may incur in making good any default then this obligation shall be void; otherwise to remain in
full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Agreement or to the
Work to be performed thereunder or the Specifications accompanying the same shall in any way
affect its obligation on this bond; and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the Work or to the
Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in
the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of
which shall be deemed an original, this __ day of _________, 20__.
IN PRESENCE OF: Principal
______________________________ ________________________________________
______________________________ ________________________________________
(Title)
________________________________________
(Address)
(Corporate Seal)
IN PRESENCE OF: Other Partners
_____________________________ By:_____________________________________
_____________________________ By:_____________________________________
IN PRESENCE OF: Surety
_____________________________ By:_____________________________________
_____________________________ By:_____________________________________
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
SECTION 00615
PAYMENT BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
Firm
Address
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins,
300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to
as "the OWNER", in the penal sum of ($ ) in lawful money of the United States, for
the payment of which sum well and truly to be made, we bind ourselves, successors and
assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the [Date] day of [Month], 20[Year], a copy of which
is hereto attached and made a part hereof for the performance of The City of Fort Collins
project, 8008 Poudre Trail at Mulberry & Lemay.
NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors,
and corporations furnishing materials for or performing labor in the prosecution of the Work
provided for in such Agreement and any authorized extension or modification thereof, including
all amounts due for materials, lubricants, repairs on machinery, equipment and tools,
consumed, rented or used in connection with the construction of such Work, and all insurance
premiums on said Work, and for all labor, performed in such Work whether by subcontractor or
otherwise, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Agreement or to the
Work to be performed thereunder or the Specifications accompanying the same shall in any way
affect its obligation on this bond; and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the Work or to the
Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in
the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of
which shall be deemed an original, this __ day of , 20__.
IN PRESENCE OF: Principal
______________________________ By:___________________________________
______________________________ ______________________________________
(Title)
______________________________________
(Address)
(Corporate Seal)
IN PRESENCE OF: Other Partners
______________________________ ______________________________________
______________________________ ______________________________________
IN PRESENCE OF: Surety
______________________________ By:___________________________________
______________________________ By:___________________________________
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance.
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS (OWNER)
DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 8008 Poudre Trail at
Mulberry & Lemay
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
INCLUDE:
____________________________ OWNER: City of Fort Collins
____________________________ CONTRACTOR:
____________________________ CONTRACT DATE:
The Work performed under this contract has been inspected by authorized representatives of
the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the
project, as indicated above) is hereby declared to be substantially completed on the above date.
A tentative list of items to be completed or corrected is appended hereto. This list may not be
exhaustive, and the failure to include an item on it does not alter the responsibility of the
CONTRACTOR to complete all the Work in accordance with the Contract Documents.
ENGINEER AUTHORIZED REPRESENTATIVE
DATE
The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to
complete and correct the items on the tentative list within the time indicated.
ENGINEER AUTHORIZED REPRESENTATIVE
DATE
The OWNER accepts the project or specified area of the project as substantially complete and
will assume full possession of the project or specified area of the project at 12:01 a.m., on
. The responsibility for heat, utilities, security, and insurance under the
Contract Documents shall be as set forth under "Remarks" below.
CITY OF FORT COLLINS, COLORADO
By:
OWNER AUTHORIZED REPRESENTATIVE DATE
REMARKS:
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
, 20__
TO: [Contractor]
Gentlemen:
You are hereby notified that on the day of , 20__, the City of Fort Collins,
Colorado, has accepted the Work completed by [Contractor] for the City of Fort Collins project,
8008 Poudre Trail at Mulberry & Lemay.
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: 8008 POUDRE TRAIL AT MULBERRY & LEMAY
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: 8008 POUDRE TRAIL AT MULBERRY & LEMAY
CONTRACT DATE: [CONTRACT DATE]
In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR
as indicated above, for
(Surety)
on bond of
hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to
the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the
OWNER, as set forth in the said Surety Company's Bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of
, ____ .
(Surety Company)
By
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact.
SECTION 00670
SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
Special Notice
Contractors who have completed this application in the past, please note the following changes
in procedure:
The Department will no longer issue individual Certificates of exemption to subcontractors. Only
prime contractors will receive a Contractor’s Exemption Certificate on exempt projects.
Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor
involved in the project and complete it by filling in the subcontractor’s name and address and
signing it.
The original Certificate should always be retained by the prime contractor. Copies of all
Certificates that the prime contractor issued to subcontractors should be kept at the prime
contractor’s place of business for a minimum of three years and be available for inspection in
the event of an audit.
Once an 89# has been assigned to you, please use the next five numbers following it for any
applications submitted for future projects. This should be your permanent number. For
instance, if you were assigned 89-12345-0001, every application submitted thereafter should
contain 89-12345 on the application. The succeeding numbers will be issued by the
Department of Revenue. DO NOT enter what you believe to be the next in sequence as this
may delay processing of your application.
SECTION 00700
GENERAL CONDITIONS
SECTION 00800
SUPPLEMENTARY CONDITIONS
SECTION 00800
CDOT SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement the corresponding paragraphs as
indicated of the General Conditions of the Construction Contract (EJCDC General Conditions
1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract
Documents as indicated below.
SC-4.2 Subsurface and Physical Conditions:
A. Add the following language to paragraph 4.2.1 of the General Conditions.
4.2.1.1.1 The following report(s) of exploration and tests of subsurface
conditions at the site of the Work:
Geotechnical Investigation, Poudre Trail Bridge Crossing, Lemay Avenue
and Mulberry Street, Project No. FC05838-125, by CTL Thompson Inc., dated
April 19, 2012.
Contractor may rely upon the accuracy of the technical data contained in the
geotechnical documents, but not upon nontechnical data, interpretations or
opinions contained therein or upon the completeness of any information in the
report.
SC-5.3.2 Add the following:
The State of Colorado shall be added as an additional insured.
SC-5.4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
The State of Colorado shall be added as an additional insured.
The limits of liability for the insurance required by the paragraph numbers of the
General Conditions listed below are as follows:
5.4.1 and 5.4.2
Coverage A - Statutory Limits
Coverage B - $100,000/$100,000/$500,000
5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000
combined single limits (CSL). This policy will include coverage for Explosion,
Collapse, and Underground coverage unless waived by the Owner.
5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits
of $1,000,000 combined single limits (CSL).
5.4.9 This policy will include completed operations coverage/product liability
coverage with limits of $1,000,000 combined single limits (CSL).
SC-6.4.1 Purchasing Restrictions
Delete the complete paragraph
SC-6.4.2 Cement Restrictions
Delete the complete paragraph
SC-6.5 Contractor Responsibilities—Amended in its entirety to read:
All materials and equipment shall be of good quality and new, except as otherwise
provided in the Contract Documents. All warranties, if any, provided in the
Specifications shall run specifically to the benefit of Owner. If required by Engineer
prior to final payment as provided for herein, Contractor shall furnish satisfactory
evidence (including reports of required tests) as to the kind and quality of the
materials and equipment. All materials and equipment shall be applied, installed,
connected, erected, used, cleaned and conditioned in accordance with instructions of
the applicable Supplier, except as otherwise provided in the Contract Documents.
SC- 6.30.1. - Contractor General Warranty and Guarantee-
Delete the complete paragraph
6.30.1.1 Specific Warranties. Contractor further warrants and guarantees that any Work
covered by a specific warranty provision contained in the Specifications shall be
performed in accordance with the applicable warranty and any such Work shall
conform to the warranty requirements during the warranty period stated in the
specific warranty.
SC-13.12 Correction Period
Delete the complete paragraph
SC-14.15.1- Waiver of Claims- Amended in its entirety to read:
14.15.1 a waiver of all claims by Owner against Contractor, except claims arising
from unsettled Liens, from defective Work identified and reported to Contractor
during final inspection pursuant to 14.11, from failure to comply with the Contract
Documents, or the terms of any specific guarantees or warranties specified therein,
or from Contractors’ continuing obligations under the Contract Documents;
SC-17.6.1 Delete the complete paragraph
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Contract Change Order
00960 Application for Payment
SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE: POUDRE TRAIL AT MULBERRY & LEMAY
CONTRACTOR: [CONTRACTOR]
PROJECT NUMBER: 8008
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost:
4. Change in Contract Time:
ORIGINAL CONTRACT COST $ .00
TOTAL APPROVED CHANGE ORDER .00
TOTAL PENDING CHANGE ORDER .00
TOTAL THIS CHANGE ORDER .00
TOTAL % OF THIS CHANGE ORDER %
TOTAL C.O.% OF ORIGNINAL CONTRACT %
ADJUSTED CONTRACT COST $ .00
(Assuming all change orders approved)
ACCEPTED BY: DATE:
Contractor's Representative
ACCEPTED BY: DATE:
Project Manager
REVIEWED BY: DATE:
Title:
APPROVED BY: DATE:
Title:
APPROVED BY: DATE:
cc: City Clerk Contractor
Project File Architect
Engineer Purchasing
Section 00960
APPLICATION FOR PAYMENT PAGE 1 OF 4
OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER:
APPLICATION DATE:
PERIOD BEGINNING:
ENGINEER: CONTRACTOR: PERIOD ENDING:
PROJECT NUMBER:
CHANGE ORDERS Application is made for Payment as shown below in connection with Contract
NUMBER DATE AMOUNT
The present status of the account for this Contract is as
follows:
1
2 Original Contract Amount:
3 Net Change by Change Order:
Current contract Amount: $0.00
Total Completed and Stored to Date:
Less Previous Applications:
Amount Due this Application - Before Retainage: $0.00
Less Retainage:
Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00
CERTIFICATION:
The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with
the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract.
The above Amount Due This Application is requested by the CONTRACTOR.
Date: By:
Payment of the above Amount Due This Application is recommended by the ENGINEER.
Date: By:
Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager.
Date: By:
Payment of the above Amount Due This Application is approved by the OWNER.
Date: By:
CONTRACT AMOUNTS
APPLICATION FOR
PAYMENT PAGE 2 OF 4
Work
Completed
Work
Completed
Work
Completed Stored
Bid
This
Month
Previous
Periods
To
Date Materials Total
Item This Earned Percent
Number Description Quantity Units
Unit
Price Amount Qty. Amount Qty. Amount Qty. Amount Period
To
Date Billed
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
TOTALS $0.00 $0.00 $0.00 $0.00 $0.00
CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4
Work
Completed
Work
Completed
Work
Completed Stored
Bid
This
Month
Previous
Periods
To
Date Materials Total
Item This Earned Percent
Number Description Quantity Units
Unit
Price Amount Qty. Amount Qty. Amount Qty. Amount Period
To
Date Billed
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
TOTALS CHANGE
ORDERS $0.00 $0.00 $0.00 $0.00 $0.00
PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00
STORED MATERIALS
SUMMARY PAGE 4 OF 4
On Hand Received Installed On Hand
Item Invoice Previous This This This
Number Number Description Application Period Period Application
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTALS $0.00 $0.00 $0.00 $0.00
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
PROJECT AND
STANDARD SPECIAL
PROVISIONS
POUDRE TRAIL AT MULBERRY & LEMAY
Construction Project Code No: 18399
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
ii
PROJECT SPECIAL PROVISIONS
POUDRE TRAIL AT MULBERRY & LEMAY
The Colorado Division of Transportation’s 2011 Standard Specifications for Road and Bridge
Construction controls construction of this project. The following special provisions supplement or
modify the Standard Specifications and take precedence over the Standard Specifications and plans.
When specifications of special provisions contain both English units and SI units, the English units
apply and are the specification requirement.
Other Technical Standards and Specifications that support this work are as follows in the order of
importance: Larimer County Urban Area Street Standards (LCUASS); Fort Collins Stormwater
Standards, and the latest revision of the "Manual on Uniform Traffic Control Devices for Streets and
Highways" (MUTCD). These documents are not included in the contract documents, but may be
obtained at the appropriate City or District Departments. It shall be the Contractors responsibility to
purchase and familiarize themselves with all the standard specifications.
PROJECT SPECIAL PROVISIONS
Item Date Page
Index Pages (May 3, 2013) I-ii
Notice to Bidders (May 3, 2013) SP-1
Commencement & Completion of Work (May 3, 2013) SP-2
Contract Goal (Combined) (May 3, 2013) SP-3
On the Job Training Contract Goal (May 3, 2013) SP-4
Revision of Section 101 - Definition of Terms (May 3, 2013) SP-5
Revision of Section 102 – Bidding Requirements & Conditions (May 3, 2013) SP-7
Revision of Section 105 - Control of Work (May 3, 2013) SP-10
Revision of Section 107 – Performance of Safety Critical Work (May 3, 2013) SP-11
Revision of Section 107 – Insurance (May 3, 2013) SP-13
Revision of Section 108 – Prosecution and Progress (May 3, 2013) SP-14
Revision of Section 201 – Clearing and Grubbing (May 3, 2013) SP-18
Revision of Section 202 - Removal of Tree (May 3, 2013) SP-19
Revision of Section 202 – Removal of Pipe (May 3, 2013) SP-20
Revision of Section 202 – Removal of Asphalt Mat (May 3, 2013) SP-21
Revision of Section 202 – Removal of Riprap (October 1, 2013) SP-22
Revision of Section 202 – Removal of Concrete Bridge Deck (December, 19, 2013) SP-23
Revision of Section 203 – Excavation and Embankment (August 15, 2014) SP-24
Revision of Section 206 – Structure Backfill Material (October 1, 2013) SP-25
Revision of Section 207 – Topsoil (May 3, 2013) SP-26
Revision of Section 208 – Erosion Control (May 3, 2013) SP-27
Revision of Section 209 – Water and Dust Palliatives (May 3, 2013) SP-28
Revision of Section 210 – Reset Structures (October 1, 2013) SP-29
Revision of Section 211 – Dewatering and Diversion (May 3, 2013) SP-31
Revision of Section 212 – Tree Retention and Protection (August 15, 2014) SP-32
Revision of Section 308 – Subgrade Stabilization (Special) (October 28, 2013) SP-37
Revision of Section 506 – Riprap (May 3, 2013) SP-38
Revision of Section 608 – Sidewalks and Bikeways (May 3, 2013) SP-39
Revision of Section 621 – Structure Temporary Access Road (October 28, 2013) SP-40
Revision of Section 625 – Construction Surveying (December 4, 2013) SP-41
Revision of Section 626 – Mobilization (August 15, 2014) SP-43
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
iii
Revision of Section 628 – Bridge Girder and Deck Unit (May 3, 2013) SP-44
Revision of Section 630 – Traffic Control (May 3, 2013) SP-48
Utilities (May 3, 2013) SP-49
Force Account Items (May 3, 2013) SP-50
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
iv
STANDARD SPECIAL PROVISIONS
Item Date No. of Pages
Revision of Section 103 – Escrow of Proposal Documentation (May 5, 2011) 2
Revision of Section 105 – Disputes and Claims for Contract (January 30, 2014) 31
Adjustments
Revision of Section 105 – Violation of Working Time Limitation (February 3, 2011) 1
Revision of Section 106 – Certificates of Compliance and Certified (February 3, 2011) 1
Test Reports
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 Section 107 – Contractor Obtained Stormwater (July 31, 2014) 1
Construction Permit
Revision of Section 108 –Notice to Proceed (July 31,2014) 1
Revision of Section 108 –Project Schedule (July 31,2014) 1
Revision of Section 108 – Subletting of Contract (January 31, 2013) 1
Revision of Section 109 – Compensation for Compensable Delays (May 5, 2011) 1
Revision of Section 109 – Fuel Cost Adjustment (February 3, 2011) 2
Revision of Section 109 – Measurement of Quantities (February 3, 2011) 1
Revision of Section 109 – Measurement of Water (January 6, 2012) 1
Revision of Section 109 – Prompt Payment (January 31, 2013) 1
Revision of Section 203, 206, 304, 613 – Compaction (July 19, 2012) 2
Revision of Section 206 – Structure Backfill (Flow-Fill) (April 26, 2012) 2
Revision of Section 206 – Structure Backfill at Bridge Abutments (January 30, 2014) 1
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 (July 19, 2012) 1
Management
Revision of Section 412 – Portland Cement Concrete Pavement (February 3, 2011) 1
(May 5, 2011) 1
(February 3, 2011) 1
(February 3, 2011) 1
(July 28, 2011) 2
(July 29, 2011) 1
(May 2, 2013) 1
(May 2, 2013) 1
Finishing
Revision of Section 412, 601, 711 – Liquid Membrane-
Forming Compounds for Curing Concrete
Revision of Section 601 – Concrete Batching
Revision of Section 601 – Concrete Finishing
Revision of Section 601 – Concrete Form and Falsework Removal
Revision of Section 601 – Concrete Slump Acceptance
Revision of Section 601 – Depositing Concrete Under Water
Revision of Section 601 – Fiber Reinforced Concrete
Revision of Section 601 – QC Testing Requirements for (May 8, 2014) 1
(April 26, 2012) 2
(July 28, 2011) 1
(February 3, 2011) 1
(February 3, 2011) 10
(December 26, 2013) 9
(January 24, 2014) 7
Structural Concrete
Revision of Section 603, 624, 705 – Drainage Pipe
Revision of Section 703 – Concrete Aggregate
Revision of Section 712 – Water for Mixing or Curing Concrete
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
v
Partnering Program (February 3, 2011) 1
Required Contract Provisions – Federal-Aid Construction Contracts (October 31, 2013) 14
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
vi
PROJECT SPECIAL PROVISIONS
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-1
NOTICE TO BIDDERS
The proposal guaranty shall be certified check, cashier’s check or bid bond in the amount of 5 percent of the
Contractor’s total bid.
Pursuant to subsections 102.04 and 102.05, it is recommended that bidders on this project review the work site
and plan details with an authorized City of Fort Collins representative. Prospective bidders shall contact the
following authorized City representatives at least 12 hours in advance of the time they wish to go over the project:
PROJECT MANAGER Jason Stutzman
City of Fort Collins Park Planning
215 N Mason St.
Fort Collins, CO 80524
Office Phone: (970) 221-6366
Cell Phone: (970) 222-1708
Email: jstutzman@fcgov.com
PROJECT ENGINEER Kyle Lambrecht
Office: (970) 221-6566
Cell Phone: (970) 556-4637
Emial: klambrecht@fcgov.com
The above referenced individuals are the only representatives of the City of Fort Collins with authority to provide
any information, clarification, or interpretation regarding the plans, specifications, and any other contract
documents or requirements.
Questions received from bidders along with City responses will be posted as an addendum online at the City of
Fort Collins Buy Speed Webpage, www.fcgov.com/eprocurement as they become available.
All questions shall be directed to the City contacts listed above no later than 7:00 A.M. one week prior to the bid
opening.
Questions and answers shall be used for reference only and shall not be considered part of the Contract.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-2
COMMENCEMENT AND COMPLETION OF WORK
The Contractor shall commence work under the Contract on by the City in the “Notice to Proceed”. The
Contractor shall complete all work in accordance with the Contract.
Section 108 of the Standard Specifications is hereby revised for this project as follows:
Subsection 108.03 shall include the following:
The Contractor's progress schedule may be a Bar Chart Schedule.
Salient features to be shown on the Contractor's Progress Schedule are:
(1) Mobilization
(2) Erosion Control
(3) Clearing and Grubbing
(4) Removals
(5) Topsoil Stripping and Stockpiling
(6) Structure Excavation and Backfill
(7) Caissons
(8) Bridge Abutments
Milestone 1
(9) Truck Ramp and Crane Pad
(10) Grading to Subgrade Elevations
(11) Storm sewer System
(12) Concrete Trail
(13) Sidewalk
(14) Set Bridges
(15) Cleanup and punch list
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-3
CONTRACT GOAL (COMBINED)
The Department has determined that Underutilized Disadvantaged Business Enterprises (UDBEs) will participate
by contracting for a part of the work of this Contract. The contract goal for participation in this Contract by
certified DBEs who have been determined to be underutilized has been established as follows:
UDBE* 0.0%
The percentage will be calculated from proposals received for this project according to the following formula:
**Dollar amount of work to be contracted to underutilized DBEs (UDBEs)
Percentage = 100 X ———————————————————————————————
Total dollar amount of the original Contract
* All DBEs will be considered to be UDBEs.
** Based on DBE contract unit prices rather than prime contract unit prices.
NOTE: Specific Good Faith Efforts required to meet the Contract Goal specified above are defined in the
Standard Special Provisions. In addition, the Transportation Commission has determined an overall 12.69 percent
annual goal for the participation of all DBEs.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-4
ON THE JOB TRAINING CONTRACT GOAL
The Department has determined that On the Job Training shall be provided to trainees with the goal of developing
full journey workers in the types of trade or classification involved. The contract goal for On the Job Trainees
working in an approved training plan in this Contract has been established as follows:
Minimum number of total On the Job Training required = 0 hours
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-5
REVISION OF SECTION 101
DEFINITIONS OF TERMS
Section 101 of the Standard Specifications is hereby revised for this project as follows:
Subsection 101.01, Abbreviations, line 25 is deleted and replaced with the following:
CDOT Colorado Department of Transportation or The City of Fort Collins, as applicable.
Subsection 101.10, CDOT Resident Engineer, is deleted and replaced with the following:
101.10 CDOT Resident Engineer. The City of Fort Collins acting either directly or through an authorized
representative, who is responsible for the project’s engineering and administrative supervision.
In subsection 101.17, Contract, delete the first paragraph and replace with the following:
101.17 Contract. The written agreement between the City of Fort Collins and the Contractor setting forth the
obligations of the parties for the performance of work and the basis of payment.
Subsection 101.23, Contractor, is deleted and replaced with the following:
101.23 Contractor. The individual, firm, or corporation contracting with the City of Fort Collins for
performance of prescribed work.
Subsection 101.25, County, is deleted and replaced with the following:
101.25 County. The City of Fort Collins acting through its authorized representative. The City of Fort Collins
and City will be interchangeable in this Contract.
Subsection 101.28, Department, is deleted and replaced with the following:
101.28 Department. The City of Fort Collins.
Subsection 101.29, Engineer, is deleted and replaced with the following:
101.29 Engineer. The City of Fort Collins acting directly or through an authorized representative, who is
responsible for engineering and administrative supervision of the project. The terms Engineer, Project Engineer,
and Project Manager will be interchangeable in this contract.
Subsection 101.36, Holidays, is deleted and replaced with the following:
101.36 Holidays. Holidays recognized by the City of Fort Collins are:
New Year’s Day
Dr. Martin Luther King, Jr.’s Birthday (observed)
President’s Day
Memorial Day
Independence Day
Labor Day
Veteran’s Day
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-6
REVISION OF SECTION 101
DEFINITIONS OF TERMS
Thanksgiving Day
Day after Thanksgiving
Christmas Day
When New Year’s Day, Independence Day, or Christmas Day fall on a Sunday, the following Monday shall be
considered a holiday. When one of these days falls on a Saturday, the preceding Friday shall be considered a
holiday.
Subsection 101.39, Laboratory, is deleted and replaced with the following:
101.39 Laboratory. The testing laboratory designated by the City of Fort Collins or any other testing laboratory
that may be designated by the Engineer.
In subsection 101.48, Preconstruction Conference, delete CDOT and replace with City of Fort Collins.
Subsection 101.51, Project Engineer, is deleted and replaced with the following:
101.51 Project Engineer. The Engineer’s duly authorized representative who may be a City employee or an
employee of a consulting engineer (consultant) under contract to the City of Fort Collins as defined below:
(a) The City of Fort Collins Project Engineer. The City of Fort Collins’s duly authorized representative who
is in direct charge of the work and is responsible for the administration and satisfactory completion of the
project under contract.
(b) Consultant Project Engineer. The consultant’s employee under the responsible charge of the consultant’s
Professional Engineer who is in direct charge of the work and is responsible for the administration and
satisfactory completion of the project. The Consultant Project Engineer’s duties are delegated by the
Project Engineer in accordance with the scope of work in the consultant’s contract with the City. The
Consultant Project Engineer is not authorized to sign or approve Contract Modification Orders.
Subsection 101.58, Region Transportation Director, is deleted.
In subsection 101.76, State, State shall mean The City of Fort Collins, Larimer County, Colorado where
applicable.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-7
REVISION OF SECTION 102
BIDDING REQUIREMENTS AND CONDITIONS
Section 102 of the Standard Specifications is revised as follows:
Subsection 102.04, Interpretation of Plans and Specifications, is deleted and replaced with the following:
102.04 Interpretation of Plans and Specifications
Any change to proposal forms, plans, or specifications prior to the opening of proposals will be issued by the City
of Fort Collins by mail or email to all holders of proposal forms. Certain individuals are named in the project
specifications who have the authority to provide information, clarification or interpretation to bidders prior to
opening of proposals. Information obtained from persons other than those named individuals is invalid and shall
not be used for bidding purposes.
In Subsection 102.05, Examination of Plans, Specifications, Special Provisions, and Site of Work, the following is
included after the final (fifth) paragraph:
The project Construction 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
Subsections 102.06, Preparation of Proposal, and 102.07, Irregular Proposals, are deleted and replaced with the
following:
102.06 Preparation of Proposal
The bidder shall submit the proposal (bid) upon the forms furnished by the City of Fort Collins. The bidder shall
submit completed CDOT Forms 606 and 714 with their bid or the bid will be rejected. The bidder shall specify a
unit price for each pay item for which a quantity is given and shall also show the mathematical products of the
respective unit prices and the estimated quantities in the column provided for that purpose, together with the total
amount of the bid obtained by adding such mathematical products. All the entries shall be in ink or typewritten.
When the bid contains an alternative pay item, which has been approved by the City of Fort Collins, the choice of
that item by the bidder shall be indicated in accordance with the specifications for that particular item. No further
choices will be permitted.
The Contractor's bid must be signed in ink by an individual with legal authority to bind the Contractor. Such an
individual includes the owner of a sole proprietorship, one of more partner members of a partnership, one or more
authorized members or officers of each firm representing a joint venture, the president or vice-president of a
corporation, or an authorized agent of the Contractor. Anyone signing as agent for a Contractor must file with the
City of Fort Collins written evidence of such authority.
(a) Proposal Guaranty. A proposal will not be read and will be rejected unless accompanied by a guaranty of the
character and in an amount not less than the amount indicated in the "INSTRUCTIONS TO BIDDERS"
statement, found in the Special Provisions portion of the bidding documents. If the proposal Guaranty is a bid
bond, the bid bond will be in the format presented in the proposal. No other wording will be accepted.
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REVISION OF SECTION 102
BIDDING REQUIREMENTS AND CONDITIONS
(b) Delivery of Bids. Each bid shall be submitted separately in a sealed envelope to the City of Fort Collins by
mail, personal delivery, or messenger service at the location indicated in the invitation for bids. The envelope
shall be clearly labeled to identify it as a bid for the subject public project.
The sealed bid shall be addressed to:
City of Fort Collins Purchasing
215 N Mason Street, 3rd Floor
Fort Collins, Colorado 80524
All bids shall be filed at the place specified in the invitation for bids and prior to the time specified therein. Bids
received after the time for opening of bids will be returned to the Contractor unopened.
(c) Withdrawal of Bids Prior to Bid Opening. Prior to bid opening, a Contractor may withdraw or revise a bid
after it has been deposited with the City. Withdrawal of bids may be made either in writing or in person; however,
any bid withdrawn for the purpose of revision must be re-deposited before the time set forth for opening of bids in
the invitation for bids. A bid may not be withdrawn after the time set for opening of bids.
Before a bid may be withdrawn, proper identification and verification of the authority of the individual requesting
to withdraw shall be obtained. The fact of such withdrawal shall be documented, in writing, by the City.
(d) Receiving Bids. Sealed bids will be received by The City of Fort Collins at the place specified in the
invitation for bids until the time and date specified in the invitation for bids. Bids must be submitted to The City
of Fort Collins in a manner that ensures that The City of Fort Collins receives a complete bid with original
signature(s), including submission by U.S. mail, personal delivery, or messenger service. Bids submitted in a
manner that results in The City of Fort Collins receiving an incomplete bid, a bid without original signature(s), or
a bid not in the approved form, including submission by telephone, facsimile machine, telegram or mailgram, will
not be accepted or considered but will be rejected.
(e) Opening of Bids. Bids shall be opened and read publicly at the time and place specified in the invitation for
bids. Such opening shall be performed by an authorized employee of The City of Fort Collins in the presence of at
least one witness. Contractors, their authorized agents, and other interested parties are invited to be present.
(f) Rejection of Individual Bids. Individual bids may be rejected for any of the following reasons:
1. If the Contractor fails to submit completed CDOT Forms 606 and 714.
2. If the bid is on a form other than that prescribed by The City of Fort Collins, if the form is altered or any
part thereof is detached, or if the form does not contain original signatures.
3. If there are unauthorized additions, conditional or alternate bids, or irregularities of any kind which may
tend to make the bid incomplete, indefinite, or ambiguous.
4. If the Contractor fails to acknowledge in the bid that it has received all addenda (if any) current on the
date of opening the bids.
5. If the bid does not contain a unit price for each pay item listed except in the case of authorized alternative
pay items, the mathematical products of the respective unit prices, and the estimated quantities, and the
total amount of the bid obtained by adding such mathematical products.
6. If the City of Fort Collins determines that any of the unit bid prices are materially unbalanced to the
potential detriment of The City of Fort Collins. There are two types of unbalanced bids: (1)
mathematically unbalanced and, (2) materially unbalanced. The mathematically unbalanced bid is a bid
containing lump sum or unit pay items which do not reflect reasonable actual costs plus a reasonable
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-9
REVISION OF SECTION 102
BIDDING REQUIREMENTS AND CONDITIONS
proportionate share of the bidder's anticipated profit, overhead costs, and other indirect costs, but not
necessarily to the detriment of The City of Fort Collins. These costs shall all relate to the performance of
the items in question. The materially unbalanced bid is a mathematically unbalanced bid which The City
of Fort Collins determines leaves reasonable doubt that award will result in the lowest ultimate cost to
The City of Fort Collins, or that award is in the public interest.
7. If the Contractor submitting the bid is affiliated with another contractor that has submitted a bid on the
same public project.
8. If the Contractor submitting the bid has been asked in writing to show why it should not be found in
default on a City of Fort Collins contract.
9. If the Contractor submitting the bid has had its prequalification by the Colorado Department of
Transportation and/or The City of Fort Collins revoked, or if the contractor submitting the bid is currently
under debarment or suspension by the Colorado Department of Transportation and/or The City of Fort
Collins.
The City of Fort Collins reserves the right to reject any or all bids, to waive technicalities, to further negotiate
price, scope of work, terms, and conditions with the successful bidder, or to advertise for new bids, if, in the
judgment of the City, the best interests of the City will be promoted thereby.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-10
REVISION OF SECTION 105
CONTROL OF WORK
Section 105 of the Standard Specifications is hereby revised for this project as follows:
Subsection 105.22 shall be revised as follows:
The Colorado Department of Transportation will not participate in the resolution for any claims filed by the
contractor.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-11
REVISION OF SECTION 107
PERFORMANCE OF SAFETY CRITICAL WORK
Section 107 of the Standard Specifications is revised as follows:
Add subsection 107.061 immediately following subsection 107.06 as follows:
107.061 Performance of Safety Critical Work. The following work elements are considered safety critical
work for this project:
(1) Work requiring the use of cranes or other lifting equipment.
(2) Temporary works: falsework and shoring that exceeds 5 feet in height.
The Contractor shall submit, for record purposes only, an initial detailed construction plan that addresses safe
construction of each of the safety critical elements. When the specifications already require an erection plan or a
bridge removal plan, it shall be included as a part of this plan. The detailed construction plan shall be submitted
two weeks prior to the safety critical element conference described below. The construction plan shall be stamped
“Approved for Construction” and signed by the Contractor. The construction plan will not be approved by the
Engineer.
The Construction Plan shall include the following:
(1) Safety critical element(s) for which the plan is being prepared.
(2) Contractor or subcontractor responsible for the plan preparation and the work.
(3) Schedule, procedures, equipment, and sequence of operations, that comply with the working hour
limitations.
(4) Temporary works required: falsework, bracing, shoring, etc.
(5) Additional actions that will be taken to ensure that the work will be performed safely.
(6) Names and qualifications of workers who will be in responsible charge of the work:
a. Years of experience performing similar work
b. Training taken in performing similar work
c. Certifications earned in performing similar work
(7) Names and qualifications of workers operating cranes or other lifting equipment
a. Years of experience performing similar work
b. Training taken in performing similar work
c. Certifications earned in performing similar work
(8) The construction plan shall address how the Contractor will handle contingencies such as:
a. Unplanned events (Storms, traffic accidents, etc.)
b. Structural elements that don’t fit or line up
c. Replacement of workers who don’t perform the work safely
d. Equipment failure
e. 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) Bridge erection plan when submitted as required elsewhere by the specifications. Plan requirements
that overlap with above requirements may be submitted only once.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-12
REVISION OF SECTION 107
PERFORMANCE OF SAFETY CRITICAL WORK
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 conference 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) Work requiring the use of cranes or other lifting equipment and (2) Temporary
Work. 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 manger that creates an unsafe situation for the public in accordance with subsection
108.05.
Should an unplanned event occur or the safety critical operation deviate from the submitted plan, the Contractor
shall immediately cease operations on the safety critical element, except for performing any work necessary to
ensure worksite safety, and provide proper protection of the work and the traveling public. If the Contractor
intends to modify the submitted plan, he shall submit a revised plan to the Engineer prior to resuming operations.
All costs associated with the preparation and implementation of each safety critical element construction plan will
not be measured and paid for separately, but shall be included in the work.
Nothing in the section shall be construed to relieve the Contractor from ultimate liability for unsafe or negligent
acts or to be a waiver of the Colorado Governmental Immunity Act on behalf of the Department.
All costs associated with the preparation and implementation of each safety critical work element construction
plan and meeting will not be measured or paid for separately, but shall be included in the work.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-13
REVISION OF SECTION 107
INSURANCE
Section 107 of the Standard Specifications is revised as follows:
Subsection 107.18 is hereby revised as follows:
For this project all insurance certificates shall name The City of Fort Collins and the Colorado Department of
Transportation as an additionally insured party.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-14
REVISION OF SECTION 108
PROSECUTION AND PROGRESS
Section 108 of the Standard Specifications is revised as follows:
Subsection 108.03, shall include the following:
Project Meetings
A. Pre-Construction Conference: A Pre-Construction Conference will be held after Notice of Award and
before the Notice to Proceed. The date, time and location will be determined after Notice of Award. The
conference shall be attended by:
1. Contractor and Contractor’s Superintendent
a. Contractor shall designate/introduce Superintendent
b. At this time the Superintendent will be expected to show that he has sufficient knowledge
of the specifications and plans to orchestrate and coordinate the construction activities for
this job.
2. Contractor’s Subcontractors
a. Contractor shall designate/introduce major Subcontractor’s supervisors assigned to the
project.
3. Engineer
4. Owner
5. Others as required by the Contractor, City, or Engineer.
Unless previously submitted to the City, the Contractor shall bring to the conference a tentative schedule of the
construction project. Shop drawings and other submittals shall be included in the schedule. Any submittals
requiring long lead times and therefore must be expedited shall be submitted at the pre-construction conference,
or as soon thereafter as possible.
The purpose of the conference is to designate responsible personnel and establish a working relationship. Matters
requiring coordination will be discussed and procedures for handling such matters established. The agenda will
include:
1. Contractor’s tentative Schedule
a. The Contractor shall submit a detailed project schedule showing milestones and the critical path
for the Poudre Trail at Mulberry and Lemay project. This schedule shall be agreed to by both
the City and the Contractor. It shall be made in writing and signed by both parties.
2. Permit applications and submittals, including Dewatering Permit, and Erosion and Sediment Control
Plan.
3. Transmittal, review and distribution of Contractor’s submittals.
4. Processing application for payment.
5. Maintaining record documents.
6. Field decision and change orders.
7. Use of premises, office and storage areas, staging areas, security, housekeeping, and City’s needs.
8. Proposed daily construction hours for the City’s approval
9. Designation of access routes and parking.
10. Contractor’s assignment of safety and first aid.
B. Construction Progress Meetings: Progress meetings will be conducted weekly or at some other frequency,
if approved by the City. These meetings shall be attended by the City, the Engineer, the Contractor’s
representative and any others invited by these people.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-15
REVISION OF SECTION 108
PROSECUTION AND PROGRESS
The Engineer will conduct the meeting and the Engineer will arrange for keeping the minutes and distributing the
minutes to all persons in attendance.
The agenda of these project meetings will include construction progress, the status of submittal reviews, and the
status of information requests, critical work sequencing, review of strategies for connections into existing
facilities, status of field orders and change orders, and any general business.
The Contractor will prepare a “three week look ahead” schedule to facilitate coordination of work items.
The schedule shall be monitored closely during construction and may be updated by written agreement of the
parties as changes occur in the project progress. If the milestones are not met, the City may utilize the remedies
provided in the General Conditions as well as any other remedy provided by the Contract Documents or provided
by law or equity. The City may also assess liquidated damages as outline in Article 2, Section 3.2 of the
Agreement.
The Engineer or Engineer’s Field Representative and Contractor shall agree to weekly quantities at the progress
meetings. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall
be final and shall be the basis for the monthly progress estimates. This process ensures accurate monthly project
pay estimates.
C. The Engineer may hold coordination conferences, to be attended by all parties involved, when the
Contractor’s operations affect or are affected by the work of others.
1. Contractor shall participate in such conferences accompanied by Subcontractors as required by the
Engineer.
Construction Schedules
A. The Contractor shall prepare a detailed schedule of all construction operations and procurement after
review of tentative schedule by parties attending the pre-construction conference. This schedule will
show how the Contractor intends to meet the milestones set forth.
1. No work is to begin at the site until City’s acceptance of the Construction Progress Schedule and
Report of delivery of equipment and materials.
B. Format and Submissions
1. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled
and actual progress.
2. Submit two copies of each schedule to City for review.
i. Owner will return one copy to contractor with revisions suggested or necessary for
coordination of the Work with the needs of City or others.
ii. The Contractor will be required to submit a weekly progress schedule showing work to
be completed, labor, equipment, work hours and methods of construction for the
upcoming week. This schedule will be required every Thursday in a daily calendar
format.
3. The schedule must show how the trail, underground utilities, and bridge work will be coordinated.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-16
REVISION OF SECTION 108
PROSECUTION AND PROGRESS
C. Content
1. Construction Progress Schedule
i. Show the complete work sequence of construction by activity and location.
ii. Show changes to traffic control.
iii. Show project milestones.
2. Equipment, Materials and Submittals Schedule
i. Show delivery status of critical and major items of equipment and materials
ii. Include a critical path schedule for Shop Drawings, tests, and other submittal
requirements for equipment and materials.
D. City’s Responsibility
1. City’s review is only for the purpose of checking conformity with the Contract Documents and
assisting the Contractor in coordinating the Work with the needs of the Project.
2. It is not to be construed as relieving contractor from any responsibility to determine the means,
methods, techniques, sequences and procedures of construction.
Modifications to Time of Completion in the Approved Schedule
The date of beginning and the time for completion of the work are essential conditions of the Contract Documents
and the work embraced shall be commenced on a dated specified in the Notice to Proceed.
The Contractor will proceed with the work at such rate of progress to ensure full completion within the contract
time. It is expressly understood and agreed by and between the Contractor and the City that the contract time for
completion of the work described herein is a reasonable time, taking into consideration the climatic and other
factors prevailing in the locality of the work.
Every effort shall be made by the Contractor to complete the project within the “Contract Time” shown in the
proposal. The “Contract Time” anticipated “Normal” weather and climate conditions in and around the vicinity
of the Project site during the times of year that the construction will be carried out. Extensions of time based
upon weather conditions shall be granted only if the Contractor demonstrates clearly that such conditions were
“unusually severe,” would not have been reasonably anticipated, and that such conditions adversely affected the
Contractor’s work and thus required additional time to complete the work.
The following specifies the procedure for the determination of time extensions for unusually severe weather. The
listing below defines the anticipated number of calendar days lost to adverse weather for each month and is based
upon National Oceanic and Atmospheric Administration (NOAA) or similar data for the geographic location of
the project.
Monthly Anticipated Calendar Days Lost to Adverse Weather Conditions
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
7 4 4 4 6 3 4 2 3 3 2 5
The above schedule of anticipated adverse weather will constitute the base line for monthly (or portion thereof)
weather time evaluations. Upon acknowledgment of the Notice to Proceed and continuing throughout the
contract on a monthly basis, actual adverse weather days and the impact of adverse weather days that delay the
work will be recorded on a day-to-day basis. It is assumed that the work will be carried out Mondays through
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-17
REVISION OF SECTION 108
PROSECUTION AND PROGRESS
Fridays (holidays accepted) unless an approved construction schedule or written authorization from the City
indicates otherwise. The number of days of delayed work due to adverse weather or the impact thereof will then
be compared to the monthly adverse weather schedule above.
An actual adverse weather day must prevent work for 50 percent or more of the Contractor’s workday, delay
work critical to the timely completion of the project, and be documented by the Contractor. The City
Representative observing the construction shall determine on a daily basis whether or not work can proceed or if
work is delayed due to adverse weather or the effects thereof. The Contractor shall notify the Engineer in writing
of any disagreement as to whether or not work can proceed on a given date, within 2 calendar days of that date.
The City will use the above written notification in determining the number of working days for which work was
delayed during each month.
At the end of each month, if the number of working days for which work was delayed due to adverse weather
exceeds that shown in the above schedule, a Change Order will be executed which increases the Contract Time.
The number of work days delayed due to adverse weather or the impact thereof will then be converted to Calendar
Days based on the contract completion day and date. The conversion assumes a 5-day work week, Mondays
through Fridays, holidays excepted; should the Contractor have authorization to work weekends and/or holidays,
and then the method of conversion of workdays to calendar days would take this into consideration. The contract
time period will then be increased by the number of calendar days calculated above and a new contract
completion day and date will be set.
The Contractor’s schedule must reflect the above-anticipated adverse weather delays on all weather-dependent
activities.
While extension of time shall be granted for “unusually severe” weather or climate conditions, the Owner shall
make no monetary compensation for any costs to the Contractor arising out of such delays. The Contractor shall
comply with the portions of the Contract Documents relating to his project schedule and amendments thereto
which result from the “unusually severe” weather condition.
Breakdowns in equipment or lack of performance by the Contractor will not be considered justification for an
extension of time. Liquidated damages will be assessed as delineated elsewhere.
The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of
the work is due to the following, and the Contractor has promptly given written notice of such delay to the City or
Engineer.
1. To any preference, priority, or allocation order duly issued by the City.
2. To unforeseeable causes beyond the control and without the fault or negligence of the Contractor,
including but not restricted to, acts of God, or of the public enemy, acts of the City, acts of another
Contractor in the performance of a contract with the City, fires, floods, epidemics, quarantine restrictions,
strikes, freight embargoes, and abnormal and unforeseeable weather as provided above.
3. To any delays of Subcontractors occasioned by any of the causes specified in paragraphs 1 and 2, above.
Work Hours: Standard work hours are 7 AM to 6 PM, Monday through Friday. No work shall be permitted on
weekends or holidays without written approval from the Project Manager. Work requests beyond normal working
hours must be submitted to the Project Manager a minimum of (5) working days prior to the request date.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-18
REVISION OF SECTION 201
CLEARING AND GRUBBING
Section 201 of the standard specifications is hereby revised for this project as follows:
Subsection 201.02 shall include the following:
The City Representative shall be responsible for identifying the removal of tree branches, stumps, shrubs and/or
other plant materials beyond those trees identified in the removal plans for removal and/or transplant. Coordinate
with the City Representative to have tree branches, stumps, shrubs, and other plant materials marked for removal.
The Contractor shall scalp the vegetation and trash from the topsoil surface and dispose of this material properly
offsite.
All removed debris shall become the property of the contractor and shall be removed from the project site, not
buried on-site.
Trees smaller than 6 inches in diameter at breast height within the project limits shall be removed as a part of this
item.
Subsection 201.04 shall include the following:
Pay Item Pay Unit
Clearing and Grubbing Lump Sum
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-19
REVISION OF SECTION 202
REMOVAL OF TREES
Section 202 of the Standard Specifications is hereby revised for this project as follows:
Subsection 202.02 shall include the following:
This work includes the removal of trees as directed by the City Representative. This work includes the
preservation from injury or defacement of all vegetation and objects designated to remain.
The City Representative will establish environmental limits. All trees, shrubs, plants, grasses, and other
vegetative materials shall remain, except as designated by the City Representative.
The existing tree stumps designated for removal shall be ground down 36 inches below proposed grade. The
removed material shall become the property of the Contractor and shall be disposed of outside the project site
legally.
Subsection 202.11 shall include the following:
Potholing will not be paid separately and shall be included in the cost for removal of tree.
Subsection 202.12 shall include the following:
Pay Item Pay Unit
Removal of Tree Each
Chipping, stockpiling mulch, and hauling and stockpiling trunks and limbs will not be paid for separately but shall
be included in the work.
All clearing and grubbing directed by the City Engineer will be paid for as lump sum under the clearing and
grubbing item.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-20
REVISION OF SECTION 202
REMOVAL OF PIPE
Section 202 of the Standard Specifications is hereby revised for this project as follows:
Subsection 202.01 shall include the following:
This work includes removal and disposal of existing pipe within the project limits as shown on the plans or at
locations directed by the City Representative.
In subsection 202.02 delete the sixth paragraph and replace with the following:
The removed pipe shall become the property of the Contractor and shall be disposed of outside the project site
legally.
Subsection 202.11 shall include the following:
The removal of the existing pipe will be measured by the linear foot of pipe removed, and accepted.
Excavation and embankment to return the ground to existing grade will not be paid separately and shall be
included in the cost for removal of pipe.
The pipe that is removed shall be backfilled with flowfill and meet the requirements found under Section 206 of
the Special Provisions. This will be paid for under its own unit.
Subsection 202.12 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Removal of Pipe Linear Foot
Work shall include all material, equipment, labor, and disposal of materials to complete the work.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-21
REVISION OF SECTION 202
REMOVAL OF ASPHALT MAT
Section 202 of the Standard Specifications is hereby revised for this project as follows:
Subsection 202.01 shall include the following:
This work includes removal and disposal of existing asphalt mat within the project limits as shown on the plans or
at locations directed by the City Representative.
Subsection 202.11 shall include the following:
The removal of the existing asphalt mat will be measured by the square yard of mat removed to the required
depth, and accepted.
Payment will be made under:
Pay Item Pay Unit
Removal of Asphalt Mat Square Yard
Work shall include all material, equipment, labor, and disposal of materials, including hauling, to complete the
work. Planers, brooms and all other work necessary to complete the item will not be measured and paid for
separately, but shall be included in the work.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-22
REVISION OF SECTION 202
REMOVAL OF RIPRAP
Section 202 of the Standard Specifications is hereby revised for this project as follows:
Subsection 202.01 shall include the following:
This work includes the removal of existing riprap under the Lemay Ave Bridge within the project limits as shown
on the plans or at locations directed by the City Representative.
Subsection 202.11 shall include the following:
Excavation will not be paid separately and shall be included in the cost for removal of the riprap. Approximately
5 CY of excess riprap shall be used at the proposed 24-inch flared end section outfall. All other excess riprap
shall become the property of the Contractor and removed and disposed of properly.
The removal of the existing rip rap will be measured by the square yard of mat removed to the required depth, and
accepted.
Payment will be made under:
Pay Item Pay Unit
Removal of Riprap Cubic Yard
Work to remove riprap shall include all material, equipment, labor, and disposal of materials to complete the
work.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-23
REVISION OF SECTION 202
REMOVAL OF CONCRETE BRIDGE DECK
Section 202 of the Standard Specifications is hereby revised for this project as follows:
Subsection 202.01 shall include the following:
This work includes the removal of the existing concrete bridge deck on the 165’ bridge. The limits of removal
shall be determined in the field following delivery from the CDOT project and inspection of the City
Representative.
Subsection 202.11 shall include the following:
The removal of the existing concrete bridge deck will be measured by the square yard of material removed and
accepted.
Payment will be made under:
Pay Item Pay Unit
Removal of Concrete Bridge Deck Square Yard
Work shall include all equipment and labor necessary to complete the work. The disposal of the existing concrete
deck material shall be included in the work.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-24
REVISION OF SECTION 203
EXCAVATION AND EMBANKMENT
Section 203 of the Standard Specifications is hereby revised for this project as follows:
Subsection 203.14 shall include the following:
Unclassified Excavation and Embankment will be paid per plan quantities. Payment will be made under:
Pay Item Pay Unit
Unclassified Excavation (Complete in Place) Cubic Yard
Embankment (Complete in Place) Cubic Yard
Work shall include all material, equipment, labor, and disposal of materials to complete the work, including haul,
stockpiling, dust control, soil moisture control, compaction, proof rolling, finish grading and disposal of
unsuitable materials.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-25
REVISION OF SECTION 206
STRUCTURE BACKFILL MATERIAL
Section 206 of the standard specifications is hereby revised for this project as follows:
In subsection 206.01, add the following:
High groundwater may be encountered on this project. Dewatering shall be included in the work for Revision of
Section 211 Dewatering.
In subsection 206.06, add the following:
The quantity for Structure Backfill (Class I) will not be measured, but will be the quantity designated on the
Plans, unless field changes are ordered. If field changes are ordered, the quantities will be calculated using the
revised dimensions and the additional volume of material shall be approved in writing by the Engineer prior to
beginning the work. No allowances shall be made for shrinkage, swell, subsidence due to compaction of the
existing ground or any other losses.
Haul and stockpile of salvable material will not be measured and paid for separately but shall be included in
the work.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-26
REVISION OF SECTION 207
TOPSOIL
Section 207 of the standard specifications is hereby revised for this project as follows:
Subsection 207.02 shall include the following:
The source of topsoil for this project is the strippings from the project limits, but the Contractor shall ensure that
the source location and the area, which is to be used to store topsoil, shall be free of noxious weeds. Failure will
result in the rejection of this topsoil. Any imported topsoil is subject to approval by the Engineer before use. At
least 30 days before hauling soil to the site, the Contractor shall supply a sample of the topsoil to Colorado State
University Soil Testing Laboratory for analysis. The Contractor shall contact the Engineer to inspect and approve
this area and the area where the topsoil shall be stored. A Certificate of Compliance from the University shall be
provided to the Engineer to verify the organic matter content, pH, sodium absorption ratio, electrical conductivity
and nutrient requirements.
Contractor supplied topsoil shall meet the following criteria:
Property Min. Value Max. Value
pH 6.5 7.8
Sodium Absorption Ratio - 10.0
Salts (electrical conductivity) - 4.0 mmhos/cm
Organic matter 3% 10%
Topsoil shall contain the following minimum ammonium DTPA (chelate) extractable nutrients the extracting
solution used by CSU Soil Testing Laboratory:
Nitrogen 5 ppm Air dried Basis
Phosphorous 5 ppm
Potassium 30 ppm
Iron (Fe) 5 ppm
Subsection 207.05 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Topsoil (remove, stockpile, redistribute) Cubic Yard
This item includes stripping topsoil as directed by the City representative and properly stockpiling and replacing
topsoil in disturbed areas. Tilling and disking operations will not be paid for separately, but shall be included in
the work.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-27
REVISION OF SECTION 208
EROSION CONTROL
Section 208 of the Standard Specifications is hereby revised for this project as follows:
Section 208.12 delete paragraph ten and replaced with the following:
Removal and Disposal of Sediment will not be measured and paid for separately, but shall be incidental to the
work.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-28
REVISION OF SECTION 209
WATERING AND DUST PALLIATIVES
Section 209 of the Standard Specifications is hereby revised for this project as follows:
Subsection 209.07, replace this subsection in its entirety with “Dust Palliatives (water) will not be paid for
separately but shall be included in the work.”
In subsection 209.08, delete the second paragraph.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-29
REVISION OF SECTION 210
RESET STRUCTURES
Section 210 of the Standard Specifications is hereby revised for this project as follows:
Subsection 210.01 shall include the following:
This work includes the removal and resetting of existing riprap under the Lemay Ave Bridge within the project
limits as shown on the plans or at locations directed by the City Representative. This work also consists of the
erection and installation of the existing prefabricated pedestrian bridge at Span 1 of the proposed bridge crossing.
Subsection 210.02 shall include the following:
Reset Structure (Existing 165’ Bridge – at Lemay)
The erection and installation of the existing prefabricated pedestrian bridge shall be performed in a safe manner.
The installation shall include field-splicing of the existing prefabricated bridge.
The existing prefabricated pedestrian bridge will be delivered to the site by others under separate contract. The
delivery site will be the bottom of the truck ramp near the south bank of the Poudre River and just east of the
Lemay Avenue Bridge. Please refer to “Bridge Relocation Exhibit A”. Work by owner is done here, handoff to
contractor at this point. Unloading of the existing bridge and any additional transportation of the bridge,
including crane erection, shall be the responsibility of the Contractor and included in the work.
All materials (structural members, connection hardware, splice plates, welds, elastomeric pads, etc.) included in
the original fabrication drawings dated October 18, 2001 for the existing prefabricated bridge shall be provided
upon delivery to the site by owner. Any item(s) missing from the pedestrian bridge assembly, whether lost during
transportation, erection, or otherwise, shall be replaced with new items of matching size and material at no
additional cost. The Contractor is responsible to provide new bearing pads for span 1 (the existing 165’ bridge);
the existing bearing pads for span 1 cannot be re-used.
Any damage or distress incurred during erection shall be repaired by the Contractor to the satisfaction of the
Owner prior to acceptance. All bolted connections and welds shall be subject to testing by the Owner’s testing
firm at the Owner’s discretion.
Unload Structure (Existing 165’ Bridge – at alt. site)
The second existing 165’ prefabricated pedestrian bridge that will be removed from the existing location at the
Mulberry Street Bridge will be delivered to the alternate site by others under separate contract. The delivery site
will be at the Arapaho Bend Natural Area located off Strauss Cabin Road as detailed by “Bridge Relocation
Exhibit B”. Unloading of the existing bridge and any additional transportation of the bridge shall be the
responsibility of the Contractor and included in the work. The Contractor shall coordinate with the City
Representative for the exact storage location at Arapaho Bend Natural Area.
Unload Structure (Existing Steel Railing – at alt. site)
The existing steel railing will be removed from the Mulberry Street Bridge and will be delivered to the alternate
site by others under separate contract. The delivery site will be at the City of Fort Collins Timberline Storage
Yard west of Timberline Road as detailed by “Steel Railing Storage Location Exhibit C”. Unloading of the
existing steel railing and any additional transportation of the railing shall be the responsibility of the Contractor
and included in the work. The Contractor shall coordinate with the City Representative for the exact storage
location at the Timberline Storage Yard.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-30
REVISION OF SECTION 210
RESET STRUCTURES
Subsection 210.13 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Reset Structure (Existing 165’ Bridge – at Lemay) Each
Unload Structure (Existing 165’ Bridge – at alt. site) Each
Unload Structure (Existing Steel Railing – at alt. site) Each
Payment for Reset Structure will be full compensation for all labor, materials and equipment required to complete
the work, including, erection, assembly, field-splicing, bearing pads, and repair or replacement of damaged or
missing components.
Payment for Unload Structure will be full compensation for all labor, materials and equipment required to
complete the work.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-31
REVISION OF SECTION 211
DEWATERING AND DIVERSION
Section 211 is hereby added to the Standard Specifications for this project as follows:
DESCRIPTION
211.01 This work consists of dewatering to facilitate construction activities.
CONSTRUCTION REQUIREMENTS
211.02 The Contractor is advised that groundwater within the project limits may require dewatering. The
Contractor shall conform to all applicable State and City of Fort Collins requirements as well as the requirements
outlined in the Nationwide Permit No. 14 (the City of Fort Collins has obtained this permit).
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 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 and Diversion Plan to the City at least four 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 and bridge placement. The Dewatering and Diversion Plan shall be
stamped “Approved for Construction” and signed by the Contractor. The Dewatering and Diversion Plan will not
be approved by the City.
The City will review the Dewatering and Diversion Plan and issue a written acceptance letter or request for
changes within two weeks of receiving the Plan. If changes are requested the Contractor shall update the Plan and
resubmit it to the City within one week after receiving the request for changes. The City’s written acceptance of
the Dewatering and Diversion Plan is required before construction.
The Dewatering and Diversion 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) Method and details for minimizing dewatering in excavations and during caisson construction.
3) Method and details for diverting the Cache La Poudre River as necessary for bridge placement.
4) Method of measuring groundwater discharge.
5) Equipment descriptions including size, number, type, capacity, and location of equipment during
dewatering operations.
BASIS OF PAYMENT
211.03 Payment for all work for Dewatering including preparation of the Dewatering and Diversion Plan and all
work for Section 250 shall be included in the work. All permitting shall be included in the work as well.
Pay Item Pay Unit
Dewatering Lump Sum
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-32
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:
1) 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.
2) Plant-Protection Zone: Area surrounding individual trees, groups of trees, shrubs, or
other vegetation to be protected during construction, and indicated on Drawings.
3) 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.
4) 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
212.61 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.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-33
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.
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
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-34
REVISION OF SECTION 212
TREE RETENTION AND PROTECTION
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.
A. 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.
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.
B. EXCAVATION
General: Excavate at edge of protection zones and for trenches indicated within protection zones
according to requirements in Section 200 Earth Work.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-35
REVISION OF SECTION 212
TREE RETENTION AND PROTECTION
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.
E. 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.
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.
F. 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
G. 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.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-36
REVISION OF SECTION 212
TREE RETENTION AND PROTECTION
H. 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.
I. 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.
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
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-37
REVISION OF SECTION 308
SUBGRADE STABILIZATION (SPECIAL)
DESCRIPTION
308.01 General. This work consists of stabilizing the earth subgrade as called for in the revision of section 621,
Structure Temporary Access Road, by providing a geosynthetic material in the specified area (crane runway and
working platform) as needed to build the access road.
DESIGN REQUIREMENTS
308.02 The Contractor shall submit a design to the Engineer for approval prior to construction. Mechanical
stabilization shall be designed in accordance with CP 26-13. Stabilization with unbound aggregate shall be
designed in accordance with the current version of CDOT’s Pavement Design Manual.
MATERIALS
308.03 Mechanically stabilized material shall conform to CP 26-13. Unbound aggregate material shall conform
to the requirements of Section 304.
CONSTRUCTION REQUIREMENTS
308.04 Placing. The geosynthetic material for separation shall be placed on native soil with only minimal soil
disturbance. This geosynthetic material and succeeding embankment shall provide a uniform surface on which a
structural roadway system can be placed.
The Contractor shall construct one or more compacted courses of stabilized material in the area specified in the
Contract. The stabilized subgrade shall have uniform density and moisture content. The stabilized subgrade shall
be well bound for its full depth and width with a smooth surface suitable for placing subsequent courses.
308.05 Mixing. The Contractor shall regulate the sequence of the work to accurately apply the subgrade
stabilization technology courses as necessary to meet the above requirements.
308.06 Proof Rolling. After the subgrade has been stabilized, the Contractor shall perform proof rolling in
accordance with subsection 203.09. Final proof rolling will take place a maximum of two days after all
mechanical stabilization or unbound aggregate work has been completed, unless otherwise approved by the
Engineer. Final proof rolling will take place as directed or requested by the Engineer.
308.07 Finishing. The finished surface shall be smooth and uniform conforming to the typical sections. All
irregularities, depressions, or weak spots, which develop, shall be corrected at the Contractor’s expense. The
surface shall be maintained in a smooth condition, free from undulations and ruts, until other work is placed
thereon or the work is accepted.
METHOD OF MEASUREMENT
308.08 Stabilized subgrade will not be measured for payment.
BASIS OF PAYMENT
308.09 The cost for subgrade stabilization shall be included in the cost for item 621, Structure Temporary
Access Road.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-38
REVISION OF SECTION 506
RIPRAP
Section 506 of the Standard Specifications is hereby revised for this project as follows:
Subsection 506.02 shall include the following:
Repurposed Riprap (pipe outfall) shall be existing riprap salvaged from the riprap to be removed under the Lemay
Bridge (Revision of Section 202 – Removal of Riprap). The specified quantity shall be salvaged and transported
to the proposed pipe outfall location and installed as detailed on the plans and standard specifications. Material to
be approved by the Engineer prior to placement.
Repurposed Riprap (existing streambed riprap) shall be existing streambed material salvaged from approximately
the top 2-3 feet of excavation operations near the Poudre River. Material shall be excavated, selected, handled
and stockpiled as necessary to maintain the gradation, appearance and armoring potential of the existing
streambed surface. Material to be approved by the Engineer prior to placement. Material shall generally range in
size from 2-inch cobbles to 12-inch rounded rock. This material shall be placed in the top of all structural
excavation areas as shown on the plans.
The color of the riprap shall be gray with gray/blue hues and approved by the Owner’s representative prior to
delivery to the project site. Color shall be consistent on the entire project and shall match the color of rock to be
used for all other portions of the work. Pink riprap will not be allowed.
Subsection 506.05 shall include the following:
The removal of the repurposed riprap (pipe outfall) shall be paid for under the Revision of Section 202 – Removal
of Riprap. The work required to excavate the repurposed riprap (native streambed riprap) shall be paid for under
Section 206 – Structure Excavation.
Bedding, topsoil, and seeding for buried riprap at the pipe outfall will not be measured and paid for separately, but
shall be incidental to the work.
Pay Item Pay Unit
Repurposed Riprap (Pipe outfall) Cubic Yard
Repurposed Riprap (Native Streambed Riprap) Lump Sum
Riprap (12-icnh) Cubic Yard
Payment for both pay items will be full compensation for all labor and materials required to complete the work.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-39
REVISION OF SECTION 608
SIDEWALKS AND BIKEWAYS
Section 608 of the Standard Specifications is hereby revised for this project as follows:
Subsection 608.01 shall include the following:
This work consists of constructing a reinforced concrete trail and colored concrete trail in accordance with these
specifications at locations shown on the plans within the project limits.
Subsection 608.03 shall be modified to include the following:
Color Agent: Yosemite Brown, Davis Colors of Los Angeles, California
Fibrous Reinforcement: Add fibrous concrete reinforcement to concrete materials at the time concrete is batched
in amounts in accordance with approved submittals for each type of concrete required. Mix batched concrete in
accordance with manufacture’s recommendations for uniform and complete dispersion.
Broom Finish: Concrete flatwork shall receive a heavy broom finish applied at a right angle to the direction of
travel. All other flatwork shall have broom finish over joints.
Colored Concrete: concrete for colored pavement shall be CDOT class D concrete with the following
additional characteristics:
Unit Measurement
Fiberous Reinforcement ¾ lb / CY
Coloring Agent 2 lbs. per sack of Yosemite Brown color
(per manufacture’s recommendations)
Maximum Slump 4 inches
Subsection 608.05 shall include the following:
The reinforcing steel contained in the section of reinforced concrete trail will not be measured but shall be
included in the cost of the work.
The fibrous reinforcement, color agent, or any other add mixtures to the concrete trail will not be measured but
shall be included in the cost of the work.
Subsection 608.06 shall include the following:
Pay Item Pay Unit
Concrete Bikeway (Special) Square Yard
Concrete Bikeway (5 Inch) Square Yard
The price of all pay items shall be full compensation of all excavation, concrete, forms, reinforcement, tooling,
finishing, and backfill.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-40
REVISION OF SECTION 621
STRUCTURE TEMPORARY ACCESS ROAD
Section 621 is hereby added to the Standard Specifications for this project as follows:
DESCRIPTION
621.01 This work consists of constructing and removing a temporary access road for the pedestrian bridge
structures being built on this project, as called for in the plans.
MATERIALS
621.02 The temporary access road shall consist of Class 6 aggregate base course and geotextile for separation.
Any change in these material choices made by the Contractor may be submitted to the Engineer for review.
Regardless of the final material choices, the Contractor shall ensure the quality of the actual materials being
placed.
621.03 The plan view and typical section that are shown in the plans depict one possible way of accessing the
site for the purpose of installing caissons, delivering materials, and erecting the pedestrian bridges. Prior to the
start of work, the Contractor shall submit the actual location of the access road and the actual structural roadway
system design based on soil conditions on the south side of the river. Traffic control shall be submitted along
with the Method of Handling Traffic (MHT) and the Traffic Control Plan. Work shall not begin until written
approval of the access road location and structural roadway system design has been received from the Engineer.
CONSTRUCTION REQUIREMENTS
The Contractor shall maintain the temporary access road for the structures being built on this project throughout
the duration of the project. If the access encroaches into the Poudre River floodplain during the first phase of the
project (construction of bridge abutments and piers), it shall be removed back to the limits of the floodplain upon
completion of the work and prior to the start of the spring runoff (April 15th). The access road shall be rebuilt
after October 1st for the work involved with phase two (erecting the bridges). The Contractor shall not construct
temporary access roads during the flood season (April 15th through October 1st). The access roads shall be
removed and the site restored to its original state upon completion of their use, prior to start of the spring runoff.
All pavement markings and traffic control devices shall be in accordance with the traffic control plans.
METHOD OF MEASUREMENT
Structure Temporary Access Road will not be measured, but will be paid for as a single lump sum where the
access road is constructed, maintained, and removed.
BASIS OF PAYMENT
621.04 The accepted quantities for temporary access roads measured as provided above will be paid for at the
contract unit price bid.
Pay Item Pay Unit
Structure Temporary Access Road Lump Sum
Payment will be full compensation for all work and materials required to complete the item, including, but not
limited to, aggregate base course, earthwork, geotextiles, maintenance, and all work and materials required to
place and remove them in order to return the site to its original state after the construction process has ended.
Partial (50%) payment will be made upon completion of the roadway and the remaining amount will be paid upon
project completion.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-41
REVISIONS OF SECTION 625
CONSTRUCTION SURVEYING
Subsection 625.06 shall include the following:
The Contractor shall be responsible for construction staking necessary for proper and accurate completion of the
work covered by this contract. The Contractor shall provide experience instrument personnel, competent
assistants, and such instruments, tools, stakes, and other materials required to complete the survey, layout, and
measurment work. Survey work shall be performed under the direction of a licensed professional surveyor in the
State of Colorado. In addition, the Contractor shall furnish, without charge, competent personnel and such tools,
stakes, and other materials as the Engineer may require in checking survey, layout, and measurement work
performed by the Contractor.
All work shall be performed to the lines, grades, and elevations shown on the plans. When construction falls
within the following areas, corresponding tolerances are required. The installation will be acceptable to the
Owner when those tolerances are met, with respect to the lines and grades. If the tolerances are not met, the
Contractor shall be responsible for performing OWNER approved modifications to the facilities to bring the
project components into tolerances.
Description Maximum Deviation from Plan Elevation
Horizontal location of concrete trail +/- 0.10 feet*
Horizontal location of all walls & components +/- 0.10 feet
Vertical elevation of concrete trail finished grade 0.00 feet to (-0.05 feet)
Vertical elevation of all walls & components 0.00 feet to (-0.05 feet)
Vertical elevation of other trail cross-section grading 0.00 feet to (-0.05 feet)
Vertical elevation of site grading and catch slopes +/-0.10 feet
*Unless trail is field relocated by the Engineer
The Contractor shall remove and reconstruct work that is improperly located. Horizontal and vertical alignments
shall be checked regularly as the work progresses. The Contractor shall report results to the Engineer.
If the construction survey uncovers any discrepancies, the Contractor shall notify the Engineer, in writing, prior to
construction proceeding. If the Contractor proceeds with work that includes apparent discrepancies without
resolution by the Engineer, the Contractor assumes full responsibility for any subsequent necessary modifications.
Prior to final acceptance of the work, the Contractor must provide a stamped as-built survey, per the contract, for
approved verification. The as-builts must be stamped by a licensed professional surveyor in the State of
Colorado. Prior to execution of the as-built survey, the Engineer will provide the Contractor with the horizontal
location of critical cross sections that will need to be surveyed and meet all vertical tolerances prior to final
acceptance. The surveyed shots along these cross sections shall be included as part of the final as-built survey
and shall be to a frequency such that the professional land surveyor can certify that the vertical tolerances have
been satisified. Certified as-built information is required for compliance with the City of Fort Collins Flood Plain
Use Permit and for FEMA approval of the project LOMR.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-42
REVISIONS OF SECTION 625
CONSTRUCTION SURVEYING
The Contractor shall submit a schedule of values for all surveying to be performed in accordance with the
Drawings and Specifications prior to the preconstruction conference.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-43
REVISIONS OF SECTION 626
MOBILIZATION
Section 626.01 shall include the following:
This work shall include the establishment of an on site sanitary facility.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-44
REVISION OF SECTION 628
BRIDGE GIRDER AND DECK UNIT
Section 628 is hereby added to the Standard Specifications for this project as follows:
DESCRIPTION
628.01 This work consists of the design, fabrication, and erection of a simple span, welded self weathering steel,
truss pedestrian bridge with a concrete deck between Pier 2 and Abutment 3 in accordance with the specifications
and plan details.
Potential bridge suppliers are:
1. Contech Engineered Solutions
5670 Greenwood Plaza Blvd, Suite 530
Greenwood Village, Colorado 80111
1-720-587-2700, FAX 720-587-2650
3. Excel Bridge Manufacturing Company
12001 Shoemaker Avenue
Santa Fe Springs, California 90670
562-944-0701, FAX 562-944-4025
4. Big R Manufacturing LLC
P.O. Box 1290
Greeley, Colorado 80632-1290
1-800-234-0734, FAX 1-970-356-9621
5. Wheeler Lumber, LLC
9330 James Avenue South
Bloomington, Minnesota 55431-2317
1-800-328-3986, FAX 952-929-2909
MATERIALS
628.02 Structural Steel. All structural steel shall be new (unused) material. The Contractor shall provide the
City of Fort Collins with copies of all certified mill test reports for all structural steel and bolts. Floor beams,
stringers, and members of each Half-through truss (upper and lower chords, diagonals, end posts and vertical
posts) utilized in the bridges shall meet a longitudinal Charpy V-notch (CVN) value of 25 ft. lbs. at 40 degrees
Fahrenheit. Testing shall be in accordance with AASHTO T 243 (ASTM A 673). The H frequency of heat testing
shall be used. The Contractor shall provide the City of Fort Collins with certified copies of all CVN test reports.
All square and rectangular structural steel tubing shall conform to the requirements of ASTM A 847, Cold-
Formed Welded and Seamless High Strength, Low Alloy Structural Tubing With Improved Atmospheric
Corrosion Resistance.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-45
REVISION OF SECTION 628
BRIDGE GIRDER AND DECK UNIT
All structural steel shapes and plates shall conform to the requirements of ASTM A 588, High-Strength Low-
Alloy Structural Steel.
All anchor bolts and nuts shall conform to the requirements of ASTM A 307, Grade A, Carbon Steel Bolts and
Studs, and shall be galvanized in accordance with the requirements of ASTM A 153. Each anchor bolt shall be
provided with two nuts for jamming.
All structural steel field connections shall be bolted with high strength bolts. High strength bolts, including
suitable nuts and plain hardened washers, shall conform to the requirements of ASTM A 325. Bolts shall be Type
3.
CONSTRUCTION REQUIREMENTS
628.04 Design. The AASHTO Guide Specifications for Design of Pedestrian Bridges and Division I (design) of
the AASHTO Standard Specifications for Bridges shall govern the design.
The superstructure of the pedestrian bridge shall consist of two parallel Half-through trusses, or Pony trusses, with
at least one diagonal per panel. The trusses shall be the main load-carrying members of the bridge.
The members of each Half-through truss, or Pony truss, (upper and lower chords, diagonals, end posts, and
vertical posts) shall be fabricated from square and rectangular structural steel tubing.
Floor beams and stringers shall be fabricated from structural steel shapes or square and rectangular structural steel
tubing.
The structure shall conform to the clear span, clear width, and railing requirements shown on the plans.
Each pedestrian bridge shall be designed for the following loads and loading conditions:
1. Dead load shall be as defined in Section 3.3 of the AASHTO Standard Specifications.
2. Live load shall be as defined in the AASHTO Guide Specifications. Distribution to the stringer
and floor beams shall be in accordance with Section 3 of the AASHTO Standard Specifications.
Deflection and vibration limits as per the AASHTO Guide Specifications shall apply.
Pedestrian live load shall be as defined by the AASHTO Guide Specifications, and used in load
group I of the AASHTO Standard Specifications, Section 3.
Vehicle live load shall be as defined by the AASHTO Guide Specifications and as shown on the
construction drawings, and used in load group IB of the AASHTO Standard Specifications,
Section 3. The vehicle live load shall be the H-5 Vehicle. This is a 5 ton, two-axle, vehicle with
14’-0” axle spacing. The axle loads are 1 ton on the front axle and 4 tons on the rear axle.
3. Wind load shall be as defined by the AASHTO Guide Specifications, and used in load group V of
the Standard Specifications, Section 3.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-46
REVISION OF SECTION 628
BRIDGE GIRDER AND DECK UNIT
Allowable loads in the structural steel members and weld metal shall be in accordance with Section 10 of the
AASHTO Standard Specifications.
Minimum thickness of structural steel shall be 3/16 of an inch.
½ inch diameter weep holes shall be drilled (flame cut holes will not be allowed) at all low points of all steel
tubing members as oriented in the in-place, completed structure. In members that are level, or flat, a total of two
weep holes shall be drilled, one at each end. Weep holes and their locations shall be shown on the Shop
Drawings.
Allowable stresses for timber decking, when required on the plans, shall be in accordance with Section 13 of the
AASHTO Standard Specifications.
All metallic fasteners utilized in attaching timber to structural steel shall be galvanized.
All welded tubular connections shall be designed in accordance with Section 2, Parts A and D (Delete Subsection
2.36.6), of the Structural Welding Code-Steel ANSI/AWS/D1.1 (Latest Edition).
Concrete and reinforcing steel, when used for the deck, shall conform to Sections 601 and 602, respectively.
The Contractor shall submit four sets of Design Calculations and Shop Fabrication Details (Shop Drawings) to the
City of Fort Collins for each pedestrian bridge separately. This submittal shall be in accordance with Subsection
105.02. The Design Calculations and Shop Drawings shall contain the endorsement seal of the Professional
Engineer registered in the State of Colorado responsible for the design.
628.05 Shop Fabrication. Welding and fabrication of weathering steel pedestrian bridges shall conform to the
requirements of the Structural Welding Code-Steel ANSI/AWS D1.1 (Latest Edition) as amended by the
following:
1. As required in Subsection 4.7.3, a welding procedure shall be established by qualification in
accordance with the requirements of Subsection 3.3 for the ASTM A 847 material used on the
bridge. The results of the Procedure Qualification shall be recorded on Form E-1 in Annex E of
AWS D 1.1.
2. The Contractor shall submit a Quality Control Plan. The Plan shall include personnel
qualifications, certifications, and a Written Practice in accordance with ASNT SNT-TC-1A.
3. The quality of all welds shall be in accordance with Section 6, Table 6.1. In Table 6.1, Undercut
7(B), the criteria for primary members shall apply to the bottom chord members.
4. All Complete Joint Penetration Groove Welds in butt joints in the bottom chord members shall be
100% Magnetic Particle tested in accordance with ASTM E 709. Acceptance shall be determined
in accordance with Section 6.10 and Table 6.1, using Alternating Current. In addition, complete
joint penetration groove butt welds welded from one side without backing of bottom chord
members shall be examined by ultrasonic testing in accordance with Section 6.11.1.
5. Magnetic Particle Testing shall be performed on 100% of all attachment welds to the bottom
chord, using Alternating Current, in accordance with Section 6.10 and Table 6.1.
6. All Procedure Qualification Records and Welder Qualification Test Records shall be current
within three years of the date of beginning fabrication.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-47
REVISION OF SECTION 628
BRIDGE GIRDER AND DECK UNIT
All weathering steel shall be blast cleaned, Steel Structures Painting Council Surface Preparation No. 6 (SSPC-
SP6, Commercial Blast Cleaning), to remove mill scale and foreign material which would prohibit rusting to a
uniform color.
628.06 Field Construction. The substructure shall be constructed in accordance with the details shown in the
plans and the pedestrian bridge shop drawings. Before construction begins on the substructure, the Contractor
shall determine the anchor bolt requirements and substructure dimensions needed to properly erect the structure
which will be provided. The City of Fort Collins shall be provided with two copies of detail sheets delineating
these requirements before work begins.
METHOD OF MEASUREMENT
628.07 Pedestrian bridge will be measured by the complete Bridge Girder and Deck Unit installed and accepted.
BASIS OF PAYMENT
628.08 The accepted quantity shall be paid for at the contract unit price for the pay unit listed below. Payment
will be made under:
PAY ITEM PAY UNIT
Bridge Girder and Deck Unit EACH
Payment shall be full compensation for all work necessary to complete the item, which shall include design,
fabrication, transportation to the bridge site, and erection. The substructure shall be measured and paid for
separately, anchor bolts shall be included in Item 628. Payment will not be made for this item until all required
documentation has been submitted to the City of Fort Collins.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-48
REVISION OF SECTION 630
TRAFFIC CONTROL
Section 630 of the Standard Specifications is hereby revised for this project as follows:
Subsection 630.01 shall include the following:
All devices, signs, flagging and labor necessary for traffic control shall be included in the lump sum line item
“Traffic Control”.
Subsection 630.10(a) shall include the following:
The contractor shall create a method of handling traffic (MHT) which shall be submitted for approval by the City
of Fort Collins Traffic Operations Department. The submittal shall be made at least two weeks before
implementation of any element of the plan. Adjustments necessary as a result of a deficiency in the
CONTRACTOR’S proposed MHT will not be paid for but shall be provided at the CONTRACTOR’S expense,
unless otherwise approved for payment by the Engineer.
The components of the TCP for this project are include access for concrete trucks and cranes as well as traffic
control
BASIS OF PAYMENT
Subsection 630.16 shall be revised as follows:
The Contractor shall supply and pay all costs associated with the traffic control for this project.
PAY ITEM PAY UNIT
Traffic Control Lump Sum
Individual traffic control devices, labor required to erect and maintain traffic control in accordance with the
approved MHT’s, Traffic Control Supervisor, Traffic Control Management, and Traffic Control Inspection will
not be measured and paid for separately, but shall be included in the Traffic Control lump sum.
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-49
UTILITIES
The following Utilities are known to be within the project limits:
Utility/Agency Contact Person Phone Number
Xcel Energy (electricity) Doug Dalton (970) 395-1229
Platte River Power Authority Mike Dahl (970) 229-5303
COFC Water & Sewer Roger Buffington (970) 221-6854
COFC Stormwater Glen Schlueter (970) 224-6065
Comcast Communications Dennis Greenwalt (970) 484-7166
Century Link Terry Speer (970) 490-7500
The work described in these plans and specifications will require full coordination between the Contractor and the
Utility Companies, in accordance with Subsection 105.06 and while performing their respective operations, so the
utility work can be completed with minimum delays to all parties concerned. In accordance with the plans and
specifications, and as directed by the Engineer, the Contractor shall keep the utility company(s) advised of any
work being done to their facility, so that the utility company(s) can coordinate their inspections for final
acceptance of the work with the Engineer.
The Contractor shall be responsible for protecting, supporting, and if necessary, shoring existing utilities while
constructing the trail, pedestrian bridge, and associated work. The Contractor shall submit to the City and the
individual utility companies’ plans of how the utility lines will be supported and protected during construction.
NOTE: The Contractor shall be required to provide written notice to each utility company, with a copy to the
City, immediately prior to any utility work expected to be coordinated with construction.
The following utility work shall be performed by the Contractor:
Storm sewer system modifications
FEDERAL AID PROJECT NO. STE M455-105
CONSTRUCTION PROJECT CODE NO. 18399
SP-50
FORCE ACCOUNT ITEMS
DESCRIPTION
This special provision contains the City’s estimate for force account items included in the Contract. The
estimated amounts marked with an asterisk will be added to the total bid to determine the amount of the
performance and payment bonds. Force Account work shall be performed as directed by the Engineer.
BASIS OF PAYMENT
Payment will be made in accordance with subsection 109.04. Payment will constitute full compensation for all
work necessary to complete the item.
Force account work valued at $5,000 or less, that must be performed by a licensed journeyman in order to comply
with federal, state, or local codes, may be paid for after receipt of an itemized statement endorsed by the
Contractor.
Force Account Item Estimated Quantity Amount
F/A Minor Contract Revision F.A. $80,000
F/A Erosion Control F.A. $10,000
F/A On the Job Training F.A. $0
May 5, 2011
1
REVISION OF SECTION 103
ESCROW OF PROPOSAL DOCUMENTATION
Section 103 of the Standard Specifications is hereby revised for this project as follows:
Add subsection 103.05 as follows:
103.05 Escrow of Proposal Documentation (EPD). The successful bidder, and subcontractors with
subcontracts exceeding $200,000, shall submit all information and calculations used to determine their bid for this
project prior to executing the Contract. This documentation hereinafter referred to as "Escrow of Proposal
Documentation" or "EPD", will be held in escrow for the duration of the Contract. If necessary, it will be used for
the purpose of determining the Contractor's proposal concept, for price adjustments as provided in the Contract,
or to resolve any dispute or claim by the Contractor.
(a) Format. Bidders and subcontractors are encouraged to submit the EPD in their usual cost-estimating format;
a standard format is not required. It is not the intention of this specification to cause extra work during the
preparation of a proposal, but to ensure that the documentation will be adequate to enable complete
understanding and proper interpretation for the intended use.
The EPD shall clearly itemize the costs for each pay item. Each pay item shall be broken down into
components small enough to allow a detailed cost estimate. Costs allocated to each component shall be
broken down into the bidder's usual estimate categories such as direct labor, repair labor, equipment parts
and supplies, expendable materials, permanent materials, and subcontractor cost as appropriate. Plant and
equipment and indirect cost shall be broken down in the bidder’s usual format. Plant and equipment and
indirect cost allocations shall be made to each bid item as appropriate. All costs shall be identified.
The EPD shall include quantity takeoffs, construction schedule on which the bid is based, rates of production
and progress, calculations, copies and quotes from subcontractors and suppliers, memoranda, narratives,
and all other information used by the bidder to arrive at all of the prices contained in the proposal. Manuals
standard to the industry that are used by the Contractor may be included by reference to the name, date, and
publisher of the manual.
(b) Submittal. The EPD shall be submitted to the Engineer in a sealed container, prior to executing the Contract,
and shall be clearly marked with the bidder's name, date of submittal, project number, and "Escrow of
Proposal Documentation." The EPD shall be accompanied with an affidavit, in the form following this
subsection, signed by an individual authorized by the bidder to execute the proposal, stating that the material
in the EPD contains all of the information which was used to develop the bid, that the individual has
personally examined the contents of the EPD container, and the documentation is correct and complete.
Failure to submit EPDs as herein required will be cause for rejection of the proposal.
The successful bidder agrees, as a condition of award of the Contract, that the EPD constitutes all the
assumptions and information used in the preparation of its proposal, and that no other proposal preparation
information shall be considered in evaluating disputes or claims.
(c) Storage. The EPDs are, and shall remain, the property of the Contractor or subcontractors who prepared
them and they are subject to use as provided herein. The EPDs shall be placed in escrow during the life of
the Contract, in a banking institution or other bonded document storage facility suggested by the Engineer
and acceptable to the Contractor. The cost of storage shall be paid by the Contractor.
(d) Examination. The EPDs may be examined at any time deemed necessary by the Engineer or the Contractor,
in conjunction with settling disputes, claims, or contract modification orders. When the Engineer or Contractor
determine that it will be necessary to review an EPD, the EPD shall be reviewed by the Engineer and either
the prime Contractor or the subcontractor that submitted the EPD. If the prime Contractor and the
subcontractor agree, in writing, the prime Contractor may be present when the subcontractor's EPD is
reviewed. Examination of the EPD is subject to the following conditions:
(1) The EPDs are proprietary and confidential and shall be treated as such.
(2) The Engineer and the Contractor shall each designate three representatives who are authorized to
examine the EPDs. In addition, the Contractor shall designate one additional representative for every
EPD submitted by subcontractors.
(3) Each party shall designate a representative to receive notice of examination of the EPD.
(4) Prior to examining the EPD 24 hours written notice shall be given to the other party, so that the
examination can be witnessed by the other party. The notice shall include a list of the bid items or areas
of work that will be examined.
(5) An authorized representative of the Engineer and the Contractor shall be present (1) to gain access to the
EPD, and (2) during all examinations of the EPD. At no time will the EPD be allowed sole possession by
either party.
(6) Following each examination, the EPD will be resealed and returned to the escrow institution, in the
presence of an authorized representative of the Engineer and the Contractor.
(e) Subcontracting. If the successful bidder's proposal is based upon subcontracting any part of the work, the
successful bidder shall then require each subcontractor whose total subcontract price exceeds $200,000 to
provide a separate EPD to the Engineer, to be submitted at the same time as the bidder's EPD. The EPDs
shall comply with the requirements of this subsection. A separate EPD affidavit, signed by the individual
subcontractor, shall accompany the subcontractor's EPD.
If the Contractor wishes to subcontract any portion of the work after executing the Contract, or change
subcontractors, the Engineer retains the right to require the subcontractor to submit an EPD in accordance
with this subsection before the subcontract is approved.
(f) Return. The EPDs will be returned to the Contractor and subcontractors after all claims, disputes, and
litigation have been resolved, final payment on the Contract has been made and accepted, and the Contractor
submits a signed statement that no further claims shall be submitted on any project to which the EPDs are
applicable.
ESCROW OF PROPOSAL DOCUMENTATION AFFIDAVIT
THE UNDERSIGNED HEREBY CERTIFIES THAT THE ESCROW OF
PROPOSAL DOCUMENTATION CONTAINED HEREIN CONTAINS ALL OF
THE INFORMATION WHICH WAS USED TO DEVELOP THE PROPOSAL
AND THAT I HAVE PERSONALLY EXAMINED THESE CONTENTS AND
THAT THE DOCUMENTATION IS CORRECT AND COMPLETE IN
ACCORDANCE WITH SUBSECTION 103.05. SUBMITTAL BY THE
CONTRACTOR OF A CLAIM WHICH IS NOT CONSISTENT WITH THE
CONTENTS OF THESE PROPOSAL PREPARATION DOCUMENTS SHALL
RESULT IN DENIAL OF THE CLAIM.
By:
Title:
Firm:
Date of Submission:
Project Number:
January 30, 2014
3
REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
Section 105 of the Standard Specifications is hereby revised for this project as follows:
Delete subsections 105.22, 105.23 and 105.24 and replace with the following:
105.22 Dispute Resolution. Subsections 105.22, 105.23, and 105.24 detail the process through which the
parties (CDOT and the Contractor) agree to resolve any issue that may result in a dispute. The intent of the
process is to resolve issues early, efficiently, and as close to the project level as possible. Figure 105-1 in the
standard special provisions outlines the process. Specified time frames may be extended by mutual agreement
of the Engineer and the Contractor. In these subsections, when a time frame ends on a Saturday, Sunday or
holiday, the time frame shall be extended to the next scheduled work day.
A dispute is a disagreement concerning contract price, time, interpretation of the Contract, or all three between
the parties at the project level regarding or relating to the Contract. Disputes include, but are not limited to, any
disagreement resulting from a delay, a change order, another written order, or an oral order from the Project
Engineer, including any direction, instruction, interpretation, or determination by the Project Engineer,
interpretations of the Contract provisions, plans, or specifications or the existence of alleged differing site
conditions.
The term "merit" refers to the right of a party to recover on a claim or dispute, irrespective of quantum, based on
the substance, elements, and grounds of that claim or dispute. The term "quantum" refers to the quantity or
amount of compensation or time deserved when a claim or dispute is found to have merit.
Disputes from subcontractors, material suppliers, or any other entity not party to the Contract shall be submitted
through the Contractor. Review of a pass-through dispute does not create privity of Contract between CDOT and
the subcontractor.
If CDOT does not respond within the specified timelines, the Contractor may advance the dispute to the next
level.
When the Project Engineer is a Consultant Project Engineer, actions, decisions, and determinations specified
herein as made by the Project Engineer shall be made by the Resident Engineer.
The dispute resolution process set forth in this subsection shall be exhausted in its entirety prior to initiation of
litigation or arbitration. Failure to comply with the requirements set forth in this subsection shall bar either party
from any further administrative, equitable, or legal remedy. If a deadline is missed that does not prejudice either
party, further relief shall be allowed.
All disputes and claims shall be submitted within 30 days of the date of the certified letter submitting the CDOT
Form 96, Contractor Acceptance of Final Estimate, to the Contractor. Failure to submit a dispute or claim within
this time period releases the State of Colorado from all disputes and claims for which notice has not already been
submitted in accordance with the Contract.
All disputes and claims seeking damages calculated on a Total Cost or Modified Total Cost basis will not be
considered unless the party asserting such damages establishes all the legal requirements therefore, which
include:
(1) The nature of the particular losses makes it impossible or highly impractical to determine them with a
reasonable degree of accuracy.
(2) The Contractor’s bid or estimate was realistic.
(3) The Contractor’s actual costs were reasonable.
(4) The Contractor was not responsible for the cost overrun.
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, 108.08(a), and 108.08(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.
(c) Project Engineer Review. Within 15 days after receipt of the REA, the Project Engineer will meet with the
Contractor to discuss the merits of the dispute. Within seven days after this meeting, the Project Engineer will
issue a written decision on the merits of the dispute.
The Project Engineer will either deny the merits of the dispute or notify the Contractor that the dispute has
merit. This determination will include a summary of the relevant facts, Contract provisions supporting the
determination, and an evaluation of all scheduling issues that may be involved.
If the dispute is determined to have merit, the Contractor and the Project Engineer will determine the
adjustment in payment, schedule, or both within 30 days. When a satisfactory adjustment is determined, it
shall be implemented in accordance with subsections 106.05, 108.08, 109.04, 109.05 or 109.10 and the
dispute is resolved.
If the Contractor accepts the Project Engineer's denial of the merits of the dispute, the dispute is resolved and
no further action will be taken. If the Contractor does not respond in seven days, it will be assumed he has
accepted the denial. If the Contractor rejects the Project Engineer's denial of the merits of the dispute or a
satisfactory adjustment of payment or schedule cannot be agreed upon within 30 days, the Contractor may
further pursue resolution of the dispute by providing written notice to the Resident Engineer within seven
days, according to subsection 105.22(d).
(d) Resident Engineer Review. Within seven days after receipt of the Contractor's written notice to the Resident
Engineer of unsatisfactory resolution of the dispute, the Project Engineer and Resident Engineer will meet
with the Contractor to discuss the dispute. Meetings shall continue weekly for a period of up to 30 days and
shall include a Contractor's representative with decision authority above the project level.
If these meetings result in resolution of the dispute, the resolution will be implemented in accordance with
subsections 108.08, 109.04, 109.05, or 109.10 and the dispute is resolved.
If these meetings do not result in a resolution or the participants mutually agree that they have reached an
impasse, the dispute shall be presented to the Dispute Review Board in accordance with subsection 105.23.
105.23 Dispute Review Board. A Dispute Review Board (DRB) is an independent third party that will provide
specialized expertise in technical areas and administration of construction contracts. The DRB will assist in and
facilitate the timely and equitable resolution of disputes between CDOT and the Contractor in an effort to avoid
animosity and construction delays, and to resolve disputes as close to the project level as possible. The DRB
shall be established and operate as provided herein and shall serve as an independent and impartial board.
There are two types of DRBs: the "On Demand DRB" and the "Standing DRB". The DRB shall be an "On
Demand DRB" unless a "Standing DRB" is specified in the Contract. An On Demand DRB shall be established
only when the Project Engineer initiates a DRB review in accordance with subsection 105.23(a). A Standing
DRB, when specified in the Contract, shall be established at the beginning of the project.
(a) Initiation of Dispute Review Board Review. When a dispute has not been resolved in accordance with
subsection 105.22, the Project Engineer will initiate the DRB review process within 5 days after the period
described in subsection 105.22(d).
(b) Formation of Dispute Review Board. DRBs will be established in accordance with the following procedures:
1. CDOT, in conjunction with the Colorado Contractors Association, will maintain a statewide list of
suggested DRB candidates experienced in construction processes and the interpretation of contract
documents and the resolution of construction disputes. The Board members shall be experienced in
highway and transportation projects. After December 31, 2013 only individuals who have completed
training (currently titled DRB Administration & Practice Training) through the Dispute Resolution Board
Foundation or otherwise approved by CDOT can be a DRB member. When a DRB is formed, the parties
shall execute the agreement set forth in subsection 105.23(l).
2. If the dispute has a value of $250,000 or less, the On Demand DRB shall have one member. The
Contractor and CDOT shall select the DRB member and execute the agreement within 30 days of
initiating the DRB process. If the parties do not agree on the DRB member, each shall select five
candidates. Each party shall numerically rank their list using a scale of one to five with one being their
first choice and five being their last choice. If common candidates are listed, but the parties cannot
agree, that common candidate with the lowest combined numerical ranking shall be selected. If there is
no common candidate, the lists shall be combined and each party shall eliminate three candidates from
the list. Each party shall then numerically rank the remaining candidates, with No. 1 being the first
choice. The candidate with the lowest combined numerical ranking shall be the DRB member. The
CDOT Project Engineer will be responsible for having all parties execute the agreement.
3. If the dispute has a value over $250,000, the On Demand DRB shall have three members. The
Contractor and CDOT shall each select a member and those two members shall select a third. Once the
third member is approved the three members will nominate one of them to be the Chair and execute the
agreement within 45 days of initiating the DRB process.
4. The Standing DRB shall always have three members. The Contractor and CDOT shall each select a
member and those two members shall select a third member. Once the third member is approved the
three members will nominate one of them to be the Chair.. The Contractor and CDOT shall submit their
proposed Standing DRB members within 5 days of execution of the Contract. The third member shall be
selected within 15 days of execution of the Contract. Prior to construction starting the parties shall
execute the Three Party Agreement. The CDOT Project Engineer will be responsible for having all
parties execute the agreement. The Project Engineer will invite the Standing DRB members to the
Preconstruction and any Partnering conferences.
5. DRB members shall not have been involved in the administration of the project under consideration. DRB
candidates shall disclose to the parties the following relationships:
(1) Prior employment with either party
(2) Prior or current financial interests or ties to either party
(3) Prior or current professional relationships with either party
(4) Anything else that might bring into question the impartiality or independence of the DRB member
(5) Prior to agreeing to serve on a DRB, members shall notify all parties of any other CDOT DRB’s they
are serving or that they will be participating in another DRB.
If either party objects to the selection of a potential DRB member based on the disclosures of the
potential member, that potential member shall not be placed on the Board.
6. There shall be no ex parte communications with the DRB at any time.
7. The service of a Board member may be terminated only by written agreement of both parties.
8. If a Board member resigns, is unable to serve, or is terminated, a new Board member shall be selected
within four weeks in the same manner as the Board me member who was removed was originally
selected.
(c) Additional Responsibilities of the Standing Disputes Review Board
1. General. Within 120 days after the establishment of the Board, the Board shall meet at a mutually
agreeable location to:
(1) Obtain copies of the Contract documents and Contractor's schedules for each of the Board members.
(2) Agree on the location of future meetings, which shall be reasonably close to the project site.
(3) Establish an address and telephone number for each Board member for the purposes of Board
business.
2. Regular meetings. Regular meetings of the Board shall be held approximately every 120 to 180 days
throughout the life of the Contract, except that this schedule may be modified to suit developments on the
job as the work progresses. Regular meetings shall be attended by representatives of the Contractor and
the Department.
3. The Board shall establish an agenda for each meeting which will cover all items that the Board considers
necessary to keep it abreast of the project such as construction status, schedule, potential problems and
solutions, status of past claims and disputes, and potential claims and disputes. Copies of each agenda
shall be submitted to the Contractor and the Department at least seven days before the meeting date.
Oral or written presentations or both shall be made by the Contractor and the Department as necessary
to give the Board all the data the Board requires to perform its functions. The Board will prepare minutes
of each meeting, circulate them to all participants for comments and approval, and issue revised minutes
before the next meeting. As a part of each regular meeting, a field inspection trip of all active segments of
the work at the project site may be made by the Board, the Contractor, and the Department.
4. Advisory Opinions
(1) Advisory opinions are typically used soon after the parties find they have a potential dispute and have
conducted preliminary negotiations but before expenditure of additional resources and hardening their
positions. Advisory opinions provide quick insight into the DRB’s likely assessment of the dispute.
This process is quick and may be entirely oral and does not prejudice the opportunity for a DRB
hearing.
(2) Both parties must agree to seek an advisory opinion and so notify the chairperson. The procedure for
requesting and issuing advisory opinions should be discussed with the DRB at the first meeting with
the parties.
(3) The DRB may or may not issue a written opinion, but if a written advisory opinion is issued, it must
be at the specific request of both parties.
(4) The opinion is only advisory and does not require an acceptance or rejection by either party. If the
dispute is not resolved and a hearing is held, the oral presentations and advisory opinion are
completely disregarded and the DRB hearing procedure is followed.
(5) Advisory opinions should be limited to merit issues only.
(d) Arranging a Dispute Review Board Hearing. When the Project Engineer initiates the DRB review process, the
Project Engineer will:
1. Contact the Contractor and the DRB to coordinate an acceptable hearing date and time. The hearing
shall be held at the Resident Engineer’s office unless an alternative location is agreed to by both parties.
Unless otherwise agreed to by both parties the DRB hearing will be held within 30 days after the DRB
agreement is signed by the CDOT Chief Engineer.
2. Ensure DRB members have copies of all documents previously prepared by the Contractor and CDOT
pertaining to the dispute, the DRB request, the Contract documents, and the special provisions at least
two weeks before the hearing.
(e) Pre-Hearing Submittal: At least fifteen days prior to the hearing, CDOT and the Contractor shall submit by e-
mail to the DRB Chairperson their parties pre-hearing position paper. The DRB Chairperson shall
simultaneously distribute by e-mail the pre-hearing position papers to all parties and other DRB members, if
any. At the same time, each party shall submit a copy of all its supporting documents to be used at the
hearing to all DRB Members and the other party unless the parties have agreed to a common set of
documents as discussed in #2 below. In this case, CDOT shall submit the common set of documents to the
Board and the Contractor. The pre-hearing position paper shall contain the following:
1. A joint statement of the dispute, and the scope of the desired decision. The joint statement shall
summarize in a few sentences the nature of the dispute. If the parties are unable to agree on the wording
of the joint statement, each party’s position paper shall contain both statements, and identify the party
authoring each statement. The parties shall agree upon a joint statement at least 20 days prior to the
hearing and submit it to the DRB or each party’s independent statement shall be submitted to the DRB
and the other party at least 20 days prior to the hearing.
2. The basis and justification for the party’s position, with reference to specific contract language and other
supporting documents for each element of the dispute. To minimize duplication and repetitiveness, the
parties may identify a common set of documents that will be referred to by both parties and submit them
in a separate package to the DRB. The engineer will provide a hard copy of the project plans and Project
and Standard Special Provisions, if necessary, to the DRB. Other standard CDOT documents such as
Standard Specifications and M&S Standards are available on the CDOT website.
(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
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.
(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
meetings per day, shall not be paid more than the all inclusive rate per day or rate per hour for an
individual project.
3. Payments to Board Members and General Administrative Costs. Each Board member shall submit an
invoice to the Contractor for fees and applicable expenses incurred each month following a month in
which the Board members participated in Board functions. Such invoices shall be in the format
established by the Contractor and the Department. The Contractor shall submit to the Department copies
of all invoices. No markups by the Contractor will be allowed on any DRB costs. The Department will
split the cost by authorizing 50 percent payment on the next progress payment. The Contractor shall
make all payments in full to Board members within seven calendar days after receiving payment from the
Department for this work.
(l) Dispute Review Board Three Party Agreement.
DISPUTE REVIEW BOARD
THREE PARTY AGREEMENT
COLORADO PROJECT NO.
THIS THREE PARTY AGREEMENT, made as of the date signed by the Chief Engineer below, by and between:
the Colorado Department of Transportation, hereinafter called the “Department”; and
,
hereinafter called the “Contractor”; and
,
,
,
and
,
hereinafter called the “Dispute Review Board” or “Board”.
WHEREAS, the Department is now engaged in the construction of the
[Project Name]
and
WHEREAS, the Contract provides for the establishment of a Board in accordance with subsections 105.22 and
105.23 of the specifications.
NOW, THEREFORE, it is hereby agreed:
ARTICLE I
DESCRIPTION OF WORK AND SERVICES
The Department and the Contractor shall form a Board in accordance with this agreement and the provisions of
subsection 105.23.
ARTICLE II
COMMITMENT ON PART OF THE PARTIES HERETO
The parties hereto shall faithfully fulfill the requirements of subsection 105.23 and the requirements of this
agreement.
ARTICLE III
COMPENSATION
The parties shall share equally in the cost of the Board, including general administrative costs (meeting space and
facilities, secretarial services, telephone, mail, reproduction, filing) and the member’s individual fees.
Reimbursement of the Contractor’s share of the Board expenses for any reason is prohibited.
The Contractor shall make all payments in full to Board members. The Contractor will submit to the Department
an itemized statement for all such payments, and the Department will split the cost by including 50 percent
payment on the next progress payment. The Contractor and the Department will agree to accept invoiced costs
prior to payment by the Contractor.
DISPUTE REVIEW BOARD
THREE PARTY AGREEMENT PAGE 2
COLORADO PROJECT NO.
Board members shall keep all fee records pertaining to this agreement available for inspection by representatives
of the Department and the Contractor for a period of three years after the termination of the Board members’
services.
Payment to each Board member shall be at the fee rates established in subsection 105.23 and agreed to by each
Board member, the Contractor, and the Department. In addition, reimbursement will be made for applicable
expenses.
Each Board member shall submit an invoice to the Contractor for fees incurred each month following a month in
which the members participated in Board functions. Such invoices shall be in the format established by the
Contractor and the Department.
Payments shall be made to each Board member within 60 days after the Contractor and Department have
received all the applicable billing data and verified the data submitted by that member. The Contractor shall make
payment to the Board member within seven calendar days of receipt of payment from the Department.
ARTICLE IV
ASSIGNMENT
Board members shall not assign any of the work to be performed by them under this agreement. Board members
shall disclose any conflicts of interest including but not limited to any dealings with the either party in the previous
five years other than serving as a Board member under other contracts.
ARTICLE V
COMMENCEMENT AND TERMINATION OF SERVICES
The commencement of the services of the Board shall be in accordance with subsection 105.23 of the
specifications and shall continue until all assigned disputes under the Contract which may require the Board’s
services have been heard and a Recommendation has been issued by the Board as specified in subsection
105.23. If a Board member is unable to fulfill his responsibilities for reasons specified in subsection 105.23(b)7, he
shall be replaced as provided therein, and the Board shall fulfill its responsibilities as though there had been no
change.
ARTICLE VI
LEGAL RELATIONS
The parties hereto mutually agree that each Board member in performance of his duties on the Board is acting as
an independent contractor and not as an employee of either the Department or the Contractor. Board members
will guard their independence and avoid any communication about the substance of the dispute without both
parties being present.
The Board members are absolved of any personal liability arising from the Recommendations of the Board. The
parties agree that members of the dispute review board panel are acting as mediators for purposes of C.R.S. §
13-22-302(4) and, as such, the liability of any dispute review board member shall be limited to willful and wanton
misconduct as provided for in C.R.S. § 13-22-305(6)
DISPUTE REVIEW BOARD
THREE PARTY AGREEMENT PAGE 3
COLORADO PROJECT NO.
IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed the day and year first
written above.
BOARD MEMBER: .
BY: .
BOARD MEMBER: .
BY: .
BOARD MEMBER: .
BY: .
CONTRACTOR: .
BY: .
TITLE:
COLORADO DEPARTMENT OF TRANSPORTATION
BY: Date: .
TITLE: CHIEF ENGINEER
105.24 Claims for Unresolved Disputes. The Contractor may file a claim only if the disputes resolution process
described in subsections 105.22 and 105.23 has been exhausted without resolution of the dispute. Other
methods of nonbinding dispute resolution, exclusive of arbitration and litigation, can be used if agreed to by both
parties.
This subsection applies to any unresolved dispute or set of disputes between CDOT and the Contractor with an
aggregate value of more than $15,000. Unresolved disputes with an aggregate value of more than $15,000 from
subcontractors, materials suppliers or any other entity not a party to the Contract shall be submitted through the
Contractor in accordance with this subsection as a pass-through claim. Review of a pass-through claim does not
create privity of Contract between CDOT and any other entity.
Subsections 105.22, 105.23 and 105.24 provide both contractual alternative dispute resolution processes and
constitute remedy-granting provisions pursuant to Colorado Revised Statutes which must be exhausted in their
entirety.
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
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
(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
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.
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.
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
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.
(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
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.
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
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
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;
(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
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
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
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:
(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
(a) Arbitrator(s) shall take such steps as they may deem necessary or desirable to avoid delay and to achieve a
just, speedy and cost-effective resolution of Large, Complex Construction Cases.
(b) Parties shall cooperate in the exchange of documents, exhibits and information within such party's control if
the arbitrator(s) consider such production to be consistent with the goal of achieving a just, speedy and cost
effective resolution of a Large, Complex Construction Case.
(c) The parties may conduct such discovery as may be agreed to by all the parties provided, however, that the
arbitrator(s) may place such limitations on the conduct of such discovery as the arbitrator(s) shall deem
appropriate. If the parties cannot agree on production of document and other information, the arbitrator(s),
consistent with the expedited nature of arbitration, may establish the extent of the discovery.
(d) At the discretion of the arbitrator(s), upon good cause shown and consistent with the expedited nature of
arbitration, the arbitrator(s) may order depositions of, or the propounding of interrogatories to such persons
who may possess information determined by the arbitrator(s) to be necessary to a determination of the
matter.
(e) The parties shall exchange copies of all exhibits they intend to submit at the hearing 10 business days prior to
the hearing unless the arbitrator(s) determine otherwise.
(f) The exchange of information pursuant to this rule, as agreed by the parties and/or directed by the arbitrator(s),
shall be included within the Scheduling and Procedure Order.
(g) The arbitrator is authorized to resolve any disputes concerning the exchange of information.
(h) Generally hearings will be scheduled on consecutive days or in blocks of consecutive days in order to
maximize efficiency and minimize costs.
The following flow chart provides a summary of the disputes and claims process described in subsections 105.22,
105.23, and 105.24
Contractor provides written notice of dispute to Project Engineer
Contractor provides written REA including the following:
(1) Date of dispute
(2) Nature of order and circumstances causing dispute
(3) Contract provisions supporting dispute
(4) Estimated cost of dispute with supporting documentation
(5) Analysis of progress schedule and disruption, if any
Adjustment of
payment/schedule in
consultation with
Program Engineer -
Dispute is resolved
Dispute is
unresolved
Proj Eng/Res Eng & Supt/PM & Contractor’s rep with decision authority above the
project level to meet regularly to discuss dispute
PE denies merit of dispute
DRB agreement signed
PE determines dispute has merit
DRB renders a recommendation
Either party rejects DRB recommendation DRB recommendation is accepted
Up to 30 days – 105.22 (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)
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.
July 31, 2014
REVISION OF SECTION 107
CONTRACTOR OBTAINED STORMWATER CONSTRUCTION PERMIT
Section 107 of the Standard Specifications is hereby revised for this project as follows:
Subsection 107.25 shall include the following:
(d) Contractor Obtained CDPS-SCP Stormwater Permit . This project is covered by a Colorado Discharge Permit
System Stormwater Construction Permit (CDPS-SCP). The Contractor shall apply for and obtain the permit
upon award of the Contract. The Contractor shall submit a copy of the CDPS-SCP to the Engineer prior to or
at the project Pre-construction Conference. If a Utility Company has pulled a permit for the area prior to the
Contractor being on site, then the Contractor shall coordinate with the Utility Company to transfer those areas
over to the Contractor prior to work commencing. The Contractor shall not commence construction until the
CDPS-SCP has been obtained from CDPHE and submitted to the Engineer. A copy of the Permit shall be
placed in the project SWMP notebook.
Prior to final acceptance, a project walk through shall be conducted in accordance with subsection 208.10 (c).
The walk through shall take place upon sufficient completion of the project, as determined by the Engineer.
Upon receipt of written final acceptance of the water quality work from the Engineer and written concurrence
from the Maintenance Superintendent, the Contractor shall transfer the CDPS-SCP to the CDOT
Maintenance Superintendent. The transfer forms will only be signed if the project is in an acceptable state as
determined by the Maintenance Superintendent and the CDOT Region Water Pollution Control Manager
(RWPCM). CDOT will submit the Application of Transfer of Ownership to the CDPHE. Under no
circumstances shall the Contractor inactivate the permit.
Until the transfer has been completed, the Contractor shall continue to adhere to all permit requirements.
Requirements shall include inspections, BMP installation, BMP maintenance and BMP repair, including
seeded areas. All documentation shall be submitted to the Engineer and placed in the SWMP notebook.
All costs associated with the Contractor applying for, holding, and transferring the CDPS-SCP permit between
parties will not be measured and paid for separately, but shall be included in the work in accordance with
subsection 107.02.
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.
July 31, 2014
REVISION OF SECTION 108
NOTICE TO PROCEED
Section 108 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 108.02 and replace with the following:
108.02 Notice to Proceed. The Contractor shall not commence work prior to the issuance of a Notice to
Proceed. The "Notice to Proceed" will stipulate the date on which contract time commences. When the Contractor
proceeds with work prior to that date, contract time will commence on the date work actually begins. The
Contractor shall commence work under the Contract on or prior to the 15th day following Contract execution or
the 30th day following the date of award, whichever comes later, or in accordance with the selected start date
allowed in the special provisions.
July 31, 2014
REVISION OF SECTION 108
PROJECT SCHEDULE
Section 108 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 108.03 and replace with the following:
108.03 Project Schedule.
(a) Definitions.
Activity. An activity is a project element on a schedule that affects completion of the project. An activity has a
description, start date, finish date, duration, and one or more logic ties.
Activity ID. A unique, alphanumeric, identification code assigned to an activity and remains constant
throughout the project.
Bar Chart. A simple depiction of a Project Schedule without relationships or supporting logic of the schedule.
Calendar. Defined work periods and no work periods that determine when project activities can occur.
Multiple calendars may be used for different activities; e.g., a 5-day work-week and a 7-day work-week
calendar.
Constraint. A restriction imposed in a schedule, which fixes a value that would otherwise be calculated within
the schedule. Examples of values that can be fixed by a constraint include start date, end date, and
completion date.
Critical Path. The sequence of activities that determines the duration of the project.
Critical Path Method Scheduling. (CPM Scheduling) is a logic-based planning technique using activity
durations and relationships between activities to calculate a schedule determining the minimum total project
duration.
Data Date. The starting point from which to schedule all remaining work.
Duration. The estimated amount of time needed to complete an activity.
Float. The amount of time between the earliest date an activity can start and the latest date when an activity
must start ,or the earliest date an activity can finish and latest date when an activity can finish before the
activity becomes critical. The time between the Project Schedule completion date and the Contract
completion date is not considered float.
Gantt Chart. A time-scaled graphical display of the project’s schedule.
Lag. A time-value assigned to a relationship.
Logic. Relationships between activities defining the sequence of work (See also predecessor activity and
successor activity).
Milestone. An activity, with no duration used to represent an event.
Open-Ended Activity. An activity that does not have both a predecessor activity and a successor activity.
Predecessor Activity. An activity that is defined by schedule logic to precede another activity.
Relationship. The interdependence between activities.
Salient Feature. An item of work that is of special interest for CDOT in coordinating the project schedule but
may not affect the overall completion of the project project.
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REVISION OF SECTION 108
PROJECT SCHEDULE
Successor Activity. An activity that is defined by schedule logic to follow another activity.
Time-Scaled Logic Diagram. Gantt chart that illustrates logic links depicting both schedule logic and the time
at which activities are performed.
(b) Project Schedule - General
The Contractor shall use either Microsoft Project or Primavera Scheduling software to develop and manage a
CPM Project Schedule to plan, schedule, and report the progress of the work. Prior to, or at the Pre-
construction Conference, the Contractor shall notify the Engineer in writing, which scheduling software the
Contractor shall use to manage the project. The Contractor’s selection and use of particular scheduling
software cannot be changed after the first schedule submittal. If the Contractor selects Primavera, the
Contractor shall calculate the schedule using the Retained Logic scheduling option. The Department will not
allow use of bar charts for the Project Schedule.
The Contractor shall submit schedules for approval by the Engineer. The purpose of these schedules is to
allow the Contractor and the Department to jointly manage the work and evaluate progress. The schedules
also serve to evaluate the affect of changes and delays to the scheduled project completion. Either party may
require a formal schedule review meeting.
The Contractor’s schedule shall consist of a time-scaled logic diagram and shall show the logical progression
of all activities required to complete the work.
The Contractor shall use activity descriptions that ensure the work is easily identifiable. The Contractor shall
show the no-work days in the schedule calendars.
The Contractor shall use durations for individual construction activities that do not exceed 15 calendar days
unless approved by the Engineer. The Contractor may group a series of activities with an aggregate duration
of five days or less into a single activity. Non-construction activities may have durations exceeding 15 working
days, as approved by the Engineer.
The Contractor may include summary bars in the schedule as long as the detailed activities to complete the
work are displayed.
The Contractor shall not use the following:
(1) Negative lags
(2) Lags in excess of 10 working days without approval by the Engineer. The Contractor’s written request
shall justify the need for the lag. Lags shall be identified.
(3) Start-to-finish relationships.
(4) Open-ended activities - every activity shall have at least one predecessor activity and at least one
successor activity, except for the first and last activities in the network. If the contractor uses a start-to-
start relationship to link two activities, then both of those two activities should also have successor
activities linked by either a finish-to-start or a finish-to-finish relationship.
(5) Constraints without approval by the Engineer. The Contractor’s written request shall explain why the use
of constraints in the schedule is necessary.
The Project Schedule shall show all activities required by all parties to complete the work. The Project
Schedule shall include subcontracted work, delivery dates for critical material, submittal and review periods,
permits and governmental approvals, milestone requirements, utility work by others and no work periods. The
Contractor, its subcontractors, suppliers, and engineers, at any tier, shall perform the work according to the
approved Project Schedule.
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REVISION OF SECTION 108
PROJECT SCHEDULE
Float within the Baseline Schedule or any other Project Schedule is not for the exclusive use or benefit of
either party, but is a project resource available to both parties as needed until it is depleted.
For any schedule submittal that shows completion in less than 85 percent of the Contract Time, the
Contractor shall submit planned production rates in the schedule for all activities with float of 10 days or less.
The Engineer may require additional methods statements for activities with float of 10 days or less.
The Engineer’s review of the schedule will not exceed 10 calendar days. The Engineer will provide the
Contractor with one of the following responses within 10 days after receipt of the Project Schedule:
(1) Approved, no exceptions taken;
(2) Approved-as-Noted; or
(3) Revise and Resubmit within 10 days.
The Contractor shall not assume that approval of the Project Schedule relieves the Contractor of its obligation
to complete all work within the Contract Time.
(c) Schedule Submittals. The Contractor shall include a time-scaled logic diagram with all schedule submittals
that:
(1) Is plotted on a horizontal time-scale in accordance with the project calendar.
(2) Uses color to clearly identify the critical path.
(3) Is based on early start and early finish dates of activities.
(4) For Schedule Updates and Schedule Revisions, shows actual completion dates up to but not including
the data date.
(5) Clearly shows the sequence and relationships of all activities necessary to complete the contract work.
(6) Includes an activity block for each activity with the following information:
Activity ID Activity Description
Original Duration Total Float
Early start date Early finish date
Late start date* Late finish date*
Actual Start date^ Actual Finish date^
Calendar used on the activity Activity Responsibility
Remaining Duration^ Duration Percent Complete^
Gantt chart (time-scaled logic diagram)
*Required with the Preliminary and Baseline Schedule.
^Required with the Project Schedule Update and Schedule Revision.
The Contractor shall include the following with all schedule submittals:
(i) A Job Progress Narrative Report that includes the following:
(ii) A description of the work performed since the previous month’s schedule update.
(iii) A description of problems encountered or anticipated since the previous month’s schedule
submission.
(iv) A description of unusual labor, shift, equipment, or material conditions or restrictions encountered or
anticipated.
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REVISION OF SECTION 108
PROJECT SCHEDULE
(v) The status of all pending items that could affect the schedule.
(vi) Explanations for milestones forecasted to occur late.
(vii) Scheduled completion date status and any change from the previous month’s submission.
(viii) An explanation for a scheduled completion date forecasted to occur before or after the contract
completion date or contract time.
(ix) Schedule Delays:
1. A description of current and anticipated delays including: Identification of the delayed activity or
activities by Activity ID(s) and description(s).
2. Delay type with reference to the relevant specification subsection.
3. Delay cause or causes.
4. Effect of the delay on other activities, milestones, and completion dates.
5. Identification of the actions needed to avoid a potential or mitigate an actual delay.
6. A description of the critical path impact and effect on the scheduled completion date in the previous
month’s schedule update.
(x) A list of all added and deleted activities along with an explanation for the change.
(xi) All logic and duration changes along with an explanation for the change.
(xii) A Predecessor Activity and Successor Activity report that defines all schedule logic and clearly
indicates all logical relationships and constraints.
(xiii) An Early Start report listing all activities, sorted by actual start/early start date.
(xiv) A Float report listing all activities sorted in ascending order of available float.
(xv) A Critical Path report listing all activities not yet complete with the percent complete, sorted by float
and then by early start.
(xvi) A listing of all non-work days.
For all required schedule submittals, the Contractor shall submit two electronic copies on two compact disk,
USB flash drive, or other media as directed by the Engineer. Electronic copies of CPM schedules shall be
submitted both in the native schedule format and in “PDF” format. The Contractor shall also provide two
printed copies of the CPM Schedule and all reports.
Each schedule submittal shall be appropriately labeled as a Preliminary Schedule, Baseline Schedule, Project
Schedule Update, or Schedule Revision. The title bar shall include the CDOT project number, subaccount,
project name, contractor name, schedule data date. If an originally submitted schedule is revised during
review, the title bar shall also include a revision number (REV1, REV2, etc.) and revision date.
(d) Preliminary Schedule. Within 14 days of award of the Contract, the Contractor may submit a Preliminary
Schedule showing all planned activities from the Notice to Proceed through the first 60 days of the project. If
the Contractor elects not to submit a Preliminary Schedule, then the Contractor shall submit a complete
Baseline Schedule within 14 days of award of the Contract, which will be subject to all requirements of a
Baseline submittal. The Preliminary Schedule shall not show any progress and it will be approved by the
Engineer before work can commence. The Preliminary Schedule shall be used as the basis for the Baseline
Schedule.
(e) Baseline Schedule. If the Contractor elects to submit a Preliminary Schedule, within 45 days of the award of
Contract, the Contractor shall submit a Baseline Schedule that includes all work activities completed within
Contract Time. The Contractor shall not show progress in the Baseline Schedule. Further partial payments
will not be made beyond 60 days after the start of Contract Time unless the Baseline Schedule is approved.
When approved, the Baseline Schedule shall become the Project Schedule.
The Contractor shall use all information known by the Contractor at the time of bid submittal to develop the
Baseline Schedule.
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REVISION OF SECTION 108
PROJECT SCHEDULE
If the Contractor elects to submit a Baseline Schedule in lieu of a Preliminary Schedule, the Baseline
Schedule shall be approved before work can commence.
(f) Methods Statements. The Contractor shall submit a Methods Statement for each salient feature or as
directed by the Engineer that describes all work necessary to complete the feature. The Contractor shall
include the following information in the Methods Statement:
(1) Salient feature name;
(2) Responsibility for the salient feature work;
(3) Planned work procedures;
(4) The planned quantity of work per day for each salient feature using the same units of measure as the
applicable pay item;
(5) The anticipated labor force by labor type;
(6) The number, types, and capacities of equipment planned for the work;
(7) The planned time for the work including the number of work days per week, number of shifts per day, and
the number of hours per shift.
(g) Project Schedule Update. The Contractor shall submit a monthly update of the Project Schedule updated
through the cut-off date for the monthly progress pay estimate, and a projection for completing all remaining
activities. A schedule update may show a completion date that is different than the Contract completion date,
after the baseline schedule is approved. Approval of this schedule shall not relieve the Contractor of its
obligation to complete the work within the Contract Time. In this case, the contractor shall provide an
explanation for a late scheduled completion date in the Job Progress Narrative Report included with the
schedule submittal.
When approved, the Project Schedule Update will become the Project Schedule. The Engineer will not issue
a monthly progress payment if the Engineer has not received the Project Schedule Update. The Engineer will
not make monthly progress payments for the months following the Project Schedule Update submission until
the Engineer approves the Project Schedule Update.
When the project has a maintenance or landscape establishment period, the Engineer may waive the monthly
update requirement. The Contractor shall submit a final Project Schedule Update that shows all work through
the final acceptance date.
(h) Weekly Planning Schedule. The Contractor shall submit, in writing, a Weekly Planning Schedule that shows
the Contractor’s and all Subcontractor’s planned activities for a minimum of two weeks immediately following
the date of submittal and actual days worked versus planned for the week prior to the date of submittal. This
schedule shall include the description, duration and sequence of work activities and anticipated lane closures
for the upcoming two weeks. The Weekly Planning Schedule may be a time-scaled logic diagram or other
standard format as approved by the Engineer. subsection 108.03(c) Schedule Submittal requirements for
reports do not apply to the Weekly Planning Schedule.
(i) Schedule Revision. A Schedule Revision is required in the event of any major change to the work. Examples
of major changes are:
(1) Significant changes in logic or methods of construction or changes to the critical path;
(2) Addition, deletion, or revision of activities required by contract modification order;
(3) Approval of a Contractor submitted Value Engineering Change Proposal;
(4) Delays in milestones or project completion;
(5) Phasing revisions, or;
(6) If the Engineer determines that the schedule does not reflect the actual work.
6
REVISION OF SECTION 108
PROJECT SCHEDULE
This revision shall include a description of the measures necessary to achieve completion of the work within
the Contract Time. The Contractor may also need to submit revised Methods Statements. The Contractor
shall provide a Schedule Revision within 10 days of written notification and shall include the diagrams and
reports as described in subsection 108.03 (b) Schedule - General and (c) Schedule Submittals. In this case,
the Contractor shall provide an explanation for a late scheduled completion date in the Job Progress Narrative
Report included with the schedule.
Once approved, the Schedule Revision becomes the Project Schedule.
(j) Payment. All costs relating to the requirements of this subsection will not be paid for separately, but shall be
included in the work.
January 31, 2013
REVISION OF SECTION 108
SUBLETTING OF CONTRACT
Section 108 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 108.01 and replace with the following:
108.01 Subletting of Contract. The Contractor shall not sublet, sell, transfer, assign, or dispose of the Contract
or Contracts, or any portion thereof without written permission of the Engineer. Prior to beginning any work by
subcontractor, the Contractor shall request permission from the Engineer by submitting a completed Sublet
Permit Application, CDOT Form No. 205. The subcontract work shall not begin until the Contractor has received
the Engineer’s written permission. The Contractor shall make all project related written subcontracts, agreements,
and purchase orders available to the Engineer for viewing, upon request and at a location convenient to the
Engineer.
The Contractor will be permitted to sublet a portion of the Contract, however, the Contractor’s organization shall
perform work amounting to 30 percent or more of the total original contract amount. Any items designated in the
contract as “specialty items” may be performed by subcontract. The cost of “specialty items” so performed by
subcontract may be deducted from the total original contract amount before computing the amount of work
required to be performed by the Contractor’s own organization. The original contract amount includes the cost of
material and manufactured products which are to be purchased or produced by the Contractor and the actual
agreement amounts between the Contractor and a subcontractor. Proportional value of a subcontracted partial
contract item will be verified by the Engineer. When a firm both sells material to a prime contractor and performs
the work of incorporating the materials into the project, these two phases shall be considered in combination and
as constituting a single subcontract.
The calculation of the percentage of subcontracted work shall be based on subcontract unit prices.
Subcontracts or transfer of Contract shall not release the Contractor of liability under the Contract and Bond.
May 5, 2011
REVISION OF SECTION 109
COMPENSATION FOR COMPENSABLE DELAYS
In subsection 109.10, delete the first two paragraphs and replace with the following:
109.10 Compensation for Compensable Delays. If the Engineer determines that a delay is compensable in
accordance with either subsection 105.22, 105.23, 105.24, or 108.08, monetary compensation will be determined
in accordance with this subsection.
(a) These categories represent the only costs that are recoverable by the Contractor. All other costs or
categories of costs are not recoverable:
(1) Actual wages and benefits, including FICA, paid for additional labor not otherwise included in (5) below;
(2) Costs for additional bond, insurance and tax;
(3) Increased costs for materials;
(4) Equipment costs calculated in accordance with subsection 109.04(c) for Contractor owned equipment
and based on invoice costs for rented equipment;
(5) Costs of extended job site overhead;
(6) Costs of salaried employees not otherwise included in (1) or (5) above incurred as a direct result of the
delay;
(7) Claims from subcontractors and suppliers at any level (the same level of detail as specified herein is
required for all such claims);
(8) An additional 16 percent will be added to the total of items (1) through (7) as compensation for items for
which no specific allowance is provided, including profit and home office overhead.
February 3, 2011
1
REVISION OF SECTION 109
FUEL COST ADJUSTMENT
Section 109 of the Standard Specifications is hereby revised for this project as follows:
Subsection 109.06 shall include the following:
(h) Fuel Cost Adjustments. Contract cost adjustments will be made to reflect increases or decreases in the
monthly average prices of gasoline, diesel and other fuels from the average price for the month preceding the
month in which bids were received for the Contract. These cost adjustments are not changes to the Contract
unit prices bid. When bidding, the Contractor shall specify on the Form 85 whether the cost adjustment will
apply to the Contract. After bids are submitted, the Contractor will not be given any other opportunity to
accept or reject this adjustment. If the Contractor fails to indicate a choice on the Form 85, the cost
adjustment will not apply to the Contract. If the fuel cost adjustment is accepted by the Contractor, the
adjustment will be made in accordance with the following criteria:
1. Cost adjustments will be based on the fuel price index established by the Department and calculated as
shown in subsection 109.06(h)2.D below. The index will be the monthly average of the rates posted by
the Oil Price Information Service (OPIS) for Denver No. 2 Diesel. The rate used will be the OPIS Average
taken from the OPIS Standard Rack table for Ultra-Low Sulfur w/Lubricity Gross Prices (ULS column),
expressed in dollars per gallon and rounded to two decimal places.
2. Cost adjustments will be made on a monthly basis subject to the following conditions:
A. Adjustment will be based on the pay quantities on the monthly partial pay estimate for each of the pay
items listed in the table below for which fuel factors have been established. Adjustment will be made
only when the pay item is measured by the pay unit specified in the table:
Item Pay Unit Fuel Factor (FF)
202-Removal of Asphalt Mat (Planing) Square Yard 0.006 Gal/SY/Inch depth
203-Excavation (muck, unclassified) Embankment,
Borrow
Cubic Yard 0.29 Gal/CY
203-Rock Excavation Cubic Yard 0.39 Gal/CY
206-Structure Excavation and Backfill [applies only
to quantities paid for by separate bid item; no
adjustment will be made for pay items that include
structure excavation & backfill, such as RCP(CIP)]
Cubic Yard 0.29 Gal/CY
304-Aggregate Base Course (Class___) Cubic Yard 0.85 Gal/CY
304-Aggregate Base Course (Class___) Ton 0.47 Gal./Ton
307-Processing Lime Treated Subgrade Square Yard 0.12 Gal/SY
310-Full Depth Reclamation Square Yard 0.06 Gal/SY
403-Hot Mix Asphalt (HMA) (Grading __) * Ton 2.47 Gal/Ton
403-Stone Matrix Asphalt (Grading __) Ton 2.47 Gal/Ton
405-Heating and Scarifying Treatment Square Yard 0.44 Gal/SY
405-Heating and Repaving Treatment Square Yard 0.44 Gal/SY
405-Heating and Remixing Treatment Square Yard 0.44 Gal/SY
406-Cold Bituminous Pavement (Recycle) Square Yard 0.01 Gal/SY/Inch depth
412- Concrete Pavement (___Inch) Square Yard 0.03 Gal/SY/Inch thickness
412-Place Concrete Pavement** Square Yard 0.03 Gal/SY/Inch thickness
*Hot Mix Asphalt (Patching) is not subject to fuel cost adjustment.
**Use the thickness shown on the plans.
February 3, 2011
2
REVISION OF SECTION 109
FUEL COST ADJUSTMENT
B. A fuel cost adjustment will be made only when the current fuel price index varies by more than 5
percent from the price index at the time of bid, and only for that portion of the variance in excess of 5
percent. Fuel cost adjustments may be either positive or negative dollar amounts.
C. Fuel cost adjustments will not be made for any partial estimate falling wholly after the expiration of
contract time.
D. Adjustment formula:
EP greater than BP:
FA = (EP – 1.05 BP)(Q)(FF)
EP less than BP:
FA = (EP – 0.95 BP)(Q)(FF)
Where:
BP = Average fuel price index for the calendar month prior to the calendar month in which bids
are opened
EP = Average fuel price index for the calendar month prior to the calendar month in which the
partial estimate pay period ends
FA = Adjustment for fuel costs in dollars
FF = Fuel usage factor for the pay item
Q = Pay quantity for the pay item on the monthly partial pay estimate
Note: When the pay item is based on area, and the rate of fuel use varies with thickness, Q should be
determined by multiplying the area by the thickness. For example: for 1000 square yards of 8-
inch concrete pavement Q should be 8000.
Example: Bids are opened on July 16. The BP will be the average of the daily postings for June 1
through June 30. For an estimate cut-off date selected by the Contractor at the Pre-
Construction Conference of the 20th of the month a February estimate will include HMA
quantities (Q) measured from the 21st of January through the 20th of February, the FF will
be 2.47 Gal/Ton, and the EP index used to calculate FA will be the average of the daily
postings for January 1 through January 31 as established by CDOT.
E. Fuel cost adjustment will not be made for the quantity of any item that is left in place at no pay.
F. Fuel cost adjustments will not be made to items of work added to the Contract by Change Order after
the award of the Contract.
The fuel cost adjustment will be the sum of the individual adjustments for each of the pay items shown. No
adjustment will be made for fuel costs on items other than those shown. The factors shown are aggregate
adjustments for all types of fuels used, including but not limited to gasoline, diesel, propane, and burner fuel.
No additional adjustments will be made for any other type of fuel.
Fuel cost adjustments resulting in an increased payment to the Contractor will be paid for under the planned
force account item: Fuel Cost Adjustment. Fuel cost adjustments resulting in a decreased payment to the
Contractor will be deducted from monies owed the Contractor.
February 3, 2011
45
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 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
47
REVISION OF SECTIONS 203, 206, 304 AND 613
COMPACTION
Sections 203, 206, 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.
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.
January 30, 2014
REVISION OF SECTION 206
STRUCTURE BACKFILL AT BRIDGE ABUTMENTS
Section 206 of the Standard Specifications is hereby revised for this project as follows:
In subsection 206.02 (a), delete the first sentence of the second paragraph and replace with the following:
Structure backfill (Class 1) with mechanical reinforcement shall be used to backfill bridge abutments, unless
otherwise shown on the Plans. When structure backfill (flow-fill) is called for, it shall meet the following
requirements.
April 26, 2012
50
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
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
54
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:
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
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.
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 5, 2011
REVISION OF SECTIONS 412, 601 AND 711
LIQUID MEMBRANE-FORMING COMPOUNDS
FOR CURING CONCRETE
Sections 412, 601 and 711 of the Standard Specifications are hereby revised for this project as follows:
In subsection 412.14, first paragraph, delete the second sentence and replace with the following:
The impervious membrane curing compound shall meet the requirements of ASTM C 309, Type 2 and shall be
volatile organic content (VOC) compliant.
In subsection 601.13 (b), first paragraph, delete the second sentence and replace with the following:
A volatile organic content (VOC) compliant curing compound conforming to ASTM C 309, Type 2 shall be used on
surfaces where curing compound is allowed, except that Type 1 curing compound shall be used on exposed
aggregate or colored concrete, or when directed by the Engineer.
In subsection 601.16 (a) 1., delete the first sentence and replace with the following:
1. Membrane Forming Curing Compound Method. A volatile organic content (VOC) compliant curing compound
conforming to ASTM C 309, Type 2 shall be uniformly applied to the surface of the deck, curbs and sidewalks
at the rate of 1 gallon per 100 square feet.
Delete subsection 711.01 and replace with the following:
711.01 Curing Materials. Curing materials shall conform to the following requirements:
Burlap Cloth made from Jute or Kenaf AASHTO M 182
Liquid Membrane-Forming Compounds for
Curing Concrete
ASTM C 309
Sheet Materials for Curing Concrete AASHTO M 171*
*Only the performance requirements of AASHTO M171 shall apply.
Straw used for curing shall consist of threshed straw of oats, barley, wheat, or rye. Clean field or marsh hay may
be substituted for straw when approved by the Engineer. Old dry straw or hay which breaks readily in the
spreading process will not be accepted.
February 3, 2011
REVISION OF SECTION 412
PORTLAND CEMENT CONCRETE PAVEMENT FINISHING
Section 412 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 412.12(a) and replace it with the following:
(a) Hand Finishing. Hand finishing should be minimized wherever possible. The Engineer shall be notified prior
to hand finishing work and the proposed hand finished work shall be addressed in the Quality Control Plan for
concrete finishing. Unless otherwise specified, hand finishing methods will be permitted only under the
following conditions. Hand finished concrete shall be struck off and screeded with a portable screed that is at
least 2 feet longer than the maximum width of the slab to be struck off. It shall be sufficiently rigid to retain its
shape. Concrete shall be thoroughly consolidated by hand vibrators. Hand finishing shall not be allowed after
concrete has been in-place for more than 30 minutes or when initial set has begun unless otherwise approved
by the Engineer. Finishing tools made of aluminum shall not be used.
The Contractor shall provide a Quality Control Plan (QCP) to ensure that proper hand finishing is
accomplished in accordance with current Industry standards in the concrete pavement placement. It shall also
identify the Contractor’s method for ensuring that the provisions of the QCP are met. The QCP shall be
submitted to the Engineer at the Preconstruction Conference. Paving operations shall not begin until the
Engineer has approved the QCP. The QCP shall identify and address issues affecting the quality of finished
concrete pavement including but not limited to:
(1) Timing of hand finishing operations
(2) Methodology to place and transport concrete
(3) Equipment and tools to be utilized
(4) Qualifications and training of finishers and supervisors
When the Engineer determines that any element of the approved QCP is not being implemented or that hand
finished concrete is unacceptable, work shall be suspended. The Contractor shall supply a written plan to
address improperly placed material and how to remedy future hand finishing failures and bring the work into
compliance with the QCP. The Engineer will review the plan for acceptability prior to authorizing the
resumption of operations.
February 3, 2011
REVISION OF SECTION 601
CONCRETE BATCHING
Section 601 of the Standard Specifications is hereby revised for this project as follows:
In subsection 601.06, delete (13) and (17) and replace with the following:
(13) Gallons of water added by truck operator, the time the water was added and the quantity of concrete in the
truck each time water is added.
(17) Water to cementitious material ratio.
February 3, 2011
REVISION OF SECTIONS 601
CONCRETE FINISHING
Section 601of the Standard Specifications are hereby revised for this project as follows:
In subsection 601.12 (a) delete the fifth paragraph and replace it with the following:
Water shall not be added to the surface of the concrete to assist in finishing operations.
Hand finishing should be minimized wherever possible. The hand finishing methods shall be addressed in the
Quality Control Plan for concrete finishing. Hand finished concrete shall be struck off and screeded with a portable
screed that is at least 2 feet longer than the maximum width of the surface to be struck off. It shall be sufficiently
rigid to retain its shape. Concrete shall be thoroughly consolidated by hand vibrators. Hand finishing shall not be
allowed after concrete has been in-place for more than 30 minutes or when initial set has begun. Finishing tools
made of aluminum shall not be used.
The Contractor shall provide a Quality Control Plan (QCP) to ensure that proper hand finishing is accomplished in
accordance with current Industry standards. It shall identify the Contractor’s method for ensuring that the
provisions of the QCP are met. The QCP shall be submitted to the Engineer at the Preconstruction Conference.
Concrete placement shall not begin until the Engineer has approved the QCP. The QCP shall identify and
address issues affecting the quality finished concrete including but not limited to:
(5) Timing of hand finishing operations
(6) Methodology to place and transport concrete
(7) Equipment and tools to be utilized
(8) 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
63
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.
In subsection 601.11, delete (e) and replace with the following:
(e) Falsework Removal. Unless specified in the plans or specifications, falsework shall remain in place until
concrete has attained a minimum compressive strength of 0.80f’c.
Falsework supporting any span of a simple span bridge shall not be released until after all concrete, excluding
concrete above the bridge deck, has attained a compressive strength of at least 0.80f’c.
Falsework supporting any span of a continuous or rigid frame bridge shall not be released until after all concrete,
excluding concrete above the bridge deck, has been placed in all spans and has attained the compressive
strength of at least 0.80f’c.
Falsework for arch bridges shall be removed uniformly and gradually, beginning at the crown, to permit the arch to
take its load slowly and evenly.
Falsework supporting overhangs and deck slabs between girders shall not be released until the deck concrete
has attained a compressive strength of at least 0.80f’c.
Falsework for pier caps which will support steel or precast concrete girders shall not be released until the
concrete has attained a compressive strength of at least 0.80f’c. Girders shall not be erected onto such pier caps
until the concrete in the cap has attained the compressive strength of at least 0.80f’c.
Falsework for cast-in-place prestressed portions of structures shall not be released until after the pre-stressing
steel has been tensioned.
Concrete compressive strength shall be determined using information concrete cylinders or by maturity meters.
At the pre-pour conference, the Contractor shall submit the method of determining the structure’s strength and the
location that information cylinders will be taken or maturity meters placed.
If information cylinders are used they shall be cast by the Contractor and cured in the same manner as the
structure. A set of information cylinders shall be taken for each concrete placement on the structure. A set of
information cylinders shall be taken for any load of concrete that is being placed at the mid-span of beams and at
support locations and other locations as directed by the Engineer. Casting of the information cylinders will be
witnessed by the Engineer. The information cylinders shall remain in the molds and cured in the same manner as
the structure until they are tested in the laboratory by the Engineer. Compressive strength shall be determined
using the compressive strength of at least two information cylinders. The Contractor shall be responsible for
protecting the information cylinders from damage.
Prior to placement of concrete whose strength will be determined with maturity meters, the Contractor shall
provide the Engineer a report of maturity relationships in accordance with CP 69. The Contractor shall provide
maturity meters and all necessary wires and connectors. The Contractor shall be responsible for the placement
and maintenance of the maturity meters and wires. At a minimum a maturity meter will be placed at the mid-span
of beams and at support locations. Placement shall be as directed by the Engineer.
For structures with multiple sets of information cylinders or maturity meters, the lowest compressive strength shall
determine when the falsework can be removed.
Acceptance cylinders shall not be used for determining compressive strength to remove falsework.
July 29, 2011
1
REVISION OF SECTION 601
CONCRETE SLUMP ACCEPTANCE
Section 601 of the Standard Specifications is hereby revised for this project as follows:
Delete the fifth paragraph of Subsection 601.05 and replace with the following:
Except for Class BZ concrete, the slump of the delivered concrete shall be the slump of the approved concrete
mix design plus or minus 2.0 inch. The laboratory trial mix must produce an average compressive strength at
least 115 percent of the required field compressive strength specified in Table 601-1. When entrained air is
specified in the Contract for Class BZ concrete, an air entraining admixture may be added to an approved Class
BZ mix design. A new trial mix will not be required.
Delete Subsection 601.17 (b), 601.17 (d) and Table 601-3 and replace with the following:
(b) Slump. Slump acceptance, but not rejection, may be visually determined by the Engineer. Any batch that
exceeds the slump of the approved concrete mix design by 2.0 inches will be retested. If the slump is
exceeded a second time, that load is rejected. If the slump is greater than 2 inches lower than the approved
concrete mix design, the load can be adjusted with a water reducer, or by adding water (if the w/cm allows)
and retested.
Portions of loads incorporated into structures prior to determining test results which indicate rejection as the
correct course of action shall be subject to reduced payment or removal as determined by the Engineer.
(d) Pay Factors. The pay factor for concrete which is allowed to remain in place at a reduced price shall be
according to Table 601-3 and shall be applied to the unit price bid for Item 601, Structural Concrete.
If deviations occur in air content and strength within the same batch, the pay factor for the batch shall be the
product of the individual pay factors.
Table 601-3
PAY FACTORS
Percent Total Air Strength
Deviations
From
Specified
Air
(Percent)
Pay
Factor
(Percent)
Below
Specified
Strength (psi)
[ < 4500 psi
Concrete]
Pay
Factor
(Percent)
Below
Specified
Strength (psi)
[ ≥ 4500 psi
Concrete]
0.0-0.2 98 1-100 98 1-100
0.3-0.4 96 101-200 96 101-200
0.5-0.6 92 201-300 92 201-300
0.7-0.8 84 301-400 84 301-400
0.9-1.0 75 401-500 75 401-500
Over 1.0 Reject Over 500 Reject
65 501-600
54 601-700
42 701-800
29 801-900
15 901-1000
Reject Over 1000
May 2, 2013
REVISION OF SECTION 601
DEPOSITING CONCRETE UNDER WATER
Section 601 of the Standard Specifications is hereby revised for this project as follows:
In subsection 601.12, delete (f) and replace with the following:
(f) Depositing Concrete Under Water. Concrete, except for cofferdam seals, shall not be deposited under water,
unless approved by the Engineer. If approved, care shall be exercised to prevent the formation of laitance.
Concrete shall not be deposited until all laitance, which may have formed on concrete previously placed, has
been removed. Pumping shall be discontinued while depositing foundation concrete if it results in a flow of water
inside the forms. Concrete deposited under water shall be carefully placed in a compact mass in its final position
by means of a concrete pump and tremie. The discharge or bottom end of the tremie shall be lowered to contact
the foundation at the start of the concrete placement and shall be raised during the placement at a rate which will
insure that the bottom or discharge end of the tremie is continuously embedded or buried in fresh concrete a
minimum of 12 inches. Air and water shall be excluded from the tremie pipe by keeping the pipe continuously
filled. The continuity of the placement operation shall be maintained without breaking the seal between the
concrete mass and the discharge end of the tremie until the lift is completed. The concrete placement shall not be
disturbed after it has been deposited.
May 2, 2013
REVISION OF SECTION 601
FIBER-REINFORCED CONCRETE
Section 601of the Standard Specifications is hereby revised for this project as follows:
Subsection 601.03 shall include the following:
Where Fiber-Reinforced Concrete is specified or designated in the plans, the concrete mix shall include approved
polyolefin fibers. Unless otherwise specified, a minimum of 3.5 pounds per cubic yard of polyolefin fiber
reinforcement shall be evenly distributed into the mix. Mixing shall be as recommended by the manufacturer
such that the fibers do not ball up. Polyolefin fibers shall meet the requirements of ASTM C1116 and ASTM
D7508.
Where Macro Fiber-Reinforced Concrete is specified or designated in the plans, the concrete mix shall include
approved macro polyolefin fibers. Unless otherwise specified, a minimum of 4.0 pounds per cubic yard of macro
polyolefin fiber reinforcement shall be evenly distributed into the mix. Macro Fiber-Reinforced Concrete shall
have a residual strength of 170 psi as determined by ASTM C1609. Mixing shall be as recommended by the
manufacturer such that the fibers do not ball up. Macro polyolefin fibers shall meet the requirements of ASTM
C1116 and ASTM D7508 with the following exceptions:
(1) Tensile strength shall be a minimum of 65 ksi
(2) Modulus of Elasticity shall be a minimum of 1,000 ksi
(3) Cut length shall be 1.5 to 2.2 inches
(4) Aspect Ratio shall be 50 to 100
Subsection 601.05 shall include the following:
When Fiber-Reinforced Concrete is specified in the Contract, polyolefin fibers may be added to an approved mix
design except when Macro Fiber-Reinforced Concrete is specified. If Macro Fiber-Reinforced Concrete is
specified a new trial mix will be required. When polyolefin fibers are added to an approved concrete mix design,
the Contractor shall submit a letter stamped by the Concrete Design Engineer approving the changes. The
stamped letter shall include the following and will be approved by the Engineer prior to use:
(1) The mix design number, both the CDOT mix ID number and the suppliers mix ID number
(2) The brand and type of polyolefin fibers.
(3) The dosage of polyolefin fibers in pounds per cubic yard.
(4) Adjustment to the fine aggregate batch weight
Subsection 601.06 shall include the following:
(18) Weight of polyolefin fiber reinforcement
Subsection 601.19 shall include the following:
Polyolefin fiber reinforcement will not be measured and paid for separately, but shall be included in the work.
May 8, 2014
1
REVISION OF SECTION 601
QC TESTING REQUIREMENTS FOR STRUCTURAL CONCRETE
Section 601 of the Standard Specifications is hereby revised for this project as follows:
Delete the first paragraph of subsection 601.17 and subsection 601.17(a) and replace with the following:
601.17 Acceptance and Pay Factors. These provisions apply to all concrete. The Contractor shall sample 601
pay items for both QC and QA in accordance with CP 61. The Engineer will witness the sampling and take
possession of the QA samples at a mutually agreed upon location. The Contractor shall be responsible for
Quality Control (QC) testing for 601 pay items. QC testing shall be performed at least once per day and then
once per 50 cubic yards for concrete slump, unit weight and concrete temperature for each 601 pay item.
(a) Air Content. The first three batches at the beginning of each day’s production for each 601 pay item shall
be tested by the Contractor’s QC and CDOT’s QA for air content. When the QC and QA air content
measurements differ by more than 0.5 percent, both the QC and QA air meters shall be checked in
accordance with ASTM C 231. When air content is below the specified limit, it may be adjusted in
accordance with subsection 601.08. Successive batches shall be tested by the Contractor’s QC and
witnessed by the Engineer until three consecutive batches are within specified limits. After the first three
batches, CDOT will follow the random minimum testing schedule. After the first three batches the
Contractor shall perform QC testing at a frequency of one random sample per 50 cubic yards. Air
content shall not be adjusted after a CDOT QA test.
Subsection 601.19 shall include the following:
The Contractor’s QC testing will not be measured and paid separately, but shall be included in the work.
April 26, 2012
69
REVISION OF SECTIONS 603, 624 AND 705
DRAINAGE PIPE
Sections 603, 624 and 705 of the Standard Specifications are hereby revised for this project as follows:
Subsection 603.07 shall include the following:
Joint systems for siphons, irrigation systems, and storm drains shall be watertight.
Subsection 603.07(c) shall include the following:
Watertight joint systems for plastic pipe shall conform to subsection 705.03.
In subsection 624.02 delete the third paragraph and replace it with the following:
Connecting bands shall receive the same corrosion protection as the pipe with which they are used. Coatings
conforming to the requirements of Sections 706 and 707 will be permitted as applicable. Connecting bands and
pipe extensions shall be of similar metal, or of non-metallic material, to avoid galvanic corrosion.
End sections for concrete or metal pipe shall be the same material as the pipe and meet the requirements for the
same class as that specified for the pipe in accordance with Table 624-1.
Plastic end sections shall not be used. When plastic pipe is to be installed with end sections, steel or concrete
end sections meeting the same class as that specified for the pipe in accordance with Table 624-1 shall be used.
In subsection 624.02 delete the fourth paragraph and replace it with the following:
The Contractor may furnish any pipe material allowed in Table 624-1 for the class of pipe specified in the Contract
except for storm drains. The Contractor may furnish RCP or PVC allowed in Table 624-1 for the class of pipe
specified in the Contract for storm drains. The Contractor shall state at the preconstruction conference the pipe
materials intended to be furnished.
In subsection 624.02 delete Table 624-1 and replace it with the following:
TABLE 624-1
Materials Allowed for Class of Pipe
Material
Allowed**
Class of Pipe*
0 1 2 3 4 5 64 7 8 9 104
CSP Y N N N N N N N N N N
Bit. Co. CSP Y Y1 N N N N N N N N N
A.F. Bo. CSP Y Y Y Y Y Y Y N N N N
CAP Y Y2 Y2 Y2 Y2 Y N N N N N
PCSP - both
sides Y Y Y Y N N N N N N N
PVC6 Y Y Y Y Y Y Y Y Y Y Y
PE6 Y Y Y Y Y Y Y Y Y Y Y
RCP (SP0)3,5 Y Y N N N N N Y N N N
RCP (SP1)3,5 Y Y Y N N N N Y Y N N
RCP (SP2)3,5 Y Y Y Y Y N N Y Y Y N
RCP (SP3)3,5 Y Y Y Y Y Y Y Y Y Y Y
* As determined by the Department in accordance with the CDOT Pipe Selection Guide.
Determination is based on abrasion and corrosion resistance.
** Y=Yes; N=No.
1 Coated Steel Structural Plate Pipe of equal or greater diameter, conforming to Section
510, may be substituted for Bit. Co. CSP at no additional cost to the project.
2 Aluminum Alloy Structural Plate Pipe of equal or greater diameter, conforming to
Section 510, may be substituted for CAP at no additional cost to the project.
3 SP= Class of Sulfate Protection required in accordance with subsection 601.04 as
revised for this project. RCP shall be manufactured using the cementitious material
required to meet the SP class specified.
4 For pipe classes 6 and 10, the RCP shall be coated in accordance with subsection
706.07 when the pH of either the soil or water is less than 5. The Contract will specify
when RCP is to be coated.
5 Concrete shall have a compressive strength of 4500 psi or greater.
6 In accordance with subsection 712.13.
Subsection 624.03 shall include the following:
Joint systems for siphons, irrigation systems, and storm drains shall be watertight. Watertight joint systems for
plastic pipe shall conform to subsection 705.03.
Subsection 705.03 shall include the following:
Watertight joint systems for plastic pipe shall be in accordance with ASTM D3212.
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
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AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
These goals are applicable to all the Contractor’s construction work (whether or not it is Federal or federally
assisted) performed in the covered area. If the Contractor performs construction work in a geographical
area located outside of the covered area, it shall apply the goals established for such geographical area
where the work is actually performed. With regard to this second area, the Contractor also is subject to
the goals for both its federally involved and non-federally involved construction.
The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based
on its implementation of the Equal Opportunity Clause specific affirmative action obligations required by
the specifications set forth in 41 CFR 60-4.3(a), and its efforts meet the goals established for the
geographical area where the contract resulting form this solicitation is to be performed. The hours of
minority and female employment and training must be substantially uniform throughout the length of the
contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and
women evenly on each of its projects. The transfer of minority or female employees or trainees from
Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor’s goals
shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Par 60-4.
Compliance with the goals will be measured against the total work hours performed.
3. The Contractor shall provide written notification to the Director of the Office of Federal Contract
Compliance Programs within 10 working days of award of any construction subcontract in excess
of $10,000 at any tier for construction work under the contract resulting from this solicitation. The
notification shall list the name, address and telephone number of the subcontractor; employer
identification number; estimated dollar amount of the subcontract; estimated starting and
completion dates of the subcontract; and the geographical area in which the contract is to be
performed.
4. As used in this specification, and in the contract resulting from this solicitation, the “covered area” is the
county or counties shown on the Invitation for Bids and on the plans. In cases where the work is in two or more counties
covered by differing percentage goals, the highest percentage will govern.
February 3, 2011
3
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
B. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT
SPECIFICATIONS
Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246)
1. As used in these Specifications:
a. “Covered area” means the geographical area described in the solicitation from which this contract
resulted;
b. “Director” means Director, Office of Federal Contract Compliance Programs, United States Department of
Labor, or any person to whom the Director delegates authority;
c. “Employer identification number” means the Federal Social Security number used on the Employer’s
Quarterly Federal Tax Return, U.S. Treasury Department Form 941.
d. “Minority” includes;
(i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other
Spanish Culture or origin, regardless of race);
(iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far
East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and
(iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of
North America and maintaining identifiable tribal affiliations through membership and
participation or community identification).
2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any
construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of
these specifications and the Notice which contains the applicable goals for minority and female
participation and which is set forth in the solicitations from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S.
Department of Labor in the covered area either individually or through an association, its affirmative
action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with
that Plan for those trades which have unions participating in the Plan. Contractors must be able to
demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each
Contractor or Subcontractor participating in an approved Plan is individually required to comply with its
obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in
each trade in which it has employees. The overall good faith performance by other Contractors or
Subcontractor toward a goal in an approved Plan does not excuse any covered Contractor’s or
Subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p
of these specifications. The goals set forth in the solicitation from which this contract resulted are
expressed as percentages of the total hours of employment and training of minority and female utilization
the Contractor should reasonably be able to achieve in each construction trade in which it has employees
in the covered area. Covered Construction contractors performing construction work in geographical
areas where they do not have a Federal or federally assisted construction contract shall apply the
minority and female goals established for the geographical area where the work is being performed.
Goals are published periodically in the Federal Register in notice form, and such notices may be obtained
from any office of Federal Contract Compliance Programs Office or from Federal procurement contracting
officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each
craft during the period specified.
February 3, 2011
4
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the
Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the
Contractor’s obligations under these specifications, Executive Order 11246, or the regulations
promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals,
such apprentices and trainees must be employed by the Contractor during the training period, and the
Contractor must have made a commitment to employ the apprentices and trainees at the completion of
their training, subject to the availability of employment opportunities. Trainees must be trained pursuant
to training programs approved by the U.S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The
evaluation of the Contractor’s compliance with these specifications shall be based upon its effort to
achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall
implement affirmative action steps at least as extensive as the following;
a. Ensure and maintain a working environment free of harassment, intimidation , and coercion at all sites,
and in all facilities at which the Contractor’s employees are assigned to work. The Contractor, where
possible, will assign two or more women to each construction project. The Contractor shall
specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are
aware of and carry out the Contractor’s obligation to maintain such a working environment, with
specific attention to minority or female individuals working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources, provide written
notification to minority and female recruitment sources and to community organizations when the
Contractor or its union have employment opportunities available, and maintain a record of the
organization’s responses.
c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-
the-street applicant and minority or female referral from a union, a recruitment source of community
organization and of what action was taken with respect to each individual. If such individual was sent
to the union hiring hall for referral and was not referred back to the Contractor by the union or, if
referred, not employed by the Contractor, this shall be documented in the file with the reason therefor,
along with whatever additional actions the Contractor may have taken.
d. Provide immediate written notification to the Director when the union with which the Contractor has a
collective bargaining agreement has not referred to the Contractor a minority person or woman sent
by the Contractor, or when he Contractor has other information that the union referral process has
impeded the Contractor’s efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the area which
expressly include minorities and women, including upgrading programs and apprenticeship and
trainee programs relevant to the Contractor’s employment needs, especially those programs funded
or approved by the Department of Labor. The Contractor shall provide notice of these programs to
the sources compiled under 7b above.
f. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and training programs
and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by
including it in any policy manual and collective bargaining agreement; by publicizing it in the company
newspaper, annual report, etc., by specific review of the policy with all management personnel and
with all minority and female employees at least once a year, and by posting the Contractor’s EEO
policy on bulletin boards accessible to all employees at each location where construction work is
performed.
February 3, 2011
5
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
g. Review, at least annually, the Contractor’s EEO policy and affirmative action obligations under these
specifications with all employees having any responsibility for hiring, assignment, layoff, termination
or other employment decisions including specific review of these items with onsite supervisory
personnel such as Superintendents, General Foreman, etc., prior to the initiation of construction work
at any job site. A written record shall be made and maintained identifying the time and place of these
meetings, persons attending, subject matter discussed, and disposition of the subject matter.
h. Disseminate the Contractor’s EEO policy externally by including it in any advertising in the news media,
specifically including minority and female news media, and providing written notification to and
discussing the Contractors and Subcontractors with whom the Contractor does or anticipates doing
business.
i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to
schools with minority and female students and to minority and female recruitment and training
organizations serving the Contractor’s recruitment area and employment needs. Not later than one
month prior to the date for the acceptance of applications for apprenticeship or other training by any
recruitment source, the Contractor shall send written notification to organizations such as the above,
describing the openings, screening procedures, and tests to be used in the selection process.
j. Encourage present minority and female employees to recruit other minority persons and women and,
where reasonable, provide after school, summer and vacation employment to minority and female
youth both on the site and in other areas of a Contractor’s workforce.
k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR
Part 60-3.
l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for
promotional opportunities and encourage these employees to seek or to prepare for, through
appropriate training, etc. such opportunities.
m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do
not have a discriminatory effect by continually monitoring all personnel and employment related
activities to ensure that the EEO policy and the Contractor’s obligations under these specifications
are being carried out.
n. Ensure that all facilities and Contractor’s activities are nonsegregated except that separate or single-user
toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female
construction contractors and suppliers, including circulation of solicitations to minority and female
contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisor’s adherence to and performance under the
Contractor’s EEO policies and affirmative action obligation.
February 3, 2011
6
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of
their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor-
union contractor-community, or other similar group of which the Contractor is a member and participant,
may be asserted as fulfilling any one or more of its obligations under 7a through p of these specifications
provided that the Contractor actively participates in the group, makes every effort to assure that the group
has a positive impact on the employment of minorities and women in the industry, ensures that the
concrete benefits of the program are reflected in the Contractor’s minority and female workforce
participation, makes a good faith effort to meet its individual goal and timetables, and can provide access
to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The
obligation to comply, however, is the Contractor’s and failure of such a group to fulfill an obligation shall
not be a defense for the Contractor’s noncompliance.
9. A single goal for minorities and a separate single goal for women have been established. The Contractor,
however, is required to provide equal employment opportunity and to take affirmative action for all
minority groups, both male and female, and all women, both minority and non-minority. Consequently,
the Contractor may be in violation of the Executive Order if a particular group is employed in a
substantially disparate manner (for example, even thought the Contractor has achieved its goals for
women generally, the Contractor may be in violation of the Executive Order if a specific minority group of
women is underutilized).
10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against
any person because of race, color, religion, sex, or national origin.
11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government
contracts pursuant to Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the
Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as
may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing
regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry
out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246,
as amended.
13 The Contractor in fulfilling its obligations under these specifications, shall implement specific affirmative action
steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to
achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails
to comply with the requirements of the Executive Order, the implementing regulations, or these
specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.
14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that
the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may
be required by the Government and to keep records. Records shall at least include for each employee
the name, address, telephone numbers, construction trade, union affiliation if any, employee
identification number when assigned, social security number, race, sex, status (e.g., mechanic,
apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the
indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained
in an easily understandable and retrievable form, however, to the degree that existing records satisfy this
requirement, contractors shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish
different standards of compliance or upon application of requirements for the hiring of local or other area
residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development
Block Grant Program).
February 3, 2011
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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.
February 3, 2011
8
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
(2) All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO
Officer or other knowledgeable company official, covering all major aspects of the Contractor’s
equal employment opportunity obligations within thirty days following their reporting for duty with
the Contractor.
(3) All personnel who are engaged in direct recruitment for the project will be instructed by the EEO
Officer or appropriate company official in the Contractor’s procedures for locating and hiring
minority group employees.
b. In order to make the Contractor’s equal employment opportunity policy known to all employees,
prospective employees and potential sources of employees, i.e., schools, employment agencies,
labor unions (where appropriate), college placement officers, etc., the Contractor will take the
following actions:
(1) Notices and posters setting forth the Contractor’s equal employment opportunity policy will be
placed in areas readily accessible to employees, applicants for employment and potential
employees.
.
(2) The Contractor’s equal employment opportunity policy and the procedures to implement such
policy will be brought to the attention of employees by means of meetings, employee
handbooks, or other appropriate means.
5. Recruitment.
a. When advertising for employees, the Contractor will include in all advertisements for employees the
notation; “An Equal Opportunity Employer.” All such advertisements will be published in
newspapers or other publications having a large circulation among minority groups in the area
from which the project work force would normally be derived.
b. The Contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral sources likely to yield qualified minority
group applicants, including, but not limited to, State employment agencies, schools, colleges and
minority group organizations. To meet this requirement, the Contractor will, through his EEO
Officer, identify sources of potential minority group employees, and establish with such identified
sources procedures whereby minority group applicants may be referred to the Contractor for
employment consideration.
In the event the Contractor has a valid bargaining agreement providing for exclusive hiring hall
referrals, he is expected to observe the provisions of that agreement to the extent that the system
permits the Contractor’s compliance with equal employment opportunity contract provisions. (The
U.S. Department of Labor has held that where implementation of such agreements have the
effect of discriminating against minorities or women, or obligates the Contractor to do the same,
such implementation violates Executive Order 11246, as amended.)
c. The Contractor will encourage his present employees to refer minority group applicants for
employment by posting appropriate notices or bulletins in areas accessible to all such employees.
In addition, information and procedures with regard to referring minority group applicants will be
discussed with employees.
`6. Personnel Actions. Wages, working conditions, and employee benefits shall be established and
administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer,
demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, or
national origin. The following procedures shall be followed;
a. The Contractor will conduct periodic inspections of project sites to insure that working conditions
and employee facilities do not indicate discriminatory treatment of project site personnel.
February 3, 2011
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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.
February 3, 2011
10
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
d. In the event the union is unable to provide the Contractor with a reasonable flow of minority and women
referrals within he time limit set forth in the collective bargaining agreement, the Contractor will,
through independent recruitment efforts, fill the employment vacancies without regard to race, color,
religion , sex or national origin; making full efforts to obtain qualified and/or qualifiable minority group
persons and women. (The U.S. Department of Labor has held that it shall be no excuse that the
union with which the Contractor has a collective bargaining agreement providing for exclusive referral
failed to refer minority employees.) In the event the union referral practice prevents the Contractor
from meeting the obligations pursuant to Executive Order 11246, as amended, and these special
provisions, such Contractor shall immediately notify the State highway agency.
9. Subcontracting.
a. The Contractor will use his best efforts to solicit bids from and to utilize minority group subcontractors or
subcontractors with meaningful minority group and female representation among their employees.
Contractors shall obtain lists of minority-owned construction firms from State highway agency
personnel.
b. The Contractor will use his best efforts to ensure subcontractor compliance with their equal employment
opportunity obligations.
10. Records and Reports.
a. The Contractor will keep such records as are necessary to determine compliance with the Contractor’s
equal employment opportunity obligations. The records kept by the Contractor will be designed to
indicate:
(1) The number of minority and nonminority group members and women employed in each work
classification on the project.
(2) The Progress and efforts being made in cooperation with unions to increase employment
opportunities for minorities and women (applicable only to contractors who rely in whole or in part
on unions as a source of their work force).
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority
and female employees, and
(4) The progress and efforts being made in securing the services of minority group subcontractors or
subcontractors with meaningful minority and female representation among their employees.
b. All such records must be retained for a period of three years following completion of the contract work
and shall be available at reasonable times and places for inspection by authorized representatives of
the State highway agency and the Federal Highway Administration.
c. The Contractors will submit an annual report to the State highway agency each July for the duration of the
project, indicating the number of minority, women, and non-minority group employees currently
engaged in each work classification required by the contract work. This information is to be reported
on Form PR 1391.
-83-
U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-24-14
HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO140024
Decision Nos. CO140024 dated January 03, 2014 supersedes
Decision Nos. CO130024 dated January 04, 2013.
Modifications ID
MOD Number
1
Date
01/24/14
Page Number(s)
1
When work within a project is located in two or more counties and 1
the minimum wages and fringe benefits are different for one or more
job classifications, the higher minimum wages and fringe benefits
shall apply throughout the project.
General Decision No. CO140024 applies to the following counties: Larimer, Mesa, and Weld counties.
General Decision No. CO140024
The wage and fringe benefits listed below reflect collectively bargained rates.
Cod
e Classification
Basic Hourly
Rate Fringe Benefits
Last
Mod
POWER EQUIPMENT OPERATOR:
Drill Rig Caisson
1714 Smaller than Watson 2500 and similar 24.73 9.15 1
1715 Watson 2500 similar or larger 25.04 9.15 1
Oiler
1716 Weld 24.88 9.15 1
General Decision No. CO140024
The wage and fringe benefits listed below do not reflect collectively bargained rates.
CARPENTER:
1717 Excludes Form Work 20.72 5.34
Form Work Only
1718 Larimer, Mesa 18.79 3.67
1719 Weld 16.54 3.90
CEMENT MASON/CONCRETE FINISHER:
1720 Larimer 16.05 3.00
1721 Mesa 17.53 3.00
1722 Weld 17.48 3.00
ELECTRICIAN:
Excludes Traffic Signalization
1723 Weld 33.45 7.58
Traffic Signalization
1724 Weld 25.84 6.66
General Decision No. CO140024
The wage and fringe benefits listed below do not reflect collectively bargained rates.
Cod
e Classification
Basic Hourly
Rate Fringe Benefits
Last
Mod
FENCE ERECTOR:
1725 Weld 17.46 3.47
GUARDRAIL INSTALLER:
1726 Larimer, Weld 12.89 3.39
HIGHWAY/PARKING LOT STRIPING:
Painter
1727 Larimer 14.79 3.98
1728 Mesa 14.75 3.21
1729 Weld 14.66 3.21
IRONWORKER:
Reinforcing (Excludes Guardrail Installation)
1730 Larimer, Weld 16.69 5.45
Structural (Excludes Guardrail Installation)
1731 Larimer, Weld 18.22 6.01
LABORER:
Asphalt Raker
1732 Larimer 18.66 4.66
1733 Weld 16.72 4.25
1734 Asphalt Shoveler 21.21 4.25
1735 Asphalt Spreader 18.58 4.65
1736 Common or General 16.29 4.25
1737 Concrete Saw (Hand Held) 16.29 6.14
1738 Landscape and Irrigation 12.26 3.16
1739 Mason Tender - Cement/Concrete 16.29 4.25
Pipelayer
1740 Larimer 17.27 3.83
1741 Mesa, Weld 16.23 3.36
1742 Traffic Control (Flagger) 9.55 3.05
General Decision No. CO140024
The wage and fringe benefits listed below do not reflect collectively bargained rates.
Cod
e Classification
Basic Hourly
Rate Fringe Benefits
Last
Mod
LABORER (con’t):
Traffic Control (Sets Up/Moves Barrels, Cones, Installs
signs, Arrow Boards and Place Stationary Flags),
(Excludes Flaggers)
1743 Larimer, Weld 12.43 3.22
1744 PAINTER (Spray Only) 16.99 2.87
POWER EQUIPMENT OPERATOR:
Asphalt Laydown
1745 Larimer 26.75 5.39
1746 Mesa, Weld 23.93 7.72
1747 Asphalt Paver 21.50 3.50
Asphalt Roller
1748 Larimer 23.57 3.50
1749 Mesa 24.25 3.50
1750 Weld 27.23 3.50
Asphalt Spreader
1751 Larimer 25.88 6.80
1752 Mesa, Weld 23.66 7.36
Backhoe/Trackhoe
1753 Larimer 21.46 4.85
1754 Mesa 19.81 6.34
1755 Weld 20.98 6.33
Bobcat/Skid Loader
1756 Larimer 17.13 4.46
1757 Mesa, Weld 15.37 4.28
1758 Boom 22.67 8.72
Broom/Sweeper
1759 Larimer 23.55 6.20
1760 Mesa 23.38 6.58
1761 Weld 23.23 6.89
General Decision No. CO140024
The wage and fringe benefits listed below do not reflect collectively bargained rates.
Cod
e Classification
Basic Hourly
Rate Fringe Benefits
Last
Mod
POWER EQUIPMENT OPERATOR (con’t):
Bulldozer
1762 Larimer, Weld 22.05 6.23
1763 Mesa 22.67 8.72
1764 Crane 26.75 6.16
Drill
1765 Larimer, Weld 31.39 0.00
1766 Mesa 35.06 0.00
1767 Forklift 15.91 4.68
Grader/Blade
1768 Larimer 24.82 5.75
1769 Mesa 23.42 9.22
1770 Weld 24.53 6.15
1771 Guardrail/Post Driver 16.07 4.41
1772 Loader (Front End)
1773 Larimer 20.45 3.50
1774 Mesa 22.44 9.22
1775 Weld 23.92 6.67
Mechanic
1776 Larimer 27.68 4.57
1777 Mesa 25.50 5.38
1778 Weld 24.67 5.68
Oiler
1779 Larimer 24.16 8.35
1780 Mesa 23.93 9.22
Roller/Compactor (Dirt and Grade Compaction)
1781 Larimer 23.67 8.22
1782 Mesa, Weld 21.33 6.99
General Decision No. CO140024
The wage and fringe benefits listed below do not reflect collectively bargained rates.
Cod
e Classification
Basic Hourly
Rate Fringe Benefits
Last
Mod
POWER EQUIPMENT OPERATOR (con’t.):
Rotomill
1783 Larimer 18.59 4.41
1784 Weld 16.22 4.41
Scraper
1785 Larimer 21.33 3.50
1786 Mesa 24.06 4.13
1787 Weld 30.14 1.40
Screed
1788 Larimer 27.20 5.52
1789 Mesa 27.24 5.04
1790 Weld 27.95 3.50
1791 Tractor 13.13 2.95
TRAFFIC SIGNALIZATION:
Groundsman
1792 Larimer 11.44 2.84
1793 Mesa 16.00 5.85
1794 Weld 16.93 3.58
TRUCK DRIVER:
Distributor
1795 Larimer 19.28 4.89
1796 Mesa 19.17 4.84
1797 Weld 20.61 5.27
Dump Truck
1798 Larimer 18.86 3.50
1799 Mesa 15.27 4.28
1800 Weld 15.27 5.27
General Decision No. CO140024
The wage and fringe benefits listed below do not reflect collectively bargained rates.
Cod
e Classification
Basic Hourly
Rate Fringe Benefits
Last
Mod
TRUCK DRIVER (con’t.):
Lowboy Truck
1801 Larimer 18.96 5.30
1802 Mesa, Weld 18.84 5.17
1803 Mechanic 26.48 3.50
Multi-Purpose Specialty & Hoisting Truck
1804 Larimer, Mesa 16.65 5.46
1805 Weld 16.87 5.56
1806 Pickup and Pilot Car 13.93 3.68
1807 Semi/Trailer Truck 18.39 4.13
1808 Truck Mounted Attenuator 12.43 3.22
Water Truck
1809 Larimer 19.14 4.99
1810 Mesa 15.96 5.27
1811 Weld 19.28 5.04
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
=========================================================================================
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award
only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)).
-------------------------------------------------------------------------------------------------------------------------------------------------------
In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained
wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.
-------------------------------------------------------------------------------------------------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the
Davis-Bacon survey program.
If the response from this initial contact is not satisfactory, then the process described in
2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of
Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and
reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).
Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any information (wage
payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review
Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION NO. CO140024
December 26, 2013
90
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
REQUIREMENTS
1. Overview
The Disadvantaged Business Enterprise (DBE) Program is a federally-mandated program that seeks to ensure
non-discrimination in the award of U.S. Department of Transportation (DOT)-assisted contracts and to create a
level playing field on which DBEs can compete fairly for DOT-assisted contracts. To such end, CDOT sets a
contract goal for DBE participation for each DOT-assisted Contract.
In order to be awarded the Contract, the bidder shall show that it has committed to DBE participation sufficient to
meet the goal or has otherwise made good faith efforts to do so. CDOT will amend the goal prior to award if the
lowest apparent bidder demonstrates that good faith efforts were made but sufficient commitments to meet the
goal could not be obtained.
CDOT will monitor the progress of the Contractor throughout the project to ensure that the Contractor’s DBE
commitments are being fulfilled. Modifications to the commitments must be approved by CDOT. CDOT may
withhold payment or seek other contractual remedies if the Contractor is not complying with the requirements of
this special provision. Upon completion of the Contract, CDOT may reduce the final payment to the Contractor if
the Contractor has failed to fulfill the commitments or made good faith efforts to meet the contract goal.
For general assistance regarding the DBE program and compliance, contact CDOT’s Civil Rights and Business
Resource Center (CRBRC) at (303)757-9234. For project specific issues, contact the Engineer.
All forms referenced herein can be found on the CDOT website in the forms library:
http://www.coloradodot.info/library/forms/cdot-forms-by-number
2. Contract Assurance
By submitting a proposal for this Contract, the bidder agrees to the following assurance and shall include it
verbatim in all (including non-DBE) subcontracts:
The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR
Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out
these requirements is a material breach of this contract, which may result in the termination of this contract or
such other remedy as CDOT deems appropriate.
3. Definitions
Terms not defined herein shall have the meaning provided in the CDOT Standard Specifications for Road and
Bridge Construction.
A. Commitment. A commitment is a portion of the Contract, identified by dollar amount and work area,
designated by the bidder or Contractor for participation by a particular DBE. Commitments are submitted
to CDOT via Form 1414, Anticipated DBE Participation Plan, or via Form 1420, DBE Plan Modification
Request. Once approved, commitments are obligations of the Contract that are enforceable by CDOT.
B. Commercially Useful Function (CUF). Responsibility for the execution of the work and carrying out such
responsibilities by actually performing, managing and supervising the work as further described in Section
8 below.
C. Contract Goal. The percentage of the contract designated by CDOT for DBE participation. The contract
goal for this contract is provided in the Project Special Provision Disadvantaged Business Enterprise
Contract Goal.
(1) The bidder/Contractor shall make good faith efforts to fulfill the contract goal with eligible DBE
participation. For determining whether the contract goal was met prior to award, the contract
goal shall be based upon the proposal amount excluding force account items. For
determining whether the contract goal was met during and upon completion of the project, the
contract goal shall be based upon the total earnings amount.
(2) If the lowest apparent bidder demonstrates that it was unable to meet the contract goal but
made good faith efforts to do so, the contract goal will be amended and the revised contract
goal will be provided on Form 1417, Approved DBE Participation Plan.
D. Disadvantaged Business Enterprise (DBE). A Colorado-certified Disadvantaged Business Enterprise
listed on the Colorado Unified Certification Program (UCP) DBE Directory at www.coloradodbe.org.
E. DBE Program Manual. The manual maintained by the CRBRC which details CDOT’s policies and
procedures for administering the DBE program. A copy of the DBE Program Manual is available on the
CRBRC webpage.
F. Eligible Participation. Work by a DBE that counts toward fulfillment of the contract goal as described in
Section 4 below.
G. Good Faith Efforts. All necessary and reasonable steps to achieve the contract goal which, by their
scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient
DBE participation, even if not fully successful. Good faith efforts are evaluated prior to award and
throughout performance of the Contract. For guidance on good faith efforts, see 49 CFR Part 26,
Appendix A.
H. Joint Check. A check issued by the Contractor or one of its subcontractors to a DBE firm and a material
supplier or other third party for materials or services to be incorporated into the work.
I. Reduction. A reduction occurs when the Contractor reduces a commitment to a DBE. A reduction
constitutes a partial termination.
J. Subcontractor. An individual, firm, corporation or other legal entity to whom the Contractor sublets part of
the Contract. For purposes of this special provision, the term subcontractor includes suppliers.
K. Substitution. Substitution occurs when a Contractor seeks to find another DBE to perform work on the
contract as a result of a reduction or termination.
L. Termination. A termination occurs when a Contractor no longer intends to use a DBE for fulfillment of a
commitment.
M. Total Earnings Amount: Amount of the Contract earned by the Contractor, including approved changes
and approved force account work performed, but not including any deductions for liquidated damages,
price reduced material, work time violations, overweight loads or liens. The amount of the Contract
earned does not include plan force account items (i.e. OJT, pavement incentives, etc).
N. Work Code. A code to identify the work that a DBE is certified to perform. A work code includes a six digit
North American Industry Classifications System code plus a descriptor. Work codes are listed on a firm’s
profile on the UCP DBE Directory. The Contractor may contact the CRBRC to receive guidance on
whether a work code covers the work to be performed.
4. Eligible Participation
The following rules will be used to determine whether work performed by a DBE qualifies as eligible participation
on the Contract:
A. Work Must be Identified in Commitment. The work performed by the DBE must be reasonably construed
to be included in the work area and work code identified by the Contractor in the approved commitment.
(1) If the Contractor intends to use a DBE for work that was not listed in the commitment, the
Contractor shall submit Form 1420, DBE Participation Plan Modification for approval of the
modification. Unapproved work will not count toward the contract goal.
(2) A DBE commitment cannot be modified to include work for which the DBE was not certified at
the time of the approval of the original commitment.
B. DBE Must be Certified to Perform the Work. The DBE must be certified to perform the work upon
submission of the commitment and upon execution of the DBE’s subcontract.
(1) When a commitment has been made, but upon review of Form 205 or 205B, Sublet Permit,
CDOT determines that the DBE is no longer certified in the work code which covers the work
to be performed, the Contractor may not use the DBE’s participation toward the contract goal.
The Contractor shall terminate the DBE commitment and seek substitute DBE participation in
accordance with Section 9 below.
(2) A DBE’s work will continue to count as eligible participation if the DBE was certified upon
approval of Form 205 or 205B, Sublet Permit and the certification status changes during the
performance of the work.
(3) Suppliers must be certified upon execution of the purchase order.
C. DBE Performs the Work. Eligible participation will only include work actually performed by the DBE with
its own forces.
(1) Work performed by the DBE includes the cost of supplies and materials obtained by the DBE
for its work on the Contract, including any equipment leased by the DBE, provided that such
supplies or equipment are not purchased or leased from the Contractor or a subcontractor
that is subletting to the DBE.
(2) If CDOT determines that a DBE has not performed a CUF on the project, no participation by
such DBE shall count toward the contract goal.
D. DBE Subcontracts to Another Firm. When a DBE subcontracts part of the work, the value of the
subcontracted work may only be counted toward the goal if the subcontractor is a DBE. Performance by
non-DBE subcontractors, including non-DBE trucking firms and owner-operators, shall be deducted from
the DBE’s participation.
E. DBE Received Payment for the Work. Eligible participation only includes work for which the DBE has
received payment, including the release of its retainage.
F. Special Calculations for Suppliers. When a DBE supplies goods on a project, the DBE may be classified
as a manufacturer, dealer or broker. The DBE’s status as a manufacturer, dealer or broker is determined
on a contract-by-contract basis and is based upon the actual work performed.
(1) When a DBE is deemed to be acting as a manufacturer, one hundred percent of the
commitment will count as eligible participation.
(2) When a DBE is deemed to be acting as a regular dealer (i.e. non-manufacturer supplier), only
sixty percent of the commitment will count as eligible participation.
(3) When a DBE is deemed to be acting as a broker, only the reasonable brokerage fee will
count as eligible participation.
G. Reasonable Fee for Contract-Specific Services. Services shall count toward the contract goal only if they
are specifically required for the performance of the Contract. Non-contract specific expenses may not be
counted toward the contract goal. Fees for services must be reasonable. Services include but are not
limited to professional services, public involvement, etc. In the case of temporary employment placement
agencies, only the placement fee for an individual to be specifically and exclusively used for work on the
contract shall count as eligible participation.
H. Pre-Approval for Joint Venture Participation. When a DBE is a participant in a joint venture, the DBE
must apply to CDOT to determine how much of the work performed by the joint venture will count toward
the contract goal. The DBE shall complete Form 893, Information for Determining DBE Participation
when a Joint Venture Includes a DBE. Form 893 shall be submitted to CDOT no less than ten days
before the submission of the Proposal to ensure sufficient time for review.
5. Proposal Requirements
In order to be eligible for award, the following shall be submitted with the proposal, or, for electronic bidders, via
email to cdot_hq_dbeforms@state.co.us by the proposal submission deadline. In order to avoid an error within
the electronic bidding system, electronic bidders shall also enter the total percentage of anticipated eligible DBE
participation into the Form 714 and electronically sign the form.
A. Form 1413, Bidders List. The bidder shall list each subcontractor (including both DBE and non-DBE
subcontractors) that submitted a quote for participation on the project. Failure to submit a signed Form
1413 will result in rejection of the proposal.
B. Form 1414, Anticipated DBE Participation Plan. If the Contract Goal is greater than zero, the bidder shall
submit Form 1414 to document anticipated DBE participation.
(1) If the Bidder has not obtained any DBE commitments, it shall still submit Form 1414 documenting
zero anticipated participation. If the Contract Goal is greater than zero, failure to submit a signed
Form 1414 shall result in rejection of the proposal.
(2) The bidder shall list the DBE, work area(s), commitment amount and estimated eligible
participation for each commitment. Once Form 1414 is submitted, a commitment may only be
terminated or reduced in accordance with Section 9 below. The bidder is responsible for
ensuring that commitments, and the estimated eligible participation resulting therefrom, have
been properly calculated prior to submitting its proposal.
(3) If the bidder is a DBE, the bidder must include itself in Form 1414 and list the work area(s) and
amount that it intends to self-perform and count as eligible participation on the contract.
(4) Commitments may be made to second tier or lower DBE subcontractors; however, the Contractor
is ultimately responsible for the fulfillment of the commitment and shall sign the Form 1415,
Commitment Confirmation.
6. Additional Forms Due Prior to Award.
If the contract goal is greater than zero, or if the bidder has voluntarily made commitments, the Bidder shall
submit the following forms within five calendar days of selection as the lowest apparent bidder:
A. Form 1415, Commitment Confirmation. A Form 1415, Commitment Confirmation shall be obtained from
each DBE listed on Form 1414. The bidder shall complete Section 1 and the DBE shall complete
Section 2 of Form 1415. Form 1415s shall be consistent with the commitments listed on Form 1414. The
bidder shall not modify commitments listed on Form 1414 without good cause and approval from CDOT.
The bidder shall contact CDOT if any issues arise which may require the bidder to alter or terminate a
commitment.
B. Form 1416, Good Faith Effort Report. If the total eligible participation listed on Form 1414 does not meet
the contract goal, the lowest apparent bidder shall also submit Form 1416, Good Faith Effort Report and
any supporting documentation that the bidder would like considered by CDOT as evidence of good faith
efforts.
7. Commitment and Good Faith Effort Review
A. Commitment Review. CDOT will evaluate the Form 1414 and each Form 1415 to ensure that it the
commitment is valid and has been properly calculated. CDOT may investigate or request additional
information in order to confirm the accuracy of a commitment. If CDOT determines that the total
estimated eligible participation of the commitments does not meet the contract goal, within two business
days of notice from CDOT or within the original five calendar day deadline, whichever is later, the bidder
shall submit Form 1416 to CDOT.
B. Good Faith Effort Review. If the total eligible participation of Form 1414 and all supporting Form 1415s
does not meet the contract goal, CDOT will review Form 1416 and all supporting documentation
submitted by the bidder in order to determine whether the bidder has demonstrated good faith efforts to
obtain DBE participation. CDOT will use 49 CFR Part 26, Appendix A as a guide for determining
whether the bidder made good faith efforts to meet the contract goal. A bidder will be deemed to not
have made good faith efforts if the bidder lists a DBE for a work area for which the DBE is not certified
and the bidder cannot establish a reasonable basis for its determination. CDOT may consider and
approve commitments made after submission of the bid if the Bidder demonstrates that (1) good faith
efforts were made prior to submission of the bid and (2) there is a reasonable justification for not
obtaining the commitments prior to submission of the bid.
C. Administrative Reconsideration. If CDOT determines that the bidder did not demonstrate good faith
efforts to meet the contract goal, it will provide the bidder with written notice of its determination and an
opportunity to appeal. The process for reconsideration is set forth in the Good Faith Effort Appeal
Process, which is an Appendix I to the DBE Program Manual. A copy of the Good Faith Effort Appeal
Process will be included in the written notice from CDOT.
D. Form 1417, Approved DBE Participation Plan. If CDOT determines that the bidder has met the contract
goal or made good faith efforts to do so, CDOT will issue Form 1417, Approved DBE Participation Plan,
documenting the approved commitments. If CDOT determines that the bidder did not meet the contract
goal but made good faith efforts to do so, via the Form 1417 CDOT will amend the contract goal in
accordance with the commitments that were obtained and attach an explanation of its determination.
8. Ongoing Oversight of DBE Participation
A. Consistency Review. CDOT will review Form 205 or 205B, Sublet Permit Application to determine
whether the work being sublet is consistent with the DBE commitments. CDOT may withhold approval of
the sublet or stop performance of the work if the Contractor has reduced, terminated, or otherwise
modified the type or amount of work to be performed by a DBE without seeking prior approval.
B. Form 1419, DBE Participation Report. The Contractor shall submit Form 1419, DBE Participation Report
to the Engineer on a quarterly basis (January 15, April 15, July 15, and October 15) and upon completion
of the Contract. CDOT may withhold progress payments if the quarterly Form 1419 is not received on
time. CDOT will not provide final payment on the Contract in accordance with subsection 109.09 of
CDOT’s Standard Specifications for Road and Bridge Construction until the final Form 1419 has been
reviewed and approved.
C. Joint Checks. All joint checks must be approved by CDOT before they are used in payment to a DBE.
Joint checks used in payments to DBEs will be monitored closely to ensure (1) the DBE is performing a
CUF and (2) the joint checks are not being used in a discriminatory manner. The Contractor shall request
approval for the use of a joint check in a written letter signed by the DBE and the Contractor, stating the
reason for the joint checks and the approximate number of checks that will be needed.
D. Commercially Useful Function. CDOT will monitor performance during the Contract to ensure each DBE
is performing a CUF. If CDOT determines that a DBE is not performing a CUF, no work performed by
such DBE shall count as eligible participation. The DBE, Contractor, and any other involved third parties
may also be subject to additional enforcement actions.
(1) When determining whether a DBE is performing a CUF, CDOT will consider the amount of work
subcontracted, industry practices, the amount the firm is to be paid compared to the work
performed and eligible participation claimed, and any other relevant factors.
(2) With respect to material and supplies used on the Contract, in order to perform a CUF the DBE
must be responsible for negotiating price, determining quality and quantity, ordering the material,
installing the material, if applicable, and paying for the material itself.
(3) With respect to trucking, in order to perform a CUF, the DBE trucking firm must own and operate at
least one fully licensed, insured and operational truck used on the Contract. Additionally, the DBE
trucking firm must be responsible for the management and supervision of the entire trucking
operation for which it is responsible on the Contract.
(4) A DBE does not perform a CUF when its role is limited to that of an extra participant in a
transaction, contract or project through which funds are passed in order to obtain the appearance of
DBE participation. CDOT will evaluate similar transactions involving non-DBEs in order to
determine whether a DBE is an extra participant.
(5) If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its
contract with its own work force, or the DBE subcontracts a greater portion of the work than would
be expected on the basis of normal industry practice for the type of work involved, CDOT will
presume that the DBE is not performing a CUF. The DBE may present evidence to rebut this
presumption.
(6) If the Contractor disagrees with CDOT’s determination regarding CUF, in accordance with 49 CFR
26.55 the Contractor may seek review of the determination by the applicable USDOT operating
administration, however, CUF determination is not subject to administrative appeal.
9. DBE Participation Plan Modifications
A. Form 1420, DBE Participation Plan Modification Request. During the performance of the Contract, the
Contractor shall use Form 1420, DBE Participation Plan Modification Request to communicate all
requests for termination, reduction, substitution, and waivers to CDOT. One Form 1420 may include
multiple requests and must be submitted at the time of the occurrence or, if that is not possible, within a
reasonable time of the occurrence requiring termination, reduction, substitution or waiver.
B. Commitment Terminations and Reductions. No commitment shall be terminated or reduced without
CDOT’s approval. Terminations and reductions include, but are not limited to, instances in which a
Contractor seeks to perform work originally designated for a DBE subcontractor with its own forces, those
of an affiliate, a non-DBE firm or with another DBE firm. In order to receive approval, the Contractor shall:
(1) Have good cause for termination or reduction. Good cause may include:
(i) the DBE fails or refuses to execute a written contract;
(ii) the DBE fails or refuses to perform the work of its subcontract consistent with normal industry
standards, provided that such failure is not the result of bad faith or discriminatory actions of
the Contractor or one of its subcontractors;
(iii) the DBE fails to meet reasonable, nondiscriminatory bond requirements;
(iv) the DBE becomes bankrupt, insolvent, or exhibits credit unworthiness;
(v) the DBE is ineligible to work because of suspension or debarment proceedings or other state
law;
(vi) the DBE is not a responsible contractor;
(vii) the DBE voluntarily withdraws from the project and provides written notice to CDOT,
(viii) the DBE is ineligible to receive DBE credit for the work required;
(ix) the DBE owner dies or becomes disabled and is unable to complete the work;
(x) the DBE ceases business operations or otherwise dissolves;
(xi) or other documented good cause that compels termination. Good cause does not exist if the
Contractor seeks to terminate a DBE it relied upon to obtain the contract so that the Contractor
can self-perform the work for which the DBE was engaged or so that the Contractor can
substitute another DBE or non-DBE contractor after contract award.
(2) Provide the DBE notice of the Contractor’s intent to terminate or reduce the commitment and the
reason for such termination or reduction, with a copy to CDOT;
(3) In the notice of intent, provide the DBE at least five calendar days to respond to the notice and
inform CDOT and the Contractor of the reasons, if any, why it objects to the proposed termination
or reduction and any reasons that it shall not be approved. The Contractor is not required to
provide the five calendar days written notice in cases where the DBE in question has provided
written notice that it is withdrawing from the subcontract or purchase order. The notice period
may be reduced by CDOT if required by public necessity.
(4) Following the notice period, if the Contractor decides to proceed, submit Form 1420 requesting
approval of the termination or reduction.
(5) When a commitment is terminated or reduced (including when a DBE withdraws), make good
faith efforts to find another DBE to substitute. These good faith efforts shall be directed at finding
another DBE to perform at least the same amount of work under the contract as the participation
that was terminated or reduced up to the contract goal.
C. Contract Changes. In the event of a contract change:
(1) If CDOT eliminates or reduces work committed to a DBE, such change shall be considered good
cause for termination or reduction in accordance with Section 9.B above. The Contractor shall
follow the processes outlined in Section 9.B but is not required to substitute. If the change
reduces the Contractor’s DBE participation to below the contract goal, the Contractor shall
indicate so on a Form 1420 and request a waiver of the unmet participation.
(2) If CDOT issues a change which increases or adds new work items, the Contractor shall ensure
that it has obtained sufficient DBE participation to meet the Contract Goal, or has made good faith
efforts to do so.
D. Process for Substitution or Increase in Participation to Meet the Contract Goal. When the Contractor
must obtain additional DBE participation to meet the Contract Goal, whether resulting from an approved
termination or reduction or a change to the Contract, the Contractor shall:
(1) Increase the participation of a DBE for any work items previously identified in an approved
commitment without seeking CDOT approval; provided, however, that at its discretion, CDOT
may request a Form 1420 documenting such additional participation; or
(2) If the Contractor needs to add new work to a commitment or obtain additional participation from a
DBE that is not already participating on the contract pursuant to an approved commitment, submit
a Form 1420 and Form 1415 requesting approval of the additional participation; or
(3) If the Contractor determines that additional DBE participation cannot be obtained, submit a Form
1420 requesting waiver of the participation. The Contractor shall include its justification for not
obtaining additional participation and, at its discretion, CDOT may require additional information
regarding the efforts of the Contractor.
10. Payment Reduction
The Contractor’s retainage will not be released until CDOT has determined whether the Contractor will be subject
to a payment reduction. Payment reductions will be calculated as follows:
A. Failure to Fulfill Commitments. If the Contractor terminated or reduced a commitment, the Contractor will
be subject to a payment reduction for any termination or reduction which was not approved via a Form
1420.
B. Failure to Meet Contract Goal. If the Contractor failed to meet the contract goal, the Contractor will be
subject to a payment reduction for the portion of the contract goal that was not met and was not waived
via an approved Form 1420.
C. Duplication. The contractor will not be subject to duplicate reduction for the same offense.
D. Adjustments. CDOT may adjust the payment reduction wherein the Contractor demonstrates that its
failure to obtain DBE participation was due to circumstances outside of its control.
11. Other Enforcement
A. Investigations. As it determines necessary, CDOT may conduct reviews or investigations of participants.
All participants, including, but not limited to, DBE firms and applicants for DBE certification, complainants,
and contractors using DBE firms to meet contract goals, are required to cooperate fully and promptly with
compliance reviews, certification reviews, investigations, and other requests for information.
B. Intimidation and retaliation. Participants shall not intimidate, threaten, coerce, or discriminate against any
individual or firm for the purpose of interfering with any right or privilege secured by the DBE program or
because the individual or firm has made a complaint, testified, assisted, or participated in any manner in
an investigation, proceeding, or hearing under the DBE program.
C. Consequences of Non-Compliance. Failure to comply with subsections 11 A. or 11 B. shall be a ground
for appropriate action against the party involved (e.g., with respect to recipients, a finding of
noncompliance; with respect to DBE firms, denial of certification or removal of eligibility and/or suspension
and debarment; with respect to a complainant or appellant, dismissal of the complaint or appeal; with
respect to a contractor which uses DBE firms to meet goals, findings of non-responsibility for future
contracts and/or suspension and debarment).
D. Fraud and Misrepresentation. If CDOT determines that a Contractor or subcontractor was a knowing and
willing participant in any intended or actual subcontracting arrangement contrived to artificially inflate DBE
participation or any other business arrangement determined by CDOT to be unallowable, or if the
Contractor engages in repeated violations, falsification or misrepresentation, CDOT may:
(1) refuse to count any fraudulent or misrepresented DBE participation;
(2) withhold progress payments to the Contractor commensurate with the violation;
(3) suspend or reduce the Contractor’s prequalification status;
(4) refer the matter to the Office of Inspector General of the US Department of Transportation for
investigation; or
(5) seek any other available contractual remedy.
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FHWA-1273 Electronic version -- March 10, 1994 REQUIRED CONTRACT
PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS
Page
I. General………..……………………………………………………………………….……..……………..1
II. Nondiscrimination……………………………………………………………...…..……….…………..….1
III. Nonsegrated Facilities………………………………………………………..…….………..…………3
IV. Payment of Predetermined Minimum Wage………………………………………………..………….. 3
V. Statements and Payrolls…….………………………………………………………………....……… 6
VI. Record of Materials, Supplies, and Labor.…..………………………………………………...…….….6
VII. GeneralSubletting or Assigning the Contract……………………………….…………………..……...7
VIII. Safety: Accident Prevention…………………………………………………………………………… 7
IX. False Statements Concerning Highway Projects. ………………………………………………….…7
X. Implementation of Clean Air Act and Federal Water Pollution Control Act…….………………… 8
XI. Certification Regarding Debarment, Suspension Ineligibility, and Voluntary Exclusion….………...8
XII. Certification Regarding Use of Contract Funds for Lobbying.…………………………………………9
ATTACHMENTS
A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only)
I. GENERAL
1. These contract provisions shall apply to all work performed on the contract by the contractor's own
organization and with the assistance of workers under the contractor's immediate superintendence and
to all work performed on the contract by piecework, station work, or by subcontract.
2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all
of the stipulations contained in these Required Contract Provisions, and further require their inclusion in
any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provi-
sions shall not be incorporated by reference in any case. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions.
3. A breach of any of the stipulations contained in these Required Contract Provisions shall be
sufficient grounds for termination of the contract.
4. A breach of the following clauses of the Required Contract Provisions may also be grounds for
debarment as provided in 29 CFR 5.12:
Section I, paragraph 2;
Section IV, paragraphs 1, 2, 3, 4, and 7;
Section V, paragraphs 1 and 2a through 2g.
5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and
Section V of these Required Contract Provisions shall not be subject to the general disputes clause of
this contract. Such disputes shall be resolved in accordance with the procedures of the U.S.
Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this
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clause include disputes between the contractor (or any of its subcontractors) and the contracting
agency, the DOL, or the contractor's employees or their representatives.
6. Selection of Labor: During the performance of this contract, the contractor shall not:
a. discriminate against labor from any other State, possession, or territory of the United States
(except for employment preference for Appalachian contracts, when applicable, as specified in
Attachment A), or
b. employ convict labor for any purpose within the limits of the project unless it is labor performed by
convicts who are on parole, supervised release, or probation.
II. NONDISCRIMINATION
(Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.)
1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to
discriminate and to take affirmative action to assure equal opportunity as set forth under laws,
executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the
Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23
U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's
project activities under this contract. The Equal Opportunity Construction Contract Specifications set
forth under 41 CFR 60-
4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under
28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this
contract, the contractor agrees to comply with the following minimum specific requirement activities of
EEO:
a. The contractor will work with the State highway agency (SHA) and the Federal Government in
carrying out EEO obligations and in their review of his/her activities under the contract.
b. The contractor will accept as his operating policy the following statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are
treated during employment, without regard to their race, religion, sex, color, national origin, age or
disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship, pre apprenticeship, and/or on-the-job training."
2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an
EEO Officer who will have the responsibility for and must be capable of effectively administering and
promoting an active contractor program of EEO and who must be assigned adequate authority and
responsibility to do so.
3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, super-
vise, promote, and discharge employees, or who recommend such action, or who are substantially
involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy
and contractual responsibilities to provide EEO in each grade and classification of employment. To
ensure that the above agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the
start of work and then not less often than once every six months, at which time the contractor's EEO
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policy and its implementation will be reviewed and explained. The meetings will be conducted by the
EEO Officer.
b. All new supervisory or personnel office employees will be given a thorough indoctrination by the
EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following
their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO
Officer in the contractor's procedures for locating and hiring minority group employees.
d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily
accessible to employees, applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to implement such policy will be brought to the
attention of employees by means of meetings, employee handbooks, or other appropriate means.
4. Recruitment: When advertising for employees, the contractor will include in all advertisements for
employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in
publications having a large circulation among minority groups in the area from which the project work
force would normally be derived.
a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and
direct recruitment through public and private employee referral sources likely to yield qualified minority
group applicants. To meet this requirement, the contractor will identify sources of potential minority
group employees, and establish with such identified sources procedures whereby minority group
applicants may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall
referrals, he is expected to observe the provisions of that agreement to the extent that the system
permits the contractor's compliance with EEO contract provisions. (The DOL has held that where
implementation of such agreements have the effect of discriminating against minorities or women, or
obligates the contractor to do the same, such implementation violates Executive Order 11246, as
amended.)
c. The contractor will encourage his present employees to refer minority group applicants for
employment. Information and procedures with regard to referring minority group applicants will be
discussed with employees.
5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and
administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer,
demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national
origin, age or disability. The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to insure that working conditions
and employee facilities do not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid within each classification to
determine any evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel
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actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the
contractor will promptly take corrective action. If the review indicates that the discrimination may extend
beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the
contractor in connection with his obligations under this contract, will attempt to resolve such complaints,
and will take appropriate corrective action within a reasonable time. If the investigation indicates that
the discrimination may affect persons other than the complainant, such corrective action shall include
such other persons. Upon completion of each investigation, the contractor will inform every
complainant of all of his avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and
women employees, and applicants for employment.
b. Consistent with the contractor's work force requirements and as permissible under Federal and
State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and
on-the-job training programs for the geographical area of contract performance. Where feasible, 25
percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or
training. In the event a special provision for training is provided under this contract, this subparagraph
will be superseded as indicated in the special provision.
c. The contractor will advise employees and applicants for employment of available training programs
and entrance 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.
7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the
contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities
for minority groups and women within the unions, and to effect referrals by such unions of minority and
female employees. Actions by the contractor either directly or through a contractor's association acting
as agent will include the procedures set forth below:
a. The contractor will use best efforts to develop, in cooperation with the unions, joint training
programs aimed toward qualifying more minority group members and women for membership in the
unions and increasing the skills of minority group employees and women so that they may qualify for
higher paying employment.
b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the
end that such union will be contractually bound to refer applicants without regard to their race, color,
religion, sex, national origin, age or disability.
c. The contractor is to obtain information as to the referral practices and policies of the labor union
except that to the extent such information is within the exclusive possession of the labor union and such
labor union refuses to furnish such information to the contractor, the contractor shall so certify to the
SHA and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of minority and
women referrals within the time limit set forth in the collective bargaining agreement, the contractor will,
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through independent recruitment efforts, fill the employment vacancies without regard to race, color,
religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable
minority group persons and women. (The DOL has held that it shall be no excuse that the union with
which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer
minority employees.) In the event the union referral practice prevents the contractor from meeting the
obligations pursuant to Executive Order 11246, as amended, and these special provisions, such
contractor shall immediately notify the SHA.
8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The
contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or
disability in the selection and retention of subcontractors, including procurement of materials and leases
of equipment.
a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations
under this contract.
b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity
to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The
contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or
subcontractors with meaningful minority group and female representation among their employees.
Contractors shall obtain lists of DBE construction firms from SHA personnel.
c. The contractor will use his best efforts to ensure subcontractor compliance with their EEO
obligations.
9. Records and Reports: The contractor shall keep such records as necessary to document
compliance with the EEO requirements. Such records shall be retained for a period of three years
following completion of the contract work and shall be available at reasonable times and places for
inspection by authorized representatives of the SHA and the FHWA.
a. The records kept by the contractor shall document the following:
(1) The number of minority and non-minority group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation with unions, when applicable, to increase
employment opportunities for minorities and women;
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading
minority and female employees; and
(4) The progress and efforts being made in securing the services of DBE subcontractors or
subcontractors with meaningful minority and female representation among their employees.
b. The contractors will submit an annual report to the SHA each July for the duration of the project,
indicating the number of minority, women, and non-minority group employees currently engaged in
each work classification required by the contract work. This information is to be reported on Form
FHWA-1391. If on-the job training is being required by special provision, the contractor will be required
to collect and report training data.
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III. NONSEGREGATED FACILITIES
(Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or
more.)
a. By submission of this bid, the execution of this contract or subcontract, or the consummation of
this material supply agreement or purchase order, as appropriate, the bidder, Federal-aid construction
contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not
maintain or provide for its employees any segregated facilities at any of its establishments, and that the
firm does not permit its employees to perform their services at any location, under its control, where
segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of
the EEO provisions of this contract. The firm further certifies that no employee will be denied access to
adequate facilities on the basis of sex or disability.
b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas,
restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms, and other
storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transpor-
tation, and housing facilities provided for employees which are segregated by explicit directive, or are,
in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of
habit, local custom, or otherwise. The only exception will be for the disabled when the demands for
accessibility override (e.g. disabled parking).
c. The contractor agrees that it has obtained or will obtain identical certification from proposed
subcontractors or material suppliers prior to award of subcontracts or consummation of material supply
agreements of $10,000 or more and that it will retain such certifications in its files.
IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
(Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts,
except for projects located on roadways classified as local roads or rural minor collectors, which are
exempt.)
1. General:
a. All mechanics and laborers employed or working upon the site of the work will be paid
unconditionally and not less often than once a week and without subsequent deduction or rebate on
any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the
Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide
fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed
at wage rates not less than those contained in the wage determination of the Secretary of Labor
(hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of
any contractual relationship which may be alleged to exist between the contractor or its subcontractors
and such laborers and mechanics. The wage determination (including any additional classifications
and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or
Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the
work in a prominent and accessible place where it can be easily seen by the workers. For the purpose
of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under
Section 1(b)(2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject to the provisions of Section IV,
paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs
incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or
programs, which cover the particular weekly period, are deemed to be constructively made or incurred
during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and
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fringe benefits on the wage determination for the classification of work actually performed, without
regard to skill, except as provided in paragraphs 4 and 5 of this Section IV.
b. Laborers or mechanics performing work in more than one classification may be compensated at
the rate specified for each classification for the time actually worked therein, provided, that the
employer's payroll records accurately set forth the time spent in each classification in which work is
performed.
c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1, 3, and
5 are herein incorporated by reference in this contract.
2. Classification:
a. The SHA contracting officer shall require that any class of laborers or mechanics employed under
the contract, which is not listed in the wage determination, shall be classified in conformance with the
wage determination.
b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only
when the following criteria have been met:
(1) the work to be performed by the additional classification requested is not performed by a
classification in the wage determination;
(2) the additional classification is utilized in the area by the construction industry;
(3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination; and
(4) with respect to helpers, when such a classification prevails in the area in which the work is
performed.
c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be
employed in the additional classification or their representatives, and the contracting officer agree on
the classification and wage rate (including the amount designated for fringe benefits where
appropriate), a report of the action taken shall be sent by the contracting officer to the DOL,
Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C.
20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or
disapprove every additional classification action within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 30-day period that additional time is necessary.
d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be
employed in the additional classification or their representatives, and the contracting officer do not
agree on the proposed classification and wage rate (including the amount designated for fringe
benefits, where appropriate), the contracting officer shall refer the questions, including the views of all
interested parties and the recommendation of the contracting officer, to the Wage and Hour Administra-
tor for determination. Said Administrator, or an authorized representative, will issue a determination
within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within
the 30-day period that additional time is necessary
e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c
or 2d of this Section IV shall be paid to all workers performing work in the additional classification from
the first day on which work is performed in the classification.
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3. Payment of Fringe Benefits:
a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as
appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona
fide fringe benefit or an hourly case equivalent thereof.
b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other
third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any
costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided,
that the Secretary of Labor has found, upon the written request of the contractor, that the applicable
standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor
to set aside in a separate account assets for the meeting of obligations under the plan or program.
4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers:
a. Apprentices:
(1) Apprentices will be permitted to work at less than the predetermined rate for the work they
performed when they are employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a
person is employed in his/her first 90 days of probationary employment as an apprentice in such an
apprenticeship program, who is not individually registered in the program, but who has been certified by
the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be
eligible for probationary employment as an apprentice.
(2) The allowable ratio of apprentices to journeyman-level employees on the job site in any craft
classification shall not be greater than the ratio permitted to the contractor as to the entire work force
under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not
registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate
listed in the wage determination for the classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the wage determination for the work actually
performed. Where a contractor or subcontractor is performing construction on a project in a locality
other than that in which its program is registered, the ratios and wage rates (expressed in percentages
of the journeyman-level hourly rate) specified in the contractor's or subcontractor's registered program
shall be observed.
(3) Every apprentice must be paid at not less than the rate specified in the registered program for
the apprentice's level of progress, expressed as a percentage of the journeyman-level hourly rate
specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance
with the provisions of the apprenticeship program. If the apprenticeship program does not specify
fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. If the Administrator for the Wage and Hour Division
determines that a different practice prevails for the applicable apprentice classification, fringes shall be
paid in accordance with that determination.
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(4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency
recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or
subcontractor will no longer be permitted to utilize apprentices at less than the applicable
predetermined rate for the comparable work performed by regular employees until an acceptable
program is approved.
b. Trainees:
(1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification by the
DOL, Employment and Training Administration.
(2) The ratio of trainees to journeyman-level employees on the job site shall not be greater than
permitted under the plan approved by the Employment and Training Administration. Any employee
listed on the payroll at a trainee rate who is not registered and participating in a training plan approved
by the Employment and Training Administration shall be paid not less than the applicable wage rate on
the wage determination for the classification of work actually performed. In addition, any trainee
performing work on the job site in excess of the ratio permitted under the registered program shall be
paid not less than the applicable wage rate on the wage determination for the work actually performed.
(3) Every trainee must be paid at not less than the rate specified in the approved program for
his/her level of progress, expressed as a percentage of the journeyman-level hourly rate specified in
the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees
shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator
of the Wage and Hour Division determines that there is an apprenticeship program associated with the
corresponding journeyman-level wage rate on the wage determination which provides for less than full
fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as
apprentices.
(4) In the event the Employment and Training Administration withdraws approval of a training
program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an acceptable program is approved.
c. Helpers:
Helpers will be permitted to work on a project if the helper classification is specified and defined on
the applicable wage determination or is approved pursuant to the conformance procedure set forth in
Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a
approved definition, shall be paid not less than the applicable wage rate on the wage determination for
the classification of work actually performed.
5. Apprentices and Trainees (Programs of the U.S. DOT):
Apprentices and trainees working under apprenticeship and skill training programs which have been
certified by the Secretary of Transportation as promoting EEO in connection with Federal-
aid highway construction programs are not subject to the requirements of paragraph 4 of this Section
IV. The straight time hourly wage rates for apprentices and trainees under such programs will be
established by the particular programs. The ratio of apprentices and trainees to journeymen shall not
be greater than permitted by the terms of the particular program.
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6. Withholding:
The SHA shall upon its own action or upon written request of an authorized representative of the
DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any
other Federal contract with the same prime contractor, or any other Federally-assisted contract subject
to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, as much of
the accrued payments or advances as may be considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full
amount of wages required by the contract. In the event of failure to pay any laborer or mechanic,
including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of
the wages required by the contract, the SHA contracting officer may, after written notice to the
contractor, take such action as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds until such violations have ceased.
7. Overtime Requirements:
No contractor or subcontractor contracting for any part of the contract work which may require or
involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees,
and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic,
watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of
40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation
at a rate not less than one-and-one-half times his/her basic rate of pay for all hours worked in excess of
40 hours in such workweek.
8. Violation:
Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth
in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the
affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be
liable to the United States (in the case of work done under contract for the District of Columbia or a
territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be
computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation
of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee
was required or permitted to work in excess of the standard work week of 40 hours without payment of
the overtime wages required by the clause set forth in paragraph 7.
9. Withholding for Unpaid Wages and Liquidated Damages:
The SHA shall upon its own action or upon written request of any authorized representative of the
DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same prime
contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in paragraph 8 above.
V. STATEMENTS AND PAYROLLS
(Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts,
except for projects located on roadways classified as local roads or rural collectors, which are exempt.)
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1. Compliance with Copeland Regulations (29 CFR 3):
The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein
incorporated by reference.
2. Payrolls and Payroll Records:
a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcon-
tractor during the course of the work and preserved for a period of 3 years from the date of completion
of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards
working at the site of the work.
b. The payroll records shall contain the name, social security number, and address of each such
employee; his or her correct classification; hourly rates of wages paid (including rates of contributions
or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in
Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions
made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a
notation indicating whether the employee does, or does not, normally reside in the labor area as
defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV,
paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of
the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that the plan or program is financially responsible,
that the plan or program has been communicated in writing to the laborers or mechanics affected, and
show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontrac-
tors employing apprentices or trainees under approved programs shall maintain written evidence of the
registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable
programs.
c. Each contractor and subcontractor shall furnish, each week in which any contract work is
performed, to the SHA resident engineer a payroll of wages paid each of its employees (including
apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and
guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set
out accurately and completely all of the information required to be maintained under paragraph 2b of
this Section V. This information may be submitted in any form desired. Optional Form WH-347 is
available for this purpose and may be purchased from the Superintendent of Documents (Federal stock
number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime
contractor is responsible for the submission of copies of payrolls by all subcontractors.
d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
contractor or subcontractor or his/her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
(1) that the payroll for the payroll period contains the information required to be maintained under
paragraph 2b of this Section V and that such information is correct and complete;
(2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the
contract during the payroll period has been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made either directly or indirectly from the full
wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3;
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(3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe
benefits or cash equivalent for the classification of worked performed, as specified in the applicable
wage determination incorporated into the contract.
e. The weekly submission of a properly executed certification set forth on the reverse side of Optional
Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required
by paragraph 2d of this Section V.
f. The falsification of any of the above certifications may subject the contractor to civil or criminal
prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.
g. The contractor or subcontractor shall make the records required under paragraph 2b of this
Section V available for inspection, copying, or transcription by authorized representatives of the SHA,
the FHWA, or the DOL, and shall permit such representatives to interview employees during working
hours on the job. If the contractor or subcontractor fails to submit the required records or to make them
available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor,
applicant, or owner, take such actions as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon
request or to make such records available may be grounds for debarment action pursuant to 29 CFR
5.12.
VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR
1. On all Federal-aid contracts on the National Highway System, except those which provide solely
for the installation of protective devices at railroad grade crossings, those which are constructed on a
force account or direct labor basis, highway beautification contracts, and contracts for which the total
final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor
shall:
a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47,
"Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal
Funds," prior to the commencement of work under this contract.
b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in
the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47,
and in the units shown on Form FHWA-47.
c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47
together with the data required in paragraph 1b relative to materials and supplies, a final labor summary
of all contract work indicating the total hours worked and the total amount earned.
2. At the prime contractor's option, either a single report covering all contract work or separate reports
for the contractor and for each subcontract shall be submitted.
VII. SUBLETTING OR ASSIGNING THE CONTRACT
1. The contractor shall perform with its own organization contract work amounting to not less than 30
percent (or a greater percentage if specified elsewhere in the contract) of the total original contract
price, excluding any specialty items designated by the State. Specialty items may be performed by
subcontract and the amount of any such specialty items performed may be deducted from the total
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original contract price before computing the amount of work required to be performed by the
contractor's own organization (23 CFR 635).
a. "Its own organization" shall be construed to include only workers employed and paid directly by the
prime contractor and equipment owned or rented by the prime contractor, with or without operators.
Such term does not include employees or equipment of a subcontractor, assignee, or agent of the
prime contractor.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized
knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations
qualified and expected to bid on the contract as a whole and in general are to be limited to minor
components of the overall contract.
2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is
computed includes the cost of material and manufactured products which are to be purchased or
produced by the contractor under the contract provisions.
3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the
firm, has full authority to direct performance of the work in accordance with the contract requirements,
and is in charge of all construction operations (regardless of who performs the work) and (b) such other
of its own organizational resources (supervision, management, and engineering services) as the SHA
contracting officer determines is necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written
consent of the SHA contracting officer, or authorized representative, and such consent when given
shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract.
Written consent will be given only after the SHA has assured that each subcontract is evidenced in
writing and that it contains all pertinent provisions and requirements of the prime contract.
VIII. SAFETY: ACCIDENT PREVENTION
1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and
local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all
safeguards, safety devices and protective equipment and take any other needed actions as it
determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the
life and health of employees on the job and the safety of the public and to protect property in
connection with the performance of the work covered by the contract.
2. It is a condition of this contract, and shall be made a condition of each subcontract, which the
contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not
permit any employee, in performance of the contract, to work in surroundings or under conditions which
are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction
safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with
Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized
representative thereof, shallhave right of entry to any site of contract performance to inspect or
investigate the matter of compliance with the construction safety and health standards and to carry out
the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40
U.S.C. 333).
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IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
In order to assure high quality and durable construction in conformity with approved plans and
specifications and a high degree of reliability on statements and representations made by engineers,
contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons
concerned with the project perform their functions as carefully, thoroughly, and honestly as possible.
Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a
violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and
similar acts, the following notice shall be posted on each Federal-aid highway project (23 CFR 635) in
one or more places where it is readily available to all persons concerned with the project:
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or
whoever, whether a person, association, firm, or corporation, knowingly makes any false statement,
false representation, or false report as to the character, quality, quantity, or cost of the material used or
to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in
connection with the submission of plans, maps, specifications, contracts, or costs of construction on
any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false representation, false report or false claim
with respect to the character, quality, quantity, or cost of any work performed or to be performed, or
materials furnished or to be furnished, in connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false representation as to material fact in any
statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved
July 21, 1916, (39 Stat. 355), as amended and supplemented;
Shall be fined not more that $10,000 or imprisoned not more than 5 years or both."
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
(Applicable to all Federal-aid construction contracts and to all related subcontracts of $100,000 or
more.)
By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder,
Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated
as follows:
1. That any facility that is or will be utilized in the performance of this contract, unless such contract is
exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub.L. 91-604),
and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended
by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is
not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of
Violating Facilities pursuant to 40 CFR 15.20.
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2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of
the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and
guidelines listed thereunder.
3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director,
Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is
under consideration to be listed on the EPA List of Violating Facilities.
4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of
this Section X in every nonexempt subcontract, and further agrees to take such action as the
government may direct as a means of enforcing such requirements.
XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
1. Instructions for Certification - Primary Covered Transactions:
(Applicable to all Federal-aid contracts - 49 CFR 29)
a. By signing and submitting this proposal, the prospective primary participant is providing the
certification set out below.
b. The inability of a person to provide the certification set out below will not necessarily result in
denial of participation in this covered transaction. The prospective participant shall submit an
explanation of why it cannot provide the certification set out below. The certification or explanation will
be considered in connection with the department or agency's determination whether to enter into this
transaction. However, failure of the prospective primary participant to furnish a certification or an
explanation shall disqualify such a person from participation in this transaction.
c. The certification in this clause is a material representation of fact upon which reliance was placed
when the department or agency determined to enter into this transaction. If it is later determined that
the prospective primary participant knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the department or agency may terminate this
transaction for cause of default.
d. The prospective primary participant shall provide immediate written notice to the department or
agency to whom this proposal is submitted if any time the prospective primary participant learns that its
certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
e. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transac-
tion," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily
excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections
of rules implementing Executive Order 12549. You may contact the department or agency to which this
proposal is submitted for assistance in obtaining a copy of those regulations.
f. The prospective primary participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction
with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation
in this covered transaction, unless authorized by the department or agency entering into this
transaction.
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g. The prospective primary participant further agrees by submitting this proposal that it will include
the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
Lower Tier Covered Transaction," provided by the department or agency entering into this covered
transaction, without modification, in all lower tier covered transactions and in all solicitations for lower
tier covered transactions.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from
the covered transaction, unless it knows that the certification is erroneous. A participant may decide
the method and frequency by which it determines the eligibility of its principals. Each participant may,
but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal
Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General
Services Administration.
I. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph f of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition
to other remedies available to the Federal Government, the department or agency may terminate this
transaction for cause or default.
* * * * *
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Primary
Covered Transactions
1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or local) with commission of any of the offenses enumerated in paragraph 1b of this
certification; and
d. Have not within a 3-year period preceding this application/proposal had one or more public
transactions (Federal, State or local) terminated for cause or default.
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2. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
* * * * *
2. Instructions for Certification - Lower Tier Covered Transactions:
(Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more -
49 CFR 29)
a. By signing and submitting this proposal, the prospective lower tier is providing the certification set
out below.
b. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition to other remedies available to the
Federal Government, the department, or agency with which this transaction originated may pursue
available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which
this proposal is submitted if at any time the prospective lower tier participant learns that its certification
was erroneous by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transac-
tion," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause,
have the meanings set out in the Definitions and Coverage sections of rules implementing Executive
Order 12549. You may contact the person to which this proposal is submitted for assistance in
obtaining a copy of those regulations.
e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction
with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation
in this covered transaction, unless authorized by the department or agency with which this transaction
originated.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include
this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from
the covered transaction, unless it knows that the certification is erroneous. A participant may decide
the method and frequency by which it determines the eligibility of its principals. Each participant may,
but is not required to, check the Nonprocurement List.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
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I. Except for transactions authorized under paragraph e of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition
to other remedies available to the Federal Government, the department or agency with which this
transaction originated may pursue available remedies, including suspension and/or debarment.
* * * * *
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower
Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
* * * * *
XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
FOR LOBBYING
(Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000 - 49 CFR 20)
1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his
or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts, which exceed
$100,000 and that all such recipients shall certify and disclose accordingly
Page 213
July 29, 2011
98
ON THE JOB TRAINING
This training special provision is an implementation of 23 U.S.C. 140 (a). The Contractor shall meet the
requirements of the FHWA 1273 for all apprentices and trainees.
As part of the Contractor's Equal Employment Opportunity Affirmative Action Program, training shall be provided
on projects as follows:
1. The Contractor shall provide on the job training aimed at developing full journey workers in the skilled
craft identified in the approved training plan. The Contractor shall provide at a minimum, required training
hours listed in the Project Special Provisions for each project.
2. The primary objective of this specification is to train and upgrade women and minority candidates to full
journey worker status. The Contractor shall make every reasonable effort to enroll and train minority and
women workers. This training commitment shall not be used to discriminate against any applicant for
training whether or not the applicant is a woman or minority.
3. The Contractor may employ temporary workers from CDOT supportive services providers to meet OJT
requirements. Information pertaining to supportive services providers may be obtained by calling the
CDOT OJT Coordinator at the number shown on the link http://www.coloradodot.info/business/equal-
opportunity/training.html
4. An employee shall not be employed or utilized as a trainee in a skilled craft in which the employee has
achieved journey status.
5. The minimum length and type of training for each skilled craft shall be as established in the training
program selected by the Contractor and approved by the Department and the Colorado Division of the
Federal Highway Administration (FHWA), or the U. S Department of Labor (DOL), Office of
Apprenticeship or recognized state apprenticeship agency. To obtain assistance or program approval
contact:
CDOT Center for Equal Opportunity
4201 East Arkansas Avenue
Denver, CO 80222
eo@dot.state.co.us
1-800-925-3427
6. The Contractor shall pay the training program wage rates and the correct fringe benefits to each
approved trainee employed on the project and enrolled in an approved program. The minimum trainee
wage shall be no less than the wage for the Guardrail Laborer classification as indicated in the wage
decision for the project.
7. The CDOT Regional Civil Rights Manager must approve all proposed apprentices and trainees for the
participation to be counted toward the project goal and reimbursement. Approval must occur before
training begins. Approval for the apprentice or trainee to begin work on a CDOT project will be based on:
A. Evidence of the registration of the trainee or apprentice into the approved training program.
B. The completed Form 838 for each trainee or apprentice as submitted to the Engineer.
8. Before training begins, the Contractor shall provide each trainee with a copy of the approved training
program, pay scale, pension and retirement benefits, health and disability benefits, promotional
opportunities, and company policies and complaint procedures.
9. Before training begins, the Contractor shall submit a copy of the approved training program and CDOT
Form 1337 to the Engineer. Progress payments may be withheld until this is submitted and approved and
may be withheld if the approved program is not followed.
10. On a monthly basis, the Contractor shall provide to the Engineer a completed On the Job Training
Progress Report (Form 832) for each approved trainee or apprentice on the project. The Form 832 will
be reviewed and approved by the Engineer before reimbursement will be made. The Contractor will be
reimbursed for no more than the OJT Force Account budget. At the discretion of the Engineer and if
funds are available, the Engineer may increase the force account budget and the number of reimbursable
training hours through a Change Order. The request to increase the force account must be approved by
the Engineer prior to the training.
11. Upon completion of training, transfer to another project, termination of the trainee or notification of final
acceptance of the project, the Contractor shall submit to the Engineer a “final” completed Form 832 for
each approved apprentice or trainee.
12. All forms are available from the CDOT Center for Equal Opportunity, through the CDOT Regional Civil
Rights Manager, or on CDOT’s website at
http://www.coloradodot.info/business/bidding/Bidding%20Forms/Bid%20Winner%20Forms
13. Forms 838 and 832 shall be completed in full by the Contractor. Reimbursement for training is based on
the number of hours of on the job training documented on the Form 832 and approved by the Engineer.
The Contractor shall explain discrepancies between the hours documented on Form 832 and the
corresponding certified payrolls.
14. The OJT goal (# of training hours required) for the project will be included in the Project Special
Provisions and will be determined by the Regional Civil Rights Manager after considering:
A. Availability of minorities, women, and disadvantaged for training;
B. The potential for effective training;
C. Duration of the Contract;
D. Dollar value of the Contract;
E. Total normal work force that the average bidder could be expected to use;
F. Geographic location;
G. Type of work; and
H. The need for additional journey workers in the area
I. The general guidelines for minimum total training hours are as follows:
Contract dollar value
Minimum total training
hours to be provided
on the project
Up to 1 million 0
>1 - 2 million 320
>2 - 4 million 640
>4 - 6 million 1280
>6 - 8 million 1600
>8 - 12 million 1920
>12 - 16 million 2240
>16 - 20 million 2560
For each increment of
$5 million, over $20
million
1280
15. The number of training hours for the trainees to be employed on the project shall be as shown in the
Contract. The trainees or apprentices employed under the Contract shall be registered with the
Department using Form 838, and must be approved by the Regional Civil Rights Manager before
training begins for the participation to be counted toward the OJT project goal. The goal will be met
by an approved trainee or apprentice working on that project; or, if a Contractor’s apprentice is
enrolled in a DOL approved apprenticeship program and registered with CDOT using Form 838 and
working for the Contractor on a non-CDOT project. The hours worked on the non-CDOT project may
be counted toward the project goal with approved documentation on Form 832. Training hours will be
counted toward one project goal.
16. Subcontractor trainees who are enrolled in an approved Program may be used by the Contractor to
satisfy the requirements of this specification.
17. The Contractor will be reimbursed $2.00per hour worked for each apprentice or trainee working on a
CDOT project and whose participation toward the OJT project goal has been approved
18. The Contractor shall have fulfilled its responsibilities under this specification if the CDOT Regional
Civil Rights Manager has determined that it has provided acceptable number of training hours.
19. Failure to provide the required training will result in the following disincentives: A sum representing
the number of training hours specified in the Contract, minus the number of training hours worked as
certified on Form 832, multiplied by the journey worker hourly wages plus fringe benefits [(A hours –
B hours worked) x (C dollar per hour + D fringe benefits)] = Disincentives Assessed. Wage rate will
be determined by averaging the wages for the crafts listed on Form 1337. The Engineer will provide
the Contractor with a written notice at Final Acceptance of the project informing the Contractor of the
noncompliance with this specification which will include a calculation of the disincentives to be
assessed.
February 3, 2011
PARTNERING PROGRAM
The Colorado Department of Transportation actively encourages partnering and invites the Contractor and his
subcontractors and suppliers to participate in a voluntary partnering agreement for this project.
The following information summarizes the partnering process. More information is available through the Resident
Engineer listed in the project special provisions.
This partnership will be structured to draw on the strengths of each organization to identify and achieve mutual
goals. The objectives are effective and efficient Contract performance with reciprocal cooperation, and completion
within budget, on schedule, and in accordance with the Contract.
This partnership will be bilateral in make-up and all costs associated with this partnership will be agreed to by
both parties and will be shared equally. The Contractor shall assume full responsibility for all costs associated
with partnering during the implementation of the partnering process. CDOT will reimburse the Contractor for the
agreed amount.
The CDOT Program Engineer or the Resident Engineer will contact the Contractor within ten days after the award
of this project to ask if the Contractor wants to implement this partnership initiative. If the Contractor agrees, the
Contractor's on-site project manager shall meet with CDOT's Resident Engineer to plan a partnering development
and team building workshop. At this planning session, arrangements shall be made to determine the facilitator
and the workshop, attendees, agenda, duration, and location.
The workshop shall be held prior to the commencement of any major work item and preferably before the
preconstruction conference. The following persons shall attend the workshop: CDOT's Resident Engineer, Project
Engineer, and key project personnel; the Contractor's on-site project manager and key project supervision
personnel; and the subcontractors' key project supervision personnel. The following personnel shall also be
invited to attend as needed: project design engineer, key local government personnel, suppliers, design
consultants, CDOT maintenance foreman, CDOT environmental manager, key railroad personnel, and key utility
personnel. The Contractor and CDOT shall also have Regional or District managers and Corporate or State level
managers on the partnering team.
Follow-up workshops may be held periodically throughout the duration of the Contract as agreed by the
Contractor and the Engineer at the initial workshop. A closeout workshop shall be held to evaluate the
effectiveness of the partnership.
The establishment of a partnership charter, which identifies the workshop participants' mutual goals on the
project, will not change the legal relationship of the parties to the Contract or relieve either party from any terms of
the Contract.
October 31, 2013
1
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
Attached is Form FHWA 1273 titled Required Contract Provisions Federal-Aid Construction Contracts. As
described in Section I. General, the provisions of Form FHWA 1273 apply to all work performed under the
Contract and are to be included in all subcontracts with the following modification:
For TAP (Transportation Alternatives Program) funded Recreational Trails projects, Section I (4) regarding convict
labor and all of Section IV of the FHWA 1273 do not apply.
October 31, 2013
2
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
FHWA-1273 -- Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Nonsegregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Compliance with Governmentwide Suspension and
Debarment Requirements
XI. Certification Regarding Use of Contract Funds for
Lobbying
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each
construction contract funded under Title 23 (excluding
emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this form in each
subcontract and further require its inclusion in all lower tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider.
Form FHWA-1273 must be included in all Federal-aid design-
build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services,
purchase orders, rental agreements and other agreements for
supplies or services). The design-builder shall be responsible
for compliance by any subcontractor, lower-tier subcontractor
or service provider.
Contracting agencies may reference Form FHWA-1273 in bid
proposal or request for proposal documents, however, the
Form FHWA-1273 must be physically incorporated (not
referenced) in all contracts, subcontracts and lower-tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services related to a
construction contract).
2. Subject to the applicability criteria noted in the following
sections, these contract provisions shall apply to all work
performed on the contract by the contractor's own organization
and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the
contract by piecework, station work, or by subcontract.
3. A breach of any of the stipulations contained in these
October 31, 2013
3
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
provisions prescribed herein, and imposed pursuant to 23
U.S.C. 140 shall constitute the EEO and specific affirmative
action standards for the contractor's project activities under
this contract. The provisions of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR
35 and 29 CFR 1630 are incorporated by reference in this
contract. In the execution of this contract, the contractor
agrees to comply with the following minimum specific
requirement activities of EEO:
a. The contractor will work with the contracting agency and
the Federal Government to ensure that it has made every
good faith effort to provide equal opportunity with respect to all
of its terms and conditions of employment and in their review
of activities under the contract.
b. The contractor will accept as its operating policy the
following statement:
"It is the policy of this Company to assure that applicants
are employed, and that employees are treated during
employment, without regard to their race, religion, sex, color,
national origin, age or disability. Such action shall include:
employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training,
including apprenticeship, pre-apprenticeship, and/or on-the-
job training."
2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program and who
must be assigned adequate authority and responsibility to do
so.
3. Dissemination of Policy: All members of the contractor's
staff who are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action, or who
are substantially involved in such action, will be made fully
cognizant of, and will implement, the contractor's EEO policy
and contractual responsibilities to provide EEO in each grade
and classification of employment. To ensure that the above
agreement will be met, the following actions will be taken as a
minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
not less often than once every six months, at which time the
contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by
the EEO Officer.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering
all major aspects of the contractor's EEO obligations within
thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the
contractor's procedures for locating and hiring minorities and
women.
d. Notices and posters setting forth the contractor's EEO
policy will be placed in areas readily accessible to employees,
October 31, 2013
4
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with its obligations under this contract, will attempt to resolve
such complaints, and will take appropriate corrective action
within a reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant,
such corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform
every complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts
should be aimed at developing full journey level status
employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirements
and as permissible under Federal and State regulations, the
contractor shall make full use of training programs, i.e.,
apprenticeship, and on-the-job training programs for the
geographical area of contract performance. In the event a
special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and
promotion potential of employees who are minorities and
women and will encourage eligible employees to apply for
such training and promotion.
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. Actions by
the contractor, either directly or through a contractor's
association acting as agent, will include the procedures set
forth below:
a. The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs aimed
toward qualifying more minorities and women for membership
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such
union will be contractually bound to refer applicants without
regard to their race, color, religion, sex, national origin, age or
disability.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to
the contracting agency and shall set forth what efforts have
been made to obtain such information.
October 31, 2013
5
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
a. The records kept by the contractor shall document the
following:
(1) The number and work hours of minority and non-
minority group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women;
b. The contractors and subcontractors will submit an annual
report to the contracting agency each July for the duration of
the project, indicating the number of minority, women, and
non-minority group employees currently engaged in each work
classification required by the contract work. This information is
to be reported on Form FHWA-1391. The staffing data should
represent the project work force on board in all or any part of
the last payroll period preceding the end of July. If on-the-job
training is being required by special provision, the contractor
will be required to collect and report training data. The
employment data should reflect the work force on board during
all or any part of the last payroll period preceding the end of
July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction
contracts and to all related construction subcontracts of
$10,000 or more.
The contractor must ensure that facilities provided for
employees are provided in such a manner that segregation on
the basis of race, color, religion, sex, or national origin cannot
result. The contractor may neither require such segregated
use by written or oral policies nor tolerate such use by
employee custom. The contractor's obligation extends further
to ensure that its employees are not assigned to perform their
services at any location, under the contractor's control, where
the facilities are segregated. The term "facilities" includes
waiting rooms, work areas, restaurants and other eating areas,
time clocks, restrooms, washrooms, locker rooms, and other
storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing
provided for employees. The contractor shall provide separate
or single-user restrooms and necessary dressing or sleeping
areas to assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction
projects exceeding $2,000 and to all related subcontracts and
lower-tier subcontracts (regardless of subcontract size). The
requirements apply to all projects located within the right-of-
way of a roadway that is functionally classified as Federal-aid
highway. This excludes roadways functionally classified as
local roads or rural minor collectors, which are exempt.
Contracting agencies may elect to apply these requirements to
other projects.
The following provisions are from the U.S. Department of
Labor regulations in 29 CFR 5.5 “Contract provisions and
related matters” with minor revisions to conform to the FHWA-
October 31, 2013
6
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
(ii) The classification is utilized in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the contracting officer agree on the
classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of
the action taken shall be sent by the contracting officer to the
Administrator of the Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor,
Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and
so advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is
necessary.
(3) In the event the contractor, the laborers or mechanics
to be employed in the classification or their representatives,
and the contracting officer do not agree on the proposed
classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the
views of all interested parties and the recommendation of the
contracting officer, to the Wage and Hour Administrator for
determination. The Wage and Hour Administrator, or an
authorized representative, will issue a determination within
30 days of receipt and so advise the contracting officer or
will notify the contracting officer within the 30-day period that
additional time is necessary.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or
1.b.(3) of this section, shall be paid to all workers performing
work in the classification under this contract from the first
day on which work is performed in the classification.
c. Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contractor
shall either pay the benefit as stated in the wage determination
or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
d. If the contractor does not make payments to a trustee or
other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits
under a plan or program, Provided, That the Secretary of
Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis-Bacon Act have
been met. The Secretary of Labor may require the contractor
to set aside in a separate account assets for the meeting of
obligations under the plan or program.
2. Withholding
The contracting agency shall upon its own action or upon
written request of an authorized representative of the
October 31, 2013
7
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
or its successor site. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker,
and shall provide them upon request to the contracting agency
for transmission to the State DOT, the FHWA or the Wage and
Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this section for a prime
contractor to require a subcontractor to provide addresses and
social security numbers to the prime contractor for its own
records, without weekly submission to the contracting agency..
(2) Each payroll submitted shall be accompanied by a
“Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall
certify the following:
(i) That the payroll for the payroll period contains the
information required to be provided under §5.5 (a)(3)(ii) of
Regulations, 29 CFR part 5, the appropriate information is
being maintained under §5.5 (a)(3)(i) of Regulations, 29
CFR part 5, and that such information is correct and
complete;
(ii) That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on the contract
during the payroll period has been paid the full weekly
wages earned, without rebate, either directly or indirectly,
and that no deductions have been made either directly or
indirectly from the full wages earned, other than
permissible deductions as set forth in Regulations, 29 CFR
part 3;
(iii) That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed,
as specified in the applicable wage determination
incorporated into the contract.
(3) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WH–347 shall satisfy the requirement for submission of the
“Statement of Compliance” required by paragraph 3.b.(2) of
this section.
(4) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 of
title 31 of the United States Code.
c. The contractor or subcontractor shall make the records
required under paragraph 3.a. of this section available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the
FHWA, or the Department of Labor, and shall permit such
representatives to interview employees during working hours
on the job. If the contractor or subcontractor fails to submit the
required records or to make them available, the FHWA may,
after written notice to the contractor, the contracting agency or
the State DOT, take such action as may be necessary to
cause the suspension of any further payment, advance, or
October 31, 2013
8
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
predetermined rate for the work performed until an acceptable
program is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the
work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training
Administration.
The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the
Employment and Training Administration.
Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention
fringe benefits, trainees shall be paid the full amount of fringe
benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
In addition, any trainee performing work on the job site in
excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed.
In the event the Employment and Training Administration
withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an
acceptable program is approved.
c. Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be
in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29
CFR part 30.
d. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and
skill training programs which have been certified by the
Secretary of Transportation as promoting EEO in connection
with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV.
The straight time hourly wage rates for apprentices and
trainees under such programs will be established by the
particular programs. The ratio of apprentices and trainees to
journeymen shall not be greater than permitted by the terms of
the particular program.
5. Compliance with Copeland Act requirements. The
October 31, 2013
9
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
used in this paragraph, the terms laborers and mechanics
include watchmen and guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph (1.) of this section, the contractor and any
subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor
shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in
paragraph (1.) of this section, in the sum of $10 for each
calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause set forth in paragraph (1.) of this section.
3. Withholding for unpaid wages and liquidated damages.
The FHWA or the contacting agency shall upon its own action
or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any
other federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (2.) of this
section.
4. Subcontracts. The contractor or subcontractor shall insert
in any subcontracts the clauses set forth in paragraph (1.)
through (4.) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (1.) through (4.) of this
section.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction
contracts on the National Highway System.
1. The contractor shall perform with its own organization
contract work amounting to not less than 30 percent (or a
greater percentage if specified elsewhere in the contract) of
the total original contract price, excluding any specialty items
October 31, 2013
10
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract.
5. The 30% self-performance requirement of paragraph (1) is
not applicable to design-build contracts; however, contracting
agencies may establish their own self-performance
requirements.
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall
comply with all applicable Federal, State, and local laws
governing safety, health, and sanitation (23 CFR 635). The
contractor shall provide all safeguards, safety devices and
protective equipment and take any other needed actions as it
determines, or as the contracting officer may determine, to be
reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to
protect property in connection with the performance of the
work covered by the contract.
2. It is a condition of this contract, and shall be made a
condition of each subcontract, which the contractor enters into
pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance
of the contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to his/her
health or safety, as determined under construction safety and
health standards (29 CFR 1926) promulgated by the Secretary
of Labor, in accordance with Section 107 of the Contract Work
Hours and Safety Standards Act (40 U.S.C. 3704).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
that the Secretary of Labor or authorized representative
thereof, shall have right of entry to any site of contract
performance to inspect or investigate the matter of compliance
with the construction safety and health standards and to carry
out the duties of the Secretary under Section 107 of the
Contract Work Hours and Safety Standards Act (40
U.S.C.3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made
by engineers, contractors, suppliers, and workers on Federal-
aid highway projects, it is essential that all persons concerned
with the project perform their functions as carefully, thoroughly,
and honestly as possible. Willful falsification, distortion, or
misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and
similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR 635) in one or more
places where it is readily available to all persons concerned
with the project:
18 U.S.C. 1020 reads as follows:
October 31, 2013
11
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
approval or that is estimated to cost $25,000 or more – as
defined in 2 CFR Parts 180 and 1200.
1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective
first tier participant is providing the certification set out below.
b. The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
covered transaction. The prospective first tier participant shall
submit an explanation of why it cannot provide the certification
set out below. The certification or explanation will be
considered in connection with the department or agency's
determination whether to enter into this transaction. However,
failure of the prospective first tier participant to furnish a
certification or an explanation shall disqualify such a person
from participation in this transaction.
c. The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
agency determined to enter into this transaction. If it is later
determined that the prospective participant knowingly rendered
an erroneous certification, in addition to other remedies
available to the Federal Government, the contracting agency
may terminate this transaction for cause of default.
d. The prospective first tier participant shall provide
immediate written notice to the contracting agency to whom
this proposal is submitted if any time the prospective first tier
participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. “First Tier Covered
Transactions” refers to any covered transaction between a
grantee or subgrantee of Federal funds and a participant (such
as the prime or general contract). “Lower Tier Covered
Transactions” refers to any covered transaction under a First
Tier Covered Transaction (such as subcontracts). “First Tier
Participant” refers to the participant who has entered into a
covered transaction with a grantee or subgrantee of Federal
funds (such as the prime or general contractor). “Lower Tier
Participant” refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by
the department or agency entering into this transaction.
g. The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transactions,"
provided by the department or contracting agency, entering
into this covered transaction, without modification, in all lower
October 31, 2013
12
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
b. Where the prospective participant is unable to certify to
any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
2. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other
lower tier transactions requiring prior FHWA approval or
estimated to cost $25,000 or more - 2 CFR Parts 180 and
1200)
a. By signing and submitting this proposal, the prospective
lower tier is providing the certification set out below.
b. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction
was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the
Federal Government, the department, or agency with which
this transaction originated may pursue available remedies,
including suspension and/or debarment.
c. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
changed circumstances.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. You may contact the person to
which this proposal is submitted for assistance in obtaining a
copy of those regulations. “First Tier Covered Transactions”
refers to any covered transaction between a grantee or
subgrantee of Federal funds and a participant (such as the
prime or general contract). “Lower Tier Covered Transactions”
refers to any covered transaction under a First Tier Covered
Transaction (such as subcontracts). “First Tier Participant”
refers to the participant who has entered into a covered
transaction with a grantee or subgrantee of Federal funds
(such as the prime or general contractor). “Lower Tier
Participant” refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless
authorized by the department or agency with which this
transaction originated.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transaction,"
without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions exceeding
the $25,000 threshold.
g. A participant in a covered transaction may rely upon a
October 31, 2013
13
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its
bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.
October 31, 2013
14
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS
This provision is applicable to all Federal-aid projects funded
under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor
undertaking to do work which is, or reasonably may be, done
as on-site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated, or the subregion, or the
Appalachian counties of the State wherein the contract work is
situated, except:
a. To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph (1c) shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work, except as provided in
subparagraph (4) below.
2. The contractor shall place a job order with the State
Employment Service indicating (a) the classifications of the
laborers, mechanics and other employees required to perform
the contract work, (b) the number of employees required in
each classification, (c) the date on which the participant
estimates such employees will be required, and (d) any other
pertinent information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course of the contract work, the
information submitted by the contractor in the original job order
is substantially modified, the participant shall promptly notify
the State Employment Service.
3. The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
any job applicants who, in his opinion, are not qualified to
perform the classification of work required.
4. If, within one week following the placing of a job order by
the contractor with the State Employment Service, the State
Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the
contractor's permanent project records. Upon receipt of this
certificate, the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate, notwithstanding the provisions of subparagraph (1c)
above.
5. The provisions of 23 CFR 633.207(e) allow the
TCTLITHOMPSON
INCORPORATED
GEOTECHNICAL INVESTIGATION
POUDRE TRAIL BRIDGE CROSSING
LEMAY AVENUE AND MULBERRY STREET
FORT COLLINS, COLORADO
CITY OF FORT COLLINS
Park Planning and Development
215 North Mason Street
Fort Collins, Colorado 80522
Attention: Mr. Jason Stutzman
Project No. FC05838-125
April19, 2012
351 Linden Street 1 Suite 140 1 Fort Collins, Colorado 80524 I Phone: 970-206-9455 I Fax: 970-206-9441
~ CTLITHOMPSON
I N C 0 a P 0 a A T E D
GEOTECHNICAL INVESTIGATION
POUDRE TRAIL BRIDGE CROSSING
LEMAY AVENUE AND MULBERRY STREET
FORT COLLINS, COLORADO
CITY OF FORT COLLINS
Park Planning and Development
215 North Mason Street
Fort Collins, Colorado 80522
Attention: Mr. Jason Stutzman
Project No. FC05838-125
351 Linden Street I Suite 140 I Fort Collins, Colorado 80524
Telephone: 970-206-9455 Fax: 970-206-9441
April 19, 2012
TABLE OF CONTENTS
SCOPE
SUMMARY OF CONCLUSIONS
SITE CONDITIONS
PROPOSED CONSTRUCTION
INVESTIGATION
SUBSURFACE CONDITIONS
Ground Water
Seismicity
SITE DEVELOPMENT
Fill Placement
Excavation
Dewatering
BRIDGE FOUNDATIONS
Drilled Piers Bottomed in Bedrock
Laterally Loaded Piers and Piles
Closely Spaced Pier Reduction Factors
RETAINING WALL FOUNDATIONS
Footings
SCOUR
LATERAL EARTH PRESSURES
WATER-SOLUBLE SULFATES
LIMITATIONS
FIGURE 1 -LOCATIONS OF EXPLORATORY BORINGS
FIGURE 2- SUMMARY LOGS OF EXPLORATORY BORINGS
FIGURE 3- EXAMPLE LATERAL EARTH PRESSURE DISTRIBUTIONS
APPENDIX A- RESULTS OF LABORATORY TESTING
APPENDIX B- SAMPLE SITE GRADING SPECIFICATIONS
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3
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3
3
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SCOPE
This report presents the results of our Geotechnical Investigation for the proposed
Poudre Trail pedestrian bridge at Lemay Avenue and Mulberry Street in Fort Collins,
Colorado. The purpose of the investigation was to evaluate the subsurface conditions
and provide foundation recommendations and geotechnical design criteria for the
project.
The report was prepared from data developed during field exploration, laboratory
testing, engineering analysis and experience with similar conditions. The report includes
a description of subsurface conditions found in our exploratory borings and discussions
of site development as influenced by geotechnical considerations. Our opinions and
recommendations regarding design criteria and construction details for site
development, foundations, lateral earth loads, and drainage are provided. If the
proposed construction changes, we should be requested to review our
recommendations contained in this report to determine if they apply to the new proposed
construction. Our opinions are summarized in the following paragraphs. Further
descriptions of the subsurface conditions, results of our field and laboratory
investigations and our opinions, conclusions and recommendations are included in the
subsequent sections of this report.
SUMMARY OF CONCLUSIONS
1 . Subsurface conditions encountered in our borings were generally
consistent across the site. Soils encountered consisted of approximately
3 to 7 feet of slightly silty sand over 2 to 9 feet of sandy gravel. Claystone
was encountered in all of our borings at depths ranging from
approximately 6Y2 to 12 feet (EI. 4921.5 to 4923.5) below the existing
ground surface. Groundwater levels were measured at depths of
approximately 6 to 9% feet (EI. 4922 to 4925) below the existing ground
surface. Existing groundwater levels are not expected to significantly
affect the proposed construction, but will likely affect drilled pier
installation.
2. We understand the proposed bridge abutments and center pier will be
constructed with drill pier foundations. We understand the preferred
foundation type for the retaining structures are spread footing
foundations. Foundation discussion and criteria for drilled pier and
footing foundations are provided in this report.
CITY OF FORT COLLINS- PARK PLANNING AND DEVELOPMENT
POUDRE TRAIL CROSSING AT LEMAY AVENUE
CTL IT PROJECT NO. FC05838-125 1
SITE CONDITIONS
The proposed pedestrian bridge crossing is located southeast of the intersection
of Lemay Avenue and Mulberry Street in Fort Collins, Colorado. The site is located in
the green belt of the Cache Ia Poudre River. Ground cover consists of natural grasses,
weeds and trees. The site slopes gradually toward the river. Water levels observed in
the river were relatively shallow with depths averaging only a couple feet across the
width of the river. The Poudre Trail is currently located on the south side of the river
east of Lemay Avenue.
PROPOSED CONSTRUCTION
Based on plans provided and conversations with our client, we understand the
proposed bridge will span a total length of approximately 250 feet. Two prefabricated
steel pedestrian bridges of approximately 160 and 90 feet will be used to span the
Poudre River at this location. The crossing will have the two abutments to the north and
south and a central pier between to connect the separate bridges. We understand
associated wing walls will be located at each abutment as well as a retaining wall south
of the southern abutment.
INVESTIGATION
Subsurface conditions at the site were investigated by drilling four exploratory
borings. The approximate locations of the borings are shown on Figure 1 . Our field
representative observed drilling, logged the soils and bedrock found in the borings and
obtained samples. Summary logs of the borings, including results of field penetration
resistance tests, are presented on Figure 2.
Samples obtained during drilling were returned to our laboratory and visually
examined by the geotechnical engineer for this project. Laboratory testing included
moisture content, dry density, swell-consolidation, gradation, and water-soluble sulfate
tests. Results of laboratory tests are presented in Appendix A and summarized in Table
A-1.
CITY OF FORT COLLINS - PARK PLANNING AND DEVELOPMENT
POUDRE TRAIL CROSSING AT LEMAY AVENUE
CTL IT PROJECT NO. FC05838·125 2
SUBSURFACE CONDITIONS
Subsurface conditions encountered in our borings were generally consistent
across the site. Soils encountered consisted of approximately 3 to 7 feet of slightly silty
sand over 2 to 9 feet of sandy gravel. Claystone was encountered in all of our borings at
depths ranging from approximately 6~ to 12 feet (EI. 4921.5 to 4923.5) below the
existing ground surface. Further description of the subsurface conditions is presented
on our boring logs and in our laboratory testing.
Ground Water
Groundwater levels were measured at depths of approximately 6 to 9~ feet (EI.
4922 to 4925) below the existing ground surface. Groundwater levels will vary
seasonally and with water level in the Cache Ia Poudre River. Existing groundwater
levels are not expected to significantly affect the proposed construction, but will likely
affect drilled pier installation.
Seismicity
This area, like most of central Colorado, is subject to a low degree of seismic risk.
As in most areas of recognized low seismicity, the record of the past earthquake activity
in Colorado is somewhat incomplete.
According to the 2009 International Building Code and the subsurface conditions
encountered in our borings, this site classifies as a Site Class C. Only minor damage to
relatively new, properly designed and built structures would be expected. Wind loads,
not seismic considerations, typically govern dynamic structural design in this area.
SITE DEVELOPMENT
Fill Placement
The existing on-site soils are suitable for re-use as fill material provided debris or
deleterious organic materials are removed.
CITY OF FORT COLLINS - PARK PLANNING AND DEVELOPMENT
POUDRE TRAIL CROSSING AT LEMAY AVENUE
CTL IT PROJECT NO. FC05838·125
If import material is required, we
3
recommend importing granular soils. Import fill should contain no particle larger than 3
inches, 10 to 40 percent silt and clay-sized particles (percent passing No. 200 sieve) and
exhibit a liquid limit less than 30 and a plasticity index less than 15.
Areas to receive fill should be scarified, moisture-conditioned and compacted to
at least 95 percent of standard Proctor maximum dry density (ASTM D 698, AASHTO T
99). The properties of the fill will affect the performance of foundations, slabs-on-grade,
and pavements. Sand soils used as fill should be moistened to within 2 percent of
optimum moisture content. The fill should be moisture-conditioned, placed in thin, loose
lifts (8 inches or less) and compacted as described above. We should be retained to
observe placement and compaction of fill during construction. Fill placement and
compaction activities should not be conducted when the fill material or subgrade is
frozen.
Site grading in areas of landscaping where no future improvements are planned
can be placed at a dry density of at least 90 percent of standard Proctor maximum dry
density (ASTM D 698, AASHTO T 99). Example site grading specifications are
presented in Appendix B.
Excavation
The materials found in our borings can be excavated using conventional heavy-
duty excavation equipment. Excavations should be sloped or shored to meet local,
State and Federal safety regulations. Based on our investigation and OSHA standards,
we believe the sand soils classify as Type C soils. Type C soils require a maximum
slope inclination of 1.5:1 in dry conditions. Excavation slopes specified by OSHA are
dependent upon types of soil and groundwater conditions encountered. The contractor's
"competent person" should identify the soils and/or rock encountered in the excavation
and refer to OSHA standards to determine appropriate slopes. Stockpiles of soils, rock,
equipment, or other items should not be placed within a horizontal distance equal to one-
half the excavation depth, from the edge of excavation. Excavations deeper than 20 feet
should be braced or a professional engineer should design the slopes.
CITY OF FORT COLLINS - PARK PLANNING AND DEVELOPMENT
POUDRE TRAIL CROSSING AT LEMAY AVENUE
CTL IT PROJECT NO. FC05838-125 4
The width of the top of an excavation may be limited in some areas. Bracing or
"trench box" construction may be necessary. Bracing systems include sheet piling,
braced sheeting and others. Lateral loads on bracing depend on the depth of
excavation, slope of excavation above the bracing, surface loads, hydrostatic pressures,
and allowable movement. For trench boxes and bracing allowed to move enough to
mobilize the strength of the soils, with associated cracking of the ground surface, the
"active" earth pressure conditions are appropriate for design. If movement is not
tolerable, the "at rest" earth pressures are appropriate. We suggest an equivalent fluid
pressure of 40 pcf for the "active" earth pressure condition and 55 pcf for the "at rest"
earth pressure condition, assuming level backfill. These pressures do not include
allowances for surcharge loading or for hydrostatic conditions. We are available to
assist further with bracing design if desired.
Dewatering
Ground water was encountered in our borings at depths between 6 feet and 9%
feet. Groundwater levels and water levels in the Cache Ia Poudre River may rise or fall
with seasons. Depending on the time of construction and water levels in the river,
groundwater levels could be higher than measured in our borings.
Excavations within approximately two feet of ground water should consider
temporary dewatering prior to and/or during construction. Dewatering can be
accomplished using a series of trenches, sumps, and granular materials from which
water can be pumped, or by a system of well points. The sumps should be several feet
below the bottom of the excavations to pump water down through the soil rather than up
through the bottom of the excavation. Pumping water up through the base of the
excavation will likely result in destabilization of the base of the excavation. The ground
surface surrounding the excavation should be sloped to direct runoff away from the
excavation.
For excavations planned several feet below groundwater levels, a series of well
points may be needed to dewater the excavation effectively. The contractor should
anticipate extensive dewatering and possibly caving soils in excavations below the water
CITY OF FORT COLLINS- PARK PLANNING AND DEVELOPMENT
POUDRE TRAIL CROSSING AT LEMAY AVENUE
CTL I T PROJECT NO. FC05838·125 5
table. The design of a well point system will likely require further exploratory drilling to
deeper depths and permeability tests both of which were not in the scope of this study.
We are available to help with this design if requested.
BRIDGE FOUNDATIONS
We understand that drilled pier foundations are planned for the proposed bridge
abutments and center pier. We believe this is an appropriate foundation system for the
subsurface conditions encountered and proposed construction. Design and construction
criteria for drilled piers are provided below. These criteria were developed from analysis
of field and laboratory data and our experience. We estimate potential foundation
movements of up to one inch could occur for foundations designed and constructed to
the criteria below. The recommended foundation can be used provided all design and
construction criteria presented in this report are followed.
Drilled Piers Bottomed in Bedrock
1. Piers should bottom in competent bedrock and have a minimum length of
at least 25 feet.
2. Piers should be designed for an ultimate end bearing capacity, qp. of
105,000 psf and an ultimate skin friction capacity, q5 , of 10,500 psf
required for the LRFD method. These values correspond to a maximum
allowable end pressure of 35,000 psf and an allowable skin friction of
3,500 psf for the portion of the pier in bedrock using the ASD method.
Skin friction should be neglected for the portion of the pier in overburden
soils or within 3 feet of grade beams. The ultimate capacities using LRFD
method assume a weighted load factor of 1.5 and a resistance factor of
0.5 for end bearing and side shear values.
3. Piers should be designed with a length/diameter ratio less than 30.
4. Pier drilling should produce shafts with relatively undisturbed bedrock
exposed. Excessive remolding and caking of bedrock cuttings on pier
walls should be removed.
5. Piers should be reinforced their full length with sufficient reinforcing steel
to resist a tensile load in the event of swelling. For design purposes, the
tensile load (in kips) can be estimated as 5.5 times the pier diameter (in
inches). A minimum steel-to-pier cross-sectional area ratio of 0.005 using
Grade 60 steel is recommended. Reinforcement should extend into
abutments or grade beams.
CITY OF FORT COLLINS - PARK PLANNING AND DEVELOPMENT
POUDRE TRAIL CROSSING AT LEMAY AVENUE
CTL IT PROJECT NO. FC05838-125 6
6. Abutments should be well reinforced. The structural engineer should
design the reinforcement.
7. Piers should have a center-to-center spacing of at least three pier
diameters when designing for vertical loading conditions, or they should
be designed as a group. Piers aligned in the direction of lateral forces
should have a center-to-center spacing of at least six pier diameters.
Reductions for closely spaced piers are discussed in the following
section.
8. A 6-inch continuous void should be constructed beneath abutments or
grade beams between piers to concentrate structural deadload on the
piers. The presence of this void should be taken into consideration when
designing scour protection.
9. Concrete should have a slump of 6 inches (+/- 1 inch). Concrete should
be ready and placed in the pier holes immediately after the holes are
drilled, cleaned, observed and the reinforcing steel is set.
10. Ground water was encountered in our borings. Where ground water is
encountered during drilling, pump or tremie pipe placement of concrete
may be required for proper cleaning, dewatering, and placement of
concrete during pier installation. Concrete should not be placed by free
fall in pier holes containing more than 3 inches of water.
11. We anticipate casing may be required for piers. Concrete should be
ready and placed in the pier holes immediately after the holes are drilled,
cleaned and observed and reinforcing steel set. At least 5 feet of
concrete should be maintained above the groundwater level prior to (and
during) casing removal.
12. Some pier-drilling contractors use casing with an 0.0. equal to the
specified pier diameter. This results in a pier diameter less than
specified, typically on the order of 2 inches smaller in diameter. The
design and specification of piers should consider the alternatives. If full
size casing is desired (1.0. of casing equal to specified pier diameter) it
should be clearly specified. If design considers the potential reduction in
diameter, then the specification should include a tolerance for a smaller
diameter for cased piers.
13. Some movement of the drilled pier foundation is anticipated to mobilize
the skin friction. We estimate this movement to be on the order of 1/4 to
1/2 inch. Differential movement may be equal to the total movement.
14. The installation of the drilled pier foundations should be observed by a
representative of our firm to confirm the piers are bottomed in the proper
bearing strata and to observe the contractor's installation procedures.
CITY OF FORT COLLINS - PARK PLANNING AND DEVELOPMENT
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CTL IT PROJECT NO. FC05838-125 7
Laterally Loaded Piers and Piles
Several methods are available to analyze laterally loaded piers. With a pier or
pile length to diameter ratio of 7 or greater, we believe the method of analysis developed
by Matlock and Reese is most appropriate. The method is an iterative procedure using
applied loading and soil profile to develop deflection and moment versus depth curves.
The computer programs LPILE and COM624 were developed to perform this procedure.
Suggested criteria for LPILE analysis are presented in the following table.
TABLE A
SOIL INPUT DATA FOR LPILE or COM624
I I Granular Soils I Bedrock I
Material Type
Sand Below Water
Table Clay
Effective Unit Weight (pci) 0.04 0.07
Cohesive Strength, c (psi) - 40
Friction Angle (0
) 35 -
Soil Strain, E50 (in/in) - 0.003
p-y Modulus k5 (pci) 60 2,000
The E50 represents the strain corresponding to 50 percent of the maximum
principle stress difference.
Closely Spaced Pier Reduction Factors
For axial loading, a minimum spacing of three diameters is recommended. At
one diameter (piers touching) the skin friction reduction factor for both piers would be
0.5. End bearing values would not be reduced provided the bases of the piers are at
similar elevations. Linear interpolation can be used between one and three diameters.
Piers in-line with the direction of the lateral load should have a minimum spacing
of six diameters (center-to-center) based upon the larger pier. If a closer spacing is
required, the modulus of subgrade reaction for initial and trailing piers should be
reduced. At a spacing of three diameters, the effective modulus of subgrade reaction of
CITY OF FORT COLLINS - PARK PLANNING AND DEVELOPMENT
POUDRE TRAIL CROSSING AT LEMAY AVENUE
CTL I T PROJECT NO. FC05B3B·125 8
the first pier can be estimated by multiplying the given modulus by 0.6. For trailing piers
in a line at three-diameter spacing, the factor is 0.4. Linear interpolation can be used for
spacing between three and six diameters.
Reductions to the modulus of subgrade reaction can be accomplished in LPILE
by inputting the appropriate modification factors for the p-y curves. Reducing the
modulus of subgrade reaction in trailing piers will result in greater computed deflections
on these piers. In practice, the grade beam can force deflections of piers to be equal.
Load-deflection graphs can be generated for each pier in the group using the
appropriate p-multiplier values. The sum of the piers' lateral load resistance at selected
deflections can be used to develop a total lateral load versus deflection relationship for
the system of piers.
For lateral loads perpendicular to the line of piers a minimum spacing of three
diameters can be used with no capacity reduction. At one diameter (piers touching) the
piers can be analyzed as a single unit. Linear interpolation can be used for intermediate
conditions.
RETAINING WALL FOUNDATIONS
Retaining walls, including wing walls, are planned at this site. If integral with the
abutments, walls should be founded with the same foundation type as the abutments. If
not integral, spread footing foundations may be used. We recommend constructing
footing foundations with a separation to bedrock of no less than 3 feet. Design and
construction criteria for footing are provided below. These criteria were developed from
analysis of field and laboratory data and our experience. We estimate potential
foundation movements of up to one inch could occur for foundations designed and
constructed to the criteria below. The recommended foundation can be used provided
all design and construction criteria presented in this report are followed.
Footings
1. Footings should be constructed on undisturbed natural soils or properly
compacted fill (see Fill Placement). Where soil is loosened during
CITY OF FORT COLLINS - PARK PLANNING AND DEVELOPMENT
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CTL IT PROJECT NO. FC05838-125 9
excavation, it should be removed and replaced with on-site soils
compacted following the criteria in the Fill Placement section of this
report.
2. Footings constructed on the natural soils and/or engineered fill can be
designed for a net allowable soil pressure of 3,000 psf. The soil pressure
can be increased 33 percent for transient loads such as wind or seismic
loads.
3. Footings should have a mm1mum width of at least 16 inches.
Foundations for isolated columns should have minimum dimensions of 24
inches by 24 inches. Larger sizes may be required depending on loads
and the structural system used.
4. The soils beneath footing pads can be assigned an ultimate coefficient of
friction of 0.4 to resist lateral loads. The ability of grade beams, or footing
backfill to resist lateral loads can be calculated using a passive equivalent
fluid pressure of 300 pcf. This assumes the backfill is densely compacted
and will not be removed. Backfill should be placed and compacted to the
criteria in the Fill Placement section of the report.
5. Exterior footings should be protected from frost action. We believe 30
inches of frost cover is appropriate for this site.
6. Foundation walls and grade beams should be well reinforced both top
and bottom. We recommend the amount of steel equivalent to that
required for a simply supported span of 15 feet.
7. We should be retained to observe completed footing excavations to
confirm that the subsurface conditions are similar to those found in our
borings.
SCOUR
Scour potential should be evaluated for the proposed bridge and retaining wall
foundations. The depth of scour can affect foundations by undermining footings and
also reducing the lateral support of the soils and bedrock on pier foundations. The
overburden sand and gravel are susceptible to scour. The claystone encountered in our
borings is typically considered to be subject to minimal scouring. Pier foundations
should be considered for retaining wall where scour depths extend below possible
footing foundations. Pier foundations should be protected from significant scouring to
reduce the potential loss of lateral support.
CITY OF FORT COLLINS- PARK PLANNING AND DEVELOPMENT
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LATERAL EARTH PRESSURES
The lateral loads acting on abutments and retaining walls are dependent on the
height and type of wall, backfill configuration and backfill type. For the purposes of
design, we have assumed less than 10 feet of fill will be retained by abutments and
retaining walls and the backfill will be on-site or similar soils.
Abutment and retaining walls should be designed to resist lateral earth pressures
that act upon the wall. Table C below provides the necessary equivalent fluid pressure
values for the backfill soils anticipated at this site. The pressures given do not include
allowances for surcharge loads such as sloping backfill, vehicle traffic, or excessive
hydrostatic pressure.
TABLE C
EQUIVALENT FLUID PRESSURE VALUES
Loading Condition Equivalent Hydrostatic
Fluid P~essure
Active ("'A) pet 40
At-Rest ("/a) pcf 55
Passive ("/p) pcf 300
Horizontal Friction Coefficient 0.4
The appropriate load distribution to apply for design depends not only on the soil
and bedrock type, but also on the wall type and restraint. Graphical examples of typical
loading conditions are presented on Figure 3. For abutments and retaining walls that
are restrained from rotation, the walls should be designed to resist the "at rest" earth
pressure. For walls which are free to rotate to develop the shear strength of the soils,
such as wing walls not tied to the abutments, the walls should be designed to resist the
"active" earth pressure. Resistance to lateral loads can be provided by friction between
concrete and soil and/or by "passive" earth pressure. Passive earth pressure should be
ignored for the top one foot of soils against the structure since it can be easily removed
with time. The proper application of these loading conditions is the responsibility of the
wall designer.
CITY OF FORT COLLINS - PARK PLANNING AND DEVELOPMENT
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CTL I T PROJECT NO. FC05B3B·125 11
The hydrostatic pressure can be reduced by providing a drain and weep holes
behind the abutments and retaining walls. The drain should be reasonably well-graded
sands and gravels with a maximum of 5 percent passing the No. 200 sieve and a
maximum particle size of 3 inches that is at least 12 inches wide and placed against the
back of an abutment or wing wall. The top 2 feet of backfill above the drain should be
compacted clays. Weep holes should be 4 inches in diameter, spaced 10 feet center-to-
center at the bottom of an abutment or wall. At least two weep holes should be provided
per wall at the bottom of the wall. The back of the weep holes should connect to the
drain, be protected from clogging and be screened to prevent drain materials from falling
out of the weep holes. A manufactured drain such as Miradrain could be substituted for
the drain sand and gravel. Manufactured drains should be installed following the
manufacturers recommendations.
Wall backfill should be placed in 8-inch maximum loose lifts, moistened to within
2 percent of optimum moisture content and compacted to at least 95 percent of standard
Proctor maximum dry density (ASTM D 698). The placement and compaction of fill
should be observed and tested by a representative of our firm during construction.
WATER-SOLUBLE SULFATES
Concrete that comes into contact with soils can be subject to sulfate attack. We
measured water-soluble sulfate concentrations in four samples from this site.
Concentrations measured were 0.16 percent or less, with two samples having sulfate
concentrations between 0.1 and 0.2 percent. Water-soluble sulfate concentrations
between 0.1 and 0.2 percent indicate Class 1 exposure to sulfate attack, according to
the American Concrete Institute (ACI). ACI indicates adequate sulfate resistance can be
achieved by using Type II cement with a water-to-cementitious material ratio of 0.50 or
less. ACI also indicates concrete in Class 1 exposure environments should have a
minimum compressive strength of 4000 psi. In our experience, superficial damage may
occur to the exposed surfaces of highly permeable concrete, even though sulfate levels
are relatively low. To control this risk and to resist freeze-thaw deterioration, the water-
to-cementitious material ratio should not exceed 0.50 for concrete in contact with soils
CITY OF FORT COLLINS - PARK PLANNING AND DEVELOPMENT
POUDRE TRAIL CROSSING AT LEMAY AVENUE
CTL IT PROJECT NO. FC05838-125 12
that are likely to stay moist due to surface drainage or high water tables. Concrete
should be air entrained.
LIMITATIONS
Although our borings were spaced to obtain a reasonably accurate picture of
subsurface conditions, variations not indicated in our borings are always possible. We
should be retained to observe pier hole drilling and footing excavations to confirm soils
are similar to those found in our borings. Placement and compaction of fill, backfill,
subgrade and other fills should be observed and tested by a representative of our firm
during construction.
We believe this investigation was conducted in a manner consistent with that
level of skill and care ordinarily used by members of the profession currently practicing
under similar conditions in the locality of this project. No warranty, express or implied, is
made.
If we can be of further service in discussing the contents of this report or in the
analysis of the proposed construction from the geotechnical point of view, please
contact the undersigned.
CTL I THOMPSON, INC. by:
~JJA_
Spencer Schram, El
Project Engineer
(2 Copies)
CITY OF FORT COLLINS- PARK PLANNING AND DEVELOPMENT
POUDRE TRAIL CROSSING AT LEMAY AVENUE
CTLI T PROJECT NO. FCOSBJB-125
R.B. "Chip" Leadbe
Division Manager
13
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CITY OF FORT COLLINS - PARK PLANNING AND DEVELOPMENT
POUDRE TRAIL CROSSING AT LEMAY AVENUE
CTL IT PROJECT NO. FC05838-125
TH-2
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TYPE
EARTH
PRESSURE
P='YA*H
H = HEIGHT OF WALL (FT)
P = LATERAL PRESSURE (PSF)
'YA = ACTIVE HYDROSTATIC UNIT WEIGHT (PCF)
CANTILEVER WALL (Active Condition)
P = 0.6 * 'YA * H
H = HEIGHT OF WALL (FT)
P = LATERAL PRESSURE (PSF)
p 'YA = ACTIVE HYDROSTATIC UNIT WEIGHT (PCF)
BRACED OR TIE-BACK EXCAVATION
p ='Yo * H
H H = HEIGHT OF WALL (FT)
P = LATERAL PRESSURE (PSF)
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Fl = 'YA * (~hs)
hs ~ = 'YA * (h+ ~hs)
h
h = HEIGHT OF WALL (FT)
h9 = HEIGHT OF SLOPE (FT)
P, = LATERAL PRESSURE. TOP OF WALL (PSF)
~ = LATERAL PRESSURE. BOTTOM OF WALL (PSF)
'YA = ACTIVE HYDROSTATIC UNIT WEIGHT (PCF)
CANTILEVER WALL-SLOPING BACKFILL (Active with Surcharge)
CITY OF FORT COLLINS - PARK PLANNING AND DEVELOPMENT
POUDRE TRAIL CROSSING AT LEMAY AVENUE
CTL IT PROJECT NO. FC05B3B-125
Example Lateral
Earth Pressure
Distributions
FIGURE 3
APPENDIX A
RESULTS OF LABORATORY TESTING
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APPLIED PRESSURE - KSF
Sample of
From
CLAYSTONE
TH - 2 AT 9 FEET
1.0 10
DRY UNIT WEIGHT=
MOISTURE CONTENT=
100
119 PCF
12.0 %
3 r-----------------------------------------------------------------------~
EXPANSION UNDER CONSTANT
2 • P ESSURE DUE TO WETTING
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APPUEDPRESSURE-KSF
Sample of CLAYSTONE
From TH- 4 AT 14 FEET
1.0
CITY OF FORT COLLINS- PARK PLANNING AND DEVELOPMENT
POUDRE TRAIL CROSSING AT LEMAY AVENUE
CTL I T PROJECT NO. FC05838-125
10
DRY UNIT WEIGHT=
MOISTURE CONTENT=
HYDROMETER ANALYSIS SIEVE ANALYSIS
25 HR 7 HR TIME READINGS U.S. STANDARD SERIES CLEAR SQUARE OPENINGS
45 MIN. 15 MIN. 60 MIN. 19 MIN 4 MIN 1 MIN '200 '100 '50 '40 '30 '16 '10 ·a '4 3/a' 3/4' 1~· 3' 5'6' a•
100 r---.-----~,~~-----~r---~, ----r---.---~~--.---.---~------~-----.---.----~~~--~-. 0
90 1---+----+'-+-t -+! --1-' -~'1 -+--1 - I I I • Y l I I I I H
ao I I ! f ! lLI 1, T' l I .. ---! _/ ___ ,_,t---1!,.-----\-! --i!--+-1 ___,,,-I' ::
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~ 60 I ! I I I I l 1 I H I·: I I : f i I I f 40 ~
~ 50 l I I I ! l : I J I -: I ! I I j i i l 50 ~
~ I 1 ' I I I I I : ! I ~- : t I l l l f 60 ~
::I I I I I I I l JJ.Y i I i I I I I ~~
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f i j j I I ; ' ; I I I
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0 I I I I. . .~ I ! : I I I 1 I t I j_ 1 100
.oo1 o.oo2 .oo5 .oo9 .019 .037 .074 .149 .297
0 42
.590 119 2.0 2.3a 4.76 9 52 19.1 361 76 2 12i
5
/oo
DIAMETER OF PARTICLE IN MILLIMETERS
FINE MEDIUM
CLAY (PLASTIC) TO SILT (NON-PLASTIC)
SANDS
Sample of
From
SAND (SW) GRAVEL 5%
4%
SAND 91%
TH- 3 AT -4-::' F==E=ET=--
CITY OF FORT COLLINS- PARK PLANNING AND DEVELOPMENT
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CTL f T PROJECT NO. FC05838-125
SILT & CLAY
PLASTICITY INDEX
LIQUID LIMIT %
Gradation
Test Results
%
FIGURE A-4
TABLE A-1
SUMMARY OF LABORATORY TESTING
- --- ------- ------
SWELL TEST RESULTS PASSING WATER-
MOISTURE DRY APPLIED NO. 200 SOLUBLE
DEPTH CONTENT DENSITY SWELL PRESSURE SIEVE SULFATES
BORING (FEET) (%)
TH-1 14 13.0
TH-2 9 12.1
TH-2 19 17.9
TH-3 4 3.3
TH-3 9 14.0
TH-3 24 13.1
TH-4 4 4.5
TH-4 14 12.7
CITY OF FORT COLLINS· PARK PLANNING AND DEVELOPMENT
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(PCF) (%) (PSF) (%) (%)
122 3.4 1,000
119 3.2 1,000 0.10
104 67.3
4.1 <0.01
87.3 0.16
119 2.5 1,000
0.01
115 2.5 1,000
1P
DESCRIPTION
CLAYSTONE
CLAYSTONE
CLAYSTONE
SAND (SP)
CLAYSTONE
CLAYSTONE
GRAVEL, SANDY (GP)
CLAYSTONE
Page 1 of 1
APPENDIX B
SAMPLE SITE GRADING SPECIFICATIONS
SAMPLE SITE GRADING SPECIFICATIONS
1. DESCRIPTION
This item shall consist of the excavation, transportation, placement and compaction of
materials from locations indicated on the plans, or staked by the Engineer, as necessary
to achieve building site elevations.
2. GENERAL
The Soils Engineer shall be the Owner's representative. The Soils Engineer shall
approve fill materials, method of placement, moisture contents and percent compaction,
and shall give written approval of the completed fill.
3. CLEARING JOB SITE
The Contractor shall remove all trees, brush and rubbish before excavation or fill
placement is begun. The Contractor shall dispose of the cleared material to provide the
Owner with a clean, neat appearing job site. Cleared material shall not be placed in
areas to receive fill or where the material will support structures of any kind.
4. SCARIFYING AREA TO BE FILLED
All topsoil and vegetable matter shall be removed from the ground surface upon which
fill is to be placed. The surface shall then be plowed or scarified to a depth of 8 inches
until the surface is free from ruts, hummocks or other uneven features, which would
prevent uniform compaction by the equipment to be used.
5. COMPACTING AREA TO BE FILLED
After the foundation for the fill has been cleared and scarified, it shall be disked or
bladed until it is free from large clods, brought to the proper moisture content and
compacted to not less than 95 percent of maximum dry density as determined in
accordance with ASTM D 698 or AASHTO T 99.
6. FILL MATERIALS
On-site materials classifying as CL, SC, SM, SW, SP, GP, GC and GM are acceptable.
Fill soils shall be free from organic matter, debris, or other deleterious substances, and
shall not contain rocks or lumps having a diameter greater than three (3) inches. Fill
materials shall be obtained from the existing fill and other approved sources.
7. MOISTURE CONTENT
Fill materials shall be moisture treated. Clay soils placed below the building envelope
should be moisture-treated to between 1 and 4 percent above optimum moisture content
as determined from Standard Proctor compaction tests. Clay soil placed exterior to the
building should be moisture treated between optimum and 3 percent above optimum
moisture content. Sand soils can be moistened to within 2 percent of optimum moisture
CITY OF FORT COLLINS- PARK PLANNING AND DEVELOPMENT
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B-1
content. Sufficient laboratory compaction tests shall be performed to determine the
optimum moisture content for the various soils encountered in borrow areas.
The Contractor may be required to add moisture to the excavation materials in the
borrow area if, in the opinion of the Soils Engineer, it is not possible to obtain uniform
moisture content by adding water on the fill surface. The Contractor may be required to
rake or disk the fill soils to provide uniform moisture content through the soils.
The application of water to embankment materials shall be made with any type of
watering equipment approved by the Soils Engineer, which will give the desired results.
Water jets from the spreader shall not be directed at the embankment with such force
that fill materials are washed out.
Should too much water be added to any part of the fill, such that the material is too wet
to permit the desired compaction from being obtained, rolling and all work on that section
of the fill shall be delayed until the material has been allowed to dry to the required
moisture content. The Contractor will be permitted to rework wet material in an
approved manner to hasten its drying.
8. COMPACTION OF FILL AREAS
Selected fill material shall be placed and mixed in evenly spread layers. After each fill
layer has been placed, it shall be uniformly compacted to not less than the specified
percentage of maximum dry density. Fill materials shall be placed such that the
thickness of loose material does not exceed 8 inches and the compacted lift thickness
does not exceed 6 inches.
Compaction, as specified above, shall be obtained by the use of sheepsfoot rollers,
multiple-wheel pneumatic-tired rollers, or other equipment approved by the Engineer.
Compaction shall be accomplished while the fill material is at the specified moisture
content. Compaction of each layer shall be continuous over the entire area.
Compaction equipment shall make sufficient trips to insure that the required dry density
is obtained.
9. COMPACTION OF SLOPES
Fill slopes shall be compacted by means of sheepsfoot rollers or other suitable
equipment. Compaction operations shall be continued until slopes are stable, but not
too dense for planting, and there is no appreciable amount of loose soil on the slopes.
Compaction of slopes may be done progressively in increments of three to five feet (3' to
5') in height or after the fill is brought to its total height. Permanent fill slopes shall not
exceed 3:1 (horizontal to vertical).
10. DENSITY TESTS
Field density tests shall be made by the Soils Engineer at locations and depths of his
choosing. Where sheepsfoot rollers are used, the soil may be disturbed to a depth of
several inches. Density tests shall be taken in compacted material below the disturbed
surface. When density tests indicate that the dry density or moisture content of any
layer of fill or portion thereof is below that required, the particular layer or portion shall be
reworked until the required dry density or moisture content has been achieved.
CITY OF FORT COLLINS- PARK PLANNING AND DEVELOPMENT
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B-2
11. COMPLETED PRELIMINARY GRADES
All areas, both cut and fill, shall be finished to a level surface and shall meet the
following limits of construction:
A. Overlot cut or fill areas shall be within plus or minus 2/10 of one foot.
B. Street grading shall be within plus or minus 1/10 of one foot.
The civil engineer, or duly authorized representative, shall check all cut and fill areas to
observe that the work is in accordance with the above limits.
12. SUPERVISION AND CONSTRUCTION STAKING
Observation by the Soils Engineer shall be continuous during the placement of fill and
compaction operations so that he can declare that the fill was placed in general
conformance with specifications. All site visits necessary to test the placement of fill and
observe compaction operations will be at the expense of the Owner. All construction
staking will be provided by the Civil Engineer or his duly authorized representative.
Initial and final grading staking shall be at the expense of the owner. The replacement of
grade stakes through construction shall be at the expense of the contractor.
13. SEASONAL LIMITS
No fill material shall be placed, spread or rolled while it is frozen, thawing, or during
unfavorable weather conditions. When work is interrupted by heavy precipitation, fill
operations shall not be resumed until the Soils Engineer indicates that the moisture
content and dry density of previously placed materials are as specified.
14. NOTICE REGARDING START OF GRADING
The contractor shall submit notification to the Soils Engineer and Owner advising them
of the start of grading operations at least three (3) days in advance of the starting date.
Notification shall also be submitted at least 3 days in advance of any resumption dates
when grading operations have been stopped for any reason other than adverse weather
conditions.
15. REPORTING OF FIELD DENSITY TESTS
Density tests made by the Soils Engineer, as specified under "Density Tests" above,
shall be submitted progressively to the Owner. Dry density, moisture content and
percent compaction shall be reported for each test taken.
16. DECLARATION REGARDING COMPLETED FILL
The Soils Engineer shall provide a written declaration stating that the site was filled with
acceptable materials, or was placed in general accordance with the specifications.
CITY OF FORT COLLINS - PARK PLANNING AND DEVELOPMENT
POUDRE TRAIL CROSSING AT LEMAY AVENUE
CTL I T PROJECT NO. FC05838-125
B-3
This unofficial copy was downloaded on Feb-27-2012 from the City of Fort Collins Public Records Website: http://citydocs.fcgov.com
For additional information or an official copy, please contact Engineering Office 281 North College Fort Collins, CO 80521 USA
This unofficial copy was downloaded on Feb-27-2012 from the City of Fort Collins Public Records Website: http://citydocs.fcgov.com
Addendum 1 - 7585 Poudre Trail at Mulberry & Lemay For additional information or an official copy, please contact Engineering Office 281 North College Fort Collins, CO 80521 USA Page
39 of 55
Access to the site
through here
City Property
and project area
Access to City property
along north bank of the Poudre River
EXHIBIT D
Addendum 1 - 7585 Poudre Trail at Mulberry & Lemay Page 40 of 55
Proposed staging area for construction.
(Feb-April 2014 & Oct '14-Jan. 2015)
EXHIBIT E
115
12.7
Swell Consolidation
Test Results
100
PCF
%
FIGURE A-3
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APPLIED PRESSURE- KSF
Sample of
From
CLAYSTONE
TH- 3 AT 24 FEET
1.0
CITY OF FORT COLLINS- PARK PLANNING AND DEVELOPMENT
POUDRE TRAIL CROSSING AT LEMAY AVENUE
CTL I T PROJECT NO. FC0583B-125
10
DRY UNIT WEIGHT=
MOISTURE CONTENT=
119
13.1
Swell Consolidation
Test Results
100
PCF
%
FIGURE A-2
I I
-8~-0.1 ---------------------------------------------------------------~
APPUEDPRESSURE-KSF
Sample of CLAYSTONE
From TH- 1 AT 14 FEET
1.0
CITY OF FORT COLLINS - PARK PLANNING AND DEVELOPMENT
POUDRE TRAIL CROSSING AT LEMAY AVENUE
CTL IT PROJECT NO. FC05838·125
10
DRY UNIT WEIGHT=
MOISTURE CONTENT=
122
13.0
Swell Consolidation
Test Results
100
PCF
%
FIGURE A-1
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LEGEND: 7
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NOTES:
DRIVE SAMPLE. THE SYMBOL 24/121NDICATES 24 BLOWS OF A 140-POUND HAMMER
FALLING 30 INCHES WERE REQUIRED TO DRIVE A 2.5-INCH O.D. SAMPLER 121NCHES.
DRIVE SAMPLE. THE SYMBOL 30/121NDICATES 30 BLOWS OF A 140-POUND HAMMER
FALLING 30 INCHES WERE REQUIRED TO DRIVE A 2.0-INCH O.D. SAMPLER 12 INCHES.
WATER LEVEL MEASURED AT TIME OF DRILLING.
WATER LEVEL MEASURED SEVERAL DAYS AFTER DRILLING.
1. THE BORINGS WERE DRILLED ON APRIL 2, 2012, USING 4-INCH DIAMETER
CONTINUOUS-FLIGHT AUGER AND A TRUCK-MOUNTED DRILL RIG.
2. BORING ELEVATIONS ARE APPROXIMATE AND ARE BASED ON TOPOGRAPHY PROVIDED
BY THE CITY OF FORT COLLINS.
3. THESE LOGS ARE SUBJECT TO THE EXPLANATIONS, LIMITATIONS AND CONCLUSIONS IN
THIS REPORT.
Summary Logs of
Exploratory Borings
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contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
6. The contractor shall include the provisions of Sections 1
through 4 of this Attachment A in every subcontract for work
which is, or reasonably may be, done as on-site work.
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded
Parties List System website (https://www.epls.gov/), which is
compiled by the General Services Administration.
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render
in good faith the certification required by this clause. The
knowledge and information of participant is not required to
exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency with which this transaction originated
may pursue available remedies, including suspension and/or
debarment.
* * * * *
Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
1. The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in
covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to
certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this
proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts which exceed
$100,000 (49 CFR 20).
1. The prospective participant certifies, by signing and
submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of
tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the $25,000 threshold.
h. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded
Parties List System website (https://www.epls.gov/), which is
compiled by the General Services Administration.
i. Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant
is not required to exceed that which is normally possessed by
a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause
or default.
* * * * *
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:
a. The prospective first tier participant certifies to the best of
its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency;
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing
a public (Federal, State or local) transaction or contract under
a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in
paragraph (a)(2) of this certification; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default.
"Whoever, being an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether a
person, association, firm, or corporation, knowingly makes any
false statement, false representation, or false report as to the
character, quality, quantity, or cost of the material used or to
be used, or the quantity or quality of the work performed or to
be performed, or the cost thereof in connection with the
submission of plans, maps, specifications, contracts, or costs
of construction on any highway or related project submitted for
approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to
be performed, or materials furnished or to be furnished, in
connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate,
or report submitted pursuant to provisions of the Federal-aid
Roads Act approved July 1, 1916, (39 Stat. 355), as amended
and supplemented;
Shall be fined under this title or imprisoned not more than 5
years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
By submission of this bid/proposal or the execution of this
contract, or subcontract, as appropriate, the bidder, proposer,
Federal-aid construction contractor, or subcontractor, as
appropriate, will be deemed to have stipulated as follows:
1. That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an
award due to a violation of Section 508 of the Clean Water Act
or Section 306 of the Clean Air Act.
2. That the contractor agrees to include or cause to be
included the requirements of paragraph (1) of this Section X in
every subcontract, and further agrees to take such action as
the contracting agency may direct as a means of enforcing
such requirements.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal-aid construction
contracts, design-build contracts, subcontracts, lower-tier
subcontracts, purchase orders, lease agreements, consultant
contracts or any other covered transaction requiring FHWA
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such
specialty items performed may be deducted from the total
original contract price before computing the amount of work
required to be performed by the contractor's own organization
(23 CFR 635.116).
a. The term “perform work with its own organization” refers
to workers employed or leased by the prime contractor, and
equipment owned or rented by the prime contractor, with or
without operators. Such term does not include employees or
equipment of a subcontractor or lower tier subcontractor,
agents of the prime contractor, or any other assignees. The
term may include payments for the costs of hiring leased
employees from an employee leasing firm meeting all relevant
Federal and State regulatory requirements. Leased
employees may only be included in this term if the prime
contractor meets all of the following conditions:
(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality
of the work of the leased employees;
(3) the prime contractor retains all power to accept or
exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all
other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work
that requires highly specialized knowledge, abilities, or
equipment not ordinarily available in the type of contracting
organizations qualified and expected to bid or propose on the
contract as a whole and in general are to be limited to minor
components of the overall contract.
2. The contract amount upon which the requirements set forth
in paragraph (1) of Section VI is computed includes the cost of
material and manufactured products which are to be
purchased or produced by the contractor under the contract
provisions.
3. The contractor shall furnish (a) a competent superintendent
or supervisor who is employed by the firm, has full authority to
direct performance of the work in accordance with the contract
requirements, and is in charge of all construction operations
(regardless of who performs the work) and (b) such other of its
own organizational resources (supervision, management, and
engineering services) as the contracting officer determines is
necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the
contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the
contracting agency has assured that each subcontract is
contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor shall insert
Form FHWA-1273 in any subcontracts and also require the
subcontractors to include Form FHWA-1273 in any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor
with all the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis-
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract.
9. Disputes concerning labor standards. Disputes arising
out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract. Such
disputes shall be resolved in accordance with the procedures
of the Department of Labor set forth in 29 CFR parts 5, 6, and
7. Disputes within the meaning of this clause include disputes
between the contractor (or any of its subcontractors) and the
contracting agency, the U.S. Department of Labor, or the
employees or their representatives.
10. Certification of eligibility.
a. By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an
interest in the contractor's firm is a person or firm ineligible to
be awarded Government contracts by virtue of section 3(a) of
the Davis-Bacon Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person
or firm ineligible for award of a Government contract by virtue
of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
c. The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001.
V. CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
The following clauses apply to any Federal-aid construction
contract in an amount in excess of $100,000 and subject to the
overtime provisions of the Contract Work Hours and Safety
Standards Act. These clauses shall be inserted in addition to
the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As
guarantee of funds. Furthermore, failure to submit the required
records upon request or to make such records available may
be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and trainees
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with
a State Apprenticeship Agency recognized by the Office, or if a
person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but
who has been certified by the Office of Apprenticeship
Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job
site in any craft classification shall not be greater than the ratio
permitted to the contractor as to the entire work force under
the registered program. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination
for the work actually performed. Where a contractor is
performing construction on a project in a locality other than
that in which its program is registered, the ratios and wage
rates (expressed in percentages of the journeyman's hourly
rate) specified in the contractor's or subcontractor's registered
program shall be observed.
Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeymen hourly
rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with
the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer
and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable
Department of Labor, withhold or cause to be withheld from
the contractor under this contract, or any other Federal
contract with the same prime contractor, or any other federally-
assisted contract subject to Davis-Bacon prevailing wage
requirements, which is held by the same prime contractor, so
much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee, or
helper, employed or working on the site of the work, all or part
of the wages required by the contract, the contracting agency
may, after written notice to the contractor, take such action as
may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such violations
have ceased.
3. Payrolls and basic records
a. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers
and mechanics working at the site of the work. Such records
shall contain the name, address, and social security number of
each such worker, his or her correct classification, hourly rates
of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section 1(b)(2)(B) of the
Davis-Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that
the wages of any laborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis-
Bacon Act, the contractor shall maintain records which show
that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the
plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs.
b. (1) The contractor shall submit weekly for each week in
which any contract work is performed a copy of all payrolls to
the contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required to be
maintained under 29 CFR 5.5(a)(3)(i), except that full social
security numbers and home addresses shall not be included
on weekly transmittals. Instead the payrolls shall only need to
include an individually identifying number for each employee (
e.g. , the last four digits of the employee's social security
number). The required weekly payroll information may be
submitted in any form desired. Optional Form WH–347 is
available for this purpose from the Wage and Hour Division
Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm
1273 format and FHWA program requirements.
1. Minimum wages
a. All laborers and mechanics employed or working upon
the site of the work, will be paid unconditionally and not less
often than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor
under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics.
Contributions made or costs reasonably anticipated for bona
fide fringe benefits under section 1(b)(2) of the Davis-Bacon
Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions
of paragraph 1.d. of this section; also, regular contributions
made or costs incurred for more than a weekly period (but not
less often than quarterly) under plans, funds, or programs
which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination for
the classification of work actually performed, without regard to
skill, except as provided in 29 CFR 5.5(a)(4). Laborers or
mechanics performing work in more than one classification
may be compensated at the rate specified for each
classification for the time actually worked therein: Provided,
That the employer's payroll records accurately set forth the
time spent in each classification in which work is performed.
The wage determination (including any additional classification
and wage rates conformed under paragraph 1.b. of this
section) and the Davis-Bacon poster (WH–1321) shall be
posted at all times by the contractor and its subcontractors at
the site of the work in a prominent and accessible place where
it can be easily seen by the workers.
b. (1) The contracting officer shall require that any class of
laborers or mechanics, including helpers, which is not listed in
the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
d. In the event the union is unable to provide the contractor
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement, the contractor will,
through independent recruitment efforts, fill the employment
vacancies without regard to race, color, religion, sex, national
origin, age or disability; making full efforts to obtain qualified
and/or qualifiable minorities and women. The failure of a union
to provide sufficient referrals (even though it is obligated to
provide exclusive referrals under the terms of a collective
bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these
special provisions, such contractor shall immediately notify the
contracting agency.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar
with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established there
under. Employers must provide reasonable accommodation in
all employment activities unless to do so would cause an
undue hardship.
9. Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex,
national origin, age or disability in the selection and retention
of subcontractors, including procurement of materials and
leases of equipment. The contractor shall take all necessary
and reasonable steps to ensure nondiscrimination in the
administration of this contract.
a. The contractor shall notify all potential subcontractors and
suppliers and lessors of their EEO obligations under this
contract.
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurance Required by 49 CFR 26.13(b):
a. The requirements of 49 CFR Part 26 and the State
DOT’s U.S. DOT-approved DBE program are incorporated by
reference.
b. The contractor or subcontractor shall not discriminate on
the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and
administration of DOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the contracting agency
deems appropriate.
11. Records and Reports: The contractor shall keep such
records as necessary to document compliance with the EEO
requirements. Such records shall be retained for a period of
three years following the date of the final payment to the
contractor for all contract work and shall be available at
reasonable times and places for inspection by authorized
representatives of the contracting agency and the FHWA.
applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of
employees by means of meetings, employee handbooks, or
other appropriate means.
4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the
notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large
circulation among minorities and women in the area from
which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral
sources likely to yield qualified minorities and women. To
meet this requirement, the contractor will identify sources of
potential minority group employees, and establish with such
identified sources procedures whereby minority and women
applicants may be referred to the contractor for employment
consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the
contractor is expected to observe the provisions of that
agreement to the extent that the system meets the contractor's
compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to
refer minorities and women as applicants for employment.
Information and procedures with regard to referring such
applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and
personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be
taken without regard to race, color, religion, sex, national
origin, age or disability. The following procedures shall be
followed:
a. The contractor will conduct periodic inspections of project
sites to insure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
personnel.
b. The contractor will periodically evaluate the spread of
wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment
or any other action determined to be appropriate by the
contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal-aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. The term Federal-aid
highway does not include roadways functionally classified as
local roads or rural minor collectors.
II. NONDISCRIMINATION
The provisions of this section related to 23 CFR Part 230 are
applicable to all Federal-aid construction contracts and to all
related construction subcontracts of $10,000 or more. The
provisions of 23 CFR Part 230 are not applicable to material
supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR 60,
29 CFR 1625-1627, Title 23 USC Section 140, the
Rehabilitation Act of 1973, as amended (29 USC 794), Title VI
of the Civil Rights Act of 1964, as amended, and related
regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR
Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000,
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR 60, and 29
CFR 1625-1627. The contracting agency and the FHWA have
the authority and the responsibility to ensure compliance with
Title 23 USC Section 140, the Rehabilitation Act of 1973, as
amended (29 USC 794), and Title VI of the Civil Rights Act of
1964, as amended, and related regulations including 49 CFR
Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR 230, Appendix
A, with appropriate revisions to conform to the U.S.
Department of Labor (US DOL) and FHWA requirements.
1. Equal Employment Opportunity: Equal employment
opportunity (EEO) requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth
under laws, executive orders, rules, regulations (28 CFR 35,
29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27)
and orders of the Secretary of Labor as modified by the
Affirmative Action Requirements – Equal Employment Opportunity
Disadvantaged Business Enterprise – Definitions and Requirements
Minimum Wages Colorado, U.S. Department of Labor General
Decision Numbers CO140024, Highway Construction
Statewide On the Job Training
(July 29, 2011) 3