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ACCEPT BID FOR CONSTRUCTION AND
ROAD REPAIRS IN THE WATTENBURG AREA
MOUNTAIN AGGREGATES INCORPORATED:
WHEREAS, sealed bids dated June 15, 1973, addressed to the
Chief Accounting Officer, for Weld County, Colorado, for the
construction services of county roads and bridges as listed in
schedules 5-4, 5-7, 5-9, 5-10, 5-11 , 5-12, 5-13, which were
destroyed by the 1973 flood, and
WHEREAS, Mountain Aggregates Incorporated of P. O. Box
10, Platteville, Colorado, did submit the only bid for the
construction services of roads and bridges in the Wattenburg
area, and
WHEREAS, the Board believes it to be in the best interests
of the County to accept the aforementioned bid.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County
Commissioners of Weld County, Colorado, that the bid as submitted
by Mountain Aggregates Incorporated for the construction services
of roads and bridges in the Wattenburg area, in the amount of
$24,530.00, be and the same is hereby accepted upon the condition
that the performance and payment bond meets specifications. A
copy of the bid is attached and made a part of this resolution.
The above and foregoing resolution was, on motion made
and seconded, adopted by the following vote:
AYES:. ile? ;f�� ,2-
//((<((--(H/ ✓%
d, rC _- , : �i-� Circe
THE 4 R fa COUN'f7 COMMISSIONERS
WELD COUNTY, COLORADO
DATED: JUNE 20, 1973
730947
„7/2/.. ..99. //33
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR CONSTRUCTION OF
ROAD REPAIRS IN
WATTENBERG AREA
WELD COUNTY, COLORADO
Project No. 73 1 LDV 0234
June 1973
OEP DESIGNATIONS
5-4, 5-7 &
5-9 to 5-13
NELSON, HALEY, PATTERSON and QUIRK, INC.
Engineering Consultants
Greeley, Colorado
• TABLE OF CONTENTS
Title Section
Contract Documents Section 1
Special Provisions Section 2
General Conditions Section 3
Official Weld County Construction Standards Section 4
Riprap Section 5
BG * .. * * X .. .. .. .. .. ]Y SAC .. * iC * )i .. ..
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Weii Lo'• C�lGC ORDER NO.
DATE July 17, 1973
PROJECT Road Repairs - Watttenberg Area PROJECT N0. 7s 1 I�PV 0)34
OWNER Weld County, Colorado CONTRACTOR Mountain Aggregates,, Inc.
DESCRIPTION OF CHANGE - That said Contract shall be changed in the following particulars:
Add portions of Office of Emergency Preparedness Item 5-3 on County Road 2 over a distance
of 0.6 mile from the Platte River Bridge west. Add 1.,000 cubic yards of embankment, 1,120
tons 2" asphalt pavement and 2,050 tons of crushed base course material.
and that after the said changes shall have been made with additions and/or deletions are
hereby directed to be a part of the original Contract, the agreement as shown by the
original Contract together with the above--named additions and/or deletions shall consti-
tute the agreement and Contract of the parties hereto.
JUSTIFICATION
Weld County prefers to let the asphalt surfacing to contract.
CHANGE IN CONTRACT COST
Item Description Quantity Unit Unit Cost_ Total Cost
1 Embankment 1.,000 o.4, $ . r0
2 Crushed Base Course Material 2,050 ' Pon 600.00_
$ � ' �0 $ G 150. 00 4 2" Asphalt Pavement (Tnc. Prime) 1,120 Tons $ 1O. 0 $ 11 , 200. 00
$ $
Total Amount This Change Order $ 17 A 0. 00
Net of Previous Change Orders (+) (-) $ o 00
Original Contract Amount $ a4, 53 QsaQ__
Revised Total Contract: Amount - $ 42.480.00
CONTRACT TIME
Original Completion Date July 31, 1073 Previous Days Allowed 37
Days Allowed This Change Order 31 Revised Comple ' n Date Auv. 31, 19.M
Recommended: Approved: -- tit �5t ee-7,-� i _
OWNER Y
NELSON, HALEY, PATTERSON and QUIRK, INC.
'O MEr.
Field Representative B iLDe®utv Count yClerk
Date: 4-14-C - 7-/f-73
Mountai Age ?.gates nc.
Approved: gie-- ���P�� l T Contra r
Project Manager By: Pres.
Date: It /9 /�7j-3 Date:
.
ll
CERTIFICATE OF INSURANCE ''
:71I This is to certify that the policies listed in this C':ertificate have been issued to the Named Insured by the Company designated
below. This Certificate does not amend, extend or otherwise alter the terms, conditions or exclusions of such policies.
Issued To !Name and Address) .ift).
r -i
u.
"' Weld County Board of Commissioners '1
Weld County, Colorado
€:I Ail
1 F_
,V? b:
c 1 Named Insured and Address: ;-
Mountain Aggregates, Inc,
P. O, Box 10, Platteville, Colorado it;
a Policy Number Policy Term Type of Insurance Limits of Liability .,
Bodily Injury Property Damage
r. O-PT 32522 5/1/73-74 Workmen's Compensation statutory ,
$ ,000 Each Person a
Employers' Liability $ ,000 Each Accident
r`
$ ,000 Medical-Each Person
1CC 601104 4/1/73-74 Comprehensive Automobile $ 500 .000 Each Person
Liability $ 500 ,000 Each Occurrence
$ 250 ,000 ,'?I
Comprehensive nsive General $ 500 ,000 Each Occurrence $ 250 000
1CC 601104 4/1/73-74 Liability Aggregate operations $ 250 00011
"I Aggregate Protective $ 250 000
Including Blanket '
I"5'. A. Contractual Liability Aggregate Completed E•'
j.. $ 500 ,000 Operations and Products $ 250 ,000 I '31
I=rd Manufacturers' and $ ,000 Each Occurrence $ ,000 E:.'°
,_;j Contractors' Liability Aggregate $ ,0001
Owners', Landlords' and $ ,000 Each Occurrence $ 000 1•jl
Tenants' Liability Aggregate $ ,000,, '!.,
tr•rffl Completed Operations and $ ,000 Each Occurrence $ 000 r
Products Liability $ ,000 Aggregate $ 000 o',
,', Contractual Liability $ ,000 Each Occurrence $ ,000 :D
Aggregate $ ,000
tl
a CEP 34553 4/1/73-74 Comprehensive Excess $ 1,00Q 000 Each Occurrence comb^,ary anraoeai
Indemnity $ 1 .000000 Aggregate Property Damage
S14I Description and location of operations and automobiles covered:
l'
Construction of road repairs in Wattenberg area, Weld County, Colorado :. '
I ll I
I ,•,,
f k,
I€
1--
,-,,
Ii 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 r '-
"{ but assumes no responsibility for failure to do so.
® UNITED STATES FIDELITY AND GUARANTY COMPANY
FLOOD & PETERSON, INC , k,
I
! ❑ FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. 1
I Date June 20, 1973 By
_ •r
n
Gen. 349 (1-73) ..
SECTION 1
CONTRACT DOCUMENTS
(Index)
ADVERTISEMENT FOR BIDS
CONTRACTORS PROPOSAL
CONTRACT
PERFORMANCE, PAYMENT, AND MAINTENANCE BOND
WELD COUNTY, COLORADO --�
ACCOUNTING DEPARTMENT- BID REQUEST
DATE: June 15, 1973
No.
I. NOTICE TO BIDCERS •
SCALED BIDS WILL BE RECEIVED AT THE OFFICE OF THE CHIEF ACCOUNTING OFFICER, WELD COUNTY COURTHOUSE,
GREELEY, COLORADO, UNTIL 1:00 P.M. , Wednesday, June 20, 1973 FOR FURNISHING
construction services OF MELD COUNTY FOR THE FOLLOWING MERCHANDISE OR EQUIPMENT:
Schedules as attached for Weld County Road Repairs as follows: Schedules 5-4, 5-7, 5-9, 5-10,
5-11, 5-12, 5-13.
13,580 Cubic yards Embankment, 1040 Tons Crushed Base Course, 2900 Tons Gravel Surfacing,
110 Tons Asphalt Pavement, 60 Cubic yards Riprap, 60 Lineal feet of 48 inch Corrugated Metal Pipe
and Miscellaneous Bridge Repair. II. INVITATION TO BID
SEALED BIDS, SUBJECT TO THE CONDITIONS AS SHOWN HEREIN, ARE REQUESTED ON THE FOLLOWING LIST OF
ARTICLES 02 SERVICES WITH DELIVERY TO Wattenberg area, Weld County, Colorado THE DESTINATION,
AND TO INCLUDE ANY CHARGES FOR FREIGHT, DELIVERY, CONTAINERS, PACKAGING, ETC. BIDS MUST BE ENCLOSED 1N ENVE-
LOPES FURNISHED BY THE ACCOUNTING DEPARTMENT.
•
III. INSTRUCTIONS TO BIDDERS
1. PROPOSALS SHALL BE TYPEWRITTEN OR WRITTEN IN INK ON THE FORM PREPARED 8Y THE COUNTY. OFFICIALS OF CORP-
. ORATIONS SHALL DESIGNATE THEIR OFFICIAL TITLE; PARTNERS OR SOLE OWNERS SHALL SO STATE, GIVING THE NAMES
OF ALL INTERESTED PARTIES. ALL CORRECTIONS OR ERASURES SHALL BE INITIALED BY THE PERSON SIGNING THE BID.
2. A BIDDER SHALL NOT STIPULATE IN HIS PROPOSAL ANY CONDITIONS NOT CONTAINED IN THE SPECIFICATIONS UNLESS
SPECIFICALLY REQUESTED IN THE SPECIAL INSTRUCTIONS. ANY PROPOSAL WHICH FAILS TO COMPLY WITH THE LITERAL
• LETTER OF THESE INSTRUCTIONS AND THE SPECIFICATIONS MAY BE REJECTED FORTHWITH.
3. WHEN APPROXIMATE QUANTITIES ARE STATED, THE COUNTY RESERVES THE RIGHT iD INCREASE OR DECREASE THE QUANTITY
AS BEST FITS ITS NEEDS.
4. t:HEN£VER REQUESTED, SAMPLES OR DESCRIPTIVE MATTER SHALL B£ FILED PRIOR TO THE OPENING OF BIDS.
5. IN SUBMITTING THE PROPOSAL, THE VENDOR AGREES THAT ACCEPTANCE OF ANY OR ALL BIDS BY THE COUNTY WITHIN A
REASONABLE TIME OR PERIOD CONSTITUTES A CONTRACT. No DELIVERY SHALL BECOME DUE OR 9E ACCEPTED UNLESS A
PUFCHASE ORDER SHALL FIRST HAVE BEEN ISSUED BY THE CHIEF ACCOUNTING OFFICER OF WELD COUNTY. IT 1S UNDER-
STOOD THAT IT IS NECESSARY FOR ALL INVOICES TO BE MADE OUT TO WELD C ,UNTY, COLORADO, NOT TO THE DEPART-
MENT SECURING THE MERCHANDISE. �
6. IT IS UNDERSTOOD THAT THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY RESERVES THE RIGHT TO REJECT ANY
OR ALL BIBS, TO WAIVE ANY INFORMALITIES IN BIDS, AND TO ACCEPT THE BID THAT, IN THE OPINION OF THE DOARD,
IS TO THE BEST INTERESTS OF THE BOARD AND OF THE COUNTY OF FIELD, STATE OF COLORADO.
7. DISCOUNTS WILL BE FIGURED FROM THE DATE OF DELIVERY AND ACCEPTANCE OF THE ARTICLES, OR IN THE CASE OF 1N-
COPRECT INVOICE, FROM THE DATE OF RECEIPT OF CORRECTED INVOICE, IF THIS BE SUBSEQUENT TO DELIVERY AND AC-
CEPTANCE.
8. IN DETERMINING THE LOWEST RESPONSIBLE DID, THE COUNTY WILL CONSIDER ALL ACCEPTABLE BIOS'ON A BASIS OF THE
NET PRICE TO BE PAID AFTER DEDUCTION OF THE DISCOUNT SPECIFIED BY THE BIDS.
9. THE SUCCESSFUL BIDDER SHALL INDEMNITY AND SAVE HARMLESS MELD COUNTY AGAINST ALL CLAIMS FOR ROYALTIES, FOR
PATENTS OR SUIT FOR INFRINGEMENT THEREON WHICH PAY BE INVOLVED IN THE MANUFACTURE OR USE OF THE MATERIAL
TO DE FURNISHED.
10. ALL GOODS SHALL REMAIN THE PROPERTY OF THE SELLER UNTIL DELIVERED TO AND ACCEPTED BY THE COUNTY.
INSTRUCTIONS, THE PROPOSAL FORM AND SPECIFICAMoNS HAVE BEEN DEVELOPED WITH THE HOPE OF RAISING THE
STANDARD OF PURCHASE NEGOTIATN—Ns TO A SATISFACTORY PLANE SO THAT TP,ANSACTIoNs WILL BE MUTUALLY SAT—
ISFACTORY TO ALL CONCERNED. JR COOPERATION tS INVITED.
GENERAL SPECIFICATIONS, CONDITIONS AND IN ORMATICN
•
DESIGN; THE EQUIPMENT SHALL _E MANUFACTURER'g LAT£5T pooEL OF PRODUCTtON. THE EQUIPMENT SHALL BE OF SUPER-
IOR QUALtl-Y AND SUSTABLE TO THE: USE FOR WHICH IT IS INTENOED. THE TECHNICAL DESIGN SHALL BE IN LINE
WITH THE BEST PRACTICE IN THE INDUSTRY AND THE MATERIALS AND WORKMANSHIP ENTERING INTO THE CONSTRUC-
TION SHALL EE OF THE KINDS AND QUALITIES WHICH WILL INSURE LONG LIFE, DEPENDABILITY AND LOW COSTS OF
MAINTAINING AND REPAIRING.
STANDARD: WHEN THE NORD "STANDARD" IS USED IN THIS SPECIFICATION TO DE5CRIBE AN ITEM OF EQUIPMENT OR AN
ASSENNFLY, tT SNEEL BE CONSTRUED TO MEAN THAT THE ITEM OR ASSEMBLY SO DESCRIBED SHALL BE THE LATEST
REGULAR CURRENT PRODUCT OF THE MANurACTURER TNERE0F, IDENTIFIED BY A 1.400EL OR OTHER DESIGNATION,
WITHOUT THE kODIFICATI NOR OmISSIGY OF ANY OF ITS USUAL PARTS OR THE SUBSTITUTION CF OTHERS TH'ERE-
FOR, EXCEPT AS HEREAFTER SPECIFIED, DETAILS, CAPACITIES AND RATINGS, CONFORMING IN EVERY RESPECT TO
THE SAID mANuFACTuRER'S CATALOGUE OR OTHER PRINTED NATTER DESCRIBING THE ITEM OR ASSEMBLY. .STANDARD
SUB-ASSENBLIFS, ACCESSORIES, FITTINGS, AND FINISHES SHALL BE CONSTRUED TO BE THOSE WHICH ARE REGU—
LARLY FURN(5HCD AS A PART OF THE PRINCIPAL UNIT OR ASSEMBLY AND (NCLUDEOIN THE-SELLING PREE THEREOF.
REPUTABLE MANUFACTU2ER EEF I NEO:
A MANUFACTURER WHO HAS BEEN ENGAGED IN THE BUSINESS OF FABRICATING THE EQUIPMENT SPECIFIED FOR A REASON-
ABLE PERIOD OF TINE PRIOR TO THE DATE SET FOR OPENING OF BIDS, AND WHO CAN DEMONSTRATE TO THE SATISFACTION
OF THE COUNTY THAT SAID N.ANUFACTURER HAS SUCCESSFULLY INSTALLED EQUIPMENT OF THE TYPE PROPOSED TO EE FUR-
NISHED tH AT LEAST THREE INSTANCES AND THE PERFORMANCE OF SUCH EQUIPMENT HAS BEEN SATISFACTORY. MANUFAC—
TIMERS WHO HAVE BEEN ENGAGED IN THE BUSINESS OF MANUFACTURING SAID EQU 1 PmENT FOR A PER IOOOF ONE YEAR PRIOR
TO THE DATE FtxED FCR OPENING BIDS SHALL, PRIMA FACIE, BE DEEMED TO HAVE BEEN ENGAGED IN SUCH BUSINESS FOR
A REASONABLE LENGTH OF TIME.
°- OR EQUAL" CEFIXEO
•
THE SPECtFlC Ei;UIPmENT M NY1oNED sHALL SE UNDERSTOOD AS INDICATING THE TYPE, FUNCTION, MINIMUM STANDARD
OF DESIGN, EFFICIENCY, AND QUALITY DESIRED AND SHALL MOT BE CONSTRUED IN SUCH A MANNER AS TO EXCLUDE bMAN—
UFACTL'RERES EQUIPMENT OF COMPARABLE QUALITY, DESIGN AND EFFICIENCY.
PRE—C£LIVERY SERVICE:
OFFICE EQUIPMENT IS TO 9E DELIVERED, AS DIRECTED, UNPACKED, ASSEMBLED, CLEANED AND ADJUSTED from HEIEDIAIE
-USE AT A LOCATION DESIGNATED BY THE CHIEF ACCOUNTING OFFICER. MOTOR VEHICLES ANO OTHER ITEMS OF EQUIP-
MENr SHALL BE READY FOR IMMEDIATE USE AT THE TIME Or DELIVERY TO A DESIGNATED LOCATION. THE EQUIPMENT
SHALL BE CLEAN AND ALL INSTM21ENTS PROPERLY ADJUSTED, CHECK INFLATION OF TIRES, COMPLETE L'JSRICAT•„N,
CHECK CRANKCASE FOR PROPER OIL LEVE=L AND ANY OTHER SERVICING NORMALLY PROVIDED BY DEALERS. PROPER STATE
INSPECTION SEAL SHALL BE PROVIDED.
OPERATING AND MAINTENANCE MANUALS SHALL BE PROVIDED AT THE TIME OF DELIVERY. FARTS AND PRICE L ISTE 5 •:LL
BE INCLUDED IN SPECIAL EQUIPMENT OR WHEN REQUESTED BY THC COUNTY.
ACKNOWLEOCEb''^NT AND CELIVERY SCHEDULE OF INITIAL ORDER:
TINE IS or TH_ ESSENCE. A DELIVERY SCHEDULE OF NOT MORE THAN 37 CALENDAR DAYS AFTER NECE1PT
OF TOE ORDER SHALL BE D£EmED NZASONABLE AND SERVE THE BEST INTERESTS OF THE. COUNTY. PROPOSALS EXCEEDING
• Th I S SCHEDULE W i LL BE REJECTED. DELIVERY WILL DE MAOE ON OR BEFORE July 31_
HE SUCCESSFUL BIDDER SHALL ACKNOWLEDGE THE RECEIPT OF THE ORDER AND CERTIFY THE DELIVERY SCHEDULE.
tER 1L I PFOR,MAT ION
• BIODc"RS SHALL SUam!T WITH THEIR $IDS THE FOLLOWING INFoAMATION PERTAINING TO THE EQUIPMENT UPON Wn:CH BIDS
ARE SUBMITTED.
(A) DETAILED EQU1PH_NT SPECIFICATIONS TO INCLUDE THE WARRANTY.
(0) DESCRIPTIVE LITERATURE
CONTRACTOR'S PROPOSAL
ROAD REPAIRS IN
WATTENBERG 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 construc-
tion of County road repairs to be constructed in the Wattenberg area of Weld
County, Colorado, all in accordance with the plansand specifications attached,
including Addenda Nos. , , and , issued thereto, for the sums set
forth in the following Bidding Schedule; it being understood that each of the
items is to be constructed complete in place and ready for use, including all
labor, materials, and expendable equipment of every kind and nature necessary
to construct, install, and perform the same, and that each item shall be
constructed in all aspects so as to accomplish the purposes for which the ..
same was intended by the said plans and specification:
P. - 1
•
TOTAL BASE BID
OFFICE OF EMERGENCY PREPAREDNESS ITEM NOS. 5-4, 5-7 and 5-9 to 5-13
Item Description Quantitv Unit Unit Cost Total Cost
1. Embankment 13,580 C.Y. $ ,6i $ ,g3 /0, OD
2. Crushed Base Course Material 1,040 Ton $ _3 0a $ i, (-
3. Gravel Surfacing 2,900 Ton $ 3 no $ g 74 4 0 r,
4. 2" Asphalt Pavement
(Including Prime) 110 Ton $ /O, 0 C $
5. Riprap 60 C.Y. $ /ST, r $ y% c, o c
6. Install 48" Corrugated Metal
Pipe 60 L.F. $ 4 ro $ -Rpr 0'
7. Miscellaneous Bridge Repair 1. L.S. p. 9 $ r
TOTAL BASE BID $240;5-30. 0 0
P. - 2
The total base bid, including any of the selected deductions and/or alternates
shall be the basis for establishing the amount of the performance bond on
this Contract. The total base bid is based on the quantities shown in the
Proposal Form and on the dimensions shown on the plans where specific quan-
tities are not itemized, and is subject to additions or reductions according
to the actual construction quantities and measurement of the finished con-
struction as determined by the Engineer upon completion of construction.
The undersigned has carefully checked the above shown bid quantities against
the plans and specifications before preparing this Proposal and accepts the
said quantities as substantially correct, both as to classification and
amount, and as correctly listing the complete work to be done in accordance
with the plans and specifications.
If awarded this Contract, the undersigned agrees to enter into a contract
within five (5) days and to complete the work to the satisfaction of the
said Owner within thirty-seven (37) 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: d oe_c,-, 1 4 FIRM NAME:
Official Address:
Title:! , .a, l_r,� V-1-24-71
P. - 3
•
•
CONTRACT
THIS CONTRACT, made and entered into this O v day of
A.D. , 1973, by and between Weld County, Colorado, and under the laws of the
State of Colorado, Party of the First Part, hereinafter called the "Owner",
and the me% r //c.c.; • ,2- f , Party of the
Second Part, hereinafter called the "Contractor".
WITNESSETH:
That for and in consideration of the payments, covenants, and agree-
ments stated herein, the Contractor and Owner agree as follows:
1. The Contractor shall perform everything required to be performed
and shall provide and furnish all of the labor, materials, necessary tools,
expendable equipment, and all utility and transportation services required
to perform and complete in a workmanlike manner all the work required in
connection with the construction of Weld County Road Repair improvements for
the Owner, all in strict accordance with the plans and specifications, including -
any and all addenda, prepared by Nelson, Haley, Patterson and Quirk, Inc. ,
Engineering Consultants, Greeley, Colorado, acting for the Owner and in these
Contract Documents referred to as the Engineer, which plans and specifications
are made a part of this Contract; and in strict compliance with the Contractor's
Proposal and the other contract documents herein mentioned which are a part
of this Contract, and the Contractor shall do everything required by this
Contract and the other documents constituting a part thereof.
2. Payments are to be made to the Contractor in accordance with
and subject to the provisions embodied in the documents made a part of this
Contract.
3. Work under this Contract shall commence within five (5) days
after a written notice from the Owner to the Contractor who shall diligently
- 1 -
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, i£ not attached, as if hereto attached.
Proposal
Contract (This. Instrument)
Performance Bond
Special Provisions
General Conditions
Technical Specifications, including all Addenda (Nos. to
inclusive)
Location Map
Shop and Working Drawings submitted by Contractor and approved
by Engineer.
5. The Contractor shall give preference in employment of Colorado
labor and the purchase of Colorado materials as provided by Colorado Revised
Statutes, 1963, as amended.
6. It is agreed by the parties to this Contract that this Contract
shall be executed in five copies, one copy being retained by the Contractor,
two to be delivered to the Owner, one to the Engineer, and one to the Con-
tractor's Surety.
IN WITNESS WHEREOF, the parties have caused this instrument to be
executed the day and , iar first above written.
}
WELD
C COUNTY, COLORADO
/ / ntractor
� l`tivw lC_���Ct y By:
Glenn K. Billings Y
Title: - c -- .,../, ✓/
/1_6 ‘1- z.{ -i Attest:7'/ti >f/ (SEAL)
/ y ser
Title:
(f t ' (t/ e
Harry Ashley.--
shley 40.3.-nwATTEST: an4.4.,
Ann Spomer
-
t
2 Deputy County Clerk
PERFORN.sCE, PAYMENT, AND MAINTENANCE IIt..vD
•
KNOW ALL MEN BY THESE PRESENTS:
That we, the undersigned, Ploun/grn /ioc,rQcfe�s •
, as Principal, and J The. Aetna
�1�a+y4�tyy and 7Surefy �or),p a c� a Corporation, organized and existing,
under and by virtue of the 'la wt of the State of goone�ti sit
and duly authorized to transact business in the State of O cn l n r-ada 9
and Surety, are held and firmly bound unto Mid Coci r,f y � L-o •
in the penal sum of Tire my _ �yL I •
Thnipza_m# F re. Hundred Thirty boll and ne, leo - - - - - -
Dollars ( ,,2 ,5 Wit,• ou ), lawful money of the United States of America,
for the payment of which, well and truly to be made the said Principal and
the said Surety do hereby bind ourselves, our heirs, executors, admi.nistrators, .
successors, and assigns, jointly and severally, firmly by these presents, as
follows:
The condition of the above obligation is such that; whereas, the
said Principal has entered into a written contract with •
1t/e_ LsL 0.n+�nf)I c-)l�r cio for the construction of
the work designated tvna ( p•air� in Waffe n he rc) Area_
located at V/e u _f y , in the State of
ri
,, in conformity with the drawings, plans,
General Conditions, and specifications prepared by Nelson, Haley, Patterson,
and Quirk, Inc. , Engineering Consultants of Greeley and Grand Junction,
Colorado, which contract, drawings, plans, General Conditions, and specifica-
. tions are hereby referred to and made a part hereof, the same to all intents
and purposes as if written at length herein, in which contract the said
Principal has contracted to perform the work specified in said contract in
accordance with the terms thereof;
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT
if the above bonded Principal shall well, truly, and faithfully perform said
contract and any alterations in and additions thereto and comply with all of
the terms and provisions thereof, and satisfy all claims and demands incurred
by the Principal in the performance of said contract, and shall fully indemnify
and save harmless _
the \do Li C.c>onll from all damages, claims, demA ds, expense, and charge
of every kind (including claims of patent infringement) arising from any act,
omission, or neglect of said Principal, his agents, or employees with relation
to said work; and shall fully reimburse and repay to the
V1/9 id Coy;rn fy, Cl o l o r a r,1O all costs, damages, and expenses
which they may incur in making good any default by the Principal, including any
default based upon the failure of the Principal to fulfill his obligation to
furnish maintenance, repairs, or replacements for the full guarantee period
provided in the specifications contained herein and in compliance with Chapter
86, Article 7, Colorado Revised Statutes of 1963, as revised, a condition of
this bond shall be that the Contractor shall at all times promptly make pay-
ments of all amounts lawfully due to all persons supplying or furnishing him
- 1 -
•
or his subcontractors with labor and materials used or performed in the
prosecution of work provided for in the above contract and that the undersigned
will indemnify and save harmless the Owner for the extent of any and all
payments in connection with the; carrying out of such contract, then this
obligation shall be null and void, otherwise, it shall remain in full force
and effect.
PROVIDED, FURTHER, that the Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration, or
addition to the terms of the contract or to the work to be performed there-
under, or the specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice of any such
change, extension of time, alteration, or addition to the terms of the
contract, or to the work, or to the specifications.
IN WITNESS WHEREOF, said Principal and Surety have set their hands
and seals at Greeley v+oracin , this c-2C, ik day -
of ��c , A.D. 19 73 .
> >
Principal (Contractor)
j
By: _
re=pry e n„1`
• Attest: .4.,: , (SEP.L)
==.3e.e rata r y
T jCTNA C'j1-22,81,"y lityi ">ss,— y a facyy
Surety
•
Attest: Att?.rney -/r)_- 01- (SEAL)
•
• - 2 -
•
11061 nTNA CASUALTY AND SURETY COMPANY
• Hartford, Connecticut 06115
LIFE a CASUALTY
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT
KNOW At L k1EN BY THESE PRESENTS, THAT THE /ETNA CASUALTY AND SURETY COMPANY, a corporation duly organized under the laws of the
State of Connecticut, and having its principal office in the City of Hartford, County of Hartford, State of Connecticut, hath made, constituted
and appointed, and does by these presents make, constitute and appoint Barney Flood, B. D. Peterson, William C.
Hensler or Karen Stone - -
of Greeley, Colorado its true and lawful Attorneys-in-Fact, with full power and authority hereby conferred
to sign execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated
. the following instrument(s):
by his sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,
recognizance, or conditionat undertaking, and any and all consents incident thereto not exceeding the sum of TWO HUNDRED
FIFTY THOUSAND ($250,000.00) DOLLARS —
and to bind THE /ETNA CASUALTY AND SURETY COMPANY. thereby as fully and to the same extent as if the same were signed by the duly
authorized officers of THE /ETNA CASUALTY AND SURETY COMPANY, and all the acts of said Attorneys-in-Fact, pursuant to the authority herein
given, are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Company which Resolutions are now in full force
and effect:
VOTED: That each of the following officers: Chairman, President, Any Executive Vice President, Any Senior Vice President, Any Vice President.
Any Assistant Vice President, Any Secretary, may from time to time appoint Resident Vice Presidents, Resident Assistant Secretaries,Attorneys-
in-Fart, 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 (al 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 Powr-r of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Restlution
voted by the Board of Directors of THE /ETNA CASUALTY AND SURETY COMPANY which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: Chairman, President, Any Executive Vice President, Any Senior Vire President,
Any Vice President. Any Assistant Vice President, Any Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney
or to any certi/irate 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 hearing 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 he 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 /ETNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its
, and its corporate seal to be hereto affixed this 1st daY of February ' 19 73
Secretary
40I
THE /ETNA CASUALTY AND SURETY COMPANY
.ore.!
,.,,r
By
State of Connecticut S ss. Hartford Secretary
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 ATNA 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.
•
f�zMOT � �4t tL /f
�UBLw,•,fj
Ir Notary Public
Mv:=:n:mu.:o nxnnes Mann 31. /975
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 m 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
June 1s 73.
By
Secretary
i
PC/IN-UPI u s A.
SECTION 2
SPECIAL PROVISIONS
(Index)
Paraimta: -. Title Page
A Get.c-r,z . S P. - 1
B Pratm Ly of on, Item 5-4 and 5-7 S P. - 1
C Schedule Descriptions S P. - 1.
D CcnaLTrntion Operations S P. - 2
E RE re i a_rd Percentage S P. - 2
P S'ali Records S P. - 2
G Lic_mbeated Damages S P - 3
E Ex?. i g Utilities S P. - 3
T_ .;__->eraaee of Traffic S. P. - 3
J PriraYbdy Owned Obrtaeles S P. - 3
K PL:',', it. Liability and Property Damage Insurance S. P. - 3
I. Ce 'i'L'g atea Metal Pipe S. P. - 4.
•
M M .;r,= _lencous Bridge Repair S P. - 4
N Gra=s:_ Curfaai-:g S P. — 4
* .. .. ., .. * ., * .. ., k .. * .. .. * .. do .
SPECIAL PROVISIONS
A. General. The Special Provisions shall govern in the event of any conflict
between this section and any other part of these specifications.
B. Priority of Office of Emergency Preparedness Items 5-4 and 5-7. It must
be noted that repairs to the Wattenberg Road, County Road No. 6, shall be
done first under this Contract. These are Office of Emergency Preparedness
Items Nos. 5-4 and 5-7, which are included within the base bid.
C. Schedule Descriptions.
5-4. Office of Emergency Preparedness Item No. 5-4 is located on Weld
County Road No. 6, one-quarter mile west of U. S. Highway 85. The
flood damage consists of the approaches washed out on the ditch
bridge east of the Platte River. The construction repair consists
of embankment and surfacing. The quantities remaining to be
completed in this Contract and which are included in the base bid
are: 300 cubic yards of embankment, 15 tons of asphalt pavement,
30 tons of crushed gravel base course and 10 cubic yards of riprap.
5-7. Office of Emergency Preparedness Item No. 5-7 is located on Weld
County Road No. 6, one mile west of U. S. Highway 85. The flood
damage consists of the approaches washed out at a small bridge,
road embankment and gravel surfacing washed out and eroded away and
the washout of a 48 inch culvert. The construction repair consists
of replacing the embankment, providing gravel and bituminous surfacing,
installing a 48 inch culvert and providing riprap. The quantities
remaining to be completed in this Contract and which are included
in the base bid are: 1550 cubic yards of embankment, 130 tons of
crushed gravel base course, 55 tons of bituminous pavement, relay 60
lineal feet of 48 inch culvert and provide 10 cubic yards of riprap.
5-9. Office of Emergency Preparedness Item No. 5-9 is located on Weld
County Road No. 14.5 near its junction with U. S. Highway 85 and
also one mile west of U. S. Highway 85. The flood damage consists
of washed road shoulder and the loss of some pavement. The con-
struction repair consists of replacing the embankment, the gravel
base course and bituminous pavement along the road shoulder. The
quantities remaining to be completed in this Contract, and which
are included in the: base bid are: 1200 cubic yards of embankment,
60 tons of crushed gravel base course, and 30 tons of bituminous
pavement.
5-10. Office of Emergency Preparedness Item No. 5-10 is located on Weld
County Road No, 18, one-half mile west of U. S. Highway 85. The
flood damage consists of washed approaches to the Platte River
bridge and washed shoulders along the road west of the bridge for
one-half mile. The construction repair consists of replacing the
base course and bituminous pavement. The embankment has already
been completed by Weld County forces. The quantities remaining
to be completed in this Contract and which are included in the base
bid are: 150 tons of crushed gravel base course and 10 tons of
bituminous pavement.
S. P. - 1
5-11. Office of Emergency Preparedness Item No. 5-11 is located on Weld
County Road No. 20.25, one-quarter mile west of Weld County Road
No. 25. The flood damage consists of road embankment and gravel
surfacing wash and erosion along with wing wall damage to a small
wooden bridge. The construction repair consists of replacing
embankment on bridge approaches and along 400 feet of roadway,
replacing the crushed gravel surfacing over the same distance at a
width of 24 feet and depth of 4 inches, repairing the plank wing
walls to the small wooden bridge, and adding riprap at the wing
wall corners. The quantities remaining to be completed in this
Contract and which are included in the base bid are: 380 cubic
yards of embankment, 125 tons of gravel surfacing, an estimated
amount of bridge repair to be approximately $500 and 40 cubic
yards of riprap.
5-12. Office of Emergency Preparedness Item No. 5-12 is located on Weld
County Road No. 22.5, one-quarter mile east of County Road No. 23.
The flood damage consists of roadway embankment and gravel surfacing
wash and erosion. A culvert was also washed out. The construction
repair only consists of replacing the gravel surfacing over a length
of approximately 800 feet at a width of 24 feet and a depth of 4
inches. The quantity remaining to be completed in this Contract and
which is included in the base bid is: 275 tons of gravel surfacing.
5-13. Office of Emergency Preparedness Item No. 5-13 is located on Weld
County Roads No. 22.5 and No. 25 from a point 1500 feet west of the
Platte River to a point one-half mile South on Road No. 25. The
flood damage consists of roadway embankment and gravel surfacing
washed and eroded. The construction repair consists of replacing
the embankment and gravel surfacing over a three-quarter mile length.
The gravel is to be 24 feet wide and 4 inches deep. The quantities
remaining to be completed in this Contract and which are included
in the base bid are: 10,000 cubic yards of embankment and 2500
tons of gravel surfacing.
D. Construciton Operations. The Contractor will be required to confine his
construction operations to the limits of the granted easements. Any damage
done outside the d -signated right-of-way shall remain a responsibility of
the Contractor.
E. Retained Percentage. The retained percentage to be withheld on periodical
payment, as described in Section 3 of these specifications, shall be ten
percent (10%).
F. 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.
S. P. - 2
- rt
G. 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.
H. 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 damage or injury incurred
by such facilities during construction or until such time as the fill shall
become settled thereafter shall be entirely remedied and put in working order
by the Contractor, all without added expense to the Owner.
I. Maintenance of Traffic. The Contractor shall be responsible for maintain-
ing access to and from all residences and places of business at all times.
Street closing shall be in accordance with the requirements of the body
having jurisdiction. The Contractor will notify all residents of an area
prior to undertaking any construction which will block any drives or walks
to and from a property. Every reasonable effort will be made by the Con-
tractor to minimize the inconvenience to the residences and businesses of
the area. The Contractor shall provide, install, and maintain all traffic
flares, signs, barricades, flagmen, and other protective devices as may be
required by the County, the State, and the affected utility company.
The cost of maintaining traffic, installing protective devices, and other-
wise protecting the work will be included in the price bid for each appro-
priate item of work,
•
J. Privately Owned Obstacles. The Contractor shall make every effort to avoid
damage to privately owned facilities. The Owner assumes no responsibility
for any damage 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 1...thout involvement of the
Owner in any way.
K. 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-
tractor's Property Damage Insurance in an amount not less than $500,000.00.
The Contractor shall either (a) require each of his subcontractors to
procure and to maintain during the life of his subcontract, Subcontractor's
Public Liability and Property Damage of the type and in the same amounts
as specified in the preceding paragraph, or (b) insure the activities
of his subcontractors in his own policy."
S. P. - 3
L. Corrugated Metal Pipe. The Contractor shall provide all material, labor
and equipment necessary to install culverts in locations as indicated by
Weld County. However, it will be noted in the bidding that the pipe
shall be purchased for use by Weld County at Ranch Wholesale in Greeley,
Colorado. Sales tickets will be kept for. the County records. Payment
for this item will be at the unit price bid per lineal foot as measured
along the centerline of the pipe in place.
M. Miscellaneous Bridge Repair. The Contractor shall provide all material,
labor and equipment necessary to repair the wing walls of the bridge
noted in this item, Office of Emergency Preparedness No. 5-11. Major
materials needed for repair are planking for the wing walls and two
short piles for one of the wing walls. It is estimated now that this
item will cost approximately $500.
N. 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 be 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.
S. P. - 4
1 1 1
�.. i--
SECTION 3
GENERAL CONDITIONS
(Index)
Paragraph Title Page
1. General G.C. - 1
2. Definitions G.C. - 1
3. Specification Requirements G.C. - 1
4. Site Examination G.C. - 1
5. Statement of Bidder's Plant and Financial Condition G.C. - 2
6. Qualifying Conditions in Bidder's Proposal G.C. - 2
7. Estimated Quantities G.C. - 2
0. Copies of Documents G.C. - 3
9. Data Sheets G.C. - 3
10. Preparation of Proposals G.C. - 3
11. Bid Security G.C. - 3
12. Execution of Documents G.C. - 4
13. Filing Bids G.C. - 4
14. Alternates G.C. - 4
15. Supplemental Unit Prices G.C. - 4
16. Notice of Award G.C. - 5
17. Definition of Notice G.C. - 5
18. Execution of Contracts and Bonds G.C. - 5
19. Performance Bond G.C. - 5
20. Contractor's Insurance G.C. - 5
21. Royalties and Patents G.C. - 6
22. Permits, Surveys, and Compliances with Laws G.C. - 6
23. Subcontracting G.C. - 7
24. Assignment of Contract G.C. - 7
25. Other Contracts G.C. - 7
26. Guarantees G.C. - 7
27. License or Royalty Fees G.C. - 8
28. Materials and Workmanship G.C. - 8
29. "Or Equal Clause" - Materials G.C. - 8
30. Convict-Made Materials G.C. - 8
31. Delivery of Material G.C. - 9
32. Intent of the Contract Documents G.C. - 9
33. Plans and Specifications G.C. - 9
34. Specifications and Plan Consistency G.C. - 10
35. Alleged Inaccuracies G.C. - 10
36. Interpretation of Proposed Contract Documents. . . G.C. - 10
37. Shop Drawings G.C. - 10
30. Engineer G.C. - 10
39. Decisions of Engineer G.C. - 10
40. Directions G.C. - 11
41. Inspection G.C. - 11
42. Final Inspection G.C. - 11
43. Testing Material G.C. - 11
SECTION 3
(Index, Continued)
Paragraph Title Page
44. Lines and Grades G.C. - 12
45. Work Done Without Lines or Grades G.C. - 12
46. Preservation of Monument and Stakes G.C. - 12
47. Use of Job Site G.C. - 13
48. Sanitary Convenience G.C. - 13
49. Protection of Work - Watchmen, Lights, Etc G.C. - 13
50. Accident Prevention G.C. - 13
51. Care of Existing Structures and Property G.C. - 13
52. Defects G.C. - 14
53. Cutting and Patching G.C. - 14
54. Employment Conditions G.C. - 14
55. Qualifications for Employment G.C. - 14
56. Employees and Equipment G.C. - 14
57. Superintendence G.C. - 15
58. Working Hours G.C. - 15
59. Detailed Estimates - Breakdown G.C. - 15
60. Construction Reports G.C. - 15
61. Monthly Estimates - Payment G.C. - 15
62. Final Estimate - Payment G.C. - 16
63. Extra, Additional, or Omitted Work - Payment . . . G.C. - 16
64. Measurements and Quantities G.C. - 17
65. Deduction for Uncorrected Work G.C. - 17
66. Correction of Work After Final Payment G.C. - 17
67. Approval of Work G.C. - 17
68. Acceptance and Occupancy G.C. - 17
69. Starting in Operation G.C. - 17
70. Delays - Unavoidable G.C. - 18
71. The Owner's Right to do Work G.C. - 18
72. Completion of Work G.C. - 18
73. Work in Bad Weather G.C. - 18
74. Properly Ordered Materials G.C. - 18
75. Requests for Time Extensions G.C. - 19
76. Liquidated Damages G.C. - 19
77. Cleaning Up - Removal of Rubbish G.C. - 19
78. Owner's Right to Withhold Certain Amount and Make
Application Thereof G.C. - 20
79. Termination for Breach G.C. - 20
,
GENERAL CONDITIONS
1. General. The following specifications are general in scope and may refer to
conditions which will not be encountered in performance of the work included
in this Contract, and which are not applicable thereto. Any requirement,
provision, specification, or other stipulation of these General Conditions
which refers to a non-existent condition, and is not applicable to the work
to be performed under this Contract, shall be considered null and void and
shall have no meaning in this Contract.
In case of conflict between the General Conditions and the Special Provisions
or Technical Specifications , the Special Provisions or Technical Specifica-
tions shall govern.
2. Definitions. The following terms as used in these Contract Documents are
respectively defined as follows:
A. "Contractor". The person, firm, or corporation to whom the within
Contract is awarded by the Owner and who is subject to the terms
hereof.
B. "Subcontractor". A person, firm, or corporation, other than a Contractor,
supplying labor and materials, or labor for work at the site of the
project.
C. "Project". The entire improvement proposed by the Owner to be constructed
in part or in whole pursuant to the within Contract.
D. "Owner". That body or person which has authorized the project and for
whom the project is being constructed.
E. "Work". Work to be performed, including work normally done, at the loca-
tion of the project.
F. "Surety". Any person, firm, or corporation that has executed, as surety,
the Contractor's performance bond securing the performance of the within
Contract.
G. "Engineer". The Engineer or Engineers selected by the Owner to represent
the Owner in the supervision of the construction of the project.
3. Specification Requirements. All bidders shall base their bids on materials
and equipment complying fully with these specifications, and in the event he
names in his bid materials or equipment which, in the opinion of the Engineer,
do not conform, he will be responsible for furnishing materials and equipment
which fully conform at no increase in cost to the Owner.
4. Site Examination. Bidders shall visit the site of the proposed work and in-
form themselves of the conditions under which the work is to be performed.
Their inspections shall cover the ground structure, obstacles which may be
encountered, location of water table, and other matters relevant to the work
both above and below ground. Where test boring logs, indicating underground
G.C. - 1
conditions, are shown on the plans, this data is for the bidder's information
only and reflects only the conditions observed at the time and place of the
drilling. Neither the Engineer or the Owner shall be held responsible for any
variance or deviation from the data shown on the plans , as encountered during
actual construction.
The successful bidder will not be allowed any extra compensation by reason of
any matter or thing concerning which he could have fully informed himself,
prior to the bidding.
5. Statement of Bidder's Plant and Financial Condition. Each bidder may be
required to submit, on request of the Engineer or Owner, the following data:
A. A statement that the bidder maintains a permanent place of business and
the address thereof.
B. A statement pertaining to the equipment which the bidder proposes to use
on the project.
C. A financial statement, duly sworn in form approved by the Owner, listing
all assets and liabilities.
D. A statement listing projects of similar nature which the bidder has con-
structed or in the construction of which the bidder was actively engaged
in a responsible capacity.
Any bidder may be required by the Owner to submit additional data to satisfy
the Owner that such bidder is prepared to properly complete the project if it
is assigned to him.
6. Qualifying Conditions in Bidder's Proposal. A bidder shall not stipulate in
his Proposal any conditions not contained in the Form of Proposal in the Con-
tract Documents. Bidders are specifically advised that attachment of condi-
tions to the bid may disqualify him as an acceptable bidder.
7. Estimated Quantities. The estimated quantities of the various types of work
to be done on unit price contracts, and materials to be furnished on lump sum
contracts are approximate only and are to be used as a basis for estimating
the probable cost of the work and for comparing the bids offered on the work.
The Contractor agrees that, during the progress of the work on unit price con-
tracts, the Owner may vary the quantities or eliminate an item completely as
may be deemed necessary and/or advisable without changing the unit bid prices
shown in the Proposal. On lump sum contracts, the Contractor agrees that
reasonable and normal variations in the work are to be expected, and these
changes will not be used as a basis for a claim for extra compensation.
Bidders must satisfy themselves by personal inspection and examination of the
plans and the work site and by such other means as he may prefer as to the
correctness of any quantities listed in the Proposal or on the plans. The
Contractor shall not, after submission of his bid, dispute or complain about
irregularities in the quantities, or shall he assert or claim that there was
any misunderstanding or misrepresentation as to the nature or amount of the
work to be performed.
G.C. - 2
r1
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 he accepted which does not contain adequate or reasonable prices
for each and every item named in the bidding schedule. Unbalanced or irregular
bids may be rejected.
Only proposals which are prepared on the specified Proposal Form will be
considered.
11. Bid Security. All bids must be accompanied by a certified check or bank draft
drawn on a solvent bank, or a satisfactory bid bond executed by the bidder and
an acceptable surety company, made payable to the Owner, as defined in the
Advertisement for Bids, in an amount equal to five percent (5%) of the total
amount of the bid. The check or bid bond shall be held as security that, if
the bid is accepted, the bidder will execute and file the proposed performance
bond within ten (10) days from the date of the notification of award of Con-
tract. On failure of the successful bidder to execute the Contract and per-
formance bond, he shall forfeit the deposit as agreed as liquidated damages.
The bid security of the three lowest bidders for each Contract may be held for
thirty (30) days, or until the Contract is executed and approved, whichever
G.C. - 3
is the least, when they will be returned. The balance of the bid securities
submitted will be returned within ten (10) days after the opening of bids.
12. Execution of Documents. The Contractor, in signing his bid on the whole or
any portion of the work shall conform to the following requirements:
Bids which are not signed by individuals making them should have attached
thereto a power of attorney evidencing authority to sign the bid in the name
of the person for whom it is :signed.
Bids which are signed for a partnership should be signed by all of the partners
or by an attorney-in-fact. If signed by an attorney-in-fact, there should be
attached to the bid a power of attorney evidencing authority to sign the bid,
executed by the partners.
Bids which are signed for a corporation should have the correct corporate
name thereof and the signature; of the President or other authorized officer
of the corporation manually written below the corporate name following the
word "By: ".
If such a bid is manually signed by an official other than the President of
the Corporation, a certified copy of a resolution of the Board of Directors
evidencing the authority of such official to sign the bid should be attached
to it. Such bid should also bear the attesting signature of the secretary
of the corporation and the impression of the corporate seal.
The Contractor shall be deemed as having been awarded when formal notice of
award shall have been duly served upon the intended awardee (i.e. , the bidder
to whom the Owner contemplates awarding the contract) by some officer or agent
of the Owner duly authorized to give such notice.
13. Filing Bids. After bids are opened and read aloud, they shall be placed on
file for public inspection and shall remain there as the property of the
Owner. Any bidder may withdraw his bid at any time prior to the scheduled
closing time for the receipt of bids , as stated in the Advertisement for
Bids, but no bid shall be withdrawn for a period of thirty (30) days after
the scheduled closing time for the receipt of bids.
14. Alternates. Proposals may be submitted on one or all of the Alternates, Items ,
and Units as shown in the Proposal Form at the bidder's option, unless other-
wise directed elsewhere in these specifications.
Each bidder must submit such special data, if any, in respect to such alter-
nates, which any section of the Contract Documents requires to be submitted
with each bid.
15. Supplemental Unit Prices. Where supplemental unit prices are shown in the
Proposal on lump sum contracts, the Owner reserves the right to reject any
or all supplemental unit prices which it deems to be excessive or unreasonable.
In cases where any part or all of the bidding is to be received on a unit price
basis , the quantities stated on which prices are invited are approximate
only, and each bidder is required to make his own estimates of the actual
G.C. - 4
,,1 •
n
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 (1000) 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
.0-.
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, appliar..ces 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
teN 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 :Erom 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
t'1
31. Delivery of Material. Material delivered on the sides of the street for use
upon the street, or adjacent thereto, shall be neatly and compactly piled up
along the sides of the roadway in such a manner as to cause the least incon-
venience to the property owners and to the general public; private drives and
street crossings are to be kept open. Shade trees and other improvements
shall be protected by the Contractor from all damage. Fire hydrants are not
to be obstructed at any time.
No material will be allowed to be delivered on any street except by permission
of the Owner; and any material delivered without such permission shall, upon
due notice to the Contractor to that effect, be immediately removed from the
street; and, upon failure of the Contractor so to do, the Owner is hereby
authorized and directed to cause such material to be removed and the cost
thereof charged to the Contractor.
32. Intent of the Contract Documents. The Contract Documents are complementary,
and what is called for by any one shall be as binding as if called for by all.
The intention of the Contract Documents is to include in the contract price the
cost of all labor and materials , water, fuel, tools , plant equipment , power,
light, transportation, and all other expense as may be necessary for the proper
execution of the work involved including items not mentioned but necessary
to make a complete project, from beginning of operations until the work in-
volved has been finally accepted by the said Owner.
The Contractor shall complete the work in accordance with this expressed intent
and shall make all temporary or permanent connections of every kind and to all
services and equipment (water, power, etc. ) at his own expense and to the
satisfaction of the Engineer.
In interpreting the Contract Documents, words describing materials or work
which have a well-known technical or trade meaning, unless otherwise specifi-
cally defined in the Contract Documents, shall be construed in accordance with
such well-known meaning recognized by architects , engineers, and the trade.
33. Plans and Specifications. The work shall be executed in strict conformity
with the plans and specifications, and the Contractor shall do no work without
proper drawings and instructions.
The plans as prepared by the Engineers for this proposed improvement are in
sufficient detail to give the general layout of the work as contemplated and
to show clearances available. The Owner, through its Engineer, reserves the
right to alter the details of the plans upon the selection of the particular
units proposed to be furnished, or whenever necessary to insure the completion
of the project in accordance with the intent of the Owner.
The Engineer will furnish the Contractor, free of charge, all copies of draw-
ings and specifications reasonably necessary to properly carry out the work.
Figured dimensions on the plans may be assumed correct but shall be checked by
the Contractor before starting construction. All errors , omissions, and dis-
crepancies shall be brought to the attention of the Engineer, and his decision
therein shall be final. All notes on the plans shall be followed. Discovery
of an error, omission, or other discrepancy shall not be considered as a basis
G.C. - 9
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f^ ‘ ^.
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
n
Contract for construction shall be considered as the Contractor's agreement to
accept the Engineer's decisions as final in all such matters as may reasonably
require engineering decisions, such as the quality of workmanship, the suit-
ability of materials for inclusion in the work, the performance of equipment,
and the fulfillment of the guarantees thereon.
40. Directions. The directions and orders given by the Owner, or its authorized
representative, shall be received by and obeyed by the Contractor, or in the
Contractor's absence, the said orders shall be received by the Contractor's
foreman or person in charge of the work and shall be obeyed the same as if
given to the Contractor. There shall be at all times a competent and respon-
sible person available to represent the Contractor in his absence.
41. Inspection. The Owner and its representative shall, at all times, have access
to the work whenever it is in preparation or progress , and the Contractor shall
provide proper facilities for such access and inspection.
The Owner shall have the right to reject materials and workmanship which are
defective, or require their correction. Rejected workmanship shall be satis-
factorily corrected, and rejected materials shall be removed from the premises
without charge to the Owner. If the Contractor does not correct such condemned
work and remove rejected materials within a reasonable time, fixed by written
notice, the Owner may remove them and charge the expense to the Contractor.
Should it be considered necessary or advisable by the Owner at any time before
final acceptance of the entire work to make an examination of work already
' completed, by removing or tearing out same, the Contractor shall on request
promptly furnish all necessary facilities, labor, and materials. If such
work is found to be defective in any material respect, due to fault of the
Contractor or his Subcontractors, he shall defray all the expense of such
examination and of satisfactory reconstruction. If, however, such work is
found to meet the requirements of the Contract , the actual cost of labor and
material necessarily involved in the examination and replacement, plus fifteen
percent (15%), shall be allowed the Contractor.
42. Final Inspection. Upon the completion of the whole work by the Contractor,
the Owner and its Engineers will make a final inspection of the work to deter-
mine the workmanship and the adaptability for the purposes intended, and its
compliance with the plans and specifications therefor.
The Contractor shall provide all assistance and equipment necessary for such
testing and final inspection as a part of the Contract price bid in his
formal Proposal.
After the plant or improvement is completed, tested, and in operation, the
Contractor, when requested to do so, shall provide the services of a skilled
operator to remain at the plant or improvement site for an additional period
of ten (10) days to assist the operators of the Owner. Such assistance shall
be furnished at no extra cost to the Owner.
43. Testing Material. Attention of the Contractor is directed to the materials
tests required in this Contract. All laboratory tests shall be made by an
approved testing laboratory. The specific test requirements are set out in
G.C. - 11
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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
r ' ` \
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
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/I\ i^'1
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 witbhold all estimates which have
G.C. - 14 +
es\ �\
or may become due, or the Engineer may suspend the work until his requests
are complied with.
57. Superintendence. The Contractor shall give his personal superintendence to
the work or have at the site of the work at all times a competent foreman,
superintendent, or other representative satisfactory to the Owner and Engineer
and having complete authority to act for the Contractor.
Insofar as it is practicable, the individual who has been selected to represent
the Contractor shall so act, and shall follow without delay instruction of
the Engineer in the prosecution of the work in conformity with the Contract.
58. Working Hours. The work shall be done in the presence of an Engineer or
inspectors appointed by the Owner, and unless special arrangements are made
with the Engineer, work shall only be done during regularly and commonly
accepted or prescribed working hours. No work shall be done nights or
Sundays unless special permission shall be given by the Engineer.
Night work or Sunday work, in residence areas, must be conducted with a
minimum amount of noise and disturbance.
In general, Saturday work shall be at the Contractor's option; however, the
Engineer or inspector shall be notified on each Friday when the Contractor
intends to perform work on Saturday. The Contractor shall make every effort
to schedule a full crew when Saturday work is intended.
59. Detailed Estimates - Breakdown. The Contractor may be required, within ten
(10) days following the award of Contract, to furnish to the Engineer a
detailed estimate and breakdown of the Contractor's estimate of cost conform-
' ing to the Contractor's bid, which estimate or breakdown shall be the basis
of estimating periodic payments to the Contractor. This estimate shall be
subject to the review and modification of the Engineer.
60. Construction Reports. The Contractor, as the work progresses, shall submit
to the Engineer schedules of actual unit costs, which schedules shall be in
such form and shall be supported as to correctness by such of the estimates
upon which they are based, as to permit the preparation or revision of
monthly estimates for partial payment.
61. Monthly Estimates - Payment. The Engineer, upon the first day of each month,
or as early as is practical thereafter, will make an approximate estimate
in writing of the materials incorporated into the work, the amount of work
performed, and the value thereof at the contract unit prices. From the total
amount so ascertained will be deducted such percentage as is outlined in the
Special Provisions of this Contract, said percentage to be retained until
after the completion of the entire work to the satisfaction of the Owner, and
the remaining percentage of the amount so ascertained will be paid to the
Contractor. In addition to the above and upon presentation of certified
copies of invoices and freight bills, an estimate shall be made for payment
of ninety percent (90%) of the value of acceptable, non-perishable materials
intended for incorporation into the completed work, suitably stored at the
site or other acceptable storage places, and which have not been used in the
work prior to such estimate.
G.C. - 15
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No estimate other than a final estimate will be made where the value of the
work performed since the last preceding estimate is less than $1,000.00.
Not later than the 15th day of each month, the Owner will make payment to
the Contractor on the basis of a duly certified estimate as prescribed above.
62. Final Estimate - Payment. The Engineer's final estimate shall be based upon
a careful detailed estimate of the materials and equipment furnished and in-
stalled in the completed improvement according to the provisions of these
specifications. Final payment shall be made to the Contractor for any amount
remaining due upon the final inspection, testing, and formal acceptance of
the work by the Owner within thirty (30) days after the final completion and
the acceptance of work.
63. Extra, Additional, or Omitted Work - Payment. The Owner, upon proper action
by its governing body, may authorize changes in, additions to, or deductions
from the work to be performed or the materials to be furnished pursuant to
the provisions of the contract or any other contract documents.
The Owner reserves the right to increase or decrease the contract quantity of
minor bid items, and such additions and/or deductions shall not be a basis
for claims for extra compensation other than that provided in the Proposal
and these specifications.
The Owner further reserves the right to increase or decrease the contract
quantity of major bid items by an amount not to exceed twenty percent (20%)
without altering the unit price bid shown in the Proposal. Change in the
quantity of each bid item in excess of twenty percent (20$) may be accom-
plished only after a satisfactory unit price has been negotiated between the
Contractor and the Owner.
A major bid item is defined as any bid item whose total dollar extension on
the original contract equals more than ten percent (10%) of the total con-
tract amount.
Adjustments, if any, in the amounts to be paid to the Contractor by reason
of any such change, addition, or deduction, shall be deemed by one or more
of the following methods:
A. By unit prices contained in the Contractor's original bid and incorporated
in the construction contract.
B. By a supplemental schedule of prices contained in the Contractor's original
bid and incorporated in the construction contract.
C. By an acceptable lump sum proposal from the Contractor.
D. On a cost-plus basis. A cost-plus basis is defined as the cost of labor,
materials and/or equipment which will be incorporated into the completed
work, rental of construction equipment, and insurance plus fifteen per
cent (150) of said cost to cover all other miscellaneous expenses and
profit.
E. By negotiated changes in unit prices.
G.C. - 16
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
od and Owner, prior to being approved and accepted by the Owner.
68. Acceptance and Occupancy. Should it, in the judgment of the Owner, be deemed
advisable and to the best interests of the public, to place in use or in
service any portion or portions of the work prior to the completion and
acceptance of the whole work, such completed portion or portions as may
be ordered in writing by the Owner shall be placed in use or service and the
Contractor shall agree thereto. Such action on the part of the Owner and
the Contractor shall not be construed as a final acceptance of any portion
or portions of the work by the Owner, nor shall such action relieve the
Contractor from his liability to complete the whole of the work in accord-
ance with the plans, specifications, and construction contract. The Con-
tractor shall make no claim upon the Owner for any amount of extra compensation
because of such action, but the said Owner shall not require the Contractor
to pay the costs of operation of any portion of the work so placed in use or
operation and the said Owner shall not, by its action, subject the Contractor
to unreasonable expense in preparing separate portions of the work for use
and service prior to the completion of the shole of the work.
69. Starting in Operation. The Contractor shall furnish a skilled operator to
adjust and start all of the equipment erected and to put it in successful
operation. After the equipment has been satisfactorily adjusted, the
operator shall instruct the Owner's operators as to the proper methods
of starting, adjusting, and caring for the equipment furnished and installed
under these specifications.
G.C. - 17
70. Delays - Unavoidable. If the Contractor is delayed in the completion of the
work by any act or neglect of the Owner or by any other Contractor employed
by the Owner, or by strikes, lockouts, fire, unavoidable casualties, or any
causes beyond the Contractor's control, then the time of completion may be
extended for a reasonable time, such reasonable time as the Owner may decide.
The Contractor shall, within five (5) days from the beginning of any such
delay, notify the Owner in writing of the cause of such delay.
71. The Owner's Right To Do Work. If the Contractor should neglect to prosecute
the work properly or fail to perform any provisions of this Contract, the
Owner, after three (3) days written notice to the Contractor and his surety,
may, without prejudice to any other remedy he may have, make good such
deficiencies and may deduct the cost thereof from the payment due the Con-
tractor.
72. Completion of Work. The Contractor shall commence work specified herein
within fifteen (15) calendar days after date of the Notice to Proceed issued
by the Owner to the Contractor and shall complete the work as specified, ready
for use, within the time specified in the Contract Proposal Form. In the
event no written Notice to Proceed is issued by the Owner, the contract time
as specified in the Proposal Form shall be counted from the first day of
actual work on the project.
All work shall be prosecuted in an orderly and diligent manner. The Con-
tractor shall cooperate with and conform to requests of the Owner to expedite
particular portions of the work or to suspend or transfer his operations on
any portion of the work where such alteration of the Contractor's operations
is deemed advisable by the Owner.
73. Work in Bad Weather. No construction work shall be done during stormy,
freezing, or inclement weather, except that which can be done satisfactorily,
and in a manner to secure first-class construction throughout, and then only
subject to the permission of the Engineer.
A normal amount of inclement weather shall not constitute a basis for an
extension of time under this Contract. A day lost due to inclement weather
shall be defined as a day on which the Contractor is unable to work four
(4) or more hours on a major item of construction.
Delays due to bad weather shall not be considered as a basis for time exten-
sions unless the total bad weather time exceeds ten percent (10%) of the
specified Contract time shown in the Proposal Form.
Records concerning bad weather will be maintained by the Engineer, and it is
this record that shall be used as a basis for any time extensions to be
granted.
74. Properly Ordered Materials. To be considered properly ordered materials ,
the materials must be ordered from an acceptable supplier within fifteen
(15) calendar days from the award of contract date. The order must call for
delivery to meet the construction schedule required to complete the project
within the specified time.
No extensions of time will be considered for delays resulting from late
delivery of materials unless those materials were properly ordered.
G.C. - 18
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 he granted; if the total number
of days lost due to inclement weather exceeds ten percent (10%) of the total
number of Contract days. The basis for computing any such time extension
shall be the weather condition records kept by the Engineer.
76. Liquidated Damages. In the event that the Contract has not been completed
within the specified time (including approved time extensions), the cost of
excess engineering services shall be deducted from monies due the Contractor
as Liquidated Damages.
The amount of liquidated damages chargeable per day shall be as shown in the
Special Provisions and includes only actual payroll costs plus all payroll
overhead items.
On Contracts where no regular resident engineer is assigned, the Contractor
` shall be charged the daily rate shown in the Special Provisions for trips
required of an engineer to make inspections after the stated completion date.
No other liquidated damages will be charged for non-compliance within the
specified time unless specifically stated in the Special Provisions.
77. Cleaning Up - Removal of Rubbish. The Contractor shall at all times keep
the premises free from accumulations of waste material or rubbish caused
by his employees or work. Rubbish and surplus material which may accumulate
during and by reason of the work herein provided for shall be removed from
the roadway, sidewalks, and intersecting street by the Contractor within
three hundred (300) feet of the finished improvement, as fast as the improve-
ment is completed, upon any part or section of the street, and such portion
of the street left clean and in good condition.
The Contractor will be required to remove all existing structures , foundations,
rubbish and debris as a part of his Contract, and shall dispose of same to
the satisfaction of the Engineer and such useful materials shall remain the
property of the Owner.
At the completion of the work, the Contractor shall remove all his rubbish
from and about the building and all his tools, equipment, scaffolding, and
surplus materials and shall leave his work clean and ready for use. In case
of dispute , the Owner may remove the rubbish and surplus materials and
charge the cost to the Contractor or the several contractors in proportion
to the amounts as shall be determined to be just.
G.C. - 19
l
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 Weld County Official Construction Standards as adopted the 3rd of
January, 1973, shall be used wherever applicable to this Contract. Copies
of these standards are available at the office of the Weld County Engineer
and the office of Nelson, Ha:Ley, Patterson and Quirk, Inc.
Particular attention is directed to the sections in these standards covering
embankment, crushed base course, and asphalt paving.
•
SECTION 5
SPECIFICATIONS FOR
RIPRAP
(Index)
Paragraph Title Page
A General R - 1
H Riprap R - 1
C Construction Methods R - 1
D Measurement and. Payment R - 1
•
* >: .. .. .. .. .. .. .. .. * * .. * .. .. ., * 3:
SPECIFICATIONS FOR
RIPRAP
A. General. Work covered by this section shall include providing the
materials, labor, and equipment necessary to construct riprap at
locations as directed by the Engineer.
B. Riprap. Riprap shall consist of broken stones, concrete, boulders, or
large rock. Individual stones or boulders shall be dense, sound, resis-
tant to abrasion, and shall be free of cracks, seams, and other defects
which would tend to increase their destruction by water and frost action.
The gradation of the materials used to form the riprap shall fall within
the following limits: The maximum stone weight shall be 200 pounds.
50 percent of the stones shall weigh more than 100 pounds, 30 percent
shall weigh between 40 and 100 pounds and 20 percent shall weigh less
than 100 pounds. Material sources shall be selected by the Contractor
and approved by the Engineer prior to the start of construction.
C. Construction Methods. The riprap shall be placed uniformly, by hand if
necessary, to insure that a uniform surface is constructed and that the
smaller rock fragments fill the voids in the riprap layer. The riprap
layer shall be compact, uniform in appearance, and be of the specified
thickness.
D. Measurement and Payment.
1. Riprap. Payment for this item shall be made at the unit price bid
per cubic yard of riprap in place, as shown in the Proposal Form.
Payment for this item shall be full compensation for furnishing all
materials, labor, and equipment necessary to place riprap.
R. - 1
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