HomeMy WebLinkAboutBID - 8309 DRAKE & SHIELDS INTERSECTION IMPROVEMENTSFinancial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
DRAKE & SHIELDS INTERSECTION
IMPROVEMENTS
BID NO. 8309
PURCHASING DIVISION
215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS
MAY 20, 2016 – 3:00 P.M. (OUR CLOCK)
CONTRACT DOCUMENTS TABLE OF CONTENTS
Section Pages
BID INFORMATION
00020 Notice Inviting Bids 00020-1 - 00020-2
00100 Instruction to Bidders 00100-1 - 00100-9
00300 Bid Form 00300-1 - 00300-3
00400 Supplements to Bid Forms 00400-1
00410 Bid Bond 00410-1 - 00410-2
00420 Statements of Bidders Qualifications 00420-1 - 00420-3
00430 Schedule of Major Subcontractors 00430-1
00440 CDOT Form #606, Anti-Collusion Affidavit 00440-1
00450 CDOT Form #1413, Bidders List 00450-1
00460 CDOT Form #1414, Anticipated DBE Participation Plan 00460-1
00470 Buy America Certification 00470-1 - 00470-2
00480 Certification Regarding Lobbying 00480-1
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 - 00800-52
Davis Bacon Wage Rates
Form FHWA 1273
Federal Terms & Conditions
00900 Addenda, Modifications, and Payment 00900-1
00950 Contract Change Order 00950-1 - 00950-2
00960 Application for Payment 00960-1 - 00960-4
SPECIFICATIONS
DUST MANUAL
DRAWINGS
SECTION 00020
INVITATION TO BID
SECTION 00020
INVITATION TO BID
Date: April 29, 2016
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 May 20, 2016, for the Drake &
Shields Intersection Improvements; BID NO. 8309. 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 8309. The Work includes the
installation of north and south bound right turn lanes on Shields Street. The project will also
install a new median at Davidson / Raintree Drive on Shields Street to provide access control to
Shields Street. Items include tree removal, concrete / asphalt removal, unclassified excavation,
inlet installation, storm pipe, aggregate base course placement, curb / gutter / access ramp /
aprons and median cover installation, asphalt milling and paving, landscape / irrigation
restoration including new plants, shrubs, trees, boulders, organic and inorganic mulch. The
project also includes mobilization, traffic control, fugitive dust mitigation and erosion control..
This is a Federally funded project and the DBE goal is 10%. In order for a bidder to be
responsive, one must make a good faith effort to meet the DBE goal. The bidder can meet this
requirement in either of two ways. First, the bidder can meet the goal, documenting
commitments for participation by DBE firms sufficient to meet the goal. Second, the bidder can
document adequate good faith efforts. This means that the bidder must show that it took all
necessary and reasonable steps to achieve the DBE goal which by their scope, intensity, and
appropriateness to the objective, could reasonably be expected to obtain sufficient DBE
participation, even if the goal is not met. These good faith efforts must be completed prior
to submittal of the bid. For additional guidance regarding good faith efforts see 49 CFR Part
26 including Appendix A. To meet the DBE eligibility requirements, DBE firms must be
certified by CDOT. The CDOT DBE Directory is available
at https://www.codot.gov/business/civilrights/dbe. If the apparent low bidder does not meet
the project DBE goal, three copies of the contractor’s good faith effort needs to be submitted to
the City of Fort Collins Purchasing Department within 5 calendar days after bid opening.
Bidders must complete, sign and submit with the bid all documents in Sections 00300
and 00400 including but not limited to CDOT Bidding forms 606, 1413 and 1414, Buy
America Certificate, and Lobbying Certificate with the bid. Bids will not be accepted if
these documents are not included.
The City of Fort Collins has adopted a new Dust Prevention and Control Manual. The manual
can be found at: http://www.fcgov.com/purchasing/pdf/dust_prevention_control_manual.pdf or
within the project specifications. All operations conducted under this Agreement shall be
performed in accordance with the stated procedures and requirements.
All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins,
215 North Mason St., 2nd floor, Fort Collins, Colorado 80524.
The City encourages all disadvantaged business enterprises to submit bid in response to all
invitations and will not be discriminated against on the grounds of race, color, national origin.
A prebid conference and job walk with representatives of prospective Bidders will be
held at 2:00 PM, on May 6, 2016, in Conference Room 2A located at 215 Mason Street,
Fort Collins.
Prospective Bidders are invited to present their questions relative to this Bid proposal at this
meeting.
Questions concerning the scope of the bid should be directed to Tracy Dyer at (970) 416-2011
or tdyer@fcgov.com.
Questions regarding bid submittal or process should be directed to Elliot Dale, Buyer at
(970) 221-6777 or edale@fcgov.com.
All questions must be submitted in writing via email to Tracy Dyer, with a copy to
Elliot Dale, no later than 5:00 PM our clock on May 11, 2016. Questions received after this
deadline will not be answered.
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.
REFERENCE CHECK/PRE-AWARD MEETING
The City may perform a thorough reference check prior to awarding the contract. To facilitate
this, please provide project descriptions and owner contact information for at least 3 projects
completed/still under construction within the contract amount of $250,000 or greater from the
past three years. It is the City’s preference that the reference projects used the same Contractor
Project Manager as the Contractor is proposing for this project. Bids that do not include the
required references may be deemed non-responsive.
The lowest responsive and responsible bidder may at the City’s sole discretion be required to
attend a Pre-Award Meeting with City staff prior to award of the contract.
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 Paul
Purchasing Director
SECTION 00100
INSTRUCTIONS TO BIDDERS
SECTION 00100
INSTRUCTIONS TO BIDDERS
1.0 DEFINED TERMS
Terms used in these Instructions to Bidders which are defined in the Standard General
Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings
assigned to them in the General Conditions. The term "Bidder" means one who submits
a Bid to OWNER, as distinct from a sub-bidder, who submits a Bid to Bidder. The terms
"Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to
whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an
award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid,
Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including
all Addenda issued prior to receipt of Bids).
2.0 COPIES OF BIDDING DOCUMENTS
2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation
to Bid. No partial sets will be issued. The Bidding Documents may be examined
at the locations identified in the Invitation to Bid.
2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither
OWNER nor Engineer assumes any responsibility for errors or misinterpretations
resulting from the use of incomplete sets of Bidding Documents.
2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and
00430 fully executed.
2.4. OWNER and Engineer, in making copies of Bidding Documents available on the
above terms, do so only for the purpose of obtaining Bids on the Work and do not
confer a license or grant for any other use.
3.0 QUALIFICATION OF BIDDERS
3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at
the time of the Bid opening, a written statement of qualifications including
financial data, a summary of previous experience, previous commitments and
evidence of authority to conduct business in the jurisdiction where the Project is
located. Each Bid must contain evidence of Bidder's qualification to do business
in the state where the Project is located or covenant to obtain such qualification
prior to award of the contract. The Statement of Qualifications shall be prepared
on the form provided in Section 00420.
3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in
determining whether a bidder is responsible, the following shall be considered:
(1) The ability, capacity and skill of the bidder to perform the contract or provide
the services required, (2) whether the bidder can perform the contract or provide
the service promptly and within the time specified without delay or interference,
(3) the character, integrity, reputation, judgment, experience and efficiency of the
bidder, (4) the quality of the bidder's performance of previous contracts or
services, (5) the previous and existing compliance by the bidder with laws and
ordinances relating to the contract or service, (6) the sufficiency of the financial
resources and ability of the bidder to perform the contract or provide the service,
(7) the quality, availability and adaptability of the materials and services to the
particular use required, (8) the ability of the bidder to provide future maintenance
and service for the use of the subject of the contract, and (9) any other
circumstances which will affect the bidder's performance of the contract.
3.3. Each Bidder may be required to show that he has handled former Work so that
no just claims are pending against such Work. No Bid will be accepted from a
Bidder who is engaged on any other Work which would impair his ability to
perform or finance this Work.
3.4 No Bidder shall be in default on the performance of any other contract with the
City or in the payment of any taxes, licenses or other monies due to the City.
4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE
4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the
Contract Documents thoroughly, (b) visit the site to familiarize himself with local
conditions that may in any manner affect cost, progress or performance of the
Work, (c) familiarize himself with federal, state and local laws, ordinances, rules
and regulations that may in any manner affect cost, progress or performance of
the Work, (d) study and carefully correlate Bidder's observations with the
Contract Documents, and (e) notify Engineer of all conflicts, errors or
discrepancies in the Contract Documents.
4.2. Reference is made to the Supplementary Conditions for identification of:
Subsurface and Physical Conditions SC-4.2.
4.3. The submission of a Bid will constitute an incontrovertible representation by
Bidder that Bidder has complied with every requirement of this Article 4, that
without exception the Bid is premised upon performing and furnishing the Work
required by the Contract Documents and such means, methods, techniques,
sequences or procedures of construction as may be indicated in or required by
the Contract Documents, and that the Contract Documents are sufficient in scope
and detail to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
5.0 INTERPRETATIONS AND ADDENDA.
5.1. All questions about the meaning or intent of the Bidding Documents are to be
submitted in writing to the Engineer and the OWNER. Interpretation or
clarifications considered necessary in response to such questions will be issued
only by Addenda. Questions received less than seven days prior to the date for
opening of the Bids may not be answered. Only questions answered by formal
written Addenda will be binding. Oral and other interpretations or clarifications
will be without legal effect.
5.2. All questions concerning the scope of this project should be directed to the
Engineer. Questions regarding submittal of bids should be directed to the City of
Fort Collins' Purchasing Division.
5.3. Addenda may also be issued to modify the Bidding Documents as deemed
advisable by OWNER or Engineer.
5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as
having received the Bidding documents.
6.0 BID SECURITY
6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the
amount stated in the Invitation to Bid. The required security must be in the form
of a certified or bank cashier's check payable to OWNER or a Bid Bond on the
form enclosed herewith. The Bid Bond must be executed by a surety meeting
the requirements of the General Conditions for surety bonds.
6.2. The Bid Security of the successful Bidder will be retained until such Bidder has
executed the Agreement and furnished the required contract security, whereupon
Bid Security will be returned. If the successful Bidder fails to execute and deliver
the Agreement and furnish the required contract security within 15 days of the
Notice of Award, OWNER may annul the Notice of Award and the Bid Security of
that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER
believes to have reasonable chance receiving the award may be retained by
OWNER until the earlier of the seventh day after the effective date of the
Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security
furnished by such Bidders will be returned. Bid Security with Bids which are not
competitive will be returned within seven days after the Bid opening.
7.0 CONTRACT TIME.
The number of days within which, or the date by which the Work is to be substantially
complete and also completed and ready for Final Payment (the Contract Times) are set
forth in the Agreement.
8.0 LIQUIDATED DAMAGES.
Provisions for liquidated damages are set forth in the Agreement.
9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT
The Contract, if awarded, will be on the basis of material and equipment described on
the Drawings or specified in the Specifications without consideration of possible
substitute or "or equal" items. If a specific product type or brand of material or
equipment is indicated on the drawings or specified in the specifications, three types of
such product will be listed and the bidder may use anyone of the three or an approved
equal, if the equal is acceptable to the engineer. The procedure for submittal of any
such application by CONTRACTOR and consideration by Engineer is set forth in the
General Conditions which may be supplemented in the General Requirements.
10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS
10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal
subcontractors he proposes to use in the Work. Refer to Section 00430
contained within these Documents.
10.2. If OWNER or Engineer after due investigation has reasonable objection to any
proposed Subcontractor, either may, before the Notice of Award is given, request
the apparent successful Bidder to submit an acceptable substitute without an
increase in Bid price. If the apparent successful Bidder declines to make any
substitution, OWNER may award the contract to the next lowest responsive and
responsible Bidder that proposes to use acceptable subcontractors.
Subcontractors, suppliers, other persons or organization listed and to whom
OWNER or Engineer does not make written objection prior to the giving of the
Notice of Award will be deemed acceptable to OWNER and ENGINEER subject
to revocation of such acceptance after the effective date of the Agreement as
provided in the General Conditions.
10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or
other persons or organizations against whom he has reasonable objection. The
use of subcontractors listed by the Bidder and accepted by OWNER prior to the
Notice of Award will be required in the performance of the Work.
11.0 BID FORM.
11.1. A copy of the Bid Form is bound in the Contract Documents which may be
retained by the Bidder. A separate unbound copy is enclosed for submission
with the Bid.
11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form
must be stated in words and numerals; in case of conflict, words will take
precedence. Unit prices shall govern over extensions of sums.
11.3. Bids by corporations must be executed in the corporate name by the president or
a vice-president (or other appropriate officer accompanied by evidence of
authority to sign) and the corporate seal shall be affixed and attested by the
secretary or an assistant secretary. The corporate address and state of
incorporation shall be shown below the corporate name.
11.4. Bids by partnerships must be executed in the partnership name and signed by a
partner, his title must appear under his signature and the official address of the
partnership must be shown below the signature.
11.5. Bids by joint venture shall be signed by each participant in the joint venture or by
an authorized agent of each participant. The full name of each person or
company interested in the Bid shall be listed on the Bid Form.
11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the
numbers of which must be filled in on the Bid Form).
11.7. No alterations in Bids, or in the printed forms therefore, by erasures,
interpolations, or otherwise will be acceptable unless each such alteration is
signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to
identify any alteration so initialed.
11.8. The address and telephone number for communications regarding the Bid shall
be shown.
12.0 BID PRICING.
Bids must be priced as set forth in the Bid Schedule or Schedules.
13.0 SUBMISSION OF BIDS.
13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and
shall be enclosed in an opaque sealed envelope marked with the Project title, Bid
No., and name and address of the Bidder and accompanied by the Bid Security,
Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of
Subcontractors as required in Section 00430. If the Bid is sent through the mail
or other delivery system, the sealed envelope shall be enclosed in a separate
envelope with the notation "BID ENCLOSED" on the face of it.
13.2. Bids shall be deposited at the designated location prior to the time and date for
receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by
addendum. Bids received after the time and date for receipt of Bids will be
returned unopened. Bidder shall assume full responsibility for timely delivery at
the location designated for receipt of Bids.
13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive
consideration.
13.4. No Bidder may submit more than one Bid. Multiple Bids under different names
will not be accepted from one firm or association.
14.0 MODIFICATION AND WITHDRAWAL OF BIDS.
14.1. Bids may be modified or withdrawn by an appropriate document duly executed
(in a manner that a Bid must be executed) and delivered to the place where Bids
are to be submitted at any time prior to the opening of Bids.
14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized
representative provided he can prove his identity and authority at any time prior
to the opening of Bids.
14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of
Bids provided that they are then fully in conformance with these Instructions to
Bidders.
15.0 OPENINGS OF BIDS.
Bids will be opened and (unless obviously non-responsive) read aloud publicly as
indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major
alternates (if any) will be made available after the opening of Bids.
16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE.
All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but
OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to
that date.
17.0 AWARD OF CONTRACT.
17.1. OWNER reserves the right to reject any and all Bids, to waive any and all
informalities not involving price, time or changes in the Work, to negotiate
contract terms with the Successful Bidder, and the right to disregard all
nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER
reserves the right to reject the Bid of any Bidder if OWNER believes that it would
not be in the best interest of the Project to make an award to that Bidder, whether
because the Bid is not responsive or the Bidder is unqualified or of doubtful
financial ability or fails to meet any other pertinent standard or criteria established
by OWNER. Discrepancies between the indicated sum of any column of figures
and the correct sum thereof will be resolved in favor of the correct sum.
17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders,
whether or not the Bids comply with the prescribed requirements, and such
alternates, unit prices and other data, as may be requested in the Bid Form or
prior to the Notice of Award.
17.3. OWNER may consider the qualification and experience of Subcontractors,
Suppliers, and other persons and organizations proposed for those portions of
the Work as to which the identity of Subcontractors, Suppliers, and other persons
and organizations is submitted as requested by OWNER. OWNER also may
consider the operating costs, maintenance requirements, performance data and
guarantees of major items of materials and equipment proposed for incorporation
in the Work when such data is required to be submitted prior to the Notice of
Award.
17.4. OWNER may conduct such investigations as OWNER deems necessary to
assist in the evaluation of any Bid and to establish the responsibility,
qualifications and financial ability of the Bidder's proposed Subcontractors,
Suppliers and other persons and organizations to do the Work in accordance
with the Contract Documents to OWNER's satisfaction within the prescribed time.
17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and
responsible Bidder whose evaluation by OWNER indicates to OWNER that the
award will be in the best interest of the OWNER. Award shall be made on the
evaluated lowest base bid excluding alternates. The basis for award shall be the
lowest Bid total for the Schedule or, in the case of more than one schedule, for
sum of all schedules. Only one contract will be awarded.
17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice
of Award within forty-five (45) days after the date of the Bid opening.
18.0 CONTRACT SECURITY.
The General Conditions and the Supplementary Conditions set forth OWNER's
requirements as to performance and other Bonds. When the Successful Bidder delivers
the executed Agreement to the OWNER, it shall be accompanied by the required
Contract Security.
19.0 SIGNING OF AGREEMENT.
When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied
by the required number of unsigned counterparts of the Agreement with all other written
Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall
sign and deliver the required number of counterparts of the Agreement and attached
documents to OWNER with the required Bonds. Within ten (10) days thereafter,
OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart
is to be accompanied by a complete set of the Drawings with appropriate identification.
20.0 TAXES.
OWNER is exempt from Colorado State Sales and Use Taxes on materials and
equipment to be incorporated in the Work. Said taxes shall not be included in the
Contract Price. Reference is made to the General and Supplementary Conditions.
21.0 RETAINAGE.
Provisions concerning retainage are set forth in the Agreement.
22.0 COLLUSIVE OR SHAM BIDS.
Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be
rejected and reported to authorities as such. Your authorized signature of this Bid
assures that such Bid is genuine and is not a collusive or sham Bid.
23.0 BID RESULTS.
The Bid tally will be posted at www.rockymountainbidsystem.com within two (2) business
days after the Bid Opening.
END OF SECTION
SECTION 00300
BID FORM
SECTION 00300
BID FORM
PROJECT: 8309 Drake & Shields Intersection Improvements
Place
Date
1. In compliance with your Invitation to Bid dated __, 20__ and subject to all
conditions thereof, the undersigned a (Corporation,
Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to
do business in the State of Colorado hereby proposes to furnish and do everything
required by the Contract Documents to which this refers for the construction of all items
listed on the following Bid Schedule or Bid Schedules.
2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in
good faith, without collusion or connection with any other person or persons Bidding for
the same Work, and that it is made in pursuance of and subject to all the terms and
conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the
detailed Specifications, and the Drawings pertaining to the Work to be done, all of which
have been examined by the undersigned.
3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum
of _____________________________________________________
($ ___) in accordance with the Invitation to Bid and Instructions to Bidders.
4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and
a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days
from the date when the written notice of the award of the contract is delivered to him at
the address given on this Bid. The name and address of the corporate surety with which
the Bidder proposes to furnish the specified performance and payment bonds are as
follows: _________________________________________________________.
5. All the various phases of Work enumerated in the Contract Documents with their
individual jobs and overhead, whether specifically mentioned, included by implication or
appurtenant thereto, are to be performed by the CONTRACTOR under one of the items
listed in the Bid Schedule, irrespective of whether it is named in said list.
6. Payment for Work performed will be in accordance with the Bid Schedule or Bid
Schedules subject to changes as provided in the Contract Documents.
7. The undersigned Bidder hereby acknowledges receipt of Addenda No.
_______through .
8. The undersigned Bidder hereby acknowledges the documents listed below are required
elements of the bid and must be submitted with the bid. The City may reject any
incomplete bids as non-responsive.
- Bid Form (Section 00300)
- Certified or Cashier’s Check Bid Bond (Item 3 above and Section 00410)
- Acknowledgement of Bid Addenda (Item 7 above)
- Statement of Bidder's Qualifications (Section 00420)
- Schedule of Subcontractors (Section 00430)
- CDOT Form #606, Anti-Collusion Affidavit (Section 00440)
- CDOT Form #1413, Bidders List (Section 00450)
- CDOT Form #1414, Anticipated DBE Participation Plan (Section 00460)
- Buy America Certification (Section 00470)
- Certification Regarding Lobbying (Section 00480)
9. The Bidder acknowledges this is a Federally funded project subject to the Federal Terms
and Conditions incorporated herein as part of the Invitation to Bid. This project has a
DBE goal of 10%. In order for a bidder to be responsive one must make a good faith
effort to meet the DBE goal. The bidder can meet this requirement in either of two ways.
First, the bidder can meet the goal, documenting commitments for participation by DBE
firms sufficient to meet the goal. Second, the bidder can document adequate good faith
efforts. These good faith efforts must be completed prior to submittal of the bid. To
meet the DBE eligibility requirements, DBE firms must be certified by CDOT. The CDOT
DBE Directory is available at https://www.codot.gov/business/civilrights/dbe. If the
apparent low bidder does not meet the project DBE goal, three copies of the contractor’s
good faith effort needs to be submitted to the City of Fort Collins Purchasing Department
by 4PM on the next business day after bid opening.
10. The undersigned Bidder shall provide three (3) completed or under construction project
references within the contract amount of $250,000 or greater from the past three (3)
years. It is the City’s preference that the reference projects use the same Project
Manager as the Contractor is proposing for this project. References shall include a brief
project description, owner contact information, and total contract value. References may
be checked by the City and bids that do not include the required references may be
deemed non-responsive:
Project 1 Name:
Brief Description:
Owner Contact Information:
Contract Value:
Project 2 Name:
Brief Description:
Owner Contact Information:
Contract Value:
Project 3 Name:
Brief Description:
Owner Contact Information:
Contract Value:
11. BID SCHEDULE (Base Bid)
Bid
Item
Contract
Item No.
Contract Item Unit
Estimated
Quantities
Unit Price Total Cost
1 201-00000 Clearing and Grubbing LS 1 $ -
2 202-00010 Removal of Tree EA 10 $ -
3 202-00019 Removal of Inlet EA 1 $ -
4 202-00035 Removal of Pipe LF 16 $ -
5 202 Removal of Sidewalk and Concrete Apron SY 773 $ -
6 202 Removal of Concrete Median Nose & Sign EA 4 $ -
7 202-00203 Removal of Curb and Gutter LF 1,114 $ -
8 202-00220 Removal of Asphalt Mat SY 519 $ -
9 202-00240 Removal of Asphalt Mat (Planing) (3 Inches) SY 8,985 $ -
10 202-00250 Removal of Pavement Marking SF 26 $ -
11 202-00821 Removal of Sign Panel EA 1 $ -
12 202-00900 Removal of Concrete Footing (Top 3' of Traffic Signal Pole Bases) EA 4 $ -
13 203-00000 Unclassified Excavation CY 857 $ -
14 203-00060 Embankment Material (Complete In Place) CY 200 $ -
15 203-00100 Muck Excavation CY 200 $ -
16 203-01597 Potholing HR 20 $ -
17 207-00405
Topsoil (Special) - Pre-amended with 4 cu.yds. / 1000 sq.ft. Compost (Shrub
and Perennial Beds) - 18"d.
CY 26 $ -
18 208-0002 Erosion Log LF 55 $ -
19 208-00035 Aggregate Bag LF 100 $ -
20 208-00045 Concrete Washout Structure EA 1 $ -
21 208-00051 Storm Drain Inlet Protection (Type 1) LF 75 $ -
22 208-00070 Vehicle Tracking Pad EA 1 $ -
23 208-00205 Erosion Control Supervisor HR 90 $ -
24 210 Reset Electrical Box (Private) EA 1 $ -
25 210-00750 Reset Light Standard (Private) EA 1 $ -
26 210-04010 Adjust Manhole (Sanitary) EA 1 $ -
27 210-04015 Modify Manhole EA 1 $ -
28 210-04050 Adjust Valve Box EA 2 $ -
29 212-00050 Sod (Repair includes sod and fine grade) SF 5,950 $ -
30 212-00100 Tree Retention and Protection LS 1 $ -
31 213-00008 Mulching (Wood Chip) - 4"d. CF 82 $ -
32 213 Inorganic Mulch - 8"-12" River Rock/Cobble (20% of median) TON 1 $ -
33 213 Inorganic Mulch - 3"-6" Tan River Rock (30% of median) TON 1 $ -
34 213 Inorganic Mulch - 1.5" Tan River Rock (50% of median) TON 1 $ -
35 213-00070 Landscape Weed Barrier Fabric (All Inorganic beds) SY 24 $ -
36 213-00460 Metal Landscape Border (3/16x4 Inch) - Green Ryerson with integral stakes LF 40 $ -
37 213-00700 Landscape Boulder - 'A' Boulder (24"h. x 24"w .x 36"l.) EA 1 $ -
38 213-00700 Landscape Boulder - 'B' Boulder (30"h. x 24"w. x 36"l.) EA 1 $ -
39 213-00700 Landscape Boulder - 'C' Boulder (42"h. x 24"w. x 36"l.) EA 1 $ -
40 214 Deciduous Canopy Trees EA 8 $ -
41 214 Ornamental Trees EA 4 $ -
42 214 Deciduous Shrubs EA 5 $ -
43 214 Evergreen Shrubs EA 1 $ -
44 214 Ornamental Grasses/Perennials EA 29 $ -
45 304 Aggregate Base Course (Class 5 or 6) TON 852 $ -
46 403 Hot Mix Asphalt (Patching) (Median) (Assumed 5") TON 35 $ -
47 403 Hot Mix Asphalt (Grade S 75) (PG 58-28) (Assumed 5") (Full Depth Area) TON 292 $ -
48 403
Hot Mix Asphalt (Grade S 100) (PG 64-28) (Modified Binder Mix w/ Modified Oil)
(Assumed 3") (Overlay)
TON 1,664 $ -
49 504 Concrete Wall (6" Wide Wall w/ 6" Thick Sidewalk) LF 105 $ -
50 504 Masonry Brick Wall (12" Wide Wall) LF 44 $ -
51 603-01155 15 Inch Reinforced Concrete Pipe (Complete In Place) LF 34 $ -
52 604-19110 Inlet Type R L5 (10 Foot) (With Snout®) EA 1 $ -
53 608-00006 Concrete Sidewalk (6 Inch) SY 480 $ -
54 608 Concrete Curb Ramp and Concrete Apron SY 260 $ -
55 608 Concrete Median Nose EA 4 $ -
56 609-21010 Curb and Gutter Type 2 (Section I-B) LF 171 $ -
57 609-21020 Curb and Gutter Type 2 (Section II-B) LF 1,095 $ -
58 610-00024 Median Cover Material (4 Inch Sandscape Conc.) SF 356 $ -
59 623 Irrigation System LS 1 $ -
60 626-00000 Mobilization LS 1 $ -
61 630-00000 Flagging HR 1,500 $ -
62 630-00007 Traffic Control Inspection DAY 5 $ -
63 630-00012 Traffic Control Management DAY 60 $ -
64 630-80355 Portable Message Sign Panel DAY 40 $ -
65 630 Construction Traffic Control LS 1 $ -
ACCEPTANCE OF FUEL COST ADJUSTMENTS:
Bidders have the option to accept Fuel Cost Adjustments in accordance with the Revision of
Section 109 - Fuel Cost Adjustment. To accept this standard special provision, the bidder must
fill in an "X" next to "YES" below. No Fuel Cost Adjustment will be made due to fuel cost
changes for bidders who answer "NO". If neither line is marked, the Department will assume
the bidder rejects Fuel Cost Adjustments for this project. After bids are submitted, bidders will
not be given any other opportunity to accept or reject this adjustment.
(Mark only one line with an "X"):
____ YES, I choose to accept Fuel Cost Adjustments for this project
____ NO, I choose NOT to accept Fuel Cost Adjustments for this project (if neither line is
marked, the default is "NO", I choose NOT to accept Fuel Cost Adjustments for this project
66 700-70010 F/A Minor Contract Revisions F/A 1 $50,000.00 $ 50,000
67 700-70016 F/A Fuel Cost Adjustment F/A 1 $2,000.00 $ 2,000
68 700-70019 F/A Asphalt Cement Cost Adjustment F/A 1 $25,000.00 $ 25,000
69 700-70021 F/A On-The-Job Trainee F/A 1 $1,000.00 $ 1,000
IN WORDS:
FORCE ACCOUNT
TOTAL BASE BID
11. PRICES
The foregoing prices shall include all labor, materials, transportation, shoring, removal,
dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the
several kinds called for.
Bidder acknowledges that the OWNER has the right to delete items in the Bid or change
quantities at his sole discretion without affecting the Agreement or prices of any item so
long as the deletion or change does not exceed twenty-five percent (25%) of the total
Agreement Price.
RESPECTFULLY SUBMITTED:
_______________________________________
CONTRACTOR
BY:___________________________________
________________________________ __________________
Signature Date
________________________________
Title
________________________________
License Number (If Applicable)
(Seal - if Bid is by corporation)
Attest:___________________________
Address _____________________________________
_____________________________________
Telephone _____________________________________
Email _____________________________________
SECTION 00400
SUPPLEMENTS TO BID FORMS
00410 Bid Bond
00420 Statement of Bidder's Qualifications
00430 Schedule of Subcontractors
00440 CDOT Form #606, Anti-Collusion Affidavit
00450 CDOT Form #1413, Bidders List
00460 CDOT Form #1414, Anticipated DBE Participation Plan
00470 Buy America Certification
00480 Appendix A, 49 CFR Part 20, Certification Regarding
Lobbying
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, 8309 Drake & Shields
Intersection Improvements.
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, or a firm for which you were principal, ever failed to complete any Work
awarded to you?________ ___________________________________
If so, where and why?____________________________________________
_________________________________________________________________
9. Have you, or a firm for which you were a principal, ever defaulted on a contract?______
__________________________ _____________________________
If so, where and why?____________________________________________
_________________________________________________________________
10. Are you, or a firm for which you were principal, 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. The City of Fort Collins requires General Liability coverage of $1,000,000 and
Automotive Liability of $1,000,000. Can you meet these requirements?____________
What Company is your insurance carrier? _____________________________________
22. What are your company's bonding limitations?_____________________________
23. The undersigned hereby authorizes and requests any person, firm or corporation to
furnish any information requested by the OWNER in verification of the recital comprising
this Statement of Bidder's Qualifications.
Dated at ________________ this ______ day of __________________, 20__.
_____________________________________________
Name of Bidder
By:__________________________________________
Title:_______________________________________
State of________________________ County of_______________________
___________________________________being duly sworn deposes and says that he is
______________________of_____________________________ and that (name of
organization) the answers to the foregoing questions and all statements therein contained are
true and correct.
Subscribed and sworn to before me this _______ day of____________, 20__.
___________________________________
Notary Public
My commission expires _______________.
SECTION 00430
SCHEDULE OF SUBCONTRACTORS
List all subcontractors for the work items listed below and all subcontractors performing over
15% of the contract.
ITEM SUBCONTRACTOR
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
SECTION 00440
SECTION 00450
SECTION 00460
SECTION 00470
BUY AMERICA
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide
that Federal funds may not be obligated unless steel, iron, and manufactured products used in
FTA-funded projects are produced in the United States, unless a waiver has been granted by
FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7,
and include final assembly in the United States for 15 passenger vans and 15 passenger
wagons produced by Chrysler Corporation, and microcomputer equipment and software.
Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R.
661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic
content.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification
(below) with all bids or offers on FTA-funded contracts, except those subject to a general
waiver. Bids or offers that are not accompanied by a completed Buy America certification
must be rejected as nonresponsive. This requirement does not apply to lower tier
subcontractors.
BIDDER MUST SIGN ONE (1) OF THE FOLLOWING:
Certification requirement for procurement of steel, iron, or manufactured products.
Certificate of Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1)
and the applicable regulations in 49 C.F.R. Part 661.5.
Date _______________________________________________________________________
Signature ____________________________________________________________________
Company Name _______________________________________________________________
Title ________________________________________________________________________
Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.
5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C.
5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.
Date _______________________________________________________________________
Signature ____________________________________________________________________
Company Name ______________________________________________________________
Title ________________________________________________________________________
SECTION 00480
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions [as amended by "Government wide Guidance
for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in
paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying
Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the
Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited
expenditure or fails to file or amend a required certification or disclosure form shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure
or failure.]
The Contractor, ________________ ___, certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor
understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this
certification and disclosure, if any.
__________________________ Signature of Contractor's Authorized Official
__________________________ Name and Title of Contractor's Authorized Official
___________________________ Date
SECTION 00500
AGREEMENT FORMS
00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
SECTION 00510
NOTICE OF AWARD
DATE: [CONTRACT DATE]
TO: [CONTRACTOR]
PROJECT: 8309 DRAKE & SHIELDS INTERSECTION IMPROVEMENTS
OWNER: CITY OF FORT COLLINS
(hereinafter referred to as "the OWNER")
You are hereby notified that your Bid dated [Bid Date] for the above project has been
considered. You are the apparent successful Bidder and have been awarded an Agreement for
8309 Drake & Shields Intersection Improvements.
The Price of your Agreement is ($ ).
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 Paul
Purchasing Director
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 8309 Drake & Shields Intersection
Improvements.
ARTICLE 2. ENGINEER
The Project has been designed by Interwest Consulting Group, 1218 W Ash, Suite A,
Windsor, CO 80550. The City of Fort Collins Engineering Department is hereinafter called
ENGINEER and who will assume all duties and responsibilities and will have the rights and
authority assigned to ENGINEER in the Contract Documents in connection with completion
of the Work in accordance with the Contract Documents.
ARTICLE 3. CONTRACT TIMES
3.1 The Work shall be Substantially Completed by the Contractor, in accordance with
Article 14 of the General Conditions, as evidenced by the issuance of certificate of
Substantial Completion, within Sixty-Five (65) calendar days after the date when the
Contract Times commence to run.
3.2 The Work must be completed by the Contractor and ready for final payment in
accordance with Article 14 of the General Conditions within Ten (10) calendar days
after Substantial Completion.
3.3. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence under this Agreement and that OWNER will suffer financial loss if the Work
is not completed within the times specified in paragraph 3.1 and 3.2 above, plus any
extensions thereof allowed in accordance with Article 12 of the General Conditions.
They also recognize the delays, expenses and difficulties involved in proving in a
legal preceding the actual loss suffered by OWNER if the Work is not completed on
time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR
agree that as Liquidated Damages for delay (but not as penalty) CONTRACTOR
shall pay OWNER the amounts set forth hereafter.
1) Substantial Completion:
One Thousand Four Hundred Dollars ($1,400) for each calendar day or fraction
thereof after the date of Substantial Completion as provided in Section 3.1 above.
2) Final Acceptance:
One Thousand Four Hundred Dollars ($1,400) for each calendar day or fraction
thereof that after the date of Final Acceptance as provided in Section 3.2 above.
ARTICLE 4. CONTRACT PRICE
4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with
the Contract Documents in current funds as follows: ($ ), 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:
By: ____________________________ By:_______________________________
GERRY PAUL
PURCHASING DIRECTOR Printed:____________________________
Date:___________________________ Title:____________________________
Date:_____________________________
(CORPORATE SEAL)
Attest: ________________________ Attest:___________________________
City Clerk
Address for giving notices: Address for giving notices:
P. O. Box 580 __________________________________
Fort Collins, CO 80522 __________________________________
LICENSE NO.:______________________
Approved as to Form
_______________________________
Senior Assistant City Attorney
SECTION 00530
NOTICE TO PROCEED
Description of Work: 8309 Drake & Shields Intersection Improvements Project
To: [Contractor]
This notice is to advise you:
That the contract covering the above described Work has been fully executed by the
CONTRACTOR and the OWNER.
That the required CONTRACTOR's Performance Bond and Payment Bond have been received
by the OWNER.
That the OWNER has approved the said Contract Documents.
Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and
directed to proceed within ( ) calendar days from receipt of this notice as required by the
Agreement.
Dated this day of , 20__.
The dates for Substantial Completion and Final Acceptance shall be _____ _____, 20_ and
, 20__, respectively.
City of Fort Collins
OWNER
By:
Title:
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged this day of ,
20__.
CONTRACTOR:
By:
Title:
SECTION 00600
BONDS AND CERTIFICATES
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00660 Consent of Surety
00670 Application for Exemption Certificate
SECTION 00610
PERFORMANCE BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
Firm
Address
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300
Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as
the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the [Day] day of [Month] in the year of 20[Year], a
copy of which is hereto attached and made a part hereof for the performance of The City of Fort
Collins project, 8309 Drake & Shields Intersection Improvements Project.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions and agreements of said Agreement during the
original term thereof, and any extensions thereof which may be granted by the OWNER, with or
without Notice to the Surety and during the life of the guaranty period, and if the Principal shall
satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and
save harmless the OWNER from all cost and damages which it may suffer by reason of failure
to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER
may incur in making good any default then this obligation shall be void; otherwise to remain in
full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Agreement or to the
Work to be performed thereunder or the Specifications accompanying the same shall in any way
affect its obligation on this bond; and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the Work or to the
Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in
the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of
which shall be deemed an original, this __ day of _________, 20__.
IN PRESENCE OF: Principal
______________________________ ________________________________________
______________________________ ________________________________________
(Title)
________________________________________
(Address)
(Corporate Seal)
IN PRESENCE OF: Other Partners
_____________________________ By:_____________________________________
_____________________________ By:_____________________________________
IN PRESENCE OF: Surety
_____________________________ By:_____________________________________
_____________________________ By:_____________________________________
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
SECTION 00615
PAYMENT BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
Firm
Address
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins,
300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to
as "the OWNER", in the penal sum of ($ ) in lawful money of the United States, for
the payment of which sum well and truly to be made, we bind ourselves, successors and
assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the [Day] day of [Month] in the year of 20[Year], a
copy of which is hereto attached and made a part hereof for the performance of The City of Fort
Collins project, 8309 Drake & Shields Intersection Improvements Project.
NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors,
and corporations furnishing materials for or performing labor in the prosecution of the Work
provided for in such Agreement and any authorized extension or modification thereof, including
all amounts due for materials, lubricants, repairs on machinery, equipment and tools,
consumed, rented or used in connection with the construction of such Work, and all insurance
premiums on said Work, and for all labor, performed in such Work whether by subcontractor or
otherwise, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Agreement or to the
Work to be performed thereunder or the Specifications accompanying the same shall in any way
affect its obligation on this bond; and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the Work or to the
Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in
the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of
which shall be deemed an original, this __ day of , 20__.
IN PRESENCE OF: Principal
______________________________ By:___________________________________
______________________________ ______________________________________
(Title)
______________________________________
(Address)
(Corporate Seal)
IN PRESENCE OF: Other Partners
______________________________ ______________________________________
______________________________ ______________________________________
IN PRESENCE OF: Surety
______________________________ By:___________________________________
______________________________ By:___________________________________
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance 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: 8309 Drake & Shields
Intersection Improvements Project
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
INCLUDE:
____________________________ OWNER: City of Fort Collins
____________________________ CONTRACTOR:
____________________________ CONTRACT DATE:
The Work performed under this contract has been inspected by authorized representatives of
the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the
project, as indicated above) is hereby declared to be substantially completed on the above date.
A tentative list of items to be completed or corrected is appended hereto. This list may not be
exhaustive, and the failure to include an item on it does not alter the responsibility of the
CONTRACTOR to complete all the Work in accordance with the Contract Documents.
ENGINEER AUTHORIZED REPRESENTATIVE
DATE
The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to
complete and correct the items on the tentative list within the time indicated.
ENGINEER AUTHORIZED REPRESENTATIVE
DATE
The OWNER accepts the project or specified area of the project as substantially complete and
will assume full possession of the project or specified area of the project at 12:01 a.m., on
. The responsibility for heat, utilities, security, and insurance under the
Contract Documents shall be as set forth under "Remarks" below.
CITY OF FORT COLLINS, COLORADO
By:
OWNER AUTHORIZED REPRESENTATIVE DATE
REMARKS:
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
, 20__
TO: [Contractor]
Gentlemen:
You are hereby notified that on the day of , 20__, the City of Fort Collins,
Colorado, has accepted the Work completed by [Contractor] for the City of Fort Collins project,
8309 Drake & Shields Intersection Improvements Project.
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: 8309 DRAKE & SHIELDS INTERSECTION IMPROVEMENTS PROJECT
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: 8309 DRAKE & SHIELDS INTERSECTION IMPROVEMENTS PROJECT
CONTRACT DATE: [CONTRACT DATE]
In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR
as indicated above, for
(Surety)
on bond of
hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to
the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the
OWNER, as set forth in the said Surety Company's Bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of
, ____ .
(Surety Company)
By
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact.
SECTION 00670
SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
SECTION 00700
GENERAL CONDITIONS
SECTION 00800
SUPPLEMENTARY CONDITIONS
SECTION 00800
CDOT SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement the corresponding paragraphs as
indicated of the General Conditions of the Construction Contract (EJCDC General Conditions
1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract
Documents as indicated below.
SC-4.2 Subsurface and Physical Conditions:
A. Add the following language to paragraph 4.2.1 of the General Conditions.
4.2.1.1.1 The following report(s) of exploration and tests of subsurface
conditions at the site of the Work:
N/A
Contractor may rely upon the accuracy of the technical data contained in the
geotechnical documents, but not upon nontechnical data, interpretations or
opinions contained therein or upon the completeness of any information in the
report.
SC-5.3.2 Add the following:
The State of Colorado shall be added as an additional insured.
SC-5.4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
The State of Colorado shall be added as an additional insured.
The limits of liability for the insurance required by the paragraph numbers of the
General Conditions listed below are as follows:
5.4.1 and 5.4.2
Coverage A - Statutory Limits
Coverage B - $100,000/$100,000/$500,000
5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000
combined single limits (CSL). This policy will include coverage for Explosion,
Collapse, and Underground coverage unless waived by the Owner.
5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits
of $1,000,000 combined single limits (CSL).
5.4.9 This policy will include completed operations coverage/product liability
coverage with limits of $1,000,000 combined single limits (CSL).
SC-6.5 Contractor Responsibilities—Amended in its entirety to read:
All materials and equipment shall be of good quality and new, except as otherwise
provided in the Contract Documents. All warranties, if any, provided in the
Specifications shall run specifically to the benefit of Owner. If required by Engineer
prior to final payment as provided for herein, Contractor shall furnish satisfactory
evidence (including reports of required tests) as to the kind and quality of the
materials and equipment. All materials and equipment shall be applied, installed,
connected, erected, used, cleaned and conditioned in accordance with instructions of
the applicable Supplier, except as otherwise provided in the Contract Documents.
SC- 6.30.1 Contractor General Warranty and Guarantee-
Delete the complete paragraph
6.30.1.1 Specific Warranties. Contractor further warrants and guarantees that any
Work covered by a specific warranty provision contained in the
Specifications shall be performed in accordance with the applicable warranty
and any such Work shall conform to the warranty requirements during the
warranty period stated in the specific warranty.
SC-12.3 Add the following language to the end of paragraph 12.3 of the General
Conditions:
The date of beginning and the time for completion of the work are essential
conditions of the Contract Documents and the work embraced shall be
commenced on a date specified in the Notice to Proceed.
The Contractor will proceed with the work at such rate of progress to ensure full
completion within the contract time. It is expressly understood and agreed, by
and between the Contractor and the Owner that the contract time for the
completion of the work described herein is a reasonable time, taking into
consideration the climatic and other factors prevailing in the locality of the work.
Every effort shall be made by the Contractor to complete the project within the
"Contract Time" shown in the proposal. The "Contract Time" anticipates
"Normal" weather and climate conditions in and around the vicinity of the Project
site during the times of year that the construction will be carried out. Extensions
of time based upon weather conditions shall be granted only if the Contractor
demonstrates clearly that such conditions were "unusually severe," would not
have been reasonably anticipated, and that such conditions adversely affected
the Contractor’s work and thus required additional time to complete the work.
The following specifies the procedure for the determination of time extensions
for unusually severe weather. The listing below defines the anticipated number
of calendar days lost to adverse weather for each month and is based upon
National Oceanic and Atmospheric Administration (NOAA) or similar data for the
geographic location of the project.
Monthly Anticipated Calendar Days Lost to Adverse Weather Conditions
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
(7) (4) (4) (4) (6) (3) (4) (2) (3) (3) (2) (5)
The above schedule of anticipated adverse weather will constitute the base line
for monthly (or portion thereof) weather time evaluations. Upon acknowledgment
of the Notice to Proceed and continuing throughout the contract on a monthly
basis, actual adverse weather days and the impact of adverse weather days that
delay the work will be recorded on a day-to-day basis. It is assumed that the
work will be carried out Mondays through Fridays (holidays excepted) unless an
approved construction schedule or written authorization from the Owner indicates
otherwise. The number of days of delayed work due to adverse weather or the
impact thereof will then be compared to the monthly adverse weather schedule
above.
An actual adverse weather day must prevent work for 50 percent or more of the
Contractor’s workday, delay work critical to the timely completion of the project,
and be documented by the Contractor. The City Representative observing the
construction shall determine on a daily basis whether or not work can proceed or
if work is delayed due to adverse weather or the effects thereof. The Contractor
shall notify the Engineer in writing of any disagreement as to whether or not work
can proceed on a given date, within 2 calendar days of that date. The Owner will
use the above written notification in determining the number of working days for
which work was delayed during each month.
At the end of each month, if the number of working days for which work was
delayed due to adverse weather exceeds that shown in the above schedule, a
Change Order will be executed which increases the Contract Time. The number
of work days delayed due to adverse weather or the impact thereof will then be
converted to Calendar Days based on the contract completion day and date.
This conversion assumes a 5-day work week, Mondays through Fridays, holidays
excepted; should the Contractor have authorization to work weekends and/or
holidays, then the method of conversion of workdays to calendar days would take
this into consideration. The contract time period will then be increased by the
number of calendar days calculated above and a new contract completion day
and date will be set.
The Contractor’s schedule must reflect the above-anticipated adverse weather
delays on all weather-dependent activities. While extensions of time shall be
granted for "unusually severe" weather or climate conditions, the Owner shall
make no monetary compensation for any costs to the Contractor arising out of
such delays. The Contractor shall comply with the portions of the Contract
Documents relating to his project schedule and amendments thereto which result
from the "unusually severe" weather condition.
Breakdowns in equipment or lack of performance by the Contractor will not be
considered justification for an extension of time. Liquidated damages will be
assessed as delineated elsewhere.
The Contractor shall not be charged with liquidated damages or any excess cost
when the delay in completion of the work is due to the following, and the
Contractor has promptly given written notice of such delay to the Owner or
Engineer.
1. To any preference, priority, or allocation order duly issued by the Owner.
2. To unforeseeable causes beyond the control and without the fault or negligence
of the Contractor, including but not restricted to, acts of God, or of the public
enemy, acts of the Owner, acts of another Contractor in the performance of a
contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes,
freight embargoes, and abnormal and unforeseeable weather as provided above;
and
3. To any delays of Subcontractors occasioned by any of the causes specified in
paragraphs 1 and 2, above.
SC-13.12 Correction Period
Delete the complete paragraph
SC-14.15.1- Waiver of Claims- Amended in its entirety to read:
14.15.1 a waiver of all claims by Owner against Contractor, except claims arising
from unsettled Liens, from defective Work identified and reported to
Contractor during final inspection pursuant to 14.11, from failure to comply
with the Contract Documents, or the terms of any specific guarantees or
warranties specified therein, or from Contractors’ continuing obligations
under the Contract Documents;
SC-17.6.1 Delete the complete paragraph
SC-DB Davis Bacon Wage Rates
A. The terms and conditions set forth in the following pages are hereby
incorporated as part of this Agreement.
SC-FED Federal Terms & Conditions
A. The terms and conditions set forth in the following pages are hereby incorporated
as part of this Agreement.
DAVIS BACON WAGE RATES
General Decision Number: CO160024 01/08/2016 CO24
Superseded General Decision Number: CO20150024
State: Colorado
Construction Type: Highway
Counties: Larimer, Mesa and Weld Counties in Colorado.
HIGHWAY CONSTRUCTION PROJECTS
Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year
2016 applies to all contracts subject to the Davis-Bacon Act for which the solicitation was issued
on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all
workers in any classification listed on this wage determination at least $10.15 (or the applicable
wage rate listed on this wage determination, if it is higher) for all hours spent performing on the
contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional
information on contractor requirements and worker protections under the EO is available at
www.dol.gov/whd/govcontracts.
Modification Number 0 Publication Date 01/08/2016
* ENGI0009-012 10/23/2013
Rates Fringes
POWER EQUIPMENT OPERATOR:
(3)- Drill Rig Caisson (smaller than Watson 2500
and similar) .......................................................................... $ 24.73 9.15
(4)-Oiler
Weld County ........................................................................ $ 24.88 9.15
(5)-Drill Rig Caisson (Watson 2500 similar or larger) .......... $ 25.04 9.15
----------------------------------------------------------------------------------------------------------------------------
SUCO2011-009 09/15/2011
Rates Fringes
CARPENTER
Excludes Form Work ............................................................ $ 20.72 5.34
Form Work Only
Larimer, Mesa ...................................................................... $ 18.79 3.67
Weld ..................................................................................... $ 16.54 3.90
CEMENT MASON/CONCRETE FINISHER
Larimer.....................$ 16.05 ................................................ 3.00
Mesa .................................................................................... $ 17.53 3.00
Weld ..................................................................................... $ 17.48 3.00
ELECTRICIAN
Excludes Traffic Signalization
Weld ..................................................................................... $ 33.45 7.58
Traffic Signaliztion
Weld. .................................................................................... $ 25.84 6.66
FENCE ERECTOR
Weld ..................................................................................... $ 17.46 3.47
GUARDRAIL INSTALLER
Larmer, Weld ....................................................................... $ 12.89 3.39
HIGHWAY/PARKING LOT STRIPING: Painter
Larimer ................................................................................. $ 14.79 3.98
Mesa .................................................................................... $ 14.75 3.21
Weld ..................................................................................... $ 14.66 3.21
IRONWORKER, REINFORCING
(Excludes Guardrail Installation)
Larimer, Weld ....................................................................... $ 16.69 5.45
IRONWORKER, STRUCTURAL
(Excludes Guardrail Installation)
Larimer, Weld ....................................................................... $ 18.22 6.01
LABORER
Asphalt Raker
Larimer ................................................................................. $ 18.66 4.66
Weld ..................................................................................... $ 16.72 4.25
Asphalt Shoveler .................................................................. $ 21.21 4.25
Asphalt Spreader ................................................................. $ 18.58 4.65
Common or General ............................................................ $ 16.29 4.25
Concrete Saw (Hand Held) .................................................. $ 16.29 6.14
Landscape and Irrigation ..................................................... $ 12.26 3.16
Mason Tender- Cement/Concrete ....................................... $ 16.29 4.25
Pipelayer
Larimer ................................................................................. $ 17.27 3.83
Mesa, Weld .......................................................................... $ 16.23 3.36
Traffic Control (Flagger) ....................................................... $ 9.55 3.05
Traffic Control (Sets Up/Moves Barrels, Cones, Install
Signs, Arrow Boards and Place Stationary Flags)
(Excludes Flaggers)
Larimer, Weld ....................................................................... $ 12.43 3.22
PAINTER (Spray Only) ........................................................ $ 16.99 2.87
POWER EQUIPMENT OPERATOR:
Asphalt Laydown
Larimer ................................................................................. $ 26.75 5.39
Mesa,Weld ........................................................................... $ 23.93 7.72
Asphalt Paver ....................................................................... $ 21.50 3.50
Asphalt Roller
Larimer ................................................................................. $ 23.57 3.50
Mesa .................................................................................... $ 24.25 3.50
Weld ..................................................................................... $ 27.23 3.50
Asphalt Spreader
Larimer ................................................................................. $ 25.88 6.80
Mesa, Weld .......................................................................... $ 23.66 7.36
Backhoe/Trackhoe
Larimer ................................................................................. $ 21.46 4.85
Mesa .................................................................................... $ 19.81 6.34
Weld ..................................................................................... $ 20.98 6.33
Bobcat/Skid Loader
Larimer ................................................................................. $ 17.13 4.46
Mesa, Weld .......................................................................... $ 15.37 4.28
Boom .................................................................................... $ 22.67 8.72
Broom/Sweeper
Larimer ................................................................................. $ 23.55 6.20
Mesa .................................................................................... $ 23.38 6.58
Weld ..................................................................................... $ 23.23 6.89
Bulldozer
Larimer, Weld ....................................................................... $ 22.05 6.23
Mesa .................................................................................... $ 22.67 8.72
Crane ................................................................................... $ 26.75 6.16
Drill
Larimer, Weld ....................................................................... $ 31.39 0.00
Mesa .................................................................................... $ 35.06 0.00
Forklift .................................................................................. $ 15.91 4.68
Grader/Blade
Larimer ................................................................................. $ 24.82 5.75
Mesa .................................................................................... $ 23.42 9.22
Weld ..................................................................................... $ 24.53 6.15
Guardrail/Post Driver ........................................................... $ 16.07 4.41
Loader (Front End)
Larimer ................................................................................. $ 20.45 3.50
Mesa. ................................................................................... $ 22.44 9.22
Weld ..................................................................................... $ 23.92 6.67
Mechanic
Larimer ................................................................................. $ 27.68 4.57
Mesa .................................................................................... $ 25.50 5.38
Weld ..................................................................................... $ 24.67 5.68
Oiler
Larimer ................................................................................. $ 24.16 8.35
Mesa .................................................................................... $ 23.93 9.22
Roller/Compactor (Dirt and Grade Compaction)
Mesa, Weld .......................................................................... $ 21.33 6.99
Roller/Compactor (Dirt and Grade Compaction
Larimer ................................................................................. $ 23.67 8.22
Rotomill
Larimer ................................................................................. $ 18.59 4.41
Weld ..................................................................................... $ 16.22 4.41
Scraper
Larimer ................................................................................. $ 21.33 3.50
Mesa .................................................................................... $ 24.06 4.13
Weld ..................................................................................... $ 30.14 1.40
Screed
Larimer ................................................................................. $ 27.20 5.52
Mesa .................................................................................... $ 27.24 5.04
Weld. .................................................................................... $ 27.95 3.50
Tractor .................................................................................. $ 13.13 2.95
TRAFFIC SIGNALIZATION:
Groundsman
Larimier ................................................................................ $ 11.44 2.84
Mesa .................................................................................... $ 16.00 5.85
Weld ..................................................................................... $ 16.93 3.58
TRUCK DRIVER
Distributor
Larimer ................................................................................. $ 19.28 4.89
Mesa .................................................................................... $ 19.17 4.84
Weld ..................................................................................... $ 20.61 5.27
Dump Truck
Larimer ................................................................................. $ 18.86 3.50
Mesa .................................................................................... $ 15.27 4.28
Weld ..................................................................................... $ 15.27 5.27
Lowboy Truck
Larimer ................................................................................. $ 18.96 5.30
Mesa,Weld ........................................................................... $ 18.84 5.17
Mechanic .............................................................................. $ 26.48 3.50
Multi-Purpose Specialty & Hoisting Truck
Larimer, Mesa ...................................................................... $ 16.65 5.46
Weld ..................................................................................... $ 16.87 5.56
Pickup and Pilot Car ............................................................ $ 13.93 3.68
Semi/Trailer Truck ................................................................ $ 18.39 4.13
Truck Mounted Attenuator ................................................... $ 12.43 3.22
Water Truck
Larimer ................................................................................. $ 19.14 4.99
Mesa .................................................................................... $ 15.96 5.27
Weld ..................................................................................... $ 19.28 5.04
----------------------------------------------------------------------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing operation to which welding is
incidental.
================================================================
Unlisted classifications needed for work not included within the scope of the classifications listed
may be added after award only as provided in the labor standards contract clauses (29CFR 5.5
(a) (1) (ii)).
----------------------------------------------------------------------------------------------------------------------------
The body of each wage determination lists the classification and wage rates that have been
found to be prevailing for the cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical order of "identifiers" that indicate
whether the particular rate is a union rate (current union negotiated rate for local), a survey rate
(weighted average rate) or a union average rate (weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with
characters other than "SU" or "UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is
an abbreviation identifier of the union which prevailed in the survey for this classification, which
in this example would be Plumbers. 0198 indicates the local union number or district council
number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is
an internal number used in processing the wage determination. 07/01/2014 is the effective date
of the most current negotiated rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining
agreement (CBA) governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that no one rate prevailed for this
classification in the survey and the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that classification. As this weighted
average rate includes all rates reported in the survey, it may include both union and non-union
rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a
weighted average calculation of rates and are not majority rates. LA indicates the State of
Louisiana. 2012 is the year of survey on which these classifications and rates are based. The
next number, 007 in the example, is an internal number used in producing the wage
determination. 5/13/2014 indicates the survey completion date for the classifications and rates
under that identifier.
Survey wage rates are not updated and remain in effect until a new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed
for those classifications; however, 100% of the data reported for the classifications was union
data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in the example, is an internal
number used in producing the wage determination. 08/29/2014 indicates the survey completion
date for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted
average of the current negotiated/CBA rate of the union locals from which the rate is based.
----------------------------------------------------------------------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should
be with the Wage and Hour Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the Davis-Bacon survey program. If the
response from this initial contact is not satisfactory, then the process described in 2.) and 3.)
should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact
should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W. Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the
action) can request review and reconsideration from the Wage and Hour Administrator (See 29
CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W. Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by
any information (wage payment data, project description, area practice material, etc.) that the
requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to
the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W. Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
================================================================
END OF GENERAL DECISION
1
FHWA-1273 -- Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Nonsegregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Compliance with Governmentwide Suspension and
Debarment Requirements
XI. Certification Regarding Use of Contract Funds for
Lobbying
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each
construction contract funded under Title 23 (excluding
emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this form in each
subcontract and further require its inclusion in all lower tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider.
Form FHWA-1273 must be included in all Federal-aid design-
build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services,
purchase orders, rental agreements and other agreements for
supplies or services). The design-builder shall be responsible
for compliance by any subcontractor, lower-tier subcontractor
or service provider.
Contracting agencies may reference Form FHWA-1273 in bid
proposal or request for proposal documents, however, the
Form FHWA-1273 must be physically incorporated (not
referenced) in all contracts, subcontracts and lower-tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services related to a
construction contract).
2. Subject to the applicability criteria noted in the following
sections, these contract provisions shall apply to all work
performed on the contract by the contractor's own organization
and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the
contract by piecework, station work, or by subcontract.
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment
2
this contract. The provisions of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR
35 and 29 CFR 1630 are incorporated by reference in this
contract. In the execution of this contract, the contractor
agrees to comply with the following minimum specific
requirement activities of EEO:
a. The contractor will work with the contracting agency and
the Federal Government to ensure that it has made every
good faith effort to provide equal opportunity with respect to all
of its terms and conditions of employment and in their review
of activities under the contract.
b. The contractor will accept as its operating policy the
following statement:
"It is the policy of this Company to assure that applicants
are employed, and that employees are treated during
employment, without regard to their race, religion, sex, color,
national origin, age or disability. Such action shall include:
employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training,
including apprenticeship, pre-apprenticeship, and/or on-the-
job training."
2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program and who
must be assigned adequate authority and responsibility to do
so.
3. Dissemination of Policy: All members of the contractor's
staff who are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action, or who
are substantially involved in such action, will be made fully
cognizant of, and will implement, the contractor's EEO policy
and contractual responsibilities to provide EEO in each grade
and classification of employment. To ensure that the above
agreement will be met, the following actions will be taken as a
minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
not less often than once every six months, at which time the
contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by
the EEO Officer.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering
all major aspects of the contractor's EEO obligations within
thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the
contractor's procedures for locating and hiring minorities and
women.
d. Notices and posters setting forth the contractor's EEO
policy will be placed in areas readily accessible to employees,
applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of
employees by means of meetings, employee handbooks, or
other appropriate means.
4. Recruitment: When advertising for employees, the
3
applicants for employment or current employees. Such efforts
should be aimed at developing full journey level status
employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirements
and as permissible under Federal and State regulations, the
contractor shall make full use of training programs, i.e.,
apprenticeship, and on-the-job training programs for the
geographical area of contract performance. In the event a
special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and
promotion potential of employees who are minorities and
women and will encourage eligible employees to apply for
such training and promotion.
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. Actions by
the contractor, either directly or through a contractor's
association acting as agent, will include the procedures set
forth below:
a. The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs aimed
toward qualifying more minorities and women for membership
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such
union will be contractually bound to refer applicants without
regard to their race, color, religion, sex, national origin, age or
disability.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to
the contracting agency and shall set forth what efforts have
been made to obtain such information.
d. In the event the union is unable to provide the contractor
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement, the contractor will,
through independent recruitment efforts, fill the employment
vacancies without regard to race, color, religion, sex, national
origin, age or disability; making full efforts to obtain qualified
and/or qualifiable minorities and women. The failure of a union
to provide sufficient referrals (even though it is obligated to
provide exclusive referrals under the terms of a collective
bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these
special provisions, such contractor shall immediately notify the
contracting agency.
4
will be required to collect and report training data. The
employment data should reflect the work force on board during
all or any part of the last payroll period preceding the end of
July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction
contracts and to all related construction subcontracts of
$10,000 or more.
The contractor must ensure that facilities provided for
employees are provided in such a manner that segregation on
the basis of race, color, religion, sex, or national origin cannot
result. The contractor may neither require such segregated
use by written or oral policies nor tolerate such use by
employee custom. The contractor's obligation extends further
to ensure that its employees are not assigned to perform their
services at any location, under the contractor's control, where
the facilities are segregated. The term "facilities" includes
waiting rooms, work areas, restaurants and other eating areas,
time clocks, restrooms, washrooms, locker rooms, and other
storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing
provided for employees. The contractor shall provide separate
or single-user restrooms and necessary dressing or sleeping
areas to assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction
projects exceeding $2,000 and to all related subcontracts and
lower-tier subcontracts (regardless of subcontract size). The
requirements apply to all projects located within the right-of-
way of a roadway that is functionally classified as Federal-aid
highway. This excludes roadways functionally classified as
local roads or rural minor collectors, which are exempt.
Contracting agencies may elect to apply these requirements to
other projects.
The following provisions are from the U.S. Department of
Labor regulations in 29 CFR 5.5 “Contract provisions and
related matters” with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements.
1. Minimum wages
a. All laborers and mechanics employed or working upon
the site of the work, will be paid unconditionally and not less
often than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor
under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics.
Contributions made or costs reasonably anticipated for bona
fide fringe benefits under section 1(b)(2) of the Davis-Bacon
Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions
of paragraph 1.d. of this section; also, regular contributions
made or costs incurred for more than a weekly period (but not
less often than quarterly) under plans, funds, or programs
5
will notify the contracting officer within the 30-day period that
additional time is necessary.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or
1.b.(3) of this section, shall be paid to all workers performing
work in the classification under this contract from the first
day on which work is performed in the classification.
c. Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contractor
shall either pay the benefit as stated in the wage determination
or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
d. If the contractor does not make payments to a trustee or
other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits
under a plan or program, Provided, That the Secretary of
Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis-Bacon Act have
been met. The Secretary of Labor may require the contractor
to set aside in a separate account assets for the meeting of
obligations under the plan or program.
2. Withholding
The contracting agency shall upon its own action or upon
written request of an authorized representative of the
Department of Labor, withhold or cause to be withheld from
the contractor under this contract, or any other Federal
contract with the same prime contractor, or any other federally-
assisted contract subject to Davis-Bacon prevailing wage
requirements, which is held by the same prime contractor, so
much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee, or
helper, employed or working on the site of the work, all or part
of the wages required by the contract, the contracting agency
may, after written notice to the contractor, take such action as
may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such violations
have ceased.
3. Payrolls and basic records
a. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers
and mechanics working at the site of the work. Such records
shall contain the name, address, and social security number of
each such worker, his or her correct classification, hourly rates
of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section 1(b)(2)(B) of the
Davis-Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that
the wages of any laborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis-
6
(3) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WH–347 shall satisfy the requirement for submission of the
“Statement of Compliance” required by paragraph 3.b.(2) of
this section.
(4) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 of
title 31 of the United States Code.
c. The contractor or subcontractor shall make the records
required under paragraph 3.a. of this section available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the
FHWA, or the Department of Labor, and shall permit such
representatives to interview employees during working hours
on the job. If the contractor or subcontractor fails to submit the
required records or to make them available, the FHWA may,
after written notice to the contractor, the contracting agency or
the State DOT, take such action as may be necessary to
cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required
records upon request or to make such records available may
be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and trainees
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with
a State Apprenticeship Agency recognized by the Office, or if a
person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but
who has been certified by the Office of Apprenticeship
Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job
site in any craft classification shall not be greater than the ratio
permitted to the contractor as to the entire work force under
the registered program. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination
for the work actually performed. Where a contractor is
performing construction on a project in a locality other than
that in which its program is registered, the ratios and wage
rates (expressed in percentages of the journeyman's hourly
rate) specified in the contractor's or subcontractor's registered
program shall be observed.
Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeymen hourly
7
d. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and
skill training programs which have been certified by the
Secretary of Transportation as promoting EEO in connection
with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV.
The straight time hourly wage rates for apprentices and
trainees under such programs will be established by the
particular programs. The ratio of apprentices and trainees to
journeymen shall not be greater than permitted by the terms of
the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor shall insert
Form FHWA-1273 in any subcontracts and also require the
subcontractors to include Form FHWA-1273 in any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor
with all the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis-
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract.
9. Disputes concerning labor standards. Disputes arising
out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract. Such
disputes shall be resolved in accordance with the procedures
of the Department of Labor set forth in 29 CFR parts 5, 6, and
7. Disputes within the meaning of this clause include disputes
between the contractor (or any of its subcontractors) and the
contracting agency, the U.S. Department of Labor, or the
employees or their representatives.
10. Certification of eligibility.
a. By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an
interest in the contractor's firm is a person or firm ineligible to
be awarded Government contracts by virtue of section 3(a) of
the Davis-Bacon Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person
or firm ineligible for award of a Government contract by virtue
of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
c. The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001.
V. CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
The following clauses apply to any Federal-aid construction
contract in an amount in excess of $100,000 and subject to the
overtime provisions of the Contract Work Hours and Safety
Standards Act. These clauses shall be inserted in addition to
the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As
used in this paragraph, the terms laborers and mechanics
include watchmen and guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
8
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction
contracts on the National Highway System.
1. The contractor shall perform with its own organization
contract work amounting to not less than 30 percent (or a
greater percentage if specified elsewhere in the contract) of
the total original contract price, excluding any specialty items
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such
specialty items performed may be deducted from the total
original contract price before computing the amount of work
required to be performed by the contractor's own organization
(23 CFR 635.116).
a. The term “perform work with its own organization” refers
to workers employed or leased by the prime contractor, and
equipment owned or rented by the prime contractor, with or
without operators. Such term does not include employees or
equipment of a subcontractor or lower tier subcontractor,
agents of the prime contractor, or any other assignees. The
term may include payments for the costs of hiring leased
employees from an employee leasing firm meeting all relevant
Federal and State regulatory requirements. Leased
employees may only be included in this term if the prime
contractor meets all of the following conditions:
(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality
of the work of the leased employees;
(3) the prime contractor retains all power to accept or
exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all
other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work
that requires highly specialized knowledge, abilities, or
equipment not ordinarily available in the type of contracting
organizations qualified and expected to bid or propose on the
contract as a whole and in general are to be limited to minor
components of the overall contract.
2. The contract amount upon which the requirements set forth
in paragraph (1) of Section VI is computed includes the cost of
material and manufactured products which are to be
purchased or produced by the contractor under the contract
provisions.
3. The contractor shall furnish (a) a competent superintendent
or supervisor who is employed by the firm, has full authority to
direct performance of the work in accordance with the contract
requirements, and is in charge of all construction operations
(regardless of who performs the work) and (b) such other of its
own organizational resources (supervision, management, and
engineering services) as the contracting officer determines is
necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the
contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
9
"Whoever, being an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether a
person, association, firm, or corporation, knowingly makes any
false statement, false representation, or false report as to the
character, quality, quantity, or cost of the material used or to
be used, or the quantity or quality of the work performed or to
be performed, or the cost thereof in connection with the
submission of plans, maps, specifications, contracts, or costs
of construction on any highway or related project submitted for
approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to
be performed, or materials furnished or to be furnished, in
connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate,
or report submitted pursuant to provisions of the Federal-aid
Roads Act approved July 1, 1916, (39 Stat. 355), as amended
and supplemented;
Shall be fined under this title or imprisoned not more than 5
years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
By submission of this bid/proposal or the execution of this
contract, or subcontract, as appropriate, the bidder, proposer,
Federal-aid construction contractor, or subcontractor, as
appropriate, will be deemed to have stipulated as follows:
1. That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an
award due to a violation of Section 508 of the Clean Water Act
or Section 306 of the Clean Air Act.
2. That the contractor agrees to include or cause to be
included the requirements of paragraph (1) of this Section X in
every subcontract, and further agrees to take such action as
the contracting agency may direct as a means of enforcing
such requirements.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal-aid construction
contracts, design-build contracts, subcontracts, lower-tier
subcontracts, purchase orders, lease agreements, consultant
contracts or any other covered transaction requiring FHWA
approval or that is estimated to cost $25,000 or more – as
defined in 2 CFR Parts 180 and 1200.
1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective
first tier participant is providing the certification set out below.
b. The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
covered transaction. The prospective first tier participant shall
submit an explanation of why it cannot provide the certification
set out below. The certification or explanation will be
considered in connection with the department or agency's
determination whether to enter into this transaction. However,
10
i. Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant
is not required to exceed that which is normally possessed by
a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause
or default.
* * * * *
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:
a. The prospective first tier participant certifies to the best of
its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency;
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing
a public (Federal, State or local) transaction or contract under
a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in
paragraph (a)(2) of this certification; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default.
b. Where the prospective participant is unable to certify to
any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
2. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other
lower tier transactions requiring prior FHWA approval or
estimated to cost $25,000 or more - 2 CFR Parts 180 and
1200)
a. By signing and submitting this proposal, the prospective
lower tier is providing the certification set out below.
b. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction
was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the
Federal Government, the department, or agency with which
this transaction originated may pursue available remedies,
including suspension and/or debarment.
c. The prospective lower tier participant shall provide
11
department or agency with which this transaction originated
may pursue available remedies, including suspension and/or
debarment.
* * * * *
Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
1. The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in
covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to
certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this
proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts which exceed
$100,000 (49 CFR 20).
1. The prospective participant certifies, by signing and
submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its
bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.
12
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS
This provision is applicable to all Federal-aid projects funded
under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor
undertaking to do work which is, or reasonably may be, done
as on-site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated, or the subregion, or the
Appalachian counties of the State wherein the contract work is
situated, except:
a. To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph (1c) shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work, except as provided in
subparagraph (4) below.
2. The contractor shall place a job order with the State
Employment Service indicating (a) the classifications of the
laborers, mechanics and other employees required to perform
the contract work, (b) the number of employees required in
each classification, (c) the date on which the participant
estimates such employees will be required, and (d) any other
pertinent information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course of the contract work, the
information submitted by the contractor in the original job order
is substantially modified, the participant shall promptly notify
the State Employment Service.
3. The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
any job applicants who, in his opinion, are not qualified to
perform the classification of work required.
4. If, within one week following the placing of a job order by
the contractor with the State Employment Service, the State
Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the
contractor's permanent project records. Upon receipt of this
certificate, the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate, notwithstanding the provisions of subparagraph (1c)
above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
FEDERAL TERMS & CONDITIONS
NO GOVERNMENT OBLIGATION TO THIRD PARTIES
Applicability to Contracts
Applicable to all contracts.
Flow Down
Not required by statute or regulation for either primary contractors or subcontractors, this
concept should flow down to all levels to clarify, to all parties to the contract, that the
Federal Government does not have contractual liability to third parties, absent specific
written consent.
Model Clause/Language
While no specific language is required, FTA has developed the following language.
No Obligation by the Federal Government.
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of
the underlying contract, absent the express written consent by the Federal
Government, the Federal Government is not a party to this contract and shall not be
subject to any obligations or liabilities to the Purchaser, Contractor, or any other party
(whether or not a party to that contract) pertaining to any matter resulting from the
underlying contract.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS
(31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307)
Applicability to Contracts
These requirements are applicable to all contracts.
Flow Down
These requirements flow down to contractors and subcontractors who make, present, or
submit covered claims and statements.
Model Clause/Language
These requirements have no specified language, so FTA proffers the following language.
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations,
"Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to
this Project. Upon execution of the underlying contract, the Contractor certifies or
affirms the truthfulness and accuracy of any statement it has made, it makes, it may
make, or causes to be made, pertaining to the underlying contract or the FTA assisted
project for which this contract work is being performed. In addition to other penalties
that may be applicable, the Contractor further acknowledges that if it makes, or causes
to be made, a false, fictitious, or fraudulent claim, statement, submission, or
certification, the Federal Government reserves the right to impose the penalties of the
Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal
Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in part
with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. §
5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001
and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government
deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the
clauses shall not be modified, except to identify the subcontractor who will be subject to
the provisions.
ACCESS TO RECORDS AND REPORTS
(49 U.S.C. 5325, 18 CFR 18.36 (i), 49 CFR 633.17)
Applicability to Contracts
Reference Chart "Requirements for Access to Records and Reports by Type of Contracts"
Flow Down
FTA does not require the inclusion of these requirements in subcontracts.
Model Clause/Language
The specified language is not mandated by the statutes or regulations referenced, but the
language provided paraphrases the statutory or regulatory language.
Access to Records - The following access to records requirements apply to this Contract:
1. Where the Purchaser is not a State but a local government and is the FTA Recipient or
a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the
Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller
General of the United States or any of their authorized representatives access to any
books, documents, papers and records of the Contractor which are directly pertinent to
this contract for the purposes of making audits, examinations, excerpts and
transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the
FTA Administrator or his authorized representatives including any PMO Contractor
access to Contractor's records and construction sites pertaining to a major capital
project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance
through the programs described at 49 U.S.C. 5307, 5309 or 5311.
2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA
Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the
Purchaser, the FTA Administrator or his authorized representatives, including any
PMO Contractor, access to the Contractor's records and construction sites pertaining
to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal
financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.
By definition, a major capital project excludes contracts of less than the simplified
acquisition threshold currently set at $100,000.
3. Where the Purchaser enters into a negotiated contract for other than a small purchase
or under the simplified acquisition threshold and is an institution of higher education, a
hospital or other non-profit organization and is the FTA Recipient or a subgrantee of
the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide
the Purchaser, FTA Administrator, the Comptroller General of the United States or any
of their duly authorized representatives with access to any books, documents, papers
and record of the Contractor which are directly pertinent to this contract for the
purposes of making audits, examinations, excerpts and transcriptions.
4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient
in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or
improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding,
the Contractor shall make available records related to the contract to the Purchaser,
the Secretary of Transportation and the Comptroller General or any authorized officer
or employee of any of them for the purposes of conducting an audit and inspection.
5. The Contractor agrees to permit any of the foregoing parties to reproduce by any
means whatsoever or to copy excerpts and transcriptions as reasonably needed.
6. The Contractor agrees to maintain all books, records, accounts and reports required
under this contract for a period of not less than three years after the date of termination
or expiration of this contract, except in the event of litigation or settlement of claims
arising from the performance of this contract, in which case Contractor agrees to
maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or
any of their duly authorized representatives, have disposed of all such litigation,
appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
7. FTA does not require the inclusion of these requirements in subcontracts.
Requirements for Access to Records and Reports by Types of Contract
Contract
Characteristics
Operational
Service
Contract
Turnkey Construction Architectural
Engineering
Acquisition
of Rolling
Stock
Professional
Services
I State Grantees
a. Contracts
below SAT
($100,000)
b. Contracts
above
$100,000/Capital
Projects
None
None
unless1 non-
competitive
award
Those imposed
on state pass
thru to
Contractor
None
Yes, if non-
competitive
award or if
funded thru2
5307/5309/53
11
None
None unless
3 18 CFR 18.36 (i)
FEDERAL CHANGES
(49 CFR Part 18)
Applicability to Contracts
The Federal Changes requirement applies to all contracts.
Flow Down
The Federal Changes requirement flows down appropriately to each applicable changed
requirement.
Model Clause/Language
No specific language is mandated. The following language has been developed by FTA.
Federal Changes - Contractor shall at all times comply with all applicable FTA
regulations, policies, procedures and directives, including without limitation those listed
directly or by reference in the Master Agreement between Purchaser and FTA, as they
may be amended or promulgated from time to time during the term of this contract.
Contractor's failure to so comply shall constitute a material breach of this contract.
CIVIL RIGHTS REQUIREMENTS
(29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. §
12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq.)
Applicability to Contracts
The Civil Rights Requirements apply to all contracts.
Flow Down
The Civil Rights requirements flow down to all third party contractors and their contracts at
every tier.
Model Clause/Language
The following clause was predicated on language contained at 49 CFR Part 19, Appendix
A, but FTA has shortened the lengthy text.
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42
U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. §
12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will
not discriminate against any employee or applicant for employment because of race,
color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees
to comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C.
§ 5332, the Contractor agrees to comply with all applicable equal employment
opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive
Order No. 11246, "Equal Employment Opportunity," as amended by Executive
Order No. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable
Federal statutes, executive orders, regulations, and Federal policies that may in
the future affect construction activities undertaken in the course of the Project. The
Contractor agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to
their race, color, creed, national origin, sex, or age. Such action shall include, but
not be limited to, the following: 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. In
addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332,
the Contractor agrees to refrain from discrimination against present and
prospective employees for reason of age. In addition, the Contractor agrees to
comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act,
as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities
Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In
addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed
in whole or in part with Federal assistance provided by FTA, modified only if necessary
to identify the affected parties.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
(FTA Circular 4220.1E)
Applicability to Contracts
The incorporation of FTA terms applies to all contracts.
Flow Down
The incorporation of FTA terms has unlimited flow down.
Model Clause/Language
FTA has developed the following incorporation of terms language:
Incorporation of Federal Transit Administration (FTA) Terms - The preceding
provisions include, in part, certain Standard Terms and Conditions required by DOT,
whether or not expressly set forth in the preceding contract provisions. All contractual
provisions required by DOT, as set forth in FTA Circular 4220.1E, are hereby incorporated
by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms
shall be deemed to control in the event of a conflict with other provisions contained in this
Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to
comply with any (name of grantee) requests which would cause (name of grantee) to be in
violation of the FTA terms and conditions.
ENERGY CONSERVATION REQUIREMENTS
(42 U.S.C. 6321 et seq. 49 CFR Part 18)
Applicability to Contracts
The Energy Conservation requirements are applicable to all contracts.
Flow Down
The Energy Conservation requirements extend to all third party contractors and their
contracts at every tier and subrecipients and their subagreements at every tier.
Model Clause/Language
No specific clause is recommended in the regulations because the Energy Conservation
requirements are so dependent on the state energy conservation plan. The following
language has been developed by FTA:
Energy Conservation - The contractor agrees to comply with mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation
plan issued in compliance with the Energy Policy and Conservation Act.
TERMINATION
(49 U.S.C. Part 18 FTA Circular 4220.1E)
Applicability to Contracts
All contracts (with the exception of contracts with nonprofit organizations and institutions of
higher education,) in excess of $10,000 shall contain suitable provisions for termination by
the grantee including the manner by which it will be effected and the basis for settlement.
(For contracts with nonprofit organizations and institutions of higher education the
threshold is $100,000.) In addition, such contracts shall describe conditions under which
the contract may be terminated for default as well as conditions where the contract may be
terminated because of circumstances beyond the control of the contractor.
Flow Down
The termination requirements flow down to all contracts in excess of $10,000, with the
exception of contracts with nonprofit organizations and institutions of higher learning.
Model Clause/Language
FTA does not prescribe the form or content of such clauses. The following are
suggestions of clauses to be used in different types of contracts:
a. Termination for Convenience (General Provision) The (Recipient) may terminate
this contract, in whole or in part, at any time by written notice to the Contractor when it
is in the Government's best interest. The Contractor shall be paid its costs, including
contract close-out costs, and profit on work performed up to the time of termination.
The Contractor shall promptly submit its termination claim to (Recipient) to be paid the
Contractor. If the Contractor has any property in its possession belonging to the
(Recipient), the Contractor will account for the same, and dispose of it in the manner
the (Recipient) directs.
b. Termination for Default [Breach or Cause] (General Provision) If the Contractor
does not deliver supplies in accordance with the contract delivery schedule, or, if the
contract is for services, the Contractor fails to perform in the manner called for in the
contract, or if the Contractor fails to comply with any other provisions of the contract,
the (Recipient) may terminate this contract for default. Termination shall be effected
by serving a notice of termination on the contractor setting forth the manner in which
the Contractor is in default. The contractor will only be paid the contract price for
supplies delivered and accepted, or services performed in accordance with the manner
of performance set forth in the contract.
If it is later determined by the (Recipient) that the Contractor had an excusable reason
for not performing, such as a strike, fire, or flood, events which are not the fault of or
are beyond the control of the Contractor, the (Recipient), after setting up a new
delivery of performance schedule, may allow the Contractor to continue work, or treat
the termination as a termination for convenience.
c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in
the case of a termination for breach or default, allow the Contractor [an appropriately
short period of time] in which to cure the defect. In such case, the notice of termination
will state the time period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of
the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt
by Contractor of written notice from (Recipient) setting forth the nature of said breach
or default, (Recipient) shall have the right to terminate the Contract without any further
obligation to Contractor. Any such termination for default shall not in any way operate
to preclude (Recipient) from also pursuing all available remedies against Contractor
and its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its
remedies for any breach by Contractor of any covenant, term or condition of this
Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any
succeeding breach of that or of any other term, covenant, or condition of this Contract.
e. Termination for Convenience (Professional or Transit Service Contracts) The
(Recipient), by written notice, may terminate this contract, in whole or in part, when it is
in the Government's interest. If this contract is terminated, the Recipient shall be liable
only for payment under the payment provisions of this contract for services rendered
before the effective date of termination.
f. Termination for Default (Supplies and Service) If the Contractor fails to deliver
supplies or to perform the services within the time specified in this contract or any
extension or if the Contractor fails to comply with any other provisions of this contract,
the (Recipient) may terminate this contract for default. The (Recipient) shall terminate
by delivering to the Contractor a Notice of Termination specifying the nature of the
default. The Contractor will only be paid the contract price for supplies delivered and
accepted, or services performed in accordance with the manner or performance set
forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the
Contractor was not in default, the rights and obligations of the parties shall be the
same as if the termination had been issued for the convenience of the Recipient.
g. Termination for Default (Transportation Services) If the Contractor fails to pick up
the commodities or to perform the services, including delivery services, within the time
specified in this contract or any extension or if the Contractor fails to comply with any
other provisions of this contract, the (Recipient) may terminate this contract for default.
The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination
specifying the nature of default. The Contractor will only be paid the contract price for
services performed in accordance with the manner of performance set forth in this
contract.
If this contract is terminated while the Contractor has possession of Recipient goods,
the Contractor shall, upon direction of the (Recipient), protect and preserve the goods
until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall
agree on payment for the preservation and protection of goods. Failure to agree on an
amount will be resolved under the Dispute clause.
If, after termination for failure to fulfill contract obligations, it is determined that the
Contractor was not in default, the rights and obligations of the parties shall be the
same as if the termination had been issued for the convenience of the (Recipient).
h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute
the work or any separable part, with the diligence that will insure its completion within
the time specified in this contract or any extension or fails to complete the work within
this time, or if the Contractor fails to comply with any other provisions of this contract,
the (Recipient) may terminate this contract for default. The (Recipient) shall terminate
by delivering to the Contractor a Notice of Termination specifying the nature of the
default. In this event, the Recipient may take over the work and compete it by contract
or otherwise, and may take possession of and use any materials, appliances, and
plant on the work site necessary for completing the work. The Contractor and its
sureties shall be liable for any damage to the Recipient resulting from the Contractor's
refusal or failure to complete the work within specified time, whether or not the
Contractor's right to proceed with the work is terminated. This liability includes any
increased costs incurred by the Recipient in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor charged
with damages under this clause if-
1. the delay in completing the work arises from unforeseeable causes beyond the
control and without the fault or negligence of the Contractor. Examples of such
causes include: acts of God, acts of the Recipient, acts of another Contractor in the
performance of a contract with the Recipient, epidemics, quarantine restrictions,
strikes, freight embargoes; and
2. the contractor, within [10] days from the beginning of any delay, notifies the
(Recipient) in writing of the causes of delay. If in the judgment of the (Recipient),
the delay is excusable, the time for completing the work shall be extended. The
judgment of the (Recipient) shall be final and conclusive on the parties, but subject
to appeal under the Disputes clauses.
If, after termination of the Contractor's right to proceed, it is determined that the
Contractor was not in default, or that the delay was excusable, the rights and
obligations of the parties will be the same as if the termination had been issued for the
convenience of the Recipient.
i. Termination for Convenience or Default (Architect and Engineering) The
(Recipient) may terminate this contract in whole or in part, for the Recipient's
convenience or because of the failure of the Contractor to fulfill the contract
obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of
Termination specifying the nature, extent, and effective date of the termination. Upon
receipt of the notice, the Contractor shall (1) immediately discontinue all services
affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer
all data, drawings, specifications, reports, estimates, summaries, and other information
and materials accumulated in performing this contract, whether completed or in
process.
If the termination is for the convenience of the Recipient, the Contracting Officer shall
make an equitable adjustment in the contract price but shall allow no anticipated profit
on unperformed services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the
Recipient may complete the work by contact or otherwise and the Contractor shall be
liable for any additional cost incurred by the Recipient.
If, after termination for failure to fulfill contract obligations, it is determined that the
Contractor was not in default, the rights and obligations of the parties shall be the
same as if the termination had been issued for the convenience of the Recipient.
j. Termination for Convenience of Default (Cost-Type Contracts) The (Recipient) may
terminate this contract, or any portion of it, by serving a notice or termination on the
Contractor. The notice shall state whether the termination is for convenience of the
(Recipient) or for the default of the Contractor. If the termination is for default, the
notice shall state the manner in which the contractor has failed to perform the
requirements of the contract. The Contractor shall account for any property in its
possession paid for from funds received from the (Recipient), or property supplied to
the Contractor by the (Recipient). If the termination is for default, the (Recipient) may
fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to
the value, if any, of work performed up to the time of termination. The Contractor shall
promptly submit its termination claim to the (Recipient) and the parties shall negotiate
the termination settlement to be paid the Contractor.
If the termination is for the convenience of the (Recipient), the Contractor shall be paid
its contract close-out costs, and a fee, if the contract provided for payment of a fee, in
proportion to the work performed up to the time of termination.
If, after serving a notice of termination for default, the (Recipient) determines that the
Contractor has an excusable reason for not performing, such as strike, fire, flood,
events which are not the fault of and are beyond the control of the contractor, the
(Recipient), after setting up a new work schedule, may allow the Contractor to continue
work, or treat the termination as a termination for convenience.
GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Background and Applicability
In conjunction with the Office of Management and Budget and other affected Federal
agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This
government-wide regulation implements Executive Order 12549, Debarment and
Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101
note (Section 2455, Public Law 103-355, 108 Stat. 3327).
The provisions of Part 29 apply to all grantee contracts and subcontracts at any level
expected to equal or exceed $25,000 as well as any contract or subcontract (at any level)
for Federally required auditing services. 49 CFR 29.220(b). This represents a change
from prior practice in that the dollar threshold for application of these rules has been
lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in
the regulation as “covered transactions.”
Grantees, contractors, and subcontractors (at any level) that enter into covered
transactions are required to verify that the entity (as well as its principals and affiliates)
they propose to contract or subcontract with is not excluded or disqualified. They do this
by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that
person, or (c) Adding a clause or condition to the contract or subcontract. This represents
a change from prior practice in that certification is still acceptable but is no longer required.
49 CFR 29.300.
Grantees, contractors, and subcontractors who enter into covered transactions also must
require the entities they contract with to comply with 49 CFR 29, subpart C and include
this requirement in their own subsequent covered transactions (i.e., the requirement flows
down to subcontracts at all levels).
Clause Language
The following clause language is suggested, not mandatory. It incorporates the optional
method of verifying that contractors are not excluded or disqualified by certification.
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the
contractor is required to verify that none of the contractor, its principals, as defined at 49
CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as
defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the
requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it
enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the City of
Fort Collins. If it is later determined that the bidder or proposer knowingly rendered an
erroneous certification, in addition to remedies available to the City of Fort Collins, the
Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. The bidder or proposer agrees to comply with the
requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of
any contract that may arise from this offer. The bidder or proposer further agrees to
include a provision requiring such compliance in its lower tier covered transactions.
BUY AMERICA REQUIREMENTS
(49 U.S.C. 5323(j) 49 CFR Part 661)
Applicability to Contracts
The Buy America requirements apply to the following types of contracts: Construction
Contracts and Acquisition of Goods or Rolling Stock (valued at more than $100,000).
Flow Down
The Buy America requirements flow down from FTA recipients and subrecipients to first
tier contractors, who are responsible for ensuring that lower tier contractors and
subcontractors are in compliance. The $100,000 threshold applies only to the grantee
contract, subcontracts under that amount are subject to Buy America.
Mandatory Clause/Language
The Buy America regulation, at 49 CFR 661.13, requires notification of the Buy America
requirements in FTA-funded contracts, but does not specify the language to be used. The
following language has been developed by FTA.
Buy America - The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part
661, which provide that Federal funds may not be obligated unless steel, iron, and
manufactured products used in FTA-funded projects are produced in the United States,
unless a waiver has been granted by FTA or the product is subject to a general waiver.
General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United
States for 15 passenger vans and 15 passenger wagons produced by Chrysler
Corporation, and microcomputer equipment and software. Separate requirements for
rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock
must be assembled in the United States and have a 60 percent domestic content.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America
certification (below) with all bids or offers on FTA-funded contracts, except those subject to
a general waiver. Bids or offers that are not accompanied by a completed Buy America
certification must be rejected as nonresponsive. This requirement does not apply to lower
tier subcontractors.
BIDDER MUST SIGN ONE (1) OF THE FOLLOWING:
Certification requirement for procurement of steel, iron, or manufactured products.
Certificate of Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C.
5323(j)(1) and the applicable regulations in 49 C.F.R. Part 661.5.
Date ___________________________________________________________________
Signature ________________________________________________________________
Company Name __________________________________________________________
Title ___________________________________________________________________
Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C. 5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49
U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.
Date ___________________________________________________________________
Signature _______________________________________________________________
Company Name __________________________________________________________
Title ___________________________________________________________________
Certification requirement for procurement of buses, other rolling stock and
associated equipment.
Certificate of Compliance with 49 U.S.C. 5323(j)(2)(C).
The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C.
5323(j)(2)(C) and the regulations at 49 C.F.R. Part 661.11.
Date ___________________________________________________________________
Signature _______________________________________________________________
Company Name __________________________________________________________
Title ___________________________________________________________________
Certificate of Non-Compliance with 49 U.S.C. 5323(j)(2)(C)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to
49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 CFR 661.7.
Date ___________________________________________________________________
Signature _______________________________________________________________
Company Name __________________________________________________________
Title ___________________________________________________________________
BREACHES AND DISPUTE RESOLUTION
(49 CFR Part 18FTA Circular 4220.1E)
Applicability to Contracts
All contracts in excess of $100,000 shall contain provisions or conditions which will allow
for administrative, contractual, or legal remedies in instances where contractors violate or
breach contract terms, and provide for such sanctions and penalties as may be
appropriate. This may include provisions for bonding, penalties for late or inadequate
performance, retained earnings, liquidated damages or other appropriate measures.
Flow Down
The Breaches and Dispute Resolutions requirements flow down to all tiers.
Model Clauses/Language
FTA does not prescribe the form or content of such provisions. What provisions are
developed will depend on the circumstances and the type of contract. Recipients should
consult legal counsel in developing appropriate clauses. The following clauses are
examples of provisions from various FTA third party contracts.
Disputes - Disputes arising in the performance of this Contract which are not resolved by
agreement of the parties shall be decided in writing by the authorized representative of
(Recipient)'s [title of employee]. This decision shall be final and conclusive unless within
[ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise
furnishes a written appeal to the [title of employee]. In connection with any such appeal,
the Contractor shall be afforded an opportunity to be heard and to offer evidence in
support of its position. The decision of the [title of employee] shall be binding upon the
Contractor and the Contractor shall abide be the decision.
Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall
continue performance under this Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to
person or property because of any act or omission of the party or of any of his employees,
agents or others for whose acts he is legally liable, a claim for damages therefor shall be
made in writing to such other party within a reasonable time after the first observance of
such injury of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes
and other matters in question between the (Recipient) and the Contractor arising out of or
relating to this agreement or its breach will be decided by arbitration if the parties mutually
agree, or in a court of competent jurisdiction within the State in which the (Recipient) is
located.
Rights and Remedies - The duties and obligations imposed by the Contract Documents
and the rights and remedies available thereunder shall be in addition to and not a limitation
of any duties, obligations, rights and remedies otherwise imposed or available by law. No
action or failure to act by the (Recipient), (Architect) or Contractor shall constitute a waiver
of any right or duty afforded any of them under the Contract, nor shall any such action or
failure to act constitute an approval of or acquiescence in any breach thereunder, except
as may be specifically agreed in writing.
LOBBYING
(31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20)
Applicability to Contracts
The Lobbying requirements apply to Construction/Architectural and
Engineering/Acquisition of Rolling Stock/Professional Service Contract/Operational
Service Contract/Turnkey contracts.
Flow Down
The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti-
Lobbying Amendment, 31 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, Section
7.
Mandatory Clause/Language
Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A.
Modifications have been made to the Clause pursuant to Section 10 of the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.]
- Lobbying Certification and Disclosure of Lobbying Activities for third party contractors
are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying
Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on
Lobbying," at 49 CFR § 20.110(d)
- Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A,
Section 7, which provides that contractors file the certification required by 49 CFR Part
20, Appendix A.
Modifications have been made to the Lobbying Certification pursuant to Section 10 of the
Lobbying Disclosure Act of 1995.
- Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B
of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions
on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix
A.
Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] -
Contractors who apply or bid for an award of $100,000 or more shall file the certification
required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant
under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf
with non-Federal funds with respect to that Federal contract, grant or award covered by 31
U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for making lobbying contacts to an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form--
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as
amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed.
Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in
accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be
codified at 2 U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by
the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited
expenditure or fails to file or amend a required certification or disclosure form shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such expenditure or failure.]
The Contractor, ________________ ___, certifies or affirms the
truthfulness and accuracy of each statement of its certification and disclosure, if any. In
addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801,
et seq., apply to this certification and disclosure, if any.
__________________________ Signature of Contractor's Authorized Official
__________________________ Name and Title of Contractor's Authorized Official
___________________________ Date
CLEAN AIR
(42 U.S.C. 7401 et seq, 40 CFR 15.61, 49 CFR Part 18)
Applicability to Contracts
The Clean Air requirements apply to all contracts exceeding $100,000, including indefinite
quantities where the amount is expected to exceed $100,000 in any year.
Flow Down
The Clean Air requirements flow down to all subcontracts which exceed $100,000.
Model Clauses/Language
No specific language is required. FTA has proposed the following language.
Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq.
The Contractor agrees to report each violation to the Purchaser and understands and
agrees that the Purchaser will, in turn, report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance provided by
FTA.
CLEAN WATER REQUIREMENTS
(33 U.S.C. 1251)
Applicability to Contracts
The Clean Water requirements apply to each contract and subcontract which exceeds
$100,000.
Flow Down
The Clean Water requirements flow down to FTA recipients and subrecipients at every
tier.
Model Clause/Language
While no mandatory clause is contained in the Federal Water Pollution Control Act, as
amended, the following language developed by FTA contains all the mandatory
requirements:
Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33
U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Purchaser and
understands and agrees that the Purchaser will, in turn, report each violation as required
to assure notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance provided by
FTA.
CARGO PREFERENCE REQUIREMENTS
(46 U.S.C. 1241 , 46 CFR Part 381)
Applicability to Contracts
The Cargo Preference requirements apply to all contracts involving equipment, materials,
or commodities which may be transported by ocean vessels.
Flow Down
The Cargo Preference requirements apply to all subcontracts when the subcontract may
be involved with the transport of equipment, material, or commodities by ocean vessel.
Model Clause/Language
The MARAD regulations at 46 CFR 381.7 contain suggested contract clauses. The
following language is proffered by FTA.
Cargo Preference - Use of United States-Flag Vessels - The contractor agrees: a. to
use privately owned United States-Flag commercial vessels to ship at least 50 percent of
the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and
tankers) involved, whenever shipping any equipment, material, or commodities pursuant to
the underlying contract to the extent such vessels are available at fair and reasonable
rates for United States-Flag commercial vessels; b. to furnish within 20 working days
following the date of loading for shipments originating within the United States or within 30
working days following the date of leading for shipments originating outside the United
States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for
each shipment of cargo described in the preceding paragraph to the Division of National
Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590
and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-
lading.) c. to include these requirements in all subcontracts issued pursuant to this
contract when the subcontract may involve the transport of equipment, material, or
commodities by ocean vessel.
DAVIS-BACON AND COPELAND ANTI-KICKBACK ACTS
Background and Application
The Davis-Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC
874. The Acts apply to grantee construction contracts and subcontracts that “at least
partly are financed by a loan or grant from the Federal Government.” 40 USC 3145(a), 29
CFR 5.2(h), 49 CFR 18.36(i)(5). The Acts apply to any construction contract over $2,000.
40 USC 3142(a), 29 CFR 5.5(a). ‘Construction,’ for purposes of the Acts, includes “actual
construction, alteration and/or repair, including painting and decorating.” 29 CFR 5.5(a).
The requirements of both Acts are incorporated into a single clause (see 29 CFR 3.11)
enumerated at 29 CFR 5.5(a) and reproduced below.
The clause language is drawn directly from 29 CFR 5.5(a) and any deviation from the
model clause below should be coordinated with counsel to ensure the Acts’ requirements
are satisfied.
Clause Language
Davis-Bacon and Copeland Anti-Kickback Acts
(1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of
the work (or under the United States Housing Act of 1937 or under the Housing Act of
1949 in the construction or development of the project), will be paid unconditionally
and not less often than once a week, and without subsequent deduction or rebate on
any account (except such payroll deductions as are permitted by regulations issued by
the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents thereof) due at time of
payment computed at rates not less than those contained in the wage determination of
the Secretary of Labor which is attached hereto and made a part hereof, regardless of
any contractual relationship which may be alleged to exist between the contractor and
such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under
section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject to the provisions of
paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for
more than a weekly period (but not less often than quarterly) under plans, funds, or
programs which cover the particular weekly period, are deemed to be constructively
made or incurred during such weekly period. Such laborers and mechanics shall be
paid the appropriate wage rate and fringe benefits on the wage determination for the
classification of work actually performed, without regard to skill, except as provided in
29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the
time actually worked therein: Provided, That the employer's payroll records accurately
set forth the time spent in each classification in which work is performed. The wage
determination (including any additional classifications and wage rates conformed
under paragraph (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be
posted at all times by the contractor and its subcontractors at the site of the work in a
prominent and accessible place where it can be easily seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics,
including helpers, which is not listed in the wage determination and which is to be
employed under the contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an additional classification and
wage rate and fringe benefits therefore only when the following criteria have been met:
(1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be
performed by the classification requested is not performed by a classification in the
wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage determination; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification
prevails in the area in which the work is performed.
(B) If the contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and the contracting officer agree on
the classification and wage rate (including the amount designated for fringe benefits
where appropriate), a report of the action taken shall be sent by the contracting officer
to the Administrator of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator,
or an authorized representative, will approve, modify, or disapprove every additional
classification action within 30 days of receipt and so advise the contracting officer or
will notify the contracting officer within the 30-day period that additional time is
necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the
classification or their representatives, and the contracting officer do not agree on the
proposed classification and wage rate (including the amount designated for fringe
benefits, where appropriate), the contracting officer shall refer the questions, including
the views of all interested parties and the recommendation of the contracting officer, to
the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the
contracting officer or will notify the contracting officer within the 30-day period that
additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing
work in the classification under this contract from the first day on which work is
performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers
or mechanics includes a fringe benefit which is not expressed as an hourly rate, the
contractor shall either pay the benefit as stated in the wage determination or shall pay
another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the
contractor may consider as part of the wages of any laborer or mechanic the amount
of any costs reasonably anticipated in providing bona fide fringe benefits under a plan
or program, Provided, That the Secretary of Labor has found, upon the written request
of the contractor, that the applicable standards of the Davis-Bacon Act have been met.
The Secretary of Labor may require the contractor to set aside in a separate account
assets for the meeting of obligations under the plan or program.
(v)(A) The contracting officer shall require that any class of laborers or mechanics
which is not listed in the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage determination. The
contracting officer shall approve an additional classification and wage rate and fringe
benefits therefor only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a
classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and the contracting officer agree on
the classification and wage rate (including the amount designated for fringe benefits
where appropriate), a report of the action taken shall be sent by the contracting officer
to the Administrator of the Wage and Hour Division, Employment Standards
Administration, Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional classification
action within 30 days of receipt and so advise the contracting officer or will notify the
contracting officer within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the
classification or their representatives, and the contracting officer do not agree on the
proposed classification and wage rate (including the amount designated for fringe
benefits, where appropriate), the contracting officer shall refer the questions, including
the views of all interested parties and the recommendation of the contracting officer, to
the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination with 30 days of receipt and so advise the
contracting officer or will notify the contracting officer within the 30-day period that
additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing
work in the classification under this contract from the first day on which work is
performed in the classification.
(2) Withholding - The [ insert name of grantee ] shall upon its own action or upon written
request of an authorized representative of the Department of Labor withhold or cause
to be withheld from the contractor under this contract or any other Federal contract
with the same prime contractor, or any other federally-assisted contract subject to
Davis-Bacon prevailing wage requirements, which is held by the same prime
contractor, so much of the accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including apprentices, trainees, and
helpers, employed by the contractor or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any laborer or mechanic,
including any apprentice, trainee, or helper, employed or working on the site of the
work (or under the United States Housing Act of 1937 or under the Housing Act of
1949 in the construction or development of the project), all or part of the wages
required by the contract, the [ insert name of grantee ] may, after written notice to the
contractor, sponsor, applicant, or owner, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds until
such violations have ceased.
(2) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and preserved for a period
of three years thereafter for all laborers and mechanics working at the site of the work
(or under the United States Housing Act of 1937, or under the Housing Act of 1949, in
the construction or development of the project). Such records shall contain the name,
address, and social security number of each such worker, his or her correct
classification, hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents thereof of the types
described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of
hours worked, deductions made and actual wages paid. Whenever the Secretary of
Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor
shall maintain records which show that the commitment to provide such benefits is
enforceable, that the plan or program is financially responsible, and that the plan or
program has been communicated in writing to the laborers or mechanics affected, and
records which show the costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under approved programs
shall maintain written evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices and trainees, and
the ratios and wage rates prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to the [ insert name of grantee ] for transmission to
the Federal Transit Administration. The payrolls submitted shall set out accurately and
completely all of the information required to be maintained under section 5.5(a)(3)(i) of
Regulations, 29 CFR part 5. This information may be submitted in any form desired.
Optional Form WH-347 is available for this purpose and may be purchased from the
Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S.
Government Printing Office, Washington, DC 20402. The prime contractor is
responsible for the submission of copies of payrolls by all subcontractors.
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the contractor or subcontractor or his or her agent who pays or supervises
the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be
maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such
information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee)
employed on the contract during the payroll period has been paid the full weekly
wages earned, without rebate, either directly or indirectly, and that no deductions have
been made either directly or indirectly from the full wages earned, other than
permissible deductions as set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage
rates and fringe benefits or cash equivalents for the classification of work performed,
as specified in the applicable wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse
side of Optional Form WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under section 1001 of title 18 and section
231 of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph
(a)(3)(i) of this section available for inspection, copying, or transcription by authorized
representatives of the Federal Transit Administration or the Department of Labor, and
shall permit such representatives to interview employees during working hours on the
job. If the contractor or subcontractor fails to submit the required records or to make
them available, the Federal agency may, after written notice to the contractor, sponsor,
applicant, or owner, take such action as may be necessary to cause the suspension of
any further payment, advance, or guarantee of funds. Furthermore, failure to submit
the required records upon request or to make such records available may be grounds
for debarment action pursuant to 29 CFR 5.12.
(3) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at
less than the predetermined rate for the work they performed when they are employed
pursuant to and individually registered in a bona fide apprenticeship program
registered with the U.S. Department of Labor, Employment and Training
Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship
Agency recognized by the Bureau, or if a person is employed in his or her first 90 days
of probationary employment as an apprentice in such an apprenticeship program, who
is not individually registered in the program, but who has been certified by the Bureau
of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate)
to be eligible for probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft classification shall not be greater
than the ratio permitted to the contractor as to the entire work force under the
registered program. Any worker listed on a payroll at an apprentice wage rate, who is
not registered or otherwise employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the classification of work actually
performed. In addition, any apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not less than the applicable
wage rate on the wage determination for the work actually performed. Where a
contractor is performing construction on a project in a locality other than that in which
its program is registered, the ratios and wage rates (expressed in percentages of the
journeyman's hourly rate) specified in the contractor's or subcontractor's registered
program shall be observed. Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of progress, expressed as
a percentage of the journeymen hourly rate specified in the applicable wage
determination. Apprentices shall be paid fringe benefits in accordance with the
provisions of the apprenticeship program. If the apprenticeship program does not
specify fringe benefits, apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable classification. If the Administrator
of the Wage and Hour Division of the U.S. Department of Labor determines that a
different practice prevails for the applicable apprentice classification, fringes shall be
paid in accordance with that determination. In the event the Bureau of Apprenticeship
and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws
approval of an apprenticeship program, the contractor will no longer be permitted to
utilize apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to
work at less than the predetermined rate for the work performed unless they are
employed pursuant to and individually registered in a program which has received prior
approval, evidenced by formal certification by the U.S. Department of Labor,
Employment and Training Administration. The ratio of trainees to journeymen on the
job site shall not be greater than permitted under the plan approved by the
Employment and Training Administration. Every trainee must be paid at not less than
the rate specified in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate specified in the applicable
wage determination. Trainees shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program does not mention fringe
benefits, trainees shall be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the corresponding journeyman
wage rate on the wage determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee rate who is not
registered and participating in a training plan approved by the Employment and
Training Administration shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually performed. In addition, any
trainee performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. In the event the Employment and
Training Administration withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
(iii) Equal employment opportunity - The utilization of apprentices, trainees and
journeymen under this part shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements - The contractor shall comply with the
requirements of 29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the
clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the
Federal Transit Administration may by appropriate instructions require, and also a
clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5
may be grounds for termination of the contract, and for debarment as a contractor and
a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements - All rulings and
interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3,
and 5 are herein incorporated by reference in this contract.
(9) Disputes concerning labor standards - Disputes arising out of the labor standards
provisions of this contract shall not be subject to the general disputes clause of this
contract. Such disputes shall be resolved in accordance with the procedures of the
Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the contractor (or any of its
subcontractors) and the contracting agency, the U.S. Department of Labor, or the
employees or their representatives.
(10) Certification of eligibility - (i) By entering into this contract, the contractor certifies
that neither it (nor he or she) nor any person or firm who has an interest in the
contractor's firm is a person or firm ineligible to be awarded Government contracts by
virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29
CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code,
18 U.S.C. 1001.
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Background and Application
The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq.
The Act applies to grantee contracts and subcontracts “financed at least in part by loans or
grants from … the [Federal] Government.” 40 USC 3701(b)(1)(B)(iii) and (b)(2), 29 CFR
5.2(h), 49 CFR 18.36(i)(6). Although the original Act required its application in any
construction contract over $2,000 or non-construction contract to which the Act applied
over $2,500 (and language to that effect is still found in 49 CFR 18.36(i)(6)), the Act no
longer applies to any “contract in an amount that is not greater than $100,000.” 40 USC
3701(b)(3) (A)(iii).
The Act applies to construction contracts and, in very limited circumstances, non-
construction projects that employ “laborers or mechanics on a public work.” These non-
construction applications do not generally apply to transit procurements because transit
procurements (to include rail cars and buses) are deemed “commercial items.” 40 USC
3707, 41 USC 403 (12). A grantee that contemplates entering into a contract to procure a
developmental or unique item should consult counsel to determine if the Act applies to that
procurement and that additional language required by 29 CFR 5.5(c) must be added to the
basic clause below.
The clause language is drawn directly from 29 CFR 5.5(b) and any deviation from the
model clause below should be coordinated with counsel to ensure the Act’s requirements
are satisfied.
Clause Language
Contract Work Hours and Safety Standards
(1) Overtime requirements - No contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek in
which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of
forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages - In the event of any
violation of the clause set forth in paragraph (1) of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition,
such contractor and subcontractor shall be liable to the United States for liquidated
damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards, employed in violation of the
clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar
day on which such individual was required or permitted to work in excess of the
standard workweek of forty hours without payment of the overtime wages required by
the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages - The (write in the name of
the grantee) shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld, from any
moneys payable on account of work performed by the contractor or subcontractor
under any such contract or any other Federal contract with the same prime contractor,
or any other federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or subcontractor
for unpaid wages and liquidated damages as provided in the clause set forth in
paragraph (2) of this section.
(4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.
BONDING REQUIREMENTS
Applicability to Contracts
For those construction or facility improvement contracts or subcontracts exceeding
$100,000, FTA may accept the bonding policy and requirements of the recipient,
provided that they meet the minimum requirements for construction contracts as
follows:
a. A bid guarantee from each bidder equivalent to five (5) percent of the bid price. The
"bid guarantees" shall consist of a firm commitment such as a bid bond, certifies
check, or other negotiable instrument accompanying a bid as assurance that the
bidder will, upon acceptance of his bid, execute such contractual documents as may
be required within the time specified.
b. A performance bond on the part to the Contractor for 100 percent of the contract price.
A "performance bond" is one executed in connection with a contract to secure
fulfillment of all the contractor's obligations under such contract.
c. A payment bond on the part of the contractor for 100 percent of the contract price. A
"payment bond" is one executed in connection with a contract to assure payment, as
required by law, of all persons supplying labor and material in the execution of the
work provided for in the contract. Payment bond amounts required from Contractors
are as follows:
(1) 50% of the contract price if the contract price is not more than $1 million;
(2) 40% of the contract price if the contract price is more than $1 million but not more
than $5 million; or
(3) $2.5 million if the contract price is more than $5 million.
d. A cash deposit, certified check or other negotiable instrument may be accepted by a
grantee in lieu of performance and payment bonds, provided the grantee has
established a procedure to assure that the interest of FTA is adequately protected. An
irrevocable letter of credit would also satisfy the requirement for a bond.
Flow Down
Bonding requirements flow down to the first tier contractors.
Model Clauses/Language
FTA does not prescribe specific wording to be included in third party contracts. FTA has
prepared sample clauses as follows:
Bid Bond Requirements (Construction)
(a) Bid Security
A Bid Bond must be issued by a fully qualified surety company acceptable to
(Recipient) and listed as a company currently authorized under 31 CFR, Part 223
as possessing a Certificate of Authority as described thereunder.
(b) Rights Reserved
In submitting this Bid, it is understood and agreed by bidder that the right is
reserved by (Recipient) to reject any and all bids, or part of any bid, and it is
agreed that the Bid may not be withdrawn for a period of [ninety (90)] days
subsequent to the opening of bids, without the written consent of (Recipient).
It is also understood and agreed that if the undersigned bidder should withdraw
any part or all of his bid within [ninety (90)] days after the bid opening without the
written consent of (Recipient), shall refuse or be unable to enter into this Contract,
as provided above, or refuse or be unable to furnish adequate and acceptable
Performance Bonds and Labor and Material Payments Bonds, as provided above,
or refuse or be unable to furnish adequate and acceptable insurance, as provided
above, he shall forfeit his bid security to the extent of (Recipient's) damages
occasioned by such withdrawal, or refusal, or inability to enter into an agreement,
or provide adequate security therefor.
It is further understood and agreed that to the extent the defaulting bidder's Bid
Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank
Check (excluding any income generated thereby which has been retained by
(Recipient) as provided in [Item x "Bid Security" of the Instructions to Bidders])
shall prove inadequate to fully recompense (Recipient) for the damages
occasioned by default, then the undersigned bidder agrees to indemnify (Recipient)
and pay over to (Recipient) the difference between the bid security and
(Recipient's) total damages, so as to make (Recipient) whole.
The undersigned understands that any material alteration of any of the above or
any of the material contained on this form, other than that requested, will render
the bid unresponsive.
Performance and Payment Bonding Requirements (Construction)
The Contractor shall be required to obtain performance and payment bonds as follows:
(a) Performance bonds
1. The penal amount of performance bonds shall be 100 percent of the original
contract price, unless the (Recipient) determines that a lesser amount would be
adequate for the protection of the (Recipient).
2. The (Recipient) may require additional performance bond protection when a
contract price is increased. The increase in protection shall generally equal 100
percent of the increase in contract price. The (Recipient) may secure additional
protection by directing the Contractor to increase the penal amount of the existing
bond or to obtain an additional bond.
(b) Payment bonds
1. The penal amount of the payment bonds shall equal:
(i) Fifty percent of the contract price if the contract price is not more than $1
million.
(ii) Forty percent of the contract price if the contract price is more than $1 million
but not more than $5 million; or
(iii) Two and one half million if the contract price is more than $5 million.
2. If the original contract price is $5 million or less, the (Recipient) may require
additional protection as required by subparagraph 1 if the contract price is
increased.
Performance and Payment Bonding Requirements (Non-Construction)
The Contractor may be required to obtain performance and payment bonds when
necessary to protect the (Recipient's) interest.
(a) The following situations may warrant a performance bond:
1. (Recipient) property or funds are to be provided to the contractor for use in
performing the contract or as partial compensation (as in retention of salvaged
material).
2. A contractor sells assets to or merges with another concern, and the (Recipient),
after recognizing the latter concern as the successor in interest, desires assurance
that it is financially capable.
3. Substantial progress payments are made before delivery of end items starts.
4. Contracts are for dismantling, demolition, or removal of improvements.
(b) When it is determined that a performance bond is required, the Contractor shall be
required to obtain performance bonds as follows:
1. The penal amount of performance bonds shall be 100 percent of the original
contract price, unless the (Recipient) determines that a lesser amount would be
adequate for the protection of the (Recipient).
2. The (Recipient) may require additional performance bond protection when a
contract price is increased. The increase in protection shall generally equal 100
percent of the increase in contract price. The (Recipient) may secure additional
protection by directing the Contractor to increase the penal amount of the existing
bond or to obtain an additional bond.
(c) A payment bond is required only when a performance bond is required, and if the use
of payment bond is in the (Recipient's) interest.
(d) When it is determined that a payment bond is required, the Contractor shall be required
to obtain payment bonds as follows:
1. The penal amount of payment bonds shall equal:
(i) Fifty percent of the contract price if the contract price is not more than $1
million;
(ii) Forty percent of the contract price if the contract price is more than $1 million
but not more than $5 million; or
(iii) Two and one half million if the contract price is increased.
Advance Payment Bonding Requirements
The Contractor may be required to obtain an advance payment bond if the contract
contains an advance payment provision and a performance bond is not furnished. The
(recipient) shall determine the amount of the advance payment bond necessary to protect
the (Recipient).
Patent Infringement Bonding Requirements (Patent Indemnity)
The Contractor may be required to obtain a patent indemnity bond if a performance bond
is not furnished and the financial responsibility of the Contractor is unknown or doubtful.
The (recipient) shall determine the amount of the patent indemnity to protect the
(Recipient).
Warranty of the Work and Maintenance Bonds
1. The Contractor warrants to (Recipient), the Architect and/or Engineer that all materials
and equipment furnished under this Contract will be of highest quality and new unless
otherwise specified by (Recipient), free from faults and defects and in conformance
with the Contract Documents. All work not so conforming to these standards shall be
considered defective. If required by the [Project Manager], the Contractor shall furnish
satisfactory evidence as to the kind and quality of materials and equipment.
2. The Work furnished must be of first quality and the workmanship must be the best
obtainable in the various trades. The Work must be of safe, substantial and durable
construction in all respects. The Contractor hereby guarantees the Work against
defective materials or faulty workmanship for a minimum period of one (1) year after
Final Payment by (Recipient) and shall replace or repair any defective materials or
equipment or faulty workmanship during the period of the guarantee at no cost to
(Recipient). As additional security for these guarantees, the Contractor shall, prior to
the release of Final Payment [as provided in Item X below], furnish separate
Maintenance (or Guarantee) Bonds in form acceptable to (Recipient) written by the
same corporate surety that provides the Performance Bond and Labor and Material
Payment Bond for this Contract. These bonds shall secure the Contractor's obligation
to replace or repair defective materials and faulty workmanship for a minimum period
of one (1) year after Final Payment and shall be written in an amount equal to ONE
HUNDRED PERCENT (100%) of the CONTRACT SUM, as adjusted (if at all).
CIVIL RIGHTS REQUIREMENTS
(29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. §
12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq.)
Applicability to Contracts
The Civil Rights Requirements apply to all contracts.
Flow Down
The Civil Rights requirements flow down to all third party contractors and their contracts at
every tier.
Model Clause/Language
The following clause was predicated on language contained at 49 CFR Part 19, Appendix
A, but FTA has shortened the lengthy text.
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42
U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. §
12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will
not discriminate against any employee or applicant for employment because of race,
color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees
to comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C.
§ 5332, the Contractor agrees to comply with all applicable equal employment
opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive
Order No. 11246, "Equal Employment Opportunity," as amended by Executive
Order No. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable
Federal statutes, executive orders, regulations, and Federal policies that may in
the future affect construction activities undertaken in the course of the Project. The
Contractor agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to
their race, color, creed, national origin, sex, or age. Such action shall include, but
not be limited to, the following: 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. In
addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332,
the Contractor agrees to refrain from discrimination against present and
prospective employees for reason of age. In addition, the Contractor agrees to
comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act,
as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities
Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In
addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
(d) Special DOL EEO Clause - In addition to the foregoing, when undertaking
“construction” as recognized by the U.S. Department of Labor (U.S. DOL), the
Recipient agrees to comply, and assures that each Third Party Participant will
comply, with: (a) U.S. DOL regulations, “Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor,” 41 C.F.R.
chapter 60, and (b) Executive Order 11246, “Equal Employment Opportunity,” as
amended by Executive Order 11375, “Amending Executive Order 11246, Relating
to Equal Employment Opportunity,” 42 U.S.C. § 2000e note.
(3) The Contractor also agrees to include these requirements in each subcontract financed
in whole or in part with Federal assistance provided by FTA, modified only if necessary
to identify the affected parties.
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
(49 CFR Part 26)
Background and Applicability
The newest version on the Department of Transportation’s Disadvantaged Business
Enterprise (DBE) program became effective July 16, 2003. The rule provides guidance to
grantees on the use of overall and contract goals, requirement to include DBE provisions
in subcontracts, evaluating DBE participation where specific contract goals have been set,
reporting requirements, and replacement of DBE subcontractors. Additionally, the DBE
program dictates payment terms and conditions (including limitations on retainage)
applicable to all subcontractors regardless of whether they are DBE firms or not.
The DBE program applies to all DOT-assisted contracting activities. A formal clause such
as that below must be included in all contracts above the micro-purchase level. The
requirements of clause subsection b flow down to subcontracts.
A substantial change to the payment provisions in this newest version of Part 26 concerns
retainage (see section 26.29). Grantee choices concerning retainage should be reflected
in the language choices in clause subsection d.
Clause Language
The following clause language is suggested, not mandatory. It incorporates the payment
terms and conditions applicable to all subcontractors based in Part 26 as well as those
related only to DBE subcontractors. The suggested language allows for the options
available to grantees concerning retainage, specific contract goals, and evaluation of DBE
subcontracting participation when specific contract goals have been established.
Disadvantaged Business Enterprises
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations,
Part 26, Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs. The national goal for participation of
Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for
DBE participation is 5 %. A contract goal of 10 % DBE participation has been
established for this procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted
contract. Failure by the contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this contract or such other
remedy as the City of Fort Collins deems appropriate. Each subcontract the contractor
signs with a subcontractor must include the assurance in this paragraph (see 49 CFR
26.13(b)).
c. Bidders/offerors are required to document sufficient DBE participation to meet these
goals or, alternatively, document adequate good faith efforts to do so, as provided for
in 49 CFR 26.53. Award of this contract is conditioned on submission of the
following concurrent with and accompanying sealed bid:
1. The names and addresses of DBE firms that will participate in this contract;
2. A description of the work each DBE will perform;
3. The dollar amount of the participation of each DBE firm participating;
4. Written documentation of the bidder/offeror’s commitment to use a DBE
subcontractor whose participation it submits to meet the contract goal;
5. Written confirmation from the DBE that it is participating in the contract as provided
in the prime contractor’s commitment; and
6. If the contract goal is not met, evidence of good faith efforts to do so.
Bidders must present the information required above as a matter of responsiveness
(see 49 CFR 26.53(3)).
{If no separate contract goal has been established, use the following} The
successful bidder/offeror will be required to report its DBE participation obtained
through race-neutral means throughout the period of performance.
d. The contractor is required to pay its subcontractors performing work related to this
contract for satisfactory performance of that work no later than 30 days after the
contractor’s receipt of payment for that work from the City of Fort Collins. In addition,
the contractor may not hold retainage from its subcontractors and is required to return
any retainage payments to those subcontractors within 30 days after the
subcontractor's work related to this contract is satisfactorily completed.
e. The contractor must promptly notify the City of Fort Collins whenever a DBE
subcontractor performing work related to this contract is terminated or fails to complete
its work, and must make good faith efforts to engage another DBE subcontractor to
perform at least the same amount of work. The contractor may not terminate any DBE
subcontractor and perform that work through its own forces or those of an affiliate
without prior written consent of the City of Fort Collins.
ADA ACCESS
Accessibility. Facilities to be used in public transportation service must comply with 42
U.S.C. Sections 12101 et seq. and DOT regulations, “Transportation Services for
Individuals with Disabilities (ADA),” 49 CFR Part 37; and Joint ATBCB/DOT regulations,
“Americans with Disabilities (ADA) Accessibility Specifications for Transportation
Vehicles,” 36 CFR Part 1192 and 49 CFR Part 38. Notably, DOT incorporated by
reference the ATBCB’s “Americans with Disabilities Act Accessibility Guidelines”
(ADAAG), revised July 2004, which include accessibility guidelines for buildings and
facilities, and are incorporated into Appendix A to 49 CFR Part 37. DOT also added
specific provisions to Appendix A modifying the ADAAG, with the result that buildings and
facilities must comply with both the ADAAG and amendments thereto in Appendix A to 49
CFR Part 37.
CITY OF FORT COLLINS BID PROTEST PROCEDURES
The City of Fort Collins has a protest procedure, covering any phase of solicitation or
award, including but not limited to specification or award. The protest procedures are
available from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd
Floor, P. O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the
procedures by emailing: Purchasing@fcgov.com or calling 970-221-6775.
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Contract Change Order
00960 Application for Payment
SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE: [PROJECT NAME]
CONTRACTOR: [CONTRACTOR]
PROJECT NUMBER: 8309 DRAKE & SHIELDS INTERSECTION IMPROVEMENTS PROJECT
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 $60,000
cc: City Clerk Contractor Engineer
Project File Architect Purchasing
Section 00960
APPLICATION FOR PAYMENT PAGE 1 OF 4
OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER:
APPLICATION DATE:
PERIOD BEGINNING:
ENGINEER: CONTRACTOR: PERIOD ENDING:
PROJECT NUMBER:
CHANGE ORDERS Application is made for Payment as shown below in connection with Contract
NUMBER DATE AMOUNT
The present status of the account for this Contract is as
follows:
1
2 Original Contract Amount:
3 Net Change by Change Order:
Current contract Amount: $0.00
Total Completed and Stored to Date:
Less Previous Applications:
Amount Due this Application - Before Retainage: $0.00
Less Retainage:
Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00
CERTIFICATION:
The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with
the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract.
The above Amount Due This Application is requested by the CONTRACTOR.
Date: By:
Payment of the above Amount Due This Application is recommended by the ENGINEER.
Date: By:
Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager.
Date: By:
Payment of the above Amount Due This Application is approved by the OWNER.
Date: By:
CONTRACT AMOUNTS
APPLICATION FOR
PAYMENT PAGE 2 OF 4
Work
Completed
Work
Completed
Work
Completed Stored
Bid
This
Month
Previous
Periods
To
Date Materials Total
Item This Earned Percent
Number Description Quantity Units
Unit
Price Amount Qty. Amount Qty. Amount Qty. Amount Period
To
Date Billed
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
TOTALS $0.00 $0.00 $0.00 $0.00 $0.00
CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4
Work
Completed
Work
Completed
Work
Completed Stored
Bid
This
Month
Previous
Periods
To
Date Materials Total
Item This Earned Percent
Number Description Quantity Units
Unit
Price Amount Qty. Amount Qty. Amount Qty. Amount Period
To
Date Billed
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
TOTALS CHANGE
ORDERS $0.00 $0.00 $0.00 $0.00 $0.00
PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00
STORED MATERIALS
SUMMARY PAGE 4 OF 4
On Hand Received Installed On Hand
Item Invoice Previous This This This
Number Number Description Application Period Period Application
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTALS $0.00 $0.00 $0.00 $0.00
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS
DRAKE & SHIELDS INTERSECTION IMPROVEMENT
LARIMER COUNTY
FORT COLLINS, COLORADO
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.
STANDARD SPECIAL PROVISIONS INDEX................................................................................................................ 3
NOTICE TO BIDDERS ................................................................................................................................................... 5
DISADVANTAGED BUSINESS ENTERPRISE (DBE) CONTRACT GOAL .................................................................. 6
COMMENCEMENT AND COMPLETION OF WORK .................................................................................................... 7
ON THE JOB TRAINING CONTRACT GOAL ............................................................................................................... 8
REVISION OF SECTION 100 – GENERAL PROVISIONS ........................................................................................... 9
REVISION OF SECTION 101 - DEFINITION OF TERMS .......................................................................................... 10
REVISION OF SECTION 102 - PROJECT PLANS AND OTHER DATA .................................................................... 11
REVISION OF SECTION 104 LANE RENTAL FEE .................................................................................................... 12
REVISION OF SECTION 105 - CONTROL OF WORK, DISPUTES AND CLAIMS FOR CONTRACT
ADJUSTMENT ............................................................................................................................................................. 14
REVISION OF SECTION 106 - CONTROL OF MATERIAL ........................................................................................ 16
REVISION OF SECTION 107 – PERMITS, LICENSES, PROTECTION OF EXISTING PROPERTY AND
INSURANCE ................................................................................................................................................................ 17
REVISION OF SECTION 108 – PROSECUTION AND PROGRESS ......................................................................... 19
REVISION OF SECTION 109 – MEASUREMENT AND PAYMENT........................................................................... 20
REVISION OF SECTION 201 – CLEARING AND GRUBBING .................................................................................. 21
REVISION OF SECTION 202 – REMOVAL OF STRUCTURES AND OBSTRUCTIONS .......................................... 23
REVISION OF SECTION 203 - EXCAVATION AND EMBANKMENT ........................................................................ 25
REVISION OF SECTION 207 – TOPSOIL (SPECIAL) ............................................................................................... 28
REVISION OF SECTION 208 - EROSION CONTROL AND PERMANENT WATER QUALITY BMP (AS
CONSTRUCTED SURVEY)......................................................................................................................................... 30
REVISION OF SECTION 210 - RESET STRUCTURES ............................................................................................. 32
REVISION OF SECTION 212 - SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING ........................... 34
REVISION OF SECTION 212 –TREE RETENTION AND PROTECTION .................................................................. 36
REVISION OF SECTION 213– MULCHING ................................................................................................................ 39
REVISION OF SECTION 214 – PLANTING ................................................................................................................ 42
REVISION OF SECTION 250 – ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT ................................ 44
REVISION OF SECTION 304 – AGGREGATE BASE COURSE ................................................................................ 45
REVISION OF SECTION 403 - HOT MIX ASPHALT .................................................................................................. 46
REVISION OF SECTION 504 - CONCRETE WALL ................................................................................................... 49
REVISION OF SECTION 504 – MASONRY BRICK WALL ......................................................................................... 50
REVISION OF SECTION 601 - CONCRETE FINISHING ........................................................................................... 56
REVISION OF SECTION 603 - CULVERTS AND SEWERS ...................................................................................... 57
REVISION OF SECTION 604 – MANHOLES, INLETS AND WATER QUALITY VAULTS......................................... 58
REVISION OF SECTION 608 - SIDEWALKS AND BIKEWAYS ................................................................................. 59
REVISION OF SECTION 609 - CURB AND GUTTER ................................................................................................ 61
REVISION OF SECTION 610 - MEDIAN COVER MATERIAL .................................................................................... 62
REVISION OF SECTION 614 - TRAFFIC CONTROL DEVICES ................................................................................ 63
REVISION OF SECTION 623 - IRRIGATION SYSTEM .............................................................................................. 64
1
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
REVISION OF SECTION 627 - PAVEMENT MARKING ............................................................................................. 75
REVISION OF SECTION 630 - CONSTRUCTION TRAFFIC CONTROL ................................................................... 76
FORCE ACCOUNT ITEMS .......................................................................................................................................... 78
TRAFFIC CONTROL PLAN – GENERAL .................................................................................................................... 79
UTILITIES..................................................................................................................................................................... 81
2
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS
DRAKE & SHIELDS INTERSECTION IMPROVEMENT
LARIMER COUNTY
FORT COLLINS, COLORADO
STANDARD SPECIAL PROVISIONS INDEX
Name Date No. of Pages
Revision of Section 101 and 630 – Construction Zone Traffic Control (April 30, 2015) 2
Revision of Section 102 – Contents of Proposal Forms (April 9, 2015) 1
Revision of Section 105 – Construction Surveying (July 31, 2014) 1
Revision of Section 105 – Contractor Submittals Traffic Signal Pedestal Pole (February 3, 2011) 1
Revision of Section 105 – Violation of Working Time Limitation (February 3, 2011) 1
Revision of Section 106 – Buy America Requirements (November 6, 2014) 1
Revision of Section 106 – Certificates of Compliance and 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 and 412 – Surface Texture of Portland Cement Concrete (October 29, 2015) 3
Pavement
Revision of Section 107 – Project Payrolls (May 2, 2013) 1
Revision of Section 107 - Responsibility for Damage Claims, (February 3, 2011) 1
Insurance Types, and Coverage Limits
Revision of Section 107 – Warning Lights for Work Vehicles and Equipment (January 30, 2014) 1
Revision of Sections 107 and 208 – Water Quality Control, Under One (April 30, 2015) 4
Acre of Disturbance
Revision of Section 108 – Delay and Extension of Contract Time (April 30, 2015) 2
Revision of Section 108 – Liquidated Damages (October 29, 2015) 1
Revision of Section 108 – Notice to Proceed (July 31, 2014) 1
Revision of Section 108 – Project Schedule (July 31, 2014) 6
Revision of Section 108 – Subletting of Contract (January 31, 2013) 1
Revision of Section 108 - Payment Schedule (Single Fiscal Year) (April 30, 2015) 1
Revision of Section 109 - Compensation for Compensable Delays (May 5, 2011) 1
Revision of Section 109 – Measurement of Quantities (February 3, 2011)1
Revision of Section 109 – Measurement of Water (January 06, 2012)1
Revision of Section 109 – Prompt Payment (January 31, 2013) 1
Revision of Section 109 – Scales (October 29, 2015) 1
Revision of Sections 203, 206, 304 and 613 - Compaction (July 19, 2012) 2
Revision of Section 206 – Imported Material for Structure Backfill (July 19, 2012) 2
Revision of Sections 206 and 601 – Maturity Meters and Concrete Form (December 18, 2015) 3
and Falsework Removal
Revision of Section 208 – Aggregate Bag (January 31, 2013) 1
Revision of Section 208 – Erosion Control Supervisor (April 30, 2015) 1
Revision of Section 208 – Erosion Log (January 31, 2013) 1
Revision of Section 212 – Seed (April 26, 2012) 1
Revision of Section 213 – Mulching (January 31, 2013) 4
Revision of Section 250 – Environmental, Health and Safety Management (January 15, 2015) 14
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 – Composition of Mixtures – Voids Acceptance (February 3, 2011) 1
3
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
Revision of Section 401 – Temperature Segregation (February 3, 2011) 1
Revision of Section 401 and 412 – Safety Edge (May 2, 2013) 2
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 Slump Acceptance (October 29, 2015) 1
Revision of Section 601 – QC Testing Requirements for Structural Concrete (May 8, 2014) 1
Revision of Section 601 – Structural Concrete Strength Acceptance (April 30, 2015) 1
Revision of Sections 601 and 701 – Cements and Pozzolans (November 6, 2014) 4
Revision of Section 603 – Culvert Pipe Inspection (October 2, 2014) 1
Revision of Sections 603, 624, 705, 707, and 712 – Drainage Pipe (April 30, 2015) 3
Revision of Section 702 – Bituminous Materials (October 29, 2015) 11
Revision of Section 703 – Aggregate for Hot Mix Asphalt (November 1, 2012) 2
Revision of Section 703 – Concrete Aggregate (July 28, 2011) 1
Revision of Section 712 – Water for Mixing or Curing Concrete (February 3, 2011) 1
Affirmative Action Requirements – Equal Employment Opportunity (February 3, 2011) 10
Disadvantaged Business Enterprise (DBE) Requirements (Dec. 26, 2013) 9
Minimum Wages, Colorado, (January 8, 2016) 7
U.S. Department of Labor General Decision Number CO160024,
Highway Construction for Larimer, Mesa, and Weld counties.
On the Job Training (July 29, 2011) 3
Railroad Insurance (February 3, 2011) 1
Required Contract Provisions – Federal-Aid Construction Contracts (October 31, 2013) 14
Special Construction Requirements, Fire Protection Plan (November 1, 2012) 2
4
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
NOTICE TO BIDDERS
The proposal guaranty shall be a certified check, cashier’s check, or bid bond in the amount of five (5) percent of
the Contractor’s total bid.
Pursuant to Subsections 102.04 and 102.05, it is recommended that bidders on this project attend optional the
pre-bid conference and review the work site and plan details with an authorized City representative. The pre-bid
conference will be the only time City representatives will be available for a site review. All bidding and technical
questions shall be submitted to the following City representative for clarification:
Buyer - Elliot Dale
215 North Mason Street
Fort Collins, CO 80522
Office Phone: (970) 221-6777
edale@fcgov.com
Project Manager - Tracy A. Dyer
281 North College Avenue
Fort Collins, CO 80522
Office Phone: (970) 221-6605
tdyer@fcgov.com
The above referenced individuals are the only representatives with authority to provide any information,
clarification, or interpretation regarding the plans, specifications, and any other contract documents or
requirements.
Questions received from bidders along with City responses will be posted as an addendum online at the City
of Fort Collins Rocky Mountain E-Purchasing System (RMEPS)
Webpage, www.rockymountainbidsystem.com as they become available.
All questions shall be directed to the City contacts listed above no later than 7:00 A.M. one week prior to the
bid opening.
Questions and answers shall be used for reference only and shall not be considered part of the Contract.
All references to the Colorado Division of Highways, Colorado Department of Transportation, and/or
Department or Division shall also mean City of Fort Collins.
5
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
DISADVANTAGED BUSINESS ENTERPRISE (DBE) CONTRACT GOAL
This is a federally assisted construction project. As described in the CDOT DBE Standard Special Provision,
the Bidder shall make good faith efforts to meet the following contract goal.
10 Percent DBE participation.
6
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
COMMENCEMENT AND COMPLETION OF WORK
The Contractor shall commence work under the Contract no later than 10 days from the date of the Notice to
Proceed, unless such time for beginning the work is changed by the Engineer. It is anticipated that construction
will commence in Summer 2016. The Contractor shall be substantially complete with the work within 65 calendar
days.
Section 108 of the Standard Specifications is hereby revised for this project as follows:
Subsection 108.03 shall include the following:
The Contractor's progress schedule shall be a Critical Path Method or Bar Chart Schedule.
Salient features to be shown on the Contractor’s progress schedule are:
Mobilization
Construction Surveying (By City Forces)
Construction Traffic Control (Lane Closures, Shifts, Width Restrictions, etc.)
Clearing and Grubbing
Removals
Roadway Earthwork
Erosion Control
Storm Sewer System
Medians
Utility Relocations and Coordination
Curb, Gutter and Sidewalk
Asphalt Pavement
Irrigation
Sod and Landscaping
Signing and Striping (By City Forces)
Traffic Signals (By City Forces)
Subsection 108.08 shall include the following:
Substantial Completion is defined as completion and acceptance of: removals, embankment, sidewalk, curb &
gutter, curb ramps and inlet, asphalt (top mat), topsoil placement, slope grading.
Final Acceptance is defined as, completion and acceptance of: landscape wall, final grading, irrigation system
restoration, planting, removal of tree protection removal of erosion control devices (to the extent approved),
completed punch list items, erosion control items removed, site clean-up and demobilization
7
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
ON THE JOB TRAINING CONTRACT GOAL
The Department has determined that On The Job Training shall be provided to trainees with the goal of
developing full journey workers in the types of trade or classification involved. The contract goal for On The Job
Trainees working in an approved training plan in this Contract has been established as follows:
Minimum number of On The Job Training hours required: 0 hours.
8
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
REVISION OF SECTION 100 – GENERAL PROVISIONS
Section 100 of the Standard Specifications is hereby revised for this project as follows:
All references to the State, the Department, the Engineer, the Chief Engineer, etc. shall be understood to mean
the City of Fort Collins, Colorado or the City’s designated representative.
END OF SECTION REVISION
9
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
REVISION OF SECTION 101 - DEFINITION OF TERMS
Certain terms utilized in the latest edition of the Colorado Department of Transportation Standard Specifications
for Road and Bridge Construction shall be interpreted to have different meanings within the scope of this
Contract. A summary of redefinitions follows:
Subsection 101.28: ―”Department” shall mean City of Fort Collins, Colorado.
Subsection 101.27: ―”Chief Engineer” shall mean City of Fort Collins, Colorado or their designated
representative.
Subsection 101.39: ―”Laboratory” shall mean City of Fort Collins, Colorado or their designated
representative.
Subsection 101.51: ―”Project Engineer” shall mean the City of Fort Collins, Colorado or their
designated representative.
Subsection 101.58 ―“Region Transportation Director” shall mean the City of Fort Collins, Colorado or
their designated representative.
Subsection 101.76 ―”State” shall mean City of Fort Collins, Colorado (where applicable).
END OF SECTION REVISION
10
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
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 Rocky Mountain E-Purchasing System
(RMEPS), www.rockymountainbidsystem.com
2. City of Fort Collins Purchasing Department, 215 N. Mason Street, 2nd Floor, Fort
Collins, Colorado 80524
A Soil and Foundation Investigation was completed by GeoCal Inc. and included in Appendix A. The report
contains test results of a subsurface investigation to identify existing pavement conditions, typical soil conditions as
well as provide recommendations for the pavement section (widening). If variations or unexpected conditions
(soil, bedrock, fill, groundwater, etc.) are encountered during construction, then the Contractor shall notify the
Engineer for direction and possible further testing and analysis.
After the proposals have been opened, the low responsible bidder may obtain from the City, at no cost: 3 sets of
the plan set and 3 sets of special provisions. If the low bidder has not picked up the plans and other available data
by 4:30 p.m. on the second Friday after bid opening, they will be sent to the Resident Engineer in charge of the
project. Additional sets of plans and other available data may be purchased on a cash sale basis from the City at
current reproduction prices. Subcontractors and suppliers may obtain plans and other data from the successful
bidder or they may purchase copies on a cash sale basis from the City at current reproduction prices
END OF SECTION REVISION
11
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
REVISION OF SECTION 104 LANE RENTAL FEE
Section 104 of the Standard Specifications is hereby revised for this project as follows:
Subsection 104.04 shall include the following:
(a) Lane Rental Fee. The Contractor shall pay a daily lane rental fee for lane closures on Drake Road and
Shields Street during construction.
The Contractor will be granted the following lane rental allowances:
65 calendar days of single lane closures for Drake Road and Shields Street for the installation of the
Shields Street turn lanes. A lane rental day is defined as any single lane closure and each individual lane
drop is considered one lane closure. In addition there are 25 single lane closures for the installation of the
median located at Davidson and Raintree Drive and adjacent ramps. All lane closures are approved from
7:00 am to 3:30 pm for the project.
From these allowed lane-days, no deduction will be made from monies due the Contractor. Lane rental fees
for all lane-days in excess of the listed allowances above will be deducted from any monies due the
Contractor for work performed. The deduction will be based on the applicable rate for any and all closures,
whether work is performed or not. This deduction will be reflected in each progress payment. This
deduction is not a penalty, but is a rental fee based upon road user costs to occupy individual lanes on Drake
Road and Shields Street.
The Engineer may determine that the lane rental fee will not be charged for lane closures for the following
reasons: additional work not covered in the scope of the project; acts of god, acts of the public enemy, fires,
floods, area wide strikes, freight embargos, and delays not caused by the Contractor’s fault or negligence. In
the case of unusually severe weather, a lane rental fee will not be charged for each weather day after the
second consecutive weather day.
City of Fort Collins Light and Power and Traffic Department as well as Comcast and CenturyLink have work
that the contractor will need to coordinate within the existing lane rental requirements above. See Utilities,
page 95 of the Project Special Provisions for more information. In the case that City Light and Power or City
Traffic Dept. or private communications companies listed above needs a lane closure and the contractor is
not also performing work or scheduled to perform work within that closure, a Lane Rental Day will not be
charged.
The lane-day rental fee for closures on Drake and Shields shall be $ 1,200.00 per lane-day.
A lane-day is measured as any day that a portion of a thru lane or signalized left turn lane is closed to traffic
on any arterial road.
.
The following will not be measured as lane-days:
Any day that a right turn lane is closed but a right turn is permitted from an existing thru-lane.
Any day that an opposable left turn lane is closed to traffic on an arterial road.
Any night work, specifically milling and paving operations during the course of the standard work
week. Night work construed as 7:00 PM to 7:00 AM. (Variance application needed for night work)
A single weekend allowance will be made only for asphalt milling and top lift paving. During this
single weekend, the City will not impose lane rental fees for lane closures on Drake/Shields. The
weekend will start at 7:00 PM on a Friday and end at 6:00 AM on the following Monday morning. If
weekend work is a selected alternative and work extends past the 60 hours for weekend as
described, the unapproved lane rental fee will be applied at $500.00 per lane / per hour for the
occupancy of any lanes needed to complete the paving operations. See traffic Control
Specifications for more details on weekend closure restrictions.
For approved daytime lane closures, a lane-day will be measured as any potion of time between the hours of
7:00 AM to 3:30 PM. If work extends beyond those approved working hours, an Unapproved Lane Rental
Fee will be charged per section (b).
12
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
For approved multi-day lane closure, the lane-day will be measured as a 24 hour period from 12:00 AM to
11:59 PM for each calendar day that the closure is approved and implemented.
Only 1 lane rental day will be charged for any single lane, regardless of the number of lane closures in that
lane.
For approved night time work during off-peak hours, a lane rental fee will not be charged.
A lane is considered closed when the number of available lanes is reduced from the number available prior
to the work.
Lane closures shall be documented in the Traffic Control Supervisor’s (TCS’s) diary each day that a lane
closure is in use. The diary shall be signed by the TCS and the Contractor’s representative. A copy of the
day’s diary shall be given to the Engineer at the end of each work day on which a lane closure is used.
(b) Unapproved Lane Rental Fee:
The Contractor will be charged a lane rental fee for any work that is performed outside of the approved
daytime hours that are permitted by the City Traffic Dept. on the approved MHT. The lane rental fee will be
measured as an hourly rate and will be rounded up to the nearest whole hour in excess of the permitted lane
closure time.
The Unapproved Lane Rental Fee for single daytime closures on Drake Road and Shields Street shall be $
500.00 per lane-hour.
The Unapproved Lane Rental Fee will be measured and applied separately to each thru lane or signalized
left turn lane that is impacted by an unapproved lane closure.
Approved daytime lane closure MHTs cannot be field modified into multiday lane closures to avoid the
Unapproved Lane Rental Fee.
The Unapproved Lane Rental Fee does not constitute an authorization to do work without an approved traffic
control plan.
END OF SECTION REVISION
13
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
REVISION OF SECTION 105 - CONTROL OF WORK, DISPUTES AND CLAIMS FOR CONTRACT
ADJUSTMENT
Section 105 of the Standard Specifications is hereby revised for this project as follows:
Subsection 105.02 shall include the following:
j. Unless otherwise specified the work shall conform to ―Section 01110 – General Provisions in the City of
Fort Collins Development Construction Standards.
Subsection 105.05, 105.06, 105.07 shall be revised as follows:
Incentive and Disincentive Payments will not be used for this project.
Subsection 105.09 shall have the second paragraph replaced as follows:
In case of discrepancy the order of precedence is as follows:
(a) Contract Agreement
(b) Revisions to CDOT Standard Specifications (Project Special Provisions)
(c) Plans (Calculated dimensions will govern over scaled dimensions)
(d) Standard Special Provisions
(e) General Conditions
(f) CDOT Standard Specifications for Road and Bridge Construction
(g) CDOT M&S Standards
(h) City of Fort Collins Development Construction Standards
Subsection 105.11 shall include the following:
The Contractor shall coordinate with all utilities well enough in advance that utility improvements do not delay the
Contractor’s work.
Subsection 105.12 delete and replace with the following:
The City, County, CDOT, and local utilities including but not limited to Xcel Energy, Comcast and CenturyLink
may contract for and perform other or additional work on or near the Work of the project. When separate
contracts are let within the limits of the project, each Contractor shall conduct the Work without interfering or
hindering the progress or completion of the work performed by other contractors. Contractors working on the
same project shall cooperate with each other as directed.
City forces will perform the following work as required by this project:
• Permanent Pavement Marking
• Permanent Signing
• Traffic Signals/Fiber Optic Lines
• Street Lights
• Construction Surveying
14
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
Traffic Coordination
1. The Contractor shall coordinate with the City Traffic Engineer for all traffic control activities.
This shall include, but not be limited to, closure of any City Streets, closure of any partial intersection
movements, lane reductions, and detours.
City Traffic Control Contact: Syl Mireles
Phone: (970)221-6815
Email: smireles@fcgov.com
2. The City will remove existing and install all new traffic signal equipment.
City Traffic Signal Contact: Britney Sorenson
Phone: 970-222-5533
Email: bsorenson@fcgov.com
3. The Contractor shall coordinate with the City Traffic Engineer to schedule the traffic signal work/fiber
optic line relocation in conjunction with other project activities taking into account time needed for
order and delivery of materials. The Contractor shall cooperate with the City Traffic Department in
their removal and installation operations so that progress is expedited, duplication of work is
minimized, and impacts to traffic are minimized.
4. The City will remove and install all permanent signing. The City will install all permanent
pavement markings.
City Signing and Striping Contact: Rich Brewbaker
Phone: 970-221-6792
Email: rbrewbaker@fcgov.com
5. The Contractor is responsible for removal of pavement markings and installation and maintenance of
temporary pavement markings necessary to control traffic during construction.
This work will not be paid separately, but shall be included in Construction Traffic Control, Lump
Sum. The Contractor shall coordinate with the City Traffic Engineer to schedule permanent signing and
striping work in conjunction with other project activities. Full-compliance pavement markings in
accordance with Section 627 shall be in place prior to opening the roadway to traffic. The Contractor
shall cooperate with the City Traffic Department in their removal and installation operations so that
progress is expedited, duplication of work is minimized, and impacts to traffic are minimized.
Street Light Coordination
1. City Light and Power Crews will remove and install all street lighting and associated electric
utilities for the project.
City Survey Contact: Luke Unruh
Phone: (970) 416-2724
Email: lunruh@fcgov.com
2. The Contractor shall cooperate with the City Light and Power Department in their removal and
installation operations so that progress is expedited, duplication of work is minimized, and impacts to
traffic are minimized. Refer to Utility specification for additional information.
Each Contractor involved shall assume all liability, financial or otherwise, in connection with the Contract and
shall protect and save harmless the Owner from any and all damages or claims that may arise because of
inconvenience, delay , or loss because of the presence and operations of Contractors working within the limits
of the same or adjacent project.
Contractor is responsible to coordinate with private utilities. Any work to be performed by private utilities shall be
identified in Contractor’s schedule. Delays due to coordination issues will be the responsibility of the contractor.
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.
END OF SECTION REVISION
15
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
REVISION OF SECTION 106 - CONTROL OF MATERIAL
Section 106 of the Standard Specifications is hereby revised for this project as follows:
Subsection 106.03 shall include the following:
The City of Fort Collins will be responsible for all expenses associated with Quality Assurance (QA) and
Independent Assurance (IA) testing. The Contractor shall be responsible for all Quality Control (QC) testing
costs.
Test frequencies shall be in accordance with the project specifications, CDOT Field Materials Manual and the
approved Quality Control Plan (QCP).
END OF SECTION REVISION
16
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
REVISION OF SECTION 107 – PERMITS, LICENSES, PROTECTION OF EXISTING PROPERTY AND
INSURANCE
Section 107 of the Standard Specifications is hereby revised for this project as follows:
Subsection 107.02 shall include the following:
Unless otherwise specified, the Contractor shall procure all required permits and licenses; pay all charges, fees,
and taxes, including permits procured for this project by others; and give all notices necessary and incidental to
the due and lawful prosecution of the work. The costs of these permits will not be paid for separately, but shall
be included in the work.
Below is a list of anticipated permits that will be required for the project. This list is provided as an aid and shall
not be interpreted as a complete list of all permits that may be required. It shall be the responsibility of the
Contractor to determine the type of permits required for the work. A copy of all permits shall be available on the
job site at all times.
1. Stormwater Discharge Permit Associated with Construction Activities (CDPHE)
2. Construction Dewatering Wastewater Discharge Permit (CDPHE) – If Required
3. Excavation Permit (City of Fort Collins)
4. Right-of-way Contractors License (City of Fort Collins)
5. Noise Emission Variance – City of Fort Collins Code Compliance (night work only)
Prior to beginning work, the Contractor shall furnish the Engineer with a written list of all permits required for the
proper completion of the contract. The list shall clearly identify the types of permits that must be obtained before
work on any particular phase or phases of work can be started. Copies of the fully executed permits shall be
furnished to the Engineer upon request.
The Contractor shall comply with all applicable federal and state laws, orders, and regulations concerning the
control and abatement of water and air pollution.
The Contractor shall comply with the permits (or permit applications if in progress) even if they have not yet been
finalized at the time of construction.
Subsection 107.12 is hereby revised to include the following:
The Contractor shall limit his work operations to within public right-of-way, permanent utility easements and
temporary construction easements.
The Contractor shall fence specific areas of vegetation to be protected in the field as shown in the plans or as
directed by the Engineer. All construction operations must be performed in such a manner which will avoid
protected trees and landscape areas.
The Contractor shall perform all the work in such a manner that results in the least environmental damage.
The Contractor shall clearly mark the vegetation protection areas and all construction/demolition limits in the field
before commencing demolition operations. Limits of construction are generally defined as the limits of
demolition.
Subsection 107.18 is hereby revised to read:
For this project, all insurance certificates shall name the City of Fort Collins and the Colorado Department of
Transportation as an additionally insured party.
For this project, insurance coverage shall meet the requirements and limits per CDOT Standard Specifications
and Revision of Section 107 Responsibility for Damage Claims, Insurance Types and Coverage Limits. In case
of a conflict between the City’s General Contract Conditions and CDOT Standard Specifications, the more
17
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
stringent of the two shall apply.
Subsection 107.25(c) is hereby revised to include the following:
(c) Measurement and Payment.
Add the following to Paragraph 1:
All work associated with preparing, securing and concurring with the required permits (refer to Revision of
Subsection 107.02) will not be measured and paid for separately, but shall be included in the work.
END OF SECTION REVISION
18
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
REVISION OF SECTION 108 – PROSECUTION AND PROGRESS
Section 108 of the Standard Specifications is hereby revised for this project as follows:
Subsection 108.07 shall include the following:
It is anticipated that construction for this project will begin in early Summer 2016.
Prior to the commencement of work, the Contractor shall submit to the Project Manager, for approval, a schedule
showing the time of commencement and proposed progress of the work. In this schedule, the Contractor shall
anticipate and account for adverse weather conditions, utility coordination and time restrictions for lane closures.
If the Contractor falls behind the approved schedule, then all reasonable efforts shall be implemented to
accelerate the schedule and complete the work within the contract time. The Contractor shall furnish additional
resources (e.g. equipment, manpower, etc.) and implement other strategies to expedite the construction, at no
additional cost to the project.
The Substantial Completion for the Work shall occur within 65 calendar days following issuance of the Notice to
Proceed. Substantial completion will require the completion of: removals, embankment, sidewalk, curb & gutter,
median improvements, curb ramps and inlet, asphalt (top mat), topsoil import and slope grading When the
Contractor considers the entire work ready for its intended use, he shall notify the Project Manager in writing and
request that the Project Manager issue the Notice of Substantial Completion. Within a reasonable amount of
time, the City, CDOT, and other stakeholders shall make an inspection of the work to determine the status of
completion. If the work is substantially complete, the Project Manager will issue the Notice of Substantial
Completion and attach a punch list of items to be completed or corrected prior to final payment. Work items that
are outside of the pavement limits and don’t require lane closure(s) or other disruption to traffic may be
performed after the substantial completion date.
The Final Completion for the Work shall occur within 10 calendar days following issuance of the
Substantial Completion. Final completion will require completion of landscape wall, final grading, irrigation
system restoration, planting, removal of tree protection removal of erosion control devices (to the extent
approved),completed punch list items, erosion control items removed, site clean-up and demobilization. When the
Contractor considers the project has reached Final Completion, he shall notify the Project Manager in writing and
request that the Project Manager issue the Certificate of Final Acceptance.
Failure by the Contractor to complete the work on time will result in daily charges for liquidated damages.
Liquidated damages will be assessed per Section 108.09 of the Colorado Department of Transportation Standard
Specifications for Road and Bridge Construction, latest edition. Contract time may be adjusted only through
Change Order. Any requests for extension of time due to conditions outside the Contractor’s control shall be
made in writing to the Project Manager within 48 hours of the cause of delay. The Project Manager shall respond
in writing within 48 hours of receiving the Contractor’s request.
END OF SECTION REVISION
19
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
REVISION OF SECTION 109 – MEASUREMENT AND PAYMENT
Section 109 of the Standard Specifications is hereby revised for this project as follows:
Subsection 109.02 shall include the following:
The City will not pay for defective work and will not pay for repair or additional work required to bring the project
to a point of acceptance. Where the Standard Specifications call for a possible reduced price adjustment, such
adjustments shall be at the sole discretion of the City of Fort Collins. The City may require such items of work to
be removed and replaced.
Bid prices shall include all costs in connection with the proper and successful completion of the Work, including
furnishing all materials, equipment and tools; and performing all labor and supervision to fully complete the Work.
All work not specifically set forth as a pay item in the Bid Schedule shall be considered a subsidiary obligation of
the Contractor and all costs in connection therewith shall be included in the prices bid for the various items of
work. Total Bid Prices shall be interpreted to cover all Work required by the Contract Documents.
END OF SECTION REVISION
20
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
REVISION OF SECTION 201 – CLEARING AND GRUBBING
Section 201 of the Standard Specifications is hereby revised for this project as follows:
Subsection 201.01 is hereby revised to include the following:
This work includes removal and disposal of existing timber retaining walls, concrete bases for ground signs,
trees, stumps, shrubs, vegetation, trash and any other items necessary to complete the improvements within the
limits of the right-of-way, easement areas, and other areas shown in the contract or required by the work. These
items shall be removed and disposed of by the Contractor during construction and prior to final acceptance of the
project.
The Contractor shall contact the City of Fort Collins Arborist prior to pruning trees and shrubs the will be
necessary for the pavement equipment that will be used for the milling/overlay of the roadway.
Subsection 201.02 is hereby revised to include the following:
The Contractor may not dispose of clearing and grubbing materials on the project site. All unsuitable materials
generated by clearing and grubbing operations shall be legally disposed of off the project site.
The Contractor shall coordinate the limits of work with the Engineer prior to commencing clearing and grubbing.
The Contractor shall remove and dispose of all visible abandoned utility appurtenances that are located within the
work area or right-of-way and abandoned as a result of this project. These items shall not be disposed of within
the project limits. Removal of utility appurtenances shall not be measured and paid for separately, but shall be
included in the work for Item 201, Clearing and Grubbing. Refer to the Utility Special Provision for more
information.
Subsection 201.02, delete the third paragraph and replace with the following:
The limits of clearing and grubbing shall be confined to the limits of work. Areas of protection shall be
established by the Engineer prior to construction. All trees, shrubs, plants, grasses and other vegetative
materials within those areas of protection shall remain, except as designated by the Engineer.
If noxious weeds are found before grading, areas to be disturbed shall be pre-treated with either an approved
herbicide or mowing before grading.
Clearing and grubbing shall include the pruning of all trees that will remain within the final right-of-way. Pruning of
trees shall include removal of all branches that conflict with construction of the proposed improvements and all
dead branches.
Avoid the unnecessary removal of trees or shrubs; for example, prune the aerial portions of trees and shrubs that
hang over a project area and interfere with equipment.
Migratory birds, as well as their eggs and nests, are protected under the Migratory Bird Treaty Act (MBTA). The
active nesting season for most migratory bird species in Colorado is between April 1 and August 31. To avoid a
violation of the MBTA, conduct habitat-disturbing activities (tree removal, clearing and grubbing, etc.) in the non-
breeding season (September 1 to March 31). Clearing and grubbing of vegetation that may disturb ground
nesting birds shall be completed before birds begin to nest or after the young have fledged. If work activities are
planned between April 1 and August 31, vegetation shall be removed and/or trimmed to a height of six (6) inches
or less prior to April 1. Once vegetation has been removed and/or trimmed, appropriate measures, i.e. repeated
mowing/trimming, shall be implemented to assure vegetation does not grow more than six (6) inches. Failure to
maintain vegetation height of six (6) inches or less may postpone project construction.
Once all clearing and grubbing is completed and approved, no additional clearing shall be allowed unless
approved, in writing, by the Engineer.
21
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
Subsection 201.04 shall include the following:
Payment for clearing and grubbing shall be on a lump sum basis and shall include removal and disposal of trees,
stumps, shrubs, trash, timber retaining walls and protruding objects designated for removal within the project limits
by the Engineer.
Payment will be made under:
Pay Item Pay Unit
Clearing and Grubbing Lump Sum
Payment for temporary fence shall be included under Revision of Section 607 Fence.
END OF SECTION REVISION
22
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
REVISION OF SECTION 202 – REMOVAL OF STRUCTURES AND OBSTRUCTIONS
Section 202 of the Standard Specifications is hereby revised for this project as follows:
Subsection 202.02 is hereby revised to include the following:
This work includes the removal of items listed on the plans, as directed by the Engineer, or any other items
necessary to complete the improvements within the limits of the right-of-way, easement areas, and other
areas shown in the contract or required by the work. These items shall be removed and disposed of by the
Contractor during construction and prior to final acceptance of the project.
Subsection 202.02 delete the seventh paragraph and replace with the following:
The existing asphalt mat shall be removed in a manner that minimizes contamination of the removed asphalt
with underlying material. The removed mat shall become the property of the Contractor and disposed of
outside the project site legally.
Subsection 202.04 shall include the following:
The City of Fort Collins Traffic Operations will remove the existing Traffic Signal poles on all four corners of the
intersection. The Contractor shall be responsible for removing the top 3’ feet of the signal pole base. The
Contractor shall coordinate with the City of Fort Collins Traffic Operations.
Subsection 202.09 shall include the following:
Prior to beginning milling / planing operations, the Contractor and Owner’s Field Representative shall inspect
the existing concrete curb and gutter for defects, cracks or chips. All damaged concrete at this time shall be
noted. After the milling / planing operations are complete, the existing concrete shall be examined again
noting additional damage to the concrete to determine sections that must be replaced due to the milling
operations.
The existing pavement shall be milled to the cross-slope as shown on the plans, and shall have a surface
finish that does not vary longitudinally or transversely more than 3/8 inch from a 10 foot straightedge. A
10 foot straightedge shall be supplied by the Contractor.
Transverse tapered joints may be tapered with the planing machine, a temporary asphalt ramp, or other methods
approved by the Engineer. No longitudinal joint between the milled and existing surfaces shall fall between 1 to 5
feet of any lane line.
If the transverse joint is tapered with a temporary asphalt ramp, the milled surface at the joint shall be
constructed as a butt joint the full depth of the lift of asphalt to be placed on the milled surface. The
Contractor shall be responsible for maintaining this asphalt ramp until all corresponding HMA is placed. All work
associated with this joint will not be paid for separately, but shall be included in the cost of planing.
If the transverse joint is tapered with a planing machine, a butt joint shall be cut into the taper the full depth of
the lift of asphalt to be placed on the milled surface prior to the commencement of resurfacing. All work
associated with this joint will not be paid for separately, but shall be included in the cost of planing.
Other approved transverse joint tapers shall be maintained at the expense of the Contractor, and at a
minimum shall incorporate a butt joint the full depth of the lift of asphalt to be placed on the milled surface
prior to commencement of resurfacing.
23
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
The Contractor shall take appropriate measures to ensure that the milled surface does not trap or hold water.
METHOD OF MEASUREMENT
Subsection 202.11 shall include the following:
Removal of Concrete Median Nose & Sign will be measured by the actual number of median noses that will be
demolished and removed without damaging existing gutter. The removal of the sign is considered incidental to
the removal of the median nose. Coordinate with City Traffic for storage of existing sign that will be reset by
City forces once concrete median nose is reconstructed.
BASIS OF PAYMENT
Subsection 202.12: The accepted quantities measured as provided above will be paid for at the contract unit
price for each of the pay items listed below that appear in the bid schedule.
Payment will be made under:
Pay Item: Pay Unit
Removal of Tree EA
Removal of Inlet EA
Removal of Pipe LF
Removal of Sidewalk and Concrete Apron SY
Removal of Concrete Median Nose & Sign EA
Removal of Curb and Gutter LF
Removal of Asphalt Mat SY
Removal of Asphalt Mat (Planing) (3 Inches) SY
Removal of Pavement Marking SF
Removal of Sign Panel EA
Removal of Concrete Footing (Top 3’ of Traffic Signal Pole Base) EA
Saw cutting required to complete any removal is incidental to the work and will not be measured or paid
separately. Work shall include all materials, equipment, labor and disposal of materials required to complete the
work.
END OF SECTION REVISION
24
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
REVISION OF SECTION 203 - EXCAVATION AND EMBANKMENT
Section 203 of the Standard Specifications is hereby revised for this project as follows:
Subsection 203.01 shall include the following:
The Contractor shall comply with all requirements of the soils report prepared by Geocal dated August 19, 2015
in Appendix A.
Subsection 203.02 shall include the following:
(a) Unclassified Excavation
Excavation/embankment quantities shown in the Bid Schedule and on the Summary of Approximate Quantities
plan sheet only includes the excavation and/or embankment required to construct the subgrade to the bottom of
all pavement sections (including composite sections), as shown in the cross sections.
(c) Muck Excavation
Any unsuitable material will be replaced and compacted with suitable material in accordance with the
Geotechnical Report for this project.
(f) Potholing
Potholing of utilities, as required, shall be conducted by the Contractor to determine the location, depth, size and
material composition of utility lines, and potential conflict(s) with the work. Contractor shall review the plans and
determine the necessary pothole requirements to complete the work as specified, prior to determining bid price.
Potholing will be paid for per hour as necessary and no additional payment will be made for utility potholing.
Where required, concrete pavement removed during potholing operations shall be replaced with Class B concrete
in accordance with Revision of Section 412 of the Special Provisions and Section 412 of the Standard
Specifications.
Subsection 203.05, (f) Potholing, add the following to the second paragraph: Records of the potholed
utilities shall be surveyed and submitted to the Engineer.
Subsection 203.06 shall include the following:
Embankment shall be constructed with suitable on-site material or imported borrow material from an approved
source. Embankment material shall be free of vegetation, brush, sod, trash and other deleterious substances
and should not contain rocks, debris or lumps having a diameter of more than 4 inches. Rocks, debris or lumps
shall be evenly dispersed throughout the fill. Embankment material shall contain a maximum of 70 percent
passing the No. 200 sieve, have a liquid limit of less than 40, a plasticity index less than 25 and a swell potential
of less than 1% when remolded to 95% of the AASHTO T99 standard proctor maximum (at optimum moisture)
under a 200 pcf surcharge pressure. The borrow material shall have a resistance value of at least 9 when tested
by the Hveem Stabilometer method. Borrow material shall be approved by the Engineer and tested for water
soluble sulfates.
Subsection 203.07 shall include the following:
Subgrade Moisture and Density Treatment shall meet the compaction and moisture requirements in
Revision of Section 306 of the Special Provisions and Section 306 of the Standard Specifications.
In Subsection 203.09, 3rd Paragraph, delete the 2nd sentence and replace with the following:
In areas that are observed to have soft spots in the subgrade, where deflection is not uniform or is excessive, as
determined by the Engineer, the Contractor shall perform one of the following two methods for stabilization of the
subgrade. The method will be determined by the Engineer.
25
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
(a) The area shall be ripped, scarified, dried or wetted as necessary and re-compacted to the
requirements for density and moisture to the contract depth, at the Contractor’s expense.
(b) The area shall be removed to the depth indicated by the Engineer and replaced with Class 6 aggregate
base course. Class 6 aggregate base course shall meet the requirements of Section 304 of the
Standard specifications and Revision of Section 304 of the Special Provisions.
Subsection 203.13 shall include the following:
The earthwork quantities include only that material excavated or placed as fill to construct the improvements to
subgrade elevation. Quantities do NOT include those associated with material excavated, stockpiled, placed and
compacted as part of “Reconditioning”. Payment for earthwork associated with “Reconditioning” will be part of that
bid item as specified in Revision of Section 306 of the Special Provisions.
(a) Excavation
Quantities of earthwork associated with Embankment Material (Complete in Place) will not be measured in place,
but shall be paid for at the quantity shown in the bid schedule.
(b) Embankment
Quantities of earthwork associated with Borrow (Complete in Place) will not be measured in place, but shall be
paid for at the quantity shown in the bid schedule. The original cross sections will be used for determination of
volumes of embankment material placed, unless changes have been directed.
If the Contractor considers that there is a discrepancy in the bid form quantity to actual field quantities, then he
shall notify the Engineer immediately. An appropriate adjustment will be made to the quantity if the Contractor
can demonstrate through survey or other approved means that the actual quantity of earthwork excavated and/or
placed differs from plan quantity by more than 15 percent.
Exceptions will be made when field changes are ordered or when it is determined that there are discrepancies on
the plans in an amount of at least plus or minus two percent of the plan quantity.
Other methods of determining earthwork quantities, such as truck load counts or weight tickets, will not be used
on this project.
Sub-excavation will not be paid for separately, but shall be paid for as Embankment Material (Complete in
Place), and shall be compensation for all work necessary to complete the item including haul and disposal of any
bedrock material encountered within the project limits. Filling of the areas, which have been sub-excavated, shall
be done with on-site embankment material and will not be measured and paid for separately but shall be included
in the work.
Excavation for the removal of unsuitable subgrade/embankment material for the replacement of aggregate base
course, when determined by the Engineer, shall be measured and paid for on a volume basis. The additional
excavation shall be measured in cubic yards and determined in the field by the following equation:
Excavation Length (FT) x Excavation Width (FT) x Excavation Depth (FT)
27 FT3/CY
Quantities of earthwork associated with roadway embankment will not be measured in place, but shall be
paid for under “Embankment Material (Complete in Place)”.
(d) Potholing
Potholing will be paid for as per hour.
(e) Proof Rolling
Proof Rolling will not be measured and paid for separately, but shall be included with the pay item “Aggregate
Base Course” in accordance with Revision of Section 304 and ―Reconditioning in accordance with Revision of
Section 306 of the Special Provisions.
26
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
(g) Muck Excavation
Quantities of muck excavation shall be measured by the number of cubic yards of unsuitable material removed
and replacing and compacting the area with suitable material in accordance with the Geotechnical Report for this
project
Section 203.14 shall be revised to include the following:
Payment will be made under:
Pay Item Pay Unit
Unclassified Excavation (Complete in Place) Cubic Yard
Embankment Material (Complete in Place) Cubic Yard
Muck Excavation (Complete in Place) Cubic Yard
Potholing (With Surveying and Stationing of U/G Utilities) Hour
END OF SECTION REVISION
27
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
REVISION OF SECTION 207 – TOPSOIL (SPECIAL)
Section 207 of the Standard Specifications is hereby revised for this project as follows:
Subsection 207.02 shall include the following:
The source of imported topsoil for this project is undesignated. Topsoil shall be fertile, friable, and of a USDA
texture listed as "Suitable" below. Topsoil shall be free of any admixture of subsoil or slag and shall be free of
stones, lumps, refuse, plants or their roots, sticks, noxious weeds, salts, soil sterilants or other material
detrimental to plant growth. Imported topsoil shall be obtained from a well-drained site that is free of flooding.
Topsoil shall not be collected at the supplier’s facility, delivered or used onsite in any manner while in a frozen or
muddy condition. The topsoil shall be delivered in an non-compacted state, and shall be spreadable in even non-
compacted, unclodded layer(s).
Imported topsoil shall be approved by the Landscape Architect prior to delivery or placement in planting areas.
The Contractor shall supply a sample of topsoil to the Soil Testing Laboratory for analysis a maximum of thirty
(30) days prior to delivery of topsoil to the project site. The Contractor shall submit to the Landscape Architect a
Certificate of Compliance from the CSU Soil, Water, and Plant Testing Laboratory verifying organic matter
content, pH, sodium absorption ratio, electrical conductivity and nutrient levels.
Topsoil shall meet the mechanical analysis outlined in the following table:
(a) Topsoil Mechanical Analysis
Screen Passing percent Retained percent
1 inch screen 100% 0-0%
½ inch screen 97-100% 0-3%
Contractor supplied topsoil shall meet the following criteria:
Property Minimum Value Maximum Value
pH 6.0 7.2
Sodium Absorption Ratio none 13.0
Salts (electrical conductivity) none 4.0 mmhos/cm
Organic Matter 2% 10%
*Exchangeable Sodium % none 15%
Calcium carbonate % none 10%
*Exchangeable Sodium % = CEC / Exch. Na
Suitable USDA Texture- sandy loam, sandy clay loam, loam, clay loam, silt loam.
Unsuitable USDA Texture- sand, loamy sand, silt, silty clay loam, silty clay, sandy clay, clay.
*Texture as determined by hydrometer analysis and classified using U.S. Dept. of
Agriculture (USDA) texture class names.
The topsoil may be amended with Class 1 Compost to bring it into conformance with these specifications. This
amended topsoil is subject to approval before use.
Topsoil shall contain the following minimum ammonium DTPA (chelate) extractable nutrients (this is the
extractable solution used by CSU Soil, Water and Plant Testing Laboratory).
Nitrogen 3 ppm (Air Dried Basis)
Phosphorus 3 ppm
Potassium 30 ppm
Iron (Fe) 5 ppm
Topsoil shall not include minerals or elements in abundances detrimental to plant growth. rocks and debris larger
than 1 ½ inches in diameter that are visible after the topsoil is spread shall be removed and disposed of in an
28
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
appropriate manner offsite or in a location pre-approved by the Engineer.
Subsection 207.03 shall include the following:
Import Topsoil meeting project specifications shall be placed by the Contractor in areas specified on plans to a
finished depth of 4 or 12 inches as noted, to be measured from 4 inches below proposed finish grades in order to
accommodate the specified depth of wood mulch for planter beds.
The Contractor is responsible for the following activities:
i) Protecting finish grade areas and regrading to correct irregularities caused by hauling materials or
other construction activity over finish grade areas. The Contractor shall replenish planting areas found
deficient of topsoil.
ii) Repairing erosion or other damage resulting from weathering action before final acceptance.
Planting areas receiving topsoil placement shall be finished smoothly, properly placed, free of mechanical
compaction and free from irregular surface changes. The Contractor shall finish planting areas by hand methods if
a satisfactory finish cannot be completed with power equipment. Placed topsoil shall not be driven upon by
motorized equipment.
Finish grading shall conform to the grade elevations as shown on the approved engineered grading plans and
shall be free of debris and other materials that would be detrimental to the plantings. Settling of finish grade shall
not be more than 0.10 feet; if settling is greater, the Contractor shall bring the grade to specified elevations by
addition of topsoil.
Delete Subsection 207.04 and replace with the following:
Topsoil will be measured in place by measuring random depths of topsoil and computing volume by multiplying
the area times the average depth.
Subsection 207.05 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Topsoil Cubic Yard
The addition of manure or soil amendments needed to bring the topsoil into conformance with the specifications,
importing topsoil from other sources and testing cost associated with this topsoil will not be measured and paid for
separately, but shall be included in the work.
Stockpile Topsoil and spreading of topsoil will not be paid for separately, but shall be included in the work.
END OF SECTION REVISION
29
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
REVISION OF SECTION 208 - EROSION CONTROL AND PERMANENT WATER QUALITY BMP (AS
CONSTRUCTED SURVEY)
Section 208 of the Standard Specifications is hereby revised for this project as follows:
Any “vehicle tracking pad” references within Section 208 shall have the same meaning as “stabilized construction
entrance”.
Subsection 208.03 shall include the following:
Erosion and sediment control measures shall be constructed at the locations shown in the Contract
Drawings and in accordance with the plan and erosion control details (CDOT Standard Plan No. M-208-1). As the
work progresses, the location and amount of erosion and sediment control installations may increase or decrease
depending on specific site conditions and weather conditions.
The full extent of erosion and sediment control installations will be determined on an as needed basis.
Installations will be reviewed by the Contractor on a daily basis. The effectiveness of installations will be
discussed at the construction progress meetings and revisions made accordingly.
Replace the last paragraph of Subsection 208.04(e)1 with the following:
No direct payment will be made for temporary stabilization. This work shall be considered subsidiary to the
project.
Subsection 208.10(b) shall include the following:
The permanent BMPs to be surveyed will be discussed at the Environmental Preconstruction Conference. The
results of the survey shall be provided on an electronic drawing of each BMP in AutoCAD format showing the
information specified in section 6.1.3 of the CDOT Survey Manual.
The survey shall be performed in accordance with the Section 6.1.3 of the CDOT Survey Manual. The Contractor
may request copies of the AutoCAD electronic design files for the permanent BMPs if available. A draft of the
printed copy of the AutoCAD format drawing shall be provided 14 days in advance of the final water quality
project walkthrough. At the final water quality walkthrough the as constructed BMP survey shall be reviewed and
any necessary revisions determined. The Contractor shall make the requested revisions as needed within 5 days
of the final water quality walkthrough and submit final copies of the electronic files on a CD to the Project
Engineer.
Listed below are the permanent water quality BMPs to be surveyed:
Type R Inlet L5 (10 Foot) w/ 24F SNOUT® & Sump
Delete paragraphs 6, 7 & 9 of Subsection 208.11 and replace with the following:
Removal of trash will not be measured but shall be conducted each day the construction activities are being
performed.
Erosion Control Supervisor will be measured by the total number of authorized 24 hour days used for erosion
control services specific to this project. An authorized 24 hour day of ECS will be every calendar day that the
ECS is required to be on the project performing the duties outlined in subsection 208.03(c). The Contractor shall
record the tasks that were performed by the Erosion Control Supervisor. The records shall be submitted to the
Engineer, weekly, after completion of the work, for approval and acceptance.
Stabilized Construction Entrance will be measured by the actual number constructed and accepted.
Revise Subsection 208.12 to include the following:
208.12 Erosion Control Supervisor and BMPs will be paid for at the Contract unit price for each of the items
30
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
listed below that appear in the bid schedule.
Payment will be made under:
Pay Item Pay Unit
Erosion Log Linear Foot
Aggregate Bag Linear Foot
Concrete Washout Structure Each
Storm Drain Inlet Protection (Type I) Linear Foot
Vehicle Tracking Pad Each
Erosion Control Supervisor Hour
Payment for each BMP item will be full compensation for all work and materials required to furnish, install,
maintain, remove, and dispose of it.
Payment for Aggregate Bag, will include a protective safety cone as directed by the City Engineer.
Payment for Concrete Washout Structure, whether constructed or prefabricated, will be full compensation for all
work and materials required to install, maintain, and remove the item. This includes, but is not limited to:
excavation, embankment, liner, erosion bales, fencing, signing, and containment and disposal of concrete
washout and all other associated waste material.
Payment for Vehicle Tracking Pad will be full compensation for all work, materials and equipment required to
construct, maintain, and remove the entrance upon completion of the work. Aggregate and geotextile will not be
measured and paid for separately, but shall be included in the work.
Payment for Erosion Control Supervisor will be full compensation for the erosion control supervisor and
all materials and equipment necessary for the ECS to perform the work. The ECS's commute time will not be
measured and paid for separately, but shall be included in the work.
Sod and mulching will be measured and paid for in accordance with Sections 212 and 213.
Surveying of permanent BMPS will not be measured and paid for separately. All work and materials required to
perform the permanent BMP survey and furnish the three electronic files shall be included in the original unit
price bid for surveying. Surveying will be measured and paid for in accordance with Section 625.
Payment will be made for BMPs replaced as approved by the Engineer.
Work performed to install measures for the control of erosion and sedimentation, and water pollution, for which
there is no bid item originally included in the Contract will be considered extra work in accordance with
subsection 104.03.
Temporary erosion and pollution control measures required due to the Contractor’s negligence, carelessness, or
failure to install permanent controls as a part of the work as scheduled or ordered by the Engineer or for the
Contractor's convenience, shall be performed at the Contractor’s expense.
If the Contractor fails to complete construction within the approved contract time, payment will not be made for
Section 208 pay items for the period of time after expiration of the approved contract time. These items shall be
provided at the Contractor's expense.
END OF SECTION REVISION
31
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
REVISION OF SECTION 210 - RESET STRUCTURES
Section 210 of the Standard Specifications is hereby revised for this project as follows:
Subsection 210.02 shall include the following:
This work includes resetting an electrical box (private) and light standard (private) that are located on the
northwest corner of Drake St. and Shields St. “in kind”. The Contractor will need to coordinate with the Engineer
and Property owner prior to resetting these private items.
The work includes adjusting manholes to the proper finished grade as shown on the plans and conforming to the
City of Fort Collins Stormwater Utility Construction Standards.
This work includes modifying an existing manhole at the northwest corner of Drake St. and Shields St. to
accommodate the new storm sewer system. The Contractor shall rebuild the top portion of the manhole above the
existing 24” RCP to accept new 15” RC pipes connecting from the south and southeast.
Subsection 210.10 shall include the following:
Adjust Manhole and Valve Box
This work shall consist of adjusting all frames; manhole rings or valve boxes as indicated on the drawings or as
designated by the Project manager. The frames and boxes shall conform to the standard details. All structures
located in bituminous pavements to be surfaced shall be adjusted through the top mat of asphalt. The Contractor
shall perform all work needed to ensure that said structures can be readily adjusted and shall have all necessary
materials on hand prior to commencing the work. All structures shall be adjusted to be ¼”, (+/-) 1/8” below the
pavement surface.
Adjustments shall be set such that the castings do not project above the new pavement surface, or more that 1/4"
below the surface. Castings or structures shall not be adjusted until the leveling course is in place, if a leveling
course is specified. Any necessary adjustments required to meet the specifications shall be performed at the
expense of the Contractor.
Adjust manhole consists of removing a section of pavement with a minimum diameter one foot larger than the
structure, centered on the structure. This shall be accomplished by cutting vertical edges, adjusting the manhole
by grouting concrete rings or utilizing metal shims to raise the structure to the proper grade, then spreading and
mechanically compacting bituminous material of the same grade and quality as the adjacent pavement. If the
manhole is in concrete or in a composite pavement section the manhole shall be adjusted such that the ring is
flush with the finished concrete grade. Paving rings will be utilized to bring the manhole cover up to final grade of
the asphalt. All manholes shall be raised through the top lift.
When the manhole adjustment is complete, the slope of the top surface of the manhole cover shall match the
slope of the pavement in both the longitudinal and transverse directions. Any manhole cover which is unstable or
noisy under traffic shall be replaced.
Valve boxes located within the existing pavement shall be adjusted by removing the existing pavement around the
valve box, adjusting the valve by turning it to the proper grade, trimming the existing asphalt by cutting vertical
edges, then spreading and mechanically compacting bituminous material of the same grade and quality as the
adjacent pavement.
If the Contractor is unable to turn up the valve box or is capable but not sufficiently to achieve the proper grade or
if the top section of the valve box is in poor condition, the Contractor shall excavate around the top section of the
valve box and remove and replace the top section with a longer section supplied by the Contractor. The
excavation shall be backfilled with flow-fill (measured and paid for under flow-fill backfill) to the top of subgrade,
and material of the same grade and quality as the adjacent pavement shall be placed.
32
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
The Contractor shall exercise reasonable care while attempting to adjust the valve boxes. If the Contractor is
negligent and breaks the valve box, the valve box shall be replaced at the Contractors expense.
Adjustment of Water Valve Box:
Shall include the installation and adjustment of a Tyler 6860 series model #69 adjustable riser. Before adjusting
valve boxes to proper elevation, the asphalt or concrete shall be removed to form a smooth and uniform
circle. Removal of the asphalt and/or concrete shall be included in the cost; it will not be measured and paid for
separately. When adjusting existing valve boxes, reconnect existing tracing wire, if present.
The adjustable risers shall be adjusted to the final grade during the paving operation (there will be no
additional payment for this work-include the cost in this item. The lids are to be clean and free of asphalt after the
completion of paving. Final elevation of the valve box shall be from 1/8 inch to 1/4 inch lower than the existing
pavement. All valve boxes shall be installed to enable future adjustments for overlays.
If required this item shall include the removal and replacement of the existing top section shall be fully exposed
to the adjacent lower section and adjusted or replaced. The top section shall be adjusted to a height so that a
Tyler 6860 series model #69 screw-in adjustable riser can be installed.
If the existing top section does not have sufficient adjustment, to be raised or lowered, so that the Tyler 6860
series model # 69 screw-in adjustable riser can be adjusted to final grade, the Contractor shall obtain a
shorter or longer top section.
In the event that the existing valve box casting is defective due to damage caused by the Contractor, the valve
box casting shall be replaced at the Contractor's expense.
If required this item shall include the removal and replacement of the existing lower section of the existing valve
box. The entire length of the valve box shall be centered and plumbed over the operating nut. The valve body
shall not support the valve box. If the existing valve box does not have sufficient adjustment to raise or lower to
grade, the Contractor shall obtain the correct length bottom section.
In the event that the existing valve box assembly is defective due to damage caused by the Contractor, the
valve box assembly shall be replaced at the Contractor's expense.
Subsection 210.13 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Reset Electrical Box (Private) Each
Reset Light Standard (Private) Each
Adjust Manhole (Sanitary) Each
Modify Manhole Each
Adjust Valve Box Each
END OF SECTION REVISION
33
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
REVISION OF SECTION 212 - SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING
Section 212 of the Standard Specifications is hereby revised for this project as follows:
MATERIALS
Subsection 212.02
Seed, Soil Conditioners, Fertilizers and Sod.
Replace “Species shall be as shown on the plans” (c) – Sod, with the following:
Turfgrass Sod: Certified Approved Number 1 Quality/Premium, including limitations on thatch, weeds,
diseases, nematodes, and insects, complying with TPI's "Specifications for Turfgrass Sod Materials" in its
"Guideline Specifications to Turfgrass Sodding." Furnish viable sod of uniform density, color, and texture,
strongly rooted, and capable of vigorous growth and development when planted.
Turfgrass Species: Sod of grass species as follows, with not less than 85 percent germination, not less
than 95 percent pure seed, and not more than 0.5 percent weed seed:
Type: Proportioned by weight as follows:
100 percent Kentucky bluegrass (Poa pratensis), a minimum of three improved varieties.
CONSTRUCTION REQUIREMENTS
Subsection 212.04
Lawn Grass Seeding. Bluegrass seeding is not a part of the project. Delete this section from
the specifications.
Subsection 212.05
Sodding, (c) Fertilizing and Soil Conditioning.
Soil Conditioning - Soil conditioners (compost) was added to the pre-amended topsoil as described is Section
207. Additional / supplemental compost is not required as part of this Section.
Fertilizing - Contractor to use the following placeholder types and quantities for the establishment of bid pricing
only.
Nitrogen (N) 35 lbs. / acre
Phosphorous (P) 40 lbs. / acre
Potassium (K) 300 lbs. / acre
Calcium (Ca) 2,000 lbs. / acre
Magnesium (Mg) 600 lbs. / acre
Examination. Verify rough grading is within one-tenth of a foot. Verify site is free from obstructions, objects, or
structures that are not a part of the final site construction. Verify major drainages are completed and in place. Do
not start work until the site is acceptable. Once landscape grading has commenced, the Landscape Contractor
shall be responsible for bringing all grading to final line and grade and creating positive drainage.
Clearing. Prior to soil preparation, existing vegetation not to remain and which might interfere with the specified
soil preparation shall be cleared, grubbed, raked, and the debris removed from the site. Prior to or during grading
or tillage operations the ground surface shall be cleared of materials which might hinder final operations.
Protection - Field locate all buried cables, wires, electrical service, irrigation lines and any other subsurface
34
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
element that may be damaged during ripping operations. Stake and/or paint locations with an easily visible
system that will enable equipment operators to avoid damaging buried utilities.
Roundup (glyphosate) Application. Apply to areas to be seeded a minimum of two (2) weeks after topsoil has
been distributed and prior to seeding. Apply Roundup only when weeds are growing vigorously. Apply at
manufacturers maximum recommended rate.
METHOD OF MEASUREMENT
Subsection 212.07
Delete paragraph 3. from the specifications. Soil conditioning is not required here, as it has been included in
Section 207 – Topsoil, and pre-blended as part of the imported topsoil work.
BASIS OF PAYMENT
Subsection 212.08
Delete “Lawn Seeding” from the payment schedule.
Delete “Soil Conditioning” from the payment schedule.
Finish grading, utility locates, fertilizer and herbicide application will not be measured and paid for separately, but
shall be included in the work.
Payment will be made under:
Pay Item Pay Unit
Sodding Square Foot
END OF SECTION REVISION
35
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
REVISION OF SECTION 212 –TREE RETENTION AND PROTECTION
Section 212 of the Standard Specifications is hereby revised for this project as follows:
Subsection 212.01 shall include the following:
Tree retention and protection includes general protection and pruning of existing trees and plants that are affected
by execution of the Work, whether temporary or permanent construction. The following definitions apply:
1) Caliper: Diameter of a trunk measured by a diameter tape or the average of the
smallest and largest diameters at 6 inches above the ground for trees up to, and
including, 4-inch size; and 12 inches above the ground for trees larger than 4-inch size.
2) Plant-Protection Zone: Area surrounding individual trees, groups of trees, shrubs, or
other vegetation to be protected during construction, and indicated on Drawings.
3) Tree-Protection Zone: Area surrounding individual trees or groups of trees to be
protected during construction, and defined by a circle concentric with each tree with
a radius 1.5 times the diameter of the drip line unless otherwise indicated.
4) Vegetation: Trees, shrubs, groundcovers, grass, and other plants.
Subsection 212.02 shall include the following:
(d) Protection-Zone Fencing: Fencing fixed in position and meeting the
following requirements. Previously used materials may be used when approved by
Engineer.
1. Plastic Protection-Zone Fencing: Plastic construction fencing constructed of
high- density extruded and stretched polyethylene fabric with 2-inch maximum
opening in pattern and weighing a minimum of 0.4 lb/ft.; remaining flexible
from minus 60 to plus 200 deg F; inert to most chemicals and acids; minimum
tensile yield strength of 2000 psi and ultimate tensile strength of 2680 psi;
secured with plastic bands or galvanized-steel or stainless-steel wire ties; and
supported by tubular or T-shape galvanized-steel posts spaced not more
than 8 feet apart.
a. Height: 4 feet
b. Color: High-visibility orange, nonfading.
Add Subsection 212.061 immediately following Subsection 212.06
212.061 Tree Retention and Protection City of Fort Collins Forestry Division
1. All tree protection and replacement requirements in LUC 3.2.1.F.G. shall be followed. Existing trees shall
be inventoried. All existing trees in the potential construction impact zone shall be numbered and
identified by species, size, condition, intent to save or remove and mitigation.
2. All tree pruning, removal and protection shall adhere to the requirements found in the City of Fort Collins
Tree Management Standards and Best Management Practices manual which was approved by the City
Manager March 31, 2010.
3. Existing trees marked for protection and preservation shall not be removed.
36
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
4. The critical root zone of each existing tree designated to be preserved shall be protected so that soil
compaction does not occur. This will include restricting equipment use and material storage in the critical
root zone of each tree.
5. Avoid cutting surface roots whenever possible. All grading, sidewalk and paving levels should be
contoured sufficiently to avoid root or trunk damage. At any location where roots need to be disturbed or
cut, contact the City Forestry Division for review prior to any disturbance or cutting.
6. When root cutting is necessary, the cuts should be made using a sharp saw or appropriate tool so that
extra root tissue is not damaged. Cuts should be smooth, flush and completed very quickly after root
exposure occurs. Once the root cutting is complete, immediately cover the exposed root tissue with good
soil and then water the area to avoid root dehydration. Root pruning shall be reviewed by the City
Forestry Division and performed by a certified arborist for any roots over 2” in diameter.
7. Tree protection shall be set up and implemented prior to construction. Tree protection shall incorporate
the following criteria:
a. All existing trees to be retained in close proximity to any construction activity shall be protected using
a fencing material that meet or exceed the following criteria:
1) Fencing material would have a minimum height of 5 feet.
2) Fencing may consist of orange snow fencing or other suitable material.
3) Protection barrier fencing shall be supported by 1” X 1” metal posts or similar sturdy stock.
4) Concrete blankets or other suitable material shall be wrapped around the trunk of trees that
are in close proximity to actual construction activities. At a minimum, the bottom 6 feet of the
trunk shall be wrapped.
b. The actual location of tree protection fencing should be determined by an onsite meeting between the
Forestry Division representative and the appropriate contractor representative.
c. Partial fencing within the protection zone may be required as necessary.
d. There shall be no movement of equipment or storage of equipment, materials, debris, or fills or cuts
within the critical root zone area unless approved by the City Forestry Division.
e. Modification or removal of tree protection fencing or blanket wrap must be approved by the Forestry
Division prior to the removal of such protection.
8. Within the drip line of any tree marked for retention and preservation, there shall be no cut, excavation or
fill unless a qualified arborist or forester has evaluated and approved the disturbance. Approved cut,
excavation or fill within the drip line of existing trees must be accomplished using methods approved by a
qualified arborist and City Forestry Division. This may include the required use of hand tools or an air
spade when necessary.
9. In order to protect the critical root zone of each tree, or group of trees, to be retained, the following criteria
must be followed:
a. Equipment or material shall not be washed, cleaned or rinsed within the drip-line of any trees.
b. Equipment or materials shall not be stored within the drip-line of any trees.
c. Potentially harmful materials such as paints, oils, solvents, asphalt, concrete, motor oil or any
other material harmful to the life of a tree shall be kept out of the drip-line of any tree.
10. Attachments such as wires, cables, winches, ropes, signs, notices or permits shall not be fastened to any
protected tree.
11. All protected existing trees shall be pruned to the City of Fort Collins Forestry Standards. All required or
optional tree removal or pruning shall be performed by a private tree service holding a current City of Fort
Collins Arborist license.
12. Applying thick layers of wood mulch over a portion of the root system of existing trees may be directed at
individual locations to adequately prevent soil compaction during construction activity.
13. Loss or potential injury to any tree(s) shown to be retained due to contractor neglect or improper
construction activities will result in a penalty of up to full damages for the assessed value of the tree(s) as
determine by the City Forestry Division or qualified arborist using the Council of Tree an Landscape
Appraiser Guide for Plant Appraisal (most recent edition). Full loss or partial injury value will be assessed
to the contractor.
37
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
14. A fine of one-thousand dollars may be levied against the contractor for each incident of unnecessary
damage to existing trees by not following the tree protection notes. If a financial penalty is not imposed for
a violation, the City project manager shall document the incident with an explanation of why a fine was
not imposed.
15. The contractor is responsible for scheduling tree inspections with the City Forester or consulting arborist
at critical phases of the project. There shall be daily coordination of field crews by the contractor during
the critical phases of the project to ensure the tree protection specifications as well as the direction
received from the City Forester or a consulting arborist is followed. Critical phases are defined as work
being conducted in proximity of trees to be protected or transplanted where any form of damage could
occur. Examples could be demolition of existing concrete, root pruning, construction of retaining walls and
construction of new curb.
16. The City Forestry Division shall be notified prior to any trenching, excavation or construction activity
known, or suspected, to involve cutting roots or damaging any of the above ground portions of a
preserved or transplanted tree.
17. When raising the grade around a tree, a dry well is required, when lowering the grade around a tree, a
retaining wall is required. In such instances approval is required by the City Forester.
18. Irrigation lines or any underground fixture requiring excavation deeper than six inches shall be
accomplished by boring under the root system of protected existing trees at a minimum depth of twenty-
four inches. The auger distance is established from the face of the tree (outer bark) and is scaled from
tree diameter at breast height (see table).
19. Soil cultivation should not exceed 2 inches in depth within the drip line of any existing protected tree. The
grade should also not be raised more than 2 inches within the drip-line of any existing protected tree.
Tree Diameter at Breast Height (inches) Auger Distance From Face of Tree (feet)
0-2 1
3-4 2
5-9 5
10-14 10
15-19 12
Over 19 15
Subsection 212.07 shall include the following:
Tree retention and protection will not be measured, but will be paid for on a lump sum basis. The lump sum
price bid will be full compensation for all work required to complete the item.
Subsection 212.08 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Tree Retention and Protection Lump Sum
END OF SECTION REVISION
38
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
REVISION OF SECTION 213– MULCHING
Section 213 of the Standard Specifications is hereby revised for this project as follows:
Section 213 of the Standard Specifications is hereby revised for this project as follows:
DESCRIPTION
Subsection 213.01
Add to the description as follows:
“...work also consists of furnishing and placing aggregate inorganic mulch to include – 1.5” dia. Tan River Rock, 3”
to 6” dia. Tan River Rock and 8” to 12” dia. River Cobble; and Landscape Boulders, and landscape weed barrier
fabric.
MATERIALS
Subsection 213.02
Wood (Organic) Mulch. Delete the “wood chip mulch” specified and replace with the following:
Wood (Organic) Mulch: Ground or shredded, 4” depth (minimum) – no weed barrier
required.
Steel Landscape Edging. Delete the “Steel Edging” specified and replace with the following:
Steel Landscape Edging. Contractor to provide commercial-steel header, rounded top edge, fabricated in
sections of standard lengths, with loops stamped from or welded to face of sections to receive stakes as
follows:
Manufacturers: COL-MET Commercial Grade Steel Edging (1101) or approved substitute.
Edger Size: 1/8” thick by 4 inches
Stakes: Tapered steel, a minimum of twelve inches (12”).
Accessories: Standard tapered ends, corners, and splicers.
Finish: Standard paint – Green.
Add to this sub-section as follows:
Landscape Weed Barrier Fabric. Materials for weed barrier shall be a non-woven geotextile material suitable for
this purpose such as Mirafi 140, Typar 3341, or Polyspun 300 or approved equivalent. Submit brand name and
model number/name of proposed weed barrier to be used.
In-organic Mulch – 1.5” dia. Tan River Rock. 3” deep, hard, durable stone, washed free of loam, sand, clay, and
other foreign substances.
In-organic Mulch – 3” to 6” dia. Tan River Rock. Hard, durable stone, washed free of loam, sand, clay, and other
foreign substances.
In-organic Mulch – 8” to 12” dia. River Cobble. Hard, durable stone, washed free of loam, sand, clay, and other
foreign substances.
39
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
Landscape Boulders.
Stone Type: Colorado Buff Sandstone
Approved Suppliers:
A. Trinity Stone (Fort Collins), 970.222.2141
B. Tribble Stone (Boulder), 303.444.1840
C. Colorado Materials (Longmont), 303.682.2314
D. Or approved equivalent.
Boulder sizes shall be as indicated on the plans.
Quantities and locations as identified on the plans.
CONSTRUCTION REQUIREMENTS
Subsection 213.03
Revise (e) Steel Landscape Edging to read as follows:
Install by laying out beds scaled from the plans. Stake, flag, or paint proposed beds prior to installation of edging
and obtain review of Owner's Representative of layout prior to installation. Install header plumb with grade and
stake at minimum ten (10) foot intervals. Establish top of header one inch (1") above finish grade in turf areas.
Install using straight lines or long smooth curves. Provide v-shaped drainage openings two inches (2”) wide and
one inch (1”) depth at low points in the bed, at outlet point for drainage appurtenances such as downspouts
including overflow drains and at ten (10) foot intervals maximum. Do not install steel landscape edger around
mulch rings in lawn areas.
Add (g) Landscape Weed Barrier Fabric as follows:
Prior to placing mulch and planting in mulch beds, apply Roundup herbicide to weeds and allow beds to sit for
seven (7) days. Place wood mulch in shrub beds and tree planting rings in turf areas. Place mulch in four-inch
(4”) depth layer. Gently brush mulch off of plants once installed. Take care in placement not to damage planted
materials.
Prior to placing in-organic mulch, install landscape weed barrier fabric according to manufacturer's written
instructions. Completely cover area to be rock mulched (or as described on the Drawings) overlapping edges a
minimum of six-inches (6”). Seams and edges shall be pinned at 12” min intervals.
Add (i) In-organic Mulch – 1.5” dia. Tan River Rock as follows:
Apply 3-inch average thickness of rock mulch, and finish level with adjacent finish grades. Landscape fabric is
required in river rock mulch areas.
Add (j) In-organic Mulch – 3” to 6” dia. Tan River Rock as follows:
Apply 3-inch to 6-inch (single layer, completely covering the weed barrier fabric) compacted average thickness of
3-inch to 6-inch mulch, and finish level with adjacent finish grades. Landscape fabric is required in all 3-inch to 6-
inch river rock mulch areas.
Add (k) In-organic Mulch – 8” to 12” dia. River Cobble as follows:
Apply a single layer of mechanically placed, followed by hand placed/distributed. Landscape fabric is required
beneath all 8-inch to 12-inch river cobble.
Add (m) Landscape Boulders as follows:
40
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
A. Placement of Landscape Boulders:
1. Prior to installation of boulders, excavate areas where boulder will be placed, and
compact subgrade soils beneath boulders, as indicated in the drawings.
2. Place boulders with most attractive face oriented towards sidewalk/street, unless
otherwise noted or directed by the Owner’s Representative.
3. Bury approximately 1/3 the height of the boulder, unless otherwise noted.
4. Locations and quantity shall be as indicated in the Drawings. Final placement of
boulders shall be reviewed and approved on site by the Owner’s Representative prior to
placing paving, surfacing and landscaping in abutting areas as required.
5. Use protection (rubber pads or carpet) on equipment to reduce scaring.
METHOD OF MEASUREMENT
Subsection 213.04
The quantity of Landscape Weed Barrier Fabric will be measured by the actual square yards placed. Pins for
weed barrier placement will not be measured separately, but shall be included in the work.
The quantity of 1.5” dia. Tan River Rock will be measured by the actual tonnage of material placed.
The quantity of 3” to 6” dia. Tan River Rock will be measured by the actual tonnage of material placed.
The quantity of 8” to 12” dia. River Cobble will be measured by the actual tonnage of material placed.
The quantity of Steel Landscape Edging will be measured by the actual linear feet placed. Pins for steel edging
placement will not be measured separately, but shall be included in the work.
Landscape Boulders will be measured by the actual quantities, in the specific sizes identified on the plans.
Excavation and backfill for boulder placement will not be measured separately, but shall be included in the work.
BASIS OF PAYMENT
Subsection 213.05. Add the following line items to the Pay Schedule as follows:
Payment will be made under:
Pay Item Pay Unit
Mulching (Wood Chip) Cubic Foot
Inorganic Mulch – 8” to 12” River Rock/Cobble Ton
Inorganic Mulch – 3” to 6” Tan River Rock Ton
Inorganic Mulch – 1.5” Tan River Rock Ton
Landscape Weed Barrier Fabric Square Yard
Steel Landscape Edging Linear Foot
Landscape Boulder – ‘A’ Boulder Each
Landscape Boulder – ‘B’ Boulder Each
Landscape Boulder – ‘C’ Boulder Each
END OF SECTION REVISION
41
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
REVISION OF SECTION 214 – PLANTING
Section 214 of the Standard Specifications is hereby revised for this project as follows:
MATERIALS
Subsection 214.02 shall include the following:
Plant List. A plant list is provided on the plans. Quantities shown on the list are for information only. Contractor
shall be responsible for verifying quantity takeoffs as shown on the drawings. In the event of a discrepancy
between quantities shown on the plant list and quantities depicted on the plans, the quantities depicted on the
plans shall govern.
Guying and Staking. Material includes 14 AWG wire with 1/2" x 12" PVC sleeves and stake protection cap per
each stake.
CONSTRUCTION REQUIREMENTS
Subsection 214.04
Landscape Establishment.
The duration of the Landscape Establishment period shall be from initial installation thru final acceptance.
Subsequent maintenance and warranty replacements shall be the City’s responsibility following final acceptance
for the entire/completed project. The contractor shall NOT be responsible for any warranty requirements on the
irrigation or landscaping following final acceptance.
After all planting on the project is complete, a plant inspection shall be held including the Contractor, Engineer,
and the Landscape Architect to determine acceptability of plant material. During inspection, an inventory of
rejected, dead or dying material will be made, and corrective and necessary cleanup / replacement measures will
be determined.
From the time of installation, during construction, and throughout the Landscape Establishment Period, the
Contractor shall maintain plant material, sodded and seeded areas in a healthy and vigorous growing condition,
and ensure the successful establishment of vegetation.
Dead, dying or rejected material shall be removed each month during the Landscape Establishment Period as
directed by the City’s Project Manager or City Forester. Plant replacement shall be performed during the spring
planting season or at the beginning and end of the Landscape Establishment Period. Plant replacement stock
shall be planted in accordance with the original contract specifications and is subject to all requirements specified
for the original material. Plant replacement shall be at the Contractor’s expense.
Subsection 214.04
Delete paragraphs 5. and 6. and replace with the following:
The trees and shrubs planted by the Contractor shall be watered 20 gallons twice per month per tree and two
gallons twice per month per shrub by the Contractor until the irrigation system on private property is restored and
accepted. At that point, the private property owner will be notified that the trees and shrub’s care will be their
responsibility. The contractor will be responsible for the warranty of the trees and shrubs through the warranty
period. Periodic inspections will be conduction by project owner / staff and the Contractor will be notified of any
issues of establishment or growth as found.
42
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
METHOD OF MEASUREMENT
Subsection 214.05 shall include the following:
Soil material for tree, shrub, ornamental grass and perennial backfill mix, guy, webbing, tree stakes, protective
caps and PVC pipe sleeve and wrap for trees, will not be measured and paid for separately but shall be included
in the work.
BASIS OF PAYMENT
Subsection 214.06 Delete the fifth paragraph and replace with the following:
The initial watering during the planting of trees and shrubs will not be paid for separately, but shall be included in the
price of the work.
Watering of trees and shrubs after receipt of the Notice of Substantial Landscape Completion will not be measured
and paid for separately but shall be included in the work.
Water used for the Landscape Establishment Period will not be measured and paid or separately but shall be
included in the work.
Subsection 214.06
Delete the seventh paragraph including item (1) and (2), and the last paragraph of the subsection.
Payment will be made under:
Pay Item Pay Unit
Deciduous Canopy Trees Each
Ornamental Trees Each
Evergreen Shrubs Each
Ornamental Grasses/Perennials Each
END OF SECTION REVISION
43
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
REVISION OF SECTION 250 – ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT
Section 250 of the Standard Specifications is hereby revised for this project as follows:
Subsection 250.01 shall include the following:
Smith Environmental and Engineering conducted an Initial Site Assessment (ISA) for the Drake & Shields
Intersection Improvements project. In the ISA report there was evidence of underground tanks not in the
project area but in the adjacent area. For details please refer to Appendix B for the ISA Report.
END OF SECTION REVISION
44
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
REVISION OF SECTION 304 – AGGREGATE BASE COURSE
Section 304 of the Standard Specifications is hereby revised for this project as follows:
METHOD OF PAYMENT
Subsection 304.07 Add the following:
Aggregate Base Course will be measured by the Ton compacted in place.
In full depth reconstruction areas of the roadway assume 12” ABC.
In the raised median, 8” ABC will be assumed under the raised median concrete cover material.
BASIS OF PAYMENT
Subsection 304.08 Add the following:
Payment will be made under:
Pay Item Pay Unit
Aggregate Base Course (Class 5 or 6) Ton
END OF SECTION REVISION
45
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
REVISION OF SECTION 403 - HOT MIX ASPHALT
Section 403 of the Standard Specifications is hereby revised for this project as follows:
Subsection 403.02 shall include the following:
The design mix for hot mix asphalt shall conform to the following:
Table 403-1
Property
Test
Method
Value For Grading
S (100)
S(75)
Air Voids, percent at: N
(design)
CPL 5115
3.5-4.5
3.5-4.5
Lab Compaction
(Revolutions): N (design)
CPL 5115
100 75
Stability, minimum CPL 5106 30 28
Aggregate Retained on the
4.75 mm (No. 4) Sieve with at
least 2 Mechanically Induced
fractured faces, % minimum
CP 45
90
(80 for SG)
90
(80 for SG)
Accelerated Moisture
Susceptibility Tensile Strength
Ratio (Lottman), minimum
CPL 5109
Method B
80 80
Minimum Dry Split Tensile
Strength, kPa (psi)
CPL 5109
Method B
205 (30) 205 (30)
Grade of Asphalt Cement, Top
Layer
Grade of Asphalt Cement,
Layers below Top
PG 64-22 PG 58-28
Voids in the Mineral Aggregate
(VMA) % minimum
CP 48
Voids Filled with Asphalt
(VFA), %
AI MS-2 65 - 75 65 – 80
Dust to Asphalt Ratio Fine
Gradation Coarse Gradation
CP 50
Note: AI MS-2 = Asphalt Institute Manual Series 2
Note: The current version of CPL 5115 is available from the Region Materials Engineer.
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
1.0 percent below the mix design optimum.
Table 403-2
Minimum Voids in the Mineral Aggregate (VMA)
Nominal Maximum
Size*, mm (inches)
***Design Air Voids **
3.5%
4.0%
4.5%
37.5 (1½) 11.5 12.0 12.5
25.0 (1) 12.5 13.0 13.5
19.0 (¾) 13.5 14.0 14.5
12.5 (½) 14.5 15.0 15.5
9.5 (⅜) 15.5 16.0 16.5
* The Nominal Maximum Size is defined as one sieve larger than the
first sieve to retain more than 10%.
** Interpolate specified VMA values for design air voids between those
listed.
*** Extrapolate specified VMA values for production air voids beyond
those listed.
The Contractor shall prepare a quality control plan outlining the steps taken to minimize segregation of HMA. This
plan shall be submitted to the Engineer and approved prior to beginning the paving operations. When the
Engineer determines that segregation is unacceptable, the paving shall stop and the cause of segregation shall
be corrected before paving operations will be allowed to resume.
Hot mix asphalt for patching shall conform to the gradation requirements for Hot Mix Asphalt (Grading S). A
minimum of 1 percent hydrated lime by weight of the combined aggregate shall be added to the aggregate for all
hot mix asphalt.
Subsection 403.03 shall include the following:
The Contractor shall construct the work such that all roadway pavement placed prior to the time paving
operations end for the year, shall be completed to the full thickness required by the plans. The Contractor's
Progress Schedule shall show the methods to be used to comply with this requirement.
Subsection 403.04 shall include the following:
Near the Median area, assume 5” of HMA will be necessary for the bottom course and then it will be finished
with the 3” Overlay
For full depth reconstruction areas the pavement section shall be:
3” of HMA (Grade S) (100) (PG 64-28) (Modified Binder Mix w/ Modified Oil)
5” of HMA (Grade S) (75) (PG 58-28) (2 - 2 ½” Lifts)
For Overlay areas the pavement section shall be:
3” of HMA (Grade S) (100) (PG 64 - 28) (Modified Binder Mix w/ Modified Oil)
Delete subsection 403.05 and replace with the following:
403.05 The accepted quantities of hot mix asphalt will be paid for in accordance with subsection 401.22, at the
contract unit price per ton complete in place for the bituminous mixture.
47
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
Payment will be made under:
Pay Item Pay Unit
Hot Mix Asphalt (Patching) (Median) (Grading S 75)(PG 58-28) (Assumed 5”) Ton
Hot Mix Asphalt (Grading S 75)(PG 58-28)(Assumed 5”) Ton
Hot Mix Asphalt (Grade S 100)(PG 64-28)(Assumed 3”)(Overlay) Ton
Aggregate, asphalt recycling agent, additives, hydrated lime, and all other work necessary to complete each hot
mix asphalt item will not be paid for separately, but shall be included in the unit price bid. The pay item includes
the PG binder grade, the asphalt cement will not be measured and paid for separately, but shall be included in
the work.
Excavation, preparation, and tack coat of areas to be patched will not be measured and paid for
separately, but shall be included in the work.
Emulsified asphalt for prime and tack coats will not be measured and paid for separately, but shall be
included in the Hot Mix Asphalt pay items.
END OF SECTION REVISION
48
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
REVISION OF SECTION 504 - CONCRETE WALL
Section 504 of the Standard Specifications are hereby revised for this project as follows:
Subsection 504.01 shall include the following:
The work shall consist of a complete in place 6” wide concrete wall with a 6” thick sidewalk and rebar as
shown in the plans. The concrete wall is located along Shields Street on the east side of the roadway at
approximately Station 7+85 to 8+90 on the Cimarron Square Homeowners Association Property.
Subsection 504.04 shall include the following:
The concrete wall on the Cimarron Square Homeowners Association Property will be paid for by the linear foot.
Construction will conform to the detail provided in the plan set and will include all excavation, materials, rebar,
saw cutting, finishing, backfill, equipment, labor, etc. required for complete installation and all associated work
not covered under another item.
Subsection 504.05 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Concrete Wall (6” Wide Wall with 6” Thick Sidewalk) Linear Foot
END OF SECTION REVISION
49
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
REVISION OF SECTION 504 – MASONRY BRICK WALL
Section 504 of the Standard Specifications are hereby revised for this project as follows:
Subsection 504.01 shall include the following:
This work consists of the construction clean new brick masonry including mortar, grout, ties, anchors,
accessories, and removal of surplus material and waste in accordance with these specifications, and in
conformity the plans.
The work shall consist of a complete in place 12” wide masonry brick wall and rebar as shown in the
landscape plans. The masonry brick wall is located along Shields Street on the west side of the roadway at
approximately Station 10+65 to 11+09.
Subsection 504.02 shall include the following:
Brick shall meet the following requirements
(a) Reference Standards:
A. AASHTO M 114.
B. ASTM E514: Standard Test Method for Water Penetration and Leakage Through Masonry.
Conform to the current requirements of applicable portions of standards, codes and
specifications, except where more stringent requirements are shown or specified.
C. ASTM: American Society of Testing and Materials.
D. ASTM C144: Standard Specification for Aggregate for Masonry Mortar.
E. ASTM C150: Standard Specification for Portland Cement.
F. ASTM C270: Standard Specification for Mortar Mix.
G. ASTM C476: Standard Specification for Mortar and Grout for Reinforced Masonry.
H. ASTM E514: Standard Specification for Moisture Resistance in Masonry Assemblies.
I. PCA, current edition.
(b) Clay Bricks:
A. Finish: Finish of new brick shall match finish of brick on existing sign adjacent to new wall.
B. Color(s): Match color(s) of brick on existing sign adjacent to new wall.
C. Depth: 3 5/8"
D. Standard Height: 2 1/4".
E. Length: 7"
F. Corners: Include corner bricks
(c) Brick Suppliers:
A. Suppliers meeting the requirements of the section are acceptable as approved by the Engineer
prior to bidding.
(d) Sandstone Wall Caps:
A. Colorado Buff Sandstone. Sandstone dimensions shall be as indicated in the drawings.
(e) Approved Stone Suppliers:
A. Arkins Park Stone Quarries, Masonville, CO.
B. Loukonen Brothers, Lyons, CO.
50
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
C. Tribble Stone, Boulder, CO
D. Other quarries meeting the requirements of this section are acceptable as approved by the
Engineer prior to bidding.
(f) Mortar and Grout Materials
A. Portland Cement: ASTM C150, Type 1, natural.
B. Hydrated Lime: ASTM C207, Type S for new construction.
C. Aggregate Sand: ASTM C144.
D. Coarse Aggregate for Grout: ASTM C404, less than 3/8".
E. Water: ASTM C270, clean and suitable for domestic consumption.
F. Mortar Coloring: Integral mortar color by Solomon Colors, Springfield, IL, (800) 624-0261, or
approved equivalent. Solomon 10H-Light Buff as basis of design. Design intent shall be to match
the predominant brick color, Section 04400.
G. Admixtures: Pozzolan with approval; calcium chloride not permitted.
H. Integral Water Repellent: Integral polymeric-based water repellent admixture, conforming to
ASTM E514 and achieving an E (Excellent) rating, RainBlok for Mortar by ACM Chemistries, Inc.,
Norcross, GA, (877) 226-1766, or approved equal. Integral water repellent shall be used in all
exterior brick masonry construction.
(g) Mortar and Grout Mixes
A. Mortar Mixes: ASTM C270, Type N mortar with hydrated lime for new veneer masonry
construction. Minimum compressive strength of 750 psi at 28 days, or as indicated on the
Structural Drawings:
1. 1 part Portland cement, Type 1.
2. 1/4 to 1/2 part hydrated lime.
3. 2-1/4 to 3-1/2 parts damp, loose sand.
4. Integral water repellent.
5. Mortar coloring.
B. Masonry Grout Mix: Minimum compressive strength of 3,000 psi at 28 days:
1. 1 part Portland cement, Type 1.
2. 2-1/4 to 3 parts damp, loose sand.
3. 1 to 2 parts coarse aggregate.
4. Pozzolan as per manufacturer's recommendations.
5. Air entrainment shall be not more than 5% by volume.
C. Mixtures may change as per manufacturer's recommendations to meet requirements.
(h) Masonry Accessories
A. Brick Masonry Veneer Ties: per plans and details.
B. Anchors: Furnish and set stainless steel anchors, ties and dowels.
(i) Sealer
A. Clear Masonry Sealer: None.
51
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
Subsection 504.03 shall include the following:
Submittals
Supplier and Installer: Submit name of installer and manufacturer from which brick will be received for approval by
the Owner.
Contractor Qualifications: Installer shall have five (5) years successful experience installing brick on projects of
similar scale and complexity.
Brick Samples: Submit sample board of brick material for approval before delivery to the site. Alternately, submit
multiple individual bricks. Samples shall include shapes, sizes and kinds in sufficient number to show full range of
size, color, cut and texture of each type of brick specified. Final approval shall be by the Owner.
Sandstone Cap Sample: Submit 12” x 12” x 3” thick sample of stone
Product Data: Submit manufacturer's product data and specifications for each type of mortar specified, including
certification that each type complies with the specifications.
Samples: Submit samples of manufacturer's full range of mortar colors for selection by the Architect.
Mortar Analysis: Submit three (3) copies of the existing mortar analysis. Inspection and testing shall be
performed by an independent testing laboratory, approved by the Architect, conforming to ASTM E149, E514 and
C270. Testing fees shall be paid as specified in the General and Supplementary Conditions. Test samples shall
be taken at random to provide sampling over the course of work. Materials not conforming to these specifications
shall be removed from the job and replaced.
Delivery, Storage and Handling
Deliver brick material to the site on platforms or pallets. Keep brick completely covered and free from frost, ice
and snow. Handle brick carefully to avoid chipping, breakage, contact with soil or contaminating materials. Store
mortar materials in dry place. Damaged materials shall not be used.
Environmental Conditions
Maintain materials and surrounding air temperature to minimum 50° F prior to, during and 48 hours after
completion of brick work.
During freezing or near-freezing weather, provide adequate equipment or cover to maintain a minimum
temperature of 50° F and to protect brick work completed or in progress.
Maintain temperature of mortar and grout between 70° F and 100° F.
Contractor shall use only one (1) type mortar to ensure uniform color. Masonry cement is not permitted.
Protect partially completed brick masonry against weather when work is not in progress by covering top of walls
with strong, waterproof, non-staining membrane. Extend membrane at least 2' down both sides of walls and
anchor securely in place.
Cold Weather Installation:
A. Do not use frozen materials or materials mixed or coated with ice or frost.
B. Do not use anti-freeze compounds, calcium chloride or substances containing calcium chloride in
mortar or grout.
52
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
C. Do not build on frozen work. Remove and replace work damaged by frost or freezing.
D. Do not heat water above 106° F.
E. When mortar or grout materials have been combined, temperature of the mixture shall not be less
than 70° F or more than 100° F.
F. Materials shall be preconditioned and protected as follows:
1. When air temperature is below 40° F and above 32° F, heat mixing water. Protect masonry
from rain or snow for 24 hours by means of waterproof covers.
2. When air temperature is below 32° F and above 20° F, heat both sand and mixing water.
Maintain a temperature of at least 40° F on both sides of walls by means of suitable covers or
enclosures for 24 hours.
3. When air temperature is 20° F and below, heat sand, mixing water and block and provide
heated enclosures. A temperature of at least 40° F shall be maintained within enclosures for
48 hours.
4. Periods required for protection and maintenance of specified temperatures may be reduced
to 1/2 of those specified herein before if Type III Portland cement is used with the Engineer's
approval.
G. Hot Weather Installation:
1. During very hot weather and drying wind, the Engineer may order very light fog spray of
mortar bedding areas several times during the first 24 hours to prevent premature drying of
mortar.
Masonry Installation
(a) General:
A. Brick Masonry Installer shall check lines and levels and verify existing conditions prior to
commencing work of this Section. Notify the Contractor in writing of conditions or discrepancies
which may affect the successful installation of the brick masonry work. Do not begin work until
conditions are corrected in a manner acceptable to the Installer.
B. Ensure items built-in by other trades for this work are properly located and sized.
C. Establish lines, levels and coursing. Protect from disturbance. Place brick masonry in
accordance with lines and levels indicated on the Drawings.
D. Ensure that wall ties are been properly located and installed.
E. Clean and dry brick units prior to installation.
(b) Installation of Veneer Ties. Install corrugated masonry veneer ties in dovetail wall anchor slots in concrete
columns at regular intervals not to exceed 16" o.c. both ways over the face of the concrete.
(c) Installation of Masonry Anchors. Install cast-in dovetail masonry anchors and slots in accordance with
manufacturer's written instructions and recommendations.
Properly install and embed anchors into mortar for random or coursed ashlar installations not to exceed 16" o.c.
53
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
(d) Mortar Batch Control
A. Measure and batch materials either by volume or weight such that the required proportions for
mortar can be accurately controlled and maintained.
B. Mix mortar ingredients for a minimum of five (5) minutes in a mechanical batch mixer. Hand
mixing in a wheelbarrow or other uncontrolled method is not acceptable.
C. Do not use mortar which has begun to set or if more than 2-1/2 hours has elapsed since initial
mixing. Retemper mortar during 2-1/2 hour period as required to restore workability.
1. Ensure addition of integral water repellent for exterior masonry construction, proportioned as
recommended by the manufacturer.
D. Colored Mortar: If colored mortar is specified, mortar color shall be pre-blended, not field mixed.
E. Use mortar within two (2) hours of mixing at temperatures over 80 degrees F, and 2-1/2 hours at
temperatures under 50 degrees F.
(e) Joints
A. General: Lay coursed modular units with 3/8" joints, unless otherwise indicated, except for minor
variations required to maintain bond alignment.
B. Rake out mortar in preparation for application of caulking or sealants where shown.
E. Remove excess mortar and smears upon completion of work.
F. Point out or replace defective mortar to match adjacent work.
G. Clean soiled surfaces using a non-acidic solution which will not harm adjacent surfaces. Consult
masonry manufacturer for acceptable cleaners.
(d) Installation of Brick Masonry and Sandstone Caps
A. Lay, level and align corner units first. Lay brick masonry in running bond.
B. Ensure that courses are of uniform height. Make vertical and horizontal joints equal and of
uniform thickness to match existing.
C. Tolerances: Maximum variation from brick unit to adjacent brick unit to be 3/32".
D. Joint width shall be 3/8" nominal to match balance of masonry work, unless otherwise shown.
E. Do not shift or tap brick and stone units after mortar has taken initial set. Where adjustment must
be made, remove mortar and replace.
(e) Mortar Bedding and Joints
A. Head joints shall be well buttered for thickness equal to 1/2 face dimension of unit or panel and
shall be shoved tightly so that mortar bonds well to both units.
B. Joint Width: As specified above.
(f) Tooling
A. Exposed Joints: Tool joints as scheduled. Rake out mortar in preparation for application of
caulking or sealants as required.
B. Exterior Face of Exterior Walls: Tooled joints to match existing.
C. Concealed Joints: Cut joints flush, unless otherwise shown.
D. Exposed Bench Seat Slab Joints: Tool joints, except exposed horizontal joints shall be cut flush.
E. Joints which are not tight at the time of tooling shall be raked out, pointed and then tooled.
54
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
(g) Cutting and Fitting
A. Cut and fill for fasteners, mounting plates, pipes, conduit sleeves and other items as required.
Cooperate fully with other Sections to ensure correct size, shape and location.
B. Obtain Engineer's approval prior to cutting or fitting any area which is not indicated on the
Drawings or which may impair appearance or strength of masonry work.
(h) Cleaning and Protection
A. General: New masonry shall be thoroughly cleaned upon completion of the work.
B. Remove and replace broken or fractured brick and stone units. Remove excess mortar and
smears upon completion of work. Point or replace defective mortar to match adjacent work.
C. Clean soiled surfaces exposed to view using a non-acidic solution which will not harm brick or
adjacent materials. Consult manufacturer for acceptable cleaners. Use non-metallic tools in
cleaning operations. Leave surfaces prepared for further sealers or coatings, if specified.
(i) Field Quality Control
A. General: Installation of brick masonry units, stone, mortar and grout, and workmanship of joints
shall be in accordance with the standards approved in the sample panel.
B. Brick and stone masonry units shall be sound and free of cracks or other defects that may
interfere with the proper placing of the unit or impair the strength or performance of the
construction.
C. Face or faces that are exposed shall be free of chips, cracks or other imperfections to the
satisfaction of the Architect and Owner, except that chips not larger than 1/4" will be considered
acceptable on a very limited basis.
D. Contractor shall promptly remove rejected brick and stone units or portions of the work and
replace to match the quality of the approved sample panel.
Subsection 504.04 shall include the following:
The masonry brick wall will be paid for by the linear foot. Construction will conform to the detail provided in the
plan set and will include all excavation, materials, waterproofing, rebar, saw cutting, finishing, backfill, equipment,
labor, etc. required for complete installation and all associated work not covered under another item.
Brick Masonry Veneer will be measured by the square foot of veneer constructed and accepted. Wall anchors,
wall ties, mortar and grout will be considered incidental to the work and will not be measured and paid for
separately but shall be included in the work.
Sandstone Cap will be measured by the linear foot of stone cap constructed and accepted. Wall anchors, dowels,
wall ties, mortar and grout will be considered incidental to the work and will not be measured and paid for
separately but shall be included in the work.
55
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
Subsection 504.05 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Masonry Brick Wall (12” Wide Wall) Linear Foot
END OF SECTION REVISION
REVISION OF SECTION 601 - CONCRETE FINISHING
Section 601 of 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.
END OF SECTION REVISION
56
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
REVISION OF SECTION 603 - CULVERTS AND SEWERS
Section 603 of the Standard Specifications is hereby revised for this project to include the
following:
Subsection 603.02 shall be revised to include the following:
All reinforced concrete pipe and bends shall be Class III unless otherwise specified in the plans. Reinforced
concrete pipe and bends shall also meet the minimum requirements for Class 2 sulfate resistance (refer to
Section 601 of the Standard Specifications).
Pipe joints for reinforced concrete pipe shall be bell and spigot complying with the applicable requirements of
ASTM C 361. The spigot end shall be of a grooved or ―profile‖ design to accommodate an appropriate rubber O-
ring or ―profile‖ gasket conforming to the requirements of ASTM C 361.
Subsections 603.03 through 603.10 shall be revised to include the following:
Culvert pipes and bends shall be constructed continuously, from downstream to upstream, except when
otherwise approved by the Engineer. The Contractor is responsible for matching line and grade as shown within
the Contract Drawings. Bedding material shall be placed in accordance with the Contract Drawings and
applicable Standard Details to provide uniform and continuous support.
Culverts and pipe shall be placed with the groove end facing upstream. Each conduit section shall be set into
position and checked for line and grade prior to continuing placement. The manufacturer’s recommendations
shall be closely followed during installation.
The Contractor shall ensure that all installed culverts are kept clean and free from gravel, dirt and debris during
and after installation. The Contractor shall incur all costs associated with street failures, cave-ins, system
washout and settlements, and culvert cleaning as a result of carelessness during this timeframe.
Subsection 603.11 shall include the following:
Pipe shall be measured on a per linear foot basis for the actual number of linear feet of specified pipe installed.
Subsection 603.12, delete the 2nd to the last paragraph and replace with the following:
Payment will be made under:
Pay Item Pay Unit
15 Inch Reinforced Concrete Pipe (Complete In Place) Linear Foot
Payment shall include but is not limited to all excavation, disposal of excess material offsite, shoring and bracing,
bedding and backfill material (including filter material and geotextile, flowable fill), furnishing and installing pipe,
cleaning existing pipe, lining of pipe, grout, backfill and compaction. Payment shall be made at the applicable
contract unit price for the respective bid items and shall be full compensation for all labor, equipment, materials,
loading, transportation, unloading, installation, excavation, bedding, flowable fill, formwork, reinforcing steel,
concrete/grout, curing, protection of existing facilities, gaskets, joint materials, and all other appurtenant items to
complete the work.
END OF SECTION REVISION
57
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
REVISION OF SECTION 604 – MANHOLES, INLETS AND WATER QUALITY VAULTS
Section 604 of the Standard Specifications is hereby revised for this project as follows:
Subsection 604.01 shall include the following:
This work shall consist of furnishing and installing a Type R Inlet at the locations indicated on the plans. The
inlet shall be designed to remove sediment and other pollutants from stormwater runoff and meet the following
minimum criteria:
CDOT MS4 Permit - Tier 3 BMP Management Levels
Type R Inlet shall be fitted with a BMP Snout and sump constructed in the bottom of the structure as shown on
the plans.
Subsection 604.06 shall include the following:
Measurement for the Type R Inlet will be for each unit (complete) that is installed per the plans,
manufacturer’s recommendations and accepted by the Engineer.
Subsection 604.07 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Inlet Type R L5 (10 Foot) (With Snout®) Each
Payment shall include but is not limited to all excavation, disposal of excess material offsite, shoring and bracing,
bedding and flowable fill, furnishing and installing of the manhole including necessary pipe connections, placement
of backfill and compaction. Payment shall be full compensation for all labor, equipment, materials (e.g. manhole
sections, pipe, gaskets, joint materials, ring and cover, concrete grade rings, etc.), loading, transportation,
unloading, installation, and all other appurtenant items necessary to complete the work.
END OF SECTION REVISION
58
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
REVISION OF SECTION 608 - SIDEWALKS AND BIKEWAYS
Section 608 of the Standard Specifications is hereby revised for this project as follows:
Subsection 608.02 shall include the following:
Concrete for sidewalks and curb ramps shall meet all the requirements of a Class B concrete in Section
601 of the Standard Specifications. Class D may be substituted for class B concrete.
Detectable warnings on curb ramps shall be truncated domes of the dimensions shown on the M-
Standard Details. Truncated dome sections shall be “wet set” in the concrete. Surface applied
products or products that are installed on a sand bed will not be allowed. Truncated domes shall be
brick red or tile red to provide color contrast with the adjoining ramp surface. Approved truncated
domes manufacturers are listed in the table below.
Vendor Name Product Phone Number
Neenah Foundry Company Detectable Warning Plates 800-558-5075
East Jordan Iron Works, Inc. Truncated Dome Plates 800-626-4653
Subsection 608.03 shall include the following:
Concrete curb ramps shall be constructed in accordance with the horizontal layout shown on the plans
and in accordance with CDOT Standard Plan No. M-608-1. Subgrade under sidewalks and curb ramps
shall be moisture and density treated in accordance with Revision of Section 306, “Reconditioning.”
Concrete median nose shall be constructed in accordance with LCUASS “Standard Details for Raised
Median Geometry” Drawing 801.
Subsection 608.05 shall include the following:
Concrete Sidewalk shall be measured on a per square yard basis for the actual number of square yards
of sidewalk constructed at the specified thickness. Contractor shall coordinate with City Engineer for
limits of sidewalk reconstruction.
Concrete Curb Ramps and Concrete Aprons shall be measured on a per square yard basis for the
actual number of square yards of concrete curb ramp and concrete apron constructed. The area of
concrete ramp in the pay item shall include the transition flares, detectable warnings, and pedestrian
curbs if required. The pay limits shall be from the back of the ramp to the back of the curb and gutter.
Contractor shall coordinate with City Engineer for limits of concrete apron reconstruction. Payment for
the curb and gutter shall be included in the respective curb and gutter bid item.
Concrete Median Nose shall be measured by the actual number of median nose that will be complete in
place, constructed in accordance with LCUASS and as directed by the City Engineer.
59
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
Subsection 608.06 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Concrete Sidewalk (6 Inch) Square Yard
Concrete Curb Ramp and Concrete Apron Square Yard
Concrete Median Nose Each
This price shall be full compensation for all labor, materials and equipment necessary to complete the respective
items as well as proof rolling that is required for the subgrade.
END OF SECTION REVISION
60
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
REVISION OF SECTION 609 - CURB AND GUTTER
Section 609 of the Standard Specifications is hereby revised for this project as follows:
Subsection 609.02 shall include the following:
Concrete for curb and gutter poured monolithically with adjacent concrete pavement as shown in the plans shall
be identical to that used for the specified adjacent concrete pavement. The gutter slope shall match the slope of
the adjacent roadway as shown on the plan details.
Concrete for curb and gutter not poured monolithically with adjacent concrete pavement shall meet all the
requirements of a Class B concrete in Section 601 of the Standard Specifications. Class P may be substituted
for class B concrete.
Subsection 609.03 shall include the following:
Subgrade under curb and gutter shall be moisture and density treated in accordance with Revision of
Section 306, “Reconditioning”.
Subsection 609.07 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Curb and Gutter Type 2 (Section I-B) Linear Foot
Curb and Gutter Type 2 (Section II-B) Linear Foot
END OF SECTION REVISION
61
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
REVISION OF SECTION 610 - MEDIAN COVER MATERIAL
Section 610 of the Standard Specifications is hereby revised for this project as follows:
Subsection 610.02 shall include the following:
Colored/patterned concrete shall be installed in the center median at the intersection of Davidson Drive and
Raintree Drive and as shown on the plans. A color additive, Davis Color #641 – Sequoia Sand or approved
equal, shall be mixed with the concrete. The application rate of the color additive shall be at the manufacturer’s
recommended rate. The concrete mix required for median cover material will be required to be submitted and
approved
The median shall include sandscape finish.
Colored concrete shall meet the requirements of Class B concrete in Section 601 of the Standard Specifications.
Class D may be substituted for Class B concrete. The concrete mixture will be a required submittal and typically
carries 100% passing of 3/8” and larger coarse aggregate and utilized the use of a chemical retarder, also a
required submittal.
Subsections 610.04 and 610.05 shall include the following:
Measurement and payment for sandscape concrete shall be per square foot of work that is completed and
accepted. This shall include all labor, materials, equipment and incidentals necessary to complete the work. No
separate payment will be made for joint sealer, pre or post finish preparation, chemical retarder or expansion joint
material.
Payment will be made under:
Pay Item Pay Unit
Median Cover Material (4 Inch Sandscape Concrete) Square Foot
END OF SECTION REVISION
62
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
REVISION OF SECTION 614 - TRAFFIC CONTROL DEVICES
Section 614 of the Standard Specifications is hereby revised for this project as follows:
Subsection 614.01 shall be deleted and replaced with the following:
This work shall be done in accordance with the following, and in case of discrepancy the order of
precedence shall be as follows:
1. Project Special Provisions
2. Larimer County Urban Area Street Standards
3. Project Standard Specifications
4. CDOT Standard Specifications for Road and Bridge Construction 2011
5. The latest revision of the Manual on Uniform Traffic Control Devices for Streets and Highways
published by the FHWA and adopted by CDOT
END OF SECTION REVISION
63
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
REVISION OF SECTION 623 - IRRIGATION SYSTEM
Section 623 of the Standard Specifications is hereby revised for this project as follows:
DESCRIPTION
Subsection 623.01 shall include the following:
This work consists of furnishing and constructing an irrigation system in accordance with these specifications
and in conformity with the lines and grades shown on the plans or established.
MATERIALS
Subsection 623.02 shall include the following:
General. All materials and equipment incorporated into the irrigation system shall be new and of recognized
standard quality. In the case of computer software or hard coded instructions, the latest available version
from the manufacturer is required. All materials shall be of a standard line from a name brand manufacturer,
or must be approved.
Subsection 623.04 shall include the following:
Automatic Controller. The automatic controller shall be an electro- mechanical or microprocessor
based/microelectronic solid state type capable of operating in an automatic or manual mode. The controller
shall have a minimum of six stations. Each station shall be programmed to operate for 1 to 99 minutes, or
0.1 to 9.9 hours. The controller shall have two independent programs with three automatic starts per day for
each program. Each station on the controller shall be assigned to either or both programs. The controller
shall be capable of watering any day or sequence of days on a six or seven day cycle.
Contractor shall install a WeatherTRAK LC Control system as specified in the irrigation plans & details per City of
Fort Collins standards. Coordinate with City of Fort Collins as required.
Attach wire markers to the ends of control wires inside the controller unit housing. Label wires with the
identification number (see drawings) of the remote control valve to which the control wire is connected.
The controller shall operate on a minimum of 117 volts AC power input. Controller electrical output shall be
capable of 26.5 volts AC at 1.5 amps. The controller shall have a reset circuit breaker (1.5 amps holding and
2.5 amps break) to protect it from power overload.
Primary surge protection for 117 volt lines and valve (24 volt) output surge protection shall be installed to
protect the controller.
The automatic controller shall be grounded using two 5/8 inch x 8 foot copper clad grounding rods driven into
the soil. A #10 AWG bare copper wire shall be used to connect the ground rods to the automatic controllers’
protective grounding circuit. The resistance of the ground shall not exceed 5 ohms.
The controller enclosure (including satellite controllers) shall be of a vandal and weather-resistant nature,
manufactured entirely of metal or steel mill-treated with zinc for rust resistance. The main housing shall have
louvers in the upper and lower body to allow for crossflow ventilation.
Subsection 623.05 shall include the following:
Remote Control. Remote control shall consist of an FM, AM, UHF, or VHF radio transmitter/receiver pair with
a minimum range of one mile in congested areas, and shall include battery charger and replacement battery.
64
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
The receiver shall plug into a receptacle installed in the enclosure or panel of the automatic controller.
Remote control shall be capable of turning on/off any station in any order. Remote control shall comply with
all applicable FCC rules and regulations.
Subsection 623.06 shall include the following:
Control Wiring 24 Volt. Control Wiring 24 Volt. Connection between automatic controller and automatic
control valves, flow sensors and moisture sensors shall be made with direct burial copper, 600 volt, UF, UL
approved wire. Minimum wire size shall be #14 AWG. One wire shall be provided for each valve. Wires shall
be color coded according to the basic plant materials irrigated by the lateral. Wire colors shall be:
Wire Color Plant Materials
Purple Spares
Brown Tree
Red Shrubs
Subsection 623.07 shall include the following:
Sprinkler Heads. The sprinkler head shall be of the pop-up spray and pop-up rotor internal drive type. All
sprinkler heads shall be capable of accepting a check valve where head elevation varies more than 5 feet
within a control zone.
(a) Pop-up spray Sprinklers. The pop-up spray sprinkler body, stem, screen, and nozzle shall be constructed
of heavy duty plastic.
(1) A soft pressure-activated wiper seal for cleaning debris from the pop-up stem as it retracts into the
case to prevent stem and nozzle from sticking in the up position.
(2) A matched precipitation rate brass or plastic nozzle with an adjusting screw capable of regulating
the radius and flow.
(3) A screen to protect it from clogging and a strong stainless steel retract spring for positive pop-
down.
(4) A threaded cap that will allow easy removal of the screen and all other internal components from
the top without removing the body from the ground.
Minimum pop-up height for turf heads shall be 4 inches. Spray head pop- up height for turf in roadway
medians shall be at least 6 inches, and shrub, flower, and ground cover spray heads shall be at least
12 inches.
(b) Rotor Heads. The pop-up rotor heads shall be an internal drive type, with heavy duty plastic housings
and non-corrosive internal components. The rotor head shall have a soft pressure-activated wiper seal
for cleaning debris from the pop-up stem as it retracts into the case, to prevent the stem and nozzle
Black Master (Power)
Green Turf
Yellow Perennials
White “Common” or ground wire
65
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
from sticking in the up position. The rotor head shall have a screen to protect it from clogging and a
strong stainless steel retracting spring for positive pop-down. Minimum pop-up height for rotor heads
shall be 3 inches. The rotor head shall have a fully adjustable arc or full circle capabilities and an
adjustable break-up pin capable of reducing the radius up to 25 percent.
Subsection 623.08 shall include the following:
Flow Sensor. The flow sensor shall be an in-line type and shall transmit an electronic pulse through
conductors to a compatible automatic controller with interface unit for subsequent transmission to a
compatible central computer.
Subsection 623.09 shall include the following:
Drip Emitters. The drip emitter shall be of the pressure compensating type with flow rates of 0.5, 1, or 2
gallons per hour plus or minus a 10 percent deviation at 10 to 40 psi. The emitter shall be constructed of
durable plastic with a barbed inlet, and the outlet shall be capable of a watertight connection compatible with
the polyethylene capillary tubing. Emitters shall be of the self-flushing type and capable of clog-free
operation with a 150 mesh strainer. Emitters shall be multi-outlet (six outlets) and shall be installed on the
polyethylene drip lateral line. The ends of the capillary tubing shall be installed on 6 inch plastic stakes with
debris caps on the end of the tubing.
The irrigation dripline shall have factory installed pressure-compensating, inline emitters installed every 12-24
inches. The flow rate from each installed inline emitter shall be 0.6 or 0.9 gallons per hour when inlet pressure
is between 8.5 & 60 psi. The inline diaphragm shall have a pressure regulating diaphragm with a spring action
allow it to self-rise if there is a plug at the outlet hole. The bend radius shall be 3-inches whether bending the
tubing with the bend of the coil or against it. The inlet shall be raised off the inside tube wall to minimize dirt
intrusion.
Subsection 623.10 shall include the following:
Plastic Pipe and Fittings. All pipe shall be identified with the following indelible markings: manufacturer’s
name, nominal pipe size, schedule or class of pipe, pressure rating in pounds per square inch, date of
extrusion, and NSF seal of approval.
Plastic and Copper water lines listed below shall be paid for under section 619.
(a) Mainline Pipe. Mainline pipe shall be Class 200 PVC manufactured from virgin polyvinyl chloride (PVC)
compound in accordance with ASTM D 1784 and D 2466, cell classification 12454-B, Type I, Grade I.
Pipe sizes 3 inches and smaller shall be of the solvent weld type, and sizes larger than 3 inches shall
have rubber gasketed fittings. Fittings shall be standard weight schedule 40 injection molded PVC
conforming to ASTM D 1784 and D 2466, cell classification 12454-B. Threaded nipples shall be
schedule 80 PVC with molded threads conforming to ASTM D 2464. Threaded fittings shall be kept to a
minimum. Cement and cleaner for solvent weld pipe and fittings shall conform to ASTM D 2564.
(b) Lateral Line Pipe. Lateral Line Pipe. Lateral line pipe shall be Class 200 PVC manufactured from virgin
polyvinyl chloride (PVC) compound in accordance with ASTM standards D2241 and D1784, cell
classification 12454-B, Type I, Grade I.
Fittings shall be standards weight Schedule 40 injection molded PVC conforming to ASTM D1784 and
D2466, cell classification 12454-B.
(c) Drip irrigation laterals to pots, use UV radiation resistant polyethylene pipe manufactured from Prime
66
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
Union Carbide G-resin 7510 Natural 7 manufactured by Union Carbide or a Union Carbide Licensee
with a minimum of 2% carbon black, and minimum nominal pipe ID dimension of 0.810" for 3/4 inch
pipe.
(d) Joint Cement and Primer –Weldon P-70 Primer and Weldon 711 Gray Glue or Weldon 725 Wet and
Dry Glue will be allowed.
(e) Irrigation Roadway and sidewalk sleeves. Sleeves shall be Class 200 PVC manufactured from virgin
polyvinyl chloride (PVC) compound in accordance with ASTM standards D2241 and D1784, cell
classification 12454-B, Type I, Grade I.
Subsection 623.11 shall include the following:
Valves.
(a) Automatic Control Valves. The automatic control valve shall be a normally closed 24-volt AC, 60 cycle
solenoid actuated globe or angle pattern, diaphragm type valve. The valve body and bonnet shall be
heavy duty glass filled nylon or brass and internal components (not including diaphragm
and seat disc) shall be non-corrosive brass, bronze, stainless steel, or a combination thereof. Control
valve diaphragms shall be of a one-piece molded reinforced fabric. Control valve shall have a non-
shock cold water rating of at least 150 psi.
Control valves shall function manually (without electrical power) by means of an internal bleeder device
on the bonnet assembly. Control valves 1 inch or greater shall have manual flow control capacity.
Control valves shall be constructed so that the bonnet assembly and all operating parts can be
removed without disturbing the valve body. Valve closure time (measured in actual seat disc movement
time) shall be at least 0.5 second.
(b) Quick-Coupler Valves. The quick-coupler valve shall have a two-piece brass body, a non-shock cold
water rating of at least 150 psi, and 1 inch female pipe threads at the base. The quick-coupler valve
shall be designed to permit operation with a special connecting device (lug type coupler) designed
for this purpose. The quick-coupler shall be provided with a rubber-like vinyl hinged locking cover.
Quick-coupler keys and hose swivels shall be compatible with the quick-coupler valves furnished. Hose
swivels shall be of all brass construction designed to rotate freely.
(c) Mainline Isolation Valves. Mainline Isolation Valves. Gate valves for 3/4-inch through 2-1/2-inch Pipe –
Brass construction; solid wedge, IPS threads, and non-rising stem with square operating nut.
Subsection 623.12 shall include the following:
Valve Box. The valve box, cover and necessary extensions shall be as shown on the plans, and shall be
manufactured or molded, virgin plastic materials conforming to ASTM D 638 and D 648. Box extensions
shall be used as necessary to completely expose the remote control valve and shall seat in place under the
valve box. Valve box lids shall be imprinted “Irrigation Control Valve.”
CONSTRUCTION REQUIREMENTS
Subsection 623.13 shall include the following:
General. Irrigation systems shall be installed in conformity with applicable local codes. Information on the
plans shows general locations only. The Contractor shall establish exact locations of all irrigation equipment
to fit field conditions, and locations will be approved by the Engineer prior to start of construction. Contractor
shall maintain and protect the approved staking layout. Prior to purchase of any irrigation equipment, the
67
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
Contractor shall submit a list of suppliers and specification sheets for all irrigation components. This
submittal must be approved by the Engineer before any equipment purchase is made. At the submittal
stage, all changes in equipment shall be brought to the attention of the Engineer.
Subsection 623.14 shall include the following:
Site Review. At least 14 days prior to the start of irrigation work on the project a preconstruction conference
shall be held. During irrigation installation, monthly meetings shall be held. Those in attendance shall be a
representative of the Contractor’s staff, the Landscape and Irrigation Subcontractors, the Engineer, and a
CDOT Landscape Architect. A written description of work methods, and time schedules and milestone dates
shall be presented. The Contractor shall notify the Engineer prior to mainline pressure testing, coverage
tests, and final review. The Contractor shall provide two radio transceivers with necessary personnel or
remote-control devices to operate automatic controllers during coverage tests and final review.
Subsection 623.15 shall include the following:
Excavation and Backfill. Excavation and backfill shall conform to the requirements of Section 206 and
subsection 703.08(b) (Class 2 Structure Backfill), except that compaction of backfill outside of the roadway
prism may be done by water flooding, with the approval of the Engineer. The Contractor shall maintain
bottoms of trenches flat to permit all piping to be supported on an even grade. Where lines occur under
paved areas, dimensions shall be considered to be below the subgrade. All mainline pipe shall be bedded in
sand to allow a minimum of 2 inches of sand on all sides. Rock larger than 1 inch shall not be placed in the
backfill material.
Where it is necessary to excavate adjacent to existing trees or shrubs, the Contractor shall use all possible
care to avoid injury to the plant root system.
Subsection 623.16 shall include the following:
Pipe Installation. Minimum cover for irrigation pipe shall be as follows:
Lateral Pipes 18 inches below finished grade
Irrigation sleeving 30 inches below finished grade
All pipes under roadways shall be encased in a steel pipe sleeve which shall be jacked or placed in a hole
bored under present roadways, or in a steel or plastic pipe sleeve placed by trenching on new construction.
At least 4 inches of clearance shall be provided between lines and at least 4 feet of clearance between lines
of other trades. Parallel pipes shall not be installed directly over any other line. Manual drain valves shall be
installed at all low points in the mainline. Minimum grade of pipe to drains shall be 3 inches per 100 feet.
Plastic threaded fittings shall be assembled using teflon tape applied to male pipe threads only. Threaded
fittings shall be kept to a minimum. The Contractor shall tape all open ends of the pipe during installation to
prevent entry of any foreign matter into the system.
Mainline Pipes 24 inches below finished grade
Pipe under roadways 30 inches below subgrade finished grade
Drip lines 8 inches below soil grade
68
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
Subsection 623.17 shall include the following:
Kick Blocks. Concrete kick blocks shall be installed when the following conditions occur on 3 inch or
greater mainline pressure pipe:
(1) 22 degree or greater change in pipe direction.
(2) Change in pipe size.
(3) Dead ends in pipes
Subsection 623.18 shall include the following:
Wiring. All 24-volt wire to automatic control valves and flow sensor wiring shall be installed at a minimum
depth of 28 inches below finished grade. Power source wire shall conform to subsection 715.07.
Wiring shall be installed at the side of and under mainline whenever possible. When more than one wire
is placed in a trench, the Contractor shall tape wires together with electrical tape at intervals of 15 feet or
less. A 24 inch coiled expansion loop shall be provided every 300 feet along wire run, before controller
enclosure, at each connection, and at directional changes. Each automatic controller shall have its own
separate ground wire, colored green. Wiring between automatic controller and automatic control valves or
sensors shall be continuous. At locations where splicing is approved by the Engineer, moisture proof
splices shall be made in a valve box. Two extra wires shall be installed along the entire mainline pipe
from each automatic controller to the last automatic control valve. Wire splices shall be compatible in
effectiveness to wire coating. All wire under roadways shall be encased in a separate steel or plastic
conduit.
Wires not following the mainline shall be installed using open trench excavation. Wiring shall not be
installed using a vibratory plow.
Tubing shall be installed to an even grade in an open trench. Flush valve assemblies shall be installed at
all ends of the drip lateral lines.
Prior to backfilling, all capillary drip lines shall be staked with an approved staple, 6 feet on centers.
Subsection 623.19 shall include the following:
Drip Systems. Drip lateral lines and capillary tubing shall be installed after 5 gallon and larger plant
materials are in place and finished grade is established. The Contractor shall tape all open ends of pipe
during installation to prevent entry of debris into the system. All pipe shall be cut with a knife or blade
type pipe cutter to prevent entry of pipe debris into the system; a saw shall not be used.
Tubing shall be installed to an even grade in an open trench. Flush valve assemblies shall be installed at all
ends of the drip lateral lines.
Prior to backfilling, all drip lines shall be staked with an approved staple, 6 feet on centers.
Subsection 623.20 shall include the following:
Valve Boxes. All valve boxes shall be installed flush with the finished grade. A “branding iron” type of tool
shall be used to imprint the automatic control valve number (letters and numbers 2 inches high) on the
valve box lid. Valve numbering system shall be as indicated on the plans. Geotextile filter fabric shall be
placed under valve box and extend a minimum of 4 inches beyond bottom rim of valve box. Valves shall
be grouped so that three or four valves are located together. Valves shall not be installed in low areas
69
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
subject to standing water.
Subsection 623.21 shall include the following:
System Flushing. After all irrigation pipelines and valves are in place and connected, and prior to
installation of irrigation sprinklers, rotary heads, etc., the Contractor shall thoroughly flush all lines with
water at system operating pressure.
Subsection 623.22 shall include the following:
Pressure and Coverage Tests, and Adjustments. After installation of valves, pipe, and fittings, mainlines
shall be inspected for leaks after a minimum 120 psi static pressure (or point-of-connection static
pressure if higher) has been maintained for four hours in a hydro static test. Mainline pipes shall not be
buried until completion of the test. If the system does not pass the test, the Contractor shall detect and
correct problems until the system reaches the acceptable test standard. This test shall be passed prior
to payment for the pipe.
Gasketed pipe shall be tested using a volumetric (make up water) test and leak rates supplied by the pipe
manufacturer and commonly accepted in the industry.
The Contractor shall perform coverage tests in the presence of the Engineer. After the irrigation system is
completed and prior to any planting, seeding or sodding to assure that all irrigated areas are watered
completely and uniformly. The Contractor shall make all necessary adjustments to provide required coverage
as directed.
Drip lateral and emitter coverage tests shall be performed after planting and before backfilling of lateral lines
and emitters.
Subsection 623.23 shall include the following:
Inspections. Inspections by the Engineer or the Engineer’s representative can be made at any point
during construction. Milestone progress dates shall be established at the preconstruction meeting and
72-hour notice shall be given by the Contractor when a milestone event is approaching.
Subsection 623.24 shall include the following:
Irrigation As-Built Plans. The Contractor shall dimension from two permanent reference points, building
corners, sidewalk corners, road intersections or any permanent structures, the location of the following
items:
(1) Routing of irrigation mainline.
(2) All drip and sprinkler automatic control valves.
(3) Quick coupling valves, isolation gate valves, and manual drain valves.
(4) Other related equipment as directed.
The Contractor shall provide an accurately detailed irrigation as-built layout of the irrigation system at the
same scale as the design plans and on 24 inch by 36 inch waterproof medium within 90 days after
installation is complete and before notice of substantial landscape completion as defined in subsection
214.04. An in-progress as-built plan shall be kept on the construction site at all times and available for
impromptu review by the Engineer or the Engineer’s representative.
Provision of the final as-built plan is a condition for final acceptance and release of retainage.
70
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
All changes in the irrigation system layout, including lateral layout, shall also be indicated on irrigation as-
built plans.
The Contractor shall provide finalized as-built plans to the Engineer at the time of Final Landscape
Acceptance.
Subsection 623.25 shall include the following:
Maintenance Manuals and Training. Prior to Final Landscape Acceptance, the Contractor shall provide
two individually bound maintenance manuals to the Department for the irrigation system, and shall train
the owner’s maintenance personnel in the proper operation of all irrigation equipment, including
winterization procedures. Each manual shall contain the following:
(1) Index sheet, stating irrigation contractor’s name, address, telephone number and name of person to
contact.
(2) Duration of equipment or component warranty and warranty form.
(3) Equipment list providing the following for each item:
(i) Manufacturer’s name
(ii) Make and model number
(iii) Name and address of manufacturer’s local authorized distributor
(iv) Spare parts list in detail
(v) Detailed operating and maintenance instructions for major equipment
(4) Descriptions of all installed materials and systems in sufficient detail to permit maintenance personnel
to understand, operate, and maintain the equipment.
The Contractor shall provide a valve sequencing chart for each automatic controller installed. Charts shall not
be prepared until as-builts plans have been approved by the Engineer. Charts shall be installed on the
automatic controller door with photo reduction prints of the as-builts plans. Reduction prints shall be kept to the
largest size possible to retain full legibility.
A readable print of the as-built plans shall be provided showing the area covered by the automatic controller.
The area of coverage of each control valve shall be identified using a distinctly different pastel color, drain
over the entire area of coverage.
Following approval of charts by the Engineer, they shall be hermetically sealed between two layers of
plastic sheet, each 20 mils thick.
Subsection 623.26 shall include the following:
Warranty. The Contractor shall warranty the irrigation system for the duration of the Landscape
Establishment period specified in subsection 214.04. To ensure proper operation of the system, the
Contractor shall perform, as required, warranty activities including, but not limited to the following:
(1) Inspection of the system and correction of system leaks, improperly operating valves, clogged
emitters, malfunctioning automatic controllers and other components
(2) Maintaining optimum sprinkler coverage
(3) Adjusting sprinkler head elevations relative to finish grade
In an emergency the Contractor shall correct all deficiencies within 24 hours of notification by the
71
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
Engineer. The Contractor shall perform irrigation system inspections at least once per week and after
each mowing. The Contractor shall make corrections as necessary to ensure proper operation. The
Contractor shall document each inspection in writing and submit it to the Engineer.
Subsection 623.27 shall include the following:
Final Landscape Acceptance. Before final landscape acceptance is granted, the Contractor shall perform
an overall operation and pressure test and confirm the irrigation system is correctly functioning. The
Contractor shall inspect every sprinkler and as necessary, raise or lower those sprinklers which are no
longer at the proper elevation relative to the finish grade as shown in the plans. The Contractor shall
complete start-up (pressurization) and repair all damage to the irrigation system.
Subsection 623.28 shall include the following:
Cleanup. Upon completion of the work, the Contractor shall restore ground surfaces to required
elevations and remove excess materials, debris, and equipment from the site.
Subsection 623.29 shall include the following:
Keys and Repair Components. Three keys shall be furnished for manual operation of valves. When valves
require different kinds of keys, three keys of each kind shall be furnished. Keys shall be of adequate length
and made of non-corrosive metal.
(1) Two Automatic Control Valves
(2) Two Manual Drain Valves
(3) Four of Each Type of Sprinkler Specified
(4) Two of each type of Valve Box
(5) Two Mainline Isolation Valves
(6) Two Quick Coupler Valves
(7) One set of special tools required for removal, disassembling and adjusting each type of sprinkler valve
installed.
(8) Two keys for each automatic controller enclosure
Subsection 623.30 shall include the following:
Irrigation Schedule. The Contractor shall submit recommendations for the project’s initial irrigation
operating schedule for optimum plant establishment to the Engineer.
METHOD OF MEASUREMENT
Subsection 623.31 shall include the following:
Automatic controller will be measured by the number of units of each size installed and accepted, including
concrete pad, conduit, bolts, enclosure, ground wire, and all other items necessary to complete the work as
shown on the plans.
72
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
Vacuum breakers, backflow preventers, strainers, and all other valves of the various types and sizes,
including fittings, valve boxes, copper risers, and sleeves, will be measured by the number of units
installed and accepted.
Quick couplers, sprinkler of the various types and sizes including risers, check valves, swing joints and
fittings, will be measured by the number of units installed and accepted.
Plastic and copper pipe will be measured by the linear foot installed and will include the cost of the
detectable underground marking tape.
Power source wire and 24 volt wire will be measured by the linear foot installed.
Water meter pay item includes all appurtenant fittings, valves, meter pit, and related equipment.
BASIS OF PAYMENT
Subsection 623.32 shall include the following:
The accepted quantities will be paid for at the contract unit price for the various items below that appear in
the bid schedule.
Payment for irrigation system will be a lump sum:
Pay Item Pay Unit
Irrigation System LS
The following are for reference only:
Pay Item Pay Unit
6 Inch Pop-up Spray Sprinkler Each
4 Inch Pop-up Rotor Sprinkler Each
1 Inch Plastic Pipe Linear Foot
1.25 Inch Plastic Pipe Linear Foot
1.5 Inch Plastic Pipe Linear Foot
1.5 Inch Automatic Control Valve Each
1 Inch Automatic Drip Control Valve Each
1 Inch Quick-Coupler Valve Each
24 Station Automatic Controller Each
1.5 Inch Hydrometer Each
Control Wire, 24 Volt Linear Foot
Drip Emitter Each
Emitter Valve Assembly Each
Drip Emitter Tubing Linear Foot
3/4 Inch Flush Unit Each
Water lines will be paid for as provided in Section 619.
73
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
Kick blocks, unions, fittings, filter fabric, valve access sleeves, valve boxes, piping and wire inside boxes,
keys, and aggregate for valves will not be paid for separately but shall be included in the work.
Structure excavation and backfill including compaction and water will not be paid for separately, but shall be
included in the work.
Concrete pad, bolts, enclosure, ground wire, and all other items necessary to complete the work shall be
included in the price of the automatic controller.
Capillary tubing, tubing stakes, enclosure box and debris caps shall be included in the price of the drip
emitter.
System flushing and adjustment, pressure and coverage tests, maintenance manuals, and training will
not be paid for separately but shall be included in the price of the work.
Detectable Underground Marking Tape will not be paid for separately, but shall be included in the work.
Advisor Message Receiver pagers and hand held two-way radios will not be paid for separately, but shall
be included in the work.
Warranty work will not be measured and paid for separately, but shall be included in the work.
END OF SECTION REVISION
74
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
REVISION OF SECTION 627 - PAVEMENT MARKING
Section 627 of the Standard Specifications is hereby revised for this project as follows:
Subsection 627.01 shall include the following:
The City of Fort Collins will furnish and install all permanent pavement markings for the project. The Contractor
is required to coordinate with the City for the completion of work. The Contractor is responsible for furnishing,
installing, and removing as necessary all temporary pavement markings during construction.
Subsection 627.13 shall include the following:
Each application of temporary pavement marking will not be measured and paid for separately, but shall be
included in the cost of Construction Traffic Control, Lump Sum.
Control points and Contractor pavement marking plans will not be measured and paid for separately but shall be
included in the work.
END OF SECTION REVISION
75
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
REVISION OF SECTION 630 - CONSTRUCTION TRAFFIC CONTROL
Section 630 of the Standard Specifications is hereby revised for this project as follows:
Subsection 630.01 shall include the following:
This work shall consist of furnishing, installing, maintaining and removing temporary construction traffic
control devices including but not limited to: signs, advance warning arrow panels, variable message boards,
barricades, channeling devices and delineators as required by the latest version of the City of Fort Collins
Work Area Traffic Control Handbook, Manual on Uniform Traffic Control Devices for Streets and Highways
(MUTCD) and Larimer County Urban Area Street Standards (LUCASS).
In the event of a conflict between the MUTCD and the City’s criteria, the City of Fort Collins specifications
shall govern.
The Contractor shall provide up to four (4) portable message signs at any given time to be used for the
construction and as directed by the Engineer. The number and location of the portable message signs shall be in
accordance with the approved traffic control plan. The message shall be approved by the Engineer.
In Subsection 630.15, delete the 1st, 2nd, 3rd, and 4th paragraphs and replace with the following:
Flagging will be measured by the hour. Only actual hours of flagging performed and approved by the Engineer
will be measured for payment. This is defined as the time a flagger is performing flagging duties as authorized in
the approved traffic control plan. Set up of lane closures, maintenance of devices, extra flaggers to provide
breaks, and show up time are not actual flagging and will not be measured for payment.
Construction traffic control devices, including Barricades, Construction Traffic Signs, Drum Channelizing Devices
and Traffic Cones, Concrete Barriers will not be measured separately, but will be paid for on a lump-sum basis
under Construction Traffic Control.
No separate measurement will be performed on individual traffic control devices required to complete
construction traffic control for this project. Contractor shall meet all requirements in Section 630 of the Standard
Specifications. Measurement for Traffic Control Management, Traffic Control Inspection, and flagging shall be in
accordance with the Standard Specifications beginning with paragraph 5 of subsection 630.15.
In Subsection 630.16, delete the 1st, 2nd, and 4th paragraphs and replace with the following:
Payment for construction traffic control devices will be on a lump sum basis, and includes all labor, materials, and
equipment to perform the work required to construct the project and in accordance with Section 630 of the
Standard Specifications. No separate payment will be made for furnishing, erecting, cleaning, maintaining,
resetting, repairing, replacing, moving, removing, and disposing of the construction traffic control devices.
The Contractor shall provide all traffic control devices as required upon developing his Method for Handling
Traffic (MHT) for each phase of the work. Depending on how the Contractor chooses to phase the work,
additional devices may be required to comply with the approved MHT and MUTCD. Payment for traffic control
devices will be on a lump sum basis. No additional payment will be made for traffic control devices that exceed
the quantities estimated in the plans.
Payment for Traffic Control Management, Traffic Control Inspection, and Flagging shall be as specified below
and in the bid schedule. Partial payments for Traffic Control Devices will be made according to the following
schedule:
- 25 percent of the bid amount will be paid on the first pay request for work performed
- When 50 percent of the original contract amount is earned, 50 percent of the bid amount will be paid
76
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
- When 75 percent of the original contract amount is earned, 75 percent of the bid amount will be paid
- 90 percent of the bid amount will be paid when the project is substantially complete
- 100 percent of the bid amount will be paid on the final pay request
Payment will be made under:
Pay Item Pay Unit
Flagging Hour
Traffic Control Inspection Day
Traffic Control Management Day
Portable Message Sign Panel Each
Construction Traffic Control Lump Sum
END OF SECTION REVISION
77
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
FORCE ACCOUNT ITEMS
DESCRIPTION
This special provision contains the Department's estimate for force account items included in the Contract. The
estimated amounts marked with an asterisk will be added to the total bid to determine the amount of the
performance and payment bonds. Force Account work shall be performed as directed by the Engineer.
Minor Contract Revisions:
This item covers instances where the Project Engineer identifies work that needs to be performed and a specific
pay item is not included in the Contract. This consists of minor changes to the contract that would not
necessitate a formal Change Order.
Fuel Cost Adjustment:
This item covers reimbursement for fuel cost adjustments if accepted by the awarded bidder, described
and detailed in the Revision of Section 109 ―Fuel Cost Adjustment‖ Standard Special Provision.
BASIS OF PAYMENT
Payment will be made in accordance with subsection 109.04. Payment will constitute full compensation for all
work necessary to complete the item.
Force account work valued at $5,000 or less, that must be performed by a licensed journeyman in order to
comply with federal, state, or local codes, may be paid for after receipt of an itemized statement endorsed by the
Contractor.
Force Account Item Unit Amount
F/A Minor Contract Revisions F.A. $50,000
F/A Fuel Cost Adjustment F.A. $2,000
F/A Asphalt Cement Cost Adjustment F.A. $25,000
F/A On-The-Job Trainee F.A. $500
78
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
TRAFFIC CONTROL PLAN – GENERAL
The key elements of the Contractor's method of handling traffic (MHT) are outlined in subsection
630.10(a).
The components of the TCP for this project are included in the following:
(1) Subsection 104.04 and Section 630 of the specifications
(2) Standard Plan S-630-1, Traffic Controls for Highway Construction and Standard Plan S-630-2 and all
revisions thereto
(3) Striping and Signing Plans
(4) CDOT Region 4 Lane Closure Strategy or the approved Citywide Variance to the Lane Closure
Strategy
(5) City of Fort Collins Work Area Traffic Control Handbook, Manual of Uniform Traffic Control Devices
(U.S. Department of Transportation), or applicable statutory requirements of authority having jurisdiction.
Fort Collins Handbook takes precedence over Manual of Uniform Traffic Control Devices.
Below is a link to CDOT’s Region 4 Lane Closure Strategy.
http://www.coloradodot.info/library/traffic/traffic-manuals-guidelines/lane-close-work-zone-safety/lane- closure-
strategies/R4_Lane_Closure_Report.pdf/view
Unless otherwise approved by the Engineer, the Contractor’s equipment shall follow normal and legal traffic
movements. The Contractor’s ingress and egress of the work area shall be accomplished with as little disruption
to traffic as possible. Traffic control devices shall be removed by picking up the devices in a reverse sequence to
that used for installation. This may require moving backwards through the work zone. When located behind
barrier or at other locations shown on approved traffic control plans, equipment may operate in a direction
opposite to adjacent traffic.
No separate payment will be made for removal of existing pavement markings necessary for temporary lanes
shifts or other conditions proposed in the Contractor’s Method of Handling Traffic. All pavement markings,
interim and permanent, shall be installed in accordance with Section 627, the approved plans and the Manual on
Uniform Traffic Control Devices. Removal of existing pavement markings, if required, shall be considered
incidental to Pavement Marking Paint (Waterborne) (Temporary) and other related pay items. ―Blacking out‖
existing pavement markings will not be allowed.
CDOT may have entered into operating agreements with one or more law enforcement organizations for
cooperative activities. Under such agreements, at the sole discretion of CDOT, law enforcement personnel may
enter the work zone for enforcement purposes and may participate in the Contractor’s traffic control activities.
The responsibility under the Contract for all traffic control resides with the Contractor and any such participation
by law enforcement personnel in Contractor traffic control activities will be referenced in either the Special
Provisions or General Notes of the plans depending on whether the Contractor is to contract with Colorado State
Patrol for uniformed traffic control. Nothing in this Contract is intended to create an entitlement, on the part of the
Contractor, to the services or participation of the law enforcement organization.
Special Traffic Control Plan requirements for this project are as follows:
During the construction of this project, traffic shall use the present traveled roadway or areas of new roadway
construction, unless identified on the plans or approved by the Engineer.
The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time, unless
approved by the Engineer.
79
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
WORK HOURS
Standard work hours are 7 AM to 6 PM, Monday through Friday. No work shall be permitted on weekends or
holidays without written approval from the Project Manager. All lane drops shall take place during the hours of
7:00 AM to 3:30 PM, Monday through Friday. Work requests beyond normal working hours must be submitted to
the Project Manager a minimum of 72 hours prior to the request date.
Work performed and material placed that interferes with traffic during the times and in the locations that the
roadway is specified to remain open will not be paid for unless the work is directed by the Engineer to be done
during those times.
At least one week prior to starting construction, the Contractor shall notify the City’s Engineer of the date the
Contractor intends to start construction.
The Contractor shall provide a Traffic Control Supervisor (TCS) with at least two (2) years experience, as
accepted by the Engineer, as the Traffic Control Supervisor. A copy of the certification of the Traffic Control
Supervisor shall be provided to the Engineer at least two days prior to the project preconstruction conference.
All lane closures shall be subject to the approval of the Engineer. A MHT shall be approved by the Engineer prior
to any request for a lane closure. Request for each lane closure shall be made at least twenty-four hours in
advance of the time the lane closure is to be implemented. Lane closures will not be allowed to remain unless
being utilized continuously for the intended purpose for which they were set up.
The Contractor shall remove and reset all existing signs prior to performing any work that affects those signs. All
signs damaged due to Contractor operations shall be replaced in kind or repaired by the Contractor at no cost to
the project. An inventory of all existing signs shall be made with the Engineer prior to beginning work.
All costs incidental to the foregoing requirements shall be included in the original contract prices for the project.
80
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
UTILITIES
Known utilities within the limits of this project are:
Century Link (Phone) Robert Rulli (970) 490-7503
City of Fort Collins Water & Sewer Andrew Gingerich (970) 221-6232
City of Fort Collins Stormwater Wes Lamarque (970) 416-2418
City of Fort Collins Light & Power Luke Unruh (970) 416-2724
City of Fort Collins Traffic Signals Britney Sorenson (970) 416-2268
Comcast (Cable TV) Don Kapperman (970) 484-7166
XCEL Energy (Gas) Stephanie Rich (970) 225-7828
The Contractor shall coordinate with the Project Engineer and any appropriate utility company to facilitate the
installation, placement and relocation of all utilities impacted on this project.
The work described in these plans and specifications requires coordination between the Contractor and the utility
companies in accordance with subsection 105.11 in conducting their respective operations as necessary to
complete the utility work with minimum delay to the project.
Also, in accordance with the plans and specifications, and as directed by the Engineer, the Contractor shall
keep each utility owner advised of any work being done to its facility, so that each utility owner can coordinate
its inspections for final acceptance of the work with the Engineer.
The Contractor shall coordinate the work with the owners of the utilities impacted by the work. Coordination
with utility owners includes, but is not limited to, staking construction features, providing and periodically
updating an accurate construction schedule which includes all utility work elements, providing written
notification of upcoming required utility work elements as the construction schedule indicates, allowing the
expected number of working days for utilities to complete necessary relocation work, conducting necessary
utility coordination meetings, applying for and obtaining power or communication services in the City’s name
and all other necessary accommodations as directed by the Project Engineer. Surveying and/or staking of
utility relocations to be performed by the owner shall be the responsibility of the utility owner.
Prior to excavating or performing any earthwork operations, the Contractor shall positively locate all potential
conflicts with existing underground utilities and proposed construction, as determined by the Contractor
according to proposed methods and schedule of construction. The Contractor shall modify construction plans
to avoid existing underground facilities as needed, and as approved by the Engineer.
Please note that UNCC marks only its member’s facilities – Other facilities, such as ditches and drainage
pipes and CDOT’s fiber optic system may exist, and it is the Contractor’s responsibility to investigate, locate
and avoid such facilities.
The Contractor shall provide traffic control for any utility work expected to be coordinated with construction, as
directed by the Project Engineer.
GENERAL:
The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements") when excavation or
grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at
least two (2) business days, not including the day of notification, prior to commencing such operations. The
81
PROJECT NO. SHO M455-109
PROJECT CODE NO. 19059
April 14, 2016
Contractor shall contact the Utility Notification Center of Colorado (UNCC) at (8-1-1) or 1-800-922-1987 to have
locations of UNCC registered lines marked by member companies. All other underground facilities shall be
located by contacting the respective company. Utility service laterals shall also be located prior to beginning
excavating or grading.
The location of utility facilities as shown on the plan and profile sheets, and herein described, were obtained
from the best available information. The Contractor shall coordinate with the utility companies regarding
protection and/or relocating the utilities to accommodate the proposed improvements. This work shall be
figured in to the Contractor’s schedule to complete the work within the specified construction duration.
All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the work.
82
March 16, 2016
Dust Prevention and Control Manual
Page i
CONTENTS
1.0 Introduction 1
1.1 Title 1
1.2 Purpose of Manual 1
1.3 Applicability 1
1.4 Definitions 2
2.0 Fugitive Dust and the Problems it Causes 5
2.1 What is Fugitive Dust, Generally? 5
2.2 Why is the City Addressing Fugitive Dust? 5
2.3 Health and Environmental Effects 6
2.4 Nuisance and Aesthetics 6
2.5 Safety Hazard and Visibility 6
3.0 Best Management Practices 7
3.1 Earthmoving Activities 8
3.2 Demolition and Renovation 10
3.3 Stockpiles 12
3.4 Street Sweeping 14
3.5 Track‐out / Carry‐out 15
3.6 Bulk Materials Transport 16
3.7 Unpaved Roads and Haul Roads 18
3.8 Parking Lots 20
3.9 Open Areas and Vacant Lots 22
3.10 Saw Cutting and Grinding 24
3.11 Abrasive Blasting 26
3.12 Mechanical Blowing 28
4.0 Dust Control Plan for Land Development Greater Than Five Acres 30
5.0 Resources 34
5.1 Cross Reference to Codes, Standards, Regulations, and Policies 34
5.2 City of Fort Collins Manuals and Policies 37
5.3 References for Dust Control 37
Page 1
1.0 Introduction
1.1 Title
The contents of this document shall be known as the Dust Prevention and Control Manual (“the
Manual”).
1.2 Purpose of Manual
The purpose of the Manual is to establish minimum requirements consistent with nationally recognized
best management practices for controlling fugitive dust emissions and to describe applicable best
management practices to prevent, minimize, and mitigate off‐property transport or off‐vehicle transport
of fugitive dust emissions for specific dust generating activities and sources.
1.3 Applicability
This Manual applies to any person who conducts, or is an owner or operator of, a dust generating
activity or source, as described in this Manual, within the City of Fort Collins.
Page 2
1.4 Definitions
Abrasive blasting shall mean a process to
smooth rough surfaces; roughen smooth
surfaces; and remove paint, dirt, grease, and
other coatings from surfaces. Abrasive blasting
media may consist of sand; glass, plastic or
metal beads; aluminum oxide; corn cobs; or
other materials.
Additional best management practice shall
mean using at least one additional measure if
the required best management practices are
ineffective at preventing off‐property transport
of particulate matter.
Additional requirements shall mean when
applicable, any measure that is required, e.g., a
dust control plan when project sites are over 5
acres in size.
Best management practice shall mean any
action or process that is used to prevent or
mitigate the emission of fugitive dust into the
air.
Bulk materials transport shall mean the
carrying, moving, or conveying of loose
materials including, but not limited to, earth,
rock, silt, sediment, sand, gravel, soil, fill,
aggregate, dirt, mud, construction or demolition
debris, and other organic or inorganic material
containing particulate matter onto a public road
or right‐of‐way in an unenclosed trailer, truck
bed, bin, or other container.
Chemical stabilization shall mean the
application of chemicals used to bind soil
particles or increase soil moisture content,
including, but not limited to, dust suppressants,
palliatives, tackifiers, surfactants, and soil
stabilizers. Asphalt‐based products or any
product containing cationic polyacrylamide or
products deemed environmentally incompatible
with Code §26‐498, or defined as a pollutant
per Code §26‐491, or explicitly prohibited by
the U.S. Environmental Protection Agency or
the state of Colorado may not be used for
chemical stabilization. Water soluble plant‐
based oils or gums, clay additives, or other
synthetic polymer emulsion that are non‐toxic,
non‐combustible, and harmless to fish, wildlife,
plants, pets, and humans may be used for
chemical stabilization.
Code shall mean the Fort Collins City Code, as
amended from time to time.
Dust control measure shall mean any action
or process that is used to prevent or mitigate
the emission of fugitive dust into the air,
including but not limited to the best
management practices identified in this
Manual.
Dust generating activity or source shall
mean a process, operation, action, or land use
that creates emissions of fugitive dust or causes
Page 3
Local wind speed shall mean the current or
forecasted wind speed for the Fort Collins area
as measured at the surface weather
observation station KFNL located at the Fort
Collins Loveland Municipal Airport or at
Colorado State University’s Fort Collins or
Christman Field weather stations or as
measured onsite with a portable or hand‐held
anemometer. The City will use anemometers
whenever practicable.
Maximum speed limit shall mean the speed
limit on public rights‐of‐way adopted by the City
pursuant to Fort Collins Traffic Code adopted
pursuant to City Code Section 28‐16 For private
roadways, a speed limit shall be established as
appropriate to minimize off‐site transportation
of.
Mechanical blower shall mean any portable
machine powered with an internal combustion
or electric‐powered engine used to blow leaves,
clippings, dirt or other debris off sidewalks,
driveways, lawns, medians, and other surfaces
including, but not limited to, hand‐held, back‐
pack and walk‐behind units, as well as blower‐
vacuum units.
Off‐property transport shall mean the visible
emission of fugitive dust beyond the property
line of the property on which the emission
originates or the project boundary when the
emission originates in the public right‐of‐way or
on public property.
Off‐vehicle transport shall mean the visible
emission of fugitive dust from a vehicle that is
transporting dust generating materials on a
public road or right‐of‐way.
On‐tool local exhaust ventilation shall mean
a vacuum dust collection system attached to a
construction tool that includes a dust collector
(hood or shroud), tubing, vacuum, and a high
efficiency particulate air (HEPA) filter.
On‐tool wet dust suppression shall mean the
operation of nozzles or sprayers attached to a
construction tool that continuously apply water
or other liquid to the grinding or cutting area by
a pressurized container or other water source.
Open area shall mean any area of undeveloped
land greater than one‐half acre that contains
less than 70 percent vegetation. This includes
undeveloped lots, vacant or idle lots, natural
areas, parks, or other non‐agricultural areas.
Recreational and multi‐use trails maintained by
the City are not included as an open area.
Operator or owner shall mean any person
who has control over a dust generating source
either by operating, supervising, controlling, or
maintaining ownership of the activity or source
including, but not limited to, a contractor,
lessee, or other responsible party of an activity,
operation, or land use that is a dust generating
Page 4
Stockpile shall mean any accumulation of bulk
materials that contain particulate matter being
stored for future use or disposal. This includes
backfill materials and storage piles for soil,
sand, dirt, mulch, aggregate, straw, chaff, or
other materials that produce dust.
Storm drainage facility shall mean those
improvements designed, constructed or used to
convey or control stormwater runoff and to
remove pollutants from stormwater runoff after
precipitation.
Surface roughening shall mean to modify the
soil surface to resist wind action and reduce
dust emissions from wind erosion by creating
grooves, depressions, ridges or furrows
perpendicular to the predominant wind
direction using tilling, ripping, discing, or other
method.
Synthetic or natural cover shall mean the
installation of a temporary cover material on
top of disturbed soil surfaces or stockpiles, such
as tarps, plastic sheeting, netting, mulch, wood
chips, gravel or other materials capable of
preventing wind erosion.
Track‐out shall mean the carrying of mud, dirt,
soil, or debris on vehicle wheels, sides, or
undercarriages from a private, commercial, or
industrial site onto a public road or right‐of‐
way.
Vegetation shall mean the planting or seeding
of appropriate grasses, plants, bushes, or trees
to hold soil or to create a wind break. All seeded
areas must be mulched, and the mulch should
be adequately crimped and or tackified. If
hydro‐seeding is conducted, mulching must be
conducted as a separate, second operation. All
planted areas must be mulched within twenty‐
four (24) hours after planting.
Wet suppression shall mean the application of
water by spraying, sprinkling, or misting to
maintain optimal moisture content or to form a
crust in dust generating materials and applied
at a rate that prevents runoff from entering any
public right‐of‐way, storm drainage facility or
watercourse.
Wind barrier shall mean an obstruction at
least five feet high erected to assist in
preventing the blowing of fugitive dust,
comprised of a solid board fence, chain link and
fabric fence, vertical wooden slats, hay bales,
earth berm, bushes, trees, or other materials
installed perpendicular to the predominant
wind direction or upwind of an adjacent
residential, commercial, industrial, or sensitive
area that would be negatively impacted by
fugitive dust.
Page 5
2.0 Fugitive Dust and the Problems it Causes
2.1 What is Fugitive Dust, Generally?
Dust, also known as particulate matter, is made up of solid particles in the air that consist primarily of
dirt and soil but can also contain ash, soot, salts, pollen, heavy metals, asbestos, pesticides, and other
materials. “Fugitive” dust means particulate matter that has become airborne by wind or human
activities and has not been emitted from a stack, chimney, or vent. The Colorado Department of Public
Health and Environment (CDPHE) estimates that more than 4,300 tons of particulate matter are emitted
into the air in Larimer County annually. The primary sources of this particulate matter include
construction activities, paved and unpaved roads, and agricultural operations.
The quantity of dust emitted from a particular activity or area and the materials in it can depend on the
soil type (sand, clay, silt), moisture content (dry or damp), local wind speed, and the current or past uses
of the site (industrial, farming, construction).
2.2 Why is the City Addressing Fugitive Dust?
Colorado state air regulations and Larimer County air quality standards generally require owners and
operators of dust generating activities or sources to use all available and practical methods that are
technologically feasible and economically reasonable in order to prevent fugitive dust emissions.
However, state regulations and permitting requirements typically apply to larger stationary sources
rather than to activities that generate dust. Larimer County fugitive dust standards apply only to land
development.
Although state and county requirements apply to many construction activities, they do not address
many sources of dust emissions. Fort Collins is experiencing rapid growth and development that has
contributed to local man‐made dust emissions.
Page 6
2.3 Health and Environmental Effects
Dust particles are very small and can be easily inhaled. They can
enter the respiratory system and increase susceptibility to respiratory
infections, and aggravate cardio‐pulmonary disease. Even short‐term
exposure to dust can cause wheezing, asthma attacks and allergic
reactions, and may cause increases in hospital admissions and
emergency department visits for heart and lung related diseases.
Fugitive dust emissions can cause significant environmental impacts as well as health effects. When
dust from wind erosion or human activity deposits out of the air, it may impact vegetation, adversely
affect nearby soils and waterways, and cause damage to cultural resources. Wind erosion can result in
the loss of valuable top soil, reduce crop yields, and stunt plant growth.
According to the Environmental Protection Agency (EPA), studies have linked particulate matter
exposure to health problems and environmental impacts such as:
•Health Impacts:
o Irritation of the airways, coughing, and difficulty breathing
o Reduced lung function and lung cancer
o Aggravated asthma and chronic bronchitis
o Irregular heartbeat and increases in heart attacks
•Environmental Impacts:
o Haze and reduced visibility
o Reduced levels of nutrients in soil
2.4 Nuisance and Aesthetics
Dust, dirt and debris that become airborne eventually settle back down to
the surface. How far it travels and where it gets deposited depends on the
size and type of the particles as well as wind speed and direction. When this
material settles, it can be deposited on homes, cars, lawns, pools and ponds,
and other property. The small particles can get trapped in machinery and
electronics causing abrasion, corrosion, and malfunctions. The deposited
dust can damage painted surfaces, clog filtration systems, stain materials and
cause other expensive clean‐up projects.
2.5 Safety Hazard and Visibility
Blowing dust can be a safety hazard at construction sites and on roads and
highways. Dust can obstruct visibility and can cause accidents between
vehicles and bikes, pedestrians, or site workers. Dust plumes can also
decrease visibility across a natural area or scenic vistas. The “brown cloud”,
often visible along the Front Range during the winter months, and the
brilliant red sunsets that occur are often caused by particulate matter and
other pollutants in the air.
Page 7
3.0 Best Management Practices
This Manual describes established best management practices for controlling dust emissions that are
practical and used in common practice to prevent or mitigate impacts to air quality from dust generating
activities and sources occurring within Fort Collins. The objective of the dust control measures included
in this Manual are to reduce dust emissions from human activities and to prevent those emissions from
impacting others and are based on the following principles:
Prevent – avoid creating dust emissions through good project planning and modifying or
replacing dust generating activities.
Minimize – reduce dust emissions with methods that capture, collect, or contain emissions.
Mitigate – when preventing fugitive dust or minimizing the impacts are not feasible, the
Manual provides specific measures to mitigate dust.
More specifically, the Manual establishes the following procedures for each dust generating activity
outlined in this Chapter:
1. Required Best Management Practices – this section includes the specific measures that are
required to be implemented if the dust generating activity is occurring. For example, high wind
restrictions (temporarily halting work when wind speeds exceed 30 mph) are required best
management practices for earthmoving, demolition/renovation, saw cutting or grind, abrasive
blasting, and leaf blowing.
2. Additional Best Management Practices – this section includes additional measures if the
required best management practices are ineffective at preventing off‐property transport of
particulate matter. At least one of the additional best management practices outlined in the
Manual must be implemented on the site to be in compliance with the Manual.
3. Additional Requirements – When applicable, additional measures are also required, e.g., a dust
control plan when project sites are over 5 acres in size.
Page 8
3.1 Earthmoving Activities
Above: This figure illustrates earthmoving, which is an activity that can generate dust.
Dust emissions from earthmoving activities depend on the type and extent of activity being conducted,
the amount of exposed surface area, wind conditions, and soil type and moisture content, including:
Site preparation (clearing, grubbing, scraping)
Road construction
Grading and overlot grading
Excavating, trenching, backfilling and compacting
Loading and unloading dirt, soil, gravel, or other earth materials
Dumping of dirt, soil, gravel, or other earth materials into trucks, piles, or receptacles
Screening of dirt, soil, gravel, or other earth materials
Best Management Practices to Control Dust
(a) Required Best Management Practices: Any person, owner, or operator who conducts earthmoving
that is a dust generating activity or source shall implement the following best management practices to
prevent off‐property transport of fugitive dust emissions:
(i) Minimize disturbed area: plan the project or activity so that the minimum amount of
disturbed soil or surface area is exposed to wind or vehicle traffic at any one time.
(ii) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to
reduce speeds to a rate to mitigate off‐property transport of dust entrained by vehicles.
(iii) Minimize drop height: Drivers and operators shall unload truck beds and loader or
excavator buckets slowly, and minimize drop height of materials to the lowest height possible,
including screening operations.
(iv) High winds restriction: temporarily halt work activities during high wind events greater than
30 mph if operations would result in off‐property transport.
(v) Restrict access: restrict access to the work area to only authorized vehicles and personnel.
Page 9
(b) Additional Best Management Practices: In the event 3.1(a)(i)‐(v) are ineffective to prevent off‐
property transport, the person, owner, or operator shall use at least one of the following best
management practices:
(i) Wet suppression: apply water to disturbed soil surfaces, backfill materials, screenings, and
other dust generating operations as necessary and appropriate considering current weather
conditions, and prevent water used for dust control from entering any public right‐of‐way,
stormwater drainage facility, or watercourse.
(ii) Wind barrier: construct a fence or other type of wind barrier to prevent wind erosion of top
soils.
(iii) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break.
(iv) Surface roughening: stabilize an active construction area during periods of inactivity or
when vegetation cannot be immediately established.
(v) Synthetic or natural cover: install cover materials during periods of inactivity and properly
anchor the cover.
(vi) Soil retention: stabilize disturbed or exposed soil surface areas that will be inactive for more
than 30 days or while vegetation is being established.
(vii) Chemical stabilization: apply chemical stabilizers using manufacturer’s recommended
application rates. Avoid over‐application and prevent runoff of chemical stabilizers into any
public right‐of‐way, storm drainage facility, or watercourse. Asphalt‐based products or any
product containing cationic polyacrylamide or products deemed environmentally incompatible
with Code §26‐498, or defined as a pollutant per Code §26‐491, or explicitly prohibited by the
U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical
stabilization. Water soluble plant‐based oils or gums, clay additives, or other synthetic polymer
emulsion that are non‐toxic, non‐combustible, and harmless to fish, wildlife, plants, pets, and
humans may be used for chemical stabilization.
(c) Additional requirements: Any person, owner, or operator who conducts earthmoving that is a dust
generating activity or source at a construction site or land development project with a total disturbed
surface area equal to or greater than five (5) acres also shall implement the following measures:
(i) Dust Control Plan: submit a plan that describes all potential sources of fugitive dust and
methods that will be employed to control dust emissions with the development construction
permit application or development review application (see Chapter 4 of this Manual). A copy of
the Dust Control Plan must be onsite at all times and one copy must be provided to all
contractors and operators engaged in dust generating activities at the site.
(ii) Construction sequencing: include sequencing or phasing in the project plan to minimize the
amount of disturbed area at any one time. Sites with greater than 25 acres of disturbed surface
exposed at any one time may be asked to provide additional justification, revise the sequencing
plan, or include additional best management practices.
Page 10
3.2 Demolition and Renovation
Above: This photo illustrates restricting access (a mandatory measure) and a wind barrier (an
engineering control) for demolition and renovation activities.
Dust generated from demolition activities may contain significant levels of silica, lead, asbestos, and
particulate matter. Inhalation of silica and asbestos is known to cause lung cancer, and exposure to
even small quantities of lead dust can result in harm to children and the unborn.
In addition to complying with the dust control measures below, any person engaged in demolition or
renovation projects must comply with applicable state and federal regulations for asbestos and lead
containing materials and notification and inspection requirements under the State of Colorado Air
Quality Control Commission's Regulation No. 8, Part B Control of Hazardous Air pollutants.
Best Management Practices to Control Dust
(a) Required Best Management Practices: Any person, owner, or operator who conducts demolition or
renovation that is a dust generating activity or source shall implement the following best management
practices to prevent off‐property transport of fugitive dust emissions:
(i) Asbestos and lead containing materials: demolition and renovation activities that involve
asbestos or lead containing materials must be conducted in accordance with Code Chapter 5
Sec. 5‐27 (59) §3602.1.1;
(ii) Restrict access: restrict access to the demolition area to only authorized vehicles and
personnel;
(iii) High winds restriction: temporarily halt work activities during high wind events greater than
30 mph if operations would result in off‐property transport; and
(iv) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator
buckets slowly, and minimize drop height of materials to the lowest height possible, including
screening operations.
Page 11
(b) Additional Best Management Practices: In the event 3.2(a)(i)‐(iv) are ineffective to prevent off‐
property transport, the person, owner, or operator shall use at least one of the following best
management practices:
(i) Wet suppression: apply water to demolished materials or pre‐wet materials to be
demolished as necessary. Prevent water used for dust control from entering any public right‐of‐
way, storm drainage facility, or watercourse.
(ii) Chemical stabilization: apply chemical stabilizers to demolished materials or materials to be
demolished using manufacturer’s recommended application rates. Avoid over‐application and
prevent runoff of chemical stabilizers into any public right‐of‐way, storm drainage facility, or
watercourse. Asphalt‐based products or any product containing cationic polyacrylamide or
products deemed environmentally incompatible with Code §26‐498, or defined as a pollutant
per Code §26‐491, or explicitly prohibited by the U.S. Environmental Protection Agency or the
state of Colorado may not be used for chemical stabilization. Water soluble plant‐based oils or
gums, clay additives, or other synthetic polymer emulsion that are non‐toxic, non‐combustible,
and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization.
(iii) Wind barrier: construct a fence or other type of wind barrier to prevent onsite dust
generating materials from blowing offsite.
(c) Additional requirements:
(i) Building permit compliance: comply with all conditions and requirements under any building
required pursuant to the Code and/or the Land Use Code.
Above: This photo illustrates reducing drop height, a required best
management practice.
Page 12
3.3 Stockpiles
Above: This photo illustrates wet suppression, an additional best management practicefor stockpiles.
Stockpiles are used for both temporary and long‐term storage of soil, fill dirt, sand, aggregate,
woodchips, mulch, asphalt and other industrial feedstock, construction and landscaping materials.
Fugitive dust can be emitted from stockpiles while working the active face of the pile or when wind
blows across the pile. The quantity of emissions depends on pile height and exposure to wind, moisture
content and particle size of the pile material, surface roughness of the pile, and frequency of pile
disturbance.
Best Management Practices to Control Dust
(a) Required Best Management Practices: Any owner or operator of a stockpile that is a dust generating
activity or source shall implement the following best management practices to prevent off property
transport of fugitive dust emissions:
(i) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator
buckets slowly, and minimize drop height of materials to the lowest height possible, including
screening operations.
(b) Additional Best Management Practices: In the event 3.3(a)(i) is ineffective to prevent off‐property
transport, the person, owner, or operator shall use at least one of the following best management
practices:
(i) Wet suppression: Apply water to the active face when working the pile or to the entire pile
during periods of inactivity. Prevent water used for dust control from entering any public right‐
of‐way, storm drainage facility, or watercourse.
(ii) Synthetic or natural cover: install cover materials during periods of inactivity and anchor the
cover.
Page 13
(iii) Surface roughening: stabilize a stockpile during periods of inactivity or when vegetation
cannot be immediately established.
(iv) Stockpile location: locate stockpile at a distance equal to ten times the pile height from
property boundaries that abut residential areas.
(v) Vegetation: seed and mulch any stockpile that will remain inactive for 30 days or more.
(vi) Chemical stabilization: apply chemical stabilizers using manufacturer’s recommended
application rates. Avoid over‐application and prevent runoff of chemical stabilizers into any
public right‐of‐way, storm drainage facility, or watercourse. Asphalt‐based products or any
product containing cationic polyacrylamide or products deemed environmentally incompatible
with Code §26‐498, or defined as a pollutant per Code §26‐491, or explicitly prohibited by the
U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical
stabilization. Water soluble plant‐based oils or gums, clay additives, or other synthetic polymer
emulsion that are non‐toxic, non‐combustible, and harmless to fish, wildlife, plants, pets, and
humans may be used for chemical stabilization.
(vii) Enclosure: construct a three‐sided structure equal to or greater than the height of the pile
to shelter the pile from the predominant winds.
(c) Additional requirements:
(i) Stockpile permit compliance: comply with all conditions and requirements under any
stockpile permit required under the Code or the Land Use Code.
(ii) Erosion control plan compliance: implement and comply with all conditions and
requirements in Section §26‐500 “Fort Collins Storm Criteria”; specifically, Volume 3 Chapter 7
“Construction BMPs”. The criteria requirement may require the use of Erosion Control
Materials, soil stockpile height limit of ten feet, watering, surface roughening, vegetation, silt
fence and other control measures as contained in that chapter.
Left: This
picture
illustrates
one of the
additional
best
management
practices for
stockpiles –
to use a
synthetic
cover.
Page 14
3.4 Street Sweeping
Left: This figure illustrates the use
of a wet suppression and vacuum
system, an additional best
management practice for street
sweeping.
Street sweeping is an effective method for removing dirt and debris from streets and preventing it from
entering storm drains or becoming airborne. Regenerative air sweepers and mechanical sweepers with
water spray can also be effective at removing particulate matter from hard surfaces.
Best Management Practices to Control Dust
(a) Required Best Management Practices: Any owner or operator that conducts sweeping operations or
services on paved or concrete roads, parking lots, rights‐of‐way, pedestrian ways, plazas or other solid
surfaces, and whose operations are a dust generating activity or source shall implement the following
best management practices to prevent off‐property transport of fugitive dust emissions:
(i) Uncontrolled sweeping prohibited: the use of rotary brushes, power brooms, or other
mechanical sweeping for the removal of dust, dirt, mud, or other debris from a paved public
road, right‐of‐way, or parking lot without the use of water, vacuum system with filtration, or
other equivalent dust control method is prohibited. Mechanical or manual sweeping that occurs
between lifts of asphalt paving operations or due to preparation for pavement makings is
excluded from this prohibition, due to engineering requirements associated with these
operations.
(b) Additional Best Management Practices: In the event 3.4(a)(i) is ineffective to prevent off‐property
transport, the person, owner, or operator shall use at least one of the following best management
practices:
(i) Wet suppression: use a light spray of water or wetting agent applied directly to work area or
use equipment with water spray system while operating sweeper or power broom. Prevent
water used for dust control from entering any storm drainage facility or watercourse.
(ii) Vacuum system: use sweeper or power broom equipped with a vacuum collection and
filtration system.
(iii) Other method: use any other method to control dust emissions that has a demonstrated
particulate matter control efficiency of 80 percent or more.
Page 15
3.5 Track‐out / Carry‐out
Above: This figure illustrates an installed grate (left) and a gravel bed (right), both of which are
additional best management practices associated with track‐out/carry‐out.
Mud, dirt, and other debris can be carried from a site on equipment’s wheels or undercarriage onto
public roads. When this material dries, it can become airborne by wind activity or when other vehicles
travel on it. This is a health concern and can cause visibility issues and safety hazards.
Best Management Practices to Control Dust
(a) Required Best Management Practices: Any owner or operator of any operation that has the
potential to result in track‐out of dirt, dust, or debris on public roads and rights‐of‐way and whose
operation is a dust generating activity or source shall implement the following best management
practices to prevent off‐property transport of fugitive dust emissions:
(i) Contracts and standards: comply with track‐out prevention requirements and construction
best management practices as set forth in the Code, City regulations, or policies and as
specified in applicable contract documents or Fort Collins Stormwater Criteria Manual.
(ii) Remove deposition: promptly remove any deposition that occurs on public roads or rights‐
of‐way as a result of the owner’s or operator’s operations. Avoid over‐watering and prevent
runoff into any storm drainage facility or watercourse.
(b) Additional Best Management Practices: In the event 3.5(a)(i)‐(ii) are ineffective to prevent off‐
property transport, the person, owner, or operator shall use at least one of the following best
management practices:
(i) Install rails, pipes, grate, or similar track‐out control device.
(ii) Install a gravel bed track‐out apron that extends at least 50 feet from the intersection with a
public road or right‐of‐way.
(iii) Install gravel bed track‐out apron with steel cattle guard or concrete wash rack.
(iv) Install and utilize on‐site vehicle and equipment washing station.
(v) Install a paved surface that extends at least 100 feet from the intersection with a public road
or right‐of‐way.
(vi) Manually remove mud, dirt, and debris from equipment and vehicle wheels, tires and
undercarriage.
Page 16
3.6 Bulk Materials Transport
Above: This figure illustrates covered loads, a required best management practice for bulk materials
transport.
Haul trucks are used to move bulk materials, such as dirt, rock, demolition debris, or mulch to and from
construction sites, material suppliers and storage yards. Dust emissions from haul trucks, if
uncontrolled, can be a safety hazard by impairing visibility or by depositing debris on roads, pedestrians,
bicyclists, or other vehicles.
Best Management Practices to Control Dust
(a) Required Best Management Practices: Any owner or operator of a dust generating activity or source
for which vehicles used for transporting bulk materials to and from a site within the City on a public or
private road or on a public right‐of‐way shall prevent off‐vehicle transport of fugitive dust emissions. To
prevent off‐vehicle transport of fugitive dust to and from the site, the owner or operator shall
implement the following measures :
(i) Cover Loads: Loads shall be completely covered or all material enclosed in a manner that
prevents the material from blowing, dropping, sifting, leaking, or otherwise escaping from the
vehicle. This includes the covering of hot asphalt and asphalt patching material with a tarp or
other impermeable material.
(ii) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator
buckets slowly, and minimize drop height of materials to the lowest height possible, including
screening operations.
Page 17
(b) Additional Best Management Practices: In the event 3.6(a)(i)‐(ii) are ineffective to prevent off‐
vehicle transport, the person, owner, or operator shall use at least one of the following best
management practices:
(i) Wet suppression: apply water to bulk materials loaded for transport as necessary to prevent
fugitive dust emissions and deposition of materials on roadways. Prevent water used for dust
control from entering any public right‐of‐way, storm drainage facility, or watercourse.
(ii) Chemical stabilization: apply chemical stabilizers using manufacturer’s recommended
application rates. Avoid over‐application and prevent runoff of chemical stabilizers into any
public right‐of‐way, storm drainage facility, or watercourse. Asphalt‐based products or any
product containing cationic polyacrylamide or products deemed environmentally incompatible
with Code §26‐498, or defined as a pollutant per Code §26‐491, or explicitly prohibited by the
U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical
stabilization. Water soluble plant‐based oils or gums, clay additives, or other synthetic polymer
emulsion that are non‐toxic, non‐combustible, and harmless to fish, wildlife, plants, pets, and
humans may be used for chemical stabilization.
(iii) Other technology: use other equivalent technology that effectively eliminates off‐vehicle
transport, such as limiting the load size to provide at least three inches of freeboard to prevent
spillage.
Above: This figure illustrates minimizing drop heights, a required best management practice for bulk
materials transport.
Page 18
3.7 Unpaved Roads and Haul Roads
Above: This figure illustrates surface improvements on an unpaved road, an additional best management
practice.
Road dust from unpaved roads is caused by particles lifted by and dropped from rolling wheels traveling
on the road surface and from wind blowing across the road surface. Road dust can aggravate heart and
lung conditions as well as cause safety issues such as decreased driver visibility and other safety hazards.
Best Management Practices to Control Dust
(a) Required Best Management Practices: Any owner or operator of an unpaved road located on a
construction site greater than five acres on private property or an unpaved road used as a public right‐
of‐way shall implement the following best management practices to prevent off‐property transport of
fugitive dust emissions:
(i) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to
reduce speeds to a rate that prevents off‐property transport of dust entrained by vehicles.
(ii) Restrict access: restrict travel on unpaved roads by limiting access to only authorized vehicle
use.
(b) Additional Best Management Practices: In the event 3.7(a)(i)‐(ii) are ineffective to prevent off‐
property transport, the person, owner, or operator shall use at least one of the following best
management practices:
(i) Wet suppression: apply water to unpaved road surface as necessary and appropriate
considering current weather conditions, and prevent water used for dust control from entering
any public right‐of‐way, storm drainage facility, or watercourse.
(ii) Surface improvements: install gravel or similar materials with sufficient depth to reduce dust
or pave high traffic areas.
Page 19
(iii) Chemical stabilization: apply chemical stabilizers appropriate for high traffic areas using
manufacturer’s recommended application rates. Avoid over‐application and prevent runoff of
chemical stabilizers into any public right‐of‐way, storm drainage facility, or watercourse.
Asphalt‐based products or any product containing cationic polyacrylamide or products deemed
environmentally incompatible with Code §26‐498, or defined as a pollutant per Code §26‐491,
or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado
may not be used for chemical stabilization. Water soluble plant‐based oils or gums, clay
additives, or other synthetic polymer emulsion that are non‐toxic, non‐combustible, and
harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization.
(iv) Access road location: locate site access roads away from residential or other populated
areas.
Above: This figure illustrates wet suppression, an additional best management practice for
unpaved and haul roads.
Page 20
3.8 Parking Lots
Above: This figure illustrates an unpaved parking lot in Fort Collins.
This section applies to paved and unpaved areas where vehicles are parked or stored on a routine basis
and includes parking areas for shopping, recreation, or events; automobile or vehicle storage yards; and
animal staging areas.
Best Management Practices to Control Dust‐ Unpaved Parking Lots
(a) Required Best Management Practices: Any owners or operator of an unpaved parking lot greater
than one‐half acre shall use at least one of the following best management practices to prevent off‐
property transport of fugitive dust emissions
(i) Surface improvements: install gravel or similar materials with sufficient depth to reduce dust
or pave high traffic areas.
(ii) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break.
(iii) Wet suppression: apply water as necessary and appropriate considering current weather
conditions to prevent off‐property transport of fugitive dust emissions. Prevent water used for
dust control from entering any public right‐of‐way, storm drainage facility, or watercourse.
(iv) Chemical stabilization: apply chemical stabilizers appropriate for high traffic areas using
manufacturer’s recommended application rates. Avoid over‐application and prevent runoff of
chemical stabilizers into any public right‐of‐way, storm drainage facility, or watercourse.
Asphalt‐based products or any product containing cationic polyacrylamide or products deemed
environmentally incompatible with Code §26‐498, or defined as a pollutant per Code §26‐491,
or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado
may not be used for chemical stabilization. Water soluble plant‐based oils or gums, clay
additives, or other synthetic polymer emulsion that are non‐toxic, non‐combustible, and
harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization.
(v) Wind barrier: construct a fence or other type of wind barrier.
Page 21
(vi) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to
reduce speeds to a rate that prevents off‐property transport of dust entrained by vehicles.
(vii) Restrict access: restrict travel in parking lots to only those vehicles with essential duties and
limit access to hours of operation or specific events.
Best Management Practices to Control Dust‐ Paved Parking Lots
(a) Required Best Management Practices: An owner or operator of a paved parking lot greater than
one‐half acre and shall use at least one of the following best management practices to prevent off‐
property transport of fugitive dust emissions.
(i) Maintenance: repair potholes and cracks and maintain surface improvements.
(ii) Mechanical sweeping: Sweep lot with a vacuum sweeper and light water spray as necessary
to remove dirt and debris. Avoid overwatering and prevent runoff from entering any public
right‐of‐way, storm drainage facility, or watercourse.
(iii) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to
reduce speeds to a rate that prevents off‐property transport of dust entrained by vehicles.
(iv) Restrict access: restrict travel in parking lots to only those vehicles with essential duties and
limit access to hours of operation or specific events.
Above: This photo represents improving the surface of a parking area, which is one measure to
comply with the Manual.
Page 22
3.9 Open Areas and Vacant Lots
Above: These photos illustrate open areas in Fort Collins, which have the potential to generate dust.
Open areas are typically not a significant source of wind‐blown dust emissions if the coverage of
vegetation is sufficient or soil crusts are intact. However, if soils in open areas are disturbed by vehicle
traffic, off‐highway vehicle use, bicycling or grazing, or if they have become overpopulated by prairie
dogs, dust emissions can become a problem.
Best Management Practices to Control Dust
(a) Required Best Management Practices: Any owner or operator of an open area greater than one‐half
acre shall use at least one of the following best management practices to stabilize disturbed or exposed
soil surface areas that are intended to or remain exposed for 30 days or more and to prevent off‐
property transport of fugitive dust emissions:
(i) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break.
(ii) Synthetic or natural cover: install cover materials over exposed areas during periods of
inactivity and properly anchor the cover.
(iii) Surface roughening: stabilize an exposed area during periods of inactivity or when
vegetation cannot be immediately established.
(iv) Soil retention: stabilize disturbed or exposed soil surface areas that will be inactive for more
than 30 days or while vegetation is being established, using mulch, compost, soil mats, or other
methods.
(v) Wet suppression: apply water to disturbed soil surfaces as necessary and appropriate
considering current weather to prevent off‐property transport of fugitive dust emissions.
Prevent water used for dust control from entering any public right‐of‐way, storm drainage
facility, or watercourse.
(vi) Wind barrier: construct a fence or other type of wind barrier to prevent wind erosion of top
soils.
Page 23
(vii) Chemical stabilization: apply chemical stabilizers using manufacturer’s recommended
application rates. Avoid over‐application and prevent runoff of chemical stabilizers into any
public right‐of‐way, storm drainage facility, or watercourse. Asphalt‐based products or any
product containing cationic polyacrylamide or products deemed environmentally incompatible
with Code §26‐498, or defined as a pollutant per Code §26‐491, or explicitly prohibited by the
U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical
stabilization. Water soluble plant‐based oils or gums, clay additives, or other synthetic polymer
emulsion that are non‐toxic, non‐combustible, and harmless to fish, wildlife, plants, pets, and
humans may be used for chemical stabilization.
Above: This photo represents adding vegetation by hydroseeding, which is one measure
to comply with the Manual.
Page 24
3.10 Saw Cutting and Grinding
Above: This photo illustrates concrete cutting and how the activity can generate dust.
Cutting and grinding of asphalt, concrete and other masonry materials can be a significant short‐term
source of fugitive dust that may expose workers and the public to crystalline silica. Inhalation of silica
can cause lung disease known as silicosis and has been linked to other diseases such as tuberculosis and
lung cancer. Using additional best management practices during cutting and grinding operations can
significantly reduce dust emissions.
Best Management Practices to Control Dust
(a) Required Best Management Practices: Any person, owner, or operator that cuts or grinds asphalt,
concrete, brick, tile, stone, or other masonry materials and whose operations are a dust generating
activity or source shall use the following best management practices to prevent off‐property transport
of fugitive dust emissions:
(i) Restrict access: prevent the public from entering the area where dust emissions occur.
(ii) High winds restriction: temporarily halt work activities during high wind events greater than
30 mph if operations would result in off‐property transport.
(iii) Equipment and work area clean up: use wet wiping, wet sweeping, or vacuuming with HEPA
filtration for equipment and work area clean up and do not cause dust to become airborne
during clean up.
(iv) Slurry clean up: prevent water used for dust control or clean up from entering any public
right‐of‐way, storm drainage facility, or watercourse by using containment, vacuuming,
absorption, or other method to remove the slurry, and dispose of slurry and containment
materials properly. Follow additional procedures prescribed in the City’s Fort Collins Stormwater
Criteria Manual or contract documents and specifications.
Page 25
(b) Additional Best Management Practices: In the event 3.10(a)(i)‐(iv) are ineffective to prevent off‐
property transport, the person, owner, or operator shall use at least one of the following best
management practices:
(i) On‐tool local exhaust ventilation: use a tool‐mounted dust capture and collection system.
(ii) On‐tool wet suppression: use a tool‐mounted water application system.
(iii) Vacuuming: use a vacuum equipped with a HEPA filter simultaneously with cutting or
grinding operations.
(iv) Wet suppression: use a water sprayer or hose simultaneously with cutting or grinding
operations.
(v) Enclosure: conduct cutting or grinding within an enclosure with a dust collection system or
temporary tenting over the work area.
Above: These photos illustrate how dust generated from cutting can be minimized by applying on‐tool
wet suppression, an additional best management practice associated with saw cutting and grinding.
Page 26
3.11 Abrasive Blasting
Above: This photo illustrates abrasive blasting without dust mitigation in place.
Abrasive blasting is used to smooth rough surfaces; roughen smooth surfaces; and remove paint, dirt,
grease, and other coatings from surfaces. Abrasive blasting media may consist of sand; glass, plastic or
metal beads; aluminum oxide; corn cobs; or other materials. Abrasive blasting typically generates a
significant amount of fugitive dust if not controlled. The material removed during abrasive blasting can
become airborne and may contain silica, lead, cadmium or other byproducts removed from the surface
being blasted.*
Best Management Practices to Control Dust
(a) Required Best Management Practices: Any person, owner, or operator who conducts outdoor
abrasive blasting or indoor abrasive blasting with uncontrolled emissions vented to the outside and
whose operations are a dust generating activity or source shall implement the following best
management practices to prevent off‐property transport of fugitive dust emissions:
(i) Restrict access: prevent the public from entering the area where dust emissions occur.
(ii) High winds restriction: temporarily halt work activities during high wind events greater than
30 mph if operations would result in off‐property transport.
(iii) Equipment and work area clean up: use wet wiping, wet sweeping, or vacuuming with HEPA
filtration for equipment and work area clean up and do not cause dust to become airborne
during clean up.
(iv) Slurry clean up: prevent water used for dust control or clean up from entering any public
right‐of‐way, storm drainage facility, or watercourse by using containment, vacuuming,
absorption, or other method to remove the slurry, and dispose of slurry and containment
materials properly.
(b) Additional Best Management Practices: In the event 3.11(a)(i)‐(iv) are ineffective to prevent off‐
property transport, the person, owner, or operator shall use at least one of the following best
management practices:
(i) Enclosure: conduct abrasive blasting within an enclosure with a dust collection system or
temporary tenting over the work area.
Page 27
(ii) Wet suppression blasting: use one of several available methods that mix water with the
abrasive media or air during blasting operations.
(iii) Vacuum blasting: conduct air‐based blasting that uses a nozzle attachment with negative air
pressure to capture dust.
(iv) Abrasive media: select less toxic, lower dust‐generating blasting media.
* Blasting on surfaces that contain lead paint or wastes from sand blasting that contain hazardous materials may be subject
to additional state and federal requirements.
Above: This photo illustrates wet suppression blasting, an additional best management practice.
Page 28
3.12 Mechanical Blowing
Above: This photo illustrates mechanical blowing without dust mitigation in place.
Mechanical blowers are commonly used to move dirt, sand, leaves, grass clippings and other
landscaping debris to a central location for easier pick‐up and removal. Mechanical blowing with a leaf
blower can be a significant source of fugitive dust in some situations and can create nuisance conditions
and cause health effects for sensitive individuals. Mechanical blowing can resuspend dust particles that
contain allergens, pollens, and molds, as well as pesticides, fecal contaminants, and toxic metals causing
allergic reactions, asthma attacks and exacerbating other respiratory illnesses.
Best Management Practices to Control Dust
(a) Required Best Management Practices: Any person, owner, or operator who operates a mechanical
leaf blower (gas, electric, or battery‐powered) in a manner that is a dust generating activity or source
shall use the following best management practices as necessary to prevent off‐property transport of
fugitive dust emissions
(i) Low speed: use the lowest speed appropriate for the task and equipment.
(ii) Operation: use the full length of the blow tube and place the nozzle as close to the ground as
possible.
(iii) High winds restriction: temporarily halt work activities during high wind events greater than
30 mph if operations would result in off‐property transport.
(b) Additional Best Management Practices: In the event 3.11(a)(i)‐(iii) are ineffective to prevent off‐
property transport, the person, owner, or operator shall use at least one of the following best
management practices:
(i) Alternative method: use an alternative such as a rake, broom, shovel, manually push
sweeper or a vacuum machine equipped with a filtration system.
(ii) Prevent impact: do not blow dust and debris off‐property or in close proximity to people,
animals, open windows, air intakes, or onto adjacent property, public right‐of‐way, storm
drainage facility, or watercourse.
Page 29
(iii) Minimize use on dirt: minimize the use of mechanical blower on unpaved surfaces, road
shoulders, or loose dirt.
(iv) Wet suppression: use a light spray of water, as necessary and appropriate considering
current weather conditions, to dampen dusty work areas. Prevent water, dirt, and debris from
entering any storm drainage facility, or watercourse.
(v) Remove debris: remove and properly dispose of blown material immediately.
Above: These photos illustrate alternative methods to mechanical blowing that can minimize dust
generation.
Page 30
4.0 Dust Control Plan for Land Development Greater Than Five Acres
A dust control plan is required for all development projects or construction sites with a total disturbed
surface area equal to or greater than five (5) acres. If the project is required to obtain a development
construction permit, then the dust control plan shall be submitted with the development review
application or the development construction permit application. A copy of the dust control plan shall be
available onsite at all times for compliance and inspection purposes.
For dust control plans associated with a Development Construction Permit (DCP), applications for the
DCP are available online at www.fcgov.com/developmentreview/applications.php. The dust control plan
may be submitted on the Dust Control Plan Form included in Chapter 4 of this Manual or other
equivalent format and shall include the following information:
Project name and location.
Name and contact information of property owner.
Project start and completion dates.
Name and contact information of the developer, general contractor, and each contractor or
operator that will be engaged in an earthmoving activity.
Total size of the development project or construction site in acres.
A description of the project phasing or sequencing of the project to minimize the amount of
disturbed surface area at any one time during the project.
A list of each dust generating activity or source associated with the project.
A list of each best management practice and engineering control that will be implemented for
each dust generating activity or source.
A list of additional best management practices that will be implemented if initial controls are
ineffective.
A signed statement from the property owner, developer, general contractor, and each
contractor or operator engaged in an earthmoving activity acknowledging receipt of the Dust
Control Plan and an understanding of and ability to comply with the best management practices
in the plan.
Page 31
DUST CONTROL PLAN
PROJECT INFORMATION
Project Name
Project Location
Start and Completion Dates
Total Size of Project Site (acres)
Maximum disturbed surface area at
any one time (acres)
Property Owner
name, address, phone, e‐mail
Developer
name, address, phone, e‐mail
General Contractor
name, address, phone, e‐mail
Subcontractor or Operator
of a dust generating activity or source
name, address, phone, e‐mail
Subcontractor or Operator
of a dust generating activity or source
name, address, phone, e‐mail
Subcontractor or Operator
of a dust generating activity or source
name, address, phone, e‐mail
PROJECT PHASING OR SEQUENCING
Provide a description of how this project will be phased or sequenced to minimize the disturbed surface
area. Attach phasing plan or map if available.
Page 32
DUST CONTROL PLAN CERTIFICATION
I certify the information and attachments contained in this Dust Control Plan are true and correct to the
best of my knowledge and that I and the project's subcontractors have received a copy of this Dust
Control Plan and acknowledge my understanding of and ability to comply with best management
practices for controlling fugitive dust emissions. I hereby permit City officials to enter upon the property
for the purpose of inspection of any dust generating activity or source for which I am the responsible
person, owner, or operator.
Name: ________________________________________________________________________________
Title: ___________________________________ Role on project: ________________________________
Address: ________________________________________________ Phone:
__________________________
Signature: ___________________________________________________ Date: ____________________
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
List of Subcontractors:
Title: ___________________________________ Role on project: ________________________________
Title: ____________________________________ Role on project: ________________________________
Title: ___________________________________ Role on project: ________________________________
Title: ____________________________________Role on project: ________________________________
Title: ____________________________________Role on project: ________________________________
Title: ___________________________________ Role on project: ________________________________
Title: ___________________________________ Role on project: ________________________________
Title: ___________________________________ Role on project: ________________________________
Page 33
Instructions: Place an X in each box indicating all best management practices that will be implemented for each dust
generating activity. Please refer to the Dust Prevention and Control Manual for requirements.
Dust Generating Activity
/Best Management Practice
Earthmoving
Demolition/
Renovation
Stockpile
Street Sweeping
Track‐out /Carry‐
out
Bulk Materials
Transport
Unpaved Roads
and Haul Roads
Parking Lot
Open Area
Saw Cutting or
Grinding
Abrasive Blasting
Leaf Blowing
.
Abrasive media
Asbestos or lead materials
Building permit
Chemical stabilization
Construction sequencing
Drop height
Enclosure
Equipment &work area clean up
Erosion Control plan
High winds restriction
Load cover
Leaf blowing techniques
Location
Minimize disturbed area
On‐tool local exhaust ventilation
On‐tool wet suppression
Other method
Reduce vehicle speeds
Remove deposition
Restrict access
Slurry clean up
Soil retention
Stockpile permit
Surface improvements
Surface roughening
Sweeping
Synthetic or natural cover
Track‐out prevention system
Uncontrolled sweeping prohibited
Vacuum
Vegetation
Wet suppression
Wind barrier
Describe any additional dust generating activities and best management practices that will be used:
Page 34
5.0 Resources
5.1 Cross Reference to Codes, Standards, Regulations, and Policies
Earthmoving Activities
Fort Collins Land Use Code Article 3 General Development Standards §3.2.2 Access, Circulation and
Parking.
Fort Collins Land Use Code Article 3 General Development Standards §3.4.1(N) Standards for Protection
During Construction.
Fort Collins Land Use Code Article 3 General Development Standards §3.4.2 Air Quality.
Fort Collins City Code, Chapter 5 Buildings and Building Regulations, Section 5‐27 (59) §3602.1.1
Building demolitions.
Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20‐1 Air pollution nuisances
prohibited.
Fort Collins City Code Chapter 23 Public Property §23‐16. Permit required; exception in case of
emergency.
Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26‐498 Water quality control.
Fort Collins Stormwater Criteria Manual, Volume 3, Chapter 7, Section 1.3 Policy, Standards and
Submittal Requirements, §1.3.3.e.5.
Fort Collins Stormwater Criteria Manual – Fact Sheet SM‐1 Construction Phasing/Sequencing and Fact
Sheet EC‐1 Surface Roughening.
Larimer County Land Use Code §8.11.4. Fugitive dust during construction.
State of Colorado, Air Quality Control Commission, 5 CCR 1001‐3, Regulation No. 1, §III.D.2.b
Construction Activities.
OSHA Safety and Health Regulations for Construction 29 CFR Part 1926.55 Gases, vapors, fumes, dusts,
and mists.
Demolition and Renovation
Fort Collins Land Use Code, Division 2.7 Building Permits §2.7.1
Fort Collins City Code, Chapter 5 Buildings and Building Regulations, Section 5‐27 (59) §3602.1.1
Building demolitions.
Page 35
Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20‐1 Air pollution nuisances
prohibited.
Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26‐498 Water quality control.
State of Colorado, Air Quality Control Commission, Regulation Number 8, Part B Control of Hazardous
Air Pollutants, 5 CCR 1001‐10.
Stockpiles
Fort Collins Land Use Code, Division 2.6 Stockpiling Permits and Development Construction Permits
§2.6.2.
Fort Collins Land Use Code §2.6.3 (K) Stockpiling Permit and Development Construction Permit Review
Procedures.
Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20‐1 Air pollution nuisances
prohibited.
Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26‐498 Water quality control.
Fort Collins Stormwater Criteria Manual Volume 3, Chapter 7, Section 1.3 Policy, Standards and
Submittal Requirements, §1.3.3.e.7.
Fort Collins Stormwater Criteria Manual ‐ Fact Sheet MM‐2 Stockpile Management.
State of Colorado, Air Quality Control Commission, 5 CCR 1001‐3, Regulation No. 1, §III.D.2.c Storage and
Handling of Materials.
Street Sweeping
Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20‐1 Air pollution nuisances
prohibited.
Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26‐498 Water quality control.
Fort Collins Stormwater Criteria Manual ‐ Fact Sheet SM‐7 Street Sweeping and Vacuuming.
Track‐out/Carry‐out
Fort Collins Traffic Code, Part 1407 Spilling loads on highways prohibited.
Fort Collins Land Use Code §5.2.1 Definitions Maintenance (of a newly constructed street).
Fort Collins City Code: Chapter 20 – Nuisances, Article V ‐ Dirt, Debris and Construction Waste, §Sec.
20‐62. Depositing on streets prohibited.
Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26‐498 Water quality control.
Fort Collins Stormwater Criteria Manual, Volume 3, Chapter 7, Section 1.3 Policy, Standards and
Submittal Requirements, §1.3.3.e.8.
Page 36
Fort Collins Stormwater Criteria Manual – Fact Sheet SM‐4 Vehicle Tracking Control.
Fort Collins Stormwater Criteria Manual – Fact Sheet SM‐7 Street Sweeping and Vacuuming.
State of Colorado, Air Quality Control Commission, 5 CCR 1001‐3, Regulation No. 1, §III.D.2.a.(ii).(B)
General Requirements.
Bulk Materials Transport
Fort Collins Traffic Code, Part 1407 Spilling loads on highways prohibited.
Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20‐1 Air pollution nuisances
prohibited.
Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26‐498 Water quality control.
State of Colorado, Air Quality Control Commission, 5 CCR 1001‐3, Regulation No. 1, §III.D.2.f Haul Trucks.
Colorado Revised Statutes. 42‐4‐1407 Spilling loads on highways prohibited.
Unpaved Roads and Haul Roads
Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20‐1 Air pollution nuisances
prohibited.
Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26‐498 Water quality control.
State of Colorado, Air Quality Control Commission, 5 CCR 1001‐3, Regulation No. 1, §III.D.2.a Roadways
and §III.D.2.e Haul Roads.
Parking Lots
Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20‐1 Air pollution nuisances
prohibited.
Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26‐498 Water quality control.
Open Areas and Vacant Lots
Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20‐1 Air pollution nuisances
prohibited.
Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26‐498 Water quality control.
Saw Cutting and Grinding
Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20‐1 Air pollution nuisances
prohibited.
Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26‐498 Water quality control.
Fort Collins Stormwater Criteria Manual – Fact Sheet SM‐12 Paving and Grinding Operations.
Page 37
Colorado Department of Transportation Standard Specifications for Road and Bridge Construction,
Section 208.04 Best Management Practices for Stormwater.
Abrasive Blasting
Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20‐1 Air pollution nuisances
prohibited.
Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26‐498 Water quality control.
Mechanical (Leaf) Blowing
Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20‐1 Air pollution nuisances
prohibited.
Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26‐498 Water quality control.
5.2 City of Fort Collins Manuals and Policies
Fort Collins Stormwater Criteria Manual http://www.fcgov.com/utilities/business/builders‐and‐
developers/development‐forms‐guidelines‐regulations/stormwater‐criteria
City of Fort Collins Parks and Recreation Environmental Best Management Practices Manual 2011,
Chapter Four: Best Management Practices for Construction http://www.fcgov.com/parks/pdf/bmp.pdf
City of Fort Collins Building Design and Construction Standards, Oct. 2013
http://www.fcgov.com/opserv/pdf/building‐design‐standards2.pdf?1390850442
City of Fort Collins, Recommended Species and Application Rates of Perennial Native Upland Grass Seed
for Fort Collins, Colorado.
City of Fort Collins Plant List, April 2011.
5.3 References for Dust Control
Leaf Blowing
A Report to the California Legislature on the Potential Health and Environmental Impacts of Leaf
Blowers, California Environmental Protection Agency – Air Resources Board, Feb. 2000.
http://www.arb.ca.gov/msprog/mailouts/msc0005/msc0005.pdf
Abrasive Blasting
Sandblasting and Other Air‐based Blasting Fact Sheet, Minnesota Pollution Control Agency, Dec. 2011.
Protecting Workers from the Hazards of Abrasive Blasting Materials, OSHA Fact Sheet.
California Air Resources Board, Abrasive Blasting Program.
http://www.arb.ca.gov/ba/certabr/certabr.htm
Page 38
Saw Cutting
OSHA Fact Sheet on Crystalline Silica Exposure
https://www.osha.gov/OshDoc/data_General_Facts/crystalline‐factsheet.pdf
State of New Jersey – Dry Cutting and Grinding Fact Sheet
http://www.state.nj.us/health/surv/documents/dry_cutting.pdf
Centers for Disease Control and Prevention ‐ Engineering Controls for Silica in Construction
http://www.cdc.gov/niosh/topics/silica/cutoffsaws.html
Shepherd‐S; Woskie‐S, Controlling Dust from Concrete Saw Cutting. Journal of Occupational and
Environmental Hygiene, 2013 Feb; 10(2):64‐70. http://www.cdc.gov/niosh/nioshtic‐2/20042808.html
Akbar‐Khanzadeh F, Milz SA, Wagner CD, Bisesi MS, Ames AL, Khuder S, Susi P, Akbar‐Khanzadeh M,
Effectiveness of dust control methods for crystalline silica and respirable suspended particulate matter
exposure during manual concrete surface grinding. Journal of Occupational and Environmental Hygiene,
2010 Dec;7(12):700‐11. http://www.ncbi.nlm.nih.gov/pubmed/21058155
HSE, On‐Tool Controls to Reduce Exposure to Respirable Dusts in the Construction Industry – A Review.
Health and Safety Executive, RR926, 2012, Derbyshire, U.K.
http://www.hse.gov.uk/research/rrpdf/rr926.pdf
Croteau G, Guffey S, Flanagan ME, Seixas N, The Effect of Local Exhaust Ventilation Controls on Dust
Exposures During Concrete Cutting and Grinding Activities. American Industrial Hygiene Association
Journal, 2002 63:458–467
http://deohs.washington.edu/sites/default/files/images/general/CroteauThesis.pdf
Unpaved Roads, Parking Lots, and Open Areas
Dust Control from Unpaved Roads and Surfaces, Code 373, USDA‐NRCS, April 2010.
http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs143_025946.pdf
CPWA, 2005, Dust Control for Unpaved Roads, A Best Practice by the National Guide to Sustainable
Municipal Infrastructure, Canadian Public Works Association.
Colorado Forest Road Field Handbook, Colorado State Forest, Editor: Richard M. Edwards, CF; CSFS
Assistant Staff Forester, July 2011.
Fay L., Kociolek A., Road Dust Management and Future Needs: 2008 Conference Proceedings, Western
Transportation Institute, March 2009.
Chemical Stabilizers
Interim Guidelines on Dust Palliative Use in Clark County, Nevada. Nevada Division of Environmental
Protection, Feb. 2001. http://ndep.nv.gov/admin/dustpa1.pdf
Bolander, Peter, ed. 1999. Dust Palliative Selection and Application Guide. Project Report. 9977‐1207‐
SDTDC. San Dimas, CA: U.S. Department of Agriculture, Forest Service, San Dimas Technology and
Development Center. http://www.fs.fed.us/eng/pubs/html/99771207/99771207.html
Page 39
Techniques for Fugitive Dust Control – Chemical Suppressants, City of Albuquerque NM, website last
accessed on Oct. 25, 2014.
http://www.cabq.gov/airquality/business‐programs‐permits/ordinances/fugitive‐dust/fugitive‐dust‐
control
USDA BioPreferred Catalog: Dust Suppressants
http://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml
USGS Columbia Environmental Research Center Project: Environmental Effects of Dust Suppressant
Chemicals on Roadside Plant and Animal Communities,
http://www.cerc.usgs.gov/Projects.aspx?ProjectId=77
Street Sweeping
U.S. Department of Transportation, Federal Highway Administration, Stormwater Best Management
Practices: Street Sweeper Fact Sheet. http://environment.fhwa.dot.gov/ecosystems/ultraurb/3fs16.asp
Agriculture and Livestock
Agricultural Air Quality Conservation Measures ‐ Reference Guide for Cropping Systems and General
Land Management, USDA‐NRCS, Oct. 2012.
http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1049502.pdf
Dust Control from Animal Activity on Open Lot Surfaces, Code 375, USDA‐NRCS, Sept. 2010.
http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs143_025821.pdf
Residue and Tillage Management, Reduced Till, Code 345, USDA‐NRCS, Dec. 2013.
http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1251402.pdf
Herbaceous Wind Barriers, Code 603, USDA‐NRCS, Jan. 2010.
http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs143_025927.pdf
Michalewicz, D. A., J. D. Wanjura, B. W. Shaw, and C. B. Parnell. 2005. Evaluation of sources and controls
of fugitive dust from agricultural operations. In Proc. 2005 Beltwide Cotton Conference.
http://caaqes.tamu.edu/Publication‐Particulate%20Matter.html
Harner J., Maghirang R., Razote E., Water Requirements for Dust Control on Feedlots, from the
proceedings of Mitigating Air Emissions From Animal Feeding Operations Conference, May 2008.
http://www.extension.org/pages/23966/water‐requirements‐for‐dust‐control‐on‐feedlots
California Air Pollution Control Officers Association Agriculture Clearinghouse
http://www.capcoa.org/ag‐clearinghouse/
U.S. Department of Agriculture Natural Resources Conservation Service ‐ Nevada, Fugitive Dust: A Guide
to the Control of Windblown Dust on Agricultural Lands in Nevada. Jan. 2007.
http://www.cdsn.org/images/FugitiveDustGuide_v7_201_.pdf
Demolition and Renovation
Page 40
CDPHE, Demolition and Asbestos Abatement forms and information
https://www.colorado.gov/pacific/cdphe/asbestos‐forms
Earthmoving Activities
CDPHE, An Overview of Colorado Air Regulations for Land Development, August 2014
https://www.colorado.gov/pacific/sites/default/files/AP_Land‐Development‐Guidance‐Document_1.pdf
Working With Dirt When the Wind Blows
http://www.gradingandexcavation.com/GX/Articles/Working_With_Dirt_When_the_Wind_Blows_5455
.aspx
EPA – Stormwater Best Management Practices: Dust Control
http://water.epa.gov/polwaste/npdes/swbmp/Dust‐Control.cfm
EPA – Stormwater Best Management Practices: Wind Fences and Sand Fences
http://water.epa.gov/polwaste/npdes/swbmp/Wind‐Fences‐and‐Sand‐Fences.cfm
EPA – Stormwater Best Management Practices: Construction Sequencing
http://water.epa.gov/polwaste/npdes/swbmp/Construction‐Sequencing.cfm
EPA – Stormwater Best Management Practices: Construction Entrances
http://water.epa.gov/polwaste/npdes/swbmp/Construction‐Entrances.cfm
An Overview of Colorado Air Regulations for Land Development. Colorado Department of Public Health
and Environment – Air Pollution Control Division.
https://www.colorado.gov/pacific/sites/default/files/AP_Land‐Development‐Guidance‐Document_1.pdf
Health Effects of Particulate Matter
U.S. Environmental Protection Agency, Integrated Science Assessment for Particulate Matter.
EPA/600/R‐08/139F Dec. 2009.
http://cfpub.epa.gov/ncea/cfm/recordisplay.cfm?deid=216546#Download
World Health Organization, Health Effects of Particulate Matter ‐ Policy. 2013
http://www.euro.who.int/__data/assets/pdf_file/0006/189051/Health‐effects‐of‐particulate‐matter‐
final‐Eng.pdf
Preventing Silicosis in Construction Workers, NIOSH http://www.cdc.gov/niosh/docs/96‐112/
General
Dust Abatement Handbook, Maricopa County Air Quality Department, June 2013.
http://www.maricopa.gov/aq/divisions/compliance/dust/docs/pdf/Rule%20310‐Dust%20Handbook.pdf
Fugitive Dust Control: Self Inspection Handbook, California Air Resources Board, 2007.
http://www.arb.ca.gov/pm/fugitivedust_large.pdf
WRAP Fugitive Dust Handbook, Western Governors’ Association. Sept. 2006.
Page 41
Managing Fugitive Dust: A Guide for Compliance with the Air Regulatory Requirements for Particulate
Matter Generation, Michigan Department of Environmental Quality. March 2014.
Colorado Oil and Gas Conservation Commission, Rules and Regulations, Rule 805 Odors and Dust
http://cogcc.state.co.us/
S. SHIELDS STREET
DAVIDSON DRIVE
DAVIDSON DRIVE
2 MA RB
REPAIR SOD, TYP
DECIDUOUS SHRUBS
EVERGREEN SHRUBS
ORNAMENTAL GRASSES
PERENNIALS
DECIDUOUS TREES
ORNAMENTAL TREES
COBBLE MULCH
WOOD MULCH
IRRIGATED TURF
BOULDERS
MATCHLINE, SEE SHEET L2
BHA Design Incorporated
1603 Oakridge Drive
Fort Collins, Colorado 80525
voice: 970.223.7577
www.bhadesign.com
LEGEND
0' 20' 40' 80'
LANDSCAPE PLAN
L1
W. DRAKE ROAD
S. SHIELDS STREET
1 QU MA
1 MA TC 3 MA RB
REPAIR SOD, TYP
REPAIR SOD, TYP
5 AR FR
3 BO GR
6 PE PI
5 CA CL
1 AR PA
6 AC MO
6 PE PI
3 BO GR
L3 BRICK MASONRY WALL
1
WALL, RE: CIVIL
STEEL EDGER
DECIDUOUS SHRUBS
EVERGREEN SHRUBS
ORNAMENTAL GRASSES
PERENNIALS
DECIDUOUS TREES
ORNAMENTAL TREES
COBBLE MULCH
WOOD MULCH
IRRIGATED TURF
BOULDERS
MATCHLINE, SEE SHEET L3
BHA Design Incorporated
1603 Oakridge Drive
Fort Collins, Colorado 80525
voice: 970.223.7577
www.bhadesign.com
0' 20' 40' 80'
MATCHLINE, SEE SHEET L1
LANDSCAPE PLAN
L2
LEGEND
S. SHIELDS STREET
5 GY DI
REPAIR SOD, TYP
DECIDUOUS SHRUBS
EVERGREEN SHRUBS
ORNAMENTAL GRASSES
PERENNIALS
DECIDUOUS TREES
ORNAMENTAL TREES
COBBLE MULCH
WOOD MULCH
IRRIGATED TURF
BOULDERS
12"
3' MIN.
CONCRETE FOOTING; REINF. W/
#4 STIRRUP @ 18" O.C.
12" DEPTH, COMPACTED
SUBGRADE, 95 SPD
#4 FOOTING DOWELS @ 18" O.C.
FG
#4 CONT. (10 TOTAL), PLACED AS
SHOWN
BURY BOTTOM OF BRICK MIN.
6" BELOW FINISHED GRADE
BUFF SANDSTONE CAP, MIN.
3" THICK x24" L x14" W
BRICK MASONRY VENEER; ±4"
THK.; MAX. 3/8" JOINTS, TOOL
JOINTS TO MATCH EX. SIGN.
WALL TIES @ 16" O.C. BOTH
DIRECTIONS
3
8" GRAVEL BACKFILL
6"
3" CLR TYP
1" DIA. WEEP HOLES @ 5' O.C.
SECTION
FG
EQ EQ
VARIES-SEE PLAN;
24" MAX.
2" x
1
2" DIA. THREADED SS DOWEL,
2 PER CAP STONE
WATERPROOF COATING ON
BACK SIDE OF CONCRETE WALL
14"
2"
8"
BHA Design Incorporated
1603 Oakridge Drive
Fort Collins, Colorado 80525
voice: 970.223.7577
www.bhadesign.com
0' 20' 40' 80'
MATCHLINE, SEE SHEET L2
LANDSCAPE PLAN
L3
TR 1
S. SHIELDS STREET
DAVIDSON DRIVE
TR 2 TR 3
TR 4
TR 5
TR 6
TR 7
TR 8
TR 9
TR 10
EXISTING TREES TO REMAIN
& BE PROTECTED
EXISTING TREES TO BE REMOVED
BHA Design Incorporated
1603 Oakridge Drive
Fort Collins, Colorado 80525
voice: 970.223.7577
www.bhadesign.com
LEGEND
0' 50' 100' 200'
TREE MITIGATION PLAN
L4
TREE MITIGATION
Tree # Species Diameter Condition Projected Status
Mitigation
Value
Actual Mitigation
Assigned
1 Green Ash 22 F Remove and mitigate 2.5 2.5
2 Green Ash 23 F Remove and mitigate 2.5 2.5
3 Linden 13 F Remove and mitigate 2 2
4 Linden 8 F(-) Remove and mitigate 1 0
5 Linden 10 P(+) Remove and mitigate 1 0
6 Austrian Pine 16 F(-) Remove and mitigate 1.5 1.5
7 Hackberry 16 F(+) Remove and mitigate
2.5 2.5
8 Hackberry 14 F(+) Remove and mitigate
2 2
9 Hackberry 11 F Remove and mitigate
1.5 1.5
10 Hackberry 12 F(+) Remove and mitigate
2 2
16.5
BHA Design Incorporated
1603 Oakridge Drive
Fort Collins, Colorado 80525
voice: 970.223.7577
www.bhadesign.com
PLANT LIST & NOTES
L5
PLANT LIST LANDSCAPE NOTES
1. PLANT QUALITY: All plant material shall be a-grade or no. 1 grade - free of any defects, of normal health, height,
leaf density and spread appropriate to the species as defined by the American Association of Nurserymen (AAN)
standards. All trees shall be ball and burlap or equivalent.
2. IRRIGATION: All landscape areas within the site including turf, shrub beds and tree areas shall be irrigated with an
automatic irrigation system. The irrigation plan must be reviewed and approved by the city of Fort Collins water
utilities department prior to the issuance of a building permit. All turf areas shall be irrigated with an automatic
pop-up irrigation system. All shrub beds and trees, including in native seed areas, shall be irrigated with an
automatic drip (trickle) irrigation system, or with an acceptable alternative approved by the city with the irrigation
plans. The irrigation system shall be adjusted to meet the water requirements of the individual plant material.
3. TOPSOIL: To the maximum extent feasible, topsoil that is removed during construction activity shall be conserved for
later use on areas requiring revegetation and landscaping.
4. SOIL AMENDMENTS: Soil amendments shall be provided and documented in accordance with city code section
12-132. The soil in all landscape areas, including parkways and medians, shall be thoroughly loosened to a depth
of not less than eight(8) inches and soil amendment shall be thoroughly incorporated into the soil of all landscape
areas to a depth of at least six(6) inches by tilling, discing or other suitable method, at a rate of at least three (3)
cubic yards of soil amendment per one thousand (1,000) square feet of landscape area. Prior to the issuance of any
certificate of occupancy, a written certification must be submitted to the city that all planted areas, or areas to be
planted, have been thoroughly loosened and the soil amended, consistent with the requirements set forth in section
12-132.
5. INSTALLATION AND GUARANTEE: All landscaping shall be installed according to sound horticultural practices in a
manner designed to encourage quick establishment and healthy growth.
6. MAINTENANCE: Trees and vegetation, irrigation systems, fences, walls and other landscape elements with these
final plans shall be considered as elements of the project in the same manner as parking, building materials and
other site details. The landowner or successors in interest shall be jointly and severally responsible for the regular
maintenance of all landscaping elements in good condition. All landscaping shall be maintained free from disease,
pests, weeds and litter, and all landscape structures such as fences and walls shall be repaired and replaced
periodically to maintain a structurally sound condition.
7. REPLACEMENT: Any landscape element that dies, or is otherwise removed, shall be promptly replaced in
accordance with the requirements of these plans.
8. The following separations shall be provided between trees/shrubs and utilities:
40 feet between canopy trees and street lights
15 feet between ornamental trees and streetlights
10 feet between trees and public water, sanitary and storm sewer main lines
6 feet between trees and public water, sanitary and storm sewer service lines.
4 feet between shrubs and public water and sanitary and storm sewer lines
4 feet between trees and gas lines
9. All street trees shall be placed a minimum eight (8) feet away from the edges of driveways and alleys per luc
3.2.1(d)(2)(a).
10. Placement of all landscaping shall be in accordance with the sight distance criteria as specified by the City of Fort
Collins. No structures or landscape elements greater than 24" shall be allowed within the sight distance triangle or
easements with the exception of deciduous trees provided that the lowest branch is at least 6' from grade. Any
fences within the sight distance triangle or easement must be not more than 42" in height and of an open design.
11. Minor changes in species and plant locations may be made during construction -- as required by site conditions or
plant availability. Overall quantity, quality, and design concept must be consistent with the approved plans. In the
event of conflict with the quantities included in the plant list, species and quantities illustrated shall be provided. All
changes of plant species and location must have written approval by the city prior to installation.
12. All planting beds shall be mulched to a minimum depth of three inches.
SYMBOL BOTANICAL NAME COMMON NAME SIZE ROOT QUANTITY H.Z.
DECIDUOUS TREES
GY DI Gymnocladus dioicus Kentucky Coffee Tree 3" BB
5 L-M
QU MA Quercus macrocarpa Bur Oak 3" BB 1
36" TO 48"
6' MIN.
2 TIMES ROOTBALL DIA.
MULCH PER PLAN
SPECIFIED BACKFILL MATERIAL,
WATER AND TAMP TO REMOVE
AIR POCKETS
CONSTRUCT WATERING RING
AROUND SHRUB AT EDGE OF
PLANTING PIT TO CONTAIN
WATER TO A DEPTH OF 2"
2X ROOTBALL DIAMETER
SCARIFY SIDES AND BOTTOM
GENERAL TREE PLANTING NOTES
1. PRUNE ONLY CROSSOVER LIMBS, CO-DOMINANT LEADERS, AND BROKEN OR DEAD BRANCHES. SOME
INTERIOR TWIGS AND LATERAL BRANCHES MAY BE PRUNED; HOWEVER, DO NOT REMOVE THE TERMINAL
BUDS OF BRANCHES THAT EXTEND TO THE EDGE OF THE CROWN.
2. MARK NORTH SIDE OF THE TREE IN THE NURSERY AND ROTATE TREE TO FACE NORTH AT THE SITE WHENEVER
POSSIBLE. TREES WHOSE NORTH ORIENTATION IS NOT CHANGED FROM THE NURSERY DO NOT NEED TO BE
WRAPPED, EXCEPT TREES WITH VERY THIN BARK.
3. EACH TREE SHALL BE PLANTED SUCH THAT THE TRUNK FLARE IS VISIBLE AT THE TOP OF THE ROOT BALL. DO
NOT COVER THE TOP OF THE ROOT BALL WITH SOIL.
4. SET TOP OF ROOT BALL FLUSH WITH GRADE OR 1"-2" HIGHER IN SLOWLY DRAINING SOILS.
5. DO NOT PLACE MULCH IN CONTACT WITH TREE TRUNK.
6. PLACE SPECIFIED MULCH IN TREE PLANTING RINGS TO THE DEPTH SPECIFIED, UNLESS OTHERWISE INICATED.
7. IN SEEDED AREAS, HOLD SEED BACK TO A MINIMUM 36" DIA. CIRCLE. FORM A 4" HIGH EARTH SAUCER
BEYOND EDGE OF ROOT BALL. MULCH PLANTING PIT.
8. STAKE DECIDUOUS AND CONIFEROUS TREES.
9. TREE STAKES TO BE DRIVEN OUTSIDE OF ROOT BALL.
1" WIDE FABRIC WEBBING WITH GROMMETS &
GALVANIZED WIRE OR CABLE, TWIST WIRE TO TIGHTEN.
BREATHABLE PAPER OF FABRIC TREE WRAP APPLIED FROM TRUNK FLARE TO FIRST
BRANCH. WRAP PAPER FROM BOTTOM UP WITH SUFFICIENT OVERLAP TO COVER
BARK. USE MASKING TAPE TO SECURE.
METAL 'T' STAKE WITH PROTECTIVE CAP. ADJUST TREE STAKE SO THAT
TOP IS LEVEL WITH, OR JUST BELOW, FIRST BRANCHES.
INSTALL 3' DIA. CEDAR WOOD MULCH RING AROUND BASE TO A DEPTH OF 4".
TREES PLANTED IN SOD SHALL BE PLACED INSIDE A 36" DIA. ROLL TOP STEEL EDGING
CIRCLE WITH WOOD MULCH, TREES PLANTED IN PLANTING AREAS SHALL HAVE A 36"
DIA. CIRCLE WITH WOOD MULCH, NO EDGER
BACKFILL MATERIAL
REMOVE TWINE, ROPE, WIRE, AND BURLAP FROM ENTIRE ROOT BALL.
TAMP SOIL AROUND ROOT BALL BASE FIRMLY WITH FOOT
PRESSURE SO THAT ROOT BALL DOES NOT SHIFT
UNEXCAVATED OR COMPACTED MOUND UNDER THE ROOT BALL TO
PREVENT SETTLING.
PROVIDE FERTILIZER PACKETS
PLANT ROOT BALL SLIGHTLY
ABOVE GRADE
6" RADIUS AROUND PERENNIALS
AND ORNAMENTAL GRASSES
TO BE MULCHED USING WOOD
MULCH TO ALLOW FOR PLANT
GROWTH
6"
RADIUS
MULCH PER PLAN
INSTALL CEDAR WOOD MULCH RING
TO EXTENTS OF AROUND BASE TO
A DEPTH OF 4".
BHA Design Incorporated
1603 Oakridge Drive
Fort Collins, Colorado 80525
voice: 970.223.7577
www.bhadesign.com
LANDSCAPE NOTES
L7
WAARANTEE & INSPECTIONS
THE LANDSCAPE CONTRACTOR SHALL HOLD A PRE-CONSTRUCTION MEETING WITH THE CITY PROJECT MANAGER,
LANDSCAPE ARCHITECT AND CITY OF FORT COLLINS FORESTRY AND PARKS DIVISION REPRESENTATIVES TO REVIEW
PROJECT REQUIREMENTS. ADDITIONAL ONSITE INSPECTION MEETINGS SHALL BE SCHEDULED DURING THE
INSTALLATION PHASE OF THE PROJECT TO INSPECT THE QUALITY OF MATERIALS AND INSTALLATION METHODS.
THE LANDSCAPE CONTRACTOR SHALL SCHEDULE AN INSPECTION OF THE COMPLETED LANDSCAPE WORK WITH
THE CITY PROJECT MANAGER, LANDSCAPE ARCHITECT AND CITY OF FORT COLLINS PARKS AND FORESTRY
DIVISION REPRESENTATIVES WITHIN TWO WEEKS OF FINAL COMPLETION OF ALL LANDSCAPE WORK. PUNCH LIST
ITEMS WILL BE IDENTIFIED. IDENTIFIED ITEMS SHALL BE CORRECTED WITHIN TWO WEEKS OF THIS MEETING. UPON
CORRECTION OF ALL PUNCH LIST ITEMS A TWO YEAR WARRANTEE PERIOD WILL BEGIN. ALL PLANT MATERIAL WILL
HAVE A TWO YEAR WARRANTEE.
THE LANDSCAPE CONTRACTOR SHALL PROVIDE FULL WARRANTEE ON TREES (NOT TRANSPLANTED EXISTING TREES)
AND OTHER LANDSCAPE PLANTS AND MATERIALS. DURING THE TWO YEAR WARRANTEE PERIOD THE LANDSCAPE
CONTRACTOR SHALL SCHEDULE A MINIMUM OF TWO INSPECTIONS PER YEAR WITH THE CITY PROJECT MANAGER,
LANDSCAPE ARCHITECT AND CITY OF FORT COLLINS PARKS AND FORESTRY DIVISION REPRESENTATIVES. THE
PURPOSE OF THESE MEETING IS TO EVALUATE GROWTH AND ESTABLISHMENT OF ALL TREES AND LANDSCAPE
PLANTS. ONE INSPECTION SHALL OCCUR EACH YEAR IN JUNE AND ONE IN SEPTEMBER DURING THE TWO YEAR
WARRANTEE PERIOD.
AFTER THE WARRANTEE HAS BEEN PROVIDED FOR TWO YEARS THE LANDSCAPE CONTRACTOR SHALL SCHEDULE A
FINAL INSPECTION WITH THE CITY PROJECT MANAGER, LANDSCAPE ARCHITECT AND CITY OF FORT COLLINS
FORESTRY AND PARKS DIVISION REPRESENTATIVES. LANDSCAPE CONTRACTOR SHALL PROMPTLY REPLACE TREES
AND LANDSCAPE PLANTS FOUND TO HAVE DIED OR IN POOR CONDITION AND PROVIDE REPAIRS TO ANY
LANDSCAPING AS IDENTIFIED AT ANY OF THE SITE INSPECTIONS AND AS DIRECTED BY THE CITY PROJECT
MANAGER OR A REPRESENTATIVE OF THE CITY OF FORT COLLINS PARKS OR FORESTRY DIVISIONS. THE LANDSCAPE
CONTRACTOR SHALL ADVISE THE OWNER ON MAINTENANCE PRACTICES DURING THE WARRANTEE PERIOD TO
IMPROVE PLANT GROWTH AND ESTABLISHMENT. AFTER THE FINAL INSTALLATION INSPECTION AND ONCE ALL
PUNCH LIST ITEMS HAVE BEEN SATISFACTORILY COMPLETED, THE CITY PROJECT MANAGER WILL NOTIFY THE
LANDSCAPE CONTRACTOR THAT THE WARRANTEE PERIOD HAS BEEN COMPLETED.
REPLACED PLANT MATERIAL SHALL HAVE A WARRANTEE TO THE END OF THE TWO YEAR WARRANTEE PERIOD OR
FOR ONE YEAR WHICHEVER PROVIDES FOR THE LONGEST PERIOD OF TIME AFTER PLANT REPLACEMENT.
BHA Design Incorporated
1603 Oakridge Drive
Fort Collins, Colorado 80525
voice: 970.223.7577
www.bhadesign.com
LEGEND & NOTES
IR0.0
Tree Diameter at Breast
Height (inches)
Auger Distance From Face
of Tree (feet)
0-2 1
3-4 2
5-9 5
10-14 10
15-19 12
Over 19 15
14
A1
1"
B
BHA Design Incorporated
1603 Oakridge Drive
Fort Collins, Colorado 80525
voice: 970.223.7577
www.bhadesign.com
LEGEND & NOTES
IR0.1
1
2
3
4
5
6
7
8
BHA Design Incorporated
1603 Oakridge Drive
Fort Collins, Colorado 80525
voice: 970.223.7577
www.bhadesign.com
LEGEND & NOTES
IR0.2
S. SHIELDS STREET
DAVIDSON DRIVE
DAVIDSON DRIVE
X1
14.0
4
6
5
1
2
3
4
5
6
7
8
MATCHLINE, SEE SHEET L2
BHA Design Incorporated
1603 Oakridge Drive
Fort Collins, Colorado 80525
voice: 970.223.7577
www.bhadesign.com
0' 20' 40' 80'
IRRIGATION PLAN
IR1.1
W. DRAKE ROAD
S. SHIELDS STREET
1 1 4 "
Drip
B1
2.0
B2
B
4
5
6
6
2
5
1
8
X2
4.44
29.0
X3
6.00
A1
5.22
A2
7
MATCHLINE, SEE SHEET L3
BHA Design Incorporated
1603 Oakridge Drive
Fort Collins, Colorado 80525
voice: 970.223.7577
www.bhadesign.com
0' 20' 40' 80'
MATCHLINE, SEE SHEET L1
IRRIGATION PLAN
IR1.2
S. SHIELDS STREET
1 1 4 "
1 1 4 "
11 2 "
4
6 6
5
A3
28.0
1
2
3
4
5
6
7
8
BHA Design Incorporated
1603 Oakridge Drive
Fort Collins, Colorado 80525
voice: 970.223.7577
www.bhadesign.com
0' 20' 40' 80'
MATCHLINE, SEE SHEET L2
IRRIGATION PLAN
IR1.3
BHA Design Incorporated
1603 Oakridge Drive
Fort Collins, Colorado 80525
voice: 970.223.7577
www.bhadesign.com
DETAILS
IR2.0
REMOTE CONTROL TURF
VALVE ASSEMBLY
4-INCH GEAR-DRIVEN
ROTOR ASSEMBLY
BHA Design Incorporated
1603 Oakridge Drive
Fort Collins, Colorado 80525
voice: 970.223.7577
www.bhadesign.com
DETAILS
IR2.1
6-INCH POP-UP SPRAY
SPRINKLER ASSEMBLY
REMOTE CONTROL DRIP
VALVE ASSEMBLY
BHA Design Incorporated
1603 Oakridge Drive
Fort Collins, Colorado 80525
voice: 970.223.7577
www.bhadesign.com
DETAILS
IR2.2
SINGLE OUTLET EMITTER
ASSEMBLY
INLINE DRIP PIPE ASSEMBLY
FOR TREES
6
BHA Design Incorporated
1603 Oakridge Drive
Fort Collins, Colorado 80525
voice: 970.223.7577
www.bhadesign.com
DETAILS
IR2.3
DRIP FLUSH CAP
ASSEMBLY
7 PEDESTAL MOUNT CONTROLLER
ASSEMBLY
8
BHA Design Incorporated
1603 Oakridge Drive
Fort Collins, Colorado 80525
voice: 970.223.7577
www.bhadesign.com
DETAILS
IR2.4
TYPICAL TRENCHING
DETAIL
9
TYPICAL SLEEVING
DETAIL
24" min.
10
ORGANIC
MULCH
3"d. MIN. WOOD MULCH, IN PERENNIAL
AND SHRUB AREAS PLACED WITHIN
COBBLE MULCHES
MEDIAN CURB
8" - 12" COBBLE
3" to 6" COBBLE
PLANT MATERIAL,
TYP.
NOTES:
1. OBTAIN COBBLE MATERIALS FROM SAME SOURCE AND MAINTAIN HIGH DEGREE OF CONSISTENCY IN WORKMANSHIP
THROUGHOUT THE PROJECT.
2. REFER TO SITE PLANS FOR GENERAL MULCH TYPE LAYOUTS AND PATTERN.
3. SUBMIT SAMPLES OF EACH TYPE, COLOR AND SIZE OF MULCH INDICATED AND WEED BARRIER FOR REVIEW AND APPROVAL
BY OWNER'S REPRESENTATIVE PRIOR TO INSTALLING ANY MATERIAL ONSITE.
4. MEANDER COBBLE EDGES THAT DEFINE TRANSITION BETWEEN COBBLE AND ORGANIC MULCH ALONG STEEL EDGER WITH
BANDS OF LARGER COBBLE. MAINTAIN 8-12" COBBLE TOWARDS CENTER OF MEDIAN AND AWAY FROM CURB.
5. CONTRACTOR TO LAYOUT A 100 SQ.FT. SECTION OF COBBLE/ORGANIC MULCH BED AND TAKE/EMAIL PHOTOGRAPH FOR
APPROVAL BY OWNER'S REPRESENTATIVE PRIOR TO PLACING REMAINING MULCHES. UPON APPROVAL, RETAIN
SAMPLE/MOCK UP FOR COMPARISON WITH MATERIALS/LAYOUT USED IN REMAINING WORK. ACCEPTED FIELD SAMPLE MAY
REMAIN AS PART OF WORK, HOWEVER, IT CAN BE REMOVED WHEN NO LONGER REQUIRED FOR COMPARISON WITH
FINISHED WORK.
6. RIVER ROCK COBBLE TO BE TAN IN COLOR. CONTRACTOR TO SUBMIT SAMPLE(S) OF RIVER ROCK COBBLE IN EACH SIZE,
PRIOR TO PLACING ROCK.
7. PLACE WEED BARRIER BENEATH COBBLE MULCH ONLY.
8. OVERALL MEDIAN COBBLE MIX SHALL CONSIST OF: (SEE SPECS)
50% - 1.5" to 4" COBBLE WITH GROUPINGS OF 30% - 3" to 6" COBBLE AND 20% - 8" to 12" OR LARGER COBBLE, HAND
PLACED AS ACCENTS FOR VISUAL INTEREST AND TO SEPARATE ABUTTING ORGANIC AND SMALLER COBBLE MULCHES.
9. LARGER STONE SHALL BE PLACED FIRST, TO BE EMBEDDED, MINGLED AND SETTLED WITH THE SMALLER COBBLE, RATHER
THAN LOOSELY DUMPED
1.5" - 4" COBBLE
BHA Design Incorporated
1603 Oakridge Drive
Fort Collins, Colorado 80525
voice: 970.223.7577
www.bhadesign.com
LANDSCAPE DETAILS
L6
PLANTING DETAILS
MULCHING DETAILS
L-M
ORNAMENTAL TREES
MA RB Malus Red Baron Red Baron Crabapple 2" BB
5 L-M
MA TC Malus Thunderchild Thunderchild Crabapple 2" BB 1
L-M
DECIDUOUS SHRUBS
CA CL Caryopteris x clandonensis 'First Choice' First Choice Spirea 5 Gal. Cont.
5 VL
EVERGREEN SHRUBS
AR PA Arctostaphylos x coloradoensis panchito Panchito Manzanita 3 Gal. Cont. 1
VL
ORNAMENTAL GRASSES
BO GR Bouteloua gracilis 'Bonde Ambition' Blonde Ambition Grama Grass 1 Gal. Cont.
6 VL
PERENNIALS
AC MO Achillea 'Moonshine' Moonshine Yarrow 1 Gal. Cont. 6 VL
AR FR Artemisia frigida Fringed Sage 1 Gal. Cont.
5 VL
PE PI Penstemon pinifolius Pineleaf Penstemon 1 Gal. Cont.
12 L
A PERMIT MUST BE OBTAINED FROM THE CITY FORESTER BEFORE ANY TREES OR SHRUBS AS NOTED ON THIS PLAN
ARE PLANTED, PRUNED OR REMOVED IN THE PUBLIC RIGHT-OF-WAY. THIS INCLUDES ZONES BETWEEN THE
SIDEWALK AND CURB, MEDIANS AND OTHER CITY PROPERTY. THIS PERMIT SHALL APPROVE THE LOCATION AND
SPECIES TO BE PLANTED. FAILURE TO OBTAIN THIS PERMIT IS A VIOLATION OF THE CITY OF FORT COLLINS CODE
SUBJECT TO CITATION (SECTION 27-31) AND MAY ALSO RESULT IN REPLACING OR RELOCATING TREES AND A
HOLD ON CERTIFICATE OF OCCUPANCY.
STREET TREE NOTES
1. A permit must be obtained from the city forester before any trees or shrubs as noted on this plan are planted, pruned
or removed in the public right-of-way. This includes zones between the sidewalk and curb, medians and other city
property. This permit shall approve the location and species to be planted. Failure to obtain this permit is a violation
of the city of Fort Collins code subject to citation (section 27-31) and may also result in replacing or relocating trees
and a hold on certificate of occupancy.
2. Street landscaping, including street trees, shall be selected in accordance with all city codes and policies. All tree
pruning and removal works shall be performed by a City of Fort Collins licensed arbors where required by code.
Street trees shall be supplied and planted by the developer using a qualified landscape contractor.
3. Subject to approval by the city forester -- street tree locations may be adjusted to accommodate driveway locations,
utility separations between trees, street signs and street lights. street trees to be centered in the middle of the lot to the
extent feasible. quantities shown on plan must be installed unless a reduction is approved by the city to meet
separation standards.
LEGEND
SCALE:
1 BRICK 1/MASONRY 2" = 1' WALL
activity or source.
Particulate matter shall mean any material
that is emitted into the air as finely divided solid
or liquid particles, other than uncombined
water, and includes dust, smoke, soot, fumes,
aerosols and mists.
Required best management practices shall
mean specific measures that are required to be
implemented if a dust generating activity is
occurring.
Sensitive area shall mean a specific area that
warrants special protection from adverse
impacts due to the deposition of fugitive dust,
such as natural areas (excluding buffer zones),
sources of water supply, wetlands, critical
wildlife habitat, or wild and scenic river
corridors.
Soil retention shall mean the stabilization of
disturbed surface areas that will remain
exposed and inactive for 30 days or more or
while vegetation is being established using
mulch, compost, soil mats, or other methods.
off‐property or off‐vehicle transport. Dust
generating activity or source shall include a
paved parking lot containing an area of more
than one half (1/2) acre.
Earthmoving shall mean any process that
involves land clearing, disturbing soil surfaces,
or moving, loading, or handling of earth, dirt,
soil, sand, aggregate, or similar materials.
Fugitive dust shall mean solid particulate
matter emitted into the air by mechanical
processes or natural forces but is not emitted
through a stack, chimney, or vent
Note: Mixes with gradations having less than 40% passing the 4.75 mm (No. 4) sieve shall be
approached with caution because of constructability problems.
Note: Gradations for mixes with a nominal maximum aggregate size of one-inch or larger are
considered a coarse gradation if they pass below the maximum density line at the #4
screen.
Gradations for mixes with a nominal maximum aggregate size of ¾ inch or smaller are
considered a coarse gradation if they pass below the maximum density line at the #8
screen.
All mix designs shall be run with a gyratory compaction angle of 1.25 degrees and properties must satisfy Table
403-1. Form 43 will establish construction targets for Asphalt Cement and all mix properties at Air Voids up to
46
non-
competitive
award
None
None unless
non-
competitive
award
None
None unless
non-
competitive
award
II Non State
Grantees
a. Contracts
below SAT
($100,000)
b. Contracts
above
$100,000/Capital
Projects
Yes3
Yes3
Those imposed
on non-state
Grantee pass
thru to
Contractor
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Sources of Authority:
1 49 USC 5325 (a)
2 49 CFR 633.17
6. The contractor shall include the provisions of Sections 1
through 4 of this Attachment A in every subcontract for work
which is, or reasonably may be, done as on-site work.
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
changed circumstances.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. You may contact the person to
which this proposal is submitted for assistance in obtaining a
copy of those regulations. “First Tier Covered Transactions”
refers to any covered transaction between a grantee or
subgrantee of Federal funds and a participant (such as the
prime or general contract). “Lower Tier Covered Transactions”
refers to any covered transaction under a First Tier Covered
Transaction (such as subcontracts). “First Tier Participant”
refers to the participant who has entered into a covered
transaction with a grantee or subgrantee of Federal funds
(such as the prime or general contractor). “Lower Tier
Participant” refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless
authorized by the department or agency with which this
transaction originated.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transaction,"
without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions exceeding
the $25,000 threshold.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded
Parties List System website (https://www.epls.gov/), which is
compiled by the General Services Administration.
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render
in good faith the certification required by this clause. The
knowledge and information of participant is not required to
exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
failure of the prospective first tier participant to furnish a
certification or an explanation shall disqualify such a person
from participation in this transaction.
c. The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
agency determined to enter into this transaction. If it is later
determined that the prospective participant knowingly rendered
an erroneous certification, in addition to other remedies
available to the Federal Government, the contracting agency
may terminate this transaction for cause of default.
d. The prospective first tier participant shall provide
immediate written notice to the contracting agency to whom
this proposal is submitted if any time the prospective first tier
participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. “First Tier Covered
Transactions” refers to any covered transaction between a
grantee or subgrantee of Federal funds and a participant (such
as the prime or general contract). “Lower Tier Covered
Transactions” refers to any covered transaction under a First
Tier Covered Transaction (such as subcontracts). “First Tier
Participant” refers to the participant who has entered into a
covered transaction with a grantee or subgrantee of Federal
funds (such as the prime or general contractor). “Lower Tier
Participant” refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by
the department or agency entering into this transaction.
g. The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transactions,"
provided by the department or contracting agency, entering
into this covered transaction, without modification, in all lower
tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the $25,000 threshold.
h. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded
Parties List System website (https://www.epls.gov/), which is
compiled by the General Services Administration.
contract. Written consent will be given only after the
contracting agency has assured that each subcontract is
evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract.
5. The 30% self-performance requirement of paragraph (1) is
not applicable to design-build contracts; however, contracting
agencies may establish their own self-performance
requirements.
VII. SAFETY: ACCIDENT PREVENTION
T h i s p r o v i s i o n i s applicable to all Federal-aid
construction contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall
comply with all applicable Federal, State, and local laws
governing safety, health, and sanitation (23 CFR 635). The
contractor shall provide all safeguards, safety devices and
protective equipment and take any other needed actions as it
determines, or as the contracting officer may determine, to be
reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to
protect property in connection with the performance of the
work covered by the contract.
2. It is a condition of this contract, and shall be made a
condition of each subcontract, which the contractor enters into
pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance
of the contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to his/her
health or safety, as determined under construction safety and
health standards (29 CFR 1926) promulgated by the Secretary
of Labor, in accordance with Section 107 of the Contract Work
Hours and Safety Standards Act (40 U.S.C. 3704).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
that the Secretary of Labor or authorized representative
thereof, shall have right of entry to any site of contract
performance to inspect or investigate the matter of compliance
with the construction safety and health standards and to carry
out the duties of the Secretary under Section 107 of the
Contract Work Hours and Safety Standards Act (40
U.S.C.3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
T h i s p r o v i s i o n i s applicable to all Federal-aid
construction contracts and to all related subcontracts.
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made
by engineers, contractors, suppliers, and workers on Federal-
aid highway projects, it is essential that all persons concerned
with the project perform their functions as carefully, thoroughly,
and honestly as possible. Willful falsification, distortion, or
misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and
similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR 635) in one or more
places where it is readily available to all persons concerned
with the project:
18 U.S.C. 1020 reads as follows:
or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph (1.) of this section, the contractor and any
subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor
shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in
paragraph (1.) of this section, in the sum of $10 for each
calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause set forth in paragraph (1.) of this section.
3. Withholding for unpaid wages and liquidated damages.
The FHWA or the contacting agency shall upon its own action
or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any
other federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (2.) of this
section.
4. Subcontracts. The contractor or subcontractor shall insert
in any subcontracts the clauses set forth in paragraph (1.)
through (4.) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (1.) through (4.) of this
section.
rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with
the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer
and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable
program is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the
work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training
Administration.
The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the
Employment and Training Administration.
Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention
fringe benefits, trainees shall be paid the full amount of fringe
benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
In addition, any trainee performing work on the job site in
excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed.
In the event the Employment and Training Administration
withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an
acceptable program is approved.
c. Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be
in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29
CFR part 30.
Bacon Act, the contractor shall maintain records which show
that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the
plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs.
b. (1) The contractor shall submit weekly for each week in
which any contract work is performed a copy of all payrolls to
the contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required to be
maintained under 29 CFR 5.5(a)(3)(i), except that full social
security numbers and home addresses shall not be included
on weekly transmittals. Instead the payrolls shall only need to
include an individually identifying number for each employee (
e.g. , the last four digits of the employee's social security
number). The required weekly payroll information may be
submitted in any form desired. Optional Form WH–347 is
available for this purpose from the Wage and Hour Division
Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm
or its successor site. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker,
and shall provide them upon request to the contracting agency
for transmission to the State DOT, the FHWA or the Wage and
Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this section for a prime
contractor to require a subcontractor to provide addresses and
social security numbers to the prime contractor for its own
records, without weekly submission to the contracting agency..
(2) Each payroll submitted shall be accompanied by a
“Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall
certify the following:
(i) That the payroll for the payroll period contains the
information required to be provided under §5.5 (a)(3)(ii) of
Regulations, 29 CFR part 5, the appropriate information is
being maintained under §5.5 (a)(3)(i) of Regulations, 29
CFR part 5, and that such information is correct and
complete;
(ii) That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on the contract
during the payroll period has been paid the full weekly
wages earned, without rebate, either directly or indirectly,
and that no deductions have been made either directly or
indirectly from the full wages earned, other than
permissible deductions as set forth in Regulations, 29 CFR
part 3;
(iii) That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed,
as specified in the applicable wage determination
incorporated into the contract.
which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination for
the classification of work actually performed, without regard to
skill, except as provided in 29 CFR 5.5(a)(4). Laborers or
mechanics performing work in more than one classification
may be compensated at the rate specified for each
classification for the time actually worked therein: Provided,
That the employer's payroll records accurately set forth the
time spent in each classification in which work is performed.
The wage determination (including any additional classification
and wage rates conformed under paragraph 1.b. of this
section) and the Davis-Bacon poster (WH–1321) shall be
posted at all times by the contractor and its subcontractors at
the site of the work in a prominent and accessible place where
it can be easily seen by the workers.
b. (1) The contracting officer shall require that any class of
laborers or mechanics, including helpers, which is not listed in
the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
(ii) The classification is utilized in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the contracting officer agree on the
classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of
the action taken shall be sent by the contracting officer to the
Administrator of the Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor,
Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and
so advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is
necessary.
(3) In the event the contractor, the laborers or mechanics
to be employed in the classification or their representatives,
and the contracting officer do not agree on the proposed
classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the
views of all interested parties and the recommendation of the
contracting officer, to the Wage and Hour Administrator for
determination. The Wage and Hour Administrator, or an
authorized representative, will issue a determination within
30 days of receipt and so advise the contracting officer or
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar
with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established there
under. Employers must provide reasonable accommodation in
all employment activities unless to do so would cause an
undue hardship.
9. Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex,
national origin, age or disability in the selection and retention
of subcontractors, including procurement of materials and
leases of equipment. The contractor shall take all necessary
and reasonable steps to ensure nondiscrimination in the
administration of this contract.
a. The contractor shall notify all potential subcontractors and
suppliers and lessors of their EEO obligations under this
contract.
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurance Required by 49 CFR 26.13(b):
a. The requirements of 49 CFR Part 26 and the State
DOT’s U.S. DOT-approved DBE program are incorporated by
reference.
b. The contractor or subcontractor shall not discriminate on
the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and
administration of DOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the contracting agency
deems appropriate.
11. Records and Reports: The contractor shall keep such
records as necessary to document compliance with the EEO
requirements. Such records shall be retained for a period of
three years following the date of the final payment to the
contractor for all contract work and shall be available at
reasonable times and places for inspection by authorized
representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the
following:
(1) The number and work hours of minority and non-
minority group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women;
b. The contractors and subcontractors will submit an annual
report to the contracting agency each July for the duration of
the project, indicating the number of minority, women, and
non-minority group employees currently engaged in each work
classification required by the contract work. This information is
to be reported on Form FHWA-1391. The staffing data should
represent the project work force on board in all or any part of
the last payroll period preceding the end of July. If on-the-job
training is being required by special provision, the contractor
contractor will include in all advertisements for employees the
notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large
circulation among minorities and women in the area from
which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral
sources likely to yield qualified minorities and women. To
meet this requirement, the contractor will identify sources of
potential minority group employees, and establish with such
identified sources procedures whereby minority and women
applicants may be referred to the contractor for employment
consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the
contractor is expected to observe the provisions of that
agreement to the extent that the system meets the contractor's
compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to
refer minorities and women as applicants for employment.
Information and procedures with regard to referring such
applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and
personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be
taken without regard to race, color, religion, sex, national
origin, age or disability. The following procedures shall be
followed:
a. The contractor will conduct periodic inspections of project
sites to insure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
personnel.
b. The contractor will periodically evaluate the spread of
wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with its obligations under this contract, will attempt to resolve
such complaints, and will take appropriate corrective action
within a reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant,
such corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform
every complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
or any other action determined to be appropriate by the
contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal-aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. The term Federal-aid
highway does not include roadways functionally classified as
local roads or rural minor collectors.
II. NONDISCRIMINATION
The provisions of this section related to 23 CFR Part 230 are
applicable to all Federal-aid construction contracts and to all
related construction subcontracts of $10,000 or more. The
provisions of 23 CFR Part 230 are not applicable to material
supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR 60,
29 CFR 1625-1627, Title 23 USC Section 140, the
Rehabilitation Act of 1973, as amended (29 USC 794), Title VI
of the Civil Rights Act of 1964, as amended, and related
regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR
Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000,
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR 60, and 29
CFR 1625-1627. The contracting agency and the FHWA have
the authority and the responsibility to ensure compliance with
Title 23 USC Section 140, the Rehabilitation Act of 1973, as
amended (29 USC 794), and Title VI of the Civil Rights Act of
1964, as amended, and related regulations including 49 CFR
Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR 230, Appendix
A, with appropriate revisions to conform to the U.S.
Department of Labor (US DOL) and FHWA requirements.
1. Equal Employment Opportunity: Equal employment
opportunity (EEO) requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth
under laws, executive orders, rules, regulations (28 CFR 35,
29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27)
and orders of the Secretary of Labor as modified by the
provisions prescribed herein, and imposed pursuant to 23
U.S.C. 140 shall constitute the EEO and specific affirmative
action standards for the contractor's project activities under