_SSP_Salida_2024-01-08 SALIDA OAK STREET - 24848.pdf

SSP Index 01-08-2024 [For 2023 Spec Book]

COLORADO

DEPARTMENT OF TRANSPORTATION

SPECIAL PROVISIONS

SALIDA SRTS FY21-24525

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) 4 Buy America Requirements - No-Federal Aid Revision of Section 103 – Colorado Resident Bid Preference (October 1, 2023) 1 Revision of Section 105 – Construction Drawings (October 1, 2023) 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 Sections 105, 106, 412, and 601 – PCCP Acceptance (January 8, 2024) 12 Revision of Section 106 – Country of Origin (October 1, 2023) 1 Revision of Section 207 – Topsoil (October 1, 2023) 9 Revision of Section 212 – Soil Amendments, Seeding, and Sodding (October 1, 2023) 25 Revision of Section 401 – Plant Mix Pavements-General (January 8, 2024) 4 Revision of Section 601 – Structural Concrete (October 1, 2023) 5 Affirmative Action Requirements Equal Employment Opportunity (October 1, 2023) 13 Required Contract Provisions – Federal-Aid Construction Contracts (October 23, 2023) 15

January 8, 2024 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.

Revision Of Sections 101 - Definitions

106 - Control of Materials

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.

Revision of Sections 101 and 106 Buy America And Build America, Buy America Requirements – No Federal

Aid

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.

https://www.gpo.gov/fdsys/pkg/USCODE-2014-title23/html/USCODE-2014-title23-chap3-sec313.htm https://www.gpo.gov/fdsys/pkg/USCODE-2014-title23/html/USCODE-2014-title23-chap3-sec313.htm http://www.gpo.gov/fdsys/pkg/CFR-2013-title23-vol1/xml/CFR-2013-title23-vol1-sec635-410.xml https://www.fhwa.dot.gov/construction/cqit/buyam.cfm https://www.ecfr.gov/current/title-2/part-184

Revision of Sections 101 and 106

(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.

Revision of Sections 101 and 106

(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.

Revision of Sections 101 and 106

Section 106 of the Standard Specifications is hereby revised as follows:

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) 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.

October 1, 2023

Revision of Section 103

Colorado Resident Bid Preference

Section 103 of the Standard Specifications is hereby revised for this project as follows:

Subsection 103.01 shall include the following:

(a) Colorado Resident Bid Preference. A resident bidder shall be allowed a preference against a nonresident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the nonresident bidder is a resident.

Resident bidder means:

(1) A person, partnership, corporation, or joint venture which is authorized to transact business in Colorado, and which maintains its principal place of business in Colorado:

or,

(2) A person, partnership, corporation, or joint venture, which is authorized to transact business in Colorado, which maintains a place of business in Colorado, and which has paid Colorado unemployment compensation taxes in at least seventy-five percent of the eight quarters immediately prior to bidding on a construction contract for a public project.

To determine the resident bid preference status of a bidder, the bidder shall submit a completed Form 604 with the proposal. Failure to submit the residency Form with the proposal will be justification for and may result in the rejection of the proposal and forfeiture of the proposal guaranty.

The proposals will be treated as follows:

(1) All proposals will be checked for accuracy by the Department.

(2) The dollar amount of the checked proposal from nonresident bidders will be adjusted by a percentage equal to the percentage preference given or required by the state or foreign country of the bidder’s residency. If the state or foreign country does not give or require a residency preference, no adjustment in the proposal dollar amount will be made.

(3) Adjusted proposals from nonresident bidders will then be compared to proposals from resident bidders, and the bidder with the lowest total will be considered the apparent low bidder.

(4) Should a nonresident bidder be the apparent low bidder, in accordance with paragraph (3) above, an award will be made on the basis of the original proposal, not the adjusted proposal.

(5) The Department will proceed with its normal award procedure.

Revision of Section 105 Construction Drawings

Section 105 of the Standard Specifications is hereby revised for this project as follows:

Delete subsection 105.02(f).

Control Of Work

Revise Section 105 of the Standard Specifications as follows:

Revise Paragraphs 4, 5 and 6 of Subsection 105.20 as follows:

If damage occurs to an existing structure through improper maintenance per 105.19, the Contractor shall submit a repair procedure to the Engineer to repair the defect(s).

The repair categories and requirements are defined as follows:

a) “In-kind” repairs. In-kind repairs are repairs where the As-Built or Advertised plans are utilized to replace or repair damaged components with identical dimensions and materials used plans and where no plan modifications are made.

In-kind repair procedures shall be reviewed and accepted by the Engineer before any repair. The use of approved repair grouts or doweled reinforcing with epoxy adhesive is permitted in in-kind repairs. Doweled reinforcing shall meet or exceed the strength requirements of the original design.

b) “Modified repairs”. Modified repairs are those which deviate in dimensions and/or materials from the As-Built or Advertised plans or where plans are not available.

Modified repair procedure submittals shall include calculations, independent design calculations, shop drawings, and/or working drawings per 105.02, and any other applicable section of the specifications for the needed repair. The Contractor’s Engineer shall electronically seal Modified repair submittals.

Damage to new structures or modified structures, shall be repaired per the contract documents.

The Engineer of Record shall be notified and review all corresponding submittals before any repairs.

Dispute Review Board And Claims For Unresolved Disputes

Revise Section 105 of the Standard Specifications as follows:

Delete and replace Section 105.23 (i) with the following:

(i) Dispute Review Board Recommendation. The DRB shall issue a Recommendation per the following procedures:

1. The DRB shall not make a recommendation on the dispute at the meeting. Before the closure of the hearing, the DRB members and the Contractor and CDOT together will discuss the time needed for analysis and review of the dispute and the issuance of the DRB’s recommendation.

The maximum time shall be 30 days unless otherwise agreed to by both parties.

2. After the meeting has been closed, the DRB shall prepare a written Recommendation signed by each member of the DRB. In the case of a three member DRB where one member dissents, that member shall prepare a written dissent and sign it. The DRB’s recommendation shall include the following:

(a) A summary of the issues and factual evidence presented by the Contractor and CDOT concerning the dispute.

(b) Recommendations concerning the validity of the dispute.

(c) Recommendations concerning the value of the dispute as to cost impacts if the dispute is determined to be valid.

(d) The contractual and factual bases supporting the recommendation(s) made including an explanation as to why each and every position was accepted or rejected.

(e) Detailed and supportable calculations which support any recommendation(s).

3. The chairperson shall transmit the signed Recommendation and any supporting documents to both parties.

105.24 Claims for Unresolved Disputes delete and replace with the following:

105.24 Claims for Unresolved Disputes. The Contractor may file a claim only if the disputes resolution process described in subsections 105.22 and 105.23 has been exhausted without resolution of the dispute. Other methods of nonbinding dispute resolution, exclusive of litigation, can be used if agreed to by both parties.

This subsection applies to any unresolved dispute or set of disputes between CDOT and the Contractor with an aggregate value of more than $15,000. Unresolved disputes with an aggregate value of more than $15,000 from subcontractors, materials suppliers or any other entity not a party to the Contract shall be submitted through the Contractor per this subsection as a pass-through claim. Review of a pass-through claim does not create privity of Contract between CDOT and any other entity.

Subsections 105.22, 105.23 and 105.24 provide both contractual alternative dispute resolution processes and constitute remedy- granting provisions pursuant to Colorado Revised Statutes (CRS)

REVISION OF SECTIONS OF 105

DISPUTE REVIEW BOARD AND

CLAIMS FOR UNRESOLVED DISPUTES

which must be exhausted in their entirety.

Litigation proceedings must commence within 180-calendar days of the Chief Engineer's decision, absent written agreement otherwise by both parties.

The venue for all unresolved disputes with an aggregate value $15,000 or less shall be the County Court for the City and County of Denver.

Non-binding Forms of alternative dispute resolution such as Mediation are available upon mutual agreement of the parties for all claims submitted per this subsection.

The cost of the non-binding ADR process shall be shared equally by both parties with each party bearing its own preparation costs. The type of nonbinding ADR process shall be agreed upon by the parties and shall be conducted within the State of Colorado at a mutually acceptable location. Participation in a nonbinding ADR process does not in any way waive the requirement that litigation proceedings must commence within 180-calendar days of the Chief Engineer's decision, absent written agreement otherwise by both parties.

(a) Notice of Intent to File a Claim. Within 30 days after rejection of the Dispute Resolution

Board’s Recommendation issued per subsection 105.23, the Contractor shall provide the Region Transportation Director (RTD) with a written notice of intent to file a claim. The Contractor shall also send a copy of this notice to the Resident Engineer. For the purpose of this subsection, Region Transportation Director shall mean the Region Transportation Director or the Region Transportation Director’s designated representative. CDOT will acknowledge in writing receipt of Notice of Intent within seven days.

(b) Claim Package Submission. Within 60 days after submitting the notice of intent to file a claim, the Contractor shall submit to the RTD five copies of a complete claim package representing the final position the Contractor wishes to have considered. All claims shall be in writing and in sufficient detail to enable the RTD to ascertain the basis and amount of claim. The claim package shall include all documents supporting the claim, regardless of whether such documents were provided previously to CDOT.

If requested by the Contractor, the 60-day period may be extended by the RTD in writing before final acceptance. At a minimum, the following information shall accompany each claim:

1. A claim certification containing the following language, as appropriate:

REVISION OF SECTIONS OF 105

A. For a direct claim by the Contractor:

B. For a pass-through claim:

PASS-THROUGH CLAIM CERTIFICATION

Under penalty of law for perjury or falsification, the undersigned, (name) , (title) , , of (company) , hereby certifies that the claim of $ for extra compensation and Days additional time, made for work on this Project is true to the best of my knowledge and belief and supported under the Contract between the parties.

This claim package contains all available documents that support the claims made and I understand that no additional information, other than for clarification and data supporting previously submitted documentation, may be presented by me.

Dated /s/ Subscribed and sworn before me this day of

NOTARY PUBLIC

My Commission Expires:

Dated /s The Contractor certifies that the claim being passed through to CDOT is passed through in good faith and is accurate and complete to the best of my knowledge and belief.

Dated /s/ Subscribed and sworn before me this day of_

NOTARY PUBLIC

My Commission Expires:

CONTRACTOR’S CLAIM CERTIFICATION

Under penalty of law for perjury or falsification, the undersigned, (name) , (title) , of (company) , hereby certifies that the claim of $ for extra compensation and Days additional time, made for work on this Contract is true to the best of my knowledge and belief and supported under the Contract between the parties.

This claim package contains all available documents that support the claims made and I understand that no additional information, other than for clarification and data supporting previously submitted documentation, may be presented by me.

Dated /s/ Subscribed and sworn before me this day of

NOTARY PUBLIC

My Commission Expires:

REVISION OF SECTIONS OF 105

2. A detailed factual statement of the claim for additional compensation, time, or both, providing all necessary dates, locations, and items of work affected by the claim. The Contractor’s detailed factual statement shall expressly describe the basis of the claim and factual evidence supporting the claim. This requirement is not satisfied by simply incorporating into the claim package other documents that describe the basis of the claim and supporting factual evidence.

3. The date on which facts were discovered which gave rise to the claim.

4. The name, title, and activity of all known CDOT, Consultant, and other individuals who may be knowledgeable about facts giving rise to such claim.

5. The name, title, and activity of all known Contractor, subcontractor, supplier and other individuals who may be knowledgeable about facts giving rise to such claim.

6. The specific provisions of the Contract, which support the claim and a statement of the reasons why such provisions support the claim.

7. If the claim relates to a decision of the Project Engineer, which the Contract leaves to the Project Engineer’s discretion, the Contractor shall set out in detail all facts supporting its position relating to the decision of the Project Engineer.

8. The identification of any documents and the substance of all oral communications that support the claim.

9. Copies of all known documents that support the claim.

10. The Dispute Review Board Recommendation.

11. If an extension of contract time is sought, the documents required by subsection 108.08(d).

12. If additional compensation is sought, the exact amount sought and a breakdown of that amount into the following categories:

A. These categories represent the only costs that, if applicable, are recoverable by the Contractor. All other costs or categories of costs are not recoverable:

(1) Actual wages and benefits, including FICA, paid for additional labor.

(2) Costs for additional bond, insurance, and tax.

(3) Increased costs for materials.

(4) Equipment costs calculated per subsection 109.04(c) for Contractor owned equipment and based on certified invoice costs for rented equipment.

(5) Costs of extended job site overhead (only applies if the dispute also includes a time extension).

(6) Salaried employees assigned to the project (only applies if the dispute also includes a time extension or if the dispute required salaried employee(s) to be added to the Project).

(7) Claims from subcontractors and suppliers at any level (the same level of detail as specified is required for all such claims).

REVISION OF SECTIONS OF 105

(8) An additional 16 percent will be added to the total of items (1) through (7) as compensation for items for which no specific allowance is provided, including profit and home office overhead.

(9) Interest shall be paid per CRS 5-12-102 beginning from the date of the Notice of Intent to File Claim.

B. In adjustment for the costs as allowed above, the Department will have no liability for the following items of damages or expense:

(1) Profit in excess of that provided in 12.A.(8) above.

(2) Loss of Profit.

(3) Additional cost of labor inefficiencies in excess of that provided in A. above.

(4) Home office overhead in excess of that provided in A. above.

(5) Consequential damages, including but not limited to loss of bonding capacity, loss of bidding opportunities, and insolvency.

(6) Indirect costs or expenses of any nature in excess of that provided in A. above.

(7) Attorney’s fees, claim preparation fees, and expert fees.

(c) Region Transportation Director Decision. When the Contractor properly files a claim, the RTD will review the claim and render a written decision to the Contractor to either affirm or deny the claim, in whole or in part, per the following procedure.

The RTD may consolidate all related claims on a project and issue one decision, provided that consolidation does not extend the time period within which the RTD is to render a decision. Consolidation of unrelated claims will not be made.

The RTD will render a written decision to the Contractor within 90 days after the receipt of the claim package or receipt of the audit whichever is later. In rendering the decision, the RTD: (1) will review the information in the Contractor's claim; (2) will conduct a hearing if requested by either party; and (3) may consider any other information available in rendering a decision.

The RTD will assemble and maintain a claim record comprised of all information physically submitted by the Contractor in support of the claim and all other discoverable information considered by the RTD in reaching a decision. Once the RTD assembles the claim record, the submission and consideration of additional information, other than for clarification and data supporting previously submitted documentation, at any subsequent level of review by anyone, will not be permitted.

The RTD will provide a copy of the claim record and the written decision to the Contractor describing the information considered by the RTD in reaching a decision and the basis for that decision. If the RTD fails to render a written decision within the 60-day period, or within any extended time period as agreed to by both parties, the Contractor shall either:

(1) accept this as a denial of the claim, or (2) appeal the claim to the Chief Engineer, as

REVISION OF SECTIONS OF 105

described in this subsection.

If the Contractor accepts the RTD decision, the provisions of the decision shall be implemented per subsections 108.08, 109.04, 109.05, or 109.10 and the claim is resolved.

If the Contractor disagrees with the RTD decision, the Contractor shall either: (1) accept the RTD decision as final, or (2) file a written appeal to the Chief Engineer within 30 days from the receipt of the RTD decision. The Contractor hereby agrees that if a written appeal is not properly filed, the RTD decision is final.

(d) Chief Engineer Decision. When a claim is appealed, the RTD will provide the claim record to the Chief Engineer. Within 15 days of the appeal either party may submit a written request for a hearing with the Chief Engineer or duly authorized Headquarters delegates.

The Chief Engineer or a duly authorized Headquarters delegate will review the claim and render a decision to affirm, overrule, or modify the RTD decision per the following.

The Chief Engineer will render a written decision within 60 days after receiving the written appeal. The Chief Engineer will not consider any information that was not previously made a part of the claim record, other than clarification and data supporting previously submitted documentation.

The Contractor shall have 30 days to accept or reject the Chief Engineer's decision. The Contractor shall notify the Chief Engineer of its acceptance or rejection in writing.

If the Contractor accepts the Chief Engineer's decision, the provisions of the decision will be implemented per subsections 108.08, 109.04, 109.05, or 109.10 and the claim is resolved.

If the Contractor disagrees with the Chief Engineer's decision, the Contractor shall either (1) pursue an alternative dispute resolution process per this specification or

(2) initiate litigation per subsection 105.24(f).

If the Chief Engineer does not issue a decision as required, the Contractor may immediately initiate litigation per subsection 105.24(f).

For the convenience of the parties to the Contract it is mutually agreed by the parties that any merit binding or De Novo litigation shall be brought within 180-calendar days from the date of the Chief Engineer's decision. The parties understand and agree that the Contractor's failure to bring suit within the time period provided, shall be a complete bar to any such claims or causes of action.

(e) De Novo Litigation If the Contractor disagrees with the Chief Engineer's decision, the Contractor may initiate de novo litigation to finally resolve the claim that the Contractor submitted to CDOT. Such litigation shall be strictly limited to those claims that were previously submitted and decided in the contractual dispute and claims processes outlined. This does not preclude the joining in one litigation of multiple claims from the same project provided that each claim has gone through the dispute and claim process specified in subsections 105.22 through 105.24. The parties may agree, in writing, at any time, to pursue some other form of alternative dispute resolution.

Any offer made by the Contractor or the Department at any stage of the claims process, REVISION OF SECTIONS OF 105 as set forth in this subsection, shall be deemed an offer of settlement pursuant to Colorado Rule of Evidence 408 and therefore inadmissible in any litigation.

If the Contractor selected litigation, then de novo litigation shall proceed per the Colorado Rules of Civil Procedure and the proper venue is the Colorado State District Court in and for the City and County of Denver.

REVISION OF SECTIONS OF 105

Contractor provides written notice of dispute to Project Engineer

Contractor provides written REA including the following:

(1) Date of dispute

(2) Nature of order and circumstances causing dispute

(3) Contract provisions supporting dispute.

(4) Estimated cost of dispute with supporting documentation

(5) Analysis of progress schedule and disruption, if any.

Adjustment of payment/schedule in consultation with Program Engineer - Dispute is resolved.

Dispute is unresolved.

Proj Eng/Res Eng & Supt/PM & Contractor’s rep with decision authority above the project level to meet regularly to discuss dispute.

PE denies merit of dispute.

DRB agreement signed.

PE determines dispute has merit.

DRB renders a recommendation.

DRB recommendation is accepted.

Either party rejects DRB recommendation

Up to 30 days – 105.22 (d)

105.22 Project Issue – Verbal discussions between Proj. Eng. and Supt

15 Days – 105.22(b)

CDOT Project Engineer and Contractor discuss merit of dispute.

15 Days – 105.22 (c)

Merit granted – Quantum negotiations.

30 Days – 105.22 (c)

10 days – 105.23 (j)

30 days – 105.23 (i)

DRB Hearing

14 days – 105.23 (k)

Figure 105-1 DISPUTES AND CLAIMS FLOW CHART (Note: If an audit is to be performed, durations in this flow chart are extended accordingly)

Contractor rejects PE’s denial.

Contractor provides written notice to PE.

Contractor accepts denial.

Dispute is resolved.

7 days – 105.22 (c)

7 days – 105.22 (d)

30 days – 105.23 (e)

7 days – 105.22 (c)

Figure 105-1 continued on next page

Prehearing Submittal

5 days – 105.23 (a)

Request for Clarification and Reconsideration

Disagree on quantum.

105.22(a) Proj Eng initiates DRB process

10 days – 105.23 (f)

REVISION OF SECTIONS OF 105

Adjustment of payment/schedule in consultation with Program Engineer - Dispute is resolved.

90 days – 105.24 (c)

Decision is implemented.

30 days – 105.24 (c)

60 days - 105.24 (d) Contractor rejects and appeals RTD decision to CE. 15 days

105.24 (d)

Chief Engineer renders decision.

45 days –

105.24 (d)

30 days – 105.24 (d)

Contractor rejects CE decision. Contractor accepts CE decision. Decision is implemented.

Dispute is unresolved. Dispute is resolved.

Resolution is implemented.

De Novo Litigation

Litigation

Contractor initiates

Optional Mediation

RTD renders a decision.

Contractor submits certified claim package w/RTD.

Request for hearing.

Contractor accepts.

Court Decision

Either party rejects DRB

30 days – 105.24 (a)

105.23 Notice of intent to file a claim

60 days – 105.24 (b)

Figure 105-1 (continued)

Revision Of Section 105

E-Signature

Revise Section 105 of the Standard Specifications as follows:

Add the following to Subsection 105.08:

105.08 Document Management and Professional Engineer and Professional Land Surveyor Electronic Seals. Where the specifications require the Contractor to submit or return documents either in writing or the format is not specified, an electronic file is preferred. The Contractor shall submit the schedule native file, video recordings, photographs, image files, and other media formats in their native file formats. When the document format is not specified, the contractor shall submit electronic documents in PDF. When a submittal requires multiple copies, one electronic document shall satisfy the requirement.

Where a signature is needed, an electronic signature is acceptable. An original signature is a signature signed in ink. Where original signatures or original documents are required a scan shall satisfy the requirement.

The Department will issue Contract Modification Orders (Form 90) and Form 105s that authorize additional work for signature via AdobeSign.

CDOT forms and records shall be signed with an electronic signature that includes the signer’s name, date, and time the document was signed, in addition to locking the appropriate portions after signing. This guidance does not change the approval process or the content requirements for Buy America, COC, and CTR documentation, rather it allows the documentation to either be all electronically signed or a Scanned Original Wet Signature.

An electronic seal is when a Contractor’s Engineer, a Professional Engineer or a Professional Land Surveyor affix their electronic signature and seal to plans or documents prepared under their responsible charge or control. The electronic seal needs to meet State of Colorado Architects, Professional Engineers, and Professional Land Surveyors Rules and Regulations, 4 CCR 730-1 requirements, lock the document after signature and shall have a non-expiring transaction identification number that can be used to view the final locked and signed document online.

Revision Of Sections 105, 106, 412 & 601

PCCP Acceptance

Delete Subsection 105.06 and replace with the following:

105.06 Conformity to the Contract of Portland Cement Concrete Pavement. Conformity to the Contract of all Portland Cement Concrete Pavement, Item 412, will be determined per the following:

When the Engineer finds that the materials furnished, the work performed, or the finished product does not conform to the Contract, or the Pay Factor (PF) for an element’s process is less than 0.75 but that reasonably acceptable work has been produced, the Engineer will determine the extent of the work that will be accepted and remain in place. The Engineer will use a Contract Modification Order to document the justification for allowing the work to remain in place and the price adjustment that will be applied.

When the Engineer finds the materials furnished, work performed, or the finished product is not in conformity with the Contract, or the PF for an element’s process is less than 0.75 and has resulted in an inferior or unsatisfactory product, the work or material shall be removed and replaced or otherwise corrected by and at the expense of the Contractor. When the PF for any process is 0.75 or greater, the finished quantity of work represented by the process will be accepted at the calculated pay factor.

Materials will be sampled and tested by the Contractor and the Department per subsection

106.06 and with procedures contained in the Department’s Field Materials Manual. The approximate quantity represented by each sample will be as set forth in subsection 106.06, Table 106-3. Additional samples may be selected and tested at the Engineer’s discretion.

(a) Incentive and Disincentive Payments (I/DP) will be made based on a statistical analysis that yields Pay Factors (PF) and Quality Levels (QL). The PF and QL will be made based on test results for the elements of compressive strength and pavement thickness.

The QL will be calculated for the elements of compressive strength and pavement thickness on a process basis. A process will consist of the test results from a series of random samples.

Test results determined to have sampling or testing errors will not be used. All materials produced will be assigned to a process. Changes in mix design, design pavement thickness, or a break of more than 120 working days between placements will create a new process. The following is provided to clarify changes in processes for each element:

1. Construction of mainline pavement, including the shoulders if placed with the mainline, is a single process for the compressive or flexural strength element, when the mix design does not change and there is not a break of more than 120 days between placements.

2. Construction of mainline pavement, including the shoulders if placed with the mainline, is a single process for the thickness element when the planned thickness does not change and there is not a break of more than 120 days between placements.

3. Construction of ramps, acceleration and deceleration lanes and shoulders placed separately are considered separate processes.

4. Changes in paving equipment, changes in placement method, changes in hauling equipment, adjustments to mix designs that do not require a new mix design, changes

PCCP Acceptance in weather conditions, and changes in production rate shall not create a new process in the strength or thickness elements.

The Contractor and Engineer will determine element processes and what distinguishes them as processes during the Pre-pave meeting before concrete placement.

(b) When it is necessary to represent material by one or two tests, each test shall have a PF computed per the following:

If the value of the test is at or above the lower tolerance limit, then PF = 1.000. If the value of the test is below the lower tolerance limit, then:

PF = 1.00 – [0.25(TL -T0)/V]

Where PF = pay factor.

V = V factor from Tables 105-10 T0 = the individual test value.

TL= lower tolerance limit.

(c) The following procedures will be used to compute Incentive and Disincentive Payments (I/DP), quality levels (QL), and pay factors (PF) for processes represented by three or more tests:

1. Quality Level (QL) will be calculated according to CP-71.

2. Compute the PF for the process. When the process has been completed, the number of tests (Pn) it includes shall determine the formula to be used to compute the final pay factor per the following:

A. For pavement thickness:

When 3 ≤ Pn ≤ 5 If QL ≥ 85, then PF = 1.00 + (QL - 85)0.001333 If QL < 85, then PF = 1.00 + (QL - 85)0.005208 When 6 ≤ Pn ≤ 9 If QL ≥ 90, then PF = 1.00 + (QL - 90)0.002000 If QL < 90, then PF = 1.00 + (QL - 90)0.005682 When 10 ≤ Pn ≤ 25 If QL ≥ 93, then PF = 1.00 + (QL - 93)0.002857 If QL < 93, then PF = 1.00 + (QL - 93)0.006098 When Pn ≥ 26 If QL ≥ 95, then PF = 1.00 + (QL - 95)0.004000 If QL < 95, then PF = 1.00 + (QL - 95)0.006757

B. For compressive strength:

When 3 ≤ Pn ≤ 5 If QL ≥ 85, then PF = 1.00 + (QL - 85)0.002000 If QL < 85, then PF = 1.00 + (QL - 85)0.005208 When 6 ≤ Pn ≤ 9 If QL ≥ 90, then PF = 1.00 + (QL - 90)0.003000 If QL < 90, then PF = 1.00 + (QL - 90)0.005682 When 10 ≤ Pn ≤ 25 If QL ≥ 93, then PF = 1.00 + (QL - 93)0.004286 If QL < 93, then PF = 1.00 + (QL - 93)0.006098 When Pn ≥ 26 If QL ≥ 95, then PF = 1.00 + (QL - 95)0.006000 If QL < 95, then PF = 1.00 + (QL - 95)0.006757

3. Compute the I/DP for the process:

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

where: QR = Quantity Represented by the process.

UP = Unit Price bid for the Item.

The total I/DP for an element shall be computed by accumulating the individual I/DP for each process of that element.

(d) As acceptance test results become available, they will be used to calculate accumulated QL and Incentive and Disincentive Payments (I/DP) for each element and for the item. The Contractor’s test results and the accumulated calculations shall be made available to the Engineer upon request. The Engineer’s test results and the calculations will be made available to the Contractor as early as reasonably practical. Numbers from the calculations shall be carried to significant figures and rounded according to AASHTO Standard Recommended Practice R-11, Rounding Method.

I/DP will be made to the Contractor per subsection 412.24(a). During production, interim I/DP will be computed for information only. The Pn will change as production continues and test results accumulate. The Pn at the time and I/DP is computed shall determine the formula to be used.

(e) The Contractor shall not have the option of accepting a price reduction or disincentive in lieu of producing specification material. Continued production of non-specification material will not be permitted. Material that is defective may be isolated and rejected without regard to sampling sequence or location within a process.

(f) The Contractor may take cores at his own expense and per Colorado Procedure 65 to provide an alternative determination of strength to replace acceptance test results with a compressive strength less than TL. The core compressive strength shall be used for I/DP regardless of the result.

Table 105-10

“V” Factors and Incentive Payments

Element

V factor

Maximum Incentive Payment

Lower Tolerance Limit, TL

Plan Value

Compressive Strength

400 psi 3.00 % 4200 psi 4500 psi

Pavement Thickness

0.4 inch 2.00 % Plan Thickness -0.4 inch

Plan Thickness

(g) Sand Equivalence. The sand equivalence (SE) as determined by CP 37 will be considered acceptable when the running average of three consecutive tests is greater than 80 percent and no individual test result is less than 75 percent. When the running average of three consecutive SE tests falls below 80 percent or an individual SE test result falls below 75 percent, paving operations shall be suspended. The Contractor shall submit a written plan to correct the low SE test results to the Engineer for approval. The Contractor shall not continue paving operations until the Engineer approves the plan in writing and three SE test results from random samples in the stockpile are above 80 percent.

(h) Pavement Surface Texture. The Contractor shall perform process control (PC) testing for the pavement surface texture depth per CP 77 Method B. All PC results for surface texture depth measurements shall be included in the Contractor’s QC notebook. The start of PC testing for texturing depth shall be completed within 24 hours after the first 500 linear feet of textured pavement is placed for each lane. Paving shall not proceed until results are accepted by the Engineer.

Surface texture will be considered acceptable when the average texture depth (ATD) of the panel is greater than 0.05 inch. When the ATD is less than 0.05 inches, the Contractor shall determine the area represented by this test. The area shall be determined by taking additional tests at 15-foot intervals parallel to the centerline in each direction from the affected location until two consecutive tests are found to be within the specified limits. Any surface with unacceptable texturing exceeding 25 linear feet in any lane or shoulder greater than 8 feet wide shall be diamond ground full width of the lane. Upon the second unacceptable test result, the Contractor shall notify the Engineer, in writing, of the action taken to provide an acceptable surface texture.

The Department will perform surface texture acceptance testing per CP 77 Method B. The Department will determine the panel locations where acceptance test measurements are to be taken. One stratified random acceptance test per 2,500 linear feet or fraction thereof in each lane and shoulder wider than 8 feet shall be taken with a minimum of one test per day when the Contractor is paving.

When the Department locates areas of surface texture that do not meet the minimum ATD, the Contractor will be notified, and the Contractor shall identify the limits of the deficient texture depth. After the Engineer approves the limits, the Contractor shall correct the deficient surface texture by diamond grinding full lane width to provide an ATD greater than

0.05 inch at no additional cost to the project. The Contractor shall correct surface texture deficiencies before pavement smoothness testing and pavement thickness determinations.

Delete Subsection 106.06 and replace with the following:

106.06 Sampling and Testing of Portland Cement Concrete Paving. All Portland Cement Concrete Pavement, Item 412, shall be tested per the following process control and acceptance testing procedures:

(a) Process Control Testing. The Contractor shall be responsible for process control testing of all elements listed in Table 106-3. Process control testing shall be performed at the expense of the Contractor. The Contractor shall develop a process control plan (PCP) per the following:

1. Process Control Plan. For each element listed in Table 106-3, 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 Pre- construction Conference. 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 be equal to or more frequent than that shown in Table 106-3. The process control tests shall be independent of acceptance tests.

B. Test Result Chart. For each process control test result, the appropriate area, volume, and tolerance limits shall be plotted. The chart shall be posted daily at a location convenient for viewing by the Engineer.

C. Quality Level Chart. The QL for each element in Table 106-3 shall be plotted.

The QL shall be calculated per the procedure in CP 71 for Determining Quality Level. The QL shall be calculated on tests 1 through 3, then tests 1 through 4, then tests 1 through 5, and then thereafter the last five consecutive test results. The area of material represented by the last test result shall correspond to the QL.

2. Point of Sampling. The material for process control testing shall be sampled by the Contractor using CP 61. The location where material samples will be taken shall be indicated in the PCP.

3. 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.

The compressive strength test for process control will be the average strength of two test cylinders cast in plastic molds from a single sample of concrete, cured under standard laboratory conditions, and tested three to seven days after…