Document Douglas_doc_6e87248b32

Page 1 of 41 HOT ASPHALT PAVING FOR 2015/2016 101 North 4th Street P.O. Box 1030 Douglas, Wyoming 82633 (307) 358-3462 (phone) (307) 358-6447 (FAX) JULY 1, 2015 THROUGH JUNE 30, 2016 PROJECT MANUAL FOR THE CITY OF DOUGLAS, WYOMING ---PAGE BREAK--- Page 2 of 41 TABLE OF CONTENTS & STREET TO BE PAVEED X Call for Bids (legal advertisement and detailed Notice) X Instructions to Bidders X General Provisions X Supplemental Specifications X Special Provisions X Other Contract Documents Drawings Addenda X Notice of Award X Agreement X Notice to Proceeds X Performance/Contractor’s Bond X Bid Forms: X Bid/Schedule of Prices X Signature Pages X Non-collusion Affidavit X Bid Bond X Bidder’s Checklist **All items checked are in this packet. STREETS TO BE PAVED: Type Location Overlay Oak Street from S. 2nd to S. 4th Streets, 644 ft. L X 46 ft. W Overlay Oak Street from S. 4th to S. 6th Streets, 773 ft. L X 46 ft. W Rebuild N. 4th Street from S. Antelope Creek to S. Antelope Creek, 1,239 ft. L X 45 ft. W ---PAGE BREAK--- City of Douglas Call for Bids Sealed bids for 2015/2016 Hot Mix Asphalt will be received in the office of the City Clerk until 2:00 p.m., Wednesday, August 26th, 2015, and read immediately thereafter in the Council Chambers at City Hall, 101 N. 4th St., Douglas, WY. Approved plans and specifications and form of contract documents may be obtained at the Public Works Dept., 420 W. Grant Street. Mail submitted bids to the City of Douglas, Attn: City Clerk, P.O. Box 1030, Douglas, WY 82633, or deliver to the City Clerk at 101 N.4th Street. The City reserves the right to reject any and all bids. Karen Rimmer, City Clerk Published: August 12th and 19th, 2015 ---PAGE BREAK--- Page 4 of 41 CITY OF DOUGLAS CALL FOR BIDS - (CONSTRUCTION) Sealed bids will be received from qualified contractors until 2:00 p.m., _July 29th, 2015, at the Office of the City Clerk and will be opened and publicly read aloud immediately thereafter in the Conference Chambers, City of Douglas, Wyoming, 101 North 4th Street, Douglas, Wyoming, For: Hot Mix Asphalt Paving For 2015/2016. Bid proposals delivered in person will be received ONLY at the Office of the City Clerk. Bids received AFTER the time fixed for bid reception will not be considered. All bids must be clearly marked: “Hot Mix Asphalt Paving for 2015/2016 with the bidders name and the time and date of the opening on the outside of the envelope. Approved Plans and Specifications and Form of Contract Documents may be obtained at the City of Douglas Public Works Department 420 West Grant Street, Douglas, WY 82633. The successful bidder will be required to adhere to the General Requirements and Covenants contained in the "Wyoming Public Works Standard Specifications", 2001 Edition, to all Codes and Ordinances of the City of Douglas, and to the Agreement, General Provisions, Special Provisions, Specifications and Drawings contained or referenced in this Contract Document. The CONTRACTOR shall include in the unit bid prices any compensating tax that must be paid. A certified check or Bid Bond in the amount of five percent of the total amount of the bid must accompany each bid. The City reserves the right to reject any and/or all bids, to waive any and/or all formalities, and accept any bid which best serves the interest of the City of Douglas. The policy of the City of Douglas is to provide and afford equal treatment and service to all citizens and assure equal employment opportunity based on ability and fitness to all persons regardless of race, creed, national origin, sex, physical or mental disabilities or age. This policy shall apply to every aspect of employment practices, employee treatment and public contact. No qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs or activities of the City of Douglas, or be subjected to discrimination. Pursuant to the American's With Disabilities Act, reasonable accommodation for persons with disabilities who wish to participate in these services, programs, or activities shall be made upon request to City of Douglas ADA Coordinator at Douglas City Hall, 101 North 4th Street, Douglas, Wyoming. The City of Douglas hereby notifies all bidders that it will affirmatively insure that pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, creed, color, sex, physical or mental disabilities, or national origin in consideration of an award. END OF SECTION ---PAGE BREAK--- Page 5 of 41 INSTRUCTION TO BIDDERS Sealed proposals shall be submitted as indicated in the Advertisements for Bids. Proposals shall be in ink on the form furnished and shall be enclosed in a sealed envelope endorsed with the name of the bidder, time and date of opening and the name of Contract. No change shall be made in the wording of the Proposal. Any explanatory matter which the bidder may wish to submit shall be in the form of a separate letter accompanying the Proposal. Bidders shall make a personal examination of the work site, the Drawings and Specifications, and other Contract Documents, and shall inform themselves by such means as they prefer as to the difficulties to be experienced in fulfilling the Contract, before submitting their bids. Submitting a bid creates a conclusive presumption that these things have been done. Any interpretation or correction of the Drawings and Specifications or of the other Contract Documents will be made only by written addendum to the Contract. Receipt of each addendum shall be acknowledged in the Bid Proposal. Neither the OWNER or Engineer will be responsible for verbal answers to any inquiries regarding the meaning of the Drawings or Specifications which may be given prior to the award of the Contract. Each person requesting an interpretation will be responsible for the delivery of the request to the OWNER. Each proposal shall be accompanied by a certified check, cashier's check, or Bid Bond acceptable to the OWNER IN AN AMOUNT NOT LESS THAN FIVE PERCENT of the Proposal, including allowances and additive alternates, payable without condition to the OWNER as a guarantee that the Bidder, if awarded the Contract, will execute the Agreement. The Proposal guarantee will be returned to all except the three lowest formal bidders within the ten (10) days after the formal opening of bids, and the remaining checks or bid bonds will be returned to the three lowest bidders within seven days after the OWNER and the accepted bidder have executed the Contract. The bidder whose proposal is accepted shall, within ten (10) calendar days after receiving notice of award, execute the Agreement in accordance with the Proposal and the other Contract Documents, and furnish a satisfactory bond conditional for the faithful performance of the Contract and for the payment of all obligations stipulated in WS 16-6 (Public Works and Contracts), in the amount of one hundred percent (100%) of the Contract amount, and executed on the forms contained herewith. The bidder shall guarantee all materials and equipment furnished and work performed for a period of one year from the date of final acceptance. The Bond shall remain in full force and effect through the guarantee period. In the event the bidder fails or neglects to execute the Contract as required, the OWNER will consider that the bidder has abandoned the Contract, and the Bid Bond accompanying his Bid may be immediately forfeited to the OWNER as liquidated damages for such failure or neglect. A bidder may withdraw his proposal at any time prior to the time set for the opening of the Proposals without penalty. ---PAGE BREAK--- Page 6 of 41 Prior to signing the Contract, the CONTRACTOR shall submit an overall construction schedule for the project. This construction schedule shall begin with the proposed date of signing the Contract. The completion date shall be the date specified in the Contract. The word "CONTRACTOR" means the person, firm or company to whom the award is made. Subcontractors as such will not be recognized. CONTENTS OF BID PROPOSAL FORMS Prospective bidders will be furnished with bid forms which will state the location and description of the contemplated construction; will provide an estimate of the various quantities and kinds of work to be performed and/or materials to be furnished; a schedule of items for which unit bid prices are asked, with places to indicate such prices; a signature page; a non-collusion affidavit; and, a bid bond form. EXAMINATIONS OF PLANS, SPECIFICATIONS, SITE WORK The bidder will examine carefully the sites, including material sites, of the proposed work, the proposal, plans and special provisions, specifications, addenda, and contract forms. The submission of a bid shall be conclusive evidence that the bidder has made such examinations and has investigated and is satisfied as to the conditions to be encountered, the character, quantity, materials to be supplied and equipment and labor to be used, and the requirements of the proposal, plans, special provisions, specifications and addenda for performance of the work in full. The bidder must be familiar with all Federal, State, and local laws and ordinances and regulations which in any manner might affect those engaged or employed in the work, the materials, equipment or procedures used in the work, or which in any other way would affect the conduct of the work. He is assumed to be familiar with such laws and regulations, and no plea of misunderstanding or ignorance of the law will be considered. The bidder shall determine from his examination the methods, materials, labor and equipment required to perform the work in full. If in the performance of the work, methods, materials, labor or equipment are required beyond those anticipated by the bidder, he will not be entitled to additional compensation. INTERPRETATION OF CONTRACT DOCUMENTS The documents forming the contract are intended to include a description of all labor and material reasonably necessary for the proper execution of the work. If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the plans, specifications or other documents, he may submit to the Representative a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery not less than five days prior to the date set for opening bids. Any interpretation of the proposed documents will be made by an addendum duly issued and a copy of such addendum will be mailed, faxed or delivered to each person receiving a set of the plans and specifications. Each bidder shall acknowledge receipt of each such addendum received in order to have the bid considered. The OWNER will not be responsible for any other explanations or interpretations of the proposed documents. ---PAGE BREAK--- Page 7 of 41 QUANTITIES AND UNIT PRICES The quantities, for which unit prices are indicated in the proposal form, are approximate only, and do not constitute a warranty or guarantee by the OWNER as to the actual quantities involved in the work. Such quantities are to be used for the purpose of comparison of bids and determining the amount of the performance bond. The OWNER expressly reserves the right to increase or decrease the quantities during construction as outlined in Specifications. The OWNER may make reasonable changes in design, providing such changes do not materially change the intent of the basic contract. The amount of work to be paid for shall be based upon the actual quantities performed. QUALIFICATIONS OF BIDDERS The bidder must be qualified by experience, financing and equipment to do the work called for in the plans and specifications. Whenever required in the special provisions, the bidder shall furnish a statement of his construction experience and his general ability to perform the work contemplated. The OWNER shall have the right to take such action as he may deem necessary in determining the ability of the bidder to perform the work satisfactorily. Upon request of the OWNER, a bidder whose bid is under consideration for award of a contract shall submit to the OWNER satisfactory evidence of financial resources, his construction experience and his organization available for performance of the proposed contract. INCREASE OR DECREASE OF WORK The OWNER reserves the right to make such alterations in the plans or in the quantities of work as may be considered necessary. Such alterations shall be submitted in writing to the CONTRACTOR by the Representative and shall not be considered as a waiver of any conditions of the contract, nor to invalidate any of the provisions thereof. When alteration requires the execution of a supplemental agreement, the agreement shall be fully executed before any work on the alteration is started. END OF SECTION ---PAGE BREAK--- Page 8 of 41 BID FORMS PROJECT IDENTIFICATION: HOT MIX ASPHALT PAVING FOR 2015/2016 THIS BID SUBMITTED TO: City Clerk FAX: [PHONE REDACTED] City of Douglas 101 North 4th Street P.O. Box 1030 Douglas, WY 82633 1) The following documents are attached to and made a condition of this Bid: a) Bid Schedule of Prices The unit price bid must be shown in the space provided. Show unit prices in both words and figures. b) Bidder Signature Sheet To be filled in and signed by the bidder. c) Non-collusion Affidavit Must be subscribed to and sworn before a Notary Public. d) Bond Accompanying Bid This form is to be executed by the bidder and the Surety company unless bid is accompanied by a certified check. The amount of this bond be no less than five percent of the total amount bid and may be shown in dollars or on a percentage basis. 2) The undersigned Bidder agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form similar to that included in the Contract Documents and to complete all Work as specified or indicated in the Contract Documents for the Contract Price within the contract time specified in the Instructions to Bidder. 3) Bidder accepts all the terms and conditions of the Advertisement for Bids and Instructions to Bidders, including those dealing with the disposition of Bid Security. This Bid will remain open for thirty (30) days after the day of Bid opening. Bidder will sign the Agreement and submit the Bonds and other documents required by the Contract Documents within fifteen (15) days after the date of Owner's Notice of Award. 4) In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, the Bidder has examined copies of all Bidding Documents and of the following addenda (receipt of which is hereby acknowledged). Addendum No. Dated Addendum No. Dated Addendum No. Dated ---PAGE BREAK--- Page 9 of 41 5) Bidder has examined the site and locality where the work is to be performed, the federal, state and local laws and regulations, and the conditions affecting cost, progress, or performance of the work and has made such independent investigations as Bidder deems necessary. 6) Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time, unless otherwise stated as provided below. Bidder agrees that such liquidated damages are not a penalty and that the amount provided is as close an estimate as possible to actual damages. Any exceptions or objections to this provision are stated in writing and attached hereto by Bidder. 7) Communications concerning this Bid shall be addressed to Bidder's Representative: (Please Print) Name Address Phone Fax 8) The following forms, samples of which are included in this Project Manual, are to be executed after the contract is awarded: a) Contract This agreement to be executed by the successful bidder. b) Performance/Contractor's Bond To be executed by the successful bidder and his Surety company. Appropriate City of Douglas contractor’s license To be executed by the successful bidder after award and before project start-up. ---PAGE BREAK--- Page 10 of 41 SCHEDULE OF PRICES Unit prices for all items, all extensions and total amount of bid must be shown. Show unit prices in both words and figures and where conflict occurs, the written or typed words shall prevail and the bid shall be adjusted accordingly. The final approved total amount allowed will depend on the amount budgeted for project or projects and not the total of the bid. In accordance the quantities may be adjusted up or down and not to exceed budgeted amount. Item No. Approximate Quantity Item with Unit Price to be Written in Words Unit Price Dollars/Cents Total Price Dollars/Cents 1. Base Bid Base bid amount Approximate tons: 21,935 Furnish and install type II hot mix asphalt three inch thick (contractor hauls) for: and per Ton. 2. Option Material to be used for maintenance. Approximate tons: 0 Price per ton for hot mix asphalt hauled by City of Douglas: and per ton 3. Option Prepare street for paving by grading and removing soft spots. Approximate: 13,437.3 SQ FT. Price per sq. yd to prepare street surface for asphalt pavement. __________Dollars and per sq. yd. 4. Option Repair soft spots by removing approx. 2’ deep of soft material. Approximate 500 SQ FT. Price per sq.yd. to remove soft spots, refill with suitable material and compact. and per sq. yd. 5. Option Milling asphalt pavement full depth. Approximate; 13,437.3 SQ FT. Price Per Sq. Yd. to mill and remove PMP. and per sq. yd. The City of Douglas retains the right to haul hot mix asphalt from a local supplier even if the local supplier was not the low bid of this item. Truck time and fuel costs will be taken into consideration for small quantities. Total Bid Price (In numbers and words): The above total price amount is based on approximate quantities, thus the above total bid price is not a binding amount due to changes that may take place with the quantities. Submitted on: , 20 . Bidder: ---PAGE BREAK--- Page 11 of 41 IF BIDDER IS: AN INDIVIDUAL By: doing business as: (Name) Address: Phone: A PARTNERSHIP By: (seal) (Firm Name) (General Partner) Business Address: Phone: A CORPORATION By: of (Corporation Name) (State of Incorporation) By: (Signature) (Title) ATTEST: (Corporate Seal) Business Address: Phone: A JOINT VENTURE By: Address: By: Address: (Each member of the joint venture must sign; attach additional sheet if necessary.) ---PAGE BREAK--- Page 12 of 41 NON-COLLUSION AFFIDAVIT - CONSTRUCTION STATE OF WYOMING ) )ss. NON-COLLUSION AFFIDAVIT COUNTY OF ) , being first duly sworn, in his oath says that the bid above submitted is a genuine and not a sham or collusive bid or made in the interest or on behalf of any person not therein named; and he further says that the said bidder has not directly or indirectly induced or solicited any bidder on the above work or supplies to put in a sham bid, or any other person or corporation to refrain from bidding; and that said bidder has not in any manner sought by collusion to secure to self an advantage over any other bidder or bidders. CONTRACTOR: WRITE NAME: PRINT NAME: On personally appeared before me, who is personally known, and is the signer of the above document, and he/she acknowledged that he/she signed it for the purposes therein expressed. (Seal) Notary Public My Commission Expires: ---PAGE BREAK--- Page 13 of 41 BID BOND – CONSTRUCTION KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, , as Principal, and as Surety, are hereby held and firmly bound unto the City of Douglas, Wyoming, as OWNER, in the penal sum of , for payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our successors and assigns. Signed, this day of , 20 . The condition of the above obligation is such that whereas the Principal has submitted to the City of Douglas, Wyoming, a certain BID, attached hereto and hereby made a part hereof, to enter into a contract in writing for the Hot Mix Asphalt Paving for 2015/2016. NOW, THEREFORE, a) If said BID shall be rejected, or b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a Performance/Contractor's BOND for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith and shall in all respects perform the agreement created by the acceptance of said BID, then this obligation shall be void. Otherwise, the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall in no way be impaired or affected by any extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL: By: (seal) SURETY: By: (seal) IMPORTANT: Surety companies executing BONDS must appear in the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Wyoming. ---PAGE BREAK--- Page 14 of 41 BIDDER'S CHECK LIST The bidder's attention is especially called to the following forms which must be executed in full as required: a) Proposal (Bid Form) i. The unit price bid must be shown in the space provided. Show unit prices in both words and figures. b) Proposal Signature Sheet i. To be filled in and signed by the bidder. c) Non-collusion Affidavit i. Must be subscribed to and sworn before a Notary Public. d) Bond Accompanying Bid i. This form is to be executed by the bidder and the Surety company unless bid is accompanied by a certified check. The amount of this bond be no less than five percent of the total amount bid and may be shown in dollars or on a percentage basis. The following forms are to be executed after the contract is awarded: a) Contract i. This agreement to be executed by the successful bidder. b) Performance/Contractor's Bond i. To be executed by the successful bidder and his Surety company. c) Appropriate City of Douglas contractor’s license i. To be executed by the successful bidder after award and before project s ii. Startup. ---PAGE BREAK--- Page 15 of 41 CITY OF DOUGLAS GENERAL PROVISIONS - CONSTRUCTION STANDARD SPECIFICATIONS The "Wyoming Public Works Standard Specifications" as prepared by the Wyoming Public Works Specifications Committee, 2001 Edition, shall be hereinafter referred to as the "Standard Specifications" and said Specifications together with the laws of the State of Wyoming, and the Ordinances and Codes of the City of Douglas, so far as applicable, are hereby included in these specifications as though quoted in their entirety and shall apply except as amended or superseded by the General or Special Provisions of this contract. Copies of these Standard Specifications are on file in the Public Works Department, 420 West Grant, and Planning Department, 101 N. 4th Street, Douglas, Wyoming, where they may be examined and consulted by any interested party. Wherever reference is made in the Standard Specifications to the OWNER, such reference shall be construed to mean the City of Douglas, and where reference is made to the Engineer, such reference shall be construed to mean the City Engineer or other designated representative of the City of Douglas. HEADINGS Headings to parts, sections, forms, articles, and sub articles are inserted for convenience of reference only and shall not affect the interpretation of the contract documents. ORDER OF PRECEDENCE In cases of conflicting information, the order of precedence shall be the Plans, Standard Specifications, and Provisions. FIELD CHANGES Any alterations or variances from the plans, except minor adjustments in the field to meet existing conditions, shall be requested in writing and may not be instituted until approved by the Owner's Representative. PROTECTION OF PUBLIC AND PRIVATE UTILITIES AND FACILITIES The CONTRACTOR shall support and protect by timbers, or otherwise, all pipes, conduits, poles, wires, or other apparatus which may be in any way affected by the work, and do everything to support, sustain and protect the same, under, over, along or across said work. In case any of said pipes, conduits, poles, wires, or apparatus should be damaged, they shall be repaired by the authorities having control of same and all expense incurred for such repairs shall be charged to the CONTRACTOR. The CONTRACTOR shall further be responsible for any damage done to any street or other public property, or to any private property, by reason of breaking any water, sewer or gas pipe, electric conduit, or other utility by, or through, negligence of the CONTRACTOR. Specific requirements in other sections of these specifications or special provisions shall prevail over the foregoing requirements in case of conflict. ---PAGE BREAK--- Page 16 of 41 UTILITY LOCATES Location and dimensions shown on the plans for existing underground facilities are in accordance with the best available information without uncovering and measuring. The OWNER does not guarantee the size and location of existing facilities. The CONTRACTOR shall be responsible for requesting locates with the utility companies as to the location of such utilities within the area of work. Plans show the general horizontal location of all underground utilities based on information provided by others. Failure to show the location of any utility on the plans shall not relieve the CONTRACTOR from the responsibilities above. The vertical location of conflicting utilities shall be conducted by the CONTRACTOR by pot holing random locations selected by the Engineer prior to any major excavation activities. It shall be solely the responsibility of the CONTRACTOR to fully coordinate work with utility companies. It shall be the Contractor's responsibility to arrange for utility locates forty-eight (48) hours prior to any excavation. Call Before You Dig 1-[PHONE REDACTED] Wyoming One-Call 1-[PHONE REDACTED] TRAFFIC CONTROL The CONTRACTOR shall be responsible for maintenance, control and safe-guarding of traffic within, and immediately abutting, the project as further defined herein, and as may otherwise be provided in special provisions. The posting of flagmen, advance warning signs, barricades, traffic cones, flashers, etc., shall be in accordance with the current edition of Part VI in the "Manual on Uniform Traffic Control Devices for Streets and Highways" prepared by the National Joint Committee on Uniform Traffic Control. The CONTRACTOR shall, at his own expense, provide all signs, barricades, guards, construction warnings, and night lights for work zone traffic control in order to protect the public at all times from injury as a result of his operations. If the CONTRACTOR should fail to maintain sufficient lights and barricades, any costs incurred by the OWNER for furnishing such items will be deducted from payments due to the CONTRACTOR. Detours within the limits of the project, such as on side street crossings, traffic channelization utilizing one lane of the traveled way for two-way traffic, shall be the responsibility of the CONTRACTOR, the costs of which shall be included in the unit bid price and no special compensation will be made. Emergency traffic such as police and fire shall be provided reasonable access at all times. The CONTRACTOR shall be liable for any damages which may result from his failure to provide such reasonable access. PUBLIC CONVENIENCE Streets may not be closed to through traffic unless elsewhere specified in these specifications or, authorized by the Owner's Representative. Streets shall not be closed to traffic unless such closures are made in such a manner as to provide maximum public safety and public convenience. Streets shall be ---PAGE BREAK--- Page 17 of 41 opened to through traffic on weekends, holidays, evenings, and such times as the work has been completed, or as specified by the Owner's Representative. Local traffic shall be provided access to private property at all times, except during those stages of construction when it is impractical to carry on the construction and maintain traffic simultaneously, such as for the placement of asphalt paving and deep sewer excavations which prohibit safe travel of vehicular traffic. PAYMENT TO THE CONTRACTOR The method of measurement and basis of payment will be as provided in the Standard Specifications and Supplemental Specifications. Payments to be made to the CONTRACTOR will be made in the manner stipulated in the Agreement, these General Provisions and Special Provisions. Applications for Payment shall be submitted in two parts, consisting of an Invoice and, a Progress Estimate. Progress estimates will be made by the CONTRACTOR, submitted to and concurred by the Owner's Representative for work completed and/or materials on hand. Invoices will be made by the CONTRACTOR, and submitted to the City Finance Department. Invoices shall be for the full amount indicated in the Progress Estimate. Adjustments for conditions differing from those reported in the Progress Estimate and/or for retainage to be withheld shall be determined by the Owner’s Representative and recommended to the City Council. Applications for Payment must be submitted by the 25th day of each month for presentation to the City Council for their approval at the first scheduled Council Meeting of the following month. FINAL PAYMENT Application for Final Payment may not be made until the Owner has accepted the work as complete in accordance with the plans and specifications of the Contract. The Application for Final Payment shall request payment of any remaining amounts due, including retainages previously withheld Actual Final Payment may not be made until the requirements of Wyoming Statutes 16-6-116, concerning public notices and a mandatory waiting period and 16-6-117, concerning the contractor’s statement have been met. In accordance with Wyoming Statute 16-6-116, upon receipt of Application for Final Payment, the Owner shall cause to be published in a newspaper of general circulation, published nearest the point at which the work is being carried out, once a week for three consecutive weeks, and also to post in three conspicuous places on the work, a notice indicating that the work has been accepted by the Owner in accordance with the plans and specifications and the contractor is entitled to final settlement. The notice shall also state that the contractor will be paid the full amount due under the contract upon the 41st day following first publication of the notice and, will specify such date. This section does not relieve the CONTRACTOR and the sureties of his bond from any claims for work or labor done or materials or supplies furnished in the execution of the Contract. In accordance with Wyoming Statute 16-6-117, after acceptance of the work by the Owner and before Final Payment may be made, the CONTRACTOR shall file with the Douglas City Clerk a sworn ---PAGE BREAK--- Page 18 of 41 statement setting forth that all claims for material and labor performed under the contract have been and are paid for the entire period of time for which the final payment is to be made. The sworn statement shall state any disputed claim for material and/or labor and, the amount disputed shall be deducted from the final payment and retained by the Owner until the determination of the dispute, either by judicial action or consent of the parties, and then paid to the persons found entitled thereof. SCHEDULING OF WORK Immediately after execution and delivery of the contract, and before the first partial payment is made, the CONTRACTOR shall deliver to the Engineer, if requested, an estimated construction progress schedule in form satisfactory to the Engineer, showing the proposed dates of commencement and completion of each of the various pay items of work required under the Contract Documents and the anticipated amount of each payment that will become due to the CONTRACTOR in accordance with the progress schedule. The CONTRACTOR shall also furnish periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in preparing any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions or deductions from the Contract. Should it become evident that the CONTRACTOR may fall behind the construction schedule, the CONTRACTOR shall submit a revised schedule indicating operations, methods, overtime, or additional labor by which lost time will be made up. Payments of future estimates will be withheld until an approved schedule has been submitted. Execution of the work according to the accepted schedule of completion, or approved modification, is hereby made an obligation of the Contract. Time lost due to non-working days, i.e., adverse weather conditions, etc., shall not excuse the obligation of the CONTRACTOR to adhere to the original, or revised, schedule of completion. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE The CONTRACTOR shall obtain and keep in force during the term of the Contract, public liability and property damage insurance, in companies and in form to be approved by the OWNER. Said insurance shall provide coverage to CONTRACTOR, any subcontractor performing work provided by this contract, and the OWNER. The OWNER shall be named as an additional insured on said policy insofar as the work and obligations performed under the contract are concerned. The coverage so provided shall protect against claims for personal injuries, including accidental death, as well as claims for property damage which may arise from any act or omission of the CONTRACTOR, or the subcontractor, or by anyone directly or indirectly employed by either of them. The minimum policy limits of such insurance shall be as follows: a) Bodily injury liability coverage with limits of not less than $1,000,000 for bodily injury, including accidental death, to any one person, and subject to that limit for each person, in an amount not less than $500,000 for each accident; and property damage coverage in an amount of not less than $1,000,000 for each accident. A copy of the insurance policy, together with a copy of the endorsement naming the OWNER as an additional insured, shall be provided to the OWNER prior to commencement of work. ---PAGE BREAK--- Page 19 of 41 ACT OF GOD "Act of God" means an earthquake, flood, tornado, or other phenomenon of nature. A heavy rain, windstorm, high water, or other natural phenomenon of unusual intensity for the specific locality of the work, which might have been anticipated from historical records of the general locality of the work, shall not be construed as an Act of God. OR EQUAL Where the term "or equal" is used herein, the OWNER, or the OWNER on recommendation of the Engineer, shall be the sole judge of the quality and suitability of the proposed substitution. WRITTEN NOTICE Written notice to the CONTRACTOR shall be deemed to have been duly served if delivered in person to the individual, or to a partner of the firm, or to an officer of the Corporation, or a member of the Joint Venture, of the CONTRACTOR, or if sent by First Class United States Mail to the business address or by Facsimile (FAX) to the FAX number shown in the Contract Documents. Written notice to the OWNER shall be deemed to have been duly served if delivered in person to an executive official of the OWNER or the Owner's Representative, or if sent by First Class United States Mail to the business address or by Facsimile (FAX) to the FAX number shown in the Contract Documents. BID BOND Each bid must be accompanied by a bid bond on the forms included herewith, equal to five percent of the bid amount executed by a Surety or Guarantee Company authorized to do business in the State of Wyoming, naming the OWNER as payee and providing for full forfeiture in the event bidder shall: fail to execute contract documents within 30 days following the letting of the bid; fail to proceed with the performance of the contract; or, fail to provide an acceptable Performance/Contractor's Bond. A cashier's check or irrevocable letter of credit drawn upon a Wyoming banking institution and payable to the OWNER may be substituted for a bid bond on bids less than $100,000.00 (Wyoming Statute 15-1- 113(f). No bid will be considered unless accompanied by bid bond. PERFORMANCE/CONTRACTOR'S BOND The successful bidder shall furnish to the OWNER a PERFORMANCE/CONTRACTOR'S bond on the forms included within, as set forth in Wyoming Statute 15-1-113 and 16-6-112, in an amount equal to the amount of the bid, executed by a Surety or Guaranty Company authorized to do business in the State of Wyoming. In the event the bid is less than $100,000.00, other forms of guarantee may be submitted subject to the prior acceptance and approval of the OWNER. This bid and all subsequent contracts or agreements are subject to the provisions of Wyoming Statute 15-1-113 (1977) as amended, which statute is incorporated herein by this reference. WYOMING STATUTE 16-6 {Public Works and Contracts} This bid and all contracts or agreements entered into pursuant to this bid are subject to the provisions of Wyoming Statute 16-6 (1977) as amended. The successful bidder shall be responsible to comply with said statute in all respects. CONTRACTOR'S OBLIGATION CONTRACTOR, subcontractors, and suppliers conducting business with the OWNER shall affirm and subscribe to the Fair Practices and Non-Discrimination policies of the OWNER. ---PAGE BREAK--- Page 20 of 41 COMPLETION AND ACCEPTANCE Prior to acceptance, the CONTRACTOR must provide a written request that the OWNER inspect the work for completion. Upon finding all specified work has been completed with the exception of minor items such as cleanup, and other items deemed by the OWNER to be minor in nature and, the OWNER may receive full beneficial use of all the work, the OWNER shall certify the work to be substantially complete and shall provide a written, Notice of Substantial Completion, to the CONTRACTOR along with a "punch list" of deficiencies for correction by the CONTRACTOR, with a required completion date. Upon such notice, the CONTRACTOR shall relinquish full beneficial use to the OWNER, the CONTRACTOR’S one year guarantee period shall commence, accrual of time against the project shall stop. If all corrective work has not been completed by the stipulated date, time accrual shall recommence and will continue until the work is completed. The CONTRACTOR shall submit additional requests for inspection, as necessary. The OWNER, following the CONTRACTOR’S initial or subsequent request for inspection and upon finding that all requirements have been satisfied and that no additional corrections are required, shall recommend to the Mayor and City Council that the work be accepted and final payment procedures pursuant to W.S. 16-6-116 be initiated. END OF SECTION ---PAGE BREAK--- Page 21 of 41 CITY OF DOUGLAS SPECIAL PROVISIONS - CONSTRUCTION Special provisions hereinafter contained supersede any conflicting provisions of the Standard Specifications, and the foregoing amendments to the Standard Specifications are hereby made a part of this contract. SUBCONTRACTORS AND SUPPLIERS A list of subcontractors and suppliers that will be involved with this project shall be given to the Engineer for review and approval immediately after the contract has been awarded. This list must be received by the OWNER before the contracts may be signed. PRE-CONSTRUCTION CONFERENCE Prior to the start of construction, the OWNER, the CONTRACTOR(s), Engineer, all subcontractors, utility companies, Police Department, Fire Department, and other interested parties shall attend a pre- construction conference, time, place and date to be determined after awarding the Contract(s). Subsequently, a representative of the CONTRACTOR shall attend (if requested) a weekly conference to review progress and discuss any problems that may be incurred. OWNER'S REPRESENTATIVE The name, business address, telephone number and fax number of the OWNER'S REPRESENTATIVE for this project are: John Harbarger – Public Works Director Steve Martinez – Streets and Alleys Supervisor 420 West Grant Street Douglas, WY 82633 (307) 358-9750 - Phone (307) 358-5544 - Fax SANITATION FACILITIES The CONTRACTOR shall provide and maintain in a neat and sanitary condition such accommodations for the use of his employees as may be necessary to comply with the requirements and regulations as enforced. The CONTRACTOR shall not allow such facilities to become a public nuisance. All expenses incurred in supplying access, parking, and sanitation facilities shall be considered as incidental to the project and no compensations will be made. DELIVERY OF TICKETS All delivery tickets that are required for the purpose of calculating quantities for payment must be received by the Owner at the time of delivery. By Truck Delivery tickets must show: type of material, gross weight, tare weight, truck number, date, and Inspector's initials in order to be considered for payment. Scale certification shall be submitted as early in the project as possible. ---PAGE BREAK--- Page 22 of 41 In isolated cases where truck scale weight is not available, the inspector shall measure the truck volume and certify to its full load delivery. By Other Means Method for measurement and payment for material brought to the site by any other means will be determined by the CONTRACTOR-OWNER agreement before award of Contract. EASEMENT AND RIGHTS-OF-WAY The OWNER will obtain all easements and franchises required for the project. CONTRACTOR shall limit his operation to the areas obtained and shall not trespass on private property. LAND PROVIDED BY OWNER The OWNER may provide certain lands, as indicated in connection with the work under the contract, together with the right of access to such lands. The CONTRACTOR shall not unreasonably encumber the premises with his equipment or materials. LAND PROVIDED BY CONTRACTOR The CONTRACTOR shall provide, with no liability to the OWNER, any additional land and access thereto not shown or described that may be required for temporary construction facilities or storage of materials. The CONTRACTOR shall construct all access roads, detour roads or other temporary works as required by his operations. The CONTRACTOR shall confine his equipment, storage of materials, and operations of his workers to those areas shown and described and such additional areas as he may provide. RESTORATION OF STRUCTURES AND SURFACES GENERAL: All construction work under this Contract on rights-of-ways, easements, over private property or franchise, shall be confined to the limits of such easement, right-of-way, or franchise. All work shall be accomplished so as to cause the least amount of disturbance and a minimum amount of damage. The CONTRACTOR shall schedule his work so that trenches across easements shall not be left open on weekends or holidays, or be left open for more than twenty-four (24) hours. Trenches that will present a danger to vehicular or pedestrian traffic will be closed at the end of each day's work. STRUCTURES: The CONTRACTOR shall remove such existing structures as may be necessary for the performance of the work and, if required, shall rebuild the structures thus removed in as good a condition as found with minimum requirements as herein specified. The CONTRACTOR shall also repair all existing structures which may be damaged as a result of the work under this contract. EASEMENTS - CULTIVATED AREAS AND OTHER SURFACE IMPROVEMENTS: All cultivated areas, either agricultural or lawns, and other surface improvements which are damaged by actions of the CONTRACTOR, shall be restored as nearly as possible to their original condition. ---PAGE BREAK--- Page 23 of 41 Prior to excavation on an easement or private right-of-way, the CONTRACTOR shall strip top soil from the trench or construction area and stockpile it in a manner such that it may be replaced by him upon completion of construction. Ornamental trees and shrubbery shall be carefully removed, with the earth surrounding their roots wrapped in burlap and replanted in their original positions within twenty-four (24) hours, or as soon as practical. All shrubbery or trees destroyed or damaged shall be replaced by the CONTRACTOR with material of equal quality at no additional cost to the OWNER. In the event that it is necessary to trench through any lawn areas, the sod shall be carefully cut and rolled and replaced after the trenches are backfilled. The lawn area shall then be cleaned of earth and debris by sweeping or other means. All fences, markers, mail boxes or other temporary structures shall be removed by the CONTRACTOR and immediately replaced in their original positions after the trench has been backfilled. The CONTRACTOR shall notify the Engineer and property owner at least twenty-four (24) hours in advance of any work done on easements or private rights-of-way. STREETS: The CONTRACTOR shall assume all responsibility for restoration of the surface of all streets (traveled ways) used by him and damaged. PROTECTION OF PEDESTRIAN AND VEHICULAR TRAFFIC The CONTRACTOR shall take every precaution to protect vehicular and pedestrian traffic. Whenever, in the opinion of the Owner, the CONTRACTOR has not provided sufficient or proper safety precautions, he shall do so immediately and to whatever extent the Engineer deems advisable. CONSTRUCTION WATER Water for use during the project may be obtained from the Bulk Water Station located on the East End of the Public Works Building at 420 West Grant. The Contractor shall be responsible for supplying water for construction purposes and the water shall be at the Contractor expense, unless prior arrangements are made. The Contractor is prohibited from using any homeowners’ hoses or water without written permission from the owner. A copy of the homeowners’ written permission must be sent City of Douglas Public Works Department to file and at job site where it can be seen when requested. REMOVING TRAFFIC AND STREET SIGNS The CONTRACTOR shall be responsible for maintaining and preserving all traffic and street signs. In the event it shall become necessary to remove or relocate a traffic or street sign, the CONTRACTOR shall notify the Owner of all changes made. All signs removed shall be collected by the CONTRACTOR and removed to the Public Works yards. When work has been completed and prior to said area being opened to traffic, the CONTRACTOR shall notify the Owner, who shall authorize replacement of all signs as necessary. The CONTRACTOR shall be responsible for the replacement of all signs lost or damaged due to his neglect. ---PAGE BREAK--- Page 24 of 41 SOIL INFORMATION The CONTRACTOR shall make his own deductions and conclusions as to the nature of the materials to be excavated, the difficulties of making and maintaining required excavations, the difficulties which may arise from subsurface conditions, and of doing any other work affected by the subsurface conditions and shall accept full responsibility. SALVAGE All salvage materials as noted in the plans and taken from any of the discarded facilities shall, at the discretion of the Owner, be carefully salvaged and delivered to the area designated by the Owner. Any costs incurred in salvaging and delivering such items shall be considered incidental to project and no other compensation will be made. LIQUIDATED Liquidated damages will be assessed in accordance with the following schedule: Contract Price Liquidated Damages $0 to $50,000 $50.00 per day $50,000 to $100,000 $100.00 per day $100,000 to $250,000 $200.00 per day $250,000 to $500,000 $300.00 per day If the CONTRACTOR should fail to complete the work within the time specified in the Contract, he shall pay the OWNER as liquidated damages, the amount per working day for each day that the work remains uncompleted beyond the specified completion date or time period, unless there shall have been an extension of time granted by the OWNER. The CONTRACTOR does hereby authorize the OWNER to deduct such liquidated damages from the amount due, or to become due, the CONTRACTOR. The CONTRACTOR further agrees that any such deductions shall not in any degree release him from further obligations and liabilities in respect to the fulfillment of the entire Contract. Liquidated damages shall not be assessed the CONTRACTOR for unworkable days caused by weather conditions, or for any other days for which any extension of time will have been granted. TIME EXTENSIONS Within four hours of the start of a delay over which the CONTRACTOR had no control, nor could have reasonably expected, the CONTRACTOR shall notify OWNER of such delay. Initial notification may be verbal, however, written notification must be delivered within forty-eight (48) hours. A formal written request for an extension may be submitted to the OWNER no later than forty-eight (48) hours following the end of the delaying occurrence. Said request shall include the date(s) and nature of the occurrence and the length of the requested extension. The OWNER shall review the request and make a determination as to the length of an extension to be granted, if any. Time extensions for just cause shall not be unreasonably denied. However, extensions will not be granted as a result of conditions which should have been anticipated for the locality and season. END OF SECTION ---PAGE BREAK--- Page 25 of 41 Page 1 of supplementary specs. SUPPLEMENTARY SPECIFICATIONS Scope of Project Description: Provide and place three inch hot mix asphalt mat from July 1st ,2015 to June 15th ,201 on a base prepared by the City of Douglas or the Successful Bidder, using the specifications contained in this document. Prepare street for paving after existing surface has been ground by the contractor. The street surface will be prepared by removing the ground up surface, repair soft spots and compact a surface allowing a 3” bituminous hot mix pavement to be placed. Bituminous mix shall not be placed on any wet surface, and prior to placing mix the ambient temperature shall be a minimum of 40° F. and rising. All manholes and water shutoffs are to be concerted in a diamond pattern by the contractor. The extra millings are to be hauled to a City yard. Billing for completed portions of the project shall be based on the schedule of prices. Bituminous Tack Coat Description: All edges of cut asphalt pavement, curb and gutter or street pans shall be sprayed with a bituminous tack coat prior to placing the hot mix asphalt mat. If an existing pavement is to be overlaid with hot mix asphalt to provide a level surface, the existing pavement surface shall be cleaned and tacked prior to placing the hot mix asphalt. Surface preparation: Prior to placement of the bituminous tack coat, the edge of the area to be tacked shall be clean, dry, free of all loose and foreign material. Prior to applying tack the ambient temperature shall be a minimum of 40° F. and rising. Materials: The cutback bituminous oil for tack coat shall be either rc-800f meeting the requirements of AASHTO. specification m81, table 1, or emulsified asphalt, css-1h diluted approximately one to one with water and meeting the requirements of AASHTO. specification m-140. During cool weather operations rc-250 meeting the requirements of AASHTO. specification m81, table 1, may be used. The tack coat shall be carefully and uniformly applied around curbs, sidewalks, and other structures, and if excessive amounts of bituminous oil are sprayed on the curbs, sidewalks, and other structures, they shall be cleaned as directed by the city representative at the expense of the contractor. ---PAGE BREAK--- Page 26 of 41 Page 2 of supplementary specs. Test reports: Certificates of compliance for the bituminous tack coat material shall be supplied by the contractor and furnished to the city representative upon request by the city representative, for each consignment of asphaltic material. Asphaltic Concrete Pavement Description: The work specified under this article shall consist of one or more courses of a grading type II bituminous mixture constructed on a prepared foundation and in reasonably close conformity with the lines, grades, thicknesses, and typical cross-sections shown on the plans or established by the engineer or city representative. Materials: General: the asphaltic pavement shall be hot mixed at a central plant. It shall consist of mineral aggregates, uniformly mixed with asphalt cement and laid upon the prepared base to the finished thickness shown on the typical cross-section on the plans or as directed by the engineer or city representative. The composition of the combines mineral aggregate shall be crushed gravel. Crushed gravel gradation: Crushed gravel shall consist of clean, hard, durable, stone particles which have been crushed, screened, and otherwise processed to meet the following requirements. The thickness and grading type shall be as specified in the special provisions. Table - Gradation Requirements Percentage Passing By Weight Sieve Size ¾” Maximum/Grading ½” Maximum/ Grading 1” 100 ¾” 90-100 100 ½” 60-85 90-100 3/8” 60-85 #4 40-60 40-60 #8 25-45 45-45 #30 10-30 10-30 #200 2-8 2-8 ---PAGE BREAK--- Page 27 of 41 Page 3 of supplementary specs. General: Aggregate shall be composed of coarse and fine aggregates combined in the proper proportions to meet the grading requirements shown above. Aggregates shall be composed of clean, tough, durable fragments, free from an excess of flat, elongated, soft, or disintegrated pieces and free from fragments coated with dirt or other objectionable matter. Aggregates that are soft and soak up asphalt cement to the point that binding of the hot mix asphalt cement is jeopardized are prohibited. Aggregates must be equivalent to the material that is known locally as Guernsey Stone. Coarse aggregate: Coarse aggregate shall be crushed stone or crushed gravel of such gradation that when combined with other required aggregate fractions and fillers in proper proportion, the resultant mixture shall meet the gradation required under the composition of mixture for the specific type under contract. The aggregate shall have a percentage of wear of not more than 50 when tested in accordance with AASHTO T96. The sodium sulfate soundness loss shall not exceed 12% in accordance with AASHTO T104. Fine aggregate: Fine aggregate shall consist of crushed stone, crushed gravel, or natural sand. The fraction passing the no. 200 sieve shall not be greater than two-thirds (2/3) of the fraction passing the no. 40 sieve. The fraction passing the no. 40 sieve shall have a liquid limit not greater than 25 and a plasticity index not greater than three except that when the plasticity index is non-plastic (np), the liquid limit shall be not more than 30. When type II pavement is specified, not less than 50 percent of the materials by weight, retained on the no. 4 sieve, shall have at least one fractured face, unless a different percentage of fractured faces is shown on the plans. When type III pavement is specified, not less than 50 percent of the materials by weight, retained on the no. 4 sieve, shall have at least one fractured face unless otherwise shown on the plans. During crushing operations the coarse aggregate, the pit run minus no. 4 fine aggregate, and the crushed minus no. 4 fine aggregate, shall be stockpiled in separate piles. Crushed gravel shall show no signs of detrimental stripping when tested in accordance with astm d1664 using asphalt taken from the plant. This test shall be performed at the plant owner's expense Page 4 of supplementary specs. by an approved testing laboratory once every week of operation. Test results are to be submitted immediately by the testing lab to the city engineer or city representative. Admixtures and treating methods shall be subject to the special approval of the engineer. Samples of the proposed admixtures shall be submitted to the engineer at least two weeks prior to use. Special attention will be given to the thermal stability of admixtures. ---PAGE BREAK--- Page 28 of 41 Page 4 of supplementary specs. Asphalt cement: The asphalt cement shall be PG 64-22, the grade of asphalt cement shall meet the requirements for the grade and type as stated in the A.A.S.H.T.O. standard specifications for viscosity graded asphalt cement. The amount of asphalt cement in grading shall range from 4.5 % to 5.5%, and in grading 5% to 6% by weight. The contractor shall provide to the City of Douglas a copy of the most recent refinery contract price that is available to the contractor as of the date of bid award. If during the bid contract time the price of the asphalt cement increases, the following actions will take place. A 10% or less increase in the price of the asphalt the contractor will accept the increase. A increase over 10% and less than 40% the City of Douglas will adjust quantities to allow for asphalt price increases. Above 40% the quantities will need to be renegotiated. If during the bid contract time the price of the asphalt cement decreases, the following actions will take place. A 10% or less decrease in the price of the asphalt the contractor will accept the decrease. A decrease in the price of the asphalt cement over 10% will result in rebates for the City of Douglas. Certificates of compliance for each consignment of asphalt cement shall be furnished by the contractor to the engineer or city representative. Paving plant requirements: General requirements: Uniformity: The plant shall be so designed and operated as to produce a job mixture whose permissible variance from the mix design. Amount passing on the No. 4 sieve and larger + 7% Amount passing on the No. 8 to No. 100 sieves + 5% Amount passing on the No. 200 sieve + 3% Asphalt cement 0.5 % The range of tolerance shall not exceed the maximum value listed in gradation or asphalt cement requirements. On mix laid 2 inches or more in depth the mixture shall have a density, when thoroughly compressed, of not less than 97% of field sampled laboratory Marshall density. On mix laid less than 2" the mix shall be thoroughly compressed and approved by a city representative. ---PAGE BREAK--- Page 29 of 41 Page 5 of supplementary specs. Paving plant inspection: For verification of weights or proportions and character of materials, and determination of temperatures used in the preparation of mixture, the engineer, or his authorized representatives, shall have access at any time to all parts of the paving plant. Composition of mixtures: Mixing temperatures for bituminous mixes will be as follows for the various grades of asphalt. Grade of Material Mixing of Temperature PG 64-22 265-300 Asphaltic pavement mixture design criteria: The following Marshall Design Criteria shall be used to determine optimum asphalt content: Number of compaction blows each end of specimen = 50 Test Property Minimum Maximum Stability, all mixtures (lbs.) 1200 Flow, all mixtures (in.) 0.08 0.16 Air voids 3 5 Construction: General conditions: Weather limitations: Bituminous plant mix shall not be placed on any wet surface or when the atmospheric temperatures are less than those specified in the following table; or when weather conditions otherwise prevent the proper handling of finishing of the bituminous mixtures. Atmospheric Temperature Limitations Compacted Thickness Surface Course Subsurface Course Less than 1" 60° F 55° F 1" to inclusive 40° F 35° F More than 2" to & including 4" 35° F 35° F More than 4" N/A 25° F The meanings of the terms "surface course" and "subsurface course" applies to this subsection only, and shall be as follows: 1. Any plant mix pavement overlaid with surface course on the same contract is considered a subsurface course. 2. Plant mix bituminous base is considered a subsurface course. 3. Spot leveling or the bottom lift of a leveling course may be placed at 35 degrees f if additional courses are placed on the same contract. 4. Surface course shall be grading aggregate. 5. Subsurface course shall be grading aggregate. ---PAGE BREAK--- Page 30 of 41 Page 6 of supplementary specs. Transportation of mixture: The mixture shall be transported from the paving plant to the work in vehicles equipped with tight metal compartments previously cleaned of all foreign materials. When directed by the engineer or city representative, the compartments shall be suitably insulated and each load shall be covered with canvas or other suitable materials of sufficient size to protect it from weather conditions. The inside surface must be lubricated with a thin oil just before loading, but excessive lubricant will not be permitted. No loads shall be sent out so late in the day as to interfere with spreading and compacting the mixture during daylight. Placing asphalt mixture: The mixture shall be delivered on the work site at a temperature plus or minus 15 degrees f. Of the mixing temperature, but in no case shall the temperature be below 240 degrees f. Final rolling and density of the bituminous surface, subsurface, or leveling courses must be obtained prior to the mixture reaching a minimum temperature of 180 degrees f. Unless otherwise permitted by the engineer or city representative, the mixture shall be spread by means of a mechanical self-powered paver, capable of spreading the mixture true to the line, grade, and crown shown on plans. Hand-placing and spreading will be permitted in irregular areas where it is impractical to use a paving machine. Pavers shall be equipped with hoppers and distributing screws of the reversing type to place the mixture evenly in front of adjustable screeds. The mixture shall be dumped in the center of the hoppers and care exercised to avoid overloading and spilling over the mixer upon the base. Pavers shall operate, when laying mixtures, at such speed between ten feet (10') and twenty feet (20') per minute as may be decided by the engineer or city representative. Pavers shall be equipped with a quick and efficient steering device and shall have forward and reverse traveling speeds of not less than one hundred feet (100') per minute and a tamping device capable of delivering at least 500 blows per minute. Unless operating on fixed side forms, pavers shall employ mechanical devices such as equalizing runners, straight-edge runners, evener arms, or other compensating devices to adjust the grade and confine the edges of the mixtures to true lines without the use of stationary side forms. The pavers shall be capable of spreading the mixtures, without segregation, in thickness of from one-half inch to three inches and in widths of eight feet to fourteen feet (14') adjustable in steps of one foot or less. They shall be equipped with blending or joint leveling devices for smoothing and adjusting all longitudinal joints between adjacent strips of courses of the same thickness. Pavers shall be equipped to automatically control the laying of the mixture to specified transverse slope and established longitudinal grade. The paver control system shall be automatically actuated from an independent line and grade control reference through a system of mechanical sensors and sensor-directed devices which shall maintain the paver screed at the proper transverse slope and height to establish the top surface of the compacted mixture at specified slope and grade. ---PAGE BREAK--- Page 31 of 41 Page 7 of supplementary specs The term "screed" includes a "strike-off" device operated by cutting, crawling, or other practical action which is effective on the mixture at a workable temperature without tearing, shoving, or gouging, and which produces a finished surface of the evenness and texture specified. The screed shall be adjustable as to level, shall have an indicating level attached and shall be vibrating. Immediately after any course is screened, and before roller compaction is started, the surface shall be checked, any inequalities adjusted, all bad spots in any course removed and replaced with satisfactory material. Irregularities in alignment and grade along the outside edge shall also be corrected by the addition or removal of mixture before the edge is rolled. The contractor shall provide a competent workman who is capable of performing the work incidental to the correction of all pavement irregularities. Special attention shall be given by him to the straight-edging of each course immediately following the initial rolling. In narrow, deep, or irregular sections, intersections, turnouts, or driveways where it is impractical to spread and place asphalt mixes by machine methods, the contractor may use approved spreading equipment or acceptable hand methods as directed by the engineer or city representative. When the mixture is to be spread by hand, upon arrival on the work it shall be dumped outside the area on which it is to be spread, or shoveled directly from the truck to the area on which it is to be spread. Immediately thereafter it shall be distributed into place by means of shovels and spread with rakes in a loose layer of uniform density and correct depth. Tines of the rakes shall be not less than one-half inch longer than the loose depth of mixture and spaces between tines shall be not less than the maximum diameter of aggregate particles except that in no case should the spaces be less than one inch Loads shall not be dumped any faster than they can be properly handled by those shoveling. Lutes may be used with permission of the city representative. Those shoveling shall not distribute the dumped load faster than it can be properly handled by those raking. Those raking will not be permitted to stand in the hot mixture while raking it, except where necessary to correct errors in the first raking. The raking must be carefully and skillfully done in such a manner that after the first passage of the roller over the raked mixture, a minimum amount of back parching will be required. The placing of the mixture shall be as continuous as possible. The roller shall pass over the unprotected edge of the freshly laid mixture only when the laying of this course is to be discontinued for such intervals of time as to permit the mixture to become chilled. Joints: Transverse construction joints shall be made in a careful manner. The edge of the previously laid course shall be cut back as far as is necessary to eliminate irregularities incidental to finishing and rolling. After laying the finished mixture adjacent to a transverse construction joint, a skilled laborer shall follow up each rolling with a straight-edge and corrective measures to insure a smooth riding surface. He shall be equipped with hot smoothing irons, tampers, and other devises for use in truing up the pavement surface adjacent to the joint. ---PAGE BREAK--- Page 32 of 41 Page 8 of supplementary specs. Longitudinal joints against both hot and cold material shall be made with equal care. Mixtures spread and compacted (or partially compacted) by the machine shall not be disturbed by a rake in dressing the joint, unless one side is too high, nor shall surplus mixture be spread or scattered back of the machine when not needed to build up low spots. When spreading next to a warm or cold edge of a previously laid section of surfacing, the machine shall be adjusted to leave a "bead" of material, roughly one inch by one inch which shall be moved back of the rake to the warm side of the joint but otherwise the machine-laid mixture shall not be disturbed. In making the joint along any adjoining edge such as curb, gutter, or an adjoining pavement, and after the hot mixture is placed by the finishing machine, just enough of the hot material shall be carried back to fill any space left open, and provide a small "bead" of extra material. This joint shall be properly "set-up" with the back of the rake at proper height and bevel to receive the maximum compression under rolling. The work of "setting-up" this joint shall always be performed by competent workmen, who are capable of making a correct, clean, and neat joint. Compaction of the mixture: As soon as the mixture will carry the compaction equipment without undue shoving or displacement, it shall be compacted with self-propelled rollers meeting the following criteria: 1. Three-axle tandems, two-axle tandems, and three-wheeled rollers used for breakdown rolling shall be of such weight that the compression load on the drive wheels is at least 325 pounds per inch of tire width. 2. Vibratory rollers used for breakdown or intermediate rolling having a compactive effort of not less than a dynamic force of 21,000 pounds may be used only with the written consent of the city representative, and should not be used on lifts of two inches or less. 3. Two-axle tandem rollers used for intermediate and finish rolling shall weigh not less than seven tons. 4. Pneumatic-tired rollers used for intermediate rolling shall be the oscillating type having a width of not less than four feet and equipped with pneumatic tires of equal size and diameter, having treads satisfactory to the engineer. Wobble-wheel rollers will not be permitted. The tires shall be so spaced that the gap between adjacent tires will be covered by the tread of the following tire. The tires shall be inflated to ninety (90) pounds per square inch or such lower pressure as designated by the engineer or city representative, and maintained so that the air pressure will not vary more than five pounds per square inch from the designated pressure. Pneumatic-tired rollers shall be so constructed that the total weight of the roller can be varied to produce an operating weight per tire of not less than 2,000 pounds. The total operating weight of the roller shall be varied as directed by the engineer. 5. Other rollers may be used subject to prior approval by the engineer or city representative. 6. All rollers must be maintained in good mechanical condition, and those that cannot be driven along a straight path or operated without jerking, shall not be used. No leakage of petroleum products from any roller shall be allowed to come in contact with pavement being constructed, nor shall any roller be permitted to stand motionless on any portion of the work. The surfaces of all roller wheels shall be treated with sufficient water to prevent the pickup of bituminous materials, but under no circumstances shall the quantity of water used be detrimental to the surface of the pavement being rolled. ---PAGE BREAK--- Page 33 of 41 Page 9 of supplementary specs. 7. As soon as the layer of asphalt concrete has been placed, it shall be thoroughly compacted by rolling. Except when compacting lifts greater than four inches in compacted thickness, rolling shall be commenced along the lower edge of the area to be rolled and continued until the edge is thoroughly compacted. After which the roller shall be gradually advanced to the crown-point, both sides being rolled in like manner. Rolling shall be continued until the pavement layer has become thoroughly compacted throughout and is true to grade and cross-section. 8. For lifts greater than four inches in compacted thickness, rolling shall be commenced in the middle of the mat, after which the roller shall be gradually advanced to both edges. The rollers should be advanced to a supported edge first, if applicable. Rolling of an unsupported edge should be delayed as long as possible, provided the required densities are obtained after the completion of the finishing rolling. 9. The finish rolling of the surface course shall be done with a tandem steel-wheeled roller until all roller marks are eliminated. 10. Along curbs, headers, manholes, and similar structures, and at all places not accessible to the roller, thorough compaction must be secured by means of hot tampers and irons At all contacts of this character, the joints between these structures and the surface mixture must be effectively sealed with a bituminous tack coat. 11. After final compression, the surface course shall conform with the following requirements: it shall be smooth and true to the established crown and grade. It shall have the average thickness specified and shall at no point vary more than one-fourth inch (1/4"0) from the thickness shown on the typical cross-sections on the plans any low or defective places shall immediately be remedied by cutting out the course at such spots and replacing it with fresh, hot mixture which shall be immediately compacted to conform with the surrounding area and shall be thoroughly bonded to air. The surface of the finished pavement shall be free from depressions exceeding one-fourth inch as measured with a ten foot (10') straight edge paralleling the centerline of the roadway. 12. At no point shall the density of the binder and surface course be less than 97% of maximum. 13. marshal density Construction testing and sampling: All testing and sampling shall be done in accordance with the latest AASHTO. methods unless otherwise specified. The following tests shall be required during construction. 1. Extraction and gradation. One extraction and gradation test shall be made per each 300 tons or portion thereof of asphaltic mixture placed per day. These tests shall be performed on samples taken prior to screeding. 2. Marshall series. A complete marshal test series shall be performed each week of paving operations when placing more than 300 tons. 3. Density tests. At least one density test for each 300 tons or part thereof shall be performed for each 200 feet of paving strip. Test results shall be forwarded immediately by the testing lab to the city representative and general contractor. The frequency of all required testing may be increased or decreased at any time deemed necessary by the city engineer. ---PAGE BREAK--- Page 34 of 41 Page 10 of supplementary specs. Preconstruction test and sampling. 4. All sampling and testing of materials shall be done to accordance with the latest A.A.S.H.T.O. methods unless otherwise specified. At least three weeks in advance of the beginning of asphaltic paving work, the contractor shall: a) submit suitable samples of all materials including asphalt cement to an approved materials testing laboratory for mixture design, and to determine compliance of materials to these specifications; b) or shall submit certification that the materials to be used are in conformance with these specifications and that the mixture design for use with these materials is approved and on file with the Public Works Director. END OF SECTION ---PAGE BREAK--- Page 35 of 41 NOTICE OF AWARD - CONSTRUCTION TO: PROJECT DESCRIPTION: Asphalt Paving 2015 - 2016 The OWNER has considered the BID submitted by you for the above described work in response to its Advertisement for bids dated July 29th, 2015, and Information for Bidders. You are hereby notified that your BID has been accepted for items in the amount of: BASE BID $ DESCRIPTION: OPTION#1 $ DESCRIPTION: OPTION#3 $ DESCRIPTION: OPTION#4 $ DESCRIPTION: OPTION#5 DESCRIPTION: TOTAL BID AMOUNT $ The above total price amount is based on approximate quantities, thus the above total bid price is not a binding amount and may be adjusted up or down based on budgeted amount allowed for these projects. You are required by the Information for Bidders to execute the Agreement and furnish the required CONTRACTOR's Performance Bond and certificates of insurance within ten (10) calendar days from the date of the Notice to you. If you fail to execute said Agreement and to furnish said Bond within ten (10) days from the date of this Notice, said owner will be entitled to consider all your rights arising out of the OWNER's acceptance of your bid as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. DATED THIS DAY OF , 20 . OWNER ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby Acknowledged. By: Printed name: Written name: Dated this day of , 20 ---PAGE BREAK--- Page 36 of 41 AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT made on the day of by and between the City of Douglas, Wyoming, party of the first part hereinafter called the OWNER, and party of the second part, hereinafter called the CONTRACTOR. WITNESSETH, that the CONTRACTOR and the OWNER, for the consideration hereinafter named agree as follows: ARTICLE I - SCOPE OF WORK The CONTRACTOR hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the Drawings and described in the Specifications for Hot Mix Asphalt Paving and other additional work to be made in accordance with the requirements and provisions of the Contract Documents which are hereby a part of the Contract including the following documents which are incorporated by this Table. X Call for Bids X Performance/Contractor’s Bond X Instructions to Bidders X Notice of Award X Non-collusion Affidavit X Notice to Proceed X Bid-Bond Schedule of Prices X Drawings X Bid Bond X Supplemental Specifications X General Provisions Addenda X Special Provisions Other Contract Documents **All items checked are in this packet. The work is generally described as follows: Hot Mix Asphalt Paving. ARTICLE II - TIME OF COMPLETION a) The work to be completed under this Contract shall be commenced within ten (10) calendar days after receipt of Notice to Proceed, weather permitting. b) The number of days within which the work is to be completed begins on the date of the Notice to Proceed and is set forth below: The City of Douglas will schedule with the contractor a timeline for the project that will allow the hot mix asphalt to be placed on a base prepared by the City of Douglas within two working days after the base is ready. The schedule will keep the amount of time a street is without pavement to a minimum. c) Time shall be of the essence of this Contract. It is hereby agreed that in case all of the work called for in this contract is not completed at the time herein mentioned or at such time to which the period of completion may be extended, damages will be sustained by the OWNER. It is agreed that the CONTRACTOR shall pay to the OWNER as liquidated ---PAGE BREAK--- Page 37 of 41 damages, the sum as noted in the Special Provisions for each and every working day of additional time in excess of the Contract time limit and any granted extension. The same shall be deducted from the amount due, or to become due, to the CONTRACTOR and such payments or deductions shall not in any way release the CONTRACTOR from further obligations and penalties in respect to the fulfillment of the entire Contract, or any right which the OWNER may have claim, or sue for the recover of compensation and damages for non-performance of this Contract. ARTICLE III - THE CONTRACT SUM a) Except for adjustments as provided herein, the OWNER shall pay the CONTRACTOR for the performance of the work, the unit price bid in the Proposal, which amount shall be known as the Contract Sum. b) The Contract Sum shall be equitably adjusted to cover changes in the work ordered by the OWNER. Such increases or decreases in the Contract Sum shall be determined by agreement between the OWNER and the CONTRACTOR as outlined in these Specifications. c) OWNER shall pay CONTRACTOR in current funds for performance of the work in accordance with the Contract Documents, subject to additions and deductions by Change Order, the contract price of $ , based on the unit and lump sum prices listed in the bid schedule and based on materials actually used and work actually completed. ARTICLE IV - PAYMENT PROCEDURES a) CONTRACTOR shall submit Applications for Payment in accordance with the General Provisions and Special Provisions. Applications for Payment will be processed as provided in the General Provisions. b) Progress Payments. OWNER shall make progress payments on the basis of CONTRACTOR'S Application for Payment after completion of each paving project as recommended by the Owner's Representative. Application for Payment shall be prepared and submitted by CONTRACTOR by the 25th day of each month during the construction period. OWNER shall make progress payments about the 45th day following submittal of the Application for Payment and approval of the Application for Payment by OWNER. All progress payments will be on the basis of the progress of the work measured by the schedule of values. ARTICLE V - EXTRA WORK If a written order is made by the OWNER, directing the performance of any work not covered by the drawings or included in the Specifications, and for which no unit price or lump sum basis can be agreed upon, then such extra work shall be done on a cost-plus-percentage basis of payment as follows: a) The CONTRACTOR shall be reimbursed for the cost of doing the extra work and shall receive an additional fifteen percent (15%) of the cost of the work to cover his overhead and profit. b) The cost of the extra work shall include labor at the wage rates and supplements fixed in the Contract, materials utilized in the work, sales tax, the use of power tools and equipment ---PAGE BREAK--- Page 38 of 41 during periods of actual use, power, heat, lights, pro rata charges for foremen, approved subcontractors, workmen's compensation insurance, and premiums for additional insurance coverage required for the extra work. c) Among the items considered as overhead include: insurance other than mentioned above, bonds, superintendents, timekeepers, clerks, watchmen, use of small tools, incidental job burdens, field office expenses, and general office expenses. d) The cost of the work done each day shall be submitted to the Owner's Representative in a satisfactory form on the following day, and adjusted at once if necessary. e) payments of all charges for extra work in any one month shall be made in full on or before the 15th of the succeeding month. IN WITNESS WHEREOF the parties hereto have executed this Agreement, the day and year first above written. ATTEST: OWNER: CITY OF DOUGLAS (seal) BY: PRINTED NAME: SIGNATURE: TITLE: ATTEST: CONTRACTOR: (seal) BY - PRINTED NAME: SIGNATURE: TITLE: ---PAGE BREAK--- Page 39 of 41 PERFORMANCE BOND - CONSTRUCTION KNOW ALL MEN BY THESE PRESENTS: that , a(n) individual/partnership/corporation/joint venture (circle one), hereinafter called Principal, and , hereinafter call Surety, are held and firmly bound unto the City of Douglas, Wyoming, hereinafter called OWNER, in the penal sum of Dollars, ) in lawful money of the United States for the payment of which sum will and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , 20_ ,a copy of which is hereto attached and made a part hereof for the construction of: Hot Mix Asphalt Paving 2015 – 2016. 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 the WORK to be performed there under or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on the 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 do 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 counter-parts, each one of which shall be deemed an original, this the day of , 20 . ---PAGE BREAK--- Page 40 of 41 ATTEST: PRINCIPAL: By: (SEAL) (Witness as to Principal) (Address) ATTEST: SURETY: By: (SEAL) (Witness as to Surety) (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is a Partnership, all partners should execute the 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. ---PAGE BREAK--- Page 41 of 41 NOTICE TO PROCEED - CONSTRUCTION TO: Project: Asphalt Paving 2015 - 2016 Type of Contract: Bid Amount of Contract: As noted in Schedule of Prices the final total amount may vary. You are hereby notified to commence work on the referenced contract after September16th, 2015, and shall be fully complete all of the work of said contract by June 17th, 2016 thereafter. Therefore, your contract completion date is June 17th, 2016, thus work shall be completed by June 17th, 2016. Final billing shall be complete prior to June 24th, 2016. The contract provides for an assessment of the sum of $ N/A as liquidated damages for each consecutive calendar day after the above established contract completion date that the work remains incomplete. DATED THIS DAY OF , 2015. OWNER ACCEPTANCE OF NOTICE Receipt of the foregoing Notice to Proceed is hereby acknowledged By: Printed Name: Dated this day of , 20 .