Exhibit E_5693 CDOT SSP 2025 6-18-25.pdf

City of Westminster February 18, 2025 Federal Parkway Widening – 120th Ave. to 122nd Ave.

City of Westminster Project No. 17-0045 / CDOT Project Control No. 25693

SSP Index 03-21-2025 [For 2023 Spec Book]

COLORADO

DEPARTMENT OF TRANSPORTATION

SPECIAL PROVISIONS

FEDERAL PARKWAY WIDENING - 120th AVENUE to 122nd AVENUE City Project No. 17-0045

CDOT Project Control No. 25693

STANDARD SPECIAL PROVISIONS

No.

Name Date of Pages

Revision of Section 101 – Definitions and Section 106 - Control of Materials (January 8, 2024) 2 Revision of Sections 101 and 106 – Buy America and Build America, (January 8, 2024) 9 Buy America Requirements for Projects Containing $500,000 or more in Federal-Aid Highway Funding Revision of Section 105 – Asphalt Mat Density (Dec. 26, 2024) 1 Revision of Section 105 – Control of Work (October 1, 2023) 1

Revision of Section 105 – Dispute Review Board and (October 1, 2023) 9

Claims for Unresolved Disputes Revision of Section 105 – E-Signature (January 8, 2024) 1 Revision of Section 105 – Pavement Smoothness (July 1, 2024) 11 Revision of Sections 105 and 106 – Conformity to the Contract of Hot Mix Asphalt (October 1, 2023) 13 (Voids Acceptance) Revision of Section 106 – Control of Material (Sept. 30, 2024) 1 Revision of Section 109 – Asphalt Cement Cost Adjustment (October 1, 2023) 4 (Asphalt Cement Included in the Work) Revision of Section 207 – Topsoil (October 1, 2023) 9 Revision of Section 208 – As-Constructed Survey (October 1, 2023) 3 Revision of Sections 208 and 625 – Permanent Water Quality Survey (April 2, 2024) 2 Revision of Section 212 – Soil Amendments, Seeding, and Sodding (October 1, 2023) 25 Revision of Section 213 – Mulching (Sept. 30, 2023) 1 Revision of Section 401 – Composition of Mixtures – Voids Acceptance (October 1, 2023) 1 Revision of Section 401 – Plant Mix Pavements-General (Subsection 401.17) (January 8, 2024) 4 Revision of Section 401 – Plant Mix Pavements-General (Subsection 401.10) (Sept. 30, 2024) 1 Revision of Section 401 – Reclaimed Asphalt Pavement (October 1, 2023) 2 Revision of Section 401 – Tolerances for Hot Mix Asphalt (Voids Acceptance) (October 1, 2023) 1 Revision of Section 601 – Concrete Acceptance (April 9, 2024) 4 Revision of Section 601 – Pigment in Concrete (July 23, 2024) 1 Revision of Section 627 – Pavement Marking Paint (March 21, 2025) 13 Revision of Section 627 – Pavement Marking Paint (Temporary) (April 2, 2024) 1 Revision of Section 630 – MHT Signature Requirements (Dec. 26, 2024) 1 Revision of Section 713 – Retroreflectors and Drum (Dec. 26, 2024) 4 and Tubular Marker Sheeting Requirements Affirmative Action Requirements Equal Employment Opportunity (October 1, 2023) 13 Disadvantaged Business Enterprise (DBE) Requirements (October 1, 2023) 15 Minimum Wages, Colorado, (March 6, 2025) 10 U.S. Department of Labor General Decision Number CO20240006, Highway Construction for Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson, and Park counties.

On the Job Training (October 1, 2023) 6 Required Contract Provisions – Federal-Aid Construction Contracts (October 23, 2023) 15

January 8, 2024

Revision of Sections 101 and 106 Buy America and Build America, Buy America Requirements for Projects

Containing $500,000 or More in Federal-Aid Highway Funding

Notice

The Standard Special Provision (SSP) on the following page revises or modifies CDOT�s Standard Specifications for Road and Bridge Construction. The Construction Engineering Services Branch has reviewed, approved, and issued it. Use as written without change. Do not use modified versions of it on CDOT construction projects. Do not use the following special provision on CDOT projects in a manner other than specified in the instructions without approval by CDOT�s Standards and Specifications Unit. The instructions for use appear below.

Other agencies using the Standard Specifications for Road and Bridge Construction to administer construction projects may use this special provision appropriately and at their own risk.

Instructions for use on CDOT (and local agency-administered) construction projects:

Use this standard special provision on all federal-aid highway (FHWA) funded (CDOT and Local Agency administered) Infrastructure projects that have a federal funding Construction Phase authorization date that has occurred on or after October 23, 2023, and that contain $500,000 or more in federal-aid highway funding. Design Project Managers should consult with their respective Region Business Office or HQ Business Office to determine the type and amount of federal-aid highway funding that has been or will be used in the projects.

The $500,000 threshold is to be based on the aggregate (total amount) of federal aid funding used or to be used in all phases of the project including Construction and any preliminary engineering phases (e.g., Right-of-way, Utilities, Design, Environmental, or Miscellaneous). The federal funding authorization date may also be viewed in the Project Status Report (ZJ40 Report) from SAP under the FHWA Agreement Date column.

Revision of Sections 101 and 106 Buy America and Build America, Buy America Requirements for Projects

Containing $500,000 or More in Federal-Aid Highway Funding

Sections 101 and 106 of the Standard Specifications shall be revised as follows:

Add the following to Subsection 101.02:

Build America, Buy America (BABA) Requirements: Division G, title IX, subtitle A, parts I-II, sections 70901 through 70927 of the Infrastructure Investment and Jobs Act (Pub. L. 117-58) and 2 CFR Parts 184 and 200. The �domestic content procurement preference� set forth in section 70914 of the Build America, Buy America Act, requires that all construction materials and manufactured products incorporated into the project are produced in the United States.

Buy America (BA) Requirements: FHWA Buy America statutory provisions are in 23 U.S.C.313 and the regulatory provisions are in 23 CFR 635.410, which requires that all of the steel and iron incorporated into the project is produced in the United States.

For other policy and guidance links, see the FHWA Construction Program Guide.

Buy America Preferences for Infrastructure Projects: Requirements for federal-aid funded highway projects as outlined and encompassed in 2 CFR Part 184.

Component: An article, material, or supply, whether manufactured or unmanufactured, incorporated directly into: (i) a manufactured product; or, where applicable, (ii) an iron or steel product.

Construction Material: Includes an article, material, or supply that consist of only one of the following items listed means articles, materials, or supplies that consist of only one of the items listed in paragraph (1) of this definition, except as provided in paragraph (2). To the extent one of the items listed in paragraph (1) contains as inputs other items listed in paragraph (1), it is nonetheless a construction material.

(1) The listed items are:

i. Non-ferrous metals;

ii. Plastic and polymer-based products (including polyvinylchloride [PVC], composite building materials, and polymers used in fiber optic cables);

iii. Glass (including optic glass);

iv. Fiber optic cable (including drop cable);

v. Optical fiber;

vi. Lumber;

vii. Engineered wood; and

viii. Drywall.

(2) Minor additions of articles, materials, supplies, or binding agents to a construction material do not change the categorization of the construction material.

Cost of Components for Manufactured Products: In determining whether the cost of components for manufactured products is greater than 55 percent of the total cost of all components, use the following instructions:

(i) or components purchased by the manufacturer, the acquisition cost, including transportation costs to the place of incorporation into the manufactured product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(ii) or components manufactured by the manufacturer, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (i) of this section, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the manufactured product.

Infrastructure Project: Includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy.

Iron or Steel Product: Articles, materials, or supplies that consists wholly or predominantly of iron or steel or a combination of both. Typical iron and steel products subject to Buy America preferences include, but is not limited to, structural and reinforcing steel incorporated into pavements, bridges, and buildings (such as maintenance facilities); steel rail; and other equipment.

Manufactured Product:

(1) Articles, materials, or supplies that have been:

i. Processed into a specific form and shape; or

ii. Combined with other articles, materials, or supplies to create a product with different properties than the individual articles, materials, or supplies.

(2) If an item is classified as an iron or steel product, a construction material, or a section 70917(c) material under the definitions set forth in this section, then it is not a manufactured product. However, an article, material, or supply classified as a manufactured product under paragraph (1) of this definition may include components that are construction materials, iron or steel products, or section 70917(c) materials.

Manufacturer: The entity that performs the final manufacturing process that produces a manufactured product.

Predominantly of iron or steel or a combination of both: Means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components.

Produced in the United States:

(1) Steel or Iron Products: All manufacturing processes, from the initial melting/smelting stage through the application of coatings, occurred in the United States.

(2) Manufactured Products:

i. The product was manufactured in the United States; and

ii. The cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard that meets or exceeds this standard has been established under applicable law or regulation for determining the minimum amount of domestic content of the manufactured product.

(3) Construction materials: All manufacturing processes for the construction material occurred in the United States per 106.11(f) of this specification.

Section 70917(c) Materials: Cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives. See section 70917(c) of the Build America, Buy America Act.

Delete Section 106.11 of the Standard Specifications and replace with the following:

106.11 Buy America (BA) and Build America, Buy America (BABA) Requirements

(a) Contractual Documents. This specification shall be used in conjunction with the applicable version of the Special Notice to Contractors Section of the CDOT Field Materials Manual (FMM), and the requirements therein, in effect at the time of bidding. The Special Notice to Contractors Section of the FMM, and the requirements therein, shall be considered a contractual document when this specification is included.

(b) Categorization of articles, materials, and supplies.

(1) An article, material, or supply should only be classified into one of the following categories:

i. Iron or steel products;

ii. Manufactured products;

iii. Construction materials; or

iv. Section 70917(c) materials.

(2) An article, material, or supply should not be considered to fall into multiple categories. In some cases, an article, material, or supply may not fall under any of the categories listed in paragraph (b)(1) of this section. The classification of an article, material, or supply as falling into one of the categories listed in paragraph (b)(1) must be made based on its status at the time it is brought to the work site for incorporation into an infrastructure project. In general, the work site is the location of the infrastructure project at which the iron, steel, manufactured products, and construction materials will be incorporated.

(3) An article, material, or supply incorporated into an infrastructure project must meet the Buy America Preference for only the single category in which it is classified.

(c) Steel or Iron Products. All manufacturing processes, including the application of a coating, for all steel or iron products permanently incorporated in the work shall have occurred in the United States of America. All manufacturing processes include the processes that change the raw ore or scrap metal into a finished steel or iron product.

The Contractor shall obtain and maintain on file Buy America certifications that every process from either the original smelting or melting operation, including the application of a coating, performed on steel or iron products either has or has not been carried out in the United States of America. These Buy America certifications apply to every steel and iron product that requires pre-inspection, pretesting, certified test results, or a certificate of compliance. Shipping invoices, bar lists, and mill test reports shall accompany the Buy America certifications. These Buy America certifications shall be obtained from each supplier, distributor, fabricator, and manufacturer that has handled each steel or iron product. These Buy America certifications shall create a chain of custody trail for every supplier, distributor, fabricator, and manufacturer that handled the steel or iron product and shall include certified mill test reports with heat numbers from either the original smelting or melting operation. Prior to the permanent incorporation or payment for the steel or iron products, the Contractor shall also provide a copy of these certifications to the Project Engineer. The Contractor shall allow the State, FHWA, and their representatives access to the Buy America certifications including supporting documentation upon request. The lack of these certifications will be justification for rejection of the steel or iron product.

Before the permanent incorporation into the project and before payment for steel or iron products, the Contractor shall also provide the following for every iron or steel product that is delivered:

(i) Contractor Compliance Certification. The compliance certification document shall certify in writing that the Contractor has received and reviewed the Buy America certifications and supplied them to the Project Engineer; the certification(s) and supporting documentation is on file and complies with the Buy America requirements; and when requested, the Contractor has submitted the required documentation to FHWA or other CDOT representatives.

(ii) Monthly Summary of Buy America Certifications. The Contractor shall also maintain a document that summarizes the date and quantity of all steel and iron material delivered to the project. This summary document shall include the pay item, quantity of material delivered to the project, delivered cost of the pay item, and the quantity of material installed by the monthly progress payment cutoff date. The summary document shall reconcile the pay item for the material delivered to the project to the Buy America certifications. The summary document shall also include the delivered cost of all foreign steel or iron delivered and permanently incorporated into the project, if applicable. The Contractor shall also submit a summary document for each month that no steel or iron products are incorporated into or delivered to the project. The Contractor shall submit the summary document to the Engineer by the monthly progress payment cutoff date.

The Contractor shall obtain and maintain on file Buy America certifications that every process from either the original smelting or melting operation, including the application of a coating, performed on steel or iron products either has or has not been carried out in the United States of America. These Buy America certifications apply to every steel and iron product that requires pre-inspection, pretesting, certified test results, or a certificate of compliance. Shipping invoices, bar lists, and mill test reports shall accompany the Buy America certifications. These Buy America certifications shall be obtained from each supplier, distributor, fabricator, and manufacturer that has handled each steel or iron product. These Buy America certifications shall create a chain of custody trail for every supplier, distributor, fabricator, and manufacturer that handled the steel or iron product and shall include certified mill test reports with heat numbers from either the original smelting or melting operation. Prior to the permanent incorporation or payment for the steel or iron products, the Contractor shall also provide a copy of these certifications to the Project Engineer. The Contractor shall allow the State, FHWA, and their representatives access to the Buy America certifications including supporting documentation upon request. The lack of these certifications will be justification for rejection of the steel or iron product.

This requirement will not prevent a minimal use of foreign steel or iron, provided the total cost, including delivery to the project, of all such steel and iron products does not exceed 1/10 of one percent (i.e., 0.1%) of the total contract cost or $2,500, whichever is greater. When there is foreign steel or iron permanently incorporated into the project, the Contractor shall provide documentation of the project delivered cost of that foreign steel or iron to the Project Engineer.

(d) Manufactured Products. The FHWA's 1983 Buy America Final Rule, (see https://www.fhwa.dot.gov/construction/contracts/831125.cfm) waive the application of Build America, Buy America requirements for manufactured products that do not include steel and iron components. However, Buy America requirements apply to steel or iron components of manufactured products (i.e.

steel wire mesh or steel reinforcing components of precast reinforced concrete products).

(e) Glass Beads for Pavement Marking. All post-consumer and industrial glass beads for pavement marking shall have been manufactured from North American glass waste streams in the United States of America. The bead manufacturer shall submit a COC in accordance with subsection 106.12 confirming that North American glass waste streams were used in the manufacture of the glass beads.

(f) Construction Materials. Build America, Buy America (BABA) requirements apply to the following construction materials incorporated into infrastructure projects.

Each listed construction material is followed by material-specific manufacturing process criteria that is necessary to be considered �produced in the United States.�

1. Non-ferrous metals. All manufacturing processes, from initial smelting or melting through final shaping, coating, and assembly, occurred in the United States;

2. Plastic and polymer-based products (including polyvinylchloride [PVC], composite building materials, and polymers used in fiber optic cables).

All manufacturing processes, from initial combination of constituent plastic or polymer-based inputs, or, where applicable, constituent composite materials, until the item is in its final form, occurred in the United States;

3. Glass (including optic glass). All manufacturing processes, from initial batching and melting of raw materials through annealing, cooling, and cutting, occurred in the United States. See section 106.11(d) of the CDOT Specifications for additional requirements related to glass beads for pavement marking;

4. Fiber optic cable (including drop cable). All manufacturing processes, from the initial ribboning (if applicable), through buffering, fiber stranding and jacketing, occurred in the United States. All manufacturing processes also include the standards for glass and optical fiber, but not for non-ferrous metals, plastic and polymer-based products, or any others;

5. Optical fiber. All manufacturing processes, from the initial preform fabrication stage through the completion of the draw, occurred in the United States;

6. Lumber. All manufacturing processes, from initial debarking through treatment and planing, occurred in the United States;

7. Engineered wood. All manufacturing processes from the initial combination of constituent materials until the wood product is in its final form, occurred in the United States; and

8. Drywall. All manufacturing processes, from initial blending of mined or synthetic gypsum plaster and additives through cutting and drying of sandwiched panels, occurred in the United States.

Except as specifically provided, only a single standard under paragraph (f) of this section should be applied to a single construction material.

Before the permanent incorporation into the project and before payment for all eligible construction materials, the Contractor shall obtain a certification from each supplier, distributor, fabricator, and manufacturer that has handled the construction material and submit it to the Project Engineer. This certification shall identify that every material-specific manufacturing process as listed above either has or has not been carried out in the United States of America and shall attest specifically to Build America, Buy America compliance.

In the case that eligible construction materials are permanently incorporated into the project, the Contractor shall maintain and submit on a monthly basis, CDOT Form #1600, Contractor�s Certificate of Compliance summarizing the Item Description, CDOT Bid Item Number, Manufacturer Name, Date, and Quantity Received, Date and Quantity Installed, Bid Item Unit, and bid item cost of all eligible construction materials. The completed Form #1600(s) shall be kept in the project files and shall be submitted as part of the material final documentation package.

In the case that no eligible construction materials are permanently incorporated into the project, the Contractor shall maintain and submit on a monthly basis, CDOT Form #1610, Non-Applicable Projects: Build America, Buy America (BABA), certifying that no construction materials subject to Build America, Buy America requirements as defined in this section will be permanently incorporated into the project. The completed Form #1610(s) shall be kept in the project files and shall be submitted as part of the material final documentation package.

Form #1600 or Form #1610 does not relieve the Contractor of providing the necessary Build America, Buy America supplier certifications prior to permanent incorporation into the project or before payment for the material. The Contractor shall allow the State, FHWA, and their representatives access to the Buy America and Build America, Buy America certifications and supporting documentation upon request. The lack of these certifications will be justification for rejection of the construction material.

(i) This requirement will not prevent a minimal use of foreign construction materials, provided the total cost of non-compliant materials, including delivery to the project, of all such construction materials does not exceed $1,000,000 or five percent of the total applicable project costs, whichever is lesser. Total applicable project costs are defined as the cost of materials (including the cost of any manufactured products) used in the project that are subject to Buy America and/or Build America, Buy America requirements. When there are foreign construction materials permanently incorporated into the project, the Contractor shall provide documentation of the project bid item cost of the non-compliant materials to the Project Engineer before permanent incorporation or payment. Form #1600 shall be used to track the total applicable project cost of all materials subject to Buy America and/or Build America, Buy America requirements. The foreign construction material minimal use threshold percentage of five percent shall not be exceeded in any given month.

(g) Section 70917(c) materials including cement and cementitious materials;

aggregates such as stone, sand, or gravel; and aggregate binding agents or additives are not subject to Build America, Buy America requirements.

(h) Project Level Waivers. The Federal Highway Administration is responsible for processing and approving all waivers, including waivers requested by recipients and on behalf of subrecipients. More information on Buy America waivers can be found in the Field Materials Manual Special Notice to Contractors.

If a Contractor desires to pursue a waiver they shall notify the CDOT Project Engineer in writing who will then submit it to the CDOT Materials & Geotechnical Services Unit, Pavement Design and Documentation Services Program. The Pavement Design and Documentation Services Program will review it and forward it to the FHWA Division Office for consideration.

A Contractor�s decision to pursue any waivers on the project shall not waive or otherwise nullify any provisions of the Contract. In addition, the time to obtain a waiver shall be considered a non-excusable, non-compensable delay and Liquidated Damages (per Subsection 108.09) will be enforced should the Contract Time (original or as amended) expire due to the approval or non-approval of a waiver.

The Contractor will not be entitled to an extension of contract time due to the approval or non-approval of a waiver and no such claim will be considered.

Revision Of Sections

101 - Definitions 106 - Control of Materials

Notice

The Standard Special Provision (SSP) on the following page revises or modifies CDOT�s Standard Specifications for Road and Bridge Construction. The Construction Engineering Services Branch has reviewed, approved, and issued it. Use as written without change. Do not use modified versions of it on CDOT construction projects. Do not use the following special provision on CDOT projects in a manner other than specified in the instructions without approval by CDOT�s Standards and Specifications Unit. The instructions for use appear below.

Other agencies using the Standard Specifications for Road and Bridge Construction to administer construction projects may use this special provision appropriately and at their own risk.

Instructions for use on CDOT construction projects:

Use the following standard special provision on all projects.

Revision Of Sections 101 - Definitions

106 - Control of Materials

Revise Section 101 of the Standard Specifications as follows:

Delete and replace the following definitions in subsection 101.02:

Subcontractor. An individual, firm, corporation, or other legal entity at any tier to whom the Contractor sublets part of the Contract. A subcontractor shall include an individual, firm, corporation, or other legal entity who meets one or both of the following criteria:

(a) Establishes a fabricating process or facility exclusively for the use of the Project, whether on or off the site of work per 29 CFR 5.2 Site of Work (1)(i)(ii)(iii).

(b) Performs work that is incorporated within the Project limits.

Supplier: An individual, firm, or corporation who meets all of the following criteria:

(a) Sells manufactured materials as a broker, distributor, dealer, manufacturer, or wholesaler who may or may not deliver the materials to the site of work.

(b) The manufacturing of the materials, articles, supplies, or equipment used for the contract that is being supplied shall come from a facility or facilities that:

(1) Is not located on, nor does itself constitute, the project or contract's primary construction site or secondary construction site as defined in 29 CFR 5.2; and

(2) Either was established before opening of bids on the contract, or is not dedicated exclusively, or nearly so, to the performance of the contract.

(c) The supplier�s only obligations for activity on the contract is the delivery of materials, articles, supplies, or equipment, which may include pickup of the same in addition to, but not exclusive of, delivery, and which may also include activities incidental to such delivery and pickup, such as loading, unloading, or waiting for materials to be loaded or unloaded; and

(d) If an entity, in addition to being engaged in the activities specified in paragraph

(c) of this definition, also engages in other construction, prosecution, completion, or repair on the site of the work, then this entity is not a supplier but a contractor.

Revise Section 106 of the Standard Specifications as follows:

Delete and replace subsection 106.01 with the following:

106.01 Source of Supply and Quality Requirements. All materials used shall meet all quality requirements of the Contract. The Contractor shall comply with the requirements of the special notice to contractors contained in the Department�s Field Materials Manual, including notifying the Engineer of the proposed sources of materials at least two weeks before delivery.

When alternative materials are permitted for an item in the Contract, the Contractor shall state at the Pre-construction Conference the material that will be furnished for that item.

Reference in the Contract to a particular product or to the product of a specific manufacturer, followed by the phrase �or approved equal�, is intended only to establish a standard of quality, durability, and design, and shall not be construed as limiting competition. Products of other manufacturers will be acceptable provided such products are equal to that specified.

All rental equipment companies and all entities who meet the Supplier definition, as outlined in 101.02, in which the written agreement exceeds $10,000, shall have the following requirements for the Contract:

(a) Rental equipment companies and Suppliers shall create an account in the B2GNow software system.

(b) The Contractor shall submit a completed Form 1425 in the B2GNow software system at such time that the $10,000 amount is known to be exceeded and/or before the following occurs on the Contract:

• the Supplier�s upper tier begins work, or

• rental equipment is being used, or

• incorporating materials into the Contract

Failure to comply with the requirements of this subsection shall be grounds for withholding of progress payments.

October 1, 2023

Revision of Sections 105 and 106 Conformity to the Contract of Hot Mix Asphalt

(Voids Acceptance)

Notice

This is a standard special provision that revises or modifies CDOT�s Standard Specifications for Road and Bridge Construction. It has gone through a formal review and approval process and has been issued by CDOT�s Project Development Branch with formal instructions regarding its use on CDOT construction projects. It is to be used as written without change. Do not use modified versions of this special provision on CDOT construction projects, and do not use this special provision on CDOT projects in a manner other than that specified in the instructions unless such use is first approved by the Standards and Specifications Unit of the Project Development Branch. The instructions for use on CDOT construction projects appear below.

Other agencies that use the Standard Specifications for Road and Bridge Construction to administer construction projects may use this special provision as appropriate and at their own risk.

Instructions for Use on CDOT construction projects:

Use this standard special provision on projects with 5000 or more tons of hot mix asphalt when acceptance is based on air voids, and other elements.

Revision of Sections 105 and 106 Conformity to the Contract of Hot Mix Asphalt

(Voids Acceptance)

Sections 105 and 106 of the Standard Specifications are hereby revised for this project as follows:

Delete subsection 105.05 and replace with the following:

105.05 Conformity to the Contract of Hot Mix Asphalt. Conformity to the Contract of all Hot Mix Asphalt, Item 403, except Hot Mix Asphalt (Patching) and temporary pavement will be determined by tests and evaluations of elements that include asphalt content, voids in the mineral aggregate, air voids, in-place density, and joint density in accordance with the following:

All work performed and all materials furnished shall conform to the lines, grades, cross sections, dimensions, and material requirements, including tolerances, shown in the Contract.

When the Engineer finds the materials or work furnished, work performed, or the finished product are not in conformity with the Contract and has resulted in an inferior or unsatisfactory product, the work or material shall be removed and replaced or otherwise corrected at the expense of the Contractor.

Materials will be sampled randomly and tested by the Department in accordance with subsection 106.05 and with the applicable procedures contained in the Department�s Field Materials Manual. The approximate maximum quantity represented by each sample will be as set forth in subsection 106.05. Additional samples may be selected and tested as set forth in subsection 106.05 at the Engineer�s discretion.

A process will consist of either a test value or a series of test values resulting from related tests of an element of the Contractor�s work and materials. An element is a material and/or workmanship property that can be tested and evaluated for quality level by the Department approved sampling, testing, and analytical procedures. All materials produced will be assigned to a process of each element being tested and evaluated. A change in process is defined as a change that affects the element involved. For any element, with the exception of the joint density element, a process normally will include all produced materials associated with that element prior to a change in the job mix formula (Form 43).

For joint density, a new process will be established for each new layer of pavement or for changes in joint construction. In-place density measurements taken within each compaction test section will be a separate process. The Engineer may separate a process in order to accommodate small quantities or unusual variations.

Evaluation of materials for pay factors (PF) will be done using only the Department�s acceptance test results. Each process will have a PF computed in accordance with the requirements of this Section. Test results determined to have sampling or testing errors will not be used.

Except for in-place density measurements taken within a compaction test section, any test

Revision of Sections 105 and 106 Conformity to the Contract of Hot Mix Asphalt

(Voids Acceptance) result for the asphalt content, in-place density and/or joint density element greater than the distance 2 x V (see Table 105-2) outside the tolerance limits will be designated as a separate process and the quantity it represents will be evaluated in accordance with subsection 105.05(a). An element pay factor less than zero shall be zero. The calculated PF will be used to determine the Incentive/Disincentive Payment (I/DP) for the process in accordance with 105.05(e) Evaluation of Work.

Any test result for the air voids or VMA elements greater than the distance 2 x V (see Table 105-2) outside the tolerance limits will be designated as a separate process and the quantity it represents shall be removed and replaced with specification material at the Contractor�s expense.

In the case of in-place density or joint density, the Contractor will be allowed to core the exact location (or immediately adjacent location for joint density) of a test result more than 2 x V outside the tolerance limit. The core must be taken and furnished to the Engineer within eight hours after notification by the Engineer of the test result. The result of this core will be used in lieu of the previous test result. Cores not taken within eight hours after notification by the Engineer will not be used in lieu of the test result. All costs associated with coring will be at the Contractor�s expense.

(a) Representing Small Quantities. When it is necessary to represent a process by only one or two test results, PF will be the average of PFs resulting from the following:

If the test result is within the tolerance limits then PF = 1.00.

If the test result is above the maximum specified limit, then

PF = 1.00 � [0.25(T0 - TU)/V]

If the test result is below the minimum specified limit, then

PF = 1.00 � [0.25(TL - T0)/V]

Where: PF = pay factor.

V = V factor from Table 105-2.

T0 = the individual test result.

TU = upper specification limit.

TL = lower specification limit.

If the pay factor of any of the above calculations is less than 0.75 for any element, the acceptance of the work will be evaluated according to subsection 105.05(e).

(b) Determining Quality Level. Each process with three or more test results will be evaluated for a quality level (QL) in accordance with Colorado Procedure 71.

(c) Joint Density Element. Joint density will be tested according to subsection 401.17.

(d) Process Pay Factor. Using the calculated QL for the process, compute the PF as follows:

Revision of Sections 105 and 106 Conformity to the Contract of Hot Mix Asphalt

(Voids Acceptance)

The final number of random samples (Pn) in each process will determine the final pay factor. As test values are accumulated for each process, Pn will change accordingly.

When the process has been completed, the number of random samples it contains will determine the computation of PF, based on Table 105-3 and formula (1) below. When Pn is from 3 to 9, or greater than 200, PF will be computed using the formulas designated in Table 105-3. Where Pn is equal to or greater than 10 and less than 201, PF will be computed by formula (1):𝑃𝐹= 𝑃𝐹1 + 𝑃𝐹2

𝑃𝐹2 + 𝑃𝐹3

― 𝑃𝐹1 + 𝑃𝐹2

(𝑃𝑛2 ― 𝑃𝑛𝑋)(𝑃𝑛2 ― 𝑃𝑛3)

Formula (1)

Where, when referring to Table 105-3:

PF1= PF determined at the next lowest Pn formula using process QL PF2= PF determined using the Pn formula shown for the process QL PF3= PF determined at the next highest Pn formula using process QL Pn2= the lowest Pn in the spread of values listed for the process Pn formula Pn3= the lowest Pn in the spread of values listed for the next highest Pn formula PnX= the actual number of test values in the process

When evaluating the item of Furnish Hot mix asphalt, the PF for the element of In-Place Density shall be 1.0.

Regardless of QL, the maximum PF in relation to Pn is limited in accordance with Table 105-3.

As test results become available, they will be used to calculate QL and PF numbers for each process. The process I/DP�s will then be calculated and accumulated for each element and for the item. The test results and the accumulated calculations will be made available to the Contractor upon request.

Numbers from the calculations will be carried to significant figures and rounded according to AASHTO Standard Recommended Practice R-11, Rounding Method.

(e) Evaluation of Work. When the PF of a process is 0.75 or greater, the finished quantity of work represented by the process will be accepted at the appropriate pay factor. If the PF for the air voids or VMA elements within any process is less than 0.75, the Contractor shall remove and replace the material with specification material at the Contractor�s expense. If PF for any other element within any process is less than 0.75, the Engineer may:

1. Require complete removal and replacement with specification material at the Contractor�s expense, or

Revision of Sections 105 and 106 Conformity to the Contract of Hot Mix Asphalt

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2. Where the finished product is found to be capable of performing the intended purpose and the value of the finished product is not affected, permit the Contractor to leave the material in place. If the material is permitted to remain in place, the PF for the process shall not be greater than 0.75. The Region Materials Engineer (RME) will be consulted prior to determining the material will be allowed to remain in place. The RME will also be consulted to assist in determining an appropriate pay factor.

When condition red, as described in subsection 106.05(g), exists for any element, resolution and correction will be in accordance with subsection 106.05(g). Material that the Engineer determines is defective may be isolated and rejected without regard to sampling sequence or location within a process.

If removal and replacement is required because the joint density PF for a process is below 0.75, the Contractor shall remove and replace the full lane width adjacent to and including at least six inches beyond the visible joint line for the entire length of joint representing the process. If the lane removed is adjacent to another joint, that joint shall also be removed to a point six inches beyond the visible joint line. When a single joint density core is more than 2V outside the tolerance limits, the removal and replacement limits shall be identified by coring the failing joint at 25 foot intervals until two successive cores are found to be 1V or less. Below the minimum tolerance limit. If removal and replacement is required, the Contractor shall submit documentation identifying the process to be used to correct the area in question. The process will be approved by the Engineer before commencing the corrective work.

Table 105-2

�W� And �V� Factors for Various Elements

Element V Factor W Factor

Asphalt Content 0.20 10

Voids in the Mineral Aggregate

0.60 10

Air Voids 0.60 30

In-place Density 1.10 35

Joint Density 1.60 15

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Table 105-3

Formulas for Calculating PF Based On PN

Pn

When Pn as shown at left is 3 to 9, or greater than 200, use designated formula below to calculate Pay Factor, PF = ..., when Pn is 10 to 200, use formula (1) above:

Maximum PF

3 0.31177 + 1.57878 (QL/100) - 0.84862 (QL/100)2 1.025

4 0.27890 + 1.51471 (QL/100) - 0.73553 (QL/100)2 1.030

5 0.25529 + 1.48268 (QL/100) - 0.67759 (QL/100)2 1.030

6 0.19468 + 1.56729 (QL/100) - 0.70239 (QL/100)2 1.035

7 0.16709 + 1.58245 (QL/100) - 0.68705 (QL/100)2 1.035

8 0.16394 + 1.55070 (QL/100) - 0.65270 (QL/100)2 1.040

9 0.11412 + 1.63532 (QL/100) - 0.68786 (QL/100)2 1.040

10 to 11 0.15344 + 1.50104 (QL/100) - 0.58896 (QL/100)2 1.045

12 to 14 0.07278 + 1.64285 (QL/100) - 0.65033 (QL/100)2 1.045

15 to 18 0.07826 + 1.55649 (QL/100) - 0.56616 (QL/100)2 1.050

19 to 25 0.09907 + 1.43088 (QL/100) - 0.45550 (QL/100)2 1.050

26 to 37 0.07373 + 1.41851 (QL/100) - 0.41777 (QL/100)2 1.055

38 to 69 0.10586 + 1.26473 (QL/100) - 0.29660 (QL/100)2 1.055

70 to 200 0.21611 + 0.86111 (QL/100) 1.060

> 201 0.15221 + 0.92171 (QL/100) 1.060

(f) Process I/DP Computation.

I/DP = (PF - 1)(QR)(UP)(W/100)

Where: I/DP= Incentive/Disincentive Payment

PF = Pay Factor

QR = Quantity in Tons of HMA Represented by the Process

UP = Unit Bid Price of Asphalt Mix

W = Element Factor from Table 105-2

When AC is paid for separately UP shall be:

UP = [(TonHMA)(UPHMA) + (TonAC)(UPAC)]/TonHMA

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Where: TonHMA = Tons of Asphalt Mix

UPHMA = Unit Bid Price of Asphalt Mix

TonAC = Tons of Asphalt Cement

UPAC = Unit Bid Price of Asphalt Cement

For the Joint Density element:

UP = UPHMA

Where: UPHMA is as defined above.

When AC is paid for separately UP shall be:

UP = [(BTonHMA)(BUPHMA) + (BTonAC)(BUPAC)]/BTonHMA

Where: BTonHMA = Bid Tons of Asphalt Mix

BUPHMA = Unit Bid Price of Asphalt Mix

BTonAC = Bid Tons of Asphalt Cement

BUPAC = Unit Bid Price of Asphalt Cement

(g) Element I/DP. The I/DP for an element shall be computed by accumulating the process I/DP for that element.

(h) I/DP for a Mix Design. The I/DP for a mix design shall be computed by accumulating the process I/DPs for the asphalt content, voids in the mineral aggregate, air voids, and in-place density elements for that mix design. The accumulated quantities of materials for each element must be the same at the end of I/DP calculations for a mix design.

(i) Project I/DP. The I/DP for the project shall be computed by accumulating the mix design I/DP�s and the joint density I/DP�s. The accumulated quantities of materials for each element must be the same at the end of I/DP calculations for the project.

Delete subsection 106.05 and replace with the following:

106.05 Sampling and Testing of Hot Mix Asphalt. All HMA, Item 403, except HMA (Patching) and temporary pavement shall be tested in accordance with the following program of process control testing and acceptance testing:

(a) Process Control Testing. The Contractor shall be responsible for process control testing on all elements listed in Table 106-1. Process control testing shall be performed at the expense of the Contractor. The Contractor shall develop a process control plan (PCP) in accordance with the following:

1. Process Control Plan. For each element listed in Table 106-1, the PCP must provide adequate details to ensure that the Contractor will perform process control. The Contractor shall submit the PCP to the Engineer at the preconstruction conference.

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The Contractor shall not start any work on the project until the Engineer has approved the PCP in writing.

A. Frequency of Tests or Measurements. The PCP shall indicate a random sampling frequency, which shall not be less than that shown in Table 106-1. The process control tests shall be independent of acceptance tests.

B. Worksheets, Forms, and Charts. The Contractor shall submit examples of worksheets, test result forms, and test results charts in accordance with CP 12 as part of the PCP.

C. Test Result Chart. Each process control test result, the appropriate tonnage and the tolerance limits shall be plotted. For in-place density tests, only results after final compaction shall be shown. The chart shall be posted daily at a location convenient for viewing by the Engineer.

D. Quality Level Chart. The Quality Level (QL) for each element used to calculate incentive or disincentive in Table 106-1 and each required sieve size shall be plotted. The QL will be calculated in accordance with the procedure in CP 71 for Determining Quality Level (QL). The QL will be calculated on tests 1 through 3, then tests 1 through 4, then tests 1 through 5, then thereafter the last five consecutive test results. The tonnage of material represented by the last test result shall correspond to the QL. For in-place density tests, only results after final compaction shall be shown. The chart shall be posted daily at a location convenient for viewing by the Engineer.

2. Elements Not Conforming to Process Control. The QL of each discrete group of five test results, beginning with the first group of five test results, shall be a standard for evaluating material not conforming to process control. When the group QL is below 65, the process shall be considered as not conforming to the PCP. In this case, the Contractor shall take immediate action to bring the process back into control. Except where the cause of the problem is readily apparent and corrected without delay, production shall be suspended until the source of the problem is determined and corrected. A written explanation of actions taken to correct control problems shall accompany the test data and be submitted to the Engineer on the day the actions are taken.

3. Point of Sampling. The material for process control testing shall be sampled by the Contractor using approved procedures. Acceptable procedures are Colorado Procedures, AASHTO and ASTM. The order of precedence is Colorado Procedures, AASHTO procedures and then ASTM procedures. The location where material samples will be taken shall be indicated in the PCP.

4. Testing Standards. The PCP shall indicate which testing standards will be followed.

Acceptable standards are Colorado Procedures, AASHTO and ASTM. The order of precedence is Colorado Procedures, AASHTO procedures and then ASTM procedures.

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5. Testing Supervisor Qualifications. The person responsible for the process control sampling and testing shall be identified in the PCP and be qualified according to the requirements of CP 10

6. Technician Qualifications. Technicians taking samples and performing tests must be qualified according to the requirements of CP 10.

7. Testing Equipment. All of the testing equipment used to conduct process control testing shall conform to the standards specified in the test procedures and be in good working order. Nuclear testing devices used for process control testing of in-place density do not have to be calibrated on the Department's calibration blocks.

8. Reporting and Record Keeping. The Contractor shall report the results of the process control tests to the Engineer in writing at least once per day. The Contractor shall assemble a Process Control (PC) notebook and update it daily. This notebook shall contain all worksheets, test results forms, test results charts and quality level charts for each of the elements listed in Table 106-1. The Contractor shall submit the PC notebook to the Engineer for review once a month on the date agreed to at the Pre- Paving Conference. The PC notebook will be returned to the Contractor within one working day after submittal.