2025 INTERSECTION IMPROVEMENTS CIP24-016 _ CIP24-028.pdf

2025 INTERSECTION IMPROVEMENTS – CIP24-016 & CIP24-028

20120 E. Mainstreet Parker, CO 80138 Voice 303-840-9546 Fax 303-840-8241

CONTRACT DOCUMENTS

AND

CONSTRUCTION SPECIFICATIONS

FOR

2025 INTERSECTION IMPROVEMENTS

CIP24-016 MAINSTREET & CHAMBERS ROAD TURN LANE IMPROVEMENTS

AND

CIP24-028 BAYOU GULCH & CROWFOOT VALLEY ROAD TURN LANE IMPROVEMENTS

For use with the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction dated 2022; Colorado Department of Transportation Standard Plans dated July, 2019; and Town of Parker Roadway Design and Construction Criteria November 2020 and Town of Parker Storm Drainage and Environmental Criteria February 2014.

VIRTUAL BID-OPENING:

Separate sealed bids, will be received by electronic bid through Rocky Mountain E-Purchasing System: www.bidnetdirect.com//town-of-parker until 9:30AM local time, April 23, 2025, and then publicly opened and read aloud via an online Zoom conference. The Zoom conference information will be added to BidNet Direct via a Communication prior to the bid date.

Contract shall be completed on or before September 26, 2025, for this project. Liquidated damages will be charged in accordance with Trade Contractor’s Agreement, Article 4.

TABLE OF CONTENTS

NOTICE TO BIDDERS

BID BOND

PERFORMANCE, PAYMENT AND MAINTENANCE BOND

ARTICLE 1 - GENERAL PROVISIONS AND SERVICES

ARTICLE 2 - DEFINITIONS

ARTICLE 3 - DESCRIPTION OF WORK AND SERVICES

ARTICLE 4 - TIME FOR COMPLETION AND LIQUIDATED DAMAGES

ARTICLE 5 - CONTRACT SUM

ARTICLE 6 - CORRECTION OF WORK

ARTICLE 7 - TEMPORARY FACILITIES AND SERVICES

ARTICLE 8 - INDEMNIFICATION AND INSURANCE

ARTICLE 9 - PERFORMANCE, LABOR AND MATERIAL PAYMENT BONDS

ARTICLE 10 - DISPUTE RESOLUTION

ARTICLE 11 - TERMINATION

ARTICLE 12 - SIMULTANEOUS WORK BY OTHERS

ARTICLE 13 - SUBCONTRACTING

ARTICLE 14 - GUARANTY

ARTICLE 15 - SALES TAX

ARTICLE 16 - MISCELLANEOUS PROVISIONS

NOTICE OF AWARD

NOTICE TO PROCEED

ADVERTISEMENT AND FINAL ACCEPTANCE FORM

PROPOSAL

BID SCHEDULE...........................................................................................................3 PAGES

CIP24-016 PROJECT PLANS.....................................................................................24 PAGES

CIP24-016 PROJECT SPECIFICATION PROVISIONS............................................25 PAGES

CIP24-028 PROJECT PLANS......................................................................................26 PAGES

CIP24-028 PROJECT SPECIFICATION PROVISIONS............................................26 PAGES

INSURANCE REQUIREMENTS

BID BOND

KNOW ALL MEN BY THESE PRESENTS, THAT __________________________________

as Contractor, and ______________________________________________________________ as Surety, are held and firmly bound unto the Town of Parker (hereinafter called "Owner") in the penal sum of ______________________________________________________________ Dollars ($______________________) lawful money of the United States, for payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, the Contractor has submitted the accompanying bid, dated _____________________________, 2025.

WHEREAS, the Owner has required the Contractor to furnish either a Certified Check, equivalent to not less than five percent (5%) of the amount of said bid, or a Bid Bond in the same amount, conditioned that, in event of failure to execute the proposed Contract and the Performance, Payment and Maintenance Bond within the time specified, if the Contract is awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the Contractor's failure to perform for the reason that it is impossible to determine the actual damages caused by the delay.

NOW, THEREFORE, if the Contractor shall, within the period specified therein, and on the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner, in accordance with his bid as accepted, and give a Performance, Payment and Maintenance Bond with good and sufficient surety, or sureties, as may be required, upon the forms prescribed by the Owner, for the faithful performance and the proper fulfillment of said Contract, or in the event of the withdrawal of said bid within the time specified, or upon the payment of the Owner of the sum determined upon herein as liquidated damages, and not as a penalty in the event of the failure of the Contractor to enter into said Contract, and shall give such Performance, Payment and Maintenance Bond within the time specified, then this obligation shall be void and of no effect, otherwise to remain in full force and effect.

IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their several seals this _____ day of ______________, 2025, the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representatives pursuant to the authority of its governing board.

CONTRACTOR ADDRESS

BY: ____________________________ ATTEST:

SURETY ADDRESS

BY: ____________________________ ATTEST:

Attorney-in-Fact

PERFORMANCE, PAYMENT AND MAINTENANCE BOND

KNOW ALL MEN BY THESE PRESENTS, That we, the undersigned ________________ of ____________________________________________________________, hereinafter referred to as the "Contractor", and _______________________________________, a [corporation/limited liability company] organized under the laws of the State of ___________________________ and authorized to transact business in the State of _______________________________ as Surety, are held and firmly bound unto the Town of Parker, hereinafter referred to as "Owner," in the penal sum of ___________________________________________________________________ Dollars ($_______________________), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves and our heirs, executors, administrators, successors, and assigns, jointly and severally by these presents.

THE CONDITIONS OF THE FOREGOING OBLIGATION IS SUCH THAT:

WHEREAS, the above bounden Contractor has, on the _____ day of ______________, 2025, entered into a written Contract with the aforesaid Owner for the _______________________ ____________________________________________________________ Specifications No.

________________, which shall include furnishing all materials, equipment, tools, superintendence, and other facilities and accessories, for the construction of certain improvements as designated, defined and described in the said Contract and the conditions thereof, and in accordance with the specifications and plans therefor; a copy of said Contract being attached hereto and made a part hereof:

NOW, THEREFORE, if the said Contractor shall and will, in all particulars, well, duly and faithfully observe, perform and abide by each and every covenant, condition, and part of the said Contract, and the Conditions, Specifications, Plans and other Contract Documents thereto attached or, by reference, made a part thereof, according to the true intent and meaning in each case, then this obligation shall be and become null and void; otherwise it shall remain in full force and effect.

This obligation shall be in full force and effect for the full guarantee period provided in the specifications contained herein.

PROVIDED FURTHER, that if the said Contractor fails to duly pay for any labor, materials, sustenance, gasoline, lubricating oils, fuel oils, greases, or any other supplies or materials used or consumed by such Contractor or his, their, or its subcontractors in performance of the work contracted to be done, the Surety will pay the same together with interest as provided by law.

PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligation on this bond and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the Contract, or to the work or to the specifications.

PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that he will indemnify and save harmless the said Owner to the extent of any and all payments in connection with the carrying out of said Contract which said Owner may be required to make under the law by any reason of such failure or default by the said Contractor and any such Contractor.

PROVIDED FURTHER, that the said Surety and Contractor shall protect, defend, indemnify and save harmless the Owner and the Owner's officers, including its engineers and their employees providing service agents, servants, and employees, relative to the "Owner" contract, from and against all claims and actions and all expenses incidental to the defense of such claims or actions, including reasonable attorney fees, based upon or arising out of default under this Contract or the consequences thereof, and on request of the Owner will assume the defense of any claim or action brought against the Owner.

IN TESTIMONY WHEREOF, the said Contractor has hereunto set his hand, and the said Surety has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its attorney-in-fact authorized on this _____ day of _____________, 2025.

(SEAL) __________________________________________

CONTRACTOR

By: ______________________________________

ATTEST:

SECRETARY

SURETY COMPANY

(SEAL) By: ______________________________________

ATTORNEY-IN-FACT

By: ______________________________________

STATE REPRESENTATIVE

(Accompanying this bond with Attorney-in-Fact's authority form the Surety Company certified to include the date of the bond.)

ARTICLE 1 - GENERAL PROVISIONS AND SERVICES

A. The Trade Contractor will commence and fully complete the construction of 2025

INTERSECTION IMPROVEMENTS – CIP24-016 MAINSTREET AND CHAMBERS ROAD TURN

LANE IMPROVEMENTS & CIP24-028 BAYOU GULCH AND CROWFOOT VALLEY ROAD TURN

LANE IMPROVEMENTS.

B. The Trade Contractor will furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the project described herein.

C. The Trade Contractor will commence the work required by the contract documents within ten (10) calendar days after the date of the notification to proceed and will complete the same on or before SEPTEMBER 26, 2025, unless the period for completion is extended otherwise by the contract documents. The Trade Contractor agrees to pay liquidated damages to the extent provided in Article 4.

D. The Trade Contractor agrees to perform all of the work described in the contract documents and to comply with the terms therein for an amount not to exceed ___________________________ Dollars ($________________), as shown in the bid.

ARTICLE 2 - DEFINITIONS

A. Wherever used in the contract documents, the following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof:

1. Addenda – Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the contract documents, drawings and specifications, by additions, deletions, clarifications or corrections.

2. Bid – The offer or proposal of the bidder submitted in the prescribed form setting forth the prices for the work to be performed.

3. Bidder – Any person, firm or corporation submitting a bid for the work.

4. Bonds – Bid, performance and payment bonds and other instruments of security, furnished by the Trade Contractor and his surety in accordance with the contract documents.

5. Change Order – A written order to the Trade Contractor authorizing an addition, deletion or revision in the work within the general scope of the contract documents, or authorizing an adjustment in the contract price and/or contract time.

6. Contract Documents – The contract, including advertisement for bids, information for bidders, bid, bid bond, performance, payment and maintenance bond, notice of award, notice to proceed, change order(s), general conditions, special conditions, general specifications, special specifications, scopes of work, addenda, and drawings. Any and all other documents or papers included or referred to in the foregoing documents are part of the contract documents.

7. Contract Price – The total monies payable to the Trade Contractor under the terms and conditions of the contract documents.

8. Contract Time – The number of calendar days stated in the contract documents for the completion of the work.

9. Date of Award – Date of award of contract shall mean the date formal notice of such award, approved by the Town of Parker (the "Town"), has been delivered to the intended awardee, or mailed to him at the main business address shown in his proposal by the Town or his authorized representative.

10. Day or Days – Unless herein otherwise expressly defined, "day" shall mean calendar day or days.

11. Drawings or Contract Documents – The part of the contract documents which shows the characteristics and scope of the work to be performed and which has been prepared or approved by the Engineer.

12. Engineer – Town of Parker, acting directly or through its duly authorized representatives, who is responsible for the engineering supervision of the construction.

13. Field Order – A written order effecting a change in the work not involving an adjustment in the contract price or an extension of the contract time, issued by the Engineer to the Trade Contractor during construction.

14. Major Equipment or Major Equipment Items – Installation of major equipment to be furnished and placed under the contract awarded to the Trade Contractor and/or installations of major equipment to be furnished by the Town and received, unloaded, stored, and placed under the contract awarded to the Trade Contractor.

15. Notice of Award – The written notice from the Town to the successful bidder of the acceptance of the bid.

16. Notice to Proceed – Written communication issued by the Town to the Trade Contractor authorizing him to proceed with the work and establishing the date of commencement and completion of the work.

17. Project – Construction of the project generally described in Article 1, shown on drawings, and called for in these documents, located in the Town of Parker, County of Douglas, State of Colorado.

18. Shop Drawings – All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by the Trade Contractor, a subcontractor, manufacturer, supplier or distributor, which illustrate how specific portions of the work shall be fabricated or installed.

19. Site – The lands and other places on, under, in, or through which the work is to be executed or carried out and any other lands or places provided by the Town for the purposes of the contract together with such other places as may be specifically designed in the contract documents as forming part of the site.

20. Special Conditions – Supplemental conditions that apply to specific aspects of the project or modifications to the general conditions that are to be adhered to in the project.

21. Subcontractor – An individual, firm or corporation having a direct contract with the Trade Contractor or with any other subcontractor for the performance of a part of the work at the site.

22. Substantial Completion – That date as certified by the Town when the construction of the project or a specified part thereof is sufficiently completed, in accordance with the contract documents, so that the project or specified part can be utilized for the purposes for which it is intended.

23. Suppliers – Any person, supplier, or organization who supplies materials or equipment for the work, including that fabricated to a special design, but who does not perform labor at the site. A supplier is not a subcontractor who purchases an item of equipment from a manufacturer.

24. Trade Contractor – The person, firm or corporation with whom the Town has executed this Agreement.

25. Work – All labor necessary to produce the construction required by the contract documents, and all materials and equipment incorporated or to be incorporated in the project. The work and the project are used interchangeably to mean the same thing.

26. Written Notice – Any notice to any party of the Agreement relative to any part of the Agreement in writing and considered delivered and the service thereof completed when posted by certified or registered mail to the said party at his last given address, or delivered in person to said party or his authorized representative on the work.

ARTICLE 3 - DESCRIPTION OF WORK AND SERVICES

Section 1. Drawings and Specifications.

A. The intent of the drawings and specifications is that the Trade Contractor shall furnish all labor, materials, tools, equipment, and transportation necessary for the proper execution of the work in accordance with the contract documents and all incidental work necessary to complete the project in an acceptable manner, ready for use, occupancy or operation by the Town.

B. Three copies of the contract documents will be furnished to the Trade Contractor without charge upon request, and any additional copies which the Trade Contractor may request will be furnished at the cost of reproduction. The contract documents are to be used only in connection with the work specified herein and, with the exception of the signed contract set, are to be returned at the completion of the contract.

C. In case of conflict between the drawings and specifications, the drawings will govern. In case of conflict between the special conditions and the specifications, the special conditions shall govern. Figure dimension on drawings will govern over scale dimensions, and detailed drawings will govern over general drawings. In the case of a conflict between the special conditions and the drawings, the special conditions shall govern. Notwithstanding the above, a document which is more restrictive or requires greater responsibility or increased compliance by the Trade Contractor shall govern.

D. Any discrepancies found between the drawings and specifications and site conditions or any inconsistencies or ambiguities in the drawings or specifications shall be immediately reported to the Engineer, in writing, who will promptly resolve such inconsistencies or ambiguities in writing. Work done by the Trade Contractor after his discovery of such discrepancies, inconsistencies, or ambiguities shall be done at the Trade Contractor's risk.

E. The Trade Contractor may be furnished additional instructions and detailed drawings, by the Engineer, as necessary to carry out the work required by the contract documents.

All additional instructions and detailed drawings shall be issued to the Trade Contractor by the Engineer.

F. The additional drawings and instructions thus supplied will become a part of the contract documents. The Trade Contractor shall carry out the work in accordance with the additional detailed drawings and instructions.

Section 2. Materials, Services and Facilities.

A. It is understood that, except as otherwise specifically stated in the contract documents, the Trade Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature and all other services and facilities of any nature whatsoever necessary to execute, complete and deliver the work within the specified time.

B. In addition to the requirements for major equipment items previously given, within fourteen (14) days after execution of the Contract, the Trade Contractor shall submit to the Engineer a complete listing of the manufacturers of each item of equipment or assembly fabricated off the site which is proposed to be furnished for the project, to demonstrate clearly that the materials and equipment to be furnished comply with the provisions and intent of the contract documents. If the information shows any deviation from the Contract requirements, the Trade Contractor shall advise the Engineer of the deviation and state the reason for it in writing.

C. Only first class materials and materials which conform to the requirements of the specifications shall be incorporated in the work. All materials shall be new unless specified to be otherwise.

D. When requested by the Engineer, the Trade Contractor shall furnish a written statement of the origin, composition, and manufacturer of any or all materials (manufactured, produced or grown) that are to be used in the work. The sources of supply of each material used will be approved by the Engineer before delivery is started. If, at any time, sources previously approved fail to produce materials acceptable to the Engineer, the Trade Contractor shall furnish materials from other sources.

E. Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the work. Stored materials and equipment to be incorporated in the work shall be located so as to facilitate prompt inspection.

F. Manufactured articles, materials, and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.

G. Materials, supplies, and equipment shall be in accordance with samples submitted by the Trade Contractor and approved by the Engineer.

H. Materials, supplies or equipment to be incorporated into the work shall not be purchased by the Trade Contractor or the subcontractor subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller.

I. The Trade Contractor shall retain, for the benefit of the Town, all materials and supplies that are purchased for the project but are not used as a part of the project. The Town may take any of the materials and supplies that are used in the project for any Town purpose. Any materials and supplies not taken by the Town shall be removed from the project site by the Trade Contractor.

Section 3. Shop Drawings.

A. The Trade Contractor shall submit shop drawings, samples and O&M manuals as may be necessary for the prosecution of the work as required by the contract documents, within fourteen (14) days of receipt of the contract documents, or the payments due to the Trade Contract will be suspended. The Engineer will promptly review all shop drawings, within 14 days. All such drawings will be reviewed and signed by the Engineer, and will be null and void unless authorized by such signature. The Engineer's approval of any shop drawing will not release the Trade Contractor from responsibility for deviations from the contract documents.

B. The Trade Contractor shall make any indicated corrections on the shop drawings returned and shall resubmit corrected drawings until final review is obtained.

C. All drawings and details on items of major equipment may be reviewed by the Engineer only after the complete set of drawings and details covering the entire equipment package to be furnished under a particular major equipment item are submitted. Drawings submitted on a piecemeal basis covering only parts of the equipment package may be held for checking until the entire set of drawings is received.

D. The Trade Contractor shall also submit to the Engineer shop drawings showing detail of structural steel and concrete reinforcing steel, bending details, piping details, and other items necessary for the proper installation of materials into the completed work, as provided by this Agreement.

E. The Trade Contractor shall have no claims for damages or extension of time on account of any delay in the work resulting from the rejection of material or from review, revision and resubmittal of shop drawings when the review, revision and resubmittal is due to changes to the original design documents by the Contractor, and other data for review by the Engineer.

F. Each shop drawing shall be dated and shall be identified with the name of the project, the division, if any, the Contract item number, and the name of the Trade Contractor.

G. When submitted for the Engineer's review, shop drawings shall bear the Trade Contractor's certification that he has reviewed, checked and approved the shop drawings and that they are in conformance with the requirements of the contract documents. By approving and submitting shop drawings and samples, the Trade Contractor thereby represents that he has determined and verified all field measurements, field construction criteria, materials, catalog numbers and similar data, or will do so, and that he has checked and coordinated each shop drawing and sample with the requirements of the work and of the contract documents.

H. Portions of the work requiring a shop drawing or sample submission shall not begin until the shop drawing or submission has been reviewed by the Engineer. A copy of each approved sample shall be kept in good order by the Trade Contractor at the site and shall be available to the Engineer, until the work is complete or the sample is released by the Engineer for incorporation into the work.

Section 4. Records, Accounts and Audits.

A. The Trade Contractor agrees to keep one complete set of records and books of account on a recognized cost accounting basis (satisfactory to the Engineer), showing all expenditures, of whatever nature, made pursuant to the provisions of this Contract.

B. The Trade Contractor shall furnish the Engineer with such records, information and data as may be reasonable. The Engineer shall at all reasonable times be afforded the opportunity to inspect and/or audit the above-specified books and records of said Trade Contractor.

Section 5. Inspection and Testing.

A. All materials and equipment used in the construction of the project will be subject to inspection and testing in accordance with generally accepted standards.

B. The Trade Contractor shall give sufficient advance notice of placing orders to permit tests to be completed before materials are incorporated in the work.

C. The Town will provide testing services required by the contract documents.

D. Neither observations by the Engineer, tests nor approvals by persons other than the Engineer will relieve the Trade Contractor from his obligations to perform the work in accordance with the requirements of the contract documents.

E. The Engineer, the Town, and their representatives will, at all times, have access to the work and to locations where materials or equipment are being manufactured, stored, or prepared for use under these contract documents, and they shall have full facilities for unrestricted inspection of such materials, equipment, and work, including full access to purchasing and engineering information, but not including prices, to the extent of uncovering, testing, or removing portions of the finished work. The Engineer shall be furnished with such information as may be required regarding materials used and the process of manufacture for the various items of equipment. Inspections of equipment or materials during its manufacture will be performed by or for the Town solely in an effort to detect discrepancies and defects as early as possible, when they can be most readily corrected, and the work thereby expedited. No acceptance of equipment or materials will be construed to result from such shop inspections by the Town or the Engineer. Any inspections, tests or waivers thereof will not relieve the Trade Contractor of responsibility for meeting all requirements of these contract documents.

F. In addition, authorized representatives and agents of any participating federal, state or local agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Trade Contractor shall provide proper facilities for such access to and observation of the work and also for any inspection or testing thereof.

G. In case of disputes between the Trade Contractor and the Engineer as to materials furnished or manner of performing the work, the Engineer will have authority to reject materials or suspend the work until the question at issue can be decided by the Town. The Town is authorized to revoke, alter, enlarge, relax or release any requirements of these specifications, and to approve or accept any portion of the work, and to issue instructions contrary to the drawings and specifications.

Section 6. Construction Review.

A. The Engineer will periodically observe the construction of all work covered by this Contract. The Engineer, on behalf of the Town, shall be authorized to determine the amount or quantities of the several items of work which are to be paid for under this Contract; to order field changes within the scope of the Contract and to render decisions on any questions which may arise relative to the execution of the work covered by this Contract. The Engineer does not have authority to suspend work on the project. The Trade Contractor shall not suspend any portion of the work nor resume suspended work without the written authority of the Town.

B. Neither Engineer's authority to act under the Contract nor any decision made by Engineer in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of the Engineer to the Trade Contractor, any subcontractor, any supplier, or any other person or organization performing any of the work, or to any surety for any of them.

C. Whenever, in the drawings or contract documents, the terms "as ordered," "as directed," or the adjectives "reasonable," "suitable," "acceptable," "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of Engineer as to the work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the work for compliance with the contract documents. The use of any such term or adjective shall not be effective to assign to Engineer any duty or authority to supervise or direct the furnishing or performance of the work or any duty or authority to undertake responsibility for the project. Neither the Town nor the Engineer will be responsible for the acts or omissions of Contractor or any subcontractor, any supplier, or of any other person or organization performing or furnishing any of the work.

D. Periodic observation of the work in progress by the Engineer will be done whenever the Contractor is performing work that requires review as determined by the Engineer. The normal working time shall be during a regular 5-day, 40-hour work week, Monday through Friday. If the Trade Contractor elects to work more than 40 hours per week and observation is required during this overtime work as determined by the Engineer, the Engineer shall be paid by the Trade Contractor at the rate as specified herein for all review time required over the normal 5-day, 40-hour week. If the Engineer or his authorized representative is called to the job site to address problems created by the Trade Contractor, he will be paid by the Trade Contractor at the same rate as for overtime review as stated above.

E. If any work has been covered which the Engineer has not been specifically requested to observe prior to its being covered, or if the Engineer considers it necessary or advisable that covered work be inspected or tested by others, the Trade Contractor, at the Engineer's request, shall uncover, expose or otherwise make available for observation, inspection or testing, as the Engineer may require, that portion of the work in question, furnishing all necessary labor, materials, tools and equipment. If it is found that such work is defective, the Trade Contractor shall bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction. If, however, such work is not found to be defective, the Trade Contractor will be allowed an increase in the contract price or an extension of the contract time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction and an appropriate change order will be issued.

Section 7. Surveys, Permits and Regulations.

A. The Trade Contractor shall furnish all required surveying.

B. The Trade Contractor shall secure and pay for all necessary permits, fees and licenses in connection with the performance of its work and shall pay all municipal and other fees in connection therewith, except those expressly provided by the specifications as being the responsibility of the Town, and shall furnish at its expense any and all bonds and cash or other deposits required by law or required by any lawful body having the right to make demand therefor.

C. The Town will provide rights-of-way and easements as shown on the drawings for construction purposes. Any additional land actually needed by the Trade Contractor for the performance of the work, proper location of his plant and equipment, or the storage of materials and supplies for the work, shall be furnished by the Trade Contractor.

Section 8. Protection of Work, Property and Persons.

A. The Trade Contractor shall be responsible for initiating and maintaining all safety precautions and programs in connection with the work. Neither the Town nor the Engineer will be responsible for Trade Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto. The Trade Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to all employees on the work who may be affected thereby, all the work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction.

B. The Trade Contractor shall, at all times, consult with and obtain the approval of the Town for the storage of material, operation of equipment, placing of temporary structures or dispositions of any surplus or waste materials upon property of the Town anywhere outside the limits of construction. The Trade Contractor shall comply with all state, federal and local laws related to the storage or placement of any supplies, equipment, structures, or any other materials.

C. The Trade Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction. He shall erect and maintain, as required by the conditions and progress of the work, all necessary safeguards for safety and protection. He shall notify owners of adjacent utilities when prosecution of the work may affect them. The Trade Contractor shall remedy at his expense all damage, injury, or loss to any property or person caused, directly or indirectly, in whole or in part, by the Trade Contractor, any subcontractor or anyone directly or indirectly employed by any of them.

D. The Trade Contractor shall observe all rules and regulations of the health department having jurisdiction and shall take precautions to avoid creating unsanitary conditions.

E. In emergencies affecting the safety of persons or the work or property at the site or adjacent thereto, the Trade Contractor, without special instruction or authorization from the Engineer, shall act to prevent threatened damage, injury or loss.

F. The Trade Contractor shall, at all times, conduct and work in such a manner as to cause the least inconvenience and greatest protection to the general public. The Trade Contractor shall furnish and maintain barricades, warning signs, flaggers, red flags, lights, and temporary passageways as may be necessary to protect the work and to safeguard the public. The cost of furnishing and maintaining the above facilities shall be incidental to the contract and no extra compensation for it will be allowed.

G. Throughout the performance of the work or in connection with this Contract, the Trade Contractor shall construct and adequately maintain suitable and safe crossings over trenches and such detours as are necessary to care for public and private traffic. The material excavated from trenches shall be compactly deposited along the sides of the trench or elsewhere in such a manner as shall give as little inconvenience as possible to the traveling public, to adjoining property owners, to other trade contractors, or to the Town.

H. In performing the work, the Trade Contractor shall take the necessary action, including making arrangements with the owners or operators of existing power, telegraph and telephone lines, gas, water, sewer and other utilities or installations that may be encountered, whether privately or publicly owned, to prevent interference with the conditions, operations and maintenance of the respective utilities in a manner satisfactory to the owners, or operators of the respective utilities. Relocation or repair of utilities encountered, even though not shown on the drawings, shall be the responsibility of the Trade Contractor. The cost of the above measures, including maintaining of guards, watchmen, signals, barricades and temporary structures, making any necessary repairs and other cooperative or corrective work, shall be borne by the Trade Contractor and shall be included in the prices bid in the Proposal for the related items of work.

Neither the Town nor the Engineer shall be responsible to the Contractor for the existence of utilities not shown on the drawing or drawings and the Trade Contractor remains obligated under this paragraph for all hidden utilities.

I. The Trade Contractor shall be responsible for the preservation of all private or public property along and adjacent to the work and shall take all necessary precautions to prevent damage or injury thereto. Such preservation and protection shall include, but not be limited to, trees, stone walls, fences, mail boxes, monuments, irrigation ditches, driveways, road access culverts, underground pipelines and structures. Such preservation and protection shall apply to all underground pipelines and utilities whether publicly, privately or individually owned that are in or adjacent to the right-of-way. When direct or indirect damage is done to public or private property on account of the act, omission, neglect or misconduct in the prosecution or nonprosecution of the work on the part of the Trade Contractor, such property shall be restored by the Trade Contractor at the Trade Contractor's expense to a condition similar or equivalent to that which existed before such damage or injury was done. The Trade Contractor shall be responsible for making all arrangements at his own expense for moving and operating equipment at temporary crossings of telephone and transmission lines, railroad tracks, irrigation ditches and pipelines.

Section 9. Communication with the Town.

The Trade Contractor shall designate, in writing, a responsible member of its organization at the site, whose duty shall be designated as the contact person for all communication between the Town and the Trade Contractor. Said designated representative shall also be responsible to attend such meetings, as may be required to insure coordination and adequate performance of the work. The designated representative shall also be responsible to the Engineer concerning any changes in the scheduling of the work; delays in completing the work; or closures of public facilities as a part of the work.

Section 10. Trade Contractor's Responsibility.

A. The Trade Contractor shall be responsible for all the work under this Contract until completion and final acceptance by the Town.

B. The Trade Contractor shall supervise and direct the work. He shall be solely responsible for the means, methods, techniques, sequences and procedures of construction.

C. The Trade Contractor shall employ on the work only such persons who are competent and skilled in their assignments. Any employee who obstructs the progress of the work through incompetence or other means or conducts himself improperly shall be discharged or removed from the work when so requested by the Town. This section shall not create a duty for the Town to evaluate or assess the competence or skills of the Trade Contractor's employees.

D. The Trade Contractor warrants that all materials and equipment furnished and incorporated by him in the project shall be new, unless otherwise specified, and that all work under this Trade Contract shall be of good quality, free from fault and defects and in conformity with the contract documents. All work not conforming to these standards shall be considered defective.

The warranty provided herein shall be in addition to and not in limitation of any other warranty or remedy required by law or by the contract documents.

E. The Trade Contractor agrees that if he should fail or neglect to prosecute the work diligently and properly, or fail to perform any provisions of this Trade Contract, that the Town, after three (3) days' written notice to said Trade Contractor, may, without prejudice to any other remedy, make good such deficiencies and may deduct the cost thereof from the payments then or thereafter due to the Trade Contractor pursuant to this Contract.

F. Tools furnished with any equipment may be used for erection purposes and shall be turned over to the Town after completion of the erection in a condition acceptable to the Town.

In case of rejection by the Town, the Trade Contractor shall replace the tool or tools at no extra cost to the Town.

G. Upon completion and before final acceptance of the work, the Trade Contractor shall remove from the site of the work and property of the Town, all machinery, equipment, surplus materials, rubbish, barricades, signs and temporary structures, and shall leave the premises in a condition which is satisfactory to the Town.

H. The Trade Contractor shall keep one record set of the contract documents annotated to show all changes made during construction.

I. The Trade Contractor shall be responsible for the acts and omissions of all his employees and all subcontractors, their agents and employees, and all other persons performing any of the work under a contract with the Trade Contractor.

J. Upon completion of the work, the Trade Contractor shall, at its expense, remove from the vicinity of the work, all plant, buildings, rubbish, unused materials, concrete forms and other like material, belonging to him or used under his direction during construction and, in the event of his failure to do so, the same may be removed by the Town and the Trade Contractor, his Surety or Sureties, shall be liable for the cost thereof. Also during the construction of the work, the site, partially finished structures, and material stockpiles shall be kept in a reasonable state of order and cleanliness.

Section 11. Changes in the Work.

A. The Town may, at any time as the need arises, order changes within the scope of the work without invalidating the Agreement. If such changes increase or decrease the amount due under the contract documents, or in the time required for performance of the work, an equitable adjustment will be authorized by change order.

B. The Engineer also may, at any time, by issuing a field order, make changes in the details of the work. The Trade Contractor shall proceed with the performance of any changes in the work so ordered by the Engineer, unless the Trade Contractor believes that such field order entitles him to a change in contract price or time, or both, in which event he shall give the Engineer written notice thereof within ten (10) days after the receipt of the ordered change, and the Trade

Contractor shall not execute such changes pending the receipt of an executed change order or further instruction from the Town.

Section 12. Changes in Contract Price. The contract price may be changed only by a change order.

The value of any work covered by a change order or of any claim for increase or decrease in the contract price will be determined by one or more of the following methods in the order of precedence listed below:

A. Unit prices previously approved.

B. An agreed lump sum.

C. The actual cost of labor, direct overhead, materials, supplies, equipment and other services necessary to complete the work. In addition, there will be added an amount to be agreed upon, but not to exceed fifteen percent (15%) of the actual cost of the work to cover the cost of general overhead and profit for work performed by the Trade Contractor. Any work performed by a subcontractor for the Trade Contractor in an amount not to exceed ten percent (10%) of the actual cost of the work to cover the cost of general overhead and profit.

ARTICLE 4 - TIME FOR COMPLETION AND LIQUIDATED DAMAGES

A. The date of beginning and the time for completion of the work are essential conditions of the contract documents, and the work embraced shall be commenced on a date specified in the notice to proceed.

B. The Trade Contractor shall complete the work on or before SEPTEMBER 26, 2025, unless the period of completion is otherwise extended by the contract documents.

C. The Trade Contractor shall proceed with the work at such rate of progress as to insure full completion within the contract time. It is expressly understood and agreed, by and between the Trade Contractor and the Town, that the contract time for the completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work during the period such work is to be performed.

D. If the Trade Contractor shall fail to complete the work within the contract time, or extension of time granted by the Town, then the Trade Contractor shall pay to the Town the amount of liquidated damages and not as penalty the sum of One Thousand Four Hundred Dollars ($1,400.00) for each calendar day that the Trade Contractor shall be in default after the time stipulated in the contract documents. The Trade Contractor and the Town agree that a material consideration for entering into this Contract is the Contractor’s completion of the work within the contract time, and the Trade Contractor acknowledges that the failure to complete the work within the contract time will cause the Town, its residents, businesses, visitors and the travelling public, as applicable, to suffer considerable losses and damages, the amount of which is impossible to estimate.

E. The Town will charge the Trade Contractor, and may deduct from the partial and final payment for the work, all architectural, engineering and construction management expenses incurred by the Town in connection with any work accomplished after the specified completion date.

F. The Trade Contractor will not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following, and the Trade Contractor has promptly given written notice of such delay to the Town.

1. To any preference, priority or allocation order duly issued by the Town.

2. To unforeseeable causes beyond the control and without the fault or negligence of the Trade Contractor, including, but not restricted to, unforeseen conditions, acts of God, or of the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather; and

3. To any delays of subcontractors occasioned by any of the causes specified in subparagraphs 1 and 2 of this paragraph F.

G. The Trade Contractor waives any right of recovery or reimbursement or by whatever name, as against the Town or the Engineer, as a result of any delay or increase on overhead cost incurred by the Trade Contractor's association with any action or inaction on the part of any other trade contractor or supplier.

ARTICLE 5 - CONTRACT SUM

A. The Town has appropriated the money necessary to fund this project. The Town shall pay the Trade Contractor in current funds for the performance of the work, subject to any additions and deletions, by written change order, the total sum not to exceed _________________________________________ Dollars ($________________) (the "Original Contract Amount"). Notwithstanding anything to the contrary contained in this Agreement, no change order or other form of directive by the Town requiring additional compensable work to be performed, which causes the aggregate amount payable under this Agreement to exceed the amount appropriated for the Original Contract Amount, unless the Trade Contractor is given written assurance by the Town that lawful appropriations have been made by the Town to cover the cost of the additional work.

B. The Trade Contractor hereby agrees that estimates provided to the Engineer for review for the Town shall be for work actually performed upon the project and that all such work, including labor and materials, have been paid. The determination of the amount of work completed on each application for payment by the Trade Contractor shall be made by the Engineer and shall thereafter be subject to approval by the Town. Such determination, however, by the Engineer or approval by the Town shall not be construed as acceptance of the work.

1. The Trade Contractor shall submit to the Engineer a schedule of values to be allocated to the various portions of the work in place and observed by the Engineer and prepared in such form and supported by such data as to substantiate its accuracy as the Engineer may require. This schedule, unless objected to by the Engineer, shall be used only as a basis for the Trade Contractor application for payment.