HomeMy WebLinkAboutBID - 8035 ARTHUR DITCH BRIDGE REPLACEMENT - CANYON STREET (3)SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
ARTHUR DITCH BRIDGE REPLACEMENT –
CANYON AVENUE
BID NO. 8035
PURCHASING DIVISION
215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS
DECEMBER 8, 2014 – 3:00 P.M. (OUR CLOCK)
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
CONTRACT DOCUMENTS TABLE OF CONTENTS
Section Pages
BID INFORMATION
00020 Notice Inviting Bids 00020-1 - 00020-2
00100 Instruction to Bidders 00100-1 - 00100-9
00300 Bid Form 00300-1 - 00300-3
00400 Supplements to Bid Forms 00400-1
00410 Bid Bond 00410-1 - 00410-2
00420 Statements of Bidders Qualifications 00420-1 - 00420-3
00430 Schedule of Major Subcontractors 00430-1
CONTRACT DOCUMENTS
00500 Agreement Forms 00500-1
00510 Notice of Award 00510-0
00520 Agreement 00520-1 - 00520-6
00530 Notice to Proceed 00530-1
00600 Bonds and Certificates 00600-1
00610 Performance Bond 00610-1 - 00610-2
00615 Payment Bond 00615-1 - 00615-2
00630 Certificate of Insurance 00630-1
00635 Certificate of Substantial Completion 00635-1
00640 Certificate of Final Acceptance 00640-1
00650 Lien Waiver Release (Contractor) 00650-1 - 00650-2
00660 Consent of Surety 00660-1
00670 Application for Exemption Certificate 00670-1 - 00670-2
CONDITIONS OF THE CONTRACT
00700 General Conditions 00700-1 - 00700-34
Exhibit GC-A GC-A1 - GC-A2
00800 Supplementary Conditions 00800-1 - 00800-2
00900 Addenda, Modifications, and Payment 00900-1
00950 Contract Change Order 00950-1 - 00950-2
00960 Application for Payment 00960-1 - 00960-4
SPECIFICATIONS
SECTION 00020
INVITATION TO BID
SECTION 00020
INVITATION TO BID
Date: November 17, 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 December 8, 2014, for the
Arthur Ditch Bridge Replacement – Canyon Avenue; BID NO. 8035. If delivered, they are
to be delivered to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado, 80524. If mailed,
the mailing address is P. O. Box 580, Fort Collins, CO 80522-0580.
At said place and time, and promptly thereafter, all Bids that have been duly received will be
publicly opened and read aloud.
The Contract Documents provide for the construction of Bid 8035. The Work will consist of the
removal and replacement of the Arthur ditch box culvert. The limits of the box are generally
located on the north side for Mulberry Street adjacent to the Mulberry Pool parking lot and
completing at the rights of way on Canyon Avenue adjacent to 419 Canyon Avenue. The
existing structure will be removed and replaced with pre-approved precast box culverts. The
design length of the project is approximately 316 linear feet. A small portion of Canyon Avenue
is planned for reconstruction adjacent to the box that will improve the vehicular ride quality at
this location. More specifically, the project includes: removals as defined in the plans, erosion
control, structural excavation, precast box installation, inlet and stormwater pipe installation,
concrete curb and gutter, full depth asphalt pavement, median / parkway irrigation and turf
restoration, retaining walls, concrete sidewalks and traffic control. Permanent signage,
permanent striping and construction staking will be completed by the City of Fort Collins.
All Bids must be in accordance with the Contract Documents on file with the City of Fort Collins,
215 North Mason St., 2nd floor, Fort Collins, Colorado 80524.
The City encourages all disadvantaged business enterprises to submit bid in response to all
invitations and will not be discriminated against on the grounds of race, color, national origin.
A prebid conference and job walk with representatives of prospective Bidders will be
held at 10:00 AM, on November 25, 20104, in 1B at 215 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:
• Rocky Mountain E-Purchasing System: 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
Director of Purchasing & Risk Management
SECTION 00100
INSTRUCTIONS TO BIDDERS
SECTION 00100
INSTRUCTIONS TO BIDDERS
1.0 DEFINED TERMS
Terms used in these Instructions to Bidders which are defined in the Standard General
Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings
assigned to them in the General Conditions. The term "Bidder" means one who submits
a Bid to OWNER, as distinct from a sub-bidder, who submits a Bid to Bidder. The terms
"Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to
whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an
award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid,
Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including
all Addenda issued prior to receipt of Bids).
2.0 COPIES OF BIDDING DOCUMENTS
2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to
Bid. No partial sets will be issued. The Bidding Documents may be examined at the
locations identified in the Invitation to Bid.
2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither
OWNER nor Engineer assumes any responsibility for errors or misinterpretations
resulting from the use of incomplete sets of Bidding Documents.
2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430
fully executed.
2.4. OWNER and Engineer, in making copies of Bidding Documents available on the
above terms, do so only for the purpose of obtaining Bids on the Work and do not
confer a license or grant for any other use.
3.0 QUALIFICATION OF BIDDERS
3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the
time of the Bid opening, a written statement of qualifications including financial data,
a summary of previous experience, previous commitments and evidence of
authority to conduct business in the jurisdiction where the Project is located. Each
Bid must contain evidence of Bidder's qualification to do business in the state where
the Project is located or covenant to obtain such qualification prior to award of the
contract. The Statement of Qualifications shall be prepared on the form provided in
Section 00420.
3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in
determining whether a bidder is responsible, the following shall be considered: (1)
The ability, capacity and skill of the bidder to perform the contract or provide the
services required, (2) whether the bidder can perform the contract or provide the
service promptly and within the time specified without delay or interference, (3) the
character, integrity, reputation, judgment, experience and efficiency of the bidder,
(4) the quality of the bidder's performance of previous contracts or services, (5) the
previous and existing compliance by the bidder with laws and ordinances relating to
the contract or service, (6) the sufficiency of the financial resources and ability of the
bidder to perform the contract or provide the service, (7) the quality, availability and
adaptability of the materials and services to the particular use required, (8) the
ability of the bidder to provide future maintenance and service for the use of the
subject of the contract, and (9) any other circumstances which will affect the
bidder's performance of the contract.
3.3. Each Bidder may be required to show that he has handled former Work so that no
just claims are pending against such Work. No Bid will be accepted from a Bidder
who is engaged on any other Work which would impair his ability to perform or
finance this Work.
3.4 No Bidder shall be in default on the performance of any other contract with the City
or in the payment of any taxes, licenses or other monies due to the City.
4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE
4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the
Contract Documents thoroughly, (b) visit the site to familiarize himself with local
conditions that may in any manner affect cost, progress or performance of the
Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and
regulations that may in any manner affect cost, progress or performance of the
Work, (d) study and carefully correlate Bidder's observations with the Contract
Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the
Contract Documents.
4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface
and Physical Conditions SC-4.2.
4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder
that Bidder has complied with every requirement of this Article 4, that without
exception the Bid is premised upon performing and furnishing the Work required by
the Contract Documents and such means, methods, techniques, sequences or
procedures of construction as may be indicated in or required by the Contract
Documents, and that the Contract Documents are sufficient in scope and detail to
indicate and convey understanding of all terms and conditions for performance and
furnishing of the Work.
5.0 INTERPRETATIONS AND ADDENDA.
5.1. All questions about the meaning or intent of the Bidding Documents are to be
submitted in writing to the Engineer and the OWNER. Interpretation or clarifications
considered necessary in response to such questions will be issued only by
Addenda. Questions received less than seven days prior to the date for opening of
the Bids may not be answered. Only questions answered by formal written Addenda
will be binding. Oral and other interpretations or clarifications will be without legal
effect.
5.2. All questions concerning the scope of this project should be directed to the
Engineer. Questions regarding submittal of bids should be directed to the City of
Fort Collins' Purchasing Division.
5.3. Addenda may also be issued to modify the Bidding Documents as deemed
advisable by OWNER or Engineer.
5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as
having received the Bidding documents.
6.0 BID SECURITY
6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the
amount stated in the Invitation to Bid. The required security must be in the form of a
certified or bank cashier's check payable to OWNER or a Bid Bond on the form
enclosed herewith. The Bid Bond must be executed by a surety meeting the
requirements of the General Conditions for surety bonds.
6.2. The Bid Security of the successful Bidder will be retained until such Bidder has
executed the Agreement and furnished the required contract security, whereupon
Bid Security will be returned. If the successful Bidder fails to execute and deliver the
Agreement and furnish the required contract security within 15 days of the Notice of
Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder
will be forfeited. The Bid Security of other Bidders whom OWNER believes to have
reasonable chance receiving the award may be retained by OWNER until the earlier
of the seventh day after the effective date of the Agreement or the thirty-first day
after the Bid Opening, whereupon Bid Security furnished by such Bidders will be
returned. Bid Security with Bids which are not competitive will be returned within
seven days after the Bid opening.
7.0 CONTRACT TIME.
The number of days within which, or the date by which the Work is to be substantially
complete and also completed and ready for Final Payment (the Contract Times) are set
forth in the Agreement.
8.0 LIQUIDATED DAMAGES.
Provisions for liquidated damages are set forth in the Agreement.
9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT
The Contract, if awarded, will be on the basis of material and equipment described on
the Drawings or specified in the Specifications without consideration of possible
substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in
the Specifications that a substitute or "or equal" item of material or equipment may be
furnished or used by CONTRACTOR if acceptable to Engineer, application for such
acceptance will not be considered by Engineer until after the "effective date of the
Agreement". The procedure for submittal of any such application by CONTRACTOR and
consideration by Engineer is set forth in the General Conditions which may be
supplemented in the General Requirements.
10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS
10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal
subcontractors he proposes to use in the Work. Refer to Section 00430 contained
within these Documents.
10.2. If OWNER or Engineer after due investigation has reasonable objection to any
proposed Subcontractor, either may, before the Notice of Award is given, request
the apparent successful Bidder to submit an acceptable substitute without an
increase in Bid price. If the apparent successful Bidder declines to make any
substitution, OWNER may award the contract to the next lowest responsive and
responsible Bidder that proposes to use acceptable subcontractors.
Subcontractors, suppliers, other persons or organization listed and to whom
OWNER or Engineer does not make written objection prior to the giving of the
Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to
revocation of such acceptance after the effective date of the Agreement as
provided in the General Conditions.
10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or
other persons or organizations against whom he has reasonable objection. The
use of subcontractors listed by the Bidder and accepted by OWNER prior to the
Notice of Award will be required in the performance of the Work.
11.0 BID FORM.
11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained
by the Bidder. A separate unbound copy is enclosed for submission with the Bid.
11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must
be stated in words and numerals; in case of conflict, words will take precedence.
Unit prices shall govern over extensions of sums.
11.3. Bids by corporations must be executed in the corporate name by the president or a
vice-president (or other appropriate officer accompanied by evidence of authority to
sign) and the corporate seal shall be affixed and attested by the secretary or an
assistant secretary. The corporate address and state of incorporation shall be
shown below the corporate name.
11.4. Bids by partnerships must be executed in the partnership name and signed by a
partner, his title must appear under his signature and the official address of the
partnership must be shown below the signature.
11.5. Bids by joint venture shall be signed by each participant in the joint venture or by
an authorized agent of each participant. The full name of each person or company
interested in the Bid shall be listed on the Bid Form.
11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers
of which must be filled in on the Bid Form).
11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations,
or otherwise will be acceptable unless each such alteration is signed or initialed by
the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so
initialed.
11.8. The address and telephone number for communications regarding the Bid shall be
shown.
12.0 BID PRICING.
Bids must be priced as set forth in the Bid Schedule or Schedules.
13.0 SUBMISSION OF BIDS.
13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and
shall be enclosed in an opaque sealed envelope marked with the Project title, Bid
No., and name and address of the Bidder and accompanied by the Bid Security,
Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of
Subcontractors as required in Section 00430. If the Bid is sent through the mail or
other delivery system, the sealed envelope shall be enclosed in a separate
envelope with the notation "BID ENCLOSED" on the face of it.
13.2. Bids shall be deposited at the designated location prior to the time and date for
receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by
addendum. Bids received after the time and date for receipt of Bids will be returned
unopened. Bidder shall assume full responsibility for timely delivery at the location
designated for receipt of Bids.
13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive
consideration.
13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will
not be accepted from one firm or association.
14.0 MODIFICATION AND WITHDRAWAL OF BIDS.
14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in
a manner that a Bid must be executed) and delivered to the place where Bids are
to be submitted at any time prior to the opening of Bids.
14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized
representative provided he can prove his identity and authority at any time prior to
the opening of Bids.
14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of
Bids provided that they are then fully in conformance with these Instructions to
Bidders.
15.0 OPENINGS OF BIDS.
Bids will be opened and (unless obviously non-responsive) read aloud publicly as
indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major
alternates (if any) will be made available after the opening of Bids.
16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE.
All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but
OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to
that date.
17.0 AWARD OF CONTRACT.
17.1. OWNER reserves the right to reject any and all Bids, to waive any and all
informalities not involving price, time or changes in the Work, to negotiate contract
terms with the Successful Bidder, and the right to disregard all nonconforming,
nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to
reject the Bid of any Bidder if OWNER believes that it would not be in the best
interest of the Project to make an award to that Bidder, whether because the Bid is
not responsive or the Bidder is unqualified or of doubtful financial ability or fails to
meet any other pertinent standard or criteria established by OWNER.
Discrepancies between the indicated sum of any column of figures and the correct
sum thereof will be resolved in favor of the correct sum.
17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether
or not the Bids comply with the prescribed requirements, and such alternates, unit
prices and other data, as may be requested in the Bid Form or prior to the Notice of
Award.
17.3. OWNER may consider the qualification and experience of Subcontractors,
Suppliers, and other persons and organizations proposed for those portions of the
Work as to which the identity of Subcontractors, Suppliers, and other persons and
organizations is submitted as requested by OWNER. OWNER also may consider
the operating costs, maintenance requirements, performance data and guarantees
of major items of materials and equipment proposed for incorporation in the Work
when such data is required to be submitted prior to the Notice of Award.
17.4. OWNER may conduct such investigations as OWNER deems necessary to assist
in the evaluation of any Bid and to establish the responsibility, qualifications and
financial ability of the Bidder's proposed Subcontractors, Suppliers and other
persons and organizations to do the Work in accordance with the Contract
Documents to OWNER's satisfaction within the prescribed time.
17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and
responsible Bidder whose evaluation by OWNER indicates to OWNER that the
award will be in the best interest of the OWNER. Award shall be made on the
evaluated lowest base bid excluding alternates. The basis for award shall be the
lowest Bid total for the Schedule or, in the case of more than one schedule, for
sum of all schedules. Only one contract will be awarded.
17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice
of Award within forty-five (45) days after the date of the Bid opening.
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 hall 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 PURCHASING RESTRICTIONS.
Purchasing restrictions: The Bidder's authorized signature of this Bid assures the
Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions is
available for review in the Purchasing and Risk Management Division or the City Clerk's
office.
A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that
suppliers and producers of cement or products containing cement to certify
that the cement was not made in cement kilns that burn hazardous waste as
a fuel.
23.0 COLLUSIVE OR SHAM BIDS.
Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be
rejected and reported to authorities as such. Your authorized signature of this Bid
assures that such Bid is genuine and is not a collusive or sham Bid.
24.0 BID RESULTS.
For information regarding results for individual Bids send a self-addressed, self-stamped
envelope and a Bid tally will be mailed to you. Bid results will be posted in the
Purchasing office seven (7) days after the Bid Opening.
END OF SECTION
SECTION 00300
BID FORM
SECTION 00300
BID FORM
PROJECT: 8035 Arthur Ditch Bridge Replacement – Canyon Avenue
Place:
Date:
1. In compliance with your Invitation to Bid dated , 20 and subject to
all conditions thereof, the undersigned a (Corporation, Limited Liability Company,
Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of
Colorado hereby proposes to furnish and do everything required by the Contract
Documents to which this refers for the construction of all items listed on the following Bid
Schedule or Bid Schedules.
2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in
good faith, without collusion or connection with any other person or persons Bidding for
the same Work, and that it is made in pursuance of and subject to all the terms and
conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the
detailed Specifications, and the Drawings pertaining to the Work to be done, all of which
have been examined by the undersigned.
3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum
of
($ ) in accordance with the Invitation To Bid and Instructions to
Bidders.
4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and
a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days
from the date when the written notice of the award of the contract is delivered to him at
the address given on this Bid. The name and address of the corporate surety with which
the Bidder proposes to furnish the specified performance and payment Bonds is as
follows: .
5. All the various phases of Work enumerated in the Contract Documents with their
individual jobs and overhead, whether specifically mentioned, included by implication or
appurtenant thereto, are to be performed by the CONTRACTOR under one of the items
listed in the Bid Schedule, irrespective of whether it is named in said list.
6. Payment for Work performed will be in accordance with the Bid Schedule or Bid
Schedules subject to changes as provided in the Contract Documents.
7. The undersigned Bidder hereby acknowledges receipt of Addenda No. through
.
8. BID SCHEDULE (Base Bid)
ARTHUR DITCH BRIDGE REPLACEMENT- CANYON AVENUE
BID SCHEDULE
ITEM
NO.
ITEM DESCRIPTION
UNIT
QUANTITY
UNIT COST
COST
1 Clearing and Grubbing LS 1 $ - $ -
2 Removal of Portions of Structures
(RCB)
LF 312 $ - $ -
3 Removal of Inlet EACH 2 $ - $ -
4 Removal of Pipe LF 21 $ - $ -
5 Removal of Curb and Gutter LF 637 $ - $ -
6 Removal of Concrete (4"-8") SY 237 $ - $ -
7 Removal of Asphalt Mat (6"-9") SY 1068 $ - $ -
8 Removal of Asphalt Mat (Planing)
(less than 3")
SY 506 $ - $ -
9 Removal of Asphalt Mat (Planing)
(3"-7.5")
SY 600 $ - $ -
10 Removal of Wall LF 92 $ - $ -
11 Removal of Bollard EACH 2 $ - $ -
12 Removal of Posts (Including
Attached Chain)
EACH 12 $ - $ -
13 Potholing HOUR 16 $ - $ -
14 Embankment CY 14 $ - $ -
15 Muck Excavation CY 10 $ - $ -
16 Structure Excavation CY 841 $ - $ -
17 Structural Backfill (Class 1) CY 336 $ - $ -
18 Filter Material (Class A) CY 148 $ - $ -
19 Topsoil CY 20 $ - $ -
20 Silt Fence LF 193 $ - $ -
21 Erosion Control Supervisor HR 40 $ - $ -
22 Aggregate Bags LF 86 $ - $ -
23 Stabilized Construction Entrance EACH 1 $ - $ -
24 Concrete Washout Structure EACH 1 $ - $ -
25 Storm Drain Inlet Protection
(Type II)
EACH 7 $ - $ -
26 Remove & Stockpile Modular
Wall
LF 34 $ - $ -
27 Adjust Manhole EACH 2 $ - $ -
28 Dewatering LS 1 $ - $ -
29 Sod SF 1560 $ - $ -
30 Landscape Boarder (Timber
Treated) (8' long)
EACH 8 $ - $ -
31 Aggregate Base Course (Class 6) TON 103 $ - $ -
32 Aggregate Base Course (Special)
(3"-4" Cobble)
CY 8 $ - $ -
33 Hot Mix Asphalt (Grading S) (75)
(PG 64-22)
TON 216 $ - $ -
34 Hot Mix Asphalt (Grading SX)
(75) (PG 64-22)
TON 168 $ - $ -
35 Hot Mix Asphalt (Temporary) TON 29 $ - $ -
36 Waterproofing Membrane SY 195 $ - $ -
37 Concrete Class D (RCB) CY 44 $ - $ -
38 Concrete Wall (Mulberry St) LF 48 $ - $ -
39 Reinforcing Steel (Epoxy) LB 12837 $ - $ -
40 15 Inch Reinforced Concrete
Pipe (CIP) (CLASS III)
LF 119 $ - $ -
41 9'x2.5' Concrete Box Culvert (4-
sided) (Precast)
LF 582 $ - $ -
42 Single Curb Inlet EACH 2 $ - $ -
43 Manhole Ring & Cover (30-Inch) EACH 2 $ - $ -
44 Manhole Ring & Cover (36-Inch) EACH 1 $ - $ -
45 Fence (Plastic) LF 475 $ - $ -
46 Fence (Temporary) LF 668 $ - $ -
47 Concrete Driveways (6-Inch) SY 38 $ - $ -
48 Concrete Sidewalk (4-Inch) SY 162 $ - $ -
49 Curb and Gutter (Infall) LF 460 $ - $ -
50 Curb and Gutter (Outfall) LF 151 $ - $ -
51 Temporary Curb (8" Vertical
Barrier) (DT-701)
LF 87 $ - $ -
52 Sanitary Facility EACH 1 $ - $ -
53 Mobilization LS 1 $ - $ -
54 Concrete Barrier
(Temporary)(includes resets)
LF 132 $ - $ -
55 Barricade (Type 3 M-
A)(Temporary)
EACH 8 $ - $ -
56 Construction Traffic Sign (Panel
Size A)
EACH 9 $ - $ -
57 Construction Traffic Sign (Panel
Size B)
EACH 4 $ - $ -
58 Traffic Control Management DAY 20 $ - $ -
59 Traffic Control Inspection DAY 45 $ - $ -
60 Flagging HR 80 $ - $ -
61 F/A Landscaping 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:
Printed Date
Title
License Number (If Applicable)
(Seal - if Bid is by corporation)
Attest:
Address
Telephone
Email
SECTION 00400
SUPPLEMENTS TO BID FORMS
00410 Bid Bond
00420 Statement of Bidder's Qualifications
00430 Schedule of Subcontractors
SECTION 00410
BID BOND
KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned
as Principal, and , as Surety, are hereby held and firmly
bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $
for the payment of which, well and truly to be made, we hereby jointly and severally bind
ourselves, successors, and assigns.
THE CONDITION of this obligation is such that whereas the Principal has submitted to the City
of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a
Construction Agreement for the construction of Fort Collins Project, 8035 Arthur Ditch Bridge
Replacement – Canyon Avenue.
NOW THEREFORE,
(a) If said Bid shall be rejected, or
(b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the
form of Contract attached hereto (properly completed in accordance with said Bid) and
shall furnish a BOND for his faithful performance of said Contract, and for payment of all
persons performing labor or furnishing materials in connection therewith, and shall in all
other respects perform the Agreement created by the acceptance of said Bid, then this
obligation shall be void; otherwise the same shall remain in force and effect, it being
expressly understood and agreed that the liability of the Surety for any and all claims
hereunder shall, in no event, exceed the penal amount of this obligation as herein
stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety
and its BOND shall be in no way impaired or affected by any extension of the time within which
the OWNER may accept such Bid; and said Surety does hereby waive notice of any such
extension.
Surety Companies executing bonds must be authorized to transact business in the State of
Colorado and be accepted by the OWNER.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals
this day of , 20__, and such of them as are corporations have caused
their corporate seals to be hereto affixed and these presents to be signed by their proper
officers, the day and year first set forth above.
PRINCIPAL SURETY
Name:
Address:
By: By:
Title: Title:
ATTEST:
By:
(SEAL) (SEAL)
SECTION 00420
STATEMENT OF BIDDER'S QUALIFICATIONS
All questions must be answered and the data given must be clear and comprehensive. This
statement must be notarized. If necessary, questions may be answered on separate attached
sheets. The Bidder may submit any additional information he desires.
1. Name of Bidder:
2. Permanent main office address:
3. When organized:
4. If a corporation, where incorporated:
5. How many years have you been engaged in the contracting business under your present
firm or trade name?
6. Contracts on hand: (Schedule these, showing the amount of each contract and the
appropriate anticipated dates of completion.)
7. General character of Work performed by your company:
8. Have you ever failed to complete any Work awarded to you?
If so, where and why?
9. Have you ever defaulted on a contract?
If so, where and why?
10. Are you debarred by any government agency?
If yes list agency name.
11. List the more important projects recently completed by your company, stating the
approximate cost of each, and the month and year completed, location and type of
construction.
12. List your major equipment available for this contract.
13. Experience in construction Work similar in importance to this project:
14. Background and experience of the principal members of your organization, including
officers:
15. Credit available: $
16. Bank Reference:
17. Will you, upon request, fill out a detailed financial statement and furnish any other
information that may be required by the OWNER?
18. Are you licensed as a General Contractor?
If yes, in what city, county and state?
What class, license and numbers?
19. Do you anticipate subcontracting Work under this Contract?
If yes, what percent of total contract?
And to whom?
20. Are any lawsuits pending against you or your firm at this time?
IF yes, DETAIL
21. What are the limits of your public liability? DETAIL
What company?
22. What are your company's bonding limitations?
23. The undersigned hereby authorizes and requests any person, firm or corporation to
furnish any information requested by the OWNER in verification of the recital comprising
this Statement of Bidder's Qualifications.
Dated at ________________ this ______ day of __________________, 20__.
Company:
By: Printed:
Title:
State of
County of
being duly sworn deposes and says that he
is of
(Name) (Organization)
and that the answers to the foregoing questions and all statements therein contained are true
and correct.
Subscribed and sworn to before me this _______ day of____________, 20__.
(Seal)
Notary Public
My commission expires: .
SECTION 00430
SCHEDULE OF SUBCONTRACTORS
List all subcontractors for the work items listed below and all subcontractors performing over
10% of the contract.
ITEM SUBCONTRACTOR
SECTION 00500
AGREEMENT FORMS
00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
SECTION 00510
NOTICE OF AWARD
DATE: [Date]
TO: [Contractor]
PROJECT: 8035 Arthur Ditch Bridge Replacement – Canyon Avenue
OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER")
You are hereby notified that your Bid dated [Contractor's Bid Date] for the above project has
been considered. You are the apparent successful Bidder and have been awarded an
Agreement for 8035 Arthur Ditch Bridge Replacement – Canyon Avenue.
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 8035 Arthur Ditch
Bridge Replacement – Canyon Avenue and is generally described in Section
01010.
ARTICLE 2. ENGINEER
The Project has been designed by JUB Engineers, Inc.. The City of Fort Collins
Engineering Department who 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 Days (100)
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
One Hundred Twenty Day (120) calendar days after the date when
the Contract Times commence to run.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is
of the essence of this Agreement and that OWNER will suffer financial loss
if the Work is not completed within the times specified in paragraph 3.1.
above, plus any extensions thereof allowed in accordance with Article 12 of
the General Conditions.
They also recognize the delays, expenses and difficulties involved in
proving in a legal preceding the actual loss suffered by OWNER if the Work
is not completed on time. Accordingly, instead of requiring any such proof,
OWNER and CONTRACTOR agree that as Liquidated damages for delay
(but not as penalty) CONTRACTOR shall pay OWNER the amounts set
forth hereafter.
1) Substantial Completion:
One Thousand Four Hundred Dollars ($1400) for each calendar day or
fraction thereof that expires after the One Hundred (100) calendar day
period for Substantial Completion of the Work until the Work is
Substantially Complete.
2) Final Acceptance:
After Substantial Completion, One Thousand and Four Hundred Dollars
($1400) for each calendar day or fraction thereof that expires after the
Twenty (20) calendar day period for Final Payment and Acceptance
until the Work is ready for Final Payment and Acceptance.
ARTICLE 4. CONTRACT PRICE
4.1 OWNER shall pay CONTRACTOR for performance of the Work in
accordance with the Contract Documents in current funds as follows:
Dollars ($ ), in accordance with Section 00300, attached and
incorporated herein by this reference.
ARTICLE 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Article
14 of the General Conditions. Applications for Payment will be processed by
ENGINEER as provided in the General Conditions.
5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on
account of the Contract Price on the basis of CONTRACTOR's Application
for Payment as recommended by ENGINEER, once each month during
construction as provided below. All progress payments will be on the basis
of the progress of the Work measured by the schedule of values
established in paragraph 2.6 of the General Conditions and in the case of
Unit Price Work based on the number of units completed, and in
accordance with the General Requirements concerning Unit Price Work.
5.1.1. Prior to Substantial Completion, Owner will be entitled to withhold as
contract retainage five percent (5%) of each progress payment, but, in each
case, less the aggregate of payments previously made and less such
amounts as ENGINEER shall determine, or OWNER may withhold, in
accordance with paragraph 14.7 of the General Conditions. If , in the sole
discretion of Owner, on recommendation of Engineer, Owner determines
that the character and progress of the Work have been satisfactory to
OWNER and ENGINEER, OWNER may determine that as long as the
character and progress of the Work remain satisfactory to them, there will
be no additional retainage on account of Work completed in which case the
remaining progress payments prior to Substantial Completion will be in an
amount equal to 100% of the Work completed. 95% of materials and
equipment not incorporated in the Work (but delivered, suitably stored and
accompanied by documentation satisfactory to OWNER as provided in
paragraph 14.2 of the General Conditions) may be included in the
application Section 00520 Page 3 for payment.
5.1.2. Upon Substantial Completion payment will be made in an amount
sufficient, if necessary, to increase total payments to CONTRACTOR to
95% of the Contract Price, less such amounts as ENGINEER shall
determine or OWNER may withhold in accordance with paragraph 14.7 of
the General Conditions or as provided by law.
5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in
accordance with paragraph 14.13 of the General Conditions, OWNER shall
pay the remainder of the Contract Price as recommended by ENGINEER
as provided in said paragraph 14.13.
ARTICLE 6. CONTRACTOR'S REPRESENTATION
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes
the following representations:
6.1. CONTRACTOR has familiarized himself with the nature and extent of the
Contract Documents, Work, site, locality, and with all local conditions and
Laws and Regulations that in any manner may affect cost, progress,
performance or furnishing of the Work.
6.2. CONTRACTOR has studied carefully all reports of explorations and tests of
subsurface conditions and drawings of physical conditions which are
identified in the Supplementary Conditions as provided in paragraph 4.2 of
the General Conditions.
6.3. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all such examinations,
investigations, explorations, tests, reports, and studies (in addition to or to
supplement those referred to in paragraph 6.2 above) which pertain to the
subsurface or physical condition at or contiguous to the site or otherwise
may affect the cost, progress, performance or furnishing of the Work as
CONTRACTOR considers necessary for the performance or furnishing of
the Work at the Contract Price, within the Contract Times and in
accordance with the other terms and conditions of the Contract Documents,
including specifically the provisions of paragraph 4.2 of the General
Conditions; and no additional examinations, investigations, explorations,
tests, reports, studies or similar information or data are or will be required
by CONTRACTOR for such purposes.
6.4. CONTRACTOR has reviewed and checked all information and data shown
or indicated on the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site and assumes
responsibility for the accurate location of said Underground Facilities. No
additional examinations, investigations, explorations, tests, reports, studies
or similar information or data in respect of said Underground Facilities are
or will be required by CONTRACTOR in order to perform and furnish the
Work at the Contract Price, within the Contract Times and in accordance
with the other terms and conditions of the Contract Documents, including
specifically the provision of paragraph 4.3. of the General Conditions.
6.5. CONTRACTOR has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of the Contract Documents.
6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors
or discrepancies that he has discovered in the Contract Documents and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
ARTICLE 7. CONTRACT DOCUMENTS
7.1 The Contract Documents which comprise the entire Agreement between
OWNER and CONTRACTOR concerning the Work consist of the General
Conditions, Supplementary Conditions, those items included in the
definition of “Contract Documents” in Article 1.10 of the General Conditions,
and such other items as are referenced in this Article 7, all of which are
incorporated herein by this reference.
7.2 Forms for use by CONTRACTOR in performing the Work and related
actions in carrying out the terms of this Agreement are deemed Contract
Documents and incorporated herein by this reference, and include, but are
not limited to, the following:
7.2.1 Certificate of Substantial Completion
7.2.2 Certificate of Final Acceptance
7.2.3 Lien Waiver Releases
7.2.4 Consent of Surety
7.2.5 Application for Exemption Certificate
7.2.6 Application for Payment
7.3 Drawings, consisting of a cover sheet and sheets numbered as follows:
The Contract Drawings shall be stamped "Final for Construction" and
dated. Any revisions made shall be clearly identified and dated.
7.4. Addenda Numbers to , inclusive.
7.5. The Contract Documents also include all written amendments and other
documents amending, modifying, or supplementing the Contract
Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions.
7.6. There are no Contract Documents other than those listed or incorporated
by reference in this Article 7. The Contract Documents may only be
amended, modified or supplemented as provided in paragraphs 3.5 and 3.6
of the General Conditions.
ARTICLE 8. MISCELLANEOUS
8.1. Terms used in this Agreement which are defined in Article I of the General
Conditions shall have the meanings indicated in the General Conditions.
8.2. No assignment by a party hereto of any rights under or interests in the
Contract Documents will be binding on another party hereto without the
written consent of the party sought to be bound; and specifically but not
without limitations, moneys that may become due and moneys that are due
may not be assigned without such consent (except to the extent that the
effect of this restriction may be limited by law), and unless specifically
stated to the contrary in any written consent to an assignment no
assignment will release or discharge that assignor from any duty or
responsibility under the Contract Document.
8.3. OWNER and CONTRACTOR each binds itself, its partners, successors,
assigns and legal representatives to the other party hereto, its partners,
successors, assigns and legal representatives in respect to all covenants,
Agreement and obligations contained in the Contract Document.
OWNER: CITY OF FORT COLLINS CONTRACTOR: [CONTRACTOR]
By: By:
DARIN ATTEBERRY, CITY MANAGER
By:
GERRY S. PAUL PRINTED
DIRECTOR OF PURCHASING
AND RISK MANAGEMENT
Title: Title:
Date: Date:
Attest: (CORPORATE SEAL)
City Clerk
Address for giving notices:
P. O. Box 580
Fort Collins, CO 80522 Attest:
Approved as to Form Address for giving notices:
Assistant City Attorney
License No.:
SECTION 00530
NOTICE TO PROCEED
Description of Work: 8035 Arthur Ditch Bridge Replacement – Canyon Avenue
To: [Contractor]
This notice is to advise you:
That the contract covering the above described Work has been fully executed by the
CONTRACTOR and the OWNER.
That the required CONTRACTOR's Performance Bond and Payment Bond have been received
by the OWNER.
That the OWNER has approved the said Contract Documents.
Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and
directed to proceed within ( ) calendar days from receipt of this notice as
required by the Agreement.
Dated this day of , 20 .
The dates for Substantial Completion and Final Acceptance shall be , 20_ and
, 20__, respectively.
City of Fort Collins
OWNER
By:
Title:
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged this day of
, 20__.
CONTRACTOR: [Contractor]
By:
Title:
SECTION 00600
BONDS AND CERTIFICATES
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00660 Consent of Surety
00670 Application for Exemption Certificate
SECTION 00610
PERFORMANCE BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
(firm)
(address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300
Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as
the "OWNER", in the penal sum of Dollars ($ ) in lawful money of the United States,
for the payment of which sum well and truly to be made, we bind ourselves, successors and
assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the [Day] day of [Month], 20[Year], a copy of which
is hereto attached and made a part hereof for the performance of The City of Fort Collins
Project, 8035 Arthur Ditch Bridge Replacement – Canyon Avenue.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions and agreements of said Agreement during the
original term thereof, and any extensions thereof which may be granted by the OWNER, with or
without Notice to the Surety and during the life of the guaranty period, and if the Principal shall
satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and
save harmless the OWNER from all cost and damages which it may suffer by reason of failure
to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER
may incur in making good any default then this obligation shall be void; otherwise to remain in
full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Agreement or to the
Work to be performed thereunder or the Specifications accompanying the same shall in any way
affect its obligation on this bond; and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the Work or to the
Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in
the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of
which shall be deemed an original, this _____ day of _____ ____, 20__.
IN PRESENCE OF: Principal
(Title) (Title)
(Corporate Seal)
(Address)
IN PRESENCE OF: Other Partners
_____________________________ By:
_____________________________ By:
IN PRESENCE OF: Surety
_____________________________ By:_____________________________________
_____________________________
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
SECTION 00615
PAYMENT BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
(firm)
(address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins,
300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to
as "the OWNER", in the penal sum of Dollars ($ ) in lawful money of the United
States, for the payment of which sum well and truly to be made, we bind ourselves, successors
and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the [Day] day of [Month], 20[Year], a copy of which
is hereto attached and made a part hereof for the performance of The City of Fort Collins
Project, 8035 Arthur Ditch Bridge Replacement – Canyon Avenue.
NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors,
and corporations furnishing materials for or performing labor in the prosecution of the Work
provided for in such Agreement and any authorized extension or modification thereof, including
all amounts due for materials, lubricants, repairs on machinery, equipment and tools,
consumed, rented or used in connection with the construction of such Work, and all insurance
premiums on said Work, and for all labor, performed in such Work whether by subcontractor or
otherwise, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Agreement or to the
Work to be performed thereunder or the Specifications accompanying the same shall in any way
affect its obligation on this bond; and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the Work or to the
Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in
the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts,
each one of which shall be deemed an original, this day of , 20__.
IN PRESENCE OF: Principal
(Title) (Title)
(Corporate Seal)
(Address)
IN PRESENCE OF: Other Partners
_____________________________ By:
_____________________________ By:
IN PRESENCE OF: Surety
_____________________________ By:_____________________________________
_____________________________
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance in accordance
with the following requirements:
1. The Contractor will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Contractor shall furnish the City with certificates of insurance showing
the type, amount, class of operations covered, effective dates and date of expiration of
policies, and containing substantially the following statement:
“The insurance evidenced by this Certificate will not reduce coverage or limits and
will not be cancelled, except after thirty (30) days written notice has been received
by the City of Fort Collins.”
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Contractor, such insurance as
the City may deem proper and may deduct the cost of such insurance from any monies
which may be due or become due the Contractor under this Agreement. The City, its
officers, agents and employees shall be named as additional insureds on the Contractor
's general liability and automobile liability insurance policies for any claims arising out of
work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Contractor shall maintain
during the life of this Agreement for all of the Contractor's employees engaged in
work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Contractor shall maintain during the
life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise
directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $1,000,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Contractor shall be responsible for
any liability directly or indirectly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurance
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS (OWNER)
DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 8035 Arthur Ditch Bridge
Replacement – Canyon Avenue
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
INCLUDE:
OWNER: City of Fort Collins
CONTRACTOR: [Contractor]
CONTRACT DATE: [Date]
The Work performed under this contract has been inspected by authorized representatives of
the OWNER, CONTRACTOR, and the ENGINEER and the project or specified part of the
project, as indicated above) is hereby declared to be substantially completed on the above date.
A tentative list of items to be completed or corrected is appended hereto. This list may not be
exhaustive, and the failure to include an item on it does not alter the responsibility of the
CONTRACTOR to complete all the Work in accordance with the Contract Documents.
ENGINEER AUTHORIZED REPRESENTATIVE
DATE
The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to
complete and correct the items on the tentative list within the time indicated.
CONTRACTOR AUTHORIZED REPRESENTATIVE
DATE
The OWNER accepts the project or specified area of the project as substantially complete and
will assume full possession of the project or specified area of the project at 12:01 a.m., on
. The responsibility for heat, utilities, security, and insurance under
the Contract Documents shall be as set forth under "Remarks" below.
CITY OF FORT COLLINS, COLORADO By:
OWNER AUTHORIZED REPRESENTATIVE
DATE
REMARKS:
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
, 20__
TO: [Contractor]
Gentlemen:
You are hereby notified that on the day of , 20__, the City of
Fort Collins, Colorado, has accepted the Work completed by [Contractor] for the City of Fort
Collins project, 8035 Arthur Ditch Bridge Replacement – Canyon Avenue.
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: 8035 Arthur Ditch Bridge Replacement – Canyon Avenue
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: 8035 Arthur Ditch Bridge Replacement – Canyon Avenue
CONTRACT DATE: [Date]
In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR
as indicated above, for .
(Surety)
on bond of
hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to
the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the
OWNER, as set forth in the said Surety Company's Bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this
day of , 20____ .
(Surety Company)
By:
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact.
SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
Special Notice
Contractors who have completed this application in the past, please note the following changes
in procedure:
The Department will no longer issue individual Certificates of exemption to subcontractors. Only
prime contractors will receive a Contractor’s Exemption Certificate on exempt projects.
Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor
involved in the project and complete it by filling in the subcontractor’s name and address and
signing it.
The original Certificate should always be retained by the prime contractor. Copies of all
Certificates that the prime contractor issued to subcontractors should be kept at the prime
contractor’s place of business for a minimum of three years and be available for inspection in
the event of an audit.
Once an 89# has been assigned to you, please use the next five numbers following it for any
applications submitted for future projects. This should be your permanent number. For
instance, if you were assigned 89-12345-0001, every application submitted thereafter should
contain 89-12345 on the application. The succeeding numbers will be issued by the
Department of Revenue. DO NOT enter what you believe to be the next in sequence as this
may delay processing of your application.
SECTION 00700
GENERAL CONDITIONS
SECTION 00800
SUPPLEMENTARY CONDITIONS
SECTION 00800
SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement the General Conditions of the
Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins
modifications) and other provisions of the Contract Documents as indicated below.
SC-4.2 Subsurface and Physical Conditions:
A. Add the following language to paragraph 4.2.1 of the General Conditions.
4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions
at the site of the Work:
[Report Title, Report #, Author, Date]
Contractor may rely upon the accuracy of the technical data contained in the
geotechnical documents, but not upon nontechnical data, interpretations or
opinions contained therein or upon the completeness of any information in the
report.
B. 4.2.1.2.1 No drawing of physical conditions in or relating to existing surface or
subsurface structures (except Underground Facilities referred to in Paragraph
4.3) which are at or contiguous to the site have been utilized by the Engineer in
preparation of the Contract Documents, except the following:
[Report Title, Report #, Author, Date]
SC-5.4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
The limits of liability for the insurance required by the paragraph numbers of the
General Conditions listed below are as follows:
5.4.1 and 5.4.2
Coverage A - Statutory Limits
Coverage B - $100,000/$100,000/$500,000
5.4.3 and 5.4.5 Commercial General Liability policy will have limits of
$1,000,000 combined single limits (CSL). This policy will include coverage
for Explosion, Collapse, and Underground coverage unless waived by the
Owner.
5.4.6 The Comprehensive Automobile Liability Insurance policy will have
limits of $1,000,000 combined single limits (CSL).
5.4.9 This policy will include completed operations coverage/product
liability coverage with limits of $1,000,000 combined single limits (CSL).
SC-12.3 Add the following language to the end of paragraph 12.3.
Contractor will include in the project schedule Zero(0) days lost due to abnormal
weather conditions.
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Contract Change Order
00960 Application for Payment
SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE: 8035 Arthur Ditch Bridge Replacement – Canyon Avenue
CONTRACTOR: [Contractor]
PROJECT NUMBER: 8035
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost:
4. Change in Contract Time:
ORIGINAL CONTRACT COST $ .00
TOTAL APPROVED CHANGE ORDER .00
TOTAL PENDING CHANGE ORDER .00
TOTAL THIS CHANGE ORDER .00
TOTAL % OF THIS CHANGE ORDER %
TOTAL C.O.% OF ORIGNINAL CONTRACT %
ADJUSTED CONTRACT COST $ .00
(Assuming all change orders approved)
ACCEPTED BY: DATE:
Contractor's Representative
ACCEPTED BY: DATE:
Project Manager
REVIEWED BY: DATE:
Title:
APPROVED BY: DATE:
Title:
APPROVED BY: DATE:
Purchasing Agent over $30,000
cc: City Clerk Contractor Engineer
Project File Architect Purchasing
Section 00960
APPLICATION FOR PAYMENT PAGE 1
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
DATE AMOUNT
The present status of the account for this Contract is as
follows:
Original Contract Amount:
Net Change by Change Order:
Current contract Amount:
Total Completed and Stored to Date:
Less Previous Applications:
Amount Due this Application - Before Retainage:
Less Retainage:
ge by Change Order $0.00 AMOUNT DUE THIS APPLICATION:
ATION:
signed CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with
have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract.
Amount Due This Application is requested by the CONTRACTOR.
By:
of the above Amount Due This Application is recommended by the ENGINEER.
By:
of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager.
By:
of the above Amount Due This Application is approved by the OWNER.
By:
CONTRACT AMOUNTS
APPLICATION FOR
PAYMENT PAGE 2
Work
Completed
Work
Completed
Work
Completed Stored
This
Month
Previous
Periods
To
Date Materials Total
This Earned
r Description Quantity Units
Unit
Price Amount Qty. Amount Qty. Amount Qty. Amount Period
To
Date
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $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
Work
Completed
Work
Completed
Work
Completed Stored
This
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $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
On Hand Received Installed On Hand
m Invoice Previous This This This
ber 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
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$0.00
$0.00
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$0.00
$0.00
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$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTALS $0.00 $0.00 $0.00 $0.00
CITY OF FORT COLLINS
ENGINEERING DEPARTMENT
SPECIAL PROVISIONS
Arthur Ditch CBC Replacements
The 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.
PROJECT SPECIAL PROVISIONS
Page
Index Pages (11/04/2014) 1–3
Notice to Bidders (11/04/2014) 4
Commencement and Completion of Work (11/04/2014) 5
Revision of Section 101 – Definition of Terms (11/04/2014) 6
Revision of Section 102 – Project Plans and Other Data (11/04/2014) 7
Revision of Section 105 – Dispute Resolution (11/04/2014) 8
Revision of Section 107 – Performance of Safety Critical Work (11/04/2014) 9-11
Revision of Section 107 – Interruption of Irrigation Water Flow (11/04/2014) 12
Revision of Section 107 – Protection of Existing Vegetation (11/04/2014) 13
Revision of Section 108 – Prosecution and Progress (11/04/2014) 14-19
Revision of Section 201 – Clearing and Grubbing (11/04/2014) 20
Revision of Section 202 – Removal of Asphalt Mat (11/04/2014) 21
Revision of Section 202 – Removal Portions of structure (11/04/2014) 22
Revision of Section 206 – Excavation and Backfill for Structures, Culverts, and Pipes
(11/04/2014) 23
Revision of Section 208 – Erosion Control (11/04/2014) 24
Revision of Section 209 – Watering and Dust Palliatives (11/04/2014) 25
Revision of Section 211 – Dewatering (11/04/2014) 26-27
Revision of Section 212 – Seeding, Fertilizer, Soil Condition and Sodding (11/04/2014) 28
Revision of Section 214 – Planting (11/04/2014) 29
Revision of Section 518 – Water Stops and Expansion Joints (11/04/2014) 30
Revision of Section 601 – Structural Concrete (11/04/2014) 31
Revision of Section 603 – Culverts and Sewers (11/04/2014) 32
CITY OF FORT COLLINS
ENGINEERING DEPARTMENT
SPECIAL PROVISIONS
Arthur Ditch CBC Replacements
STANDARD SPECIAL PROVISIONS
Date No. of Pages
Revision of Section 103 – Colorado Resident Bid Preference (February 3, 2011) 1
Revision of Section 105 – Construction Surveying (July 31, 2014) 1
Revision of Section 105 – Disputes and Claims for Contract Adjustments (January 30, 2014) 31
Revision of Section 105 – Hot Mix Asphalt Pavement Smoothness (May 8, 2014) 7
Revision of Sections 105 and 106 – Conformity to the Contract of Hot Mix Asphalt
(Less than 5000 Tons) (February 11, 2011) 7
Revision of Section 106 – Certificates of Compliance & Certified Test Reports (February 3, 2011) 1
Revision of Section 106 – Material Sources (October 31, 2013) 1
Revision of Section 106 – Supplier List (January 30, 2014 1
Revision of Sections 106, 627, and 713 – Glass Beads for Pavement Marking (February 8, 2013) 2
Revision of Section 107 – Project Payrolls (May 2, 2013) 1
Revision of Section 107 – Responsibility for Damage Claims, Insurance Types (February 3, 2011) 1
and Coverage Limits
Revision of Section 107 – Warning Lights for Work Vehicles and Equipment (January 30, 2014) 1
Revision of Section 108 – Liquidated Damages (May 2, 2013) 1
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 108 – Payment Schedule (Single Construction Year) (October 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 Sections 203, 206, 304, and 613 – Compaction (July 19, 2012) 2
Revision of Sections 206 and 601 – Backfilling Structures that Support Lateral (July 29, 2011) 1
Earth Pressures
Revision of Section 208 – Aggregate Bag (January 31, 2013) 1
Revision of Section 208 – Erosion Log (January 31, 2013) 1
Revision of Section 250 – Environmental, Health, and Safety Management (July 19, 2012) 1
Revision of Section 401 – Compaction of Hot Mix Asphalt (April 26, 2012) 1
Revision of Section 401 – Compaction Pavement Test Section (CTS) (July 19, 2012) 1
Revision of Section 401 – Temperature Segregation (February 3, 2011) 1
Revision of Sections 401 and 412 – Safety Edge (May 2, 2013) 2
Revision of Sections 412, 601, and 711 – Liquid Membrane-Forming (May 5, 2011) 1
Compounds for Curing Concrete
Revision of Section 601 – Concrete Batching (February 3, 2011) 1
Revision of Section 601 – Concrete Finishing (February 3, 2011) 1
Revision of Section 601 – Concrete Form and Falsework Removal (July 28, 2011) 2
Revision of Section 601 – Concrete Slump Acceptance (July 29, 2011) 1
Revision of Sections 627 and 708 – Pavement Marking Paint (January 31, 2013) 2
Revision of Section 630 – Construction Zone Traffic Control (February 17, 2012) 1
Revision of Section 630 – Retroreflective Sign Sheeting (May 8, 2014) 1
Revision of Section 630 – Signs and Barricades (January 31, 2013) 1
Revision of Section 703 – Aggregate for Bases (without Rap) (October 31, 2013) 1
Revision of Section 703 – Aggregate for Hot Mix Asphalt (November 1, 2012) 3
Revision of Section 703 – Concrete Aggregate (July 28, 2011) 1
Revision of Section 712 – Water for Mixing or Curing Concrete (February 3, 2011) 1
Revision of Section 713 – Epoxy Pavement Marking (October 31, 2013) 2
Affirmative Action Requirements – Equal Employment Opportunity (February 3, 2011) 10
Partnering Program
NOTICE TO BIDDERS
Pursuant to subsections 102.04 and 102.05, it is recommended that bidders on this project review the work site
and plan details with an authorized City representative. Prospective bidders shall contact one of the following
listed authorized City Representatives at least 12 hours in advance of the time they wish to review the project.
Project Manager: Tracy Dyer
Engineering Department
City of Fort Collins
281 North College Avenue
Fort Collins, CO 80522-0580
Office Phone: (970) 416-2011
Fax: 970-221-6378
tdyer@fcgov.com
Senior Buyer: John Stephen
Purchasing Department
City of Fort Collins
Fort Collins, CO 80522
Office Phone: 970-221-6777
Fax: 970-221-6707
jstephen@fcgov.com
The above referenced individual are the only representative of the City with authority to provide any information,
clarification, or interpretation regarding the plans, specifications, and any other contract documents or
requirements.
Question received from bidders along with City responses will be posted as an addendum on line 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 am one week prior to the bid
opening. Questions and answers shall be used for reference only and shall not be considered part of the Contract.
Where references is made in the plans and specifications to Owner, Department, Chief Engineer, Resident
Engineer, Project Engineer, Engineer, and Inspection and Testing Agency it is understood to mean the City of
Fort Collins, Colorado, representative.
COMMENCEMENT AND COMPLETION OF WORK
The Contractor shall commence work under the Contract by the City in the “Notice to Proceed”. The Contractor
shall complete all work within 120 calendar days in accordance with the “Notice to Proceed”. Estimated
Substantial Completion is April 3rd, 2015.
The Contractor will be allowed 5 day street closure to perform final grading and paving. At the end of this time
frame, Canyon Avenue must be reopened. To provide the most flexibility to construct the project, the Contractor
is responsible to determine construction phasing and when to request the street closure. The City requests a
minimum of two weeks’ notice prior to the requested closure date.
Salient features to be shown on the Contractor’s Progress Schedule are:
1) Erosion Control
2) Construction Traffic Control
3) Removals
4) Structure Excavation and Backfill
5) Storm Drain
6) Box Culvert
7) Waterproofing Barrier
8) Asphalt Paving
9) Curb
10) Clean Up and Punch List
Section 108 of the supplemental specifications is hereby revised for this project as follows:
Section 108.03 shall include the following:
The Contractor’s Progress Schedule shall be a CPM Schedule. Full street closure must be shown on the schedule.
All work which affects ditch must be completed by April 15, 2014.
REVISION OF SECTION 101
DEFINITION OF TERMS
Technical Specifications related to construction materials and methods for the Work embraced under this Contract
shall consist of the “Colorado Department of Transportation, Standard Specifications for Road and Bridge
Construction” dated 2011, along with the Larimer County Urban Area Street Standards and the City of Fort
Collins Utility Standards. If there is a conflict apparent between the two, the more stringent specification shall be
used.
Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different
meanings within the scope of the Contract. A summary of redefinitions follows:
a. 101.28 Department. City of Fort Collins Engineering Department, Colorado
b. 101.29 Engineer. The Construction Engineer for the City of Fort Collins, Colorado, or designated
representative.
c. 101.39 Laboratory. City of Fort Collins, Colorado, or their designated representative.
d. 101.51 Project Engineer. The Project Manager, City of Fort Collins, Colorado or designated representative.
e. 101.76 State. City of Fort Collins, Colorado (where applicable)
REVISION OF SECTION 102
PROJECT PLANS AND OTHER DATA
Section 102 of the Standard Specifications is hereby revised for this project as follows:
Subsection 102.05 shall include the following:
Contract documents and supporting information will be available for review until the date set for opening of bids
at the following locations:
1. Online at the City of Fort Collins Buy Speed Webpage, www.fcgov.com/eprocurement
2. City of Fort Collins Purchasing Department, 215 N Mason Street, 2nd Floor, Fort Collins, Colorado,
80524
The following information is available:
• Geotechnical Report
• City’s Survey
• Electronic copy of the Bid Tab
After the proposal have been opened, the low responsible bidder may obtain from the City, at no cost: 2 sets of 11
x 17 plans and special provisions; and if available for the project, one set of full-size cross sections, one set of
full-size major structure plan sheets, and one set of compute output data. If the low bidder has not picked up the
plans and other available data by 4:30 pm on the second Friday after bid opening, they will be sent to the Project
Engineer in charge of the project. Additional sets of plans and other available data may be purchased on a cash
sale basis from the City at current reproduction prices. Subcontractors and suppliers may obtain plans and other
data from the successful bidder or they may purchase copies on cash sale basis from the City at current
reproduction prices.
REVISION OF SECTION 105
DISPUTE RESOLUTION
Section 105 of the Standard Specifications is hereby revised for this project as follows:
Subsection 105.22 shall be revised as follows:
The Colorado Department of Transportation will not participate in the resolution process for any claims
filed by the Contractor.
REVISION OF SECTION 107
PERFORMANCE OF SAFETY CRITICAL WORK
Section 107 of the Standard Specifications is hereby revised as follows:
Add subsection 107.061 immediately following subsection 107.06 as follows:
107.061 Performance of Safety Critical Work. The following work elements are considered safety critical work
for this project:
(1) Removal of the Arthur Ditch concrete box culverts.
(2) Temporary works: falsework, shoring that exceeds 5 feet in height, cofferdams, and temporary bridges
(3) Work requiring the use of cranes or other heavy lifting equipment to set structures. Also when
construction materials are being lifted that may fall onto active traffic lanes.
(4) Excavation and embankment adjacent to the roadway, especially if it requires shoring
(5) Work operations such as jack hammering which may create vibration.
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
removal of portion of bridge plan, it shall be included as a part of this plan. The detailed construction plan shall be
submitted two weeks prior to the safety critical element conference described below. The construction plan shall
be stamped “Approved for Construction” and signed by the Contractor. The construction plan will not be
approved by the Engineer.
The Construction Plan shall include the following:
(1) Safety Critical Element for which the plan is being prepared and submitted.
(2) Contractor or subcontractor responsible for the plan preparation and the work.
(3) Schedule, procedures, equipment, and sequence of operations, that comply with the working hour
limitations
(4) Temporary works required: falsework, bracing, shoring, etc.
(5) Additional actions that will be taken to ensure that the work will be performed safely.
(6) Names and qualifications of workers who will be in responsible charge of the work:
A. Years of experience performing similar work
B. Training taken in performing similar work
C. Certifications earned in performing similar work
(7) Names and qualifications of workers operating cranes or other lifting equipment
A. Years of experience performing similar work
B. Training taken in performing similar work
C. Certifications earned in performing similar work
2
REVISION OF SECTION 107
PERFORMANCE OF SAFETY CRITICAL WORK
(8) The construction plan shall address how the Contractor will handle contingencies such as:
A. Unplanned events (storms, traffic accidents, etc.)
B. Structural elements that don’t fit or line up
C. Work that cannot be completed in time for the roadway to be reopened to traffic
D. Replacement of workers who don’t perform the work safely
E. Equipment failure
F. Other potential difficulties inherent in the type of work being performed
(9) Name and qualifications of Contractor’s person designated to determine and notify the Engineer in
writing when it is safe to open a route to traffic after it has been closed for safety critical work.
(10) Erection plan or bridge removal plan when submitted as required elsewhere by the specifications. Plan
requirements that overlap with above requirements may be submitted only once.
A safety critical element conference shall be held two weeks prior to beginning construction on each safety
critical element. The Engineer, the Contractor, the safety critical element subcontractors, and the Contractor’s
Engineer shall attend the conference. Required pre-erection conferences or bridge removal conferences may be
included as a part of this conference.
After the safety critical element conference, and prior to beginning work on the safety critical element, the
Contractor shall submit a final construction plan to the Engineer for record purposes only. The Contractor’s
Engineer shall sign and seal temporary works, such as falsework, shoring etc., related to construction plans for the
safety critical elements, (1) Removal of Structure, and (2) Temporary Works. The final construction plan shall be
stamped “Approved for Construction” and signed by the Contractor.
The Contractor shall perform safety critical work only when the Engineer is on the project site. The Contractor’s
Engineer shall be on site to inspect and provide written approval of safety critical work for which he provided
signed and sealed construction details. Unless otherwise directed or approved, the Contractor’s Engineer need not
be on site during the actual performance of safety critical work, but shall be present to conduct inspection for
written approval of the safety critical work.
When ordered by the Engineer, the Contractor shall immediately stop safety critical work that is being performed
in an unsafe manner or will result in an unsafe situation for the traveling public. Prior to stopping work, the
Contractor shall make the situation safe for work stoppage. The Contractor shall submit an acceptable plan to
correct the unsafe process before the Engineer will authorize resumption of the work.
When ordered by the Engineer, the Contractor shall remove workers from the project that are performing the
safety critical work in a manner that creates an unsafe situation for the public in accordance with subsection
108.05.
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.
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REVISION OF SECTION 107
PERFORMANCE OF SAFETY CRITICAL 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.
REVISION OF SECTION 107
INTERRUPTION OF IRRIGATION WATER FLOW
Section 107 Standard Specifications is hereby revised for this project as follows:
Subsection 107.14 shall include the following:
The Contractor’s attention is called to the fact that the Arthur Ditch is within the project limits on which
work is required. It is the Contractor’s responsibility to provide continuous flow or make arrangements
for flow interruptions as necessary if construction scheduling requires work on these facilities during
times of high groundwater flow.
Irrigation facilities adjacent to the project normally flow from April to October each year. Therefore,
construction activities that affect these facilities should be coordinated accordingly.
Work necessary to comply with these requirements, including temporary ditches or culverts, and/or
detour culverts, if necessary, will not be paid for separately, but shall be included in the prices bid for the
various bid items that occur on the project.
REVISION OF SECTION 107
PROTECTION OF EXISTING VEGETATION
Section 107 of the Standard Specifications is hereby revised for this project as follows:
Subsection 107.12 shall include the following:
A. The Contractor shall save all existing vegetation in this area, except for those trees and shrubs which must
be removed to accommodate construction of the project.
B. The Contractor shall perform all the work in such a manner that the least environmental damage will
result. All questionable areas or items shall be brought to the attention of the Engineer for approval prior to
removal or any damaging activity. Trees and/or shrubs that are damaged during construction but could
have been saved shall be replaced at the expense of the Contractor.
C. The following measures shall be taken to protect existing trees adjacent to the project:
1. Plastic fencing material shall encircle any trees whose outer drip line edge is within 20 feet of any
construction activities. The fencing material shall be bright, contrasting color, durable, and a
minimum of 4 feet in height. Posts used shall be comparable to metal T-post or heavier weight,
and placed to a depth of no less than 2 feet below ground level. Fencing material shall be placed at
the drip line or 15 feet from tree trunk, whichever is greater, and maintained in an upright position
throughout the duration of construction activities.
2. No material shall be placed or piled within the drip line of existing trees. No heavy objects such as
wood pallets, metal railings, etc., shall lean against or come into contact with tree trunks.
3. When root cutting is unavoidable, a clean sharp cut shall be made to avoid shredding or smashing.
Exposed roots shall be covered immediately to prevent desiccation. Where roots will be cut in a
straight line, such as behind a curb or along a sidewalk, a saw such as a concrete saw with a sharp
blade that penetrates 1 foot shall be used on top of the ground prior to excavating so that the roots
are not torn or smashed during excavation.
4. Sidewalk and pavement should be contoured sufficiently to avoid cutting surface tree roots.
Whenever possible, tree roots should be bridged or floated over with walks.
5. With the approval of the City of Fort Collins representative, if foot traffic or equipment is
unavoidable within the drip line, the area within the drip line shall be mulched with wood chips to
a depth of six inches prior to construction activity. Six inch mulch depth shall be maintained for
the duration of the project, and shall be removed upon completion of the project.
D. Measurement and Payment: All work necessary as defined in the specifications to protect the existing
trees, other than plastic fence, shall not be paid for separately, but shall be included in the cost of the work.
REVISION OF SECTION 108
PROSECUTION AND PROGRESS
Section 108 of the Standard Specifications is hereby revised as follows:
Subsection 108.03 shall include the following:
Project Meetings
A. Pre-Construction Conference: A Pre-Construction Conference will be held after Notice of Award and before
the Notice to Proceed, the date, time and location will be determined after Notice of Award.
The conference shall be attended by:
1. Contractor and Contractor’s Superintendent
a. Contractor shall designate/introduce Superintendent
b. At this time the Superintendent will be expected to show that he has sufficient knowledge of
the specifications and plans to orchestrate and coordinate the construction activities for this
job.
2. Contractor’s Subcontractors (including the Traffic Control Supervisor and Surveyor)
a. Contractor shall designate/introduce major Subcontractor’s supervisors assigned to the
project
3. Engineer
4. Owner
5. Utility Companies
a. Utilities will be asked to designate their coordination person, provide utility plans, and their
anticipated schedule
6. Others as requested by the Contractor, Owner, or Engineer.
Unless previously submitted to the Owner, the Contractor shall bring to the conference a tentative schedule of
the construction project, include in the schedule shop drawings and other submittals. Any submittals
requiring long lead times and therefore must be expedited shall be submitted at the pre-construction
conference, or as soon thereafter as possible.
The purpose of the conference is to designate responsible personnel and establish a working relationship.
Matters requiring coordination will be discussed and procedures for handling such matters established. The
agenda will include:
2
REVISION OF SECTION 108
PROSECUTION AND PROGRESS
1. Contractor’s tentative Schedule
a. The Contractor shall submit a detailed project schedule showing milestones and the critical
path for the Arthur Ditch Replacement. This schedule shall be agreed to by both the Owner
and Contractor. It shall be made in writing and signed by both parties.
2. Permit applications and submittals, including Dewatering Permit, Erosion and Sediment Control
Plan, and Traffic Control Plan
3. Transmittal, review and distribution of Contractor’s submittals
4. Processing applications for payment
5. Maintaining record documents
6. Field decision and change orders
7. Use of premises, office and storage areas, staging area, security, housekeeping, and Owner’s needs
8. Proposed daily construction hours for the Engineer’s approval
9. Designation of access roads and parking
10. Contractor’s assignment of safety and first aid
B. Construction Progress Meetings for the Arthur Ditch Replacements: Progress meetings will be conducted
weekly or at some other frequency, if approved by the Engineer. These meetings shall be attended by the
Owner, the Engineer, the Contractor’s representative and any others invited by these people.
The Engineer will conduct the meeting and the Engineer will arrange for keeping the minutes and distributing
the minutes to all persons in attendance.
The agenda of these project meetings will include construction progress, the status of submittal reviews, and
the status of information requests, critical work sequencing, review of strategies for connections into existing
facilities, status of field orders and change orders, and any general business.
The Contractor will prepare a “two week look ahead” schedule to facilitate coordination of work items.
The schedule shall be monitored closely during construction and may be updated by written agreement of the
parties as changes occur in the project progress. If the milestones are not met, the Owner may utilize the
remedies provided in the General Conditions as well as any other remedy provided by the Contract
Documents or provided by law or equity. The Owner may also assess liquidated damages as outlined in
Article 3, Section 3.2 of the Agreement.
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REVISION OF SECTION 108
PROSECUTION AND PROGRESS
The Engineer or Engineer’s Field Representative and Contractor shall agree to weekly quantities at the
progress meetings. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when
signed, shall be final and shall be the basis for the monthly progress estimates. This process ensures accurate
monthly project pay estimates.
C. The Engineer may hold coordination conferences, to be attended by all parties involved, when the
Contractor’s operations affect, or are affected by, the work of others.
1. Contractor shall participate in such conferences accompanied by Subcontractors as required by the
Engineer.
Construction Schedules
A. The Contractor shall prepare a detailed schedule of all construction operations and procurement after review
of tentative schedule by parties attending the pre-construction conference. This schedule will show how the
Contractor intends to meet the milestones set forth.
1. No work is to begin at the site until Owner’s acceptance of the Construction
Progress Schedule and Report of delivery of equipment and materials.
2. All work which impacts the ditch’s ability to convey water must be complete by
April 15, 2014.
B. Format and Submissions
1. Prepare construction and procure schedules in a graphic format suitable for
displaying scheduled and actual progress.
2. Submit two copies of each schedule to Owner for review.
a) Owner will return one copy to contractor with revisions suggested or
necessary for coordination of the Work with the needs of Owner or
others.
b) The Contractor will be required to submit a weekly progress schedule
showing work to be completed, labor, equipment, work hours and
methods of construction for the upcoming week. This schedule will be
required every Thursday in a daily calendar format.
3. The schedule must show how the street, underground utilities, box culvert,
and paving work will be coordinated.
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REVISION OF SECTION 108
PROSECUTION AND PROGRESS
C. Content
1. Construction Progress Schedule
a) Show the complete work sequence of construction by activity and
location.
b) Show changes to traffic control
c) Show project milestones
2. Equipment, Materials and Submittals Schedule
a) Show delivery status of critical and major items of equipment and
materials
b) Include a critical path schedule for Shop Drawings, tests, and other
submittal requirements for equipment and materials.
D. Owner’s Responsibility
1. Owner’s review is only for the purpose of checking conformity with the
Contract Documents and assisting the Contractor in coordinating the Work
with the needs of the Project.
2. It is not to be construed as relieving contractor from any responsibility to
determine the means, methods, techniques, sequences and procedures of
construction.
Modifications to Time of Completion in the Approved Schedule
The date of beginning and the time for completion of the work are essential conditions of the Contract Documents
and the work embraced shall be commenced on a date specified in the Notice to Proceed.
The Contractor will proceed with the work at such rate of progress to ensure full completion within the contract
time. It is expressly understood and agreed, by and between the Contractor and the Owner that the contract time
for the completion of the work described herein is a reasonable time, taking into consideration the climatic and
other factors prevailing in the locality of the work.
Every effort shall be made by the Contractor to complete the project within the "Contract Time" shown in the
proposal. The "Contract Time" anticipates "Normal" weather and climate conditions in and around the vicinity of
the Project site during the times of year that the construction will be carried out. Extensions of time based upon
weather conditions shall be granted only if the Contractor demonstrates clearly that such conditions were
"unusually severe," would not have been reasonably anticipated, and that such conditions adversely affected the
Contractor’s work and thus required additional time to complete the work.
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.
5
REVISION OF SECTION 108
PROSECUTION AND PROGRESS
Monthly Anticipated Calendar Days Lost to Adverse Weather Conditions
JAN FEB MAR APR MA
Y
JUN JUL AUG SEP OCT NOV DEC
(7) (4) (4) (4) (6) (3) (4) (2) (3) (3) (2) (5)
The above schedule of anticipated adverse weather will constitute the base line for monthly (or portion thereof)
weather time evaluations. Upon acknowledgment of the Notice to Proceed and continuing throughout the contract on a
monthly basis, actual adverse weather days and the impact of adverse weather days that delay the work will be recorded on a
day-to-day basis. It is assumed that the work will be carried out Mondays through Fridays (holidays accepted) unless an
approved construction schedule or written authorization from the Owner indicates otherwise. The number of days of delayed
work due to adverse weather or the impact thereof will then be compared to the monthly adverse weather schedule above.
An actual adverse weather day must prevent work for 50 percent or more of the Contractor’s workday, delay work
critical to the timely completion of the project, and be documented by the Contractor. The City Representative observing the
construction shall determine on a daily basis whether or not work can proceed or if work is delayed due to adverse weather or
the effects thereof. The Contractor shall notify the Engineer in writing of any disagreement as to whether or not work can
proceed on a given date, within 2 calendar days of that date. The Owner will use the above written notification in
determining the number of working days for which work was delayed during each month.
At the end of each month, if the number of working days for which work was delayed due to adverse weather
exceeds that shown in the above schedule, a Change Order will be executed which increases the Contract Time.
The number of work days delayed due to adverse weather or the impact thereof will then be converted to Calendar
Days based on the contract completion day and date. This conversion assumes a 5-day work week, Mondays
through Fridays, holidays excepted; should the Contractor have authorization to work weekends and/or holidays,
and then the method of conversion of workdays to calendar days would take this into consideration. The contract
time period will then be increased by the number of calendar days calculated above and a new contract
completion day and date will be set.
The Contractor’s schedule must reflect the above-anticipated adverse weather delays on all weather-dependent
activities.
While extensions of time shall be granted for "unusually severe" weather or climate conditions, the Owner shall
make no monetary compensation for any costs to the Contractor arising out of such delays. The Contractor shall
comply with the portions of the Contract Documents relating to his project schedule and amendments thereto
which result from the "unusually severe" weather condition.
Breakdowns in equipment or lack of performance by the Contractor will not be considered justification for an
extension of time. Liquidated damages will be assessed as delineated elsewhere.
The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the
work is due to the following, and the Contractor has promptly given written notice of such delay to the Owner or Engineer.
6
REVISION OF SECTION 108
PROSECUTION AND PROGRESS
1. To any preference, priority, or allocation order duly issued by the Owner.
2. To unforeseeable causes beyond the control and without the fault or negligence of the Contractor,
including but not restricted to, acts of God, or of the public enemy, acts of the Owner, acts of another
Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather as provided above.
3. To any delays of Subcontractors occasioned by any of the causes specified in paragraphs 1 and 2, above.
Subsection 108.05 shall include the following:
The contractor shall schedule all work between 7:00 A.M. and 6:00 P.M Monday through Friday.
Disruption of traffic with flagged roadway closures on Mulberry Street shall not take place before 8:30 A.M.
or between 3:30 P.M. and 6:00 P.M. Night and weekend work will be allowed only with the prior written
authorization of the Engineer, and after the contractor submits and receives approval for a noise variance from
the City’s Environmental Enforcement Division. Written requests to be submitted a minimum of (5) working
days prior to the request date.
The Contractor may make emergency repairs to provide protection of the work and traveling public at any
time. All on-roadway work or work that indirectly or directly interferes with the flow of traffic shall be in
accordance with an approved Traffic Control Plan.
Unless waived by the Engineer, failure to meet these milestones will require assessment of liquidated
damages for each milestone listed above and in accordance with Subsection 108.08.
Meetings will be required to review progress and to plan upcoming activities. Representatives from the
Contractor and all active subcontractors shall attend the meetings. Such meetings will be required on a
weekly basis at a time to be determined by the City of Fort Collins and the Contractor. Additional meetings
will be held when required by the City of Fort Collins or the Contractor.
The Contractor shall submit at the weekly progress meeting a written statement of planned work activities and
anticipated inspection, testing, and surveying requirements of the upcoming week. A 24 hour notice shall be
provided to the City of Fort Collins by the Contractor if the Contractor elects to change the planned work
activities.
REVISION OF SECTION 201
CLEARING AND GRUBBING
Section 201 of the Standard Specifications is hereby revised for this project as follows:
In Subsection 201.02 delete the second paragraph and replace with the following:
Clearing and grubbing shall be within the limits of the project, as identified in the plans. All other areas of
clearing and grubbing shall be as directed by the Engineer. Removal of trees less than 6” in diameter
will not be measured separately, but will be included in the cost of clearing and grubbing.
The Contractor shall coordinate with the land owner of 419 Canyon Avenue prior to beginning work
north of Canyon Avenue.
Upon completion of the structure, the Contractor shall coordinate with the City of Fort Collins regarding
landscape improvements which will be completed by others.
In Subsection 201.02 delete the sixth paragraph and replace with the following:
No material or debris shall be disposed of within the project limits; and, shall be legally disposed of off-
site or preferably to a recycling center. The Contractor shall make all arrangements to obtain written
permission from property owners for disposal locations outside the limits of the project. Copies of this
written agreement shall be furnished to the Engineer before the disposal area is used.
REVISION OF SECTION 202
REMOVAL OF ASPHALT MAT
Section 202 of the Standard Specifications is hereby revised for this project as follows:
Subsection 202.01 shall include the following:
This work includes removal and disposal of existing asphalt mat within the project limits as shown on the
plans or at locations directed by the Engineer.
In subsection 202.02 delete the seventh paragraph and replace with the following:
The existing asphalt mat shall be removed in a manner that minimizes contamination of the removed mat
with underlying material. The removed mat shall become the property of the Contractor and be disposed of
offsite.
Subsection 202.12 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Removal of Asphalt Mat (6”- 9”) Square Yard
REVISION OF SECTION 202
REMOVAL OF PORTIONS OF STRUCTURES
Section 202 of the Standard Specifications is hereby revised for this project as follows:
Add the following to subsection 202.08:
This work consists of removal of the reinforced concrete box (RCB) as shown on the plans. RCB
removal shall consist of the complete removal of all structure elements unless otherwise shown on the
plans.
The removal of the existing RCB shall be performed in a safe manner.
The Contractor shall submit a bridge removal plan to the Engineer, for record purposes only, at least 10
working days prior to the proposed start of removal operations. This Plan shall detail procedures,
sequences, and all features required to perform the removal in a safe and controlled manner.
The RCB Removal Plan shall provide complete details of the removal process, including:
(1) The removal sequence, including staging of removal operations. Sequence of operation shall
include a detailed schedule that complies with the working hour limitations.
(2) Equipment descriptions including size, number, type, capacity, and location of equipment during
removal operations.
(3) Detailed methods for protection of the existing roadway facilities, including measures to assure
that people, property, utilities, and improvements will not be endangered.
(4) Detailed methods for mitigation of fugitive dust resulting from the demolition.
(5) Details for removing, loading, and hauling demolished RCB.
(6) Methods of Handling Traffic, including bicycles and pedestrians, in a safe and controlled
manner.
(7) Method for handling storm water within the existing RCB.
The Contractor shall take all steps to avoid contaminating state waters, in accordance with subsection
107.25.
Subsection 202.12 shall include the following:
Structural excavation shall be paid to remove earthen material outside of the existing RCB and inside the
limits shown on the plans, as required for installation of the proposed RCB. Asphalt removal will be
paid for the removal of the existing asphalt pavement above the existing RCB
Subsection 202.12 shall include the following:
Payment will be made under:
Pay Item Unit
Removal of Portions of Structure (RCB) LF
REVISION OF SECTION 206
EXCAVATION AND BACKFILL FOR
STRUCTURES, CULVERTS AND PIPES
Section 206 of the Standard Specifications is hereby revised for this project as follows:
Subsection 206.06 shall include the following:
For Storm, Sanitary and Water Pipes:
Limits and materials for Structure Excavation and Structure Backfill for all storm, sanitary and water pipes
shall be in accordance with the City of Fort Collins Utility Trench and Pipe Bedding details as shown in the
LCUASS detail 2201 – Trench Detail. Excavation, Backfill (Flowable-Fill), Bedding (including granular
bedding material up to spring line or 12 inches above the top of the pipe – dependent on utility application
and soil conditions) for all pipes will not be measured and paid for separately, but shall be included in the
work.
REVISION OF SECTION 208
EROSION CONTROL
Section 208 of the Standard Specifications is hereby revised for this project as follows:
Subsection 208.03 is hereby revised to include the following:
The Contractor shall provide an Erosion Control Plan that conforms to the City of Fort Collins’ MS4
requirements.
The sixth paragraph of Subsection 208.11 (beginning “Erosion Control Supervisor...”) is hereby replaced with the
following:
Erosion Control Supervisor work will be measured and paid for in accordance with subsection 208.12. The
Contractor shall record the tasks that were assigned to the Erosion Control Supervisor. The records shall be
submitted to the Engineer, weekly, after completion of the work for approval and acceptance.
Subsection 208.12 is hereby revised to include the following:
Removal and disposal of sediment will not be measured and paid for separately, but shall be included in the
work.
Payment for work under this section will be as identified in 208.12, as amended above and by other contract
special provisions. Erosion control items for this project are tabulated in the plans on drawing EC-603.
Other pay items (not originally anticipated or tabulated in the project) will be paid for in accordance with
208.12, at a negotiated unit cost.
Payment for installed items shall include maintenance of the device for the entire time it is in place during
construction at a given location. No separate measurement or payment will be made for replacement of the
device as required to maintain its function.
REVISION OF SECTION 209
WATERING AND DUST PALLIATIVES
Section 209 of the Standard Specifications is hereby revised for this project as follows:
Subsection 209.08 is hereby revised as follows:
Water required for all items of work including dust palliatives and for moisture and density control will not
be measured and paid for separately, but shall be included in the work.
REVISION OF SECTION 211
DEWATERING
Section 211 is hereby added to the Standard Specifications for this project as follows:
211.01 Dewatering. The contractor shall be responsible for all dewatering on the project. It is
anticipated that substantial dewatering will be required on this project. The dewatering processes shall
follow these specifications:
Prior to the preconstruction conference the Contractor shall submit their
dewatering plan to the Engineer and Owner to communicate the Contractors
intent to dewatering to achieve the required performance addressed in these
specifications. Submittal of a dewatering plan shall not be interpreted as an
acceptance or approval by the Owner or Engineer of the Contractor’s dewatering
plan. The dewatering plan shall include at a minimum:
1. Major components of the dewatering system including size, location, spacing and details of
major dewatering features the Contractor anticipates utilizing.
2. Contingency plans for equipment or power failure.
3. Procedures for verification that water levels have been lowered to the specified levels prior to
trench or structure excavation and installation.
4. Location of dewatering disposal or discharge locations and the capacity to accept dewatering
discharge. Provide a contingency plan for higher than anticipated flows when capacity of
planned discharge and disposal locations may conceivably be exceeded.
5. Location and details of Best Management Practices (BMP’s).
6. Agreements with entities accepting discharge(s).
7. All permits obtained by the Contractor including any permit conditions and approvals for the
discharge of water generated during the execution of the Work.
8. Other permits required for construction or operation of the dewatering system including the
drilling of wells, temporary power drops, etc.
211.02 Structure dewatering construction requirements:
1. The construction dewatering permit and water quality shall conform to subsection 107.25(b)7&8
of the CDOT specifications.
2. Dewatering discharge to, or across, adjacent canals, drains, rights-of-way, and private property
outside of the designated limits of construction shall not be allowed unless the Contractor has
obtained written approval from agency or property owner having jurisdiction. Provide
Agreements with dewatering plan submittal as described above.
3. Furnish, install and prepare for operation, all necessary machinery, appliances and equipment to
maintain all structure excavations free from water during construction.
4. Contractor shall provide temporary power sources for all dewatering equipment that requires a
power source.
5. Dewater and dispose of water in such a manner that it does not cause injury to public or private
property, or to cause a nuisance or a menace to the general public.
6. The Contractor will be responsible for devising a system to achieve the required level of
dewatering. It is anticipated that this system may incorporate wells, well points, interception
trenches, sumps, etc. In addition, design and provide dewatering conveyance system to an
approved disposal location. The Contractor shall submit details of this plan as described above.
7. Draw and maintain static water level to at least three feet (3FT) below the bottom of the
excavation prior to excavating below the water table to maintain the undisturbed state of the
foundation soils and allow placement of bedding material and backfill to the required density.
8. Remove all groundwater, seepage, stormwater and other water that accumulates in the
excavation during construction. All structure excavations shall be kept free of water during
construction or until otherwise requested by the Contractor and approved by the Engineer.
9. Prevent softening of the bottom of excavations and the formation of "quick" conditions or "boils"
during excavation. The occurrence of such conditions will require over-excavation and
subsequent backfilling of soils meeting the requirements of CDOT Specifications at no
additional cost to the Owner.
10. Additional cost for trench bottom stabilization resulting from inadequate dewatering and non-
compliance with the performance specifications included herein, as determined by the Engineer,
will be incidental to the work.
11. Compact native soil at the bottom of the excavation prior to placing bedding in accordance with
CDOT specifications and of these specifications.
12. Maintain static water level at least three feet (3FT) below the bottom of the excavation until the
specified foundation and structure is placed in accordance with these specifications. Maintain
water levels at least three feet (3FT) below the level of backfill during backfilling operations.
13. Control surface runoff to prevent entry or collection of water in excavations.
14. Install and operate a dewatering system so that adjacent structures or property are not endangered
by the reduction in the groundwater level.
15. Monitor discharge from dewatering operations for changes in visual or odor components
indicating the presence of contaminants including, but not limited to, gasoline and pesticides and
other hazardous materials and toxins.
16. Cease dewatering operations and notify Engineer and regulatory agencies immediately upon
observation of conditions that may indicate the presence of hazardous contaminants in the
dewatering discharge or excavation.
211.03 Observation Requirements:
1. Contractor’s superintendent shall routinely observe conditions in excavations where dewatering
is being performed on a daily basis to verify performance requirements are being met and that
conditions in the excavation are in accordance with Contract Documents.
2. Notify Engineer of any observations that may jeopardize the Work or is not in accordance with
Contract Documents.
3. Prior to advancing the structure excavation below the pre-construction groundwater level, the
Contractor shall excavate a test pit or install another form of groundwater measurement. Water
levels in the test pit shall be measured and recorded and the information provided to the
Engineer. Measured water levels must show that the groundwater has been lowered to the
minimum level stated herein. If monitoring shows that the specified level of dewatering has not
been achieved, cease construction of the affected work and continue dewatering or modify
dewatering activities until the specified level of dewatering is achieved at no additional cost to
the Owner.
211.04 Dewatering Discharge:
1. Comply with all State & Federal requirements
2. Water quality shall conform to subsection 107.25(b)8 of the CDOT Specification
3. Work required to comply with water quality and permit requirements are considered incidental
and additional payment will not be made for this Work.
211.05 Termination:
1. Allow groundwater to return to static level after excavations are backfilled as necessary to
prevent floatation of constructed improvements.
2. Prevent disturbance of the compacted backfill and prevent flotation or movement of installed
structure.
3. Remove or abandon all temporary improvements associated with the dewatering system in
accordance with these specifications and any applicable state and federal rules and regulations.
4. Provide surface restoration as required to repair/replace any surface impacted by dewatering
activities to a condition as good or better than preconstruction conditions at no additional cost to
the Owner. Surface rehabilitation performed as a result of dewatering activities is considered
incidental and no additional payment will be made.
5. Comply with any dewatering termination requirements of any State and Federal permits.
211.06 Measurement and Payment
Payment will be made under:
Pay Item Pay Unit
Dewatering Lump Sum
REVISION OF SECTION 212
SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING
Section 212 of the Standard Specifications is hereby revised for this project as follows:
Subsection 212.01, add the following:
This work includes protecting, removing, and or replacing irrigation for a complete and operating
irrigation system associated with sod removal and or replacement.
This work includes tree retention and protection where affected by or adjacent to the work.
Subsection 212.07, replace with the following:
All landscape restoration other than the items shown in the “Estimate of Approximate Quantity” table
shown in the plans, shall be measured and paid for per section 109.04 – Compensation for Changes and
Force Account Work.
Subsection 212.08, replace with the following:
All landscape restoration other than the items shown in the “Estimate of Approximate Quantity” table
shown in the plans, shall be measured and paid for per section 109.04 – Compensation for Changes and
Force Account Work.
Payment will be made under:
Pay Item Pay Unit
F / A (Landscape Restoration) FA
REVISION OF SECTION 214
PLANTING
Section 214 of the Standard Specifications is hereby revised for this project as follows:
Subsection 214.01, add the following:
This work includes removal and replacement of landscape (edging, shrubs, ground cover, and drip
irrigation) to as good or better condition than prior to the work.
Subsection 214.05, replace with the following:
All landscape restoration other than the items shown in the “Estimate of Approximate Quantity” table
shown in the plans, shall be measured and paid for per section 109.04 – Compensation for Changes and
Force Account Work.
Subsection 214.06, a replace with the following:
All landscape restoration other than the items shown in the “Estimate of Approximate Quantity” table
shown in the plans, shall be measured and paid for per section 109.04 – Compensation for Changes and
Force Account Work.
Payment will be made under:
Pay Item Pay Unit
F / A (Landscape Restoration) FA
REVISION OF SECTION 518
WATER STOPS AND EXPANSION JOINTS
Section 518 of the Standard Specifications is hereby revised for this project as follows:
Subsection 518.12, replace this subsection with the following:
Waterstop and expansion joints shall be incidental to construction and not measured or paid for
separately.
Subsection 518.13, replace this subsection with the following:
Waterstop and expansion joints shall be incidental to construction and not measured or paid for
separately.
REVISION OF SECTION 601
STRUCTURAL CONCRETE
Section 601 of the Standard Specifications is hereby revised for this project as follows:
Subsection 601.19, add the following to this this subsection:
Wall concrete shall be all inclusive (complete in place) including excavation, bedding, construction,
reinforcing steel, and backfill.
Subsection 601.20, add the following:
Payment will be made under:
Pay Item Pay Unit
Concrete, Class D (Mulberry Ave Wall) Linear Foot
REVISION OF SECTION 603
CULVERTS AND SEWERS
Section 603 of the Standard Specifications is hereby revised for this project as follows:
In Subsection 603.12, delete the third paragraph and replace with the following:
Inlet connections to storm sewer mains shall include all excavation, backfill, labor, equipment, fittings,
collars, grout and incidentals required to make the connection complete in place. Inlet connections will not
be measured and paid for separately but shall be included in the work.
STANDARD SPECIAL PROVISIONS
February 3, 2011
REVISION OF SECTION 103
COLORADO RESIDENT BID PREFERENCE
Section 103 of the Standard Specifications is hereby revised for this project as follows:
Subsection 103.01 shall include the following:
(a) Colorado Resident Bid Preference. A resident bidder shall be allowed a preference against a
nonresident bidder from a state or foreign country equal to the preference given or required by the
state or foreign country in which the nonresident bidder is a resident.
Resident bidder means:
(1) A person, partnership, corporation, or joint venture which is authorized to transact business in
Colorado and which maintains its principal place of business in Colorado: or,
(2) A person, partnership, corporation, or joint venture which is authorized to transact business in
Colorado, which maintains a place of business in Colorado, and which has paid Colorado
unemployment compensation taxes in at least seventy-five percent of the eight quarters
immediately prior to bidding on a construction contract for a public project.
To determine the resident bid preference status of a bidder, the bidder shall submit a completed
Form 604 with the proposal. Failure to submit the residency Form with the proposal will be
justification for and may result in the rejection of the proposal and forfeiture of the proposal
guaranty.
The proposals will be treated as follows:
(1) All proposals will be checked for accuracy by the Department.
(2) The dollar amount of the checked proposal from nonresident bidders will be adjusted by a
percentage equal to the percentage preference given or required by the state or foreign country of
the bidder’s residency. If the state or foreign country does not give or require a residency
preference, no adjustment in the proposal dollar amount will be made.
(3) Adjusted proposals from nonresident bidders will then be compared to proposals from resident
bidders, and the bidder with the lowest total will be considered the apparent low bidder.
(4) Should a nonresident bidder be the apparent low bidder, in accordance with paragraph (3) above,
an award will be made on the basis of the original proposal, not the adjusted proposal.
(5) The Department will proceed with its normal award procedure.
July 31, 2014
REVISION OF SECTION 105
CONSTRUCTION SURVEYING
Section 105 of the Standard Specifications is hereby revised for this project as follows:
In subsection 105.13, delete (a) and replace with the following:
(a) Contractor Surveying. When the bid schedule contains pay item 625, Construction Surveying, the
Department will provide control points and bench marks as described in the Contract. The
Contractor shall furnish and set construction stakes establishing lines and grades in accordance with
the provisions of Section 625. The Engineer may order extra surveying which will be paid for at a
negotiated rate not to exceed $150 per hour.
In subsection 105.13 (b), delete the sixth paragraph and replace with the following:
The Contractor shall be held responsible for the preservation of all stakes and marks, and if any are
destroyed, disturbed or removed by the Contractor, subcontractors, or suppliers, the cost of replacing
them will be charged against the Contractor and will be deducted from the payment for the work at a
negotiated rate not to exceed $150 per hour.
January 30, 2014
REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR
CONTRACT ADJUSTMENTS
Section 105 of the Standard Specifications is hereby revised for this project as follows:
Delete subsections 105.22, 105.23 and 105.24 and replace with the following:
105.22 Dispute Resolution. Subsections 105.22, 105.23, and 105.24 detail the process through which
the parties (CDOT and the Contractor) agree to resolve any issue that may result in a dispute. The intent
of the process is to resolve issues early, efficiently, and as close to the project level as possible. Figure
105-1 in the standard special provisions outlines the process. Specified time frames may be extended by
mutual agreement of the Engineer and the Contractor. In these subsections, when a time frame ends on
a Saturday, Sunday or holiday, the time frame shall be extended to the next scheduled work day.
A dispute is a disagreement concerning contract price, time, interpretation of the Contract, or all three
between the parties at the project level regarding or relating to the Contract. Disputes include, but are
not limited to, any disagreement resulting from a delay, a change order, another written order, or an oral
order from the Project Engineer, including any direction, instruction, interpretation, or determination by
the Project Engineer, interpretations of the Contract provisions, plans, or specifications or the existence
of alleged differing site conditions.
The term "merit" refers to the right of a party to recover on a claim or dispute, irrespective of quantum,
based on the substance, elements, and grounds of that claim or dispute. The term "quantum" refers to
the quantity or amount of compensation or time deserved when a claim or dispute is found to have merit.
Disputes from subcontractors, material suppliers, or any other entity not party to the Contract shall be
submitted through the Contractor. Review of a pass-through dispute does not create privity of Contract
between CDOT and the subcontractor.
If CDOT does not respond within the specified timelines, the Contractor may advance the dispute to the
next level.
When the Project Engineer is a Consultant Project Engineer, actions, decisions, and determinations
specified herein as made by the Project Engineer shall be made by the Resident Engineer.
The dispute resolution process set forth in this subsection shall be exhausted in its entirety prior to
initiation of litigation or arbitration. Failure to comply with the requirements set forth in this subsection
shall bar either party from any further administrative, equitable, or legal remedy. If a deadline is missed
that does not prejudice either party, further relief shall be allowed.
All disputes and claims shall be submitted within 30 days of the date of the certified letter submitting the
CDOT Form 96, Contractor Acceptance of Final Estimate, to the Contractor. Failure to submit a dispute
or claim within this time period releases the State of Colorado from all disputes and claims for which
notice has not already been submitted in accordance with the Contract.
All disputes and claims seeking damages calculated on a Total Cost or Modified Total Cost basis will
not be considered unless the party asserting such damages establishes all the legal requirements
therefore, which include:
(1) The nature of the particular losses makes it impossible or highly impractical to determine them with
a reasonable degree of accuracy.
(2) The Contractor’s bid or estimate was realistic.
(3) The Contractor’s actual costs were reasonable.
(4) The Contractor was not responsible for the cost overrun.
January 30, 2014
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
Should the Contractor’s dispute use the Total Cost approach for calculating damages, damages will be
determined by subtracting the contract amount from the total cost of performance. Should the
Contractor’s dispute use the Modified Total Cost approach for calculating damages, if the Contractor’s
bid was unrealistic in part, and/or some of its costs were unreasonable and/or some of its damages were
caused by its own errors, those costs and damages will be deducted from the total cost of performance to
arrive at the Modified Total Cost. The Total Cost or Modified Total Cost basis for calculating damages
shall not be available for any disputes or claims seeking damages where the Contractor could have kept
separate cost records at the time the dispute arose as described in subsection 105.22(a).
(a) Document Retention. The Contractor shall keep full and complete records of the costs and additional
time incurred for each dispute for a period of at least three years after the date of final payment or
until dispute is resolved, whichever is more. The Contractor, subcontractors, and lower tier
subcontractors shall provide adequate facilities, acceptable to the Engineer, for an audit during
normal business hours. The Contractor shall permit the Engineer or Department auditor to examine
and copy those records and all other records
required by the Engineer to determine the facts or contentions involved in the dispute. The
Contractor shall identify and segregate any documents or information that the Contractor considers
particularly sensitive, such as confidential or proprietary information.
Throughout the dispute, the Contractor and the Project Engineer shall keep complete daily records of
extra costs and time incurred, in accordance with the following procedures:
1. Daily records shall identify each operation affected, the specific locations where work is
affected, and the potential effect to the project’s schedule. Such records shall also reflect all
labor, material, and equipment applicable to the affected operations.
2. On the first work day of each week following the date of the written notice of dispute, the
Contractor shall provide the Project Engineer with the daily records for the 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.
January 30, 2014
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
(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
January 30, 2014
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
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
January 30, 2014
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
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
PART 1 - General. Within 120 days after the establishment of the Board, the Board shall meet at a
mutually agreeable location to:
SCHEDULE 0 - Obtain copies of the Contract documents and Contractor's schedules for each of
the Board members.
SCHEDULE 1 - Agree on the location of future meetings, which shall be reasonably close to the
project site.
SCHEDULE 2 - Establish an address and telephone number for each Board member for the
purposes of Board business.
PART 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.
PART 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.
January 30, 2014
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
(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.
January 30, 2014
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
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:
a. An employee of CDOT presents a brief description of the project and the status of construction
on the project.
b. 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.
c. 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.
d. Employees of each party are responsible for leading presentations at the DRB hearing.
e. 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.
f. 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.
g. 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.
h. 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.
i. 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
January 30, 2014
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
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.
j. 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.
k. 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.
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DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
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
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DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
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
(i) [Project Name]
and
WHEREAS, the Contract provides for the establishment of a Board in accordance with subsections
105.22 and 105.23 of the specifications.
NOW, THEREFORE, it is hereby agreed:
ARTICLE I
DESCRIPTION OF WORK AND SERVICES
The Department and the Contractor shall form a Board in accordance with this agreement and the
provisions of subsection 105.23.
ARTICLE II
COMMITMENT ON PART OF THE PARTIES HERETO
The parties hereto shall faithfully fulfill the requirements of subsection 105.23 and the requirements of
this agreement.
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DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
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.
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DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
1)
2) 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: .
January 30, 2014
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
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
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
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/
January 30, 2014
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
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:
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DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
(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
January 30, 2014
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
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.
January 30, 2014
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
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.
January 30, 2014
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
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
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
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.
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
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)
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
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
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
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
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
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.
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REVISION OF SECTION 105
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(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
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
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
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
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
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
(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.
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
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
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
Contractor provides written notice of dispute to Project
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
di
Adjustment of
payment/schedule
in consultation
with Program
Ei
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
PE determines dispute has
DRB renders a
DRB recommendation is accepted
Either party rejects DRB
Up to 30 days –
105 22 (d)
105.22 Project Issue – Verbal discussions between Proj.
Impas
15 Days – 105.22
(b)
CDOT Project Engineer and Contractor discuss merit of
15 Days –
105 22 ( )
Merit granted –
Quantum
negotiations
10 days – 105.23
(h)
30 days – 105.23
()
DRB Hearing
14 days –
105 23 (i)
Figure 105-1
DISPUTES AND CLAIMS FLOW CHART
Contractor rejects PE’s denial.
Contractor provides written notice
Contractor accepts denial.
Dispute is resolved.
7 days – 105.22
()
7 days – 105.22
(d)
20 days – 105.23
(d)
5 Days –
105.23
(a)
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REVISION OF SECTION 105
DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS
Article III. February 3, 2011
REVISION OF SECTIONS 105 AND 106
CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT
(LESS THAN 5000 TONS)
Sections 105 and 106 of the Standard Specifications are hereby revised for this project as follows:
Delete subsection 105.05 and replace with the following:
105.05 Conformity to the Contract of Hot Mix Asphalt. Conformity to the Contract of all Hot Mix
Asphalt, Item 403, except Hot Mix Asphalt (Patching) and temporary pavement will be determined by
tests and evaluations of elements that include asphalt content, gradation, in-place density and joint
density in accordance with the following:
All work performed and all materials furnished shall conform to the lines, grades, cross sections,
dimensions, and material requirements, including tolerances, shown in the Contract.
For those items of work where working tolerances are not specified, the Contractor shall perform the
work in a manner consistent with reasonable and customary manufacturing and construction practices.
When the Engineer finds the materials or work furnished, work performed, or the finished product are
not in conformity with the Contract and has resulted in an inferior or unsatisfactory product, the work or
material shall be removed and replaced or otherwise corrected at the expense of the Contractor.
Materials will be sampled randomly and tested by the Department in accordance with Section 106 and
with the applicable procedures contained in the Department's Field Materials Manual. The approximate
maximum quantity represented by each sample will be as set forth in Section 106. Additional samples
may be selected and tested as set forth in Section 106 at the Engineer's discretion.
A process will consist of either a single test value or a series of test values resulting from related tests of
an element of the Contractor’s work and materials. An element is a material or workmanship property
that can be tested and evaluated for quality level by the Department approved sampling, testing, and
analytical procedures. All materials produced will be assigned to a process. A change in process is
defined as a change that affects the element involved. For any element, with the exception of the
process for joint density element, a process normally will include all produced materials associated with
that element prior to a change in the job mix formula (Form 43). For joint density, a new process will
be established for each new layer of pavement or for changes in joint construction. Density
measurements taken within each compaction test section will be a separate process. The Engineer may
separate a process in order to accommodate small quantities or unusual variations.
Evaluation of materials for pay factors (PF) will be done using only the Department’s acceptance test
results. Each process will have a PF computed in accordance with the requirements of this Section. Test
results determined to have sampling or testing errors will not be used.
Except for in-place density measurements taken within a compaction test section, any test result for an
element greater than the distance 2 x V (see Table 105-2) outside the tolerance limits will be designated
as a separate process and the pay factor will be calculated in accordance with subsection 105.05(a). An
February 3, 2011
2
REVISION OF SECTIONS 105 AND 106
CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT
(LESS THAN 5000 TONS)
element pay factor less than zero shall be zero. The calculated PF will be used to determine the
Incentive/Disincentive Payment (I/DP) for the process.
In the case of in-place density or joint density the Contractor will be allowed to core the exact location
(or immediately adjacent location for joint density) of a test result more than 2 x V outside the tolerance
limit. The core must be taken and furnished to the Engineer within eight hours after notification by the
Engineer of the test result. The result of this core will be used in lieu of the previous test result. Cores
not taken within eight hours after notification by the Engineer will not be used in lieu of the test result.
All costs associated with coring will be at the Contractor s expense.
(a) Representing Small Quantities. When it is necessary to represent a process by only one or two test
results, PF will be the average of PFs resulting from the following:
If the test result is within the tolerance limits then PF = 1.00
If the test result is above the maximum specified limit, then
PF = 1.00 – [0.25(TO - T
U)/V]
If the test result is below the minimum specified limit, then
PF = 1.00 – [0.25(TL - T
O)/V]
Where: PF = pay factor.
V = V factor from Table 105-2.
TO = the individual test result.
TU = upper specification limit.
TL = lower specification limit.
The calculated PF will be used to determine the I/DP for the process.
(b) Determining Quality Level. Each process with three or more test results will be evaluated for a
quality level (QL) in accordance with Colorado Procedure 71.
(c) Gradation Element. Each specified sieve, with the exception of 100 percent passing sieves, will be
evaluated for QL separately. The lowest calculated QL for a sieve will be designated as the QL for
gradation element for the process.
(d) Joint Density Element. Joint Density will be tested according to subsection 401.17.
February 3, 2011
3
REVISION OF SECTIONS 105 AND 106
CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT
(LESS THAN 5000 TONS)
(e) Process Pay Factor. Using the calculated QL for the process, compute PF as follows: The final
number of random samples (Pn) in each process will determine the final pay factor. . As test values
are accumulated for each process, Pn will change accordingly. When the process has been
completed, the number of random samples it contains will determine the computation of PF, based
on Table 105-3 and formula (1) below. When Pn is from 3 to 9, or greater than 200, PF will be
computed using the formulas designated in Table 105-3. Where Pn is equal to or greater than 10
and less than 201, PF will be computed by formula (1):
Where, when referring to Table 105-3:
PF1= PF determined at the next lowest Pn formula using process QL
PF2= PF determined using the Pn formula shown for the process QL
PF3= PF determined at the next highest Pn formula using process QL
Pn2= the lowest Pn in the spread of values listed for the process Pn formula
Pn3= the lowest Pn in the spread of values listed for the next highest Pn
formula
PnX= the actual number of test values in the process
When evaluating the item of Furnish Hot mix asphalt, the PF for the element of In-Place Density shall be 1.0.
Regardless of QL, the maximum PF in relation to Pn is limited in accordance with Table 105-3.
As test results become available, they will be used to calculate accumulated QL and PF numbers for
each process. The process I/DP’s will then be calculated and accumulated for each element and for
the item. The test results and the accumulated calculations will be made available to the Contractor
upon request.
Numbers from the calculations will be carried to significant figures and rounded according to
AASHTO Standard Recommended Practice R-11, Rounding Method.
(f) Evaluation of Work. When the PF of a process is 0.75 or greater, the finished quantity of work
represented by the process will be accepted at the appropriate pay factor. If the PF is less than 0.75,
the Engineer may:
1. Require complete removal and replacement with specification material at the Contractor’s
expense;
or
(PF1 + PF
2) (PF2
+ PF3) (PF
1
+ PF2) (Pn
2 – PnX
)
February 3, 2011
4
REVISION OF SECTIONS 105 AND 106
CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT
(LESS THAN 5000 TONS)
2. Where the finished product is found to be capable of performing the intended purpose and the
value of the finished product is not affected, permit the Contractor to leave the material in place.
If the material is permitted to remain in place the PF for the process will not be greater than 0.75.
When condition red, as described in Section 106, exists for any element, resolution and correction
will be in accordance with Section 106. Material, which the Engineer determines is defective, may
be isolated and rejected without regard to sampling sequence or location within a process.
If removal and replacement is required because the joint density PF for a process is below 0.75, the
Contractor shall remove and replace the full lane width adjacent to and including at least 6 inches
beyond the visible joint line for the entire length of joint representing the process. If the lane
removed is adjacent to another joint, that joint shall also be removed to a point 6 inches beyond the
visible joint line. When a single joint density core is more than 2V outside the tolerance limits, the
removal and replacement limits shall be identified by coring the failing joint at 25 foot intervals until
two successive cores are found to be 1V or less below the minimum tolerance limit. If removal and
replacement is required, the Contractor shall submit documentation identifying the process to be
used to correct the area in question in writing. The process will be approved by the Engineer before
commencing the corrective work.
Table 105-2
“W” AND “V” FACTORS FOR VARIOUS ELEMENTS
Hot Mix Asphalt
Element V Factor W Factor
2.36 mm (No. 8) mesh and larger
sieves 2.80 N/A
600 μm (No. 30) mesh sieve 1.80 N/A
75 μm (No. 200) mesh sieve 0.80 N/A
Gradation N/A 15
Asphalt Content 0.20 25
In-place Density 1.10 45
Joint Density 1.60 15
Table 105-3
FORMULAS FOR CALCULATING PF BASED ON PN
February 3, 2011
5
REVISION OF SECTIONS 105 AND 106
CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT
(LESS THAN 5000 TONS)
Pn
When Pn as shown at left is 3 to 9, or greater than 200,
use designated formula below to calculate Pay Factor,
PF = ...,
when Pn is 10 to 200, use formula (1) above:
Maximum PF
3 0.31177 + 1.57878 (QL/100) - 0.84862 (QL/100)2 1.025
4 0.27890 + 1.51471 (QL/100) - 0.73553 (QL/100)2 1.030
5 0.25529 + 1.48268 (QL/100) - 0.67759 (QL/100)2 1.030
6 0.19468 + 1.56729 (QL/100) - 0.70239 (QL/100)2 1.035
7 0.16709 + 1.58245 (QL/100) - 0.68705 (QL/100)2 1.035
8 0.16394 + 1.55070 (QL/100) - 0.65270 (QL/100)2 1.040
9 0.11412 + 1.63532 (QL/100) - 0.68786 (QL/100)2 1.040
10 to 11 0.15344 + 1.50104 (QL/100) - 0.58896 (QL/100)2 1.045
12 to 14 0.07278 + 1.64285 (QL/100) - 0.65033 (QL/100)2 1.045
15 to 18 0.07826 + 1.55649 (QL/100) - 0.56616 (QL/100)2 1.050
19 to 25 0.09907 + 1.43088 (QL/100) - 0.45550 (QL/100)2 1.050
26 to 37 0.07373 + 1.41851 (QL/100) - 0.41777 (QL/100)2 1.055
38 to 69 0.10586 + 1.26473 (QL/100) - 0.29660 (QL/100)2 1.055
70 to 200 0.21611 + 0.86111 (QL/100) 1.060
> 201 0.15221 + 0.92171 (QL/100) 1.060
(g) Process I/DP Computation.
I/DP = (PF - 1)(QR)(UP)(W/100)
Where: I/DP = Incentive/Disincentive Payment
PF = Pay Factor
QR = Quantity in Tons of HMA Represented by
the Process
UP = Unit Bid Price of Asphalt Mix
W = Element Factor from Table 105-2
February 3, 2011
6
REVISION OF SECTIONS 105 AND 106
CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT
(LESS THAN 5000 TONS)
When AC is paid for separately UP shall be:
UP = [(TonHMA)(UPHMA
) + (TonAC)(UPAC
)]/TonHMA
Where: TonHMA = Tons of Asphalt Mix
UPHMA = Unit Bid Price of Asphalt Mix
TonAC = Tons of Asphalt Cement
UPAC = Unit Bid Price of Asphalt Cement
For the joint density element:
UP = UPHMA
Where: UPHMA is as defined above.
When AC is paid for separately UP shall be:
UP = [(BTonHMA)(BUPHMA
) + (BTonAC)(BUPAC
)]/BTonHMA
Where: BTonHMA = Bid Tons of Asphalt Mix
BUPHMA = Unit Bid Price of Asphalt Mix
BTonAC = Bid Tons of Asphalt Cement
BUPAC = Unit Bid Price of Asphalt Cement
(h) Element I/DP. The I/DP for an element shall be computed by accumulating the process
I/DP’s for that element.
(i) I/DP for a Mix Design. The I/DP for a mix design shall be computed by accumulating the individual
I/DP’s for the asphalt content, in-place density, and gradation elements for that mix design. The
accumulated quantities of materials for each element must be the same at the end of I/DP
calculations for a mix design.
(j) Project I/DP. The I/DP for the project shall be computed by accumulating the mix design I/DP’s
and the joint density I/DP’s. The accumulated quantities of materials for each element must be the
same at the end of I/DP calculations for the project.
Delete subsection 106.05 and replace with the following:
106.05 Sampling and Testing of Hot Mix Asphalt. All hot mix asphalt, Item 403, except Hot Mix
Asphalt (Patching) and temporary pavement shall be tested in accordance with the following program of
process control testing and acceptance testing:
February 3, 2011
7
REVISION OF SECTIONS 105 AND 106
CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT
(LESS THAN 5000 TONS)
The Contract will specify whether process control testing by the Contractor is mandatory or voluntary.
(a) Process Control Testing.
1. Mandatory Process Control. When process control testing is mandatory the Contractor shall be
responsible for process control testing on all elements and at the frequency listed in Table 106-1.
Process control testing shall be performed at the expense of the Contractor.
After completion of compaction, in-place density tests for
process control shall be taken at the frequency
shown in Table 106-1. The results shall be reported in writing
to the Engineer on a daily basis. Daily
plots of the test results with tonnage represented shall be made
on a chart convenient for viewing by the
Engineer. All of the testing equipment used for in-place
density testing shall conform to the requirements
of acceptance testing standards, except nuclear testing devices
need not be calibrated on the
Department’s calibration blocks.
For elements other than in-place density, results from quality control tests need not be plotted, or
routinely reported to the Engineer. This does not relieve the Contractor from the responsibility
of
performing such testing along with appropriate plant monitoring as necessary to assure that
produced
material conforms to the applicable specifications. Quality control test data shall be made
available to the
Engineer upon request.
2. Voluntary Process Control. The Contractor may conduct process control testing. Process
control testing is not required, but is recommended on the elements and at the frequency listed in
Table 106-1.
All of the testing equipment used for in-place density testing shall conform to the requirements
of
acceptance testing standards, except nuclear testing devices need not be calibrated on the
Department’s
calibration blocks.
(b) Acceptance Testing. Acceptance testing is the responsibility of the Department. For acceptance
testing the Department will determine the locations where samples or measurements are to be taken
and as designated in Section 403. The maximum quantity of material represented by each test result,
the elements, the frequency of testing and the minimum number of test results will be in accordance
with Table 106-1. The location or time of sampling will be based on the stratified random procedure
as described in CP 75. Acceptance sampling and testing procedures will be in accordance with the
February 3, 2011
8
REVISION OF SECTIONS 105 AND 106
CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT
(LESS THAN 5000 TONS)
Schedule for Minimum Materials Sampling, Testing and Inspection in the Department’s Field
Materials Manual. Samples for project acceptance testing shall be taken by the Contractor in
accordance with the designated method. The samples shall be taken in the presence of the Engineer.
Where appropriate, the Contractor shall reduce each sample to the size designated by the Engineer.
The Contractor may retain a split of the each sample which cannot be included as part of the
Contractor’s process control testing. All materials being used are subject to inspection and testing at
any time prior to or during incorporation into the work.
Table 106-1
SCHEDULE FOR MINIMUM SAMPLING AND TESTING
Element Process Control Acceptance
Asphalt Content 1/500 tons 1/1000 tons
Theoretical
Maximum
Specific Gravity
1.1000 tons, minimum
1/day
1/1000 tons, minimum
1/day
Gradation 1/Day 1/2000 tons
In-Place Density 1/500 tons 1/500 tons
Joint Density 1 core/2500 linear feet
of joint
1 core /5000 linear feet of
joint
Aggregate
Percent
Moisture
(3)
1/2000 tons or 1/Day if
less than 2000 tons 1/2000 tons
Percent Lime
(3)
(4) 1/Day Not applicable
Notes:
(1) The minimum number of in-place density tests for acceptance will
be 5.
(2) Process control tests for gradation are not required if less than 250
tons are placed in a day. The minimum number of process control
tests for gradation shall be one test for each 1000 tons or fraction
thereof.
(3) Not to be used for incentive/disincentive pay. Test according to
CP 60B and report results from Form 106 or Form 565 on Form 6.
(4) Verified per Contractor’s QC Plan.
February 3, 2011
9
REVISION OF SECTIONS 105 AND 106
CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT
(LESS THAN 5000 TONS)
(c) Reference Conditions. Three reference conditions can exist determined by the Moving Quality Level
(MQL). The MQL will be calculated in accordance with the procedure in CP 71 for Determining
Quality Level (QL). The MQL will be calculated using only acceptance tests. The MQL will be
calculated on tests 1 through 3, then tests 1 through 4, then tests 1 through 5, then thereafter on the
last five consecutive test results. The MQL will not be used to determine pay factors. The three
reference conditions and actions that will be taken are described as follows:
1. Condition green will exist for an element when an MQL of 90 or greater is reached, or
maintained, and the past five consecutive test results are within the specification limits.
2. Condition yellow will exist for all elements at the beginning of production or when a new
process is established because of changes in materials or the job-mix formula, following an
extended suspension of work, or when the MQL is less than 90 and equal to or greater than 65.
Once an element is at condition green, if the MQL falls below 90 or a test result falls outside the
specification limits, the condition will revert to yellow or red as appropriate.
3. Condition red will exist for any element when the MQL is less than 65. The Contractor shall be
notified immediately in writing and the process control sampling and testing frequency increased
to a minimum rate of 1/250 tons for that element. The process control sampling and testing
frequency shall remain at 1/250 tons until the process control QL reaches or exceeds 78. If the
QL for the next five process control tests is below 65, production will be suspended.
If gradation is the element with MQL less than 65, the Department will test one randomly
selected sample in the first 1250 tons produced in condition red. If this test result is outside the
tolerance limits, production will be suspended. (This test result will not be included as an
acceptance test.)
After condition red exists, a new MQL will be started. Acceptance testing will stay at the
frequency shown in Table 106-1. After three acceptance tests, if the MQL is less than 65,
production will be suspended.
Production will remain suspended until the source of the problem is identified and corrected.
Each time production is suspended, corrective actions shall be proposed in writing by the
Contractor and approved in writing by the Engineer before production may resume.
Upon resuming production, the process control sampling and testing frequency for the elements
causing the condition red shall remain at 1/250 tons. If the QL for the next five process control
tests is below 65, production will be suspended again. If gradation is the element with MQL less
than 65, the Department will test one randomly selected sample in the first 1250 tons produced in
condition red. If this test result is outside the tolerance limits, production will be suspended.
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.
October 31, 2013
REVISION OF SECTION 106
MATERIAL SOURCES
Section 106 of the Standard Specifications is hereby revised for this project as follows:
In subsection 106.02 (a), delete the third paragraph and replace with the following:
The Contract will indicate whether the Department has or has not obtained the necessary County or City
Zoning Clearance and the required permit from Colorado Department of Natural Resources needed to
explore and remove materials from the available source. If the Department did not obtain the necessary
clearances or permits, the Contractor shall obtain them. Any delays to the project or additional expenses
that are incurred while these clearances or permits are being obtained shall be the responsibility of the
Contractor. The Contractor shall ensure that the requirements of the permits do not conflict with the pit
construction and reclamation requirements shown in the Contract for the available source.
In subsection 106.02 (b), delete the first paragraph and replace with the following:
(b) Contractor Source. Sources of sand, gravel, or borrow other than available sources will be
known as contractor sources. The contractor source will be tested by the Department and approved by
the Engineer prior to incorporation of the material into the project. If the submitted materials do not
meet the contract specifications it will become the Contractor’s responsibility to re-sample and test the
material. The Contractor will supply the Department with passing test results from an AASHTO
accredited laboratory and signed and sealed by a Professional Engineer. If requested by the Engineer,
the Department will then re-sample and re-test the material for compliance to the contract specifications.
The Contractor shall produce material which meets contract specifications throughout construction of
the project.
The cost of sampling, testing, and corrective action by the Contractor will not be paid for separately but
shall be included in the work.
January 30, 2014
REVISION OF SECTION 106
SUPPLIER LIST
Section 106 of the Standard Specifications is hereby revised for this project as follows:
Subsection 106.01 shall include the following:
Prior to beginning any work the Contractor shall submit to the Engineer a completed Form 1425,
Supplier List. During the performance of the Contract, the Contractor shall submit an updated Form
1425 when requested by the Engineer.
Failure to comply with the requirements of this subsection shall be grounds for withholding of progress
payments.
May 2, 2013
REVISION OF SECTION 107
PROJECT PAYROLLS
Section 107 of the Standard Specifications is hereby revised for this project as follows:
Subsection 107.01 shall include the following:
As related to the Form FHWA 1273, Required Contract Provisions Federal-Aid Construction Contracts,
the Contractor shall check all Contractor and subcontractor project payrolls regarding accuracy of pay
classification, pay hours, and pay rates. The Contractor shall sign and date all payrolls signifying this
check has been performed.
February 3, 2011
REVISION OF SECTION 107
RESPONSIBILITY FOR DAMAGE CLAIMS,
INSURANCE TYPES AND COVERAGE LIMITS
Section 107 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 107.15(c) and replace it with the following:
(c) Each insurance policy shall include provisions preventing cancellation or non-renewal without at least 30
days prior notice to Contractor. The Contractor shall forward to the Engineer any such notice received within
seven days of the Contractor’s receipt of such notice.
January 30, 2014
REVISION OF SECTION 107
WARNING LIGHTS FOR WORK VEHICLES AND EQUIPMENT
Section 107 of the Standard Specifications is hereby revised for this project as follows:
Subsection 107.06 (b) shall include the following:
All work vehicles and mobile equipment shall be equipped with one or more functioning warning lights
mounted as high as practicable, which shall be capable of displaying in all directions one or more
flashing, oscillating, or rotating lights for warning roadway traffic. The lights shall be amber in color.
The warning lights shall be activated when the work vehicle or mobile equipment is operating within the
roadway, right of way or both. All supplemental lights shall be SAE Class 1 certified.
May 2, 2013
REVISION OF SECTION 108
LIQUIDATED DAMAGES
Section 108 of the Standard Specifications is hereby revised for this project as follows:
In subsection 108.09 delete the schedule of liquidated damages and replace with the following:
Original Contract Amount ($) Liquidated Damages per Calendar Day
($)
From More Than To And Including
0 250,000 400
250,000 500,000 700
500,000 1,000,000 1,100
1,000,000 2,000,000 1,600
2,000,000 4,000,000 2,500
4,000,000 10,000,000 3,300
10,000,000
---------------
3,300 plus 200 Per Each Additional
1,000,000 Contract Amount or Part Thereof
Over 10,000,000
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
1
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.
July 31, 2014
2
REVISION OF SECTION 108
PROJECT SCHEDULE
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.
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.
July 31, 2014
3
REVISION OF SECTION 108
PROJECT SCHEDULE
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.
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.
July 31, 2014
4
REVISION OF SECTION 108
PROJECT SCHEDULE
(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:
1) A Job Progress Narrative Report that includes the following:
i. A description of the work performed since the previous month’s schedule update.
ii. A description of problems encountered or anticipated since the previous month’s schedule
submission.
iii. A description of unusual labor, shift, equipment, or material conditions or restrictions encountered or
anticipated.
iv. The status of all pending items that could affect the schedule.
v. Explanations for milestones forecasted to occur late.
vi. Scheduled completion date status and any change from the previous month’s submission.
vii. An explanation for a scheduled completion date forecasted to occur before or after the contract
completion date or contract time.
viii. Schedule Delays:
a. A description of current and anticipated delays including: Identification of the delayed
activity or activities by Activity ID(s) and description(s).
b. Delay type with reference to the relevant specification subsection.
c. Delay cause or causes.
d. Effect of the delay on other activities, milestones, and completion dates.
e. Identification of the actions needed to avoid a potential or mitigate an actual delay.
f. A description of the critical path impact and effect on the scheduled completion date in the
previous month’s schedule update.
ix. A list of all added and deleted activities along with an explanation for the change.
x. All logic and duration changes along with an explanation for the change.
2) A Predecessor Activity and Successor Activity report that defines all schedule logic and clearly indicates
all logical relationships and constraints.
3) An Early Start report listing all activities, sorted by actual start/early start date.
4) A Float report listing all activities sorted in ascending order of available float.
July 31, 2014
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REVISION OF SECTION 108
PROJECT SCHEDULE
5) A Critical Path report listing all activities not yet complete with the percent complete, sorted by float and
then by early start.
6) 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.
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.
July 31, 2014
6
REVISION OF SECTION 108
PROJECT SCHEDULE
(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.
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.
October 31, 2013
REVISION OF SECTION 108
PAYMENT SCHEDULE (SINGLE CONSTRUCTION YEAR)
Section 108 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 108.04, and replace with the following:
108.04 Payment Schedule. The Contractor shall prepare a payment schedule which shall show the
dollar amount of work the Contractor expects to complete by the end of each State Fiscal Year (July 1 to
June 30). The schedule shall cover the period from the commencement of work to the expected
completion date as shown on the Contractor’s progress schedule. The payment schedule may be
prepared using standard spreadsheet software such as MS Excel and submitted in electronic format.
The Contractor shall submit the payment schedule at the preconstruction conference. The payment
schedule shall show the total dollar amount of work expected to be completed by the end of each State
Fiscal Year.
The amounts shown shall include planned force account work and expected incentive payments.
If the Contractor fails to submit the payment schedule by the required date, the Engineer will withhold
further progress payments until such time as the Contractor has submitted it.
May 5, 2011
REVISION OF SECTION 109
COMPENSATION FOR COMPENSABLE DELAYS
In subsection 109.10, delete the first two paragraphs and replace with the following:
109.10 Compensation for Compensable Delays. If the Engineer determines that a delay is
compensable in accordance with either subsection 105.22, 105.23, 105.24, or 108.08, monetary
compensation will be determined in accordance with this subsection.
(a) These categories represent the only costs that are recoverable by the Contractor. All other costs or
categories of costs are not recoverable:
(1) Actual wages and benefits, including FICA, paid for additional labor not otherwise included in
(5) below;
(2) Costs for additional bond, insurance and tax;
(3) Increased costs for materials;
(4) Equipment costs calculated in accordance with subsection 109.04(c) for Contractor owned
equipment and based on invoice costs for rented equipment;
(5) Costs of extended job site overhead;
(6) Costs of salaried employees not otherwise included in (1) or (5) above incurred as a direct result
of the delay;
(7) Claims from subcontractors and suppliers at any level (the same level of detail as specified
herein is required for all such claims);
(8) An additional 16 percent will be added to the total of items (1) through (7) as compensation for
items for which no specific allowance is provided, including profit and home office overhead.
February 3, 2011
REVISION OF SECTION 109
MEASUREMENT OF QUANTITIES
Section 109 of the Standard Specifications is hereby revised for this project as follows:
In subsection 109.01, delete the 17
th
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
1
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.
July 19, 2012
2
REVISION OF SECTIONS 203, 206, 304 AND 613
COMPACTION
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 15
th
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
July 19, 2012
3
REVISION OF SECTIONS 203, 206, 304 AND 613
COMPACTION
maximum dry density. The maximum dry density and optimum moisture content (OMC) for A-1, A-2-
4. A-2-5 and A-3 materials will determined in accordance with AASHTO T 180 as modified by CP 23.
The maximum dry density and OMC for all other materials will determined in accordance with
AASHTO T 99 as modified by CP 23. Materials shall be compacted at ± 2percent of Optimum Moisture
Content (OMC). Materials having greater than 35 percent passing the 75 µm (No. 200) sieve shall be
compacted at 0 to 3 percent above OMC. Each layer shall be mechanically compacted by tamping with
power tools approved by the Engineer. Compaction methods or equipment that damage the conduit shall
not be used.
July 29, 2011
REVISION OF SECTIONS 206 AND 601
BACKFILLING STRUCTURES THAT
SUPPORT LATERAL EARTH PRESSURES
Sections 206 and 601 of the Standard Specifications are hereby revised for this project as follows:
In subsection 206.03, delete the ninth paragraph and replace with the following:
Backfill material shall not be deposited against newly constructed masonry or concrete structures, until
the concrete has developed a compressive strength of 0.8 f 'c, except in cases where the structures
support lateral earth pressure. Concrete compressive strength for structures supporting lateral earth
pressure shall conform to subsection 601.12 (o).
Subsection 601.12 shall include the following:
(o) Backfilling Structures that Support Lateral Earth Pressure. Concrete compressive strengths shall
reach f'c before backfilling operations can begin with heavy equipment, such as skid-steers or self-
powered riding compactors. Concrete compressive strengths shall reach 0.8 f'c before backfilling
operations can begin with hand operated equipment.
January 31, 2013
REVISION OF SECTION 208
AGGREGATE BAG
Section 208 of the Standard Specifications is hereby revised for this project as follows:
In subsection 208.02 delete (l) and replace with the following:
(l) Aggregate Bag. Aggregate bags shall consist of crushed stone or recycled rubber filled fabric with the following
properties:
Diameter (inches) Weight (minimum)
(pounds per foot)
6-8 6
10 10
12 15
Rubber used in bags shall be clean, 95 percent free of metal and particulates.
Crushed stone contained in the aggregate bags shall conform to subsection 703.09, Table 703-7 for Class C.
The aggregate bag shall consist of a woven geotextile fabric with the following properties:
Property Requirement Test Method
Grab Tensile Strength 90 lbs. min. ASTM D 4632
Trapezoid Tear Strength 25 lbs. min. ASTM D 4533
Mullen Burst 300 psi ASTM D 3786
Ultraviolet Resistance 70% ASTM D 4355
Subsection 208.12 shall include the following:
Pay Item Pay Unit
Aggregate Bag Linear Foot
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.
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.
April 26, 2012
REVISION OF SECTION 401
COMPACTION OF HOT MIX ASPHALT
Section 401 of the Standard Specifications is hereby revised for this project as follows:
In subsection 401.17, delete the first paragraph and replace with the following:
401.17 Compaction. The hot mix asphalt shall be compacted by rolling. Both steel wheel and
pneumatic tire rollers will be required. The number, weight, and type of rollers furnished shall be
sufficient to obtain the required density while the mixture is in a workable condition. Compaction shall
begin immediately after the mixture is placed and be continuous until the required density is obtained.
When the mixture contains unmodified asphalt cement (PG 58-28 or PG 64-22) or modified (PG
58-34), and the surface temperature falls below 185 °F, further compaction effort shall not be applied
unless approved, provided the Contractor can demonstrate that there is no damage to the finished
mat. If the mixture contains modified asphalt cement (PG 76-28, PG 70-28 or PG 64-28) and the
surface temperature falls below 230 °F, further compaction effort shall not be applied unless
approved, provided the Contractor can demonstrate that there is no damage to the finished mat.
Warm Mix Asphalt compaction requirements shall conform to CP 59.
In subsection 401.17, delete the third paragraph and replace with the following:
SMA shall be compacted to a density of 93 to 97 percent of the daily theoretical maximum specific
gravity, determined according to CP 51. All other HMA shall be compacted to a density of 92 to 96
percent of the daily theoretical maximum specific gravity, determined according to CP 51. If more
than one theoretical maximum specific gravity test is taken in a day, the average of the theoretical
maximum specific gravity results will be used to determine the percent compaction. Field density
determinations will be made in accordance with CP 44 or 81.
In subsection 401.17, second to last paragraph, delete the first sentence and replace with the
following:
After production paving work has begun, a new Roller Pattern shall be demonstrated when a change
in the compaction process is implemented.
July 19, 2012
REVISION OF SECTION 401
COMPACTION PAVEMENT TEST SECTION (CTS)
Section 401 of the Standard Specifications is hereby revised for this project as follows:
In subsection 401.17, delete the fifteenth paragraph and replace with the following:
Two sets of random cores shall be taken within the last 200 tons of the CTS. Each set shall consist
of seven random cores. The Engineer will determine the coring locations using a stratified random
sampling process. The locations of these cores will be such that one set can serve as a duplicate of
the other. One set of these cores shall be immediately submitted to the Engineer. This set will be
used for determining acceptance of the CTS and determining density correction factors for nuclear
density equipment. Densities of the random samples will be determined by cores according to CP 44.
Density correction factors for nuclear density equipment will be determined according to CP 81.
Coring shall be performed under CDOT observation. Coring will not be measured and paid for
separately but shall be included in the work. For SMA, a CTS is not used. The Contractor shall follow
the requirements for the demonstration control strip in accordance with the Revision of Section 403,
Stone Matrix Asphalt Pavement.
May 2, 2013
1
REVISION OF SECTIONS 401 AND 412
SAFETY EDGE
Sections 401 and 412 of the Standard Specifications are hereby revised for this project as follows:
Subsection 401.10 shall include the following:
The paver shall include an approved longitudinal paver wedge system to create a sloped safety edge
as shown on the plans. The wedge system shall be attached to the screed and shall compact the
HMA to a density at least as dense as the compaction imparted to the rest of the HMA layer by the
paving screed. The system shall provide a sloped Safety Edge equal to 32 degrees plus or minus 5
degrees measured from the pavement surface cross slope extended. The use of a single plate strike
off is not permitted. The system shall be adjustable to accommodate varying paving thicknesses. The
Engineer may allow the Contractor to use handwork for short sections or to saw cut the sloped Safety
Edge after paving operations are completed in areas such as transitions at driveways, intersections,
interchanges.
The Contractor shall submit the proposed system for approval at the Preconstruction Conference.
The Engineer may require proof that the system has been used on previous projects with
acceptable results or may require a test section constructed prior to the beginning of work to
demonstrate that it creates an acceptable wedge shape and compaction. Paving shall not begin
until the system is approved in writing by the Engineer. The Safety Edge may be constructed on
each lift of HMA or on the full specified plan depth on the final lift. The finished shape of the
Safety Edge shall extend for the full depth of the asphalt pavement or for the top 5 inches
whichever is less.
Subsection 401.22 shall include the following:
All costs associated with the construction of the Safety Edge will not be paid for separately, but
shall be included in the work.
Subsection 412.07 shall include the following:
The Contractor shall use an approved longitudinal paver wedge system to create a sloped Safety
Edge. The Contractor shall modify the paver screed to create a Safety Edge that meets the final
cross-section shown on the plans. The system shall provide a sloped Safety Edge equal to 32
degrees plus or minus 5 degrees measured from the pavement surface cross slope extended.
There may be areas where it is not possible to place the Safety Edge in conjunction with mainline
paving but where the Safety Edge is required, such as transitions at driveways, intersections,
interchanges, etc. In these areas the Engineer may allow the Contractor to use handwork for
short sections or to saw cut the sloped Safety Edge after paving operations are completed.
The Contractor shall submit the proposed system for approval at the Preconstruction Conference.
The Engineer may require proof that the system has been used on previous projects with
acceptable results or may require a test section constructed prior to the beginning of work to
demonstrate that it creates an acceptable wedge shape. Paving shall not begin until the system
is approved in writing by the Engineer. The finished shape of the Safety Edge shall extend for the
full depth of the concrete pavement or for the top 5 inches whichever is less.
May 2, 2013
2
REVISION OF SECTIONS 401 AND 412
SAFETY EDGE
Subsection 412.23 shall include the following:
Concrete Safety Edge will be measured by the actual number of linear feet that are installed and
accepted.
Subsection 412.24 shall include the following:
Pay Item Pay Unit
Concrete Safety Edge Linear Foot
Payment for concrete safety edge will be full compensation for all work and materials required to
complete the item.
February 3, 2011
REVISION OF SECTION 401
TEMPERATURE SEGREGATION
Section 401 of the Standard Specifications is hereby revised for this project as follows:
In subsection 401.16 delete the twelfth (last) paragraph and replace it with the following:
The Engineer may evaluate the HMA for low density due to temperature segregation any time
industry best practices, as detailed on Form 1346, are not being followed or the Engineer suspects
temperature segregation is occurring. The Engineer will first meet with the Contractor to discuss the
paving practices that are triggering the temperature investigation. Areas across the mat, excluding
the outside 1 foot of both edges of the mat, that are more than 25 °F cooler than other material across
the width may be marked for density testing. Material for temperature comparison will be evaluated in
3-foot intervals behind the paver across the width of the mat. The material shall be marked and
tested in accordance with CP 58. If four or more areas within a lot of 500 tons have densities of less
than 93 percent of the material’s maximum specific gravity for SMA mixes or less than 92 percent of
the material’s maximum specific gravity for all other HMA mixes, a 5 percent price disincentive will be
applied to the 500 ton lot. The 500 ton count begins when the Engineer starts looking for cold areas,
not when the first cold area is detected. This price disincentive will be in addition to those described
in Sections 105 and 106. Only one area per delivered truck will be counted toward the number of low
density areas. Temperature segregation checks will be performed only in areas where continuous
paving is possible.
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 601
CONCRETE BATCHING
Section 601 of the Standard Specifications is hereby revised for this project as follows:
In subsection 601.06, delete (13) and (17) and replace with the following:
(13) Gallons of water added by truck operator, the time the water was added and the quantity of
concrete in the truck each time water is added.
(17) Water to cementitious material ratio.
February 3, 2011
REVISION OF SECTIONS 601
CONCRETE FINISHING
Section 601of the Standard Specifications are hereby revised for this project as follows:
In subsection 601.12 (a) delete the fifth paragraph and replace it with the following:
Water shall not be added to the surface of the concrete to assist in finishing operations.
Hand finishing should be minimized wherever possible. The hand finishing methods shall be
addressed in the Quality Control Plan for concrete finishing. Hand finished concrete shall be struck off
and screeded with a portable screed that is at least 2 feet longer than the maximum width of the
surface to be struck off. It shall be sufficiently rigid to retain its shape. Concrete shall be thoroughly
consolidated by hand vibrators. Hand finishing shall not be allowed after concrete has been in-place
for more than 30 minutes or when initial set has begun. Finishing tools made of aluminum shall not
be used.
The Contractor shall provide a Quality Control Plan (QCP) to ensure that proper hand finishing is
accomplished in accordance with current Industry standards. It shall identify the Contractor’s method
for ensuring that the provisions of the QCP are met. The QCP shall be submitted to the Engineer at
the Preconstruction Conference. Concrete placement shall not begin until the Engineer has approved
the QCP. The QCP shall identify and address issues affecting the quality finished concrete including
but not limited to:
(1) Timing of hand finishing operations
(2) Methodology to place and transport concrete
(3) Equipment and tools to be utilized
(4) Qualifications and training of finishers and supervisors
When the Engineer determines that any element of the approved QCP is not being implemented or
that hand finished concrete is unacceptable, work shall be suspended. The Contractor shall supply a
written plan to address improperly placed material and how to remedy future hand finishing failures
and bring the work into compliance with the QCP. The Engineer will review the plan for acceptability
prior to authorizing the resumption of operations.
In subsection 601.14(a) delete the fourth paragraph.
July 28, 2011
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
Deviation
s From
Specified
Air
(Percent)
Pay
Factor
(Percen
t)
Below
Specified
Strength
(psi)
[ < 4500 psi
Concrete]
Pay
Factor
(Percen
t)
Below
Specified
Strength
(psi)
[ ≥ 4500 psi
Concrete]
0.0-0.2 98 1-100 98 1-100
0.3-0.4 96 101-200 96 101-200
0.5-0.6 92 201-300 92 201-300
0.7-0.8 84 301-400 84 301-400
0.9-1.0 75 401-500 75 401-500
Over 1.0 Reject Over 500 Reject
65 501-600
54 601-700
42 701-800
29 801-900
15 901-1000
Reject Over 1000
January 31, 2013
REVISION OF SECTIONS 627 AND 708
PAVEMENT MARKING PAINT
Sections 627 and 708 of the Standard Specifications are hereby revised for this project as follows:
In subsection 627.04, delete the first paragraph and replace with the following:
627.04 Pavement Marking with Waterborne, Low Volatile Organic Compound (VOC) Solvent
Base, and High Build Acrylic Waterborne Paint (High Build). Striping shall be applied when the
air and pavement temperatures are no less than 45 °F for waterborne and high-build paint, and no
less than 40 °F for low VOC solvent base paint on asphalt or portland cement concrete pavements.
The pavement surface shall be dry and clean. Surface cleaning shall be required when there is
deicing material on the road. Weather conditions shall be conducive to satisfactory results.
In subsection 627.04 delete the table and replace it with the following
Description Paint
Waterborne Low VOC High Build
Alignment Lateral Deviation 2.0 inch per 200 foot Max
Coverage Rate Sq. Ft. per Gallon 90-100 90-100 67-73
Thickness Mil 16-18 16-18 22-24
Width Inches Per Plans +/- 0.25
Dry Time Minutes 5-10 5-10 5-10
Beads Application Rate, lbs/gal 7-8 9-10
Subsection 627.13 shall include the following:
Pay Item Pay Unit
Pavement Marking Paint (High Build) Gallon
Delete subsection 708.05 and replace with the following:
708.05 Pavement Marking Materials. Except for pavement marking paint, pavement marking
materials shall be selected from the Department’s Approved Products List (APL). Prior to start of
work, a Certified Test Report (CTR) for all pavement marking materials shall be submitted in
accordance with subsection 106.13.
For white paint, the color after drying shall be a flat-white, free from tint, and shall provide the
maximum amount of opacity and visibility under both daylight and artificial light. For yellow paint, the
Federal Standard 595B shall be used to designate colors and the ASTM E308 shall be used to
quantitatively define colors. After drying, the yellow paint shall visually match Federal Standard 595B
color chip number 33538, and shall be within 6 percent of central color, PR-1 Chart, where x = 0.5007
and y = 0.4555 (The four pairs of chromaticity coordinates determine the acceptable color in terms of
the CIE 1931 Standard Colorimetric System measured with Standard Illuminant D65.)
(a) Low VOC Solvent Base Paint. Low VOC Paint shall be ready mixed, and shall be capable of
being applied to Asphalt or Portland Cement Concrete Pavements.
(b) Acrylic Waterborne Paint. Acrylic waterborne paint shall be a lead-free, 100 percent Acrylic resin
polymer waterborne product. The finished product shall maintain its consistency during application
at temperatures compatible with conventional equipment.
(c) High Build Acrylic Waterborne Paint. High build acrylic waterborne paint binder (nonvolatile
portion of vehicle) shall be 100 percent HD 21 acrylic cross linking polymer, by weight, as
determined by infrared analysis or other chemical analysis available to the Department.
Waterborne and High Build Acrylic Waterborne paint shall meet the following requirements:
Performance Requirements: The paint shall be water resistant and shall show no softening or
blistering.
Table 708-1
WATERBORNE AND HIGH BUILD ACRYLIC WATERBORNE PAINT
Property White Yellow
Nonvolatile portion of vehicle (white and
yellow), % 43.0 43.0 ASTM D 2205
Pigment Composition
Percent by weight♦ 60.0 60.0 ASTM D 4451
ASTM D 3723
Paint
Titanium Dioxide Content, lb/gal 1.0 0.2 ASTM D 5381
Properties of the Finished Paint
Total Non-volatiles, (solids) % by weight 77.0 77.0
FTMS 141C - Method
4053.1,
ASTM D 2369, or ASTM D
4758
Density, lbs/gal ■ 14.0-14.6 14.0-14.6 ASTM D 2205
Consistency (Viscosity) White and Yellow,
Krebs-Stormer Units 85-95 85-95 ASTM D 562
Freeze Thaw Stability
Shall complete 5 or
more test cycles
successfully
ASTM D 2243
Fineness of Grind, Cleanliness Rating B,
minimum 3 3 ASTM D 1210
Scrub Resistance 800 800 ASTM D2486
Directional Reflectance: [5 mil Wet Film] 90 50 ASTM E 1347
Dry Opacity (Contrast Ratio): [5 mil Wet Film] 0.95 0.95 ASTM D 2805
♦Percent by weight shall include percent of organic yellow pigment.
■Density shall not vary more than 0.3 lbs. /gal between batches.
February 17, 2012
REVISION OF SECTION 630
CONSTRUCTION ZONE TRAFFIC CONTROL
Section 630 of the Standard Specifications is hereby revised for this project as follows:
In subsection 630.16 delete the fifth paragraph.
May 8, 2014
REVISION OF SECTION 630
Section 4.01 RETROREFLECTIVE SIGN SHEETING
Section 630 of the Standard Specifications is hereby revised for this project as follows:
In subsection 630.02, delete the sixth and seventh paragraphs, including Table 630-1, and replace
them with the following:
Retroreflective sheeting for all signs requiring an orange background shall be Type VI or Type
Fluorescent.
Retroreflective sheeting for all signs requiring a yellow background shall be Type Fluorescent.
SECTION 4.02
SECTION 4.03 Table 630-1
ARTICLE V. RETROREFLECTIVE
SHEETING TYPES
Sheeting
Type IV
Type VI
(Roll-up sign material)
Type Fluorescent
1
Application Work Zone Work Zone Work Zone
All Orange Construction
Signs
X
Orange Construction Signs
that are used only during
daytime hours for short term
or mobile operations
X
4
X
Barricades (Temporary) X X
Vertical Panels X X
Flaggers Stop/Slow Paddle X X
Drums
2
X X
Non-orange Fixed Support
signs with prefix “W”
X
Special Warning Signs X
STOP sign (R1-1)
YIELD sign (R1-2)
WRONG WAY sign (R5-1a)
DO NOT ENTER sign (R5-1)
EXIT sign (E5-1a)
X
DETOUR sign (M4-9) or
(M4-10)
X
All other fixed support signs
3
X X
All other signs used only
during working hours
X X
All other signs that are used
only during daytime hours for
short term or mobile
operations
X X
5 White only.
January 31, 2013
REVISION OF SECTION 630
SIGNS AND BARRICADES
Section 630 of the Standard Specifications is hereby revised for this project as follows:
In subsection 630.02, delete the second paragraph, and replace with the following:
Temporary sign support assembly shall be timber, perforated square metal tubing inserted into a
larger base post or slip base or perforated metal U-channel with a slip base. The temporary sign
support assembly shall conform to NCHRP and AASHTO requirements regarding temporary sign
supports during construction.
Subsection 630.02 shall include the following:
If a timber post is selected, it shall conform to the requirements of subsection 614.02.
October 31, 2013
REVISION OF SECTION 703
AGGREGATE FOR BASES
(WITHOUT RAP)
Section 703 of the Standard Specifications is hereby revised for this project as follows:
In subsection 703.03, delete the first paragraph and replace with the following:
703.03 Aggregate for Bases. Aggregates for bases except Aggregate Base Course (RAP) shall be
crushed stone, crushed slag, crushed gravel, natural gravel, or crushed reclaimed concrete.
Aggregate Base Course (RAP) shall be 100 percent crushed recycled asphalt pavement material. All
materials except Aggregate Base Course (RAP) shall conform to the quality requirements of
AASHTO M 147 except that the requirements for the ratio of minus 75 µm (No. 200) sieve fraction to
the minus 425 µm (No. 40) sieve fraction, stated in 3.2.2 of AASHTO M 147, shall not apply.
The requirements for the Los Angeles wear test (AASHTO T 96 & ASTM C535) shall not apply to
Class 1, 2, and 3. Aggregates for bases shall meet the grading requirements of Table 703-3 for the
class specified for the project, unless otherwise specified.
November 1, 2012
31
REVISION OF SECTION 703
AGGREGATES FOR HOT MIX ASPHALT
Section 703 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 703.04 and replace with the following:
703.04 Aggregates for Hot Mix Asphalt. Aggregates for hot mix asphalt (HMA) shall be of uniform
quality, composed of clean, hard, durable particles of crushed stone, crushed gravel, natural gravel,
or crushed slag. Excess of fine material shall be wasted before crushing. A percentage of the
aggregate retained on the 4.75 mm (No. 4) sieve for Gradings S, SX and SG— and on the 2.36 mm
(No. 8) sieve for Gradings SF and ST—shall have at least two mechanically induced fractured faces
when tested in accordance with Colorado Procedure 45. This percentage will be specified in Table
403-1, as revised for the project in Section 403. The angularity of the fine aggregate shall be a
minimum of 45.0 percent when determined according to AASHTO T 304. Grading SF mixes, when
determined by RME, may not require fine aggregate angularity of 45.0 percent. Aggregate samples
representing each aggregate stockpile shall be non-plastic if the percent of aggregate passing the
2.36 mm (No. 8) sieve is greater than or equal to 10 percent by weight of the individual aggregate
sample. Plasticity will be determined in accordance with AASHTO T 90. The material shall not
contain clay balls, vegetable matter, or other deleterious substances.
The aggregate for Gradings ST, S, SX and SG shall have a percentage of wear of 45 or less when
tested in accordance with AASHTO T 96.
Table 703-4
MASTER RANGE TABLE FOR HOT MIX ASPHALT
Sieve Size
Percent by Weight Passing Square Mesh Sieves
Grading SF** Grading ST Grading SX Grading
S Grading SG
37.5 mm
(1½″) 100
25.0 mm (1″) 100 90 – 100
19.0 mm
(¾″) 100 90 – 100
12.5 mm
(½″) 100 90 – 100 * *
9.5 mm (⅜″) 100 90 – 100 * * *
4.75 mm (#4) 90 – 100 * * * *
2.36 mm (#8) * 28 – 58 28 – 58 23 – 49 19 – 45
1.18 mm
(#16) 30 – 54
600 µm
(#30) * * * * *
300 µm
(#50)
150 µm
(#100)
75 µm
(#200) 2 – 12 2 – 10 2 – 10 2 – 8 1 – 7
* These additional Form 43 Specification Screens will initially be established using values from the As Used Gradation
shown on the Design Mix.
**SF applications are limited and the CDOT Pavement Design Manual should be referenced, prior to use.
Aggregates for stone matrix asphalt (SMA) shall be of uniform quality, composed of clean, hard,
durable particles of crushed stone, crushed gravel, or crushed slag. A minimum of 90 percent of the
particles retained on the 4.75 mm (No. 4) sieve shall have at least two mechanically induced fractured
faces when tested in accordance with Colorado Procedure 45. The particles passing the 4.75 mm
(No. 4) sieve shall be the product of crushing rock larger than 12.5 mm (½ inch) and shall be non-
plastic when tested in accordance with AASHTO T 90.
Additionally, each source of aggregate for SMA shall meet the following requirements:
(1) No more than 30 percent when tested in accordance with AASHTO T 96 Resistance to
Degradation of Small-Size Coarse Aggregate by Abrasion and Impact in the Los Angeles
Machine.
(2) No more than 12 percent when tested in accordance with AASHTO T 104 Soundness of Aggregate by Use of Sodium
Sulfate.
The aggregate for Hot Mix Asphalt (HMA) shall meet the requirements of Table 703-4A when tested
in accordance with CP-L 4211 Resistance of Coarse Aggregate to Degradation by Abrasion in the
Micro-Deval Apparatus. The Contractor shall be assessed a price reduction of $1000 for each
production sample of the combined aggregate with a value greater than 20 according to CP-L 4211.
Table 703-4A
SECTION 5.01 AGGREGATE DEGRADATION BY ABRASION
SECTION 5.02 IN THE MICRO-DEVAL CP-L 4211
Not to exceed
Combined Aggregate (Mix Design) 18
Combined Aggregate (1/10,000 tons, or fraction thereof
during production) 20
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.
October 31, 2013
REVISION OF SECTION 713
EPOXY PAVEMENT MARKING
Section 713 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 713.17 and replace with the following:
713.17 Epoxy Pavement Marking Material. Only epoxy pavement marking material that is on the
Department's Approved Products List may be used. Batches or lots of approved products will be
accepted on the project by certified test report (CTR). The CTR shall confirm that the material meets
all CDOT requirements and is the same material that was preapproved in the product evaluation
process.
(a) Formulation. Epoxy pavement marking material shall be a two component, 100 percent solids,
material formulated to provide simple volumetric mixing ratio of two volumes of component A and
one volume of component B unless otherwise recommended by the material manufacturer.
(b) Composition. The component A of both white and yellow shall be within the following limits:
Resin / Pigment Components (% by Weight)
Pigment WHITE
:
YELLOW
:
TiO2, ASTM
D476, Type II 18-25 10-17
Organic
Yellow 6-10
Epoxy Resin 75-82 73-84
The pigment for yellow epoxy shall contain no lead or other material such that the cured epoxy
could be considered a hazardous waste under EPA or CDPHE regulations. The Contractor shall
submit to the Engineer a manufacturer's certification of compliance with this requirement.
(c) Epoxide Number. The epoxy number of the epoxy resin shall be the manufacturers target value ±
50 as determined by ASTM D 1652 for white and yellow component A on pigment free basis.
(d) Amine Number. The amine number on the curing agent (component B) shall be the
manufacturers target value ± 50 per ASTM D 2071.
(e) Toxicity. Upon heating to application temperature, the material shall not produce fumes which are
toxic or injurious to persons or property.
(f) Color. The epoxy material, without drop-on beads, shall visually match the color chips that
visually correspond to the Federal Standard Number 595B for the following colors:
White - Federal Standard No. 595B-17925.
Yellow - Federal Standard No. 595B-13538.
The mixed epoxy compound, both white and yellow, when applied to 3 inch x 6 inch aluminum
panels at 20 ± 1 mil of thickness with no glass beads and exposed in the Q-panel Ultraviolet
(QUV) Environmental Testing Chamber as described in ASTM G 154, shall conform to the
following minimum requirements. The test shall be conducted for 72 hours at 122º F, 4 hours
humidity, and 4 hours U.V., in alternating cycles. The color of the coatings shall be within ± 5 units
of the Federal Standards shown above.
(g) Yellowness Index. The Yellowness Index shall be tested in accordance with ASTM E-313. The
prepared Q-panels shall be cured at 77° F for 72 hours prior to exposure. Immediately after this,
the yellow index reading QUV at XYZ C/2° shall be measured. QUV testing shall begin after this
initial measurement and shall conform to ASTM G-53. The QUV prior to testing shall not exceed
8.0. The QUV after 72-hour testing shall not exceed 20.0. The QUV after 500-hour testing shall
not exceed 35.0
(h) Drying Time. The epoxy pavement marking material shall have a setting time to a no-tracking
condition of not more than 25 minutes at a temperature of 73° F and above.
(i) Curing. The epoxy material shall be capable of fully curing under the constant surface
temperature condition of 35° F and above.
(j) Adhesion to Concrete. The catalyzed epoxy pavement marking material, when tested according
to ACI Method 503, shall have such a high degree of adhesion to the specified (4000 psi
minimum) concrete surface that there shall be a 100 percent concrete failure in the performance
of this test
(k) Hardness. The epoxy pavement marking materials, when tested according to ASTM D 2240, shall
have a minimum Shore D Hardness value of 80. Samples shall be allowed to cure at room
temperature, 75 ± 2 °F for a minimum of 72 hours and a maximum of 168 hours prior to
performing the indicated test.
(l) Abrasion Resistance. The abrasion resistance shall be evaluated on Taber Abrader with a 1000
gram load and CS-17 wheels. The duration of the test shall be 1000 cycles. The wear index shall
be calculated based on ASTM test method C-501 and the wear index for the catalyzed material
shall not be more than 80. The tests shall be run on cured samples of material which have been
applied at film thickness of 15 ± ½ mils to code S-16 stainless steel plates. The samples shall be
allowed to cure at 75 ± 2 °F for a minimum of 72 hours prior to performing the indicated tests.
(m)Tensile Strength. When tested according to ASTM D 638, the epoxy pavement marking materials
shall have a tensile strength of not less than 6000 psi. The Type IV Specimens shall be cast in a
suitable mold and pulled at the rate of ¼ inch per minute by a suitable dynamic testing machine.
The samples shall be allowed to cure at room temperature (75 ± 2 °F) for a minimum of 72 hours
and a maximum of 168 hours prior to performing the indicated tests.
(n) Compressive Strength. When tested according to ASTM D 695, the catalyzed epoxy pavement
marking materials shall have a compressive strength of not less than 12,000 psi. The cast sample
shall be conditioned at room temperature, 75 ± 2 °F, for a minimum of 72 hours and a maximum of
168 hours prior to performing the tests. The rate of compression of these samples shall be no
more than ¼ inch per minute.
February 3, 2011
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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
Article VI. 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
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AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
B. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT
SPECIFICATIONS
Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive
Order 11246)
1. As used in these Specifications:
a. “Covered area” means the geographical area described in the solicitation from which this
contract resulted;
b. “Director” means Director, Office of Federal Contract Compliance Programs, United States
Department of Labor, or any person to whom the Director delegates authority;
c. “Employer identification number” means the Federal Social Security number used on the
Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941.
d. “Minority” includes;
(i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or
other Spanish Culture or origin, regardless of race);
(iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the
Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and
(iv) American Indian or Alaskan Native (all persons having origins in any of the original
peoples of North America and maintaining identifiable tribal affiliations through
membership and participation or community identification).
2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work
involving any construction trade, it shall physically include in each subcontract in excess of
$10,000 the provisions of these specifications and the Notice which contains the applicable
goals for minority and female participation and which is set forth in the solicitations from which
this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the
U.S. Department of Labor in the covered area either individually or through an association, its
affirmative action obligations on all work in the Plan area (including goals and timetables) shall
be in accordance with that Plan for those trades which have unions participating in the Plan.
Contractors must be able to demonstrate their participation in and compliance with the
provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an
approved Plan is individually required to comply with its obligations under the EEO clause, and
to make a good faith effort to achieve each goal under the Plan in each trade in which it has
employees. The overall good faith performance by other Contractors or Subcontractor toward
a goal in an approved Plan does not excuse any covered Contractor’s or Subcontractor’s
failure to take good faith efforts to achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided in paragraphs
7a through p of these specifications. The goals set forth in the solicitation from which this
contract resulted are expressed as percentages of the total hours of employment and training
of minority and female utilization the Contractor should reasonably be able to achieve in each
construction trade in which it has employees in the covered area. Covered Construction
contractors performing construction work in geographical areas where they do not have a
Federal or federally assisted construction contract shall apply the minority and female goals
established for the geographical area where the work is being performed. Goals are published
periodically in the Federal Register in notice form, and such notices may be obtained from any
office of Federal Contract Compliance Programs Office or from Federal procurement
contracting officers. The Contractor is expected to make substantially uniform progress in
meeting its goals in each craft during the period specified.
February 3, 2011
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AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with
whom the Contractor has a collective bargaining agreement, to refer either minorities or
women shall excuse the Contractor’s obligations under these specifications, Executive Order
11246, or the regulations promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting
the goals, such apprentices and trainees must be employed by the Contractor during the
training period, and the Contractor must have made a commitment to employ the apprentices
and trainees at the completion of their training, subject to the availability of employment
opportunities. Trainees must be trained pursuant to training programs approved by the U.S.
Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity.
The evaluation of the Contractor’s compliance with these specifications shall be based upon its
effort to achieve maximum results from its actions. The Contractor shall document these
efforts fully, and shall implement affirmative action steps at least as extensive as the following;
a. Ensure and maintain a working environment free of harassment, intimidation , and coercion at
all sites, and in all facilities at which the Contractor’s employees are assigned to work. The
Contractor, where possible, will assign two or more women to each construction project.
The Contractor shall specifically ensure that all foremen, superintendents, and other on-site
supervisory personnel are aware of and carry out the Contractor’s obligation to maintain
such a working environment, with specific attention to minority or female individuals
working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources, provide
written notification to minority and female recruitment sources and to community
organizations when the Contractor or its union have employment opportunities available,
and maintain a record of the organization’s responses.
c. Maintain a current file of the names, addresses and telephone numbers of each minority and
female off-the-street applicant and minority or female referral from a union, a recruitment
source of community organization and of what action was taken with respect to each
individual. If such individual was sent to the union hiring hall for referral and was not
referred back to the Contractor by the union or, if referred, not employed by the Contractor,
this shall be documented in the file with the reason therefor, along with whatever additional
actions the Contractor may have taken.
d. Provide immediate written notification to the Director when the union with which the Contractor
has a collective bargaining agreement has not referred to the Contractor a minority person
or woman sent by the Contractor, or when he Contractor has other information that the
union referral process has impeded the Contractor’s efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the area
which expressly include minorities and women, including upgrading programs and
apprenticeship and trainee programs relevant to the Contractor’s employment needs,
especially those programs funded or approved by the Department of Labor. The
Contractor shall provide notice of these programs to the sources compiled under 7b above.
f. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and
training programs and requesting their cooperation in assisting the Contractor in meeting its
EEO obligations; by including it in any policy manual and collective bargaining agreement;
by publicizing it in the company newspaper, annual report, etc., by specific review of the
policy with all management personnel and with all minority and female employees at least
once a year, and by posting the Contractor’s EEO policy on bulletin boards accessible to all
employees at each location where construction work is performed.
February 3, 2011
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AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
g. Review, at least annually, the Contractor’s EEO policy and affirmative action obligations under
these specifications with all employees having any responsibility for hiring, assignment,
layoff, termination or other employment decisions including specific review of these items
with onsite supervisory personnel such as Superintendents, General Foreman, etc., prior to
the initiation of construction work at any job site. A written record shall be made and
maintained identifying the time and place of these meetings, persons attending, subject
matter discussed, and disposition of the subject matter.
h. Disseminate the Contractor’s EEO policy externally by including it in any advertising in the
news media, specifically including minority and female news media, and providing written
notification to and discussing the Contractors and Subcontractors with whom the Contractor
does or anticipates doing business.
i. Direct its recruitment efforts, both oral and written, to minority, female and community
organizations, to schools with minority and female students and to minority and female
recruitment and training organizations serving the Contractor’s recruitment area and
employment needs. Not later than one month prior to the date for the acceptance of
applications for apprenticeship or other training by any recruitment source, the Contractor
shall send written notification to organizations such as the above, describing the openings,
screening procedures, and tests to be used in the selection process.
j. Encourage present minority and female employees to recruit other minority persons and
women and, where reasonable, provide after school, summer and vacation employment to
minority and female youth both on the site and in other areas of a Contractor’s workforce.
k. Validate all tests and other selection requirements where there is an obligation to do so under
41 CFR Part 60-3.
l. Conduct, at least annually, an inventory and evaluation at least of all minority and female
personnel for promotional opportunities and encourage these employees to seek or to
prepare for, through appropriate training, etc. such opportunities.
m. Ensure that seniority practices, job classifications, work assignments and other personnel
practices, do not have a discriminatory effect by continually monitoring all personnel and
employment related activities to ensure that the EEO policy and the Contractor’s
obligations under these specifications are being carried out.
n. Ensure that all facilities and Contractor’s activities are nonsegregated except that separate or
single-user toilet and necessary changing facilities shall be provided to assure privacy
between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and
female construction contractors and suppliers, including circulation of solicitations to
minority and female contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisor’s adherence to and performance under
the Contractor’s EEO policies and affirmative action obligation.
February 3, 2011
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AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or
more of their affirmative action obligations (7a through p). The efforts of a contractor
association, joint contractor-union contractor-community, or other similar group of which the
Contractor is a member and participant, may be asserted as fulfilling any one or more of its
obligations under 7a through p of these specifications provided that the Contractor actively
participates in the group, makes every effort to assure that the group has a positive impact on
the employment of minorities and women in the industry, ensures that the concrete benefits of
the program are reflected in the Contractor’s minority and female workforce participation,
makes a good faith effort to meet its individual goal and timetables, and can provide access to
documentation which demonstrates the effectiveness of actions taken on behalf of the
Contractor. The obligation to comply, however, is the Contractor’s and failure of such a group
to fulfill an obligation shall not be a defense for the Contractor’s noncompliance.
9. A single goal for minorities and a separate single goal for women have been established. The
Contractor, however, is required to provide equal employment opportunity and to take
affirmative action for all minority groups, both male and female, and all women, both minority
and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a
particular group is employed in a substantially disparate manner (for example, even thought
the Contractor has achieved its goals for women generally, the Contractor may be in violation
of the Executive Order if a specific minority group of women is underutilized).
10. The Contractor shall not use the goals and timetables or affirmative action standards to
discriminate against any person because of race, color, religion, sex, or national origin.
11. The Contractor shall not enter into any Subcontract with any person or firm debarred from
Government contracts pursuant to Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties for violation of these specifications
and of the Equal Opportunity Clause, including suspension, termination and cancellation of
existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as
amended, and its implementing regulations, by the Office of Federal Contract Compliance
Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in
violation of these specifications and Executive Order 11246, as amended.
13 The Contractor in fulfilling its obligations under these specifications, shall implement specific
affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of
these specifications, so as to achieve maximum results from its efforts to ensure equal
employment opportunity. If the Contractor fails to comply with the requirements of the
Executive Order, the implementing regulations, or these specifications, the Director shall
proceed in accordance with 41 CFR 60-4.8.
14. The Contractor shall designate a responsible official to monitor all employment related activity to
ensure that the company EEO policy is being carried out, to submit reports relating to the
provisions hereof as may be required by the Government and to keep records. Records shall
at least include for each employee the name, address, telephone numbers, construction trade,
union affiliation if any, employee identification number when assigned, social security number,
race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in
status, hours worked per week in the indicated trade, rate of pay, and locations at which the
work was performed. Records shall be maintained in an easily understandable and retrievable
form, however, to the degree that existing records satisfy this requirement, contractors shall
not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws which
establish different standards of compliance or upon application of requirements for the hiring of
local or other area residents (e.g., those under the Public Works Employment Act of 1977 and
the Community Development Block Grant Program).
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
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AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
(2) All new supervisory or personnel office employees will be given a thorough indoctrination
by the EEO Officer or other knowledgeable company official, covering all major aspects
of the Contractor’s equal employment opportunity obligations within thirty days following
their reporting for duty with the Contractor.
(3) All personnel who are engaged in direct recruitment for the project will be instructed by the
EEO Officer or appropriate company official in the Contractor’s procedures for locating
and hiring minority group employees.
b. In order to make the Contractor’s equal employment opportunity policy known to all
employees, prospective employees and potential sources of employees, i.e., schools,
employment agencies, labor unions (where appropriate), college placement officers, etc.,
the Contractor will take the following actions:
(1) Notices and posters setting forth the Contractor’s equal employment opportunity policy
will be placed in areas readily accessible to employees, applicants for employment
and potential employees.
.
(2) The Contractor’s equal employment opportunity policy and the procedures to implement
such policy will be brought to the attention of employees by means of meetings,
employee handbooks, or other appropriate means.
5. Recruitment.
a. When advertising for employees, the Contractor will include in all advertisements for
employees the notation; “An Equal Opportunity Employer.” All such advertisements will
be published in newspapers or other publications having a large circulation among
minority groups in the area from which the project work force would normally be derived.
b. The Contractor will, unless precluded by a valid bargaining agreement, conduct systematic
and direct recruitment through public and private employee referral sources likely to
yield qualified minority group applicants, including, but not limited to, State employment
agencies, schools, colleges and minority group organizations. To meet this
requirement, the Contractor will, through his EEO Officer, identify sources of potential
minority group employees, and establish with such identified sources procedures
whereby minority group applicants may be referred to the Contractor for employment
consideration.
In the event the Contractor has a valid bargaining agreement providing for exclusive hiring
hall referrals, he is expected to observe the provisions of that agreement to the extent
that the system permits the Contractor’s compliance with equal employment opportunity
contract provisions. (The U.S. Department of Labor has held that where implementation
of such agreements have the effect of discriminating against minorities or women, or
obligates the Contractor to do the same, such implementation violates Executive Order
11246, as amended.)
c. The Contractor will encourage his present employees to refer minority group applicants for
employment by posting appropriate notices or bulletins in areas accessible to all such
employees. In addition, information and procedures with regard to referring minority
group applicants will be discussed with employees.
`6. Personnel Actions. Wages, working conditions, and employee benefits shall be established
and administered, and personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race,
color, religion, sex, or national origin. The following procedures shall be followed;
a. The Contractor will conduct periodic inspections of project sites to insure that working
conditions and employee facilities do not indicate discriminatory treatment of project site
personnel.
February 3, 2011
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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
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AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
d. In the event the union is unable to provide the Contractor with a reasonable flow of minority
and women referrals within he time limit set forth in the collective bargaining agreement,
the Contractor will, through independent recruitment efforts, fill the employment vacancies
without regard to race, color, religion , sex or national origin; making full efforts to obtain
qualified and/or qualifiable minority group persons and women. (The U.S. Department of
Labor has held that it shall be no excuse that the union with which the Contractor has a
collective bargaining agreement providing for exclusive referral failed to refer minority
employees.) In the event the union referral practice prevents the Contractor from meeting
the obligations pursuant to Executive Order 11246, as amended, and these special
provisions, such Contractor shall immediately notify the State highway agency.
9. Subcontracting.
a. The Contractor will use his best efforts to solicit bids from and to utilize minority group
subcontractors or subcontractors with meaningful minority group and female representation
among their employees. Contractors shall obtain lists of minority-owned construction firms
from State highway agency personnel.
b. The Contractor will use his best efforts to ensure subcontractor compliance with their equal
employment opportunity obligations.
10. Records and Reports.
a. The Contractor will keep such records as are necessary to determine compliance with the
Contractor’s equal employment opportunity obligations. The records kept by the Contractor
will be designed to indicate:
(1) The number of minority and nonminority group members and women employed in each
work classification on the project.
(2) The Progress and efforts being made in cooperation with unions to increase employment
opportunities for minorities and women (applicable only to contractors who rely in whole
or in part on unions as a source of their work force).
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading
minority and female employees, and
(4) The progress and efforts being made in securing the services of minority group
subcontractors or subcontractors with meaningful minority and female representation
among their employees.
b. All such records must be retained for a period of three years following completion of the
contract work and shall be available at reasonable times and places for inspection by
authorized representatives of the State highway agency and the Federal Highway
Administration.
c. The Contractors will submit an annual report to the State highway agency each July for the
duration of the project, indicating the number of minority, women, and non-minority group
employees currently engaged in each work classification required by the contract work.
This information is to be reported on Form PR 1391.
City of
Engineering
fcgov.com/engineering
J-U-B ENGINEERS, INC.
Fort Collins, CO 80525
3538 JFK Parkway
Fax: 970.377.3935
Phone: 970.377.3602
Suite #1
’
“ ” –
’
THE CITY OF FORT COLLINS WILL PERFORM THIS WORK.
’
’
—
’
“ ”
•
•
•
GENERAL NOTES
N/A
N/A
N/A
N/A
N/A
N/A
N/A
FLOODPLAIN / FLOODWAY NOTES
N/A
N/A
N/A
City of
Engineering
fcgov.com/engineering
J-U-B ENGINEERS, INC.
Fort Collins, CO 80525
3538 JFK Parkway
Fax: 970.377.3935
Phone: 970.377.3602
Suite #1
“ ”
“
” “ ”
CONSTRUCTION NOTES
N/A
N/A
N/A
N/A
City of
Engineering
fcgov.com/engineering
J-U-B ENGINEERS, INC.
Fort Collins, CO 80525
3538 JFK Parkway
Fax: 970.377.3935
Phone: 970.377.3602
Suite #1
ABBREVIATIONS
SURVEY
SITE
UTILITIES
COMMUNICATION
DOMESTIC WATER
ELECTRIC
IRRIGATION
NATURAL GAS
SANITARY SEWER
STORM DRAIN
ROADWAY
EXISTING
SYMBOL
SYMBOL
DESCRIPTION
PROPOSED
SYMBOL
EXISTING
SYMBOL
SYMBOL
DESCRIPTION
PROPOSED
SYMBOL
STORM DRAIN
SANITARY SEWER
WATER
IRRIGATION
GAS
BOUNDARY
SITE
ROADWAY
POWER / COMMUNICATIONS
EXISTING
LINE
LINE
DESCRIPTION
PROPOSED
LINE
EXISTING
LINE
LINE
DESCRIPTION
PROPOSED
LINE
X
DT-90X
DETAIL CALLOUT
>>(%(+.'5>27$.+%>241,'%65>,7$>(146A%1..+05>ÄÄA#46*74A&+6%*>%#&>5*''6>ÄÄA)ÄA%#0;10&9)
2NQV&CVG 2/2NQVVGF$[ .KPFUG[,QPGU
&CVG%TGCVGF
City of
Engineering
fcgov.com/engineering
J-U-B ENGINEERS, INC.
Fort Collins, CO 80525
3538 JFK Parkway
Fax: 970.377.3935
Phone: 970.377.3602
Suite #1
SUMMARY OF APPROXIMATE QUANTITIES
ITEM
NO.
SECTION
NO. CONTRACT ITEM UNIT PLAN
AS
CONST.
1 201 Clearing and Grubbing LS 1
2 202 Removal of Portions of Structures (RCB) LF 312
3 202 Removal of Tree (4 inch or larger) EACH 0
4 202 Removal of Inlet EACH 2
5 202 Removal of Pipe LF 21
6 202 Removal of Curb and Gutter LF 637
7 202 Removal of Concrete (4"-8") SY 237
8 202 Removal of Asphalt Mat (6"-9") SY 1,068
9 202 Removal of Asphalt Mat (Planing) (less than 3") SY 506
10 203 Removal of Asphalt Mat (Planing) (3"-7.5") SY 600
11 202 Removal of Wall LF 92
12 202 Removal of Bollard EACH 2
13 202 Removal of Fence LF 0
14 202 Removal of Posts (Including Attached Chain) EACH 12
15 202 Removal of Sandstone Sidewalk SY 0
16 203 Potholing HOUR 16
17 203 Unclassified Excavation CY 0
18 203 Embankment CY 14
19 203 Muck Excavation CY 10
20 206 Structure Excavation CY 841
21 206 Structural Backfill (Class 1) CY 336
22 206 Filter Material (Class A) CY 148
23 207 Topsoil CY 20
24 208 Silt Fence LF 193
25 208 Erosion Control Supervisor HR 40
26 208 Aggregate Bags LF 86
27 208 Stabalized Construction Entrance EACH 1
28 208 Concrete Washout Structure EACH 1
29 208 Storm Drain Inlet Protection (Type II) EACH 7
30 210 Remove & Stockpile Modular Wall LF 34
31 210 Reset Sandstone Sidewalk SY 0
32 210 Adjust Manhole EACH 2
33 210 Adjust Valve Box EACH 0
34 210 Reset Fence LF 0
35 211 Dewatering LS 1
36 212 Seeding (Lawn) SF 0
37 212 Sod SF 1,560
38 212 Soil Conditioning SF 0
39 212 Tree Retention and Protection EACH 0
40 212 Tree Retention and Protection EACH 0
41 213 Mulching (Wood Chip) SF 0
CANYON AVE.
>>(%(+.'5>27$.+%>241,'%65>,7$>(146A%1..+05>ÄÄA#46*74A&+6%*>%#&>5*''6>ÄÄA)ÄA%#0;10&9)
2NQV&CVG 2/2NQVVGF$[ .KPFUG[,QPGU
&CVG%TGCVGF
City of
Engineering
fcgov.com/engineering
J-U-B ENGINEERS, INC.
Fort Collins, CO 80525
3538 JFK Parkway
Fax: 970.377.3935
Phone: 970.377.3602
Suite #1
TABULATION OF REMOVALS
LOCATION REMOVAL
OF TREE
REMOVAL
OF INLET
REMOVAL
OF PIPE
REMOVAL OF
CONCRETE
(4"-8")
REMOVAL OF
CURB & GUTTER
REMOVAL OF
ASPHALT MAT
(6"-9")
REMOVAL OF
ASPHALT MAT
(PLANING)
(LESS THAN 3")
REMOVAL OF
ASPHALT MAT
(PLANING)
(3"-7.5")
REMOVAL OF
PORTIONS OF
STRUCTURES
(RCB)
EACH EACH LF SY LF SY SY SY LF
CANYON 0 2 21 237 611 1,043 506 600 312
MULBERRY 0 0 0 0 26 25 0 0 0
TOTAL 0 2 21 237 637 1,068 506 600 312
TABULATION OF ADJUSTMENTS
STATION OFFSET
SIDE
ADJUST WATER
VALVE BOX
ADJUST
MANHOLE NOTES
EACH EACH
CANYON
11+18.75 L 1 SANITARY
12+63.33 L 1 SANITARY
TOTALS 0 2
TABULATION OF SURFACING MATERIAL
LOCATION
AGGREGATE
BASE COURSE
City of
Engineering
fcgov.com/engineering
J-U-B ENGINEERS, INC.
Fort Collins, CO 80525
3538 JFK Parkway
Fax: 970.377.3935
Phone: 970.377.3602
Suite #1
KEYED NOTES
1 TYPICAL SCALE: SECTION - DUAL PRECAST 9' x 2.5' BOX CULVERT
N.T.S. ARTHUR DITCH STA. 20+00-22+96.69(±)
COMPOSITE SECTION A
MULBERRY POOL PARKING LOT
NOTES
COMPOSITE SECTION B
CANYON AVE.
COMPOSITE SECTION C
MULBERRY STREET
SECTION D - MILL & OVERLAY
2 LIMITS SCALE: OF STRUCTURE EXCAVATION
N.T.S.
CANYON AVE.
W. MULBERRY ST.
SURVEY CONTROL
POINT # NORTHING EASTING ELEVATION STATION OFFSET DESCRIPTION
City of
Engineering
fcgov.com/engineering
J-U-B ENGINEERS, INC.
Fort Collins, CO 80525
3538 JFK Parkway
Fax: 970.377.3935
Phone: 970.377.3602
Suite #1
N
0 20 40
SCALE IN FEET
40 SCALE ON 11X17 PLAN
PROJECT BENCHMARKS
CANYON AVE.
W. MULBERRY ST.
City of
Engineering
fcgov.com/engineering
J-U-B ENGINEERS, INC.
Fort Collins, CO 80525
3538 JFK Parkway
Fax: 970.377.3935
Phone: 970.377.3602
Suite #1
N
0 20 40
SCALE IN FEET
40 SCALE ON 11X17 PLAN
KEY NOTES
LEGEND
NOTES
G-007
1
CANYON AVE.
W. MULBERRY ST.
7
S-506
City of
Engineering
fcgov.com/engineering
J-U-B ENGINEERS, INC.
Fort Collins, CO 80525
3538 JFK Parkway
Fax: 970.377.3935
Phone: 970.377.3602
Suite #1
0 20
0
SCALE IN FEET
VERT
HORZ 40
5 10
40 SCALE ON 11X17 PLAN
KEY NOTES
LEGEND
NOTES
City of
Engineering
fcgov.com/engineering
J-U-B ENGINEERS, INC.
Fort Collins, CO 80525
3538 JFK Parkway
Fax: 970.377.3935
Phone: 970.377.3602
Suite #1
CANYON AVE.
CENTERLINE PROFILE
CANYON AVE.
NORTH FLOWLINE PROFILE
CANYON AVE.
SOUTH FLOWLINE PROFILE
0 20
0
SCALE IN FEET
VERT
HORZ 40
5 10
40 SCALE ON 11X17 PLAN
CANYON AVE.
W. MULBERRY ST.
POINT TABLE
POINT # DESC ELEV STATION OFFSET
POINT TABLE
POINT # DESC ELEV STATION OFFSET
POINT TABLE
POINT # DESC ELEV STATION OFFSET
City of
Engineering
fcgov.com/engineering
J-U-B ENGINEERS, INC.
Fort Collins, CO 80525
3538 JFK Parkway
Fax: 970.377.3935
Phone: 970.377.3602
Suite #1
N
0 20 40
SCALE IN FEET
LEGEND
CANYON AVE.
4995
5000
5005
4995
5000
5005
11+00 10+00 9+50
4995
5000
5005
4995
5000
5005
21+00 20+00 19+50
N
CALL UTILITY NOTIFICATION
CENTER OF COLORADO
CALL 2 BUSINESS DAYS IN ADVANCE
BEFORE YOU DIG, GRADE, OR EXCAVATE
FOR THE MARKING OF UNDERGROUND
MEMBER UTILITIES.
City of
Engineering
fcgov.com/engineering
J-U-B ENGINEERS, INC.
Fort Collins, CO 80525
3538 JFK Parkway
Fax: 970.377.3935
Phone: 970.377.3602
Suite #1
0 20 40 60
SCALE IN FEET
0 5 10
SCALE IN FEET
0 20 40
VERT.
HORIZ.
0 5 10
SCALE IN FEET
0 20 40
VERT.
HORIZ.
20 SCALE 22X34 (40 SCALE 11X17)
City of
Engineering
fcgov.com/engineering
J-U-B ENGINEERS, INC.
Fort Collins, CO 80525
3538 JFK Parkway
Fax: 970.377.3935
Phone: 970.377.3602
Suite #1
A TYPICAL SCALE: SECTION - DUAL PRECAST 9' x 2.5' BOX CULVERT
N.T.S.
1 TYPICAL SCALE: JOINT FOR PRECAST SEGMENTS
N.T.S.
NOTES
2 LIFTING SCALE: DETAIL
N.T.S.
4'' SS
4'' SS
CANYON AVE.
W. MULBERRY ST.
CAMP TIMBERLINE
430 CANYON AVE.
MULBERRY POOL
AGGIE LIQUORS
429 CANYON AVE.
PRIMERICA FINANCIAL SERVICES
419 CANYON AVE.
∅
∅
∅
4990
4995
5000
5005
4990
4995
5000
5005
24+50 24+00 23+00 22+00 21+00 20+00 19+50
N
CALL UTILITY NOTIFICATION
CENTER OF COLORADO
CALL 2 BUSINESS DAYS IN ADVANCE
BEFORE YOU DIG, GRADE, OR EXCAVATE
FOR THE MARKING OF UNDERGROUND
MEMBER UTILITIES.
City of
Engineering
fcgov.com/engineering
J-U-B ENGINEERS, INC.
Fort Collins, CO 80525
3538 JFK Parkway
Fax: 970.377.3935
Phone: 970.377.3602
Suite #1
0 30 60 90
SCALE IN FEET
0 3 6
SCALE IN FEET
0 30 60
VERT.
HORIZ.
30 SCALE 22X34 (60 SCALE 11X17)
S-503
A
S-504
D
S-504
C
2
S-507
S-503
B
S-504
E
S-504
D
City of
Engineering
fcgov.com/engineering
J-U-B ENGINEERS, INC.
Fort Collins, CO 80525
3538 JFK Parkway
Fax: 970.377.3935
Phone: 970.377.3602
Suite #1
B TRANSITION SCALE: SECTION (DOWNSTREAM)
N.T.S.
KEY NOTES
NOTES
A TRANSITION SCALE: SECTION (UPSTREAM)
N.T.S.
1 TRANSITION SCALE: PLAN (UPSTREAM)
N.T.S.
2 TRANSITION SCALE: PLAN (DOWNSTREAM)
N.T.S.
City of
Engineering
fcgov.com/engineering
J-U-B ENGINEERS, INC.
Fort Collins, CO 80525
3538 JFK Parkway
Fax: 970.377.3935
Phone: 970.377.3602
Suite #1
C TRANSITION SCALE: SECTION
N.T.S.
D TRANSITION SCALE: SECTION
N.T.S.
E TRANSITION SCALE: SECTION
N.T.S.
NOTE
S-505
1
City of
Engineering
fcgov.com/engineering
J-U-B ENGINEERS, INC.
Fort Collins, CO 80525
3538 JFK Parkway
Fax: 970.377.3935
Phone: 970.377.3602
Suite #1
A SECTION SCALE: - CONNECTION TO EXISTING CBC
N.T.S.
1 SECTION SCALE: DETAIL
N.T.S.
KEY NOTES
SIZE A B C D E F
3
S-506
City of
Engineering
fcgov.com/engineering
J-U-B ENGINEERS, INC.
Fort Collins, CO 80525
3538 JFK Parkway
Fax: 970.377.3935
Phone: 970.377.3602
Suite #1
2 CONSTRUCTION SCALE: JOINT DETAIL
N.T.S. 3 CONTROL SCALE: JOINT SEALANT DETAIL
N.T.S.
4 WATERSTOP SCALE: AT WALL & FOOTING CONSTRUCTION JOINT DETAIL
N.T.S.
6 PVC SCALE: WATERSTOP DETAIL
N.T.S.
5 MANHOLE SCALE: ACCESS SECTION
N.T.S.
7 TYPICAL SCALE: PERIMETER WALL DETAIL
N.T.S.
MANHOLE OPENING
PIPE OPENING
TYPICAL LAP SPLICE LENGTHS FOR EPOXY
COATED BARS PER AASHTO
TYPICAL HOOK DIMENSIONS
BAR
SIZE D
180° HOOKS 90°
HOOKS
A or G J A or G
90° HOOKS
180° HOOKS
City of
Engineering
fcgov.com/engineering
J-U-B ENGINEERS, INC.
Fort Collins, CO 80525
3538 JFK Parkway
Fax: 970.377.3935
Phone: 970.377.3602
Suite #1
1 OPENING SCALE: REINFORCEMENT DETAILS
N.T.S.
3 TYPICAL SCALE: REBAR LAP SPLICE SCHEDULE
N.T.S. 4 TYPICAL SCALE: REBAR HOOK DETAILS
N.T.S.
2 CORNER SCALE: REINFORCEMENT DETAIL FOR CONCRETE WALLS
N.T.S.
CANYON AVE.
S-508
A
MULBERRY ST.
S-508
B
City of
Engineering
fcgov.com/engineering
J-U-B ENGINEERS, INC.
Fort Collins, CO 80525
3538 JFK Parkway
Fax: 970.377.3935
Phone: 970.377.3602
Suite #1
0 10 20
SCALE IN FEET
N
B BOX SCALE: SECTION
N.T.S.
A BOX SCALE: SECTION
N.T.S.
LEGEND
“ ”
“ ”
POTENTIAL POLLUTANT SOURCES MEANS OF CONTROL
DISTURBED AND STORED SOILS
City of
Engineering
fcgov.com/engineering
J-U-B ENGINEERS, INC.
Fort Collins, CO 80525
3538 JFK Parkway
Fax: 970.377.3935
Phone: 970.377.3602
Suite #1
“ ”
City of
Engineering
fcgov.com/engineering
J-U-B ENGINEERS, INC.
Fort Collins, CO 80525
3538 JFK Parkway
Fax: 970.377.3935
Phone: 970.377.3602
Suite #1
Common Name Botanical Name Variety Percent of Mix #PLS/Acre
Pay Item Description Pay Unit *Quantity
208 Aggregate Bags LF 86
208 Silt Fence LF 193
208 Storm Drain Inlet Protection (Type II) Each 7
208 Concrete Washout Structure Each 1
208 Stabilized Construction Entrance Each 1
208 Erosion Control Supervisor Hour 40
212 Sod SF 1,560
607 Fence (Plastic) LF 475
700 Erosion Control FA 1
City of
Engineering
fcgov.com/engineering
J-U-B ENGINEERS, INC.
Fort Collins, CO 80525
3538 JFK Parkway
Fax: 970.377.3935
Phone: 970.377.3602
Suite #1
City of
Engineering
fcgov.com/engineering
J-U-B ENGINEERS, INC.
Fort Collins, CO 80525
3538 JFK Parkway
Fax: 970.377.3935
Phone: 970.377.3602
Suite #1
0 20 40
SCALE IN FEET
LEGEND:
NOTES:
S. WHITCOMB ST.
CANYON AVE.
STAGING AREA
CANYON AVE.
AHEAD
WORK
ROAD
W. MULBERRY ST.
AHEAD
WORK
ROAD
15 MPH
15 MPH
AHEAD
WORK
ROAD
15 MPH
City of
Engineering
fcgov.com/engineering
J-U-B ENGINEERS, INC.
Fort Collins, CO 80525
3538 JFK Parkway
Fax: 970.377.3935
Phone: 970.377.3602
Suite #1
N
0 20 40
SCALE IN FEET
LEGEND
PHASE I CONSTRUCTION
• DETOUR TRAFFIC TO NORTH LANES OF CANYON AVENUE
• INSTALL TEMPORARY FENCE AROUND STAGING AREA
WITHIN PARKING LOT
• CLOSE NORTH SHOULDER OR LANE OF MULBERRY
STREET AS NEEDED
• COMPLETE REMOVALS
• INSTALL BOX CULVERT PRECAST SECTIONS
• CONSTRUCT SOUTH CLOSURE BOX POUR
• INSTALL SOUTH INLET AND STORM DRAIN
• INSTALL CURB & GUTTER AND SIDEWALKS ON SOUTH
• INSTALL TEMPORARY PAVEMENT SOUTH SIDE OF CANYON
AVENUE
S. WHITCOMB ST.
CANYON AVE.
CANYON AVE.
AHEAD
WORK
ROAD
15 MPH
AHEAD
WORK
ROAD
15 MPH
City of
Engineering
fcgov.com/engineering
N
0 20 40
SCALE IN FEET
PHASE II CONSTRUCTION LEGEND
• DETOUR TRAFFIC TO SOUTH LANES
• REMOVE EXISTING BOX CULVERT WITHIN
WORK AREA SHOWN ON PLAN
• INSTALL NORTH INLET AND STORM DRAIN
• SET PRE-CAST CULVERT UNITS
• CONSTRUCT UPSTREAM TRANSITION
(CAST-IN-PLACE CONSTRUCTION)
• INSTALL CURB & GUTTER, AND SIDEWALK
PHASE III (NOT SHOWN)
• CLOSE CANYON AVE.
• MILLING AND ASPHALT PAVEMENT
REMOVAL ON CANYON AVE.
• PAVE CANYON AVE. AND PARKING LOT
J-U-B ENGINEERS, INC.
Fort Collins, CO 80525
3538 JFK Parkway
Fax: 970.377.3935
Phone: 970.377.3602
Suite #1
CANYON AVE.
100-YEAR MODERATE
RISK FLOODPLAIN
100-YEAR MODERATE
RISK FLOODPLAIN
MULBERRY STREET
FG FLOODPLAIN CROSS SECTIONS
POINT # NORTHING EASTING DESC. ELEV.
EG FLOODPLAIN CROSS SECTIONS
POINT # NORTHING EASTING DESC. ELEV.
City of
Engineering
fcgov.com/engineering
J-U-B ENGINEERS, INC.
Fort Collins, CO 80525
3538 JFK Parkway
Fax: 970.377.3935
Phone: 970.377.3602
Suite #1
N
0 20 40
SCALE IN FEET
City of
Engineering
fcgov.com/engineering
J-U-B ENGINEERS, INC.
Fort Collins, CO 80525
3538 JFK Parkway
Fax: 970.377.3935
Phone: 970.377.3602
Suite #1
6"
2"R.
2"
6" 6"
12"
1 1/2"R.
2'-6"
6"
4 1/2"
30"
9"
R 0.5"
4.5"
18"
3.63"
21.75"
R 0.13"
7"
2"
3.75"
12"
ROLL-OVER
VERTICAL
(LOVELAND)
1 1/2"R.
1'-6"
2" R.
4-1/2"
OUT FALL CURB & GUTTER
6"
1'-0"
a.) Bottom of curb shall be poured to a depth no less than on the compacted subgrade of the pavement.
6" 6"
6"
1'-6"
18"
10" 8"
ROADWAY
PAVEMENT
FL F L
1 1/4"
1/8" TO 1/4"R.
CONCRETE PAVEMENT
1 1/2"
3"
ASPHALT OR
6"
1 1/2"R.
1 1/2"
3 1/2" 3"
1"R.
6" 4"
1/8" TO 1/4"R.
6" w/concrete pavement
8" w/asphalt
*
*
6"
CANYON AVE
City of
Engineering
fcgov.com/engineering
J-U-B ENGINEERS, INC.
Fort Collins, CO 80525
3538 JFK Parkway
Fax: 970.377.3935
Phone: 970.377.3602
Suite #1
0 10 20
SCALE IN FEET
10 SCALE ON 11X17 PLAN
SCALE:
NORTHWEST CORNER
1" = 10'
NORTHWEST CORNER SITE IMAGE
KEY NOTES
LEGEND
City of
Engineering
fcgov.com/engineering
J-U-B ENGINEERS, INC.
Fort Collins, CO 80525
3538 JFK Parkway
Fax: 970.377.3935
Phone: 970.377.3602
Suite #1
0 20
0
SCALE IN FEET
VERT
HORZ 40
5 10
1-1/2"
b.) Raised center medians shall be 8" barrier curb or 8" epoxy curb only.
Notes:
REVEAL
(FORT COLLINS ONLY)
1-1/2" TO
X=2' min. Driveway Width Varies
2'-0"
6"
Attached
Sidewalk
Lip
FL
Back of curb
Right of Way line
Detached
Right of Way Line
Detached
Sidewalk
1:24 (max.)
NOTE:
1. Concrete driveway must be
provided to the property line.
Refer to Chapter 25 for minimum removal dimensions.
X
Y
W
X
Y
W = Width
1:12 (max.)
Property Line
t
1/4" PER FT.
N.T.S.
SECTION A-A 2"
t
1:12 (max.)
t
X = Curb Transition Length
Y = Parkway Width in Type I Approach
W = Driveway Width (See Drawing 707)
t = Concrete Thickness - minimum 6"
Type I = With Detached Sidewalk
Type II = With Attached Sidewalk
TYPE I TYPE II
1:12 (max.) 1:48
A
A
PERSPECTIVE
X=6'-0"
1:48 SLOPE
B
B
WALK
Y
t
WALK
SECTION B-B
N.T.S.
Ramp if necessary
1:12
max.
Expansion joint if drive
continues as concrete
WALK
6"
>>(%(+.'5>27$.+%>241,'%65>,7$>(146A%1..+05>ÄÄA#46*74A&+6%*>%#&>5*''6>ÄÄA&6ÄA%#0;10&9)
2NQV&CVG 2/ 2NQVVGF$[ .KPFUG[,QPGU
&CVG%TGCVGF
City of
Engineering
fcgov.com/engineering
J-U-B ENGINEERS, INC.
Fort Collins, CO 80525
3538 JFK Parkway
Fax: 970.377.3935
Phone: 970.377.3602
Suite #1
SCALE:
SIDEWALK DETAIL
N.T.S.
(CLASS 6)
AGGREGATE
BASE COURSE
(CLASS 6)
HOT MIX ASPHALT
(GRADING S) (75)
(PG 64-22)
HOT MIX ASPHALT
(GRADING S) (75)
(PG 64-22)
HOT MIX ASPHALT
(GRADING SX) (75)
(PG 64-22)
6 INCH 15 INCH 2 INCH 3 INCH 2 INCH
TON TON TON TON TON
CANYON AVE. 84.0 0.0 75.0 0.0 168.0
PARKING LOT 0.0 0.0 0.0 129.0 0.0
MULBERRY 0.0 19.0 3.0 9.0 0.0
TOTALS 84.0 19.0 78.0 138.0 168.0
TABULATION OF CURB & GUTTER AND CONCRETE WORK
LOCATION
CONCRETE
SIDEWALK
(6IN)
CONCRETE
DRIVEWAYS
(6IN)
CONCRETE
CURB RAMP
CURB &
GUTTER
(INFALL)
CURB & GUTTER
(OUTFALL)
CURB TYPE 2
(SECTION B) NOTES
SY SY SY LF LF LF
CANYON 76 38 0 390 0 0
PARKING LOT 55 0 0 40 151 0
MULBERRY 31 0 0 30 0 0
TOTALS 162 38 0 460 151 0
TABULATION OF DRAINAGE & IRRIGATION
ITEM
9' X 2.5'
CONCRETE BOX
CULVERT (4 SIDED)
(PRECAST)
CONCRETE
CLASS D
(RCB)
REINFORCING
STEEL
(EPOXY)
MANHOLE
RING &
COVER
(30IN)
MANHOLE
RING &
COVER (36IN)
INLET SPECIAL
(3' COMBINATION)
15 IN
RCP
(CIP)
LF CY LB EA EA EA LF
CANYON 582 44 12,837 2 1 2 119
TOTALS 582 44 12,837 2 1 2 119
SCHEDULE OF CONSTRUCTION TRAFFIC
CONTROL DEVICES
SIGNS
SIGN CODE LEGEND DIMENSION
PANEL SIZE
A B C SPECIAL
EA EA EA SF
CANYON
W4-2(R) RIGHT LANE ENDS 36"X36" 2 0 0 0
W4-2(L) LEFT LANE ENDS 36"X36" 1 0 0 0
W13-1P 15 MPH 18"X18" 3 0 0 0
W20-1 ROAD WORK AHEAD 36"X36" 3 0 0 0
R9-9 SIDEWALK CLOSED 48"X30" 0 8 0 0
TOTALS 9 8 0 0
OTHER DEVICES
ITEM CANYON
BARRICADE (TYPE 3 M-A) (TEMPORARY) (EACH) 4
CONCRETE BARRIER (TEMPORARY) (LF) 132
EARTHWORK TABULATION
MATERIAL CANYON
UNCLASSIFIED EXCAVATION (CY) 0
MUCK EXCAVATION (CY) 10
EMBANKMENT (CY) 14
STRUCTURE EXCAVATION (CY) 841
STRUCTURAL BACKFILL (CY) 336
TOPSOIL (CY) 41
LEGEND
N
0 20 40
SCALE IN FEET
42 213 Landscape Boarder (Timber Treated) (8' long) EACH 8
43 216 Soil Retention Blanket (Coconut) SY 0
44 304 Aggregate Base Course (Class 6) TON 103
45 304 Aggregate Base Course (Special) (3"-4" Cobble) CY 8
46 403 Hot Mix Asphalt (Grading S) (75) (PG 64-22) TON 216
47 403 Hot Mix Asphalt (Grading SX) (75) (PG 64-22) TON 168
48 403 Hot Mix Asphalt (Temporary) TON 29
49 515 Waterproofing Membrane SY 195
50 601 Concrete Class D (RCB) CY 44
51 601 Concrete Wall (Mulberry St) LF 48
52 602 Reinforcing Steel (Epoxy) LB 12,837
53 603 15 Inch Reinforced Concrete Pipe (CIP) (CLASS III) LF 119
54 603 9'x2.5' Concrete Box Culvert (4-sided) (Precast) LF 582
55 604 Single Curb Inlet EACH 2
56 604 Manhole Ring & Cover (30-Inch) EACH 2
57 604 Manhole Ring & Cover (36-Inch) EACH 1
58 607 Fence (Plastic) LF 475
59 607 Fence (Temporary) LF 668
60 608 Concrete Driveways (6-Inch) SY 38
SUMMARY OF APPROXIMATE QUANTITIES
ITEM
NO.
SECTION
NO. CONTRACT ITEM UNIT PLAN
AS
CONST.
61 608 Concrete Sidewalk (6-Inch) SY 162
62 608 Concrete Curb Ramp SY 0
63 609 Curb Type 2 (Section B) LF 0
64 609 Curb and Gutter (Infall) LF 460
65 609 Curb and Gutter (Outfall) LF 151
66 609 Temporary Curb (8" Vertical Barrier) (DT-701) LF 87
67 620 Sanitary Facility EACH 1
68 626 Mobilization LS 1
69 630 Flagging HR 80
70 630 Concrete Barrier (Temporary)(includes resets) LF 132
71 630 Barricade (Type 3 M-A)(Temporary) EACH 8
72 630 Construction Traffic Sign (Panel Size A) EACH 9
73 630 Construction Traffic Sign (Panel Size B) EACH 8
74 630 Traffic Control Management DAY 20
75 630 Traffic Control Inspection DAY 45
76 700 F/A Landscaping FA 1
5
X
1 Fluorescent Sheeting shall be of a brand that is on the CDOT Approved Products List.
2 Drum Sheeting shall be manufactured for flexible devices.
3 Fixed support signs are defined as all signs that must remain in use outside of working hours. They shall be mounted in
accordance with Standard Plan S-630-1.
4 RS 24 only.
7 days – 105.22
Figure 105-1 continued on next
Prehearing Submittal
15 days – 105.23
(e)
Request for Clarification and
Disagree on quantum
105.23(a) Proj
Eng initiates DRB
30/ 45 days
–
Month
Previous
Periods
To
Date Materials Total
This Earned
r Description Quantity Units
Unit
Price Amount Qty. Amount Qty. Amount Qty. Amount Period
To
Date
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00