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Home My WebLink About730904.tiff l` ` ,.y f f : • CONTRACT DOCUMENTS AND SPECIFICATIONS FOR CONSTRUCTION OF BRIDGE AND ROAD REPAIRS IN MASTERS AND HARDIN AREA WELD COUNTY, COLORADO NELSON, HALEY, PATTERSON & QUIRK, INC. 'ENVIRONMENTAL, Cs CM 730904 CONSULTANTS �. ,.1 ADDENDUM N0. 1 TO THE CONTRACT DOCUMENTS AND SPECIFICATIONS FOR CONSTRUCTION OF BRIDGE AND ROAD REPAIRS IN MASTERS AND HARDIN AREA WELD COUNTY, COLORADO • • Project No. 73 1 LDV 0228 July 30, 1973 The following changes and/or additions to the Contract Documents and Specifications and Construction Plans for the above project are hereby made effective on the date shown above. CONTRACT DOCUMENTS AND SPECIFICATIONS AND CONSTRUCTION PLANS The Contractor may substitute U.S. Steel, Inc. or equal 10" x 8" HP 42# for plan 108P42 piling. The plans should be considered modified to show the 10" dimension as parallel to the centerline of the bridge roadway and the 8" dimension perpendicular to the centerline of roadway. This will require an additional 2" of concrete at the bents and abutments. • • NELSON, HALEY, PATTERSON and QUIRK, INC. Paul E. Radasch, Engineer in Charge . Bid Opening: June 25, 1973 5:00 P.M. ,--", �• ADDENDUM N0. 1 TO THE CONTRACT DOCUMENTS AND SPECIFICATIONS FOR CONSTRUCTION OF BRIDGE AND ROAD REPAIRS IN MASTERS AND HARDIN AREA WELD COUNTY, COLORADO Project No. 73 1 LDV 0228 July 30, 1973 The following changes and/or additions to the Contract Documents and Specifications and Construction Plans for the above project are hereby made effective on the date shown above. CONTRACT DOCUMENTS AND SPECIFICATIONS AND CONSTRUCTION PLANS The Contractor may substitute U.S. Steel, Inc. or equal 10" x 8" HP 42# for plan 10BP42 piling. The plans should be considered modified to show the 10" dimension as parallel to the centerline of the bridge roadway and the 8" dimension perpendicular to the centerline of roadway. This will require an additional 2" of concrete at the bents and abutments. NELSON, HALEY, PATTERSON and QUIRK, INC. elaceee-- Paul E. Radasch, Engineer in Charge Bid Opening: June 25, 1973 5:00 P.M. � f P." ,-, . ADDENDUM N0. 1 TO THE CONTRACT DOCUMENTS AND SPECIFICATIONS FOR CONSTRUCTION OF BRIDGE AND ROAD REPAIRS IN MASTERS AND HARDIN AREA WELD COUNTY, COLORADO Project No. 73 1 hDV 0228 July 30, 1973 The following changes and/or additions to the Contract Documents and Specifications and Construction Plans for the above project are hereby naae effective on the date shown above. CONTRACT DOCUMENTS AND SPECIFICATIONS AND CONSTRUCTION PLANS The Contractor may substitute U.S. Steel, Inc. or equal 10" x 8" HP 420 for plan 10BP42 piling. The plans should be considered modified to show the 10" dimension as parallel to the centerline of the bridge roadway and the 8" dimension perpendicular to the centerline of roadway. This will require an additional 2" of concrete at the bents and abutments. • • NELSON, HALEY, PATTERSON and QUIRK, INC. eagle: �a0 -e- Paul E. Radasch, Engineer in Charge _ Bid Opening: June 25, 1973 5:00 P.M. , . _ . THE TRAVELERS Certificate of Insurance This is to certify that policies of insurance as described below have been issued to the insured named below and are in force at this time. If such policies are canceled or changed during the periods of coverage as stated herein, in such a manner as to affect this certificate, written notice will be mailed to the party designated below for whom this certificate is issued. 1. Name and address of party to whom this certificate is issued 2. Name and address of insured Wild County Commissioners Loveland Excavating Co. 300 Madison Avenue Loveland, Colorado 80537 L J 3. Location of operations to which this certificate applies bridge and road repair between Masters and Hardin, Colorado 4. Coverage For Which Insurance is Afforded Limits of Liability Policy Number Policy Period" • Workmen's Compenution and Compensation—Statutory Employers'Liability in the state named in item 3 hereof Bodily Injury Liability • —except automobile S ,000 each person : ,000 each occurrence R I E D M A N AGENCY INC. $ ,000 aggregatet pletedeluding Protective t and ComProductsonly one ( INSURANCE Wm_ BONDS ) " Property Damage Liability 350 E SEVENTH ST. LOVELAND, COLO. 80537 —except automobile , _ ,000 each occurrence 1303) 667-3393 eluding Protective f ,000 aggregate • Bodily Injury Liability —automobile i ,000 each person _ ,000 each accident _ ,000 each occurrence Property Damage Liability • —automobile = ,000 each accident t ,000 each occurrence • Liability (Bodily Injury and $ 250.000 each occurrence 6 0-83yA364-�C p 6-1 73/71. Property Damage) $ 1 sue,000 aggregate 4 • E ;000 each occurrence Catastrophe or Excess = ,000 each aggregate f ,000 deductible amt. "Absence of an entry in these spaces means that insurance is not afforded with respect to the coverages opposite thereto. _•_•Policy_is effective and expires at 12:01 A.hl., standard time at the address of the named insured as stated herein. _ Description of Operations, or Automobiles to which the policy applies: Vehicles per poi* schedule The w mane vh r ledi.„ subfe oo�all of the terms of the policy, including endorsemen applicable thereto. Producer iJ 4°34, 1�.(w�a-aG'+� _ _ Office_ '�U// 7 Date_l-3/- 7 7 EQIII .kBLE FIRE AND MARINE I. SURANCE COMPANY THE TRAVELERS INSURANCE COMPANY / THE TRAVELERS INDEMNITY COMPANY / THE CHARTER OAK FIRE INSURANCE CObIPANY B)r }7/14 iKi`4 42/ "'CCei velar r, Casualty-Property Department RYm�.�a..-.J..`_- • - C-5018 Rev.7-68 rainrzo,,, u.s... an - S1- lacy,Casualty-Property Department e k Cut AcCe S9 Hole in Deck r Level Cap and Deck Spliced in Piece of 8'r9"BP 11 to Level the Deck �_ 11 �_6"�2" Channel Settled Position of 8e.i}em r] [ of Cap J ��Topa cr Old and New Piles 6"*2" Channel ��—New/0'x/0' BP Cap — Old 8"x8" BP 1 1 ' �-6"x2" Channel Welded in Piece 6"•2"Cbennl eI ^' ��'New /0"•/0"BP Welded in Piece II I 11 N/eb:4"04"•%is" II r-Web: 4"x4"xUo" Flange=5'R5'+%5 SA6"F➢ld Welds /0" j j /0" , I) _ F�e: 5'45"" /i6" I I II Defai/ of/0':./0"BP Sp/ice Flame cut web and flanges of upper section as shewn. Buhl- weld joints and a#axh p/aces w:eh Pifief welds. Genera/ /Uofe : Piles shall be driven fo a resistance of A• inch per Blow with a 3000 pound gravity hammer dropped /5 -feet (A/lowab/e load =35 fans) Minimum pe/7efr-ation of piles shall be 60 feet or as directed by fie Engkeee' Other hammers will require dif'f'erent resistance values. • HARDIN BRIDGE Revised 7//e/73 NHPQ 73-/-L D V-OZ28 is"N, �. CONTRACT DOCUMENTS AND SPECIFICATIONS FOR CONSTRUCTION OF BRIDGE AND ROAD REPAIRS IN MASTERS AND HARDIN AREA WELD COUNTY, COLORADO Project No. 73 1 LDV 0228 June, 1973 OEP DESIGNATIONS 5-20 and 5-21 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 • * * * * * * is x * * * * t * SECTION 1 CONTRACT DOCUMENTS (Index) • ADVERTISEMENT FOR BIDS CONTRACTOR'S PROPOSAL CONTRACT PERFORMANCE, PAYMENT, AND MAINTENANCE BOND ^. WELD,COUNTY, COLORADO ..� ACCOUNTING DEPARTMENT BID REQUEST No, one: June 25, 1973 1. NOTICE TO BIDCERS SEALED BIDS WILL BE RECEIVED AT THE OFFICE OF THE CHIEF ACCOUNTING OFFICER, VELD COUNTY COURTHOUSE, GREELEY, COLORADO, UNTIL 5:00 P.M. , Monday, June 25, 1973 FOR FURNISHING construction services OF VELD COUNTY FOR THE FOLLOWING MERCHANDISE OR EQUIPMENT: Schedules as attached for Weld County Bridge and Road Repairs as follows: Schedules 5-20 and 5-21. 16,050 Cubic Yards Embankment, 3165 Tons Gravel Surfacing, 100 Cubic Yards Riprap, Relay 60 Lineal Feet of 72 inch Corrugated Metal Pipe, Alternate Route Maintenance, and Debris Cleanup amounting to approximately $6,000, and 960 Lineal Feet of Bearing Piles. 11. INVITATION TO BID • SEALED BIDS, SUBJECT TO THE CONDITIONS AS SHOWN HEREIN, ARE REQUESTED ON THE FOLLOWING LIST OF ARTICLES OR SERVICES WITH DELIVERY TO Masters and Hardin Area, Weld County, Colorado THE DESTINATION, AND TO INCLUDE ANY CHARGES FOR FREIGHT, DELIVERY, CONTAINERS, PACKAGING, ETC. ax9�F 'A I NIMICORMit Xiiiit(MONeltatto00,000N0AatiNIONWIDNIWNWIX. Plans and Specifications are available at the office of Nelson, Haley, Patterson and Quirk, Inc. 111. INSTRUCTIONS TO BIDDERS 1. PROPOSALS SHALL BE TYPEWRITTEN OR WRITTEN IN INK ON THE FORM PREPARED BY THE COUNTY. OFFICIALS OF CORP- ORATIONS SHALL DESIGNATE THEIR OFFICIAL TITLE; PARTNERS OR SOLE OWNERS SHALL SO STATE, GIVING THE 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 A INCREASE OR DECREASE THE QUANTITY AS BEST FITS ITS NEEDS. A. WHENEVER REQUESTED, SAMPLES OR DESCRIPTIVE MATTER SHALL BE FILED PRIOR TO THE OPENING OF BIOS. S. 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 BE ACCEPTED UNLESS A PURCHASE ORDER SHALL FIRST HAVE BEEN ISSUED BY THE CHIEF ACCOUNTING OFFICER OF WELD COUNTY. IT IS UNDER- -, STOOD THAT IT 1S NECESSARY FOR ALL INVOICES TO BE MADE OUT TO WELD COUNTY, COLORADO, NOT TO THE DEP IT- (ENT SECURING THE MERCHANDISE. 6. IT IS UNDERSTOOD THAT THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY RESERVES THE RIGHT TO REJECT ANY . OR ALL BIDS, TO WAIVE ANY INFORMALITIES IN BIDS, AND TO ACCEPT THE BID THAT, IN THE OPINION OF THE BOARD, IS TO THE BEST INTERESTS or THE BOARD ANO OF THE COUNTY OF VELD, STATE OF COLORADO. 7. DISCOUNTS WILL BE FIGURED FROM THE DATE OF DELIVERY AND ACCEPTANCE OF THE ARTICLES, OR IN THE CASE OF IN- COF.RECT INVOICE, FROM THE DATE OF RECEIPT OF CORRECTED INVOICE, IF THIS BE SUBSEQUENT TO DELIVERY AND AC- CEPTANCE. e. IN DETERMINING THE LOWEST RESPONSIBLE BID, 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. S. THE SUCCESSFUL BIDDER SHALL INDEMNITY AND SAVE HARMLESS WELD COUNTY AGAINST ALL CLAIMS FOR ROYALTIES, FOR PATENTS OR SUIT FOR INFRINGEMENT THEREON WHICH MAY BE INVOLVED IN THE MANUFACTURE OR USE OF THE MATERIAL TO BE FURNISHED. 10. ALL GOODS SHALL REMAIN THE PROPERTY OF THE SELLER UNTIL DELIVERED TO AND ACCEPTED BY THE COUNTY. 11. THESE INSTRUCTIONS, THE PROPOSAI,..EORM AND SPECIFICATIONS HAVE BEEN DFYiFOPED WITH THE MOPE OF RAISING THE STANDARD OF PURCHASE NEGOTIATI( TO A SATISFACTORY PLANE SO THAT AL. UNSACTIONS WILL BE MUTUALLY SAT- ISFACTORY TO ALL CONCERNED. YOUR COOPERATION IS INVITED. • GENERAL SPECIFICATIONS, CONDITIONS AND INFORMATION _ DESIGN: THE EQUIPMENT SHALL BE MANUFACTURER'S LATEST MODEL OF PRODUCTION. THE EQUIPMENT SHALL BE or SUPER- IOR QUALITY AND SUITABLE TO THE USE FOR WHICH IT IS INTENDED. 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 BE OF THE KINDS AND QUALITIES WHICH WILL INSURE LONG LIFE, DEPENDABILITY AND LOW COSTS OF MAINTAINING AND REPAIRING. STANDARD: WHEN THE WORD •STANDARD^ IS USED IN THIS SPECIFICATION TO DESCRIBE AN ,TEM OF EQUIPMENT OR AN ASSEMBLY, IT SHALL BE CONSTRUED TO MEAN THAT THE ITEM OR ASSEMBLY SO DESCRIBED SHALL BE THE LATEST REGULAR CURRENT PRODUCT OF THE MANUFACTURER THEREOF, IDENTIFIED BY A MODEL OR OTHER DESIGNATION, WITHOUT THE MODIFICATION OR OMISSION OF ANY OF ITS USUAL PARTS OR THE SUBSTITUTION OF OTHERS THERE- _ FOR, EXCEPT AS HEREAFTER SPECIFIED, DETAILS, CAPACITIES AND RATINGS, CONFORMING IN EVERY RESPECT TO .THE SAID MANUFACTURER'S CATALOGUE OR OTHER PRINTED MATTER DESCRIBING THE ITEM OR ASSEMBLY. STANDARD . .SUB-ASSEMBLIES, ACCESSORIES, FITTINGS, AND FINISHES SHALL BE CONSTRUED TO BE THOSE WHICH ARE REGU- LARLY FURNISHED AS A PART OF THE PRINCIPAL UNIT OR ASSEMBLY AND INCLUDED IN THE SELLING PRICE T'AEREOF. P.EPUTABLE MANUFACTURER DEFINED: A MANUFACTURER WHO HAS BEEN ENGAGED IN THE BUSINESS OF FABRICATING THE EQUIPMENT SPECIFIED FOR A REASON- ABLE PERIOD OF TIME PRIOR TO THE DATE SET FOR OPENING OF BIDS, AND WHO CAN DEMONSTRATE TO THE SATISFACTION OF THE COUNTY THAT SAID MANUFACTURERHAS SUCCESSFULLY INSTALLED EQUIPMENT OF THE TYPE PROPOSED TO BE FUP.- NISHED .IN AT LEAST THREE INSTANCES AND THE PERFORMANCE OF SUCH EQUIPMENT HAS BEEN SATISFACTORY. MANUFAC- TURERS WHO HAVE BEEN ENGAGED IN THE BUSINESS OF MANUFACTURING SAID EQUIPMENT FOR A PERIODCF ONE YEAR PRIOR TO THE DATE FIXED FOR OPENING BIDS SHALL, PRIMA FACIE, BE DEEMED TO HAVE BEEN ENGAGED IN SUCH BUSINESS FOR A REASONABLE LENGTH or TIME. - ^OR EQUAL^ DEFINED • THE SPECIFIC EQUIPMENT MENTIONED SHALL BE UNDERSTOOD AS INDICATING THE TYPE, FUNCTION, MINIMUM STANDARD OF DESIGN, EFFICIENCY, ANO QUALITY DESIRED AND SHALL NOT BE CONSTRUED IN SUCH A MANNER AS TO EXCLUDE HAN- UFACTURER'S EQUIPMENT OF COMPARABLE QUALITY, DESIGN AND EFFICIENCY. PRE-DELIVERY SERVICE: OFFICE EQUIPMENT IS TO BE DELIVERED, AS DIRECTED, UNPACKED, ASSEMBLED, CLEANED AND ADJUSTED FOR IMMEDIATE USE AT A LOCATION DESIGNATED BY THE CHIEF ACCOUNTING OFFICER. MOTOR VEHICLES AND OTHER ITEMS OF EQUIP- MENT SHALL BE READY FOR IMMEDIATE USE AT THE TIME OF DELIVERY TO A DESIGNATED LOCATION. THE £QUIP• :i:T SHALL BE CLEAN AND ALL INSTRUMENTS PROPERLY ADJUSTED, CHECK INFLATION OF TIRES, COMPLETE LUBRICATION, CHECK CRANKCASE FOR PROPER OIL LEVEL AND ANY OTHEP SERVICING NORMALLY PROVIDED BY DEALERS. PROPER STATE INSPECTION SEAL SHALL BE PROVIDED. OPERATING AND MAINTENANCE MANUALS SHALL BE PROVIDED AT THE TIME OF DELIVERY. PARTS AND PRICE LISTS SHALL BE INCLUDED IN SPECIAL EQUIPMENT OR WHEN REQUESTED BY THE COUNTY. ACKNOWLEDGEMENT AND DELIVERY SCHEDULE OF INITIAL ORDER: TIME is or THE ESSENCE. A DELIVERY SCHEDULE OF NOT MORE THAN 68. CALENDAR DAYS AFTER RECEIPT OF THE ORDER SHALL BE DEEMED REASONABLE AND SERVE THE BEST INTERESTS OF THE COUNTY. PROPOSALS EXCEEDING THIS SCHEDULE WILL DE REJECTED. DELIVERY WILL BE MADE ON OR BEFORE August 31 , 1473 THE SUCCESSFUL BIDDER SHALL ACKNOWLEDGE THE RECEIPT OF THE ORDER AND CERTIFY THE DELIVERY SCHEDULE. GENERAL INFORMATION BIDDERS SHALL SUBMIT WITH THEIR BIDS THE FOLLOWING INFOP.MATION PERTAINING TO THE EQUIPMENT UPON WIC'4 BIDS ARE SUBMITTED. (A) DETAILED EQUIPMENT SPECIFICATIONS TO INCLUDE THE WARP.ANTY. (B) DESCRIPTIVE LITERATURE -CONTRACTOR'S PROPOSAL BRIDGE AND ROAD REPAIRS IN MASTERS AND HARDIN AREA Board of Weld County Commissioners Weld County, Colorado Gentlemen: The undersigned, having familiarized himself/themselves with the local conditions affecting the cost of the work and with the Contract Documents, including the Form of Proposal, Form of Contract, Form of Performance Bond, General Conditions, Special Conditions, etc. , hereby proposes to furnish all of the labor, materials, necessary tools, expendable equipment, and all utility and transportation services necessary to perform and complete in a workmanlike manner all of the work required in connection with the construction of County bridge and road repairs to be constructed in the Masters and Hardin area of Weld County, Colorado, all in accordance with the plans and specifications attached, including Addenda Nos. , , and , issued thereto, for the sums set forth in the following Bidding Schedule; it-nang 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 specificaticns: P. - 1 • i TOTAL BASE BID OFFICE OF EMERGENCY PREPAREDNESS ITEM NOS. 5-20 and 5-21 Item Description Quantity Unit Unit Cost Total Cost 1. Embankment /-',300 nen C.Y. $ /a' $ #5466 2. 4Infir Bearing Piles 960 L.F. SeA So? XIV* /ONy/ON � 3. Gravel Surfacing 3,165 Ton $ 0242 $ zw0?,S� 4. Alternate Route Maintenance 1 L.S. $%SZb"' $Sa65—' and Debris Cleanup 5, Riprap 100 C.Y. $ gel $ gd0 -2 6. Relay 72" Corrugated Metal Pipe 410 WY L.F. $/Qe° $ y�� TOTAL BASE BID $5550 ,50 llars P. - 2 es.1 The total base bid, including any o£ the selected deductions and/or alternates shall be the basis for establishing the amount of the performance bond on this Contract. The total base bid is based on the quantities shown in the Proposal Form and on the dimensions shown on the plans where specific quan- tities are not itemized, and is subject to additions or reductions according to the actual construction quantities and measurements of the finished con- struction as determined by the Engineer upon completion of construction. The undersigned has carefully checked the above shown bid quantities against the plans and specifications before preparing this Proposal and accepts the said quantities as substantially correct, both as to classification and amount, and as correctly listing the complete work to be done in accordance with the plans and specifications. If awarded this Contract, the undersigned agrees to enter into a contract immediately (Part of the work covered by this contract has already been accomplished by the Contractor in an emergency status) and to complete the work to the satisfaction of the Owner within sixty-eight (68) 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: 'T- Jo - z.g FIRM NAME: Official Address: Cdde vir �� 0�9 na Q � . / - O 4u/y�P�`/ BY: :_/4. �� l �� (Ue �—o� < /e) • Title: ( P. - 3 • CONTRACT THIS CONTRACT, made and entered into this9_;vh-day of pe.40 , 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 �yy_ , Party of the Second Part, hereinafter called the "Contractor". WITNESSETH: That for and in consideration of the payments, covenants, and agree- ments stated herein, the Contractor and Owner agree as follows: 1. The Contractor shall perform everything required to be performed and shall provide and furnish all of the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required to perform and complete in a workmanlike manner all the work required in connection with the construction of Weld County Bridge and Road Repair improve- ments for the Owner, all in strict accordance with the plans and specifications, including any and all addenda, prepared by Nelson, Haley, Patterson and Quirk, Inc. , Engineering Consultants, Greeley, Colorado, acting for the Owner and in these Contract Documents referred to as the Engineer, which plans and specifications are made a part of this Contract; and in strict comp:iance with the Contractor's Proposal and the other contract documents herein mentioned which are a part of this Contract, and the Contractor shall do everything required by this Contract and the other documents constituting a part thereof. 2. Payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 3. Work under this Contract shall commence immediately after a written notice from the Owner to the Contractor who shall diligently - 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, if not attached, as if hereto attached. Proposal Contract (This Instrument) Performance Bond Special Provisions General Conditions Technical Specifications, including all Addenda (Nos. to inclusive) Location Map Shop and Working Drawings submitted by Contractor and approved by Engineer. 5. The Contractor shall give preference in employment of Colorado labor and the purchase of Colorado materials as provided by Colorado Revised Statutes, 1963, as amended. 6. It is agreed by the parties to this Contract that this Contract shall be executed in five copies, one copy being retained by the Contractor, two to be delivered to the Owner, one to the Engineer, and one to the Con- tractor's Surety. IN WITNESS WHEREOF, the parties have caused this instrument to be executed the day and year first above written. / WELD COUNTY, COLORADO Contractor (/ • 'S By: �lenn K Billings Title: (4nth Attest: l i. l Oyt,uQQ,0_ (SEAL) �/ y/ er �(� Title: a rA:iKti.,-.N c Harry Ashleyy ATTEST: /, gen4. .4.1 (SEAL) Ann _pemer 00009 County Clerk 2 - t I ` tik -1170 d- a--- 1 r V /� .r� ,- A <i,; 4t. Hartford, Connecticut /AL +,d (A STOCK COMPANY) it 4 r k° Bond No. 931 A9150 1,611.4:4f; e;l CONTRACT BOND aAp °� 04/4: sq KNOW ALL MEN BY THESE PRESENTS,That we Loveland Excavating Co. s fa e�. 300 Madison Avenue, Loveland, Colorado eY° .�.,. I :': called the Principal, and THE TRAVELERS INDEMNITY COMPANY,called the Surety,are held and firmly bound unto fry. Weld County Commissioners t, el Or , , er called the Obligee, in the sum of Fifty Five Thousand Sixty Two and 50/100— 'if, ,i4o Dollars ($ 55,062.550 ),for the payment whereof said Principal and Surety bind themselves firmly by these eIN °I' presents. _ r'V*. •1I: WHEREAS,the Principal has, by written Agreement, dated July 30, 1973 i °yL ": r I entered into a contract with the Obligee for bridge and road repair between Masters and Hardin, '. i Colorado ,1, 6�e .1,0' rV° a copy of which is by reference made a part hereof; *401 fry A I 0�+ •Ie NOW, THEREFORE, the condition of this obligation is such, that if the Principal shall faithfully perform the contract on • lhis part,free and clear of all liens arising out of claims for labor and materials entering into the construction,and indemnify e�'. and save harmless the Obligee from all loss,cost or damage which he may suffer by reason of the failure so to do, then this 0 : aIA i� obligation shall be void;otherwise to remain in full force and effect. 4 o . , PROVIDED, HOWEVER, that no suit shall be brought on this bond after the 30th 1y NA 4A day of Jn1Y }9 Y 73 Is vi 'e 4., Y. �ge ' SIGNED, SEALED AND DATED this 30th day of y .�.e t9 73 � .4. L0VELAND EXCAVATING CO �"'a ATTESTT a PA �s9yL. O�l/ By= Eh_XJlyhtai (Lit-, ).uzi_i 3�, 01� -r t/JI O! . � � -i J.Q'/ .„:4„,.: -. 4., a The Travelers Indemnit ompany, vc sir: By: 1" ey ? I ' It: II' '/ .'.6 It: ye+, ��.+� �G�. ��W' or5. !j', Attorney-in-Fad. "10, Q.. PO i j 5466 REV. 1-61W.April 1940 rRiwrED in us.e. Anern.Y-in-FaN. The Travelers Indemnity Company Hartford, Connecticut POWER OF ATTORNEY SNOW ALL MEN BY THESE PRESENTS: That THE TRAVELERS INDEMNITY COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint Reuben Seilback, Luther Crenshaw, both of Loveland, Colorado, EACH its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and to bind THE TRAVELERS INDEMNITY COMPANY thereby,and all of the acts of said Attorney(s)- in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following by-laws of the Company which by-laws are now in full force and effect: ARTICLE IV,SECTION 13. The Chairman of the Board, the President,the Chairman of the Finance Committee, the Chairman of the Insurance Executive Committee,any Senior Vice President,any Vice President,any Second Vice President,any Secretary or any Department Secretary may appoint attorneys-in-fact or agents with power and authority,as defined or limited in their respective powers of attorney,for and on behalf of the Company to execute and deliver,and affix the seal of the Company thereto, bonds, undertakings,recognizances,consents of surety or other written obligations in the nature thereof and any of said officers may remove any such attorney- in-fact or agent and revoke the power and authority given to him. ARTICLE, IV, SECTION 15. Any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the Chairman of the Board, the President, the Chairman of the Finance Committee,the Chairman of the Insurance Executive Committee,any Senior Vice President,any Vice President or any Second Vice President and duly attested and sealed,if a seal is required, by any Secretary or any Department Secretary or any Assistant Secretary or when signed by the Chairman of the Board,the President,the Chairman of the Finance Committee,the Chairman of the Insurance Executive Committee,any Senior Vice President,any Vice President or any Second Vice President and counter- signed and sealed,if a seal is required,by a duly authorized attorney-in-fact or agent;and any such bond,under- taking,recognizance,consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu- tion adopted by the Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called and held on the 30th day of November, 1959: VOTED: That the signature of any officer authorized by the By-Laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof;such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. This power of attorney revokes that dated June 3, 1966 on behalf of Reuben Seilback, Luther Crenshaw IN WITNESS WHEREOF, THE TRAVELERS INDEMNITY COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 28th day of August 19 72 THE TRAVELERS INDEMNITY COMPANY os go,,, y�r WS , . By k I "" n'i. all; SEAL 'O r�. 1 Secretary, Surety State of Connecticut, County of Hartford—ss: On this 28th day of August in the year 1972 before me personally came E.A. Houser III to me known,who,being by me duly sworn, did depose and say: that he resides in the State of Connecticut; that he is Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corpo- ration; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of his office under the by-laws of said corporation, and that he signed his name thereto by like authority. N.s0 F io ocz NOTARY ^" PUBLIC ? + Notary Public °o` Ec �• My commission expires NNctt p April 1, 1974 S-1969 PRINTED IN U.S.A. 671 (Over) CERTIFICATION I, D. J. Nash, Assistant Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY certify that the foregoing power of attorney, the above quoted Sections 13. and 15. of Article IV of the By-Laws and the Resolution of the Board of Directors of November 30, 1959 have not been abridged or revoked and are now in full force and effect. Signed and Sealed at Hartford, Connecticut, this 3Oth day of Italy 1973 . a5 %n0%��i. SEAL °L 3 a Assistant Secretary, Surety / v ' ►' ,.a S-1869 (HACK) /� •� - PERFORMANCE, PAYMENT, AND MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: .. That we, the undersigned, , as Principal, and , a Corporation, organized and existing, under and by virtue of the laws of the State of , and duly authorized to transact business in the State of , and Surety, are held and firmly bound unto is the penal sum of Dollars (6 ), lawful money of the United States of America, for the payment of which, well and truly to be made the said Principal and the said Surety do hereby bind ourselves, our heirs, executors, administrators, . successors, and assigns, jointly and severally, firmly by these presents, as - follows:. . _ The condition of the above obligation is such that; whereas, the -' said Principal has entered into a written contract with for the construction of the work designated , located at , in the State of , 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 from all damages, claims, demands, 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 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 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 this - day of Principal (Contractor) BY g -Q �- �• a i Attest: (SEAL) • Surety • By: Attest: (SEAL) - 2 - .^. -. SECTION 2 SPECIAL PROVISIONS (Index) Paragraph Title Page A General S. P. - 1 B Priority of OEP Item 5-20 S. P. - 1 C Schedule Descriptions S. P. - 1 D Construction Operations S. P. - 2 E Retained Percentage S. P. - 2 F Sales Tax Records S. P. - 2 G Liquidated Damages S. P. - 2 H Existing Utilities S. P. - 2 I Maintenance of Traffic S. P. - 2 J Privately Owned Obstacles S. P. - 2 K Public Liability and Property Damage Insurance . . S. P. - 3 L Bearing Piles S. P. - 3 M Gravel Surfacing S. P. - 3 N Debris Cleanup S. P. - 3 O Alternate Route S. P. - 3 P Corrugated Metal Pipe S. P. - 3 * * * * * * * * * * * 9: * * * * * * * �: 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 Item 5-20. It must be noted that repairs to the Hardin Road and Bridge shall be done first under this Contract. This is Office of Emergency Preparedness Item No. 5-20, which is included within the base bid. C. Schedule Descriptions. 5-20. Office of Emergency Preparedness Item No. 5-20 is located on Weld County Road No. 50 at the Platte River. The bridge at this location is called the Hardin Bridge. The flood damage consists of approaches being washed out for a distance of 500 feet on the north side of the bridge and 1000 feet on the south side. One large cut has been made on the south side at the location of the 72 inch corrugated metal pipe. Gravel surfacing is gone and the bridge is damaged as the result of scour in the river bottom. Two piers have settled approx- imately one foot on the upstream side of the bridge. The construction repairs consists of embankment, surfacing, riprap, debris removal, relaying of the culvert and repairing the bridge piers. The quantities remaining to be completed in this Contract and which are included in the base bid are: 10,000 cubic yards of embankment material, 750 tons of gravel surfacing, relaying the 72 inch culvert, repairing the bridge piers by driving an estimated 960 lineal feet of new piling, 100 cubic yards of riprap, an estimated amount of $3,680 for removing the debris against and under the bridge and maintaining an alternate route to reach the ranches on the north side of the river. Embankment for this work may be found in the vicinity of the bridge by contacting Mr. George Allard. The pit for gravel surfacing will be designated by the Director of Public Works for Weld County and will be a Weld County pit. 5-21. Office of Emergency Preparedness Item No. 5-21 is located on Weld County Road No. 87 at the Platte River. he bridge over the Platte River at this location is called the Masters Bridge. The flood damage consists of roadway embankment washed and eroded for a length of 900 feet north of the bridge and 1200 feet south of the bridge, with some large cuts and bridge approach damage to the main bridge and to the smaller bridge on the north. Gravel surfacing has been eroded away over a distance of 3500 feet and debris against and under the bridges has to be removed. The con- struction repair consists of embankment, gravel surfacing and debris removal. The quantities remaining to be completed in this Contract and which are included in the base bid are: 6,050 cubic yards of embankment, 2,415 tons of gravel surfacing, and an estimated amount of $2,200 for debris removal. Embankment for this project may be obtained by contacting Mr. I. D. Lamont and Mr. John Peterson, land owners on either side of the river. The pit for gravel surfacing will be designated by the Director of Public Works for Weld County and will be a Weld County pit. S. P. - 1 r-^ %', D. Construction Operations. The Contractor will be required to confine his construction operations to the limits of the granted easements. Any damage done outside the designated right-of-way shall remain a responsibility of the Contractor. 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. 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 or places of business at all times. Street closing shall be in accordance with the requirements of the body having jurisdiction. The Contractor will notify all residents of an area prior to undertaking any construction which will block any drives or walks to and from a property. Every reasonable effort will be made by the Con- tractor to minimize the inconvenience to the residences and businesses of the area. The Contractor shall provide, install, and maintain all traffic flares, signs, barricades, flagmen, and other protective devices as may be required by the County, the State, and the affected utility company. The cost of maintaining traffic, installing protective devices, and other- wise protecting the work will be included in the price bid for each appro- priate item of work. J. Privately Owned Obstacles. The Contractor shall make every effort to avoid damage to privately owned facilities. The Owner assumes no responsibility for any damages resulting from the Contractor's operations, either on public or private property. S. P. - 2 r-, • The Contractor shall keep the Owner free of all claims of damage and finan- cial responsibility resulting from his operations and shall satisfy any • claims of damage resulting from his operations without involvement of the Owner in any way. 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." L. Bearing Piles. 8" x 8" bearing piles will be obtained from Weld County. These piles will be driven through holes cut in the deck of the Hardin Bridge at the damaged piers. It is believed at this time that a pair of piles driven to a depth of eighty feet on either side of each settled pile at the damaged piers (6 pairs) can be welded to the settled pile and to the raised bridge deck. The new piles can be secured by using short pieces of 6" x 2" channel (available from Weld County) and by splicing in a short piece of 8" x 8" bearing pile on top of the old settled piles. (See sketch) The holes in the deck can then be patched. M. 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. Gravel surfacing for this project will be obtained at an area designated by the Director of Public Works for Weld County. N. Debris Cleanup. The debris against and under these bridges is to be removed and disposed of. This work will be accomplished at hourly charges for equipment and labor, as shown in the Construction Equipment Rental Rate Manual State Department of Highways, Division of Highways, State of Colorado. O. Alternate Route. An alternate route will be maintained along the north side of the river to the Hardin Bridges over the route now in use. Gravel to repair this route will be paid for by the ton under Item 3. Equipment and labor for work other than graveling to maintain this route will be accomplished at hourly charges for equipment and labor as shown in the Construction Equipment Rental Rate Manual, State Dept. of Highways, Division of Highways, State of Colo. P. Corrugated Metal Pipe. The Contractor shall provide all material, labor and equipment necessary to relay the 72 inch corrugated metal pipe in its former location, south of the Hardin Bridge. Payment for this item will be at the unit price bid per lineal foot as measured along the centerline of the pipe in place. ' S. P. = 3 SECTION 3 GENERAL CONDITIONS (Index) Paragraph Title Page 1. General G.C. - 1 2. Definitions G.C. - 1 3. Specification Requirements G.C. - 1 4. Site Examination G.C. - 1 5. Statement of Bidder's Plant and Financial Condition G.C. - 2 6. Qualifying Conditions in Bidder's Proposal G.C. - 2 7. Estimated Quantities G.C. - 2 8. Copies of Documents G.C. - 3 9. Data Sheets G.C. - 3 10. Preparation of Proposals G.C. - 3 11. Bid Security G.C. - 3 12. Execution of Documents G.C. - 4 13. Filing Bids G.C. - 4 14. Alternates G.C. - 4 15. Supplemental Unit Prices G.C. - 4 16. Notice of Award G.C. - 5 17. Definition of Notice G.C. - 5 18. Execution of Contracts and Bonds G.C. - 5 19. Performance Bond G.C. - 5 20. Contractor's Insurance G.C. - 5 21. Royalties and Patents G.C. - 6 22. Permits, Surveys, and Compliances with Laws G.C. - 6 23. Subcontracting G.C. - 7 24. Assignment of Contract G.C. - 7 25. Other Contracts G.C. - 7 26. Guarantees G.C. - 7 27. License or Royalty Fees G.C. - 8 28. Materials and Workmanship G.C. - 8 29. "Or Equal Clause" - Materials G.C. - 8 30. Convict-Made Materials G.C. - 8 31. Delivery of Material G.C. - 9 32. Intent of the Contract Documents G.C. - 9 33. Plans and Specifications G.C. - 9 34. Specifications and Plan Consistency G.C. - 10 35. Alleged Inaccuracies G.C. - 10 36. Interpretation of Proposed Contract Documents. . . G.C. - 10 37. Shop Drawings G.C. - 10 38. Engineer G.C. - 10 39. Decisions of Engineer G.C. - 10 40. Directions G.C. - 11 41. Inspection G.C. - 11 42. Final Inspection G.C. - 11 43. Testing Material G.C. - 11 "--. • .� SECTION 3 (Index, Continued) Paragraph Title Page 44. Lines and Grades G.C. - 12 45. Work Done Without Lines or Grades G.C. - 12 46. Preservation of Monument and Stakes G.C. - 12 47. Use of Job Site G.C. - 13 48. Sanitary Convenience G.C. - 13 49. Protection of Work - Watchmen, Lights, Etc G.C. - 13 50. Accident Prevention G.C. - 13 51. Care of Existing Structures and Property G.C. - 13 52. Defects G.C. - 14 53. Cutting and Patching G.C. - 14 54. Employment Conditions G.C. - 14 55. Qualifications for Employment G.C. - 14 56. Employees and Equipment G.C. - 14 57. Superintendence G.C. - 15 58. Working Hours G.C. - 15 59. Detailed Estimates - Breakdown G.C. - 15 60. Construction Reports G.C. - 15 61. Monthly Estimates - Payment G.C. - 15 62. Final Estimate - Payment G.C. - 16 63. Extra, Additional, or Omitted Work - Payment . . . G.C. - 16 64. Measurements and Quantities G.C. - 17 65. Deduction for Uncorrected Work G.C. - 17 66. Correction of Work After Final Payment G.C. - 17 67. Approval of Work G.C. - 17 68. Acceptance and Occupancy G.C. - 17 69. Starting in Operation G.C. - 17 70. Delays - Unavoidable G.C. - 18 71. The Owner's Right to do Work G.C. - 18 72. Completion of Work G.C. - 18 73. Work in Bad Weather G.C. - 18 74. Properly Ordered Materials G.C. - 18 75. Requests for Time Extensions G.C. - 19 76. Liquidated Damages G.C. - 19 77. Cleaning Up - Removal of Rubbish G.C. - 19 78. Owner's Right to Withhold Certain Amount and Make Application Thereof G.C. - 20 79. Termination for Breach G.C. - 20 r"'s ta"\ 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 n 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 be accepted which does not contain adequate or reasonable prices for each and every item named in the bidding schedule. Unbalanced or irregular bids may be rejected. Only proposals which are prepared on the specified Proposal Form will be considered. 11. Bid Security. All bids must be accompanied by a certified check or bank draft drawn on a solvent bank, or a satisfactory bid bond executed by the bidder and an acceptable surety company, made payable to the Owner, as defined in the Advertisement for Bids, in an amount equal to five percent (5%) of the total amount of the bid. The check or bid bond shall be held as security that, if the bid is accepted, the bidder will execute and file the proposed performance bond within ten (10) days from the date of the notification of award of Con- tract. On failure of the successful bidder to execute the Contract and per- formance bond, he shall forfeit the deposit as agreed as liquidated damages. The bid security of the three lowest bidders for each Contract may be held for thirty (30) days, or until the Contract is executed and approved, whichever G.C. - 3 • is the least, when they will be returned. The balance of the bid securities submitted will be returned within ten (10) days after the opening of bids. 12. Execution of Documents. The Contractor, in signing his bid on the whole or any portion of the work shall conform to the following requirements: Bids which are not signed by individuals making them should have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. Bids which are signed for a partnership should be signed by all of the partners or by an attorney-in-fact. If signed by an attorney-in-fact, there should be attached to the bid a power of attorney evidencing authority to sign the bid, executed by the partners. Bids which are signed for a corporation should have the correct corporate name thereof and the signature of the President or other authorized officer of the corporation manually written below the corporate name following the word "By: ". If such a bid is manually signed by an official other than the President of the Corporation, a certified copy of a resolution of the Board of Directors evidencing the authority of such official to sign the bid should be attached to it. Such bid should also bear the attesting signature of the secretary of the corporation and the impression of the corporate seal. The Contractor shall be deemed as having been awarded when formal notice of award shall have been duly served upon the intended awardee (i.e. , the bidder to whom the Owner contemplates awarding the contract) by some officer or agent of the Owner duly authorized to give such notice. 13. Filing Bids. After bids are opened and read aloud, they shall be placed on file for public inspection and shall remain there as the property of the Owner. Any bidder may withdraw his bid at any time prior to the scheduled closing time for the receipt of bids, as stated in the Advertisement for Bids, but no bid shall be withdrawn for a period of thirty (30) days after the scheduled closing time for the receipt of bids. 14. Alternates. Proposals may be submitted on one or all of the Alternates, Items , and Units as shown in the Proposal Form at the bidder's option, unless other- wise directed elsewhere in these specifications. Each bidder must submit such special data, if any, in respect to such alter- nates, which any section of the Contract Documents requires to be submitted with each bid. 15. Supplemental Unit Prices. Where supplemental unit prices are shown in the Proposal on lump sum contracts, the Owner reserves the right to reject any or all supplemental unit prices which it deems to be excessive or unreasonable. In cases where any part or all of the bidding is to be received on a unit price basis , the quantities stated on which prices are invited are approximate only, and each bidder is required to make his own estimates of the actual G.C. - 4 amounts and calculate his bid price accordingly. The estimated quantities shown, while made from the best information available, are approximate only, and payment of the Contract will be based on the actual number of units installed in the completed work. Bids will be compared on the basis of the stated number of units in the Pro- posal Form. 16. Notice of Award. The Contract shall be deemed to have been awarded upon dis- patch to the Contractor by the Owner of the Notice of Award. The Notice of Award will be considered as dispatched when properly addressed and deposited in the U. S. Mails, or when handed in person to an authorized representative of the Contractor by the Owner or his Agent. 17. Definition of Notice. Where, in any section of the Contract Documents , there is a provision requiring the giving of a notice, such notice shall be deemed to have been given (to the Owner) when written notice shall be delivered to the Engineer or the Owner, or shall have been placed in the U. S. Mail addressed to the Chief Executive Official of the Owner at the place where the bids, or proposals, for the Contract were received; and (to the Contractor) when a written notice shall be delivered to the chief representative or superintendent at the site of the project to be constructed or when such notice is placed in the U. S. Mails addressed to the Contractor at the address of his permanent place of business; (to the Surety) on the performance bond when a written notice is placed in the U. S. Mails addressed to the Surety at the home office of such surety. 18. Execution of Contracts and Bonds. Each Contract must be executed in four (4) original counterparts, (seven [7] original counterparts when the U. S. Govern- ment is participating), and there shall be executed original counterparts of the Contractor's performance bond in equal number to the original counterparts of the Contract. One copy of such executed documents will be retained by the Owner, the second will be delivered to the Contractor, the third will be de- livered to the Surety, and the fourth to the Engineer. (When necessary, three [3] copies will be sent to the U. S. Governmental Agency. ) In addition to the performance bond, the Contractor may be required to furnish documents attesting to the required compensation insurance, public liability insurance, and property damage insurance required herein. The entire cost of executing the bonds, the Contract, and the insurance, in- cluding all notarial fees and expenses, are to be paid by the Contractor. 19. Performance Bond. The Contractor shall furnish a surety bond (form attached) in an amount at least equal to one hundred percent (100%) of the Contract price as security for the faithful performance of this Contract and for the payment of all persons performing labor and furnishing materials in connection with this Contract. 20. Contractor's Insurance. The Contractor shall not commence work under this Con- tract until he has obtained all insurance required under this paragraph and such insurance has been approved by the Owner, nor shall the Contractor allow any Subcontractor to commence work on his subcontract until all similar insur- ance required of the Subcontractor has been so obtained and approved. G.C. - 5 n • /Th A. Proof of Carriage of Insurance. The Contractor shall furnish the Owner with satisfactory proof of carriage o£ the insurance required. B. Compensation Insurance. The Contractor shall take out and maintain during the life of this Contract Workmen's Compensation Insurance for all of his employees employed at the site of the project and, in case any work is sublet, the Contractor shall require the Subcontractor similarly to pro- vide Workmen's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Con- tractor. In case any class of employees engaged in hazardous work under this Contract at the site of the project is not protected under the Work- men's Compensation statute, the Contractor shall provide, and shall cause such Subcontractor to provide adequate employer's liability insurance for the protection of his employees not otherwise protected. C. Public Liability and Property Damage Insurance. The Contractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance' as shall protect him and any Subcontractor performing work covered by this Contract, from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from operations under this Contract, whether such operations be by himself, or by any Subcontractor, or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows: Public Liability Insurance in an amount not less than $100,000 for injuries , including accidental death, to any one person and, subject to the same limit for each person, in an amount not less than $300,000 on account of one accident, and Property Damage Insurance in an amount not less than $25,000. 21. Royalties and Patents. The Contractor shall pay for all royalties and patents. The Contractor shall and will indemnify, save harmless and defend the said Owner from any and all suits, actions, legal proceedings, claims, damages , demands, costs, expense and attorney's fees , incident to any infringement of any patent or patents , appliances or materials used by the Contractor in the work or installed or incorporated in the work or in any way connected there- with. The Owner shall pay for any license fee or royalties for processes. 22. Permits, Surveys, and Compliances with Laws. The Contractor shall pay for all permits and licenses necessary for the prosecution of the work unless otherwise specifically provided. The Contractor shall give all notices, pay all fees, and comply with all laws, ordinances, rules , and regulations bear- ing on the conduct of the work. The Owner will furnish all site surveys, easements, permits, pipe line licenses, etc. , necessary to authorize construction of any permanent work required in the specifications, where such work is to be done on property other than the Owners. 'Construed as including Contractor's contingent or Protective Insurance if necessary to protect the Contractor from damage claims arising from operations under this Contract. G.C. - 6 f'1 23. Subcontracting. The Contractor shall not subcontract work to be performed or any materials to be furnished in the performance of this Contract without the written consent of the Owner. If the Contractor shall sublet any part of this Contract, the Contractor shall be as fully responsible to the Owner for the acts and omissions of his Subcontractor and of the persons either directly or indirectly employed by his Subcontractor, as he is for the acts and omis- sions of persons directly employed by himself. The Contractor agrees that this Contract obligation shall be in addition to the liability imposed by law upon the Contractor. The Contractor shall notify the Owner in writing of the names of the Subcon- tractors proposed for the principal part of the work, and shall not employ any Subcontractor that the Owner or Engineer objects to as incompetent or unfit. The Owner shall on request furnish to any Subcontractor, whenever practical, evidence of the amounts certified to or on his account. Nothing contained in the Contract Documents shall create any contractual relationship between any Subcontractor and the Owner. 24. Assignment of Contract. The Contractor shall not assign this Contract or any part hereof without the written consent of the Owner. No assignment of this Contract shall be valid unless it shall contain a provision that the funds to be paid to the Assignee under the assignment are subject to a prior lien for services rendered or materials supplied for the performance of the work called for in said Contract in favor of all persons, firms, or corporations rendering such services or supplying such materials. Such provision, however, need not be inserted if the "assignment" technically constitutes a novation, i.e. , the assignee not only acquires the benefits under the Contract but also assumes the obligations thereunder in place of the assignor. 25. Other Contracts. The Owner may award other contracts for additional work, and the Contractor shall fully cooperate with such other contractors and carefully fit his own work to that provided under other contracts as may be directed by the Engineer. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other Contractor. 26. Guarantees. All work shall be constructed in accordance with the plans and these specifications and standard construction codes and must be guaranteed for a period of one (1) year from the date of final acceptance, or for such longer period as may be required in the Special Provisions. In placing orders for equipment, the Contractor shall purchase same only under a formal and written guarantee from the respective manufacturers that the equipment supplied will function properly as an integral part of the com- pleted project in accordance with the plans and these specifications. The Contractor shall require that the manufacturer of proposed equipment agree in writing, at the time of placement of the order, to furnish, in cooperation with the Contractor, technical superintendence and mechanical labor and parts, that may be required during the installation or tune-up period, to make the G.C. - 7 � • th 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 n n 31. Delivery of Material. Material delivered on the sides of the street for use upon the street, or adjacent thereto, shall be neatly and compactly piled up along the sides of the roadway in such a manner as to cause the least incon- venience to the property owners and to the general public; private drives and street crossings are to be kept open. Shade trees and other improvements shall be protected by the Contractor from all damage. Fire hydrants are not to be obstructed at any time. No material will be allowed to be delivered on any street except by permission of the Owner; and any material delivered without such permission shall, upon due notice to the Contractor to that effect, be immediately removed from the street; and, upon failure of the Contractor so to do, the Owner is hereby authorized and directed to cause such material to be removed and the cost thereof charged to the Contractor. 32. Intent of the Contract Documents. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the Contract Documents is to include in the contract price the cost of all labor and materials, water, fuel, tools, 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 • 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 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 • 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'1 they can be properly referenced for relocation. The Contractor shall furnish at his own expense, such materials and assistance as is necessary for the proper replacement of monuments or bench marks that have been moved or destroyed. Any instrument man or survey assistant employed on the work by the Contractor or his Subcontractors shall, in the judgment of the Engineer, be compentent or they shall be removed from the work and replaced by a competent individual. Unless otherwise specified in the Special Provisions , the Contractor shall furnish rodmen, chainmen, stakemen, and all wood and metal stakes required to assist the Engineer in the staking and marking of the work for the Con- tractor. 47. Use of Job Site. The Contractor shall confine his equipment , apparatus, the storage of materials and operation of his workmen to limits indicated by law, ordinances, permits or directions of the Owner and shall not needlessly encum- ber the premises or adjacent streets or property with his materials. The Contractor shall make satisfactory arrangements to store his material and equipment after delivery, and before and during construction. The Owner can assume no responsibility prior to the completion and final acceptance of the installation. The Contractor shall not load or permit any part of the struc- ture to be loaded with a weight that will endanger its safety. The Contractor shall enforce the Engineer's instructions regarding signs, advertisements , fires, and smoke. 48. Sanitary Convenience. Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be erected and maintained by the Contractor in such manner and at such points as shall be approved by the municipality, or other governing body affected, and their use shall be strictly enforced. 49. Protection of Work - Watchmen, Lights, Etc. The Contractor shall continuously maintain adequate protection of all his work from damage and shall protect the Owner's and adjacent property from injury arising in connection with his Contract. Colored lights and flares, and if required, watchmen, are to be maintained by the Contractor when necessary to prevent accident. Night watchmen, or Sunday watchmen, are to be maintained by the Contractor when necessary, to prevent accident, theft or property damage. 50. Accident Prevention. Precaution shall be exercised at all times for the pro- tection of persons (including employees) and property. The safety provisions of applicable laws, building, and construction codes shall be observed. Machi- nery, equipment, and all hazards shall be guarded or eliminated in accordance with the safety provisions of the Manual of Accident Prevention in Construc- tion, published by the Associated General Contractors of American, to the extent that such provisions are not in contravention of applicable law. 51. Care of Existing Structures and Property. All poles, trees, shrubbery, fences, sewer, water, gas, or other pipes, wires, conduits , and manholes, steam, G.C. - 13 electric, and street railway structures and tracks, tunnels , tunnel shafts, buildings , and all structures and property along the route of said proposed improvement shall be supported and protected from injury by the Contractor during the construction and until the completion of said improvement and appurtenances. The Contractor shall be liable for all damages to such struc- tures and property and shall save and keep the Owner and Engineer harmless from any liability or expense for injuries, damages, or repairs to same. 52. Defects. All settlements, defects, or damages in any portion of the improve- ment caused by public travel, settlement of foundation, defective material or workmanship, before the final acceptance of the work by the Owner shall be repaired and made good at the Contractor's expense before the final inspec- tion and payment are made. 53. Cutting and Patching. The Contractor shall do all cutting, fitting, or patch- ing of his work that may be required to make its several parts fit together or to receive the work of other Contractors shown upon, or reasonably implied by, the plans and specifications for the completed structures, and he shall make good after them as may be directed by the Engineer. The Contractor shall not endanger any work by cutting, digging, or otherwise and shall not cut or alter the work of any other contractor without the consent of the Engineer. 54. Employment Conditions. The Contractor shall fully inform himself of all the laws, decrees, rules, regulations, and all ordinances which will prevail, relating to the employment of labor and labor rates and payment thereof, and he shall be governed thereby and shall comply fully therewith. Local labor, either skilled or common, shall have the preference, insofar as it may be practicable. 55. Qualifications for Employment. No person under the age of sixteen (16) years and no person currently serving sentence in a penal or correctional institu- tion shall be employed to perform any work on the project under this Contract. No person who age or physical condition is such as to make his employment dangerous to his health or safety, or to the health and safety of others, shall be employed to perform any work on the project under this Contract; provided, that this sentence shall not operate against the employment of physically handicapped persons, otherwise employable, where such persons may be safely assigned to work which they can ably perform. 56. Employees and Equipment. All employees of the Contractor shall have such skill and experience as will enable them to properly perform the duties assigned them. Any person employed by the Contractor or a Subcontractor who, in the opinion of the Engineer, does not perform his work in a proper and skillful manner, or who is disrespectful, intemperate, disorderly, or otherwise objec- tionable, shall at the written request of the Engineer, be forthwith discharged and shall not be employed again on any portion of the work without the written consent of the Engineer. The Contractor or a Subcontractor shall furnish such suitable machinery, equipment, and construction forces as may be neces- sary, in the opinion of the Engineer, for the proper prosecution of the work, and failure to do so may cause the Engineer to withhold all estimates which have G.C. - 14 eTh • /1 or may become due, or the Engineer may suspend the work until his requests are complied with. 57. Superintendence. The Contractor shall give his personal superintendence to the work or have at the site of the work at all times a competent foreman, superintendent, or other representative satisfactory to the Owner and Engineer and having complete authority to act for the Contractor. Insofar as it is practicable, the individual who has been selected to represent the Contractor shall so act, and shall follow without delay instruction of the Engineer in the prosecution of the work in conformity with the Contract. 58. Working Hours. The work shall be done in the presence of an Engineer or inspectors appointed by the Owner, and unless special arrangements are made with the Engineer, work shall only be done during regularly and commonly accepted or prescribed working hours. No work shall be done nights or Sundays unless special permission shall be given by the Engineer. Night work or Sunday work, in residence areas, must be conducted with a minimum amount of noise and disturbance. In general, Saturday work shall be at the Contractor's option; however, the Engineer or inspector shall be notified on each Friday when the Contractor intends to perform work on Saturday. The Contractor shall make every effort to schedule a full crew when Saturday work is intended. 59. Detailed Estimates - Breakdown. The Contractor may be required, within ten (10) days following the award of Contract, to furnish to the Engineer a detailed estimate and breakdown of the Contractor's estimate of cost conform- ing to the Contractor's bid, which estimate or breakdown shall be the basis of estimating periodic payments to the Contractor. This estimate shall be subject to the review and modification of the Engineer. 60. Construction Reports. The Contractor, as the work progresses, shall submit to the Engineer schedules of actual unit costs, which schedules shall be in such form and shall be supported as to correctness by such of the estimates upon which they are based, as to permit the preparation or revision of monthly estimates for partial payment. 61. Monthly Estimates - Payment. The Engineer, upon the first day of each month, or as early as is practical thereafter, will make an approximate estimate in writing of the materials incorporated into the work, the amount of work performed, and the value thereof at the contract unit prices. From the total amount so ascertained will be deducted such percentage as is outlined in the Special Provisions of this Contract, said percentage to be retained until after the completion of the entire work to the satisfaction of the Owner, and the remaining percentage of the amount so ascertained will be paid to the Contractor. In addition to the above and upon presentation of certified copies of invoices and freight bills, an estimate shall be made for payment of ninety percent (90%) of the value of acceptable, non-perishable materials intended for incorporation into the completed work, suitably stored at the site or other acceptable storage places, and which have not been used in the work prior to such estimate. G.C. - 15 r'1 No estimate other than a final estimate will be made where the value of the work performed since the last preceding estimate is less than $1,000.00. Not later than the 15th day of each month, the Owner will make payment to the Contractor on the basis of a duly certified estimate as prescribed above. 62. Final Estimate - Payment. The Engineer's final estimate shall be based upon a careful detailed estimate of the materials and equipment furnished and in- stalled in the completed improvement according to the provisions of these specifications. Final payment shall be made to the Contractor for any amount remaining due upon the final inspection, testing, and formal acceptance of the work by the Owner within thirty (30) days after the final completion and the acceptance of work. 63. Extra, Additional, or Omitted Work - Payment. The Owner, upon proper action by its governing body, may authorize changes in, additions to, or deductions from the work to be performed or the materials to be furnished pursuant to the provisions of the contract or any other contract documents. The Owner reserves the right to increase or decrease the contract quantity of minor bid items, and such additions and/or deductions shall not be a basis for claims for extra compensation other than that provided in the Proposal and these specifications. The Owner further reserves the right to increase or decrease the contract quantity of major bid items by an amount not to exceed twenty percent (20$) without altering the unit price bid shown in the Proposal. Change in the quantity of each bid item in excess of twenty percent (20%) may be accom- plished only after a satisfactory unit price has been negotiated between the Contractor and the Owner. A major bid item is defined as any bid item whose total dollar extension on the original contract equals more than ten percent (10%) of the total con- tract amount. Adjustments, if any, in the amounts to be paid to the Contractor by reason of any such change, addition, or deduction, shall be deemed by one or more of the following methods: A. By unit prices contained in the Contractor's original bid and incorporated in the construction contract. B. By a supplemental schedule of prices contained in the Contractor's original bid and incorporated in the construction contract. C. By an acceptable lump sum proposal from the Contractor. D. On a cost-plus basis. A cost-plus basis is defined as the cost of labor, materials and/or equipment which will be incorporated into the completed work, rental of construction equipment, and insurance plus fifteen per cent (15$) of said cost to cover all other miscellaneous expenses and profit. E. By negotiated changes in unit prices. G.C. - 16 n n No claim for an addition to the contract sum shall be valid unless authorized by official order of the Engineer or Owner prior to the accomplishment of the work. 64. Measurements and Quantities. All measurements and determination of quantities shall be made by the Owner, through its proper officers, and these measure- ments shall be final and conclusive between the parties and nothing contained herein shall be construed as to deprive the Owner of any remedy or defense it may have under the same for any violation of the terms or conditions of this agreement. 65. Deduction for Uncorrected Work. If the Owner deems it expedient to accept work injured or not done in accordance with the contract, the difference in value, together with a fair allowance for the damages, shall be deducted. 66. Correction of Work After Final Payment. Neither the final payment nor any provisions in the contract documents shall relieve the Contractor of the res- ponsibility for negligence or faulty materials or workmanship within the extent and period provided by law and, upon written notice, he shall remove any defects due thereto and pay for any damage due to other work resulting therefrom, which shall appear within one (1) year after date of completion and acceptance. 67. Approval of Work. The authorized and herein described project shall be com- pleted in all respects and all materials used in its construction and all work thereon shall be in strict accordance with the specifications set forth herein and in full compliance with the said detailed plans therefor, attached hereto, and made a part hereof. All work shall be done in a first class work- manlike manner, under the direction, and to the satisfaction, of the Engineer and Owner, prior to being approved and accepted by the Owner. 68. Acceptance and Occupancy. Should it, in the judgment of the Owner, be deemed advisable and to the best interests of the public, to place in use or in service any portion or portions of the work prior to the completion and acceptance of the whole work, such completed portion or portions as may be ordered in writing by the Owner shall be placed in use or service and the Contractor shall agree thereto. Such action on the part of the Owner and the Contractor shall not be construed as a final acceptance of any portion or portions of the work by the Owner, nor shall such action relieve the Contractor from his liability to complete the whole of the work in accord- ance with the plans, specifications, and construction contract. The Con- tractor shall make no claim upon the Owner for any amount of extra compensation because of such action, but the said Owner shall not require the Contractor to pay the costs of operation of any portion of the work so placed in use or operation and the said Owner shall not, by its action, subject the Contractor to unreasonable expense in preparing separate portions of the work for use and service prior to the completion of the shole of the work. 69. Starting in Operation. The Contractor shall furnish a skilled operator to adjust and start all of the equipment erected and to put it in successful operation. After the equipment has been satisfactorily adjusted, the operator shall instruct the Owner's operators as to the proper methods of starting, adjusting, and caring for the equipment furnished and installed under these specifications. G.C. - 17 r„N • 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 • r'1 75. Requests for Time Extensions. The Contractor shall submit a statement of the number of days lost each calendar month which he may intend using as a basis for a claim for time extension. Said statement shall be filed in duplicate with the Engineer at the same time the partial payment estimate is submitted by the Contractor. The Engineer shall return one (1) copy of the claim for time extension to the Contractor with appropriate comments. The Engineer's comments shall not be construed as a formal time extension, but will indicate the recommendations of the Engineer to the Owner. A normal amount of inclement weather shall not constitute a basis for an extension of time under this Contract. A day lost due to inclement weather shall be defined as a day on which the Contractor is unable to work four (4) or more hours on a major item of construction. Should work be stopped due to unfavorable weather conditions for an aggregate of ten percent (10%) or more of the total Contract time, an extension may be granted; if the total number of days lost due to inclement weather exceeds ten percent (10%) of the total number of Contract days. The basis for computing any such time extension shall be the weather condition records kept by the Engineer. 76. Liquidated Damages. In the event that the Contract has not been completed within the specified time (including approved time extensions), the cost of excess engineering services shall be deducted from monies due the Contractor as Liquidated Damages. The amount of liquidated damages chargeable per day shall be as shown in the Special Provisions and includes only actual payroll costs plus all payroll overhead items. On Contracts where no regular resident engineer is assigned, the Contractor shall be charged the daily rate shown in the Special Provisions for trips required of an engineer to make inspections after the stated completion date. No other liquidated damages will be charged for non-compliance within the specified time unless specifically stated in the Special Provisions. 77. Cleaning Up - Removal of Rubbish. The Contractor shall at all times keep the premises free from accumulations of waste material or rubbish caused by his employees or work. Rubbish and surplus material which may accumulate during and by reason of the work herein provided for shall be removed from the roadway, sidewalks, and intersecting street by the Contractor within three hundred (300) feet of the finished improvement, as fast as the improve- ment is completed, upon any part or section of the street, and such portion of the street left clean and in good condition. The Contractor will be required to remove all existing structures , foundations, rubbish and debris as a part of his Contract, and shall dispose of same to the satisfaction of the Engineer and such useful materials shall remain the property of the Owner. At the completion of the work, the Contractor shall remove all his rubbish from and about the building and all his tools, equipment, scaffolding, and surplus materials and shall leave his work clean and ready for use. In case of dispute, the Owner may remove the rubbish and surplus materials and charge the cost to the Contractor or the several contractors in proportion to the amounts as shall be determined to be just. G.C. - 19 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 WELD COUNTY CONSTRUCTION STANDARDS 3r fe * 9: :4 :: 4: 9r * :: 9c * 'r * * x is * :t :t :: * el\ r., SECTION 4 The Weld County Official Construction Standards as adopted the 3rd of January, 1973, shall be used wherever applicable to this Contract. Copies of these standards are available at the office of the Weld County Engineer and the office of Nelson, Haley, Patterson and Quirk, Inc. Particular attention is directed to the sections in these standards covering embankment, crushed base course, and asphalt paving. SECTION 5 SPECIFICATIONS FOR RIPRAP (Index) Paragraph Title Page A General R - 1 B Riprap R - 1 C Construction Methods R - 1 D Measurement and Payment R - 1 ' * * * * * 9: & a: * do fi * * t is * 3c t - r. 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 Hello