Legal Relations And Responsibility To Public
107.01Laws to be Observed. The Contractor shall keep fully informed and comply with all
Federal, State and local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which may affect those engaged or employed on the work or affect the conduct of the work. The Contractor shall protect and indemnify the Department and its representatives against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order or decree, whether by the Contractor, the subcontractors, suppliers of materials or services, or their employees.
Failure to comply with all contractual obligations may lead to the suspension, debarment, or both of the Contractor as stipulated in the “Rules”.
107.02Permits, Licenses, and Taxes. The Contractor shall procure all permits and licenses,
pay all charges, fees, and applicable taxes, and give all notices necessary and incidental to the due and lawful prosecution of the Contract.
Before beginning work, the Contractor shall furnish the Engineer a written list of all permits required for the proper completion of the Contract. The list shall clearly identify the type of permit or permits that must be obtained before work on any particular phase or phases of work can be started. Copies of the fully executed permits shall be furnished to the Engineer upon request.
107.03Patented Devices, Materials, and Processes. If the Contractor employs any design,
device, material, or process covered by letters of patent or copyright, the Contractor shall provide for their use by suitable legal agreement with the patentee or owner. The Contractor and the Surety shall indemnify and save harmless the Department, any affected third party, or political sub- division from any and all claims for infringement resulting from the use of any patented design, device, material or process, or any trademark or copyright, and shall indemnify the Department for any costs, expenses, and damages that they may be obliged to pay by reason of any infringement, during the prosecution or after the completion of the Contract.
107.04Restoration of Surfaces Opened by Permit. An individual, firm, or corporation may be
issued a permit to construct or reconstruct a utility service. The Contractor shall allow permit holders to perform permitted work. The Contractor shall make necessary repairs resulting from this work, as directed. The repairs will be paid for as extra work per subsection 109.04.
The repairs will be subject to the same requirements as the original work performed.
107.05Federal Aid Provisions. When the United States Government participates in the cost of
a project, the Federal laws and the rules and regulations made pursuant to such laws must be observed by the Contractor, and the work shall be subject to the inspection of the appropriate Federal agency.
Such inspection shall not make the United States Government a party to the Contract and shall not interfere with the rights of the parties to the Contract.
107.06
107.06Safety, Health, and Sanitation and Performance of Safety Critical Work
Project Safety Manager shall prepare a written Project Safety Management Plan (Plan), which shall be specific to the project. The Plan shall include:
contact information, and competent persons for each construction activity as described below.
described below, and a hazard assessment for each.
training, or a combination thereof, shall be implemented to address the hazards identified in (2) above.
meetings (also known as Toolbox or Tailgate meetings) at the frequency specified in the Plan, which shall be at least once per week. The Contractor shall encourage participation by all persons working at the project site. Participants at these meetings shall discuss specific construction activities for that work period, results from safety inspections, required personal protective equipment, and all other necessary safety precautions.
Contractor shall conduct a project safety meeting to discuss the circumstances leading to the stand-down, and the measures that shall be taken to prevent a recurrence. The Contractor shall notify the Engineer of the time, date, and location of these meetings, shall require participation by all persons (including Department personnel and consultants) working at the project site, and shall track attendance through sign-up lists.
subcontractors that will be performing that subcontracted work. The Contractor shall remain responsible for the overall project Plan, and for incorporating portions prepared by subcontractors. Portions of the Plan prepared by subcontractors shall be as stringent as the Contractor’s overall Plan.
visitors to the project. In addition, the Plan shall specify the measures that will be taken to discourage unauthorized personnel from entering the site.
impairment.
regular project safety inspections at the frequency specified in the Plan, at least once per month. The Contractor shall notify the Engineer in advance of these inspections. Documentation of the inspections shall include the date of the inspection, the participants, the findings, and the corrective measures taken to address the findings. Within one week after these inspections, the Contractor shall provide a copy of the documentation to the Engineer and shall maintain a copy on the project site.
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follow in the case of a safety stand down. The procedures shall include immediately reporting the reason for safety standdown and reporting the results of the investigation and implementation procedures.
Protocols for requiring symptomatic individuals to stay away from the project site.
Protocols for identifying and protecting vulnerable individuals.
Protocols on reporting of potential and confirmed infections to project and CDOT staff.
Cleaning and sanitizing of devices and materials brought to the site for installation.
Cleaning and sanitizing practices for equipment, workspaces, and sanitation facilities both for everyday situations and for a situation where a worker is found to have been infected by the pandemic virus. Provisions and protocols for washing hands or other means of hand sanitizing.
The planned use of shift work to minimize interpersonal contact between crews.
Task specific protocols that ensure people minimize contact and maximize social distancing while performing particular jobs. For example, rules for laborers to follow when forced to work in close quarters like tying steel on a structure, or installing pipe in a trench, or other similar operations.
Protocols to ensure materials testers, inspectors and other project staff can perform their work while maintaining proper social distancing from contractor staff. This includes the exchange of necessary documents like load tickets, COC's, payroll information etc.
Meeting arrangements, including techniques for remote meetings, and maintaining 6 feet minimum spacing if face-to-face meetings are unavoidable, and when trying to verbally communicate around loud machinery and operations. Protocol and plan for enforcement on who may access Field office and Material testing trailers to ensure social distancing is maintained. Protocols to ensure staff maintain social distancing while taking breaks from work activities, including the use of temporary lodging on remote jobs.
Supplemental PPE to be used during the pandemic.
By authorized signature below, (Contractor name),hereinafter referred to as “the Contractor,” hereby certifies that this Project Safety Management Plan (Plan) complies with and meets applicable Federal, State, and local laws, rules, regulations and guidelines governing safety, health and sanitation, including but not limited to the Occupational Safety
107.06
and Health Act, 29 CFR 1910, 29 CFR 1926, 23 CFR 634, Mine Safety and Health Administration (MSHA), Title 30 CFR, the “Colorado Work Zone Best Practices Safety Guide”, CFR 49, national consensus standards, and the Drug-Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 et seq.), and subsection 107.06 of the Standard Specifications. All operations and work practices of the Contractor shall comply with this Plan. The Contractor requires that all subcontractors, suppliers, Department personnel, and consultants comply with this Plan.
_______________________________________________________ (Signature of Contractor’s Project Safety Manager or alternate)
_______________________________________________________ Title
_______________________________________________________ Date
Before the start of construction, the Contractor shall submit the Plan to the Engineer for the project records, and shall provide updates to the Plan as necessary, and as work conditions or personnel change. The Contractor shall review the Plan for sufficiency and accuracy at least once per twelve months of contract time. The Engineer will review the Plan for general compliance with subsection 107.06 and notify the Contractor in writing that the Plan has been received and addresses items 1 thru 13 above. An up-to-date copy of the Plan shall be on the project site in the Contractor’s possession at all times.
Federal, State, and local laws, rules, regulations, and guidelines governing safety, health and sanitation, including but not limited to the Plan, the Occupational Safety and Health Act, 29 CFR 1910, 29 CFR 1926, 23 CFR 634, Mine Safety and Health Administration (MSHA), Title 30 CFR, the “Colorado Work Zone Best Practices Safety Guide”, CFR 49, national consensus standards, and the Drug-Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 et seq.). The Contractor shall provide all safeguards, safety devices, and protective equipment, and shall take all other actions necessary to protect the life, safety, and health of persons working at or visiting the project site, and of the public and property in connection with the performance of the work covered by the Contract. In the case of conflicting requirements, the more stringent of the requirements shall apply. The Contractor shall require that all operations and work practices by Contractor, subcontractor, supplier, and Department personnel and consultants comply with the provisions of the Plan. The Contractor shall respond in writing to all safety issues raised by the Engineer.
107.06
All work vehicles and mobile equipment shall be equipped with one or more functioning warning lights mounted as high as practicable, which shall be capable of displaying in all directions one or more flashing, oscillating, or rotating lights for warning roadway traffic. The lights shall be amber in color. The warning lights shall be activated when the work vehicle or mobile equipment is operating within the roadway, the right of way, or both. All supplemental lights shall be Society of Automotive Engineers (SAE) Class 1 certified.
Project Safety Manager and an alternate, who shall be responsible for the coordination of safety activities, and preparation, certification, and implementation of the Plan.
one competent person for each of the construction activities being completed. A competent person is an individual who, by way of training, experience, or combination thereof, is knowledgeable of applicable standards, is capable of identifying existing and predictable workplace hazards relating to a specific construction activity, is designated by the employer, and has authority to take prompt, appropriate actions. Construction activities and safety considerations that must be addressed by the Plan and by designation of a competent person shall include, but are not limited to (if applicable to the project):
The appropriate competent persons shall be present on the project site at all times during the specific construction activities that require those competent persons.
following personal protective equipment (PPE) at all times when in the highway right of way, except when in their vehicles:
American National Standards Institute, Inc. (ANSI)/ International Safety Equipment Association (ISEA) 107 – 2004, and appropriate, sturdy footwear, all of which shall comply with the latest appropriate national consensus standards.
appropriate national consensus standards.
107.07
case of an accident (including property damage), or catastrophe (one or more persons hospitalized in a single incident), or other situation presenting an imminent danger to life or health, such as a near miss, violation of the Plan, or presence of a hazardous situation. In the case of a worksite fatality directly related to the Contractor’s or any subcontractor’s work operations, the safety stand-down shall be mandatory. In the case of a traffic fatality unrelated to a work-zone incident in the opinion of the Engineer, the safety stand-down will not be mandatory. During any mandatory safety stand-down due to a fatality, all work on the project shall cease, except that work deemed immediately necessary by the Engineer to make the project safe. The Contractor will be allowed to resume operations only after providing written documentation, certified by the Project Safety Manager or alternate, regarding the corrective actions taken to prevent recurrence.
Regulatory agency actions relating to safety to the Engineer.
grounds for withholding of progress payments, project suspension, or both.
compliance with all safety, health, and sanitation provisions and requirements will not be measured and paid for separately but shall be included in the work.
107.07Performance of Safety Critical Work. Consider the following work elements safety
critical work.
the plans.
temporary bridges.
walls, make overhead repairs; also, when construction materials are being lifted that may fall onto active traffic lanes.
The Engineer will specify the depth or proximity of the earthwork considered safety critical work.
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(10)Work operations such as pile driving and jack hammering which may create vibration and cause debris to fall onto traffic.
(11)Rockfall mitigation.
(12)Work within 50 feet of active railroad track centerline.
(13)Caissons and/or directional boring in high density utility corridor. This includes open holes for new drilled shafts within two existing shaft diameters of existing drilled shafts and structures.
construction.
The Contractor shall submit, for review, an initial, detailed construction plan that addresses safe construction methods for each of the safety critical elements applicable. The Engineer will submit bridge removal and girder erection plans to Engineer of Record and the corresponding CDOT Bridge Unit Leader for a concurrent review. The Engineer’s review will be for general conformance with the plans, specifications, best management practices regarding safety of the operation and industry standards. When the specifications already require an erection plan, a bridge removal plan, or a removal of portion of bridge plan, it shall be included as a part of this plan. Submit the detailed construction plan two weeks prior to the safety critical element conference described below.
The Contractor shall stamp and sign the construction plan “Approved for Construction”. The Engineer will review the construction plan for acceptance. CDOT review of this information shall not relieve the Contractor of liability. Certifications that are expired are invalid and not in compliance with this specification. The Construction Plan shall include the following:
working hour limitations.
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as:
Engineer in writing when it is safe to open a route to traffic after it has been closed for safety critical work.
specifications. Submit plan requirements that overlap with above requirements only once.
The Contractor shall hold a Safety Critical Element Conference two weeks prior to beginning construction on each safety critical element. The Engineer, the Contractor, the safety critical element subcontractors, and the Contractor’s Engineer shall attend the conference.
Required pre-erection conferences or bridge removal conferences may be included as a part of this conference. Communications staff (Contractor or CDOT) shall also attend in order to address any public/media needs.
After the safety critical element conference, and prior to beginning work on the safety critical element, the Contractor shall submit a final construction plan to the Engineer for record purposes only except for bridge removal and girder erection plans. Submit safety critical construction plans related to bridge removal and girder erection per the corresponding standard specification, 202-Removal of Bridge, 509-Structural Steel or 618- Prestressed Concrete as appropriate. The Contractor’s Engineer shall seal temporary works, such as falsework, shoring etc., related to construction plans for the safety critical elements, (3) Removal of Bridge, (4) Removal of Portion of Bridge and (5) Temporary Work. The Contractor shall stamp and sign the final construction plan “Approved for Construction”, if the elements Removal of Portion of Bridge and Temporary Works are safety critical work elements for this project.
107.08
The Contractor shall perform safety critical work only when the Engineer, or an authorized representative, is on the project site. The Contractor’s Engineer shall be onsite to inspect and provide written approval of safety critical work for which they provided signed and sealed construction details. Unless otherwise directed or approved, the Contractor’s Engineer need not be onsite during the actual performance of safety critical work but shall be present to conduct inspection for written approval of the safety critical work.
When ordered by the Engineer, the Contractor shall immediately stop safety critical work that is being performed in an unsafe manner or which will result in an unsafe situation for the traveling public. Prior to stopping work, the Contractor shall make the situation safe for work stoppage. The Contractor shall submit an acceptable plan to correct the unsafe process before the Engineer will authorize resumption of the work.
When ordered by the Engineer, the Contractor shall remove workers from the project that are performing the safety critical work in a manner that creates an unsafe situation for the public per subsection 108.06.
If an unplanned event occurs or the safety critical operation deviate from the submitted plan, the Contractor shall immediately cease operations on the safety critical element. Perform all necessary work to ensure worksite safety and provide proper protection of the work and the traveling public. If the Contractor intends to modify the submitted plan, he shall submit a revised plan to the Engineer prior to resuming operations.
All costs associated with the preparation and implementation of each safety critical element construction plan will not be measured and paid for separately but shall be included in the work.
The Contractor shall not be relieved from ultimate liability for unsafe or negligent acts or receive a waiver of the Colorado Governmental Immunity Act on behalf of the Department.
107.08Public Convenience and Safety. The Contractor shall conduct the work to minimize
obstruction to traffic. The safety and convenience of the general public and the residents along the highway and the protection of persons and property shall be provided for by the Contractor as specified under subsection 104.04.
107.09Railroad-Highway Provisions. If the Contract requires materials to be hauled across
railroad tracks, the Department will make arrangements with the railroad company for any new crossings required or for the use of any existing crossings. The Contractor shall make arrangements for the use of crossings not provided in the Contract.
Work performed by the Contractor on the railroad right of way shall be performed to avoid interference with the movement of trains or traffic on the railroad tracks. The Contractor shall use care and precaution in order to avoid accidents, damage, or unnecessary delay or interference with the railroad company’s trains or property.
107.10Construction Over and Adjacent to Navigable Waters. Work on navigable waters shall
be conducted to avoid interference with free navigation of the waterways and so the existing navigable depths will not be impaired except as allowed by permit issued by the U.S. Coast Guard or the U.S. Army Corps of Engineers, as applicable.
107.11
107.11Barricades and Signs. The Contractor shall provide, erect, and maintain barricades,
suitable and sufficient lights, pavement markings, signs, and other traffic control devices, and shall protect the work and safety of the public per the Contract. Highways closed to traffic shall be protected by barricades, and obstructions shall be illuminated during hours of darkness. Signs shall be provided to control and direct traffic.
The Contractor shall erect signs at locations where operations may interfere with the use of the road by traffic, and at all intermediate points where the new work crosses or coincides with an existing road, bike path, or sidewalk. Signs shall be constructed, erected, and maintained per the Contract.
Barricades, warning signs, lights, temporary signals, and other protective devices shall conform with the latest revision of the “Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways” published by the FHWA and adopted by the Department, the latest revision of the Colorado Supplement thereto, and the required traffic control plan.
107.12Use of Explosives. When explosives are utilized in the prosecution of the work, the
Contractor shall not endanger life, property, or new work. The Contractor shall be responsible for all damage resulting from the use of explosives.
The Contractor’s explosives shall be stored in a secure manner in compliance with laws and ordinances, and storage places shall be clearly marked. When electric blasting caps are used, stored or moved in the vicinity of the work, warning signs prohibiting the use of radio transmitters and mobile telephones shall be posted on all roads within 350 feet of the blasting operation.
The Contractor shall notify property owners and public utility companies having structures in the proximity of the work of the intention to use explosives. Notice shall be given sufficiently in advance to enable them to protect their property.
In advance of doing any blasting work involving the use of electric blasting caps within 200 feet of any railroad’s track or structures, the Contractor shall notify the proper authority of the railroad company as to the location, date, time and approximate duration of such blasting operations.
At the conclusion of each day of blasting, all spent surface blasting components shall be removed. At the conclusion of blasting and excavation work, the Contractor shall properly dispose of all spent blasting components. At the completion of final grading, the Contractor shall inspect the project and remove all exposed blasting components.
107.13Protection and Restoration of Property and Landscape. The Contractor shall
preserve private and public property and protect it from damage. Land monuments and property marks shall not be disturbed or moved until their location has been witnessed or referenced per Section 629 and their removal approved.
The Contractor shall be responsible for the damage or injury to property resulting from:
or non-execution of the work, or
107.14
The Contractor’s responsibility shall not be released until the work has been completed in compliance with the Contract. The Contractor shall restore damaged or injured property, at the Contractor’s expense, to a condition similar or equal to that existing before the damage or injury occurred, by repairing, rebuilding, or restoring the property. Existing trees, shrubs, bushes or grass, outside the designated work areas but inside project limits that are damaged due to the Contractor’s operations shall be replaced in kind at the Contractor’s expense.
107.14Forest Protection. The Contractor shall comply with all regulations of the State
Department of Natural Resources, the National Forest Supervisor, or other authority having jurisdiction, governing the protection of forests, and shall observe all sanitary laws and regulations with respect to the performance of work within or adjacent to state or National Forests. The Contractor shall keep the areas in an orderly condition, dispose of all refuse, obtain permits for the construction and maintenance of all construction camps, stores, warehouses, residences, latrines, cesspools, septic tanks, and other structures per the regulations and instructions issued by the Forest Supervisor. The Contractor shall take all reasonable precaution to prevent forest fires and shall make every possible effort to notify a forest official at the earliest possible moment of the location and extent of any fire seen by them. The Contractor, subcontractors, and their employees shall prevent and suppress forest fires and provide assistance in this effort as directed by forest officials.
107.15Interruption of Irrigation Water Flow. The Contractor shall arrange the work to avoid
interference with the flow of irrigation water. If it is impractical to install the structure during the time the ditches are not flowing, the Contractor shall make arrangements with the ditch owners regarding temporary interruption of flow or temporary diversion of water. This will require construction of new ditches with appurtenant structures before old ditches or canals are altered. The Contractor shall provide any temporary ditches, canals or structures necessary for the uninterrupted flow of irrigation water. Temporary construction and removal shall be at the expense of the Contractor.
107.16Responsibility for Damage Claims, Insurance Types and Coverage Limits. The
Contractor shall indemnify and save harmless the Department, its officers, and employees, from suits, actions, or claims of any type or character brought because of any and all injuries or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or failure to comply with the provisions of the Contract; or on account of or in consequence of neglect of the Contractor in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of the Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright, unless the design, device, material or process involved is specifically required by the Contract; or from any claims or amounts arising or recovered under the Worker’s Compensation Act, or other law, ordinance, order, or decree. The Department may retain as much of any moneys due the Contractor under any Contract as may be determined by the Department to be in the public interest.
insurance in the following kinds and amounts:
Insurance covering all of Contractor’s employees acting within the course and scope of their employment.
107.16
10/93 or equivalent, covering premises operations, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows:
year following final acceptance of work. If any aggregate limit is reduced below $1,000,000 because of claims made or paid, the Contractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish to CDOT a certificate or other document satisfactory to CDOT showing compliance with this provision.
owned autos) with a minimum limit as follows: $1,000,000 each accident combined single limit.
$1,000,000 Each Claim and $1,000,000 Annual Aggregate for both the Contractor or any subcontractors when:
submittals, including but not limited to:
Professional Liability Insurance as outlined above for a minimum of one year following final acceptance of work.
shall become primary (drop down) in the event the primary Liability Policy limits are impaired or exhausted. The Policy shall be written on an Occurrence Form and shall be following form of the primary. The following form Excess Liability shall include CDOT as an additional insured.
Automobile Liability Insurance policies. Completed operations additional insured coverage shall be on endorsements CG 2010 11/85, CG 2037, or equivalent. Coverage required of the Contract will be primary over any insurance or self-insurance program carried by the State of Colorado.
107.17
without at least 30 days’ prior notice to Contractor. The Contractor shall forward to the Engineer any such notice received within seven days of the Contractor’s receipt of such notice.
secured and maintained by the Contractor to include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise, against CDOT, its agencies, institutions, organizations, officers, agents, employees and volunteers.
insurance companies satisfactory to CDOT.
contract to CDOT before execution of the contract. No later than 15 days before the expiration date of any such coverage, the Contractor shall deliver CDOT certificates of insurance evidencing renewals thereof. At any time during the term of this Contract, CDOT may request in writing, and the Contractor shall thereupon within 10 days supply to CDOT, evidence satisfactory to CDOT of compliance with the provisions of this section.
meaning of the Colorado Governmental Immunity Act CRS 24-10-101, et seq., as amended (“Act”), the Contractor shall at all times during the term of this Contract maintain only such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Act. Upon request by CDOT, the Contractor shall show proof of such insurance satisfactory to CDOT. Public entity Contractors are not required to name CDOT as an Additional Insured.
minimum limits of this coverage may be different than those required, as stated above, for the Contractor, except for the Commercial General Liability Additional Insured endorsement and those that qualify as needing Professional Liability Insurance.
107.17Opening Sections of Project to Traffic. Opening certain sections of the work for traffic
use shall not constitute acceptance of the work or provide a waiver of any provision of the Contract.
The Contract will designate the sections to be opened and specify the method of compensation for signing and traffic control. The Contractor shall maintain the roadway in a condition equal to or better than the condition of the roadway when it was initially opened to traffic. Where applicable, the Contract may specify the time or date that certain portions of the work shall be completed to provide for the accommodation of traffic.
The Engineer may order certain portions of the work opened for traffic, other than specified in the Contract. If the Engineer has not ordered the roadway opened because of unnecessary delay by the Contractor, and if no damage occurs other than that can be attributed to traffic, the Contractor will be relieved of all responsibility for maintenance of traffic control devices and damage due to traffic. Any expense resulting from opening such sections shall be borne by the Department or the Contractor will be compensated for the added expense per subsection
109.04. If the opening causes changed working conditions or delays the completion of other
items of work on the project, compensation for the added expense and recommendations for additional time will be set forth by a Contract Modification Order.
107.18
If the Contractor is dilatory in completing the work, the Engineer may order all or a portion of the project to be opened to traffic. In such event, the Contractor will not be relieved of the liability and responsibility during the period the work is so opened before final acceptance. The Contractor shall conduct the remainder of the construction operations to cause the least obstruction to or interference with traffic. Damage attributed to traffic shall be paid for at the Contractor’s expense.
Damages not attributable to traffic that might occur on sections opened to traffic shall be repaired at the Contractor’s expense. The removal of slides that are not caused by the Contractor’s operations shall be done by the Contractor on a basis agreed to before the slide removal.
107.18Contractor’s Responsibility for Work. The Contractor shall be responsible for and
protect the contract work against injury or damage from all causes whether arising from the execution or nonexecution of the work, including but not limited to action of the elements, traffic, fire, theft, vandalism, or third party negligence, until final written acceptance of the project by the Engineer. The Contractor shall rebuild, repair, restore, or replace all contract work that is injured or damaged before final written acceptance at no cost to the Department. The Engineer may, in writing, relieve the Contractor of expenses for damage to certain portions of the contract work caused by traffic or the action of the elements. The following conditions must be met before the Engineer will consider any relief:
of the Contract except for seeding, mulching, landscape items, final clean-up, and bridge painting or structural coating.
Portions of contract work that may be considered are described below:
divided highway.
traffic from such items as: bridge railing and median barrier ends, piers, and abutments.
Loss, injury, or damage to the contract work due to unforeseeable causes beyond the control of the Contractor, including but not limited to acts of God, such as earthquake, flood, tornado, high winds, or other cataclysmic phenomenon of nature, or acts of the public enemy or of governmental authorities, shall be restored by the Contractor under the provisions of subsection 104.02 or 104.03, as applicable. During periods that work is suspended, the Contractor shall be responsible for the work under the Contract and shall prevent damage to the project, provide for drainage, and shall erect necessary temporary structures, signs, or other facilities required to maintain the project. During the suspension period, the Contractor shall maintain in a growing condition all newly established plantings, seedings, and soddings furnished under the Contract, and shall protect new tree growth and other vegetative growth against injury.
107.19
107.19Furnishing Right of Way. The Department will be responsible for the securing of all
necessary rights of way in advance of construction. Any exceptions will be indicated in the Contract.
107.20Personal Liability of Public Employees. The Engineer or authorized representatives
are acting solely as agents and representatives of the Department when carrying out and exercising the power or authority granted to them under the Contract. There shall not be any liability on them either personally or as employees of the Department.
107.21No Waiver of Legal Rights. Upon completion of the Contract, the Department will
make final inspection and notify the Contractor of acceptance. Final acceptance shall not preclude the Department from correcting any measurement, estimate, or certificate made before or after completion of the Contract, nor from recovering from the Contractor or surety or both, overpayments sustained because the Contractor failed to fulfill the obligations under the Contract. A waiver on the part of the Department of any breach of any part of the Contract shall not be held to be a waiver of any other or subsequent breach. The Contractor without prejudice to the terms of the Contract, shall be liable to the Department, for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the Department’s rights under any warranty or guaranty.
107.22Third Party Beneficiary. It is specifically agreed between the parties executing this
Contract that it is not intended by any of the provisions of any part of the Contract to create in the public or any member thereof a third party beneficiary hereunder, or to authorize any one not a party to this Contract to maintain a suit for personal injuries or property damage
pursuant to the terms or provisions of this Contract. The duties, obligations and responsibilities of the parties to this Contract with respect to third parties shall remain as imposed by law.
107.23Archaeological and Paleontological Discoveries. When the Contractor’s operations,
including materials pits and quarries, encounter plant or animal fossils, remains of prehistoric or historic structures, prehistoric or historic artifacts (bottle dumps, charcoal from subsurface hearths, old pottery, potsherds, stone tools, arrowheads, etc.), the Contractor’s affected operations shall immediately cease. The Contractor shall immediately notify the Engineer, or other appropriate agency for contractor source pits or quarries, of the discovery of these materials. When ordered to proceed, the Contractor shall conduct affected operations as directed. Additional work, except that in contractor source materials pits or quarries under subsection 106.02(b), will be paid for by the Department as provided in subsection 104.02 when contract unit prices exist, or as extra work as provided in subsection 104.03 when no unit prices exist. Delays to the Contractor, not associated with work in contractor sources, because of the materials encountered may be cause for extension of contract time per subsection 108.08. If fossils, prehistoric or historic structures, or prehistoric or historic artifacts are encountered in a contractor source materials pit or quarry, all costs and time delays shall be the responsibility of the Contractor.
107.24Air Quality Control. The Contractor shall comply with the “Colorado Air Quality Control
Act,” Title 25, Article 7, CRS and regulations promulgated thereunder.
107.25Water Quality Control. The project work shall be performed using practices that
minimize water pollution during construction. All the practices listed in (b) below shall be
107.25
followed to minimize the pollution of any state waters, including wetlands.
cover or topography, including vegetative and non-vegetative activities during construction.
the Stormwater Construction Permit.
waters or other conveyances.
the Plans.
sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, radioactive material, heat, wrecked or discarded equipment, rock, sand, or any industrial, municipal, or agricultural waste, as defined in the Colorado Code of Regulations (CCR) [5 CCR 1002-61, 2(76)]
biological, and radiological integrity of water. [25‑8‑103 (16), CRS]
implementation of the construction plans and specifications. This is the party with ownership of, a long-term lease of, or easements on the property where the construction activity is occurring (CDOT).
project site that are necessary to ensure compliance with the permit. This party is authorized to direct individuals at a site to carry out activities required by the permit (the general contractor).
article 8, CRS), the “Protection of Fishing Streams” (Title 33, Article 5, CRS), the “Clean Water Act” (33 USC 1344), regulations promulgated, certifications or permits issued, and to the requirements listed below. In the event of conflicts between these requirements and water quality control laws, rules, or regulations of other Federal, or State agencies, the more restrictive laws, rules, or regulations shall apply.
permitted activities or LDA, the Contractor shall detail the changes in a written report to the Engineer. Within five days after receipt of the report, the Engineer, after coordination with Region Planning and Environmental Manager (RPEM), will approve or reject in writing the request for change, or detail a course of action including revision of existing permits or obtaining new permits.
project will be suspended and the permitting agency notified, if required. The project will remain suspended until the Engineer receives written approval by the permitting agency.
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The Contractor is legally required to obtain all permits associated with specific activities within, or off the right of way, such as borrow pits, concrete or asphalt plant sites, waste disposal sites, or other facilities. It is the Contractor’s responsibility to obtain these permits. The Contractor shall consult with the Engineer and contact the Colorado Department of Public Health and Environment (CDPHE) or other appropriate federal, state, or local agency to determine the need for any permit.
adjacent state waters. Erosion control work shall be performed per Section 208, this subsection, and all other applicable parts of the Contract.
identified in subsection 208.03(c), shall identify and describe all potential pollutant sources, including materials and activities, and evaluate them for the potential to contribute pollutants to stormwater discharges associated with construction activities. The list of potential pollutants shall be continuously updated during construction. At a minimum, each of the following shall be evaluated for the potential for contributing pollutants to stormwater discharges and identified in the SWMP, if found to have such potential:
etc.
associated fixtures and equipment.
portable toilets.
The SWMP Administrator shall record the location of potential pollutants on the site map. Descriptions of the potential pollutants shall be added to the SWMP. At or before the Environmental Pre-construction Conference the Contractor shall submit a Spill Response Plan for any petroleum products, chemicals, solvents, or other hazardous materials in use, or in storage, at the work site. See subsection 208.06(c) for Spill Response Plan requirements. Work shall not be started until the plan has been submitted to and approved by the Engineer. On-site above ground bulk storage containers with a cumulative storage shell capacity greater than 1,320 U.S. gallons, or storage containers having a “reasonable expectation of an oil discharge” to state waters, are subject to the Spill Prevention, Control and Countermeasure Plan (SPCC) Rule. Oil of any type and in any form is
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covered, including, but not limited to petroleum; fuel oil; sludge; oil refuse; oil mixed with wastes other than dredged spoil. EPA Region 8 is responsible for administering and enforcing the SPCC plan requirements in Colorado. Before start of work, the Contractor shall submit an SPCC Form that has been approved by the EPA for the project.
anytime uncontaminated groundwater, including groundwater that is commingled with stormwater or surface water, is encountered during construction activities and the groundwater or commingled water needs to be discharged to state waters. If contaminated groundwater is encountered, a Remediation permit may be needed from CDPHE per Section 250.
unless allowed by a permit. Water from dewatering shall not be discharged into a ditch unless:
submitted to the Engineer before dewatering operations commencing.
Construction Dewatering may be discharged to the ground on projects where CDPHE’s Low Risk Guidance Document for Discharges of Uncontaminated Groundwater to Land are met. The conditions of this guidance are:
uncontaminated groundwater combined with stormwater and does not contain pollutants in concentrations that exceed water quality standards for groundwater referenced above.
sources of contamination include process materials used, stored, or conveyed in the structures or introduced surface water runoff from outside environments that may contain oil, grease, and corrosives.
construction is occurring.
into state waters or other drainage conveyance systems, including but not limited to streets, curb and gutter, inlets, borrow ditches, open channels, etc.
groundwater on the surface, unless the ponding is a result of implementing control measures that are designed to reduce velocity flow. If the control measures used result in ponding, the land application shall be done in an area with a constructed containment, such as an excavation or berm area with no outfall. The constructed containment shall prevent the discharge of the ponding water offsite as runoff.
application from being transported by stormwater runoff to surface waters or other conveyances.
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according to good engineering, hydrologic, and pollution control practices. The selected control measures shall provide control for all potential pollutant sources associated with the discharge of uncontaminated groundwater to land. The discharge shall be routed in such a way that it will not cause erosion to land surface. Energy dissipation devices designed to protect downstream areas from erosion by reducing the velocity of flow (such as hose attachments, sediment and erosion controls) shall be used when necessary to prevent erosion. All dewatering operations shall be recorded in the SWMP as follows:
stormwater pollution from the dewatering of groundwater or stormwater.
groundwater from construction dewatering is discharged from the LOC as surface runoff or to surface waters or storm sewers.
concentrations exceeding the State groundwater standards in Regulations 5 CCR 1002-41 and 42. If surface waters are diverted around a construction area and no pollutants are introduced during the diversion, a CDW Permit is not required. If the diverted water enters the construction area and contacts pollutant sources (e.g., disturbed soil, concrete washout, etc.), the Contractor shall obtain a CDW permit for the discharge of this water to state waters or to the ground.
Contractor shall provide written notification to owners or operators of domestic or public water supply intakes or diversion facilities, if these facilities are within 20 miles downstream from the dredging or fill operations. Notification shall also be given to Owners or operators of other intakes or diversions that are located within five miles downstream from the site of the project. Identities of downstream owners and operators can be obtained from Colorado Division of Water Resources, Office of the State Engineer.
Contract and permits. If such work is allowed, upon completion of the work all temporary fills shall be removed in their entirety and disposed of in an upland location outside of flood plains unless otherwise specified in the Contract.
including wetlands, shall be restricted to areas and activities authorized by the U.S. Army Corps of Engineers as shown in the Contract. Fording waters will be allowed only as authorized by the U.S. Army Corps of Engineers 404 Permit.
parking, waste disposal, access, borrow material, or any other construction support activity.
pollutants removed in the course of treatment of wastewater, excavation or excess fill material, and material from sediment traps shall be handled, stockpiled, and disposed of in a manner that prevents entry into state waters, including wetlands. Removal of concrete waste and washout water from mixer trucks, concrete finishing tools, concrete saw, and all concrete material removed in the course of construction operations or cleaning shall be performed in a manner that prevents waste material from entering state waters and shall not leave the site as surface runoff. A minimum of 10 days before the start of the construction activity, the Contractor shall submit in writing a Method Statement for Containing Pollutant Byproducts to the Engineer for approval.
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The use of chemicals such as soil stabilizers, dust palliatives, herbicides, growth inhibitors, fertilizers, deicing salts, etc., shall be per the manufacturer’s recommended application rates, frequency, and instructions.
containers, with the original manufacturer’s label. Materials shall not be stored in a location where they may be carried into state waters at any time.
at storage, and equipment fueling and servicing areas to prevent the pollution of any state waters, including wetlands. All spills shall be cleaned up immediately after discovery or contained until appropriate cleanup methods can be employed. Manufacturer’s recommended methods for spill cleanup shall be followed, along with proper disposal methods. When required by the Colorado Water Quality Control Act, Regulation 5 CCR 1002-61, spills shall be reported to the Engineer and CDPHE in writing.
to, water rights, and treaty fishing and hunting rights.
construction equipment has been cleaned before initial site arrival. Vehicles and equipment shall be free of soil and debris capable of transporting noxious weed seeds or invasive species onto the site. Additional equipment required for construction shall also be certified before being brought onto the project site.
on site may be cleaned on site at an approved area where wash water can be properly contained. Vehicles leaving and reentering the project site shall be recertified.
appropriate containers.
disposed of in appropriate containers. This material may be stockpiled on the project when it is contained or protected by an appropriate control measure.
stormwater associated with construction activity and specified non-stormwater associated with construction activity to state waters.
sand, and gravel dedicated to providing material to a single contiguous site, or within 1/4 mile of a construction site (i.e., borrow or fill areas).
and masonry mixing stations. (Coverage under the CDPS-SCP is not required if alternative coverage has been obtained.)
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measures:
disturbance.
concrete tools and concrete mixer chutes. Discharges of concrete washout water shall not leave the site as surface runoff or reach receiving waters.
Discharges authorized by the CDPS-SCP shall not cause, have the reasonable potential to cause, or measurably contribute to an exceedance of any applicable water quality standard, including narrative standards for water quality.
All construction site wastes shall be properly managed to prevent potential pollution of state waters. The CDPS-SCP does not authorize on-site waste disposal.
Construction Permit (CDPS-SCP) will be obtained from CDPHE by CDOT. The Contractor and CDOT will be co-permittees. The Contractor shall coordinate with CDOT to become the Operator permittee of the respective permit upon award of the Contract. The Contractor shall provide a copy of permit certification as the Operator to the Engineer before or at the Pre-construction Conference. No work shall begin until the CDPS-SCP permit with Owner and Operator has been approved by CDPHE. A copy of the permit shall be placed in the project SWMP. The Contractor is legally required to obtain all other permits associated with specific activities within or outside of the right of way, such as borrow pits, concrete or asphalt plant sites, waste disposal sites, or other facilities. Staging areas within a quarter mile, but not within CDOT right of way shall be considered a common plan of development and permits for these facilities require permitting in the Contractor’s name as Owner and Operator. These permits include local agency, federal, or other stormwater permits. The Contractor shall consult with the Engineer and contact the CDPHE or other appropriate federal, state, or local agency to determine the need for any permit. When a Utility Company has obtained a CDPS-SCP within a CDOT project area, before the Contractor being on-site, the Contractor shall coordinate with the Engineer and the Utility Company to transfer or reassign the permit area within the project’s Limits of Construction to the Contractor and CDOT before work commencing. The Contractor shall not commence construction until CDPHE issues a new CDPS-SCP identifying the Contractor as the Operator, and the permit is put in the SWMP. To initiate acceptance of the stormwater construction work (including seeding and planting required for erosion control), the Contractor shall request in writing a Stormwater Completion Walkthrough. The Engineer will set up the walkthrough. It will include the Engineer or designated representative, Superintendent or designated representative, Stormwater Management Plan (SWMP) Administrator, Region Water Pollution Control Manager (RWPCM), Landscape Architect, and a Regional Maintenance representative. Unsatisfactory and incomplete stormwater and sediment/erosion control work will be identified in this walkthrough and will be summarized by the Engineer in a punch list.
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The completed action items associated with the corrective work will be shown as completed on the punch list. Upon completion of all items shown, the Contractor shall notify the Engineer. Upon written agreement that the punch list is completed from the Engineer, the Contractor shall submit the appropriate form to the CDPHE such that CDOT Maintenance becomes the Operator permittee of the CDPS-SCP. Until the transfer of the permit has been approved by the CDPHE, the Contractor shall continue to adhere to all permit requirements. Requirements shall include erosion control inspections, control measure installation, control measure maintenance, control measure repair including seeded areas, and temporary control measure removal. All documentation shall be submitted to the Engineer and placed in the SWMP. All costs associated with the Contractor applying for, holding, and transferring the CDPS- SCP permit between parties will not be measured and paid for separately, but shall be included in the work per subsection 107.02.
control for dewatering, and disposal of water resulting from dewatering operations, including all costs for CDPHE concurrences and permits, will not be measured and paid for separately, but shall be included in the work.
the Department caused by the Contractor’s noncompliance with any water quality permit or certification. Monetary fines shall be deducted from any money due to the Contractor. If the monetary fine is in excess of all the money due to the Contractor, then the Contractor shall pay to the Department the amount of such excess.
disruption of work or loss of time caused by any actions brought against the Contractor for failure to comply with good Engineering, hydrologic and pollution control practices.
cleanup of such spill shall be performed by the Contractor at the Contractor’s expense.
stabilized per Section 208 by the Contractor and at the Contractor’s expense.
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