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HomeMy WebLinkAboutCORRESPONDENCE - GENERAL CORRESPONDENCE - REVISION OF SECTION 101 HOLIDAYMay 31, 2001 REVISION OF SECTION 101 HOLIDAYS Section 101 of the Standard Specifications is hereby revised for this project as follows: Subsection 101.32, first paragraph, shall include the following: Cesar Chavez Day In subsection 101.32, delete the second paragraph and replace with the following: When New Year's Day, Cesar Chavez Day, Independence Day, or Christmas Day falls on a Sunday, the following Monday shall be considered a holiday. When one of these days falls on a Saturday, the preceding Friday shall be considered a holiday. May 26, 2005 1 REVISION OF SECTION 105 CONFORMITY WITH PLANS AND SPECIFICATIONS Section 105 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 105.03 and replace with the following: 105.03 Conformity with Plans and Specifications. All work performed and all materials furnished shall conform to the lines, grades, cross sections, dimensions, and material requirements, including tolerances, shown in the Contract. For those items of work where working tolerances are not specified, the Contractor shall perform the work in a manner consistent with reasonable and customary manufacturing and construction practices. When the Engineer finds that the materials furnished, the work performed, or the finished pro uct does not conform with the Contract but that reasonably acceptable work has been produced, the Engin1er will determine the extent the work will be accepted and remain in place. If accepted the Engineer will (1) document the basis for acceptance by Contract Modification Order which will provide for an appropriate reduction in the Contract price for such work or materials not otherwise provided for in this subsection or (2) notify the Contractor in writing that the Contract unit price will be reduced in accordance with this subsection when P is 25 or less, or (3) in lieu of a price reduction, permit correction or replacement of the finished product provided the correction or replacement does not adversely affect the work. When the Engineer finds the materials furnished, work performed, or the finished product are not in conformity with the Contract and has resulted in an inferior or unsatisfactory product, the work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor. If asphalt cement testing demonstrates that asphalt cement was acid modified or alkaline modified, the supplier will be automatically decertified. In addition, all material placed containing the acid modified or alkaline modified asphalt cement shall be removed and replaced with specification material at no cost to the department. Materials will be sampled and tested by the Department in accordance with the sampling and testing schedules and procedures contained in the Department's Field Materials Manual. The approximate maximum quantity represented by each sample will be as set forth in the schedules. An additional number of samples in relation to the quantity of material represented may be selected and tested at the Engineer's discretion. The quantity represented by five consecutive random samples will constitute a lot whenever production schedules and material continuity permit. The Engineer may establish a lot consisting of the quantity represented by any number of consecutive random samples from one to seven inclusive when it is necessary to represent short production runs, significant material changes, or other unusual characteristics of the work. Tests that are determined to have sampling or testing errors will not be used. Materials or work will be evaluated for price reduction only when deviations from specifications occur on any of the several individual tests for the lot. The several individual test values will be averaged and the percent of price reduction for the lot will be determined by applicable formula. The formula in (a) and (b) below will be used only when the lot is represented by three to seven tests inclusive. (a) The formula, P = (Xn + aR- Tu)F., will be used if a maximum limit only is specified or; when the average of the several test values is above the mid point of the specification band or above the job -mix formula value. (b) The formula, P = (TL + aR- Xn)F. will be used if a minimum limit only is specified or; when the average of the December 20, 2002 2 ON THE JOB TRAINING 7. The Contractor shall pay the training program wage rates and the correct fringe benefits to each registered trainee employed on the contract work and currently enrolled in an approved program. The minimum trainee wage shall be the full laborer wage (group 2, outside labor, above ground) on all Davis -Bacon projects. 8. All apprentices or trainees for which the Contractor expects to receive reimbursement must first be registered on the project by submitting a completed CDOT Form 838. This form must then be reviewed and approved by the CDOT Region Equal Employment Opportunity (EEO)/Civil Rights Specialist before reimbursement will be made. Requests for registration shall be submitted in writing to the Engineer and will be granted when the following information is provided and approved: a. A completed CDOT Form No. 838 for each trainee or apprentice b. Evidence of the approval of the applicable trainee program. c. Evidence of the registration of the trainee into the approved trainee program d. A copy of the current applicable approved training program. 9. Within the first 100 hours of training time completed, the Contractor shall provide each trainee with a review of the training program, pay scale, pension and retirement benefits, health and disability benefits, promotional opportunities, company policies and complaint procedure. The Contractor shall also furnish the trainee a copy of the training program. 10. On a monthly basis, the Contractor shall provide to the Engineer a completed On The Job Training Progress Report (CDOT Form No. 832) for each approved trainee or apprentice on the project. The CDOT Form No. 832 must be reviewed and approved by the CDOT Region Equal Employment Opportunity (EEO)/Civil Rights Specialist before reimbursement will be made. The Contractor will be reimbursed for each approved apprentice or trainee required by the Department and documented on CDOT Form 832, but not more than the OJT Force Account budget unless approved by the Engineer. Upon completion of training, transfer to another project, termination of the trainee or notification of final acceptance of the project, the Contractor shall submit to the Engineer a "final" completed CDOT Form No. 832 for each approved apprentice or trainee. 11, All forms referred to are available from the Business Programs Office of the Department of Transportation, through the CDOT Region Equal Employment Opportunity (EEO) /Civil Rights Specialist, or on CDOT's website at http://www.dot.state.co.us/Bidding/BidForms.htm 12. The Engineer will provide reimbursement to the Contractor. Payment is based on the number of hours of on-the-job training the Contractor provides to the trainee under this Contract and the applicable reimbursement rate. Submission of the CDOT Form No. 832 will document the training hours provided during the month, and will be considered a request for payment. Where applicable, the Contractor shall note and explain discrepancies between the hours documented on CDOT Form No. 832 and the corresponding certified payrolls. To receive payment the CDOT Forms 838 and 832 must be completed in full and the Contractor must be in compliance with all requirements of this specification. (b) Standard Training Program If the Contractor is not participating in the Department's Colorado Training Program, the training shall be provided according to the following: 1. The number of training hours for the trainees to be employed on the project shall be as shown in the Contract. The trainees or apprentices employed under the Contract shall be registered with the Department using CDOT Form No 838. 2. Subcontractor trainees who are enrolled in an approved Program may be used by the Contractor to satisfy the requirements of this special provision. December 20, 2002 November xx, 2002 3 ON THE JOB TRAINING 3. At least ten working days prior to the first progress payment to be made after work has begun, the Contractor shall submit to the Engineer documentation showing DOL or FHWA approval of the Contractor's training program, a plan that identifies each proposed trainee, total training hours for each trainee, and the construction phase for training each of the proposed trainees, including the duration, for this specific project. Progress payments may be withheld until this plan is submitted and approved and may be withheld if the approved plan is not followed. 4. A trainee shall begin work on the project as soon as possible utilizing the skill involved and remain on the project as long as meaningful training opportunities exist. It is not required that all trainees be employed on the project for the entire length of the Contract. 5. The Contractor will be reimbursed 80 cents per hour for each approved apprentice or trainee required by the Department. 6. In order to receive reimbursement, the Contractor shall provide the number of training hours specified in the OJT goal assigned to the project. 7. The OJT goal for the project will be included in the Project Special Provisions and will be determined by the CDOT Region Equal Employment Opportunity (EEO) /Civil Rights Specialist after considering: a. Availability of minorities, women, and disadvantaged for training; b. The potential for effective training; c. Duration of the contract; d. Dollar value of the contract; e. Total normal work force that the average bidder could be expected to use; f. Geographic location; g. Type of work; and h. The need for additional journey workers in the area; 8. The guidelines for contract dollar value, minimum total training hours, and maximum reimbursement are as follows: Category Contract dollar value Minimum total training hours to be provided on the project Maximum reimbursement allowed A Up to 1 million 0 0 B >1 - 2 million 320 $600 C >2 - 4 million 640 $800 D >4 - 6 million 1280 $1400 E >6 - 8 million 1600 $1700 F >8 - 12 million 1920 $2000 G >12- 16million 2240 $2,4000 H >16 - 20 million 2560 $2,600 1 For each increment of $5 million, over $20 million 1280 $1400 December 20, 2002 4 ON THE JOB TRAINING 9. The Contractor shall have fulfilled its responsibilities under this training special provision if the CDOT Regional Civil Rights Equal Employment Opportunity (EEO)/Civil Rights Specialist has determined that it has provided acceptable number of training hours specified in the Contract in accordance with this special provision. (c) Colorado Training Program. If the Contractor has a current approved Colorado Training Program plan, the training shall be provided according to the following: 1. The Contractor shall comply with the requirements of the Department's procedures as defined in the Colorado Training Program Manual. 2. If the Contractor has an approved Colorado Training Program plan, then they shall be exempted from the contract OJT goal. 3. Each trainee enrolled in the Colorado Training Program will receive a minimum of 1200 hours per year of on-the-job training. Up to 200 hours of offsite classroom training can be included in the 1200 hours minimum. The trainee's hours per year may be on CDOT or non-CDOT projects. 4. At least ten working days prior to the first progress payment to be made after work has begun, the Contractor shall submit to the Engineer documentation showing DOL or FHWA approval of the Contractor's training program and proof of good standing in the Colorado Training Program. 5. The Contractor will be reimbursed $4.80 per hour for each approved trainee who is working on the Contract . Of the $4.80 per hour reimbursed to the Contractor, any amount over $.80 per hour must be forwarded by the Contractor to the trade or labor organization(s) through which the Contractor obtains their trainees or apprentices (sponsor) and spent for training and recruitment. The Department will not reimburse for classroom training or training provided on non-CDOT projects. 6. Contractors who are in good standing in the Colorado Training Program will receive hours credit for their trainees whether they work on a CDOT or a non-CDOT project. Contractors will be reimbursed by CDOT only for hours worked on CDOT projects. 7. The Contractor will be considered in compliance with the requirements of the Colorado Training Program when the Contractor demonstrates to the Department that it has met the requirements described in this special provision and the Contractor's approved Colorado Training Program Training Plan. 8. The Contractor shall comply with the affirmative action requirements in their approved Colorado Training Program Training Plan. 9. Contractors must have an approved Training Plan for the calendar year to be able to use this option. Contractors who do not have an approved Colorado Training Program Training Plan must comply with the requirements of Part (b) of this special provision. 10. The minimum required number of trainees to be employed by the Contractor shall be as shown in the Contractor's approved Colorado Training Program Training Plan. 11. The Contractor shall have fulfilled its responsibilities described in this special provision if it has remained in good standing in the Colorado Training Program during the life of the Contract. July21, 1999 RAILROAD INSURANCE The Contractor shall carry insurance of the following kinds and amounts: A. CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE LIABILITY INSURANCE. The Contractor shall furnish evidence to the Department that with respect to the operations the Contractor performs, the Contractor carries Contractor's Public Liability Insurance providing for a limit of not less than One Million Dollars ($1,000,000.00) for all damages arising out of bodily injuries to or death of one person and subject to that limit for each person, a total limit of Two Million Dollars ($2,000,000.00) for all damages arising out of bodily injuries to or death of two or more persons in any one occurrence; and Contractor's Property Damage Liability Insurance providing for a limit of not less than One Million Dollars ($1,000,000.00) for all damages arising out of injury to or destruction of property in any one occurrence and subject to that limit per occurrence, a total (or aggregate) limit of Two Million Dollars ($2,000,000.00) for all damages arising out of injury to or destruction of property during the policy period. If any part of the work affecting railroad property or facilities is sublet, similar insurance shall be provided by or in behalf of the subcontractor(s) involved. B. CONTRACTOR'S PROTECTIVE PUBLIC LIABILITY AND PROPERTY DAMAGE LIABILITY INSURANCE. The Contractor shall furnish evidence to the Department that with respect to the operations performed for the Contractor by subcontractors, the Contractor carries in its own behalf Contractor's Protective Public Liability Insurance providing for a limit of not less than One Million Dollars ($1,000,000.00) for all damages arising out of bodily injuries to or death of one person and subject to that limit for each person a total limit of Two Million Dollars ($2,000,000.00) for all damages arising out of bodily injuries to or death of two or more persons in any one occurrence; and Contractor's Protective Property Damage Liability Insurance providing for a limit of not less than One Million Dollars ($1,000,000.00) for all damages arising out of injury to or destruction of property in any one occurrence, and subject to that limit per occurrence, a total (or aggregate) limit of Two Million Dollars ($2,000,000.00) for all damages arising out of injury to or destruction of property during the policy period. C. RAILROAD'S PROTECTIVE LIABILITY AND PROPERTY DAMAGE INSURANCE. In addition to the above, the Contractor shall furnish evidence to the Department that with respect to the operations the Contractor or any of its subcontractors perform, the Contractor has provided for and in behalf of the Railroad Company, and each Railroad Company when more than one is involved, Railroad Protective Public Liability and Property Damage Insurance providing for a combined single limit of Two Million Dollars ($2,000,000.00) per occurrence with an aggregate limit of six Million Dollars ($6,000,000.00) applying separately for each annual period for: 1. All damages arising out of bodily injuries to or death of one or more persons. 2. All damages arising out of injury to or destruction of property. D. GENERAL. Said policy or policies of insurance shall be deemed to comply with the requirements of this Special Provision if each of said policies contains a properly completed and executed "Railroad Protective Liability Form", reference copies of which are available from the Agreements Engineer of the Colorado Department of Transportation, 4201 East Arkansas Avenue, Denver, Colorado 80222. Certificates of insurance required under A. and B. above, and policy or policies of Insurance required under C. above shall be furnished to the Department's Agreements Engineer for transmittal to the Railroad Company's Insurance Department. The insurance hereinbefore specified shall be carried until all work required to be performed under the terms of the Contract is satisfactorily completed as evidenced by the formal acceptance of the Department. The Railroad Company shall be furnished with the original of each policy carried in its behalf. July21, 1999 1 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Attached is Form FHWA 1273 titled Required Contract Provisions Federal -Aid Construction Contracts. As described in Section I. General, the provisions of Form FHWA 1273 apply to all work performed under the Contract and are to be included in all subcontracts. July21, 1999 RQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS FHWA-1273 Electronic version — March W IM REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 6. Selection of Labor: During the performance of this con - Page tract, the contractor shall not: I. General.........................................................1 II. Nondiscrimination............................................1 III. Nonsegrated Facilities......................................3 IV. Payment of Predetermined Minimum Wage .......... 3 V. Statements and Payrolls...................................6 VI. Record of Materials, Supplies, and Labor.............6 VII. Genera ISubletting or Assigning the Contract ......... 7 Vill. Safety: Accident Prevention...............................7 IX. False Statements Concerning Highway Projects. ..7 X. Implementation of Clean Air Act and Federal Water Pollution Control Act................................8 XI. Certification Regarding Debarment, Suspension...... Ineligibility, and Voluntary Exclusion..................8 XII. Certification Regarding Use of Contract Funds for... Lobbying......................................................9 ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) I. GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superin- tendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontrac- tor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accor- dance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. a. discriminate against labor from any other State, posses- sion, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. It. NONDISCRIMINATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60.4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et sm.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obliga- tions and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, 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 July 21, 1999 3 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS less often than once every six months, at which time the contract- or'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 minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employ- ees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contrac- tor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargain- ing agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contrac- tor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agree- ment providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such imple- mentation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimina- tion may affect persons other than the complainant, such correc- tive action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., appren- ticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance require- ments for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for member- ship in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, July21, 1999 4 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement provid- ing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. C. The contractor will use his best efforts to ensure subcon- tractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by autho- rized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1) The number of minority and non -minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportuni- ties for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. If on -the - job training is being required by special provision, the contractor will be required to collect and report training data. III. NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agree- ment or purchase order, as appropriate, the bidder, Federal -aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the tern "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provi- sions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs Incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, July21, 1999 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. C. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorpo- rated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classifi- cation requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the addition- al classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Stan- dards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. d. In the event the contractor or subcontractors, as appro- priate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommenda- tion of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized represen- tative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary e. The wage rate (including fringe benefits where appropri- ate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secre- tary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to journeyman - level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any appren- tice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (ex- pressed in percentages of the journeyman -level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the joumeyman-level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the July 21, 1999 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an accept- able program is approved. b. Trainees: (1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employ- ment and Training Administration. (2) The ratio of trainees to journeyman -level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not regis- tered and participating in a training plan approved by the Employ- ment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classifica- tion of work actually performed. In addition, any trainee perform- ing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman -level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. (4) In the event the Employment and Training Adminis- tration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved defini- tion, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually per- formed. 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal - aid highway construction programs are not subject to the require- ments 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 apprentic- es and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements which Is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, em- ployed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one -and -one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): May 26, 2005 2 REVISION OF SECTION 105 CONFORMITY WITH PLANS AND SPECIFICATIONS several test values is below the mid point of the specification band or below the job -mix formula value. (c) When the lot is represented by fewer than three tests, the materials will be evaluated for price reduction by the following procedure: Lots represented by two tests will be divided into two separate lots represented by one test each, as determined by the Engineer. Each lot which deviates from the specifications will be price reduced by one of the following formulae. When a maximum limit only is specified or the test value is above the maximum specified limit, the formula P = 0.76. (To-Tu)F will be used. When a minimum limit only is specified or the test value is below the minimum specified limit, the formula P = 0.76(TL-To)F will be used. When a lot is represented by one test only, the materials will be evaluated for price reduction as described in this paragraph. Where: "P" is the percent of reduction in contract price, "Xn" is the average of the several test values from samples taken from the lot, with "n" indicating the number of values, ,,all is a variable factor to be used in "n" changes according to the following: when n is 3, a = 0.45; n is 4, a = 0.38; n is 5, a = 0.33; n is 6, a = 0.30; and n is 7, a = 0.28. "R" is the difference between the highest and lowest values in the group of several test results from the lot, "Tu" is the upper or maximum tolerance limit permitted by the specifications, "TL" is the lower or minimum tolerance limit permitted by the specifications, and "TO" is the test value of the test which deviates from the specifications, "F" is price reduction factor to be applied for each element as shown in the following table: TABLE OF PRICE REDUCTION FACTORS Element............................................................................................................................Factor „F.. 100 percent size sieve..................................................................................................................... 1 12.5 mm (1/2") sieve and larger....................................................................................................... 1 150 ,um (No. 100) sieve to 9.5 mm (3/8") sieve inclusive (except 100 percent size sieve)........................................................................................ 3 75 µm (No. 200) sieve..................................................................................................................... 6 75 um (No. 200) sieve (cover coat material)................................................................................. 25 Compaction, bituminous mixtures (Sections 301 and 403)............................................................. 7 LiquidLimit.......................................................................................................................................3 PlasticityIndex............................................................................................................................... 10 Asphalt content, (all asphalt- aggregate mixtures)........................................................................ 20 Asphaltpenetration..........................................................................................................................1 Asphaltresidue................................................................................................................................ 3 Portland Cement Concrete Pavement Fine Aggregate Sand Equivalent.....................................0.3 Hydrated Lime Gradation.............................................................................................. 0.3 Toughness, inch -pounds, minimum................................................................................ 0.8 Tenacity, inch -pounds, minimum.................................................................................... 0.8 Elastic Recovery, 250C, percent minimum..................................................................... 1.25 Ductility, 40C (5cm/min) cm, minimum........................................................................... 1.25 Emulsified Asphalt Viscosity........................................................................................................ 0.5 EmulsifiedAsphalt Float............................................................................................................ 0.05 Emulsified Asphalt % Residue...................................................................................................... 3.0 July 21, 1999 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1, Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commit- ment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, para- graphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submis- sion of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcon- tractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the follow- ing: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equiva- lent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a property executed certifica- tion set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. I. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspec- tion, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such repre- sentatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. c. Fumish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1b relative to materials and supplies, a final labor summary of all contract work indicating the total tours worked and the total amount earned. 2. At the prime contractors option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with Its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing July 21, 1999 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. Vlll. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construc- tion safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction In conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepre- sentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false represen- tation, 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 fa/se repre- sentation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 21, 1916, (39 Stat. 355), as amended and supple- mented; Shall be fined not more that $10,000 or imprisoned not more than 5 years or both." X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 at seg., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 at seg., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. July 21, 1999 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3, That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such require- ments. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION tions: Instructions for Certification - Primary Covered Transac- (Applicable to all Federal -aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disquali- fy such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immedi- ate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary partici- pant leams that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspend- ed," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certifi- cation Regarding Debarment, Suspension, Ineligibility and Volun- tary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or volun- tarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocure- ment List) which is compiled by the General Services Administra- tion. I. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1b of this certification; and d. Have not within a 3-year period preceding this applica- tion/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 10 July 21, 1999 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 2. Instructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circum- stances. d. The terms "covered transaction," "debarred," "suspend- ed," "ineligible," "primary covered transaction," "participant" "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submit- ting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or volun- tarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowl edge 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 a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospec- tive participant shall attach an explanation to this proposal. XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submit- ting 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 attempt- ing to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $1D0,000 and that all such recipients shall certify and disclose accordingly. January 17, 2003 -1- SPECIAL NOTICE TO CONTRACTORS 1. SCOPE 1.1 It is the intent of this chapter to provide guidelines to the Contractor or Sub - Contractor, so that they can properly present their materials for inclusion at the construction project. 1.2 The Contractor shall follow the procedures listed below to ensure the proper inspection, sampling, testing and certification of materials and products incorporated into all construction projects. 1.3 The words "Prequalification of Bidders" (102.01 Standard Specifications) has occasionally been confused with "Prequalification of Manufacturers / Supplier" or with "Pre -Approval of Products or Materials". These terms are not interchangeable. 1.4 Two information sources that can provide assistance and clarification are: Business Center - Project Bidding (http://www.dot.state.co.us/BusinessCenter/ Bidding/) and Design Support — Manuals (http://www.dot.state.co.us/DevelopProjects/ DesignSupportl). 2. PROVIDE NOTIFICATION OF MATERIALS SOURCES AND SUPPLIERS. 2.1 In accordance with subsection 106.01 of the Standard Specifications: The Contractor shall submit a list of material sources and suppliers to the Engineer. The list shall include company name and address, item to be supplied, and contact person where material can be inspected. 3. DESIGN/BUILD PROJECTS - MATERIALS DOCUMENTATION RECORD, CDOT FORM #250 3.1 Two weeks before construction of any element of work, the Contractor shall furnish the Engineer a schedule of items and approximate quantities to be incorporated into the project. This information is to include the item of work with location and dates. The Contractor shall immediately notify the Engineer, in writing, if the items of work or quantities are revised. 3.2 At the completion of the project, the Contractor shall furnish the Engineer with a completed CDOT Form #250 - Materials Documentation Record listing items utilized to construct the project and the approximate quantity of each item. 4. BUY AMERICA REQUIREMENTS. 4.1 In accordance with Subsection 106.08 of the Standard Specifications and as referenced in 23 CFR 635.410: A. All manufacturing processes, including the application of a coating, for all steel products and all iron products permanently incorporated in the work shall have occurred in the United States of America. B. The Contractor shall provide a certification by each supplier, distributor, fabricator, and manufacturer that has handled the steel or iron product, including the application of coating. C. These certifications shall create a chain of custody, and the lack of these certifications will be justification for rejection of the steel or iron product. D. Upon completion of the project, the Contractor shall certify in writing their compliance with this requirement. (An example of what is required on a Certificate of Contractor's Compliance to Buy America is on page 9 of this chapter. An original signature is required on the Certificate for the Project Files. January 17, 2003 -2- SPECIAL NOTICE TO CONTRACTORS 5. DESIGNATED PRODUCTS AND ASSEMBLIES. 5.1 The majority of materials submitted for inclusion on CDOT projects will fall within one of four levels of product acceptance for the their sampling and testing. CDOT always retains the right through its Quality Assurance (QA) Program to obtain samples for additional testing and require supplemental documentation. 5.2 If the material or product is not referenced within the four levels of product acceptance then the materials or products must be fabricated or supplied in accordance with the requirements of the applicable Colorado Department of Transportation specifications, plans, and standards. Examples of materials and products not found in the following four levels are Aggregate Base Course, Hot Bituminous Pavement, and Concrete. A. PRE -INSPECTED: Pre -Inspection is when representatives from the Colorado Department of Transportation visit a manufacturer's facility to perform an initial review of the company's quality control plan and employee certifications, as well as subsequent inspection visitations during the manufacturing of the product. Inspection arrangements should be made by contacting the CDOT Staff Bridge Fabrication Inspectors at (303) 757-9192 a minimum of 10 days prior to the beginning of fabrication. Failure to give notification may result in delays to the project and/or rejection of materials or products. Note 1: Bearing Devices and Expansion Devices are inspected randomly at the discretion of the Bridge Design and Management Branch. Products needing Pre -Inspection: Bearing Devices (Type III) - Bridge Expansion Device - Bridge (0-6", through, 0-24") Prestressed Concrete Units - Bridge" Structural Steel - Bridge B. CERTIFIED TEST REPORT (CTR): The Certified Test Report level of acceptance is when a manufacturer is required to submit actual test results performed on the material being provided. A CTR shall contain the actual results of tests for the chemical analysis, heat treatment, and/or mechanical properties of the drawing and/or specification. The contract will designate products and assemblies that can be incorporated in the work, if accompanied by Certified Test Reports. The word preceding the Test Report may vary between different industries, such as Certified, Mill, Metallurgical, Laboratory. In accordance with Subsection 106.10 of the Standard Specifications and the requirements of this document, the report shall include: 1) The Department's project number 2) Manufacturer's name 3) Address of manufacturing facility 4) Laboratory name & address 5) Name of product or assembly 6) Complete description of the material 7) Model, catalog, stock no. (if applicable) 8) Lot, heat, or batch number identifying the material delivered 9) Date(s) of the laboratory testing 10) All test results are required to verify that the material furnished conforms to all applicable Department specifications. Test results shall be from tests conducted on samples taken from the same lot, heat, or batch. The Certified Test Reports must be an original document, not a facsimile, with an original signature (including corporate title) by a person having legal authority to act for the manufacturer or the independent testing laboratory. It shall state that the test results show that the product or assembly to be incorporated into the project has been sampled and tested, and the samples have passed all specified tests. One copy of the Certified Test Report shall be furnished to the Engineer at the time of material delivery. Failure to comply may result in delays to the project and/or rejection of the materials. Products or assemblies furnished on the basis of CTRs may be sampled and tested by the Department. If it is determined that the material does not meet the applicable specifications, the material may be January 17, 2003 -3- SPECIAL NOTICE TO CONTRACTORS rejected or may be accepted according to Subsection 105.03 of the Standard Specifications. (An example of what is required on a Certified Test Report is on page 10 of this chapter.) Below is a partial list of products or categories that require a Certified Test Report: Bearing Devices (Type III) - Bridge" Cribbing Mechanical Fasteners (Field)" Glass Beads (for pavement marking) Overhead Sign Structures A Top Soil Traffic Signal Structures A Pavement Marking Paint Epoxy Pavement Marking Material C. CERTIFICATE OF COMPLIANCE (COC): original document, not a facsimile, with an original signature (including corporate title) by a person having legal authority to act for the manufacturer. It shall state that the product or assembly to be incorporated into the project has been sampled and tested, and the samples have passed all specified tests. One copy of the Certificate of Compliance shall be furnished to the Engineer at the time of material delivery. Failure to comply may result in delays to the project and/or rejection of the materials. Products or assemblies furnished on the basis of COCs may be sampled and tested by the Department. If it is determined that the material does not meet the applicable specifications, the material may be rejected or may be accepted according to Subsection 105.03 of the Standard Specifications. (An example of what is required on a Certificate of Compliance is on page 11 of this chapter.) The Certificate of Compliance level of acceptance is when a manufacturer is required Below is a partial list of products or categories to submit a document certifying that the material that require a Certificate of Compliance: being provided meets all required Department specifications. A COC shall contain a reference Note 2: If the Plans do not specifically reference to the actual tests for the chemical analysis, heat a Certified Test Report (Mill Test Report) and the treatment, and/or mechanical properties of the product category is not depicted on the Approved drawing and/or specification. The contract will Products List within the Pre -Approved level of designate products and assemblies that can be acceptance, then a COC will be required. incorporated in the work, if accompanied by Certificates of Compliance. Bearing Devices (Type I, II, IV and V A6) Bridge Deck Forms, Permanent Steel A In accordance with Subsection 106.09 of the Bridge Rail, Steel A Standard Specifications and the requirements of Concrete Box Culverts, Precast this document, the certificate shall include: Dampproofing, Asphalt Dust Palliative - Asphaltic - Magnesium 1) The Department's project number Chloride 2) Manufacturer's name Emulsified Asphalt for Tack Coat 3) Address of manufacturing facility Erosion Bales o 4) Laboratory name & address Expansion Joint Material, Preformed 5) Name of product or assembly Filler 6) Complete description of the material Flumes (all types) 7) Model, catalog, stock no. (if applicable) Gabions and Slope Mattress 8) Lot, heat, or batch number identifying Gaskets the material delivered Guard Rail - End Anchors 9) Date(s) of the laboratory testing Guard Rail Metal A 10) Listing of all applicable specifications Guard Rail Posts - Metal A required by the Department for this Guard Rail - Precast particular product or assembly.. Guard Rail Posts - Timber Blocks and Certificates shall reference the actual Posts A tests conducted on samples taken from Hay the same lot, heat, or batch. Headgates Inlets, Grates and Frames (Prefab) The Certificate of Compliance must be an Interior Insulation January 17, 2003 -4- SPECIAL NOTICE TO CONTRACTORS Lighting Light Standards, High Mast Light Standards, Metal Luminaires (Inclusive) Manholes, Rings and Covers (Prefab) MC-70 - Prime Coat (Liquid Asphalt) MSE Wall - Elements°'' Pedestrian Bridge" Piling " Pipes - all material compositions Rest Area Materials Seed c Sign Panels Sprinkler System(s) Steel Sign Posts Structural Plate Structures A Structural Steel Galvanized" Steel Sheet Piling" Straw o Treated Timber Wood Cellulose Mulch D. PRE -APPROVED: The Pre -Approved level of acceptance is when a manufacturer is required to submit all relevant documentation on their product in advance of any specific project. A primary requirement to be considered for the Approved Products List (APL) is that the material retains a very high level of uniformity and consistency in its production quality. The submittal of Certified Test Reports, Certificates of Compliance, product literature, etc., as well as product samples for evaluation combine all previous levels of acceptance into one. In accordance with CDOT's Procedural Directive 3.1, a manufacturer's product is evaluated within CDOT to determine its acceptability on CDOT construction projects, as defined by CDOT specifications, plans and standards. For additional information on the APL or the web site contact the Product Evaluation Coordinator within the Central Laboratory at 303-757-9421. Note 3: Web Site Address, Internal to CDOT: http://internal/infoexchg/organizations.htm Web Site Address, External to CDOT: http://www.dot.state.co.us/APU Note 4: " A Mill Test Report shall be included. B A Certified Test Report(s) on components must accompany the material or product. c A Certified Test Report shall be included. The Contractor may obtain a current list of Weed Free Forage Crop Producers by contacting the Colorado Department of Agriculture at (303) 239-4149. DISCLAIMER: The Colorado Department of Transportation (CDOT) does not have the obligation to use any of the products listed in the Approved Products List (APL). The APL simply documents that the listed products have been tested, evaluated, and/or examined under CDOT standards, and were found to be acceptable to be used in CDOT projects. The product shall be removed from the APL if Product Performance comments indicate field performance that is unacceptable to CDOT quality standards or if the product varies from the data as originally submitted. Additional disclaimer information can be found within the APL web site. .. .«m.w�we. , ... .. a.msa�nMwr�n,am..w�.r-�, May 26, 2005 3 REVISION OF SECTION 105 CONFORMITY WITH PLANS AND SPECIFICATIONS EmulsifiedAsphalt Ductility......................................................................................................... 2.0 Emulsified Asphalt Penetration..................................................................................................... 1.0 Emulsified Asphalt Elastic Recovery ........................................................................................... 1.0 If P is less than 3, or a negative quantity, the material will be accepted as being in conformity. In cases where one or more elements show a positive P value, such positive values will be added and the resulting sum will be used to determine whether the material is in conformity. If the total P value is between 3 and 25, the Engineer may require correction or may accept the material at a reduced price. If P is greater than 25, the Engineer may: (1) require complete removal and replacement with specification material at no additional cost to the Department; (2) require corrective action to bring the material into conformity at no additional cost to the Department; or (3) where the finished product is found to be capable of performing the intended purpose and the value of the finished product is not affected, permit the Contractor to leave the material in place with an appropriate price reduction to be based on engineering evaluation but not to be less than that which would have occurred had a reduction been made where P = 25. If the P for aggregate gradation for Items 206 or 304 is 3 or greater the reduction will apply to the contract price multiplied by the Multipliers (M) listed in the following table. Multiplier for Price Reductions for Miscellaneous Items Item Number -Name Element Multi tier M 206- Structural Backfill Gradation 0.60 304-Aggregate Base Course Gradation 0.60 If the P for gradation, asphalt cement content, or compaction for Items 301 or 403 is 3 or greater and asphalt cement is not paid for separately, the reduction will apply to the contract price multiplied by the following Multiplier (M) listed in the following table: Multiplier for HBP Price Reductions Where Asphalt Cement is not Paid for Separately Item Number -Name Element Multiplier M 301-Plant Mixed Bituminous Base Gradation, Asphalt Cement Content, or Compaction 0.60 403-Stone Matrix Asphalt 0.60 403-Hot Bituminous Pavement* Hydrated Lime Gradation 0.60 IV 17 VOWU Jul liyuidmu unite span ue appuea io the price of the HbH item. Lime gradation P values will not be combined with Pay Factors for other elements The following equation shows how the Multiplier is used to determine the price reduction. Price reduction = (Pl100) X Multiplier X Price per Unit X Quantity. If no multiplier is listed no adjustment to the computed P is required. This is equivalent to a multiplier of one. Price reduction for those elements which are not included in the Table of Price Reduction Factors will be determined by the Engineer. May 26, 2005 4 REVISION OF SECTION 105 CONFORMITY WITH PLANS AND SPECIFICATIONS Superpave Performance Graded Binders. Superpave Performance Graded binders shall be price reduced according to the following if the requirements of subsection 702.01 are not met: (1) High Service Temperature Requirements from Table 702-3 The Dynamic Shear (G*/sing, kPa) of Rolling Thin Film Oven (RTFO) residue will be measured at the appropriate temperature for the binder type, as specified in Table 702-3. If the Dynamic Shear of the RTFO aged binder is less than 2.20 kPA , the temperature at which G*/sing = 2.20 kPa will be determined. A ❑P❑ of 3 shall be applied for each degree C the material temperature must be lowered below the specified temperature to achieve a Dynamic shear of 2.20 kPa. Price adjustments for high service temperature properties will be calculated as follows: P(high)= 3 • [T,w - TDs] Where TDs = Temperature in °C where G*/sin = 2.20 kPa Tspec= Appropriate test temperature in °C for binder specified from Table 702-2 (2) Low Service Temperature Requirements from Table 702-2: The m-value of Pressure Aging Vessel (PAV) aged binder will be measured at the appropriate temperature (Tspec) as specified in Table 702-2. If the m-value is less than 0.300, the test temperature at which the m- value = 0.300 will be determined. A"P" of 3 shall be applied for each degree C the material temperature must be raised above the specified test temperature to achieve an m-value of 0.300. Price adjustments for low service temperature properties will be calculated as follows: P(low) = 3 • [Tm - Tspe j Where Tm = Temperature in °C where m-value = 0.300 TspeC= Appropriate test temperature in °C for binder specified from Table 702-2 (3) The price reductions will be cumulative. When the binder is included in the contract unit price for HBP, the total price reduction will be calculated as follows: P(total) = P(low)+P(high) Amount of Reduction = [P(total)] • [(1/100) • (Invoice price for PG Binder)] When binder is paid for separately, the total price reduction will be calculated as follows: P(total) = P(low)+P(high) Amount of Reduction = [P(total)] • [(1/100) • (Contract Unit price for PG Binder)] (4) Price reductions based on the "F" factors in the Table of Price Reduction Factors will be added to the P (low) and P (high) price reductions described in 105.03. Other binder requirements listed in Table 702-2 will be tested, but will not be considered for price reduction calculations. However, the Contractor shall not be allowed to continue to produce mix with out of specification Superpave PG asphalt binder. if two consecutive samples fail to meet all requirements listed in 702-2, the Contractor shall take corrective action before being allowed to continue production of Hot Bituminous Pavement. If proper corrective measures cannot be readily May 26, 2005 5 REVISION OF SECTION 105 CONFORMITY WITH PLANS AND SPECIFICATIONS determined, the Engineer will suspend the use of such material until the Engineer can determine from Laboratory tests that the Contractor can provide material that is in compliance with Table 702-2. The Contractor will not have the option of accepting a price reduction in lieu of producing specification material. Continued production of non -specification material will not be permitted. Material which is obviously defective may be isolated and rejected without regard to sampling sequence or location within a lot. July 21, 1999 REVISION OF SECTION 105 VIOLATION OF WORKING TIME LIMITATION Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.03 shall include the following: If there is a violation of the working time limitations for traffic control as set forth in the special provisions, a written notice to stop work will be imposed on the Contractor at the start of the next working day. Work shall not resume until the Contractor assures the Engineer, in writing, that there will not be a reoccurrence of the working time violation. If more violations take place, the Engineer will notify the Contractor in writing that there will be a price reduction charge for each incident in accordance with this specification. This incident price reduction charge will be deducted from any money due the Contractor. This price reduction will not be considered a penalty but will be a price reduction for failure to perform traffic control in compliance with the Contract. An incident is any violation up to 30 minutes in duration. Each 30 minutes or increment thereof will be considered as an incident. A price reduction will be assessed for each successive or cumulative 30 minute period in violation of the working time limitations, as determined by the Engineer. The price reduction for each incident will increase at a progressive rate starting with $150 for the second incident and increasing to $1200 for the fifth and subsequent incidents in accordance with the following schedule. A 15 minute grace period will be allowed at the beginning of the second incident on the project before the price reduction is applied. This 15 minute grace period applies only to the second incident. The number of incident charges will be accumulative throughout the duration of the Contract. PRICE REDUCTION SCHEDULE INCIDENT INCIDENT RATE TOTAL PRICE REDUCTION 1st Notice to Stop Work ---- 2nd $150 $150 3`d 300 450 4th 600 1,050 5th 1,200 2,250 6th 1,200 3,450 Etc. 1,200 4,650 Etc. Etc. March 18, 2005 REVISION OF SECTIONS 105 AND 618 CONTRACTOR SUBMITTALS Sections 105 and 618 of the Standard Specifications are hereby revised for this project as follows: In subsection 105.02, delete Table 105-1 and replace with the following: TABLE 105-1 SUMMARY OF CONTRACTOR SUBMITTALS SECTION NO. DESCRIPTION TYPE CONTRACTOR P.E. SEAL REQUIRED? 504 MSE Walls (Contractor Alternative) Shop Drawing Yes 504 MSE Walls (Default Design) Shop Drawing No 508 Timber Structures Shop Drawing No 509 Steel Structures Shop Drawing No 512 Bearing Devices Type II Shop Drawing No 512 Bearing Devices Type III Shop Drawing Yes 514 Pedestrian and Bikeway Railing Working Drawing No 518 Expansion Devices: 0-100 mm (0-4") Working Drawing No 518 Expansion Devices: 0-150, 225, 300... mm (0-6", 9", 12 .. Shop Drawing Yes 601 & 618 Precast Panel Deck Forms Working Drawing No 601 Permanent Steel Bridge Deck Forms Working Drawing Yes 601 Falsework Working Drawing Yes 602 Reinforcing Steel Working Drawing No 606 1 Bridge Railing Working Drawing No 607 Sound Barriers (Alternative) Shop Drawing Yes 607 Sound Barriers (Default Design) Working Drawing No 613 Light Standards (Low Mast) Working Drawing Yes 613 Light Standards (High Mast) Working Drawing Yes 614 Overhead Sign Structures Shop Drawing Yes* 614 Traffic Signal Pole (Mast Arm) Shop Drawing No 614 Traffic Signal Pedestal Pole Working Drawing No 614 Traffic Signal Equipment Working Drawing No 614 Variable Message Signs (Cabinet and tilting bracket) Working Drawing Yes 618 Prestressed Concrete (Pre -tensioned) Shop Drawing Yes* 618 Prestressed Concrete (Post -tensioned) Shop Drawing Yes* 618 Steel Diaphragms between Prestressed Girders Working Drawing No 628 Pre -fabricated Pedestrian Bridges Shop Drawing Yes *A PE seal is required where the Contractor has provided the design for the item, or performed engineering to modify the details shown on the plans. The PE seal is not required where complete details are provided on the plans. Subsection 618.04 (a) shall include the following: Minor changes to design details or engineering drawings that do not represent a significant change to the original design will not require a Professional Engineer seal. The Contractor shall submit supporting calculations for these changes along with the shop drawings. March 18, 2005 REVISION OF SECTION 106 CERTIFICATES OF COMPLIANCE AND CERTIFIED TEST REPORT Section 106 of the Standard Specifications is hereby revised for this project as follows: In subsection 106.09 delete the list following the first paragraph and replace with the following: (1) The Department's project number (2) Manufacturer's name (3) Address of manufacturing facility (4) Laboratory name and address (5) Name of product or assembly (6) Complete description of the material (7) Model, catalog, stock number (if applicable) (8) Lot, heat, or batch number identifying the material delivered (9) Date(s) of the laboratory testing (10)Listing of all applicable specifications required by the Department for this particular product or assembly. Certificates shall reference the actual tests conducted on samples taken from the same lot, heat, or batch, and shall include a statement that the product or assembly to be incorporated into the project was fabricated in accordance with and meets the applicable specifications. (11)The following certification, signed by a person having legal authority to act for the Contractor: I hereby certify under penalty of perjury that the represents (quantity) of pay item installation on project number Contractor Subsection 106.09 shall include the following: Date material listed in this Certificate of Compliance (pay item number and Description) for The Certificate of Compliance shall be an original document, not a facsimile, with an original signature (including corporate title) by a person having legal authority to act for the manufacturer. It shall state that the product or assembly to be incorporated into the project has been sampled and tested, and the samples have passed all specified tests. One copy of the Certificate of Compliance shall be furnished to the Engineer at the time of material delivery. Failure to comply may result in delays to the project or rejection of the materials. In subsection 106.10 delete the list following the first paragraph and replace with the following: (1) The Department's project number (2) Manufacturer's name (3) Address of manufacturing facility (4) Laboratory name and address (5) Name of product or assembly (6) Complete description of the material (7) Model, catalog, stock number (if applicable) (8) Lot, heat, or batch number identifying the material delivered (9) Date(s) of the laboratory testing (10)AII test results are required to verify that the material furnished conforms to all applicable Department specifications. Test results shall be from tests conducted on samples taken from the same lot, heat, or batch. (11)The following certification, signed by a person having legal authority to act for the Contractor: March 18, 2005 2 REVISION OF SECTION 106 CERTIFICATES OF COMPLIANCE AND CERTIFIED TEST REPORT I hereby certify under penalty of perjury that the material listed in this Certified Test Report represents (quantity) of pay item (pay item number and Description) for installation on project number Contractor Date Subsection 106.10 shall include the following: The Certified Test Report shall be an original document, not a facsimile, with an original signature (including corporate title) by a person having legal authority to act for the manufacturer or the independent testing laboratory. It shall state that the test results show that the product or assembly to be incorporated into the project has been sampled and tested, and the samples have passed all specified tests. One copy of the Certified Test Report shall be furnished to the Engineer at the time of material delivery. Failure to comply may result in delays to the project or rejection of the materials. October 4, 2001 REVISION OF SECTIONS 106 AND 620 QUALIFICATION OF TESTING PERSONNEL AND LABORATORIES Sections 106 and 620 of the Standard Specifications are hereby revised for this project as follows: Add subsection 106.031, immediately following subsection 106.03, as follows: 106.031 Qualification of Testing Personnel and Laboratories. Personnel performing tests used in mix design or the acceptance / rejection / price adjustment decision, and the laboratories in which those tests are performed, shall be qualified in accordance with Colorado Procedure 10. Subsections 620.03 and 620.04 shall include the following: Each laboratory shall be qualified in accordance with Colorado Procedure 10. November 5, 1999 REVISION OF SECTIONS 101 AND 105 DUTIES OF THE ENGINEER Sections 101 and 105 of the Standard Specifications are hereby revised for this project as follows: Delete subsection 101.47 and replace with the following: 101.47 Project Engineer. The Chief Engineer's duly authorized representative who may be a CDOT employee or an employee of a consulting engineer (consultant) under contract to CDOT as defined below: (a) CDOT Project Engineer. The CDOT employee, assigned by the Resident Engineer, who is the Chief Engineer's duly authorized representative. The CDOT Project Engineer is in direct charge of the work and is responsible for the administration and satisfactory completion of the project under contract. (b) Consultant Project Engineer. The consultant employee under the responsible charge of the consultant's Professional Engineer who is in direct charge of the work and is responsible for the administration and satisfactory completion of the project. The Consultant Project Engineer's duties are delegated by the CDOT Resident Engineer in accordance with the scope of work in the consultant's contract with CDOT. The Consultant Project Engineer is not authorized to sign or approve Contract Modification Orders. Add Subsection 101.85 as follows: 101.85 CDOT Resident Engineer. The Resident Engineer is directly responsible for the overall administration of assigned construction projects. Unless the CDOT Project Engineer is a Professional Engineer, the Resident Engineer is CDOT's full time engineer in responsible charge of the project. The Resident Engineer will delegate authority to Project Engineers consistent with their experience and abilities. Only a CDOT Resident Engineer can approve and sign vouchers for interim and final Contractor pay estimates. Only a CDOT Resident Engineer can authorize and sign changes to the Contract if the Project Engineer is a Consultant Employee. Delete subsection 105.09 and replace with the following: 105.09 Authority and Duties of the Project Engineer. The Project Engineer has immediate charge of the administration and engineering details of each construction project. The Project Engineer has the authority to exercise all duties and responsibilities of the Engineer contained in the Contract, except those specifically retained by the Chief Engineer. The CDOT Project Engineer and the CDOT Resident Engineer are the only representatives of the Chief Engineer authorized to sign Contract Modification Orders. The Project Engineer is responsible for initial decisions relating to Contractor claims for additional compensation or extension of contract time filed pursuant to subsection 105.17. May 26, 2005 -I- REVISION OF SECTION 107 PROJECT SAFETY PLANNING Section 107 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 107.06 and replace with the following: 107.06. Safety, Health, and Sanitation Provisions. (a) Contractor Responsibilities. The Contractor shall ensure compliance with applicable Federal, State, and local laws, rules, regulations, and guidelines governing safety, health and sanitation, including but not limited to the Project Safety Management Plan (Plan) described below, the Occupational Safety and Health Act, 29 CFR 1910, 29 CFR 1926, Mine Safety and Health Administration (MSHA), Title 30 CFR, the "Colorado Work Zone Best Practices Safety Guide", national consensus standards, and the Drug -Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 et seq.). The Contractor shall provide all safeguards, safety devices, and protective equipment, and shall take all other actions necessary to protect the life, safety and health of persons working at or visiting the project site, and of the public and property in connection with the performance of the work covered by the Contract. In the case of conflicting requirements, the more stringent of the requirements shall apply. The Contractor shall require that all operations and work practices by Contractor, subcontractors, suppliers, and Department personnel comply with the provisions of the Plan. (b) Safety Officer. Prior to the start of construction, the Contractor shall designate a Safety Officer and an alternate, who shall be responsible for the coordination of safety activities, and preparation and implementation of the Plan. (c) Competent Persons. Prior to the start of construction, the Contractor shall designate at least one competent person for each of the construction activities being completed. Construction activities and safety considerations that must be addressed shall include, but are not limited to: lead abatement, hearing protection, respiratory protection, rigging, assured grounding, scaffolding, fall protection, cranes, trenching and excavating, steel erection, underground construction (including caissons and cofferdams), demolition, blasting and the use of explosives, stairways and ladders, asbestos, and confined space. The appropriate competent persons shall be present on the project site at all times during construction activities. A competent person is an individual who, by way of training, experience, or combination thereof, is knowledgeable of applicable standards, is capable of identifying existing and predictable workplace hazards relating to a specific construction activity, is designated by the employer, and has authority to take appropriate actions. (d) Project Safety Management Plan. Prior to the start of construction, the Contractor shall prepare a written Project Safety Management Plan (Plan) which shall be specific to the project. The Plan shall include: (1) Designation of a Safety Officer and an alternate, and competent persons for each construction activity as described above. (2) A list of all significant and/or high -risk construction activities and safety considerations as described above, and a hazard assessment for each. (3) Direction as to whether engineering, administrative, personal protection measures, training, or a combination thereof, shall be implemented to address the hazards identified in (2) above. (4) Provisions for field safety meetings. The Contractor shalt conduct field safety meetings at the frequency specified in the Plan, once per week at a minimum. The Contractor shall encourage participation by all persons working at the project site. Participants at these meetings shall discuss specific construction activities for that work period, results from safety inspections, required personal protective equipment, and all other necessary safety precautions. (5) Provisions for project safety meetings. The Contractor shall conduct project safety meetings to discuss accidents, incidents, safety goals, near misses, and results of safety inspections. The Contractor shall notify the Engineer of the time, date, and location of these meetings, shall require participation by all persons (including Department personnel) working at the project site, and shall track attendance through sign-up lists. (6) Procedures for assuring compliance by subcontractors, suppliers, and authorized visitors to the project. In addition, the Plan shall specify the measures that will be taken to discourage unauthorized personnel from entering the site. May 26, 2005 -2- REVISION OF SECTION 107 PROJECT SAFETY PLANNING (7) Procedures to be followed in cases where workers are suspected of drug or alcohol impairment. (8) Provisions for project safety inspections. The Contractor shall conduct regular project safety inspections at the frequency specified in the Plan, once per month at a minimum. The Contractor shall maintain documentation on the project site, including the date of these inspections, the findings, and the corrective measures taken to address the findings. (9) Procedures to be followed to correct violations of the Plan by any personnel. (10) The notification, investigation, and implementation procedures that the Contractor shall follow in the case of a safety stand down. (11) The Contractor's certification as follows: By authorized signature below, (Contractor name), hereinafter referred to as 'the Contractor', hereby certifies that this Project Safety Management Plan (Plan) complies with and meets applicable Federal, State, and local laws, rules, regulations and guidelines governing safety, health and sanitation, including but not limited to the Occupational Safety and Health Act, 29 CFR 1910, 29 CFR 1926, Mine Safety and Health Administration (MSHA), Title 30 CFR, the "Colorado Work Zone Best Practices Safety Guide", national consensus standards, and the Drug -Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 et seq.). All operations and work practices of the Contractor will comply with this Plan. The Contractor requires that all subcontractors, suppliers and Department personnel comply with this Plan. (Signature of Contractor's Safety Officer or alternate) Title Date The Contractor shall submit the Plan to the Engineer for the project records, and shall provide updates to the Plan as necessary. An up-to-date copy of the Plan shall be on the project site in the Contractor's possession at all times. (e) Project Safety & Health Requirements. All personnel on the project site shall wear the following personal protective equipment (PPE) at all times when in the State Highway Right of Way, except when in their vehicles: (1) Head protection and high visibility apparel, reflectorized for night use, and footwear, all of which shall comply with the latest appropriate national consensus standards. (2) All other PPE that is stipulated by the Plan. All PPE shall comply with the latest appropriate national consensus standards. (f) Safety Stand -Down. The Engineer may immediately suspend all or part of any work in the case of an accident (including property damage), or catastrophe (three or more persons hospitalized in a single incident), or other situation presenting an imminent danger to life or health, such as a near miss, violation of the Plan, and/or presence of a hazardous situation. In the case of a worksite fatality directly related to the Contractor's or any subcontractor's work operations, the safety stand -down shall be mandatory. In the case of a traffic fatality unrelated to a work -zone incident in the opinion of the Engineer, the safety stand -down will not be mandatory. During any mandatory safety stand -down due to a fatality, all work on the project shall cease, except that work deemed necessary by the Engineer to immediately correct unsafe conditions. The Contractor shall be allowed to resume operations only after providing documentation, certified by the Safety Officer or alternate, regarding the corrective actions taken to prevent recurrence. The Contractor may be granted a non- compensable, excusable delay, up to three days, for the period of time during which no work was pursued due to each safety stand -down. May 26, 2005 -3- REVISION OF SECTION 107 PROJECT SAFETY PLANNING (g) Regulatory Enforcement Actions. The Contractor shall provide written notifications of all Regulatory agency actions relating to safety to the Engineer. All costs associated with the preparation and implementation of the Plan, and complying with all safety, health, and sanitation provisions and requirements will not be measured and paid for separately, but shall be included in the work. May 26, 2005 -1- REVISION OF SECTION 107 RESPONSIBILITY FOR DAMAGE CLAIMS, INSURANCE TYPES AND COVERAGE LIMITS Section 107 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 107.15 and replace with the following: 107.15 Responsibility for Damage Claims, Insurance Types and Coverage Limits. The Contractor shall indemnify and save harmless the Department, its officers, and employees, from suits, actions, or claims of any type or character brought because of any and all injuries or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or failure to comply with the provisions of the Contract; or on account of or in consequence of neglect of the Contractor in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of the Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright, unless the design, device, material or process involved is specifically required by the Contract; or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. The Department may retain as much of any moneys due the Contractor under any Contract as may be determined by the Department to be in the public interest. (a) The Contractor shall obtain, and maintain at all times during the term of this Contract, insurance in the following kinds and amounts: (1) Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of Contractor's employees acting within the course and scope of their employment. (2) Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: (i) $1,000,000 each occurrence; (ii) $2,000,000 general aggregate; (iii) $2,000,000 products and completed operations aggregate; and (iv) $50,000 any one fire. (v) Completed Operations coverage shall be provided for a minimum period of one year following final acceptance of work. If any aggregate limit is reduced below $1,000,000 because of claims made or paid, the Contractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish to CDOT a certificate or other document satisfactory to CDOT showing compliance with this provision. (3) Automobile Liability Insurance covering any auto (including owned, hired and non -owned autos) with a minimum limit as follows: $1,000,000 each accident combined single limit. (4) Professional liability insurance with minimum limits of liability of not less than $1,000,000 Each Claim and $1,000,000 Annual Aggregate for both the Contractor or any subcontractors when: (i) Contract items 625, 629, or both are included in the Contract (ii) Plans, specifications, and submittals are required to be signed and sealed by the Contractor's Professional Engineer, including but not limited to: (A) Shop drawings and working drawings as described in subsection 105.02 (B) Mix Designs May 26, 2005 •z- REVISION OF SECTION 107 RESPONSIBILITY FOR DAMAGE CLAIMS, INSURANCE TYPES AND COVERAGE LIMITS (C) Contractor performed design work as required by the plans and specifications (D) Change Orders (E) Approved Value Engineering Change Proposals (iii) The Contractor and any included subcontractor shall renew and maintain Professional Liability Insurance as outlined above for a minimum of one year following final acceptance of work. (5) Umbrella or Excess Liability Insurance with minimum limits of $1,000,000. This policy shall become primary (drop down) in the event the primary Liability Policy limits are impaired or exhausted. The Policy shall be written on an Occurrence form and shall be following form of the primary. The following form Excess Liability shall include CDOT as an additional insured. (b) CDOT shall be named as additional insured on the Commercial General Liability and Automobile Liability Insurance policies. Completed operations additional insured coverage shall be on endorsements CG 2010 11/85, CG 2037, or equivalent. Coverage required of the contract will be primary over any insurance or self- insurance program carried by the State of Colorado. (c) The Insurance shall include provisions preventing cancellation or non -renewal without at least 30 days prior notice to CDOT by certified mail. (d) The Contractor will require all insurance policies in any way related to the contract and secured and maintained by the Contractor to include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise, against CDOT, its agencies, institutions, organizations, officers, agents, employees and volunteers. (e) All policies evidencing the insurance coverages required hereunder shall be issued by insurance companies satisfactory to CDOT. (f) The Contractor shall provide certificates showing insurance coverage required by this contract to CDOT prior to execution of the contract. No later than 15 days prior to the expiration date of any such coverage, the Contractor shall deliver CDOT certificates of insurance evidencing renewals thereof. At any time during the term of this contract, CDOT may request in writing, and the Contractor shall thereupon within ten days supply to CDOT, evidence satisfactory to CDOT of compliance with the provisions of this section. (g) Notwithstanding subsection 107.15(a), if the Contractor is a "public entity" within the meaning of the Colorado Governmental Immunity Act CRS 24-10-101, et seq., as amended ("Act'), the Contractor shall at all times during the term of this contract maintain only such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Act. Upon request by CDOT, the Contractor shall show proof of such insurance satisfactory to CDOT. Public entity Contractors are not required to name CDOT as an Additional Insured. (h) When the Contractor requires a subcontractor to obtain insurance coverage, the types and minimum limits of this coverage may be different than those required, as stated above, for the Contractor, except for the Commercial General Liability Additional Insured endorsement and those that qualify as needing Professional Liability Insurance. March 11, 2004 REVISION OF SECTIONS 107 AND 412 CONCRETE WASTEWATER CONTAINMENT Sections 107 and 412 of the Standard Specifications are hereby revised for this project as follows: Delete subsection 107.25(a) 3 and replace with the following: 3. State Waters. Based on 25-8-103 (19) CRS, state waters are defined to be any and all surface and subsurface waters which are contained in or flow through the state, including, streams, rivers, lakes, drainage ditches, storm drains, ground water, and wetlands, but not including waters in sewage systems, waters in treatment works or disposal systems, waters in potable water distribution systems, and all water withdrawn for use until use and treatment have been completed. Subsection 107.25(b)11 shall include the following: Removal of concrete waste and washout water from mixer trucks, concrete finishing tools, concrete saw and all concrete material removed in the course of construction operations or cleaning shall be performed in a manner that prevents waste material from entering state waters. A minimum of 10 days prior to the start of concrete operations, the Contractor shall submit in writing a method for containing concrete wastewater to the Engineer for approval. Subsection 412.07(c) shall include the following: Wastewater generated from concrete saw operations shall be contained and disposed of in accordance with subsection 107.25. Subsection 412.12 shall include the following: Wastewater generated from concrete finishing operations shall be contained and disposed of in accordance with subsections 107.25. June 13, 2003 REVISION OF SECTION 108 LIQUIDATED DAMAGES Section 108 of the Standard Specifications is hereby revised for this project as follows: In subsection 108.07 delete the first paragraph and replace with the following: 108.07 Failure to Complete Work on Time. A daily charge will be made against the Contractor for each calendar day, including free time, that any work remains uncompleted after the elapse of contract time. This daily charge will be deducted from any money due the Contractor. This deduction will not be considered a penalty, but as liquidated damages. In subsection 108.07 delete the schedule of liquidated damages and replace with the following: Original Contract Amount ($) Liquidated Damages per Calendar Day (3) From More Than To And Including 0 150,000 67 150,000 260,000 174 250,000 500,000 430 500,000 1,000,000 1,086 1,000,000 2,000,000 1,778 2,000,000 4,000,000 2,363 4,000,000 10,000,000 3,240 10,000,000 --------------- 3,240 plus 583 Per Each Additional 1,000,000 Contract Amount or Part Thereof Over 10,000,000 March 4, 2002 A_ REVISION OF SECTION 108 PROJECT SCHEDULE Section 108 of the Standard Specifications is hereby revised for this project as follows: In subsection 108.03, first paragraph, delete the last two sentences and replace with the following: A CPM schedule will be required unless the Commencement and Completion of work special provision allows a bar chart schedule. The Schedule shall show all work completed within the contract time. In subsection 108.03, the second paragraph shall include the following: For CPM schedules, all required schedules and reports shall also be submitted electronically on 3%-inch floppy disk or compact disk. In subsection 108.03, third paragraph, delete the first sentence and replace with the following: The Bar Chart or Initial Schedule shall be submitted at least 10 working days prior to the start of the work. Subsection 108.03(c), shall include the following: The Contractor shall use either Microsoft Project or Primavera Scheduling software to develop and manage the Critical Path Method Schedule. The Contractor shall notify the Project Engineer in writing, when submitting the first schedule which software, will be used. This choice cannot be changed after the first schedule submittal. When the Contractor uses Primavera -scheduling software, the Engineer may request an additional electronic copy of all required schedules and reports converted to the Microsoft Project format on 3`/2-inch floppy disk or compact disk, for information only. This additional information shall be submitted with all schedule submittals and updates. The Contractor shall perform all work required to ensure that the Microsoft schedule accurately reflects the planned schedule and progress. In subsection 108.03(c), after the fourth paragraph, delete items (1), (2), and (3) and replace with the following: (1) Initial Schedule. The Initial Schedule shall include all necessary detail for procurement, construction and submittal activities required during the first 90 days of contract time. In addition, the Initial Schedule shall include a very basic group of activities that describes the time period after the 90th day of contract time and through the completion of the project. Only salient features and other significant activities will be required for the period after the first 90 days of contract time. The 15-calendar day activity duration limit will not apply to the portion of the Initial Schedule beyond the first 90 days of contract time. This submittal shall include a Time Scaled Logic Diagram. (2) Project Schedule. The Project Schedule submittal shall consist of a Time Scaled Logic Diagram Schedule Report. It shall be prepared in full and submitted to the Engineer within 45 calendar days after the Engineer's acceptance of the Initial Schedule. The Engineer's review of the Project Schedule will not exceed 7 calendar days. Revisions required as a result of the Engineer's review shall be submitted within 7 calendar days. Work shall not continue beyond 90 calendar days after the start of Contract Time until the Project Schedule is accepted in writing, unless otherwise approved by the Engineer. The Project Schedule shall cover the time from the Date of Notice to Proceed to the predicted completion date. The Schedule Report shall tabulate for each activity the activity ID, description, duration, earliest start and finish date, latest start and finish date, total float time, predecessor and successor activities, and responsibility. (3) Schedule Updates. The Contractor shall update the Initial Schedule or the Project Schedule monthly to reflect actual construction progress of all work activities on the project. Updates shall show the previous month's progress and a projection for all remaining work activities on the project. Schedules shall be updated as of the cutoff date for the monthly progress pay estimate and submitted to the Engineer before the payment of the progress pay estimate is approved. March 4, 2002 -2- REVISION OF SECTION 108 PROJECT SCHEDULE Each of the diagrams, charts, and reports shall comply with the requirements for the Project Schedule above, except that they shall also include the actual completion dates and percentages of completion for the appropriate activities. A Job Progress Narrative Report shall be submitted with all updates. It shall detail the description of job progress, problem areas, current and anticipated delaying factors and their anticipated effects, impacts to job milestones or project completion, any corrective action proposed or taken, and any minor revisions to the Schedule. September 6, 2002 REVISION OF SECTION 108 SUBLETTING OF CONTRACT Section 108 of the Standard Specifications is hereby revised for this project as follows: In subsection 108.01, delete the second paragraph and replace with the following: The Contractor will be permitted to sublet a portion of the Contract, however, the Contractor's organization shall perform work amounting to 30 percent or more of the original total cost of bid items. Any items designated in the contract as "specialty items" may be peformed by subcontract. The cost of "specialty items" so performed by subcontract may be deducted from the original total cost of bid items before computing the amount of work required to be performed by the Contractor's own organization. March 15, 2002 REVISION OF SECTIONS 101 AND 108 WORKPLACE VIOLENCE Sections 101 and 108 of the Standard Specifications are hereby revised for this project as follows: Add subsection 101.86 as follows: 101.86 Workplace Violence. Workplace violence is conduct in the workplace against employees, employers, or outsiders committed by persons who either have an employment related connection with CDOT, or is a contractor working on a CDOT project. This conduct includes: (1) Physical acts against persons or their property, or against CDOT or Contractor property that are perceived to be harmful or threatening. (2) Veiled or direct verbal threats, profanity, or vicious statements or gestures that are meant to harm or create a threatening or intimidating work environment. (3) Written threats, profanity, vicious cartoons or notes that are meant to create a threatening or intimidating environment (4) Any other acts that are perceived to be threatening or intended to injure or convey hostility. Add subsection 108.051, immediately following subsection 108.05, as follows: Any representative or employee of the Contractor, or any subcontractor, who commits an act of workplace violence on the project shall be sanctioned as provided by the Contractor's employment policies and, where appropriate, shall be reported to law enforcement authorities. At the request of either the Contractor or the Engineer, the Engineer and the Contractor shall meet to discuss appropriate actions to be taken against the representative or employee. Appropriate action may include removing the representative or employee from the project. If removal is warranted and the Contractor fails to remove the representative or employee, the Engineer may suspend the work by written notice until compliance is achieved. July 21, 1999 REVISION OF SECTION 109 MEASUREMENT OF QUANTITIES Section 109 of the Standard specifications is hereby revised for this project as follows: In subsection 109.01, following paragraph 15, add the following: The Engineer will randomly verify the accuracy of the certified weigher on every project where the weights are manually entered on the scale ticket. This verification will consist of at least one comparison check on the project. Additional verification checks may be required as determined by the Engineer. The Engineer will randomly select a loaded truck after the truck has been issued a scale ticket by the certified weigher. The loaded truck will then be reweighed, in the presence of the Engineer, on the same scale and the weight compared with the weight on the scale ticket. Reweighed loads shall be within the tolerance of 100 (kg 200 pounds) plus or minus. The Engineer will also verify the accuracy of computerized scales. Computerized scales are scales that automatically print weights on the scale ticket. This verification will consist of at least one comparison check when the project requires more than 2500 metric tons (2500 tons) of material to be weighed. This comparison check shall be made by reweighing a loaded vehicle. The Contractor shall either provide a second certified scale or select a second certified scale in the vicinity to be used for the comparison check. Comparison checks shall be performed using the following procedures: (1) Hopper Scale. A loaded truck will be randomly selected by the Engineer. The loaded truck shall be weighed on a certified platform scale to record the gross weight. The truck shall be unloaded and weighed again on the same scale to record the tare weight. The tare weight shall be subtracted from the gross weight and compared against the net weight recorded on the scale ticket. (2) Platform Scales. A loaded truck will be randomly selected by the Engineer. The loaded truck shall be reweighed on a second certified scale and the gross weight shall be compared against the gross weight on the first scale ticket. Should a comparison check reveal a weight difference of more than one percent, a second comparison check shall be performed immediately. If the weight differences of both comparison checks exceed the one percent limit, the Contractor shall immediately stop weighing and the scale shall be recertified and resealed at the Contractor's expense. The necessary adjustments as indicated by the recertification will be made to all scale tickets issued since the last certification or on the entire project, whichever occurred later, unless the Contractor demonstrates to the satisfaction of the Engineer that the defect in the scale was present for a lesser period of time. If it is necessary to recertify a scale, and more than 2500 metric tons (2500 tons) of material remain to be weighed, another scale comparison check shall be made. All comparison checks shall be made at the Contractor's expense August 26, 2004 1 REVISION OF SECTION 109 RETAINAGE AND PARTIAL PAYMENTS Sections 109 of the Standard Specifications are hereby revised for this project as follows: Subsection 109.06 shall include the following: (e) Prompt Payment. The Contractor shall pay subcontractors and suppliers for all work which has been satisfactorily completed within seven calendar days after receiving payment for that work from the Department. For the purpose of this section only, work shall be considered satisfactorily complete when the Department has made payment for the work. The Contractor shall include in all subcontracts a provision that this requirement for prompt payment to subcontractors and suppliers must be included in all subcontracts at every tier. The Contractor is responsible to ensure that all subcontractors and suppliers at every tier are promptly paid. If the Contractor fails to comply with this provision the Engineer will not authorize further progress estimates until the required payments have been made and the Contractor agrees to make payments as specified. (i) Refainage. The Contractor may withhold retainage of each progress estimate on work performed by subcontractors. If during the prosecution of the project, a subcontractor satisfactorily completes all work described on CDOT Form No. 205, as amended by changes directed by the Engineer, the following procedure will apply: 1. The subcontractor may make a written request to the Contractor for the release of the subcontractor's retainage. 2. Within ten working days of the request, the Contractor shall determine if all work described on Form 205 has been satisfactorily completed and shall inform the subcontractor in writing of the Contractor's determination. 3. If the Contractor determines that the subcontractor has not achieved satisfactory completion of all work described on Form 205, the Contractor shall provide the subcontractor with written notice, stating specifically why the subcontract work is not satisfactorily completed and what has to be done to achieve completion. A copy of this written notice shall be provided to the Engineer. 4. If the Contractor determines that the subcontractor has achieved satisfactory completion of all work described on Form 205, the Contractor shall release the subcontractor's retainage within 7 calendar days. 5. In determining whether satisfactory completion has been achieved, the Contractor may require the subcontractor to provide documentation such as certifications and releases, showing that all laborers, lower -tiered subcontractors, suppliers of material and equipment, and others involved in the subcontractor's work have been paid in full. The Contractor may also require any documentation from the subcontractor that is required by the subcontract or by the Contract between the Contractor and the Department or by law such as affidavits of wages paid, material acceptance certifications and releases from applicable governmental agencies to the extent that they relate to the subcontractor's work. 6. Within 14 calendar days after receiving the Contractor's request, the Engineer will make inspection of all work described on Form 205. The Engineer will measure and furnish the final quantities to the Contractor of the items completed by the subcontractor. Agreement on these final quantities by the Contractor will not constitute the acceptance of the work described on Form 205 by the Engineer. 7. If the subcontractor performs only a portion of an item of work, the Contractor shall release retainage in accordance with the procedures stated above and when the subcontractor has completed all of the work included in their subcontract, however, final measurement of quantities will not be made until the item of work and all of the work on the associated Form 205 has been completed. August 26, 2004 REVISION OF SECTION 109 RETAINAGE AND PARTIAL PAYMENTS 8. If additional quantities of a particular item of work are required at a later date after final measurement has been made, the Contractor shall perform this work in accordance with Contract requirements and at unit bid prices. For this subsection only, satisfactory completion of all work described on CDOT Form No. 205 is when all tasks called for in the subcontract as amended by changes directed by the Engineer have been accomplished and documented as required by the Department. The requirements stated above do not apply to retainage withheld by the Department from monies earned by the Contractor. The Department will continue to process the release of that retainage based upon the completion date of the project as defined in the Commencement and Completion of Work special provision. The Contractor shall be solely responsible for all additional costs involved in paying retainage to the subcontractors prior to total project completion. (g) Good Cause Exception. If the Contractor has "good cause" to delay or withhold a subcontractor's progress payment, the Contractor shall notify the Department and the subcontractor in writing within seven calendar days after receiving payment from the Department. The notification shall specify the amount being withheld and provide adequate justification for withholding the payment. The notice shall also clearly state what conditions the subcontractor must meet to receive payment. "Good cause" shall include but not be limited to the failure of the subcontractor to make timely submission of required paperwork In subsection 109.09 delete the second paragraph and replace with the following: All prior estimates and payments, except for those made in accordance with subsection 109.06(f) 6 will be subject to correction in the final estimate and payment. May 31, 2001 REVISION OF SECTION 109 ADJUSTMENTS FOR CHANGES IN COMMON CARRIER RATES Section 109 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 109.08. July 18, 2003 REVISION OF SECTION 206 SHORING Section 206 of the Standard Specifications is hereby revised for this project as follows: In Subsection 206.01, delete the third paragraph and replace with the following: Unless otherwise specified, structure excavation shall include all pumping, bailing, draining, and incidentals required for proper execution of the work. Subsection 206.01 shall include the following: This work consists of shoring, which is defined as any temporary construction that is used to support the earth adjacent to excavation or embankment. Subsection 206.03 shall include the following: The Contractor shall locate, size, design, and construct shoring which provides all necessary rigidity, and supports the loads imposed to facilitate construction as shown on the plans. When the height of shoring exceeds five feet above the base of the excavation, shoring drawings shall be provided by the Contractor to the Engineer for information only. The drawings shall be prepared by, and contain the seal and signature of a Professional Engineer registered in the State of Colorado. These drawings shall be approved and signed by the Contractor and provided to the Engineer at least ten days prior to start of work. Shoring shall be constructed in conformity with the shoring drawings provided to the Engineer. Prior to placing construction or traffic loads on the supported earth, the Contractor's Professional Engineer shall certify in writing that shoring materials and construction have been inspected and that all shoring, materials, and construction are in conformity with the shoring drawings. A copy of this certification shall be submitted in an appropriate form for the Engineer's records. If the embankment, construction, traffic, or any other surcharge is in excess of what the original shoring was designed for and is to be placed adjacent to any shoring, the Contractor shall provide a signed letter from the Contractor's Professional Engineer prior to the load placement stating that the shoring will support the additional load. Shoring drawings shall include the following information: (1) The size and grade of all structural materials (2) Design notes, including design assumptions, and construction details (3) Where applicable, restrictions on heavy equipment placement at specific locations adjacent to the shoring (4) Areas determined by the Contractor's Professional Engineer where de -watering of the shored excavation will be required, and a description of the requirements (i.e., head added by the pump, flow rate, minimum pump size, etc.) and methods to be used for de -watering. (5) All other information determined by the Contractor's Engineer to be pertinent to the design and successful construction of the shoring. July 18, 2003 REVISION OF SECTION 206 SHORING Subsection 206.06 shall include the following: Shoring will not be measured, but will be paid for on a lump sum basis. Subsection 206.07 shall include the following: Pay Item Pay Unit Shoring (Area _) Lump Sum Payment for shoring will be full compensation for all labor, materials, and equipment required to design, construct, and remove the shoring. Shoring which is not included as a pay item in the plans will not be measured and paid for separately, but shall be included in the work. March 11, 2004 I REVISION OF SECTION 208 EROSION CONTROL Section 208 of the Standard Specifications is hereby revised for this project as follows: Subsection 208.02 shall include the following: (1) Erosion Logs. Erosion logs shall be curled aspen wood excelsior with a consistent width of fibers evenly distributed throughout the log. The casing shall be seamless, photodegradable tube netting and shall have minimum dimensions as shown in Table 208-1, based on the diameter of the log called for in the plans. The curled aspen wood excelsior shall be fungus free, resin free and shall be free of growth or germination inhibiting substances. TABLE 208-1 Nominal Dimensions of Erosion Logs Diameter Length Weight minimum Stake dimensions 8 inch 7-10 feet 1.6 Ibs/foot) 1.5 x 1.5 x 20 inches 12 inch 7-10 feet 2.5 Ibs/foot 1.5 x 1.5 x 24 inches 18 inch 7-10 feet 4 Ibs/foot 1.5 x 1.5 x 30 inches Stakes to secure erosion logs shall consist of pinewood or hardwood. (j) Silt Dikes. Silt dikes shall be pre -manufactured triangular shaped urethane foam covered with a woven geotextile fabric. The fabric aprons shall extend a minimum of two feet beyond each side of the triangle. Each silt dike shall have the following dimensions: Center height 8 to 10 inches Base 16 to 21 inches Section length 3 to 7 feet Section width including fabric extensions 5.6 feet (k) Concrete Washout Structure. The Contractor shall design and construct a concrete washout structure that will contain washout from concrete placement and construction equipment cleaning operations. Embankment required for the concrete washout structure may be excavated material, provided that this material meets the requirements of Section 203 for embankment. In subsection 208.03(a), delete the last paragraph and replace with the following: The Engineer will approve or reject the written proposal in writing within two weeks after the submittal. The Engineer may order additional control measures prior to approving the proposed modifications. The Contractor shall be responsible for amendments to permits or certifications required as a result of the approved changes. Modifications to the erosion control measures shall not be reason for extension of contract time. In subsection 208.03(c) delete item (4) and replace with the following: (4) Inspect, with the Engineer or designated representative, all erosion control features implemented for the project. The inspections shall take place at least once every 14 calendar days and after each storm event that causes surface runoff. A report shall be submitted to the Engineer after every inspection and shall become part of the Department's project records. The appropriate form for this report will be supplied by the m March 11, 2004 2 REVISION OF SECTION 208 EROSION CONTROL Engineer. The inspections shall be made during the progress of the work, during work suspensions, and until final acceptance of the work. During project suspensions, inspections shall take place at least once every 30 calendar days, or as directed. Delete subsection 208.04(b) and replace with the following: (b) Work Outside the Right of Way. In areas outside the right-of-way that are used by the Contractor and which include, but are not limited to, borrow pits, haul roads, storage and disposal areas, maintenance, batching areas, etc., erosion and sediment control work shall be performed by the Contractor at the Contractor's expense. In subsection 208,04(d) the second paragraph shall include the following as the last sentence: If approved by the Engineer, slopes from the edge of pavement to the point of slope selection may be left unseeded until paving has been completed. In subsection 208.04(d) delete the third paragraph and replace with the following: The duration of the exposure of uncompleted construction to the elements shall be as short as practicable. Completed areas shall be permanently stabilized within seven calendar days after completion. Disturbed areas where work is temporarily halted shall be temporarily stabilized within seven days after the activity ceased unless work is to be resumed within 30 calendar days after the activity ceased. Payment for temporary stabilization will be made at the contract unit price if the work was interrupted due to no fault or negligence of the Contractor. Payment will not be made for temporary stabilization required by Contractor's negligence, by the lack of proper Contractor scheduling or for the convenience of the Contractor. Subsection 208.05 shall include the following: (1) Erosion Logs. The Contractor shall maintain the erosion logs during construction to prevent sediment from passing over or under the logs or from sediment accumulation greater than two thirds of the original exposed height of each erosion log. Stakes shall be embedded to a minimum depth of 12 inches. At the discretion of the Engineer, a shallower depth may be permitted if rock is encountered. (m) Silt Dikes. Prior to installation of silt dikes, the Contractor shall prepare the surface of the areas in which the dikes are to be installed such that are they free of materials greater than two inches in diameter and are suitably smooth for the installation of the silt dikes, as approved by the Engineer. Dikes shall be secured with "U" staples, 8 inches in length and 11-gauge minimum, placed in two rows per apron along edges one foot on center, The staple pattern shall be as shown on the plans. (n) Concrete Washout Structure Design. The concrete washout structure shall be designed to meet or exceed the dimensions shown in the plans. At least 10 days prior to start of paving operations, the Contractor shall submit in writing a method statement outlining the design, site location and installation of a concrete structure that will contain washout from concrete placement operations. Work on this structure shall not begin until written acceptance is provided by the Engineer. The structure shall meet the following requirements: (1) Structure shall contain all washout water. (2) Stormwater shall not carry wastes from washout/disposal location. (3) The site shall be located a minimum of 50 horizontal feet from state waters and shall meet all requirements for containment and disposal as defined in subsection 107.25. (4) The site shall be signed as "Concrete washout". March 11, 2004 3 REVISION OF SECTION 208 EROSION CONTROL (5) Each concrete truck driver/pumper operator shall be aware of site locations. (6) The site shall be accessible to appropriate vehicles. (7) The bottom of excavation shall be a minimum of five feet vertical above groundwater or, alternatively, excavation must be lined with an impermeable synthetic liner that is designed to control seepage to a maximum rate of 10'6 centimeters per second. (8) Freeboard capacity shall be included into structure design to reasonably ensure the structure will not overtop during or because of a precipitation event. (9) All measures shall be taken to prevent tracking of washout material onto roadway surface. (10) Adding solvents, flocculents, or acid to washwater is prohibited. The structure shall be fenced with orange plastic construction fencing or equivalent fencing material to provide a barrier to construction equipment and to aid in identification of the concrete washout area. The concrete washout structure shall be completed and ready for use prior to concrete placement operations. Waste material from concrete washout operations shall be removed and disposed of in accordance with subsection 208.04 (f) when it has accumulated to two-thirds of the wet storage capacity of the structure. Delete subsection 208.05(e) and replace with the following: (e) Temporary Diversion. Unless otherwise specified in the Contract or directed, the diversion's ridge and channel shall be stabilized within 14 calendar days of its installation. The diversion shall be installed prior to any up slope land disturbance. Subsection 208.06 shall include the following: 208.06 Failure to Perform Erosion Control. The Contractor will be subject to a disincentive for incidents of failure to perform erosion control as required by the Contract. Incidents to which this disincentive may be applied include the following: (1) Failure to submit an initial schedule or failure to submit a weekly schedule update as specified in subsection 208.03(b). (2) Failure of the Erosion Control Supervisor to perform the inspections required by subsection 202.03(c)4. (3) Failure of the Erosion Control Supervisor to implement necessary actions requested by the Engineer as required by subsection 208.03(c)6. (4) Failure to design and implement erosion and sediment control measures for unforseen conditions as required by subsection 208.04(a). (5) Failure to construct or implement erosion control or spill containment measures required by the Contract, or failure to construct or implement them in accordance with the Contractor's approved schedule as required by subsection 208.04(c). (6) Failure to limit the exposed surface area of erodible earth to 34 or fewer acres (13.8 or fewer ha) as required by subsection 208.04(d). (7) Failure to temporarily stabilize areas where work is temporarily halted within 7 days as required by subsection 208.04(d). (8) Failure to perform maintenance of an erosion control feature within 48 hours after notice from the Engineer to perform maintenance as required by subsection 208.04(e). (9) Failure to remove and dispose of sediment from erosion control features as required by subsection 208.04(f) and subsections 208.05(c), (h), 0), and (k). (10) Failure to install and properly utilize a concrete washout structure for containing washout from concrete placement operations March 11, 2004 4 REVISION OF SECTION 208 EROSION CONTROL The Engineer will notify the Contractor in writing of each incident of failure to perform erosion control, items (1) through (10) above. The Contractor will be allowed 7 calendar days from the date of notification to correct the failure. The Contractor will be charged liquidated damages in the amount of $500 for each calendar day after the seventh day that one or more of the incidents of failure, items (1) through (10) above, remains uncorrected. This deduction will not be considered a penalty, but will be considered liquidated damages based on estimated additional construction engineering costs. The liquidated damages will accumulate, for each cumulative day that one or more of the incidents remains uncorrected. The number of days to which liquidated damages are assessed will be cumulative for the duration of the project; that is: the damages for a particular day will be added to the total number of days for which liquidated damages are accumulated on the project. The liquidated damages will be deducted from any monies due the Contractor. In subsection 208.07, delete the second paragraph and replace with the following: Silt fence, erosion logs, silt dikes, temporary berms, temporary diversions, temporary drains, and brush barriers will be measured by the actual number of linear feet that are installed and accepted. Stakes, anchors, connections and tie downs used for temporary slope drains will not be measured and paid for separately, but shall be included in the work. Concrete washout structure will be measured by the actual number of structures that are installed and accepted, and will include excavation, embankment, concrete, liner, erosion bales, fencing, and containment and disposal of concrete washout and all other associated waste material. Subsection 208.08 shall include the following: Pay Item Pay Unit Erosion Log (_ Inch) Linear Foot Silt Dike Linear Foot Concrete Washout Structure Each November 5, 1999 REVISION OF SECTION 103 CONTRACT BONDS Section 103 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 103.03 and replace with the following: 103.03 Requirement of Contract Bonds. At the time of the execution of the Contract, the successful bidder shall furnish a Contract Payment Bond and a Contract Performance Bond. Each bond shall be in a penal sum equal to the nearest integral one hundred dollars in excess of the sum of the original bid items plus all force account items specified in the project special provisions to be included in the payment and performance bonds. The bonds and the security shall be acceptable to the Department. March 6, 2003 REVISION OF SECTION 208 EROSION CONTROL SUPERVISOR Section 208 of the Standard Specifications is hereby revised for this project as follows: In subsection 208.03 (c), delete (5) and replace with the following: (5) Attend the Preconstruction Conference, all project scheduling meetings, and reviews by the Erosion Control Advisory Team (ECAT) and Regional Erosion Control Advisory Team (RECAT) as requested by the Engineer. March 11,2004 REVISION OF SECTION 208 STABILIZED CONSTRUCTION ENTRANCE Section 208 of the Standard Special Provisions is hereby revised for this project as follows: Subsection 208.01 shall include the following: This work consists of constructing a stabilized construction entrance, as shown in the plans, or as directed by the Engineer. Subsection 208.02 shall include the following: (1) Stabilized Construction Entrance. Construction of approved stabilized construction entrances shall be completed before any excavation or work is started between such entrances, as shown on the plans. Unless otherwise directed by the Engineer, aggregate for the construction entrance shall be coarse material that meets the following gradation requirements: Sieve size Mass Percent Passing Square Mesh Sieves 3 inch 100 2 inch 95-100 % inch 0-15 Geotextiie shall conform to the requirements of subsection 420.06. Subsection 208.05 shall include the following: (n) Stabilized construction entrance. Stabilized construction entrances shall be constructed to the minmum dimensions shown on the plans, unless otherwise directed by the Engineer. The Contractor shall be responsible for maintaining the stabilized construction entrance during the entire time that it is in use in the project. The stabilized construction entrance shall be removed at the completion of this project unless otherwise directed by the Engineer. Subsection 208.07 shall include the following: Stabilized construction entrance will be measured by the actual number that are constructed and accepted. Subsection 208.08 shall include the following: Payment will be made under: Pay item Pay Unit Stabilized Construction Entrance Each Payment 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. May 31, 2001 REVISION OF SECTION 209 DUST PALLIATIVES Section 209 of the Standard Special Provisions is hereby revised for this project as follows: In subsection 209.02, delete the second paragraph. In subsection 209.05, delete the second paragraph and replace with the following: Dust palliative shall consist of water. Application of water shall be done with acceptable sprinkling equipment at an appropriate rate as approved by the Engineer. In subsection 209.08, delete the third paragraph. October 14, 2003 REVISION OF SECTION 601 CONCRETE CONSTRUCTION TOLERANCES Section 601 of the Standard Specification is hereby revised for this project as follows: Add subsection 601.171, immediately following subsection 601.17, as follows: Unless otherwise stated in the plans or specifications, tolerances for concrete construction and materials shall be in accordance with ACI 117. Cast in place bridge decks and bridge slabs shall be no more than 13 mm (1/2 inch) thicker nor more than 6 mm (1/4 inch) thinner than the cross -sectional vertical dimension shown on the plans. June 13, 2003 REVISION OF SECTION 601 STRUCTURAL CONCRETE Section 601 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 601.02 and replace with the following: 601.02 Classification. The classes of concrete shown in Table 601-1 shall be used when specified in the Contract. Table 601-1 Concrete Table Concrete Required Field Cement Content: Air Content: Water Cement Class Compressive Minimum or % Range Ratio: Maximum Strength Range (kg/m3) (Total) or Range (MPa B 25 (3000 psi) at 335 5-8 N/A 28 days 565 Ibs/ d3 BZ 30 (4000 psi) at 362 N/A N/A 28 days 610 Ibs/ d3 D 30 (4500 psi) at 365 to 392 5-8 0.44 28 days 615 to 660 Ibs/ d3 DT 30 (4500 psi) at 415 5-8 0.44 28 days 700 Ibs/ d3 E 30 (4200 psi) at 392 4-8 0.44 28 days 660 Ibs/ d3 H 30 (4500 psi) at 344 to 380 5-8 0.38 - 0.42 56 days (580 to 640 Ibs/ d3 HT 30 (4500 psi) at 344 to 380 5-8 0.38 - 0.42 56 days (580 to 640 Ibs/ d3 P 30 (4200 psi) at 392 4-8 0.44 28 days 660 Ibs/ d3 S35 35 (5000 psi) at 365 to 427 5-8 0.42 28 days (615 to 720 Ibs/ d3 S40 40 (5800 psi) at 365 to 451 5-8 0.40 28 days (615 to 760 Ibs/ d3 S50 50 (7250 psi) at 365 to 475 5-8 0.38 28 days (615 to 800 Ibs/ d3 Class B concrete is an air entrained concrete for general use. Class D or H concrete may be substituted for Class B concrete. Additional requirements for Class B concrete are: Class B concrete shall have a nominal coarse aggregate size of 37.5 mm (1%") or smaller, i.e., 100% passing the 50 mm (2") sieve and 90% to 100% passing the 37.5 mm (1%') sieve. Approved fly ash may be substituted for portland cement up to a maximum of 20% Class C or 30% Class F by weight. Class BZ concrete is concrete for drilled piers. Additional requirements for class BZ concrete are: Entrained air is not required unless specified in the Contract. High range water reducers may be added at the job site to obtain desired slump and retardation. Slump shall be a minimum of 125 mm (5") and a maximum of 200 mm (8"). Class BZ caisson concrete shall be made with 19 mm (314") nominal sized coarse aggregate, i.e., 100% passing the 25.0 mm (1") sieve and 90% to 100% passing the 19 mm (3/4") sieve. Approved fly ash may be substituted for portland cement up to a maximum of 20% Class C or 30% Class F by weight. June 13, 2003 2 REVISION OF SECTION 601 STRUCTURAL CONCRETE Class D concrete is a dense medium strength structural concrete. Class H may be substituted for Class D concrete. Additional requirements for Class D concrete are: An approved water reducing admixture shall be incorporated in the mix. Class D concrete shall be made with 19 mm (3/4") nominal sized coarse aggregate, i.e., 100% passing the 25.0 mm (1") sieve and 90% to 100% passing the 19 mm (9/4") sieve. When placed in a bridge deck, Class D concrete shall contain a minimum of 55% AASHTO M 43 size No. 67 coarse aggregate. Approved fly ash may be substituted for portland cement up to a maximum of 20% Class C or 30% Class F by weight. Class DT concrete may be used for deck resurfacing and repairs. Class HT may be substituted for Class DT concrete. Additional requirements for Class DT concrete are: An approved water reducing admixture shall be incorporated in the mix. Class DT concrete shall contain a minimum of 50% AASHTO M 43 size No. 7 or No. 8 coarse aggregate. Approved fly ash may be substituted for portland cement up to a maximum of 20% Class C or 30% Class F by weight. Class E concrete may be used for fast track pavements needing early strength in order to open a pavement to service soon after placement. Additional requirements for Class E concrete are: Type III cement may be used. Class E concrete shall contain a minimum of 55% AASHTO M 43 size No. 357 or No. 467 coarse aggregate. If all transverse joints are doweled, then Class E concrete shall contain a minimum of 55% AASHTO M 43 sizes No. 57, No. 67, No. 357, or No. 467 coarse aggregate. In addition to the compressive strength requirements in Table 601-1 and unless stated otherwise on the plans, Class E concrete shall achieve a field compressive strength of 17 MPa (2500 psi) within 12 hours. Laboratory trial mix for Class E concrete must produce an average 28 day flexural strength of at least 4482 kPa (650 psi). Approved fly ash may be substituted for portland cement up to a maximum of 30% Class F by weight. Class H concrete is used for bare concrete bridge decks that will not receive a waterproofing membrane. Additional requirements for Class H concrete are: An approved water reducing admixture shall be incorporated in the mix. Class H concrete shall contain a minimum of 55% AASHTO M 43 size No. 67 coarse aggregate. Class H concrete shall contain cementitious materials in the following ranges: 267 - 297 kg/m3 (450 - 500 Ibs/yd3) Type II portland cement, 53 - 74 kg/m3 (90 - 125 Ibs/yd3) flyash and 12 - 18 kg/m3 (20 - 30 Ibs/yd3) silica fume. The total content of Type II portland cement, flyash and silica fume shall be 344 - 380 kg/m3 (580 - 640 Ibs/yd3). Laboratory trial mix for Class H concrete must not exceed permeability of 2000 coulombs at 56 days (ASTM C 1202). Laboratory trial mix for Class H concrete must not exhibit a crack at or before 14 days in the cracking tendency test (AASHTO PP 34). Class HT concrete is used as the top layer for bare concrete bridge decks that will not receive a waterproofing membrane. Additional requirements for Class HT concrete are: An approved water reducing admixture shall be incorporated in the mix. Class HT concrete shall contain a minimum of 50% AASHTO M 43 size No. 7 or No. 8 coarse aggregate. Class HT concrete shall contain cementitious materials in the following ranges: 267 - 297 kg/m3 (450 - 500 Ibs/yd3) Type II portland cement, 53 - 74 kg/m3 (90 - 125 Ibs/yd3) flyash and 12 - 18 kg/m3 (20 - 30 Ibs/yd3) silica fume. The total content of Type II portland cement, flyash and silica fume shall be 344 - 380 kg/m3 (580 - 640 Ibs/yd3). Laboratory trial mix for Class HT concrete must not exceed permeability of 2000 coulombs at 56 days (ASTM C 1202). Laboratory trial mix for Class HT concrete must not exhibit a crack at or before 14 days in the cracking tendency test (AASHTO PP 34). Class P concrete is used in pavements. Additional requirements for Class P concrete are: Class P concrete shall contain a minimum of 55% AASHTO M 43 size No. 357 or No. 467 coarse aggregate. If all transverse joints are doweled, then Class P concrete shall contain a minimum of 55% AASHTO M 43 sizes No. 57, No. 67, No. 357, or No. 467 coarse aggregate. Laboratory trial mix for Class P concrete must produce an average 28 day flexural strength of at least 4482 kPa (650 psi). Class P concrete shall contain 70% to 80% portland cement and 20% to 30% Class F fly ash in the total mass (weight) of cement plus fly ash. Unless acceptance is based on flexural strength, the total mass (weight) of cement plus Class F fly ash shall not be less than 392 kg/m3 (660 Ibs/yd3). If acceptance is based on flexural strength, the total mass (weight) of cement plus Class F fly ash shall not be less than 309 kg/m3 (520 Ibs/yd3). June 13,2003 REVISION OF SECTION 601 STRUCTURAL CONCRETE Class S35 concrete is a dense high strength structural concrete. Additional requirements for Class S35 concrete are: An approved water reducing admixture shall be incorporated in the mix. Class S35 concrete shall be made with 19 mm (3/4") nominal sized coarse aggregate, i.e., 100% passing the 25.0 mm (1") sieve and 90% to 100% passing the 19 mm (3/4") sieve. When placed in a bridge deck, Class S35 concrete shall contain a minimum of 55% AASHTO M 43 size No. 67 coarse aggregate. Approved fly ash may be substituted for portland cement up to a maximum of 20% Class C or 30% Class F by weight. Class S40 concrete is a dense high strength structural concrete. Additional requirements for Class S40 concrete are: An approved water reducing admixture shall be incorporated in the mix. Class S40 concrete shall be made with 19 mm (3/4") nominal sized coarse aggregate, i.e., 100% passing the 25.0 mm (1") sieve and 90% to 100% passing the 19 mm (3/4") sieve. When placed in a bridge deck, Class S40 concrete shall contain a minimum of 55% AASHTO M 43 size No. 67 coarse aggregate. Approved fly ash may be substituted for portland cement up to a maximum of 20% Class C or 30% Class F by weight. Class S50 concrete is a dense high strength structural concrete. Additional requirements for Class S50 concrete are: An approved water reducing admixture shall be incorporated in the mix. Class S50 concrete shall be made with 19 mm (3/4") nominal sized coarse aggregate, i.e., 100% passing the 25.0 mm (1") sieve and 90% to 100% passing the 19 mm (3/4") sieve. When placed in a bridge deck, Class S50 concrete shall contain a minimum of 55% AASHTO M 43 size No. 67 coarse aggregate. Approved fly ash may be substituted for portland cement up to a maximum of 20% Class C or 30% Class F by weight. Laboratory trial mix for Class S50 concrete must not exhibit a crack at or before 14 days in the cracking tendency test (AASHTO PP 34). Subsection 601.03 shall include the following: Silica fume admixture shall conform to the requirements of subsection 701.03. Calcium chloride shall not be used in any concrete unless otherwise specified. Delete subsection 601.05 and replace with the following: 601.05 Proportioning. The Contractor shall submit a Concrete Mix Design Report consisting of design mix proportions, laboratory trial mix and aggregate data for each class of concrete being placed on the project. Concrete shall not be placed on the project before the Concrete Mix Design Report has been reviewed and approved by the Engineer. The Concrete Mix Design cannot be approved when the laboratory trial mix and aggregate data are the results from tests performed more than a year in the past. The design mix proportions shall show the weights and sources of all ingredients including cement, fly ash, aggregates, water, additives and the water cement ratio (w/c). When determining the w/c, cement (c) shall be the sum of the weight of the cement, the weight of the fly ash and the weight of silica fume. The laboratory trial mix data shall include results of the following: (a) AASHTO T 119 Slump of Hydraulic Cement Concrete. (b) AASHTO T 121 Mass per Cubic Meter (Cubic Foot), Yield, and Air Content (Gravimetric) of Concrete. Air content from AASHTO T 152 Air Content of Freshly Mixed Concrete by the Pressure Method may be used in lieu of the air content by the gravimetric method in AASHTO T 121. (c) AASHTO T 22 Compressive Strength of Cylindrical Concrete Specimens shall be performed with at least two specimens at 7 days and three specimens at 28 days. Three additional specimens tested at 56 days shall be required for Class H and HT concrete. (d) Class H and HT concrete shall include a measurement of permeability by ASTM C 1202 Electrical Indication of Concrete's Ability to Resist Chloride Ion Penetration. The concrete test specimens shall be two 2 inch thick disks sawed from the centers of two molded 4 inch diameter cylinders cured no more than 56 days in accordance with ASTM C 192 Standard Practice for Making and Curing Concrete Test Specimens in the Laboratory. (e) Class H, HT and S50 concrete shall include a measurement of cracking by AASHTO PP 34 Standard Practice for Estimating the Cracking Tendency of Concrete. The ring shall be cured in an indoor room with June 13, 2003 4 REVISION OF SECTION 601 STRUCTURAL CONCRETE the temperature maintained 180C - 240C (65°F - 75°F) and relative humidity not exceeding 40%. (f) Class E and P concrete shall include AASHTO T 97 Flexural Strength of Concrete (Using Simple Beam with Third -Point Loading) performed with two specimens at 7 days and four specimens at 28 days. (g) Class E concrete shall include a report of maturity relationships in accordance with ASTM C 1074 with the following additions or modifications. The Contractor shall provide a multi -channel maturity meter and all necessary wire and connectors. The Contractor shall be responsible for the placement and maintenance of the maturity meter and wire. Placement shall be as directed by the Engineer. 1. The cylinders used to establish the compressive strength vs. maturity relationship shall be cast and cured in the field in conditions similar to the project. 2. These cylinders shall be tested in pairs at times which yield compressive strengths three sets of which are at or below 17 MPa (2500 psi) and one of which is above 17 MPa (2500 psi). 3. Testing to determine datum temperature or activation energy will not be required. 4. A test slab shall be cast at the same time and location as the cylinders. The test slab shall have a length and width of 2 m x 2 m (6 feet x 6 feet) and a thickness equal to the pavement design thickness. The maturity of the test slab, when used in the compressive strength vs. maturity relationship from the cylinders, shall indicate that a compressive strength of 17 MPa (2500 psi) is achieved in the required time. Slab maturity will be determined with two probes located in the slab approximately 300 mm and 600 mm (1 and 2 feet) from the edge. The test slab shall be covered with a blanket similar to the one to be used on the pavement. Except for class BZ concrete, the maximum slump of the delivered concrete shall be the slump of the approved concrete mix design plus 38 mm (1%"). Except for class H and HT concrete, the laboratory trial mix must produce an average 28 day compressive strength at least 115 percent of the required 28 day field compressive strength. The laboratory trial mix for Class H or HT concrete must produce an average 56 day compressive strength at least 115 percent of the required 56 day field compressive strength. The laboratory trial mix shall have a relative yield of 0.99 to 1.02. When Portland Cement Concrete Pavement is paid with a volumetric pay quantity, the relative yield of the concrete produced on the project shall be 0.99 to 1.02. If the relative yield of the produced concrete does not conform to this range for two consecutive yield determinations, concrete production shall cease and the Contractor shall present a plan to correct the relative yield to the Engineer. Aggregate data shall include the results of the following: (1) AASHTO T 11 Materials Finer Than 75 um (No. 200) Sieve in Mineral Aggregates by Washing. (2) AASHTO T 19 Unit Weight and Voids in Aggregate. (3) AASHTO T 21 Organic Impurities in Fine Aggregate for Concrete. (4) AASHTO T 27 Sieve Analysis of Fine and Coarse Aggregates. (5) AASHTO T 84 Specific Gravity and Absorption of Fine Aggregate. (6) AASHTO T 85 Specific Gravity and Absorption of Coarse Aggregate. (7) AASHTO T 96 Resistance to Degradation of Small -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. (8) AASHTO T 104 Soundness of Aggregate by Use of Sodium Sulfate or Magnesium Sulfate. (9) AASHTO T 176 Plastic Fines in Graded Aggregates and Soils by use of the Sand Equivalent Test (10) ASTM C 535 Resistance to Degradation of Large -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine (11) ASTM C 1260 Potential Alkali Reactivity of Aggregates (Mortar -Bar Method) Any aggregate with an expansion of 0A 0 percent or more at 16 days after casting as determined by ASTM C 1260 shall not be used unless mitigative measures are included in the mix design and subsequent results of CPL 4202 with the design mix proportions show an expansion not exceeding 0.10 percent at 16 days after casting. The Concrete Mix Design Report shall state what mitigative measures were included in the concrete mix design and include results for ASTM C 1260 and CPL 4202. June 13, 2003 REVISION OF SECTION 601 STRUCTURAL CONCRETE The Concrete Mix Design Report shall include Certified Test Reports showing that the cement, flyash and silica fume admixture meet the specification requirements and supporting this statement with actual test results. The certification for silica fume shall state the solids content if the silica fume admixture is furnished as slurry. Where the Contractor's use of fly ash results in any delay, necessary change in admixture quantities or source, or unsatisfactory work, the cost of such delays, changes or corrective actions shall be borne by the Contractor. The Contractor shall submit a new Concrete Mix Design Report meeting the above requirements when a change occurs in the source, type, or proportions of cement, fly ash, or aggregate. Unless otherwise permitted by the Engineer, the product of only one type of portland cement from one mill of any one brand shall be used in a concrete mix design. Review and approval of the Concrete Mix Design by the Engineer does not constitute acceptance of the concrete. Acceptance will be based solely on the test results of concrete placed on the project. Subsection 601.07 shall include the following: Silica fume shall be added to the mix during initial batching. Subsection 601.12 shall include the following: At the pre -placement conference, the Contractor shall present a concrete winter protection plan for acceptance by the Engineer. The accepted concrete winter protection plan shall contain information on the number and type of heat sources to be used, a sketch detailing the enclosure materials, and all other pertinent information. Sufficient equipment shall be supplied to continuously maintain the specified temperature uniformly in all parts of the enclosure. Insulated blankets on top of the bridge deck and freely circulated artificial heat below the deck will be permitted. Subsection 601.12(c) shall include the following: Before concrete placement, all ice, snow, and frost shall be completely removed from within formwork. Salt shall not be used to thaw ice, snow, or frost. Delete subsection 601.13 and replace with the following: 601.13 Curing Concrete Other Than Bridge Decks. When the ambient temperature is below 20C (35°F) the Contractor shall maintain the concrete temperature above 100C (50°F) during the curing period. It shall be the Contractor's responsibility to determine for himself the necessity for undertaking protective measures. The minimum curing period shall be determined by one of the following methods. The Engineer shall review for adequacy, the Contractor's determination of the curing period. (1) The minimum curing period shall be 120 hours (2) The minimum curing period shall be from the time the concrete has been placed until the concrete has met a compressive strength of 80 percent of the required field compressive strength. The Contractor shall cast information cylinders on the final portion of a placement and stored as close to the structure as possible. The information cylinders shall receive similar thermal protection as the structure. The contractor shall be responsible for the protection of the information cylinders. In -place strength shall be determined by at least two cylinders. If the information cylinders are destroyed in the field, the minimum curing period shall be 120 hours. (3) The minimum curing period shall be from the time the concrete has been placed until the concrete has met a compressive strength of 80 percent of the required field compressive strength. The Contractor shall develop a maturity relationship for the concrete mix design in accordance with ASTM C 1074. The June 13, 2003 6 REVISION OF SECTION 601 STRUCTURAL CONCRETE Contractor shall provide the maturity meter and all necessary thermocouples, thermometers, wires and connectors. The Contractor shall be responsible for the placement, protection and maintenance of the maturity meters and associated equipment. Locations where the maturity meters are placed shall be protected in the same manner as the rest of the structure. The Contractor shall install the thermocouples at locations designated by the Engineer. The Contractor shall monitor the temperature at intervals acceptable to the Engineer. Maturity meters, thermocouples and information cylinders will not be measured or paid for separately, but shall be included in the work. Enclosures with artificial heat sources will be permitted. If enclosures are used the Contractor shall monitor the structural integrity of the enclosure. Artificial heat sources shall not be placed in such a manner as to endanger formwork or expose any area of concrete to drying due to excessive temperatures. At the end of the curing period, the protection shall remain in place until it can be removed without permitting the concrete temperature to fall more than 280C (50°F) in a 24-hour period. Sudden changes of concrete temperature shall be prevented. Immediately after placing fresh concrete, all concrete shall be cured by one of the following methods. The Engineer shall review for adequacy, the curing method proposed by the Contractor. (a) Water Method. All surfaces other than slabs shall be protected from the sun and the whole structure shall be kept wet throughout the curing period. Surfaces requiring a Class 2 finish may have the covering temporarily removed for finishing, but the covering must be restored as soon as possible. All concrete slabs shall be covered as soon as possible with suitable material so that concrete is kept thoroughly wet for at least five days. The concrete surface shall be kept moist at all times by fogging with an atomizing nozzle until the covering is placed. (b) Membrane Forming Curing Compound Method. Curing compound may be applied only to those surfaces, which are to receive a Class I or Class 4 final finish. A volatile organic content (VOC) compliant curing compound conforming to AASHTO M 148, Type 2 shall be used on surfaces where curing compound is allowed, except that Type 1 curing compound shall be used on exposed aggregate or colored concrete, or when directed by the Engineer. Curing compound shall not be used on construction joints. The rate of application of curing compound will be in accordance with the manufacturer's recommendation, but shall not be more than 7 m2/L (300 ft2/g). All concrete cured by this method shall receive two applications of the curing compound. The first coat shall be applied immediately after stripping of forms and acceptance of the concrete finish. If the surface is dry, the concrete shall be thoroughly wet with water and the curing compound applied just as the surface film of water disappears. The second application shall be applied after the first application has set. During curing operations, any unsprayed surfaces shall be kept wet with water. The coating shall be protected against marring for a period of at least 10 days after application. Any coating marred, or otherwise disturbed, shall be given an additional coating. Should the surface coating be subjected continuously to injury, the Engineer may require that water curing, as described in subsection 601.13(a) be applied at once. When using a curing compound, the compound shall be thoroughly mixed within an hour before use. If the use of a curing compound results in a streaked or blotchy appearance, its use shall be discontinued. Water curing, as described in subsection 601.13 (a), shall then be applied until the cause of the defective appearance is corrected. (c) Form Method. Concrete shall be protected by forms during the curing period Forms shall be kept moist, when necessary, during the curing period to insure the concrete surface remains wet. (d) Blanket Method. Electrically heated curing blankets or insulation blankets may be used in cold weather to maintain specified curing temperature and to retain moisture in concrete. Blankets shall be lapped at least 200 mm (8 inches) and shall be free of holes. Blankets shall be secured at laps and edges to prevent moisture from escaping. The following procedures shall be followed if the temperature of the concrete structure falls below 0°C (320F) before the concrete reaches 80 percent of the required field compressive strength: May 26, 2005 -I- REVISION OF SECTION 104 VALUE ENGINEERING CHANGE PROPOSALS Section 104 of the Standard Specifications is hereby revised for this project to include the following: Delete subsection 104.07 and replace with the following: 104.07 Value Engineering Change Proposals by the Contractor. The Contractor is encouraged to develop and offer proposals for improved construction techniques, alternative materials and other innovations. Proposals must provide a project comparable to the CDOT's original design either at lower cost or improved quality, or both. No proposals will be accepted that lowers the quality of the intended project. Bid prices shall not be based on the anticipated approval of a Value Engineering Change Proposal (VECP). Proposals shall be submitted only by the successful bidder after contract award. If a VECP is rejected, the work shall be completed in accordance with the Contract at contract bid prices. Any delay to the project due to a VECP submittal and review shall be considered within the Contractor's control and will be non -excusable with the exception of those delays that are approved as part of the VECP. Proposals shall be categorized as VECP (Category A) or VECP (Category B). VECP (Category A)s will be all proposals that involve the design and construction of a structure including but not limited to a bridge, retaining wall, concrete box culvert, or building. A VECP (Category A) will also include any proposal that would result in a change of original bid items that totals over $250,000. Alternatives investigated and not selected in the project Structural Selection Reports may be presented in a VECP, if significant benefits can be demonstrated to the Engineer. In addition, any design criteria and constraints listed in the Structural Selection Report can not be modified or relaxed as part of a VECP unless significant and previously unknown benefits can be proven to the Engineer. Experimental or demonstration -type design concepts, products, structures, or elements that have not been pre -approved by CDOT, in writing, for general use will be considered a VECP (Category A). Category A proposals will also result in a realized and shared cost savings to CDOT. Cost savings generated to the Contract as a result of VECP offered by the Contractor and accepted by the CDOT shall be shared between the Contractor and the CDOT. All other VECPs that do not meet the previous requirements will be classified as a VECP (Category B). Net cost savings on VECPs that are less than $25,000 can be kept by the Contractor. Net cost savings greater than $25,000 shall be split equally between the Contractor and CDOT as defined in the Basis of Payment section of this specification. Both VECP (Category A) and VECP (Category B) will produce savings to the CDOT or provide improved project quality without impairing essential functions and characteristics of the facility. Essential functions include but are not limited to: service life, requirements for planned future development, prior commitments to governmental agencies or the public, corridor requirements, economy of operation, ease of maintenance, desired appearance, safety, and impacts to the traveling public or to the environment during and after construction. The Contractor may submit either a full VECP or a preliminary Conceptual VECP, followed by a full proposal. These proposals are subject to rejection at any time if they do not meet the criteria outlined in this subsection. (a) Submittal of Conceptual Proposal. For a VECP (Category A) that requires a significant amount of design or other development resources, the Contractor may submit an abbreviated Conceptual Proposal for preliminary evaluation. The Engineer will evaluate the information provided. The Contractor will then be advised in writing if any conditions or parameters of the Conceptual Proposal are found to be grounds for rejection. Preliminary review of a conceptual proposal reduces the Contractor's risk of subsequent rejection but does not commit the CDOT to eventual approval of the full VECP. The following information shall be submitted for each Conceptual Proposal: June 13, 2003 REVISION OF SECTION 601 STRUCTURAL CONCRETE (1) The Contractor will take cores at locations designated by the Engineer. (2) The Engineer will take immediate possession of the cores and submit the cores to a petrographer for examination in accordance with ASTM C 856. (3) All costs associated with coring, transmittal of cores, and petrographic examination shall be born by the Contractor regardless of the outcome of the petrographic examination. (4) Concrete damaged by frost as determined by the petrographic examination shall be removed and replaced at the Contractor's expense. Delete subsection 601.15 and 601.16 and replace with the following: 601.15 Bridge Deck Placing, Consolidating and Finishing. The Contractor shall prepare a written Quality Control Plan (QCP) which defines the quality control measures the Contractor will use to ensure the placing, consolidating, and finishing, curing and weather protection of the bridge deck conforms to the Contract requirements. The Contractor may refer to the Structural Concrete Pre -Pour Conference Agenda in the department's Construction Manual for examples of items that should be included in the QCP. It shall also identify the Contractor's method for ensuring that the provisions of the QCP are met. The Contractor shall submit the QCP to the Engineer for written approval before the pre -pour conference. A Pre -Placement Conference shall be held at a time mutually agreed upon before the initial placement of Class H, Class HT or Class S50 concrete. Representatives of the ready mix producer and the Contractor shall meet with the Engineer to discuss the following topics: (1) Concrete Mix Ingredients and Proportions (cement content, effect of admixtures, etc.) (2) Work Schedule (3) Applicable Specifications and Special Notes (4) Delivery Details (5) Planned Construction Joint Locations (6) Role of All Personnel (7) Construction Details - surface preparation, finish, joint locations, etc. (8) Testing Requirements (9) Acceptance Criteria (10)Contingency Plans for Wind, Rain, Breakdown, etc. (11)Curing Details (a) Surface Preparation. Tops of girders, precast deck panels, pier caps, and abutments that will come into contact with bridge deck concrete shall be heated to raise the temperature above 2°C (35°F) prior to concrete placement. The proposed preheating method is subject to approval by the Engineer. Prior to placement of a Class HT concrete overlay, the deck shall be prepared as follows: 1. Newly Placed Decks or Existing Decks That Have Been Used as the Final Driving Surface. The deck shall be shot blasted in preparation for a mechanically bonded surface. Shot blasting shall remove the upper surface of the deck down to the coarse aggregate, which requires removing approximately 3 to 5 mm (1/8 to 3116 inch) of the concrete. 2. Existing Decks Covered with One or More Layers of Bituminous Pavement. The deck shall be planed in accordance with subsection 202.09 to remove all overlying bituminous pavement, bridge deck membrane, and the upper 6.5 mm (1/4 inch) of the deck concrete. If Class HT concrete is not placed within one week of shot blasting or planing, the area shall then be sandblasted and cleaned of all sand, concrete fragments, dirt, and other foreign material within one week before placement. The area shall be moistened at least two hours before placement in order that the substrate concrete is saturated. The substrate concrete shall be allowed to dry and shall be saturated surface dry and free of visible water at the time of placement. June13,2003 REVISION OF SECTION 601 STRUCTURAL CONCRETE (b) Test Slab. At least 7 days prior to initial placement of Class H, Class HT or Class S50 concrete on or in a deck, the Contractor shall have prepared, placed, and cured one test slab of at least 3 m3 (4 Cu. Yd.) to verify mix design, demonstrate the ability to perform placement, finishing & curing operations, and to check quality control. The test slab shall be approximately the same thickness as the concrete to be placed. Additional test slabs shall be placed as necessary to verify changes in design or procedures at the contractor's expense. Test slabs that are placed as acceptable work in segments of sidewalks, or as approach slabs, or other locations acceptable to the Engineer, will be paid for as the pay item for that element of the contract. (c) Placing. Concrete shall be placed in accordance with the requirements of subsection 601.12 except for the following: Concrete shall be placed in such manner as to require as little rehandling as possible and at sufficient depth to provide adequate material for screeding and finishing operations. The concrete shall be discharged as near its final location as practicable. The pattern of placement shall be such that lateral flow will be minimized. Concrete shall be placed against the leading edge of fresh concrete where practicable. Class H, Class HT and Class S50 concrete shall be placed only when the concrete mix temperature is between 10°C and 270C (50°F and 80°F) at the time of delivery. Class H, Class HT and Class S50 concrete shall not be placed in or on bridge decks when the air temperature exceeds 260C (80°F) and/or the wind velocity exceeds 16 Km/h (10 mph) as determined by a digital thermometer and anemometer provided on site by the Contractor. If the Engineer can determine from the Contractor's data that the evaporation rate is less than 1.0 kg/m2/hr (0.20 Ib/ft2/hr), in accordance with figure 2.1.5 in ACI 305, then Class H and HT concrete may be placed under these conditions. Longitudinal joints for a Class HT concrete overlay will be allowed only at the locations of lane lines and must be approved by the Engineer. Transverse joints may be utilized when the Engineer determines that the work is not progressing in a satisfactory manner, or when required by change in weather conditions. The Engineer may approve transverse joint locations to accommodate phased overlay construction. (d) Consolidating. Consolidation shall conform to subsection 601.12(e) and to the following: The Contractor shall provide suitable mechanical vibrators to disperse the batch at the point of discharge and to densify the concrete within the forms. The bond of fresh concrete to concrete previously placed shall be achieved by vibrating the new concrete together with the old. Immersion vibrators shall operate at a speed of at least 10,000 vibrations per minute in air. Internal vibration may be used along the edges of forms and in areas of congested reinforcing. A combination of immersion vibration and surface consolidation shall be used. (e) Finishing. Following consolidation, the concrete shall be struck off and finished by mechanical longitudinal floating, mechanical rolling, surface vibration, or a combination of any of these methods. Surface vibrators shall be of the low frequency, high -amplitude type, operating at a speed of 3000 to 4500 vibrations per minute. A paver's steel scraping straightedge or lute, 100 mm (4 inch) maximum width, shall be the only hand tool permitted on deck surfaces, except for a minimum use of hand floats and edgers along the forms and in areas where machine finishing cannot be effectively used. Only minimum hand finishing will be permitted. If the surface of the deck slab becomes dry immediately following finishing operations, due to an excessive evaporation rate, it shall be covered with wet burlap or fogged with water covering the entire deck surface using pneumatic atomizing nozzles. The fog spray shall be just enough to retard surface evaporation and shall not change the water -cement ratio. During periods of excessive drying, a cover of wet burlap or plastic sheeting shall be maintained on the slab at all times until final cure is placed. Monomolecular film June 13, 2003 REVISION OF SECTION 601 STRUCTURAL CONCRETE coatings applied to the surface of the slab to retain moisture may be used provided they effectively retard surface evaporation and are adequately maintained until the final cure is placed. Surfaces of bridge decks and bridge approach slabs that will be the final riding surface shall be finished as follows: 1. For the final finish a seamless strip of plastic turf shall be dragged longitudinally over the full width of bridge deck after a seamless strip of burlap or other approved fabric has been dragged longitudinally over the full width of bridge deck to produce a uniform surface of gritty texture. The drags shall be mounted on a bridge other than the bridge to be furnished for department use. The dimensions of the drags shall be such that a strip of material at least 1 m (3 feet) wide is in contact with the full width of pavement surface while each drag is used. The drags shall consist of sufficient material and be maintained in such a condition that the resultant surface finish is of uniform appearance and reasonably free from grooves over 2 mm (1/16 inch) in depth. Where more than one layer of burlap drag is required, the bottom layer shall be approximately 150 mm (6 inches) wider than the layer above. Drags shall be maintained clean and free from encrusted mortar. Drags that cannot be cleaned shall be discarded and new drags installed. 2. Texturing. When posted speeds are 65 km/h (40 mph) or higher, the finish shall be a grooved finish conforming to the following: After the Engineer has accepted the finished surface, and after concrete has cured for at least seven days, the bridge deck surface shall be textured by grooving with a mechanized saw (sawed grooves). Grooving shall be done prior to the application of the concrete sealer. Only multi -blade saw cutting equipment furnished with circular blades may be used. Single blade equipment may be authorized by the Engineer where multi -blade assemblies do not allow sawing a distance one foot from obstructions. The grooving shall be rectangular and conform to the following: Depth: 3 mm ± 1 mm (0 inch ± 1/32 inch) Width: 3 mm ± 1 mm (0 inch ± 1/32 inch) Spacing:20 mm ± 1 mm (3/. inch ± 1/32 inch) center to center Grooves shall be longitudinal and parallel to the centerline of the roadway. Overlapping of grooves by succeeding passes will not be permitted. The grooves shall terminate 0.45 m (1.5 feet) from the face of curb or bridge rail on each side of the overlaid bridge deck. Grooving to bridge joint system. For joint systems that are perpendicular to the roadway centerline, grooving shall extend to 225 mm ± 75 mm (9 inches ± 3 inches) from the armor of the joint. For the joint systems that are not perpendicular to the centerline of the roadway, grooving shall remain parallel to the centerline and shall not be nearer than 150 mm (6 inches) to the joint armor nor farther than 1.2 m (4 feet) from the joint armor. The distance between grooves, from one side to other of the joint system, shall not exceed 1.5 m (5 feet). The Contractor shall maintain the grooving equipment so that aggregate particles or cement build-up on the saws is promptly cleared or cleaned so that the grooves are neat, true and in conformance with the specified dimensions. (0 Surface Smoothness. All Bridge Deck Surfaces. Acceptability of the deck surface will be determined as follows: The Contractor shall furnish a 3 m (10 foot) straightedge or other approved device. When the concrete is sufficiently hard, the Contractor shall test the bridge deck surface with the 3 m (10 foot) straightedge or other approved device. Areas showing high spots of more than 3 mm ('/8 inch) but not exceeding June 13, 2003 10 REVISION OF SECTION 601 STRUCTURAL CONCRETE 12 mm (% inch) in 3 m (10 feet) shall be marked. The marked area shall be immediately ground with an approved grinding tool so that the surface deviation will not be in excess of 3 mm (% inch) 3 m (10 feet). Grinding shall not reduce the concrete cover on reinforcing steel to less than 45 mm (13/4 inches), (70 mm [23/4 inches] for bare decks without an overlay). Decks that require additional corrective action shall be corrected with a concrete overlay approved by the Engineer. All Bridge Deck Final Riding Surfaces. Bare deck, or any concrete overlayed final surface is subject to an incentive payment. The Contractor shall provide the Engineer with the following for incentive payment only: The longitudinal finished surface smoothness of structures and approach slabs including concrete deck and any overlaid surface shall be tested with the profilograph method in accordance with subsection 105.031(b). Bridge Deck shall be subject to an incentive payment in accordance with the following Table 601-3. Incentive Payments will be based on the Lane Profile Index (LPI) before diamond grinding of bumps or any corrective work has been done. TABLE 601-3 BRIDGE DECK SMOOTHNESS (INCHES/MILE) 2.5 mm (0.1 INCH) BLANKING BAND PAVEMENT SMOOTHNESS CATEGORY' INCENTIVE PAYMENTS CORRECTIVE WORK REQUIRED LPI Concrete LPI Concrete (in./mi.) $/sq. d. (mm/km) $/mZ s12 or $1.20 s190 $1.45 ALL BRIDGE 12.1-15 $0.90 191-235 $1.08 In accordance DECKS 15.1-18 $0.60 236-285 $0.72 with subsection 18.1-22 $0.30 286-345 $0.36 601.15(d)l 22.1-25 $0.00 346-395 $0.00 ' This category will be used only on new construction or complete reconstruction of bridge deck. (g) Movable Bridges. Movable bridges or platforms shall be provided by the Contractor and moved as directed to allow the inspectors to work over the freshly placed plastic concrete. A movable bridge shall be kept as close to the finishing screed as practical. The deck of the movable bridges shall be a minimum of 600 mm (24 inches) wide and no more than 600 mm (24 inches) above the surface of the concrete and shall be capable of supporting two people. The Contractor shall provide additional movable bridges as appropriate for the work. (h) Concrete Bridge Sidewalks. Bridge sidewalks shall receive a final transverse broom finish. (i) If cracks in the deck concrete with a width of 0.9 mm (0.035 inches) or greater occur within two weeks of placement, those cracks shall be repaired at the Contractor's expense. Cracks will be measured by the Engineer by insertion of a wire gauge at any time and temperature within the two weeks. The repair shall consist of filling the cracks with a low viscosity, two part, methacrylate or an approved equal. The repair shall be in accordance with the recommendations of the manufacturer of the crack filling material. 601.16 Curing Concrete Bridge Decks. Except for Class H and HT concrete, the minimum curing period shall be 120 hours. The concrete surface shall be kept moist at all times by fogging with an approved atomizing nozzle or applying a monomolecular film coating to retard evaporation until the curing material is in place. For Class H and HT concrete the minimum curing period shall be 168 hours and from May 1 and until September 30 the water cure method as described below shall be used without the membrane forming curing compound. Concrete bridge decks, including bridge curbs and bridge sidewalks shall be cured as follows: June 13, 2003 11 REVISION OF SECTION 601 STRUCTURAL CONCRETE (a) Decks placed from May 1 to September 30 shall be cured by the membrane forming curing compound method followed by the water cure method as follows: Membrane Forming Curing Compound Method. A volatile organic content (VOC) compliant curing compound conforming to AASHTO M 148, Type 2 shall be uniformly applied to the surface of the deck, curbs and sidewalks at the rate of 40 L/100 m2 (1 gallon per 100 square feet). The curing compound shall be applied as a fine spray using power operated spraying equipment. The power operated spraying equipment shall be equipped with an operational pressure gage and a means of controlling the pressure. Before and during application the curing compound shall be kept thoroughly mixed by recirculation or a tank agitator. The application shall be within 6 m (20 feet) of the deck finishing operation. When the finishing operation is discontinued, all finished concrete shall be coated with curing compound within''/2 hour. The curing compound shall be thoroughly mixed within one hour before use. 2. Water Cure Method. The water cure method shall be applied as soon as it can be without marring the surface and shall be continued for five days. The surface of the concrete, including bridge curbs and bridge sidewalks, shall be entirely covered with cotton, burlap, or combination polyethylene sheeting and burlap mats. Approved combinations of a barrier and a water retaining layer may be used. Prior to being placed, the mats shall be thoroughly saturated with water. The mats shall extend at least twice the thickness of the bridge deck beyond the edges of the slab and shall be weighted to remain in contact with the surface. The mats shall remain in contact and be kept wet for a minimum of five days after concrete placement. (b) Decks placed between November 1 and March 31 shall be cured by application of a membrane forming curing compound followed by the blanket method as follows: Membrane Forming Curing Compound Method. This method shall be applied in accordance with 601.16(a)1 above. 2. Blanket Method. Curing blankets with a minimum RValue of 0.5 shall be placed on the deck as soon as they can be without marring the surface. Blankets shall be loosely laid (not stretched) and adjacent edges suitably overlapped with continuous weights along the lapped joints. The blankets shall remain in place for a minimum of five days after placement. (c) Decks placed in April or October may be cured in accordance with either subsection 601.16(a) or 601.16(b) above. (d) For decks placed above an elevation of 2500 m (8,000 feet) above mean sea level, the Engineer may modify the time of year requirements for the cure methods defined in subsection 601.16(a) and 601.16(b) above. (e) Class H, Class HT and Class S50 concrete shall be cured as follows: The concrete surface shall be kept moist at all times by fogging with approved atomizing nozzles until the surface has been covered by the final cure. 2. At lease two atomizing nozzles shall be in operation at all times. A fogging nozzle that has shown acceptable performance is FOGG-IT Waterfog, low volume (7.5 liters per minute), manufactured by Fogg -it Nozzle Co. at P.O. Box 16053, San Francisco, California, 94116, or an approved equal. 3. From October 1 and until April 30 continuous fogging will not be required if the evaporation rate is less than 0.50 kg/m2/hr (0.10 Ib/ft2/hr). Ambient temperatures during initial curing shall be warm enough that the water from fogging does not freeze before insulating blankets are applied. The internal concrete temperature shall be determined by using thermocouples and a continuous recording device. The Contractor shall provide the thermocouples and a continuous recording June 13, 2003 12 REVISION OF SECTION 601 STRUCTURAL CONCRETE device and install the thermocouples at locations designated by the Engineer. The continuous reaecording device connected to the thermocouple shall be calibrated to provide accurate temperature dings. During the cure period the continuous recording device shall be visible, show visible readings, and the Contractor shall continuously monitor the concrete temperature and provide the recorded data to the engineer after the monitoring of temperature for that placement is complete. (f) When the ambient temperature is below 20C (350F), the Contractor shall maintain the internal concrete temperature above 10°C (50°F) during the curing period, except the last 48 hours of the curing period the internal concrete temperature may be kept above 40C (400F). Internal concrete temperature shall be determined by using thermocouples. Thermocouple wire, connectors, and hand held thermometer will be supplied by the Engineer. The Contractor shall install the thermocouples at locations designated by the Engineer. During the curing period, the Contractor shall monitor the enclosure at intervals acceptable to the Engineer. The Contractor shall monitor concrete temperature, and the structural integrity of the enclosure. Artificial heat sources shall not be placed in such a manner as to endanger formwork or expose any area of concrete to drying due to excessive temperatures. During the curing period, for each day that the internal concrete temperature falls below the specified temperature, the protection shall remain in place and one extra day of curing time above 4°C (40°F) shall be added to the original days of protection. If the internal concrete temperature at any location in the bridge deck concrete falls below 0°C (32°F) during the first 24 hours of the curing period, the Engineer may direct the Contractor to core the areas in question at the locations indicated by the Engineer. The Engineer will take immediate possession of the cores. The Engineer will submit the cores to a petrographer for examination in accordance with ASTM C 856. Concrete damaged by frost, as determined by the petrographer, shall be removed and replaced at the Contractor's expense. All costs associated with coring, transmittal of cores, and petrographic examination shall be born by the Contractor regardless of the outcome of the petrographic examination. At the end of the protection period, the protection shall remain in place until it can be removed without permitting the concrete temperature to fall more than 280C (50°F) in a 24-hour period. Sudden changes of temperature shall be prevented. Subsection 601.17 shall include the following: After the curing period for Class HT concrete has elapsed, the overlay shall be "sounded" by the Contractor in accordance with ASTM D 4580 Standard Practice for Measuring Delaminations in Concrete Bridge Decks by Sounding to determine if the Class HT concrete has bonded to the bridge deck. In areas where the Class HT concrete has not bonded to the bridge deck, it shall be removed and replaced at the Contractors expense. Class HT concrete overlays shall not be opened to traffic, including construction traffic, for at least 14 days after placement. At the Engineer's discretion, the overlay may be opened to construction traffic sooner than 14 days but not until after the curing period has elapsed and the average strength of two field cured cylinders has reached 30 MPa (4500 psi). The field cured cylinders shall be made in accordance with AASHTO T 23 Making and Curing Concrete Test Specimens in the Field. Subsection 601.18 shall include the following: Bridge Deck Finish (Sawed Grooves) will be measured by the square meter (square yard). The area includes the length of the bridge and approach slabs, with deductions for areas occupied by expansion devices as specified, multiplied by the width of the roadway between the faces of curb or bridge rail on each side, less 0.9 m (3.0 feet). Bridge Deck Finish (Sawed Grooves) will not be remeasured but will be the quantity shown on the plans. 4,. June 13, 2003 13 REVISION OF SECTION 601 STRUCTURAL CONCRETE Exceptions for each structure will be: (1) when field changes are ordered, or (2) when it is determined that there are discrepancies on the plans in an amount of plus or minus two percent of the plan quantity for the structure. Subsection 601.19, 2nd paragraph shall include the following: Pay Item Pay Unit Bridge Deck Finish (Sawed Grooves) Square Yard Bridge Deck Finish (Sawed Grooves) Square Meter July 21, 1999 I REVISION OF SECTIONS 601 AND 708 STRUCTURAL CONCRETE COATING Sections 601 and 708 of the Standard Specifications are hereby revised for this project as follows: Subsection 601.01 shall include the following: This work includes preparing concrete surfaces designated in the Contract and applying an approved colored Structural Concrete Coating to them. Subsection 601.03 shall include the following: Structural Concrete Coating 708.08 Subsection 601.09(f) shall include the following: All concrete forms for surfaces to which Structural Concrete Coating is to be applied shall be treated with a water based concrete form release agent prior to placing reinforcement. In Subsection 601.14 (a) delete the third paragraph and replace with the following: Structural Concrete Coating shall be the final finish for all concrete surfaces designated on the plans and in these specifications. Delete Subsection 601.14(b)4. and replace with the following: 4. Structural Concrete Coating. Unless otherwise shown on the plans, the coating shall be applied to all exposed concrete elements of the structure above the ground line, including the tops of all pier caps and abutment seats, and shall extend 300 mm (1 foot) below the finished ground line. Bridge bearing devices, curb and barrier cover plates, fence, and steel bridge rail shall be masked or otherwise protected to prevent structural concrete coating from coming into contact with them. The final color of the Structural Concrete Coating shall have the Engineer's written approval prior to batching and application on the project. Approval of the final color of the coating will be determined by the Engineer as follows: (1) A 300 mm (1 foot)by 300 mm (1 foot) sample of each color required by the plans, shall be submitted to the Engineer. The sample coating shall be applied to surfaces similar in texture to the concrete surfaces to which the coating will be applied on the project. The sample coating shall be applied by the same methods to be used in field application. (2) At least three weeks prior to beginning application of the Structural Concrete Coating, 10 m2 (100 square foot) test panels shall be prepared for each color selected by the Engineer. The test panels shall be produced on the actual concrete surface on which the final product will be placed, at a location designated by the Engineer where all the required color and texture combinations may be viewed adjacent to each other. The coatings shall be applied to the test panels by the same methods to be used in the final field application. The Engineer shall be allowed one week after application of the last test panel for review and approval. Concrete surfaces to which the structural concrete coating will be applied shall be prepared as follows: (1) Following curing of the concrete in accordance with Subsection 601.13, all projections and bulges shall be removed and the surface sandblasted. Sandblasting shall profile the concrete surface, remove all form release agents, and all other deleterious materials that would inhibit the bond of the Structural Concrete Coating. The profile of the sandblasted concrete surface shall be equivalent to Concrete Surface Profile Three (CSP 3) as defined in Technical Guideline No. 03732, " Selecting and Specifying Concrete Surface Preparation for Sealers, Coatings, and Polymer Overlays" by the International Concrete Repair Institute. The Contractor shall provide a CSP 3 chip for use on the project. (2) A mortar mix, proportioned by volume, consisting of one part portland cement, two to three parts sand (conforming to the requirements of ASTM C 144), and an approved bonding agent shall be used to patch July21, 1999 2 REVISION OF SECTIONS 601 AND 708 STRUCTURAL CONCRETE COATING all holes produced by form ties, honeycombing, voids 13mm C/2 inch) or larger in any dimension, broken corners and edges, and other defects. The mortar mix shall include an approved bonding agent. The quantity, and application procedure of the bonding agent shall be in accordance with the recommendations of the manufacturer of the bonding agent. Areas to be patched shall be moistened with water before the mortar is applied, and the patched area shall be float finished and left flush with the concrete surface without checking or cracking of patches. Patching shall be done when the ambient temperature is at least 4 °C (40 OF). Holes deeper than 19 mm (3/4 inch) shall be filled in layers that do not exceed 19 mm (3/4 inch) in thickness. (3) Within 24 hours prior to applying Structural Concrete Coating, the concrete surface to be coated shall be cleaned by water blasting at a minimum pressure of 21 MPa (3,000 psi) to remove dust, dirt, and other materials that would inhibit bonding of the coating. If the surface is contaminated before application of the coating, it shall be recleaned as required prior to application of the coating. New concrete shall be at least 28 days old or as approved in writing by the coating manufacturer before the coating is applied. The coating shall be applied at a rate that will provide a minimum dry film thickness of 255 to 305 micrometers (10 to 12 mils) without texturing agent. The coating shall be mixed by a mechanical mixer and applied by spraying. Workmanship shall be such that the final coated surface is colored and textured uniformly and presents a pleasing appearance. All areas determined by the Engineer to be insufficiently coated shall be recoated. The coating shall be applied only when the ambient temperature is between 4 °C (40 OF) and 32 °C (90 OF), and is anticipated to remain above 4 °C (40 OF) for a minimum of twenty-four hours. The surface to be coated shall be dry and free of frost. Subsection 601.18 shall include the following: Structural Concrete Coating will not be remeasured but shall be the surface area quantity shown on the plans; except that measurements will be made when field changes are ordered, or for an error of plus or minus five percent of the plan quantity for each structure to be coated. Subsection 601.19 shall include the following: The accepted quantities of Structural Concrete Coating will be paid for at the contract unit price per unit of measurement for the Pay Items listed below. Payment will be made under: Pay Item Pay Unit Structural Concrete Coating Square Meter (Square Yard) Payment shall be full compensation for all work and materials necessary to complete the item and shall include, but is not limited to: (1) Water based form release agent. (2) Sample preparation. (3) Abrasive blasting. (4) Patching materials and application. (5) Structural Concrete Coating and application. When requested by the Engineer, the Contractor shall provide the Engineer with a certified invoice from the coating supplier indicating the total volume of Structural Concrete Coating supplied to the project. Delete Subsection 708.08 and replace with the following: 708.08 Structural Concrete Coating. The Coating shall be a one -component, high -build, non -vapor barrier, 100% acrylic emulsion in water, and a texturing agent. July 21, 1999 3 REVISION OF SECTIONS 601 AND 708 STRUCTURAL CONCRETE COATING MINIMUM PHYSICAL PROPERTIES Solids by Weight 48 percent (Without texturing agent) Solids by Volume 36 percent (Without texturing agent) Weight per liter 1.0 kgA (8.3 Ibs/gal) (Without texturing agent) Texturing Agent 0.38 to 0.46 kg/I (3.2 to 3.8 Ibs/gal), No. 40 to 60 Ottawa sand or equivalent All coating material shall be delivered to the project site in sealed containers bearing the manufacturer's original labels. A material safety data sheet (MSDS) prepared in accordance with Federal Standard 313 and a complete set of manufacturers mixing and application instructions shall be submitted to the Engineer before the Contractor begins applying the coating. May 26, 2005 -2- REVISION OF SECTION 104 VALUE ENGINEERING CHANGE PROPOSALS (1) Statement that the proposal is submitted as a Conceptual VECP (2) General description of the difference between the existing Contract and the proposed change, and the advantages and disadvantages of each, including effects on service life, requirements for planned future development, prior commitments to governmental agencies or the public, corridor requirements, economy of operation, ease of maintenance, desired appearance, safety, and impacts to the traveling public or to the environment during and after construction. The Contractor shall request in writing the necessary information from the Engineer. (3) One set of conceptual plans and a description of proposed changes to the Contract specifications (4) Estimate of the anticipated cost savings or increase (5) Statement specifying the following: (I) when a response to the conceptual proposal from the CDOT is required to avoid delays to the existing contract prosecution the amount of time necessary to develop the full Proposal (ill) the date by which a Contract Modification Order must be executed to obtain maximum benefit from the Proposal (iV)the Proposal's impact on time for completing the Contract (b) Submittal of Full Value Engineering Change Proposal. The following materials and information shall be submitted for both a CategoryA and VECP (Category 13): (1) A statement that the proposal is submitted as a VECP: (2) A description of the difference between the existing Contract and the proposed change, and the advantages and disadvantages of each, including effects on service life, requirements for planned future development, prior commitments to governmental agencies or the public, corridor requirements, economy of operation, ease and cost of maintenance, desired appearance, safety, and impacts to the traveling public or to the environment during and after construction. . The Contractor shall request in writing the necessary information from the Engineer. (3) A complete set of plans and specifications showing the proposed revisions relative to the original Contract. This portion of the submittal shall include design notes and construction details. The proposed plans and specifications shall be signed and sealed by the Contractor's Engineer. (4) A cost comparison, summarizing all of the items that the proposed VECP replaces, reduces, eliminates, adds, or otherwise changes from the original Contract work, including all impacts to traffic control, detours and all other changes. The cost comparison shall not include cost savings resulting from purportedly decreased inspection or testing requirements, or CDOT overhead; All costs and proposed unit prices shall be documented by the Contractor. (5) A statement specifying the date by which a Contract Modification Order must be executed to obtain the maximum cost reduction during the remainder of the Contract and the date when a response from the CDOT is required to avoid delays to the prosecution of the Contract. March 4, 2002 REVISION OF SECTION 602 INSTALLATION OF TIE WIRE Section 602 of the Standard Specifications is hereby revised for this project as follows: Subsection 602.06, eighth paragraph, shall include the following: Automated tie wire devices may be used. The total cross -sectional area of the automated tie wire wrap shall roughly equal the total cross -sectional area of a manually installed tie wire wrap. The tie wire shall be epoxy coated or plastic coated for use with epoxy coated reinforcing steel. All epoxy coating on the reinforcing steel that is damaged from the use of automated tie wire devices shall be repaired at the Contractor's expense. May 26, 2005 1 SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows Delete subsection 630.10 and replace with the following: 630.10 Traffic Control Management. The Contractor shall designate an individual, other than the superintendent, to be the traffic control supervisor. The traffic control supervisor shall be certified as a worksite traffic supervisor by either the American Traffic Safety Services Association (ATSSA) or the Colorado Contractors Association (CCA), and shall have a current Department flagger's certificate. A copy of the traffic control supervisor's certifications shall be provided to the Engineer at the preconstruction conference. The Contractor's Superintendent and all others serving in a similar supervisory capacity shall have completed a CDOT-approved two-day Traffic Control Supervisor training as offered by the CCA. The one — day CCA Traffic Control Technician (TCT) training along with the two-day ATSSA Traffic Control Supervisor training will serve as an alternate. If the alternate is chosen, the Contractor shall provide written evidence that at least an 80 percent score was achieved in both of the two training classes. The certifications of completion or certifications of achievement for all appropriate staff shall be submitted to the Engineer at the preconstruction conference. The traffic control supervisor's duties shall include: (1) Preparing, revising, and implementing each required method of handling traffic in accordance with the traffic control plan. (2) Directly supervising project flaggers. (3) Coordinating all traffic control operations, including those of subcontractors and suppliers. (4) Coordinating project activities with appropriate police and fire control agencies. (5) Preparing a traffic control diary on every calendar day traffic control devices are in use. This diary shall be submitted to the Engineer daily and become a part of the Department's project records. The diary shall include the following information as a minimum: (i) Date (ii) For Traffic Control Inspection, the time of the inspection (iii) Project number (iv) Traffic Control Supervisor's name (v) Description of traffic control operations (lane closures, shoulder closures, pilot car operations, detours, etc.) including location, setup and takedown time, and approved method of handling traffic (MHT) number (vi) Types and quantities of traffic control devices used per approved MHT (vii) List of flaggers and uniformed traffic control (UTC) used, including start time, stop time, and number of flagging hours and UTC hours used (viii) Traffic control problems (traffic accidents; damaged, missing or dirty devices, etc.) and corrective action taken (6) Inspecting traffic control devices on every calendar day that traffic control devices are in use, masked, or turned away from traffic. These inspections shall include at least one night inspection per week. The TCS or another representative who is certified as a work site traffic supervisor shall perform these inspections. (7) Insuring that traffic control devices are functioning as required. (8) Overseeing all requirements covered by the Contract which contribute to the convenience, safety and orderly movement of traffic. Have an up-to-date copy of the MUTCD and applicable standards and specifications available at all times on the project. (9) Attending all project scheduling meetings. (10) Supervising the cleaning and maintenance of all traffic control devices. A certified worksite traffic supervisor shall provide traffic control management (TCM) on a 24-hour-per-day basis. The traffic control supervisor (TCS) or another representative who is certified as a work site traffic supervisor shall be available and reasonably accessible to the job site on every working day, on call at all times, and available upon the Engineer's request at other than normal working hours. During non -work periods, the TCS or another May 26, 2005 2 SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL representative shall respond to the job site within 45 minutes. When another representative responds, the TCS or another representative who is certified as a work site traffic supervisor shall arrive at the job site within two hours after notification. The Contractor shall maintain a 24-hour telephone number at which the TCS can be contacted. The TCS shall not act as a flagger except in an emergency or in relief for short periods of time. Delete subsection 630.14 and replace with the following: 630.14 Quantities to be measured for construction traffic control devices shall be the number of units of the various sizes and descriptions listed below. Construction Traffic Signs: Panel Size A: Up to 1 m2 (0.01 to 9.00 Square Feet) including Type 1 and Type 2 Barricades. Panel Size B: Over 1 to 1.5 m2 (9.01 to 16.00 Square Feet) Panel Size C: Over 1.5 m2. (16.01 Square Feet and over) Special: As shown on the plans The total number of traffic control devices of each type on the schedule and approved subsequent modified schedules shall be the maximum number approved for payment. Traffic channelizing devices consisting of vertical panel, traffic cones, or drum channelizing device will be measured by the unit. Concrete barriers will be measured by the meter (linear foot). Barricades will be measured by the number used. Barricade warning lights shall be furnished as a part of this item when required by the Traffic Control Plan (TCP). Advance Warning Flashing or Sequencing Arrow Panels will be measured by the unit according to size. The flashing beacon (portable) will be measured as a unit complete in place. Sign panel will be paid for under the appropriate item. The quantity to be measured for Traffic Control Management will be the number of authorized 24-hour days of active TCM performed by the TCS or another representative certified as a work site traffic supervisor. Payment will be made for one day of Traffic Control Management regardless of the number of TCSs required to adequately control the work. An authorized 24-hour day of active TCM will be every calendar day on which active traffic control occurs in accordance with an approved MHT. This includes activities such as flagging operations, pilot car operations, and setting up or removal of construction zones, shoulder closures, lane closures or detours. Traffic control devices that are left in place during non -working hours, including configurations such as lane closures, temporary channelization or detours, are not considered active traffic control. The quantity to be measured for Traffic Control Inspection will be the number of authorized 24-hour days of traffic control inspection (TCI) performed by the TCS or another representative certified as a work site traffic supervisor. An authorized 24-hour day of TCI shall be every calendar day that traffic control devices as shown in the MHT are in use, masked, or turned away from traffic on the project, and the only traffic control activity is the inspection of traffic control devices. Resetting, repairing, or replacing traffic control devices is considered maintenance of the devices. Cleaning and maintaining of traffic control devices are not considered traffic control activities subsidiary to the Traffic Control Management, Traffic Control Inspection or flagging pay items. Payment will be made for either Traffic Control Management or Traffic Control Inspection for every calendar day that traffic control devices as shown in the MHT are in use, masked, or turned away from traffic on the project. Payment will not be made for both items for the same calendar day. Work on a night shift that begins before midnight and ends after midnight will be considered as occurring on the calendar day on which the shift ends. May 26, 2005 3 SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL The quantity to be measured for flagging will be the total number of actual flagging hours that are used as authorized in accordance with an approved MHT. Payment will not be made for time spent by flaggers to set up and take dwon construction traffic control devices. The quantity to be measured for pilot car operation will be the total number of hours that pilot car operation is used as authorized. Hours of flagging and hours of pilot car operation in excess of those authorized shall be at the Contractor's expense. Delete subsection 630.15 and replace with the following: 630.15 Payment for the individual traffic control devices necessary to complete the work shall be full compensation for furnishing, erecting, cleaning, maintaining, resetting, repairing, replacing, moving, removing, and disposing of the construction traffic control devices. All construction traffic control devices that are not permanently incorporated into the project will remain the property of the Contractor. Construction traffic control devices, as determined by the project traffic control plan (TCP), will be paid for as follows: 50 percent of the accepted amount upon first utilization, an additional 40 percent of the accepted amount when 75 percent of the original contract amount has been earned, and the final 10 percent when the project has been completed in accordance with subsection 105.16, exclusive of any maintenance periods. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Payment will be made under: Item Pay Unit Square Meter (Square Panel (With Light) (Flashing) Each Advance Warning Flashing or Sequencing Arrow Panel (_Type) Each Traffic Cone Each Channelizing Device (Fixed) Each Delineator (Type_) (Temporary) Each Traffic Control Flagging Hour Flashing Beacon (Portable) Each The Contractor shall agree to quantities for the following items on a weekly basis when signing the CDOT Form 7 — Weekly Report of Miscellaneous Pay Items: Traffic Control Flagging Hour May 26, 2005 4 SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Construction Traffic Sign (Special) is a project specific sign indicated on the Schedule of Construction Traffic Control Devices. When Traffic Control Management and Traffic Control Inspection are not pay items, traffic control management will not be paid for separately, but shall be included in the work. Flagger hand devices will not be measured and paid for separately, but shall be included in the work. Cost of electrical power, including batteries, for all temporary lighting or warning devices shown on the TCP will not be paid for separately but will be considered subsidiary to the item. Temporary masking signs, including the covering materials and fastening devices, will not be measured and paid for separately but shall be included in the work. The Contractor may provide larger construction traffic signs than those shown on the plans, if approved; however, payment will be made for the panel size designated. If the Contractor fails to complete construction within the approved contract time, no payment will be made for the use of Section 630 pay items for the period of time after expiration of the approved contract time. These items shall be provided at the Contractor's expense. Cleaning and patching of the roadway after removal of the Channelizing Device (Fixed) will not be paid for separately, but shall be included in the work. October 14, 2003 REVISION OF SECTION 630 METHOD OF HANDLING TRAFFIC Section 630 of the Standard Specifications is hereby revised for this project as follows: Subsection 630.09 shall include the following: (7) The Contractor shall provide verification by field survey that the vertical clearances for structures in all areas covered by a proposed MHT meet or exceed the minimum clearances shown in Table 630-2. If the vertical clearance is less than what is shown for the particular condition in Table 630-2, the Contractor shall identify the location where this clearance cannot be met, and provide an appropriate signing plan.' This information shall be included in the MHT and shall be submitted to the Engineer for approval a minimum of five days before the MHT is implemented. (8) The Contractor shall provide verification by field survey that the total driving lane plus shoulder in all areas covered by a proposed MHT is at least 17 feet.Z If this width cannot be maintained, the Contractor shall identify the location where this clearance cannot be met, and provide an appropriate signing plan. This information shall be included in the MHT and shall be submitted to the Engineer for approval a minimum of five days before the MHT is implemented. TABLE 630-2 VERTICAL CLEARANCES TO STRUCTURES Highway Underpasses Railway Underpasses Overhead Wires Local Rural Roads 14 Feet 23 Feet° 5 Local Urban Streets Rural Collectors Urban Collectors Rural Arterial 16 Feet3 Urban Arterial Freeways 1 If the existing vertical clearance is already less than what is shown in Table 630-2, the Contractor shall identify the location, but a signing plan will only be required if the clearance is to be reduced further. 2 If the existing width is already less than 17 feet, the Contractor shall identify the location, but a signing plan will only be required if the width is to be reduced further. 3 Vertical clearance to sign trusses and pedestrian overpasses shall be 17 feet 4 Measured from top of rail to bottom of highway structure. All railway clearances are subject to the individual railroad's approval. 5 Communication and power lines of: 0 to 750 volts 18 Feet 750 to 22,000 volts 20 Feet 22,000 to 50,000 volts 22 Feet For voltages over 50,000 volts, increase clearance''/z inch for each 1000 volts over 50,000. August 26, 2004 REVISION OF SECTION 630 NCHRP 350 REQUIREMENTS Section 630 of the Standard Specifications is hereby revised for this project as follows: In subsection 630.01 delete the 2nd sentence: Subsection 630.08 shall include the following: Work zone devices designated by FHWA as category I, including but not limited to single -piece drums, tubes, cones and delineators shall meet NCHRP 350 crash test requirements. The Contractor shall obtain and present to the Engineer the manufacturer's written NCHRP 350 certification for each type of category I device before it is first used on the project. Work zone devices designated by FHWA as category II, including but not limited to barricades, vertical panels with light, drums or cones with light, portable sign supports, intrusion detectors and type III barricades shall meet NCHRP 350 crash test requirements. However, the Contractor may use category II devices originally purchased prior to October 1, 2000 in accordance with Table 630-2. The Contractor shall obtain and present to the Engineer the manufacturer's written NCHRP 350 certification for each type of category II device or shall certify that the category II device was originally purchased prior to October 1, 2000 before it is first used on the project. Work zone devices designated by FHWA as category III, including but not limited to concrete barriers, fixed sign supports, crash cushions, and other work zone devices not meeting the definitions of Category I or II shall meet NCHRP 350 crash test requirements. However, the Contractor may use category III devices originally purchased prior to October 1, 2002 in accordance with Table 630-2. The Contractor shall obtain and present to the Engineer the manufacturer's written NCHRP 350 certification for each type of category III device or shall certify that the category III device was originally purchased prior to October 1, 2002 before it is first used on the project. Work zone devices that do not meet NCHRP 350 requirements shall not be used after the phase out date. Table 630-2 Phased Implementation of Work Zone Devices WORK ZONE DEVICES COMPLIANCE DATE PHASE OUT DATE Category I October 1, 1998 for new installations. N/A Category II October 1, 2000 for new installations. All devices must be in Existing devices may be used until service compliance by January 1, life is exhausted or until phase -out date, 2005. whichever comes first. Category III October 1, 2002 for new installations. All devices shall meet Existing devices may be used until service NCHRP 350 compliance life is exhausted or until phase -out date, by January 1, 2006. whichever comes first. Exceptions: (see below Category III Exception: Manufactured and purchased prior to January 1, 2006 Temporary Concrete Barriers October 1, 2002 may be used for temporary - Type 4 (Obsolete) installations on projects advertised before 1/l/2006 but may NOT be used for permanent installations. Category III Exception: Units manufactured and purchased after N/A Temporary Concrete Barriers October 1, 2002 must meet new standard. - New Standard: Type 7 F-shape Category III Exception: October 1, 1998 for new installations NA Truck -mounted Attenuators & Work Zone Crash Cushions May 26, 2005 REVISION OF SECTION 630 PORTABLE SIGN STORAGE Section 630 of the Standard Specifications is hereby revised for this project as follows: In subsection 630.12, first paragraph, delete the fifth sentence and replace with the following: When storing portable signs or supports within the project they shall be removed beyond the clear zone and shall not be visible to traffic. All storage areas shall be approved. The minimum clear zone distance shall be 18 feet, measured from the edge of traveled way. If the signs cannot be stored at least 18 feet from the traveled way, they shall be removed. Under no circumstances shall signs be stored on the paved surface. March 6, 2003 -1- REVISION OF SECTION 701 HYDRAULIC CEMENT Section 701 of the Standard Specification is hereby deleted for this project and replaced with the following: 701.01 Portland Cement. Portland cement shall conform to the requirements of the following specifications for the type specified or permitted: Masonary Cement Portland Cement Blended Hydraulic Cement Hydraulic Cement ASTM C 91 ASTM C 150 ASTM C 595 ASTM C 1157 In addition to the standard chemical requirements for portland cement in ASTM C 150, the maximum percent of equivalent alkalis (Na2O + 0.658 K2O) shall not exceed 0.90 percent. Where either Type I or Type II portland cement is required, blended hydraulic cement conforming to ASTM C 595 Type IP or Type IP(MS) may be used, except that the blended cement shall consist of no less than 70 percent portland cement. Where Type II portland cement is required, blended hydraulic cement conforming to ASTM C 595 Type IP(MS) may be used, except that the blended cement shall consist of no less than 70 percent portland cement. Where blended hydraulic cement is used the substitution of fly ash for the blended hydraulic cement is not allowed. For concrete where Class F fly ash is required, blended hydraulic cement conforming to ASTM C 595 Type IP or Type IP(MS) may be used, except that the blended cement shall consist of no less than 70 percent portland cement and no less than 20 percent Class F fly ash by weight. The weight of blended hydraulic cement must equal the weight of portland cement plus fly ash. Where either Type I or Type II portland cement is required, hydraulic cement conforming to ASTM C 1157 Type GU or Type MS may be used. Where Type II portland cement is required, hydraulic cement conforming to ASTM C 1157 Type MS may be used. Where Type V portland cement is is required one of the following may be used: (1) Type II portland cement with no more than 5.0 percent C3A content and no more than 25.0 percent [C4AF + 2(C3A)]. (2) Type II portland cement with no more than 0.040% expansion at 14 days when tested in accordance with ASTM C 452. (3) Type II portland cement with at least 15 percent of the cement replaced with an approved Type F fly ash. (4) ASTM C 595 Type IP(MS) blended hydraulic cement consisting of no less than 70 percent portland cement and at least 15 percent Type F fly ash. (5) ASTM C 1157 Type HS hydraulic cement. Cement shall be from a preapproved source listed on the department's Approved Products List. The cement intended for use on the project shall have been tested and accepted prior to its use. Certified Test Reports showing that the cement meets the specification requirements and supporting this statement with actual test results shall be submitted to the Engineer. The cement shall be subject to sampling and testing by the department. Test results that do not meet the physical and chemical requirements may result in the suspension of the use of the cement until the corrections necessary have been taken to insure that the material meets the specifications. The Contractor shall provide suitable means for storing and protecting the cement against dampness. Cement which, for an reason, has become partially set or which contains lumps of caked cement shall not be used. Cement salvaged from discarded or used bags shall not be used. March 6, 2003 -2- REVISION OF SECTION 701 HYDRAULIC CEMENT 701.02 Fly Ash. Fly ash for concrete shall conform to the requirements of ASTM C 618, Class C or Class F. All chemical requirements of ASTM C 618 Table 1 shall apply with the folowing exceptions: (1) Footnote A shall not apply. (2) Loss on Ignition shall not exceed 3.0 percent. Class C fly ash will not be permitted in concrete where Type V portland cement is required. Fly ash shall be from a preapproved source listed on the Department's Approved Products List. The fly ash intended for use on the project shall have been tested and accepted prior to its use. Certified Test Reports showing that the fly ash meets the specification requirements and supporting this statement with actual test results shall be submitted to the Engineer. Preapproval shall include submission of a report from the supplier documenting the results of testing the fly ash from that source in accordance with the Toxicity Characteristic Leaching Procedure (TCLP) described in 40 CFR 261, Appendix Il. The report shall include the results of TCLP testing for heavy metals and other contaminants found in the fly ash. The report shall list the contaminants tested, and the allowable levels for each contaminant tested. A new report shall be submitted for each preapproved source annually. Additional TCLP testing may be required when the department suspects that the fly ash source may have been contaminated. The fly ash shall be subject to sampling and testing by the Department. Test results that do not meet the physical and chemical requirements may result in the suspension of the use of fly ash until the corrections necessary have been taken to insure that the material meets the specifications. 701.03 Silica Fume. Silica fume for concrete shall conform to the requirements of ASTM C 1240. Silica Fume shall be from a preapproved source listed on the Department's Approved Products List. The silica fume intended for use on the project shall have been tested and accepted prior to its use. Certified Test Reports showing that the silica fume meets the specification requirements and supporting this statement with actual test results shall be submitted to the Engineer. The certification for silica fume shall state the solids content if the silica fume admixture is furnished as slurry. The silica fume shall be subject to sampling and testing by the Department. Test results that do not meet the physical and chemical requirements may result in the suspension of the use of the silica fume until the corrections necessary have been taken to insure that the material meets the specifications. May 26, 2005 -3- REVISION OF SECTION 104 VALUE ENGINEERING CHANGE PROPOSALS (6) A statement detailing the effect the Proposal will have on the time for completing the Contract. (7) A description of any previous use or testing of the proposed changes and the conditions and results. If the Proposal was previously submitted on another CDOT project, the proposal shall indicate the date, Contract number, and the action taken by the CDOT. (8) An estimate of any effects the VECP will have on other costs to the CDOT. (9) A statement of life cycle costs, when appropriate. Life cycle costs will not be considered as part of cost savings but shall be calculated for additional support of the Proposal. A discount rate of four percent shall be used for life cycle calculations. (c) Evaluation. VECP will be evaluated by CDOT in accordance with the CDOT Construction Manual. Additional information needed to evaluate Proposals shall be provided in a timely manner. Untimely submittal of additional information will result in rejection of the Proposal. Where design changes are proposed, the additional information shall include results of field investigations and surveys, design and computations, and changed plan sheets required to develop the design changes. 1. The Engineer will determine if a Proposal qualifies for consideration and evaluation. The Engineer may reject any Proposal that requires excessive time or costs for review, evaluation, or investigation. The Engineer may reject proposals that are not consistent with the CDOT's design and criteria for the project. 2. VECP, whether or not approved by the CDOT, apply only to the ongoing Contracts referenced in the Proposal and become the property of the CDOT. Proposals shall contain no restrictions imposed by the Contractor on their use or disclosure. The CDOT has the right to use, duplicate and disclose in whole or in part any data necessary for the utilization of the Proposal. The CDOT retains the right to utilize any accepted Proposal or part thereof on other projects without obligation to the Contractor. This provision is subject to rights provided by law with respect to patented materials or processes. 3. If the CDOT is already considering revisions to the Contract or has approved changes in the Contract that are subsequently proposed in a VECP, the Engineer will reject the Proposal and may proceed to implement these changes without obligation to the Contractor. 4. The Contractor shall have no claim against the CDOT for additional costs or delays resulting from the rejection or untimely acceptance of a VECP. These costs include but are not limited to: development costs, loss of anticipated profits, increased material or labor costs, or untimely response. 5. Proposals will be rejected if equivalent options are already provided in the Contract. 6. Proposals that only reduce or eliminate contract pay items will be rejected. 7. The cost savings and other benefits generated by the Proposal must be sufficient to warrant review and processing, as determined by the Engineer. 8. A proposal changing the type or thickness of the pavement structure will be rejected. 9. No VECP proposal can be used to alter incentive and disincentive rates and maximums on A+B projects. March 6, 2003 REVISION OF SECTION 703 CONCRETE AGGREGATES Section 703 of the Standard Specifications is hereby revised for this project as follows: In subsection 703.00, delete Table 703-1 and replace with the following: Table 703-1 Concrete Aggregate Gradation Table, Percentages Passing Designated Sieves and Nominal SiiP nPsinnntinn Coarse Aggregates (From AASHTO M 43) Fine Aggregat e No.3 No.357 No.4 No.467 No.57 No.6 No.67 No.7 No.8 AASHTO M6 Sieve 50 mm 50 mm 37.5 mm 37.5 mm 25.0 mm 19.0 mm 19.0 mm 12.5 mm 9.5 mm 4.75 mm Size to 25.0 to 4.75 to 19.0 to 4.75 to 4.75 to 9.5 to 4.75 to 4.75 to 2.36 to 150 um mm (2" mm (2" mm (1'/" mm (1%" mm (1" mm (3/4" mm ('/." mm (W mm (3/a" (#4 to to 1") to #4) to 3/4" to #4 to #4 to'/e " to #4 to #4 to #8 #100 63 mm (2/2. 100 100 50 mm (2") 90 - 100 95 - 100 100 100 37.5 mm (1 %. 35 - 70 90 - 100 95 -100 100 25.0 mm (1" 0 - 15 35 - 70 20 - 55 95 - 100 100 100 19.0 mm (3/" 0 - 15 35 - 70 90 - 100 90 - 100 100 12.5 mm A" 0-5 10-30 25-60 20-55 90-100 100 9%bmm 0-5 10-30 0-15 20-55 40-70 85-100 100 4.75 mm (#4 0-5 0-5 0-10 0-5 0-10 0-15 10-30 95-100 2.36 mm #8 0-5 0-5 0-5 0-10 80-100 1.18 mm (#16) 0-5 50-85 600 um (#30) 25 - 60 300 um (#50 10 - 30 150 um In subsection 703.01, delete the last sentence and replace with the following: The fineness modulus, as determined by AASHTO T 27, shall not be less than 2.50 nor greater that 3.50 unless otherwise approved. December 20, 2001 REVISION OF SECTION 706 CONCRETE PEPE Section 706 of the Standard Specifications is hereby revised for this project as follows: Subsections 706.01, 706.02, 706.03, and 706.07 shall include the following: Pipe shall be obtained from a manufacturer that is a current plant quality certified member of the American Concrete Pipe Association (ACPA), meeting all current ACPA requirements for this certification. A copy of the ACPA certification shall be submitted to the Engineer prior to delivery of the pipe. July21, 1999 I AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY A. AFFIRMATIVE ACTION REQUIREMENTS Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) 1. The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area are as follows: Goals and Timetable for Minority Utilization Timetable - Until Further Notice Economic Standard Metropolitan Counties Goal Area Statistical Area (SMSA) Involved 157 2080 Denver -Boulder Adams, Arapahoe, Boulder, Denver, (Denver) Dou las, Gil in, Jefferson ................... 13.8% 2670 Fort Collins Larimer................................................ 6.9% 3060 Greeley Weld .................................................... 13.1% Non SMSA Counties Cheyenne, Clear Creek, Elbert, Grand, Kit Carson, Logan, Morgan, Park, Phillips, Sedgwick, Summit, Washin ton & Yuma ............................ 12.8% 158 1720 Colorado Springs El Paso, Teller ..................................... 10.9% (Colo. Spgs. - 6560 Pueblo Pueblo ................................................. 27.5% Pueblo) Non SMSA Counties Alamosa, Baca, Bent, Chaffee, Conejos, Costilla, Crowley, Custer, Fremont, Huerfano, Kiowa, Lake, Las Animas, Lincoln, Mineral, Otero, Prowers, Rio Grande, Sa uache........ 19.0% 159 Non SMSA Archuleta, Delta, Dolores, Eagle, (Grand Junction) Garfield, Gunnison, Hinsdale, La Plata, Mesa, Moffat, Montezuma, Montrose, Ouray, Pitkin, Rio Blanco, Routt, San Juan, San Miguel 10.2% 156 (Cheyenne - Non SMSA Jackson County, Colorado .................. 7.5% Casper WY) GOALS AND TIMETABLES FOR FEMALE UTILIZATION Until Further Notice ............. ......... ........... .......... ....... ....... .............. .......... ..................................... 6.9% -- Statewide July21, 1999 2 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non -federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts meet the goals established for the geographical area where the contract resulting form this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Par 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this specification, and in the contract resulting from this solicitation, the "covered area" is the county or counties shown on the Invitation for Bids and on the plans. In cases where the work is in two or more counties covered by differing percentage goals, the highest percentage will govern. July21, 1999 3 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY B. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 1. As used in these Specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes; (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractor toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered Construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any office of Federal Contract Compliance Programs Office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. July21, 1999 4 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following; a. Ensure and maintain a working environment free of harassment, intimidation , and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its union have employment opportunities available, and maintain a record of the organization's responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source of community organization and of what action was taken with respect to each individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when he Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc., by specific review of the policy with all management personnel and with all minority and female employees at least once a year, and by posting the Contractor's EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. July 21, 1999 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY g. Review, at least annually, the Contractor's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foreman, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc. such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and Contractor's activities are nonsegregated except that separate or single - user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligation. July 21, 1999 6 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor - union contractor -community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goal and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even thought the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13 The Contractor in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form, however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). July 21, 1999 7 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY C. SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES. 1. General. a. Equal employment opportunity requirements not to discriminate and to take affirmative action to assure equal employment opportunity as required by Executive Order 11246 and Executive Order 11375 are set forth in Required Contract. Provisions (Form FHWA 1273 or 1316, as appropriate) and these Special Provisions which are imposed pursuant to Section 140 of Title 23, U.S.C., as established by Section 22 of the Federal -Aid highway Act of 1968. The requirements set forth in these Special Provisions shall constitute the specific affirmative action requirements for project activities under this contract and supplement the equal employment opportunity requirements set forth in the Required Contract provisions. b. The Contractor will work with the State highway agencies and the Federal Government in carrying out equal employment opportunity obligations and in their review of his/her activities under the contract. c. The Contractor and all his/her subcontractors holding subcontracts not including material suppliers, of $10,000 or more, will comply with the following minimum specific requirement activities of equal employment opportunity: (The equal employment opportunity requirements of Executive Order 11246, as set forth in Volume 6, Chapter 4, Section 1, Subsection 1 of the Federal -Aid Highway Program Manual, are applicable to material suppliers as well as contractors and subcontractors.) The Contractor will include these requirements in every subcontract of $10,000 or more with such modification of language as is necessary to make them binding on the subcontractor. 2. Equal Employment Opportunity Policy. The Contractor will accept as his operating policy the following statement which is designed to further the provision of equal employment opportunity to all persons without regard to their race, color, religion, sex, or national origin, and to promote the full realization of equal employment opportunity through a positive continuing program; It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, or national origin. Such action shall include; employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training. 3. Equal Employment Opportunity Officer. The Contractor will designate and make known to the State highway agency contracting officers and equal employment opportunity officer (herein after referred to as the EEO Officer) who will have the responsibility for an must be capable of effectively administering and promoting an active contractor program of equal employment opportunity and who must be assigned adequate authority and responsibility to do so. 4. Dissemination of Policy. a. All members of the Contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the Contractor's equal employment opportunity policy and contractual responsibilities to provide equal employment opportunity in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum; (1) Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the Contractor's equal employment opportunity policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. July21, 1999 a AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY (2) All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer or other knowledgeable company official, covering all major aspects of the Contractor's equal employment opportunity obligations within thirty days following their reporting for duty with the Contractor. (3) All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer or appropriate company official in the Contractor's procedures for locating and hiring minority group employees. b. In order to make the Contractor's equal employment opportunity policy known to all employees, prospective employees and potential sources of employees, i.e., schools, employment agencies, labor unions (where appropriate), college placement officers, etc., the Contractor will take the following actions: (1) Notices and posters setting forth the Contractor's equal employment opportunity policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. (2) The Contractor's equal employment opportunity policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 5. Recruitment. a. When advertising for employees, the Contractor will include in all advertisements for employees the notation; "An Equal Opportunity Employer." All such advertisements will be published in newspapers or other publications having a large circulation among minority groups in the area from which the project work force would normally be derived. b. The Contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants, including, but not limited to, State employment agencies, schools, colleges and minority group organizations. To meet this requirement, the Contractor will, through his EEO Officer, identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the Contractor for employment consideration. In the event the Contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the Contractor's compliance with equal employment opportunity contract provisions. (The U.S. Department of Labor has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the Contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The Contractor will encourage his present employees to refer minority group applicants for employment by posting appropriate notices or bulletins in areas accessible to all such employees. In addition, information and procedures with regard to referring minority group applicants will be discussed with employees. '6. Personnel Actions. Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, or national origin. The following procedures shall be followed; a. The Contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. May 26, 2005 -4- REVISION OF SECTION 104 VALUE ENGINEERING CHANGE PROPOSALS 10. Right of Way cannot be bought as part of a VECP to eliminate phasing on a project. 11. A VECP changing the design of a structure maybe considered by the CDOT, if the design meets the following conditions: (1) The design shall not involve detouring of traffic onto local roads or streets to an extent greater than the original plans, unless previously approved by the affected local agencies (2) The design has the same roadway typical section as the original plans (3) The design meets or exceeds the benefits of the construction -handling or traffic phasing scheme shown in the original plans (4) The design meets or exceeds all environmental commitments and permit requirements of the original Contract. (5) The design shall not increase environmental impacts beyond those of the original Contract. (6) The design meets or exceeds the vertical and horizontal clearances and hydraulic requirements shown in the original plans (7) The design has the same or greater flexibility as the original design to accommodate future widening (8) The design shall not change the location of the centerline of the substructure elements, without demonstrating substantial benefits over the original plans (9) The design shall not change the grade or elevation of the final riding surface, without demonstrating substantial benefits over the original plans (10) The design shall match corridor future development plans, architectural, aesthetic and pavement requirements, if applicable (11) The design shall not adversely impact the CDOT's Bridge Inspection, maintenance or other long- term costs or operations. (12) The design shall meet all CDOT design standards and policies (13) The design shall include all additional costs and coordination necessary to relocate utilities (14) Major structure designs provided by the Contractor shall include an independent plan review and design check by a Professional Engineer registered in the State of Colorado and employed by a firm other than the engineer -of -record. This design review will be performed at no additional cost to CDOT and shall be included in the Contractor's engineering costs. (15) The Contractor shall provide CDOT with all design calculations, independent design check calculations, a rating package for each bridge prepared in accordance with the current CDOT Bridge Rating Manual, and a record set of quantity calculations for each structure. 12. The Engineer will reject all or any portion of the design or construction work performed under an approved VECP if unsatisfactory results are obtained. The Engineer will direct the removal of such rejected work and require construction to proceed under the original Contract requirements without reimbursement for work performed under the proposal, or for its removal. If a structure design VECP meets these and all other requirements, the CDOT may, at its sole option, accept or reject the proposal. (d) Basis of Payment. If the VECP is accepted, a Contract Modification Order will authorize the changes and payment. Reimbursement will be made as follows: July 21, 1999 9 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY b. The Contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The Contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the Contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The Contract will promptly investigate all complaints of alleged discrimination made to the Contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the Contractor will inform every complainant of all of his avenues of appeal. 7. Training and Promotion. a. The Contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the Contractor's work force requirements and as permissible under Federal and State regulations, the Contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. c. The Contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The Contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 8. Unions. If the Contractor relies in whole or in part upon unions as a source of employees, the Contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women with the unions, and to effect referrals by such unions of minority and female employees. Actions by the Contractor either directly or thorough a contractor's association acting as agent will include the procedures set forth below: a. The Contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The Contractor will use best efforts to incorporate an equal employment opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, or national origin. c. The Contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the Contractor, the Contractor shall so certify to the State highway department and shall set forth what efforts have been made to obtain such information. July 21, 1999 10 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY d. In the event the union is unable to provide the Contractor with a reasonable flow of minority and women referrals within he time limit set forth in the collective bargaining agreement, the Contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion , sex or national origin; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The U.S. Department of Labor has held that it shall be no excuse that the union with which the Contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the Contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such Contractor shall immediately notify the State highway agency. 9. Subcontracting. a. The Contractor will use his best efforts to solicit bids from and to utilize minority group subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of minority -owned construction firms from State highway agency personnel. b. The Contractor will use his best efforts to ensure subcontractor compliance with their equal employment opportunity obligations. 10. Records and Reports. a. The Contractor will keep such records as are necessary to determine compliance with the Contractor's equal employment opportunity obligations. The records kept by the Contractor will be designed to indicate: (1) The number of minority and nonminority group members and women employed in each work classification on the project. (2) The Progress and efforts being made in cooperation with unions to increase employment opportunities for minorities and women (applicable only to contractors who rely in whole or in part on unions as a source of their work force). (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees, and (4) The progress and efforts being made in securing the services of minority group subcontractors or subcontractors with meaningful minority and female representation among their employees. b. All such records must be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the State highway agency and the Federal Highway Administration. c. The Contractors will submit an annual report to the State highway agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form PR 1391. August 26, 2004 -1- DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS (a) Definitions and Procedures For this project, the following terms are defined: 1. Disadvantaged Business Enterprise (DBE). A small business concern that is certified as being: A. At least 51 percent owned by one or more socially and economically disadvantaged individuals or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and B. Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. C. Socially and economically disadvantaged individual means any individual who is a citizen (or lawfully admitted permanent resident) of the United States and who is: (1) Any individual whom the Colorado Department of Regulatory Agencies Office of Certification finds to be a socially and economically disadvantaged individual. (2) Any individual in the following groups, members of which are rebuttably presumed to be socially and economically disadvantaged: a. "Black Americans," which includes persons having origins in any of the Black racial groups of Africa; b. "Hispanic Americans," which includes persons of Mexican, Puerto Rican, Cuban, Dominican, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; c. "Native Americans," which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; d. "Asian -Pacific Americans," which includes persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), the Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga, Kirbati, Juvalu, Nauru, Federated States of Micronesia, or Hong Kong; e. "Subcontinent Asian Americans," which includes persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka; f. "Women", which means females of any ethnicity g. "Other," which means any additional groups whose members are designated as socially and economically disadvantaged by the Small Business Administration (SBA), at such time as the SBA designation becomes effective and/or individuals who have been determined to be socially and economically disadvantaged based on the criteria for social and economic disadvantage. 2. Underutilized DBE (UDBE). A firm which meets the definition of DBE above and is eligible to meet the contract goal as defined in the project special provision titled "Contract Goal 3. DBE Joint Venture. Joint venture means an association of a DBE firm and one or more other firms to carry out a single, for -profit business enterprise, for which the parties combine their property, capital, efforts, skills and knowledge, and in which the DBE is responsible for a distinct, clearly defined portion of the work of the contract and whose share in the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its ownership interest. August 26, 2004 -2- DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS A DBE joint venture must be certified as a joint venture by the Business Programs Office at CDOT. A. For those projects set -aside for bidding by UDBEs only; all of the partners in a joint venture must be UDBEs and certification of the joint venture will not be required. B. For all projects other than the set -aside projects discussed in A. above; one of the partners in a joint venture must be a DBE. The DBE percentage of the joint venture will be determined at the time of certification. 4. Contract Goal. The goal for UDBE participation that the Department determines should appropriately be met by the successful bidder. Contract goal will be the percentage stated in the invitation for bids and in the project special provisions. Successful bidders that are awarded a Contract based on good faith efforts shall continue to make good faith efforts through the period of time that work on the project is in process, to provide for additional UDBE participation toward meeting the goal. 5. Good Faith Efforts. It is the obligation of the bidder to make good faith efforts to meet the contract goal prior to the bid opening. The bidder can demonstrate that it has done so either by meeting the contract goal or by documenting good faith efforts made. The apparent low bidder shall report all efforts made including but not limited to the efforts required on CDOT Form No. 718. The efforts employed by the bidder should be those that one could reasonably expect a bidder to take if the bidder were actively and aggressively trying to obtain UDBE participation sufficient to meet the DBE contract goal. In determining whether a bidder has made good faith efforts, CDOT may take into account the performance of other bidders in meeting the contract. For example, when the apparent successful bidder fails to meet the contract goal, but others meet it, CDOT may reasonably raise the question of whether, with additional reasonable efforts, the apparent successful bidder could have met the goal. If the apparent successful bidder fails to meet the goal, but meets or exceeds the average UDBE participation obtained by other bidders, CDOT may view this, in conjunction with other factors, as evidence of the apparent successful bidder having made good faith efforts. The DBE Program manager in the Business Programs Office is responsible for determining whether a bidder who has not met the contract goal has documented sufficient good faith efforts to be regarded as responsible. The manager will ensure that all information is complete and accurate and adequately documents the bidder's good faith efforts before CDOT commits to the performance of the contract by the bidder. The DBE Program manager will notify the apparent low bidder by fax regarding any deficiencies in the documentation and effort demonstrated by the bidder. This fax will include the DBE Program manager's recommendation to the DBE Liaison Officer regarding whether the good faith effort demonstrated was sufficient for the bidder to be regarded as responsible. If the bidder may be regarded as responsible but with minor deficiencies in its good faith effort, the bidder will be expected to correct any deficiencies noted prior to bidding on other CDOT projects. Within 5 working days of being informed by CDOT that it is not a responsible bidder because it has not documented sufficient good faith efforts, a bidder may request administrative reconsideration from the Good Faith Efforts (GFE) Committee, which will not have played any role in the original determination that the bidder did not document sufficient good faith efforts. The bidder should make this request in writing to: Good Faith Efforts Committee C/O Manager, Center for EO 4201 E. Arkansas Avenue, Denver, CO 80222 Phone:303-757-9234 Fax: 303-757-9019 As part of this reconsideration, the bidder will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts prior to the bid opening to do so. The bidder will also have the opportunity to meet in person with CDOT's GFE August 26, 2004 -3- DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS Committee to discuss the issue of whether it met the goal or made adequate good faith efforts prior to the bid opening to do so. CDOT will send the bidder a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts prior to the bid opening to do so. The GFE Review Committee will make a recommendation to the DBE Liaison Officer. The DBE Liaison Officer will review the good faith efforts documentation and the recommendation of the GFE Review Committee, determine whether the required efforts are sufficient for award and notify the Chief Engineer of this finding. The Chief Engineer will make the final decision regarding award. There will be no administrative appeal of the Chief Engineer's decision. If award of the Contract is made based on the Contractor's good faith efforts, the goal will not be waived. The Contractor will be expected to continue to make good faith efforts as described below throughout the duration of the Contract. To demonstrate Good Faith Efforts to meet the Contract goal throughout the performance of the Contract, the Contractor shall document to the Department the steps taken including, but not limited to the following: A. Seek out and consider UDBEs as potential subcontractors. (1) Contact two or more UDBEs for each category of work that is being subcontracted. (2) Affirmatively solicit their interest, capability, and price quotations. (3) Provide equal time for all prospective subcontractors to prepare their proposals. (4) Provide at least as much time to UDBEs in assisting them to prepare their bids for subcontract work as to non UDBE subcontractors. (5) Award subcontracts to UDBEs where their quotations are reasonably competitive with other quotations received. B. Maintain documentation of UDBEs contacted and their responses. (1) Maintain a list of UDBEs contacted as prospective subcontractors. (2) Maintain thorough documentation of criteria used to select each subcontractor. (3) Where a UDBE expressed an interest in a subcontract and made a quotation, and where the work was not awarded to a UDBE, furnish a detailed letter explaining the reasons. (b) Certification as a DBE by the Department 1. Any contractor may apply to the Department of Regulatory Agencies (DORA) for status as a DBE. Application shall be made on forms provided by the DORA for certification of DBEs. Application need not be made in connection with a particular bid. Only work contracted to UDBE contractors or subcontracted to UDBEs and independently performed by UDBEs shall be considered toward contract goals as established elsewhere in these specifications. 2. It shall be the Contractor's responsibility to submit applications so that the DORA has sufficient time to render decisions. The DORA will review applications in a timely manner but is not committed to render decisions about a firm's DBE status within any given period of time. 3. The Department will publish a monthly list of DBE contractors, vendors and suppliers for the purpose of providing a reference source to assist any bidder in identifying DBEs and UDBEs. Bidders will be solely responsible for verifying the Certification of DBEs they intend to use prior to submitting a proposal. The Business Programs Office in the Center for Equal Opportunity will maintain a current list of eligible DBEs and UDBEs. 4. Bidders shall exercise their own judgments in selecting any subcontractor to perform any portion of the work. 5. Permission for a DBE/non-DBE joint venture to bid on a specific project may be obtained from the Department based on information provided by the proposed joint venture on CDOT Form No. 893, August 26, 2004 -4- DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS "Information For Determining Joint Venture Eligibility". Joint applications should be submitted well in advance of bid openings. (c) Bidding Requirements 1. All bidders shall submit with their proposals a fully executed CDOT Form No. 714 including a list of the names of their UDBE subcontractors to meet the contract goal. The apparent low bidder shall submit a fully executed CDOT Form No. 715 for each UDBE used to meet the contract goal (sample attached) no later than 4:00 p.m. on the day after the date of bid opening to the Business Programs Office in the Center for Equal Opportunity. CDOT Form No. 715 may be submitted by FAX, at Fax number (303)757- 9019, with an original copy to follow. In addition, the apparent low bidder shall submit written confirmation from every UDBE used to meet the contract goal that it is participating in the contract as provided in the prime contractor's commitment. If the contract goal is not met, the apparent low bidder shall submit a CDOT form No. 718 and evidence of good faith efforts no later than 4:00 on the day following the bid opening to the Business Programs Office in the Center for Equal Opportunity. CDOT Form NO. 718 may be submitted by FAX, at Fax number (303)757-9019, with an original copy to follow. A copy of CDOT Form No. 718 is incorporated into this specification. 2. The award of Contract, if awarded, will be made to the lowest responsible bidder that will meet or exceed the contract goal or, if the goal will not be met, is able to demonstrate that good faith efforts were made to meet the goal. Good faith efforts are explained in (a)4 of this special provision. 3. The use of the UDBE firms named on CDOT Form No. 714 or on a CDOT Form No. 715, for the items of work described, is a condition of award. The replacement of a named UDBE firm will be allowed only as provided for in (e) of this special provision. Failure to comply will constitute grounds for default and termination of the Contract. 4. Contractor's DBE Obligation. The prime Contractor bidding on construction projects advertised by the Department agrees to ensure that Disadvantaged Business Enterprises (DBEs), as defined in this special provision, have the maximum opportunity to participate in the performance of contracts or subcontracts financed in whole or in part with Federal or State funds. The prime Contractor shall not discriminate on the basis of race, color, national origin, or sex in the bidding process or the performance of contracts. To ensure that UDBEs are offered maximum opportunity to participate in the performance of contracts, it is the responsibility of the prime Contractor to offer and to provide assistance to UDBEs related to the UDBE performance of the subcontract. However, the UDBE must independently perform a commercially useful function on the project. (d) Counting DBE Participation Toward Contract Goals and CDOT's annual DBE goal 1. Once a firm has been certified as a DBE the total dollar amount of the contract awarded to the firm shall be counted toward CDOT's annual DBE goal and the contract goal as explained below, and as modified for the project in the project special provisions titled "Contract Goal. 2. The actual dollar total of a proposed subcontract, supply or service contract with any DBE firm shall be reported to the Department using CDOT Form No. 713. A CDOT Form No. 713 for subcontracts is to be submitted with the CDOT Form No. 205 and receipt will be a condition of approval. The eligibility of a proposed DBE subcontractor will be finally established based on the firm's status at the time of CDOT Form No. 205 approval. A CDOT Form No. 713 for a supply or service contract is to be submitted once a contract has been fully executed so the Department will be able to report the DBE participation in a timely manner. The eligibility of a DBE supplier or service firm will be finally established as of the date the CDOT Form No. 713 is received by the Department. A CDOT Form No. 205 is not required for a supply or service contract. August 26, 2004 -5- DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS If a firm becomes certified as a DBE during performance under a fully executed contract with CDOT but prior to the DBE performing any work, then 100% of the work performed by the firm under that contract may be claimed as eligible work. 3. The Contractor may count toward its contract goal the percentage of the total dollar amount of a contract with a Department certified joint venture that equals the percentage of the ownership and control of the UDBE partner in a joint venture. 4. A. The Contractor may count toward its contract goal only that percentage of expenditures to UDBEs which independently perform a commercially useful function in the work of a contract. A DBE is considered to be performing a commercially useful function by actually performing, managing, and supervising the work involved. To determine whether a DBE is performing a commercially useful function, the Department will evaluate the amount of work subcontracted, work performed solely by the DBE, industry practices, and other relevant factors. B. A DBE may enter into subcontracts consistent with normal industry practices. If a DBE contractor subcontracts over 51% of the work of the Contract the DBE shall be presumed not to be performing a commercially useful function. The DBE may present evidence to rebut this presumption to the Department. 5. The Contractor may count toward its contract goal the percentage of expenditures for materials and supplies obtained from UDBE suppliers (regular dealers) and manufacturers, provided that the UDBEs assume the actual and contractual responsibility for and actually provide the materials and supplies. A. The Contractor may count 100 percent of its expenditures to a UDBE manufacturer. A DBE manufacturer is a certified firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the Contractor. B. The Contractor may count 60 percent of its expenditures to UDBE suppliers that are not manufacturers, provided that the DBE supplier performs a commercially useful function in the supply process. A DBE supplier is a certified firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the Contract are bought, kept in stock, and regularly sold to the public in the usual course of business. To be a supplier the firm must engage in, as its principal business and in its own name, the purchase and sale of the products in question. A supplier in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. Brokers and packagers shall not be regarded as manufacturers or suppliers within the meaning of this section. C. The Contractor may count toward its contract goal the following expenditures to UDBE firms that are not manufacturers or suppliers: (1) The fees or commissions charged for providing a bona fide service, such as professional, technical, consultant or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials or supplies required for performance of the Contract, provided that the fee or commission is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. (2) The fees charged for delivery of materials and supplies required to a job site (but not the cost of the materials and supplies themselves) when the hauler, trucker, or delivery service is not also the manufacturer of or a supplier of the materials and supplies, provided that the fee is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. (3) The fees or commissions charged for providing any bonds or insurance specifically required for the performance of the Contract, provided that the fee or commission is determined by the August 26, 2004 -6- DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. 6. To determine the goals achieved under this Contract the participation as described in (d) of this special provision shall be divided by the original prime Contract amount and multiplied by 100 to determine the percentage of performance. The Contractor shall maintain records of payment that show amounts paid to all DBEs. Upon completion of the project, the Contractor shall submit a CDOT Form No. 17 listing all DBEs that participated in this Contract, the subcontract tier number of each, and the dollar amount paid to each. This dollar amount shall include payments made by nonDBE subcontractors to DBE subcontractors. The Contractor shall certify the amount paid, which may be audited by the Department. When there is no participation by DBEs, the Contractor shall submit a CDOT Form NO. 17 that indicates no participation and gives reasons why there was no participation. CDOT will not count the participation of a DBE subcontractor toward the prime contractor's UDBE achievements or CDOT's overall DBE goal until the amount being counted toward the goal has been paid to the DBE. (e) Replacement of UDBE Subcontractors used to meet the contract goal Based upon a showing of good cause the Contractor may request that a UDBE named on CDOT Form No. 714 or on a CDOT Form No. 715 be replaced with another UDBE pursuant to the terms and conditions of this special provision. In the event that the Contractor is able to both document the need and to offer a replacement UDBE who can perform the work at a reasonable cost, the Department will approve the replacement at no additional cost to the Department. Replacements will be allowed only with prior written approval of the Department. 1. If a replacement is to be requested prior to the time that the named UDBE has begun to effectively prosecute the work under a fully executed subcontract, the Contractor shall furnish to the Department the following: A. Written permission of the named UDBE. Written permission may be waived only if such permission cannot be obtained for reasons beyond the control of the Contractor. B. A full written disclosure of the circumstances making it impossible for the Contractor to comply with the condition of award. C. Documentation of the Contractor's assistance to the UDBE named on CDOT Form No. 714 or on CDOT Form No. 715. D. Copies of any pertinent correspondence and documented verbal communications between the Contractor and the named UDBE. E. Documentation of the Good Faith Efforts in finding a replacement UDBE subcontractor and the results of the efforts. It is within the control of the Contractor to locate, prior to award, DBEs that offer reasonable prices and that could reasonably be expected to perform the work. For this reason, increased cost shall not, by itself, be considered sufficient reason for not providing an in -kind replacement. 2. In the event a UDBE subcontractor begins to prosecute the work and is unable to satisfactorily complete performance of the work, the Contractor shall furnish to the Department the following: A. Documentation that the subject UDBE subcontractor did not perform in a satisfactory manner. B. Documentation of the Contractor's assistance to the UDBE subcontractor prior to finding the UDBE subcontractor in default. C. A copy of the certified letter finding the UDBE to be in default or a letter from the UDBE stating that it cannot complete the work and it is turning the work back to the Contractor. August 26, 2004 -7- DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS D. Copy of the contract between the Contractor and the UDBE subcontractor, plus any modifications thereto. E. Documentation of the Good Faith Efforts in finding a replacement UDBE subcontractor and the results of the efforts. In the event the Contractor is able to locate a replacement UDBE who can perform work at a reasonable cost to the Contractor, and also demonstrates to the satisfaction of the CDOT that prior to bid it had reason to believe that the named UDBE firm was responsible and not expected to default, the Department may modify or renegotiate the Contract to compensate the Contractor for any reasonable extra costs, because of a higher price in the proposal of the replacement UDBE subcontractor than that of the original UDBE subcontractor who failed to perform. Provided, however, that the Department will not be obligated to participate in any increased cost to the Contractor if the UDBE that fails to perform has a recent history of performance failure(s) or default that was either known, or should have been known, to the Contractor prior to award. 3. If the Contractor is unable to locate a UDBE replacement that is both interested in and capable of performing the work at a reasonable cost, the Department may waive the requirement that the work be performed by a UDBE and the Contractor shall provide for the satisfactory completion of the work at no additional cost to the Department. (f) Sanctions It is the obligation of the Contractor to provide DBE firms with the maximum opportunity to participate in the performance of the work. It is the responsibility of DBE firms to perform their work in a responsible manner fully consistent with the intent of the DBE program, and in substantial compliance with the terms and conditions of these DBE definitions and requirements. DBE firms which fail to perform a commercially useful function as described in subsection (d)4 of these DBE definitions and requirements or operate in a manner which is not consistent with the intent of the DBE program may be subject to revocation of certification. A finding by the Department that the Contractor has failed to comply with the terms and conditions of these DBE definitions and requirements shall constitute sufficient grounds for default and termination of the Contract in accordance with subsection 108.08 of the specifications. Attachments: CDOT Form No. 714 CDOT Form No. 715 CDOT Form No. 718 COLORADO DEPARTMENT OF TRANSPORTATION Project No.: UNDERUTILIZED DBE (UDBE) BID CONDITIONS ASSURANCE Location: Instructions: Contractor— Complete and submit this form with your bid. Report only Underutilized DBE (UDBE) participation percentages which qualify under the contract goal specification for this project. POLICY It is the policy of the Colorado Department of Transportation that underutilized disadvantaged business enterprises have maximum opportunity to participate in the performance of contracts financed with federal, state or local entity funds. UNDERUTILIZED DBE PARTICIPATION COMMITMENT 1) Will your companys Underutilized DBE (UDBE) participation commitment meet contract goals? ❑ Yes ❑ No 2) Total eligible Underutilized DBE (UDBE) percentage amount from Box A below: % 3) List the UDBE firms, committed work items, and elf ible UDBE percent of your bid that you are committing to each UDBE FIRM NAME CERTIFICATION COMMITTED SUBCONTRACT ELIGIBLE EXP. DATE WORK ITEM(S) CATEGORY UDBE %' ❑ Subcontractor [I Supplier El Broker % ❑ Subcontractor 2. Broker ❑ Supplier El Broker 0 El Subcontractor 3. / ! ❑ Supplier ❑ Broker % ❑ Subcontractor / Broker ❑ Supplier [I Broker 0 ❑ Subcontractor ❑ Supplier ❑ Broker ❑ Subcontractor 6 / / ❑ Supplier ❑ Broker BOX A: TOTAL ELIGIBLE UDBE PERCENTAGE AMOUNT: (Round percentage amounts to the nearest hundredth) ' Additional instructions on how to calculate the actual eligible amounts and percentages for the subcontractor, supplier, and broker categories are available on the CDOT Form #715 and in the "Counting DBE Participation Toward Contract Goals and CDOT's annual DBE goal" section of the "DBE — Definitions and Requirements" in the Standard Special Provisions. I understand that, if my company is determined to be the low bidder for the contract on this project, I must submit a completed COOT Form #715 CERTIFICATION OF UNDERUTILIZED DBE PARTICIPATION for each firm listed on this form to the Transportation Department by 4:00 pm the day after the bids are opened. The actual amounts submitted on each COOT Form #715 must equal or exceed the percentage commitments documented on this form. In addition, if my company does not meet the DBE/UDBE goal for this project, I must submit a completed CDOT Form #718 DBE GOOD FAITH EFFORT DOCUMENTATION before the above stated deadline. CDOT Form #715s submitted for firms not included on this form, OR for amounts exceeding those listed on this form, will be accepted but NOT counted as Good Faith Efforts. Only the efforts the contractor made prior to the bid opening will count as Good Faith Efforts. I understand my obligation to abide by the policy stated above. I shall not discriminate on the basis of race, color, age, sex, national origin, or handicap in the bidding process or the performance of contracts. I DECLARE UNDER PENALITY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE IN THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. Company Name: Date: Company Officer Signature: Title: Previous editions may not be used CDOT Form 714 08104 May 26, 2005 -5- REVISION OF SECTION 104 VALUE ENGINEERING CHANGE PROPOSALS The changes will be incorporated into the Contract by changes in quantities of unit bid items, new agreed unit price items, lump sum or any combination, as appropriate, under the Contract. Unless there is a differing site condition as described in subsection 104.02, the Contractor shall not receive additional compensation for quantity overruns, design errors, supplemental surveys, geotechnical investigations, additional items or other increases in cost that were not foreseen in the accepted VECP, unless otherwise approved by the Engineer. 2. For all VECPs, the incentive payment shall be calculated as follows: (gross cost of deleted work) - (gross cost of added work) _ (gross savings) (gross savings) - (Contractor's engineering costs) - (CDOT's engineering costs) _ (net savings) Any net savings less than $25,000 can be kept by the contractor. If the net savings are greater than $25,000 then the amount over $25,000 will be shared equally with CDOT and calculated as follows: (net savings)- $25,000 = shared savings Contractor's total incentive = (shared savings)12 + $25,000 The Contractor's engineering costs will be reimbursable only for outside consultant costs that are verified by certified billings. CDOT's engineering costs shall be actual consultant costs billed to CDOT and extraordinary in-house personnel labor costs. These labor costs will be calculated at the fixed amount of $50.00 per hour per employee. Project personnel assigned to the field office or who work on the project on a regular basis shall not be included in CDOT's portion of the cost. 3. At the completion of the VECP design work, the Contractor shall furnish the CDOT any additional documentation such as surveys, geotechnical reports, documentation or calculations and shop drawings required to complete the work. At the completion of the project, the Contractor shall furnish the CDOT with PE -stamped Record sets, and As -Constructed plans showing the VECP work. (e) Contractor Appeal Process. Appeals can only be made on VECP (Category A)s. The Prime Contractor submitting the VECP may file a one-time appeal to the Region Transportation Director (RTD) on the denial of any VECP (Category A). The Contractor must have a valid reason for the appeal and the decision of the Region Transportation Director will be final. -1- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 05-06-05 GENERAL DECISION NUMBERS C0030014 AND C0030015_ HIGHWAY CONSTRT iCTTDN Decision Nos. C0030014 and C0030015 dated June 13, 2003 Modifications ID supersedes Decision Nos. C0020014 and C0020015 dated MOD 1 08-15-03 Pages 1, 5 1 March 12, 2002. MOD 2 09-19-03 Pages 1,2,5,E MOD 3 01-I6-04 Pages 1, 5 2 3 When work within a project is located in two or more counties, and the minimum wages and fringe benefits are different for one MOD 4 03-05-04 Pages 1, 5 4 or more job classifications, the higher minimum wages and MOD 5 05-14-04 Pages 1, 5 5 fringe benefits shall apply throughout the project. MOD 6 06-18-04 Pages 1,2,5,6 6 MOD 7 08-20-04 Pages 1,4,5 7 MOD 8 09-17-04 Pages 1, 5 8 MOD 9 03-04-05 Pages 1, 5 9 MOD 10 04-04-05 Pages 1, 5 10 MOD 11 05-06-05 Pages 1,2,5,6 1 11 General Decision No. C0030014 applies to the following counties: Adams, Arapahoe, Boulder, Denver, Douglas, El Paso, Jefferson, Larimer, Mesa, Pueblo, and Weld counties. General Decision No. C0030014 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod ELECTRICIANS: (Excluding traffic signal installation) 1200 Electrical work $150,000 or less (Pueblo county) 20.84 8.85 + 3% 11 1201 Electrical work over $150,000 (Pueblo county) 24.49 8.85 + 3% 11 1202 Electricians (Adams, Arapahoe, Boulder, Denver, Douglas, Jefferson, Larimer, and Weld counties) 28.91 10.19 10 1203 Electricians (El Paso county) 24.54 11.20 + 3% 3 1204 Electricians (Mesa county) 18.40 7.20 4 1205 Traffic Signal Installer (Zone 1) 22.91 1.75 + 13% 7 1206 Traffic Signal Installer (Zone 2) 25.91 1.75 + 13% 7 Traffic Installer Zone Definitions Zone 1 — Within a 35 mile radius measured from the addresses of the following cities: Colorado Springs - Nevada & Bijou Denver - Ellsworth Avenue & Broadway Ft. Collins - Prospect & College Grand Junction - 12th & North Avenue Pueblo - I-25 & Highway 50 Zone 2 - All work outside these areas. POWER EQUIPMENT OPERATORS: 1300 Asphalt Screed 20.47 7.22 11 1301 Bituminous or Asphalt Spreader/Laydown Machine 20.47 7.22 11 1302 Bulldozer 20.47 7.22 11 Crane: 1305 50 tons and under 20.62 7.22 11 1306 51 to 90 tons 20.77 7.22 11 1307 91 to 140 tons 20.92 7.22 11 1308 141 tons and over 21.68 7.22 11 -2- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 05-06-05 GENFRAT, DFCTSION NITMRFRSc'nn MIAArrasrnn'lnnlc TJTr:uuvAVrnXTe-rnTTf--rTrnXT General Decision No. C0030014 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod POWER EQUIPMENT OPERATORS (cont.): Drill Operator: 1309 William MF/Watson 2500 only 20.77 7.22 11 Grader/Blade: 1310 Rough 20.47 7.22 11 1311 Finish 20.77 7.22 11 Loader: 7.22 11 1312 Barber Green, etc., 6 cubic yards and under 20.47 7.22 11 1313 Over 6 cubic yards 20.62 7.22 11 Mechanic and/or Welder (Includes heavy duty and combination mechanic and welder): 7.22 11 1314 Mechanic and/or Welder 20.62 7.22 11 1315 Mechanic/Welder (Heavy duty) 20.77 7.22 11 1316 Oiler 19.77 7.22 11 Power Broom: 7.22 11 1317 Under 70 HP 19.77 7.22 11 1318 70 HP and over 20.47 7.22 11 Roller: 7.22 11 1319 Self-propelled, rubber tires under 5 tons 20.12 7.22 11 1320 Self-propelled, all types over 5 tons 20.47 7.22 11 Scraper: 7.22 11 1321 Single bowl under 40 cubic yards 20.62 7.22 11 1322 Single bowl including pups 40 cubic yards and tandem bowls and over 20.77 7.22 11 1323 Trackhoe 20.62 7.22 11 1324 Water Truck 20.62 7.22 11 Laborers: Asphalt Laborer/Raker, Common Laborer, 1400 and Concrete Laborer/Mason Tender 16.29 4.25 -3- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 05-06-05 GENERAL DECISION NITMRFRC cnnionm ANrI rnnznni 1; urr:u117ev rnXTCTMTUI" WIAT General Decision No. C0030014 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod 1500 Bricklayers 15.55 2.85 Carpenters: 1600 Form Work (Excluding curbs and gutters) 16.54 3.90 1601 All other work 16.61 3.88 1700 Concrete Finishers/Cement Masons 16.05 3.00 Ironworkers: 1900 Reinforcing 16.69 5.45 1901 Bridge Rail (Excludes guardrail) 18.22 6.01 Laborers: 2001 Fence Erector (Includes fencing on bridges) 13.02 3.20 2002 Form Work (Curbs and gutters only) 11.85 3.45 2003 Guardrail Erector (Excludes bridgerail) 12.89 3.20 2004 Landscape and Irrigation Laborer 12.26 3.16 2005 Pipelayer 13.55 2.41 2006 Striping Laborer (Pre -form layout and removal of pavement markings) 12.62 3.21 2007 Traffic Director/Flagger 9.55 3.05 2008 Traffic and Sign Laborer (Sets up barricades and cones, and installs permanent signs) 12.43 3.22 PAINTERS 2100 Brush 16.94 2.10 2101 Spray 16.99 2.87 POWER EQUIPMENT OPERATORS: 2200 Backhoes 16.54 4.24 2201 Bobcat/Skid Loader 15.37 4.28 2202 Concrete Pump Operator 16.52 4.30 4- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 05-06-05 GENERAL DECISION NUMBERS C0030014 AND C0030015. HIGHWAY CONSTRUCTION General Decision No. C0030014 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod POWER EQUIPMENT OPERATORS (cont.): Drill Operator: 2203 All except William MF/Watson 2500 16.74 2.66 2204 Forklift 15.91 4.09 2205 Rotomill Operator 16.22 4.41 2206 Post Driver/Punch Machine 16.07 4.41 2207 Tractor 13.13 2.95 2208 Compactor 16.70 3.30 2301 Groundman (Traffic signalization) 11.44 3.25 Truck Drivers: 2400 Floats -Semi Truck 14.86 3.08 2401 Multipurpose Truck - Specialty & Hoisting 14.35 3.49 2402 Truck Mechanic 16.91 3.01 2403 Pickup Truck (Includes Pilot and Sign/Barricade Truck) 13.93 3.68 2405 Single Axle Truck 14.24 3.77 2406 Distributor Truck 15.80 5.27 2407 Dump Truck: 2408 14 cubic yards and under 14.93 5.27 2409 15 to 29 cubic yards 15.27 5.27 2410 30 to 79 cubic yards 15.80 5.27 2411 80 cubic yards and over 16.45 5.27 2412 Low Boy Truck 17.25 5.27 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses [29 CFR 5.5(a)(1)(ii)]. END OF GENERAL DECISION NUMBER C0030014. -5- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 05-06-05 GFNFRAI. DFCISION Ni1MBFRS Cn030014 ANII ('Of)10nl S T4Tnu1X7ev rnXTC-rnTTf-rrnu General Decision No. C0030015 applies to the following counties: Alamosa, Archuleta, Baca, Bent, Chaffee, Cheyenne, Clear Creek, Conejos, Costilla, Crowley, Custer, Delta, Dolores, Eagle, Elbert, Fremont, Garfield, Gilpin, Grand, Gunnison, Hinsdale, Huerfano, Jackson, Kiowa, Kit Carson, La Plata, Lake, Las Animas, Lincoln, Logan, Mineral, Moffat, Montezuma, Montrose, Morgan, Otero, Ouray, Park, Phillips, Pitkin, Prowers, Rio Blanco, Rio Grande, Routt, Saguache, San Juan, San Miguel, Sed wick, Summit, Teller, Washington, and Yuma counties. When work within a project is located in two or more counties, and the minimum wages and fringe benefits are different for one or more job classifications, the higher minimum wages and fringe benefits shall apply throughout the project. General Decision No. C0030015 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod ELECTRICIANS: (Including traffic signal installation) Electrical work $150,000 or less (Alamosa, Archuleta, Baca, 3200 Bent, Chaffee, Conejos, Costilla, Crowley, Custer, Fremont, 20.84 8.85 + 3% 11 Huerfano, Kiowa, Las Animas, Mineral, Otero, Prowers, Rio Grande, and Saguache counties) Electrical work over $150,000 (Alamosa, Archuleta, Baca, 3201 Bent, Chaffee, Conejos, Costilla, Crowley, Custer, Fremont, 24.49 8.85 + 3% 11 Huerfano, Kiowa, Las Animas, Mineral, Otero, Prowers, Rio Grande, and Saguache counties) Electricians (Clear Creek, Eagle, Gilpin, Grand, Jackson, Lake, 3202 Logan, Morgan, Phillips, Sedgwick, Summit, Washington, 28.91 10.19 10 and Yuma counties) 3203 Electricians (Cheyenne, Elbert, Kit Carson, Lincoln, Park, and Teller counties) 24.54 11.20+ 3% 3 Electricians (Dolores, Garfield, Gunnison, Hinsdale, La Plata, 3204 Moffat, Montezuma, Ouray, Pitkin, Rio Blanco, Routt, San Juan, 25.75 7.32 5 and San Miguel counties) 3205 Electricians (Delta and Montrose counties) 18.40 7.20 4 3206 Traffic Signal Installer (Zone 1) 22.91 1.75 + 13% 7 3207 Traffic Signal Installer (Zone 2) 25.91 1.75 + 13% 7 Traffic Installer Zone Definitions Zone 1 — Within a 35 mile radius measured from the addresses of the following cities: Colorado Springs - Nevada & Bijou Denver - Ellsworth Avenue & Broadway Ft. Collins - Prospect & College Grand Junction - 12th & North Avenue Pueblo - I-25 & Highway 50 Zone 2 - All work outside these areas. -6- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 05-06-05 GENERAL DECISION NUMBERS C0030014 AND C0030015. HIGHWAY CONSTRUCTION General Decision No. C0030015 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod POWER EQUIPMENT OPERATORS: 3300 Bituminous or Asphalt Spreader/Laydown Machine 20.47 7.22 11 3301 Bulldozer 20.47 7.22 11 Crane: 3302 50 tons and under 20.62 7.22 11 3303 51 to 90 tons 20.77 7.22 11 3304 91 to 140 tons 20.92 7.22 11 3305 141 tons and over 21.68 7.22 11 3306 Grade Checker 20.62 7.22 11 Loader: 7.22 11 3307 Barber Green, etc., 6 cubic yards and under 20.47 7.22 11 3308 Over 6 cubic yards 20.62 7.22 11 Roller: 3309 Self-propelled, rubber tires under 5 tons 20.12 7.22 11 3310 Self-propelled, all types over 5 tons 20.47 7.22 11 3311 Trackhoe 20.62 7.22 11 3312 Oiler 19.77 7.22 11 3313 Water Wagon 20.62 7.22 11 General Decision No. C0030015 The wage and fringe benefits listed below do not reflect collectively bargained rates. Carpenters: 3600 Form Building and Setting (Excluding curbs and gutters) 15.92 5.38 3601 All other work 16.30 3.71 3700 Concrete Finishers/Cement Masons 15.55 2.85 3800 Groundman (Traffic signalization) 11.57 3.50 Ironworkers: 3900 Reinforcing 16.94 6.77 3901 Bridge Rail (Excluding guardrail) 16.76 6.01 -7- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 05-06-05 GENERAL DECISION NIIMRFRS COW014 ANTI rnnznni s UMU111ev rnATQTDr TrTTnAT General Decision No. C0030015 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod Laborers: 4000 Asphalt Laborer/Raker 12.40 2.92 4001 Common 12.44 3.53 4002 Concrete Laborer/Mason Tender 12.44 3.10 4003 Striping -Paint Laborer (Pre -form layout and removal of pavement markings) 12.90 3.07 4004 Traffic Director/Flagger 9.42 3.21 4005 Traffic/Sign Laborer (Sets up barricades and cones, and installs permanent signs) 12.39 3.20 4007 Guardrail (Excludes bridgerail) 12.78 3.31 4008 Formwork (Curbs and gutters only) 12.92 4.54 4009 Landscape Laborer (Including irrigation work) 12.21 3.16 Painters: 4100 Spray 17.54 3.52 POWER EQUIPMENT OPERATORS: 4200 Asphalt Plant 17.23 1.20 4201 Asphalt Screed 16.21 3.76 4202 Backhoe 16.42 4.42 4203 Compactor 16.52 3.13 4204 Grader/Blade 16.39 4.20 4205 Mechanic and or Welder (Includes heavy duty and combination mechanic welder) 16.74 4.20 4206 Post Driver/Punch Machine 16.07 4.41 4207 Rotomill Operator 16.28 4.41 4209 Scraper 17.62 3.16 -8- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 05-06-05 GENERAL DF.CTSIONNITMRFRSCnmooidATjnCCUznnic UU-1-T TAvrnXTQ-rnTTf-rTnXT General Decision No. C0030015 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod Truck Drivers: 4400 Dump 14.15 3.83 4401 Low Boy 15.07 4.56 4402 Truck Mechanic 15.97 4.61 4403 Multipurpose Truck -Specialty and Hoisting 14.60 3.49 4404 Pickup (Including pilot car) 14.04 3.49 4405 Water Truck 14.88 2.07 4406 Distributor 15.80 5.27 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses [29 CFR 5.5(a)(1)(ii)]. END OF GENERAL DECISION NUMBER C0030015. -9- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES; COLORADO DATE 05-06-05 GENERAL DECISION NUMBERS C0030014 AND C0030015, HIGHWAY CONSTRUCTION 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 Deterininations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, D.C. 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, D.C. 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, D.C. 20210 4.) All Decisions of the Administrative review board are final. December 20, 2002 1 ON THE JOB TRAINING This training special provision supplements subparagraph 6 of paragraph B and supersedes subparagraph 7b of paragraph C of the Special Provision entitled "Affirmative Action Requirements, Equal Employment Opportunity" and is an implementation of 23 U.S.C. 140 (a). As part of the Contractor's Equal Employment Opportunity Affirmative Action Program, training shall be provided as follows: (a) General Requirements 1. The Contractor shall provide on the job training aimed at developing full journey workers in the type of trade or classification involved. 2. Training and upgrading of minorities and women toward journey worker status are a primary objective of this training special provision. Accordingly, the Contractor shall make every reasonable effort to enroll minority trainees and women (e.g., by conducting systematic and direct recruitment through public and private sources likely to yield minority and women trainees) to the extent that such persons are available within a reasonable area of recruitment. The Contractor shall be responsible for demonstrating the steps that were taken in pursuance thereof, prior to a determination as to whether the Contractor is in compliance with this training special provision. This training commitment shall not be used to discriminate against any applicant for training whether a member of a protected class or not. 3. An employee shall not be employed as a trainee in any classification in which the employee has successfully completed a training course leading to journey worker status or in which the employee has been employed as a journey worker. The Contractor shall satisfy this requirement by including appropriate questions (i.e. Have you ever worked as a journeyman in the highway construction industry?) in the employee application or by other suitable means. Regardless of the method used, the Contractor's records shall document the findings in each case. 4. The minimum length and type of training for each classification shall be as established in the training program selected by the Contractor and approved by the Department and the Colorado Division of the Federal Highway Administration (FHWA), or the U. S Department of Labor, Bureau of Apprenticeship and Training (DOL). The Department and the FHWA will approve a program if it is reasonably calculated to meet the Equal Employment obligations of the Contractor and to qualify the average trainee for journey worker status in the classification concerned by the end of the training period. Apprenticeship and training programs will be accepted if registered with the U.S. Dept. of Labor, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau. To obtain FHWA approval, the Contractor's training program must be reviewed by the CDOT Business Programs Office OJT Program Manager and approved by the Colorado Division of the FHWA. The Contractor shall allow up to 30 days for FHWA review. The proposed training program shall be submitted by the Contractor to: OJT Program Manager Business Programs Office 4201 East Arkansas Avenue Denver, CO 80222 5. Approved training programs shall provide the trainee with a minimum of 2000 hours of training which includes a minimum of 40 hours of classroom training. Credit for prior classroom or other training may be allowed if such training is relevant to the trainees' current training program requirements. 6. Training is to be provided in the construction crafts rather than clerk -typists or secretarial -type positions. Training is permissible in lower level management positions such as once engineers, estimators, time -keepers, etc., where the training is oriented toward construction applications. Training in the laborer classification may be permitted when significant and meaningful training is provided and it is approved by the FHWA Division office. There will be no reimbursement for offshe training.