105Control of Work

Control of Work

105.01Authority of the Engineer. The Engineer will decide all questions regarding the

quality and acceptability of materials furnished, work performed, and the rate of progress of the work; all interpretation of the plans and specifications; and the acceptable fulfillment of the Contract.

The Engineer will, in writing, suspend the work, wholly or in part:

public.

105.02Plans, Shop Drawings, Working Drawings, Other submittals, and Construction

Drawings.

location and design of all structures, and summary of items appearing on the proposal. Only general features will be shown for steel and prestressed concrete bridges.

performed per the plans, reviewed shop drawings, working drawings, or other submittals. Specific requirements for the required shop drawings, working drawings, and other submittals for this project are contained in the specifications. The Contractor shall be responsible for the accuracy of all dimensions and quantities shown on the shop drawings, working drawings, and other submittals. The Contractor shall correlate all information in the Contract, in the submittals, and in all revisions at the project site to ensure that there are no conflicts and that the work can be constructed as shown. The Contractor shall be responsible for all information that pertains to the fabrication processes and methods of construction. Shop drawings, working drawings, and other submittals shall be delivered to the Engineer. The Contractor shall notify the Engineer, in writing, at the time of submittal of shop drawings, working drawings, and other submittals, of any information submitted that deviates from the requirements of the plans and specifications. In addition, specific notation of the deviations or changes from the plans and specifications shall be placed on the shop drawing, working drawing, or other submittal. The first sheet or page of each set of shop drawings, working drawings, and other submittals shall be stamped “Approved for Construction” and signed and electronically sealed by the Contractor. Submittals shall be made in complete packages, which will allow the Engineer to properly review them for general compliance with the Contract and to effectively evaluate the proposed methods of construction. The allowed time for review shall not begin until such submittals are complete.

105.02

The format of the shop drawings, working drawings, and other submittals shall be as follows:

inches wide overall. There shall be a 2-inch margin on the left side of the sheet and a 1/2-inch margin on the other three sides. A blank space, 6 inches long by 3 inches wide, shall be left available near the lower right-hand corner of shop drawings, for the Engineer’s review stamp. Computer drafted 11-inch by 17-inch drawings may be submitted.

block shall show the project number, structure number, the location of the structure, the contents of the sheet, designer/engineer, sheet number, and revision number.

drawing submittals shall be submitted on 8 1/2-inch by 11-inch sheets.

submitted to the Engineer. One additional set of shop drawings shall be submitted for each railroad company.

Engineer.

signed and electronically sealed for the Contractor, by a professional engineer registered in the state of Colorado when required by the specifications. Submittals without the required signature and seal will not be accepted and will be returned to the Contractor without action. Table 105-1 summarizes the minimum required submittals is included at the end of subsection 105.02. Table 105-1 lists submittals in one location for information. The table clarifies the type of submittal and whether the Contractor’s Engineer must sign and electronically seal the submittal. Table 105-1 may not be all inclusive. The Contractor shall provide all submittals required by the Contract, including those not listed in the table.

work. The Contractor shall submit shop drawings to the Engineer for formal review. The Engineer will review the shop drawings to evaluate that general conformance with the design concept and that general compliance with the information given in the plans and specifications has been achieved. The review does not extend to accuracy of dimensions, means, methods, techniques, sequences, schemes, procedures of construction, or to safety precautions. The review by the Engineer is not a complete check. Review of the shop drawings does not relieve the Contractor of the responsibility for the correctness of the shop drawings. All work done before the Engineer’s review of shop drawings shall be at the Contractor’s sole risk. The Engineer may request additional details and require the Contractor to make changes in the shop drawings that are necessary to conform to the provisions and intent of the plans and specifications without additional cost to the Department.

After review, the Engineer will return two sets of shop drawings, for use by the Contractor and the Fabricator or Supplier. Returned shop drawings will be stamped with the Engineer’s review stamp to indicate one of the following:

105.02

Status Of Returned Shop Drawings And Meanings

Status Note Meaning

Reviewed, no Shop drawings have been reviewed and do not exception taken require additional review. Shop drawings have been reviewed and the Reviewed, revise as Contractor shall incorporate the comments noted in noted the shop drawings into the work. The shop drawings do not require additional review. Shop drawings require correction or redrawing and shall be resubmitted for review. If shop drawings are returned for correction or redrawing, corrections Resubmit, revise as shall be made, and the shop drawings shall be noted resubmitted by the Contractor in the same manner as the first submittal. Specific notation shall be made on the shop drawings to indicate the revisions.

The time required for the Engineer’s review of each submittal will not exceed four weeks after a complete submittal of shop drawings is received by the Engineer. It is the intent of these specifications that no more than two submittals of shop drawings shall be required for any one particular item. If additional submittals are required by actions of the Contractor, resulting delays shall be the responsibility of the Contractor. If additional submittals are required by the Engineer’s actions or if shop drawing review is delayed by the Engineer, the Contractor may request an extension of time as provided in subsection 108.08. All revisions made to the shop drawings after the Engineer’s initial review process will require resubmittal.

detail the construction or to provide the Engineer with information on the proposed methods of construction. Unless otherwise specified, the Contractor shall submit two sets of working drawings to the Engineer for information only. These drawings will not be formally reviewed by the Engineer. The Contractor shall submit working drawings to the Engineer10 days before the start of work. Working drawings will not be returned to the Contractor.

defined for working drawings. Unless otherwise specified, two copies shall be submitted to the Engineer for information only. The plans or specifications will indicate which submittals require formal review by the Engineer. One record set of all design work performed by the Contractor’s Engineer shall be submitted to the Project Engineer.

105.02

drawings, working drawings, and other submittals available on the project site at all times. This set shall be defined as the “construction drawings.” The Contractor shall note on these construction drawings all changes and deviations from the work shown on the plans, shop drawings, working drawings, and other submittals. The construction drawings shall be kept current as the work progresses and notations shall be made within seven days of the change or deviation. The first sheet or page of each set of construction drawings shall be stamped “As Constructed” and signed by the Contractor. Upon completion of the work and before final payment, the construction drawings shall be submitted to the Engineer. The Contractor shall provide pile and caisson tip elevations and provide all refusal and restrike information, driving records and PDA information to the Engineer before proceeding with further construction for permanent archiving.

submittals will not be measured and paid for separately, but shall be included in the work.

drawings, other submittals, and construction drawings may be considered unsatisfactory contract progress. Monthly progress payments may be withheld until the requirements are met.

drawings, and other submittals shall be included in the work and shall not be the basis for any claim for a time extension or monetary adjustment except as provided. Table 105-1 Contractor Submittals (Including Contractor Qualifications)

Contractor Review Time Section Specialty Description Type P.E. Seal (working No. Unit Review Required? days) 202 Bridge Removal Plan Other Yes Staff Bridge 10 206 Shoring Working Drawing Yes* Staff Bridge‡ 10 Piling Equipment 502 Other No No 10 Testing 502 Welding Qualifications No No 10 Assembly and 503 Placement of Shop Drawing Yes Staff Bridge 30 Reinforcing Steel 503 Drilled Shafts Qualifications No No 30 504 Soil Nail Wall Qualifications No No 15 Soil Nail Wall 504 (Contractor Alternative Shop Drawing Yes*† Geotechnical 10 & Sacrificial)

105.02

Table 105-1 (continued) Contractor Submittals (Including Contractor Qualifications)

Contractor Review Time Section Specialty Description Type P.E. Seal (working No. Unit Review Required? days) Hybrid Wall 504 (Contractor Shop Drawing Yes* Staff Bridge 10 Alternative) 504 MSE Wall Qualifications No No 10 MSE Walls (Contractor Staff Bridge/ 504 Shop Drawing Yes 15 Alternative) Geotechnical MSE Walls (Default 504 Shop Drawing No Staff Bridge 15 Design) Geomembrane and 504 Working Drawing No No 10 Joints 508 Timber Structures Shop Drawing No Staff Bridge 20 509 Steel Structures Shop Drawing Yes* Staff Bridge 20 509 and Erection Plan Other Yes Staff Bridge 5 618 509 Fracture Critical Plan Other No Staff Bridge 15 Bearing Devices Type 512 Shop Drawing No Staff Bridge 15 II Bearing Devices Type 512 Shop Drawing Yes Staff Bridge 15 III Pedestrian and 514 Working Drawing No No 10 Bikeway Railing Elastomeric 518 Working Drawing No No 10 Expansion Devices Expansion Devices: 0- 518 Shop Drawing Yes Staff Bridge 15 4" Expansion Devices: 0- 518 Shop Drawing Yes Staff Bridge 15 6", 9", 12"… Modular Bridge 518 Expansion Joint Other Yes Staff Bridge 10 Design 518 PPC End Dam Qualifications No No 15 601 and Precast Panel Deck Working Drawing No Staff Bridge‡ 10 618 Forms Permanent Steel 601 Shop Drawing Yes Staff Bridge 10 Bridge Deck Forms 601 Falsework Working Drawing Yes Staff Bridge‡ 10 602 Reinforcing Steel Working Drawing No No 10

105.02

Table 105-1 (continued) Contractor Submittals (Including Contractor Qualifications)

Contractor Review Time Section Specialty Description Type P.E. Seal (working No. Unit Review Required? days) 603 Precast Culvert Shop Drawing Yes* Staff Bridge 20 606 Bridge Railing Working Drawing No Staff Bridge‡ 10 Noise Barriers 607 Shop Drawing Yes Staff Bridge 15 (Alternative) Noise Barriers 607 Working Drawing No Staff Bridge‡ 10 (Default Design) Light Standards (Low 613 Working Drawing Yes Traffic 10 Mast) Light Standards (High 613 Working Drawing Yes Traffic 10 Mast) Overhead Sign Staff Bridge/ 614 Shop Drawing Yes* 15 Structures Traffic Variable Message 614 Signs (Cabinet and Working Drawing Yes Traffic 10 tilting bracket) Traffic Signal Pole Staff Bridge/ 614 Shop Drawing No 15 (Mast Arm) Traffic Traffic Signal 614 Working Drawing Yes Traffic 10 Pedestal Pole Traffic Signal 614 Working Drawing No Traffic 10 Equipment Prestressed Concrete 618 Shop Drawing Yes* Staff Bridge 20 (Pre-tensioned) Prestressed Concrete 618 Shop Drawing Yes* Staff Bridge 10 (Post-tensioned) Steel Diaphragms 618 between Prestressed Working Drawing No Staff Bridge‡ 10 Girders 618 PT Grouting Qualifications No No 10 622 Buildings Shop Drawing Yes Staff Bridge Varies Prefabricated 628 Shop Drawing Yes*† Staff Bridge 20 Pedestrian Bridges 641 Shotcrete Qualifications No No 10 641 Shotcrete Shop Drawing No Geotechnical 10 715 Anchor Bolts Working Drawing No Staff Bridge‡ 10

105.03

Table 105-1 (continued) Contractor Submittals (Including Contractor Qualifications)

Contractor Review Time Section Specialty Description Type P.E. Seal (working No. Unit Review Required? days) Project As noted in project Varies, 10 Qualifications No Varies Specials specials min. Project As noted in project Varies Varies Varies Varies Specials specials

Table 105-1 Notes: *An electronic PE seal is required where the Contractor has provided the design for the item or performed engineering to modify the details shown on the plans. The PE seal is not required where complete details are provided on the plans. †Independent design check required for rating per Bridge Rating Manual. ‡Submittal only, no review required.

105.03Conformity to the Contract. 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. All hot mix asphalt (HMA) materials or work will be evaluated for conformity to the Contract per subsection 105.05 except HMA that is used for patching and temporary pavement. For those items of work where working tolerances are not specified, the Contractor shall perform the work in a manner consistent with reasonable and customary manufacturing and construction practices. When the Engineer finds that the materials furnished, the work performed, or the finished product does not conform with the Contract, but that reasonably acceptable work has been produced, the Engineer will determine the extent the work will be accepted and remain in place. If accepted the Engineer will (1) document the basis for acceptance by Contract Modification Order that will provide for an appropriate reduction in the Contract price for such work or materials not otherwise provided for in this subsection or (2) notify the Contractor in writing that the Contract unit price will be reduced per this subsection when P is 25 or less, or

provided the correction or replacement does not adversely affect the work. When the Engineer finds the materials furnished, work performed, or the finished product are not in conformity with the Contract and has resulted in an inferior or unsatisfactory product, the work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor. If asphalt cement testing demonstrates that asphalt cement was acid modified or alkaline modified, the supplier will be automatically decertified. In addition, all material placed containing the acid modified or alkaline modified asphalt cement shall be removed and replaced with specification material at no cost to the Department. Materials will be sampled and tested by the Department per the sampling and testing schedules and procedures contained in the Department’s Field Materials Manual. The approximate maximum quantity represented by each sample will be as set forth in the schedules. An additional number of samples in relation to the quantity of material represented may be

105.03

selected and tested at the Engineer’s discretion. The quantity represented by five consecutive random samples will constitute a lot whenever production schedules and material continuity permit. The Engineer may establish a lot consisting of the quantity represented by any number of consecutive random samples from one to seven inclusive when it is necessary to represent short production runs, significant material changes, or other unusual characteristics of the work. Tests that are determined to have sampling or testing errors will not be used. Materials or work will be evaluated for price reduction only when deviations from specifications occur on any of the several individual tests for the lot. The several individual test values will be averaged and the percent of price reduction for the lot will be determined by applicable formula. The formula in (1) and (2) below will be used only when the lot is represented by three to seven tests inclusive.

when the average of the several test values is above the midpoint of the specification band or above the job-mix formula value.

when the average of the several test values is below the midpoint of the specification band or below the job-mix formula value.

for price reduction by the following procedure: Lots represented by two tests will be divided into two separate lots represented by one test each, as determined by the Engineer. Each lot that deviates from the specifications will be price reduced by one of the following formulas. When a maximum limit only is specified or the test value is above the maximum specified limit, the formula P = 0.76(To – Tu)F will be used. When a minimum limit only is specified or the test value is below the minimum specified limit, the formula P = 0.76(TL – To)F will be used. When a lot is represented by one test only, the materials will be evaluated for price reduction as described in this paragraph. Where: P is the percent of reduction in contract price, Xn is the average of the several test values from samples taken from the lot, with “n” indicating the number of values, a is a variable factor to be used in “n” changes according to the following: when n is 3, a = 0.45; n is 4, a = 0.38; n is 5, a = 0.33; n is 6, a = 0.30; and n is 7, a = 0.28. R is the difference between the highest and lowest values in the group of several test results from the lot, Tu is the upper or maximum tolerance limit permitted by the specifications, TL is the lower or minimum tolerance limit permitted by the specifications, and To is the test value of the test that deviates from the specifications, F is price reduction factor to be applied for each element as shown in the following table:

105.03

Table 105-2 Price Reduction Factors Factor Element “F” 100 percent size sieve 1 12.5 mm (1/2") sieve and larger 1 150 μm (No. 100) sieve to 9.5 mm (3/8") sieve inclusive (except 100 percent size sieve) 75 μm (No. 200) sieve 6 75μm (No. 200) sieve (cover coat material) 25 Liquid Limit 3 Plasticity Index 10 Asphalt penetration 1 Asphalt residue 3 Portland Cement Concrete Pavement Fine Aggregate 0.3 Sand Equivalent Hydrated Lime Gradation 0.3 Toughness, inch-pounds, minimum 0.8 Tenacity, inch-pounds, minimum 0.8 Elastic Recovery, 25 °C, percent minimum 1.25 Ductility, 4 °C (5cm/min) cm, minimum of RTFO Residue 1.25

If P is less than 3, or a negative quantity, the material will be accepted as being in conformity. In cases where one or more elements show a positive P value, such positive values will be added, and the resulting sum will be used to determine whether the material is in conformity. If the total P value is between 3 and 25, the Engineer may require correction or may accept the material at a reduced price. If P is greater than 25, the Engineer may: (1) require complete removal and replacement with specification material at no additional cost to the Department; (2) require corrective action to bring the material into conformity at no additional cost to the Department; or (3) where the finished product is found to be capable of performing the intended purpose and the value of the finished product is not affected, permit the Contractor to leave the material in place with an appropriate price reduction to be based on engineering evaluation but not to be less than that which would have occurred had a reduction been made where P = 25. If the P for aggregate gradation for Items 206, 304, or the gradation of hydrated lime for item 403 is 3 or greater the reduction will apply to the contract price multiplied by the Multipliers (M) listed in the following table:

105.03

Table 105-3 Multiplier for Price Reductions for Miscellaneous Items Item Number-Name Element Multiplier (M) 206- Structural Gradation 0.60 Backfill 304-Aggregate Base Gradation 0.60 Course Hydrated Lime 403-Hot Mix Asphalt* 0.60 Gradation Table 105-3 Notes: * The P value for hydrated lime shall be applied to the price of the HMA item when asphalt cement is not paid for separately. Lime gradation P values will not be combined with Pay Factors for other elements.

Table 105-4 Multiplier for HMA Price Reductions Where Asphalt Cement is not paid for separately: Item Number-Name Element Multiplier (M) Gradation, Asphalt 403-Stone Matrix Cement Content, or 0.60 Asphalt Compaction Hydrated Lime 403-Hot Mix Asphalt* 0.60 Gradation Table 105-4 Notes: * The P value for hydrated lime shall be applied to the price of the HMA item. Lime gradation P values will not be combined with Pay Factors for other elements.

The following equation shows how the Multiplier is used to determine the price reduction. Price reduction = (P/100) • Multiplier • Price per Unit • Quantity. If no multiplier is listed no adjustment to the computed P is required. This is equivalent to a multiplier of one. Price reduction for those elements that are not included in the Table of Price Reduction Factors will be determined by the Engineer. The Contractor will not have the option of accepting a price reduction in lieu of producing specification material. Continued production of non-specification material will not be permitted. Material that is obviously defective may be isolated and rejected without regard to sampling sequence or location within a lot.

Marking. Retroreflectivity of High Build Acrylic Waterborne Paint and Modified Epoxy Pavement Marking shall be tested as follows:

105.03

paint and modified epoxy pavement marking lines for each day of roadway striping work completed on the project. A test section is defined as each continuous line type (lane lines, centerlines, edge lines, channelizing lines, and others) 500 feet in length at a location that is selected by the Engineer using a Random Number Generator, which will be the representation of the work that has been completed in a single day. The Contractor shall use a Contractor-furnished retroreflectometer conforming to American Society for Testing and Materials (ASTM) E1710 or American Association of State Highway and Transportation Officials (AASHTO) TP111. The retroreflector meter shall be calibrated, tested and operated per manufacturer recommendations. The Contractor shall take 10 retroreflectivity readings within the test section for each stripe. These 10 readings shall be taken approximately 40 feet apart and shall be averaged to determine the retroreflectivity of that test section of striping. In cases where striping is less than 500 feet long, 10 readings shall be taken in 10 equal intervals.

Engineer every day, before the readings being taken. The retroreflectivity readings shall be taken in the presence of the Engineer no sooner than 3 days and no later than 21 days after the marking is tack free. All scheduled readings within this timeline or beyond resulting in a reduced reading or failure will be at the risk of the Contractor. Initial minimum retroreflectivity reading (mcd/m2/lux) in the representative test section of pavement marking paint shall be according to table 105-5. The pay factor for High Build Acrylic Waterborne Paint and Modified Epoxy Pavement Marking that is allowed to remain in place at a reduced price, shall be according to the following table and shall be applied to the unit bid price for Item 627, High Build Acrylic Waterborne Paint and Modified Epoxy Pavement Marking, and applied to the work completed in the respective day. Table 105-5 Price Reductions for Retroreflectivity Retroreflectivity Reading (R) in the representative test section (mcd/m2/lux) Color Modified Epoxy High Build Acrylic Pay Factor (%) Waterborne Paint White R > 350 R ≥ 300 100 White 300 ≤ R < 350 250 ≤ R < 300 75 White R < 300 R < 250 Remove and replace Yellow R > 200 R ≥ 150 100 Yellow 150 ≤ R < 200 100 ≤ R < 150 75 Yellow R < 150 R < 100 Remove and replace

retroreflectivity reading locations any excess beads placed during marking application.

treatment, snow conditions, or abnormal pavement conditions. If the Engineer determines that accurate reading cannot be taken within the specified timeline per the manufacturer’s recommendations, through no fault of the Contractor, the Engineer may waive the requirements for testing and pay reduction.

105.03

be included in the cost of the unit bid price for Item 627.

If there is a violation of the working time limitations for traffic control as set forth in the special provisions, a written notice to stop work will be imposed on the Contractor at the start of the next working day. Work shall not resume until the Contractor assures the Engineer, in writing, that there will not be a reoccurrence of the working time violation. If more violations take place, the Engineer will notify the Contractor in writing that there will be a price reduction charge for each incident per this specification. This incident price reduction charge will be deducted from any money due the Contractor. This price reduction will not be considered a penalty but will be a price reduction for failure to perform traffic control in compliance with the Contract. An incident is any violation up to 30 minutes in duration. Each 30 minutes or increment thereof will be considered as an incident. A price reduction will be assessed for each successive or cumulative 30-minute period in violation of the working time limitations, as determined by the Engineer. The price reduction for each incident will increase at a progressive rate starting with $150 for the second incident and increasing to $1,200 for the fifth and subsequent incidents per the following schedule. A 15-minute grace period will be allowed at the beginning of the second incident on the project before the price reduction is applied. This 15-minute grace period applies only to the second incident. The number of incident charges will be accumulative throughout the duration of the Contract. Table 105-6 Violation of the Working Time Limitations Price Reduction Schedule Total Price Incident Incident Rate Reduction First Notice to Stop Work ---- Second $150 $150 Third $300 $450 Fourth $600 $1,050 Fifth $1,200 $2,250 Sixth $1,200 $3,450 > Sixth $1,200 $4,650

105.04

105.04Conformity to the Contract of Superpave Performance Graded Binders. Asphalt

binders will be price reduced according to the following if the requirements of subsection

702.01are not met:

Table 105-7 Performance Graded Binder Limits Compliance Rejection Limit for Limit, Price Property Specification Price Reduction = Reduction of 25% 0% G*sin (delta) of RTFO Residue 2.20 Min 1.87 Min < 1.53 Slope (m-value) of the Creep Curve at Low Grade 0.300 Min 0.295 Min < 0.266 Temperature + 10° C.

Stiffness of the PAV Residue at Low Grade Temperature + 10° 300 Max 311 Max >355 C, (Mpa)

The price reduction will be 25 percent at the rejection limit. Between the compliance limit and the rejection limit, the price reduction will be calculated as follows:

PR = 25 ● CL – test value CL – RL Where: PR = Price Reduction CL = Compliance Limit RL = Rejection Limit

Table of Performance Graded Binder Limits is out of specification, resulting in P (total). When binder is included in the contract unit price for HMA, the price reduction will be calculated as follows: Amount of Reduction = [P (total)] ● [(1/100) ● (Invoice Price for PG Binder)] When the binder is paid for separately, the total price reduction will be calculated as follows: Amount of Reduction = [P(total)] ● [(1/100) ● (Contract Unit Price for PG Binder)]

in subsection 105.03 will be in addition to the PG binder price reductions. Other binder requirements listed in the Table of Performance Graded Binder Limits but not price reduced in subsections 105.03 or 105.04 may be tested but will not be considered for price reduction calculations. However, the Contractor will not be allowed to continue to produce mix with out of specification PG binder. If two consecutive samples fail to meet all requirements

105.05

listed in the Table of Performance Graded Binder Limits, the Contractor shall take corrective action before being allowed to continue production of hot mix asphalt. If proper corrective measures cannot be readily determined, the Engineer will suspend the use of such material until the Engineer can determine from laboratory tests that the Contractor can provide material that is in compliance with the Table of Performance Graded Binder Limits.

producing specification material. Continued production of non-specification material will not be permitted. Material that is obviously defective may be isolated and rejected without regard to sampling sequence or location within a lot.

105.05Conformity to the Contract of Hot Mix Asphalt. Conformity to the Contract of all

Hot Mix Asphalt, Item 403, except Hot Mix Asphalt (Patching) and temporary pavement will be determined by tests and evaluations of elements that include asphalt content, gradation, in-place density, and joint density per 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 per 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

106.05at the Engineer’s discretion

A process will consist of either a single test value or a series of values resulting from related tests of an element of the Contractor’s work and materials. An element is a material or workmanship property that can be tested and evaluated for quality level by the Department approved sampling, testing, and analytical procedures. All materials produced will be assigned to a process. A change in process is defined as a change that affects the element involved. For any element, with the exception of the mat density and joint density elements, a process normally will include all produced materials associated with that element before a change in the job mix formula (Form 43). For mat density, a new process will be established for each new layer of pavement or when the job mix formula changes. For joint density, a new process will be established for each new layer of pavement or for changes in joint construction. Density measurements taken within each compaction test section will be a separate process. The Engineer may separate a process in order to accommodate small quantities or unusual variations.

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

Except for in-place density measurements taken within a compaction test section, any test result for the asphalt content, in-place density or joint density element greater than the distance 2 x V (see Table 105-8) outside the tolerance limits will be designated as a separate

105.05

process and the quantity it represents will be evaluated per 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 per 105.05(e) Evaluation of Work. 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 times 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 shall be at the Contractor’s expense.

two test results, PF will be the average of PFs resulting from the following: If the test result is within the tolerance limits, then PF = 1.00 If the test result is above the maximum specified limit, then PF = 1.00 – [0.25(TO – TU)/V] If the test result is below the minimum specified limit, then PF = 1.00 – [0.25(TL – TO)/V] Where: PF = pay factor. V = V factor from Table 105-8. TO = the individual test result. TU = upper specification limit. TL = lower specification limit. The calculated PF will be used to determine the I/DP for the process.

a quality level (QL) per Colorado Procedure (CP) 71.

will be evaluated for QL separately. The lowest calculated QL for a sieve will be designated as the QL for gradation element for the process.

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 105-9 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 105-9. Where Pn is equal to or greater than 10 and less than 201, PF will be computed by Formula (1): PF1 + PF2  PF2 + PF3 PF1 + PF2  ( Pn2 − Pn X ) PF = + −  • ( Pn − Pn ) 2  2 2  2 3

Formula (1)

105.05

Where, when referring to Table 105-9: 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 per Table 105-9. As test results become available, they will be used to calculate QL and PF numbers for each process. The process I/DPs 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.

work represented by the process will be accepted at the appropriate pay factor. If the PF is less than 0.75, the Engineer may:

Contractor’s expense; or

and the value of the finished product is not affected, permit the Contractor to leave the material in place. If the material is permitted to remain in place, the PF for the process will not be greater than 0.75. The Region Materials Engineer (RME) will be consulted before 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 per Section 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 6 inches beyond the visible joint line for the entire length of joint representing the process. If the lane removed is adjacent to another joint, that joint shall also be removed to a point 6 inches beyond the visible joint line. When a single joint density core is more than 2V outside the tolerance limits, the removal and replacement limits shall be identified by coring the failing joint at 25-foot intervals until two successive cores are found to be 1V or less below the minimum tolerance limit. If removal and replacement is required, the Contractor shall submit documentation identifying the process to be used to correct the area in question in writing. The process will be approved by the Engineer before commencing the corrective work.

105.05

Table 105-8 “W” And “V” Factors for Various Elements Hot Mix Asphalt Element V Factor W Factor 2.36 mm (No. 8) mesh and larger sieves 2.8 N/A 600 μm (No. 30) mesh sieve 1.8 N/A 75 μm (No. 200) mesh sieve 0.8 N/A Gradation N/A 15 Asphalt Content 0.2 25 In-place Density 1.1 45 Joint Density 1.6 15

Table 105-9 Formulas for Calculating PF Based on Pn

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

105.06

I/DP = (PF - 1)(QR)(UP)(W/100) Where: I/DP=Incentive or 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 105-8 When AC is paid for separately UP shall be: UP = [(TonHMA)(UPHMA)+ (TonAC)(UPAC)]/ TonHMA Where: TonHMA =Tons of Asphalt Mix UPHMA = Unit Bid Price of Asphalt Mix TonAC = Tons of Asphalt Cement UPAC = Unit Bid Price of Asphalt Cement For the joint density element: UP = UPHMA Where: UPHMA is as defined above

When AC is paid for separately UP shall be: UP=[(BTonHMA) (BUPHMA)+(BTonAC) (BUPAC)]/ (BTonHMA) Where: BTonHMA=Bid Tons of Asphalt Mix BUPHMA = Unit Bid Price of Asphalt Mix BTonAC = Bid Tons of Asphalt Cement BUPAC = Unit Bid Price of Asphalt Cement

I/DPs for that element.

process I/DPs for the asphalt content, in-place density, and gradation elements for that mix design. The accumulated quantities of materials for each element must be the same at the end of I/DP calculations for a mix design.

I/DPs and the joint density I/DPs. The accumulated quantities of materials for each element must be the same at the end of I/DP calculations for the project.

105.06Conformity 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:

105.06

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

106.06and 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.

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:

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

105.06

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.

(I/DP), quality levels (QL), and pay factors (PF) for processes represented by three or more tests:

of tests (Pn) it includes shall determine the formula to be used to compute the final pay factor per the following:

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

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

105.06

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.

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.

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.

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

Maximum Lower Element V factor Incentive Tolerance Plan Value Payment Limit, TL Compressive 400 psi 3.00 % 4200 psi 4500 psi Strength Pavement Plan Thickness 0.4 inch 2.00 % Plan Thickness -0.4 inch Thickness

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 consecutiveSE tests falls below 80 percent or an individualSE 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 threeSE test results from random samples in the stockpile are above 80 percent.

105.06

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.

105.07Conformity to Roadway Smoothness Criteria. Roadway smoothness testing and

corrective work shall be performed as described below. The pavement smoothness category shall be MRI Category A unless shown otherwise on the plans.

At least two weeks prior to the Pre-paving Conference the Contractor may request a change to the pavement smoothness category based on the CDOT’s Design Bulletin guidelines for assigning pavement smoothness categories . The Contractor shall not assume a change will be granted and shall be prepared to build the pavement according to the assigned smoothness category. Once paving operations have been started, a change in pavement smoothness category will not be made.

105.06

shall be submitted to the Engineer within 48 hours of completion. SPC test results shall show the Mean Roughness Index (MRI) for each 0.10 mile.

All traffic control costs associated with SPC testing will be paid for in accordance with

SPC testing shall be performed on the first 2,000 tons for the final layer of HMA or each day’s paving within 24 hours after the concrete has achieved sufficient strength for PCCP. SPC testing on SMA will be tested after the sheen has been worn off. The Contractor may continue paving at his own risk. The Contractor shall not perform the SQC testing until after the concrete has attained a compressive strength of 1,000 psi if a lightweight profiler is used or 2,000 psi if a high speed profiler is used.

SPC testing shall be performed using the Contractor’s inertial profiler, pursuant to the methods described in subsection 105.07(b). The Contractor’s Inertial Profiler and Operator shall be certified according to CP 78. See CDOT’s list of certified profilers and operators .

Production shall be suspended if SPC testing indicates that corrective work is required in accordance with subsection 105.07(e). If the SPC data becomes available after production has started for the day, suspension will begin at the end of that production day for HMA. Production will remain suspended until the problem is identified and corrected. Each time production is suspended, corrective actions shall be proposed in writing by the Contractor. Production shall not resume until the proposed corrective actions have been accepted by the Engineer in writing.

When production resumes, the Contractor shall profile the first 2,000 tons of HMA or each day’s paving within 24 hours after the concrete has achieved sufficient strength for PCCP. The conditions described above for suspension of work will apply.

Corrective work may be performed by the Contractor prior to initial SA testing.

measured using a 10-foot straightedge. Areas to be measured will be directed by the Engineer. The Contractor shall furnish an approved 10-foot straightedge, depth gauge, and operator to aid the Engineer in testing the pavement surface. Areas showing high spots of more than 3/16 inch in 10 feet shall be marked and diamond ground until the high spot does not exceed 3/16 inch in 10 feet.

Acceptance Testing (SA) which will be used for locating corrective work. If no corrective work is required, it will be considered the final SA testing and shall be used for acceptance and calculation of incentive adjustments.

105.06

The Contractor shall submit a Method for Handling Traffic (MHT) to the Engineer for approval at least five days in advance of SA testing. The MHT shall detail the methods for traffic control that will allow for continuous non-stop profiling of each lane to be profiled at a minimum speed of 15 mph and for the placement of triggers. The Contractor shall provide the traffic control in accordance with the approved MHT. SA testing shall not be performed without traffic control using the approved MHT.

The Contractor shall notify the Engineer in writing and the Department by e-mail at DOT_Profiles@state.co.us at least five working days in advance of his intention to perform SA testing. The Contractor shall profile the project within 14 days after the completion of paving operations. The Department will determine if Smoothness Verification Testing (SV) will be performed. If SV testing will be performed, it will be performed at the same time as the SA testing.

The Engineer will witness the SA profiling. Within 24 hours after each profile is collected, the Contractor shall submit the data electronically along with a SA data submittal form to the Department at DOT_Profiles@state.co.us, and to the Engineer.

All traffic control costs associated with SA testing will be paid for in accordance with Section 630.

Pavement surfaces shall be tested and accepted for longitudinal smoothness as described herein.

surface shall be tested by the Contractor in accordance with CP 74 and using the Contractor’s inertial profiler (profiler). The Contractor’s Profiler and Operator shall be certified according to CP 78. See CDOT’s list of certified profilers and operators.

The profiler’s instrumentation shall be verified in accordance with CP 74 prior to measurements. The Contractor shall lay out a distance calibration site. The distance calibration site shall be located no more than 10 miles from the project limits. The distance calibration site shall be 1056.0 feet long and shall be on a relatively flat, straight section of pavement as approved by the Engineer. The site shall have a speed limit equal to the project’s highest speed limit that allows for the profiler to operate uninterrupted. The limits of the site shall be clearly marked, and the distance shall be measured to an accuracy of +/- 1 inch. The Contractor shall provide in writing the site location to the Engineer. The cost of the distance calibration site will not be measured and paid for separately but shall be included in the work.

The entire length of each through lane, climbing lane and passing lane including bridge approaches, bridge decks and intersections from the beginning to the end of the project shall be profiled in their planned final configuration and direction. Shoulders with a width of 12 feet or greater, ramps, tapers, turn slots, acceleration lanes and deceleration lanes shall be profiled, but will not be subject to incentive adjustments. The profile of the entire length of a lane shall be taken at one time. However, a lane profile may be broken into sections to accommodate project phasing. At the Pre-paving Conference, the Contractor shall submit a plan for breaking the project profiling into phases for approval by the Engineer.

105.06

Shoulders less than 12 feet in width and medians will not be profiled and will not be subject to incentive adjustments. Shoulders less than 12 feet in width and medians constructed as part of the project shall be measured in accordance with subsection

Pavement 25 feet outside of a traffic circle and traffic circles will not be profiled and will not be subject to incentive adjustments. Traffic circles shall be measured in accordance with subsection 105.07(a).

A sufficient distance shall be deleted from the profile to allow the profiler to obtain the testing speed, plus a 300 foot distance to stop and start when required. The distance deleted from a profile shall be minimized by reducing testing speed as necessary. Incentive adjustments will not be made for this area. The final surface of these areas shall be tested in accordance with subsection 105.07(a).

The profile shall include transverse joints when pavement is placed on both sides of the joint. When pavement is placed on only one side of the joint, the profile shall start and stop 25 feet outside project paving limits.

The section of pavement 25 feet outside the paving limits to 5 feet inside the paving limits will be evaluated in accordance with subsection 105.07(a) and will not be subject to incentive adjustments.

The profile of the area 25 feet each side of every expansion joint, railroad crossing, cattle guard, bus pad, manhole, gutter pan and intersection (where there is a planned breakpoint in the profile grade line in the direction of traffic) shall be deleted from the profile before the MRI is determined. Incentive adjustments will not be made for these areas. Areas deleted from the profile shall be tested in accordance with subsection 105.07(a).

The profile of the area 25 feet each side of the bridge deck shall be deleted from the profile before the MRI is determined. Incentive adjustments will not be made for this area. When both pavement and a bridge or bridge pavement are being constructed on the project, areas deleted from the profile shall be tested in accordance with subsection 105.07(a). Corrective work required in these areas will not be measured and paid for separately but shall be included in the work. For all other projects, the profile of the area 25 feet each side of the bridge deck shall be deleted from the profile before the MRI is determined. If the Engineer determines that corrective work is required in this area, payment will be made in accordance with subsection 109.04.

excluded areas. The Engineer will verify that the Contractor's marks are located properly. The Contractor shall use traffic cones with reflective tape or reflective tape on the pavement at the beginning and end of each lane for triggering the start and stop locations on the profiler and at any other location, where portions of the profile are being excluded. GPS triggering shall not be used. These locations shall be marked with temporary paint so that the final SA testing uses the same triggering locations.

105.06

The ambient temperature shall be at least 34 °F for the profiler to operate.

The Contractor shall clear the lanes to be tested of all debris before profiling.

Each lane shall be profiled at least once. Profiling shall be at a constant speed (+/- 5 mph of the distance calibration speed) with a minimum speed of 15 mph and a maximum speed of 70 mph. Shoulders with a width of 12 feet or more, ramps, tapers, turn slots, acceleration lanes and deceleration lanes shall be profiled once. The profile shall be taken in the planned direction of travel. The left and right wheel paths shall be profiled simultaneously. Triggers for the start of the profile, the end of the profile and the locations of each exclusion shall be collected during each run. The collected profiles shall be electronically submitted to the Department and Engineer to be analyzed using CP 74.

The Department will determine an MRI for each 0.1 mile section or fraction thereof of completed pavement. Sections will terminate at the beginning of an exclusion and a new section starts at the end of exclusion. The MRI consists of the left and right wheel path's profile passed through the International Roughness Index (IRI) filter. The IRI for the left and right wheel paths are averaged to determine MRI.

The Contractor’s SA test results will be available within ten working days of the completion of SA testing. The Engineer will give the Contractor a report that will include the lane profiled, the MRI in 0.10-mile increments and a summary of areas requiring corrective work. Areas requiring corrective work shall be addressed per 105.07(e) and the entire length of the lane(s) identified with corrective work shall be re-profiled and re-submitted as outlined in this section.

Areas requiring corrective work will be determined according to subsection 105.07(e).

Sections less than 0.005 miles in length shall not be subject to corrective work as specified by Table 105-10. Sections less than 0.005 miles in length shall be evaluated in accordance with subsection 105.07(a).

An MRI for each 0.1 mile section shall be determined on the original pavement surface prior to beginning the work in accordance with subsection 105.07(b) without exclusions. An MRI for each 0.1 mile section shall be determined on the pavement surface after the work is complete in accordance with subsection 105.07(b) without exclusions.

The original and final profile lengths shall have a difference in the length of each lane less than 0.2 percent. When the profile length difference exceeds 0.2 percent, the final testing shall be repeated.

When a 0.1 mile section has a final MRI greater than 92.0 in/mile and the final MRI is greater than the MRI prior to performing the work, that 0.1 mile section shall be corrected by a method approved in writing by the Engineer. Corrective work shall be such that the resulting final MRI is equal to or less than the initial MRI or 92.0 in/mile, whichever is greater. All costs associated with corrective work shall be at the Contractor’s expense, including but not limited to traffic control, additional hot mix asphalt, grinding and milling.

105.06

When the Contractor fails to collect the profile of the original pavement surface prior to beginning the work, the final pavement surface will be evaluated for corrective work in accordance with the criteria for Category C pavement smoothness.

Incentive adjustments for smoothness will not be made for MRI Category D.

Pavements evaluated for MRI Category D that will be overlaid with a surface seal shall be evaluated for pavement smoothness prior to application of the surface seal (e.g., chip seal).

pavement smoothness will be made on a square yard basis in accordance with the following:

Incentive adjustments will be based on the MRI for each 0.1 mile section or fraction thereof. Incentive adjustments for Pavement Smoothness will be made in accordance with Table 105- 12 or 105-13. No incentive payments will be made until all sections requiring corrective work have been completed.

Final acceptance and incentive adjustments for pavement smoothness will be made on a square yard basis based on the MRI for each 0.1 mile section or fraction thereof from the Contractor’s Final SA testing. Those sections requiring corrective work adjustments indicated by the initial SA testing will be re-evaluated.

Table 105-12 HMA Pavement Smoothness (Inches/Mile) Mean Roughness Index

Corrective Maximum Pavement Work Incentive Incentive Payment Smoothness No Required Payment ($/sq.yd.) Category Incentive (0.10 mile ($/sq.yd.) sections) MRI ≤ MRI > 40 and < 55.0 MRI ≥ 55.0 A 40.0 I= 4.6933 - MRI > 70.0 and ≤ 70.0 I = $1.28 0.0853*MRI MRI > 45.0 and < MRI ≤

60.0MRI ≥ 60.0

B 45.0 MRI > 75.0 I= 5.1200 - and ≤ 75.0 I = $1.28 0.0853*MRI MRI > 50.0 and < MRI > 80.0 MRI ≤

65.0MRI ≥ 65.0

C 50.0 I= 5.5467 – and ≤ 80.0 I = $1.28 0.0853*MRI

105.06

Table 105-13 PCCP Smoothness (Inches/Mile) Mean Roughness Index

Corrective Maximum Pavement Work Incentive Incentive Payment Smoothness No Required Payment ($/sq.yd.) Category Incentive (0.10 mile ($/sq.yd.) sections) MRI ≤ MRI > 40 and < 55.0 MRI ≥ 55.0 A 40.0 I=10.2670 – MRI > 70.0 and ≤ 70.0 I = $2.80 0.1867*MRI MRI > 45.0 and < MRI ≤

MRI ≥ 60.0

B 45.0 MRI > 75.0 I=11.2000 – and ≤ 75.0 I = $2.80 0.1867*MRI MRI > 50.0 and < MRI > 80.0 MRI ≤

MRI ≥ 65.0

C 50.0 I= 12.1330 – and ≤ 80.0 I = $2.80 0.1867*MRI

Table 105-14 Corrective Work Criteria (Inches/Mile)

0.005To 0.10 Mile Sections

Mean Roughness Index

Pavement Corrective Work Required Smoothness D = Section Length (miles) Category A MRI =106.84 – 368.42 * D B MRI =114.87 – 394.74 * D C MRI = 122.11 – 421.05 * D

and indicate areas requiring corrective work in accordance with subsection 105.07(b). Corrective work shall be proposed in writing by the Contractor. Corrective work shall not be performed until approved in writing by the Engineer. The Contractor shall perform corrective work in the areas indicated by the SA testing. The criteria for determining if a 0.1 mile section requires corrective work is specified in Table 105-12 or 105-13. The criteria for determining if a section less than 0.10 miles in length and greater than 0.005 miles in length requires corrective work is specified in Table 105-14. Shoulders with a width of 12 feet or more, ramps, tapers, turn slots, acceleration lanes and deceleration lanes will be evaluated for MRI and shall require corrective work if a 0.10 mile section exceeds an MRI greater than 100.0 in/mile. Sections greater than 0.005 mile, but less than 0.1 miles shall not exceed MRI = 152.63 – 526.32 * D; where D is section length in miles.

105.06

Corrective work shall consist of diamond grinding, an approved overlay, or removal and replacement. Corrective work shall conform to of one of the following conditions:

removed, full width of the lane and the full thickness of the layer in accordance with subsection 202.09.

The removal area shall begin and end with a transverse butt joint, which shall be constructed with a transverse saw cut perpendicular to centerline. Replacement material shall be placed in sufficient quantity, so the finished surface conforms to grade and smoothness requirements. Sections removed and replaced shall be at least 0.20 miles in length.

and adjacent lanes. The area overlaid shall begin and end with a transverse butt joint, which shall be constructed with a transverse saw cut and asphalt removal. All material shall be approved hot bituminous mixtures that meet all contract requirements. The overlay shall be placed so that the finished surface conforms to grade and smoothness requirements. The overlay area shall be compacted to the specified density. The overlay thickness shall be equivalent to that of the final layer in accordance with the Contract. Sections overlaid shall be at least 0.20 miles in length.

propelled machine designed for grinding and texturing pavement. The equipment shall weigh a minimum 17,000 pounds including the grinding head and be of a size that will grind a strip at least 3 feet wide in a single pass. The effective wheelbase of the machine shall be at least 12 feet. Grinding equipment that causes raveling, aggregate fractures or disturbance to the joints shall not be permitted. The equipment shall be maintained to ensure it is in proper working order, including the roundness of the match and depth of control wheels. Any wheels found to be out of round shall be immediately replaced. The Engineer may approve smaller equipment for areas that the above equipment cannot reach.

Grinding equipment that causes raveling, aggregate fractures or disturbance to the joints shall not be permitted.

All grinding shall be parallel to the longitudinal joints. Adjacent passes shall be overlapped by a maximum of 2 inches.

The grinding process shall produce a pavement surface that is true to grade and uniform in appearance. The grooves shall be evenly spaced. Any ridges on the outside edge next to the shoulder, auxiliary, or ramp lanes greater than 3/16 inch high shall be feathered out to the satisfaction of the Engineer in a separate, feather pass operation. No adverse drainage conditions shall be caused by the grinding operations.

Grinding shall not reduce planned pavement thickness by more than 0.3 inches. Diamond grinding shall be the full width of a wheel path. The wheel path is from the stripe to the center of the lane.

105.06

The pavement surface after grinding shall have no depressions or misalignment of slope in the longitudinal direction exceeding 1/8 inch in 12 feet when measured with a 12-foot straightedge placed parallel to the centerline. All areas of deviation shall be reground at no additional cost.

The equipment shall have a positive means of vacuuming the grinding residue from the pavement surface, leaving the surface in a clean, near-dry condition. The slurry and residue resulting from the grinding operation shall not be allowed to flow across lanes occupied by the traffic and shall be continuously removed during the grinding operation, leaving the pavement in a clean condition. The Contractor shall haul the grinding residue to a suitable location at an approved location at no additional cost.

Cores shall be taken to verify that minimum pavement thicknesses have been maintained. A minimum of one core shall be taken every 100 cumulative feet or fraction thereof per lane of diamond grinding, as directed by the Engineer. Coring shall be at the Contractor’s expense.

For HMA pavements, the entire ground area of the final pavement surface shall be covered with a Tack Coat conforming to Section 407 (CSS-1h at 0.1 gallons per square yard of diluted emulsion; the emulsion shall be diluted with water at the rate of 50 percent water and 50 percent emulsion) when grinding is complete after corrective work has been completed.

When any grinding on concrete pavement occurs where a core for determining pavement thickness has been previously taken, another core shall be taken after the grinding has been completed and shall replace the original core in the calculation of pavement thickness incentive and disincentive. Joint sealant that has been damaged by grinding on concrete pavement shall be repaired or replaced at the Contractor’s expense in accordance with Standard Plan M-412-1 and subsection 412.18.

For PCCP, diamond ground surface texture will be considered acceptable when the average texture depth (ATD) of the panel is greater than 0.05 inch. The Contractor will perform surface texture testing in accordance with CP 77 Method B. Each area in a lane that required diamond grinding will be tested at least once. Areas in a lane with more than 500 continuous feet of grinding will be tested at a frequency of one test per 500 linear feet. Areas with deficient surface texture shall be diamond ground and retested.

corrective work, the Contractor shall retest the pavement in accordance with subsection

(b). Final SA testing shall only be required on lanes with sections requiring corrective

work. Final SA testing shall start and stop at the same locations as the Initial SA testing. If additional corrective work is identified in the Final SA testing, the Contractor shall perform the corrective work and perform additional Final SA Testing. Time count will be charged pursuant to contract requirements during the time period required for all Final SA Testing. Delays associated with additional Final SA Testing will be considered non-excusable and non- compensable.

The Contractor shall notify the Engineer and the Department by e-mail at DOT_Profiles@state.co.us at least 5 working days in advance of his intention to perform final SA testing. The Department will determine if Smoothness Verification Testing (SV) will be performed. If SV testing will be performed, it will be performed at the same time as the SA testing.

The Initial SA and Final SA profile lengths shall have a difference in the length of each lane less than 0.2 percent. When the profile length difference exceeds 0.2 percent, the Final SA testing shall be repeated.

smoothness verification testing using the Department’s inertial profiler, with the methods described in subsection 105.07(b). The Engineer will notify the Contractor of the Department's intention to perform SV testing. The Contractor shall coordinate with the Department and his profiler to schedule SA and SV to occur at the same time.

The Department will randomly select scheduled Contractor Smoothness Acceptance Testing to verify. A minimum of 25 percent of each scheduled Contractor Smoothness Acceptance Testing by an individual profiler will be verified. The Engineer may also request verification for any Smoothness Acceptance Testing.

The Contractor’s SA test results will be compared to the Department’s SV test results. The Contractor’s SA test results will be considered acceptable and will be used for incentive payment if the following criteria are met:

90 percent of the 1/10 mile sections for each lane.

When the Contractor’s SA test results are not considered acceptable, the Department’s SV test results will be used for incentive payment and the Contractor’s profiler certification will be suspended and evaluated pursuant to CP 78. The Contractor shall schedule with the Department within 10 working days to perform this evaluation or the profiler will be required to be re-certified in accordance with CP 78.

105.08

105.08Document 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 scanned 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.

105.09Coordination of Plans, Specifications, Supplemental Specifications, and Special

Provisions. These specifications, the supplemental specifications, the plans, special provisions, and all supplementary documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work.

In case of discrepancy the order of precedence is as follows:

105.10

The Contractor shall not take advantage of any apparent error or omission in the Contract. If the Contractor discovers an error or omission, the Engineer shall immediately be notified. The Engineer will make corrections and interpretations as necessary to fulfill the intent of the Contract.

105.10Cooperation by Contractor. The Contractor shall give the work the constant attention

necessary to facilitate progress and shall cooperate with the Engineer, inspectors, and other contractors. The Contractor shall have on the project, at all times that work is being performed, a competent superintendent capable of reading and understanding the contract documents and experienced in the type of work being performed. The superintendent will receive instructions from the Engineer and shall be authorized to act for the Contractor on the project and to execute orders or directions of the Engineer without delay. The superintendent shall promptly supply, irrespective of the amount of work sublet, materials, equipment, tools, labor, and incidentals to complete the Contract.

Project First Program. Project First is required on all projects with an Engineer’s Estimate of over one million dollars and is optional and highly recommended for all other projects. The Project First Program shall not take precedent over any other Contract requirement and shall only apply to contracts with the Department.

The Project First Program is structured to draw on the strengths of the Contractor and the Department to identify and achieve mutual goals. Project First is a scalable program that supports effective and efficient contract performance and is performed with reciprocal cooperation. The goal is a project completed within budget, on schedule, and per the Contract. The Department Engineer and the Superintendent are the lead representatives to address the issues promptly and at the appropriate level. Executives from both organizations are encouraged to be active supporters and to visit with the Project Teams. The Project First Program includes the Project Team, consisting of the Department and the Contractor, developing tools to identify and manage project risks and facilitate communication. The tools are developed and updated for the project’s duration in formal Workshops and project meetings.

Project First Workshops.

for the actual costs for the use of a workshop third-party facilitator. The cost for a workshop facilitator shall be agreed upon before engagement. The Project Team shall equally share the facilitation costs. Either the Department or the Contractor may contract directly with the third party.

Preconstruction Conference. The Engineer and the Superintendent shall jointly agree on the individuals to invite to the initial workshop. They shall invite the members from their respective teams. The Region Transportation Director or the Program Engineer, the Resident Engineer, the Engineer, and other project personnel shall attend the initial workshop.

105.10

The Contractor owner, executive or a representative, the Superintendent, project supervision personnel, and key subcontractors shall attend the initial workshop. The Engineer and the Superintendent shall jointly determine if other stakeholders shall attend. At the initial workshop, the parties each will discuss their planned approach to the project and develop the Project First Tools.

least once every two months, unless the Engineer and the Superintendent jointly determine the frequency of these meetings can be reduced, and one final closeout workshop. When there are open items on the Project Risk Assessment Tool, workshops shall continue during no-work periods. Workshops are not required during landscape establishment periods. The Project Team shall conduct the closeout workshop before Final Acceptance.

The Resident Engineer, the Engineer, the Superintendent, and project supervision personnel shall attend the follow-up and Closeout Workshops. The Region Transportation Director or Program Engineer, the Contractor owner, executive, or representatives are not required to attend the follow-up and closeout workshops. The subcontractors or stakeholders with open risk items and incomplete work, shall attend the follow-up and closeout workshops. The Engineer and the Superintendent shall jointly determine if other stakeholders shall attend. In the follow-up workshops the parties will update Risk Assessment Tool risks, including adding any new risks and closing completed risks. The parties shall resolve all remaining risks and document lessons learned before or by the closeout workshop. The Project Team should also celebrate the project successes. Project First Tools.

Assessment Tool. This Tool shall support risk identification, analysis, response strategy, monitoring, and control. All parties shall use the Project Risk Assessment Tool to document and manage the project risks. A risk for the purpose of Project First is an unexpected known event or potential future event that may positively or negatively affect the project costs, schedule, scope, or relationship. The Project Team may modify the Project Risk Assessment Tool to suit the project.

performance concerns to the next person in the supervisory chain. The Escalation Ladder is a list that includes the name, title, and contact information of the individuals in the supervisory chain for the Contractor’s project organization and for the Department’s project organization. The Contractor and the Department shall keep the Escalation Ladder up to date. The Project Team shall use the Escalation Ladder when the following types of concerns occur:

• Bad Faith: When an individual is knowingly or willingly dishonest, not fulfilling legal or contractual obligations, misleads others, enters into an agreement without the intention or means to fulfill it, or violates basic standards of honesty in dealing with others.

105.10

• Administration Performance: When an individual is not responsive in administrative performance such as resolving requests for information, developing partial payments, submitting required documentation, delays in progressing issues, and in negotiations. When an individual is unable to or is not competent in performing construction administration duties. • Defiance: When an individual disregards Contract requirements or the direction of the Engineer. • Professionalism: When an individual acts in an unprofessional manner, including disrespectful, vulgar, or aggressive behavior.

Although these concerns may contribute to the issues described in subsection 105.22, they are different. Subsection 105.22 is the Contract escalation process for issues related to items in subsections 104.02, 104.03, 106.05, 106.06, 108.08(a), and 108.08(d) for merit and quantum.

not change the legal relationship of the parties to the Contract nor act as a waiver of, nor supersede the terms of the Contract. If a Charter is developed, the Project Team shall develop the Charter jointly.

105.11Cooperation with Utilities. The Department will notify all utility companies, pipe line

owners, or other parties affected, and have all necessary adjustments of the public or private utility fixtures, pipe lines, and other appurtenances within or adjacent to the limits of construction made as soon as practicable.

Water lines, gas lines, wire lines, service connections, meter and valve boxes, light standards, cableways, signals, and all other utility facilities within the limits of the proposed construction are to be relocated or adjusted at the owner’s expense unless otherwise provided in the Contract. The Contractor shall cooperate with the utility owners in their removal and relocation operations, so that progress is expedited, duplication of work is minimized and service interruptions are avoided.

Per C.R.S. 9-1.5-103 et seq. (Excavation Requirements – Plans and Specifications), the Department will certify in the project plans and specifications which Quality Level (A-D) the depicted existing known utilities are, pursuant to the most recent version of the ASCE Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data (CI/ASCE 38- 02). The Contractor shall not be relieved of its responsibility to comply with the requirements set forth and shall not rely solely on the Department’s plans and specifications when completing its work with respect to existing buried utilities. The Contract will indicate those utility items that are to be relocated or adjusted by the utility owner or those to be relocated or adjusted by the Contractor. The Contractor shall consider in the bid proposal all of the permanent and temporary utility facilities in their present or relocated positions as shown in the Contract and as revealed by site investigation. Utility delays due to changes that are the responsibility of the Contractor will be considered nonexcusable delays. Utility delays beyond the Contractor’s control and not due to the fault or negligence of the Contractor shall be documented by the Contractor and tied to the project’s critical path schedule, so as to demonstrate a timeline of events leading up to the utility owner’s failure to perform and subsequent delay to the project.

105.12

Delays will be determined to be compensable or noncompensable per subsection 108.08. The Contractor and the Engineer shall meet with the utility owners as often as necessary to coordinate and schedule relocations or adjustments. Additional compensation will not be allowed for foreseeable coordination, inconvenience, or damage sustained due to interference from the utility facilities or the removal or relocation operations as indicated in the Contract.

If utility facilities or appurtenances are found that are neither identified in the Contract, nor revealed by site investigation, the Engineer will determine whether adjustment or relocation of the utility is necessary. The Engineer will make arrangements with either the utility owner or the Contractor to accomplish necessary adjustments or relocations when not otherwise provided for in the Contract. Extra work will be considered for payment per subsection 104.03. Consideration for delays shall be per subsection 108.08(d). Where the Contractor’s operations are adjacent to properties of railroad, telegraph, telephone, power, or other utility companies, that damage might result in considerable expense, loss, or inconvenience, work shall not commence until arrangements for the protection of the utilities have been made. If water or utility services are interrupted, the Contractor shall promptly notify the owner and shall cooperate in the restoration of service. Repair work shall be continuous until the service is restored. Work shall not be undertaken around fire hydrants until provisions for continued service have been approved by the local fire authority.

105.12Cooperation Between Contractors. The Department reserves the right to contract

for and perform other or additional work on or near the work covered by the Contract. When separate contracts are let within the limits of any one project, each Contractor shall conduct the work without interfering or hindering the progress or completion of the work being performed by other Contractors. Contractors working on the same project shall cooperate with each other as directed.

Each Contractor involved shall assume all liability, financial or otherwise, in connection with the Contract and shall protect and save harmless the Department from any and all damages or claims that may arise because of inconvenience, delay, or loss because of the presence and operations of Contractors working within the limits of the same or adjacent project.

105.13Construction Stakes, Lines and Grades. Construction work shall not be performed

until adequate lines and grades have been established by the Department or by the Contractor.

Surveying, the Department will provide control points and benchmarks as described in the Contract. The Contractor shall furnish and set construction stakes establishing lines and grades per the provisions of Section 625. The Engineer may order extra surveying, which will be paid for at a negotiated rate not to exceed $150 per hour.

Construction Surveying, the Engineer will furnish one set of construction stakes and marks establishing lines and grades as described below for proper completion of the work.

105.14

Roadway staking will include stakes for; fence, centerline, slopes, grades (bluetops), curb and gutter, sidewalk, and median barrier. Grade stakes for finished subgrade will not be set until the grade established by the slope stakes is constructed to within 0.3 foot of the finished subgrade elevation. Minor structures and retaining wall staking will be limited to stakes establishing line and grade by using offset line and grade stakes. Major structures staking and references will be limited to centerlines (or work lines or control lines) as shown on the plans, appropriate offset lines and grades; and elevations set for footings, piers, pier caps, abutments, bottom of deck grades and finish deck screed grades. It will be the responsibility of the Contractor to use these references and marks and establish any additional control and layout necessary for the proper completion of the work in its final location. The Contractor shall be responsible for the accuracy of all the vertical and horizontal control it transfers and establishes. The Contractor shall, when required, provide access to abutments, piers or other locations, and shall furnish working platforms that meet applicable safety requirements so the Engineer’s duties can be performed. The Contractor shall preserve all stakes and marks. If any stakes or marks are destroyed, disturbed or removed by the Contractor, subcontractors, or suppliers, the cost of replacing them will be charged against the Contractor and will be deducted from the payment for the work at a negotiated rate not to exceed $150 per hour.

It is the responsibility of the Contractor to perform all required layout work, which shall include, but will not be limited to the following:

The Engineer reserves the right to inspect all staking and work in place to ensure conformance with the Contract. A minimum of two workdays will be required as advance notice to the Engineer to provide project control staking.

105.14Authority and Duties of the Project Engineer. The Project Engineer has immediate

charge of the administration and engineering details of each construction project. The Project Engineer has the authority to exercise all duties and responsibilities of the Engineer contained in the Contract, except those specifically retained by the Chief Engineer. The CDOT Project Engineer and the CDOT Resident Engineer are the only representatives of the Chief Engineer authorized to sign Contract Modification Orders. The Project Engineer is responsible for initial decisions relating to Contractor disputes pursuant to subsection

105.22

105.15Duties of the Inspector. Inspectors employed by the Department are authorized to

inspect all work done, and materials furnished. This inspection may extend to all or any part of the work and to the preparation, fabrication or manufacture of the materials to be used. The inspector is not authorized to alter or waive the provisions of the Contract. The inspector is not authorized to issue instructions contrary to the provisions of the Contract or to act as foreman for the Contractor.

105.16

105.16Inspection and Testing of Work. All materials and each part or detail of the work

shall be subject to inspection by the Engineer. The Engineer shall be allowed access to all parts of the work and shall be furnished with information and assistance by the Contractor as required to make a complete and detailed inspection.

Before final acceptance of the work, the Contractor shall remove or uncover such portions of the finished work, as directed. After examination, by the Engineer, the Contractor shall restore the work to the standard required by the Contract. If the work thus exposed or examined proves acceptable, the uncovering, removing, or restoring the work will be paid for as extra work. If the work exposed or examined proves unacceptable, the uncovering, removing, or restoring the work shall be at the Contractor’s expense.

Any work done or materials used without inspection by an authorized Department representative may be ordered uncovered, removed, or restored at the Contractor’s expense.

When any unit of government or political subdivision, utility, or railroad corporation is to pay a portion of the cost of the work covered by a highway Contract, its respective representatives shall have the right to inspect the work. This inspection shall not make any unit of government or political subdivision, utility, or railroad corporation a party to the Contract, and shall not interfere with the rights of either party.

All inspections and all tests conducted by the Department are for the convenience and benefit of the Department. These inspections and tests do not constitute acceptance of the materials or work tested or inspected, and the Department may reject or accept any work or materials at any time before the inspection pursuant to subsection 105.21(b) whether or not previous inspections or tests were conducted by the Engineer or authorized representative.

105.17Removal of Unacceptable Work and Unauthorized Work. Unacceptable work is

work that does not conform to the requirements of the Contract.

Unacceptable work, resulting from any cause, found to exist before the final acceptance of the work, shall be removed and replaced in an acceptable manner at the Contractor’s expense. The fact that the Engineer or an inspector may have overlooked the unacceptable work shall not constitute an acceptance of any part of the work.

Unauthorized work is work that was done without adequate lines and grades having been established by the Engineer or by the Contractor, work done contrary to the instructions of the Engineer, work done beyond the lines shown on the plans, or extra work done without the Engineer’s authorization. Unauthorized work will not be paid for under the provisions of the Contract and may be ordered removed or replaced at the Contractor’s expense.

If the Contractor fails to comply with any order of the Engineer made under the provisions of this subsection, the Engineer will have authority to cause unacceptable work to be remedied or removed and replaced, and unauthorized work to be removed. The Engineer will deduct the costs from any monies due or to become due the Contractor.

105.18Load Restrictions. The Contractor shall comply with all legal load restrictions in the

hauling of equipment or materials on public roads beyond the limits of the project. A special permit will not relieve the Contractor of liability for damage resulting from the moving of equipment or material.

105.19

The operation of equipment or hauling loads that cause damage to structures, the roadway or any other construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited by the Contractor to methods and equipment that will prevent damage to the pavement structure. Loads will not be permitted on a concrete pavement or structure before the expiration of the curing period. The Contractor shall be responsible for the repair of all damage and related expense resulting from hauling equipment and construction operations.

If a vehicle’s gross weight exceeds the legal limit, and the material transported by the vehicle is delivered to the project, the material and the scale ticket (certificate of correct weight) will not be accepted.

If a scale ticket from an overweight vehicle is inadvertently accepted and the material incorporated into the project, the Engineer will adjust the price for the overweight load as follows:

weight will not be paid for.

following schedule. Overweight Price Reduction

0 - 3000 20 3001 - 4000 40 4001 - 5000 82 5001 - 6,000 130 6001 - 7000 226 7001 - 8000 376 8001 - 9000 582 9,001 - 10,000 842 $870 plus $164 for each 1,000 Over 10,000 lbs. over 10,000 lbs.

105.19Maintenance During Construction. The Contractor shall maintain all work that is

included in the Contract during construction and until final written acceptance, except as otherwise specified in subsection 107.17. This maintenance shall constitute continuous and effective work prosecuted with adequate equipment and forces, so the roadway or structures are kept in satisfactory condition at all times. If the Contract involves the placement of material on or utilization of, a previously constructed subgrade, pavement structure or structure, the Contractor shall maintain the previously constructed work during all construction operations. All cost of maintaining the contract work during construction and before final written acceptance will not be paid for separately, but shall be included in the work, except as otherwise specified in subsection

107.17

105.20

105.20Failure to Maintain Roadway or Structure. If the Contractor fails to comply with

the provisions of subsection 105.19, the Engineer will immediately notify the Contractor of such noncompliance. Except in the case of traffic signal maintenance, the Contractor shall respond and remedy unsatisfactory maintenance within 24 hours after receipt of such notice. If the Contractor fails to remedy unsatisfactory maintenance in the allotted time, the Engineer may immediately proceed to maintain the project, and the entire cost of this maintenance will be deducted from the monies due or to become due to the Contractor on the Contract.

In the case of traffic signal maintenance, the Contractor shall respond and remedy unsatisfactory maintenance within one hour of receipt of notice on urban highways, and within four hours of receipt of notice on rural highways. Traffic signal maintenance shall include all approved traffic control items and work that are required to maintain traffic through the affected area while the traffic signal is being repaired or replaced. If the Department performs traffic signal maintenance, the Department shall be held harmless for all subsequent occurrences of maintenance to the signals that the Department maintained. 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:

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.

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.

105.21Acceptance

satisfactorily completes a unit or portion of the project, such as a structure, an interchange, or a section of road or pavement that can be used advantageously for

105.22

traffic, the Engineer may make final inspection of that unit. If the Engineer finds that the unit has been satisfactorily completed in compliance with the Contract, the Contractor may be relieved of further responsibility for that unit except as otherwise provided in subsection

107.16. Partial acceptance shall not void or alter any of the terms of the Contract

project, the Engineer will make an inspection. If the work provided for by the Contract has been satisfactorily completed, that inspection shall constitute the final inspection and the Engineer will notify the Contractor in writing of final acceptance indicating the date the project was inspected and accepted. If the inspection discloses any unsatisfactory work, the Engineer will give the Contractor a written list of the work needing correction. Upon correction of the work, another inspection will be made. If the work has been satisfactorily completed, the Engineer will notify the Contractor in writing of the date of final inspection and acceptance. Final acceptance under this subsection does not waive any legal rights contained in subsection 107.21. If not included in the Partial or Final Acceptance letter, no later than 3 working days after the acceptance letter is provided to the Contractor, the Engineer will provide in writing a detailed list of all remaining documentation required by the Contract. Upon reviewing and accepting the remaining documentation, and with no other outstanding issue(s), the Engineer will release retainage as follows:

less than $20,000.

Dispute Resolution. Subsections 105.22, 105.23, and 105.24 detail the process through

which the parties (CDOT and the Contractor) agree to resolve any issue that may result in a dispute. The intent of the process is to resolve issues early, efficiently, and as close to the project level as possible. Figure 105-1 outlines the process. Specified time frames may be extended by mutual agreement of the Engineer and the Contractor. In these subsections, when a time frame ends on a Saturday, Sunday or holiday, the time frame shall be extended to the next scheduled workday.

An issue is a disagreement concerning contract price, time, interpretation of the Contract, or all three between the parties at the project level regarding or relating to the Contract. Issues include, but are not limited to, a disagreement resulting from a delay, a change order, another written order, or an oral order from the Project Engineer, including any direction, instruction, interpretation, or determination by the Project Engineer, interpretations of the Contract provisions, plans, or specifications or the existence of alleged differing site conditions. The Contractor shall bring all issue(s) to the Project Engineer’s attention, in writing, within 30 days of the Contractor being aware of the issue(s). Written notice must take the form of a stand-alone, non-chain e-mail or letter, addressed and delivered to the Project Engineer. If a Contractor provides written notice outside of the 30-day deadline, it shall be presumed that CDOT suffered prejudice. Where the Contractor failed to provide the required notice, the failure to provide notice may be treated as a separate and threshold dispute to be resolved before other related disputes(s) are submitted, addressed, or resolved. A dispute is an issue which the Contractor and CDOT have not beenable to resolve and for which the Contractor submits a written formal notice of dispute per subsection 105.22(b).

105.22

A claim is a dispute not resolved at the Resident Engineer level or resolved after a DRB recommendation. The term "merit" refers to the right of a party to recover on a claim or dispute, irrespective of quantum, based on the substance, elements, and grounds of that claim or dispute. The term "quantum" refers to the quantity or amount of compensation or time deserved when a claim or dispute is found to have merit. Disputes from subcontractors, material suppliers, or any other entity not party to the Contract shall be submitted through the Contractor. Review of a pass-through dispute does not create privity of Contract between CDOT and the subcontractor. An audit may be performed by the Department for any dispute or claim. All audits will be completed within 90 days of the request for an audit, provided the Contractor allows the auditors reasonable and timely access to the contractor’s books and records. If CDOT does not respond within the specified timelines, the Contractor may advance the dispute to the next level. When the Project Engineer is a Consultant Project Engineer, actions, decisions, and determinations specified as made by the Project Engineer shall be made by the Resident Engineer. The dispute resolution process set forth in this subsection shall be exhausted in its entirety before initiation of litigation. Failure to comply with the requirements set forth in this subsection, including notice requirements, shall bar either party from any further administrative, equitable, or legal remedies. Subject to the rebuttable presumption of prejudice to CDOT set forth above, if a deadline is missed that does not prejudice either party, further relief shall be allowed. All written notices of dispute shall be submitted within 30 days of date of the Project Engineer’s Final Acceptance letter; see subsection 105.21(b). When a project has a landscape maintenance period, the Project Engineer will grant partial acceptance per subsection 105.21(a). This partial acceptance will be project acceptance of all the construction work performed before this partial acceptance. All disputes and claims related to the work in which this partial acceptance is granted shall be submitted within 30 days of the Project Engineer’s partial acceptance. Should the Contractor’s dispute use the Total Cost approach for calculating damages, damages will be determined by subtracting the contract amount from the total cost of performance. Should the Contractor’s dispute use the Modified Total Cost approach for calculating damages, if the Contractor’s bid was unrealistic in part, or some of its costs were unreasonable or some of its damages were caused by its own errors, those costs and damages will be deducted from the total cost of performance to arrive at the Modified Total Cost. The Total Cost or Modified Total Cost basis for calculating damages shall not be available for any disputes or claims seeking damages where the Contractor could have kept separate cost records at the time the dispute arose as described in subsection 105.22(a).

105.22

additional time incurred for each dispute for a period of at least three years after the date of final payment or until dispute is resolved, whichever is more. The Contractor, subcontractors, and lower tier subcontractors shall provide adequate facilities, acceptable to the Engineer, for an audit during normal business hours. The Contractor shall permit the Engineer or Department auditor to examine and copy those records and all other records required by the Engineer to determine the facts or contentions involved in the dispute. The Contractor shall identify and segregate any documents or information that the Contractor considers particularly sensitive, such as confidential or proprietary information. Throughout the dispute, the Contractor and the Project Engineer shall keep complete daily records of extra costs and time incurred, per the following procedures:

affected, and the potential effect to the project’s schedule. Such records shall also reflect all labor, material, and equipment applicable to the affected operations.

the Contractor shall provide the Project Engineer with the daily records for the preceding week. If the Contractor’s records indicate costs greater than those kept by the Department, the Project Engineer will meet with the Contractor and present his records to the Contractor at the meeting. The Contractor shall notify the Engineer in writing within three workdays of any inaccuracies noted in, or disagreements with, the Department’s records.

shall provide a written notice of dispute to the Project Engineer upon the failure of the Parties to resolve the issue through negotiation. Disputes will not be considered unless the Contractor has first complied with specified issue resolution processes such as those specified in subsections 104.02, 106.05, 108.08(a), and 108.08(d). The Contractor shall supplement the written notice of dispute within 15 days with a written Request for Equitable Adjustment (REA) providing the following:

basis, legal or factual, that support the dispute.

105.24(b)12., with supporting documentation

Contractor is asserting a schedule change or disruption. This analysis shall meet the requirements of subsection 108.08(d). The Contractor shall submit as much information on the quantum and impacts to the Contract time as is reasonably available with the REA and then supplement the REA as additional information becomes available. If the dispute escalates to the DRB process, neither party shall provide or present to the DRB any issue or any information that was not contained in the REA and fully submitted in writing to the Project Engineer and Resident Engineer during the subsection 105.22 process.

meet with the Contractor to discuss the merits of the dispute. Within seven days after this

105.23

meeting, the Project Engineer will issue a written decision on the merits of the dispute. The Project Engineer will either deny the merits of the dispute or notify the Contractor that the dispute has merit. This determination will include a summary of the relevant facts, Contract provisions supporting the determination, and an evaluation of all scheduling issues that may be involved. If the dispute is determined to have merit, the Contractor and the Project Engineer will determine the adjustment in payment, schedule, or both within 30 days. When a satisfactory adjustment is determined, it shall be implemented per subsections 106.05,

108.08, 109.04, 109.05 or 109.10 and the dispute is resolved

If the Contractor accepts the Project Engineer's denial of the merits of the dispute, the dispute is resolved, and no further action will be taken. If the Contractor does not respond in seven days, it will be assumed he has accepted the denial. If the Contractor rejects the Project Engineer's denial of the merits of the dispute or a satisfactory adjustment of payment or schedule cannot be agreed upon within 30 days, the Contractor may further pursue resolution of the dispute by providing written notice to the Resident Engineer within seven days, according to subsection 105.22(d).

notice to the Resident Engineer of unsatisfactory resolution of the dispute, the Project Engineer and Resident Engineer will meet with the Contractor to discuss the dispute. Meetings shall continue weekly for a period of up to 30 days and shall include a Contractor's representative with decision authority above the project level. If these meetings result in resolution of the dispute, the resolution will be implemented per subsections 108.08, 109.04, 109.05, or 109.10 and the dispute is resolved. If these meetings do not result in a resolution or the participants mutually agree that they have reached an impasse, the dispute shall be presented to the Dispute Review Board per subsection 105.23.

105.23Dispute Review Board. A Dispute Review Board (DRB) is an independent third party

that will provide specialized expertise in technical areas and administration of construction contracts. The DRB will assist in and facilitate the timely and equitable resolution of disputes between CDOT and the Contractor in an effort to avoid animosity and construction delays, and to resolve disputes as close to the project level as possible. The DRB shall be established and operate as provided and shall serve as an independent and impartial board. A DRB member shall not be called as witness for future litigation. There are two types of DRBs: the “On Demand DRB” and the “Standing DRB”. The DRB shall be an “On Demand DRB” unless a “Standing DRB” is specified in the Contract. An On Demand DRB shall be established only when the Project Engineer initiates a DRB review per subsection

(a). A Standing DRB, when specified in the Contract, shall be established at the

beginning of the project.

subsection 105.22, the Project Engineer will initiate the DRB review process within five days after the period described in subsection 105.22(d).

statewide list of pre-approved DRB candidates experienced in construction processes

105.23

and the interpretation of contract documents and the resolution of construction disputes. Only individuals who have completed training (currently titled DRB Administration and Practice Training) through the Dispute Resolution Board Foundation or otherwise approved by CDOT can be a DRB member. DRB nominees shall be selected from the list of pre-approved candidates. When a DRB is formed, the parties shall execute the agreement set forth in subsection 105.23(l).

member. The Contractor and CDOT shall select the DRB member and execute the Three-Party Agreement within 30 days of initiating the DRB process. If the parties do not agree on the DRB member, each shall select five candidates. Each party shall numerically rank their list using a scale of one to five with one being their first choice and five being their last choice. If common candidates are listed, but the parties cannot agree, that common candidate with the lowest combined numerical ranking shall be selected. If there is no common candidate, the lists shall be combined, and each party shall eliminate three candidates from the list. Each party shall then numerically rank the remaining candidates, with Number 1 being the first choice. The candidate with the lowest combined numerical ranking shall be the DRB member. The CDOT Project Engineer will be responsible for having all parties execute the agreement.

members. The Contractor and CDOT shall each select a member and those two members shall select a third. Once the third member is approved, the three members will nominate one of them to be the Chair and execute the Three-Party Agreement within 45 days of initiating the DRB process.

each select a member and those two members shall select a third member. Once the third member is approved the three members will nominate one of them to be the Chair. The Contractor and CDOT shall submit their proposed Standing DRB members within five days of execution of the Contract. The third member shall be approved before the Pre-construction Conference. The third member shall be selected within 15 days of execution of the Contract. Before construction starting, the parties shall execute the Three-Party Agreement. The CDOT Project Engineer will be responsible for having all parties execute the agreement. The Project Engineer will invite the Standing DRB members to the Pre-construction and any Project First conferences.

consideration. CDOT and the Contractor shall inform its selected DRB member who the major firms/people are on the project and request its selected DRB member to review the CDOT disclosure requirements and Canon of Ethics and then submit a disclosure statement which shall also be submitted to the other party. DRB candidates shall complete the DRB Disclosure Requirements and DRB Nominee Disclosure Form and disclose to the parties the following relationships:

the DRB member.

105.23

DRB’s they are serving or that they will be participating in another DRB. If either party objects to the selection of the chair or other DRB members based on the disclosures, or based on information not disclosed, which might bring into question the impartiality, independence, or performance of the potential member, that potential member shall not be placed on the Board.

parties.

be selected within four weeks in the same manner as the Board member who was removed was originally selected.

Chief Engineer, the DRB will coordinate with the parties on the date and location of the initial DRB meeting.

Board members.

project site.

of Board business.

to 180 days throughout the life of the Contract, except that this schedule may be modified to suit developments on the job as the work progresses. Regular meetings shall be attended by representatives of the Contractor and the Department.

Board considers necessary to keep it abreast of the project such as construction status, schedule, potential problems and solutions, status of past claims and disputes, and potential claims and disputes. Copies of each agenda shall be submitted to the Contractor and the Department at least seven days before the meeting date. Oral or written presentations or both shall be made by the Contractor and the Department as necessary to give the Board all the data the Board requires to perform its functions. The Board will prepare minutes of each meeting, circulate them to all participants for comments and approval, and issue revised minutes before the next meeting. As a part of each regular meeting, a field inspection trip of all active segments of the work at the project site may be made by the Board, the Contractor, and the Department.

dispute and have conducted preliminary negotiations but before expenditure of additional resources and hardening their positions. Advisory opinions provide quick insight into the DRB’s likely assessment of the dispute. This process is quick and may be entirely oral and does not prejudice the opportunity for a DRB hearing.

105.23

procedure for requesting and issuing advisory opinions should be discussed with the DRB at the first meeting with the parties.

party. If the dispute is not resolved and a hearing is held, the oral presentations and advisory opinion are completely disregarded and the DRB hearing procedure is followed.

review process, the Project Engineer will:

time. The hearing shall be held at the Resident Engineer’s office unless an alternative location is agreed to by both parties. Unless otherwise agreed to by both parties an On Demand DRB hearing will be held within 30 days after the Three-Party Agreement is signed by the CDOT Chief Engineer. Unless otherwise agreed to by both parties, a Standing DRB hearing will be held within 30 days after the DRB has been requested per subsection 105.23(a).

Contractor and CDOT pertaining to the dispute, the DRB request, the Contract documents, and the special provisions at least two weeks before the hearing.

documentation, quantum, and other information as previously submitted in writing and as previously disputed in the formal dispute process covered in subsection 105.22(b), (c), and (d). All Pre-hearing Submittals planned to be used at the hearing, shall be submitted to the other party 35 days before the hearing for review for compliance with this requirement. If either party contends there are new arguments, supporting documents, new quantum, or any new information in a pre-hearing Submittal, and the other party objects to this information being presented to the DRB, the objecting party shall submit its objections in writing to the other party within 10 days. The parties shall meet within five days to reconcile the objection before the submittal is submitted to the DRB. If the parties cannot reconcile the objection, but the new argument, supporting documentation, new quantum, or new information does not change either party’s position on merit or quantum, the information shall be allowed in the Pre-hearing submittal and presented to the DRB. If the parties cannot reconcile the objections within the five days allowed, each party shall submit a one-page brief on their objections, but not the actual information objected to, to the DRB for a decision on the use of the documents. The DRB shall not approve any information simply because it is relevant to the dispute or referenced during the dispute. Neither party shall attempt to present anything to the DRB which they did not present to the other party during the dispute process. The dispute process shall be delayed while this determination is being made and a new hearing date set, if necessary. Pre-hearing Submittals to the DRB are as follows:

105.23

submitted to the DRB. The parties shall make every attempt to agree upon a Joint Statement of the dispute. If the parties cannot agree on the Joint Statement, each party’s independent statement shall be submitted to the DRB. The Joint Statement shall summarize, in a few sentences, the nature of the dispute(s) and the scope of the desired decision.

submit by email to the DRB Chairperson their party’s Position Paper. The DRB Chairperson shall simultaneously distribute by email the Position Papers to all parties and other DRB members, if any. The Position Paper shall contain the following:

language and the supporting documents of each element of the disputes.

the DRB shall make a final determination as to who attends the hearing.

per methods set forth in subsection 105.24(b)12. The Scope of the hearing will not include quantum if CDOT has requested an audit that has not been completed.

copy of all its supporting documents to the DRB and the other party. Supporting documents include any presentations, visuals, or handouts planned to be used at the hearing. To minimize duplication and repetitiveness, the parties are encouraged to identify a common set of documents that will be referred to by both parties and submit them in a separate package to the DRB at least 20 days before the hearing. Common documents are communications between parties, speed memos, change orders, schedules, request for equitable adjustment, and correspondence, and any document used in the subsection 105.22 process. CDOT shall submit the common set of documents to the Board and Contractor.

DRB either website links, electronic PDFs, or hard copies of pertinent contract documents such as plans, specifications, and M and S Standards.

and the parties shall be conducted as soon as a hearing date is established, but no later than 10 days before the hearing. The DRB Chairperson shall explain the specifics of how the hearing will be conducted including how the two parties will present their information. (Ex. Each party makes a full presentation of their positions or presentations will be made on a “point by point” basis with each party making a presentation only on the individual dispute issue before moving onto the next issue.) If the pre-hearing position papers and documents have been received by the DRB before the conference call, the Chairperson shall discuss the estimated hours of review and activities for the disputes (such as time spent evaluating and preparing recommendation on specific issues presented to the DRB). If the pre-hearing position papers and documents have not been received by the Board before the conference call, another conference call will be scheduled during the initial conference call to discuss the estimated hours of review. The Engineer shall coordinate the conference call.

105.23

control the hearing and conduct it as follows:

construction on the project.

previously submitted information and documentation in the pre-hearing position paper. No new information or disputes will be heard or addressed by the DRB. Rebuttals of the other party’s arguments shall not be presented at this time.

information and documentation.

party’s rebuttals.

be provided the opportunity to exchange questions and answers. Questions from the parties shall be directed to the Chairperson. Attendees may respond only when board members request a response.

issue to them or unless agreed to by both parties. Should the parties disagree on attorney participation, the DRB shall decide on what, if any, participation will be permitted. Attorneys representing the parties are permitted to attend the hearing, provided their presence has been noted in the pre-hearing submittal.

party before the DRB process. A party intending to offer an outside expert's analysis at the hearing shall disclose such intention in the pre-hearing position paper. The expert's name and a general statement of the area of the dispute that will be covered by his presentation shall be included in the disclosure. The other party may present an outside expert to address or respond to those issues that may be raised by the disclosing party's outside expert.

shall include the cost of the outside expert in the DRB's regular invoice. CDOT and the Contractor shall equally bear the cost of the services of the outside expert employed by the DRB.

information which the other party feels was not in the Pre-hearing submittals, the chairperson shall require the party to demonstrate where in the Pre-hearing submittal the information in question resides.

hearing one time. On the final date and time established for the hearing, the DRB shall proceed with the hearing using the information that has been submitted.

attendance.

105.23

following procedures:

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.

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:

concerning the dispute.

dispute is determined to be valid.

an explanation as to why each and every position was accepted or rejected.

to both parties.

clarification or reconsideration of a decision within 10 days following receipt of the Recommendation. Within 10 days after receiving the request, the DRB shall provide written clarification or reconsideration to both parties. Requests for clarification or reconsideration shall be submitted in writing simultaneously to the DRB and to the other party. The Board shall not accept requests for reconsideration that amount to a renewal of a prior argument or additional argument based on facts available at the time of the hearing. The Board shall not consider any documents or arguments which have not been made a part of the pre-hearing submittal other than clarification and data supporting previously submitted documentation. Only one request for clarification or reconsideration per dispute from each party will be allowed.

written acceptance or rejection of the Recommendation, in whole or in part, concurrently to the other party and to the DRB within 14 days after receipt of the Recommendation or following receipt of responses to requests for clarification or reconsideration. If the parties accept the Recommendation or a discreet part thereof, it will be implemented per subsections 108.08, 109.04, 109.05, or 109.10 and the dispute is resolved. If either party rejects the Recommendation in whole or in part, it shall give written explanation to the other party and the DRB within 14 days after receiving the Recommendation. When the Recommendation is rejected in whole or in part by either party, the other party may either abandon the dispute or pursue a formal claim per subsection 105.24.

105.23

If either party fails to submit its written acceptance or rejection of the Dispute Board’s recommendation, according to these specifications, such failure shall constitute that party’s acceptance of the Board’s recommendation.

are admissible in subsequent proceedings but shall be prefaced with the following

paragraph: This Recommendation may be taken under consideration with the understanding that:

examination.

production of documents or depositions.

the entire cost of the following to support the Board’s operation:

equally. Each DRB board member shall be compensated at an agreed rate of $1,200 per day if time spent on-site per meeting is greater than four hours. Each DRB board member shall be compensated at an agreed rate of $800 per day if time spent on-site per meeting is less than or equal to four hours. The time spent traveling to and from each meeting shall be reimbursed at $50 per hour if the travel distance is more than 50 miles. The agreed daily and travel time rates shall be considered full compensation for on-site time, travel expenses, transportation, lodging, time for travel of more than 50 miles and incidentals for each day, or portion thereof that the DRB member is at an authorized DRB meeting. No additional compensation will be made for time spent by DRB members in review and research activities outside the official DRB meetings unless that time, (such as time spent evaluating and preparing recommendations on specific issues presented to the DRB), has been specifically agreed to in advance by the Department and Contractor. Time away from the project that has been specifically agreed to in advance by the parties will be compensated at an agreed rate of $125 per hour. The agreed amount of $125 per hour shall include all incidentals. Members serving on more than one DRB, regardless of the number of meetings per day, shall not be paid more than the all-inclusive rate per day or rate per hour for an individual project.

105.23

submit an invoice to the Contractor for fees and applicable expenses incurred each month following a month in which the Board members participated in Board functions. Such invoices shall be in the format established by the Contractor and the Department. The Contractor shall submit to the Department copies of all invoices. No markups by the Contractor will be allowed on any DRB costs. The Department will split the cost by authorizing 50 percent payment on the next progress payment. The Contractor shall make all payments in full to Board members within seven calendar days after receiving payment from the Department for this work.

105.23

Dispute Review Board Three Party Agreement Colorado Project Number THIS THREE-PARTY AGREEMENT, made as of the date signed by the Chief Engineer below, by and between: the Colorado Department of Transportation, hereinafter called the “Department”; and , hereinafter called the “Contractor”; and , , , and , hereinafter called the “Dispute Review Board” or “Board”. WHEREAS, the Department is now engaged in the construction of the [Project Name] and WHEREAS, the Contract provides for the establishment of a Board in accordance with subsections 105.22 and

of the specifications

NOW, THEREFORE, it is hereby agreed: ARTICLE I DESCRIPTION OF WORK AND SERVICES The Department and the Contractor shall form a Board in accordance with this agreement and the provisions of subsection 105.23. ARTICLE II COMMITMENT ON PART OF THE PARTIES HERETO The parties hereto shall faithfully fulfill the requirements of subsection 105.23 and the requirements of this agreement. ARTICLE III COMPENSATION The parties shall share equally in the cost of the Board, including general administrative costs (meeting space and facilities, secretarial services, telephone, mail, reproduction, filing) and the member’s individual fees. Reimbursement of the Contractor’s share of the Board expenses for any reason is prohibited. The Contractor shall make all payments in full to Board members. The Contractor shall submit to the Department an itemized statement for all such payments, and the Department will split the cost by including 50 percent payment on the next progress payment. The Contractor and the Department will agree to accept invoiced costs prior to payment by the Contractor. Board members shall keep all fee records pertaining to this agreement available for inspection by representatives of the Department and the Contractor for a period of three years after the termination of the Board members’ services. Payment to each Board member shall be at the fee rates established in subsection 105.23 and agreed to by each Board member, the Contractor, and the Department. In addition, reimbursement will be made for applicable expenses. Each Board member shall submit an invoice to the Contractor for fees incurred each month following a month in which the members participated in Board functions. Such invoices shall be in the format established by the

105.23

Contractor and the Department. Payments shall be made to each Board member within 60 days after the Contractor and Department have received all the applicable billing data and verified the data submitted by that member. The Contractor shall make payment to the Board member within seven calendar days of receipt of payment from the Department. DISPUTE REVIEW BOARD THREE PARTY AGREEMENT PAGE 2 COLORADO PROJECT NUMBER

ARTICLE IV ASSIGNMENT Board members shall not assign any of the work to be performed by them under this agreement. Board members shall disclose any conflicts of interest including but not limited to any dealings with either party in the previous five years other than serving as a Board member under other contracts. ARTICLE V COMMENCEMENT AND TERMINATION OF SERVICES The commencement of the services of the Board shall be in accordance with subsection 105.23 of the specifications and shall continue until all assigned disputes under the Contract which may require the Board’s services have been heard and a Recommendation has been issued by the Board as specified in subsection

. If a Board member is unable to fulfill his responsibilities for reasons specified in subsection

(b)7, he shall be replaced as provided therein, and the Board shall fulfill its responsibilities as though

there had been no change. ARTICLE VI LEGAL RELATIONS The parties hereto mutually agree that each Board member in performance of his duties on the Board is acting as an independent contractor and not as an employee of either the Department or the Contractor. Board members will guard their independence and avoid any communication about the substance of the dispute without both parties being present. The Board members are absolved of any personal liability arising from the Recommendations of the Board. The parties agree that members of the dispute review board panel are acting as mediators for purposes of C.R.S. § 13-22-302(4) and, as such, the liability of any dispute review board member shall be limited to willful and wanton misconduct as provided for in C.R.S. § 13-22-305(6). Board members shall not be called as witness for future litigation. IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed the day and year written below. BOARD MEMBER: . BY: . BOARD MEMBER: . BY: . BOARD MEMBER: . BY: . CONTRACTOR: . BY: . TITLE: COLORADO DEPARTMENT OF TRANSPORTATION BY: . DATE: , TITLE: CHIEF ENGINEER

105.24

Claims for Unresolved Disputes. The Contractor may file a claim only if the disputes

resolution process described in subsections 105.22 and 105.23 has been exhausted without resolution of the dispute. Other methods of nonbinding dispute resolution, exclusive of 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) 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.

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.

claim, the Contractor shall submit to the RTD five copies of a complete claim package

105.24

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:

CONTRACTOR’S CLAIM CERTIFICATION Under penalty of law for perjury or falsification, the undersigned, (name) , (title) , of

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:

105.24

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:

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.

individuals who may be knowledgeable about facts giving rise to such claim.

supplier and other individuals who may be knowledgeable about facts giving rise to such claim.

statement of the reasons why such provisions support the claim.

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.

105.24

that support the claim.

breakdown of that amount into the following categories:

recoverable by the Contractor. All other costs or categories of costs are not recoverable:

owned equipment and based on certified invoice costs for rented equipment.

time extension).

also includes a time extension or if the dispute required salaried employee(s) to be added to the Project).

of detail as specified is required for all such claims).

provided, including profit and home office overhead.

of Intent to File Claim.

no liability for the following items of damages or expense:

capacity, loss of bidding opportunities, and insolvency.

above.

105.24

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 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.

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.

105.24

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.

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, 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.

Figure 105-1 provides a summary of the disputes and claims process described in subsections 105.22, 105.23, and 105.24.

105.24

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

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

Contractor provides written notice of dispute to Project Engineer

Contractor provides written REA including the following:

15 Days – 105.22(c)

CDOT Project Engineer and Contractor discuss merit of dispute.

7 days – 102.22(c)

PE denies merit of dispute PE determines dispute has merit. 7 days – 102.22(c) 7 days – 102.22(c)

Contractor rejects PE’s denial. Contractor accepts denial. Merit granted – Quantum Contractor provides written notice to PE Dispute is resolved. negotiations. 30 Days – 105.22 (c)

7 days – 102.22(d) Disagree on quantum. Proj Eng/Res Eng & Supt/PM & Contractor’s Adjustment of payment/ rep with decision authority above the schedule in consultation project level to meet regularly to discuss with Program Engineer - dispute. Dispute is resolved. Up to 30 days – 105.22 (d)

(a) Proj Eng

DRB agreement signed. 5 days – 105.23 (a) Dispute is unresolved. initiates DRB process 30 days – 105.23 (e)

Prehearing Submittal

10 days – 105.23 (i) DRB Hearing DRB renders a recommendation.

10 days – 105.23 (j)

Request for Clarification and Reconsideration 14 days – 105.23 (k) DRB recommendation is accepted.

Either party rejects DRB recommendation

Figure 105-1 continued on next page

105.24

Figure 105 – 1 continued

Either party rejects DRB Adjustment of payment/ schedule in consultation with Program Engineer - Dispute is resolved.

Notice of intent to file a claim

Contractor submits certified claim package w/RTD.

RTD renders a decision. Contractor accepts. Decision is implemented.

30 days – 105.24 (c

Contractor rejects and appeals Chief Engineer 60 days - 105.24 (d) RTD decision to CE. renders decision. 45 days 15 days 105.24 (d

(d Request for hearing

30 days – 105.24 (d)

Contractor rejectsCE decision. Contractor acceptsCE decision. Decision is implemented.

Optional Mediation

Dispute is unresolved. Dispute is resolved.

Resolution is implemented. Contractor initiates

De Novo Litigation

Litigation

Court Decision

106.02