Document Monument_doc_125a98b5ff

1 Request for Proposals Town of Monument Asphalt Overlay Project Notice Inviting Proposals The Town of Monument is requesting proposals to mill and overlay streets in the Downtown section of Monument, CO. Proposals will be received by the Town of Monument’s Engineering Assistant, 645 Beacon Lite Road, 2nd Floor, Monument, CO 80132 until June 23, 2017 at 2:00 PM, at which time they will be opened. A MANDATORY PRESUBMITTAL CONFERENCE and SITE VISIT will be held on June 16, 2017 at 2:00 PM. All interested contractors should meet at the Monument Town Hall Auditorium (645 Beacon Lite Road). A walk-through of the site and identification of the items listed in the scope of work attached to this document will be conducted by Town Staff. Only firms attending this conference will be considered for the award of this work. Any questions regarding this Request for Proposals should be directed to Tom Martinez, Town of Monument Engineering Assistant at (719) 884-8036 or via email at [EMAIL REDACTED]. The Town of Monument hereby notifies all Bidders that it will affirmatively insure that, in any contract entered into pursuant to this notice, 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, color, sex or national origin in consideration of an award. Each proposal must be accompanied by a Bid Bond, in the total amount of the bidder’s bid proposal, without conditions, payable to the TOWN OF MONUMENT. Proposal Guaranties consisting of bid bonds will be retained by the Town until the contract is awarded, provided the time from bid opening to contract award does not exceed sixty days. The Bid Bonds accompanying the other Proposals will be returned after the bid opening and verification of the proposals. The Town reserves the right to withhold payment from the successful contractor if the work is not performed according to the contract documents, if the request for payment exceeds the amount of work performed, or for any irregularity that the Town, in its sole discretion, determines to be a reason to withhold payment. The contractor to whom a contract is awarded shall maintain compensation insurance for employees engaged in the work, complying with the workmen’s compensation laws of the State of Colorado. He shall also maintain liability insurance protecting him, as well as the Town, from claims because of bodily injury (including death), property damage, and any other direct physical losses, arising during this contract. The Town reserves the right to reject all Bids, and to determine which proposal is, in its sole judgment, the lowest responsive Bid of a responsible Bidder, and which proposal should be accepted in the best interest of the Town. The Town also reserves the right to waive any informalities in any proposal or Bid. Proposals received after the time announced for the opening will not be considered. No Bidder may alter his prices or withdraw his Bid after the time announced for the opening or before the award and execution of a contract, unless the award is delayed for a period exceeding sixty (60) days after the time of opening proposals By order of the Town of Monument Date: May 26, 2017 ---PAGE BREAK--- 2 INSTRUCTIONS TO BIDDERS 1. Pre-Construction Meeting and Site Visit A mandatory pre-construction meeting and site visit will be held on Friday, June 16, 2017 at 2:00 PM. All interested Contractors should meet at the Monument Town Hall Auditorium (645 Beacon Lite Road). A walk-through of the site and identification of the items listed in the scope of work attached to this document will be conducted by Town Staff. 2. Examination of Contract Documents Each Bidder shall thoroughly examine and be familiar with legal and procedural documents, general conditions, drawings, and addenda (if any). The submission of a signed proposal shall constitute an acknowledgment, upon which the Town may rely, that the Bidder has thoroughly examined and is familiar with the contract documents. The failure or neglect of a Bidder to receive or examine any of the contract documents shall in no way relieve him from any obligation with respect to his proposal or the contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any contract documents. 3. Interpretation of Contract Documents No oral representations or interpretations will be made to any Bidder as to the meaning of the contract documents. Requests for an interpretation shall be made in writing and delivered to the Town’s Engineering Assistant at [EMAIL REDACTED] at least three days before the time announced for opening the proposals. Interpretations by the Town will be in the form of an addendum to the contract documents and, when issued, will be sent as as is practical to all parties to whom the Bid documents have been issued. All such addenda shall become part of the contract. Requests for information regarding this procedure or other information shall be directed to the Town’s Director of Public Works. 4. Basis for Selection of Contractor Although price is of importance to the Town, the Town reserves the right to disqualify any contractor or reject any or all proposals, or waive any informality or irregularity in any proposal for any reason. 5. Inspection of Work Site If a Bidder finds facts or conditions which appear confusing to him, he may apply to the Town for additional information and explanation before submitting his Bid. However, no such supplemental information so requested or furnished shall vary the terms of the contract documents or the Contractor's sole responsibility to satisfy himself as to the conditions of the work to be performed. The submission of a proposal by a Bidder shall constitute the acknowledgment that, if awarded a contract, he has relied and is relying on his own examination of the work site, the access to the site, and all other data, matters, and things requisite to the fulfillment of the work and on his own knowledge of existing conditions on and near the work site to be constructed under the contract, and not on any representation ---PAGE BREAK--- 3 or warranty of the Town. No claim for additional compensation will be allowed which is based upon a lack of knowledge of the above items. 6. Proposal Proposals shall be made on the Bid Proposal Form included herein. All proposals shall give the unit pricing, and the total price proposed, both in writing and in figures, and shall be signed by the Bidder or his authorized representative with his address. If the proposal is made by an individual, his name, signature, and post office address must be shown; if made by a firm or partnership, the name and post office address of the firm or partnership and the signature of at least one of the general partners must be shown; if made by a corporation, the proposal shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation, and the title of the person who signs on behalf of the corporation. Each proposal shall be submitted with all the required documents described herein and shall be enclosed in a sealed envelope, labeled "Town of Monument Overlay Project 2017". Bidders are warned against making erasures or alterations of any kind, and proposals which contain omissions, erasures or irregularities of any kind may be rejected. No oral, telegraphic, or telephonic proposals or modifications will be considered. The quantities listed on the Bid Form are the Town’s suggested quantities to complete the overall construction. 7. Addenda Each proposal shall include specific acknowledgment in the space provided of receipt of all addenda issued during the bidding period. Failure to so acknowledge may result in the proposal being rejected as not responsive. The Contractor is responsible for verifying that all addenda have been received and for obtaining all addenda prior to submitting Bids for the work. 8. Interpretation of Addenda No oral interpretation will be made to any Bidder as to the meaning of the Contract Documents or any part thereof. Every request for such an interpretation shall be made electronically to the Town’s Engineering Assistant at [EMAIL REDACTED]. Any inquiry received three or more days prior to the date fixed for opening of Bids will be given consideration. Every interpretation made to a Bidder will be in the form of an Addendum to the Contract Documents and, when issued, will be on file in the office of the Town of Monument at least two days before Bids are opened. In addition, all Addenda will be sent electronically to each person holding Contract Documents, but it shall be the Bidder’s responsibility to make inquiry as to the Addenda issued. All such Addenda shall become part of the Contract and all Bidders shall be bound by such Addenda, whether or not received by the Bidders. 9. Bid Price The Bid price shall include everything necessary for the completion of construction and fulfillment of the contract including, but not limited to, furnishing all materials, ---PAGE BREAK--- 4 equipment, tools, and other facilities; and all management, superintendence, labor and services, except as may be provided otherwise in the Contract Documents. In the event of a difference between a price quoted in words and a price quoted in figures for the same quotation, the words shall be considered the amount bid. Unit prices must be included by the Bidder for each item listed on the Bid Form. The total of the unit prices multiplied by the quantities provided in the Bid Form shall be the lump sum Bid price (TOTAL COST) submitted by the Bidder. Unit prices listed by the successful Bidder in the Bid Form will be the basis for any additive or deductive change orders during the execution of the Work. 10. Taxes N/A - The Town of Monument is a tax-exempt entity. 11. More Than One Bid A person, firm, or corporation who has quoted prices to a Bidder is not hereby disqualified from submitting a sub-proposal or quoting prices to other Bidders. 12. Disqualification of Bidders If there is reason to believe that collusion exists among the Bidders, none of the Bids of the participants in such collusion will be considered. The Town may likewise elect to reject all Bids received. The Town of Monument reserves the right to consider as unqualified to do the work any Bidder who does not habitually perform with his forces the major portions of the work involved in construction of the Improvements embraced in this Contract. 13. Rejection of Proposals The Town reserves the right to reject any or all proposals or to waive any informality or irregularity in any proposal. The Town further reserves the right to reject any proposals which are incomplete, obscure, or irregular; any proposals which omit a Bid on any item on which Bids are required; any proposals which omit unit prices if unit prices are required; any proposal in which unit prices are unbalanced in the opinion of the Town; and any proposals from bidders who have previously failed to perform properly or to complete on time contracts of any nature. 14. Award of Contract The award of the contract or contracts will be made to the most responsive; responsible Bidder(s) whose proposal complies with all the requirements stated herein. Bids will be compared based on the total amount bid for all Bid items included in the base Bid, plus consideration of the Bidders’ qualifications, as previously stated in Section 4 of this document. The Town of Monument reserves the right to select the Bidder(s) whose proposal for base Bid and unit price Bid items is most advantageous to The Town. The Town also reserves the right to reduce the scope of work based upon prices received, if the total pricing exceeds the budget for the project. ---PAGE BREAK--- 5 Within 3 working days after the time of opening proposals, the Town will act either to accept a proposal or proposals, or to reject all proposals. If the Contract is awarded, the award will be made within 30 calendar days after the opening of proposals to the lowest bidder whose proposal complies with all the requirements prescribed. The acceptance of a proposal (or award of the contract) will be evidenced by a Notice of Award of contract in writing, delivered electronically to the Bidder(s) whose proposal is accepted. No other act of the Town shall constitute acceptance of a proposal. The award of contract(s) shall obligate the Bidder(s) whose proposal is accepted to furnish evidences of insurance, and to execute the agreement set forth in the contract documents. 15. Execution of Contract The contract agreement(s) shall be executed by the successful Bidder(s) and returned to the Town, together with the evidences of insurance, within seven working days following award of the contract(s). After execution by the Town, one copy shall be returned to the Contractor(s). Failure of a Contractor to execute the contract within the specified time shall be just cause for withdrawal of the contract award by the Town. Form of Proposal The contractor shall provide unit pricing for each work item in the Scope of Work listed above, where applicable on the Bid Form, a total must also be provided. (REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK) ---PAGE BREAK--- PROJECT MANUAL for TOWN OF MONUMENT OVERLAY PROJECT 2017 MANDATORY PRE-SUBMITTAL CONFERENCE: JUNE 16th, 2017@ 2:00 PM BID OPENING: JUNE 23rd, 2017 @ 2:00 PM PLACE: Town of Monument Town Hall - Board Room 645 Beacon Lite Road Monument, CO 80132 TOWN OF MONUMENT 645 Beacon Lite Road Monument, CO 80132 Phone (719) 481-2954 Fax: (719) 884-8011 ---PAGE BREAK--- TABLE OF CONTENTS SECTION TITLE C DIVISION 0 – CONTRACT FORMS 00200 SCOPE OF WORK 00300 CONTRACT AGREEMENT FORMS 00400 GENERAL CONDITIONS 00500 SUPPLEMENTARY CONDITIONS DIVISION 1 – GENERAL REQUIREMENTS 01015 CONTRACT TIME 01500 CONTRACTOR’S FACILITIES AND UTILITIES 01700 CONTRACT CLOSEOUT DIVISION 2 – SITE WORK 02100 SITE PREPARATION ---PAGE BREAK--- SECTION 00200 SCOPE OF WORK PART 1 - GENERAL 1.01 SEE EXHIBIT A, MONUMENT OVERLAY MAP, EXHIBIT B, and BID FORM **END OF SECTION** 00200-1 ---PAGE BREAK--- SECTION 00300 CONTRACT AGREEMENT FORM TOWN OF MONUMENT THIS AGREEMENT, made this day of by and between the Town of Monument, Colorado herein called “Town of Monument” acting herein through its Town Manager and a corporation/a partnership/an individual (Strike Out Inapplicable Terms) doing business as of County of and State of Hereinafter called “Contractor.” WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the TOWN OF MONUMENT, the CONTRACTOR hereby agrees with the TOWN OF MONUMENT to commence and complete the construction described as follows: TOWN OF MONUMENT OVERLAY PROJECT hereinafter called the Project, for the sum of Dollars and all extra work in connection therewith, under the terms as stated in the General and Supplemental Conditions of the Contract, and the Terms and Conditions of the Contract, and at his (its or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said project in accordance with the conditions and prices stated in the Proposal, the General Conditions, and Supplementary Conditions of the Contract, the plans which include all maps, plats, blue prints, and other drawings and printed or written explanatory matter thereof, the specifications and contract documents therefore as prepared by the Town of Monument, and as enumerated in Paragraph 1 of the Supplementary Conditions, all of which are made a part hereof and collectively evidence and constitute the Contract. The Contractor hereby agrees to commence work under this Contract on or before a date to be specified in a written “Notice to Proceed” of the Town of Monument and to fully complete the project within 60 consecutive work days thereafter. The TOWN OF MONUMENT agrees to pay the CONTRACTOR in current funds for the performance of the Contract, subject to additions and deductions, as provided in the General Conditions of the Contract. 00300-1 ---PAGE BREAK--- IN WITNESS WHEREOF, the parties to these presents have executed this Contract in three counterparts, each of which shall be deemed an original in the year and day first above mentioned. (SEAL) ATTEST: Owner – Town of Monument Town Clerk Witness Title (SEAL) ATTEST: Contractor Town Clerk Witness Title Address 00300-2 ---PAGE BREAK--- GUARANTEE Town of Monument TOWN OF MONUMENT OVERLAY PROJECT The undersigned guarantees the construction and installation of all the work performed and equipment and materials furnished under the contract for the above referenced project for two years from inspection and acceptance of the entire scope of work. Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the Plans and Specifications, due to any of the above causes, all within two years after date on which the completed project is accepted by the Town, the undersigned agrees, that upon receipt of notice in writing from the Town, that the undersigned shall make all repairs arising out of defective materials, or workmanship within ten (10) calendar days of such notice at no cost to the Town. The Town is hereby authorized to make such repairs if the undersigned fails to make or undertake with due diligence the repairs; provided, however, that in the case of an emergency, where in the opinion of the Town, delay could cause serious loss or damage, repairs may be made without notice being sent to the undersigned, and all expense in connection therewith shall be charged to the undersigned. In the event the work performed by the undersigned is deficient or defective, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the Town. If the undersigned shall fail or refuse to comply with his obligations under this guarantee, the Town shall be entitled to all costs and expenses, including attorney’s fees, reasonably incurred because of the said failure or refusal. DATE CONTRACTOR 00300-3 ---PAGE BREAK--- TOWN OF MONUMENT CERTIFICATION STATEMENT REGARDING ILLEGAL ALIENS The Contractor/or Vendor, whose name and signature appear below, certifies and agrees as follows: 1. The Contractor/Vendor shall comply with the provisions of CRS 8-17.5-101 et seq. 2. The Contractor/Vendor does not knowingly employ or contract with any illegal alien or contract with a subcontractor that knowingly employs or contracts with any illegal alien. 3. The Contractor/Vendor represents, warrants, and agrees that it has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, or (ii) otherwise shall comply with the requirements of CRS 8-17.5-101(2)(b)(l). 4. The Contractor/Vendor shall comply with all reasonable requests made during an investigation by the Colorado Department of Labor and Employment. CERTIFIED and AGREED to this of Month Year Contractor/Vendor (Full Legal Name) BY: Signature of Authorized Representative Position (Title) Attestation: (A corporate attestation is required). BY: Corporate Secretary or Equivalent Place Seal above if applicable CONTRACTOR/VENDOR CANNOT BEGIN WORK UNTIL THIS COMPLETED FORM IS RETURNED 00300-4 ---PAGE BREAK--- TOWN OF MONUMENT IMMIGRATION STATUS AFFIDAVIT I, currently lawfully possess and can produce upon request the following identification document as evidence of my lawful presence in the United States (check one): Valid Colorado driver’s license or a Colorado Identification card issued by the Department of Revenue. United States military card or military dependent’s identification card. United States Coast Guard Merchant Mariner Card. Native American tribal document. List the identification number from the document you are relying upon to show your lawful presence in the United States (for example, your driver’s license number): 00300-5 ---PAGE BREAK--- 00300-6 ---PAGE BREAK--- NOTICE TO PROCEED TO: DATE: PROJECT: Town of Monument Overlay Project You are hereby notified to COMMENCE WORK in accordance with the Agreement dated on or before and you are to COMPLETE THE WORK WITHIN 60 CONSECUTIVE CALENDAR days thereafter. The date of completion of all work is therefore September 11, 2017. TOWN OF MONUMENT By Title ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by this the , 20 . By: Title: 00300-7 ---PAGE BREAK--- SECTION 00400 GENERAL CONDITIONS PART 1 - OWNER’S REPRESENTATIVE-CONTRACTOR RELATIONS 1.01 AUTHORITY OF TOWN The work and the manner of performing the same shall be done to the entire satisfaction and approval of the Town. The Town shall be the sole judge of the work and materials with respect to both quantity and quality. The contract documents do not purport to control the method of performing the work but only the requirements as to the nature of the completed work. The Contractor shall assume the entire responsibility for methods of performing the work. 1.02 INSPECTION OF CONSTRUCTION The Owner’s Representative, as often as he may deem it expedient, shall have access to the work and to the site of the work and to all places where work is being prepared or whence materials, equipment, or machinery are being obtained for the work. The Contractor shall afford every facility and every assistance in obtaining the right of such access and shall give the Owner’s Representative all information requested by him in connection therewith. If the contract documents, the Owner’s Representative’s instructions, laws, ordinances, or any public authority require any part of the work to be specially inspected, tested, or approved, the Contractor shall give the Owner’s Representative adequate prior written authority. The Contractor shall, at the request of the Owner’s Representative, at such time as the Owner’s Representative shall designate, open for inspection any part of the work which has been covered up; and should the Contractor refuse or neglect to comply with such request, the Town may employ any other person to open the same or to do so itself. If any of the parts of the work have been covered up in contravention of the Owner’s Representative’s instructions, or, if on being opened it is found not to be in accordance with the terms of the contract documents, the expense of the opening and covering up again, whether done by the Contractor or not, shall be charged to the Contractor. If the work has been covered up but not in contravention of the Owner’s Representative’s instructions and if found to be in accordance with the terms of the contract documents, the actual necessary expense of opening and covering up again shall be borne by the Town and if the work of opening and covering up is done by the Contractor, it shall be considered as Extra Work and paid for accordingly. Neither the failure to make such inspection, nor to discover defective workmanship, materials or equipment, nor acceptance of or payment to the Contractor for such work shall prejudice the rights of the Town thereafter to correct or reject the same as hereinafter provided. 1.03 RIGHT TO ISSUE CHANGE ORDERS If for any reason, it may become desirable during the work to change the alignment, dimensions or design of the work, to add work or to delete work, the Town reserves the right to issue change orders in writing to give effect to such changes as may be necessary or desirable. The changes may or may not result in a change in the cost of work or time required to perform the work. When the Contractor considers that any change ordered in writing by the Town involves a change in the cost of work or time required to perform the work, he shall immediately notify the Town in writing and shall subsequently keep the Town informed as to when and where extra work 00400-1 ---PAGE BREAK--- is to be performed and shall make claim for compensation therefor each month not later than the first day of the month following that in which the work claimed as extra work was performed. If the changes do, in the opinion of the Town, change the cost of work or time required to perform the work, the contract price shall be equitably adjusted. The Owner’s Representative may instruct the Contractor in writing to make minor changes in the construction where such changes are, in the opinion of the Owner’s Representative, not inconsistent with the purposes of the contract documents and where such changes do not involve additional cost for the work to be furnished. The Contractor shall make no such minor changes without receipt of written Owner’s Representative’s instructions setting forth the minor changes to be made and the Contractor's compliance therewith shall constitute his acknowledgment that such minor changes will not result in any additional cost for construction. 1.04 SUCCESSOR'S OBLIGATION All grants, covenants, provisos and claims, rights, powers, privileges, and liabilities contained in the contract documents shall be read and held as made by and with and granted to and imposed upon the Contractor and the Town and their respective heirs, executors, administrators, successors, and assigns. 1.05 CONTRACTOR'S PLANT AND EQUIPMENT The Contractor alone shall always be responsible for the adequacy, efficiency, and sufficiency of his and his Subcontractor's plant and equipment. The Town shall have the right to make use of the Contractor's plant and equipment in the performance of any work on the site of the work. The use of such plant and equipment shall be considered as Extra Work and paid for accordingly. 1.06 COOPERATION The Town, or other contractors performing work on behalf of the Town, shall be at liberty to enter upon the site of the work with workmen and materials to do work, and the Contractor shall afford any such workmen all reasonable facilities and cooperation to the satisfaction of the Owner’s Representative. The Contractor shall arrange his work and dispose of his materials in such a manner as will not interfere with work or storage of materials of the Town or of others upon the site of the work. The Contractor shall make good any injury or damage that may be sustained by other Contractors or employees of the Town at his hands. The Contractor shall join his work to that of others and perform his work in proper sequence in relation to that of others to the satisfaction of the Owner’s Representative. The Contractor shall plan for reasonable alternative measures which could be implemented to accommodate possible concurrent construction of other portions of the scope of work by the Town. Any difference or conflict arising between the Contractor and any other Contractor employed by the Town, or between the Contractor and the workmen of the Town about their work, shall be submitted to the Owner’s Representative and the Contractor shall abide by his decision in the matter. If the work of the Contractor is delayed because of any facts or omissions of any other Contractor or of the Town, the Contractor shall on that account have no claim against the Town other than for an extension of time. 1.07 ASSIGNMENT OF CONTRACT The Contract shall not be assigned in whole or in part without the written consent of the Owner’s Representative and Town Attorney. Consent will not be given to any proposed assignment which would relieve the original Contractor or his surety of their responsibilities under the contract nor will the Owner’s Representative consent to any assignment of a part of the work under the con- tract. 00400-2 ---PAGE BREAK--- 1.08 SUBCONTRACTS The Contractor shall be responsible for all work performed by Subcontractors. No Subcontractor will be recognized as such, and all persons engaged in the Work will be considered as employees of the Contractor, and their work shall be subject to the provisions of the Contract. When it is stated in the contract documents that a manufacturer, supplier, or any other person other than the Contractor, the Town or the Owner’s Representative shall do something, it means that the Contractor shall cause such person to do that thing. The Contractor shall perform a minimum of thirty (30) percent of the Work with its own forces without subcontracting). The thirty (30) percent requirement shall be understood to refer to the Work, the value of which totals not less than thirty (30) percent of the Contract Price. 1.09 CONTRACTOR'S EMPLOYEES AND SUBCONTRACTORS The Contractor shall always be responsible for the adequacy, efficiency, and sufficiency of his employees and any Subcontractor or persons employed by the Subcontractors. All workmen must have sufficient knowledge, skill, and experience to perform properly the work assigned to them. Contractor agrees and understands that the contractor must comply with the Colorado State “Illegal aliens – contracts for service” as set forth in CRS 8-17.5-101 and that the contractor shall not violate those provisions of CRS 8-17.5-102. Contractor shall complete and sign the required “Certification Statement Regarding Illegal Aliens” and “Immigration Status Affidavit” included in Section 00300 of this document prior to issuance of the Notice to Proceed by the Town. Contractor shall complete and sign the “Affidavit – Restriction of Public Benefits” form included in Section 00300 of this document prior to issuance of the Notice to Proceed by the Town. 1.10 ATTENTION TO WORK The Contractor shall give his personal attention to and shall supervise the work to the end that it shall be prosecuted faithfully, and when he is not personally present on the work, he shall at all reasonable times be represented by a competent superintendent who shall receive and obey all instructions or orders given under the Contract, and who shall have full authority to execute the same, and to supply materials, tools and labor without delay, and who shall be liable for the faithful observance of any instructions delivered to him or to his authorized representative. The Contractor shall designate in writing the superintendent at the work site before work begins and shall include the following information: name of person, authority, supervisor, and how to contact and/or locate this person (including a 24-hour phone number). 1.11 SERVICE OF NOTICES Any notice, order, direction, request or other communication given by the Town to the Contractor under the Contract shall be deemed to be well and sufficiently given to the Contractor if left at any office used by the Contractor, or delivered to the Contractor's designated superintendent on the site of the work, or mailed in any post office addressed to the Contractor at the address mentioned in the contract, or at the Contractor's last known place of business, and if mailed, shall be deemed to have been given to and received by the Contractor a day after the day of mailing in any post office near the work. 00400-3 ---PAGE BREAK--- 1.12 DEVIATION FROM CONTRACT The Contractor shall not make any alteration or variation in or addition to or deviation or omission from the terms of this Contract without the written consent of the Town. 1.13 SUGGESTIONS TO CONTRACTOR Any plan or method of work suggested by the Town or the Owner’s Representative to the Contractor but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Town and the Owner’s Representative shall assume no responsibility therefor and in no way be held liable for any defects in the work which may result from or be caused by use of such plan or method of work. Acceptance by the Contractor of any plan or method of work or change suggested by the Town shall not relieve the Contractor from any other requirements or provisions of the contract. 1.14 JOINT VENTURE CONTRACTOR In the event the Contractor is a joint venture of two or more Contractors, all grants, covenants, provisos and claims, rights, power, privileges, and liabilities of the contract shall be construed and held to be several as well as joint; any notice, order, direction, request or other communication required to be or that may be given by the Town or Owner’s Representative to the Contractor under this agreement shall be well and sufficiently given to all persons being the Contractor if given to any one or more of such persons; any notice, request or other communication given by any one of such persons to the Town or the Owner’s Representative under this agreement shall be deemed to have been given by and shall bind all persons being the Contractor. 1.15 WAIVER OF RIGHTS BY TOWN No action or want of action on the part of the Town at any time to exercise any right or remedies conferred upon it under this contract shall be deemed to be a waiver on the part of the Town of any rights or remedies. 1.16 TOWN'S RIGHT TO DO WORK Town reserves the right to let other contracts in connection with this work. Contractor shall afford other contractors reasonable opportunities for introduction and storage of their materials and execution of their work and shall properly connect and coordinate his work with theirs. If any part of Contractor's work depends on proper execution or results upon work of any other contractor, the Contractor shall inspect and report to the Owner’s Representative any defects in such work that render it unsuitable for such proper execution and results. His failure to inspect and report shall constitute his acceptance of other contractor's work as fit and proper for reception of his work, except as to defects which may develop in other contractor's work after execution of his work. To ensure proper execution of his subsequent work, Contractor shall measure and inspect work already in place and shall at once report to the Owner’s Representative any discrepancy between executed work and contract documents. Contractor shall ascertain to his own satisfaction the scope of the project and nature of any other contracts that have been or may be awarded by Town in prosecution of the project to the end that Contractor may perform this contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of project. Contractor shall not cause any unnecessary hindrance or delay to any other Contractor working on the project. If simultaneous execution of 00400-4 ---PAGE BREAK--- any contract for the project is likely to cause interference with performance of some other contract or contracts, Town shall decide which Contractor shall cease work temporarily and which Contractor then shall continue or whether work can be coordinated so that the Contractors may proceed simultaneously. 1.17 RIGHT TO AUDIT Before the issuance of the appropriate acceptance notice or notice of termination and for 3 years thereafter, the Contractor and its subcontractors shall keep adequate books, records, receipts, vouchers, and other documentation pertaining to the Work under this Contract. The Town and its designees shall have access during normal working hours to such documentation for the purpose of verifying its accuracy of charges to the Town and for all other reasonable purposes. Such access shall include the right to discuss the documentation with Contractor's personnel having knowledge of its contents and the right to copy the documentation at the Town's expense. The Contractor shall make appropriate adjustments to its documentation and shall reimburse the Town for all overpayments made by the Contractor and brought to the Contractor's attention. If the Contractor refuses to provide such audit access, any cost in dispute shall not be allowed, but will be deemed to be included in Contractor's Bid. PART 2 - MATERIAL, EQUIPMENT, AND WORKMANSHIP 2.01 GENERAL QUALITY Material and equipment shall be new and of a quality equal to that specified or accepted. Mechanical and electrical equipment shall be the products of manufacturers of established good reputations regularly engaged in the fabrication of such equipment. Unless otherwise noted, any equipment offered shall be current modifications which have been in successful regular operation under comparable conditions for a period of at least 2 years. This time requirement, however, does not apply to minor details nor to thoroughly demonstrated improvements in design or in materials of construction. The work shall be executed in conformity with the best accepted standard practice of the trade so as to contribute to maximum efficiency of operation, accessibility and appearance, and minimum cost of maintenance and construction of future alterations and additions. It shall also be so executed that the completed work will conform to any existing installation. The equipment systems and shown or described indicate the level of operation and control required. The Contractor may propose alternatives to these equipment systems and subject to the conditions set forth herein. Equipment systems and provided, even though of the make and/or model specified may differ in detail, arrangement or connections (mechanical, electrical, or instrumentation), shall be equal to those specified. The Contractor shall furnish coordinated drawings, descriptive data and details to show that he and the Subcontractors concerned understand the consequential effects of all interrelated equipment, systems and including all modes of operation and control thereof. 2.02 QUALITY IN ABSENCE OF DETAILED SPECIFICATIONS Whenever the Contractor shall furnish materials or manufactured articles or shall do work for which no detailed specifications are set forth, the materials or manufactured articles shall be of the best grade in quality and workmanship obtainable in the market from firms of established good reputation, or, if not ordinarily carried in stock, shall conform to the usual standards for first-class materials or articles of the kind required with due consideration of the use to which they are to be put. In general, the work performed shall be in full conformity and harmony with the intent to secure the best standard of construction and equipment of the work as a whole or in part. 00400-5 ---PAGE BREAK--- 2.03 MATERIAL AND EQUIPMENT SPECIFIED BY NAME Whenever any material or equipment is specified by patent or proprietary name or by the name and/or model number of one or more manufacturers, and is followed by the words "or approved equal", such specifications shall be considered as used for the purpose of describing the quality, appearance, performance and finish of the material or equipment desired. Whenever any material or equipment is specified by patent or proprietary name or by the name of one or more manufacturers, and the words "or approved equal" do not appear, such material or equipment shall be so specified for the purpose of standardization with existing equipment or materials or has no known equal. 2.04 SUBSTITUTION OF MATERIAL OR EQUIPMENT The Contractor may offer material or equipment with equal or better qualities and performance in substitution for those specified which he considers would be in the Town's interest to accept. No offers for substitution will be acknowledged or considered from suppliers, distributors, manufacturers or subcontractors. The Contractor shall submit sufficient data which, together with any other data the Owner’s Representative may require, will enable the Owner’s Representative to assess the acceptability of the material or equipment. The burden of proof as to the quality, suitability and equality of the substitute equipment or material, and the expense therefore, shall be entirely upon the Contractor. The Owner’s Representative will be the sole judge as to the comparative quality and suitability of such substitute equipment or material and the decision so rendered will be final. Acceptance of any offer of substitute material or equipment will be done so only in writing from the Owner’s Representative. Such acceptance by the Owner’s Representative shall not relieve the Contractor from compliance with all other requirements of the Contract documents nor from full responsibility for the efficiency, sufficiency, quality, and performance of the substitute material or equipment, in the same manner and degree as the material and equipment specified by name. When the substitute equipment or material necessitates changes to or coordination with any other portion of the work, the data submitted shall include drawings and details showing all such changes. If ultimately accepted, the Contractor shall bear the expense of any redesign, drawing or specification preparation necessary to incorporate the substitute material or equipment into the work and shall be responsible for all costs directly and indirectly associated with providing the substitute items including changes to other parts of the work and testing of equipment. The Contractor's failure to submit data substantiating a request for a substitution of an "or equal" item within the specified period after the award of the contract shall be deemed to mean that the Contractor intends to furnish one of the specific brand-named products named in the specif- ications, and that the Contractor does hereby waive all rights to offer or use substitute products in each such case. Whenever a proposed substitute product has not been submitted within the specified period or whenever the submission of a proposed substitute product fails to meet the requirements of the specifications and an acceptable resubmittal is not received by the Manager within the specified period, the Contractor shall furnish only the product originally named in the specifications. 2.05 SAMPLES AND TESTS OF MATERIALS In the case of materials to be supplied by the Contractor, samples shall, if and when required by the specifications or the Owner’s Representative, be prepared and submitted by the Contractor for checking. The samples or test specimens shall be prepared and furnished with information as to 00400-6 ---PAGE BREAK--- their source in such quantities and sizes as may be required for proper examinations and tests, with all freight charges prepaid. All samples shall be submitted before shipment of the material to the site of the work and in ample time to permit the making of proper tests, analyses, examinations, rejections, and resubmissions before the time at which it is desired to incorporate the material into the work. All tests of materials furnished by the Contractor will be made by the Owner’s Representative in accordance with recognized standard practice. No such materials shall be used in the work unless or until they have been accepted in writing by the Owner’s Representative, and samples of materials will be retained by the Owner’s Representative for reference and comparison purposes. The cost of material inspection and testing near the work unless specified otherwise herein will be borne by the Town. If the inspection and testing of materials near the work is not practicable, the Contractor may request such inspection and testing take place at the point of manufacture. In such an event the additional cost to the Town of remote inspection and testing shall be charged to the Contractor. Such additional costs will consist essentially of reimbursement for travel time and expense to and from the remote point. 2.06 PROOF OF COMPLIANCE WITH CONTRACT In order that the Owner’s Representative may determine whether the Contractor has complied with the requirements of the contract documents not readily determinable through inspection and tests of plant, equipment, work, or materials, the Contractor shall at any time when requested, submit to the Owner’s Representative properly authenticated documents or other satisfactory proofs as to his compliance with such requirements. 2.07 STORAGE OF MATERIALS AND EQUIPMENT Materials and equipment shall be stored to insure the preservation of their quality and fitness for the work. Equipment shall only be stored in the Contractor's work area shown on the plans and shall not be stored in public rights of way, streets, or sidewalks or on property without the permission of the Owner. Stored equipment and materials shall be located to facilitate inspection. The Contractor shall be responsible for all damages that occur to materials and equipment until the completion and final acceptance of the work by the Town. 2.08 MANUFACTURER'S DIRECTIONS Manufactured articles, material and equipment shall be applied, installed, connected, erected, adjusted, tested, used, cleaned, and conditioned as directed by the manufacturer unless specified to the contrary. 2.09 DEFECTIVE MATERIAL, EQUIPMENT, AND WORKMANSHIP When and as often as the Owner’s Representative is not satisfied with the work done or being done under the contract, or with the kind of quality of materials or equipment supplied in connection therewith, he may give notice of his dissatisfaction to the Contractor in writing, and the Contractor shall immediately upon receipt of such notice do all things required to satisfy the Owner’s Representative. Should the Contractor refuse or neglect to so satisfy the Owner’s Representative within the space of 5 days from the receipt of such notice, the Town may employ some other person to do or may himself do all things required to obtain such satisfaction, and for such purpose may use or allow the use of the Contractor's plant and equipment and all expenses and costs subsequent thereto shall be charged to the Contractor; provided, however, that the employment of such other person or the doing of the work by the Owner himself shall in no way affect the Contractor's duties and liabilities hereunder, nor in any way relieve him from the 00400-7 ---PAGE BREAK--- performance and fulfillment of any or all his covenants, undertakings, obligations, and duties under the contract. The fact that the Owner’s Representative has not disapproved or rejected any part of the work or any of the materials or equipment supplied in connection therewith at the time any progress payment estimate is made hereunder, or at any other time during the continuance of the contract shall not be deemed to be construed to be an acceptance of any such part of the work or any such materials. 2.10 RETENTION OF DEFECTIVE OR NON-CONFORMING WORK If, in the opinion of the Owner’s Representative, the defective or non-conforming work is not of sufficient magnitude or importance to make the work dangerous or undesirable, or if, in the opinion of the Owner’s Representative, the removal of such work is impractical or will create conditions which are dangerous or undesirable, the Town shall have the right and authority to retain such work instead of requiring it to be removed or reconstructed, but will make such deduction therefore in the payments due or to become due to the Contractor as he may deem just and reasonable. 2.11 MATERIALS AND EQUIPMENT TO BE FURNISHED BY TOWN Materials and equipment specifically indicated may be furnished by the Town and shall be installed by the Contractor. The fact that the Town is to furnish material and equipment will be considered conclusive evidence of its acceptability for the purpose intended and the Contractor may continue to use it until otherwise directed. If the Contractor discovers any defect in material and equipment furnished by the Town, he shall notify the Owner’s Representative. Any work done after such discovery, until authorized, will be done at the Contractor's risk. Unless otherwise noted or specifically stated, materials and equipment furnished by the Town which are not of local occurrence are considered to be F.O.B. the nearest railroad station or truck terminal. The Contractor shall be prepared to unload and properly protect all such material and equipment from damage or loss. Such material and equipment after receipt at the point of delivery shall form part of the work for all purposes of the contract as if it had been supplied by the Contractor himself. 2.12 GUARANTEE All work performed and equipment or material furnished shall be guaranteed for two years from date of acceptance against any inherent or developed defects of material or workmanship in manufacture or installation. The Contractor shall execute the Guarantee form included with the Contract. Upon receipt of notice in writing from the Town, the Contractor shall make all repairs arising out of defective materials, or workmanship, or equipment. The Town is hereby authorized to make such repairs if, 10 days after the giving such notice to the Contractor, the Contractor has failed to make or undertake with due diligence the repairs; provided, however, that in the case of an emergency, where, in the opinion of the Town, delay could cause serious loss or damage, repairs may be made without notice being sent to the Contractor, and all expense in connection therewith shall be charged to the Contractor. All guarantees normally provided by manufacturers of equipment or material installed under this project shall be furnished to the Town of Monument and shall remain in force for their normal life. Prior to the expiration of the warranty, the Town will make visual inspection of the project to determine whether correction of any of the work is required. The Contractor shall attend such inspection if requested by the Town. The cost of such inspection shall be included in the bid price and no additional cost shall be paid to the Contractor. 00400-8 ---PAGE BREAK--- If within the warranty period or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any defective work is found, Contractor shall without cost to Town and in accordance with Town’s written instructions, either correct such defective work, or, if it has been rejected by Town, remove it from the site and replace it with non- defective work. If Contractor does not comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Town may have the defective work corrected or the rejected work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by Contractor. Contractor shall also pay for any damage done to other work, other property or persons which occurred as a result of the defective work within the correction period. PART 3 - LEGAL RESPONSIBILITY AND INSURANCE 3.01 RESPONSIBILITY OF CONTRACTOR The work shall be under the Contractor's responsible care and charge. The Contractor shall bear all loss and damage whatsoever and from whatsoever cause, except that caused solely by the negligent act of the Town which may occur on or to the work during the fulfillment of the con- tract. If any loss or damage occurs, the Contractor shall immediately make good any such loss or damage, and in the event of the Contractor refusing or neglecting to do so, the Town may itself or by the employment of some other person make good any such loss or damage, and the cost and expense of so doing shall be charged to the Contractor. The mention of any specific responsibility or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by the contract, the reference to any specific duty or liability being made herein merely for the purpose of explanation. The Contractor alone shall at all times be responsible for the safety of the job site, his and his Subcontractor's or Supplier’s employees, and for his and his Subcontractor's or Supplier’s plant and equipment and the method of prosecuting the work. 3.02 LIABILITY OF CONTRACTOR The Contractor shall be liable for all damages and injury which shall be caused to owners of property on or in the vicinity of the work or which shall occur to any person or persons or property whatsoever arising out of the performance of this contract whether or not such damage or injury be caused by the negligence of the Contractor and whether or not such damage or injury be caused by the inherent nature of the work as specified. The Contractor shall indemnify and hold the Town and their subconsultants, and all of their offi- cers, principals, agents and employees harmless from any liability whatsoever from any injuries to persons or property arising out of the performance of this contract. In case any suit or legal proceedings shall be brought against the Town or their subconsultants, or any of their officers, principals, agents or employees on account of loss or damage sustained by any person or property as a result of the performance of the work covered by this contract, whether or not such injuries or damage be due to the negligence of the Contractor and whether or not such injuries or damage be caused by the inherent nature of the work as specified, the Contractor agrees to assume the defense thereof and to pay all expenses connected therewith and all judgments that may be obtained against the Town or their subconsultants or any of their officers, principals, 00400-9 ---PAGE BREAK--- agents or employees in such suits, and in the event that any lien is placed upon the property of the Town or their subconsultants or any of their officers, principal’s agents or employees, as a result of such suits, the Contractor agrees to at once cause the same to be dissolved and discharged by giving bond or otherwise. 3.03 LAWS, REGULATIONS AND PERMITS The Contractor shall give all notices required by law and comply with all laws, ordinances, rules and regulations pertaining to the conduct of the work. The Contractor shall be liable for all violations of the law in connection with work furnished by the Contractor. If the Contractor observes that the drawings or specifications are at variance with any law, ordinance, rule or regulation, he shall notify the Town in writing and any necessary changes shall be made by instruction or change order. If the Contractor performs any work knowing to be contrary to such laws, ordinances, rules and regulations and without giving notice to the Owner’s Representative, the Contractor shall bear all costs arising therefrom. Unless otherwise specified herein, permits and licenses which are necessary only for and during the prosecution of the work and the subsequent guaranty period thereafter shall be secured and paid for by the Contractor while those permits and licenses of regulatory agencies which are necessary to be maintained after the completion of the guaranty period of the contract will be secured and paid for by the Town. The Town is eligible for sales, consumer, and use tax exemptions. The Contract is intended to be awarded under appropriate exemption procedures. Sales, consumer, and use taxes shall not be included in the Bid Price. 3.04 PUBLIC SAFETY AND CONVENIENCE The Contractor shall at all times so conduct his work as to insure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the Work, and to insure the protection of persons and property. No road or street shall be closed to the public except with the permission of the Owner’s Representative. Fire hydrants on or adjacent to the work shall be kept accessible to fire fighting equipment at all times. Temporary provisions shall be made by the Contractor to insure the use of sidewalks and private and public driveways, and the proper functioning of all gutters, sewer inlets, drainage ditches and culverts, irrigation ditches and natural water courses. The Contractor shall bear all expense of maintaining traffic over any section of road affected by the work to be done under the Contract Documents. Any signage shall be in accordance with the Manual of Uniform Traffic Control Devices. Maintenance of traffic must be approved by Town prior to initiation. The Contractor shall leave a night emergency telephone number or numbers with the Monument Police Department, so that contact may be made easily at all times in case of trouble or emergencies. 3.05 CONTRACTOR’S LIABILITY INSURANCE Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in Colorado such insurance as will protect the Contractor, any subcontractors, any suppliers, the Town, including any officer, employee or agent of the Town from claims set forth below which may arise out of or result from the Contractor's operations under the Contract whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: 00400-10 ---PAGE BREAK--- Claims under workers' or workmens' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; Claims for damages insured by usual personal injury liability coverage which are sustained by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor, or by another person; Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; and Claims involving contractual liability insurance applicable to the Contractor's obligations. See Section 00500, SUPPLEMENTARY CONDITIONS, for the amount of coverage re- quired. The Town may, in its sole discretion, reduce such amounts if they prove to be prohibitive for the Contractor to obtain. 3.06 WORKMEN’S COMPENSATION INSURANCE The Contractor and all Subcontractors shall cover or insure under the applicable laws relating to workmen's compensation or employer's liability insurance, all of their employees working on or about the construction site, regardless of whether such coverage or insurance is mandatory or merely elective under the law, and the Contractor shall defend, protect and save harmless the Town from and against all claims, suits and actions arising from any failure of the Contractor or any such Subcontractor to maintain such insurance. The Contractor shall sign and file with the Town the following certification prior to performing the work of the contract: "I am aware of the provisions of Section 8-40-203 of the Colorado Revised Statutes Articles 40 through 47 which require every employer to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." See Section 00500, SUPPLEMENTARY CONDITIONS, for the amount of coverage required. The Town may, in its sole discretion, reduce such amounts if they prove to be prohibitive for the Contractor to obtain. 3.07 UMBRELLA EXCESS LIABILITY The Contractor shall acquire and maintain Umbrella Excess Liability coverage in the amounts indicated. This provision shall in no way release the Contractor or Contractor's surety from obligations under the contract documents to fully complete the work. See Section 00500, SUPPLEMENTARY CONDITIONS, for the amount of coverage required. The Town may, in its sole discretion, reduce such amounts if they prove to be prohibitive for the Contractor to obtain. 00400-11 ---PAGE BREAK--- 3.08 AUTOMOBILE LIABILITY INSURANCE This insurance shall be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles, and shall cover operation on or off the site of all motor vehicles licensed for highway use, whether they are owned, nonowned, or hired. See Section 00500, SUPPLEMENTARY CONDITIONS, for the amount of coverage required. The Town may, in its sole discretion, reduce such amounts if they prove to be prohibitive for the Contractor to obtain. 3.09 EVIDENCES AND CANCELLATION OF INSURANCE Prior to execution of the Contract, the Contractor shall file with the Town evidences of insurance from the insurer certifying to the coverage of all insurance required herein. All evidences of insurance shall be certified by a properly authorized officer, agent, general agent or qualified representative of the insurer and shall certify the names of the insured, the type and amount of the insurance, the location and operations to which the insurance applies, the expiration date, and that the insurer will give, by registered mail, notice to the Town at least 45 days prior to the effective date of any cancellation, lapse or material change in the policy. The Contractor shall, upon demand of the Town, deliver to the Town all such policy or policies of insurance and the receipts for payment of premiums thereon; and should the Contractor neglect to obtain and maintain in force any such insurance or deliver such policy or policies and receipts to the Town, then it shall be lawful for the Town to obtain and maintain such insurance, and the Contractor hereby appoints the Town his true and lawful attorney to do all things necessary for this purpose. All money expended by the Town for insurance premiums under the provisions of this article shall be charged to the Contractor. PART 4 - PROGRESS AND COMPLETION 4.01 TIME OF COMPLETION Time is of the essence in completion of the work. The Contractor shall complete all the work in the contract within the time period set forth in Section 01015, CONTRACT TIME. 4.02 ACCEPTANCE OF THE WORK AND NOTICE OF COMPLETION Whenever the Contractor shall, in the opinion of the Owner’s Representative, have completed his contract, the Owner’s Representative shall so certify in writing and shall make a final estimate of the amount of the work done by the Contractor and also the value of his work according to the terms of the contract. The date of the Owner’s Representative's certification shall constitute the Date of Final Completion. Subsequent acceptance of the work by the Town shall constitute the date of Final Acceptance (used to start the warranty period). Immediately after Final Acceptance the Town shall file a Notice of Completion. 4.03 UNFAVORABLE WEATHER AND OTHER CONDITIONS During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work, satisfactory quality or efficiency of which will be affected by any unfavorable conditions, shall be constructed while those conditions remain, unless by special means or precautions acceptable to the Owner’s Representative, the Contractor shall be able to overcome them. 00400-12 ---PAGE BREAK--- 4.04 TEMPORARY SUSPENSION OF WORK In the event the Owner’s Representative shall determine that the work is not proceeding in accordance with the plans and specifications or any applicable rules and regulations, the Owner’s Representative may order the cessation of further work until the work proceeds in compliance with such requirements. All delays occasioned by such stoppage shall not relieve the Contractor of any duty to perform the work or serve to extend the time for its completion. Any and all necessary corrective work done in order to comply with the plans and specifications shall be done at no cost to the Town. In the event that a suspension of work is ordered as provided in this Article, the Contractor, at his expense, shall do all work necessary to provide a safe, smooth and unobstructed passageway through construction for use by public, pedestrian, and vehicular traffic, during the period of such suspension. Should the Contractor fail to perform the work above as specified, the Town will perform such work and the cost thereof will be charged against the Contractor and will be deducted from moneys due or to become due the Contractor under the contract.4.05 4.05 TERMINATION OF CONTRACT FOR CAUSE If at any time, in the opinion of the Owner’s Representative, the Contractor has failed to supply suitable equipment, an adequate working force, or material of proper quality, or has failed in any other respect to prosecute any work in a timely manner with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing will be served upon him, and should he neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the Owner’s Representative, within the time specified in such notice, the Town in any such case shall have the power to suspend the operation of the contract. Upon receiving notice of such termination, the Contractor shall discontinue said work, or such parts of it as the Town may designate. Upon such suspension, the Contractor's control shall terminate and thereupon the Town , or its duly authorized representative, may take possession of all or any part of the Contractor's materials, tools, equipment, and appliances upon the premises, and use the same for the purpose of completing said work, and hire such force and buy or rent such additional material and supplies at the Contractor's expense as may be necessary for the proper conduct of the work and for the completion thereof; or may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials and purchase the materials contracted for, in such manner as the Town may deem proper, or the Town may annul and cancel the contract and relet the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and his sureties, who will be liable therefor. In the event of such suspension, all money due the Contractor or retained under the terms of this contract shall be forfeited to the Town; but such forfeiture will not release the Contractor or his sureties from liability or failure to fulfill the contract. The Contractor and his sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operations of the contract and the completion of the work by the Town as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. In the determination of the question whether there has been any such noncompliance with the contract as to warrant the suspension or annulment thereof, the decision of the Town shall be binding on all parties to the contract. 00400-13 ---PAGE BREAK--- 4.06 TERMINATION FOR CONVENIENCE The Town may at any time terminate the Contract for its convenience, without prejudice, upon written notice to the Contractor. Upon receiving notice of such termination, the Contractor shall discontinue all Work, or such parts of it as the Town may designate. The Town will compensate the Contractor for all Work completed or partially completed at the time of receipt by the Contractor of the notice to terminate. PART 5 - MEASUREMENT AND PAYMENT 5.01 SCOPE OF PAYMENT The Contractor shall accept the compensation, as herein provided, as full payment for furnishing all labor, materials, tools, equipment and incidentals necessary to the completed work and for performing all work contemplated and embraced under the contract; also for loss or damage arising from the nature of work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the work, also for all expenses incurred in consequence of the suspension or discontinuance of the work as herein specified; and for completing the work according to plans and specifications. Neither the payment of any estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or materials. No compensation will be made in case of loss of anticipated profits. Increased or decreased work involving supplemental agreements will be paid for as provided in such agreements. 5.02 PAYMENT FOR LABOR AND MATERIALS The Contractor shall pay and cause his Subcontractors to pay all accounts for labor including workmen's compensation premiums, state unemployment, and Federal social security payments and all other wage and salary deductions required by law, services and material used by him and his Subcontractors during the fulfillment of the contract as and when such accounts become due and payable, and shall furnish the Town with proof of payment of such accounts in such form and as often as the Town may request. Should payment of such accounts not be made when and as they become due, the Town shall be at liberty to pay the same, and all money so paid by the Town shall be charged to the Contractor. 5.03 CHARGES TO CONTRACTOR Everything charged to the Contractor under the terms of the contract shall be paid by the Contractor to the Town on demand and may be deducted by the Town from any money due or to become due to the Contractor under the contract and may be recovered by the Town from the Contractor or his surety. 5.04 CHANGES IN THE WORK A. General The Town, without invalidating the Contract, may order extra work, make changes in the work, or delete any portion of the work as specified herein, or as deemed necessary or desirable by the Owner’s Representative. All such work shall be executed under the conditions of the original Contract except that any claim for extension of time and additional costs caused thereby shall be adjusted at the time of ordering such change or extra work. 00400-14 ---PAGE BREAK--- The Contractor shall in no case perform work related to changes in the contract without written authorization from the Owner’s Representative. Changes in the work shall be agreed to and recorded on a form entitled "Contract Change Order", the signatures of the various parties serving as evidence of acceptance of the work added, changed, or deleted and the cost and time adjustments in the Contract made therefore. B. Extra Work Extra work means the furnishing of materials and equipment and the doing of work not directly or by implication called for by the contract. If extra work is required, the Town may do the work itself or by the employment of others, or the Town may direct the Contractor to do the extra work. C. Work Omitted The Contractor shall, when ordered in writing by the Town, omit work and material to be furnished under the contract, and the value of the omitted work and material will be deducted from the contract price. D. Methods of Payment for Changes in the Work 1. General Extra work as hereinbefore defined, when ordered and accepted, shall be paid for under a written work order in accordance with the terms therein provided. Payment for extra work will be made as described below at the unit price or lump sum previously agreed upon by the Contractor and the Town, or by time and materials. The method of payment for extra work will be at the sole discretion of the Town. 1. Unit Price: Where quantities are changed for items Bid at a unit price, the unit price Bid shall be the basis for determining payment to the Contractor or credit to the Town. For work not bid at a unit price, but where this form of determining value is most appropriate, the Contractor and Town will negotiate mutually acceptable unit prices. 2. Lump Sum: When requested by the Town, the Contractor will prepare a lump sum price proposal for changes in the work. 3. Time and Materials Basis: The labor, materials, and equipment used in the performance of work on a time and materials basis shall be subject to the approval of the Owner’s Representative and compensation shall be determined through negotiation between the Town and the Contractor. The Contractor will keep an accurate daily record in a manner acceptable to the Owner’s Representative of all actual and necessary expense pertaining to the change and make such records available to the Town for inspection at all times. 2. Breakdown of Price Proposals When requested by the Town the Contractor or any Subcontractor shall substantiate any and all price proposals for changes in the work by submittal of detailed breakdowns of the proposed lump sum or unit price. The breakdowns shall indicate the specific materials and the price paid; labor hours, wages, and fringe benefits; equipment rental including types of equipment and rental rates; and amount for overhead and profit. If requested by the Town, this information must be submitted prior to issuance of any change order. 00400-15 ---PAGE BREAK--- 3. Actual Necessary Expense All negotiated prices will include only actual necessary expense plus allowable overhead and profit as herein specified. Actual necessary expense shall consist of the following. a. Materials and Equipment: Materials and equipment furnished by the Contractor and accepted by the Owner’s Representative and necessarily used in the work shall include applicable taxes, transportation and discounts whether taken by the purchaser or not. The Town reserves the right to furnish materials as it deems advisable, and the Contractor shall have no claims for costs and markup on such materials. b. Labor: Labor for workmen (including foremen when authorized by the Town) in direct charge of the specific work. The cost of labor shall be the actual wages (including payments to or on behalf of the workmen for health and welfare, pension, vacation and similar purposes), payment made on behalf of workmen as required by collective bargaining agreements, and actual required subsistence and travel allowance paid to such workmen. c. Construction Equipment: Equipment rental rates for the use of equipment required in the performance of the change shall be one of the following: Those listed in the latest State of Colorado Department of Transportation contract in the location of the work; those listed by the local section of the Associated General Contractors; or those mutually agreed upon by the Contractor and the Town. Rental rates shall include the cost of fuel, oil, lubrication, supplies, necessary attachments, repairs, maintenance, depreciation, storage, insurance and all other incidentals. Individual pieces of equipment or small tools having a replacement value of $100 or less shall be considered as included in the Contractor's overhead and no payment therefore shall be made except as provided below. The reasonable cost of moving equipment onto and off the job site shall be included, but equipment rental shall not be paid when the equipment is inoperative due to breakdowns. Equipment at the site of work but not in use shall not be paid for. When equipment is used on the extra work for less than five days, hourly rates shall be used and less than 30 minutes of operation shall be considered to be 1/2 hour of operation; when equipment is used on the extra work for more than five days, daily rates shall be used and less than 4 hours of operation shall be considered to be 1/2 day of operation. d. Professional Services: Professional services or advice if authorized in writing by the Town. 1) Other Costs: Other costs if authorized in writing by the Town. 5.05 RIGHT TO WITHHOLD PAYMENTS In addition to all other rights and remedies of the Town hereunder and by virtue of the law, the Town may withhold or nullify the whole or any part of any partial or final payment to such extent as may reasonable be necessary to protect the Town from loss on account of: Defective work not remedied, irrespective of when any such work be found to be defective; 00400-16 ---PAGE BREAK--- Claims or liens filed or reasonable evidence indicating probable filing of claims or liens. Failure of the Contractor to make payments properly for labor, materials, equipment, or other facilities, or to Subcontractors and/or suppliers; A reasonable doubt that the work can be completed for the balance then unearned; and A reasonable doubt that the Contractor will complete the work within the agreed time limits. If the Contractor fails to adhere to the accepted construction schedule as modified by any extension of time, this shall be considered as a reasonable doubt that the Contractor will complete the work within the agreed time limits, the Town may withhold from the Contractor the amount set forth in Section 00500, SUPPLEMENTARY CONDITIONS, for each day he is behind schedule as of each progress payment date. When the Contractor regains adherence to the accepted construction schedule, amounts so withheld will be released and paid to the Contractor. 5.06 FINAL PAYMENT The payment due the Contractor for work performed and materials furnished shall be determined from the final measurements made by the Town and the prices bid by the Contractor, including such extra work as may have been properly authorized. All prior partial quantities and payments shall be subject to correction in the final payment, and no payment shall be construed to be an acceptance of any defective work or improper materials. From the total amount of the work, a deduction of 10% will be made and from the remainder will be deducted all amounts due to the Town from the Contractor in accordance with the terms of the contract. From the balance thus determined, there shall be deducted the total amount of all previous payments made to the Contractor and the remainder shall be the amount to be paid to the Contractor immediately following acceptance of the work by the Town. Thirty-five days after filing the Notice of Completion, the Town will pay to the Contractor the unpaid balance previously deducted after deducting any additional sums of money as by the terms of the contract the Town is authorized to retain. PART 6 - LABOR 6.01 HOURS OF LABOR Contractor regular work hours shall be a continuous 8 ½-hour period between 7:00 am and 6:00 pm on Monday through Friday. No work shall be allowed on Saturdays, Sundays, or holidays without prior written approval of the Owner’s Representative. 6.02 OVERTIME WORK All costs for overtime inspection, except those occurring as a result of overtime and shift work established as a regular procedure, shall be paid by the Contractor. Overtime inspection shall include inspection required during holidays, Saturdays, Sundays, and any weekday outside the regular work hours established pursuant to Section 6.01 above. Such costs will include but will not necessarily be limited to inspection, general supervision and other overhead expenses which are directly chargeable to the overtime work. All such charges shall be deducted by the Owner from payments due the Contractor. 00400-17 ---PAGE BREAK--- PART 7 - RESOLUTION OF CONTRACT CLAIMS 7.01 METHOD The Owner’s Representative will review claims and take one or more of the following preliminary actions within ten days of receipt of a claim: request additional supporting data from the claimant, submit a schedule to the parties indicating when the Owner’s Representative expects to take action, or recommend approval or rejection of the claim in whole or in part, stating reasons therefore. The Owner’s Representative may also, but is not obligated to, notify the surety, if any, of the nature and amount of the claim. If a claim has been resolved, the Owner’s Representative will prepare or obtain appropriate documentation. If a claim has not been resolved, the party making the claim shall, within ten days after the Owner’s Representative's preliminary response, take one or more of the following actions: submit additional supporting data requested by the Owner’s Representative, modify the initial claim or notify the Owner’s Representative that the initial claim stands. If a claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Owner’s Representative, the Owner’s Representative will notify the parties in writing that the Owner’s Representative's decision will be made within seven days, which decision shall be final and binding on the parties. Upon expiration of such time period, the Owner’s Representative will render to the parties the Owner’s Representative's written decision relative to the claim, including any change in the Contract Price or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Owner’s Representative may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. **END OF SECTION** 00400-18 ---PAGE BREAK--- SECTION 00500 SUPPLEMENTARY CONDITIONS 1.01 AMOUNT OF GENERAL LIABILITY INSURANCE General Liability (Occurrence Form): a. Combined Bodily Injury and Property Damage: $500,000 per person $1,000,000 each occurrence $1,000,000 Personal and Advertising Injury $2,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregate b. The following coverages must be included: 1. Premises Operations 2. Independent Contractor's Protective 3. Explosion, Collapse 4. Underground 5. Contractual 6. Products/Completed Operations 7. Broad Form Property Damage 8. Personal/Advertising Injury 9. General Aggregate Limit (applies to each project) 10. Town, officers, employees and agents shall be included as Additional Insureds under the Contractor's policy and the policy shall be endorsed to be primary and non-contributory with any insurance maintained by Town, their subsidiaries, directors, officers, employees and agents (show endorsement of the Insurance Certificate) 11. Products and Completed Operations Insurance shall be maintained by the Contractor for a minimum of 2 years after final payment, and the Contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the aforementioned period. 1.02 AMOUNT OF AUTOMOBILE LIABILITY INSURANCE Automobile Liability a. Combined Bodily Injury and Property Damage: $500,000 per person $1,000,000 each Accident (occurrence) 1.03 AMOUNT OF WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY a. State: Statutory b. Employers' Liability: $500,000 Each Accident $500,000 Disease, Policy Limit $500,000 Disease, Each Employee c. Whichever is applicable: Individual, partners or corporate officers must be covered. d. A Waiver of Subrogation in favor of the Town shall be attached to the policy (include endorsement on the Insurance Certificate) 00500-1 ---PAGE BREAK--- 1.04 AMOUNT OF UMBRELLA EXCESS LIABILITY a. $1,000,000 each Occurrence/$2,000,000 Aggregate b. The following coverages must be included: 1. Limits and coverages must layer over the primary insurance as indicated. 1.05 SUBMITTAL OF INSURANCE CERTIFICATES, CONTRACT AND BONDS The Contractor shall submit to the Owner acceptable insurance certificates and three executed copies of the contract and bonds within 10 working days following award of the contract. The Contractor shall not start the construction work until after acceptance of the above items. 1.06 COMPENSATION TO OWNER FOR EXTENSION OF TIME When the Owner grants a time extension for an avoidable delay the costs that will be charged to or deducted from any amounts due the Contractor shall include the costs of engineering, inspection, superintendence, plant operation and maintenance (including labor, materials, power, and chemicals), and other directly chargeable overhead expenses which accrue during the period of the time extension. However, the assessed costs shall not include that associated with final surveys, inspections and estimates or to other costs associated with contract closeout. 1.07 APPLICABILITY OF SPECIFICATIONS Where conflicts arise between local, state and federal regulations or specifications and the specifications attached hereto, the most stringent will apply. **END OF SECTION** 00500-2 ---PAGE BREAK--- SECTION 01015 CONTRACT TIME PART 1 - GENERAL 1.02 COMPLETION DATE SCHEDULE Substantial completion of all work 60 working days from notice to proceed. **END OF SECTION** 01015-1 ---PAGE BREAK--- SECTION 01500 CONTRACTOR'S FACILITIES AND UTILITIES PART 1 - GENERAL 1.01 WORK AREA The Contractor shall limit his operations and storage of equipment and materials to the areas designated by the Owner’s Representative. No property adjacent to the site shall be used for storage of the Contractor's equipment and materials, unless prior written approval is obtained therefor from the legal owner. The Contractor shall maintain the area during construction in a manner that will not obstruct operations of any existing street areas. He shall proceed with his work in an orderly manner, maintaining the construction site free of debris and unnecessary equipment or materials. 1.02 COORDINATION WITH UTILITIES Known utilities within the limits of this project are: Monument Sanitation District Mike Wicklund [PHONE REDACTED] Black Hills Energy / Gas Corey Koca [PHONE REDACTED] Century Link Melissa Stratton [PHONE REDACTED] Mountain View Electric Les Ulfers [PHONE REDACTED] Comcast Cable James Black [PHONE REDACTED] Monument Water Steve Sheffield [PHONE REDACTED] The work described in the plans and specifications may require coordination between the Contractor and the utility companies in conducting their respective operations as necessary. **END OF SECTION** 01500-1 ---PAGE BREAK--- SECTION 01700 CONTRACT CLOSEOUT PART 1 - GENERAL 1.01 CLEANING OF SITE The Contractor shall not allow the site of the work to become littered with trash and waste material but shall maintain the site in its normal neat and orderly condition throughout the construction period. On or before the completion of the work, the Contractor shall remove rubbish of all kinds from the job site and any of the grounds which he has occupied and leave them in first-class condition to the satisfaction of the Owner’s Representative. Pavement shall be swept and/or flushed to remove any spilled soil or aggregate base material after placement of both temporary and final pavement. Pipes, drainage inlets, streets and sewers used by the Contractor or contaminated by his operations shall be cleaned thoroughly to the satisfaction of the Owner’s Representative. **END OF SECTION** 01700-1 ---PAGE BREAK--- SECTION 02100 SITE PREPARATION PART 1 - GENERAL 1.01 DESCRIPTION This section specifies site preparation, which consists of clearing, grubbing, demolition, and disposal of materials. 1.02 JOB CONDITIONS A. Existing Conditions The Contractor shall determine the actual condition of the site as it affects this portion of work. B. Protection Site preparation shall not damage structures, landscaping, irrigation systems or vegetation adjacent to the site. The Contractor shall repair, or replace any damaged property. To the maximum extent practicable, dust generated during construction activities shall be minimized. PART 2 - EXECUTION 2.01 GENERAL The Contractor shall notify the Owner’s Representative when site preparation is complete. Further work shall not be started until the conditions defined herein are satisfied. 2.02 PERFORMANCE A. Clearing and Grubbing Unless otherwise specified, the Contractor shall remove obstructions such as brush, trees, logs, stumps, roots, heavy sod, vegetation, rock, stones larger than 6 inches in any dimension, broken or old concrete and pavement, debris, piping and structures where the completion of the work require their removal, except those trees indicated on the drawings to be left intact. Material that is removed and is not to be incorporated in the work shall be disposed of off the site. B. Leveling/Smoothing After grubbing operations are completed, the clearing and grubbing area shall be leveled/smoothed so that the surface is left without obvious holes, ridges or mounds. The project area after the leveling/smoothing operations are completed shall not have any exposed objectionable materials. C. Utility Interference Where existing utilities interfere with the prosecution of the work, the Contractor shall notify the Owner’s Representative immediately, before proceeding. 02100-1 ---PAGE BREAK--- D. Protection The Contractor shall provide protection devices, including barricades, fencing, warning signs, lights and other items necessary to ensure the security of, and safety within, the project site during this phase of the work E. Cleanup Remove and transport debris, rubbish, and excess material from the site in a manner that will prevent spillage on streets or adjacent areas. Clean up spillage from streets and adjacent areas. Comply with Federal, State, and local hauling disposal regulations. Cleanup shall be an ongoing activity throughout the contract period. F. Disposal of Materials All materials removed from clearing and grubbing shall become the property of the Contractor unless designated by the Owner’s Representative and shall be removed from the project site. Contractor shall make his own arrangements for disposing of materials outside the project site and he shall pay all costs involved. Arrangements shall include, but not be limited to, entering into agreements with property owners and obtaining necessary permits, licenses and environmental clearances. **END OF SECTION** 02100-2 ---PAGE BREAK--- BID FORM The undersigned declares that it has carefully examined the bid information and the complete Solicitation, (The term solicitation means the complete invitation for bid) in submitting a bid for “2017 Town OVERLAY PROJECT”. Offeror‘s signature will be considered the offeror’s acknowledgment of understanding and ability to comply with all items in this solicitation. The Offeror‘s signature will be considered the offeror’s acknowledgment of understanding and ability to comply with all items in this solicitation. If an offeror makes any changes or corrections to the bid documents (such as white out, or writing over a figure, etc.) such changes or corrections must be initialed and dated by the person signing the offer prior to its submittal. The undersigned certifies that he/she has the necessary experienced manpower & equipment and has past experience performing major municipal or other governmental work. TOTAL BID will be evaluated and awarded as follows: The Town of Monument intends to award a contract to the lowest responsive and responsible bidder for the total base bid. Each bidder must provide pricing for each area listed in the following documentation. OFFER *Do not include these Additional Items in the Total Base Bid: Signature Date 2016 Town of Monument Overlay Bid Form Item No. Description of Items Qty. Unit Unit Price Extended Pricing OVERLAY PREP BID ITEMS: 1 Surface Milling - 1.5-inch thick 9,669 SY OVERLAY BID ITEMS: 2 Overlay 2.0-inch thickness (PG 58- 28 SX=1/2”) 1,111 Ton TOTAL BASE BID 5 Dig Out Patch 50 Ton 6 Asphalt Skin Patch 50 Ton Total for Additional Items ---PAGE BREAK--- Date: 5/23/17 Version 1 Created by: CJE Thickness Mix Street Name From To Square Yards 2" PG 58-28 SX Beacon Lite Buttonwood 430 Beacon Lite Road 2,653 Total 2,653 Thickness Mix Street Name From To Square Yards 2" PG 58-28 SX Mitchell Ave North Trumbull Lane 4,291 2" PG 58-28 SX Mitchell Ave De Puy Driveway 2,725 Total 7,016 Total Square Yards 9,669 Town of Monument 2017 Overlay Program - Exhibit A Beacon Lite Road Mitchell Ave ---PAGE BREAK--- 1 EXHIBIT B F.1 STANDARD SPECIFICATIONS City of Colorado Springs Standard Specifications (current edition) & Pikes Peak Region Asphalt Paving Specifications (current edition). F.2 DETAILED SPECIFICATIONS (Revised 05/23/17) 1.00 SCOPE 1.01 LOCATION Work locations are listed in Exhibit A and Map (See attachments) of these specifications. 1.02 DESCRIPTION OF WORK These items shall consist of furnishing all labor, materials, and equipment necessary for the construction of an asphalt plant mix overlay, Polymer Modified asphalt overlay and associated work as specified in Exhibits A & Monument Overlay Map of these specifications. IMPORTANT DATES PRE-CONSTRUCTION MEETING ON SITE: Friday, June 16, 2017 BID OPENING: Friday, June 23, 2017 AWARD CONTRACT: Monday, July 3, 2017 START DATE: Monday, July 10, 2017 COMPLETION DATE: Monday, September 11, 2017 TOTAL CONTRACT TIME IS 60 CALENDAR DAYS SCOPE OF WORK: Locations as listed in Exhibits A & Map. GENERAL A. Asphalt overlays shall be constructed as per the Pikes Peak Region Asphalt Paving Specifications Version 3 effective February 2015 or most current revision. Additional Project Special Provisions are listed in Section 6 of this document to supplement these Specifications. B. The use of Warm Mix Asphalt (WMA) is allowed as an alternative material to Hot Mix Asphalt (HMA) at the discretion of the Town of Monument Public Works Department. C. The following Specification Sections shall apply to all overlays as listed above in subsection 1.02: Sections: 1.03 Traffic Control 1.04 Posting and Notification ---PAGE BREAK--- 2 1.05 Responsibility of Contractor for Preservation of Public and Private Property 1.06 Special Construction Requirements 3.0 Milling Asphalt Concrete Pavement 4.0 Asphalt Digout and Patching 5.0 Asphalt Skin Patch 6.0 Asphalt Overlays 1.03TRAFFIC CONTROL 1.03.01 GENERAL A. Traffic control shall be provided for all operations. B. Traffic control shall conform to the ordinances and regulations of the Town of Monument and in particular to Section 16.48.050 of the Town Code, “Restriction of traffic” C. Construction signing and marking shall conform to the Manual of Uniform Traffic Control Devices for Streets and Highways, U.S. Department of Transportation, latest edition and revisions thereto and Town of Monument Supplement to MUTCD for Traffic Control for Street Construction Utility Work and Maintenance. D. Fees for the Town of Monument Traffic Control Permits shall be waived for the Contractor. 1.03.02 TRAFFIC CONTROL SPECIAL CONDITIONS: A. No roads shall be closed by the contractor except by express permission of the Town of Monument Engineering Assistant and after notifying the Police and Fire Departments. B. Proper barricading, detours, warning signs and lights are the responsibility of the contractor and shall be paid for by the contractor. The contractor shall provide, place and maintain the necessary signs, barricading, lights and detours of public street intersections and along the route in such a manner as to avoid undue inconvenience to the public. These items shall be included in the work and will not be paid for separately. C. If the Contractor’s traffic control is not in compliance with the approved MHT issued for work being performed the Contractor shall forfeit $500.00 per calendar day until all traffic control is in compliance with the approved MHT issued. D. All permanent traffic markings shall be the responsibility of the Contractor; the Contractor shall install the temporary marking tape after the application of overlay material. Installation of temporary marking tape shall be included in the work and not paid for separately. Contractor shall coordinate all temporary and permanent traffic marking operations with the Traffic Engineering Division a minimum of 72 hours prior to starting work in areas where striping will be required. E. The Contractor shall provide for vehicular access to and from all residences and businesses abutting the project throughout the course of construction, except when local streets are closed as approved by Town Traffic Engineering. F. The Contractor shall leave at least one driveway open at all times to any non- residential properties affected by construction. G. The Contractor shall submit (on a weekly basis) a list of streets requiring to be closed to Town’s Engineering Assistant for review and approval prior to starting work in these areas. This list shall be submitted one week in advance of work to be ---PAGE BREAK--- 3 performed. A copy of this list shall also be submitted to the Town of Monument Public Works Department. H. Working hours on residential streets shall be limited from 7:00 am to 7:00 pm Monday thru Friday or as approved by the Town of Monument Traffic Engineering Division. Work shall be allowed on Saturdays, Sundays or holidays only when approved by the TOWN in writing. Work performed on Saturdays, Sundays, or holidays without written authorization will not be paid for. I. Working hours on main arterial/collector streets shall be limited from 7:00 am to 7:00 pm Monday thru Friday or as approved by the Town of Monument Traffic Engineering Division. Work shall only be completed on Saturday with written permission from the Town’s Engineering Assistant and Saturday work hours are from 8:00 am to 6:00 pm per Town Code 8.20.050- Hours of operation for construction projects. Work shall not be allowed on Sundays or National Holidays. Work performed on Saturdays, without written authorization will not be paid for. J. Work time violations beyond hours referenced above will be assessed as follows: 1. If there is a violation of the working time limitations for traffic control as set forth in Section 1.03 of these specifications, a written notice to stop work will be imposed on the Contractor at the start of the next working day. Work shall not resume until the Contractor assures the TOWN, in writing, that there will not be a reoccurrence of the working time violation. If additional violations take place, the TOWN will notify the Contractor in writing that there will be a price reduction for each incident in accordance with this specification. This incident price reduction will be deducted from any money due the Contractor. This price reduction will not be considered a penalty but will be a price reduction for failure to perform traffic control in compliance with the Contract. 2. An incident is any violation up to 30 minutes in duration. Each 30 minutes or increment thereof will be considered as an incident. A price reduction will be assessed for each successive or cumulative 30-minute period in violation of the working time limitations, as determined by the TOWN. The price reduction for each incident will increase at a progressive rate starting with $150 for the second incident and increasing to $1200 for the fifth and subsequent incidents in accordance with the following schedule. A 15-minute grace period will be allowed at the beginning of the second incident on the project before the price reduction is applied. This 15-minute grace period applies only to the second incident. 3. The number of incident charges will be accumulative throughout the duration of the Contract. PRICE REDUCTION SCHEDULE INCIDENT INCIDENT RATE TOTAL PRICE REDUCTION 1st Notice to Stop Work $0 2nd $150 $150 3rd $300 $450 4th $600 $1,050 5th $1,200 $2,250 6th $1,200 $3,450 Etc… $1,200 $4,650 Etc… Etc… K. All streets shall require a Method of Handling Traffic (MHT) to be submitted to the Town Traffic Engineering Division for review and approval a minimum of ten (10) days prior to starting work. No work shall proceed without approval of said MHT’s. ---PAGE BREAK--- 4 Traffic Control Plans not involving closures or major detours shall be submitted a minimum of seventy-two (72) hours (three Town business days) prior to implementation. L. Traffic Control Plans shall include detailed signing, barricading, and traffic detouring information for each phase or stage of construction including as a minimum: type and number of devices, working hours, number and location of flaggers, pilot cars, and time restrictions, if any. M. When working in the vicinity of schools. Meetings with school staff will be required to assure traffic control concerns of the school staff are met. Hours of work could be more restrictive and additional traffic control measures may be required. This additional work shall be included in the contract unit price. No additional payment will be made for this work. N. The Contractor shall have an approved MHT in his or her vehicle at all times for each location where work is being performed. This MHT shall be available at all times for review on the project site by any Town employee or Inspector. For each day an approved MHT is not available for review on site the Contractor shall forfeit $500.00 per work day until an approved MHT is available for review. O. The Contractor shall have on the project at all times an American Traffic Safety Service Association (ATSSA) currently certified Traffic Control Supervisor. The contractor shall supply to the TOWN and his representatives the certification certificate, phone number and name of the TCS and flaggers prior to starting any work. P. All signs, barricades and cones shall be reflectorized as required by the Manual on Uniform Traffic Control Devices. Low speed streets with posted speed limits of 40 M.P.H. or lower, smooth surface enclosed lens Type II retro reflective sheeting shall be used. On higher posted speed limits over 40 M.P.H., high performance bead- encapsulated or micro-prisms Type IIA and Type III retro reflective sheeting shall be used. In no case shall sheeting with a specific brightness value fall below the original requirement. Any sign, barricade, cone, etc. on which the reflective sheeting falls below the requirement shall be replaced at the Contractor’s expense. Q. The Contractor shall maintain a twenty-four (24) hour, seven days a week (including weekends and holidays) emergency service to remove, install, relocate, and maintain warning devices. The Contractor shall furnish to the TOWN, the name and telephone number of the Traffic Control Supervisor responsible for emergency service. R. In the event the Traffic Control Supervisor does not respond within two hours, or the Town deems it necessary to call out other forces to accomplish emergency services, the Contractor will be held responsible for the cost of such emergency services, without reimbursement. S. Location of temporary traffic markings shall be the responsibility of the Town of Monument Traffic Engineering Division. Temporary traffic marking tape shall be provided by the Town at no cost to the contractor. The contractor shall make every effort to coordinate the placement of temporary traffic markings with the Traffic Engineering Division. If unforeseen conditions arise, the TOWN may order the placement of temporary traffic markings by the contractor. Cost for placement of temporary marking tape shall be included in the unit price. No additional payment shall be made for this requirement. T. The Contractor shall provide a minimum of two flaggers with each milling operation as well as a minimum of two flaggers with each overlay operation. A minimum of one TCS shall be allowed to oversee both these operations as long ---PAGE BREAK--- 5 as they are in the same “GRID”. If in different grids an additional TCS shall be required. U. Flagging against traffic lights shall not be permitted without the use of a Uniformed Traffic Officer. A TCS shall not be considered a Uniformed Traffic Officer. If a Uniformed Traffic Officer is utilized, this person shall be assisted by a TCS and flaggers as required. V. When working in a signalized intersection a minimum of two Uniformed Traffic Officers shall assist the TCS and flaggers with traffic control. No exceptions. W. A Variable Message Sign Panel shall be placed on all arterial/collector roadways at least 96 hours in advance to notify the public of lane closures. VMS panel shall remain on-site until closures are completed. X. Prior to starting work, a mandatory meeting to review all MHT’s is required to be attended by the Contractor, traffic control sub-contractor, Town of Monument Public Works Department representative and Town Engineering Assistant representative. All costs associated with traffic control shall be included in the unit cost of work being performed. No separate payments shall be made for this work 1.04 POSTING AND NOTIFICATION 1.04.01 The contractor shall be required to place “No Parking” signs a minimum of 72 hours prior to the work commencing. The specific date shall be clearly marked with lettering 1/2” (height) or larger such that the date is clearly legible from a distance greater than 25 feet away or as approved by the TOWN. The cost of all materials and labor required for the notification process shall be included in the work. No additional payment will be made for this work. The contractor shall be required to keep a log on all postings of signage and letters given to adjacent property owners and towing of vehicles. 1.04.02 The Contractor is required to properly and correctly notify property owners of the date work is to be performed in front of their properties. Once a notification date has been issued to an adjacent property owner, this date cannot be moved “backwards” in time, only “forward” if a change of notification date is required. If the specific date has to be changed, the Contractor has the responsibility to notify every resident and/or business in person about the date change on the affected street. If the Contractor incorrectly notifies the property owner of a specific date work is to be performed at that location more than two times, for any reason other than weather related causes, the Contractor agrees to a cash forfeiture of $500 for each occurrence (calendar day) starting with the third (3rd) occurrence at that location. This money will be deducted from the total contract amount during the current billing cycle. If insufficient contract moneys remain, contractor agrees to make cash payment to the Town of Monument for the full amount due. 1.04.03 If a private citizen approaches the contractor during operations, the contractor shall be friendly and as informative as possible when speaking with the public. 1.04.04 Every effort should be made to be accommodating to the public if there are special circumstances that conflict with the operations including but not limited to: wedding receptions, funeral gatherings, graduation parties, garage sales, etc… No separate payment will be made for this work. 1.04.06 The Contractor shall establish a local phone number with a (719) area code that shall be placed on all “No Parking” signs as well as on all “Notification Letters” issued as part of the Public Notification Process so the Public can call the contractor direct with any questions or concerns. The cost of this local phone service shall not be paid for separately and shall be included in the unit price of the work being performed. ---PAGE BREAK--- 6 1.04.07 Posting and notification devices shall not be mounted to traffic control (MHT) devices. No exceptions. All costs associated with Posting and Notification shall be included in the unit cost of work being performed. No separate payments shall be made for this work. 1.05 RESPONSIBILITY OF THE CONTRACTOR FOR PRESERVATION OF PUBLIC AND PRIVATE PROPERTY 1.05.01 The contractor shall be responsible for the preservation of all public and private property, windshields, auto paint, trees fences, concrete curb, gutters, sidewalks, monuments and other property on, along and adjacent to the improvements. The Contractor shall be responsible when or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work or in consequence of the non-execution thereof on the part of the contractor. During and for a period of one week or until the work is accepted by the Town of Monument Public Works Department representative as evidenced in writing, the contractor shall have the charge and care thereof and shall take every necessary precaution against injury or damage to any part thereof by the action of the elements or from any other cause. The contractor shall rebuild, repair, restore and make good all injuries or damages of the above causes before its completion and acceptance shall bear the expense thereof. 1.05.02 At no time shall the Contractor trespass onto private property without written permission from the landowner. A copy of this letter shall be delivered to the Town of Monument Public Works Department prior to starting any work. 1.06 SPECIAL CONSTRUCTION REQUIREMENTS 1.06.01 It will be the Contractor’s option, subject to the Town’s approval, to develop an appropriate method of handling tributary flows that may occur due to surface runoff. 1.06.02 Any necessary tree or bush trimming to avoid conflict with the Contractor’s equipment or construction activities shall be the contractor’s responsibility and shall be included in the work. The contractor shall hire a locally licensed tree trimming service to perform this work as necessary. Trees and bushes shall be trimmed prior to milling or paving operations being performed. No separate payment shall be made for this work but shall be included in the unit price of the work being performed. The Contractor shall contact the Town Forester prior to trimming any trees or bushes at [PHONE REDACTED]. 1.06.03 At the discretion of the TOWN, the Contractor shall attend a weekly meeting at Town Hall located at 645 Beacon Lite Road, Monument, CO 80132. At each of these meetings the Contractor shall provide a written schedule indicating streets to be worked on for the following seven days. 1.06.04 All water used shall be potable and free of dissolved ingredients that may prove harmful. If water is acquired from a Town hydrant the Contractor shall use a proper water meter equipped with a backflow preventer as required by Town of Monument Water Department. The contractor can contact The Town of Monument Water Department at [PHONE REDACTED] for assistance in attaining a proper water meter with backflow preventer. Contractor shall contact The Town of Monument Water Department at [PHONE REDACTED] for direction and authorization of which fire hydrants can be used during construction to avoid damages to Town waterlines and Town customer lines and appliances. Contractor shall be responsible for any damages to Town waterlines or Town customer property related to waterlines. Water shall be included in the contract unit price of work being performed and shall not be paid for separately. ---PAGE BREAK--- 7 1.06.05 A minimum of one week prior to starting work the Contractor shall be required to obtain a “no fee” Land Development and ROW permit from the following location: Town of Monument Planning Department 645 Beacon Lite Road Monument, CO 80132 Contact: Thomas Martinez at [PHONE REDACTED]-direct 1.06.06 PORTABLE TOILETS Portable (mobile) toilets (one for overlay and one for milling operations) shall be supplied at work site locations for the duration of the project. These portable toilets shall be towed (relocated) as needed to remain as close as possible to the work crews. These toilets shall be maintained by a professional portable toilet vendor on a weekly basis at a minimum. These toilets shall not be paid for separately but shall be included the unit cost for work being performed. No additional payment shall be authorized for these items. 3.0 MILLING ASPHALT CONCRETE PAVEMENT SCOPE of Work: Work as stated and listed in Exhibits A & Map. DESCRIPTION A. The millings generated on this project will become the property of the Town of Monument and will be hauled, by the Contractor to specified storage yards. Town of Monument-South of Limbach Park 33 Front Street N Monument, CO 80132 B. This item shall govern the milling or the milling and texturing of existing asphalt concrete pavement, asphalt stabilized and other non-Portland cement Concrete base to depths indicated in these Project Specifications or as directed by the TOWN or Town’s Engineering Assistant. The item shall also include removal, and disposal of the milled materials which shall be hauled off the project site and disposed of at the contractor’s expense prior to the end of the workday and prior to Traffic Control devices being removed. C. Areas milled shall be overlaid within 5 calendar days. Milling operations shall not advance if the asphalt overlay operations cannot stay within 5 calendar days of said milling operation. It is imperative the asphalt overlay operation keep up with the milling operation so as to avoid excessive “blowouts” in remaining asphalt surfaces. All areas on this project that are not overlaid within the specified calendar days will be assessed a lane rental fee of $500 per occurrence for each calendar day or fraction thereof and any required surface repairs shall be paid for by the Contractor. D. Side streets intersecting the street being resurfaced may be required to be milled and overlaid at varying distances to repair damaged approaches to the intersection. This “cutback” work will be identified and marked by the Town inspector prior to milling operations. All work associated with these improvements will be paid for at the same unit prices listed in Exhibits A & Map. No additional payment will be made for this work. ---PAGE BREAK--- 8 3.01 SUBMITTALS The submittal requirements of this specification item include: Prior to beginning milling operations, the Contractor shall submit a milling plan and a Quality Control Plan (QCP) for approval by the Town of Monument Public Works Department. The following minimum requirements are not to be considered all inclusive. The milling plan shall include at a minimum: 1. The number, types and sizes of planers to be used. 2. The width and location of each milling pass. 3. The number and types of brooms to be used and their locations with respect to the planers. 4. The proposed method for milling and wedging around existing structures such as manholes, valve boxes, and inlets. 5. The longitudinal and transverse typical sections for tie-ins at the end of the day. 6. If requested by the Town, a plan sheet showing the milling passes. 7. Traffic Control Plan for each intersection and main line milling for each lane. 8. Characteristics (i.e. manufacturer, power, stability, speed, etc.) and capabilities (depth of cut, dust control, etc.) of the proposed milling equipment. The QCP shall include as a minimum: 1. The schedule for replacing the cutting teeth. 2. The daily preventive maintenance schedule and checklist. 3. Proposed use of automatic grade controls. 4. The surface testing schedule for smoothness. 5. The process for filling distressed areas. 6. Corrective procedures if the milled surface does not meet the minimum transverse or longitudinal surface finish when measured with a 10-foot straightedge. 7. Proposed dust control plans including proposed equipment (type street sweeper, loader, water trucks, sprayers, etc.). 3.03 EQUIPMENT 3.03.1 The equipment for removing the pavement surface shall be a power operated milling machine or grinder with a minimum 2 feet cutting width. For detail work and cutting widths less than 2 feet, equipment with less than 2 feet cutting width shall be allowed. The equipment shall be self-propelled with sufficient power, traction and stability to maintain accurate depth of cut and slope. The equipment shall be capable of removing in one pass, asphalt concrete pavement of a thickness of 1 inch and any required thickness less than 1 inch in a minimum 3-foot width. Machines capable of removing, in one pass, a depth greater than 1 inch will be permitted. 3.03.2 The grade reference used by the Contractor may be of any type approved by the Town of Monument or Town’s Engineering Assistant. Control points, if required, shall be set at intervals not to exceed 50 feet. The Contractor shall set the grade reference from the control points. The grade reference shall have sufficient support so that the maximum deflection shall not exceed two millimeters (1/16 inch) between supports. 3.03.3 The machine shall have a manual system providing for uniformly varying the depth of cut while the machine is in motion, thereby making it possible to cut flush to all inlets, manholes, or other obstructions within the paved area. The speed of the machine shall be variable in order to leave the desired grid pattern as specified in sections 3.05.1 and 3.05.2. 3.03.4 The machine shall be equipped with an integral loading and reclaiming means to immediately remove material being cut from the surface of the roadway and discharge the cuttings into a truck, all in one operation. The machine shall be equipped with means to control dust created by the cutting action. Adequate backup equipment (mechanical street sweepers, loaders, ---PAGE BREAK--- 9 water truck, sprayers, brooms etc.) and personnel will also be provided by Contractor to keep flying dust to a minimum and to insure that all cuttings are removed and thoroughly cleaned from the street surface daily. 3.03.5 Various machines may be permitted to make trial runs to demonstrate the capabilities of that machine and to determine the acceptability of that machine to the Town of Monument Public Works Department or Town’s Engineering Assistant. Any machine that is incapable, in the opinion of the Town or Town’s Engineering Assistant, of meeting these requirements will not be permitted. 3.04 Construction Methods 3.04.1 General a. The pavement surface shall be removed for the length, width and a depth as specified. The milled surface shall provide a satisfactory riding surface free from gouges, continuous longitudinal grooves, ridges, oil film and other imperfections of workmanship and shall have a uniform textured appearance. b. When an existing asphalt concrete pavement overlay is to be removed from an underlying Portland cement concrete pavement, all of the asphalt concrete pavement shall be removed, leaving a uniform surface of Portland cement concrete, unless otherwise directed by the TOWN or Town’s Engineering Assistant. 3.04.2 Surface Milling a. Surface milling shall be taken to a depth of one and a half (1.5) inches on residential streets and one and a half (1.5) inches on arterial/collector streets below the lip of the concrete gutter / cross pan for all overlay operations unless otherwise specified by the TOWN. All other pavement surface shall be removed to the appropriate milling depths around all castings within the area to be milled per Section 3.0. When milling is used for leveling without the addition of asphalt, the milled surface shall be free of ridges deeper than three sixteenths (3/16) inch. b. All milling operations shall be completed a minimum of 24 hours prior to placement of any and all asphaltic materials. All milling shall be completed full width of the entire street and parallel to the travel lanes before resurfacing commences unless otherwise directed by the Town of Monument Public Works Department. No exceptions! c. Milling machine drums with broken or missing teeth shall not be allowed. Worn teeth shall be replaced if the milling machine does not produce a uniform surface. d. If left overnight a longitudinal joint maximum mill depth of one inch will be permitted along this joint. If this drop off exceeds one inch, then the vertical edge shall be milled or temporarily ramped to leave a taper flatter than a four to one (4:1) along this entire longitudinal joint. Traffic control signage shall be posted accordingly to indicate this condition. All ramp material shall be removed prior to placement of the new pavement surface. The installation and removal of these ramps, including materials, shall not be paid for separately but shall be included in the unit price for Surface Milling. e. Prior to opening a transverse milled joint to traffic, a sloped paper joint of warm or hot mix asphalt shall be placed at all intersecting locations (impact and trailing edges). Slopes shall be at a 24:1 for speed zones 35 MPH (i.e.…1 ½” joint edge = 36” taper); and 36:1 for speed zones > 35 MPH (i.e.…1 ½” joint edge = 54” taper). Manufactured ramp panels may be considered for use only after proper submittals have been reviewed and approved by the Town of Monument Public Works Department. Ramp edges shall not impede perpendicular traffic flow at any time. All ramp material shall be removed prior to placement of the new pavement surface. The installation and removal of these ramps, including labor, ---PAGE BREAK--- 10 equipment and materials, shall not be paid for separately but shall be included in the unit price for Surface Milling. f. Appropriate traffic signage shall be in place until the overlay is completed. This work will not be paid for separately but shall be included in the unit price for Surface Milling. g. Pavement which is adjacent to curbs, inlets, manholes or other obstructions and is not removed by the milling machine shall be removed by other methods acceptable to the TOWN or the Town’s Engineering Assistant. h. Surfaces and edges of all gutters, gutter pans, inlet pans, and cross-pans shall be cleaned of all vegetation, crack sealing materials, old asphalt and dirt without damaging the existing concrete surfaces. This work shall not be paid for separately but shall be included in the unit price of Surface Milling. i. If milling operations penetrate through existing asphalt into subgrade material, the exposed subgrade area shall be compacted to an acceptable condition as determined by the inspector. A skin patch of asphalt shall be applied over these exposed areas as expeditiously as possible to minimize damage to the exposed subgrade. If an excessive area of subgrade, as determined by the Town or authorized representative, is exposed such that it cannot be patched by the end of that work day, milling operations shall cease until said patches are completed. Reprocessing and compaction of exposed subgrade shall not be paid for separately but shall be included in the unit price of Surface Milling. j. At driveway locations if milling exceeds one and one half (1 ½) inches in depth and is left overnight, each driveway shall have a temporary asphalt ramp taper flatter than four to one (4:1) constructed to allow vehicles access to the driveway. These temporary asphalt ramps shall be removed in their entirety prior to any overlay being placed. These temporary ramps shall not be paid for separately but shall be included in the Asphalt Overlay Item unit price. k. Transverse tapered joints may be tapered with the milling machine only if they meet the required slopes specified in paragraph 3.04.2(e). l. If the transverse joint is tapered with a milling machine, a butt joint shall be cut into the taper the full depth of the lift of asphalt to be placed on the milled surface prior to commencement of resurfacing. All work associated with this joint will not be paid for separately, but shall be included in the cost of Surface Milling. m. The Contractor shall not start the milling operation until the required mix design, as specified by the Town, has been approved. n. If the newly milled surface contains areas that continue to “peel off” due to a thin remaining layer of asphalt delaminating the Contractor shall remove this “peeling” material to the best of their ability to create a firm surface that can accept the new overlay material without any delamination occurring during the overlay process. This work will not be paid for separately but shall be included in the work being performed. 3.04.3 CLEAN UP The pavement, curb, gutter and sidewalk surfaces shall be swept with a street sweeper (pick- up type) and a kick broom (Broce or approved equal) as approved by the Town of Monument Public Works Department or Town’s Engineering Assistant to remove all debris leaving a clean and presentable condition keeping dust at a minimum at all times and prior to opening milled surfaces to traffic. The Contractor shall have a water truck on-site to service both brooms at all times to avoid delays of driving the brooms to a fire hydrant to refill their water reservoirs. Contractor shall also pickup any and all trash brought on-site by his employees. This work shall not be paid for separately but shall be included in the unit price of work being performed. ---PAGE BREAK--- 11 3.04.4 MISCELLANEOUS a. All milled materials shall be hauled off site and the job site shall be swept prior to the end of the workday or prior to traffic control devices being removed at the end of the day. Temporary stockpiling or windrows shall not be permitted on site specified in section 3.0 A. b. If the Contractor fails to adequately clean the roadway, work shall cease until the Town of Monument Public Works Department has approved the Contractor’s revised written proposal to adequately clean the roadway. c. The roadway shall be left in a safe and usable condition at the end of each workday. If the TOWN or authorized representative determines there is an unsafe condition, the Contractor will be notified immediately and afforded the opportunity to correct the condition. If the Contractor cannot correct the unsafe condition in a timely manner or to the satisfaction of the TOWN, the TOWN may exercise the option to correct the condition with other resources. If this option is utilized, the expenses incurred will be deducted from the current invoice cycle. d. The Contractor shall call for utility locates to verify all utilities are well marked and not damaged during milling operations. Any existing manhole lids, valve boxes or other existing utilities damaged by milling operations shall be repaired by the Contractor at his own expense. Refer to Section 3.06 for additional requirements regarding manholes and valves. e. The Contractor shall maintain a positive crown in all streets during milling operations unless otherwise directed by the Town of Monument Public Works Department. f. All truckloads of millings to be hauled off site shall be tarped prior to leaving the jobsite. 3.05 QUALITY CONTROL 3.05.1 In those areas where traffic will temporarily be permitted on the milled surface prior to overlay operations, the texture produced shall be a grid pattern or any other pattern with discontinuous longitudinal striations that will provide, in the opinion of the TOWN, a satisfactory riding surface. This Surface shall be true to the established line, grade and cross section. The milled surface shall be free gouges or ridges deeper than three sixteenths (3/16) inch. 3.05.2 When the milled pavement will not be overlaid, the minimum texture depth resulting from the number of measurements directed by the TOWN shall not be less than 3/16 inch, unless specified otherwise. When these texture requirements are not met, the Contractor shall cease said operations and make adjustments in texturing procedures until the TOWN is satisfied with the results. 3.05.3 All costs associated with maintaining the milled roadway surface shall be borne by the contractor after five calendar days of a surface being milled. Time accrual commences after the first day of milling operations on a given street, not at completion of total milling operations of said street. 3.05.4 The Contractor shall take care to prevent damage to armor joints, sealed expansion joints, manhole lids, valve lids and/or other appurtenances in the milled area. 3.05.5 All areas not accessible to a large milling machine around curb returns, manhole lids, etc.) shall be milled with a smaller milling machine to assure a uniform thickness for the overlay. No additional payment will be made for this work. Payment will be measured and paid for at the unit price for Surface Milling. ---PAGE BREAK--- 12 3.06 MANHOLES AND VALVES The Contractor will raise and/or lower all located sewer manholes and water valve lids and place a temporary cover over these locations. Covers shall consist of metal plating with asphalt cover sufficient to support vehicles and equipment until paving operations have ended. For lids located on arterial/collector roadways, or as directed by the inspector, a second plate will be used for additional support. The Contractor shall be responsible to maintain these temporary covers and ensure they stay in place during work. This activity shall be included in the cost of the work being performed and will not be paid for separately. Contractor shall be responsible to verify no additional lids of any kind are left un-located. This work shall not be paid for separately but shall be included in the unit price for Asphalt Overlay. Contractor shall be responsible to verify depths of all lowered manhole and valve lids prior to milling operations to assure these temporary lids are not disturbed during milling operations. This process shall not be paid for separately but shall be included in the unit price for Asphalt Overlay. 3.06.01 PROTECTING MANHOLE LIDS and Valves Contractor shall be responsible to protect, raise and/or lower all manholes, sewer, water valves, stormwater, electrical, telephone, cable T.V., etc., lids. This work shall be accomplished by milling the surrounding asphalt a minimum of 1.5 inches below the top of the lid and placing an asphalt ramp “paper joint” around the lid at a minimum slope of 24:1 in speed zones 35 MPH and 36:1 in speed zones >35 MPH. This asphalt and paper joint shall be removed prior to placement of the new asphalt overlay. Manufactured lid rings may be considered for use only after proper submittals have been reviewed and approved by the Town of Monument Public Works Department. This work shall not be paid for separately but shall be included in the unit price for Surface Milling. The Contractor shall be required to coordinate the lowering and raising of any lids with the Town of Monument Engineering Assistant. This coordination with other agencies will not be paid for separately but shall be included in the unit price of Surface Milling. 3.07 WEATHER LIMITATIONS Milling shall not proceed if weather conditions create an unsafe work environment as determined by the Town of Monument Public Works Department or the Town’s Engineering Assistant. 3.08 METHOD OF MEASUREMENT A. Measurement will be made only one time for the surface area dimension, regardless of the number of passes required by the machine to secure the depth desired. B. Surface Milling shall be paid for by the square yard of surface area as verified by the TOWN or authorized representative. The area of payment will normally be the measured width of the milled street multiplied by the length of the milled surface then divided by nine C. Measurements will be taken by the inspector or an authorized representative of the TOWN using their measuring equipment and not by the use of the contractors measuring devices. Measurements will only be made one time. The contractor is encouraged to accompany the inspector during the field measuring operations. 3.09 BASIS OF PAYMENT A. The square yard price for Surface Milling shall include full compensation for removal of all materials to the depth specified; minimizing the dust escaping to the atmosphere; loading, hauling, unloading, disposing of the material; and for all labor, tools, equipment, overhead, incidentals, manipulation, water, sweeping, cleaning, placement of temporary pavement markings, traffic control, public notifications and incidentals to complete the work, including protection of manholes and valves, and mobilizations of the milling machine required to complete the work as described in these specifications. B. No payment will be made for work done by any machine on a trial run to demonstrate its ability to meet this specification unless the work performed is acceptable under this specification. C. Pay requests shall be prepared by the Contractor every 30 days and submitted during the course of the project. Contractor shall have a maximum of 30 days to verify or dispute in writing any Town of Monument Public Works Department quantities to be submitted for payment. After 30 days from date of submission, if no dispute has been submitted in writing objecting to these ---PAGE BREAK--- 13 quantities then said quantities shall be considered final and no future adjustments shall be allowed. Payment will be made under: Pay Item Pay Unit Surface Milling (1.5-inch thickness) Square Yard 4.0 ASPHALT DIGOUT PATCHING: 4.01 GENERAL 4.01.1 Asphalt digout areas shall be identified by the inspector after the milling machine has removed the specified thickness of asphalt for the project. The contractor and inspector shall mark the areas requiring repair by proof rolling the milled surface with a loaded tandem truck, or approved equal. The areas requiring repair shall be agreed to with the Inspector prior to starting removals. Contractor shall cut the asphalt to a neat line so as to avoid damaging surrounding asphalt surfaces in good condition. When removing damaged asphalt, care shall be taken to avoid excessive loading to surrounding areas to minimize the risk of damaging asphalt surrounding the area marked out for removal. Digout area shall be excavated to a depth sufficient to stabilize the soft areas as determined by the Inspector. Millings may be used to fill the over excavated digout areas. These areas are to be patched with warm mix asphalt (WMA) or hot mix asphalt (HMA). The Inspector shall direct the Contractor as to the required thickness of the asphalt patch. The Contractor shall remove and dispose of materials excavated. This excavated material shall become the property of the Contractor and be hauled off the project site and disposed of at the Contractor’s expense prior to the end of the workday or traffic control devices being removed. Subgrade shall be reconditioned and compacted to ninety-five (95) percent relative compaction prior to placement of asphalt. All edges shall be tacked with emulsified asphalt prior to placement of asphalt. Asphalt shall be placed in compacted lifts not to exceed six times the aggregate size 6 x ½” = Each lift shall be allowed to cool prior to the next lift being placed. Over excavation, placement and/or purchase of asphalt millings (or Class 6 road base) will not be paid for separately but shall be included in the unit price of Asphalt Overlay. 4.01.2 If it is determined that the digout will need to be excavated beyond the 6-inch maximum depth specified (not including reconditioning), the contractor shall contact the Inspector for authorization to proceed to a deeper depth. No payment will be made for this additional asphalt (beyond 6 inches in thickness) unless the Inspector gives prior authorization for the additional thickness of asphalt material. 4.01.3 The Contractor shall collect the scale ticket on each load of asphalt when it is delivered to the project site. The Contractor shall write the location where the asphalt was used on the scale ticket by street name and the nearest cross street where the material was placed. 4.01.4 The scale tickets shall be available on site for inspection and collection by the inspector. 4.01.5 Each day the Contractor shall provide the Inspector with envelopes, which contain the previous day’s signed tickets and the following: A. On each envelope: Date of patching, location of patchwork by street address, type of material, daily total and cumulative total. B. One signed excel spreadsheet showing tabulations of the weight tickets that have been checked and signed by a second person. Adding machine tape is acceptable. C. A listing of all scale tickets that were voided will also be documented. ---PAGE BREAK--- 14 4.02 MATERIALS Asphalt material used in patches shall be as specified in Section 6.0 of these specifications. 4.03 WEATHER LIMITATIONS Digout patching should not proceed if weather conditions create an unsafe work environment or jeopardize the quality of the patch. Patching shall not be performed if the ambient air temperature is below fifty (50) degrees Fahrenheit for Hot Mix Asphalt (HMA) and forty (40) degrees Fahrenheit for Warm Mix Asphalt (WMA). 4.04 CLEAN UP Contractor shall leave roadway in a safe, drivable condition at the end of each work day prior to traffic control devices being removed or traffic being allowed to pass over patched areas. 4.05 QUALITY CONTROL Testing shall be as described in Section 6.0 & Section 6.1 Project Special Provisions of these specifications. 4.06 METHOD OF MEASUREMENT Asphalt Digout Patching shall be paid for on a per ton unit price for Asphalt Overlay. Tonnage will be determined by tabulation of daily weight tickets that have been signed and collected as indicated in Section 4.01.5 and accepted by the Inspector. 4.07 BASIS OF PAYMENT A. The accepted quantities of digout patching will based on verified, signed machine tape tabulations or MS Excel spreadsheet and weigh tickets and will be paid for at the contract unit price per ton for the digout patching materials. B. Payment for Asphalt Digout Patching shall include all labor, materials, equipment, overhead, incidentals, dump fees, public relations, mobilizations and traffic control required to excavate, recondition the subgrade, over excavation, placement of millings (if required) and complete the work as described in the specifications. No additional payment will be made for labor, equipment, material, or incidental work but shall be included in the unit price for Asphalt Overlay. C. Pay requests shall be prepared by the Contractor every 30 days and submitted during the course of the project. Contractor shall have a maximum of 30 days to verify or dispute in writing any Town of Monument Public Works Department quantities to be submitted for payment. After 30 days from date of submission for payment, if no dispute has been submitted in writing objecting to these pay quantities then said quantities shall be considered final and no future adjustments shall be allowed. Payment will be made under: Pay Item Pay Unit Asphalt Overlay Tons 5.0 ASPHALT SKIN PATCH 5.01 DESCRIPTION OF WORK (ASPHALT SKIN PATCH) Asphalt Skin Patch includes those areas where the milling operations penetrate existing asphalt surfaces into the subgrade. The exposed subgrade area shall be compacted to an acceptable condition as determined by the inspector. A skin patch of asphalt shall be applied over these exposed areas within twenty four (24) hours to avoid damaging exposed subgrade. Reprocessing and compaction of exposed subgrade shall not be paid for separately but shall be included in the unit price of Skin Patch. Patch work completed by use of a paving machine will not be paid for as Asphalt Skin Patch, but instead shall be paid for at contract unit prices for Asphalt Overlay. If skin patching is not placed within twenty-four (24) hours, or a reasonable amount of time as determined by the Town or authorized representative, this work shall not be paid for separately. ---PAGE BREAK--- 15 5.02 METHOD OF MEASUREMENT Asphalt Skin Patch shall be paid for on a contracted unit price per ton. Tonnage will be determined by tabulation of daily weight tickets that have been signed and collected as indicated in Section 4.01.5 and accepted by the Inspector. 5.03 BASIS OF PAYMENT A. The accepted quantities of Asphalt Skin Patch material (HMA/WMA) based on verified, signed machine tape tabulations or MS Excel spreadsheet and weigh tickets, will be paid for at the contract unit price per ton for Asphalt Overlay. B. The contract unit price of Asphalt Overlay shall be for all labor, materials, equipment, overhead, incidentals, public notifications, testing, mobilizations and traffic control required to complete the work as described in the specifications. C. Pay requests shall be prepared by the Contractor every 30 days and submitted during the course of the project. Contractor shall have a maximum of 30 days to verify or dispute any Town of Monument Public Works Department quantities to be submitted for payment. After 30 days, from date of submission for payment, if no dispute has been submitted in writing objecting to these pay quantities then said quantities shall be considered final and no future adjustments shall be allowed. Payment will be made under: Pay Item Pay Unit Asphalt Overlay (Grading SX) Ton 6.0 ASPHALT OVERLAYS SEQUENCE OF WORK: Work as listed in Exhibits A & Map. NOTES: A. Inspection of Asphalt Plant: The Town of Monument or the Town’s Engineering Assistant shall have access, at all times, to all areas of the plant for checking the adequacy of the equipment, inspecting the operation of the plant, verifying weights, proportions, material properties and checking temperatures maintained in the preparation of the mixtures. During the first day’s run, of each different type of mix, the contractors plant operator shall discuss in detail the operation of the following instrumentation (in the control house) with the Town or his representative so that these individuals have a clear and concise understanding of these instruments: Plant production rate settings. Weight of aggregates introduced into the mixing drum. Quantity of oil introduced into the mixing drum. Temperature settings in the mixing drum. Weight of cellulose (if used) introduced into the mixing drum. Weight of lime introduced into the mixing drum. Weight of material stored in silo and dispersed into each truck. The contractor shall designate and identify a single plant operator, onsite in the control house at all times of production, that the Town or his authorized representative can report discrepancies to if they arise. The Contractor’s control house operator shall take immediate action to correct any discrepancies brought to their attention. If immediate action is not taken to correct the identified problem, that days production or portion ---PAGE BREAK--- 16 thereof can be rejected by the Town at no cost to the Town. Any rejected materials shall not be hauled or placed on any Town projects and no costs will be charged to the Town. Daily access shall be allowed to the Town of Monument Public Works Department or representative when materials are being produced for any Town projects. B. The use of Warm Mix Asphalt (WMA) (Water Injection Method ONLY) is allowed as an alternative material to hot mix asphalt (HMA) at the discretion of the Town of Monument Public Works Department. 6.1 ASPHALT PAVING PROJECT SPECIAL PROVISIONS: 6.1.01 Section 1.004.P in the Pikes Peak Region Asphalt Paving Specifications - the second paragraph shall be replaced with the following: Payment for prime coat and /or tack coat shall not be paid for separately but shall be included in the unit price bid for asphalt overlay, and shall include all materials, tools, equipment, and labor necessary to complete the work in accordance with specifications, and as directed by the Town of Monument Public Works Department or representative. *NOTE: For safety reasons, tack coat shall not be applied to areas beyond what can be paved during that days production. 6.1.02 Section 1.004.N in the Pikes Peak Region Asphalt Paving Specifications the following shall be added: Testing Qualifications – Acceptance and/or Quality/Process Control Testing Supervisor Qualifications: The person responsible for the Acceptance or Quality Control sampling and testing shall be identified. This person must possess one or both of the following qualifications: Registration as a Professional Engineer in the State of Colorado. Level A, B, and C certifications from the CAPA/CDOT Laboratory for Certification of Asphalt Technicians (LabCAT) Testing Technician Qualifications: Technicians taking samples and performing tests must have had at least one year of experience with asphalt pavement under the direct supervision of the above listed personnel. In addition, technicians must possess the following qualifications prior to the start of the project: Technicians taking samples and conducting compaction tests must have Level A certification from the CAPA/CDOT Laboratory for Certification of Asphalt Technicians (LabCAT). 6.1.03 Table 1.004.5 in the Pikes Peak Region Asphalt Paving Specifications – the following notes shall be added: Notes for Table 1.004.5: a. The minimum number of in-place density tests shall be taken after compaction has been completed. b. The Contractor shall notify the Town of Monument Public Works Department immediately when any properties fall outside tolerances and may have to make adjustments to the Job- Mix Formula. Continued production of out of tolerance material may be cause for price adjustment or removal of in-place material at the Contractor’s expense. c. Minimum of one density test shall be performed on each street, after the mat has been placed and compacted, regardless of tonnage used. A nuclear gauge capable of testing densities shall be used for all density testing. The name, model and specifications of the gauge’s capabilities shall be submitted to the Town of Monument Public Works Department for approval prior to starting any work. ---PAGE BREAK--- 17 d. The Town shall pay for Quality Assurance/Acceptance testing on materials after incorporation into the project, unless retesting of materials is necessary because of the failure of the materials to meet the project requirements at which time the Contractor shall pay for all retesting of failing materials. 6.1.04 The following shall be added at the end of Section 1.004.N in the Pikes Peak Region Asphalt Paving Specification document: PENALTIES Any and all adjustments in pay due to materials not conforming to Specifications for asphalt densities, gradation, asphalt content and Voids shall be determined from test results obtained from the Town’s independent AMRL accredited testing laboratory hired for quality acceptance testing and not from the Contractor’s testing lab. Upon receipt of test results which do not comply with these specifications from an approved testing laboratory, the following penalties shall be imposed: A. First Failed Test for a given element (see Tables 1.004.5 & 1.004.7): Written notification with reminder of subsequent failure fines. B. Second Failed Test for a given element (see Tables 1.004.5 & 1.004.7): A two dollar ($2.00) per ton price reduction for material placed for that days entire run. C. Third Failed Test for a given element (see Tables 1.004.5 & 1.004.7): A three dollar ($3.00) per ton price reduction for material placed for that days entire run. D. Fourth Failed Test for a given element (see Tables 1.004.5 & 1.004.7): A four dollar ($4.00) per ton price reduction for material placed for that days entire run. E. Fifth Failed Test for a given element (see Tables 1.004.5 & 1.004.7): Project shall stop all work and make adjustments to mix as necessary to bring asphaltic material back into Specification. F. Each separate paving “Grid”, as described in Exhibits A & Map, will be a new production run beginning with a zero penalty. 6.1.05 Section 1.004.I in the Pikes Peak Region Asphalt Paving Specification the following shall be added: 1.004.I PREPARATION OF UNDERLYING SURFACE a. Preparation of all road surfaces and subgrade for asphalt overlay will be accomplished by the Contractor. This work shall include removal of vegetation and debris in all transverse and longitudinal cracks and along gutter pans where it is adjacent to the surface to be overlaid. This work shall not be paid for separately but shall be included in the unit price of Asphalt Overlay. b. A “pick-up” type broom shall be used to clean all street surfaces and shall be clean and dry prior to overlay operations. Sweeping shall not be paid for separately but shall be included in the unit price of Asphalt Overlay. c. This item of work includes the leveling of low spots, prior to or after milling operations, to produce a more uniform riding surface. Areas to be leveled shall be identified by the inspector. This item also includes all work that may be necessary to complete this task in accordance with these Specifications. This work shall not be paid for separately but shall be paid for at the unit price of Asphalt Overlay. ---PAGE BREAK--- 18 6.1.06 Section 1.004.M in the Pikes Peak Region Asphalt Paving Specification the following shall be added: a. Any new overlay surfaces not meeting smoothness specification shall be MICRO MILLED at the Contractor’s expense. b. If left overnight a longitudinal joint maximum drop off of one inch will be permitted along this joint. If this drop off exceeds one inch then the vertical edge shall be temporarily ramped to leave a taper flatter than a four to one (4:1) along this entire longitudinal joint. Traffic control signage shall be posted accordingly to indicate this condition. The installation and removal of these ramps shall not be paid for separately but shall be included in the per ton price of Asphalt Overlay. c. During the paving operations, prior to opening a transverse joint to traffic, a paper joint of hot mix asphalt shall be placed to create a ramp with a slope of 24:1 in speed zones 35 MPH 1.5” depth equals a 36” tapered ramp) and 36:1 in speed zones > 35 MPH 1.5” depth equals 54” tapered ramp). Ramp edges shall not impede perpendicular traffic flow at any time. The installation and removal of all ramps, including labor, equipment and materials, shall not be paid for separately but shall be included in the unit price of Asphalt Overlay. 6.1.07 Section 1.004.M in the Pikes Peak Region Asphalt Paving Specification the following shall be added: 1.004.M.5 CLEAN-UP Upon completion of the work on a given street the contractor shall remove and completely dispose of all refuse materials, dirt, excess paving, etc., so as to leave the street in a neat and clean condition. All sidewalks, driveways, curb and gutters shall be swept after completing overlay operations. This work shall not be paid for separately but shall be included in the unit price of Asphalt Overlay. All excess materials shall be disposed of by approved means and complying with all local, state and federal codes, ordinances and laws. This work shall be included in the unit price of Asphalt Overlay. 1.004.M.6 SPECIAL CONSTRUCTION REQUIREMENTS A. Asphalt shall not be placed adjacent to new concrete surfaces until new concrete has been allowed to cure for a minimum of 14 days. No exceptions. B. Any concrete damaged during placement of asphalt shall be removed and replaced at contractor’s expense. C. Contractor shall provide a designated person to collect all weight tickets from each truck during the day. This person shall also record the temperature of each load delivered with a daily calibrated infrared thermometer. Contractor and Inspection staff shall calibrate their electronic thermometers prior to starting work each day. A calibration method shall be agreed to and approved by the Town of Monument Public Works Department prior to starting any placement of the asphalt concrete material. If the two electronic thermometers do not read within 2 degrees F of each other the thermometer reading the lowest temperature shall be used measuring temperatures for that day. 6.1.07 Section 1.004.O in the Pikes Peak Region Asphalt Paving Specification shall be replaced with the following: 1.004.O.1 METHOD OF MEASUREMENT At the beginning of each day the Contractor’s designated ticket collector shall provide to the Inspector envelopes that contain the previous days signed tickets in numerical sequence and the following: a. On each envelope: Project number, date of paving, type of material, daily total and cumulative total also reflecting any rejected loads. ---PAGE BREAK--- 19 b. One of the following: 1. Two adding machine tape tabulations of the weight tickets with corresponding totals run and signed by different persons, 2. One signed adding machine tape tabulation of the weight tickets that has been checked and signed by a second person, 3. Signed check tape of computer scale tickets that have a cumulative total. These scale tickets must be consecutive and without voids adjustments. c. A comparison of the actual yield for each day’s placement to the theoretical yield. Theoretical yield shall be based on the actual area paved, the planned thickness, and the actual density of the mixture being placed. Any variance greater than +2.5% shall be indicated on the envelope and a written explanation included. Theoretical yield calculations shall include individual street names and limits as well as paving widths and all calculations. Payment for material greater than +2.5% of the theoretical yield calculations shall be evaluated by the TOWN for payment. d. On each ticket, the street name shall be written where the material was placed. e. Aggregate, asphalt cement, asphalt recycling agent, additives, hydrated lime, celluose, tack coat and all other work necessary to complete each hot bituminous pavement item will not be paid for separately but shall be included in the unit price bid. f. Signed Asphalt Temperature Reading daily chart 6.1.08 Section 1.004.P in the Pikes Peak Region Asphalt Paving Specification shall be replaced with the following: BASIS OF PAYMENT: A. The accepted quantities of hot bituminous pavement; based on verified, signed machine tape tabulations and weigh tickets, will be paid for at the contract unit price per ton for the bituminous mixture. B. The contract unit price per ton of asphalt overlay shall be full compensation for all labor and materials, equipment, overhead, incidentals, public relations, public notification, testing, tree and bush trimming, permits, cleaning of sidewalks, mobilizations, micro- milling and traffic control required to complete the work as described in the specifications. C. Pay requests shall be prepared by the Contractor every 30 days and submitted during the course of the project. Contractor shall have a maximum of 30 days to verify or dispute in writing any Town of Monument Public Works Department quantities to be submitted for payment. After 30 days, from date of submission for payment, if no dispute has been submitted in writing objecting to these pay quantities then said quantities shall be final and no future adjustments shall be allowed. Payment will be made under: Pay Item Pay Unit Asphalt Overlay 2” thick, Grading SX (PG 58-28) Ton