HomeMy WebLinkAbout730924.tiff CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR CONSTRUCTION OF
BRIDGE AND ROAD REPAIRS IN
BOX ELDER CREEK AREA
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NELSON, HALEY, PATTERSON & QUIRK, INC.
ENVIRONMENTAL
730924
CONSULTANTS •
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, ;; CERTIFICATE OF INSURANCE
'I This is to certify that the policies listed in this Certificate have hen issued to the N,^,,ed Insured by the Company designated
't below. This Certificate does not amend, extend or otherwise alter the terms conditions or exclusions of such policies. r Ij
Issued To (Name and Address) '3j
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Weld County Courthouse i- �
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[ l Named Insured and Address: Mountain Aggregates, Inc.
_', P. Oa Box 10, Platteville, Colorado
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F ;I Limits of Liability y
I Policy Number Policy Term Type of Insurance
�,..,. Bodily Injury Property Damage
I :'IO—PT 32522 5/1/73-74 Workmen's Compensation Statutory
�Ft:v.1 $ ,000 Each Person
I;;` Employers' Liabilit - "'1"
irrY $ ,000 Each Accident
11..11 $ ,000 Medical-Each Person `'
Comprehensive Automobile $ SOO .000 Each Person 4;
:; 1CC 601104 4/1/73-74 Liability $ 500 ,000 Each Occurrence $ 250 ,000 ''
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•€ : Comprehensive General $ 500 .000 Each Occurrence $ 250 ,000 1;:.?.,,}
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[ 1CC 601104 4/1/73-74 0 Liability Aggregate erations $ 250 000 mi
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` l Aggregate Protective $ 250,000 f
Including Blanket
Contractual Liability. SOO Aggregate Completed 25O -'I
,;� $ ,000 Operations and Products $ 000 ,i'11-!]
'114
Manufacturers' and $ ,000 Each Occurrence $ 000 ' I
�_1 Contractors' Liability Aggregate $ ,000 li;.`-ir:
Owners', Landlords' and $ ,000 Each Occurrence $ 000 I`
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Tenants' Liability Aggregate r� r
$ 000 )
l� Completed Operations and $ ,000 Each Occurrence $ 000 `-
'6,1,I Products Liability $ ,000 Aggregate $ 000 I1 _il
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Contractual Liability $ ,000 Each Occurrence $ 000 Vii
Aggregate $ ,000 III
CEP 34553 4/1/73-74 Comprehensive Excess $ 1rOQQ ,000 Each Occurrence come^ury Personal
i Y $ 1,000 ,000 Aggregate Property Damage
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frisill Description and location of operations and automobiles covered: • >�I
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:! kConstruction of Bridge and Road Repairs in Box Elder Creek Area f
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" i, The Company designated below will make every effort to notify the holder of this Certificate of any material change in or cancellation of these policies , yi
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l 'I ❑X UNITED STATES FIDELITY AND GUARANTY COMPANY I
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`'' FLOOD & PETERSON, INC , t
❑ FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. <!
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Cate ArrgvGt 3, 1973 ,
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CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR CONSTRUCTION OF
BRIDGE AND ROAD REPAIRS IN
BOX ELDER CREEK AREA
Project No. 73 1 LDV 0233
• July, 1973
OEP DESIGNATIONS
5-33 to 5-36 and
5-41 to 5-44
NELSON, HALEY, PATTERSCN and QUIRK, INC.
Engineering Consultants
Greeley, Colorado
TABLE OF CONTENTS
Title Section
Contract Documents Section 1
Special Provisions Section 2
General Conditions Section 3
Official Weld County Construction Standards Section 4
Riprap Section 5
Corrugated Metal Pipe Section 6
Location Map Section 7
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C
SECTION 1
CONTRACT DOCUMENTS
(Index)
ADVERTISEMENT FOR BIDS
CONTRACTOR'S PROPOSAL
CONTRACT
PERFORMANCE, PAYMENT, AND MAINTENANCE BOND
of .. :: .. .. .. ., * .. .. * .. .. * .. .. ..
MELD COUNTY COLORADO
ACCOUNTING DEPARTMENT
8 1 D {ZEoUEST
No. • DATE: July 5, 1973
I. NOTICE TO BIDDERS
SEALED SIDS WILL DE RECEIVED AT THE OFFICE OF THC CHIEF ACCOUNTING OFFICER, MELD COUNTY COURTHOUSE
GRr£I_EY, COLORADO, UNTIL 1:30 P.M. , Monday, July 16, 1973
construction services FOR FURtiISHIN
OF :GELD COUNTY FOR THE FOLLOWING MERCHANDISE OR EQUIPMENT
Office of Emergency Preparedness Item Nos. 5-33 to 5-36 and 5-41 to 5-44 for Weld County bridge
and road repairs, quantities as follows: 18,220 cubic yards of embankment; 5,460 tons gravel
surfacing; 40 cubic yards riprap; 118 lineal. feet 24 inch corrugated metal pipe; 240 lineal feet
48 inch corrugated metal pipe; road shaping amounting to approximately $300; miscellaneous bridg
repair amounting to approximately $1,500.
II. INVITATION TO BID
SEALED BIDS, SUBJECT To THE CONDITIONS AS SHOWN HEREIN, ARE REQUESTED ON THE FOLLOWING LtST OI
ARTICLES 03 SERVICES WITH DELIVERY TO Box Elder Creek Area, Weld County, Colorado THE DESTINATION
ANO TO INCLUDE ANN CHARGES FOR FREIGHT, DELIVERY, CONTAiNF.RS, PACKAGING, ETC.
xOXXM 'xX X3XX34 XXXX,y�y� VIXWXgl {4{ Plans and Specifications area ailablee at��off e I
of Nelson, Haley, Patterson and Quirk, Inc. , 2021 Clubhouse Drive, Greeley, Colorado.
11. INSTRUCTIONS- TO BIDDERS
1. • PROPOSALS SHALL EE TYPEWRITTEN OR WRITTEN IN ivn ON THE FORM PREPARED BY THE COUNTY. OFFICIALS OF CORP-
°NATIONS SHALL DESIGNATE THEIR OFFICIAL TITLE; PARTNERS OR SOLE OWNERS SHALL SO STATE, GIVING THE NAHE!
OF ALL INTERESTED PARTIES. ALL CORRECTIONS OR ERASURES SHALL BE INITIALED BY THE PERSON SIGNING THE BID.
2. A BIDDER SHALL NOT STIPULATE IN HIS PROPOSAL ANY CONDITIONS NOT CONTAINEO IN THE
SPECIFICALLY RE.QUEST£D IN THE SPECIAL INSTRUCTIONS. SPECIFICATIONS 5
ANY PROPOSAL WHICH FAILS TO COMPLY WITH THE LITERAL
LETTER OF THESE INSTRUCTIONS AND THE SPECIFICATIONS MAY E£ REJECTED FORTHWITH.
3. ti1H'EN APPROXIMATE QUANTITIES ARE STATED, THE COUNTY RESERVES THE RIGHT TJ INCREASE OR DECREASE T:::: QUANTITY
AS E£5T FITS 1 i S NEEDS.
4. WHENEVER REQUESTED, SAMPLES OR DESCRIPTIVE MATTER SHALL RE FILED PRIOR TO THE OPENING OF BIDS.
•
J. IN SUBMITTING THE PROPOSAL, THE VENDOR AGREES THAT ACCEPTANCE OF ANY OR ALL BIDS BY THE COUNTY wiTHIN A
REASONABLE TIME OR PERIOD CONSTITUTES A CONTRACT. No DELtVERY SHALL BEGONE DUE OR DE ACCEPTED. UNLESS A
PUrCHASE ORDER SHALL FIRST DAVE BEEN ISSUED By THE CHIEF ACCOUNTING OFFICER OF WELD COUNTY. 1T IS UNDER-
.
STOOD THAT IT IS NECESSARY FO. ALL INVOICES TO SE MADE OUT TO WELD COUNTY, COLORADO, NOT TO THE DEPART-
MENT SECURING THE MERCNANDISC.
6. IT IS uNDERSTOOD THAT THE BOARD OF COUNTY COY.` ISSIONERS OF 'GELD COUNTY RESERVES THE RIGHT TO REJECT ANY
On ALL D!DS, TO kA1VE ANY INFORMALITIES IN BIDS, AND TO ACCEPT THE BID THAT, 1N THE OPINION OF THE SOARD,
IS TO THE BEST INTERESTS OF THE COARD AND OF THE COUNTY CF ;ELD, STATE OF COLORADO.
7. Ot scnuN rs w 1 LL BE c I GGI'.40 FnOM THE DATE OF DEL I V Ei.Y AND ACCEPTANCE OF THE ARTICLES, OR IN THE CASE OF !N-
COiF. CT INVOICE, FROM THQ DATE OF RCCE1PT OF CORRECTED INVOICE, IF THIS B£ SUBSEQUENT TO DELIVERY AND AC-
CEPTAt:CF_.
8. lr DETERMINING THE LOWEST RESPONSIBLE BID, THE COUNTY WILL CONSIDER ALL ACCEPTABLE BIDS ON A'BASIS OF THE
NET PRICE TO OE rAt0 AFTER D UUCTIOC OF THE DISCOUNT SPECIFIED BY THE BIDS.
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94 Tr: sU^.CESSFUL EIn^E7 S:lAL L It!r•=;1-:'iITY AND ; VK };A _L.-SS ::•`-LD COUNTY AGAINST ALL CLAIMS FOR ROYALTIES, FOR
OR SUIT ro 1I:r':{;;,(_;:i:::T THEI,_1N wHicH MAY 3E INVOLVED IN THE MANUFACTURE OR USE OF THE !.MATERIAL
TO BE FURNISHED.
10. ALL GOODS SHALL KZ;). ,IN 71ir F;tOPERTY 0=' THE ELLL!'•UNTIL DELI\'CRED TO SI:D ACCEPTED BY THE COUNTY.
w
1'. THEsE INSTRUCTIONS, THE PROPOSAL^.d AND SPECIF iCATTO NS HAvE BEEN sp.E .PED MITH THE HOPE OF RAISING THE
STA%0ARJ OF PURCHASE NEGOTIATIONS TO A SATISFACTORY PLAN` SO THAT ALL TRANSACTIONS MILL BE MUTUALLY SAT—
ISFACTORY TO ALL CONCERNED. YOURCC COOPERATION
1f IS (INVITED.
�NV I+TIED. AND
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GENERAL SPEC I F 1 CAT T NS, CC11O I T I NG6 AND I NFOR1'ia11 I CN
SHE E JiRmENT .iNALL OE MANUFACTURE.. EQUIPMENT c c 4� ' r �'S LATEST NdC)CSL OF FPOD<1C710N. THE K.aU 1 pME'1T SHALL 8_ O. SUPER-,
IOR QUALIlY AND SUITABLE TO TPE USE FOR WHICH IT iS INTENDED. THE TECHNICAL DESIGN SHALL BE IN LINE
WITH THE BEST PRACTICE: IN THE INDUSTRY ARO THE MATERIALS AND WORKMANSHIP ENTERING INTO THE COHSTRUCw
TOON SHALL BE CF THE KINDS AND QUALITIES WHICH WILL INSURE LONG LIFE, DEPENDABILITY AND LOW COSTS OF
MAINTAIfikG AND REPAIRING,
STANDARD: WHEN THE MORO °STANDARD" IS USED 1N THIS SPECIFICATION TO DESCRIBE AN ITEM OF EQUIPMENT OR AN
ASSEmEllY, IT SNA_L BE CO'ISTRUED TO ?JEAN THAT THE ITEM OR ASSEMBLY SO DESCRIBED SHALL 8E THE LATEST
REGULAR CURRENT PRODUCT OF THE MANUFACTURER THEREOF, ICENTIFIED BY A MODEL OR OTHER DESIGNATION,
WITHOUT THE MODIFICATION OR. OMISSION OF ANY OF ITS USUAL PARTS-OR THE SUBSTITUTION OF OT}SLRS THERE—
FOR, EXCEPT AS HEREAFTER SPECIFIED, DETAILS, CAPACITIES AND rRATINGs, CONFORMING IN EVERY RESPECT TO
THE SAID MANuFACTURERNS CATALOGUE OR OTHER PRINTED MATTER DESCRI8iNG THE ITEM OR ASSEMBLY. STANDAR°
SO B—ASSE.'�+' 2L l ES, ACCESSORIES, FITTINGS, AND FINISHES SHALL 8£ CONSTRUED TO BE THOSE WHICH ARE REGU-
LARLY FURH i SHEO AS A PART OF Tr:£ PRINCIPAL UNIT CR ASSEMBLY AND INCLUDED Iii THE SELLING NG PR4E THEREOF.
E?UTA2LE MAN rACTU R_R CEFINED:
A MANUFACTURER wHO HAS BEEN ENGAGED IN THE BUSINESS OF FABRICATING THE. ECU I PmENT SPECIFIED foR A REASON—
A$I_E PERIOD CF TIME PRIOR TO THE DATE SET FOR OPENING OF BIDS, AND MHO CAN DEmONSTRATE TO THE SATISFACTION
OF THE COUNTY THAT SA 17 mANUFACTUiRER HAS SUCCESSFULLY I YSTALL£D EQU 1 pMEN`iT OF THE TYPE PROPOSED TO $E FUR-
NISHED IN A7 LEAST THP.£F_ INSTANCES AND THE PERFOnmAUCE OF SUCH EQUIPMENT HAS BEEN SATISFACTORY. MANUFAC—
TURERS WHO HAVE SEEN ENGAGED IN THE BUSINESS OF MANUFACTURING SAID EQU1PNENT FCR A PERIODCF METE,* PRIOR
TO THE DATE FIXED FOR OPENING SIDS SHALL, P'l1MA FACIE, B£ DEEMED TO HAVE BEEN ENGAGED 1N SUCH BUSINESS FOR
A REASONABLE LENGTH OF TIME.
t? ClAI:=Ln CEF tNED
THS SPECIFIC EQUIPMENT MENTIONED SSAT_L 2E UNDERSTOOD AS liDICATINO THE TYPE, F,jNCTION, MINIMUM STANDARD
Or L=5iGN, EFFICIENCY, AT=D QUALITY CESIR D AN3 SHALL NOT SE CONSTRUED IN SUCH A MANNER AS TO EXCLUDE HAN—
UFACTURER'S EQU!PMENT Or: COMPARABLE QUALITY, DESIGN Ana EFF i C 1 e CY.
HE—C*LIVERY SERVICE:
OFFICE EQUIPMENT IS TO 9E DEL!VEREO, AS DIRECTED, UNPACKSD, ASsemBLE'D, CLEANED Ana ADJUSTED FOR IIVEDIATE
USE AT A LCCA:IOAI OES IGNATED BY THE CHIEF ACCOUNTING OFFICER. MOTOR VEHICLES ANO OTHER ITEMS CF
MENT SHALL BE READY FCR IMMEDIATE USE AT THE TIME OF DELIVERY TO A DESIGNATED LOCATION. THE EQV O= Eg T
SHALL BE CLEAN AND ALL INSTRumENTS PROPEPLY ADJUSTED, CHECK INFLATION OF TIRES, COMPLETE LUBRICA-;ON,
CHEC: CRANKCASE FOR PROPER OIL :.EVEL ANri ANY OTHER SERVIC1!41 RORmALLY PRDVID£C BY DEALERS. PROPER STATE
IW;PECTIDN SEAL SHALL BE PRO'/IDED.
OFT.RAt!NS A is ALAINTENANce MANuAL5 SHALL 8E PROVIDED AT THE TimE OF DELIVERY. 'ARTS AND PRICE LISTS ,ALL
SE INCLUDED IN SPECIAL EQUIPMENT CR NN£?I nEQUE.STEO BY THE COUNTY.
:C1MWt ECr ME JT AND DELIVERY SCHEDULE OF INITIAL ORC£R:
TfmE 1S OF THE EssviC£. A DELIVERY SCHECUL£ OF NOT MORE THAN 40 ,:AL'ENDAR DAYS AFTFT ".:CEIPT
OF THE ORDER SHALL EC DEEMED P.EASOHAaL E AND SERVE THE BEST INTERESTS CF THE CO•:NITY. PROPOSALS EXr_EDING
T►'IS SCHEDULE WILL D= r_JECTED. DELIVERY WILL SE MADE ON OR E=FORE August 31 , Ig 73 .
'AE SUCCESSFUL BIDDER SMALL ACKNOWLEOG= THE RECEIPT OF THE ORDER AND CERTIFY TIE %DELI VERY SCHEDULE.
G'IOorzP•S SHALL sue-HI=' W;TH THEIR ,^:ID`'. THE FOLLOUING II;FCPmATION .5RTAiNING TO TH: EQUIPMENT UPON 4Me.:'u BIDS
APE SUBMITTED.
(A) DETAILED EQUIPMENT SPECIFICATIONS TO II:CLL'DE THE WARPANTY.
(O) DESCRIPTIVE LITc0.ATJ°£
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CONTRACTOR'S PROPOSAL
BRIDGE AND ROAD REPAIRS IN
BOX ELDER CREEK AREA
Board of Weld County Commissioners
Weld County, Colorado
Gentlemen:
The undersigned, having familiarized himself/themselves with the local
conditions affecting the cost of the work and with the Contract Documents,
including the Form of Proposal, Form of Contract, Form of Performance Bond,
General Conditions, Special Conditions , etc. , hereby proposes to furnish
all of the labor, materials , necessary tools , expendable equipment, and all
utility and transportation services necessary to perform and complete in a
workmanlike manner all of the work required in connection with the construction
of County bridge and road repairs to be constructed in the Box Elder Creek area
of Weld County, Colorado, all in accordance with the plans and specifications
attached, including Addenda Nos. and , issued thereto, for the
sums set forth in the following Bidding Schedule; it being understood that each
of the items is to be constructed complete in place and ready for use, includ-
ing all labor, materials, and expendable equipment of every kind and nature
necessary to construct, install, and perform the same, and that each item shall
be constructed in all aspects so as to accomplish the purposes for which the
same was intended by the said plans and specifications :
P. - 1
teN
TOTAL BASE BID
OFFICE OF EMERGENCY PREPAREDNESS ITEM NOS. 5-33 to 5-36 and 5-41 to 5-44
Item Description Quantity Unit Unit Cost Total Cost
1. Embankment 18,220 C.Y. $ /, 95 $ 3/Djed5, 6c
2. Gravel Surfacing 5,460 EF $ �. �? $ /7 734,'5
LF 3. 24" Corrugated Metal Pipe 118 '�S $ /� oo $ l /7o mo
L.F
4. 48" Corrugated Metal Pipe 240 . $ ao $ /(gip Oo
5. Riprap 40 C.Y. $ gyp. 4� $ crDO. 4?
6. Road Shaping 1 L.S. $ /eve $ / 6,Oe el
7. Miscellaneous Bridge Repair 1 L.S. $.2 5DD.o° $ -?,6"oe_ce
TOTAL BASE BID
/�/ �,_ �r ���/ // / •"_.-7,50/ ..71//.44:9
$� 9/0 00
CA/ -nine 7/�ocu x!�/ /!/ine ALIT Ica l TP// Grp /7D/OD Dollars
SEE ATTACHED COUNTY OF WELD REQUEST FOR QUOTATION AND FILL IT IN FOR
SUBMITTAL WITH THIS CONTRACT.
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P. - 2 •
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The total base bid, including any of the selected deductions and/or alternates
shall be the basis for establishing the amount of the performance bond on
this Contract. The total base bid is based on the quantities shown in the
Proposal Form and on the dimensions shown on the plans where specific quan-
tities are not itemized, and is subject to additions or reductions according
to the actual construction quantities and measurements of the finished con-
struction as determined by the Engineer upon completion of construction.
The undersigned has carefully checked the above shown bid quantities against
the plans and specifications before preparing this Proposal and accepts the
said quantities as substantially correct, both as to classification and
amount, and as correctly listing the complete work to be done in accordance
with the plans and specifications.
If awarded this Contract, the undersigned agrees to enter into a contract
within five (5) days and to complete the work to the satisfaction of the
Owner within (40) d s after notification in writing to start work.
5rx �p) Oa��ndarma_
In submitting this bid, it is understood that the right is reserved by the
Owner to reject any and all bids and to waive any informalities in the
bidding.
Date: FIRM NAME:
Official Address: !'
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o•u:n,/.Gi rLn . �'r� � Title: ( l re_42ei.-.,A
P. - 3
CONTRACT
THIS CONTRACT, made and entered into this - g�day of �,� ,
A.D., 1973, by and between Weld County, Colorado, and under the laws of the
State of Colorado, Party of the First Part,-hereinafter called the "Owner",
and the ����� /� �Z ! I /2160 . s Party of the
Second Part, hereinafter called the "Contractor".
WITNESSETH:
That for and in consideration of the payments, covenants, and agree-
ments stated herein, the Contractor and Owner agree as follows:
1. The Contractor shall perform everything required to be performed
and shall provide and furnish all of the labor, materials, necessary tools,
expendable equipment, and all utility and transportation services required
to perform and complete in a workmanlike manner all the work required in
connection with the construction of Weld County Bridge and Road Repair improve-
ments for the Owner, all in strict accordance with the plans and specifications,
including any and all addenda, prepared by Nelson, Haley, Patterson and Quirk,
Inc. , Engineering Consultants, Greeley, Colorado, acting for the Owner and in
these Contract Documents referred to as the Engineer, which plans and specifications
are made a part of this Contract; and in strict compliance with the Contractor's
Proposal and the other contract documents herein mentioned which are a part
of this Contract, and the Contractor shall do everything required by this
Contract and the other documents constituting a part thereof.
2. Payments are to be made to the Contractor in accordance with
and subject to the provisions embodied in the documents made a part of this
Contract.
3. Work under this Contract shall commence immediately after
a written notice from the Owner to the Contractor who shall diligently
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prosecute and complete all work under this Contract ready for use in accord-
ance with the time of completion described in the Proposal Form.
4. This Contract consists of the following component parts, all
of which are as fully a part of this Contract as if herein set out verbatim,
or, if not attached, as if hereto attached.
Proposal
Contract (This Instrument)
Performance Bond
Special Provisions
General Conditions
Technical Specifications, including all Addenda (Nos, to
inclusive) ----
Location Map
Shop and Working Drawings submitted by Contractor and approved
by Engineer.
5. The Contractor shall give preference in employment of Colorado
labor and the purchase of Colorado materials as provided by Colorado Revised
Statutes, 1963, as amended.
6. It is agreed by the parties to this Contract that this Contract
shall be executed in five copies, one copy being retained by the Contractor,
two to be delivered to the Owner, one to the Engineer, and one to the Con-
tractor's Surety.
IN WITNESS WHEREOF, the parties have caused this instrument to be
executed the day and year first above written.
WELD COUNTY, COLORADO j G
-w
ntract
By.
Glenn K. Billin
Title: /.
6Z ����s "�/��/—l_�C f Attest -� % ,
y Mo (SEAL)
Title: to • Al
Ha ry Ashley
ATTEST:
(SEAL)
Ann pourer
Deploy County rkgk-
n /—%,
PERFORMANCE, PAYMENT, AND MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
. That we, the undersigned, �J46,n;L,.t C a �41 � c".
, as Principal, $E!d
a Corporation, organized and existing,
under and by vi e of the aws f t State of Co �'� }�
and duly authorized to transact business in the State of QC
and Surety, are held and firmly bound unto �P ('r ,, �0
� � [ J n in- the penal/ sum of
m n-e �1ctbsani �r.,r2s MUnLLuce 6�z �s ici 2) [La (l2-n//G7
Do ' s ($59 9/0 �oo ), lawful money of the United States. of America,
for the payment of which, well and.truly to be made the said Principal and .
the said Surety do hereby bind ourselves, •our heirs, executors, administrators,
successors-, and assigns, jointly and severally, firmly by these presents, as
follows:
The condition of the above obligation is such that; whereas, the
said Principal has entered into a written contract with
fuce.coe a (1J � a_ci, for the construction of
the work designated � (z�, � ��oP ,ecr,�,�) � Q(y J
�cdA �Q ,
located at eere se (l,u , in the State of
Ciffruaoto Y, in conformity with the drawings, plans,
General Conditions, and specifications prepared by Nelson, Haley, Patterson,
and Quirk, Inc. , Engineering Consultants of Greeley and Grand Junction,
Colorado, which contract, drawings, plans, General Conditions, and specifica-
t tions are hereby referred to and made a part hereof, the same to all intents
and purposes as if written at length herein, in which contract the said
Principal has contracted to perform the work specified in said contract in
accordance with the terms thereof;
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT
if the above bonded Principal shall well, truly, and faithfully perform said
contract and any alterations in and additions thereto and comply with all of
the terms and provisions thereof, and satisfy all claims and demands incurred
by the Principal in the performance of said contract, and shall fully indemnify
and save harmless the (l eoeI e-,p,zQcea
from all damages, claims, d'eminds, expense, and charge
of every kind (including claims of patent infringement) arising from any act,
omission, or neglect of said Principal, his agents, or employees with relation
to said work; paand shall full reimburse qand repay to the
(JeicQ �sQxvraar'> all costs, damages, and expenses
which they may incur in maki g good any default by the Principal, including any
default based upon the failure of the Principal to fulfill his obligation to
furnish maintenance, repairs, or replacements for the full guarantee period
provided in the specifications contained herein and in compliance with Chapter
86, Article 7, Colorado Revised Statutes of 1963, as revised, a condition of
this bond shall be that the Contractor shall at all times promptly make pay-
ments of all amounts lawfully due to all persons supplying or furnishing him
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or his subcontractors .._,h labor and materials used or r_rformed in the
prosecution of work provided for in the above contract and that the undersigned
will indrsmnfy and save harmless the Owner for the extent of any and all
payments in connection with the carrying out of such contract, then this
obligation shall be null and void, otherwise, it shall remain in full force
and effect.
PROVIDED, F'JRTHEP., that the Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration, or
addition to the terms of the contract or to the work to be performed there-
'
under, or the specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice of any such
change, extension of time, alteration, or addition to the terms of the
contract, or to the work, or to the specifications_
IN WITRIE S W REOF said Principal and Surety have set their hands
and seals at , this - c.2 cm or • day
of y w , A.D. 19 7.3
0
.---)
Principal (Contractor)
By: eAvt;4 (SEAL)
Tye AcrivA C,9suAL7y 4,vn 5URFry COMPANY
Surety
Attest: A Horn ey -in-{aef (SEAL)
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IL6,1 Th .iNA CASUALTY AND SURETY COMPANY
Hartford, Connecticut 06115
LIFE&CASUALTY
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT
KNOW ALL MEN BY THESE PRESENTS, THAT THE /ETNA CASUALTY AND SURETY COMPANY, a corporation duly organized under the laws of the
State of Connecticut. and haverg its principal office in the City of Hartford. County of Hartford, State of Connecticut, hath made, constituted
and appointed, and does by these presents make, constitute and appouit Barney Flood, B. D. Peterson, William C.
Bensler or Karen Stone - -
of Greeley, Colorado , its true and lawful Attorneys-in-Fact, with full power and authority hereby conferred
to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated
, the following instrument l sr:
by his sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a hone,
recognizance. or conditional undertaking, and any and all consents incident thereto in connection with bids or proposals
and construction contracts -
and to bind THE /ETNA CASUALTY AND SURETY COMPANY, thereby as fully and to the same extent as if the same were signed by the duly
authorized officers of THE /ETNA CASUALTY AND SURETY COMPANY, and all the acts of said Attorneys-in-Fact, pursuant to the authority herein
given, are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Company which Resolutions are now in full force
and effect:
VOTED: That each of the following officers: Chairman, President, Any Executive Vice President, Any Senior Vice President, Any Vice President,
Any Assistant Vice President, Any Secretary, may from time to time appoint Resident Vice Presidents, Resident Assistant Secretaries,Attorneys-
in-Fact, and Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate of authority may
prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings
obbgatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors may at any time
remove any such appointee and revoke the power and authority given him.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional under-
taking shall be valid and binding upon the Company when la) signed by the Chairman, the President or a Vice President or by a Resident Vice
President, pursuant to the power prescribed in the certificate of authority of such Resident Vice President, and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary or by a Resident Assistant Secretary, pursuant to the power prescribed in the certificate
of authority of such Resident Assistant Secretary'. or de duly executed (under seal, if required) by one or more Attorneys-en-Fact pursuant to
the power prescribed in his or their certificate or certificates of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Rest,lutio
voted by the Board of Directors of THE /ETNA CASUALTY AND SURETY COMPANY which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: Chairman, President, Any Executive Vice President, Any Senior Vire President,
Any Vice President, Any Assistant Vice Pres lent, Any Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney
or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only
of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or cer-
tificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and cer-
tified by such facsimile signature and facsimile seal shall be valid and rending upon the Company in the future with respect to any bond or
undertaking to which it is attached.
IN WITNESS WHEREOF, THE ATNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its
Secretary , and its corporate seal to be hereto affixed this 1st day of February . 1973
419.. THE ,ETNA CASUALTY AND SURETY COMPANY
▪ gore..•
• a..
!�
By • /
State of Connecticut )
ss. Hartford Secret
County of Hartford
On this 1St day of February . 19 73 , before me personally came R. T. RIPPE ,
to me known, who, being by me duly sworn, did depose and say: that he is Secretary of
THE (ETNA CASUALTY AND SURETY COMPANY, the corporation described in and which executed the above instrument: that he knows the seal
of said corporation; that the seal affixed to the said instrument is such corporate seal; and that he executed the said instrument on behalf of the
corporation by authority of his office under the Standing Resolutions thereof.
✓ i"'^
A
ar�orlgy.. /
• r ) ilf;/l2r2/.10t./
(�+rt• oe�w
Notary Public
,,,.✓ my [(scre h,. e expire. Mpn 3e
CERTIFICATE
i, the undersigned, Secretary of THE (ETNA CASUALTY AND SURETY COMPANY, a stock corporation of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force
and has not been revoked; and furthermore, that the Standing Resolutions of the Board of Directors, as set forth in the Certificate of Authority.
are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 2nd day of
August 19 73. �J/��y/ A ii_dt1.40 By
V Secretary
,son_, t .M ,. /I
P INifD IN U.S.A.
•
SECTION 2
SPECIAL PROVISIONS
(Index)
Paragraph • Title Page
A General S. P. - 1
B Schedule Descriptions S. P. - 1
C Construction Operations S. P. - 3
D Retained Percentage S. P. - 3
E Sales Tax Records S. P. - 3
F Liquidated Damages S. P. - 3
G Existing Utilities S. P. - 4
H Maintenance of Traffic S. P. - 4
I Privately Owned Obstacles S. P. - 4
J Public Liability and Property Damage Insurance S. P. - 4
K Gravel Surfacing S. P. - 4
t .. is * .. .. .. .. .. .. .. .. * * .. .. * .. .. * ..
(1.-1 i-,
SPECIAL PROVISIONS
A. General. The Special Provisions shall govern in the event of any conflict
between this section and any other part of these specifications.
B. Schedule Descriptions.
5-33. Office of Emergency Preparedness Item No. 5-33 is located on Weld
County Road No. 10 at Weld County Road No. 49.5. The flood damage
consists of washed out road bed, which also acted as a dam for a
small reservoir. A 24 inch corrugated metal pipe along with a
slide gate to drain the reservoir was washed out also. The con-
struction repair consists of replacing the embankment, gravel
surfacing and the 24 inch corrugated metal pipe, but not the head
gate. If possible, the existing 24 inch corrugated metal pipe
shall be salvaged for Weld County. The quantities remaining to
be completed in this Contract and which are included in the base
bid are: 3,560 cubic yards of embankment, 68 lineal feet of 24 inch
corrugated metal pipe, and 270 tons of 2 inch deep gravel surfacing.
The embankment pit to be used for this schedule is located at the
Harkis Farm on County Road 22 at County Road 49 and
• the gravel surfacing pit to be used for this schedule is located
at the Kurtz Pit, South of County Road 34 on County Road 19
5-34. Office of Emergency Preparedness Item No. 5-34 is located on Weld
County Road No. 8 at Weld County Road No. 49.5. The flood damage
consists of washed out embankment, culverts and gravel surfacing.
The construction repair consists of replacing these items. The
quantities remaining to be completed in this Contract and which
are included in the base bid are: 530 cubic yards of embankment,
50 tons of 2 inch deep gravel surfacing, 2 - 48 inch corrugated
metal pipe culverts each 48 feet long, and 20 cubic yards of
riprap to protect the upstream ends of the culverts. The embank-
ment pit for this schedule will be in the stream bed at the site
and the gravel surfacing pit to be used for this schedule is
located at the Kurtz Pit, South of County Road 34 on County Road 19.
5-34.5 Item No. 5-34.5 is located on Weld
County Road No. 6 at Weld County Road No. 49.5. The flood damage
consists of washed out embankment, culverts and gravel surfacing.
The construction repair consists of replacing these items. The
quantities remaining to be completed in this Contract and which
are included in the base bid are: 530 cubic yards of embankment,
50 tons of 2 inch deep gravel surfacing, 2 - 48 inch corrugated
metal pipe culverts each 48 feet long, and 20 cubic yards of
riprap to protect the upstream ends of the culverts. The embank-
ment pit for this schedule will be in the stream bed at the site
and the gravel surfacing pit to be used for this schedule is
located at the Kurtz Pit, South of County Road 34 on County Road 19.
S. P. - 1
1� �
5-35. Office of Emergency Preparedness Item No. 5-35 is located on Weld
County Road No, u at Weld County Road No. 49. The flood damage
consists of washed out approaches to a small timber bridge, debris
against and under the bridge and backwall damage to the bridge. The
construction repair consists of replacing the embankment, the gravel
surfacing, and repairing the bridge backwalls and cleaning the
bridge. The quantities remaining to be completed in this Contract
and which are included in the base bid are: 1,700 cubic yards of
embankment, 90 tons of 2 inch deep gravel surfacing, and approximately
$1,500 worth of bridge repair and debris cleaning up, which includes
some 800 lineal feet of treated bridge timbers. The embankment pit
for this schedule will be in the creek bed at the site and the
gravel surfacing pit to be used for this schedule is located at
the Kurtz Pit, South of County Road 34 on County Road 19
5-36. Office of Emergency Preparedness Item No. 5-36 consists of two
stretches of Weld County Road, veld County Road No. 49 between
Weld County Road No. 14 and No. 16, and a one--half mile stretch
of Weld County Road running from Weld County Road No. 49 over to
the interstate by way of going under the railroad bridge. The
flood damage consists of washed out embankment, gravel surfacing,
and two culverts. The construction repair consists of replacing
these items. the quantities to be completed in this Contract and
which are included in the base bid are: 10,000 cubic yards of
embankment, 4,090 tons of 2 inch gravel surfacing, 50 lineal feet
of 24 inch corrugated metal pipe culvert to be placed beneath
the railroad bridge mentioned above, and 48 lineal feet of 48
inch corrugated metal pipe culvert to be placed on Weld County
Road No. 49 to replace the damaged culvert at that site. The
embankment pit to be used for this schedule is located at the
Harkis Farm on County Road 22 at County Road 49 and the
gravel surfacing pit to be used for this schedule is located at
the Kurtz Pit, South of County Road 34 on County Road 19
•
5-41. Office of Emergency Preparedness Item No. 5-41 is located on Weld
County Road No. 32 at Weld County Road No.. 51. The flood damage
consists of the loss of gravel surfacing. The construction repair
consist of shaping the road and replacing this item. The quantities
remaining to be completed in this Contract and which are included
in the base bid are: a lump sum of road shaping of approximately
$200 and 200 tons of 2 inch deep gravel surfacing. The pit for
gravel surfacing for this schedule will be located at the Kurtz
Pit, South of County Road 34 on County Road 19 .
5-42. Office of Emergency Preparedness Item No. 5-42 is located on Weld
County Road No. 51 at Weld County Road No. 33.5. The flood damage
consists of the loss of gravel surfacing. The construction repair
consists of shaping the road and replacing the gravel surfacing.
The quantities remaining to be completed in this Contract and which
are included in the base bid are: a lump sum amount of road shaping
of approximately $100 and 270 tons 2 inch deep gravel surfacing. The
pit for gravel surfacing for this schedule will be located at the
Kurtz Pit, South of County Road 34 on County Road 19
• S. P. - 2
/`\
5-43. Office of Emergency Preparedness Item No. 5-43 is located on Weld
County Road No. 36 at Weld County Road No. 53.5. The flood damage
consists of washed out embankment and gravel surfacing. The con-
struction repair consists of replacing these two items. The
quantities remaining to be completed in this Contract and which
are included in the base bid are: 950 cubic yards of embankment,
and 110 tons of 2 inch deep gravel surfacing. The pit for embank-
ment for this schedule willbe located at the Pluss Turkey Farm on
County Road 40 at County Road 53 and the pit for gravel
surfacing for this schedule will be located at the Kurtz Pit,
South of County Road 34 on County Road 19 •
5-44. Office of Emergency Preparedness Item No. 5-44 is located on Weld
County Road No. 55 between Weld County Road No. 36.5 and 38.5 and
also Weld County Road No. 36 at Weld County Road No. 54.5. The
flood damage consists of washed out gravel surfacing and embankment.
The construction repair consists of replacing these two items. .The
quantities remaining to be completed in this Contract and which are
included in the base bid are: 950 cubic yards of embankment, and 330
tons of 2 inch deep gravel surfacing. The pit for embankment for
this schedule will be located at the Pluss Turkey Farm on County
Road 40 at County Road 53 and the pit for gravel surfacing
• for this schedule will be located at the Kurtz Pit, South of County
Road 34 on County Road 19
C. Construction Operations. The Contractor will be required to confine his
construction operations to the limits of the granted easements. Any damage
done outside the designated right-of-way shall remain a responsibility of
the Contractor.
D. Retained Percentage. The retained percentage to be withheld on periodical
payment, as described in Section 3 of these specifications, shall be ten
percent (100).
E. Sales Tax Records. The Contractor shall maintain records of all purchases
upon which a state sales tax was paid. Upon completion of the work, but
prior to payment of the final estimate, the Contractor shall submit to the
Owner a summary tabulation, certified to be true, of all purchases upon
which sales taxes were paid. This summary is to be used by the Cwner as
evidence of sales tax paid for which Weld County, Colorado should be
reimbursed.
F. Liquidated Damages. A charge of one hundred dollars ($100) per day shall
be deducted from monies due the Contractor by the Owner for each calendar
day that the time of construction exceeds the time set forth in the
Contractor's Proposal, with allowances for any valid time extensions
approved in writing by the Owner. These charges are liquidated damages
to cover the excess cost of administration, inspection, field engineering,
overhead, and the loss of revenue to the Owner.
S. P. - 3
•
' G. Existing Utilities. All pipes, service lines or any other existing struc-
tures encountered during the progress of the work shall be supported so as
to be kept in working position and without injury. Any damage or injury
incurred by such facilities during construction or until such time as the
fill shall become settled thereafter shall be entirely remedied and put
in working order by the Contractor, all without added expense to the Owner.
•
H. Maintenance of Traffic. The Contractor shall be responsible for maintain-
ing access to and from all residences or places of business at all times.
Street closing shall be in accordance with the requirements of the body
having jurisdiction. The Contractor will notify all residents of an area
prior to undertaking any construction which will block any drives or walks
to and from a property. Every reasonable effort will be made by the Con-
tractor to minimize the inconvenience to the residences and businesses of
the area. The Contractor shall provide, install, and maintain all traffic
flares, signs, barricades, flagmen, and other protective devices as may be
required by the County, the State, and the affected utility company.
The cost of maintaining traffic, installing protective devices, and other-
wise protecting the work will be included in the price bid for each appro-
priate item of work.
I. Privately Owned Obstacles. The Contractor shall make every effort to avoid
damage to privately owned facilities. The Owner assumes no responsibility
for any damages resulting from the Contractor's operations , either on public
or private property.
The Contractor shall keep the Owner free of all claims of damage and finan-
cial responsibility resulting from his operations and shall satisfy any
claims of damage resulting from his operations without involvement of the
Owner in any way.
J. Public Liability and Property Damage Insurance. Paragraph 20.C. of the
General Conditions is hereby amended as follows:
"Public Liability Insurance and Property Damage Insurance shall be in an
amount not less then $250 ,000.00 for injuries , including accidental death,
to any one person, and subject to the same limit for each person, in an
amount not less then $1,000,000.00 on account of one accident, and Con-
tractor's Property damage Insurance in an amount not less than $500,000.00.
The Contractor shall either (a) require each of his subcontractors to
procure and to maintain during the life of his subcontract, Subcontractor's
Public Liability and Property Damage of the type and in the same amounts
as specified in the preceding paragraph, or (b) insure the activities of
his subcontractors in his own policy.
K. Gravel Surfacing. Gravel material varies from very good to scarce in
Weld County. Therefore, all pits must be approved by Weld County and/or
the Engineer before they can be used for this item. In general, gravel
surfacing will be the same as that used by the County itself in each area.
Gravel surfacing for this project is discussed in the schedule descrip-
tions.
S. P. - 4
r.
SECTION 3
GENERAL CONDITIONS
(Index)
Paragraph Title Page
1. General G.C. - 1
2. Definitions G.C. - 1
3. Specification Requirements G.C. - 1
4. Site Examination G.C. - 1
5. Statement of Bidder's Plant and Financial Condition G.C. - 2
6. Qualifying Conditions in Bidder's Proposal G.C. - 2
7. Estimated Quantities G.C. - 2
8. Copies of Documents G.C. - 3
9. Data Sheets G.C. - 3
10. Preparation of Proposals G.C. - 3
11. Bid Security G.C. - 3
12. Execution of Documents G.C. - 4
13. Filing Bids G.C. - 4
14. Alternates G.C. - 4
15. Supplemental Unit Prices G.C. - 4
16. Notice of Award G.C. - 5
17. Definition of Notice G.C. - 5
18. Execution of Contracts and Bonds G.C. - 5
19. Performance Bond G.C. - 5
20. Contractor's Insurance G.C. - 5
21. Royalties and Patents G.C. - 6
22. Permits, Surveys, and Compliances with Laws G.C. - 6
23. Subcontracting G.C. - 7
24. Assignment of Contract G.C. - 7
25. Other Contracts G.C. - 7
26. Guarantees G.C. - 7
27. License or Royalty Fees G.C. - 8
28. Materials and Workmanship G.C. - 8
29. "Or Equal Clause" - Materials G.C. - 8
30. Convict-Made Materials G.C. - 8
31. Delivery of Material G.C. - 9
32. Intent of the Contract Documents G.C. - 9
33. Plans and Specifications G.C. - 9
34. Specifications and Plan Consistency G.C. - 10
35. Alleged Inaccuracies G.C. - 10
36. Interpretation of Proposed Contract Documents. . . G.C. - 10
37. Shop Drawings G.C. - 10
38. Engineer G.C. - 10
39. Decisions of Engineer G.C. - 10
40. Directions G.C. - 11
41. Inspection G.C. - 11
42. Final Inspection G.C. - 11
43. Testing Material G.C. - 11
•
SECTION 3
(Index, Continued)
Paragraph Title Page
44. Lines and Grades G.C. - 12
45. Work Done Without Lines or Grades G.C. - 12
46. Preservation of Monument and Stakes G.C. - 12
47. Use of Job Site G.C. - 13
48. Sanitary Convenience G.C. - 13
49. Protection of Work - Watchmen, Lights, Etc G.C. - 13
50. Accident Prevention G.C. - 13
51. Care of Existing Structures and Property G.C. - 13
52. Defects G.C. - 14
53. Cutting and Patching G.C. - 14
54. Employment Conditions G.C. - 14
55. Qualifications for Employment G.C. - 14
56. Employees and Equipment G.C. - 14
57. Superintendence G.C. - 15
58. Working Hours G.C. - 15
59. Detailed Estimates - Breakdown G.C. - 15
60. Construction Reports G.C. - 15
61. Monthly Estimates - Payment G.C. - 15
62. Final Estimate - Payment G.C. - 16
63. Extra, Additional, or Omitted Work - Payment . . . . G.C. - 16
64. Measurements and Quantities G.C. - 17
65. Deduction for Uncorrected Work G.C. - 17
66. Correction of Work After Final Payment G.C. - 17
67. Approval of Work G.C. - 17
68. Acceptance and Occupancy G.C. - 17
69. Starting in Operation G.C. - 17
70. Delays - Unavoidable G.C. - 18
71. The Owner's Right to do Work G.C. - 18
72. Completion of Work G.C. - 18
73. Work in Bad Weather G.C. - 18
74. Properly Ordered Materials G.C. - 18
75. Requests for Time Extensions G.C. - 19
76. Liquidated Damages G.C. - 19
77. Cleaning Up - Removal of Rubbish G.C. - 19
78. Owner's Right to Withhold Certain Amount and Make
Application Thereof G.C. - 20
79. Termination for Breach G.C. — 20
* x 4: s4 g; * t i; s4 * a k sS 4; * :; ..
/1
GENERAL CONDITIONS
1. General. The following specifications are general in scope and may refer to
conditions which will not be encountered in performance of the work included
in this Contract, and which are not applicable thereto. Any requirement,
provision, specification, or other stipulation of these General Conditions
which refers to a non-existent condition, and is not applicable to the work
to be performed under this Contract, shall be considered null and void and
shall have no meaning in this Contract.
In case of conflict between the General Conditions and the Special Provisions
or Technical Specifications, the Special Provisions or Technical Specifica-
tions shall govern.
2. Definitions. The following terms as used in these Contract Documents are
respectively defined as follows:
A. "Contractor". The person, firm, or corporation to whom the within
Contract is awarded by the Owner and who is subject to the terms
hereof.
B. "Subcontractor". A person, firm, or corporation, other than a Contractor,
supplying labor and materials, or labor for work at the site of the
project.
C. "Project". The entire improvement proposed by the Owner to be constructed
in part or in whole pursuant to the within Contract.
D. "Owner". That body or person which has authorized the project and for
whom the project is being constructed.
E. "Work". Work to be performed, including work normally done, at the loca-
tion of the project.
F. "Surety". Any person, firm, or corporation that has executed, as surety,
the Contractor's performance bond securing the performance of the within
Contract.
G. "Engineer". The Engineer or Engineers selected by the Owner to represent
the Owner in the supervision of the construction of the project.
3. Specification Requirements. All bidders shall base their bids on materials
and equipment complying fully with these specifications , and in the event he
names in his bid materials or equipment which, in the opinion of the Engineer,
do not conform, he will be responsible for furnishing materials and equipment
which fully conform at no increase in cost to the Owner.
4. Site Examination. Bidders shall visit the site of the proposed work and in-
form themselves of the conditions under which the work is to be performed.
Their inspections shall cover the ground structure, obstacles which may be
encountered, location of water table, and other matters relevant to the work
both above and below ground. Where test boring logs, indicating underground
G.C. - 1
t
conditions, are shown on the plans , this data is for the bidder's information
only and reflects only the conditions observed at the time and place of the
drilling. Neither the Engineer or the Owner shall be held responsible for any
variance or deviation from the data shown on the plans , as encountered during
actual construction.
The successful bidder will not be allowed any extra compensation by reason of
any matter or thing concerning which he could have fully informed himself,
prior to the bidding.
5. Statement of Bidder's Plant and Financial Condition. Each bidder may be
required to submit, on request of the Engineer or Owner, the following data:
A. A statement that the bidder maintains a permanent place of business and
the address thereof.
B. A statement pertaining to the equipment which the bidder proposes to use
on the project.
C. A financial statement, duly sworn in form approved by the Owner, listing
all assets and liabilities.
D. A statement listing projects of similar nature which the bidder has con-
structed or in the construction of which the bidder was actively engaged
in a responsible capacity.
Any bidder may be required by the Owner to submit additional data to satisfy
the Owner that such bidder is prepared to properly complete the project if it
is assigned to him.
6. Qualifying Conditions in Bidder's Proposal. A bidder shall not stipulate in
his Proposal any conditions not contained in the Form of Proposal in the Con-
tract Documents. Bidders are specifically advised that attachment of condi-
tions to the bid may disqualify him as an acceptable bidder.
7. Estimated Quantities. The estimated quantities of the various types of work
to be done on unit price contracts , and materials to be furnished on lump sum
contracts are approximate only and are to be used as a basis for estimating
the probable cost of the work and for comparing the bids offered on the work.
The Contractor agrees that, during the progress of the work on unit price con-
tracts, the Owner may vary the quantities or eliminate an item completely as
may be deemed necessary and/or advisable without changing the unit bid prices
shown in the Proposal. On lump sum contracts, the Contractor agrees that
reasonable and normal variations in the work are to be expected, and these
changes will not be used as a basis for a claim for extra compensation.
Bidders must satisfy themselves by personal inspection and examination of the
plans and the work site and by such other means as he may prefer as to the
correctness of any quantities listed in the Proposal or on the plans. The
Contractor shall not, after submission of his bid, dispute or complain about
irregularities in the quantities, or shall he assert or claim that there was
any misunderstanding or misrepresentation as to the nature or amount of the
work to be performed.
G.C. - 2
•
•
rTh fe`
The Contractor agrees that he will make no claim for damages, anticipated
profits or losses on account of any differences between quantities of work
actually performed and materials actually furnished and the estimated
quantities.
8. Copies of Documents. Each bidder will be required to purchase at least one (1)
complete set of plans, specifications , and related documents. A duplicate set
of Proposal Forms will be furnished, and this form will be used for submission
of sealed bids. If awarded the Contract, the submitted Proposal will be used
to complete the signed Contract Documents, including the Proposal Form, and
the original Proposal will be retained in the Owner's files,
9. Data Sheets. Where data sheets concerning equipment to be furnished in the
work are included in the specification documents as part of the Proposal,
the bidder shall furnish the required information by filling in the data
sheets complete in every detail.
In the event that the data sheets furnished are insufficient, or do not readily
lend themselves to the correct description of the equipment, the bidder shall
file with the bid additional statements setting out the necessary information.
Failure to furnish such information as is required on the data sheets will be
considered as grounds for rejecting the bid.
10. Preparation of Proposals. Each Proposal shall be firmly sealed in an envelope
labeled "Contract Proposal" and delivered to the office designated in the
Advertisement for Bids.
All bids are to be made only on the duplicate Proposal Form furnished by the
Owner along with these specifications. An exact copy of this Proposal Form
will be acceptable. Total bid prices are to be written both in words and by
figures on lump sum contracts ; in case of conflict, the written form will
govern.
On unit price contracts, the unit bid price will govern over the extensions.
No bid will be accepted which does not contain adequate or reasonable prices
for each and every item named in the bidding schedule. Unbalanced or irregular
bids may be rejected.
Only proposals which are prepared on the specified Proposal Form will be
considered.
11. Bid Security. All bids must be accompanied by a certified check or bank draft
drawn on a solvent bank, or a satisfactory bid bond executed by the bidder and
an acceptable surety company, made payable to the Owner, as defined in the
Advertisement for Bids, in an amount equal to five percent (5%) of the total
amount of the bid. The check or bid bond shall be held as security that, if
the bid is accepted, the bidder will execute and file the proposed performance
bond within ten (10) days from the date of the notification of award of Con-
tract. On failure of the successful bidder to execute the Contract and per-
formance bond, he shall forfeit the deposit as agreed as liquidated damages.
The bid security of the three lowest bidders for each Contract may be held for
thirty (30) days, or until the Contract is executed and approved, whichever
G.C. - 3
is the least, when they will be returned. The balance of the bid securities
submitted will be returned within ten (10) days after the opening of bids.
12. Execution of Documents. The Contractor, in signing his bid on the whole or
any portion of the work shall conform to the following requirements:
Bids which are not signed by individuals making them should have attached
thereto a power of attorney evidencing authority to sign the bid in the name
of the person for whom it is signed.
Bids which are signed for a partnership should be signed by all of the partners
or by an attorney-in-fact. If signed by an attorney-in-fact, there should be
attached to the bid a power of attorney evidencing authority to sign the bid,
executed by the partners.
Bids which are signed for a corporation should have the correct corporate
name thereof and the signature of the President or other authorized officer
of the corporation manually written below the corporate name following the
word "By: It
If such a bid is manually signed by an official other than the President of
the Corporation, a certified copy of a resolution of the Board of Directors
evidencing the authority of such official to sign the bid should be attached
to it. Such bid should also bear the attesting signature of the secretary
of the corporation and the impression of the corporate seal.
The Contractor shall be deemed as having been awarded when formal notice of
award shall have been duly served upon the intended awardee (i.e. , the bidder
to whom the Owner contemplates awarding the contract) by some officer or agent
of the Owner duly authorized to give such notice.
13. Filing Bids. After bids are opened and read aloud, they shall be placed on
file for public inspection and shall remain there as the property of the
Owner. Any bidder may withdraw his bid at any time prior to the scheduled
closing time for the receipt of bids, as stated in the Advertisement for
Bids, but no bid shall be withdrawn for a period of thirty (30) days after
the scheduled closing time for the receipt of bids.
14. Alternates. Proposals may be submitted on one or all of the Alternates, Items,
and Units as shown in the Proposal Form at the bidder's option, unless other-
wise directed elsewhere in these specifications.
Each bidder must submit such special data, if any, in respect to such alter-
nates, which any section of the Contract Documents requires to be submitted
with each bid.
15. Supplemental Unit Prices. Where supplemental unit prices are shown in the
Proposal on lump sum contracts, the Owner reserves the right to reject any
or all supplemental unit prices which it deems to be excessive or unreasonable.
In cases where any part or all of the bidding is to be received on a unit price
basis , the quantities stated on which prices are invited are approximate
only, and each bidder is required to make his own estimates of the actual
G.C. - 4
•
amounts and calculate his bid price accordingly. The estimated quantities
shown, while made from the best information available, are approximate only,
and payment of the Contract will be based on the actual number of units
installed in the completed work.
Bids will be compared on the basis of the stated number of units in the Pro-
posal Form.
16. Notice of Award. The Contract shall be deemed to have been awarded upon dis-
patch to the Contractor by the Owner of the Notice of Award. The Notice of
Award will be considered as dispatched when properly addressed and deposited
in the U. S. Mails, or when handed in person to an authorized representative
of the Contractor by the Owner or his Agent.
17. Definition of Notice. Where, in any section of the Contract Documents, there
is a provision requiring the giving of a notice, such notice shall be deemed
to have been given (to the Owner) when written notice shall be delivered to
the Engineer or the Owner, or shall have been placed in the U. S. Mail
addressed to the Chief Executive Official of the Owner at the place where
the bids, or proposals, for the Contract were received; and (to the Contractor)
when a written notice shall be delivered to the chief representative or
superintendent at the site of the project to be constructed or when such
notice is placed in the U. S. Mails addressed to the Contractor at the address
of his permanent place of business; (to the Surety) on the performance bond
when a written notice is placed in the U. S. Mails addressed to the Surety
at the home office of such surety.
18. Execution of Contracts and Bonds. Each Contract must be executed in four (4)
original counterparts, (seven [7] original counterparts when the U. S. Govern-
ment is participating), and there shall be executed original counterparts of
the Contractor's performance bond in equal number to the original counterparts
of the Contract. One copy of such executed documents will be retained by the
Owner, the second will be delivered to the Contractor, the third will be de-
livered to the Surety, and the fourth to the Engineer. (When necessary, three
[3] copies will be sent to the U. S. Governmental Agency. )
In addition to the performance bond, the Contractor may be required to furnish
documents attesting to the required compensation insurance, public liability
insurance, and property damage insurance required herein.
The entire cost of executing the bonds, the Contract, and the insurance, in-
cluding all notarial fees and expenses, are to be paid by the Contractor.
19. Performance Bond. The Contractor shall furnish a surety bond (form attached)
in an amount at least equal to one hundred percent (100%) of the Contract
price as security for the faithful performance of this Contract and for the
payment of all persons performing labor and furnishing materials in connection
with this Contract.
20. Contractor's Insurance. The Contractor shall not commence work under this Con-
tract until he has obtained all insurance required under this paragraph and
such insurance has been approved by the Owner, nor shall the Contractor allow
any Subcontractor to commence work on his subcontract until all similar insur-
ance required of the Subcontractor has been so obtained and approved.
G.C. - 5
P •
Pr
A. Proof of Carriage of Insurance. The Contractor shall furnish the Owner
with satisfactory proof of carriage of the insurance required.
B. Compensation Insurance. The Contractor shall take out and maintain during
the life of this Contract Workmen's Compensation Insurance for all of his
employees employed at the site of the project and, in case any work is
sublet, the Contractor shall require the Subcontractor similarly to pro-
vide Workmen's Compensation Insurance for all of the latter's employees
unless such employees are covered by the protection afforded by the Con-
tractor. In case any class of employees engaged in hazardous work under
this Contract at the site of the project is not protected under the Work-
men's Compensation statute, the Contractor shall provide, and shall cause
such Subcontractor to provide adequate employer's liability insurance for
the protection of his employees not otherwise protected.
C. Public Liability and Property Damage Insurance. The Contractor shall take
out and maintain during the life of this Contract such Public Liability
and Property Damage Insurance* as shall protect him and any Subcontractor
performing work covered by this Contract, from claims for damages for
personal injury, including accidental death, as well as from claims for
property damages, which may arise from operations under this Contract,
whether such operations be by himself, or by any Subcontractor, or by
anyone directly or indirectly employed by either of them, and the amounts
of such insurance shall be as follows:
Public Liability Insurance in an amount not less than $100,000 for injuries ,
including accidental death, to any one person and, subject to the same
limit for each person, in an amount not less than $300,000 on account
of one accident, and Property Damage Insurance in an amount not less
than $25,000.
21. Royalties and Patents. The Contractor shall pay for all royalties and patents.
The Contractor shall and will indemnify, save harmless and defend the said
Owner from any and all suits, actions, legal proceedings, claims, damages ,
demands, costs, expense and attorney's fees, incident to any infringement of
any patent or patents, appliances or materials used by the Contractor in the
work or installed or incorporated in the work or in any way connected there-
with. The Owner shall pay for any license fee or royalties for processes.
22. Permits, Surveys, and Compliances with Laws. The Contractor shall pay for
all permits and licenses necessary for the prosecution of the work unless
otherwise specifically provided. The Contractor shall give all notices, pay
all fees, and comply with all laws, ordinances, rules , and regulations bear-
ing on the conduct of the work.
The Owner will furnish all site surveys, easements, permits, pipe line licenses,
etc. , necessary to authorize construction of any permanent work required in the
specifications, where such work is to be done on property other than the Owners.
*Construed as including Contractor's contingent or Protective Insurance
if necessary to protect the Contractor from damage claims arising from
operations under this Contract.
G.C. - 6
23. Subcontracting. The Contractor shall not subcontract work to be performed or
any materials to be furnished in the performance of this Contract without the
written consent of the Owner. If the Contractor shall sublet any part of
• this Contract, the Contractor shall be as fully responsible to the Owner for
the acts and omissions of his Subcontractor and of the persons either directly
or indirectly employed by his Subcontractor, as he is for the acts and omis-
sions of persons directly employed by himself. The Contractor agrees that
this Contract obligation shall be in addition to the liability imposed by
law upon the Contractor.
The Contractor shall notify the Owner in writing of the names of the Subcon-
tractors proposed for the principal part of the work, and shall not employ any
Subcontractor that the Owner or Engineer objects to as incompetent or unfit.
The Owner shall on request furnish to any Subcontractor, whenever practical,
evidence of the amounts certified to or on his account.
Nothing contained in the Contract Documents shall create any contractual
relationship between any Subcontractor and the Owner.
24. Assignment of Contract. The Contractor shall not assign this Contract or any
part hereof without the written consent of the Owner. No assignment of this
Contract shall be valid unless it shall contain a provision that the funds to
be paid to the Assignee under the assignment are subject to a prior lien for
services rendered or materials supplied for the performance of the work called
for in said Contract in favor of all persons, firms, or corporations rendering
such services or supplying such materials.
Such provision, however, need not be inserted if the "assignment" technically
constitutes a novation, i.e. , the assignee not only acquires the benefits
under the Contract but also assumes the obligations thereunder in place of
the assignor.
25. Other Contracts. The Owner may award other contracts for additional work, and
the Contractor shall fully cooperate with such other contractors and carefully
fit his own work to that provided under other contracts as may be directed by
the Engineer. The Contractor shall not commit or permit any act which will
interfere with the performance of work by any other Contractor.
26. Guarantees. All work shall be constructed in accordance with the plans and
these specifications and standard construction codes and must be guaranteed
for a period of one (1) year from the date of final acceptance, or for such
longer period as may be required in the Special Provisions.
In placing orders for equipment, the Contractor shall purchase same only under
a formal and written guarantee from the respective manufacturers that the
equipment supplied will function properly as an integral part of the com-
pleted project in accordance with the plans and these specifications.
The Contractor shall require that the manufacturer of proposed equipment agree
in writing, at the time of placement of the order, to furnish, in cooperation
with the Contractor, technical superintendence and mechanical labor and parts,
that may be required during the installation or tune-up period, to make the
G.C. - 7
n
equipment function satisfactorily, even if same was not shown on the plans
or approved shop drawings.
27. License or Royalty Fees. If the project is designed so as to require or permit
the use of a process or processes (as distinguished from articles, apparatus,
or equipment), for which licenses or royalty fees will be charged, such fees
for the use of such processes will be paid by the Contractor to the Patentee,
Licensee, or Owner of such process, and the Contractor shall have included
such fees in his bid. No claim for extra compensation for payment of said
fees will be considered by the Owner.
28. Materials and Workmanship. Unless otherwise stipulated in the specifications,
all workmanship, equipment, materials, and articles incorporated in the work
covered by this Contract are to be new and of the best grade of their respec-
tive kinds for the purpose. The Contractor shall, if required, furnish such
evidence as to kind and quality of materials. The Contractor shall furnish to
the Owner, for approval, the name of the manufacturer of machinery, mechani-
cal and other equipment, which he contemplates installing, together with their
performance capacities and other pertinent information.
If not otherwise provided, materials or work called for in this Contract shall
be furnished and performed in accordance with well-known established _practice
and standards recognized by architects, engineers, and the trade.
When required by the specifications, or when called for by the Engineer, the
Contractor shall furnish the Engineer for approval full information concerning
the material or articles which he contemplates incorporating in the work.
Samples of materials shall be submitted for approval when directed. Machinery,
equipment, materials, and articles installed or used without such approval
shall be at the risk of subsequent rejection.
In the selection of equipment for this proposed improvement, preference will
be given:
A. To those units which are most easily adaptable to installation within the
proposed building structures.
B. To those units which most readily adapt themselves with other equipment
to be selected for the whole improvement.
29. "Or Equal Clause" - Materials. Whenever in any of the Contract Documents an
article, material, or equipment is defined by describing a proprietary pro-
duct, or by using the name of a manufacturer or vendor, the term "or equal",
if not inserted, shall be implied. The specific article, material, or equip-
ment mentioned shall be understood as indicating the type, function, minimum
standard of design, efficiency, and quality desired, and shall not be construed
in such a manner as to exclude manufacturer's products of comparable quality,
design, and efficiency. The Contractor shall comply with the requirements of
the contract documents relative to the Owner's approval of materials and
equipment before they are incorporated in the project.
30. Convict-Made Materials. No materials manufactured or produced in a penal
or correctional institution shall be incorporated in the project under this
Contract.
G.C. - 8
31. Delivery of Material. Material delivered on the sides of the street for use
upon the street, or adjacent thereto, shall be neatly and compactly piled up
along the sides of the roadway in such a manner as to cause the least incon-
venience to the property owners and to the general public; private drives and
street crossings are to be kept open. Shade trees and other improvements
shall be protected by the Contractor from all damage. Fire hydrants are not
to be obstructed at any time.
No material will be allowed to be delivered on any street except by permission
of the Owner; and any material delivered without such permission shall, upon
due notice to the Contractor to that effect, be immediately removed from the
street; and, upon failure of the Contractor so to do, the Owner is hereby
authorized and directed to cause such material to be removed and the cost
thereof charged to the Contractor.
32. Intent of the Contract Documents. The Contract Documents are complementary,
and what is called for by any one shall be as binding as if called for by all.
The intention of the Contract Documents is to include in the contract price the
cost of all labor and materials , water, fuel, tools , plant equipment , power,
light, transportation, and all other expense as may be necessary for the proper
execution of the work involved including items not mentioned but necessary
to make a complete project, from beginning of operations until the work in-
volved has been finally accepted by the said Owner.
The Contractor shall complete the work in accordance with this expressed intent
and shall make all temporary or permanent connections of every kind and to all
services and equipment (water, power, etc. ) at his own expense and to the
satisfaction of the Engineer.
In interpreting the Contract Documents, words describing materials or work
which have a well-known technical or trade meaning, unless otherwise specifi-
cally defined in the Contract Documents, shall be construed in accordance with
such well-known meaning recognized by architects, engineers, and the trade.
33. Plans and Specifications. The work shall be executed in strict conformity
with the plans and specifications, and the Contractor shall do no work without
proper drawings and instructions.
The plans as prepared by the Engineers for this proposed improvement are in
sufficient detail to give the general layout of the work as contemplated and
to show clearances available. The Owner, through its Engineer, reserves the
right to alter the details of the plans upon the selection of the particular
units proposed to be furnished, or whenever necessary to insure the completion
of the project in accordance with the intent of the Owner.
The Engineer will furnish the Contractor, free of charge, all copies of draw-
ings and specifications reasonably necessary to properly carry out the work.
Figured dimensions on the plans may be assumed correct but shall be checked by
the Contractor before starting construction. All errors , omissions, and dis-
crepancies shall be brought to the attention of the Engineer, and his decision
therein shall be final. All notes on the plans shall be followed. Discovery
of an error, omission, or other discrepancy shall not be considered as a basis
G.C. - 9
n
for improper work, and the Engineer shall make the necessary corrections for
the proper execution of the work.
34. Specifications and Plan Consistency. The several parts of the specifications
and the said plans and profiles included therewith, shall be taken and con-
strued together to explain each other and make the whole consistent. Figured
dimensions shall take precedence over scaled dimensions.
35. Alleged Inaccuracies. The Contractor will thoroughly acquaint himself before
commencing the work as to the meaning and correctness of the specifications,
plans and profiles, and stakes and marks set to indicate the same, and no
claim will be entertained or paid by said Owner for or on account of any
alleged inaccuracies.
36. Interpretation of Proposed Contract Documents. If any person contemplating
submission of a bid for this Contract is in doubt as to the true meaning of
any part of the plans, specifications, or other proposed Contract Documents,
he may submit to the Engineer a written request for an interpretation thereof.
Any interpretation of the proposed documents, prior to opening bids, will be
made by addendum only, duly issued to each person receiving a set of bid
documents. The Owner will not be responsible for any other interpretation
or explanation of the proposed Contract Documents.
37. Shop Drawings. The Contractor shall submit to the Engineer all shop or set-
ting drawings and schedules required for the work, including those pertaining
to structural and reinforcing steel. The Contractor shall make any corrections
in the drawings required by the Engineer, and resubmit same without delay.
The Contractor shall furnish sufficient copies of complete working drawings
of all equipment, finally selected to be installed, for approval by the Engi-
neer, before being placed in the work. The Engineer will require two (2)
sets of these drawings for his files, and the actual number to be furnished
are those required for the Contractor's purposes plus two (2) sets.
The merits of the materials and equipment offered will be decided to a great
extent upon the information furnished. The Contractor shall make this
information as complete and comprehensive as possible.
The Contractor shall keep at the site of the work an approved or conformed
copy of the drawings and specifications, and shall at all times, give the
Owner access thereto. In case of differences between the drawings and speci-
fications , the specifications shall govern.
38. Engineer. The Engineer shall make all necessary explanations as to the
meaning and intention of the plans and specifications, shall give all neces-
sary orders and directions, acting within the scope of the particular duties
properly assigned to him by the Owner; shall also make all corrections of
errors or omissions in the plans and specifications when necessary for the
proper fulfillment of the intention thereof; the effect of such construction
to date from the time said Engineer gives due notice thereof to said Con-
tractor.
39. Decisions of Engineer. The decision of the Engineer, acting within the scope
of the duties reasonably assigned to him, will be final and the signing of the
G.C. - 10
eTh (Th
Contract for construction shall be considered as the Contractor's agreement to
accept the Engineer's decisions as final in all such matters as may reasonably
require engineering decisions, such as the quality of workmanship, the suit-
ability of materials for inclusion in the work, the performance of equipment,
and the fulfillment of the guarantees thereon.
40. Directions. The directions and orders given by the Owner, or its authorized
representative, shall be received by and obeyed by the Contractor, or in the
Contractor's absence, the said orders shall be received by the Contractor's
foreman or person in charge of the work and shall be obeyed the same as if
given to the Contractor. There shall be at all times a competent and respon-
sible person available to represent the Contractor in his absence.
41. Inspection. The Owner and its representative shall, at all times, have access
to the work whenever it is in preparation or progress, and the Contractor shall
provide proper facilities for such access and inspection.
The Owner shall have the right to reject materials and workmanship which are
defective, or require their correction. Rejected workmanship shall be satis-
factorily corrected, and rejected materials shall be removed from the premises
without charge to the Owner. If the Contractor does not correct such condemned
work and remove rejected materials within a reasonable time, fixed by written
notice, the Owner may remove them and charge the expense to the Contractor.
Should it be considered necessary or advisable by the Owner at any time before
final acceptance of the entire work to make an examination of work already
completed, by removing or tearing out same, the Contractor shall on request
promptly furnish all necessary facilities, labor, and materials. If such
work is found to be defective in any material respect, due to fault of the
Contractor or his Subcontractors, he shall defray all the expense of such
examination and of satisfactory reconstruction. If, however, such work is
found to meet the requirements of the Contract, the actual cost of labor and
material necessarily involved in the examination and replacement, plus fifteen
percent (15%), shall be allowed the Contractor.
42. Final Inspection. Upon the completion of the whole work by the Contractor,
the Owner and its Engineers will make a final inspection of the work to deter-
mine the workmanship and the adaptability for the purposes intended, and its
compliance with the plans and specifications therefor.
The Contractor shall provide all assistance and equipment necessary for such
testing and final inspection as a part of the Contract price bid in his
formal Proposal.
After the plant or improvement is completed, tested, and in operation, the
Contractor, when requested to do so, shall provide the services of a skilled
operator to remain at the plant or improvement site for an additional period
of ten (10) days to assist the operators of the Owner. Such assistance shall
be furnished at no extra cost to the Owner.
43. Testing Material. Attention of the Contractor is directed to the materials
tests required in this Contract. All laboratory tests shall be made by an
approved testing laboratory. The specific test requirements are set out in
G.C. - 11
n
the various standard specifications of this Contract which describe the
various materials or apparatus to be tested and the method of testing to
be used. The Contractor shall furnish the materials to be tested and shall
pay all packaging and transportation charges on any samples required to be
submitted to the laboratory.
Where certified test reports are required to be furnished by the manufacturer,
the Contractor shall furnish duplicate copies of the reports before the material
will be approved for use.
Unless otherwise specified in the Special Provisions , the Contractor shall
pay the cost of all laboratory testing and shall furnish incidental materials
and labor at the site in connection with the tests.
44. Lines and Grades. All controlling lines and grades will be established by the
Engineer, and the Contractor shall provide all stakes and such materials re-
quired and shall give competent manual assistance as may be required in setting
the same, and all objects and marks defining lines and grades shall be care-
fully preserved. The Contractor shall notify the Engineer a reasonable time
in advance of the date and location that he intends to work, in order that
lines and grades may be furnished. All additional measurements that will be
required to complete the work, in addition to the controlling lines and grades,
shall be made by the Contractor. No compensation shall be paid the Contractor
for the cost of any of the work, or for delay occasioned by giving lines and
grades, or making other necessary measurements, or for inspection; but such
cost shall be included in the prices specified for the appropriate items.
45. Work Done Without Lines or Grades. Any work done without having been properly
located and established by base lines, offset stakes, bench marks, or other
basic reference points located, established, or checked by the Engineer, and
found to be improper, may be ordered removed and replaced at the Contractor's
expense.
It shall be the responsibility of the Contractor to notify the Engineer suffi-
ciently in advance of his operations to enable the Engineer to set the required
control stakes and marks.
The detail layout of structures and staking of individual items shall be done
by the Contractor subject to check by the Engineer as to compliance with plans
and specifications. At all times, in all cases, the Contractor shall be res-
ponsible for the correctness and accuracy of the detail layout of finished
structures.
46. Preservation of Monuments and Stakes. The Contractor shall be responsible for
the preservation of all monuments, bench marks, reference points, and stakes
located in or near the work, and shall take those steps or actions necessary
to preserve and protect these stakes and marks. In case of willful or careless
destruction of the stakes by the Contractor or his employees, the full expense
or resetting and replacement will be charged to the Contractor, and he shall
be responsible for any mistakes or loss of time that may be caused by this
unnecessary disturbance. In the case of any permanent monuments or bench
marks which must, of necessity, be removed or disturbed in the construction of
the work, the Contractor shall carefully protect and preserve the same until
G.C. - 12
•
they can be properly referenced for relocation. The Contractor shall furnish
at his own expense, such materials and assistance as is necessary for the proper
replacement of monuments or bench marks that have been moved or destroyed.
Any instrument man or survey assistant employed on the work by the Contractor
or his Subcontractors shall, in the judgment of the Engineer, be compentent or
they shall be removed from the work and replaced by a competent individual.
Unless otherwise specified in the Special Provisions , the Contractor shall
furnish rodmen, chainmen, stakemen, and all wood and metal stakes required to
assist the Engineer in the staking and marking of the work for the Con-
tractor.
47. Use of Job Site. The Contractor shall confine his equipment , apparatus, the
storage of materials and operation of his workmen to limits indicated by law,
ordinances, permits or directions of the Owner and shall not needlessly encum-
ber the premises or adjacent streets or property with his materials.
The Contractor shall make satisfactory arrangements to store his material and
equipment after delivery, and before and during construction. The Owner can
assume no responsibility prior to the completion and final acceptance of the
installation. The Contractor shall not load or permit any part of the struc-
ture to be loaded with a weight that will endanger its safety. The Contractor
shall enforce the Engineer's instructions regarding signs, advertisements,
fires, and smoke.
48. Sanitary Convenience. Necessary sanitary conveniences for the use of laborers
on the work, properly secluded from public observation, shall be erected and
maintained by the Contractor in such manner and at such points as shall be
approved by the municipality, or other governing body affected, and their
use shall be strictly enforced.
49. Protection of Work - Watchmen, Lights, Etc. The Contractor shall continuously
maintain adequate protection of all his work from damage and shall protect the
Owner's and adjacent property from injury arising in connection with his
Contract.
Colored lights and flares , and if required, watchmen, are to be maintained by
the Contractor when necessary to prevent accident.
Night watchmen, or Sunday watchmen, are to be maintained by the Contractor
when necessary, to prevent accident, theft or property damage.
50. Accident Prevention. Precaution shall be exercised at all times for the pro-
tection of persons (including employees) and property. The safety provisions
of applicable laws, building, and construction codes shall be observed. Machi-
nery, equipment, and all hazards shall be guarded or eliminated in accordance
with the safety provisions of the Manual of Accident Prevention in Construc-
tion, published by the Associated General Contractors of American, to the
extent that such provisions are not in contravention of applicable law.
51. Care of Existing Structures and Property. All poles, trees, shrubbery, fences,
sewer, water, gas, or other pipes, wires, conduits , and manholes, steam,
G.C. - 13
electric, and street railway structures and tracks, tunnels, tunnel shafts,
buildings, and all structures and property along the route of said proposed
improvement shall be supported and protected from injury by the Contractor
during the construction and until the completion of said improvement and
appurtenances. The Contractor shall be liable for all damages to such struc-
tures and property and shall save and keep the Owner and Engineer harmless
from any liability or expense for injuries, damages, or repairs to same.
52. Defects. All settlements, defects, or damages in any portion of the improve-
ment caused by public travel, settlement of foundation, defective material or
workmanship, before the final acceptance of the work by the Owner shall be
repaired and made good at the Contractor's expense before the final inspec-
tion and payment are made.
53. Cutting and Patching. The Contractor shall do all cutting, fitting, or patch-
ing of his work that may be required to make its several parts fit together
or to receive the work of other Contractors shown upon, or reasonably implied
by, the plans and specifications for the completed structures, and he shall
make good after them as may be directed by the Engineer.
The Contractor shall not endanger any work by cutting, digging, or otherwise
and shall not cut or alter the work of any other contractor without the
consent of the Engineer.
54. Employment Conditions. The Contractor shall fully inform himself of all the
laws, decrees, rules, regulations, and all ordinances which will prevail,
relating to the employment of labor and labor rates and payment thereof, and
he shall be governed thereby and shall comply fully therewith.
Local labor, either skilled or common, shall have the preference, insofar as
it may be practicable.
55. Qualifications for Employment. No person under the age of sixteen (16) years
and no person currently serving sentence in a penal or correctional institu-
tion shall be employed to perform any work on the project under this Contract.
No person who age or physical condition is such as to make his employment
dangerous to his health or safety, or to the health and safety of others,
shall be employed to perform any work on the project under this Contract;
provided, that this sentence shall not operate against the employment of
physically handicapped persons, otherwise employable, where such persons
may be safely assigned to work which they can ably perform.
56. Employees and Equipment. All employees of the Contractor shall have such skill
and experience as will enable them to properly perform the duties assigned
them. Any person employed by the Contractor or a Subcontractor who, in the
opinion of the Engineer, does not perform his work in a proper and skillful
manner, or who is disrespectful, intemperate, disorderly, or otherwise objec-
tionable, shall at the written request of the Engineer, be forthwith discharged
and shall not be employed again on any portion of the work without the written
consent of the Engineer. The Contractor or a Subcontractor shall furnish
such suitable machinery, equipment, and construction forces as may be neces-
sary, in the opinion of the Engineer, for the proper prosecution of the work,
and failure to do so may cause the Engineer to withhold all estimates which have
G.C. - 14
/'1 •
( n
or may become due, or the Engineer may suspend the work until his requests
are complied with.
57. Superintendence. The Contractor shall give his personal superintendence to
the work or have at the site of the work at all times a competent foreman,
superintendent, or other representative satisfactory to the Owner and Engineer
and having complete authority to act for the Contractor.
Insofar as it is practicable, the individual who has been selected to represent
the Contractor shall so act, and shall follow without delay instruction of
the Engineer in the prosecution of the work in conformity with the Contract.
58. Working Hours. The work shall be done in the presence of an Engineer or
inspectors appointed by the Owner, and unless special arrangements are made
with the Engineer, work shall only be done during regularly and commonly
accepted or prescribed working hours. No work shall be done nights or
Sundays unless special permission shall be given by the Engineer.
Night work or Sunday work, in residence areas, must be conducted with a
minimum amount of noise and disturbance.
In general, Saturday work shall be at the Contractor's option; however, the
Engineer or inspector shall be notified on each Friday when the Contractor
intends to perform work on Saturday. The Contractor shall make every effort
to schedule a full crew when Saturday work is intended.
59. Detailed Estimates - Breakdown. The Contractor may be required, within ten
(10) days following the award of Contract, to furnish to the Engineer a
detailed estimate and breakdown of the Contractor's estimate of cost conform-
ing to the Contractor's bid, which estimate or breakdown shall be the basis
of estimating periodic payments to the Contractor. This estimate shall be
subject to the review and modification of the Engineer.
60. Construction Reports. The Contractor, as the work progresses, shall submit
to the Engineer schedules of actual unit costs, which schedules shall be in
such form and shall be supported as to correctness by such of the estimates
upon which they are based, as to permit the preparation or revision of
monthly estimates for partial payment.
61. Monthly Estimates - Payment. The Engineer, upon the first day of each month,
or as early as is practical thereafter, will make an approximate estimate
in writing of the materials incorporated into the work, the amount of work
performed, and the value thereof at the contract unit prices. From the total
amount so ascertained will be deducted such percentage as is outlined in the
Special Provisions of this Contract, said percentage to be retained until
after the completion of the entire work to the satisfaction of the Owner, and
the remaining percentage of the amount so ascertained will be paid to the
Contractor. In addition to the above and upon presentation of certified
copies of invoices and freight bills, an estimate shall be made for payment
of ninety percent (90%) of the value of acceptable, non-perishable materials
intended for incorporation into the completed work, suitably stored at the
site or other acceptable storage places, and which have not been used in the
work prior to such estimate.
G.C. - 15
r , t'1
No estimate other than a final estimate will be made where the value of the
work performed since the last preceding estimate is less than $1,000.00.
Not later than the 15th day of each month, the Owner will make payment to
the Contractor on the basis of a duly certified estimate as prescribed above.
62. Final Estimate - Payment. The Engineer's final estimate shall be based upon
a careful detailed estimate of the materials and equipment furnished and in-
stalled in the completed improvement according to the provisions of these
specifications. Final payment shall be made to the Contractor for any amount
remaining due upon the final inspection, testing, and formal acceptance of
the work by the Owner within thirty (30) days after the final completion and
the acceptance of work.
63. Extra, Additional, or Omitted Work —Payment. The Owner, upon proper action
by its governing body, may authorize changes in, additions to, or deductions
from the work to be performed or the materials to be furnished pursuant to
the provisions of the contract or any other contract documents.
The Owner reserves the right to increase or decrease the contract quantity of
minor bid items, and such additions and/or deductions shall not be a basis
for claims for extra compensation other than that provided in the Proposal
and these specifications.
The Owner further reserves the right to increase or decrease the contract
quantity of major bid items by an amount not to exceed twenty percent (20%)
without altering the unit price bid shown in the Proposal. Change in the
quantity of each bid item in excess of twenty percent (20%) may be accom-
plished only after a satisfactory unit price has been negotiated between the
Contractor and the Owner.
A major bid item is defined as any bid item whose total dollar extension on
the original contract equals more than ten percent (10%) of the total con-
tract amount.
Adjustments, if any, in the amounts to be paid to the Contractor by reason
of any such change, addition, or deduction, shall be deemed by one or more
of the following methods:
A. By unit prices contained in the Contractor's original bid and incorporated
in the construction contract.
B. By a supplemental schedule of prices contained in the Contractor's original
bid and incorporated in the construction contract.
C. By an acceptable lump sum proposal from the Contractor.
D. On a cost-plus basis. A cost-plus basis is defined as the cost of labor,
materials and/or equipment which will be incorporated into the completed
work, rental of construction equipment, and insurance plus fifteen per
cent (15%) of said cost to cover all other miscellaneous expenses and
profit.
E. By negotiated changes in unit prices.
G.C. - 16
n • •
No claim for an addition to the contract sum shall be valid unless authorized
by official order of the Engineer or Owner prior to the accomplishment of
the work.
64. Measurements and Quantities. All measurements and determination of quantities
shall be made by the Owner, through its proper officers , and these measure-
ments shall be final and conclusive between the parties and nothing contained
herein shall be construed as to deprive the Owner of any remedy or defense it
may have under the same for any violation of the terms or conditions of this
agreement.
65. Deduction for Uncorrected Work. If the Owner deems it expedient to accept
work injured or not done in accordance with the contract, the difference in
value, together with a fair allowance for the damages, shall be deducted.
66. Correction of Work After Final Payment. Neither the final payment nor any
provisions in the contract documents shall relieve the Contractor of the res-
ponsibility for negligence or faulty materials or workmanship within the
extent and period provided by law and, upon written notice, he shall remove
any defects due thereto and pay for any damage due to other work resulting
therefrom, which shall appear within one (1) year after date of completion
and acceptance.
67. Approval of Work. The authorized and herein described project shall be com-
pleted in all respects and all materials used in its construction and all
work thereon shall be in strict accordance with the specifications set forth
herein and in full compliance with the said detailed plans therefor, attached
hereto, and made a part hereof. All work shall be done in a first class work-
manlike manner, under the direction, and to the satisfaction, of the Engineer
and Owner, prior to being approved and accepted by the Owner.
68. Acceptance and Occupancy. Should it, in the judgment of the Owner, be deemed
advisable and to the best interests of the public, to place in use or in
service any portion or portions of the work prior to the completion and
acceptance of the whole work, such completed portion or portions as may
be ordered in writing by the Owner shall be placed in use or service and the
Contractor shall agree thereto. Such action on the part of the Owner and
the Contractor shall not be construed as a final acceptance of any portion
or portions of the work by the Owner, nor shall such action relieve the
Contractor from his liability to complete the whole of the work in accord-
ance with the plans, specifications, and construction contract. The Con-
tractor shall make no claim upon the Owner for any amount of extra compensation
because of such action, but the said Owner shall not require the Contractor
to pay the costs of operation of any portion of the work so placed in use or
operation and the said Owner shall not, by its action, subject the Contractor
to unreasonable expense in preparing separate portions of the work for use
and service prior to the completion of the shole of the work.
69. Starting in Operation. The Contractor shall furnish a skilled operator to
adjust and start all of the equipment erected and to put it in successful
operation. After the equipment has been satisfactorily adjusted, the
operator shall instruct the Owner's operators as to the proper methods
of starting, adjusting, and caring for the equipment furnished and installed
under these specifications.
G.C. - 17
r • es4s,
70. Delays - Unavoidable. If the Contractor is delayed in the completion of the
work by any act or neglect of the Owner or by any other Contractor employed
by the Owner, or by strikes, lockouts, fire, unavoidable casualties, or any
causes beyond the Contractor's control, then the time of completion may be
extended for a reasonable time, such reasonable time as the Owner may decide.
The Contractor shall, within five (5) days from the beginning of any such
delay, notify the Owner in writing of the cause of such delay.
71. The Owner's Right To Do Work. If the Contractor should neglect to prosecute
the work properly or fail to perform any provisions of this Contract, the
Owner, after three (3) days written notice to the Contractor and his surety,
may, without prejudice to any other remedy he may have, make good such
deficiencies and may deduct the cost thereof from the payment due the Con-
tractor.
72. Completion of Work. The Contractor shall commence work specified herein
within fifteen (15) calendar days after date of the Notice to Proceed issued
by the Owner to the Contractor and shall complete the work as specified, ready
for use, within the time specified in the Contract Proposal Form. In the
event no written Notice to Proceed is issued by the Owner, the contract time
as specified in the Proposal Form shall be counted from the first day of
actual work on the project.
All work shall be prosecuted in an orderly and diligent manner. The Con-
tractor shall cooperate with and conform to requests of the Owner to expedite
particular portions of the work or to suspend or transfer his operations on
any portion of the work where such alteration of the Contractor's operations
is deemed advisable by the Owner.
73. Work in Bad Weather. No construction work shall be done during stormy,
freezing, or inclement weather, except that which can be done satisfactorily,
and in a manner to secure first-class construction throughout, and then only
subject to the permission of the Engineer.
A normal amount of inclement weather shall not constitute a basis for an
extension of time under this Contract. A day lost due to inclement weather
shall be defined as a day on which the Contractor is unable to work four
(4) or more hours on a major item of construction.
Delays due to bad weather shall not be considered as a basis for time exten-
sions unless the total bad weather time exceeds ten percent (10%) of the
specified Contract time shown in the Proposal Form.
Records concerning bad weather will be maintained by the Engineer, and it is
this record that shall be used as a basis for any time extensions to be
granted.
74. Properly Ordered Materials. To be considered properly ordered materials,
the materials must be ordered from an acceptable supplier within fifteen
(15) calendar days from the award of contract date. The order must call for
delivery to meet the construction schedule required to complete the project
within the specified time.
No extensions of time will be considered for delays resulting from late
delivery of materials unless those materials were properly ordered.
G.C. - 18
(.4\ •
n
75. Requests for Time Extensions. The Contractor shall submit a statement of the
number of days lost each calendar month which he may intend using as a basis
for a claim for time extension. Said statement shall be filed in duplicate
•
with the Engineer at the same time the partial payment estimate is submitted
by the Contractor. The Engineer shall return one (1) copy of the claim for
time extension to the Contractor with appropriate comments. The Engineer's
comments shall not be construed as a formal time extension, but will indicate
the recommendations of the Engineer to the Owner.
A normal amount of inclement weather shall not constitute a basis for an
extension of time under this Contract. A day lost due to inclement weather
shall be defined as a day on which the Contractor is unable to work four (4)
or more hours on a major item of construction. Should work be stopped due to
unfavorable weather conditions for an aggregate of ten percent (10%) or more
of the total Contract time, an extension may be granted; if the total number
of days lost due to inclement weather exceeds ten percent (10%) of the total
number of Contract days. The basis for computing any such time extension
shall be the weather condition records kept by the Engineer.
76. Liquidated Damages. In the event that the Contract has not been completed
within the specified time (including approved time extensions), the cost of
excess engineering services shall be deducted from monies due the Contractor
as Liquidated Damages.
The amount of liquidated damages chargeable per day shall be as shown in the
Special Provisions and includes only actual payroll costs plus all payroll
overhead items.
On Contracts where no regular resident engineer is assigned, the Contractor
shall be charged the daily rate shown in the Special Provisions for trips
required of an engineer to make inspections after the stated completion date.
No other liquidated damages will be charged for non-compliance within the
specified time unless specifically stated in the Special Provisions.
77. Cleaning Up - Removal of Rubbish. The Contractor shall at all times keep
the premises free from accumulations of waste material or rubbish caused
by his employees or work. Rubbish and surplus material which may accumulate
during and by reason of the work herein provided for shall be removed from
the roadway, sidewalks, and intersecting street by the Contractor within
three hundred (300) feet of the finished improvement, as fast as the improve-
ment is completed, upon any part or section of the street, and such portion
of the street left clean and in good condition.
The Contractor will be required to remove all existing structures , foundations,
rubbish and debris as a part of his Contract, and shall dispose of same to
the satisfaction of the Engineer and such useful materials shall remain the
property of the Owner.
At the completion of the work, the Contractor shall remove all his rubbish
from and about the building and all his tools, equipment, scaffolding, and
surplus materials and shall leave his work clean and ready for use. In case
of dispute, the Owner may remove the rubbish and surplus materials and
charge the cost to the Contractor or the several contractors in proportion
to the amounts as shall be determined to be just.
G.C. - 19
n n
78. Owner's Right to Withhold Certain Amount and Make Application Thereof. In
addition to the payment to be retained by the Owner under the preceding pro-
visions of these General Conditions, the Owner may withhold a sufficient
amount of any payment otherwise due to the Contractor to cover: .
A. Payments that may be earned or due from just claims for labor or materials
furnished in and about the performance of the work on the project under
this Contract.
B. For defective work not remedied.
C. For failure of the Contractor to make proper payments to his subcontractors.
D. Evidence of damage to another contractor.
E. Payment of liquidated damages as specified within these General Conditions
and the Special Provisions of this Contract.
F. Reasonable doubt that the Contract can be completed for the balance then
unpaid.
The Owner shall disburse and shall have the right to act as agent for the
Contractor in disbursing such funds as have been withheld pursuant to this
paragraph to the party or parties who are entitled to payment therefrom.
The Owner shall render to the Contractor a proper accounting of all such
funds disbursed in behalf of the Contractor.
79. Termination from Breach. In the event that any of the provisions of this
Contract are violated by the Contractor or by any of his subcontractors, the
Owner may serve written notice upon the Contractor and the Surety of its
intention to terminate such Contract, such notice to contain the reasons for
such intention to terminate the Contract, and unless within ten (10) days
after the serving of such notice upon the Contractor, such violation shall
cease and satisfactory arrangements for correction be made, the Contract
shall, upon the expiration of said ten (10) days, cease and terminate. In
the event of such termination, the Owner shall immediately serve notice
thereof upon the Surety and the Contractor, and the Surety shall have the
right to take over and perform the Contract; provided, however, that, if
the Surety does not commence performance thereof within thirty (30) days
from the date of the mailing to such surety of notice of termination, the
Owner may take over the work and prosecute the same to completion by contract
for the amount and at the expense of the Contractor, and the Contractor
and his Surety shall be liable to the Owner for any excess cost occasioned
the Owner thereby, and in such event the Owner may take possession of and
utilize in completing the work, such materials, appliances, and plant as
may be on the site of the work and necessary therefor.
G.C. - 20
,n
SECTION 4
OFFICIAL WELD COUNTY CONSTRUCTION STANDARDS
* * >e * ., * ., .. ., * 4: .. .. .. * * * .. 9: .. .. *
ea.\ es'•
i
SECTION 4
The Weld County Official Construction Standards as adopted the 3rd of
January, 1973, shall be used wherever applicable to this Contract. Copies
of these standards are available at the office of the Weld County Engineer
and the office of Nelson, Haley, Patterson and Quirk, Inc.
Particular attention is directed to the sections in these standards covering
embankment, crushed base course, asphalt paving, and concrete.
i
I
SECTION 5
•
SPECIFICATIONS FOR
RIPRAP
(Index)
Paragraph Title Page
A General R - 1
B Riprap R - 1
C Construction Methods R - 1
D Measurement and Payment R - 1
* .. .. * ., is .. .. .. .. .. .. .. .. .. .. .. .. .. ..
eTh �1
SPECIFICATIONS FOR
RIPRAP
A. General. Work covered by this section shall include providing the
materials, labor, and equipment necessary to construct riprap at
locations as directed by the Engineer.
B. Riprap. Riprap shall consist of broken stones, concrete, boulders, or
large rock. Individual stones or boulders shall be dense, sound, resis-
tant to abrasion, and shall be free of cracks, seams, and other defects
which would tend to increase their destruction by water and frost action.
The gradation of the materials used to form the riprap shall fall within
the following limits: The maximum stone weight shall be 200 pounds.
50 percent of the stones shall weigh more than 100 pounds, 30 percent
shall weigh between 40 and 100 pounds and 20 percent shall weigh less
than 100 pounds. Material sources shall be selected by the Contractor
and approved by the Engineer prior to the start of construction.
C. Construction Methods. The riprap shall be placed uniformly, by hand if
necessary, to insure that a uniform surface is constructed and that the
smaller rock fragments fill the voids in the riprap layer. The riprap
layer shall be compact, uniform in appearance, and be of the specified
thickness.
D. Measurement and Payment.
1. Riprap. Payment for this item shall be made at the unit price bid
per cubic yard of riprap in place, as shown in the Proposal Form.
Payment for this item shall be full compensation for furnishing all
materials, labor, and equipment necessary to place riprap.
R. - 1
�-, -
SECTION 6
CORRUGATED METAL PIPE
r'`
i
CORRUGATED METAL PIPE
Work covered by this section shall include providing the materials, labor,
and equipment necessary to install culverts in locations as directed by the
Engineer. Pipe shall be purchased for use by Weld County at Ranch Wholesale
in Greeley, Colorado. Sales tickets shall be kept for the County records.
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