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Home My WebLink About730903.tiff fir CONTRACT DOCUMENTS AND SPECIFICATIONS FOR CONSTRUCTION OF BRIDGE AND ROAD REPAIRS IN PLATTEVILLE AND GREELEY AREA NELSON, HALEY, PATTERSON & QUIRK, INC. ATE OF COLD ADO / i COUNTY OF WELD ss. Fil;:f . i ih^ Clerk of the u^o:.rd of Cou ay Comm cci.,,.,s • JUL 2i 1973 ENVIRONMENTAL /� y/� nn/Rv I cauv !FA r AND erroaD=a Ty' 730903� coNsuLTANTs _ ADDENDUM N0. 1 TO THE CONTRACT DOCUMENTS AND SPECIFICATIONS FOR CONSTRUCTION OF BRIDGE AND ROAD REPAIRS IN PLATTEVILLE AND GREELEY AREA Project No. 73 1 LDV 0242 July 11, 1973 • The following changes and/'or additions to the Construction Plans and <. Specifications for the above .project are hereby made effective on the date :shown above. CONTRACT DOCUMENTS AND SPECIFICATIONS The pits for embankment and gravel surfacing that are listed in these specifications have been located by the Owner (Weld County) in order that an acceptable source or embankment and gravel is available for each Office of Emergency Preparedness Item of work. Alternate sources of material of equal or less cost are acceptable if approved by Weld County as specified in the Gravel Surfacing section o= these specifi- - cations. The following arrangements and royalties to be paid to the Owners have been arranged for. The Kurtz Gravel Pit is located on the St. Vrain River in Section 16, Township 3 North, Range 67 West, one and one-half miles north of Colorado State Highway No. 66 and Gowanda. The top soil (approximately 2 feet deep) is to be removed and stock piled and then an approximate ' 8 foot face can then be dug down to the water table. The top soil is to be replaced where the gravel has been removed. A royalty of 25 (twenty-five cents) per ton is to be paid the Owner, Kurtz Cattle Conpnay. The Kurtz scale may be used to verify truck weights and gravel tonage. The Kurtz embankment pit which is composed of clay is located in their cattle feeding yard in Sections 29 and 30, Township 3 North, Range 67 West on Colorado State Highway No. 66. An approximate 10 foot face can be worked. A royalty of 1St (fifteen cents) per cubic yard is to paid the Owner, Kurtz Cattle Company. An alternate gravel pit has been located- at Masters- for use in the eastern part of the County. The Owner is Mr. Lamont and the location is Section 17, Township 4 North, Range 61 West at the edge of the river bluff, north of the Union Pacific Railroad. The royalty to be paid the Owner, Mr. Lamont, is 25 (twenty-five cents) per ton. The overburden appears to be 5 to 10 feet deep with the gravel face being 10 to 20 feet deep. Bid Opening: NELSON HALEY, PATTERSON and QUIRK, INC. July 16, 1973 1:33 �..'f /i...:� rte - 'Paul �.. P. E. 6 L. S i . 1'uLct3Ci?� S. Project Manager ---- - ---- -- '------ �.:._...��:--.,. •----- - .iC7,7.747,:.. a �:.,� •'h•:set r,•=_._...i,�. n_-7" ..�:�': ie.:;a. :.Y:i:. �.,s r'.l. _ S _ _.1JL_;''��ti 11. CERTIhICATE OF INSURANCE ,i;:,, I:-:,' il,„. This is to certify that the policies listed in this Certificate hose been issued to the Named Insured by the Company designated =' �:,1 below. This Certificate does not amend, extend or otherwise alter the terms, conditions or exclusions of such policies. L ii` I=I: Iss:;zd To INa!nz and Address) I. } l r is 11 il:. . :Pi':1 Weld County tl-.•I c...! `'�I Weld County Courthousekiil �` Greeley, Colorado 1rT `i 41 I i'y'St ili I 'ii ";,� Named Insured and Address: r,,, Mountain Aggregates , Inc. ;i=a• lF'I Ik'-'1 P. Oo Box 10 , Platteville , Colorado .I-ti r.. _ 0 -- 1(H`: Limits of Liability ,.`.`-':'j :' Policy Number Policy Term Type of Insurance Bodily Injury Property Damage I c I — PJ 32522 5/1/73-74 Workmen's Compensation Statutory ;,,I k* $ ,000 Each Person I �K1 = l I:_: Employers' Liability $ ,000 Each Accident ::::...,;:.'ll .1 !.r�!!Iw•I $ ,000 Medical-Each Person': i' 1CC 601104 Comprehensive Automobile $ 500 ,000 Each PersonS; ., „ 4/1/73-74 l 1 Liability $ 500 ,000 Each Occurrence $ 250 ,000 l '`;:4 Comprehensive General $ 500 ,000 Each Occurrence $ 250 ,000I :-�, 1CC 601104 4/1/73-74 Liability Aggregate Operations $ 250 .000 'a 1" .mNi Aggregate Protective $ 250 ,000 ; :::! I'�I Including Blanket Aggregate Completed l `-g 1:-'5i In 1 Contractual Liability -::::: �...:j Il $ 500 ,000 Operations and Products S 250 ,000 ;••i1 r°: I ' 1 Manufacturers' and $ ,000 Each Occurrence S ,000 1t=11 loll I,.. ,:,..' Contractors' Liability Aggregate $ ,000 IF°.I, 11 !� •', :1 Owners', Landlords' and $ ,000 Each Occurrence $ ,000;:-.,1: It;,1 Tenants' Liability Aggregate $ ,0001 •; II "_`'• Completed Operations and $ ,000 Each Occurrence S ,000 r_.1 4-7''. Products Liability $ 000 Aggregate $ ,000 ; : I I;::.;, i �",7 Contractual Liability $ ,000 Each Occurrence $ ,000 ,1:wi' c=-•�i Aggregate $ ,000 CEP 34553 4/1/73-74 Comprehensive Excess $ 1 ,000 ,000 Each Occurrence Combined Personal I'`� _� ;'-•'": Injury a^d ' =: Indemnity $ 1 ,000 ,000 Aggregate Property Damage . 1 I I zv .r '1 �Ell l` '4;4,Description and location of operations and automobiles covered: r t' IC��' '��' �!J � Bridge and road repair in Platteville and Greeley area , Weld County, Colorado il! I IM HI 1p.1 E .,sa I� _! ?II lies ; i.:, I::. . ,,it'F 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, ;:=+ l`=1. but assumes no responsibility for failure to do so. I'''=1 I '' FLOOD & PETERSON, INC . i � I:.. �; [� UNITED STATES FIDELITY AND GUARANTY COMPANY ;t:.<� _+ h~'i �. ! Fi FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. 1, /, 1.,,• '` Date July 23, 1973 �y�/� •-�'" • �—_��„ _ r... ., - — - - - - - _ Gen. 349 (1-73) " / Y CONTRACT DOCUMENTS AND SPECIFICATIONS FOR CONSTRUCTION OF BRIDGE AND ROAD REPAIRS IN PLATTEVILLE AND GREELEY AREA Project No. 73 1 LDV 0242 July, 1973 OEP DESIGNATIONS 5-1'7, 5-18, 5-38, 5-46 NELSON, HALEY, PATTERSON and QUIRK, INC. Engineering Consultants t TABLE OF CONTENTS Title Section Contract Documents . . . . Section 1 Special Provisions SeJation 2 General Conditions - Section 3 Official Weld County Construction Standarc_s Section 4 Riprap Section 5 Corrugated Metal Pipe Secticr. 6 Location Map Seaticn 7 • .. 3: .. .. .. ?: .. .. SECTION 1 CONTRACT DOCUMENTS • -h..-.._ (Index)_ ADVERTISEI•1ENTi FOR BIDS CONTRACTOR PROPOSAL CONTRACT PERFORMANCE, PAYIE TP, AND MAINTENANCE BOND • .. .. .. ': .. * o't :'; .. .. ^ WELD COUNTY,' COLORADO ACCCUUYING DEPARTMENT � Q I D RCOU:ST • No. • DATE: July 5, 107.,, I. NOTICE TO.BIDDERS SEALED RIDS WILL EE RE=CEIVED AT THE OFFICE OF THC CHIEF ACCCUNTING OFFICER, WELD CnUIITY COURTHOUSE GFEELCY, COLOPU:0, UNTIL. 1_:30 P.r`I.� Monday, July 16, 1973 construction aII services FOR FURN I SH I₹C QZi1C0 OF GELD COUNTY FOR THE FOLLOWING MERCHANDISE OR EQUIP;.!CNT: 0_ Emergency Preparedness Item Nos. 5-17, 5-18, 5-38 and 5-46 for Weld County Bridge and Road repairs, quantities as follows: 7,370 cubic yards embankment, 575 tons crushed base course, 2070 tons gravel suvfacing, 170 tons of asphalt pavement, 20 cubic yards riprap, 1C4 lineal feet of relaying 48" x 76" corrugated metal pipe arch, 60 lineal feet of 24 inch corrugated metal pipe, 60 lineal feet of 48 inch corrugated metal pipe and miscellaneous bridge r pair. II. INVITATION TO B I D . SEALED BIDS, SUBJECT TO THE CONDITIONS AS SHOWN HEREIN, ARE REQUESTED ON THE FOLLOWING LIST OF ARTICLES OR 5;.:nv r cr.5 w t'rH DELIVERY TO Platteville and Greeley Area? Weld County, Colo. THr7 cs5T I NAT ION, A'.:D 10 I NCLU.:.E ANY CHA—;GES FZ;; rri41 GHT, DELIVERY, CONTAINERS, PACKAGING, ETC. xxxxx ixxxxxuafifoovixawx VOIW,OMTXXXXXXXXXWXXMXXXXXXXXXXIM. Plans and Specifications are available at the office of Nelson, Haley, Patterson and Quirk, Inc. , 2021 Clubhouse 'Drive, Greeley, Colorado. III. INSTRUCTIONS TO BIDDERS �. PROPOSALS SMALL BE TYPEWRITTEN OR WRITTEN IN INK ON THE FORM PREPARED BY THE COUNTY. OFFICIALS OF CORP- ORATIONS SHALL DESIGNATE THEIR OFFICIAL TITLE; PARTNERS OR SOLE OWNERS SHALL SO STATE, GIVING THE FAMES OF ALL U,TERESTED PARCIES. ALL coRaCCTIo₹ s OR ERASURES $HALL BE INITIALED BY THE PERSON SIGNING THE BID. 2. A c i tosn $}!ALL NOT STIPULATE IN HIS 1'FOPOSAL ANY CONDITIONS NOT CONTAINED IN THE SPECIFICATIONS UNLESS SPECIFICALLY REQUESTED IN TH•E SPECIAL U''STRUCT I ONS. ANY PROPOSAL WHICH FAILS TO CO 4PLY WITH TKE LITERAL LETTER or THESE INSTRUCTIONS AND THE SPEcIrICATIous MAY DE REJECTED FORTHWITH. 3. I•';-EN APPROXIMATE QUANTITIES ARE STATED, THE COUNTY RESERVES THE RIGHT 10 INCREASE OR DECREASE Tiil_ QUANTITY 43 BEST FITS ITS NZCDS. . iJHEEEVER REQUESTED, SAMPLES OR DESCRIPTIVE MATTER SHALL BE FILED PRIOR TO THE OPENING OF BIDS. 5. I u SUI•N I T T I NG TEE PROPOSAL, THE VENDOR AGREES THAT ACCEPTANCE OF ANY on ALL BIDS BY THE COUNTY WITHIN A rEASOnAnE TIME OR PERIDO CONSTITUTES A CONTRACT. No DELIVERY SHALL EEcomc " hJ.`'CE:ASc" ORDER $i �. OJc 03 L�£ ACCEPTED UNLESS A TALL FIRST HAVE BEEN ISSUED BY THE CHIEF ACCOUNTING OFFICER Or tdELD COU₹lTY. IT IS UNDER- STOOD THAT IT IS E.ECESEARY rO'I ALL INVOICES VOICES TO BE MADE OUT TO WELD COUNTY, COLORADO, EOT TO THE DEPAP 4O1 S_'C_SING THE MEI',CEtNDISt. 6. IT IS UNDERSTOOD THAT T}Y£ BOARD OF COlherY CONMISSIONERS OF WELD COUNTY RES_.VZS THE RIGHT TO REJECT ANY OH ALL D I O S, TO .'A1 VE ANY INFORMALITIES IN BIDS, AND TO ACCEPT THE BID THAT, IN THE OPINION OF THE SOARD, IS TO TH-. (JEST Ir`₹TERESTS OF THE BOARD AND OF THE COUNTY OF ;:zLD, STATE OF COLORADO. j. VISCOUNTS WILL 8E FICU€:'. D FROM THE CATS OF LEL1VEfY AHD ACCEPTANCE or THE ARTICLES, OA IN THE CASE OF IN-- COr:.ECT tiiVO10E, fgCM THC DATE OF RECEIPT OF CORRECTED INVOICE, Ir• THIS EE SUBSEQUENT TO DELIVERY AND AC- V: rAI:O . S. IN O£TCNIIHINiG imr LOWEST RESPONSIBLE nit), THE. COUNTY WILL CONSIDER ALL ACCER1,iBLE BIAS ON A akS1c' OF THE NET PRILE TO EE PAID AFTER DEOLIOTION OF THE DISCCUar SPECIrIED BY THE BIDS. 9. THE SUCCESSrUL, BIDDER SHALL IFlOEMIJITY PIO SAVE N...R'lLESS VELD COUNTY AGAINST ALL CLAIMS FOR ROYALTIES, FOR P T.:MT5 U! SUIT FOR I::FRIPGE.IENT TNEPCON f:₹llCft ₹₹AY BE INVOLVED IN THE MANUFACTURE OR USE CF THE MATERIll YO RE FU N I S:. ��. . _. :'LL ::;�� :!i:�!L <i!:?:.i;1 TH_ PROPERTY OF THE SELLER `IT U :L I"".L1VGitO TO AND 1=C':t'TCO BY THE I..GUiiTY„ 1 11• T" 5z !`lSTRUCTl0715, Ti•ii= .DrC?C C. � �1 oRm AND SPECIFICATiOns HAVE SEEM /..,'LOPED MITH THE HOPE or RAlsrNG THE STANDARD OE PURCHASE N EGOTIAT. , TO A sATISFACTOAY PLANE SO THAT .ALA TRANSAcTION5 WILL BE NuTUALLY SAT- IsFACTORY TO ALL CONCERNEO. YOUR COOPERATION IS INVITED. GENERAL SPECIFICATIONS, CONDITIONS AND IITORMATION C=::SN: THE EQUit=MENT SMALL £'E MANUFACTURER'5 LATEST MODEL OF PPODUCTiON. HE EQUIPMENT SHALL 3E OF supER- IOR QU LI y AND SUIEABLE TO THE USE FOR WHICH IT €S INTENDED. THE TECHNICAL DESIGN SHALL BE IN LINE WITH THE BEST PRACTICE IN THE INDUSTRY Ann THE MATERIALS AND WORXmAHSH1P ENTERING INTO THE GO`sTRuC- TION SHALL SE OF THE KINDS AND QUALITIES WHIC'1 WILL INSURE LONG LIFE, DEPENDABILITY ANN L Y DUSTS OF MAINTAINING AND REPAIRi G. • STANOASO: THEN T.yE NORO ^STANDARD„ IS USED iN THIS SPECIFICATION TO DESCRIBE AN ITEM nF EQUIPMENT OR AM ASSEMBLY, IT SHALL BE CONSTRUED TO MEAN THAT THE ITEM CR ASSEMBLY SO DESCRIBED SHALL BE THE LATEST REGULAR CURRENT PRODUCT OF THE NAHuFACTURER THEREOF, IDENTIFIED. BE A MODEL OR OTHER DESIGNATION, WITHOUT THE MODIFICATION OR OMISSION OF ANy OF ITS USUAL PARTS OR THE SUBSTITJT;ON OF OTHERS THERE— FOR, EXCEPT AS HEREAFTER SPECIFIED, DETAILS, CAPACITIES AND rRATING5, CONFORMING IN EVERY PESPECT TO THE S.;:D mANu ACTURER'5 CATALOSUE OR OTHER PRINTED HATTER DESCRIBING THE ITEM OR ASSEMBLY. STANDARD SUB—ASSEMBLIES, ACCESSORIES, FITTiNGS,AHD FINISHES SHALL BE CONSTRUED TO BE THOSE WHICH ARE REGU— LARLY FURNISHED AS A PART OF THE PRINCIPAL UNIT CR ASSEMBLY AND I NCLUDEO IN THE•SE:LU NG PRICE THEREOF. • A MANUF ACTuPER wHO HAs BEET-, ENGAGED IN THE BUSINESS OF FABRICATING THE EQUIPMENT SPECIFIED FOR A R_ASoN— A5`-E PERIOD OF TIME PRIOR TO THE DATE SET FOR OPEN1"•`G OF BIDS, AND WHO CAN DEMONSTRATE TO THE SATISFACTION C' THE: COUNTY THAT SAID MANUFACI'tfAERHAS SUCCESSFULly inSTALLED EQUIRMENT OF THE TYPE PROPOSED TO BE FUR— NISHED IN AT LEAST THREE_ INSTANCES AND THE FET'.FORmAsCE OF SUCH EQUM2MENT HAS BEEN SATISFACTORY. MANUFAC— TusERS :JHO HAVE BEEN ENGAGED IN THE BUSINESS OF MANUFACTURING SAID EQUIPMENT FOR A PERTODCF ONE YE:3 PRIOR TO 'Wilt DATE FIXED FOR 'JREHINC BIDS SHALL, PSINA FACIE, BE DEEMED TO HAVE BEEN ENGAGED 1N SUCH BUSINESS FCR A REASONABLE LENGTH Or TIME. i THE SPEC I E I C EqU I PMENT MENTIONED SHALL aE C::`DERsT00; A5 •RDfCATINO THE TY?E, FU�lc.� OF O_$}G71, ^ �r�• :,D TlC�t, Y,t:Ji?r�J41 STANDARD EFEI:•IcNC , ASIeUALiTY DESIRED ASS S1?."LE NoT SE COAsTRU_D IN SUCH A MANNER AS TO E CLUDE N N— UEACTURER'S EQU.PNENT OF GOMPA ASLE QUALITY, G ZS IGN AND EFF I C I ESCY. . "FRE--CcI.I ERY SERVICE: OFFICE EQUIPMENT 13 TO BE DELIVERED, AS DIRECTED, UNPACKED, ASSEMSLED, CLEANED AND ADJUSTED FON 1C+.' CD USE AT A LOCATION DESIGNATED BY THE CHIEF ACCOUNTING rF F;CER. MOTOR VEHICLES AND OTHER ITEMS Cr EQUIP— MENT SHALL BE READY FOR IMMEDIATE USE AT THE TIME Cr DEL!vERY TO A DESIGNATED LOCATION. THE c F ZET SHALL BE CL EAa AND ALL INSTRUMENTS PROPERLY ADJUSTED, CHECK INFLATION OF TIRES, � ..SCA • .. C.:ic,L' CRA7IXC � CG1d?LET. L'J$��SC..T:ti..1r ASE FO:T PROPER 011_ EElEL ANS ANY OT'HEP .k£R.!/if:lm NORMALLY PR^VIDED SY DEALERS, INSPE.T SL P;40'/1GEaIOi SEAL SHALL PROPER $7ATt. . OPERATING AND MAINTENANCE MANUALS SHALL BE PROVIDED AT TEE TIME OF DELIVERY. FARTS .AND PR:CE LISTS •sAEL Er4 INCLUDED IN SPECIAL EQUIPMENT CR WHEN REQUESTED BY THE COUi'1TY. >"Y.-:Cal_ci eGEt?ENT AND DELIVERY SOIEDULE Of INITIAL CRC£R: T:ti`E IS OF THE ESSENCE. A DELIVERY SCHEDULE OF NOT MORE THAN �� OF THE v44ER ;,}I;;i L B` DE_yirD REASONABLE AND CALENDAR DAYS AFTER ^.CC41?T AND SERVE THE BEET INTERESTS OF THE COUNTY• PROPOSALS r T!':5 :iCF�g�•lIL k s •• P 0.4�AL5 ::r,E�D1;4G E ILL DE REJECTED, :-'ELI`ERY WILL BE c3:.:Cs Oh OR BEFORE August 31 !C. 73 •• E SUCCESEFUE S I DOER SHALL ACKNOWLEDGE THE RECEIPT E I P7 OF TYE ORDER, AND Cr-sT � h � THE rr— 1�Y T}i� pE_1'%cP.Y S�ia��_ULir„ !ENZR.w INFOR?I.ATION C3ri'"a SHALL SuBsr i T WITH TH E 1 R r. ': 4 f 0S T1; OL�GSI I 's ;;iFO°mi'i 10'i FR:';i f Fr 'd+"' .._:i'iTC 7J Tit- -'�i :1: 1i Ii�Qa1 -! 1_'; 3:. s. _ (A) CET:ItLcJ a:COI ?PtENT SPECIFICATIONS TO IIICL'JDE THE WARRANTY. (2) CESCRIPTIV= LITE1A-MVE to'N • CONTRACTOR'S PROPOSAL BRIDGE AND ROAD REPAIRS IN PL•ATTEVILLE AND GREELEY 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 Platteville and Greeley 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 OTIldule; it be nz g understood that each of the items is to be constructed complete in place and ready for use, including all labor, materials, and expendable equipment of every kind and nature necessary to construct, install, and perform the sane, 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: r P. - 1 t TOTAL BASE BID OFFICE OF EMERGENCY PREPAREDNESS ITEM NOS. 5-17, 5-13, 5-38, 5-43 Item Description Quantity Unit Unit Cost Total Cost 1. Embankment 7,370 C.Y. $ l 56 $ /,p55. o0 2. 4" Crushed Gravel Base Course 575 Tons $ 2, -62o $. /4/37 v^ 3. Gravel Surfacing 2,070 Tons $_ 2, oo $ 4. 2" Asphalt Pavement 170 Tons $ 22 a0 $ .3, 7h, ac (Including Prime) 5. Riprap 20 C.Y. $ /D, G` $ 266, oa 6. Relay 48"x76" Corrugated Metal Pipe Arch 104 L.F. $ 6, oo $ ≥242eo 7. 24" Corrugated Metal Pipe 60 L.F. $ Cf off' $ �B 8. 48" Corrugated Metal Pipe 60 L.F. $ 20 00 $ 260, 0O 9. Miscellaneous Bridge Repair 1 L.S. $5,5a2ec $ 5 ADD. ao TOTAL BASE BID �,,2 -er� `X6445- rte/ �.-/�c��'� irry / l4/ �oe-Dollars SEE ATTACHED COUNTY OF WELD REQUEST FOR QUOTATION AND FILL IT IN FOR SUBMITTAL WITH THIS CONTRACT. P. - 2 i n 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, ard 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 try plans and specifications before preparing this Proposal and accept; 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 forty (40) calendar days after notification in writing to start work. 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: By: Title: P. - ? COMPACT THIS CONTRACT, made and entered into this 6;r1-2day 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 th .,.�� d, a„, , Party of tine U ' Second Part, hereinafter called the "Contractor". WITNESSETH: That for aril 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 Yield 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, Haler, 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 or 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 :mitten notice from the Owner to the Contractor who .hall diiiaently - 1 - t _ /"1 P1-4%, 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 attended. 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. h' Y, COLORADO � ontraet /16A7/01',6 By: Glenn K. Billings Title: ---�1 ' 'C _ ) _ Attest: (SEAL)-� -� � iiIrcY r: 5 Title: HarryJAsnley V AT TES'1. (` 'v_ AT.) : Iln ` �� ` ?Deputy County Clerk - P P-c9P44.51NCE, PAYME3T, r'•l1.1 MAINTL,NA21C -4\3;dD K;OW ALL i.LEN BY THESE r'R:.a�i TJ That we, the undersigned, � - ;' - , as Principal, d ' 0.21u- attic;under and -oLial4 vi �ow laws o, a Corporation, oroenized and existin . �s of - S�tate of and duly ayti priced to transact. b;.rsiness. in the State o ' and Surety, a e, he'd an firmly_bound unto . ? • ' • . • • �� . c, in- the. Tienal- sus: CT`1 ' Dols .� ,aP, '�3G. SQ - • ), lawY•�;]- con � � ninc� 3'ci�pCi —� - for tote >�•rent.p,= - o.� the United .States or Am .ica -..._.. .. .P-,, _. which, .yelland_truly : *- de o America, :7: 7 f._..•_a be r^.a.�._ the said Principal and the said Surety, do hereby- bind oUrseives _o�;r heirsexecutors, a - succ,ssars,- ar,,3'assi�.,- �aintl- ' • � _ administrators, . : o : ;, y and severally, 'firmly by these presents, as • - - The-condition of the above obligation is such that; whereas, the . - said Principal.has entered 'inLo a written contract with _ • - for the construction of _ . . . - the work designated hirskiiielltz located eta d tint.,,„ , n in the State of ��a_41 4, in.conformity with the drawings, plans, General Conditions, and specifications prepared by Nelson, Haley, Patterson and �!�`=ors{ Inc. , Engineering , • �� gine_ring Consultants of Greeley and Grand Junction, - Colorado, which contract, drawings, plans, General Conditioas, and specifics- - tions are hereby referred to and made a past hereof, the same to ail intents .and purposes eS if written at length herein, in which contract the said Principal has contracted to perform the work specified in said contract in accordance wx.th the terms thereof; 1`lCYt THEREFORE,•EcFOR E, THE CONDITIONS OF THIS OBLIGATION ARE SUC:i THAT the above bonded Principal shall well, C2'�!l faithfully Contra Ct lid any alterations r. additions y> and p_r=02^;1 SdJ.d ons i__ and additions thereto and comply :with all of the te=as 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 � 0-49€ _ � �.y i�.d_�_i=l t from all damages, clam , demands, expense, re of ever:. � o ,�e• -, a.c c't:a:�,_ Kind (including claims of pa teat infringement) arising from any act, omission, or neglect of said Principal, his agents, or employees with relation to said :,Yo�n-3 shall • ul?yy reimburse and repay to the o• �� , �"•�za� all costs, damages, and expenses which they ,::_j incur in :akino lgovd any default by the Principal, ar„i,.-' r�, any dpi ycLll based LpOiT tin failure 0- the Principal to fulfill ulfill his obligation to furnish maintenance, repairs, or replacements for the full guarantee periodp contained provided in the specificationsa � herein and is 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- _ mer-ts o. all mounts lawfully due to all persons supplying or furnishing him • . - - r. �• c:" hism_:-Icontra.ctors .fith labor and materials used Gs. performed 1I1 the prosecczien of. work provided for in the above s. cm-tract act and that # •'._i x-_ rsir:__mn -.- __� and save n. . _t__, � C -c fc extent of any pa ents 1n, connection with the carrying- out of such contract, then. thin _ oSllcation shall be mill and void, otherwise, 1t shall remain in full rune e`=act. _ ._ ... Knurl^n R..H:F. 'T , r value. hereby ;,,�,,,,,, F:I icy--, t�;,+ the aarety, for va_u_ received, h_reby stipulates and agrees that no change extension of time -_- o alteration, a^ addition to the terms of the contract or to the work to be. performed there- __ ... tinder, or the. specifications accompany:Pg the sc e shall in anywise affect its oblloat_ons on this bond, and it does harralq waive notice of any such change, extension of time, altemation, or additionto the terms ofth.-^. . _ contract, or to the *work, or to the sp c fications_ - I`( i?ITN-ESSn WHEREOF,�� o�said Principal_ and Surety 'nave set- their hands and seals eFiery l 9Cdr�ci� , this G: 1.1 dap o 0/ A.D. i4 -73 _ -_ Principal (C act t ) ' Ey: � , - Attest: - (SEAS,) By: ', , 4, , Attest: • (SEAL) ' ME rIETNA CAS�RLT/ AND auRETy ectiPmni lief ney -in �0.c� _ �ao ) • _ L • -� -, n • 1 .ETNA CASUALTY AND SURETY COMPANY -.��1�'•' Hartford, Connecticut 06115 LIFE 6 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 havi ig its principal office in the City of Hartford. County of Hartford, State of Connecticut, high made, constituted and appended, and does by these presents make, constitute and appoint Barney Flood, B. D. Peterson, William C. Bensler or Karen Stone - - m 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, er, if the following line be filled in, within the area there desrgnated , the fallowing Instrument lsl: by his sgle signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory m the nature of a bend, 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 AETNA 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 Secretarres.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 obligatory 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 (a) 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 (b) duly executed )under seal, if required) by one or more Attorneys-in-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 Resolution voted by the Board of Directors of THE AETNA 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 President, 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 oinding 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 THE /ETNA CASUALTY AND SURETY COMPANY By e State of Connecticut ` Secret y ss. Hartford 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 AETNA 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. •4 litt Notary Public My n e.ni„us M.ir,h 31, 115 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 20th day of July is 73. " " ,' By Gab/ic'ELI/ Secretary • ,M• bll P !WED iN U.5 A. • •"-N, �. SECTION 2 SPECIAL PROVISIONS (Index) Paragraph Title Page A C'-:ncral . q. p - 1. B Schedu:.e Dascriptions S. P. - 1 C ConstrAction Operations c, P. - 2 D Retai.n:Id Percentage S. P. _ 2 E Sales Tax Records S. P. - 2 F Liq;:id ted Damages S. P. - 2 G Eristlag Utilities S. P. - 2 H Maintenance of Traffic q. P. - 2 I Privat(dy 0gned Obstacles S. P. _ 3 J. .P}Ablic Liability And Property Damage Insurance. . . S. P. - 3 Y. Gravel Surfacing q. P. _ 3 L Relay Corrugated Metal Pips S. P. - 3 M Miscellaneous Bridge Repair q. P. - 4 I n SPECIAL PROVISIONS A. General. The Special Provisions stall govern in the event of any conflict between this section and any other part of these specifications. B. Schedule Descriptions. 5-17. Office of Er^ergency Preparedness Item No. 5-17 is located on Weld County .Road No. 28, one-half mile east of Road No. 21. The flood damage consists of roadway embankment washed out,. culverts damaged and gravel surfacing washed away. The construction repair consists of finishing the relaying of the culverts, the replacement of embank- ment and gravel surfacing. The quantities remaining to be completed in this Contract and which are included in the base bid are: 1,600 cubic yards of embankment, relay two 76" x 48" corrugated metal pipe arches, 52 feet long, and replace gravel surfacing 4 inches deep, 30 feet wide and 550 feet long. The embankment pit to be used for this schedule is located at the Kurtz Feedlot on State Highway 66 at County Road 15 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--18. Office of Emergency Preparedness Item No. 5-18 is located on Weld County Road No. 45, one-half mile north of County Road No. 54. The flood damage consists of approach washing, abutment backwall _ damage to the bridge across the Latham Ditch. Embankment and surfacing has also been washed away. The construction repair consists of replacing the embankment, the gravel surfacing and • repair to the bridge piling and abutment, backwall. The quantities retraining to he completed in this Contract and which are included in the base bid are: 2,000 cubic yards of embankment, 900 tons of gravel surfacing 4 inches deep, 24 feet wide and 1800 feet long, approximately $1,000 worth of miscellaneous bridge repair including 40 lineal feet of timber piling, 120 lineal feet of 3" x 12" treated timber planking. The embankment pit to be used for this schedule will be local and indicated by the Engineer 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--38. Office of Emergency Preparedness Item No. 5-38 is located on Weld County Road No. 32 1/2, on both sides of the Platte River. The flood damage consists of the north shoulder of the paved road having been washed array. The construction repair consists of rebuilding the shoulder and then replacing the base and surfacing. The County has already replaced the embankment, but has not replaced base or pavement. The construction repair consists of cleaning out the areas to be patched with asphalt pavement, replacing the 4 inch crushed base course, priming and laying a 2 inch asphalt pavement. The quantities remaining to be completed in this Contract and which are included in the base bid are: 575 tons of 4 inch crushed gravel base course and 170 tons of 2 inch asphalt surfacing including prime coat. S. P. - 1 4 te1 �1 5-46. Office of Emergency Preparedness Item No. 5-46 is located in various spots along Weld County Road. Nos. 30.25 and 23.25, one mile west of U. S. Highway No. 85 at Platteville. Flood damage consists of lost embankment, gravel surfacing and culverts and filled in ditches. The construction repair consists of furnishing and laying and riprepping two culverts, cleaning ditches and replacing embankment and surfacing. The quantities remaining to be completed in this Contract and which are included in the base bid are: 3,770 cubic yards of embankment, • 800 -sous of gravel surfacing, 2 inches deep and 18 feet wide, 60 lineal feet of 24 inch corrugated metal pipe, 60 lineal feel of 48 inch corrugated metal pipe and 20 cubic yards of riprap. The embankment pit to be used for this schedule is located at the Kurtz Feedlot on State Highway 66 at County Road 15 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 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, ad described in Section 3 of these specifications, shall be ten percent (10%). 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 Owner 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. G. Existing Utilities. All pipes, service lines or any other existing structures encountered during the progress of the work shall be supported so as to be kept in working position and without injury. Any damages or injury incurred by such facilities during construction or until such time as the fill shall become settleu 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 S. P. - 2 /"`• f1 ' • having jurisdiction. The Contractor will notify all residents of any 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 or 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 than $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 than $1,000,000.00 on account of one accident, and Con teact_or's Property Damage Insurance in an amount not less that. $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, gravel surfacing will be as approved by Weld County. All pits must ba approved by Weld County, 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 will be obtained at an area designated by the Director of Public Works for Weld County. L. Relay Corrugated Petal Pipe. The Contractor shall provide all material, labor, and equipment necessary to relay tl:e 76" x 48" corrugated metal pipe arch in locations indicated by the Owner adjacent to the pipe already installed. Payment for this item will be at the unit price bid per lineal foot as measured along the centerline of the pipe in place. - 3 f M. Miscellaneous Bridge Repair, County Road No. 45 over Latham Ditch. The Contractor shall provide all material including, but not limited to 40 lineal feet of treated timber piling, and 120 lineal feet of treated 3" x 12" planking; labor and equipment necessary to repair the abutment of the bridge noted in this item, Office of Emergency Preparedness Item No. 5-18. It is estimated now that this item will cost approximately $1,000. S. - . • SECTION 3 GENERAL CONDITIONS (Index) Paragraph Title Page 1. General G.C. - 1 2. Definitions C.C. - 1 3. Specification Requircments 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 C.C. - 2 7. Estimated Quantities C.C. - 2 B. Copies of Documents G.C. - 3 9. Data Sheets G.C. - 3 10. Preparation of Proposals G.C. - 3 11. Bid Security C.C. - 3 12. Execution of Documents G.C. - 4 13. Filing Bids C.C. - 4 14. Alternates G.C. - 4 15. Supplemental Unit Prices C.C. - 4 16. Notice of Award G.C. - 5 17. Definition of Notice G.C. - 5 18. Execution of Contracts and Bonds G.C. - 19. Performance Bond C.C. - 5 20. Contractor's Insurance G r, - 5 21. Royalties and Patents G.C. _ 6 22. Permits, Surveys, and Compl1inces r,ith Laws C.C. - 6 28. Subcontracting C.C. - 7 24. Assignment of Contract C.C. - 7 25. Other Contracts C.C. - 7 26. Guarantees G.C. - 7 27. License or Royalty Fees C.C. - 9 28. Materials and Workmanship C'.C. - 29. "Cr Equal Clause" - Materials C.C. - u 30. Convict-Made Materials G.C. - 8 31. Delivery of Material c.c. - 32. Intent of the Contract Documents 33. Plans and Specifications i_,C. - 34. Specifications and Plan Consistency C.C. - to 95. Alleged Inaccuracies ,�,,C�, - 10 36. Interpretation of Proposed Contract Documents. . . . c-C, - 10 37. Shop Drawings G.C. - 10 38. Engineer C.C. - 10 39. Decisions of Engineer C.C. - 10 40. Directions G.C. - 11 41. Inspection G.C. - 11 42. Final Inspection C.C. - 11 43. Testing Material G.C. - 11 et\ SECTION 3 (Index, Continued) Paragraph Title Page 44. Lines and Grades G.C. - 12 45. Work Done Without Lines Cr Grades G.C. - 12 46. Preservation of Monument and Stakes G.C. - 12 47. Use of Job Site C.C. - 13 48. Sanitary Convenience C.C. - 13 49. Protection of Work - Wdtchmen, Lights, Etc G.C. - 13 50. Accident Prevention C.C. - 13 51. Care of Existing Structures dna Property C.C. - 13 52. Defects C.C. - 14 53. Cutting and Patching G.C. - 14 54. Employment Conditions c.C. - 14 55. Qualifications for Employment G.C. - 14 56. Employees and Equipment G.C. - 14 57. Superintendence C.C. - 15 58. Working Hours G.C. - 15 59. Detailed Estimates - Breakdown C.C. - 15 50. Construction Feports G.C. - 15 61. Monthly Estimates - Payment G.C. - 15 62. Final Estimate - Payment C.C. - 16 63. Extra, Additional, or (knitted Work - Payment . . . G.C. - 16 64. Measurements and Quantities P.C. - 17 65. Deduction for Uncorrected Work C.C. - 17 66. Correction of Work After final Payment G.C. - 17 67. Approval of Work C.C. - 68. Acceptance and Occupancy C.C. - 17 69. Starting in Operation G.C. - 17 70. Delays - Unavoidable C.C. - 18 71 . The Owner's Right to do Work C.C. - 18 72. Completion of Work G.C. - 18 73. Work in Bad Weather C.C. - 18 74. Properly Ordered Materials G.C. - 13 75. Requests for Time Extensions C.C. - 19 '7 E . Liquidated Damages C.C. - 19 77. Cleaning Up - Removal of Rukbish C.C. - 19 78. Owner's Right to Withhold Certain Amount and Make Application Thereof C.C. - 2e 7_i. Termination for Breach C.C.. - Je GENERAL CONDITIONS 1. General. The following specifications are general in scope and may refer to conditions which will not be encountered in performance cf 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 /^\ 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. E. 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 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 /-r 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 hmitten below the corporate name following the word "By: If such a bid is manually signed by an official cther 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 C.C. - 4 rs‘ 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 Pcset 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 n 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 • 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 e • n 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 , plait 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 tc make a complete project, from beginning of operations until the wcrk 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 r1 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 e (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 (150), 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 (-e\ • ( 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 n 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 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 he 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 he 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 (900) 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. - 15 001 ` 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 cf each month, the Cwner 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 he 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 ter, 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 sur 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 • e'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 Comer, 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 Cwner 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 00-\ r^, 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 wcrk 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 r^, es. 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 (100) of the total number of Contract days. The basis for computing any such time extension shall be the weather condition records kept by the Engireer. 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 ,.1 tTh 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 SECTION 4 OFFICIAL FIELD COUNTY CONSTRUCTION STANDARDS /'\ SECTION 4 The Field County Official Construction Standards as adopted the 3rd of January, 1.973, 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. Farticular attention is directed to the sections in these standards cov ring embankment, crushed base course, asphalt paving, and concrete. SECTION 5 SPECIFICATIONS FOR RIPRAP (Index) Paragraph Title Page A General F' l B Riprap R - l C Construction Methods • P - 1 D Measurement and Payment R - l . :: . .. i n 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. Pi.prap. 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. SO 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 /1..\ 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. . AA •-e. • 1 a. ..1 • ••,,,:..j. �'' / '.11.....".1 •�•H ':.. •17'} '. • J , .�Si. • .:72.. 1/.1,�,•ar'e ''�.—,=t,• "�• • •• 1• `�•,.• •...6. • _ CT--". ft 7:::•••�a'�^'•.C/r-s��`.. •a • aN. t: . ;._ a l .,. I•• T0.•....• ;` 6:-.... `.•----,fir:?•.r"is j 1�: -�r�-'. r._,.._r_.2.' }•yb iu ir"-•syi -.- •H*�x��` `t ,• + 4• �� ».. 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