biddoc.pdf

20120 E. Mainstreet Parker, CO 80138 Voice 303-840-95

CONTRACT DOCUMENTS

AND

CONSTRUCTION SPECIFICATIONS

FOR

PARKER ROAD AND HILLTOP ROAD INTERSECTION IMPROVEMENTS

PROJECT NUMBER CIP 23-027

PARKER ROAD AND HILLTOP ROAD INTERSECTION IMPROVEMENTS (CIP 23-027) 8/14/2026

NOTICE TO BIDDERS

Separate sealed bids for the PARKER ROAD AND HILLTOP ROAD INTERSECTION IMPROVEMENTS (CIP 23-027) as described in the CONTRACT DOCUMENTS, will be received by electronic bid through Rocky Mountain E-Purchasing System: www.bidnetdirect.com//town-of-parker until 9:00 A.M. local time, September 16, 2026 and then publicly opened and read aloud via an online Zoom conference. The Zoom conference information will be added to BidNet via a Communication prior to the bid date.

Electronic construction plans, specifications and forms for preparing bids may be obtained on Rocky Mountain E-Purchasing System: www.bidnetdirect.com//town-of-parker on or after 9:00 a.m. on August 19, 2026.

All bids must be accompanied by a Bid Bond in an amount of at least five percent (5%) of the Bid. The vendors can upload their bid bond when responding online. The bond will be retained by the Town as liquidated damages if the successful bidder refuses or fails to enter into a Contract and Performance, Payment and Maintenance bond in accordance with his bid when notified of the award.

The Town shall issue a written addendum if substantial changes which impact the technical submission of Bids are required. Addenda will be posted on the Rocky Mountain E-Purchasing System:

www.bidnetdirect.com//town-of-parker. Plan Holders are responsible for either revisiting website prior to the due date to ensure that they have any addenda which may have been issued after the initial download.

The Plan Holder shall certify its acknowledgment of the addendum by signing the addendum and returning it with its Bid. In the event of conflict with the original contract documents, addenda shall govern all other contract documents to the extent specified. Subsequent addenda shall govern over prior addenda only to the extent specified.

The extent of the work is approximately as follows:

The project consists of intersection improvements at Parker Road and Hilltop Road. The scope of the work consists of but not limited to removal of concrete pavement (2,400 SY), unclassified excavation (1,600 CY), aggregate base course (1,300 CY), concrete pavement (3,500 SY). In addition, the associated traffic signal work, pavement markings, traffic and erosion control.

Bids may not be withdrawn for a period of forty-five (45) days after the time fixed for closing them.

The Owner reserves the right to waive irregularities, to waive technical defects accordingly as the best interest of the Town may be served, may reject any and all bids, and shall award the contract to the lowest responsible bidder as determined by the Owner.

All bidders questions and inquires shall be directed to the Town of Parker’s Project Manager, Tom Gill, Associate Project Manager, tgill@parkerco.gov, 303-805-3190. Question Deadline is September 1, 2026 12:00 P.M.

Tom Williams, PE, Engineering/Public Works Director

This Notice to Bidders is not valid without the above signature.

NOTICE TO NONRESIDENT BIDDERS

The purpose of this notice is to comply with C.R.S. § 8-19-104(3). If a nonresident bidder is from a state that provides a bidding preference to bidders from that state, then a comparable percentage disadvantage will be applied to the bid of that nonresident bidder. Nonresident bidders may obtain additional information from the Web site for the Colorado Department of Labor and Employment.

http://www.bidnetdirect.com/town-of-parker http://www.bidnetdirect.com/town-of-parker http://www.bidnetdirect.com/town-of-parker mailto:tgill@parkerco.gov

TOWN OF PARKER CONTRACTOR AGREEMENT COVER SHEET

Contractor Information Contractor Name Click or tap here to enter text.

Entity Type (corporation, LLC, etc.)

Click or tap here to enter text.

Contact Person Click or tap here to enter text.

Address (City/State/Zip) Click or tap here to enter text.

Phone Click or tap here to enter text.

Email Click or tap here to enter text.

Project Information Solicitation No. CIP23-027 Solicitation Date September 16, 2026 Brief Description of the Work The project consists of intersection improvements at

Parker Road and Hilltop Road. The scope of the work consists of but not limited to removal of concrete pavement (2,400 SY), unclassified excavation (1,600 CY), aggregate base course (1,300 CY), concrete pavement (3,500 SY). In addition, the associated traffic signal work, pavement markings, traffic and erosion control.

Completion Date August 6, 2027

Financial Information Contract Price Click or tap here to enter text.

Liquidated Damages (if applicable) $2,300 per day Bonds Required ☒Yes

☐No

Authorized Representatives (if known) Town Representative Tom Gill, Associate Project Manager Contractor Representative Click or tap here to enter text.

CONTRACTOR AGREEMENT

CIP NO. 23-027

THIS CONTRACTOR AGREEMENT (this “Contract”) is made this __________________, by and between the Town of Parker, Colorado, a Colorado home rule municipality (the “Town”) and the entity specified on the Cover Sheet (the “Contractor”).

RECITALS

A. The Town distributed a Request for Bids, as described on the Cover Sheet for the work described in the Bid Package (the “Project”). The bid documents and all addenda and attachments, including all plans and specifications shall be collectively referred to as the “Bid Package.”

B. The Contractor submitted the bid determined to be the most responsive and advantageous to the Town and the Contractor is capable and willing to perform the work in accordance with the terms and conditions of this Contract.

C. The Town has engaged the services of a professional (the “Engineer”) to prepare the plans and specifications for the completion of the Work and otherwise to determine that the Work has been completed in accordance with the plans.

AGREEMENT

NOW, THEREFORE, for and in consideration of the mutual covenants, agreements, conditions and undertakings hereinafter specified, the Town and Contractor agree as follows:

1. CONTRACT DOCUMENTS.

(a) Contract Documents. The “Contract Documents,” which comprise the entire agreement between the Town and Contractor, consist of:

☒ This Contract;

☒ The Cover Sheet;

☒ The Bid Package;

☒ The Contractor’s Bid Sheet dated September 16, 2026;

☐ The Contractor’s Proposal dated Click or tap here to enter text.;

☒ The Construction Plans for Project No. CIP23-027;

☒ The Special Provisions and Specifications for Project No. CIP23-027;

☒ Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, most recent version;

☒ Colorado Department of Transportation Standard Plans, most recent version;

☒ Town of Parker Roadway Design and Construction Criteria, most recent version;

☒ Town of Parker Storm Drainage and Environmental Criteria, most recent version;

☒ The Notice of Award;

☒ The Notice to Proceed;

☒ The Advertisement and Final Acceptance Form, attached hereto as Exhibit A;

☒ Bonds issued pursuant to this Contract, including the bid bond and performance and payment bond in the form provided in Exhibit B;

☒ The Town’s insurance requirements, attached hereto as Exhibit C;

☒ General conditions, Special Conditions, general specifications, special specifications, measurement, payment, and technical specifications and Drawings;

☒ Any modifications, Change Orders, or other such revisions properly authorized after the execution of this Contract.

The Contract Documents are incorporated by reference as though set forth in full herein, whether or not attached hereto, and shall form an integral part of this Contract. Any terms and conditions included in the documents provided by the Contractor, including any proposal, bid, or otherwise, are expressly rejected by the parties and shall not form a part of this Contract.

(b) Additional Contract Documents. The Contractor may be furnished additional instructions and detailed drawings by the Engineer as necessary to carry out the Work. All additional instructions and detailed drawings shall be issued to the Contractor only by the Engineer.

The additional drawings and instructions thus supplied are hereby expressly incorporated into the Contract Documents and the Contractor shall carry out the Work in accordance with such additional detailed drawings and instructions.

(c) Copies of Contract Documents. Three copies of the Contract Documents will be furnished to the Contractor without charge upon request, and any additional copies which the Contractor may request will be furnished at the cost of reproduction. The Contract Documents are to be used only in connection with the Work and, with the exception of the signed contract set, are to be returned at the completion of the Work or earlier termination of the Contract.

2. REVIEW AND INTERPRETATION.

(a) Conflicts Within the Contract Documents. If there is any conflict between this Contract and the other Contract Documents, this Contract shall control. In case of conflict between the Drawings and any 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 foregoing, a document which is more restrictive or requires greater responsibility or increased compliance by the Contractor shall govern.

(b) Discrepancies. The Contractor shall carefully study and compare the Contract Documents and shall at once report to the Engineer and the Town any error, inconsistency, or omission that may be discovered and shall obtain specific written instructions from the Engineer to resolve such discrepancies in the Contract Documents before proceeding with the Work.

Work done by the Contractor after its discovery of such discrepancies, inconsistencies, or ambiguities without resolution by the Engineer shall be done at the Contractor's risk. The Contractor shall perform no portion of the Work at any time without Contract Documents or, where required, approved Drawings, specifications, instructions, Shop Drawings, product data, or samples for such portion of the Work.

(c) Variance with the Law. If the Contractor or any of its subcontractors of any tier observes that any of the Contract Documents are at variance with applicable laws, statutes, building codes, ordinances, rules, or regulations in any respect, the Contractor shall promptly notify the Engineer and the Town in writing, and any necessary changes shall be accomplished by appropriate Change Order or other means of resolution. If the Contractor or any of its subcontractors of any tier perform any Work with knowledge or reason to know that it is contrary to applicable laws, statutes, building codes, ordinances, rules, or regulations, and does not notify the Engineer and the Town as required in this Paragraph, the Contractor shall assume full responsibility for such Work and shall bear all costs attributable to such Work.

(d) Implied Materials, Labor and Equipment. If labor, materials, or equipment, although not described by the Contract Documents, are required to successfully complete the Work and can reasonably be inferred by competent contractors by virtue of common knowledge or customary practice in the construction industry from the Contract Documents as being necessary to produce the intended result, the Contractor shall perform that work or provide the materials or equipment as if they were specified at no additional cost.

(e) Verification. The Contractor, before commencing the Work, shall verify all governing dimensions, and shall examine all adjoining work on which its Work is in any way dependent. No disclaimer of responsibility for defective or non-conforming adjoining work will be considered unless written notice of the same has been filed by the Contractor and agreed to in writing by the Engineer and the Town Representative before the Contractor begins any part of the affected Work.

3. DEFINITIONS. 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:

(a) Addenda – Written or graphic instruments issued prior to the execution of the Contract which modify or interpret the contract documents, Drawings and specifications, by additions, deletions, clarifications or corrections.

(b) Bidder – Any person, firm or corporation submitting a bid for the Work.

(c) Change Order – A written order to the 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. A Change Order may also be referred to as a “contract modification.”

(d) Code – The Town of Parker Municipal Code, as amended from time to time.

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

(f) Drawings – 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.

(g) Engineer – An individual who is responsible for the engineering supervision of the construction. The individual may be an employee, agent, or contractor of the Town of Parker.

(h) 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 Contractor during construction.

(i) Major Equipment or Major Equipment Items – Installation of major equipment to be furnished and placed under the Contract awarded to the 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 Contractor.

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

(k) Notice to Proceed – Written communication issued by the Town to the Contractor authorizing it to proceed with the Work and establishing the date of commencement and completion of the work.

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

(m) 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.

(n) 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.

(o) Subcontractor – An individual, firm or corporation having a direct contract with the Contractor or with any other subcontractor for the performance of a part of the Work at the Site.

(p) 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 purpose for which it is intended.

(q) 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.

4. AUTHORIZED REPRESENTATIVES.

(a) Authorized Representatives. The Town and the Contractor shall each designate in writing an authorized representative within fourteen (14) days of the Town’s issuance of the notice to proceed. The Town Representative shall also be the “Project Manager.” The Contractor Representative shall have the authority to speak on the Contractor’s behalf with respect to the Work and shall be present at the Work Site as necessary to assure the Contractor’s satisfactory performance. The Contractor Representative shall also be responsible for advising the Town Representative of the status of the Work, for assuring frequent and effective communication with the Town, and attending such meetings as may be required to coordinate with the Town. The Contractor Representative further shall take direction only from the Town Representative or his/her/their designee and to comply promptly and fully with the reasonable requests and directives issued by the Town Representative and the Engineer or his/her/their designee from time to time. The Contractor Representative shall be responsible to the Engineer concerning any changes in the scheduling of the Work and closures of public facilities required to complete the Work. The Town may change its representative at any time by notice to the Contractor. The Contractor shall not replace the Contractor Representative unless: (a) The Town requests a replacement; (b) the Contractor terminates the employment of the Contractor Representative and provides a satisfactory substitute; or (c) the Contractor proposes a satisfactory substitute Contractor Representative, which the Town accepts in writing. In the event the Town Representative is not satisfied with the management, supervision, or other performance of the Contractor Representative, the Town Representative may require that the Contractor designate another individual to serve as the Contractor Representative. The Town must approve a substitute Contractor Representative, and, if no substitute is acceptable, the Town may terminate this Contract.

(b) Deviations from Contract Documents. Failure of the Engineer or the Town’s on-Site representative to call to the attention of the Contractor any defective work or deviations from the Contract Documents shall not constitute acceptance of such work by the Town or relieve the Contractor of its obligation to perform the Work in strict accordance with the Contract Documents.

5. DESCRIPTION OF WORK.

(a) Scope of Work. Except as otherwise stated in the Contract, Contractor shall furnish all the labor, equipment, materials, power, transportation, temporary construction, and supervision necessary for or incidental to the complete and timely performance of everything described in or reasonably implied from the Contract Documents (the “Work”).

The Contractor shall be responsible for the Work, including supervision of the construction, until completion and Final Acceptance. The Contractor warrants that it is fully qualified to perform the Work in accordance with the professional standards of the industry and shall perform the Work in a first-class, workmanlike manner to the satisfaction of the Town and in strict accordance with the provisions of the Contract Documents.

(b) Knowledge of the Work. Before executing this Contract, the Contractor has become fully informed regarding the Work and any materials or equipment required, including the amount or quantity thereof. No adjustment or modification shall be allowed for any misunderstanding of the Work or of equipment or material requirements, or of the provisions contained in the Contract and in the other Contract Documents. The selection of materials and equipment for the Work shall be in accordance with the Contract

Documents and the laws of Colorado.

(c) Temporary Facilities. Unless otherwise provided in this Contract, the Contractor shall furnish and make available, at no cost to the Town, all temporary facilities, including all power needed for heating and protection of facilities and Work.

(d) Site Clean-Up.

i. On a daily basis, the Contractor shall maintain the work Site free from accumulation of waste materials or rubbish caused by performance of the Work and shall keep the Site, partially-finished structures, and materials stockpiles in a reasonable state or orderliness and cleanliness. The Contractor shall remove all rubbish, tools, construction equipment, machinery, and surplus material from the work Site. If the Contractor fails to maintain the work Site in an appropriate condition, the Town may, after notice to the Contractor, perform any necessary clean-up and charge the clean-up costs to the Contractor.

ii. Upon completion and before Final Acceptance of the Work, the Contractor shall, at its expense, remove from the work Site and property of the Town, all machinery, equipment, surplus or unused materials, rubbish, concrete forms and other like material, barricades, signs and temporary structures, and shall leave the premises in a condition which is satisfactory to the Town. In the event of the Contractor’s failure to do so, the same may be removed by the Town and the Contractor and its Surety or Sureties shall be liable for the cost thereof.

(e) Utilities. The Contractor shall fully comply with the provisions of Article 1.5 of Title 9 of the Colorado Revised Statutes including, but not limited to, providing notices to the notification association. Unless otherwise provided in the Contract Documents, the Contractor shall be responsible for communicating and coordinating with all utilities affected by the Work, as necessary. The Contractor shall cooperate with utilities and the Town as provided in the Contract Documents and as required by law. The Contractor shall be responsible for determining the exact location of the utilities that may interfere with construction of the Work by exploratory excavation sufficiently in advance of beginning construction in an area so that potential conflicts may be resolved. Relocation or repair of utilities encountered, even if not shown on the Contract Documents, shall be the responsibility of the Contractor. Neither the Town nor the Engineer shall be responsible to the Contractor for the existence of utilities not shown on the Drawings and the Contractor remains obligated under this subparagraph for all hidden utilities. The Contractor will consider in the Contract Price all of the utility appurtenances within the Project; and the Contractor shall not make a claim for delay or additional compensation due to any relocation operations by the utility(ies).

(f) Noise Abatement. At all times through the performance of this Contract, the Contractor shall be familiar with and comply with all local noise ordinances and construction working hours, as provided in Section 6.03.060 of the Code, in the performance of the Work. The Contractor shall not conduct the Work in excess of the permissible decibel levels provided by local noise ordinances. The Contractor shall provide the Town Representative with prior notice of any Work that may result in such excessive noise levels. The Town shall consider surrounding neighbors and Town customers in determining permissible time and conduct of any Work that may be in excess of local noise ordinances.

(g) Traffic Control. The Contractor shall, at all times, conduct the Work in such a manner as to cause the least inconvenience and greatest protection to the general public. The Contractor shall furnish and maintain all signs, barricades, lights, two-way radios, flaggers, and traffic control personnel as necessary to control traffic and provide for the safety of the public, in accordance with the Colorado Department of Transportation specifications/standards, current edition, the Manual on Uniform Traffic Control Devices, current edition, and the Federal Highway Administration. Additionally, the Contractor shall construct and adequately maintain suitable and safe crossings over trenches and such detours as are necessary to address public and private traffic affected by the Work. The cost of furnishing and maintaining the above facilities shall be incidental to the contract and no extra compensation for it will be allowed.

6. MATERIALS.

(a) Manufacturer List. In addition to the requirements for Major Equipment items previously given, within fourteen (14) days after execution of the Contract, the 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 Work, 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 Contractor shall advise the Engineer of the deviation and state the reason for it in writing.

(b) Statement of Origin. When requested by the Engineer, the 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 Contractor shall furnish materials from other sources.

(c) Storage Requirements. 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.

(d) Compliance with Manufacturer Requirements. Manufactured articles, materials, and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.

(e) Consistency with Samples Required. Materials, supplies, and equipment shall be in accordance with samples submitted by the Contractor and approved by the Engineer.

(f) No Chattel Mortgages or Security Interests. Materials, supplies or equipment to be incorporated into the Work shall not be purchased by the Contractor or any subcontractor subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller.

(g) Retainage of Materials. The Contractor shall retain, for the benefit of the Town, all materials and supplies that are purchased for the Work but are not used as a part of the Work. The Town may take any of the materials and supplies that are used in the Work for any Town purpose, provided that the Town provides appropriate compensation to the Contractor. Any materials and supplies not taken by the Town shall be removed from the

Project Site by the Contractor.

7. INSPECTION AND TESTING OF MATERIALS.

(a) Inspection and Testing Required. All materials and equipment used in the construction of the Project will be subject to inspection and testing in accordance with generally accepted standards. The Town will provide testing services required by the Contract Documents.

(b) Advance Notice by Contractor. The Contractor shall give sufficient advance notice of placing orders to permit tests to be completed before materials are incorporated in the Work.

(c) Work to be Performed per Contract Documents. Neither observations by the Engineer, tests nor approvals by persons other than the Engineer will relieve the Contractor from its obligations to perform the Work in accordance with the requirements of the Contract Documents.

(d) Inspection of Materials. 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 Contractor of responsibility for meeting all requirements of these Contract Documents.

(e) Inspection by Agencies. 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 Contractor shall provide proper facilities for such access to and observation of the Work and also for any inspection or testing thereof.

(f) Disputes. In case of disputes between the 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.

8. SHOP DRAWINGS.

(a) Submission of Shop Drawings. The Contractor shall submit Shop Drawings, samples and Operations and Maintenance (“O&M”) manuals 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 Contractor will be suspended. The Engineer will promptly review all Shop Drawings within fourteen (14) days of receipt and shall sign the Shop Drawings to indicate approval. All unsigned Shop Drawings will be null and void.

The Engineer's approval of any Shop Drawings will not release the Contractor from responsibility for deviations from the Contract Documents.

(b) Correction of Shop Drawings. The Contractor shall make any indicated corrections on the Shop Drawings returned by the Engineer and shall resubmit corrected drawings until final review and approval is obtained.

(c) Review Upon Receipt of Complete Equipment Package. 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) Shop Drawings for Structural Steel and Other Materials. The 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 the Contract Documents.

(e) No Claims for Damages or Extension of Time. The 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) Identifying Information. 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 Contractor.

(g) Certification by Contractor. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that it 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 Contractor thereby represents that it has determined and verified all field measurements, field construction criteria, materials, catalog numbers and similar data, or will do so, and that it has checked and coordinated each Shop Drawing and sample with the requirements of the Work and of the Contract Documents.

(h) Review Required. 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 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.

9. RECORDS, ACCOUNTS AND AUDITS.

(a) Records. The Contractor shall maintain complete and accurate records of expenditures made, time spent, and materials used for performance of the Work, together with any invoices, timecards, books of account on a recognized cost accounting basis satisfactory to the Engineer, or other supporting data reasonably requested.

(b) Documents on Site. The Contractor shall maintain on Site for the Town one (1) record copy of all Drawings, specifications, Addenda, Change Orders, and other modifications, in good order and marked currently to record all changes made during construction. The reference record Drawings will be reviewed periodically by the Town or the Engineer for acceptability. If, in the judgment of the Town, the Contractor fails or refuses to keep these documents current, the Contractor shall not be entitled to Progress Payments until it makes the necessary changes to the documents to make them current.

(c) Inspection of Records. The Contractor shall furnish the Engineer with such records, information and data as may be reasonable during performance of the Work. The Engineer shall at all reasonable times be afforded the opportunity to inspect and/or audit the books and records described in this Paragraph. All records, data, and documentation shall be retained by the Contractor for a period of not less than three (3) years after completion of the Work, and shall be subject to review, inspection, and copying by the Town upon reasonable notice.

10. ACCESS AND REVIEW.

(a) Access and Inspection. 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. The Contractor shall provide proper facilities for access to and inspection of the Work for the purpose of determining compliance with this Contract and the quality of workmanship and material.

The Town Representative or the Engineer may order that portions of the Work be uncovered, exposed, or made available for observation, inspection, or testing as more particularly set forth in the Paragraph titled Uncovering of Work. The Contractor shall provide all labor, tools, materials, equipment, and supplies necessary to comply with the request of the Town Representative or the Engineer. If any portion of the Work is determined to be defective, the Contractor shall bear all costs involved to bring the Work into compliance with the Contract Documents, including without limitation the cost to replace any materials, to re-perform, or to reconstruct as more particularly set forth in the Paragraph titled Correction of Work. The Contractor shall remove from the work Site all work or materials rejected by the Town for failure to comply with the Contract Documents whether incorporated into the Work or not at no additional cost to the Town.

(b) Authority of the Engineer. 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 the Work. The Contractor shall not suspend any portion of the Work nor resume suspended Work without the written authority of the Town. 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 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) Interpretation. 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

Work.

(d) Inspection Hours. The Contractor shall perform the Work during a regular 5-day, 40-hour work week, Monday through Friday. If the 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 Contractor at the rate specified by the Public Works Director, in accordance with the rates specified in a contract between the Town and the Engineer, for all review time required over the normal 5-day, 40-hour week. If the Engineer or their authorized representative is called to the job Site to address problems created by the Contractor, they will be paid by the Contractor at the same rate as for overtime review as stated above.

11. UNCOVERING OF WORK.

(a) Work Covered Contrary to Town’s Request. If any portion of the Work should be covered contrary to the request of the Town or contrary to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Town, be uncovered for its observation and shall be replaced at the Contractor’s expense.

(b) Work Not Requested to be Observed. 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 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 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 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.

12. SURVEYS, PERMITS, AND EASEMENTS.

(a) Surveys. The Contractor shall furnish all required surveying.

(b) Permits and Licenses. The Contractor shall secure and pay for all necessary permits, fees and licenses in connection with the performance of the 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 or waived by 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) Easements. The Town will provide rights-of-way and easements as shown on the Drawings for construction purposes. Any additional land actually needed by the Contractor for the performance of the Work, proper location of its plant and equipment, or the storage of materials and supplies for the Work, shall be furnished by the Contractor.

13. PROTECTION OF WORK, PROPERTY AND PERSONS.

(a) Safety Precautions. The Contractor shall be responsible for initiating and maintaining all safety precautions and programs in connection with the Work, including erecting and maintaining all necessary safeguards at the work Site. Neither the Town nor the Engineer will be responsible for Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto. The 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) Placement of Materials Off-Site. The 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 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) Emergency Situations. In emergencies affecting the safety of persons, the Work, or property at the Site or adjacent thereto, the Contractor, without special instruction or authorization from the Engineer, shall act to prevent threatened damage, injury or loss.

(d) Protection of Property. The Contractor shall be responsible for the preservation of all private and 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, mailboxes, 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 by reason of the Contractor’s operation on the property, the Contractor shall replace or restore such property to its pre-existing condition to the satisfaction of the Town at the Contractor’s sole expense, including costs that are incidental to such restoration work.

14. CONTRACTOR’S RESPONSIBILITY.

(a) Employees. The 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/herself/themself 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 Contractor's employees, contractors, or agents.

(b) Tools. Specialty tools furnished with any equipment used for erection purposes 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 Contractor shall replace the tool or tools at no extra cost to the Town.

15. TOWN’S RIGHT TO CARRY OUT THE WORK. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within three (3) days after receipt of written notice from the Town to commence and continue correction of such default or neglect with diligence and promptness, the Town may, without prejudice to any other remedy it may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due to Contractor, the cost of correcting such deficiencies, including compensation for any additional services or work made necessary by such default, neglect, or failure. If payments then or thereafter due to Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Town.

16. CORRECTION OF WORK.

(a) Correction of Documents. The Contractor shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, plans, reports, Drawings, and any other services rendered by the Contractor; and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies which may occur.

(b) Correction of Defective Work. The Contractor shall promptly correct all Work rejected by the Town as defective or as failing to conform to the Contract Documents observed before Final Acceptance and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the Town’s additional services made necessary thereby. This obligation shall survive termination of the Contract. The Town shall give such notice promptly after discovery of the condition.

(c) Removal of Defective Work. The Contractor shall remove from the Site all portions of the Work which are defective or non-conforming and which have not been corrected, unless the Town waives removal.

(d) Failure to Correct Defective Work. If the Contractor fails to correct defective or non-conforming Work, the Town may correct it in accordance with the Paragraph titled Town’s Right to Carry Out the Work.

(e) Town’s Right to Remove and/or Replace Defective Work. If the Contractor does not proceed with the correction of such defective or non-conforming Work within a reasonable time fixed by written notice from the Town, the Town may remove it, replace it with conforming Work, and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal, replacement, and storage within fourteen (14) days thereafter, the Town, upon fourteen (14) additional days’ written notice, may sell such non-conforming Work, including the materials and other components of such Work, at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Town’s additional services made necessary thereby. If such proceeds of sale do not cover all costs that the Contractor should have borne, the difference shall be charged to the Contractor, and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Town.

(f) Contractor to Bear Mitigation Costs. The Contractor shall bear the cost of making good all work of the Town or separate contractors destroyed or damaged by such correction or removal and replacement, unless in the Town’s sole discretion, the Town agrees to a percentage deduction of the total Contract payment, in lieu of said correction or removal of Work.

17. CHANGES IN THE WORK.

(a) Change Orders. The Town Representative, by written instructions issued to the Contractor, may extend the Start Date or the Completion Date or make such changes to the Contract Documents as may be necessary to accomplish the purposes intended to be provided under this Contract, including an increase in the Contract Price. 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) Field Orders. The Engineer also may, at any time, by issuing a Field Order, make changes in the details of the Work. The Contractor shall proceed with the performance of any changes in the Work so ordered by the Engineer, unless the Contractor believes that such Field Order entitles it to a change in Contract Price or Contract Time, or both, in which event the Contractor shall give the Engineer written notice thereof within ten (10) days after the receipt of the ordered change, and the Contractor shall not execute such changes pending the receipt of an executed Change Order or further instruction from the Town.

(c) Amendments. All other changes to this Contract must be made by contract amendments, which must be in writing and approved by the duly authorized representatives of each party.

The Contractor shall not commence any changed or increased work prior to receipt of a duly executed Change Order, Field Order, or contract amendment unless directed by the Town as provided herein. Except as provided below, the Town shall have no duty or obligation whatsoever to compensate or to reimburse the Contractor for additional work not specifically authorized as provided herein. In the event (i) the Town requires additional compensable work to be performed by the Contractor prior to the execution or other finalization of a Change Order or contract amendment, and (ii) the Contractor has submitted to the Town an estimate of the cost for the additional compensable work, then the Town shall reimburse the Contractor for the costs associated with such additional work on a periodic basis in accordance with the terms of this Contract.

18. PERIOD OF PERFORMANCE.

(a) Notice to Proceed. Within fourteen (14) calendar days of receipt of the fully-executed Notice of Award, the Contractor shall provide the Town acceptable bonds (if applicable) and certificates of insurance. The Town shall issue a Notice to Proceed upon the Town’s approval of the bonds (if applicable), insurance and full execution of the Contract.