2018 Slurry Seal Project Manual

Transcription

1 2018 Slurry Seal Project Manual April 2018 Set

2 TABLE OF CONTENTS NOTICE AND CALL FOR BID BID FORM BID BOND DIVISION 1: INSTRUCTIONS TO BIDDERS 101 Contract Documents 102 Definitions 103 Proposals 104 Contract Security 105 Qualifications of Bidders 106 Withdrawal of Bid 107 Interpretation of Drawings and Documents 108 Substitution for Patented and Specified Articles 109 Bids to Remain Open 110 Award of Contract 110 Agreement 112 Preference for Resident Contractors 113 Other Issues DIVISION 2: GENERAL CONDITIONS 201 Definitions 202 Preliminary Matters 203 Correlation, Interpretation and Intent of Contract Documents 204 Availability of Lands Physical Conditions - Reference Points 205 Bonds and Insurance 206 Contractor's Responsibilities 207 Work by Others 208 Owner's Responsibilities 209 Engineer's Status During Construction 210 Changes in the Work 211 Change of Contract Price 212 Change of the Contract Time 213 Warranty and Guarantee; Tests and Inspections, Correction, Removal or Acceptance of Defective Work 214 Payments and Completion 215 Suspension of Work and Termination 216 Miscellaneous DIVISION 3: SUPPLEMENTAL CONDITIONS 301 Insurance TOC-1

3 302 Bonds 303 Changes to General Conditions 304 Emergency Termination of Contract 305 Temporary Suspension of Work 306 Arbitration Revoked 307 Contractor to Check Plans and Schedules 308 Authority of Inspectors 309 Right to Inspect 310 Pre-Construction Conference 311 Surveys, Lines and Grades 312 Construction Schedule 313 Figured Dimensions to Govern 314 Archaeological and Historical Finds 315 Utility Locates 316 Existing Utilities 317 Facility Maintenance 318 Work Hours 319 Staging Area 320 Mobilization 321 Traffic Control 322 Record Drawings 323 Cleaning Up 324 Substitutions 325 Utilities 326 Quantities and Variation of Bid Quantities 327 Restocking Fees 328 Material Testing 329 Material and Equipment Storage 330 Responsibility Regarding Existing Utilities and Structures 331 Working with Asbestos Cement (AC) Pipe Basic Protocol 332 Coordinate with City of Green River Utility Division 333 Acknowledgement of Daily Reports and Agreed Pay Item Quantities 334 Discharge Authorization for Storm Water from Large Construction 335 Construction Delays/Work Stoppage Due to Weather 336 Force Account 337 Progress Payments 338 Retainage DIVISION 4. GENERAL SPECIFICATIONS 401 Scope of the Work 402 Testing 403 Work Hours 404 Staging Area 405 Performance Specifications for Emulsified Asphalt Slurry Seal 406 Mobilization 407 Traffic Control TOC-2

4 APPENDICES Agreement Notice of Award Construction Payment Bond Construction Performance Bond Notice to Proceed Change Order Certificate of Substantial Completion Punch List Certificate of Final Acceptance Location Map Garbage Collection Route Reference TOC-3

5 NOTICE AND CALL FOR BID NOTICE IS HEREBY GIVEN that sealed bids will be received at the Multi-Use Room in City Hall, 50 East 2nd North in Green River, Wyoming, until 3 pm local time on May 17, 2018; at which time and place all bids in hand will be publicly opened and read. Specifications are on file and may be obtained free of charge from the office of the Finance Department. At City Hall, 40 East 2 nd North, Green River, Wyoming Specifications are also available at No bid shall be awarded by the City until such time as the City has had sufficient time to study all bids to see that said bid will meet the standards as set out in the specifications. All bids shall be accompanied by a Bid Bond in the amount of five (5) percent of the amount of bid. No checks will be accepted. Bid Bond must be issued in the name of the bidder. Successful bidder shall be required to provide Performance and Payment Bonds each in the total amount of the bid. Pursuant to W.S , "preference is hereby given to materials, supplies, agricultural products, equipment, machinery and provisions produced, manufactured or grown in Wyoming, or supplied by a resident of the state, quality being equal to articles offered by the competitors outside of the state". Preference shall be given to Wyoming resident contractors as defined by Wyoming Statutes, Section , in accordance with the provisions of Section , and in accordance with the provisions of Section with respect to limitations on nonresident subcontractors by a successful resident bidder. Proof of Wyoming Department of Employment certification of residency status, if applicable, must accompany the bid. All bids shall be subject to the Wyoming Preference Act of 1971, Wyoming Statutes, Section , et seq, regarding the employment of Wyoming laborers. The Green River Governing Body hereby reserves the right to reject any and all bids and to waive irregularities or informalities in the bids. Dated this 24th day of April, 2018 /s/ Chris Meats City Clerk Publish: April 25 & May 2, 2018

6 BID FORM CITY OF GREEN RIVER, WYOMING Bid of (Name of Bidder) (Street Address) (City) (State) (Zip) doing business as * hereinafter called "Bidder", organized and existing under the laws of the State of to the City of Green River hereinafter called "OWNER". In compliance with the INVITATION TO BID, BIDDER hereby proposes to perform all work for construction of in strict accordance with the CONTRACT DOCUMENTS within the time set forth herein, and at the prices stated below. By the submission of this BID, each BIDDER certifies, and in the case of a joint BID, each party thereto certifies as to his own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID, with any other BIDDER or with any competitor. Proof of Wyoming Department of Employment Certification of Residency status, if applicable, must accompany the BID. BIDDER hereby agrees to commence work under this contract on or before a date to be specified in the NOTICE TO PROCEED and to fully complete the PROJECT within 45 consecutive calendar days thereafter. BIDDER further agrees to pay as liquidated damages the sum of $ for each consecutive calendar day thereafter. BIDDER acknowledges receipt of the following ADDENDUM: * Insert Individual, Partnership, or Corporation The City of Green River reserves the right to reject any or all Bids. Bids shall include all sales tax and all other applicable taxes, licenses, royalty fees and other fees. By submission of this bid, the bidder acknowledges that he is familiar with the location of the work and the work requirements to complete the project. In the event of conflict, the Bid in written form will govern.

7 BID SCHEDULE Unit Bid Item Quantity/ Price Figures No. Description Unit & Written Form Extension 1. Mobilization Lump Sum ($ ) $ 2. Traffic Control Lump Sum ($ ) $ 3. Type III Slurry 93,822 Seal square yards ($ /sq yd) $ TOTAL ALL ITEMS TOTAL ALL ITEMS, IN WRITTEN FORM: $

8 The undersigned has examined the location of the proposed work and is familiar with the plans and specifications and all Contract Documents related thereto, and the local conditions at the place where the work is to be done. The undersigned BIDDER understands and agrees that the estimated quantities submitted herewith are approximate only and that the basis of payment will be actual quantities installed and accepted in the completed work at the unit prices stated in the BID SCHEDULE. The undersigned BIDDER agrees that the OWNER has the right to hold all bids received for a period of sixty (60) days after the date of opening thereof. The undersigned BIDDER agrees that the OWNER reserves the right to waive irregularities and reject any and all bids. Name of Company, Corporation, Partnership Bidder - Signature Address Date (Seal, if bid is by a Corporation) Attest Title Date

9 CONTRACTOR CERTIFICATION TO BE SUBMITTED WITH THE BID By the submission of this BID, each BIDDER certifies that: 1. BIDDER has sufficient financial resources available to complete the PROJECT in strict accordance with the CONTRACT DOCUMENTS; 2. BIDDER has the following equipment and manpower available for this project and shall dedicate the indicated resources in the performance of the work at all times and for the duration of the PROJECT (insert additional sheets as necessary). 3. Information provided on this certificate will be used in the evaluation of the BIDS.

10 LIST OF SUBCONTRACTORS TO BE SUBMITTED WITH THE BID Following is a list of Subcontractors Bidder proposes to utilize on the Project and a list of Work each Subcontractor will perform. This information will be used in the evaluation of the BID. Subcontractor Name: Address: Work Performed: Subcontractor Name: Address: Work Performed: Subcontractor Name: Address: Work Performed: Subcontractor Name: Address: Work Performed:

11 PREVIOUS PROJECTS TO BE SUBMITTED WITH THE BID 1 Project Name Owner Contact Person Award Date Original Contract Amount Final Contract Price Contract Completion Date

12 BID BOND KNOW ALL MEN BY THESE PRESENTS: that Name of Contractor Address of Contractor hereinafter called Principal, and (Name and Address of Surety) hereinafter called Surety, are held and firmly bound unto Name of Owner City of Green River, Wyoming Address of Owner 50 East 2 nd North, Green River, Wyoming, hereinafter called OWNER, in the penal sum of Dollars, ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has submitted a bid for: 2018 Slurry Seal Project. NOW, THEREFORE, if the OWNER shall accept the bid of the Principal and the Principal shall enter into a Contract with the OWNER in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the OWNER the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the OWNER may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. BidB-1

13 IN WITNESS WHEREOF, this instrument is executed in this, the day of, ATTEST: Principal Secretary (Principal) (LS) By (SEAL) Address Witness as to Principal Address ATTEST: Surety By Attorney-in-fact Witness as to Surety Address Address Wyoming Licensed Agent IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Wyoming. BidB-2

14 DIVISION 1 INSTRUCTIONS TO BIDDERS

15 101 CONTRACT DOCUMENTS INSTRUCTIONS TO BIDDERS The following are part and parcel of the contract and whenever the word "Contract" appears herein, the same shall be held to include all of these items: 102 DEFINITIONS Notice and Call for Bid Bid Form Instructions to Bidders General Conditions Supplemental Conditions General Specifications Appendices Agreement Notice of Award Construction Payment Bond Construction Performance Bond Notice to Proceed Change Order Pay Estimate Form Certificate of Substantial Completion Punch List Certificate of Final Acceptance Location Map Garbage Collection Route Days Whenever the word "Owner" is used in the contract, it shall mean the City of Green River, Wyoming. Whenever the word "Bidder" is used, it shall mean each or any of the persons, partnerships, or corporations submitting proposals for the performance of the work covered by the submitted proposal. Whenever the word "Contractor" is used herein, it shall mean the person, firm or corporation entering into the contract for the performance of the work covered by these specifications. Whenever the term "Engineer" is used, it shall mean the City Engineer, or his authorized representative. 103 PROPOSALS Bids shall be made upon the form(s) furnished herein with all items filled out. Numerals shall be typewritten or written in ink, and the signature of all persons signing shall be in ink in longhand. The completed form should be without interlineations, alterations or erasures. If the Bidder is a 1-1

16 corporation, the corporate seal must also be provided Bids shall not contain any recapitulation of the work to be done, and alternative proposals will not be considered unless called for. No oral, electronic, telephonic, or telegraphic proposals or modifications will be considered Unit prices for various Bid Items must be the same for all schedules. Example 8 pipe for all schedules must be the same per unit. All Bid Schedules are to be Bid Before submitting a Bid, Bidders shall carefully read the specifications, the form and the terms of the Contract, shall visit the site of the work, and shall fully inform themselves as to all existing conditions and limitations, and shall include in the Bid a sum to cover the cost of all items included in the contract. Making a Bid creates a conclusive presumption that these things have been done All Bids must be sealed, addressed to, and deposited with the Owner on or before the day and hour set for opening the Bids as set forth in the advertised "Notice and Call for Bid". If the proposal is delivered by mail, or other delivery service, the proposal is to be placed in a sealed envelope clearly marked on the outside with the name of the project, date of proposal opening, time of opening and the name of the Bidder. This envelope is to be placed inside of the envelope transporting the proposal. The Bids must be endorsed on the outside with the title of the work and the name of the Bidder. 104 CONTRACT SECURITY All bids shall be accompanied by a Bid Bond in the amount of five (5) percent of the amount of bid. No checks will be accepted. Bid Bond must be issued in the name of the bidder, not a manufacturer. Successful bidder shall be required to provide Performance and Payments Bonds each in the total amount of the bid. 105 QUALIFICATIONS OF BIDDERS A statement of the Bidder's qualifications shall be submitted with his Bid Information provided shall address: A. Total resources including manpower and equipment and associated hourly rates for equipment with an operator. B. Resources committed to other projects which would not be available under this Contract. 1-2

17 C. Financial statement indicating ability to meet requirements of other Sections of this Contract. D. Experience on other projects of this character. E. Other information which Bidder believes will assist in evaluating Bidder's qualifications. F. Contractor must submit hourly rate for all employees performing work. Hourly rates for all Contractor-owned equipment are to be submitted with the Bid Bidder shall submit with his Bid similar information on any Subcontractor slated to perform work in excess of 30% of the total amount Bid (reference General Conditions, Section Concerning Subcontractors) As part of the evaluation process of Bidders, in accordance with Wyoming Statute , it is required that the Bidder list his last five projects worked on; include the project owner, the date the contract was awarded, the amount of the initial contract, the final contract price, contract completion date, and a contact person at each project. This information will be used to evaluate the Bidders and will enter into the selection process to determine to whom the Contract will be awarded. 106 WITHDRAWAL OF BID Bids may be withdrawn by the Bidder prior to the time set for the opening of Bids. No Bid may be withdrawn after the opening of the Bids. 107 INTERPRETATION OF DRAWINGS AND DOCUMENTS Should a Bidder find discrepancies in or omission from the drawings or specifications or should he be in doubt as to their meaning, he shall at once notify the Engineer; if the point in question is not clearly and fully set forth, a written addendum will be mailed or delivered to each person with a set of Contract Documents as provided for in the "Notice and Call for Bid". Each person requesting an interpretation will be responsible for the delivery of his request to the Engineer. The owner will not be bound by nor be responsible for any other explanation or interpretation of the proposed documents than those given in writing as set forth in this paragraph. No oral instructions, interpretations, or representations shall be binding on the Owner. Written addenda shall be made part of the Contract Documents. 108 SUBSTITUTION FOR PATENTED AND SPECIFIED ARTICLES Whenever in the drawings or specifications any material or process is indicated or specified by patent or proprietary name and/or process 1-3

18 desired, it shall be deemed to be followed by the words "or equivalent" and the Bidder may offer any material or process which shall be equal in every respect to that so indicated or specified. The Bidder must provide the information for those items considered as or equivalent for the engineer to review prior to the Bid date. The engineer will review this information and issue an addendum to inform all potential Bidders of his decision on information submitted. If the material, process, or article offered by the Bidder is not, in the opinion of the Engineer, equal in every respect, then the Bidder must furnish the material, process or article specified or equal thereof in every respect. 109 BIDS TO REMAIN OPEN All Bids shall remain open for sixty (60) days after the day of the Bid opening, but Owner may, in sole discretion, release any Bid and return the Bid Security prior to that date. 110 AWARD OF CONTRACT Owner reserves the right to reject any and all Bids, to waive any and all informalities and negotiate contract terms with the successful Bidder, and the right to disregard all non-conforming, non-responsive or conditional Bids. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum In evaluating Bids, Owner shall consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and alternates and unit prices, if requested, in the Bid forms. It is the Owner's intent to accept alternates (if any are accepted) in the order in which they are listed in the Bid form but Owner may accept them in any order or combination Owner may consider the qualifications and experience of Subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed or those portions of the work as to which the identity of Subcontractors and other persons and organizations must be submitted as provided in the Supplemental Conditions. Operating costs, maintenance considerations, performance data and guarantees of materials and equipment may also be considered by the Owner Owner may conduct such investigations as he deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidders, proposed Subcontractors 1-4

19 and other persons and organizations to do the Work in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time Owner reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to Owner's satisfaction If sufficient funds are available and if the contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project If the contract is to be awarded, Owner will give the successful Bidder a Notice of Award within sixty days after the day of the Bid opening Owner reserves the right to remove any Bid Schedule, or portions of any schedule, to allow the funds available to complete the awarded project. The schedules and modifications agreed upon will be reflected in the Agreement. 111 AGREEMENT When Owner gives a Notice of Award to the successful Bidder, it will be accompanied by at least three unsigned original counterparts of the Agreement and all other City-supplied Contract Documents. Within fifteen (15) days thereafter, Contractor shall sign and deliver at least three original counterparts of the Agreement to Owner with all other Contract Documents attached. Other Contract Documents include, but are not limited to Performance Bond, Payment Bond, Certificate of Insurance and Certification of Coverage by Wyoming Workman's Compensation. Within fifteen (15) days thereafter, Owner will deliver a fully executed original counterpart to Contractor. Engineer will identify those portions of the Contract Documents not fully signed by Owner and Contractor and such identification shall be binding on all parties. 112 PREFERENCE FOR RESIDENT CONTRACTORS The Contract shall be let to the responsible certified resident making the lowest bid, if the certified resident's bid is not more than five percent (5%) higher than that of the lowest responsible nonresident bidder and the resident bidder does not propose to subcontract more than thirty percent (30%) of the work to nonresident contractors. A resident for this purpose must be certified as a resident by the Wyoming Department of Workforce Services prior to bidding upon the Contract. See W.S , et seq. A resident bidder shall submit a copy of its certificate of residency with its bid. 1-5

20 113 OTHER ISSUES Based on the Project Bid, additional streets/areas may be added to the project. The additional streets/areas will be added to the project by Change Order. Payment for this work will be by unit price per square yard of Type III Slurry Seal. No additional payment will be made for Mobilization or Traffic The 3M tape used to mark crosswalks on City streets shall be ground off to a clean asphalt surface as called out in Section 405 PERFORMANCE SPECIFICATIONS FOR EMULSIFIED ASPHALT SLURRY SEAL, SLURRY SEAL MIXTURE (c) Preparation of Surface. The Streets Division will re-apply the crosswalk tape after the slurry seal has cured It is required that all residents along streets to be slurry sealed be notified by contractor one week prior to any work being performed. 1-6

21 DIVISION 2 GENERAL CONDITIONS

22 DIVISION 2 GENERAL CONDITIONS 201 DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: Agreement - The written agreement between the OWNER and CONTRACTOR covering work to be performed; other Contract Documents are attached to the Agreement. Application for Payment - The form furnished by the ENGINEER which is to be used by CONTRACTOR in requesting progress payments and which is to include the schedule of values required by Section , SCHEDULES, and an affidavit of CONTRACTOR that progress payments theretofore received on account of the Work have been applied by CONTRACTOR to discharge in full all of CONTRACTOR's obligations reflected in prior Applications for Payment. Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. Bidder - Any person, firm or corporation submitting a Bid for the Work. Bonds - Bid, performance and payment bonds and other instruments of security, furnished by CONTRACTOR and his surety in accordance with the Contract Documents. Change Order - A written order to CONTRACTOR signed by OWNER authorizing an addition, deletion or revision in the Work, or an adjustment to the Contract Price or the Contract Time issued after execution of the Agreement. Contract Documents The Notice and Call for Bids, Pre-Bid Agenda and Meeting Minutes, Bid Form, Bid Bond, Agreement, Payment Bond, Performance Bond, Notice of Award, Notice to Proceed, Change Orders, Project Manual (including the Instructions to Bidders, these General Conditions, the Supplemental Conditions, the General Specifications, Special Conditions, Drawings and Modifications), Addenda (whether issued prior to the opening of the Bids or the execution of the Agreement), Certificate of Substantial Completion, Punch List, and Certificate of Final Acceptance. Contract Price - The total monies payable to CONTRACTOR under the Contract Documents. Contract Time - The number of days stated in the Agreement for the completion of the Work, computed as provided in Section , COMPUTATION OF TIME. 2-1

23 Contractor - The person, firm or corporation with whom OWNER has executed the Agreement. Day - A calendar day of twenty-four hours measured from midnight to the next midnight. Drawings - The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Engineer - The City Engineer or his duly authorized representative. Field Order - A written order issued by ENGINEER which clarifies or interprets the Contract Documents in accordance with Section , CLARIFICATIONS AND INTERPRETATIONS, or orders minor changes in the Work in accordance with Section 210, CHANGES IN THE WORK. Modification - (a) A written agreement of the Contract Documents signed by both parties, (b) a Change Order, (c) a written clarification or interpretation issued by ENGINEER in accordance with Section , CLARIFICATIONS AND INTERPRETATIONS, or (d) a written order for a minor change or alteration in the Work issued by ENGINEER pursuant to Section 210, CHANGES IN THE WORK. A modification may only be issued after execution of the Agreement. Notice of Award - The written notice by OWNER to the successful Bidder stating that upon compliance with the conditions present to be fulfilled by him within the time specified, OWNER will execute and deliver Agreement to him. Notice to Proceed - A written notice given by OWNER to CONTRACTOR (with a copy to the ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform his obligations under the Contract Documents. Owner - The City of Green River. Project - The entire construction to be performed as provided in the Contract Documents. Resident Project Representative - The authorized representative of ENGINEER who is assigned to the Project site or any part thereof. Shop Drawings - All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by CONTRACTOR, a subcontractor, manufacturer, supplier or distributor and which illustrate the equipment, material or some portion of the Work. Specifications - Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and 2-2

24 workmanship as applied to the Work. Subcontractor - An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. Substantial Completion - The date as certified by ENGINEER when the construction of the Project or a specified part thereof is sufficiently completed, in accordance with the Contract documents, so that the Project or specified part can be utilized for the purposes for which it was intended; or if there be no such certification, the date when final payment is due in accordance with Section , APPROVAL of FINAL PAYMENT, Paragraph One. Work - Any and all obligations, duties, and responsibilities necessary to the successful completion of the Project assigned to or undertaken by CONTRACTOR under the Contract Documents, including all labor, materials, equipment and other incidentals, and the furnishing thereof. Incidental Work - Any work that is required to safely and satisfactorily carry out the intent of the Project but is not included as a basis of payment. Cost of Incidental Work will be merged with and paid for under appropriate items of Work. 202 PRELIMINARY MATTERS EXECUTION OF AGREEMENT At least three counterparts of the Agreement and such other Contract Documents as practicable will be executed and delivered by CONTRACTOR to OWNER within fifteen (15) days of the Notice of Award; and OWNER will execute and deliver one counterpart to CONTRACTOR within 15 days of receipt of the executed Agreement from CONTRACTOR. ENGINEER will identify those portions of the Contract Documents not so signed and such identification will be binding on all parties. OWNER, CONTRACTOR, and ENGINEER shall each receive an executed counterpart of the Contract Documents and additional conformed copies as required DELIVERY OF BONDS When he delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as he may be required to furnish in accordance with Section , PERFORMANCE, PAYMENT AND OTHER BONDS COPIES OF DOCUMENTS 2-3

25 OWNER shall furnish to CONTRACTOR up to three copies (unless otherwise provided in the Special Conditions) of the Contract Documents as are reasonable necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction CONTRACTOR'S PRE-START REPRESENTATIONS CONTRACTOR represents that he has familiarized himself with, and assumes full responsibility for having familiarized himself with the nature and extent of the Contract Documents, Work, locality and with all local conditions and Federal, State and local laws, ordinances, rules and regulations that in any manner affect performance of the Work, and represents that he has correlated his study and observations with the requirements of the Contract Documents, Contractor also represents that he has studied all surveys and investigation reports of subsurface and latent physical conditions referred to in the Special Provisions and made such additional surveys and investigations as he deems necessary for the performance of the Work at the Contract Price in accordance with the requirements of the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED The Contract Time will commence to run on the day indicated in the Notice to Proceed STARTING THE PROJECT CONTRACTOR shall start to perform his obligations under the Contract Documents on the date when the Contract Time commences to run. No work shall be done at the site prior to the date on which the Contract Time commences to run BEFORE STARTING CONSTRUCTION Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. He shall at once report in writing to ENGINEER any conflict, error or discrepancy which he may discover; however, he shall not be liable to OWNER or ENGINEER for his failure to discover any conflict, error or discrepancy in the Drawings or Specifications Within 10 days after delivery of the executed Agreement by OWNER to CONTRACTOR, CONTRACTOR shall submit to ENGINEER for approval, an estimated progress schedule indicating the starting and completion 2-4

26 dates of the various stages of the Work, and a preliminary schedule of Shop Drawing submissions Before starting the Work at the site, CONTRACTOR shall furnish OWNER and ENGINEER certificates of insurance as required by Section 205 BONDS AND INSURANCE, of the General Conditions. Within 20 days after delivery of the executed Agreement by OWNER to CONTRACTOR, but before starting the Work at the site, a conference will be held to review the above schedule, to establish procedures for handling Shop Drawings and other submissions and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be the OWNER or his representative, ENGINEER, Resident Project Representatives, CONTRACTOR and his Superintendent. 203 CORRELATION, INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Agreement between OWNER and CONTRACTOR. They may be altered only by a Modification The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, he shall call it to ENGINEER's attention in writing at once and before proceeding with the Work affected thereby; however, he shall not be liable to OWNER or ENGINEER for his failure to discover any conflict, error or discrepancy in the Specifications or Drawings. In resolving such conflicts, errors and discrepancies, the documents shall be given precedence in the following order: Agreement, Modifications, Addenda, Special Conditions, Project Specifications, Instructions to Bidders, General Conditions, Supplemental Conditions, General Specifications and Drawings. Figure dimensions on Drawings shall govern over scale dimensions, and detailed Drawings shall govern over general Drawings. Any Work that may be reasonably inferred from the Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. Work, materials or equipment described in words so applied have a well-known technical or trade meaning shall be deemed to refer to such recognized standards. 204 AVAILABILITY OF LANDS - PHYSICAL CONDITIONS - REFERENCE POINTS AVAILABILITY OF LANDS 2-5

27 OWNER shall furnish, as indicated in the Contract Documents and not later than the date when needed by CONTRACTOR, the lands upon which the Work is to be done, rights-of-way for access thereto, and such other lands which are designated for use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise specified in the Contract Documents. If CONTRACTOR believes that any delay in OWNER's furnishing these lands or easements entitles him to an extension of the Contract Time, he may make a claim therefor as provided in Section 212, CHANGE OF CONTRACT TIME. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment PHYSICAL CONDITIONS - SURVEYS AND REPORTS Reference is made to the Special Provisions for identification of those surveys and investigation reports of subsurface and latent physical conditions at the Project site or otherwise affecting performance of the Work which have been relied upon by ENGINEER in preparation of the Drawings and Specifications UNFORESEEN PHYSICAL CONDITIONS CONTRACTOR shall promptly notify owner and ENGINEER in writing of any subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents. ENGINEER will promptly investigate those conditions and advise OWNER and CONTRACTOR in writing if further surveys or subsurface tests are necessary. Promptly there after, OWNER shall obtain the necessary additional surveys and tests and furnish copies to ENGINEER and CONTRACTOR. If ENGINEER finds that the results of such surveys or tests indicate that there are subsurface or latent physical conditions which could not reasonably have been anticipated by CONTRACTOR or OWNER, a Change Order shall be issued incorporating the necessary revisions REFERENCE POINTS The OWNER shall provide Engineering surveys for construction to establish reference points which in his judgment are necessary to enable the CONTRACTOR to proceed with the Work. The CONTRACTOR shall be responsible for surveying and laying out the work, unless otherwise provided in the Special Provisions, and shall protect and preserve the established reference points and shall not make changes or relocations without the prior written approval of the ENGINEER. He shall report to the ENGINEER whenever any reference point is lost or destroyed or requires 2-6

28 relocation because of necessary changes in line and grade. The CONTRACTOR shall replace and accurately relocate all reference points so lost, destroyed or moved. 205 BONDS AND INSURANCE PERFORMANCE, PAYMENT AND OTHER BONDS CONTRACTOR shall furnish performance and payment Bonds as security for the faithful performance and payment of all his obligations under the Contract Documents. These Bonds shall be in amounts at least equal to the Contract Price, and (except as otherwise provided in the Supplementary Conditions) in such form and with such sureties as are licensed to conduct business in the state where the Project is located and are named in the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Department If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated or revoked in any state where any part of the Project is located, CONTRACTOR shall within five days thereafter substitute another Bond and surety, both of which shall be acceptable to OWNER CONTRACTOR'S LIABILITY INSURANCE CONTRACTOR shall purchase and maintain such insurance as will protect him from claims under Workmen's Compensation Laws, disability benefit laws or other similar employee benefit laws; from claims for damages because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual personal injury liability coverage; from claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees including claims insured by usual personal injury liability coverage; and from claims for injury to or destruction of tangible property, including loss of use resulting therefrom any or all of which may arise out of or result from CONTRACTOR's operations under the Contract Documents, whether such operations be by himself or by any Subcontractor or anyone directly employed by any of them or for whose acts any of them may be legally liable. This insurance shall include the specific coverages and be written for not less than any limits of liability and maximum deductibles specified in the Supplemental Conditions or General Requirements or required by law, whichever is greater, shall include contractual liability insurance and shall include OWNER as additional insured parties. Before starting the Work, CONTRACTOR shall file with OWNER certificates of such insurance, acceptable to OWNER; these certificates shall contain a 2-7

29 provision that the coverage afforded under the policies will not be canceled or materially changed until at least 15 days prior written notice has been given to OWNER ADDITIONAL BONDS AND INSURANCE Prior to delivery of the Agreement by OWNER to CONTRACTOR, OWNER may require CONTRACTOR to furnish such other Bonds and such additional insurance, in such form and with such sureties or insurers as OWNER may require. If such other Bonds or such other insurance are specified by written instructions given prior to opening of Bids, the premiums shall be paid by CONTRACTOR: if subsequent thereto, they shall be paid by OWNER. (Except as otherwise provided in Section , SUBSTITUTE MATERIALS OR EQUIPMENT). 206 CONTRACTOR'S RESPONSIBILITIES SUPERVISION AND SUPERINTENDENCE CONTRACTOR shall supervise and direct the Work efficiently and with his best skill and attention. He shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but he shall not be solely responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence or procedure of construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR LABOR, MATERIALS, AND EQUIPMENT CONTRACTOR shall provide competent, suitably qualified personnel to lay out the Work and perform construction as required by the Contract Documents. He shall at all times maintain a good discipline and order at the site CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuels, power, light, heat, telephone, water and sanitary facilities and all 2-8

30 other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work All materials and equipment shall be new, except as otherwise provided in the Contract Documents. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence as to the kind and quality of materials and equipment All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator or processors, except as otherwise provided in the Contract Documents SUBSTITUTE MATERIALS OR EQUIPMENT If the General Requirement of the Specifications, law, ordinance or applicable rules or regulations permit CONTRACTOR to furnish or use a substitute that is equal to any material or equipment specified, and if CONTRACTOR wishes to furnish or use a proposed substitute, he shall, prior to the conference called for by Section , BEFORE STARTING CONSTRUCTION, (unless another time is provided in the Special Provisions), make written application to ENGINEER for approval of such a substitute certifying in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar to and/or of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified; stating whether or not its incorporation in or use in connection with the Project is subject to the payment of any license fee or royalty; and identifying all variations of the proposed substitute from that specified and indicating available maintenance service No substitute shall be ordered or installed without the written approval of ENGINEER who will be the judge of equality and may require CONTRACTOR to furnish such other data about the proposed substitute as he considers pertinent No substitute shall be ordered or installed without such performance guarantee and bonds as OWNER may require which shall be furnished at CONTRACTOR's expense CONCERNING SUBCONTRACTORS The CONTRACTOR shall not award to Subcontractor Work in excess of 30% of the Contractor Price, without prior written approval of the OWNER CONTRACTOR shall not employ any Subcontractor or other person or 2-9

31 organization (including those who are to furnish the principal items of materials and equipment), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection A subcontractor or other person or organization identified in writing to OWNER by CONTRACTOR prior to Notice of Award and not objected to in writing by OWNER or ENGINEER prior to the Notice of Award will be deemed acceptable to OWNER or ENGINEER Acceptance of any Subcontractor, other person or organization by OWNER or ENGINEER shall not constitute a waiver of any right of OWNER or ENGINEER to reject defective Work or Work not in conformance with the Contract Documents If OWNER or ENGINEER after due investigation has reasonable objection to any Subcontractor, other person or organization proposed by CONTRACTOR after Notice of Award, CONTRACTOR shall submit an acceptable substitute and the Contract Price shall be increased or decreased by the difference in cost occasioned by such substitution, and an appropriate Change Order shall be issued CONTRACTOR shall not be required to employ any Subcontractor, other person or organization to whom he has reasonable objection. CONTRACTOR shall not, without the consent of OWNER or ENGINEER, make any substitution for any Contractor, other person or organization who has been accepted by OWNER or ENGINEER unless ENGINEER determines that there is good cause for doing so CONTRACTOR shall be fully responsible for all acts and omissions of his Subcontractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that he is responsible for the acts and omissions of persons directly employed by him Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any Subcontractor or other person or organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any monies due any Subcontractor or other person or organization, except as may otherwise be required by law. OWNER or ENGINEER may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to CONTRACTOR on account of specific Work done in accordance with the schedule of values The divisions and sections of Specifications and the identifications of any 2-10

32 Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or delineating the Work to be performed by any specific trade CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER All Work performed for CONTRACTOR by a Subcontractor shall be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which shall contain provisions that waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by insurance PATENT FEES AND ROYALTIES CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents CONTRACTOR shall indemnify and hold harmless OWNER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorneys' fees) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights PERMITS CONTRACTOR shall obtain and pay for all construction permits and licenses and shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of Bid. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses CONTRACTOR shall pay all public utility charges. 2-11

33 CONTRACTOR shall be responsible for making all notifications to agencies who may be affected by the Work, including but not limited to Police and Fire Departments, public and private utilities and any State and Federal agencies LAWS AND REGULATIONS CONTRACTOR shall give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. These shall include but not limited to those promulgated, EPA, DEQ, OSHA, ADA, State of Wyoming and the City of Green River If CONTRACTOR observes that the Specifications or Drawings are at variance therewith, he shall give ENGINEER prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate Modification If CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to ENGINEER, he shall bear all costs arising therefrom; however, it shall not be his primary responsibility to make certain that the Specifications and Drawings are in accordance with such laws, ordinances, rules and regulations TAXES CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by him in accordance with the law or the place where Work is to be performed USE OF PREMISES CONTRACTOR shall confine his equipment, the storage of materials and equipment and the operations of his workmen to areas permitted by law, ordinances, permits, or the requirements of the Contract Documents, and shall not unreasonably encumber the premises with materials or equipment CONTRACTOR shall not load nor permit any part of any structure, nor shall he subject any part of the Work to stresses or pressures that will endanger it RECORD DRAWINGS CONTRACTOR shall keep one record copy of all Specifications, 2-12

34 Drawings, Addenda, Modifications, and Shop Drawings at the Site in good order and annotated to show all changes made during the construction process. These shall be available to ENGINEER and shall be delivered to him upon completion of the Project. NOTE: FURTHER PROVISIONS IN RESPECT OF SUCH RECORD DRAWINGS MAY BE INCLUDED IN THE SUPPLEMENTAL CONDITIONS AND SPECIAL CONDITIONS SAFETY AND PROTECTION CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. He shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: a) All employees on the Work and other persons who may be affected thereby, b) All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and c) Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacements in the course of construction CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety or persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by the conditions and progress of the Work, all necessary safeguards for its safety and protection. He shall notify owners of adjacent utilities when prosecution of the Work may affect them. All damage, injury or loss to any property referred to in Paragraphs (b) or (c) above, caused directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR: except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault of negligence of CONTRACTOR. CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with Section , APPROVAL OF FINAL PAYMENT, that Work is acceptable CONTRACTOR shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person 2-13

35 shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to OWNER EMERGENCIES In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instructions or authorization from ENGINEER or OWNER, is obligated to act, at his discretion, to prevent threatened damage, injury or loss. He shall give ENGINEER prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby, and a Change Order shall thereupon be issued covering the changes and deviations involved. If CONTRACTOR believes that additional Work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract Price or an extension of the Contract Time, he may make a claim therefor as provided in Sections 211, CHANGE IN CONTRACT PRICE, and 212, CHANGE OF THE CONTRACT TIME SHOP DRAWINGS AND SAMPLES After checking and verifying all field measurements, CONTRACTOR shall submit to ENGINEER for approval, in accordance with the accepted schedule of Shop Drawing submissions (See Section , BEFORE STARTING CONSTRUCTION), five copies (or at ENGINEER's option, one reproducible copy) of all Shop Drawings, which have been checked by and stamped with the approval of CONTRACTOR and identified as ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to dimensions, design criteria, materials of construction and the like to enable ENGINEER to review the information as required CONTRACTOR shall also submit to ENGINEER for approval with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples will have been checked by and stamped with the approval of CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended At the time of each submission, CONTRACTOR shall, in writing, call ENGINEER's attention to any deviations that the Shop Drawings or sample may have from the requirements of the Contract Documents ENGINEER will review and approve with reasonable promptness Shop Drawings and samples, but his review and approval shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The approval of a 2-14

36 separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make any corrections required by ENGINEER and shall return the number of corrected copies of Shop Drawings and resubmit new samples until approved. CONTRACTOR shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections called for by ENGINEER on previous submissions. CONTRACTOR's stamp of approval on any Shop Drawing or sample shall constitute a representation to ENGINEER that CONTRACTOR has either determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data or he assumes full responsibility for doing so, and that he has reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents Where a Shop Drawing or sample submission is required by the Specifications, no related Work shall be commenced until the submission has been approved by ENGINEER. A copy of each approved Shop Drawing and each approved sample shall be kept in good order by CONTRACTOR at the site and shall be available to ENGINEER ENGINEER's approval of Shop Drawings or samples shall not relieve CONTRACTOR from his responsibility for any deviations from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to such deviation at the time of submission and ENGINEER has given written approval to the specific deviation, nor shall any approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings CLEANING CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work, and at the completion of the Work he shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, construction equipment, machinery and surplus materials. CONTRACTOR shall restore to their original condition those portions of the site not designated for alteration by the Contract Documents INDEMNIFICATION CONTRACTOR shall indemnify and hold harmless OWNER and its agents or employees from and against all claims, damages, losses and expenses including attorneys' fees arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) 2-15

37 including the loss of use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder In any and all claims against OWNER or ENGINEER or any of their agents or employees by any employee of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable the indemnification obligation under this Section, Paragraph , shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any Subcontractor under workman's compensation acts, disability benefit acts or other employee benefit acts The obligations of CONTRACTOR under this Section shall not extend to the liability of ENGINEER, his agents or employees arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications or (2) the giving of or the failure to give directions or instructions by ENGINEER, his agents or employees provided such giving or failure to give is the primary cause of injury or damage NOTIFICATION OF SURETY It is CONTRACTOR's responsibility to notify his Surety of any changes affecting the general scope of the Work or change in the Contract Price and the amount of the applicable Bonds shall be adjusted accordingly. CONTRACTOR shall furnish proof of such adjustment to OWNER SUBMITTALS It is CONTRACTOR's responsibility to submit requests for payment, substantial completion, final completion, change orders or other requests which may be required, in a timely manner as indicated by the Contract Documents or as directed by the ENGINEER Failure of the CONTRACTOR to make submittals in a timely manner will not relieve the ENGINEER or OWNER from the need to discharge respective responsibilities at the earliest possible time. 207 WORK BY OTHERS OWNER 2-16

38 OWNER may perform additional work related to the Project by himself, or he may let other direct contracts therefore which shall contain General Conditions similar to these No Work or materials required by the Project will be supplied by the Owner, unless otherwise specified OTHER CONTRACTORS CONTRACTOR shall afford the other contractors who are parties to such direct contracts (or OWNER, if he is performing the additional work himself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of work, and shall properly connect and coordinate his Work with theirs If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor (or OWNER), CONTRACTOR shall inspect and promptly report to ENGINEER in writing any defects or deficiencies in such work that render it unsuitable for such proper execution and results. His failure to report shall constitute an acceptance of the other work as fit and proper for the relationship of his Work except as to defects and deficiencies which may appear in the other work after the execution of his Work If the performance of additional work by other contractors or OWNER is noted in the Contract Documents prior to the execution of the contract, written notice thereof shall be given to CONTRACTOR prior to starting any such additional work. If Contractor believes that the performance of such additional work by OWNER or others involves him in additional expense or entitles him to an extension of the Contract Time, he may make a claim therefor as provided in Sections 211 CHANGE OF CONTRACT PRICE and 212, CHANGE OF THE CONTRACT TIME. 208 OWNER'S RESPONSIBILITIES OWNER shall issue all communications to CONTRACTOR through ENGINEER OWNER shall furnish the data required of him under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in Sections , APPROVAL OF PROGRESS PAYMENTS, and APPROVAL OF FINAL PAYMENT OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in 2-17

39 Sections , AVAILABILITY OF LANDS, REFERENCE POINTS. Section , PHYSICAL CONDITIONS - SURVEYS AND REPORTS, refers to OWNER's identifying and making available to CONTRACTOR copies of surveys and investigation reports of subsurface and latent physical conditions at the site or otherwise affecting performance of the Work which have been relied upon by ENGINEER in preparing the Drawings and Specifications In addition to his rights to request changes in the Work in accordance with Section 210, CHANGES IN THE WORK, OWNER shall execute Change Orders OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in Section TESTS AND INSPECTIONS In connection with OWNER's right to stop Work or suspend Work, See Sections , OWNER MAY STOP THE WORK and , OWNER MAY SUSPEND WORK. Section , OWNER MAY TERMINATE, deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. Supplemental Conditions Section 303, Emergency Termination of Contract, deals with OWNER's right to terminate the Contract under certain circumstances. 209 ENGINEER'S STATUS DURING CONSTRUCTION OWNER'S REPRESENTATIVE ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in Sections 201 through of these General Conditions and shall not be extended without written agreement of OWNER and ENGINEER VISITS TO SITE ENGINEER will make periodic visits to the site to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. He will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. His efforts will be directed toward providing assurance for OWNER that the completed project will conform to the requirements of the Contract Documents. On the basis of his on site observations as an experienced and qualified design professional, he will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work of contractors. 2-18

40 CLARIFICATIONS AND INTERPRETATIONS ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as he may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR or OWNER believes that a written clarification or interpretation entitles him to a change in the Contract Price or Contract Time, he may make a claim therefor as provided in Section 211, CHANGE OF CONTRACT PRICE, or 212, CHANGE OF THE CONTRACT TIME REJECTING DEFECTIVE WORK ENGINEER will have authority to disapprove or reject work which is "defective" (which term is hereinafter used to describe Work that is unsatisfactory, faulty or defective, or does not conform to the requirements of the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in Section , TEST AND INSPECTIONS, or has been damaged prior to approval of final payments). He will also have authority to require special inspection or testing of the Work as provided in Section , UNCOVERING WORK, whether or not the Work is fabricated, installed or completed SHOP DRAWINGS, CHANGE ORDERS AND PAYMENTS In connection with ENGINEER's responsibility for Shop Drawings and samples, see Section , SHOP DRAWINGS AND SAMPLES In connection with ENGINEER's responsibilities for Change Orders, see Sections 210, CHANGES IN THE WORK; 211, CHANGE OF CONTRACT PRICE; and 212, CHANGE OF THE CONTRACT TIME In connection with ENGINEER's responsibilities in respect of Applications for Payments, etc., see Section 214, PAYMENTS AND COMPLETION RESIDENT PROJECT REPRESENTATIVE ENGINEER may furnish a Resident Project Representative and assistants to assist ENGINEER in carrying out his responsibilities at the site. The duties, responsibilities and limitation of authority of any such Resident Project Representative and assistants shall be as set forth in an exhibit to be incorporated in the Contract Documents DECISIONS IN DISAGREEMENTS 2-19

41 ENGINEER will be the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder. In his capacity as interpreter and judge, he will exercise his best efforts to insure faithful performance by both OWNER and CONTRACTOR. He will not show partiality to either and will not be liable for the result of any interpretation or decision rendered in good faith. Claims, disputes and other matters relating to the execution and progress of the Work or the interpretation of or performance under the Contract Documents shall be referred to ENGINEER for decision; which he will render in writing LIMITATIONS OF ENGINEER'S RESPONSIBILITIES Neither ENGINEER's authority to act under this Section 209 or elsewhere in the Contract Documents nor any decision made by him in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Subcontractor, any materialman, fabricator, supplier or any of their agents or employees or any other person performing any of the Work ENGINEER will not be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and he will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents ENGINEER will not be responsible for the acts or omissions of CONTRACTOR, or any Subcontractors, or any of his or their agents or employees, or any other persons at the site or otherwise performing any of the Work. 210 CHANGES IN THE WORK Without invalidating the Agreement, OWNER may order additions, deletions or revisions in the Work; these will be authorized by Change Orders. Upon receipt of a Change Order, CONTRACTOR shall proceed with the Work involved. All such Work shall be executed under applicable conditions of the Contract Documents. If any Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Section 211, CHANGE OF CONTRACT PRICE, or Section 212, CHANGE OF THE CONTRACT TIME, on the basis of a claim made by OWNER or CONTRACTOR ENGINEER may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the 2-20

42 Contract Documents. These shall be accomplished by a Field Order. If CONTRACTOR believes that any minor change or alteration authorized by ENGINEER entitles him to an increase in the Contract Price, he may make a claim therefor as provided in Section 211, CHANGE OF CONTRACT PRICE Additional Work performed by Contractor without authorization of a Change Order or Field Order will not entitle him to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in Section , EMERGENCIES, and Section , UNCOVERING WORK. 211 CHANGE OF CONTRACT PRICE CONTRACT PRICE The Contract Price constitutes the total compensation payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at his expense without change in the Contract Price CHANGE ORDER The Contract Price may only be changed by a Change Order. Any claim for a change in the Contract Price shall be based on written notice delivered to ENGINEER within seven (7) days of the occurrence of the event giving rise to the claim. Notice of the amount of the claim with supporting data shall be delivered within 45 days of such occurrence unless ENGINEER allows additional period of time to ascertain accurate cost data. All claims for adjustments in the Contract Price shall be determined by ENGINEER if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. Any change in the Contract Price resulting from any such claim shall be incorporated in the Change Order The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: (a) Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved. (b) By mutual acceptance of a lump sum. (c) On the basis of the Cost of Work (determined as provided in Sections and ) plus a CONTRACTOR's FEE for overhead and profit (determined as provided in Section ). 2-21

43 COST OF THE WORK The term Cost of the Work means the sum of all costs necessarily incurred and paid by the CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in Section : (a) Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries, wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing work after regular working hours, on Sunday or legal holidays shall be included in the above to the extent authorized by OWNER. (b) Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. (c) Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to him and shall deliver such bids to OWNER who will then determine with the advice of ENGINEER, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of cost of the Work, plus a fee, the cost of the Work shall be determined in accordance with Sections and , COST OF THE WORK. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. (d) Costs of special consultants (including, but not limited to, engineers, architects, testing laboratories, surveyors, lawyers and accountants) employed for services specifically related to the Work. (e) Supplemental costs including the following: 2-22

44 (1) The proportion of necessary transportation, traveling and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. (2) Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of the CONTRACTOR. (3) Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. (4) Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority. (5) Deposits lost for causes other than CONTRACTOR's negligence, royalty payments and fees for permits and licenses. (6) Losses, damages and expenses, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the execution of, and to, the Work, provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's Fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, he shall be paid for his services, a fee proportionate to that stated in Section , CONTRACTOR's FEE, Subparagraph (b). (7) The cost of utilities, fuel and sanitary facilities at the site. (8) Minor expenses such as telegrams, long distance phone calls, telephone services at the site, expressage and similar petty cash items in connection with the Work The term Cost of the Work shall not include any of the following: (a) Payroll costs and other compensation of CONTRACTOR's officers, executives (of partnership and sole proprietorships) general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks 2-23

45 and other personnel employed by CONTRACTOR whether at the site or in his principal or a branch office for general administration of the Work not specifically included in the schedule referred to in Section , COST OF THE WORK, Subparagraph (a), all of which are to be considered administrative costs covered by the Contractor's Fee. (b) Expenses of CONTRACTOR's principal and branch offices other than his office at the site. (c) Any part of CONTRACTOR's capital expense, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. (d) Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same. (e) Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. (f) Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Section , COST OF THE WORK CONTRACTOR'S FEE The Contractor's Fee which shall be allowed to CONTRACTOR for his overhead and profit shall be determined as follows: (a) A mutually acceptable fixed fee; or if none can be agreed upon, (b) A fee based on the following percentages of the various portions of the Cost of the Work: (1) For costs incurred under Section , COST OF THE WORK, Subparagraph (a) and (b), the Contractor's Fee shall be ten percent. (2) For costs incurred under Section , COST OF THE WORK, Subparagraph (c), the Contractor's fee shall be five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall be ten percent, and (3) No fee shall be payable on the basis of costs itemized under Section , COST OF THE WORK, Subparagraphs (d) and (3) and Section The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the 2-24

46 basis of the net increase, if any Whenever the cost of any Work is to be determined pursuant to Sections and , COST OF THE WORK, CONTRACTOR will submit in form prescribed by ENGINEER an itemized cost breakdown together with supporting data CASH ALLOWANCES It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such materialmen, suppliers or Subcontractors and for such sums within the limit the allowances as ENGINEER may approve. Upon final payment, the Contract Price shall be adjusted as required and an appropriate Change Order issued. CONTRACTOR agrees that the original Contract Price includes such sums as he deems proper for costs and profit on account of cash allowances. No demand for additional cost or profit in connection therewith will be allowed. 212 CHANGE OF THE CONTRACT TIME The Contract Time may only be changed by a Change Order. Any claim for an extension in the Contract Time shall be based on written notice delivered to ENGINEER within 15 days of the occurrence of the event giving rise to the claim. Notice of the extent of the claim with supporting data shall be delivered within 45 days of such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data. All claims for adjustment in the Contract Time shall be determined by ENGINEER if OWNER and CONTRACTOR cannot otherwise agree. Any change in the Contract Time resulting from any such claim shall be incorporated in a Change Order The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of CONTRACTOR if he makes a claim therefore as provided in the preceding paragraph. Such delays shall include, but not be restricted to, acts of neglect by any separate contractor employed by OWNER, fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Section 212, CHANGE OF THE CONTRACT TIME, shall not exclude recovery for damages (including compensation for additional professional services) for delay by either party. 2-25

47 213 WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK WARRANTY AND GUARANTEE CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all materials and equipment will be new unless otherwise specified and that all Work be of good quality and free from faults or defects and in accordance with the requirements of the Contract Documents and of any inspections, tests or approvals referred to in Section , TESTS AND INSPECTIONS. All unsatisfactory Work, all faulty or defective Work, and all Work not conforming to the requirements of the Contract Documents at the time of acceptance thereof or of such inspections, tests or approvals, shall be considered defective. Prompt notice of all defects shall be given to CONTRACTOR. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in this Section 213, WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK TESTS AND INSPECTIONS If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested, or approved by some public body, CONTRACTOR shall assume full responsibility therefore, pay all costs in connection therewith and furnish ENGINEER the required certificates of inspection, testing or approval. All other inspections, tests and approvals required by the Contract Documents shall be performed by organizations acceptable to OWNER and CONTRACTOR and the costs thereof shall be borne by OWNER unless otherwise specified CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all inspections, tests or approvals. If any such Work required so to be inspected, tested, or approved is covered without written approval of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation, and such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of his intention to cover such Work and ENGINEER has not acted with reasonable promptness in response to such notice Neither observations by ENGINEER nor inspections, tests or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR from his obligations to perform the Work in accordance with the requirements of the Contract Documents ACCESS TO WORK 2-26

48 ENGINEER and his representatives and other representatives of OWNER will at reasonable times have access to the Work. CONTRACTOR shall provide proper and safe facilities for such access and observation of the Work and also for any inspection for testing thereof by others UNCOVERING WORK If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for his observation and replaced at CONTRACTOR's expense If any Work has been covered which ENGINEER has not specifically requested to observe prior to its being covered, or if ENGINEER considers it necessary or advisable that covered Work be inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such work is defective, CONTRACTOR shall bear all the expenses of uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, including compensation for additional professional services, and an appropriate deductive Change Order shall be issued. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction if he makes a claim therefore as provided in Sections 211, CHANGE OF CONTRACT PRICE, and 212, CHANGE OF THE CONTRACT TIME OWNER MAY STOP THE WORK If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workmen or suitable materials or equipment, or if CONTRACTOR fails to make prompt payments to Subcontractors for labor, materials or equipment, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party This right of OWNER to stop Work shall not give rise to any claim by CONTRACTOR against OWNER for delay or damage resulting from the work stoppage or the cause thereof CORRECTION OF REMOVAL OF DEFECTIVE WORK 2-27

49 If required by ENGINEER prior to approval of final payment, CONTRACTOR shall promptly, without cost to OWNER and as specified by ENGINEER, either correct any defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with non-defective Work. If CONTRACTOR does not correct such defective Work or remove and replace such rejected Work within a reasonable time, all as specified in a written notice from ENGINEER, OWNER may have the deficiency corrected or the rejected Work removed and replaced. All direct or indirect costs of such correction or removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR, and an appropriate deductive Change Order shall be issued. CONTRACTOR shall also bear the expenses of making good all Work of others destroyed or damaged by his correction, removal or replacement of his defective Work ONE-YEAR CORRECTION PERIOD If, after the approval of final payment and prior to the expiration of one year after the date of Final Acceptance or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with non-defective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR ACCEPTANCE OF DEFECTIVE WORK If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to approval of final payment, also ENGINEER) prefers to accept it, he may do so. In such case, if acceptance occurs prior to approval of final payment, a Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including appropriate reduction in the Contract Price; or, if the acceptance occurs after approval of final payment, an appropriate amount shall be paid by CONTRACTOR to OWNER NEGLECTED WORK BY CONTRACTOR If CONTRACTOR should fail to prosecute the Work in accordance with the 2-28

50 Contract Documents, including any requirements of the progress schedule, OWNER, after seven days' written notice to CONTRACTOR may, without prejudice to any other remedy he may have, make good such deficiencies and the cost thereof (including compensation for additional professional services) shall be charged against CONTRACTOR if ENGINEER approves such action, in which case a Change Order shall be issued incorporating the necessary revisions in the Contract Documents including an appropriate reduction in the Contract Price. If the payments then or thereafter due CONTRACTOR are not sufficient to cover such amount, CONTRACTOR shall pay the difference to OWNER. 214 PAYMENTS AND COMPLETION SCHEDULES At least ten days prior to submitting the first Application for a progress payment, CONTRACTOR shall submit a progress schedule, a final schedule of Shop Drawing submission and a schedule of values of the Work. These schedules shall be satisfactory in form and substance to ENGINEER. The schedule of values shall include quantities and unit prices aggregating the Contract Price, and shall subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Upon approval of the schedules of values by ENGINEER, it shall be incorporated into the form of Application for Payment furnished by ENGINEER APPLICATION FOR PROGRESS PAYMENT At least fourteen days before each progress payment falls due, CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such data and schedules as ENGINEER may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by such data, satisfactory to protect his interest therein, including applicable insurance. Each subsequent application shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied to discharge in full all of CONTRACTOR's obligations reflected in prior Application for Payment. Ten (10) percent of each payment requested by CONTRACTOR shall be withheld and retained by OWNER until completion and final acceptance of the project, at which time OWNER shall advertise forty-one (41) day substantial completion as required by law. Following the forty-one day period, final payment shall be made to CONTRACTOR, including retained 2-29

51 monies, providing that no claims have been filed on such funds APPROVAL OF PROGRESS PAYMENTS ENGINEER will, within eleven days after receipt of each Application for Payment, either indicate in writing his approval of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing his reasons for refusing to approve payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. OWNER shall pay CONTRACTOR the amount approved by ENGINEER ENGINEER's approval of any payment requested in an Application for Payment will constitute a representation by him to OWNER, based on ENGINEER's on-site observations of the Work in progress as an experienced and qualified design professional and on his review of the Application for Payment and the accompanying data and schedules that the Work has progressed to the point indicated; that, to the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval); and that CONTRACTOR is entitled to payment of the amount approved. However, by approving any such payment ENGINEER will not thereby be deemed to have represented that he made exhaustive or continuous on-site inspections to check the quality or the quantity of the Work, or that he has reviewed the means, methods, techniques, sequences, and procedures of construction, or that he has made any examination to ascertain how or for what purpose CONTRACTOR has used monies paid or to be paid to him on account of the Contract Price, or that title to any Work, materials, or equipment has passed to OWNER free and clear of any liens ENGINEER's approval of final payment will constitute an additional representation by him to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in Section , APPROVAL OF FINAL PAYMENT, have been fulfilled ENGINEER may refuse to approve the whole or any part of any payment if, in his opinion, it would be incorrect to make such representations to OWNER. He may also refuse to approve any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously approved, to such extent as may be necessary in his opinion to protect OWNER from loss because: 2-30

52 (a) The Work is defective, or completed Work has been damaged requiring correction or replacement, (b) Claims or liens have been filed or there is reasonable cause to believe such may be filed, (c) The Contract Price has been reduced because of Modifications, (d) OWNER has been required to correct defective Work or complete the Work in accordance with Section , ACCEPTANCE OF DEFECTIVE WORK, or, (e) Of unsatisfactory prosecution of the Work, including failure to furnish acceptable submittals or to clean up SUBSTANTIAL COMPLETION Prior to final payment, when CONTRACTOR has completed work on all pay items and considers the entire work ready for its intended use, CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire work is substantially complete [except for items specifically listed by CONTRACTOR as incomplete] and request that ENGINEER issue a Certificate of Substantial Completion Within a reasonable time thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefore If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative Certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment, and the certificate shall fix the time within such items shall be completed or corrected, said time to be within the Contract Time. The certificate shall also define the responsibilities between OWNER and CONTRACTOR for maintenance, heat and utilities OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to the ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefore. If after consideration of OWNER s objections ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definite Certificate of Substantial Completion [with a revised tentative list of items to be completed or corrected] reflecting such changes from the tentative 2-31

53 certificate as ENGINEER believes justified after considerations of any objections from OWNER OWNER shall have the right to exclude CONTRACTOR from the Project after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list PARTIAL UTILIZATION Prior to final payment, OWNER may request CONTRACTOR in writing to permit him to use a specified part of the Project which he believes he may use without significant interference with construction of the other parts of the Project. If CONTRACTOR agrees, he will certify to OWNER and ENGINEER that said part of the Project is substantially complete and request ENGINEER to issue a Certificate of Substantial Completion for that part of the Project. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Project to determine its status of completion. If ENGINEER does not consider that it is substantially complete, he will notify OWNER and CONTRACTOR in writing giving his reasons therefor. If ENGINEER considers that part of the Project to be substantially complete, he will execute and deliver to OWNER and CONTRACTOR a certificate to that effect, fixing the date of Substantial Completion as to that part of the Project, attaching thereto a tentative list of items to be completed or corrected before final payment and fixing the responsibility between OWNER and CONTRACTOR for maintenance, heat and utilities as to that part of the Project. OWNER shall have the right to exclude CONTRACTOR from any part of the Project which ENGINEER has so certified to be substantially complete, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list FINAL INSPECTION Upon written notice from CONTRACTOR that the Project is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies FINAL APPLICATION FOR PAYMENT After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered all maintenance and operating 2-32

54 instructions, schedules, guarantees, bonds, certificates of inspection and other documents--all as required by the Contract Documents, he may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by such data and schedules as ENGINEER may reasonably require, together with complete and legally effective releases or waivers (satisfactory to OWNER) of all liens arising out of the Contract Documents and the labor and services performed and the material and equipment furnished thereunder. In lieu thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full, an affidavit of CONTRACTOR that the releases and receipts include all labor, services, material and equipment for which a lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of the Surety, if any, to final payment. If any Subcontractor materialman, fabricator or supplier fails to furnish a release or receipt in full, CONTRACTOR may furnish a Bond or collateral satisfactory to OWNER to indemnify him against any lien APPROVAL OF FINAL PAYMENT If, on the basis of his observation and review of the Work during construction, his final inspection and his review of the final Application for Payment--all as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR has fulfilled all of his obligations under the Contract Documents, he will, within ten days after receipt of the final Application for Payment, indicate in writing his approval of payment and present the Application to OWNER for payment. Otherwise, he will return Application to CONTRACTOR, indicating in writing his reasons for refusing to approve final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. OWNER shall pay CONTRACTOR the amount approved by ENGINEER If after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of CONTRACTOR, and ENGINEER so confirms, OWNER shall, upon certification by ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in Section , OWNER MAY SUSPEND WORK, the written consent of the Surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the CONTRACTOR to the ENGINEER prior to certification of such payment. Such payment shall be made under the terms and conditions 2-33

55 governing final payment, except that it shall not constitute a waiver of claims CONTRACTOR'S CONTINUING OBLIGATION CONTRACTOR's obligation to perform the Work and complete the Project in accordance with the Contract Documents shall be absolute. Neither approval of any progress or final payment by ENGINEER, nor the issuance of a Certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Project or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any correction of defective work by OWNER shall constitute an acceptance of Work not in accordance with the Contract Documents WAIVER OF CLAIMS The making and acceptance of final payment shall constitute: (a) A waiver of all claims by OWNER against CONTRACTOR other than those arising from unsettled liens, from defective work appearing after final inspection pursuant to Section , FINAL INSPECTION, or from failure to comply with the requirements of the Contract Documents or the terms of any special guarantees specified therein, and (b) A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. 215 SUSPENSION OF WORK AND TERMINATION OWNER MAY SUSPEND WORK OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than 90 days by notice in writing to CONTRACTOR and ENGINEER which shall fix the date on which Work shall be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if he makes a claim thereof as provided in Sections 211, CHANGE OF CONTRACT PRICE, and 212, CHANGE OF THE CONTRACT TIME OWNER MAY TERMINATE If CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors, or if a trustee or 2-34

56 receiver is appointed for CONTRACTOR or for any of his property, or if he files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to Subcontractors or for labor, materials, or equipment or if he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he disregards the authority of ENGINEER, or if he otherwise violates any provision of the Contract Documents, then OWNER may, without prejudice to any other right or remedy and after giving CONTRACTOR and his Surety seven days' written notice, terminate the services of CONTRACTOR and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by CONTRACTOR, and finish the Work by whatever method he may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER shall be determined by ENGINEER and incorporated in Change Order Where CONTRACTOR's services have been so terminated by OWNER, said terminations shall not affect any rights of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of monies by OWNER due CONTRACTOR will not release CONTRACTOR from liability Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy, elect to abandon the Project and terminate the Agreement. In such case, CONTRACTOR shall be paid for all Work executed and any expense sustained plus a reasonable profit CONTRACTOR MAY STOP THE WORK OR TERMINATE If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than 90 days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, or OWNER fails to pay CONTRACTOR any sum approved by ENGINEER within 30 days of its approval and presentation, the CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, terminate the Agreement and recover from OWNER, payment for all Work executed and any expense sustained plus a reasonable profit. In addition and in lieu of terminating 2-35

57 216 MISCELLANEOUS the Agreement, if ENGINEER has failed to act on an Application for Payment or OWNER has failed to make any payment as aforesaid, CONTRACTOR may upon seven days' notice to OWNER and ENGINEER stop the Work until he has been paid all amounts then due GIVING NOTICE Whenever any provision of the Contract Documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to him who gives the notice COMPUTATION OF TIME When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation MISCELLANEOUS All Specifications, Drawings and copies thereof furnished by ENGINEER shall remain his property. They shall not be used on another Project, and, with the exception of those sets which have been signed in connection with the execution of the Agreement, shall be returned to him on request upon completion of the Project The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by Sections , INDEMNIFICATION, Paragraph ; ; WARRANTY AND GUARANTEE; , ONE YEAR CORRECTION PERIOD; and the rights and remedies in addition to, and shall not be construed in any way as a limitation of, any rights or remedies available to them which are otherwise imposed or available by law, by special guarantee or by other provisions of the Contract Documents Should Owner or Contractor suffer injury or damage to his person or property because of any error, omission or act of the other or of any of his employees or agents or others for whose acts he is legally liable, claim shall be made in writing to the other party within a reasonable time of the 2-36

58 first observance of such injury or damage The Contract Documents shall be governed by the law of the place of the Project SAMPLES, TESTS CITED, SPECIFICATIONS AND ABBREVIATIONS Whenever the following abbreviations are used in these specifications or on the respective plans, they shall be construed the same as the respective expressions represented and unless otherwise modified, the tests will be in accordance with the most recent cited standard methods which are current on the date of advertisement for bid. AAN AAR AASHTO ADA AGC AIA ANSI APWA ARA ASCE ASTM AWPA AWWA AWS FHWA FSS OSHA SAE TAPPI WCLIB WWPA American Association of Nurserymen Association of American Railroads American Association of State Highway and Transportation Officials American Disability Act Associated General Contractors of Wyoming American Institute of Architects American National Standards Institute American Public Works Association American Railway Association American Society of Civil Engineers American Society for Testing and Materials American Wood Preservers Association American Water Works Association American Welding Society Federal Highway Administration Federal Specifications and Standards, General Services Administration Occupational Safety and Health Administration Society of Automotive Engineers Technical Association of the Pulp & Paper Industry West Coast Lumber Inspection Bureau Western Wood Products Association 2-37

59 DIVISION 3 SUPPLEMENTAL CONDITIONS

60 SUPPLEMENTAL CONDITIONS 301 INSURANCE REQUIREMENTS CONTRACTOR shall secure and maintain throughout the duration of this Contract insurance of such types and not less than the amounts listed below Insurance coverage will be considered acceptable when provided in one of the following methods: A. By issuance of the original policy designating CONTRACTOR as the insured party under the provisions of the policy. B. By endorsement to an original policy. C. By separate contingent policy The CONTRACTOR shall furnish the ENGINEER with proper affidavit or affidavits executed by representatives of duly qualified insurance companies, doing business in Wyoming for approval by OWNER. Regardless of such approval by the OWNER, it shall be the responsibility of the CONTRACTOR to maintain adequate insurance coverage at all times, and his failure to do so shall not relieve him of any contractual obligation or responsibility. Failure on the part of CONTRACTOR to maintain this insurance in full effect will be considered as a failure in Contract performance and will be treated as such by OWNER Insurance policies filed with the OWNER shall state that thirty (30) calendar days' written notice will be given to Surety before any policy covered thereby is changed or canceled WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY This insurance shall protect the CONTRACTOR against all claims under the Workmen's Compensation Law. The CONTRACTOR shall also be protected against claims for injury, disease or death of employees which, for any reason, may not fall within the provisions of the Workmen's Compensation Law. Verification of coverage by Workman s Compensation is to be provided with the returned signed Agreement The liability limits shall not be less than the following: A. Workmen's Compensation: Statutory B. Employer's Liability: Statutory PUBLIC LIABILITY 3-1

61 This insurance shall be written in comprehensive form and shall protect the CONTRACTOR against all claims arising from injuries to any person or damage to property of others arising out of any act or omission of the CONTRACTOR; and in addition, this policy shall specifically provide CONTRACTOR'S Protective Liability Insurance, and Contractual Liability Insurance covering the obligations stipulated in this project The CONTRACTOR shall provide and maintain insurance to protect the OWNER against any and all claims for damages for personal injury, including accidental death, as well as from claims under the Contract, whether such operations are by the CONTRACTOR or any of his Subcontractors, or by anyone directly or indirectly employed by the CONTRACTOR or his Subcontractors The liability limits shall not be less than the following: A. Personal Injury: $1,000,000 each occurrence B. Personal Injury: $3,000,000 annual aggregate C. Property Damage: $1,000,000 each occurrence D. Property Damage: $2,000,000 annual aggregate or combined single limit of $2,000, AUTOMOBILE LIABILITY The insurance shall be written in comprehensive form and shall protect the CONTRACTOR against all claims for the operation of motor vehicles, whether they are owned, non-owned, or hired by him The liability limits shall not be less than the following: A. Bodily Injury: $1,000,000 each person B. Bodily Injury: $1,000,000 each occurrence C. Property Damage: $1,000,000 each occurrence or combined single limit RAILROAD INSURANCE Unless otherwise specified, the CONTRACTOR shall procure and maintain railway protection insurance in the amount specified with the provisions required by the railroads affected by the project. The CONTRACTOR shall furnish the OWNER and the railroad a certified copy of such policy together with document attached thereto under the terms of which the insurance company assumes liability of the railroad as defined above. 3-2

62 COVERAGE FOR EXPLOSION-COLLAPSE-UNDERGROUND EXCLUSIONS When parts of the Work governed by the Contract are not covered because of exclusions in the Comprehensive General Liability Insurance, the CONTRACTOR shall provide and maintain insurance coverage with the CONTRACTOR and the OWNER both being named insured for all hazardous work thus excluded; particularly for exclusions such as explosions, collapse and underground work by the project. The CONTRACTOR shall furnish the OWNER and the railroad a certified copy of such policy together with document attached thereto under the terms of which the insurance company assumes liability of the railroad as defined above BUILDER'S RISK When buildings and appurtenant structures are included in the Work, builder's risk insurance shall be written in completed value form and shall protect the CONTRACTOR and the OWNER against risks of damage to buildings, structures not otherwise covered from the perils of fire and lightning, the perils included in the standard extended coverage and endorsement, and the perils of vandalism and malicious mischief. The amount of such insurance shall not be less than the insurable value of the Work at completion, and shall provide losses to be payable to the CONTRACTOR and the OWNER as their interests may appear If the aggregate value of equipment furnished by the OWNER and the CONTRACTOR does not exceed $10,000, such equipment shall be covered under Builder's Risk Insurance INSTALLATION FLOATER This insurance shall protect the CONTRACTOR and the OWNER from all insurable risks of physical loss or damage to materials and equipment not otherwise covered under Builder's Risk Insurance, while in warehouse or storage area, during testing, and until the Work is accepted by the OWNER. It shall be of the All Risk type, with coverages designed for the job circumstances, and shall include the aggregate value of equipment and materials furnished by either or both the CONTRACTOR and OWNER, and shall be for an amount not less than the value of the material and equipment at completion EQUAL EMPLOYMENT OPPORTUNITY In accepting this Contract, the CONTRACTOR agrees not to commit any of the following unlawful employment practices, and to include this non- 3-3

63 302 BONDS BID BOND discrimination clause in any subcontracts connected with the performance of this agreement: A. To refuse to hire, employ, or bar, or to discharge from employment any individual because of his race, color, religion, sex or national origin. B. To discriminate against any individual in terms, conditions, or privileges of employment because of his race, color, religion, sex or national origin. C. To use any form of application for employment, or to make any inquiry in recruiting or advertising which requests his race, color, religion, sex, or national origin of any individual. D. To discharge, expel, or otherwise discriminate against any individual because of his opposition to any practices forbidden under this section or because he has filed a complaint, testified, or assisted in any proceeding under this section of the Contract Each Bid must be accompanied by a Bid Bond payable to OWNER for five (5) percent of the total amount of the Bid. As soon as the BID prices have been compared, the OWNER will return the BONDS of all except the three lowest responsible BIDDERS. When the Agreement is executed, the bonds of the two remaining unsuccessful BIDDERS will be returned. The BID BOND of the successful BIDDER will be retained until the PERFORMANCE BOND and PAYMENT BOND have been executed and approved, after which it will be returned. A certified check, payable to the OWNER, may be used in lieu of a BID BOND PERFORMANCE AND PAYMENT BOND Performance and Payment Bonds, separate and each in the amount of one hundred (100) percent of the Contract Price, with a corporate surety approved by the OWNER, will be required for the faithful performance of the Contract. Bonds are to be provided by sureties licensed to conduct business in the state where the Project is located and are named in the current list of Surety Companies Acceptable on Federal Bonds as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Department The party to whom the Contract is awarded will be required to execute the Agreement and obtain the PERFORMANCE BOND and PAYMENT BOND within fifteen (15) calendar days from the date when NOTICE OF AWARD is delivered to the BIDDER. 3-4

64 303 CHANGES TO GENERAL CONDITIONS All portions of the General Conditions in conflict with these Supplemental Conditions are hereby superseded by the Supplemental Conditions. 304 EMERGENCY TERMINATION OF CONTRACT The owner may, by written notice, and with the approval of State and Federal agencies, where applicable, terminate the Contract or a portion thereof when it is deemed in the best public interest to do so The ENGINEER may require the completion of any item of the Work not covered by restrictions prior to such termination When a Contract or any portion thereof is terminated before completion of all items of Work in the Contract, payment will be made for the actual number of units or items of work completed at the Contract Unit Price or as mutually agreed for items of Work partially completed or not started Materials obtained by the CONTRACTOR which are found acceptable by the ENGINEER and are not incorporated into the Work may be purchased from the CONTRACTOR at actual costs as shown by bills of receipt and cost records at such points of delivery as may be designated by the ENGINEER The ENGINEER shall be given full access to all books, cost records, correspondence and papers of the CONTRACTOR relating to the Contract in order to determine amounts to be paid the CONTRACTOR due to Emergency Termination of the Contract The intent of this provision is that an equitable settlement will be made with the CONTRACTOR. This settlement will consider all reasonable costs incurred by the CONTRACTOR in preparation for performance under the Contract. Loss of anticipated profits will not be considered in this settlement Termination of the Contract or a portion thereof shall not relieve the CONTRACTOR of his responsibilities for the completed Work, nor shall it relieve his surety of its obligation for and concerning any just claims arising out of the Work performed The title to all property accruing to the Owner by reason of termination of this Contract shall immediately vest in the Owner, and the CONTRACTOR shall execute and deliver to the ENGINEER all papers necessary to transfer the title. 3-5

65 305 TEMPORARY SUSPENSION OF WORK The ENGINEER/City Project Representative shall have the authority to suspend the work wholly or in part by written order to the CONTRACTOR for such period or periods as he may deem necessary, due to (1) unsuitable weather or other essential conditions which he considers unfavorable for the suitable prosecution of the work in which case no working time will be charged, or (2) failure on the part of the CONTRACTOR to carry out orders given or to perform any provision of the contract in which case working time will be charged. No additional compensation shall be paid the CONTRACTOR on account of such suspension. Upon suspension, the work shall be put in proper and satisfactory condition, carefully covered and properly protected, as directed by the ENGINEER. 306 ARBITRATION REVOKED Subsequent to this section, all references to arbitration shall be made null and void thereby revoking all provisions for its use. 307 CONTRACTOR TO CHECK PLANS AND SCHEDULES The CONTRACTOR is required to check all dimensions and quantities on the plans and schedules given to him by the City Project Representative and shall notify the City Project Representative of any discrepancy between the plans and conditions on the ground, or any error or omission in plans or layout as given by stakes, points, or instruction, which he may discover in the course of the work. The CONTRACTOR will not be allowed to take advantage of any error or omission in the plans or contract documents, as full instructions will be furnished by the City Project Representative should such error or omission be discovered, and the CONTRACTOR shall carry out such instructions as if originally specified. 308 AUTHORITY OF INSPECTORS Inspectors shall be authorized by the City Project Representative to inspect all work done and all materials furnished. The inspector shall have the authority to reject materials or suspend work until any questions on issues can be referred to the City Project Representative. The City Project Representative and his inspectors shall have unrestricted access to all parts of the work at all times. 309 RIGHT TO INSPECT Representatives of Wyoming Department of Environmental Quality shall have access to the work at all times for the purpose of inspection. 3-6

66 310 PRE-CONSTRUCTION CONFERENCE Prior to beginning the Work, a conference shall be held at a time established by the City Project Representative for the purpose of reviewing the construction schedule, the itemized price breakdown, establishment of process for payments, and to establish a working relationship between the parties involved in the Project. Present at the meeting will be the representatives of the Owner, the CONTRACTOR and his job superintendent, the City Project Representative, and the representatives of any funding agency. 311 SURVEYS, LINES AND GRADES Prior to construction beginning, and/or during construction the ENGINEER shall complete the initial staking which provides for initial quantities, control points and benchmarks, on a one (1) time basis only. Final survey to establish final grades, measurement of excavation and fill and relocation of special monuments disturbed by prescribed construction activities will be performed by the ENGINEER on completion of the work. During construction, the ENGINEER may also complete surveys to locate special structures such as drainage channels, dams, drop structures and property lines on a one (1) time basis. As approved by the City, the ENGINEER may also perform interim quantity surveys. It will be the responsibility of the CONTRACTOR to provide any additional staking necessary such as stake jumping or level control to complete the project. Any control point, benchmark or monument disturbed or destroyed by the CONTRACTOR, Subcontractor or employees of either will be replaced at the expense of the CONTRACTOR. If after final cross-sections, grade alterations are required because proper cuts and/or fills were not achieved; the CONTRACTOR will pay to have final cross-sections redone for the area in question after remedial work is complete. 312 CONSTRUCTION SCHEDULE The CONTRACTOR shall furnish, at the time of the pre-construction conference, a copy of his construction schedule. The schedule shall be complete and shall include, but not be limited to, the following: Time of commencement of each work item, including submission of shop drawings, delivery of equipment, each construction phase, start-up, etc. As a part of the construction a complete itemized price breakdown shall be furnished. The price breakdown shall state each construction activity, materials, equipment, etc. The price breakdown shall be subject to the approval of the City Project Representative and will be used as the basis of payment for work completed for monthly pay estimates. 3-7

67 313 FIGURED DIMENSIONS TO GOVERN Indicated dimensions, where given on the Plans, shall be accurately followed, even though they differ from scaled measurements. No work shown on the Plans, the dimensions of which are not indicated, shall be executed until instructions have been obtained from the ENGINEER as to the dimensions to be used. 314 ARCHAEOLOGICAL AND HISTORICAL FINDS ARCHAEOLOGICAL FINDS In the event of an archaeological find during any phase of construction, the following procedure will be followed: A. Construction shall be halted with as little destruction to the archaeological site as possible. B. A representative of the Owner shall contact the State Historic Preservation Officer, notify him of the find and ask for guidance. C. The State Historic Preservation Officer may decide to have an archaeologist inspect the site and make recommendations about the steps needed to protect the site before construction is resumed. D. The entire event should be handled as expediently as possible in order to hold the loss in construction time to a minimum while still protecting archaeological finds HISTORICAL FINDS A similar procedure shall be followed with regard to more recent historical resources. Should any artifacts, housing sites, etc., be uncovered, the same procedure should be followed as for an archaeological find. 315 UTILITY LOCATES The CONTRACTOR is responsible for scheduling utility locates through the One Call of Wyoming service with the cost of this work considered incidental to the installation of all the proposed underground utilities. Damage to utilities shall be corrected to the satisfaction of the Utility Owner at no cost to the Owner or the Utility Company. 316 EXISTING UTILITIES It is the responsibility of the CONTRACTOR to locate and coordinate the location and depth of all existing utilities. The CONTRACTOR shall contact all utility owners in the area for locations of existing utilities. If there is a conflict between the existing utilities and the proposed work of 3-8

68 this project, the CONTRACTOR shall be responsible to coordinate and make whatever changes are needed to change the existing utilities in conflict in accordance with the policies and regulations of the utility in conflict. Coordinating the determination of the location of the existing utilities shall be incidental to the project; no additional payments shall be made to the CONTRACTOR Coordination with the existing utility owner to resolve the conflict shall be incidental to the project; no additional payments shall be made. Prior to beginning construction the CONTRACTOR must fulfill and meet the requirements of Wyoming Statues through relating to public utilities; providing definitions; providing that notice of intended excavation be given to public utilities with underground facilities located in the area of proposed excavation. 317 FACILITY MAINTENANCE The CONTRACTOR shall be responsible for maintaining the condition of existing sanitary, storm sewer facilities and water facilities. This will include, but is not limited to, removal of sand, silt, gravel, or other debris which enters said facilities as a result of the Work. 318 WORK HOURS Work under this Contract shall be performed between the hours of 7:00 a.m. and 7:00 p.m. The ENGINEER may authorize Work be performed at other times as necessary Work days shall be limited to Monday through Saturday. Scheduling of work on Sundays may be authorized by the Owner, if deemed appropriate Maintenance of equipment shall be done within the time set forth above. 319 STAGING AREA The CONTRACTOR shall be responsible for obtaining a site, if required, suitable for this purpose. If private property is used, a copy of a written agreement between the CONTRACTOR and the private party which specifies the conditions of such use shall be given to the ENGINEER The CONTRACTOR shall be responsible for the maintenance, access, and clean-up of entire site including the staging area. 320 MOBILIZATION Payment by lump sum will be made for Mobilization as compensation for 3-9

69 preparatory work or operations including, but not limited to, that necessary for the movement of personnel, equipment, supplies and incidentals to the project sites; for the establishment of all facilities necessary for the Work, and for all other work and operations which must be performed, or for costs associated with such work and operations, prior to beginning on the various items of Work Measurement and payment for Mobilization shall be per the schedule below. Payment shall be by percentage of the lump sum price for Mobilization. Percent of Original Contract Percent of Contract Amount Lump Sum Completed Earned The total Bid amount for Mobilization shall be no more than 8% of the total bid amount. 321 TRAFFIC CONTROL CONTRACTOR shall be responsible for providing adequate barricades of high visibility design, flares, lanterns, signs, flagmen, and pre-wiring devices to alert the public, motorists and pedestrians of hazardous conditions in accordance with the latest issue of the Manual on Uniform Traffic Control Devices for Streets and Highways:, published by the Department of Transportation. CONTRACTOR shall maintain a copy of said Manual on the project site at all times CONTRACTOR shall inform ENGINEER in advance of his proposed construction areas, street closures, and traffic plan. The Traffic Control Plan shall be furnished by the CONTRACTOR at the time of the Pre- Construction Conference. Prior to beginning construction, ENGINEER and CONTRACTOR shall view site to determine adequacy of traffic control measures. ENGINEER shall approve same prior to beginning of construction The CONTRACTOR shall designate a representative to be in charge of Traffic Control. This representative shall also be in charge of Safety on the site. Adequate personnel shall be available to promptly move and set up traffic control equipment. 3-10

70 City Ordinances requires lighted barricades Traffic Control shall be measured by lump sum. Payment shall be at the contract lump sum for Traffic Control at the same schedule set forth in Section of these Supplemental Conditions. 322 RECORD DRAWINGS The CONTRACTOR shall prepare and maintain three complete sets of record drawings. Record drawings shall be updated on a daily basis and shall show all work completed and changes in the project to date. The accuracy and completeness of said drawings shall be subject to approval of the ENGINEER. At the completion of the work all three sets of record drawings shall be turned over to the ENGINEER. The Record Drawing shall follow these specifications: 323 CLEANING UP 1. Distances to taps from something that can be measured from the surface (center manhole or water valve) and angle of the tap, also provide swing ties from two permanent above ground features. 2. Water valves should have swing ties from permanent above ground fixed objects. 3. All distances from all fittings to the next fitting. 4. Length of service line to the curbstop, clean out or back of curb. 5. Periodically indicate depths of mains (four times per sheet) and services at main and all depths at curbstop/cleanout/curb. 6. Location, depth, size and type of utility crossed in mainline construction and in service line installation. 7. Depths of manholes from the ring to the bottom of the manhole and to each invert of pipes entering/leaving the manhole. 8. Calculate/shoot the actual invert elevations of the pipes in the manholes. 9. On a single sheet of the "Record Drawings" identify every type of material used in the project with as much information as possible. Add an additional sheet if necessary (shop drawing - fitting types, materials, model #). 10. Measurements of street widths and lengths, widths two to three times per block and show all lengths. 11. Corrected stationing to match as installed information for all water and sewer projects (match field measurements). 12. Corrected slopes for installed sewer lines. 13. Manhole rim elevations 14. Pipe casing locations-stationing, size, type, chock types elevations. 15. Flow fill locations-stationing and mix design. 3-11

71 The CONTRACTOR shall not allow the site of the work to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction period. The City Project Representative shall have the right to determine what is or is not waste material or rubbish and manner and place of disposal. On or before the completion of the work the CONTRACTOR shall, without charge therefore, tear down and remove all rubbish of all kinds from any of the tracts or grounds which he has occupied and shall leave them in first-class condition. 324 SUBSTITUTIONS If a CONTRACTOR or supplier wishes to supply equipment other than specified in these contract documents, he shall furnish to the ENGINEER, not less than twelve calendar days prior to the bid date, five copies of complete engineering details of the proposed substitutions, showing that all proposed substitutions meet the specifications as far as performance and compatibility with all other equipment in the system. The ENGINEER will verify the acceptable operation of the proposed equipment before accepting the substitutions. Unless the information is complete, (sales brochures will not be considered as complete engineering details), no examination will be made to quality a substitute and thus it will not be qualified. The ENGINEER will issue an addendum to all CONTRACTORS concerning accepted substitutes The Contract drawings have been prepared to fit specific equipment and may require structural, mechanical, electrical control, etc., changes. The CONTRACTOR or supplier shall include in his bid all costs necessary to complete the modifications of any nature. All costs necessary to complete the review of substitute items shall be borne by the CONTRACTOR. 325 UTILITIES The CONTRACTOR shall be responsible for furnishing all utilities to be used during the construction phase of the project. These utilities shall include but not be limited to electrical, water, telephone, gas, and sanitary facilities, and all costs involved in securing and using said utilities shall be the cost of the CONTRACTOR. 326 QUANTITIES AND VARIATION OF BID QUANTITIES The ENGINEER'S estimate of quantities appearing in the Bid Schedule is approximate only and is intended to serve as a guide in evaluating the bids. The CONTRACTOR shall not at any time make claim for additional payments or consideration because of a misunderstanding regarding the nature or amount of work to be done. 3-12

72 The quantities shown in THE BID SCHEDULE(S) are estimated quantities and the final pay quantities may vary from those shown in the BID SCHEDULE(S). The OWNER reserves the right to increase or decrease the actual quantities as site conditions warrant. Because of the nature of the work, these quantities are estimates only. This document does not represent a written guarantee of the quantities listed in the BID SCHEDULE(S). The final contract price will be determined using the final pay quantities computed by the ENGINEER and the unit prices bid by the CONTRACTOR. The OWNER and CONTRACTOR may negotiate unit prices for specific items that over or under-run the bid quantity by more than 30% for each individual bid item, except Lump Sum Bid Items, Unsuitable Material, Unstable Backfill, Imported Backfill, Rock Excavation, Unclassified Excavation, Imported Borrow Excavation, Cement Treated Fill, Dye Testing, Exploratory Excavation, Erosion Control Blanket, and Unknown Utility Crossing, which will be paid at the Bid Schedule rates regardless of quantity variations. 327 RESTOCKING FEES No restocking fees will be paid by the OWNER or ENGINEER for materials that are not used in the completion of the project and are returned to the supplier. An exception to this condition may exist if the OWNER deletes an entire bid item after the project is awarded to the CONTRACTOR. 328 MATERIAL TESTING In addition to specific testing requirements outlined in these specifications, the following testing shall be performed by the OWNER or as specified by a recognized testing laboratory and shall be at the OWNER'S expense. The INITIAL compaction testing shall be at the OWNERS expense, FAILED testing are to be corrected at the CONTRACTOR S expense including the costs associated with retesting The frequency of all testing shall be in accordance with the Contract Documents or as specified herein Compaction tests required under Section 419, AGGREGATE SUB-BASES & BASE COURSE, shall be taken at not less than one (1) test per 300 square yards of surfacing per lift of material Compaction test required under Section 426, PLANT MIX PAVEMENT, shall be taken not less than one (1) test per 300 sq. yards of surfacing per lift material. 3-13

73 Compaction tests required under Section 417, AGGREGATEs, at least one test each for percentage wear and soundness are required to show that the aggregate meets project specifications. No material will be allowed if a test shows the minimum requirements are not met. Sieve analysis of the aggregate once in production shall require one test per 500 ton of material. If a sample does not meet the specifications additional sampling will be completed. All material produced from the time of testing indicating the material does not meet specifications until testing indicates the material does meet specifications will be rejected and not used in the work. 329 MATERIAL AND EQUIPMENT STORAGE The CONTRACTOR shall be responsible for acquiring storage area and parking area for all materials and equipment used for this project through the completion of the project. No extra payment will be made to the CONTRACTOR for securing storage/parking areas. Storage/parking within the City of Green River right of way will be allowed when approved by the City. Obstructions within the City right of way shall be marked, flagged, illuminated, or otherwise protected to prevent injury to the public. In the event stored materials/parking areas must be moved/relocated it shall be the responsibility of the CONTRACTOR to move/relocate the materials/parking areas. No compensation will be made to the CONTRACTOR for material moving or parking relocation. It is the CONTRACTOR S responsibility to coordinate with the parties allowing storage/parking to define the exact area that the CONTRACTOR will be allowed to use and for what period of time it will allow the area to be used. 330 RESPONSIBILITY REGARDING EXISTING UTILITIES AND STRUCTURES The CONTRACTOR shall be responsible for any damage to, and for the maintenance and protection of, existing utilities and structures and shall notify the utility companies prior to any excavation. 331 WORKING WITH ASBESTOS CEMENT (AC) PIPE BASIC PROTOCOL CONTRACTOR must comply with Department of Environmental Quality, Wyoming Air Quality Standards and Regulations Chapter 3, Section 8. Please see Appendices for REMOVAL AND DISPOSAL OF ASBESTOS CEMENT PIPE BY CONTRACTORS. 332 COORDINATE WITH THE CITY OF GREEN RIVER UTILITY DIVISION The CONTRACTOR shall coordinate with various departments of the City of Green River throughout the project. The Utility Division must be 3-14

74 contacted and approve any field alterations of its pipes, valves, and fittings prior to change. The Utility Division must be contacted and approve any alterations of the plans. Coordination with the city shall consist of contacting, identifying problems, and allowing for the city to review the same prior to it issuing approval. All such coordination shall be considered subsidiary to the other pay items of the project and no additional measurement and payment will be made by the OWNER. 333 ACKNOWLEDGEMENT OF DAILY REPORTS AND AGREED PAY ITEM QUANTITIES A sample daily report to be completed by the ENGINEER/City Project Representative is included in the Appendix. Daily reports will typically be made available to the CONTRACTOR by the ENGINEER within two (2) work days. Failure to acknowledge the receipt of the daily reports will be reported to the OWNER and may result in suspension of work at no additional cost to the OWNER for up to one week per occurrence. A major point of the daily report will be to provide pay item quantities. If the CONTRACTOR disagrees with the quantities shown on the daily report, the ENGINEER and CONTRACTOR are to field verify (when applicable) the quantities and adjust the daily report accordingly. If no agreement can be made, the CONTRACTOR and ENGINEER shall note it on the daily report and resolve the discrepancy within one (1) work day. 334 WYPDES CONSTRUCTION RELATED DISCHARGE PERMITS Construction projects which will disturb 5 acres or more require coverage under the State of Wyoming General Permit for Storm Water Discharges Associated with Large Construction Activities. Construction projects which will disturb 1 acre or more but less than 5 acres require coverage under the State of Wyoming General Permit for Storm Water Discharges Associated with Small Construction Activities. Contractor is responsible for obtaining coverage under the appropriate permit and maintaining compliance until Owner accepts the Work as complete. For additional information see or contact Barb Sahl at Certain construction activities such as dewatering, flushing, testing, and disinfection require coverage under the State of Wyoming General Permit for Temporary Discharges or under a separate discharge permit. Contractor is responsible for obtaining any necessary coverage and maintaining compliance. For more information see or contact Marcia Porter at CONSTRUCTION DELAYS/WORK STOPPAGE DUE TO WEATHER 3-15

75 The CONTRACTOR shall be responsible for maintenance of streets and drainage if there is a stoppage of work or construction delay related to weather. This shall include street maintenance for those areas with temporary surfacing over the winter. 336 FORCE ACCOUNT The ENGINEER may direct the CONTRACTOR to perform work under the Force Account line item. Payment to the CONTRACTOR for such work is compensation in-full for the work performed. Payment will be made to the CONTRACTOR based on hourly rates as submitted with his Bid, reviewed at the Pre-Construction Meeting and approved by the City. Hourly rates are to be submitted for each piece of equipment on the project and for all project employees Force Account work must be related to the base project and have approval prior to starting the work. Force Account will be placed in the project Bid Documents at an amount established by the City. Force Account work will be addressed for each occasion where it is needed to be used, Force Account items cannot be a running total throughout the project. The maximum amount of authorization for a specific Force Account work item cannot be greater than 10% of the Force Account line item or $20,000, whichever is greater If/when the amount of the Force Account line item is exceeded; the Governing Body must be presented with a Change Order to add additional funding to the project Determination of Force Account payment will be as follows: Labor -- labor will be paid at the rate submitted by the CONTRACTOR for each employee performing the work. Payment will be based on actual hours of labor, to the nearest one half hour each day. No stand by time for labor or equipment will be paid Materials -- materials will be paid for at the actual cost of the materials as approved for use. Transportation of materials is considered as an allowable cost. The total amount of materials and the transportation costs will be added and 15% will be added to that total. Payment for materials and transportation will not be made without invoices Equipment -- equipment will be paid for at the actual hourly rate as submitted by the CONTRACTOR for each piece of equipment agreed to be used and actually used for the work. No payment will be made for standby equipment. Payment will be based on the actual hours of 3-16

76 equipment used to the nearest one half hour each day. No stand by time for labor or equipment will be paid Equipment provided must be of satisfactory size to complete the Force Account work Rental equipment will be paid at the actual rental cost plus transportation to and from the project. 15% will be added to the total cost. Rental equipment and transportation requires invoices for payment Rental rates that are monthly will be divided by 176 to get the actual hourly rate. Payment will be for actual documented work hours Subcontractors--Use of Subcontractors to complete Force Account work requires the Subcontractor to follow the requirements of items labor, materials and equipment as listed above. The CONTRACTOR may add 5% to the invoices from Subcontractors that complete Force Account work Documentation of actual work hours for the labor, materials, and equipment must be verified by the City Project Representative. 337 PROGRESS PAYMENTS In accordance with W.S (a) (iv), before each progress payment is issued, the CONTRACTOR shall verify that all materialmen, subcontractors and laborers have been paid for completed work through the date of the most recent previous progress payment. Final payment cannot be made until the requirements of W.S , , and (h) are met. 338 RETAINAGE As authorized in W.S , the OWNER shall retain 10% of each progress payment until final completion of the project, at which time all held retainage will be released in accordance with Section 214 of the General Conditions. The CONTRACTOR may designate an interest bearing account for retainage in accordance with W.S , -704, and SITE EROSION AND SEDIMENT CONTROL MEASURES Every effort shall be made by Contractor and subcontractors to prevent and correct problems associated with erosion and runoff processes which could occur during and after project construction. The efforts should be consistent with applicable local ordinances and the Nonpoint Source 3-17

77 Pollution Control Guidance. Whenever appropriate, Contractor's efforts shall reflect the following engineering principles: (a) When appropriate, land grading and excavating should be kept at a minimum to reduce the possibility of creating runoff and erosion problems which require extensive control measures. (b) Whenever possible, topsoil should be removed and stockpiled before grading begins. (c) Land exposure should be minimized in terms of area and time. (d) Exposed areas subject to erosion should be covered as quickly as possible by means of mulching or vegetation. (e) Natural vegetation should be retained whenever feasible. (f) Early completion of stabilized drainage systems (temporary and permanent systems) will substantially reduce erosion potential. (g) Roadways and parking lots should be paved or otherwise stabilized as soon as feasible. (h) Clearing and grading should not be started until a firm construction schedule is known and can be effectively coordinated with grading and clearing activity. 3-18

78 DIVISION 4 GENERAL SPECIFICATIONS

79 GENERAL SPECIFICATIONS 401 SCOPE OF THE WORK The work to be performed under this contract is for a slurry seal application, full width on various streets in the City of Green River, as identified below The work includes, but is not limited to: the placement of a slurry seal application, plus any appurtenances, as directed by the City Project Representative Alternatives selected for incorporation into the work shall be at the City Project Representative's discretion and recommendation as approved by Owner The following page lists the work sites covered under this contract and the major emphasis of work to be performed. Based on funds available, additional work sites may be defined. See Appendix Location Map. 4-1

80 Slurry Seal 2018 STREET NAME FROM TO Sq FT SQ Yrds Pecan Dr Riverview N End Yates St Knotty Pine Waggner ,819 Brandner Cir Knotty Pine West End ,830 Spring View Dr Cliff View Trail ,189 Summer View Dr Cliff View Trail ,173 Montana Way E Teton South End ,512 S Wagonwheel/Singletree HitchingPost Tail ,860 N Wagonwheel/Singletree HitchingPost Trail ,828 Fallview Dr Cliff View Trail ,199 Barnhart St Uinta Monroe ,028 Andrews St Astle Jensen ,937 Bramwell St Astle Monroe ,768 Clark St Astle Uinta ,746 Jensen St Astle Andrews ,950 Mountain Fuel Station Rd Astle South End ,936 Honor Way Shoshone N End ,422 Crossbow Dr Hitching Post W Teton ,103 Firehole/Singletree Hitching Post Crossbow ,765 E Teton Blvd Astle Monroe ,516 Hoover Dr Astle Astle ,486 Anvil Dr Shoshone Hitching Post ,842 TOTAL 93,

81 402 TESTING The Owner shall provide testing services for the construction of the Work through a separate contract with an independent testing laboratory Costs associated with retests of failed sections of Work shall be borne by the Contractor. These shall be determined on a pro- rata basis of the Owners total cost. Payment shall be by deduction from appropriate payments due Contractor. 403 WORK HOURS Work under this contract shall be performed between the hours of 7:00 A.M. and 7:00 P.M. The City Project Representative may authorize Work to be performed at other times as necessary Maintenance of equipment shall be done within the time set forth above. 404 STAGING AREA The City of Green River will provide the staging area for the project. The staging area will be across East Teton in the area of the Streets Division material area If the Contractor elects to use other staging areas, the Contractor shall be responsible for obtaining a site, if required, suitable for this purpose. If private property is used, a copy of the signed written agreement between the Contractor and the private party, which specifies the conditions of such use, shall be given to the City Project Representative The Contractor shall be responsible for the maintenance, access and clean up of the site. These specific items are to be addressed in the agreement between the contractor and the property owner. 405 PERFORMANCE SPECIFICATIONS FOR EMULSIFIED ASPHALT SLURRY SEAL DESCRIPTION. The slurry seal shall consist of a mixture of an approved emulsified asphalt, mineral aggregate, water and specified additives, proportioned, mixed and uniformly spread over a properly prepared surface as directed by City of Green River. The completed slurry seal shall leave a homogeneous mat, adhere firmly to the prepared surface, and have a friction resistant surface texture throughout its service life. 4-3

82 ASPHALT EMULSION. The asphalt emulsion shall be CQS-lh. Each shipment of emulsified asphalt shall be accompanied by a certificate of analysis/compliance from the manufacturer. The asphalt emulsion shall meet all applicable requirements of Slurry Seal Specifications MINERAL AGGREGATE. The mineral aggregate shall be manufactured crushed stone that is free from dirt, organic matter, clay balls, adherent films of clay, dust or other objectionable matter. The mineral aggregate shall meet all applicable requirements of Mineral Aggregate Specifications MINERAL FILLER. Portland Cement, hydrated lime, limestone dust, fly ash or other approved filler meeting the requirements of ASTM D242 shall be used if required by the mix design. The mineral filler shall be considered as part of the mineral aggregate. It shall be used for one or more of the following reasons only: to improve the gradation of the aggregate to provide improved stability and workability of the slurry, or to increase the durability of the cured slurry SET CONTROL ADDITIVE. The set control additive shall be aluminum sulfate or Portland type 1/11 cement. It shall retard the set when a cationic emulsion is used, or accelerate the set when an anionic emulsion is used. The quantity of set control additive shall be field adjusted to provide the specified mix properties WATER. Water for the slurry mixture shall be clear, potable, free from harmful soluble salts, and compatible with slurry mixture. Owner will provide City water for Contractor's use on this project at delivery points designated by the City Utility Department WEATHER LIMITATIONS. The slurry seal shall not be applied if either the pavement or air temperature is below 50º F (10º C) and falling, but may be applied when both pavement and air temperature are above 45º F (7º C) and rising. No slurry seal shall be applied when rain is threatening or when there is danger that the finished product will freeze within 24 hours. The mixture shall not be applied when weather conditions prolong opening to traffic beyond a reasonable time SLURRY SEAL MIXTURE. The slurry seal shall consist of a mixture of emulsified asphalt; mineral aggregate; mineral filler, if required; set control additive; and water conforming to Slurry Seal Specifications and Mineral Aggregate Specifications. The mixture shall be proportioned, mixed and spread evenly on a prepared surface in accordance with these specifications or as directed by the City Project 4-4

83 Representative. The completed slurry seal shall leave a homogeneous mat, adhere firmly to the prepared surface, and have a friction-resistant surface texture throughout its service life. The equipment, tools, and machines needed in the performance of the work shall be provided by the Contractor and shall be maintained in a satisfactory working condition at all times. Descriptive information on the slurry mixing and applying equipment to be used shall be submitted to the City Project Representative for approval not less than ten (10) days before the work starts. (a) Job Mix Design. Sources of all materials shall be selected prior to the time when the mix design is prepared and the materials are required to be used in the work. No slurry mixture shall be placed until a mix design submitted by the Contractor has been approved by the City Project Representative. The exact proportions of asphalt emulsion, aggregate, mineral filler, additives, and water to be used in the preparation of the slurry seal shall be determined by an approved testing laboratory experienced in designing Emulsified Asphalt Slurry Seal Surfacing. Compatibility of the aggregate, emulsion, mineral filler and other additives shall be verified by the mix design. The mix design shall be made with the same aggregate gradation that the Contractor will provide on the project. Mix design preparation and certification shall conform to and of this volume. After the mix design has been approved, no substitution will be permitted unless approved by City Project Representative. Mix design shall be at the expense of the Contractor. The approved slurry mix shall be homogeneous mixture, sufficiently stable during the entire mixing/spreading period so that the emulsion does not break, there are no segregation of the fines from the coarser aggregate, and the liquid portion of the mix does not float to the surface. The amount and type of asphalt emulsion to be blended with aggregate shall be determined by the laboratory mix design. The set control additive shall be introduced into the slurry mix by an approved method that will assure uniform distribution and proper control. The exact amount shall be determined by conditions in the field and indicated in the mix design. A minimum amount of water, added as specified by the City Project Representative, shall be used as necessary to obtain a workable and homogeneous mixture. The slurry mixture shall show no signs of uncoated aggregate or premature breaking of emulsion when applied to the pavement surface. (b) Sampling and Testing. Suitable sized samples of aggregate, bituminous material, and a mineral filler shall be submitted, for approval not less than ten (10) days before the work starts. All samples of materials 4-5

84 shall be supplied by the Contractor at his expense, and all tests necessary to determine conformance with requirements specified shall be performed without cost to the Owner. Additional samples of materials and test results shall be furnished as directed by the City Project Representative during progress of the work. The Contractor will notify the Owner immediately if any test fails to meet the specifications. If it is established that a satisfactory mixture meeting the requirements specified herein cannot be produced from the materials furnished, the materials shall be rejected and the Contractor shall submit new samples and a new mix design. The new mix design shall be provided at no cost to the Owner. (c) Preparation of Surface. Prior to applying the slurry seal, the existing pavement surface shall be cleaned of all loose material, silt deposits, oil spots, vegetation, and all loose or objectionable material. Traffic paint on the surface to be treated, which is not tightly bonded to the surface, shall be removed. Loose material in cracks shall be removed by the use of compressed air (90 p.s.i. at the nozzle) immediately before sweeping or vacuuming operations. Water flushing shall not be permitted in areas where considerable cracks are present in the pavement surface. The surface shall be cleaned with a self-propelled pick-up sweeper. The Project Manager shall give final approval that the surface has been properly prepared prior to the application of the slurry; this approval shall not relieve the Contractor from responsibility as outlined above. Manholes, valve boxes, drop inlets, valley gutters and other service entrances shall be protected from the slurry seal by placing Fibreen Grade 208-SD-10 reinforced, waterproof all- purpose paper as manufactured by the Fortifiber Corporation or other suitable material approved by the Project Manager. Samples of the material to be used shall be submitted with the mix design. The paper shall be held in place with spray glue and removed within twenty-four (24) hours after the slurry seal has cured. The Contractor's cost for the performance of items in Section C Preparation of Surface shall be considered incidental to the slurry seal work, no additional payment will be made for surface preparation. (d) Mixing Unit. The slurry seal shall be mixed and applied with a machine designed and manufactured to lay slurry seal with a minimum aggregate capacity of eight (8) cubic yards to reduce the number transverse joints. The slurry mixing machine shall be a continuous flow mixing unit, capable of delivering accurately predetermined proportions of aggregate, water, asphalt emulsion and minimal filler (if needed) to a revolving spiraled multi-blade mixer tank and of discharging the thoroughly mixed product on 4-6

85 a continuous basis. The machine shall have separate tanks for emulsified asphalt and water, along with pumps for these materials. The mixing unit shall be capable of thoroughly blending all ingredients together without violent action. The mixing machine shall be equipped with an approved fines feeder that provides an accurate metering device or method of introducing a predetermined proportion of mineral filler into the mixer as the aggregate is fed in. The fines feeder shall be used when mineral filler is part of the aggregate blend. The mixing machine shall be equipped with a water pressure system and fog type spray-bar. The machine shall be capable of mixing materials at pre-set proportions regardless of the speed of machine and without changing machine settings. The machine shall have sufficient storage capacity for aggregate, emulsified asphalt, mineral filler, control additive and water to maintain an adequate supply to the proportioning controls. Each mixing unit to be used in performance of the work shall be calibrated prior to construction. Previous calibration documentation covering the exact materials to be used may be accepted, provided it was made during the current calendar year. The documentation shall include an individual calibration of each material of various settings, which can be related to the machine metering device(s). Copies of calibration documentation are to be provided prior to the application of the slurry seal. Attached to the mixing machine shall be a mechanical-type squeegee distributor, having a rubber-like material in contact with the surface to prevent unwanted egress of slurry. It shall prevent loss of slurry on varying grades and crown by adjustments to assure uniform spread. An appropriate mechanical device for lateral distribution of the slurry shall be operated within the spreader box. There shall be a steering device, a flexible strike-off and a burlap or other approved drag. The spreader box shall be adjustable to various widths from eight (8') feet upward to minimize the number of longitudinal joints. The box shall be kept clean; cured slurry seal shall not be allowed to collect in the spreader box. All equipment, tools and machines used in performance of this work shall be maintained in satisfactory working condition at all times to ensure a high quality product. (e) Mix Preparation. All aggregate material shall be processed through a half-inch screen immediately prior to its loading into slurry mixing trucks. The Contractor shall insure that all oversized aggregate particles and other objectionable matter are removed from the mineral aggregate utilized in the slurry mix. The aggregate shall be moistened immediately prior to mixing with the emulsion. (f) Application. Sufficient quantities of the slurry seal mixture shall be fed into the spreader box so that uniform and complete coverage of the 4-7

86 pavement is obtained. The slurry seal machine shall be operated at such a speed that the slurry in the spreader box shall not exceed a total mixing time of four (4) minutes and the volume shall remain essentially constant. The slurry seal shall be placed at a rate of pounds of aggregate per square yard, with an average application rate of 18 pounds per square yard. If a uniform thickness cannot be met with one application due to irregularities in pavement surface, multiple applications shall be made. Where multiple applications are required, as determined by the City Project Representative, each application shall be thoroughly cured before another application is placed. Any additional applications will be paid at the unit price bid. No streaks caused by oversized aggregate particles or buildup of slurry on squeegees shall be left in the finished surface. The Contractor shall have a foreman/supervisor on site during spreading of slurry seal; the foreman/supervisor is to have experience with slurry seal and a working knowledge of the equipment, materials and application procedures. (g) Joints. The longitudinal joint between adjacent lanes shall have no visible lap, pinholes, or uncovered areas. Thick spots caused by overlapping shall be smoothed immediately with hand squeegees before the emulsion breaks. Overlays, which occur at transverse joints, shall also be smoothed before the emulsion breaks, so that a uniform surface is obtained which contains no breaks or discontinuities. (h) Production. The Contractor shall have the capability and resources to average a minimum of 20,000 square yards of slurry seal application per ten (10) hour day. (i) Lines. Care shall be taken to insure straight lines along curbs and shoulders. A 2-inch overlap will be required on the curb to seal joint at asphalt and concrete interlock. No runoff on these areas will be permitted. Lines at intersections shall be kept straight to provide a good appearance. (j) Handwork. Approved hand squeegees, with burlap drags, shall be used to spread slurry in areas not accessible to the slurry spreader box. Care shall be exercised in leaving no unsightly appearance from handwork. (k) Curing. Treated areas will be allowed to cure from four (4) to twentyfour (24) hours or until the treated pavement will not be damaged by traffic. The Contractor will protect the area for the full curing period with suitable barricades or markers. Areas, which are damaged within 24 hours 4-8

87 or prior to moving to new map area, shall be repaired by the Contractor at his expense. (l) Cleanup. All material swept or blown onto the sidewalks, all trash, all discarded slurry seal material, all paper covering valve boxes and manholes or other refuse shall be collected on a daily basis, removed from the site and disposed of to a site approved by the City Project Representative SLURRY SEAL SPECIFICATIONS. Slurry seal and its components shall conform to the requirements of Table 1 when tested in accordance with AASHTO, ASTM and ISSA procedures. TABLE 1 SLURRY SEAL Test On Emulsion Test Method Requirements 77F, SFS sec. AASHTO T59 / ASTM D Residue by distillation, weight % AASHTO T59 / ASTM D Minimum Sieve test AASHTO T59 / ASTM D Maximum Settlement, 24 hour, weight % AASHTO T59 / ASTM D244 1 Maximum Test On Residue 77F, 100 g, 5 sec. AASHTO T49/ ASTM D Solubility in trichloroethylene, % ASTM D Minimum 77F, cm. ASTM D Minimum Softening Point, F AASHTO T53 / ASTM D Minimum Test On Slurry Seal Mixture Residual Asphalt, % of dry weight of aggregate System compatibility ISSA T116 Pass Mix 77F ASTM D3910 / ISSA TB113 Controllable to 180 sec. Minimum Consistency, flow ASTM D3910 / ISSA TB cm. Set Time, minutes ASTM D Maximum Wet Cohesion, 30 minutes ISSA TB kg*cm Wet Cohesion, 60 minutes ISSA TB kg*cm Wet Track Abrasion Loss ISSA TB g./sq.ft. Max. Wet Stripping ISSA TB Minimum Note: Softening point tested only when polymer modified emulsion is specified. 4-9

88 MINERAL AGGREGATE SPECIFICATIONS. Sampling of the mineral aggregate and mineral filler shall conform to AASHTO T2/ASTM 075 methods. All aggregate shall be from the same source. No field blending will be allowed. The mineral aggregate used shall be the type and grade specified. The aggregate shall be manufactured crushed stone such as granite, slag, limestone, chat or other high quality aggregate or combination thereof. To assure the material is totally crushed, 100% of the parent aggregate will be larger than the largest stone in the gradation to be used. When tested in accordance with the following tests, the mineral aggregate shall meet the following requirements: MINERAL AGGREGATE GRADATION PROPERTY TEST METHOD SPECIFICATION Sand Equivalent AASHTO T176/ASTM D minimum Plasticity Index ASTM D4318 NP Soundness, % AASHTO TI04/ASTM C88 15 max(using NaSO) Abrasion Resistance,% AASHTO T96/ASTM C maximum* *The abrasion test is to be run on the aggregate before it is crushed. When tested in accordance with AASHTO T27 and T11/ASTM C136 and C 117, the mineral aggregate with mineral filler shall conform to the requirements of ISSA Type III gradation as indicated below: SIEVE SIZE %PASSING SIEVE TOLERANCE 3/8" (9.5 mm) 100 No.4 (4.75 mm) % No.8 (2.36 mm) % No.16 (1.18 mm) % No.30 (600 µm) % No.50 (300 µm) % No.100 (150 µm) % No.200 (75 µm) % The percentage passing shall not vary from the high limit to the low limit on any two consecutive sieves. The percent passing each sieve shall not vary by more than the stockpile tolerance and still remain within the gradation bond. The aggregate will be accepted at the job location or stockpile. The stockpile shall be accepted based on five gradation tests according to AASHTO T2 (ASTM 075). If the average of the five tests is within the gradation tolerances, then the materials will be accepted. If the tests show 4-10

89 the material to be out, the contractor will be given the choice to either remove the material or blend other aggregates with the stockpiled material to bring it into specifications. Materials used in blending must meet the quality test before blending and must be blended in a manner to produce a consistent gradation. This will require a new mix design. Screening shall be required at the stockpile if there are any problems created by having oversize materials in the mix SET CONTROL ADDITIVES. Additives may be used to accelerate or retard the breakset of the slurry seal, or improving the resulting finished surface. The type and quantity of additives in the slurry mix shall be determined initially by the material mix design and conform to the applicable sections of ASTM D39l0 and ISSA TlO2 with field adjustments if required, after approval by City Project Representative METHOD OF MEASUREMENT. Slurry seal will be measured by the square yard. Quantities will be reviewed on a daily basis with the Contractor providing quantities applied and to which streets at the end each workday METHOD OF PAYMENT. The accepted quantities of slurry seal will be paid for at the contract price per square yard for slurry seal complete in place which shall be full compensation for furnishing all materials and for all labor, fuel, equipment, tools, mix design, material testing, surface preparation, cleanup and incidentals necessary to complete the work as specified in Section 505. Payment will be made under: Pay Item Slurry Seal, Type III Pay Unit Sq. Yd. 406 MOBILIZATION Payment by lump sum will be made for Mobilization as compensation for preparatory work or operations including, but not limited to, that necessary for the movement of personnel, equipment, supplies and incidentals to the project sites; for the establishment of facilities necessary for the Work, and for all other work and operations which must be performed, or for costs associated with such work and operations, prior to beginning on the various items of Work. 4-11

90 Measurement and payment for Mobilization shall be per the schedule below. Payment shall be by percentage of the lump sum price for Mobilization. Percent of Original Contract Percent Amount Completed Earned TRAFFIC CONTROL CONTRACTOR shall be responsible for providing adequate barricades of high visibility design, flares, lanterns, signs, flagmen, and pre-wiring devices to alert the public, motorists and pedestrians of hazardous conditions in accordance with the latest issue of the "Manual on Uniform Traffic Control Devices for Streets and Highways", published by the Department of Transportation. CONTRACTOR shall maintain a copy of said Manual on the project site at all times. Code of Ordinances for the City of Green River States: Section Barriers and warning devices for safety. It shall be the responsibility of the permittee to place and maintain such barriers and warning devices as may be necessary for safety. Such barriers and warning devices shall be designed and placed in accordance with the manual on uniform traffic control devices. Warning lights shall be used from sunset of each day to sunrise of the following day and shall emit light of sufficient intensity and frequency to be visible at a reasonably safe distance for safety The seal coat shall be applied to alternating streets to allow sufficient time for the bituminous material to set and bond to the existing street. Traffic will not be allowed on the newly placed bituminous material until the bituminous material has sufficiently set and bonded or the material has been allowed to set and bond for four (4) hours to prevent damage by such traffic. Areas, which are subject to an increased rate of sharp-turning vehicles, may require additional time to allow for a more complete cure of the slurry seal mat to prevent damage. Traffic control shall be moved ahead progressively, as the newly completed surface is open to traffic CONTRACTOR shall inform CITY PROJECT REPRESENTATIVE in advance of his proposed construction areas, street closures, and traffic plan. Prior to beginning construction, CITY PROJECT REPRESENTATIVE and CONTRACTOR shall view site to determine adequacy of traffic control measures. CITY PROJECT 4-12

91 REPRESENTATIVE shall approve the plan prior to beginning of construction The CONTRACTOR shall publish a notice in the Green River Star and announce on KUGR radio station the weekly slurry seal schedule. All homeowners and businesses affected by the paving shall be notified with a handbill delivered by the CONTRACTOR The CONTRACTOR shall designate a representative to be in charge of Traffic Control. This representative shall also be in charge of safety on the site. Adequate personnel shall be available to promptly move and set up traffic control equipment "Traffic Control" shall be measured by lump sum, including all work described in Section 406. Payment shall be at the contract lump sum for "Traffic Control" per below schedule: Percent of Original Contract Percent Amount Completed Earned

92 APPENDICES

93 AGREEMENT THIS AGREEMENT, made this day of, 2018, by and between CITY OF GREEN RIVER, hereinafter called "OWNER", and, hereinafter called CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned; 1. The CONTRACTOR will commence and complete the construction of 2018 SLURRY SEAL PROJECT; 2. The CONTRACTOR will furnish specified material, supplies, tools, equipment, labor, and other services necessary for the construction and completion of the PROJECT described herein; 3. The CONTRACTOR hereby agrees to fully complete the project within forty five (45) consecutive calendar days after specified start date as identified in the NOTICE TO PROCEED. CONTRACTOR further agrees to pay as liquidated damages, the sum of $500 for each consecutive calendar day thereafter; 4. The CONTRACTOR agrees to perform all of the work described in the CONTRACT DOCUMENTS and comply with the terms therein for the various unit prices as shown on the Bid Form. The total contract amount as shown on the Bid Form is $. 5. The term "CONTRACT DOCUMENTS" means and includes the following: (A) (B) (C) (D) (E) NOTICE AND CALL FOR BIDS PRE-CONSTRUCTION AGENDAS AND MINUTES BID FORM BID BOND AGREEMENT A-1

94 (F) (G) (H) PAYMENT BOND PERFORMANCE BOND NOTICE OF AWARD (I NOTICE TO PROCEED (J) (K) CHANGE ORDER PROJECT MANUAL prepared by CITY OF GREEN RIVER dated April, (L) (M) (N) (O) ADDENDA CERTIFICATE OF SUBSTANTIAL COMPLETION PUNCH LIST CERTIFICATE OF FINAL ACCEPTANCE 6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the Project Manual such amounts as required by the CONTRACT DOCUMENTS; 7. By execution of this Agreement, it is understood and agreed to between the parties that nothing contained herein, nor execution of this Agreement, constitutes a waiver by the City of Green River of its sovereign immunity under Wyoming law. 8. If either party hereto shall bring any legal action against the other to enforce any right or obligation based upon this Contract, the successful party in such legal action shall be entitled to recover a judgment therein for, and the unsuccessful party shall be obligated to pay, all of the cost and expenses of any kind and nature whatsoever incident to the prosecution of A-2

95 defense of such legal action and the preparation thereof, including a reasonable attorney fee; 9. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns; IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in (three) copies, each of which shall be deemed an original on the date first above written. (Seal) ATTEST: OWNER: By: Name: Pete Rust Title: Mayor, City of Green River Name: _Chris Meats (Please Type) Title: _City Clerk CONTRACTOR: (Seal) ATTEST: Name: (Please Type) By: Name: (Please Type) Address: A-3

96 NOTICE OF AWARD TO: Date: You are notified that your Bid dated, 2018 for the above Contract has been considered. You are the successful bidder and have been awarded a contract for the. The Contract Price of your contract is $. Three copies of each of the proposed Contract Documents accompany this Notice of Award. Three sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen days of the date of this Notice of Award, that is by, ) You must deliver to the OWNER three fully executed counterparts of the Agreement. 2) You must deliver with the executed Agreements, the Contract Security (Bonds) and Insurance as specified in the General Conditions (Division 2) and Supplemental Conditions (Division 3). 3) Workers Compensation Certificate and Unemployment Insurance 4) Certificate of Insurance coverage. Failure to comply with these conditions within the time specified will entitle the City of Green River to consider your bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within fifteen days after you comply with those conditions, OWNER will return to you one fully signed counterpart of the Agreement. City of Green River ACKNOWLEDGE: BY Randy Koloff, Streets Supervisor Authorized City Representative hereby acknowledges receipt of the Notice to Award (Contractor) and is aware of the project timing for completion. By Name Date

97 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Name of Contractor Address of Contractor hereinafter called Principal, and (Name and Address of Surety) hereinafter called Surety, are held and firmly bound unto Name of Owner City of Green River, Wyoming Address of Owner 50 East 2 nd North, Green River, Wyoming, hereinafter called OWNER, in the penal sum of Dollars, ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal entered into certain contract with the OWNER, dated the day of, 2018, a copy of which is hereto attached and made a part hereof for the construction of: 2018 Slurry Seal Project. NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal, and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the SPECIFICATIONS. PAYB-1

98 PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this, the day of, ATTEST: Principal Secretary (Principal) By (LS) (SEAL) Address Witness as to Principal Address ATTEST: Surety By Attorney-in-fact Witness as to Surety Address Address Wyoming Licensed Agent NOTE: Date of Bond must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Wyoming. PAYB-2

99 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that Name of Contractor: Address of Contractor: A (Corporation, Partnership, or Individual), hereinafter called Principal, and Name of Surety: Address of Surety: hereinafter called Surety, are held and firmly bound unto Name of Owner City of Green River, Wyoming Address of Owner City of Green River 50 East 2 nd North, Green River, Wyoming hereinafter called OWNER, in the penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal entered into a certain contract with the Owner, dated the day of 2018, a copy of which is hereto attached and made a part hereof for the construction of the 2018 Slurry Seal Project. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the owner all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder of the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, PB-1

100 extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one which shall be deemed an original, this the day of ATTEST: Principal Secretary (SEAL) Principal By (s) Address Witness as to Principal Address ATTEST: (Surety) Secretary (SEAL) By Attorney-in-fact Address Surety Witness as to Surety Address Wyoming Licensed Agent NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is a Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Wyoming. PB-2

101 NOTICE TO PROCEED DATE:, 2018 TO: ADDRESS: PROJECT: CONTRACT FOR: You are hereby notified that you are to begin work on the above referenced project on or before, This project is to be complete in forty-five (45) consecutive calendar days; therefore, the completion date of this project is, City of Green River (OWNER) By (AUTHORIZED SIGNATURE) Streets Supervisor ACKNOWLEDGE: hereby acknowledges receipt of the Notice to Proceed (Contractor) and is aware of the project timing for completion. By Name Date

102 CHANGE ORDER #1 PROJECT: DATE OF ISSUANCE: OWNER'S NAME: OWNER'S ADDRESS: City of Green River 50 East 2nd North Green River, WY CONTRACTOR'S NAME: CONTRACTOR'S ADDRESS: TYPE OF CONTRACT: You are directed to make the following changes in the Contract Documents. Description: Purpose of Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: Original Contract Price $ Previous Change Orders No. to No. Contract Price prior to this Change Order $ Net Increase (decrease) of this Change Order $ Contract Price with all approved Change Orders $ CHANGE IN CONTRACT TIME: Original Contract Time Net Change from previous Change Orders Contract Time prior to this Change Order Net Increase (decrease) of this Change Order Contract Time with all approved Change Orders RECOMMENDED: APPROVED: APPROVED: by: by: by: City Project Representative Owner Contractor CO-1

103 CERTIFICATE OF SUBSTANTIAL COMPLETION CONTRACT NO. Project: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: TO AND TO City of Green River OWNER CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, and CONTRACTOR, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached herein. This list may not be allinclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within forty (40) days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: Provide Contractor with punch list items to be completed within forty (40) days CONTRACTOR: Completion of items specified in punch list within forty (40) days

104 The following documents are attached to and made a part of this Certificate: This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR S obligation to complete the Work in accordance with the Contract Documents. CONTRACTOR accepts this Certificate of Substantial Completion on, CONTRACTOR BY: OWNER accepts this Certificate of Substantial Completion on, CITY OF GREEN RIVER, OWNER BY:

105 PUNCH LIST ITEM DESCRIPTION COMPLETION DATE INSPECTION DATE

106 CERTIFICATE OF FINAL ACCEPTANCE OWNER'S Project No.: Project: SLSL CONTRACTOR: Contract For: Contract Date: This Certificate of Final Acceptance applies to all Work under the Contract Documents or to the following specified parts thereof: TO: And TO: CITY OF GREEN RIVER OWNER CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representative of OWNER, and CONTRACTOR, and that Work is hereby declared to be complete in accordance with the Contract Documents on: DATE OF FINAL ACCEPTANCE The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance, and warranties shall be as follows: RESPONSIBILITIES: OWNER: Provide CONTRACTOR with list of faulty items found within a twelve (12) months period of the date of the Certificate of Final Acceptance. CONTRACTOR: Repair of any defective material or workmanship identified within twelve (12) months of Final Acceptance date. CONTRACTOR accepts this Certificate of Final Acceptance on. CONTRACTOR By: OWNER accepts this Certificate of Final Acceptance on. CITY OF GREEN RIVER OWNER By:

107 CEC O M M E R IN FUEL GRANT CIR W PECAN DR ST EP HE NS S T REYNOLDS ST WAGGENER ST BRANDNER CIR EASY CIR RIVER VIEW DR C O L L I ER C YATES ST KNOTTY PINE ST I R LOCUST RD LANDFILL ST CIR MAPLE ST JUNIPER ST S 4 TH W 1 - PECAN DR E A S Y HACKBERRY EVA N S D R F AIT H D R 2 - YATES ST 3 - BRANDNER CIR HUTTON ST 11 - ANDREWS ST IND HIIA N LLS HACKBERRY ST S T 14 - JENSEN ST DR HOPI CIR BLAKE ST S 5TH W I R ON WO O D ST ST JUNIPER B O U L D E R ST LOMBA R D DR HILLSIDE EVAN S S T DR ST HACKBERRY FIR MANSFACE ST PAWNEE CIR GREASEWOOD ST 21 - ANVIL DR 18 - FIREHOLE PL/ SINGLE TREE DR 9 - FALL VIEW DR K E ST P OW E L L EVANS I T H MILLER ST CIR COMMANCHE ELM WILKES DR 5 - SUMMER VIEW DR S 4TH W VOLUNTEER ARAPAHO E 4 - SPRING VIEW DR LN CIR N FAW N CI R 4TH W W 3RD S VALLE Y DR C E D A R ELK S T ROO SE VELT DR ST WASHAKIE D O E W ST AVE S T D R DR W R AIL R O A D AV E 2 N D S B EAR CT N 3RD W CEDAR CIR S CENTER ST D R AS PE N ST AP A CHE AVE CLIFF VIEW DR FOX HILLS DR FALL N RIVER VIEW DR B I RC H S T N O L A N ST CARIBOU 2018 Slurry Seal City of Green River, Wyoming Prepared by Jason D Brown, City of Green River GIS Date: 4/13/2018 Path: U:\cgrgis\Projects\Departments\PublicWorks\Streets\Slurry_projects\2018\SlurryProjects2018.mxd BUCK U n i o n P a c i f i c S 2 ND E VIEW DR N CENTER ST B R A MW E LL ST MOUNTAIN VIEW CL EA R VIE W D R F A LL VIE W CIR ST W 2ND N TRAIL W 3RD N W FLAMING GORGE WAY DR LN GRANDVIEW DR COLLEGE 2ND W SUMMER WAY N 1ST W E 3 RD S PARK VIEW E 5TH S UINTA DR JEN S E N VIEW DR SPRING S 4TH E BARNHART VIEW DR ST WINTER E RAILRO AD AVE E 4 TH S HOOVERDR D VIEW DR S T ST R N CENTER ST S 5 TH E PINNACLE E 3RD N N 1 ST E LOGAN N 2 ND E E 2 N D S ASTLE AVE DR VIRGINIA CR E 3 RD N N 4 TH E R a i l r o 20 - HOOVER DR ASTLE AVE PELSER ST ANVIL ST FIREHOLE PL N WAGONWHEEL DR S WAGONWHEEL DR DR STAGE PL RIDGE CROSSING N 3 RD E SC HULTZ ST EVERS ST STATIO N R D MOU N TA CACTUS a d 13 - CLARK ST 15 - MOUNTAIN FUEL STATION RD ST SAGE MCKINLEY ST 12 - BRAMWELL ST CENTENNIAL HOBACK ST CE M E T ERY RD M ONROE AVE SHOSHONE AVE UPLAND WAY HITCHING POST DR S T CHUGWATER DR N AD A M S C RO S SB OW [ MIDWEST E 3RD N HONOR WAY 5TH E MEDICINE BOW DR SUNDANCE DR WIND RIVER WEST DR DR DR VIRGINIA PL S O U T H PHEA S AN T SARATOGA DR CITADEL ST ST 10 - BARNHART ST WILDERNESS CT 16 - HONOR WAY 17 - CROSSBOW DR 8 - N WAGONWHEEL DR/ SINGLE TREE DR 7 - S WAGONWHEEL DR/ SINGLE TREE DR C A R O L R HODE ISLAN D PL CONNECTICUT PL DELAWARE PL N 5 TH E JEFFERSON VI R G PENNSYLVA N I A CEMETE RY E 3RD N ST WILSON ST DR BRIDGER DR I O WA DR I N I A ,320 Feet 1 inch = 1,320 feet MESQUITE C IN A BLV D RD E F LA M ING G O R G E WAY DR WILSON AV E TETON BLVD I R ST P L NEVADA ST WIL SO N ST Map STREET NAME FROM TO Sq FT SQ Yrds ID 1 Pecan Dr Riverview N End Yates St Knotty Pine Waggener ,819 3 Brandner Cir Knotty Pine West End ,830 4 Spring View Dr Cliff View Trail ,189 5 Summer View Dr Cliff View Trail ,173 6 Montana Way E Teton South End ,512 7 S Wagonwheel/Singletree Hitching Post Tail ,860 8 N Wagonwheel/Singletree Hitching Post Trail ,828 9 Fallview Dr Cliff View Trail , Barnhart St Uinta Monroe , Andrews St Astle Jensen , Bramwell St Astle Monroe , Clark St Astle Uinta , Jensen St Astle Andrews , Mountain Fuel Station Rd Astle South End , Honor Way Shoshone N End , Crossbow Dr Hitching Post W Teton , Firehole/Singletree Hitching Post Crossbow , E Teton Blvd Astle Monroe , Hoover Dr Astle Astle , Anvil Dr Shoshone Hitching Post ,842 HOMESTEAD DR WILDERNESS TRL CUMORAH IOWA CIR MIS SI SS IP PI ST CONESTOGA WAY AL AS K A KIT CARSON SOUTH ALABAMA LOUISIANA WAY GEORGIA WAY FLORIDA DR D R DR DAVY DAKOTA ST G r E TETON BLVD TE NNESSEE LN DANIEL CROCKETT D R DR A KE NT UC KY S T BOONE DR 19 - E TETON BLVD MORAN DR OREGON 6 - MONTANA WAY RKANSAS D R M A RYLAND D R W Y O M ING e e n TOTAL 93,822 DR D R DR COLORADO GANNET CIR CALIFORNIA N RI VERBEN D C OL O RAD O D R WAY ST GREEN DR BRIDGER DR O K LAH O M A D R NEW HAMPSHIRE RIVER W AY R NORTH CIR COLOR A DO DR Slurry Projects 2018 DAKOTA LN WY OM IN G DR CALIFORNIA DR C A R OLINA W AY NORT H i v COLORADO NEBRAS K A S T WASHIN GTO N e ST ARIZONA ST I D A H O S T NEW M E XIC O S T This map is designed to provide information about the City of Green River. Every effort has been made to make this map as complete and accurate as possible. However, no warranty of fitness is implied. This map is for reference only, and is not a legal document. The City of Green River shall have neither liability nor responsibility to any person or entity with respect to any loss or damage in connection with or arising from the information contained on this map. r TEXA S W AY DR MONTANA WAY PALMER CT FMC ALEXANDRA CIR SCOTTS B OTTOM RD SP UR RD