Document Douglas_doc_90a31c7007

SLURRY SEAL FOR THE CITY OF DOUGLAS, WYOMING (Owner) 101 North 4th Street P.O. Box 1030 Douglas, Wyoming 82633 (307) 358-3462 (phone) (307) 358-6447 (FAX) PROJECT MANUAL 2022&2023 ---PAGE BREAK--- TABLE OF CONTENTS Call for Bids (Legal Advertisement and Detailed Notice) Instructions to Bidders Bid Forms Bid -Schedule of Prices Signature Page Non-Collusion Affidavit Bid Bond Bidder’s Checklist General Provisions Special Provisions Supplemental Specifications ( ) Other Contract Documents Drawings ( ) Addenda Notice of Award Agreement Performance/Contractor's Bond Notice to Proceed **All items checked are in this packet. ---PAGE BREAK--- City of Douglas Call for Bids Sealed bids for Slurry Seal City Streets will be received in the office of the City Clerk until 2:00 p.m., July. 20th, 2022 and read July.20th 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 St. Mail submitted bids to the City of Douglas, P.O. Box 1030, Douglas, WY 82633 or deliver to the City Clerk at 101 N. 4th St. /s/Chaz Schumacher, City Clerk Published: July 6th, 2022, and July 13th, 2022 CITY OF DOUGLAS ---PAGE BREAK--- CALL FOR BID - (CONSTRUCTION) Sealed bids will be received from qualified contractors until 2:00 pm July 20th, 2022, 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: Slurry Seal City Streets, 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: “Slurry Seal” with the bidder’s 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 Wyoming 82633. The successful bidder will be required to adhere to the General Requirements and Covenants contained in the "Wyoming Public Works Standard Specifications", 1984 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. Call Public Works at (307) 358-9750 to arrange a site visit. 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 serve 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 practice, 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. ---PAGE BREAK--- 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--- 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. ---PAGE BREAK--- A bidder may withdraw his proposal at any time prior to the time set for the opening of the Proposals without penalty. 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 ---PAGE BREAK--- 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. 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 decease 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--- BID FORMS PROJECT IDENTIFICATION: Slurry Seal City Streets, 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. ---PAGE BREAK--- 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 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 liquidate 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 s startup. ---PAGE BREAK--- 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. If the bid quantity amount does not equal the budgeted dollar amount, the sq. yds. Will be adjusted upwards or downwards by the City of Douglas to compensate. Item No. Approx. Quantity Item with Unit Price to be Written in Words Unit Price Dollars/Cents Total Price Dollars/Cents 1. 166,660 sq, yds. Slurry Sealing - 2. Traffic Control 3. Mobilizing 4. 5. 6. 7. 8. 9. 10. 11. 12. Total Bid Price (In numbers and words): Submitted on: , 20 . Bidder: ---PAGE BREAK--- 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--- 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: Subscribed and sworn to before me this day of , 20 . Notary Public in and for the State of Wyoming, residing at ---PAGE BREAK--- 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 Slurry Sealing City Streets, NOW, THEREFORE, If said BID shall be rejected, or 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--- BIDDER'S CHECK LIST The bidder's attention is especially called to the following forms which must be executed in full as required: Proposal (Bid Form) The unit price bid must be shown in the space provided. Show unit prices in both words and figures. Proposal Signature Sheet To be filled in and signed by the bidder. Non-collusion Affidavit Must be subscribed to and sworn before a Notary Public. 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. The following forms are to be executed after the contract is awarded: Contract This agreement is to be executed by the successful bidder. 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 startup. ---PAGE BREAK--- CITY OF DOUGLAS GENERAL PROVISIONS - CONSTRUCTION STANDARD SPECIFICATIONS The "Wyoming Public Works Standard Specifications" as prepared by the Wyoming Public Works Specifications Committee, 1993 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 subarticles 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 ---PAGE BREAK--- 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. 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 potholing 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 safeguarding 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. ---PAGE BREAK--- 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 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. The CONTRACTOR shall notify private party forty-eight (48) hours prior to starting construction. 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. ---PAGE BREAK--- 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 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. ---PAGE BREAK--- 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: 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. 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 ---PAGE BREAK--- 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. COMPLETION AND ACCEPTANCE ---PAGE BREAK--- 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. STREETS TO BE SLURRY SEALED: N. 2nd Street from Center Street to antelope creek Bridge, 65’ x 2,119 = 15,337 sq, yds. N. 3rd Street from Center Street to Cedar Street 948’ x 61’ = 6,425 sq, yds. N. 3rd Street from Cedar Street to Clay Street, 953’ x 44’ = 4,659 sq, yds. Poplar Street from N. 4th Street to N. 2nd Street, 665’ x 42’ = 3,103 sq yds. Clay Street from N. 4th to N. 2nd Street, 659’ x 29’ = 2,123 sq, yds. Birch Street from S. 9th Street to S. 4th Street 1,878’ x 46’ = 9,598 sq, yds. Birch Street from S. 4th Street to S. 3rd Street, 314’ x 44’ = 1,570 sq, yds. S. 9th Street from Ash Street to E. Richards Street, 2,016’ x 60’ =13,440 sq, yds. S. 8th Street from Ash Street to E. Richards Street, 1,953’ x 60, = 13,020 sq, yds. ASH street from S. 9th to S. 4th Street, 1,864’ x 44’ = 9,112 sq, yds. Ash Street from S. 3rd Street to S>4th Street, 357’ x 44’ = 1,745 sq, yds. S. 7th Street from Pine Street to E. Richards Street, 2,504’ x 44’ = 12,241 sq, yds. Hobbit Hole Street from Pine Street to the end, 360’ x 32’ = 1,280 sq, yds. S. 6th Street from Ash Street to E. Richards Street, 3’466’ x 42’ = 16,174 sq, yds. N. 5th Street from Cedar Street to Kimball Street, 1,918’ x 44’ = 9,378 sq, yds. Riverbend Dr. from Shoshone Dr. to Converse Inn. 4,754’ x 37’ = 19,544 sq, yds. Sweetwater Road from Wind River Dr. to Riverbend Dr. 1,419’ x 39’ = 6,149 sq, yds. N. Wind River Dr. from Teton Way to Riverbend Dr. 1,168’ x 37’ = 4,801 sq, yds. Sweetwater Ct. 439’ x 30’= 1,463 sq, yds. (133,081) Carver Dr. from S. Riverbend Dr. to the end, 388’ x 40’ = 1,724 sq, yds. N. Russell Ave from W. Yellowstone to the end, 781’ x 42’ = 7,982 sq, yds. Madora Ave from E. Richards Street to Park Dr. 1,372’ x38’ = 5,792 sq, yds. END OF SECTION ---PAGE BREAK--- 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 (Telephone) (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 ---PAGE BREAK--- 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. 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 ---PAGE BREAK--- 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. Prior to excavation on an easement or private right-of-way, the CONTRACTOR shall strip topsoil 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, mailboxes 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. REMOVING TRAFFIC AND STREET SIGNS ---PAGE BREAK--- 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. 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 DAMAGES Liquidated damages will be assessed in accordance with the following schedule: CONTRACT PRICE LIQUIDATED DAMAGES 0-$50,000 $50.00 per day $50,000-$100,000 $100.00 per day $100,000-$250,000 $200.00 per day $250,000-$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 ---PAGE BREAK--- 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 SUPPLEMENTARY SPECIFICATIONS SLURRY SEAL ---PAGE BREAK--- DESCRIPTION: Slurry Seal shall consist of a mixture of an approved modified asphalt, mineral aggregate, water, specified additives, proportioned, missed and uniformly spread over a properly prepared surface as directed by the City’s representative. The completed slurry seal shall leave a homogenous mat, adhere firmly to the prepared surface and have a friction resistant surface texture throughout its service live. MATERIALS: a. EMULSIFIED ASPHALT Emulsified asphalt shall be a Quick Set Mixing Grade as specified in AASHTO or M208 depending on aggregate selected for the Job Mixture. The emulsified asphalt shall have a 2% latex polymer added to the emulsion. Grade shall be determined from proposed mix design supplied by the CONTRACTOR. 1. Quality Test Quality Reference Limits Residue after Distillation AAASHTO T59, ASTM D244 60% min. Test on Residue Penetration at 77˚ F (25˚ C) AASHTO T49, ASTM 2397 40-100 Each load of Emulsified Asphalt shall be accompanied by certification of compliance from the manufacturer for assurance that it is the same as used in the Mix Design. b. AGGREGATE 1. General: Mineral Aggregate shall be a 3/8” (9.5mm) 100% crushed rock. Aggregate shall be clean, hard, sound, durable, and uniform in quality and free from a detrimental quality of soft, disintegrated material, organic material, oil, alkali or any other deleterious substance. In order to ensure that all material is crushed, 100% of the parent material shall be larger than the largest stone in the graduation uses. pg. 2 SUPPLEMENTARY SPECIFICATIONS AGGREGATE – cont. 2. Quality Test: ---PAGE BREAK--- Quality Reference Limits Sand Equivalent AASHTO T176, ASTM D2419 45 min Soundness AASHTO T104, ASTM C88 15% max. using NA2SO4 or 25% max. using MGSO4 Abrasion Resistance AASHTO T96, ASTM C131 35% max The abrasion test shall be run prior to crushing the aggregate. Aggregate shall meet approved polishing values. 3. Graduation: When tested in accordance with AASHTOT27 (ASTM C136) and AASHTO T11 (ASTM C136) the total aggregate blend including mineral filler shall be within the appropriate band. TYPE I TYPE II TYPE III Sieve Size % Passing % Passing % Passing Stockpile Tolerance 3/8” (9.5mm) 100 100 100 #4 (4.75mm) 100 90-100 70-90 #8 (2.36mm) 90-100 65-90 45-70 ± 5% #16 (1.18mm) 65-90 45-70 28-50 ± 5% #30 (600um) 40-65 30-50 19-34 ± 5% #50 (330um) 25-42 18-30 12-25 ± 4% #100 (150um) 15-30 10-21 7-18 ± 3% #200 (75um) 10-20 5-15 5-15 ± 2% pg. 3 SUPPLEMENTARY SPECIFICATIONS The target job mix gradation for the mix design shall fall within the appropriate band. Any variation in graduation shall be approved by the City’s Representative. Once the target job mix graduation ---PAGE BREAK--- has been submitted and approved as part of the mix design, aggregate used throughout the project shall not vary more that the stockpile tolerances for each sieve and shall remain within the graduation band. Aggregate will be accepted at the job site or stockpile. Stockpiled aggregate shall be accepted on the basis of five graduation tests performed according to AASHTO T2 (ASTM D75). Material will be accepted if an average taken from all five tests falls within the gradation tolerances. In the case where the averaged test results prove to be out of tolerance, the contractor shall either remove the unacceptable material and replace it with acceptable material or blend other aggregate with the shock piled material to bring it into gradation tolerances. New materials to be used in blending shall meet all quality tests prior to blending. Blended aggregate shall produce a consistent mix. In either case, whether aggregate is replaced or blended, a new mix design shall be submitted. Stockpiles shall be screened if problems occur due to oversize material in the mix. Contractor shall be responsible for performing graduation tests and submitting the results to the city’s representative for acceptance. Graduation testing shall be considered incidental to the project and no additional pay shall be granted for meeting this requirement. c. 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. Mineral fill shall be considered as part of the dry aggregate. d. WATER Water used in slurry mixture shall be potable, reasonable free of oil, dirt, silt, and harmful salts. e. ADDITIVES Additives may be used to accelerate or retard the break-set of the slurry seal, or improve the resulting finished surface. The use of additives in the slurry mix or in individual materials shall be made initially in quantities predetermined by the mix design with field adjustments. Approval of any additive must be obtained from the city’s representative prior to its use. pg. 4 SUPPLEMENTARY SPECIFICATIONS LABORATORY EVALUATION BY CONTRACTOR: ---PAGE BREAK--- MIX DESIGN Prior to beginning work, the contractor shall submit a mix design for approval by the city’s representative. The mix design shall be the basis for the job mix formula of the slurry seal to be used on the project. The mix design shall cover the materials to be used the slurry seal used on the project. The mix design shall be performed by a qualified laboratory that is experienced in designing emulsified asphalt slurry seal surfacing. The submitted mix design shall be signed and certified by that laboratory. Once the project mix design has been approved by the city’s representative, no substitutions shall be permitted unless approved by the city’s representative. Compatibility of aggregate, emulsion, mineral filler and other additives shall be verified by mix design. All component materials used in the mix design shall be representative of those proposed by the contractor for use on the project. 1. Testing Test Reference Specification Slurry Seal Consistency ISSA T106 Wet Cohesion – 30 min. (set) ISSA TB-139 (quick traffic systems) 12 cg-cm min Wet Stripping ISSA TB-114 Pass (90% min.) Wet Track Abrasion Loss - one-hour soak 75 g/ft² (807 g/sm) *Mix Time ISSA TB-113 Controllable to 180 sec. min. * Mixing Test and Set Time Test shall be performed at the highest temperature expected during construction. pg. 5. SUPPLEMENTARY SPECIFICATIONS 2. Proportioning ---PAGE BREAK--- Proportioning of the Mix Design shall be within the following limits: RESIDUAL ASPHALT (based on the dry weight of the aggregate) TYPE I: 10% 16% TYPE II: 7.5% --13.5% TYPE III: 6.5% 12% MINERAL FILLER (based on the dry weight of the aggregate) 0.5% 2.0% ADDITIVES As needed WATER As needed to achieve proper mix consistency 2. Mix Design Report Prior to construction, the Contractor shall submit to the City’s Representative for approval a laboratory report showing the Mix Design of Slurry Seal for a TYPE II to be used on the project. The laboratory report of the Mix Design shall contain the following: a. All testing results. b. Quantitative effects of moisture content on the unit weight of the aggregate. c. Aggregate composition and gradation. d. Proportions (as percentages of the total mix): 1) Aggregate 2) Mineral filler (min. and max). 3) Water (min and max). 4) Additives (usage) 5) Asphalt Emulsion e. Recommended Application Rate for the aggregate selected, aggregate gradation and surface to which Slurry Seal is to be applied. pg. 6. SUPPLEMENTARY SPECIFICATIONS FIELD TOLERANCES: ---PAGE BREAK--- Tolerances for the Job Slurry Seal Mix and individual Components shall be as follows: Material Tolerances Residual Asphalt Content (as determined from Mix Design) ± One % from the approved Job Mix Formula. Aggregates % passing each sieve within stockpile tolerances Aggregates % passing shall not go from the high end to low end of the specified range in any two successive sieves. Slurry Consistency ± 0.5 cm from Job Mix Formula after field adjustments. Application Rate ± 2#/SY while remaining within the approved design application rate. FIELD TOLERANCES: A. GENERAL All equipment, tools and machine used in the performance of this work shall be maintained in satisfactory working order at all times in order to insure a high-quality product. B. MIXING EQUIPMENT Machines used on the project shall be specifically designed and manufactured for the mixing and application of Slurry Seal. Machines shall be self propelled, either truck mounted or continuous run design, capable of accurately delivering and proportioning the aggregate, emulsified asphalt, mineral filler, control setting additive, and water to a revolving miser and discharge the mixed product on a continuous flow basis. 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. C. PROPORTIONING DEVICES Individual volume or weight controls for proportioning each material to be added to the mix shall be provided and properly marked. Proportioning devices shall be equipped with pg. 7. SUPPLEMENTARY SPECIFICATIONS PROPORTIONING DEVICES – cont. revolutionary counters or similar device for each material to be added to the mix so material output can be determined at any time. ---PAGE BREAK--- The contractor shall allow the City’s Representative access to the recorders and measuring devices of the Slurry Seal Machine to determine application rates of all materials for a single load. D. SPREADING EQUIPMENT Spreading equipment shall be capable of uniformly spreading the Slurry Seal Mixture. This shall be accomplished by means of a conventional surfacing spreader box attached to the mixer equipped to agitate and spread the mixture evenly throughout the box. A front seal shall be provided to insure no loss of the mixture at the road contact point. The rear seal shall act as a final strike-off and shall be adjustable. The spreader box and rear strike-off shall be designed and operated in a manner that will insure that a uniform consistency is achieved to produce a free flow of material to the rear strike-off. The spreader box shall be capable of shifting to the side in order to compensate for variations in the pavement surface geometry. The spreader box shall be kept clean and free of asphalt and aggregate build up. An approved drag of screed attached to the rear of the spreader box may be required by the City’s Representative in order to produce a uniform, textured mat. If a drag or screed is used, it shall be kept clean or replaced as necessary to ensure that slurry mix accumulations do not cause scores or streaks in the new mat. E. AUXILIARY EQUIPMENT Suitable surface preparation equipment, traffic control equipment, hand tools, any other support equipment shall be provided as necessary to perform the work. CALIBRATION: Each mixing unit used in performance of the work shall be calibrated in the presence of the City Representative. Previous calibration documentation covering the exact materials to be used on the project may be accepted, provided they were made during the same calendar year. Documentation shall include an individual calibration of each material at various settings, which can be related to the metering devices on the machine. No machine shall be used on the project until calibration has been completed and accepted. pg. 8. SUPPLEMENTARY SPECIFICATIONS WEATHER LIMITATIONS Both the pavement and air temperature shall be 45˚F and rising prior to the application of Slurry Seal. Slurry Seal shall not be applied when there is a danger of freezing within 24 ---PAGE BREAK--- hours of application. Slurry Seal shall not be applied when weather conditions prolong opening traffic beyond a reasonable time (2-3 hours). The Contractor shall use his judgment when rain, freezing or any inclement weather is forecast. Any slurry seal damaged by inclement weather shall be repaired by the Contractor at his expense. SURFACE PREPARATION A. GENERAL Immediately prior to the application of Slurry Seal. The Contractor shall clean the surface of all loose material, oil spots, vegetation, and any other objectionable material. Any standard cleaning method that thoroughly cleans the surface will be acceptable. If water is used, cracks shall be allowed to dry thoroughly before the application of slurry seal. Dust produced by cleaning operations shall be controlled by sprinkling the surface with water as directed by the City’s Representative. All manhole lids catch basin grates, water and gas valve lids, survey monuments, and any other such street appurtenance shall be protected prior to the application of slurry seal. Protection shall allow the slurry seal application without adverse effect to the final finish. B. TACK COAT Should Tack Coat be required due to surface condition, the surface to be slurry sealed shall be treated with a tack coat. The Tack Coat shall be proportioned at one part emulsified asphalt and three parts water. The emulsified asphalt used shall be the To .10 per square yard (0.15 to 0.35 liters per square meter) Tack Coat shall be allowed to cure before application of the Slurry Seal. Application of Tack Coat shall be applied on at the direction of the City’s Representative. Cost of tack coat shall be taken from the amount of the total bid thereby lowering the total amount of sq. yds. sealing material to be placed on the streets. pg. 9. SUPPLEMENTARY SPECIFICATIONS APPLICATION A. GENERAL ---PAGE BREAK--- The surface to be slurry sealed shall be prewetted by fogging ahead of the spreader box. The rate of application of the fog spray shall be adjusted periodically to suit temperatures, surface texture, humidity, and dryness of the pavement. The slurry seal mixture shall be the desired consistency upon leaving the mixer. A sufficient amount of material shall be carried in all parts of the spreader at all times to attain complete coverage. Overloading of the spreader shall be avoided. Lumping, balling, or unmixed aggregate shall not be permitted. Streaks left in the finished surface shall not be permitted. If excess oversize develops construction shall be halted and the situation corrected by the contractor. Work shall not resume until the Contractor satisfied the City’s Representative that corrections have been made. The Contractor shall screen the aggregate prior to using in the lay down operation as directed by the City’s Representative. B. JOINTS The Contractor shall provide a spreading machine of suitable width to produce a minimum number of longitudinal joints in the project area. Joints showing excess buildup, uncovered areas, or or appearance shall not be acceptable. Whenever possible, longitudinal joints shall be place on lane lines. Odd width passes and half passes shall be kept to a minimum. Overlap of longitudinal joints shall not exceed six inches. C. MIX STABILITY Slurry Seal shall possess sufficient stability so that premature breaking of the material in the spreader box does not occur. The mixture shall be homogeneous during and following mixing and spreading it shall be free of excess water and emulsion and free of segregation of the emulsion and aggregate fines from coarser aggregate. Spraying additional water into the spreader box shall not be permitted. D. HAND WORK Areas that cannot be surfaced with the Slurry Seal Machine shall be surfaced manually using hand squeegees to provide uniform coverage. Areas requiring handwork shall be dampened prior to the application of slurry seal mix and the mix worked immediately. The Contractor shall take care not to leave handwork. Surfaces pg. 10. SUPPLEMENTARY SPECIFICATIONS HANDWORK – cont. Done by hand shall have the same finish as those applied by the spreader box. All handwork shall be accomplished at the same time as the machine application. E. LINES ---PAGE BREAK--- The Contractor shall insure straight lines along curbs and shoulders. Runoff in these areas shall not be acceptable Lines at intersection shall be kept straight to provide good appearance. F. CLEAN-UP All areas, such as concrete flatwork, manhole covers, water and gas valve covers, and any surface where Slurry Seal should not be applied, shall be removed as directed by the City’s Representative. During cleaning operations, excess Slurry Seal shall not be allowed to run into any storm sewer system. The contractor shall clean up the project site and remove any debris associated with the project on a daily basis. WARRANTY If the applied material becomes unsealed with the underlying pavement and peals or pops loose for any reason other than being removed mechanically (as with a snowplow), within one year after being applied, the applied material shall be repaired by the Contractor under the warranty required by this contract, at no additional cost to the City. Warranty work shall be completed within thirty (30) days after notification. End of Section pg. 11. SUPPLEMENTARY SPECIFICATIONS SLURRY SEAL APPENDIX – AGENCIES AND TEST METHODS A. AGENCIES AASHTO……American Association of State Highway and Transportation Officials ASTM………. American Society for Testing and Materials ---PAGE BREAK--- ISSA…………International Slurry Surfacing Association B. TEST METHODS 1. AGGREGATE AND MINERAL FILLER TEST SHORT TITLE AASHTO T2 ASTM D75 Sampling Mineral Aggregates AASHTO T27 ASTM C136 Sieve Analysis of Aggregates AASHTO T11 ASTM C117 Material Finer than No. 200 in Mineral Aggregate AASHTO 176 ASTM D2419 Sand Equivalent Value of Soils and Fine Aggregates AASHTO T84 ASTM C128 Specific Gravity and absorption of Fine Aggregates AASHTO T19 ASTM C29 Unit Weight of Aggregates AASHTO T96 ASTM C131 Resistance to Abrasion of Small Size Coarse Aggregate by Use of the Los Angeles Machine (performed on parent rock) AASHTO T37 ASTM D546 Sieve Analysis of Mineral Filler AASHTO T104 ASTM C88 Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate ASTM D242 Mineral Filler for Bituminous Paving Machines AASHTO T127 ASTM C183 Sampling Hydraulic Cement pg. 12. SUPPLEMENTARY SPECIFICATIONS 2. EMULSIFIED ASPHALT TEST SHORT TITLE AASHTO T40 ASTM D140 Sampling Bituminous Materials AASHTO T159 ASTM D244 Testing Emulsified Asphalt ---PAGE BREAK--- AASHTO M140 ASTM D977 Specification for Emulsified Asphalt AASHTO M208 ASTM C2397 Specification for Cationic Emulsified Asphalt ISSA T102 Mixing, Setting and Water Resistance Test to identify “Quick-Set” Emulsified Asphalt 3. RESIDUE FROM EMULSION TEST SHORT TITLE AASHTO T4-59 ASTM D244 Residue by Evaporation AASHTO T49 ASTM D2397 Penetration 100mg at 5 sec. 77˚F (25˚C) 4. SLURRY SEAL SYSTEM TEST SHORT TITLE ISSA T101 Guide for Sampling Slurry Mix for Extraction ISSA T106 Measurement of Slurry Seal Consistency ISSA T109 Test Method for Measurement of Excess Asphalt in Bituminous Mixtures by Use of a Loaded Wheel Tester ISSA T111 Outline Guide Procedure for Slurry Seal ISSA T112 Method of Estimate Slurry Seal Spread Rates and to Measure Pavement Macro Texture ISSA T114 Wet Stripping Test for Cured Slurry Seal Compatibility ISSA T115 Determination of Slurry Seal Compatibility ISSA T139 Method of Classified Emulsified Asphalt, Aggregate Mixtures by Modified Cohesion Test Measurement of Set and Cure Characteristics ASTM D3910 Design, Testing and Construction of Slurry Seal ASTM D2172 Quantitative Extraction of Bitumen for Bituminous Paving Mixtures End of Section NOTICE OF AWARD - CONSTRUCTION TO: PROJECT DESCRIPTION: Slurry Seal City Streets The OWNER has considered the BID submitted by you for the above-described work in response to its Advertisement for bids dated , 2022, and Information for Bidders. ---PAGE BREAK--- You are hereby notified that your BID has been accepted for items in the amount of: BASE BID $ OPTION #1 $ DESCRIPTION: TOTAL BID AMOUNT $ 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 who will then sign it and return a completed copy. Dated this day of , 20 . ACCEPTANCE OF NOTICE Owner Receipt of the above Notice of Award is hereby acknowledged By by: Sign name: Print name: Title Title: Company: Date: Please sign and send back to: Attn: Karen Rimmer City of Douglas P.O. Box 1030 Douglas, WY 82633 AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT made on the day of , 20 , 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 ---PAGE BREAK--- Specifications for Slurry Sealing 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 reference: Call for Bids Performance/Contractor's Bond Instructions to Bidders Notice of Award Non-Collusion Affidavit Notice to Proceed Bid - Schedule of Prices Drawings Bid Bond Supplemental Specifications General Provisions ( ) Addenda Special Provisions ( ) Other Contract Documents **All items checked are in this packet. The work is generally described as follows: Slurry sealing City Streets ARTICLE II - TIME OF COMPLETION a) The work to be completed under this Contract shall be fully completed and billed by the 15th, of October 2023. 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: Final Completion 86 calendar days 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 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 ---PAGE BREAK--- Order, the contract price of based on the unit and lump sum pries listed in the Bid Schedule. 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 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. c) Retainage. Progress payments will be made in an amount equal to 90% of the work completed, and 90% of Invoice Cost of materials and equipment not incorporated in the work, but delivered and suitably stored, less in each case the aggregate of payments previously made. d) Final Payments. Upon final completion and acceptance of the work in accordance with the General Provisions, OWNER shall pay the remainder of the Contract Price as recommended by the Owner's Representative. 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 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. ---PAGE BREAK--- 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: TITLE: ATTEST: CONTRACTOR: (seal) BY: TITLE: ---PAGE BREAK--- 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 , 2022, a copy of which is hereto attached and made a part hereof for the construction of: Slurry Sealing – City Streets 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 thereunder 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 , each one of which shall be deemed an original, this the day of , 2022. ---PAGE BREAK--- 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--- NOTICE TO PROCEED - CONSTRUCTION TO: Project: Slurry Seal City Streets Type of Contract: Bid Amount of Contract: $ You are hereby notified to commence work on the referenced contract on or before , and shall fully complete all of the work of said contract within calendar days thereafter. Therefore, your completion and billing date is 2022. The contract provides for an assessment of the sum of $ as liquidated damages for each consecutive calendar day after the above established contract completion date that the work remains incomplete. DATED THIS DAY OF . OWNER ACCEPTANCE OF NOTICE Receipt of the foregoing Notice to Proceed is hereby acknowledged By: Dated this day of , 2022.