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Home My WebLink About730857.tiff L u g 819 r < RESOLUTION WHEREAS, heretofore and on March 21, 1973, by Resolution, the Board of County Commissioners of Weld County, Colorado, did autho- rize the Board to enter into an agreement with the engineering firm of Nelson, Haley, Patterson and Quirk providing for submission of com- plete architectural and engineering studies and providing for the erection of a new recreational building at Island Grove Park; and WHEREAS, the Board, pursuant to a study and recommendation of the engineering firm of Nelson, Haley, Patterson and Quirk, has deter- mined that there is a need to build new sewer and water lines in con- nection with the construction of a new recreational building at Island Grove Park and to abandon the existing sewer and water lines thereat, and WHEREAS, the Board believes it to be in the best interest of the County to seek bids for the Board's approval relative to the abandon- ment of existing sewer and water lines and the building of new sewer and water lines in connection with the construction of a new recreational building in accordance with the submitted specifications that meet and comply with the City of Greeley, Colorado building code requirements. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, Weld County, Colorado, that Mr. Barton Buss, Chief Accounting Officer and Purchasing Agent for Weld County, advertise for bids relative to building new sewer and water lines and the abandon- ment of the existing sewer and water lines in connection with the afore- said building all in accordance with construction criteria and as shown on exhibits attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED, that all bids shall specify that con- struction shall be in accordance with specifications as submitted. BE IT STILL FURTHER RESOLVED, that the Board be, and it hereby is authorized to execute an agreement with the successful bidder for the construction of new sewer and water lines and the abandon- ment of the existing sewer and water lines in connection with the con- struction of the aforementioned new recreational building at Island Grove Park. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of August, 1973. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ides-./�411�> "--) 01.04� 3,4.41. ATTEST: I l .'9 f�' I�rsa.e-Lp /► 11 County Clefdk and Recorder and Clerk to the Board / gBY �,/�,.1/c1,/-,a,/ e uty ounty Clerk A0 ED AS /TO FORMJ:- //• • C and ty Atrorne � 730857 (c. Gig, a°,4e,ct/ 7 f,�. .. N r t_NR 819 t UTILITY RELOCATION ON THE WELD COUNTY ISLAEXHIBITION BUILDING ND GROVE PARK WELD COUNTY, COLORADO NELSON, HALEY, PATTERSON & QUIRK, INC. • ENVIRONMENTAL 0 _ CONSULTANTS 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. I. Name and address of party to whom this certificate is issued 2. .Name and address of insured f Board of (veld County —1 Loveland Excavating Coe Commissioners 300 Madison Avenue Weld County, Colorado Loveland, Colorado 80537 L _J 3. Location of operations to which this certificate applies 4. Coverages For Which Insurance is Afforded _ Limits of Liability Policy Number Policy Period" • Workmen's Compensation and Compensation—Statutory Employers'Liability in the state named in item 3 hereof Bodily Injury Liability • —except automobile g ,000 each personr•-�,. *Rcz'r°�'-- y s�e '. S ,000 each occurrence V- • � � j� �1 . 1 r � �„ t g ,000 aggregateY }Completed Operations {�[. I U S U R A F9 C E AND BUDS eluding Protective and Products only Property Damage Liability except automobile 5 ,000 each occurrence ts.,....�, t3 C•gt:r•, _ _ ,.4 eluding Protective S ,000 aggregate ' • Bodily Injury Liability —automobile E ,000 each person _ ,000 each accident S ,000 each occurrence Property Damage Liability • —automobile = ,000 each accident L ,000 each occurrence • — — Liability (Bodily Injury and $ 300 ,000 each occurrence 650-832A364A-COF 6-1-73/74 Property Damage) t 300 ,000 aggregate • _ E ;000 each occurrence Catastrophe or Excess ,000 each aggregate E ,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.M., standard time at the address of the named insured as stated herein. Description of Operations,or Automobiles to which the polies, applies: Utility relocation of the Weld County Exhibition Ruining - Island Grove Park Weld County, Colorado The insurance afforded is subject to all of the terms of the policy, including endorsements, applicable thereto. Producer_RIEDIV0I AGENCY4_INCa __-- -- Office__Denver_052—.— Date__8'23-73 EQUITABLE FERE AND MARINE INSURANCE COMPANY THE TRAVELERS INSURANCE COMPANY THE TRAVELERS [NDEMNEI'Y COMPANY TILE cli ARTER OAK EIRE INSURANCE COMPANY Secretary, Casualty-Property Department Oy --� -^'� -! C-9718 Rev.7-63 acinere ,. u $ 371 _rerc(ary, r asualty-Property Department 1111 CONTRACT DOCUMENTS AND SPECIFICATIONS UTILITY RELOCATION ON THE WELD COUNTY EXHIBITION BUILDING ISLAND GROVE PARK WELD COUNTY, COLORADO Project No. 73 1 ARC 0117 August, 1973 OEP DESIGNATION 5-8 NELSON, HALEY, PATTERSON and QUIRK, INC. Engineering Consultants Greeley, Colorado , r CONTRACTOR'S PROPOSAL UTILITY RELOCATION WELD COUNTY EXHIBITION BUILDING ISLAND GROVE PARK 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 relocation of utilities on the Weld County Exhibition Building at Island Grove Park, 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 for ow�Bidding Schedule; • it being understood that each of the items is to be constructed complete in place and ready for use, including all labor, materials, and expendable equipment of every kind and nature necessary to construct, install and perform the same, and that each item shall be constructed in all aspects so as to accomplish the purposes for which the same was intended by the said plans and specifications: , r LOCAL NON UNION /CONTRACTOR LOVELAND EXCAVATION CO. WELD COUNTY RECREATION. BUILDING ESTIMATED COST - SITE UTILITIES Item Description Quantity Unit Unit Cost Total Cost Sanitary Sewer 1. 8" VCP 626 L.F. 7.50 4,695.00 2. 6" VCP 155 L.F. 6.50 1,007.50 3. Manholes 3 Each 400.00 1,200.00 . 4. Cleanouts 1 Each 300.00 300.00 5. Asphalt Cut and Patch 36 S.Y. 12.00 432.00 6. Concrete Cut and Replace 11 S.Y. 12.00 132.00 7. Sewer Tap 1 Each ' No Bid. 990.00 $ 8,756.50 Water 8. 1 1/2" Copper Service 90 L.F. 3.00 270.00 9. 1 1/2" Meter (Purchase from City of Greeley) 1 Each No Bid 181.00 10. 1 1/2" Street Tap 1 Each No Bid 895.00 $ 1,346.00 Irrigation System 11. 8" Concrete Pipe 132 L.F. 4.00 528.00 $ 8,564.50 Drainage Fee "Estimated"at $2,926.50 by City 3,000.00 Park Fee $ 3,528.00 None Required TOTAL COST $ 13,630.50 1 . .�. e""••< / bid including any of the selected the total base deductions and/or alternates , Shall be the basis for establishing the amount of the performance bond on this Contract. The total base bid is based on the quantities shown in the Proposal Form and on the dimensions shown on the plans where specific quan- tities are not itemized, and is subject to additions or reductions according to the actual construction quantities and measurement of the finished con- struction as determined by the Engineer upon completion of construction. . The undersigned has carefully checked the above shown bid euantities against the plans and specifications before preparing this Proposal and accepts the said quantities as substantially correct, both as to classification and amount, and as correctly listing the complete work to be done in accordance with the plans and specifications. • If awarded this Contract, the undersigned agrees to enter into a Contract within five (5) days and to complete the work to the satisfaction of the said Owner within sixty (60) 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: S i/'/ 2 ? FIRMS NAME: � L1 C Aeirs "� y Co. • • Official Address: ,�n ar✓v`+y „// 7 6 (O 19 By. �� J/(/ //f// w ,,i-e,.��LeZe 0 6 5-33 Title: () il, e d . . • P. - 3 �. . • .• • . CONTRACT. . THIS CONTRACT, made and entered into this day of , " A.D., 1373, 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 , 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 Caner agree as follows: 1. The Contractor shall perform everything required to be performed • and shall provide and furnish all of the labor, material$, necessary tools; expendable equipment, and all utility and transportation services required . to perform and complete in a workmanlike manner all the work required in connection with the construction of Weld County Road Repair improvements for "the Owner, all in strict accordance with the plans and specifications, including any and all addenda, prepared by Nelson, Haley, Patterson and Quirk, Inc. , Engineering Consultants, Greeley, Colorado, acting for the Owner and in these Contract Documents referred to as the Engineer, which plans.and specifications . a e made a part of this Contract; and in strict compliance with the Contractor's Proposal and the other contract documents herein mentioned which are a part of this Contract, . and the Contractor shall do everything required by this Contract and the other documents constituting a part thereof. 2. Payments are to be rude to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 3.• Work under this Contract shall commence within five (5) days after a written notice from the Owner to the Contractor who shall diligently • 1 - . . • prosecute and complete all work under this Contract ready for u c 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) _ Construction Plans and Specifications - 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, 1563, 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 HEREOF, the parties have caused this instrument to be . executed the day and year first above written. HELD COUNTY, COLORADO �}�(-40 9- G • Contracto itaidet 1/resi � • BY: t Glenn K. illings� • Title: ( ) LIZ., --Airy TO- )-.1---C4 / Attest: N /Y/6� veil (SEAL) Title: � � at Harry shley ATTEST: aPfselig-bni-e-V. (SEAL) . • Ann poser 4 Z •aid./ &pity County G9ent __ ___ - . .- - •- , prosecute and complete all work under this Contract ready for ue in accord • ante 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 to Technical Specifications, including all Addenda (Nos. , inclusive) Construction Plans and Specifications • Shop and ;forking 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, 1563, 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. LIP r WELD COUNTY, COLORADO Contracto � e�� l Glenn illings� _ Title: [)' Q kite . } l �� /i7 Attest: � (Nlr �1 f�neU�® (SEAL) 1 ; oy •o Title: �� N - Harry shley ATTEST: atio. �,esy�tt� (SEAL) . Ann poser 4: a (24,•L./ Deputy County awl • . -,- •Qi:r.: d:.l'�`��,u •:'\; s ��a::? �:.>:t'i�"M . DY'tL �4 '` farad #93rAh29>:: .. • . '; _ :of� .f, rte:, BY xs� r�..:7��. . .. �" . •• • That u.�, r.•,� 1.:--'.-- - ' ned, Loveland Excsi'at11Cg +' .• .. ^ Loveland .._-- -- —___- _...__ -- - - ' ------ �, "olnrsdo c rs i _:i`7fie`'�r`ave'�r " . __ __Indelrnit r ompanv .--7" _ - � _._ __ _._. _.._-..-- 41r7ci�c �;-1^� C7 `%=='=_ .T . - _ _.----.- - .. � . . ,....,,-,,,,,-..2,;Q* ,,: 1- in t�g.�t: :=:.,j :+:.. - ". ;lily 41....11.7 J 7�cz=:o - _ _ O__ .. . t ._..s C - t..a Si ie ui __.•�<��oradc "-'a se c t f, ,:.:'2 ."..: '_.4. c'::'.'� 'I : .he Weld Co ll P W _ _-_ s__,_ -ZOtulty, ..;o1 nl`_dr: _ • __ //Five• LHundred Six .. .•..-okr awl .::n,1 r)0..-- ..—___.,f _ . . ... � . ' CI• ti.. :_::-a i).... ':7i.-::- • ti. a �i�F::. ��...'a• 4tj.F.....-..-_-••• .7 }.. 7 .. _ t . i''_.. 7.7.:s... :. .. •- ' •^y .. 7' .. : -.... ..1 ••• :•: ,. h•_.x•5 , r.,..:-::••.:.•;.'. .. _ _ .• ...-:,- -_. _. ..- ?..: A_V.� .>-, .. G:.:J '. • i. - • .. y, f.i....•..•, -1 .�. -7,� ` .. v.. •' ' :' . `;� :':`_:.�h.s,-c0:..7Ac--.1...-. .rt... • _ - y a-C ...., - :::t::.,•-; ::: ..i`. .'t•.`•"2'.:'.. , ti �.-.a_ 7-...,. : ._. _ _ .. •;.--r5,-( r ,. _ .. �, •thek ,�yeld _ ..___•._. ._�Qmmitte Ikozol l4._j!yl_ci_-c�!tL"+,�_2_.c0.10 'S(- r ...1.(.../1.: t4'_` - '.N w • - 1% 1-'0"....:: c'_=_ _ ut1.11l.11 re'r^gt.a_4n an t'1r+ r r . i . ;=• -_ ..__ Islarcly Grove_.. ark ret''i.t , •4t, - __ i ....... . }'', ..",!:**:::::?..;....:S ?. ._`. ? si.:'..,- ' . . i, ._ .,. w .,., ` : ti.;:.�t.. _ ids.`':. •I': .. .. .. tk'+_• l+lr�r :2 .. .:: :.!: r_v•-:,‘_t .. _. . .. • If`,. .. • Weld County, -r..,-::•:i; , i v • • a.• •� • `ti su5co^t:r.-Ic=o • a't'e 1E...1-.1/4— e.nd r•.ater... . _s used or psrfo: _or pF (� C'i^ �,r- �' � .�-- Ll,� 2S(�G. _ 01 . 2:: �..�. �• •�" . -i;.-..1 !. 3.r._.'r••.---j ,-.:-.(1. <•._v e t _'_•......M.`?: t-.1......! V •; ^� c.n•;•of.act t�l='I: t,21 ". •!--:...."...-.75.....•;0`.11 .--.:7;. , .1.C sna it 'a 1:� a.'ti -t: !7/�f. e� !--. . -.!J .a '=;ter Vc?l'_ '":.C2:.'r�'4 , •t•__ `- i •_ .. Pa\.JYr��aJy .�......._. r_n p^ tb: 4.. '.i`_E: ._. `. : , 8'.'..3£?i i. -i?l +-rs :..._^..: .:i c'.. , .. (. - .. wcr �.^1 1 .•...-.:. 'r•'.�-tv. _ c.� • ;'.'1 ;:.2 �' s :l ;la S•C r.C i — • _ ; •• _� • }S:;; ,7.`.7 .�� _rte.-1 .::1 - ' r• _ •. . ._pia L7 L:: •L.;:Y� �i: ai. !.?.7._7:.;:--..1:.5",' '!: ..: y,'h.'$ .!?LIt+�'1• ice.• ar s e:-_.s _:t --- ..Greer eay,� .. ;'c'oredo _ ._. • • _..:` + 73 , . -• .--— {�. A.110.1 St i - _-.____..__.._.. ��_ • . . -`l . V . tY= :::2 - -- • - '-:--- - a • " SunF ty a . _ • • • i.tt; .. . .. ..._..--__..r.._ _.__. . .... .._..__..-----•. , - . . • • - 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 e,r 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 �NoeMN vas' '11. By !/ at: SEAL 1 3 f •,:*.�� 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. SGMpR` at NOTARY ':1^ +`.• rustic ' Notary Public cONwecw'J4 My commission expires Aril 1 1974 P 6-1869 PRINTED IN U.B.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 214th day of August 19 73. WS ounm ,44• -• n °-` SEAL :a Assistant Secretary, Surety uhf'•:;;: *�' S-1869 (BACK) /� r•N , • ~ • PEFEOPMANCE :4YMENT, AND MAINTE2la_�C£ BOND }' ' Y::Q'd. ALL 245.N BY THESE 2?ZS?`.TS: :/, .• - _.That we, the undersigned • - , as Principal, anti - _. ._. " , Z Corporation, organized and ex-is-tin,. under and by vi"i-2 of the laws o- the State of and duly author-zed to transact: business .in the State or and Surety> e'h_ld and fi ^?y bound unto -• -- - - . ..•. . .. .- .. in-the. nenal. sum of -- - - ' - .DOllas (j _ ?, •lawful money of the-United States oz. eni - - • - • for the•raf^t-'of_ which, well_and truly 7 - - ��--y. to be r=,.e-the said ?rinc_pa1 and .the said Surety do hereby bind ourSelves, ;our. heirs, exerutors, aelainistratOrs,• _ successors-,• end:assigns; .;o'_^ -d several firmly iT t � -_y Y> y y these presents, as The=conditioniof :he above obligation is such that; whereas, the . slid Principal has entered into a written contract with - - - _ - _• for the construction of ' .the work desig*.:ated •• locat=ed at in the State o: . - - ' , in conformity •.tit: the drawings,. plans, ' General Conditions, and. seecifications p- r-r l -_ , _ - _ :_�.a_ea by iie_sOP,. Paley, Patterson, and Qu'i_L c. _:r.e.ering C lc n Grand Junction, :., Inc. , . ..�__.______o ors�ltaats o� G=ze__y and G_a_. • . Colorado, which contract, drawings, plans, General Conditions, and specifica- tions are hereby referred to and made a part hereof, the same to all intents- .. nand purposes as is written at length herein, in which contract the said • Principal has contracted -t perform h� - c-- _z �_.. o per_o the work sp= �-•;ed in said cont=act in • ccordance he : eof• .a with t terms tact • IdCr7, THE'-FOP Ti^ CONDITIONS OP THIS C3'slGa^IOM ART-2 SUCH THAT 'is the above bonded Pr_nci_al sha11 well truly, and - ;t^-, e • � -, J, a ., <-a_ __r11,.y perform said - Contract and any alterations in and additions thereto and co^ply with all Oi-the terms end provisions thereof, and satisfy all claims and demands inc'_red ' by the Principal in the performance of said contract, and shall fully 1 indemnify ify , an d save hat—less the -from all damages, claims, demands, expense, ar_d charge . of every Kind (Inc le ing claims of patent infringement) arising from any act, omission, or neglect of said Principal his agents or = relation t0 said work; and she..1 fully reimburse - ' employees with 2tiOn - ' s — _.. 52 and repay t0. the • - all costs, damages, and expenses {•/hick they aly incur in making good any de-fault by the Principal, ;re-I-A;-o any default based upon the failure o the F-r; i l r _nc_pal to fulfill his obligation to furnish maintenance, reTairs, or reple.ce ents for the full guarantee period provided in the specifications contained herein and i.Z compliance with Ci..-'..pter 86, Article 7, Colorado Revised Statutes of 1903, as revised, a co-rdit].on of this bend. shall be that the Contractor shall at all ti.:es promptly make pay- rents of all amounts lawfully due to all persons supplying or furnishing ;lair . the or his subcontractors with 1?So. hd materials used or ?_�for= �`- _^•3= ^,a _ov4d-.".3 the above contract a-_- t::at :.. vill-;la . -' ::C7= •-i-�.�r.l _•SS the C�._er fcr he extent of any and all ._ -.•-_ 1•%111 =�_?�: � <_ d �aVZ i-c_ ._c - - Oav-rent; c ar con tion with the c -ying out of such contract, then. this { OSlioat_on 5!"311- be null and void, otherwise, it shall remain in SL•1-T .•- f - - anti. effect. _ - --- - ::: PROVIDED, FURTHER, that the S' *ety,'tor valve received, hereby - - 1 n Pg--•ees that to change, extension Oi ti-a., altera�ion, orQ aad;t;-=t s -d - contract _d v - • a3d1 t0 t�:? t•-+•ms Oi t}lE C'.�r.tl'=Ct or t0 t_^.'- iiOr': t0 r.2 �JZrSOr�: -^ r••' - -_ _ tion ,. on IIeCL_CatiCu5 aCCO�T�7_any-+�-'g the. same SC311 1R 2[lyW1Sa aS_-Ct _ .. utd_- , C^ thH - _ _ S CII t 15 �O^�.1, 2.^_d 1t does hereby waive P.OtiCE of any such - -•- ' ats Obl_g__ens - - _ - ,oalto-ration, cr add-=�a tG the ter:s-_. or_the-_ _ Cha^g2; eYt?_^_sic= of t1.._, .-_ - " - ',.:_-_"- " - , _ 'c`-_ - the specifications.- _ -a•_•'-,�i COiI'C'aCt, -Cr-..t0 the NCr:<� or t0 •'_ •":` -• �+i,.--;- ..• IN. _: ASS ',J:-_. _A: said. Pr.inc,p=,_ and Surety have set .r hands. • . iii;' this --day�a seals, a t' _ _ • of A.D. 13 - - - Princip=_1 (Contractor)f - - . - --;: - _ •. :. $y: - _ Attest: (SEAL) . • _ Surety . • . Attest: (SEAL) • • • -• - 2 - r-1 SECTION /1 SPECIAL PROVISIONS . (Index) Paragraph Title Page A General S.P. - 1 B Job Description S.P. - 1 C Job Construction Standards S.P. — 1 le * * * * * * e4 a': * * * 4e * * '� I • • J SPECIAL PROVISIONS A. The special provisions shall govern in the event of any conflict between this section and any other part of these specifications. B. and the relocation of sewer The construction consists of abandoning existing sewage facilities and specifications available watethenoffices of NHPste in ordanc1 with Drive, Greeley, plans Colorado. Q, 2021 Clubhouse C. The Weld County Official Construction Standards as adopted the third of January, 1973, shall be used wherever applicable to this contract. City of Greeley Construction Standards shall be adhered to and shall take precedence over Weld County Standards. S . P. - 1 / n SECTION 2 SPECIFICATIONS FOR TRENCH EXCAVATION AND BACKFILL (Index) Paragraph Title Page A General T.E.B. - 1 B Excavation T.E.B. - 1 C Handling Excavated Material T.E.B. - 1 D Trench Subgrade T.E.B. - 1 E Water T.E.B. - 1 F Sheeting and Bracing # T.E.B. - 2 G Blasting T.E.B. - 2 H Underground Obstructions T.E.B. - 2 I Drainage T.E.B. - 3 J Surface Improvements T.E.B. - 3 K Trench Backfill T.E.B. - 3 L Backfill and Cleanup T.E.B. - 4 M Measurement and Payment T.E.B. — 4 * * * * a: * * * * * * * * * * * * C SPECIFICATIONS FOR TRENCH EXCAVATION AND BACKFILL A. General. The Contractor shall furnish all labor, materials, tools, and equ—ipment and do all work necessary to make the required excavations and backfills, and to perform the required grading of whatever character necessary for the proper construction and completion of the proposed pipelines, all in accordance with these plans and specifications. Requirements of appropriate State regulatory agencies or Industrial Com- missions shall be observed and such agencies should be notified prior to construction if they so desire. B. Excavation. The ground shall be excavated by open trenching except where otherwise indicated by the drawings or specifications. ' Trenches shall be excavated to the depths necessary to provide the grade, cover and/or bedding conditions indicated. If the trench bottom consists of rock, shale or other material detrimen- . tal to the pipeline the trench shall be over-excavated to a depth of not less than 4 inches below the pipe barrel and bell and the excess depth refilled with approved select material firmly compacted to grade. The width of trenches shall be controlled to provide a minimum clearance �. of 6 inches on each side of the pipe, as well as a maximum trench width measured at the top of the pipe not exceeding the outside diameter of the pipe plus 24 inches. If trenches are inadvertently over-excavated, the Engineer may require that the over-depth be filled with approved material and compacted to the necessary grade. C. Handling Excavated Material. The material removed 'from the trenches shall be placed neat'.y along the sides of the excavation so as not to endanger the work and to cause as little inconvenience as possible to public travel and abutting property owners. Entrance to driveways shall not be closed more than 4 hours. Roadways shall be kept open to traffic unless closure is authorized by the Engineer. • Surplus material which cannot be replaced in the trench shall be disposed of by the Contractor. D. Trench Subgrade. Pipe shall be installed only on firm subgrade material. Where the existing subgrade material consists of unstable material, said material shall be removed and replaced with suitable granular material to a depth sufficient to provide a firm base for the pipeline installation. E. Water. When water is encountered in the trench excavation it shall be removed to the extent necessary to provide firm subgrade, to permit joints T.E.B. - 1 to be made dry at the final grade, and to prevent entrance of water into the pipeline. The foregoing may be accomplished by means of sumping and gravel blankets, well pointed, drain lines, or other means devised by the Contractor and approved by the Engineer. Where gravel blankets are required, a compacted layer of material free from clods and stones 4 inches thick meeting the 90 percent maximum density obtainable requirements as set forth in Paragraph K of this section, shall be placed between gravel surface and bottom of pipe such that pipe is not laid directly on the gravel. Sewer and drain joints of the resilient type may be made in water pro- vided the water is clear and free of foreign material, the joint is clearly visible around the entire circumference and the subgrade is stable. F. Sheeting and Bracing. It is the responsibility of the Contractor to do all shoring, bracing and tight sheeting necessary to protect workmen, new construction and existing improvements. The Contractor shall install sheeting and bracing necessary to meet the requirements of the State Industrial Commission or other authorized regulatory agencies. G. Blasting. Should the use of explosives be required in trenching, all possible precautions shall be in the use , storage, or transport of explosives. Explosives shall only be handled and used by competent experienced personnel. The use of explosives, and the storage and trans- portation of same, shall comply with all local and State requirements. The Contractor shall be responsible for any damage resulting from the use, handling or storage of explosives and shall hold the Owner free from any damage resulting therefrom. • H. Underground Obstructions. Where possible, the Contractor shall preserve intact any underground pipes, utilities or structures encountered during construction. In case any underground utilities, structures , pipelines, or other improvements are damaged they shall immediately be restored to their original condition at no cost to the Owner unless evidence of other arrangements satisfactory to all parties is presented to the Owner. ' Underground obstructions known to the Engineer except service lines are ' shown on the drawings. The locations shown may prove to be inaccurate and 'other obstructions not shown may be encountered. In any case, it shall be the responsibility of the Contractor to protect or restore all underground installations encountered. Existing service lines which interfere with trenching operations may be cut and replaced at the Contractor's option and at his expense, pro- vided that water users from such lines are notified presonally of the loss of service at least 2 hours in advance and provided further that • the use of such services shall in no case be interrupted for more than 4 hours, unless specifically authorized by the user. T.E.B., - 2 #Th I. Drainage. It shall be the responsibility of the Contractor to perform temporary grading necessary to prevent surface water or irrigation water from causing damage to the improvements. J. Surface Improvements. All surface improvements disturbed during the trenching or construction shall be restored to their original condition. Said improvements shall include but not be limited to the following: surfacing; sidewalks; curbs; valley gutters; trees and shrubs; driveways; mailboxes; utilities; signs; or other improvements. Where construction crosses existing lawns, the sod shall be carefully removed and stored prior to construction. After construction is complete, the sod will be reset and pegged in place. Reseeding may be substituted only when authorized by the Engineer. Reseeding. Unless notified, all disturbed areas of State Highway rights- of-way other than roadways and improved shoulders shall be seeded with crested wheat in accordance with Highway Department requirements. K. Trench Backfill. 1. Paved Roadways. The backfill to be placed over and around the pipe to a cover depth of 1 foot shall consist of material free from clods and stones and shall be placed by hand in a manner which will prevent damage or displacement of the pipe. The remainder of the material, to within one foot of the finished surface, may contain a limited `,„ amount of stones and rock, provided it is dispersed in the surrounding material in a manner which will permit satisfactory compaction. All backfill material shall be deposited in layers of such depth that uni- - form and thorough compaction can be achieved, wetted to optimum moisture and compacted to not less than 90 percent of the maximum density obtain- able, as determined by the latest revision of AASHO Method T99. The remaining one foot (1' ) of backfill material shall be as described above with compaction of not less than 95 percent of maximum density obtainable as determined by AASHO Method T99, 2. State Highways. All backfill placed within the limits of the asphaltic surfacing, gravel shoulders or shoulder slopes of State highways shall consist of material approved by the State Highway Maintenance Engineer and shall be placed in horizontal layers not exceeding 8 inches loose measurement and shall be thoroughly compacted to a density of 95 per- cent of the maximum density obtainable by the latest revision of AASHO Method T99. Backfilling of lines laying outside of the extreme limits of the highway shoulders may be done in the manner specified for gravel roadways. 3. Gravel Roadways, Road Borrow Pits and Other Areas. Backfill material and placement shall be as specified in Paragraph K-1 for paved roadway except that the top one foot of backfill shall be compacted to not less than 90 percent of maximum dry density obtainable as determined by the latest revision of AASHO Method T99. �. T.E.B. - 3 "Th 4. Backfill by inundation will be permitted if material is of suitable granular material as determined by the Engineer, and then only if the compaction requirements can be .met. 5. All bedding shall be Class "C" as designated in Construction Standard No. 230 of these specifications. L. Backfill and Cleanm. Trench backfill and cleanup shall follow trench excavation as closely as possible. In no case shall backfill follow trench excavation by more than 400 linear feet nor pipeline installa- tion by more than 100 linear feet, except where•, in the opinion of the Engineer, it is necessary or desirable. for drainage or other purposes. M. Measurement and Payment. No separate pay items are provided for work described in this section. Compensation for all trench excavation, rock excavation, subgrade stabilization, sheeting and bracing, backfill, dewatering and other work described shall be included in the listed bid items. On unit price contracts, cost of work required in this section shall be merged with the unit costs for furnishing and installing pipe. On lump sum contracts, the cost shall be included in the lump sum price shown on the Proposal Form. T.E.B. - 4 • • '� • / ''� • . • / 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 9. Data Sheets C.C. 3 • 10. Preparation of Proposals G.C. - 3 11. Bid Security C.C. - 3 12. Execution of Documents G.C. - 4 13. Filing Bids : 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. 19. Performance Bond C.C. - 5 • 20. Contractor's Insurance C.C. - 5 '- 21. Royalties and Patents G.C. - 6 22. Permits, Surveys, and Compl !oncea r.ith Laws C:C. - -6 . 23.: Subcontracting C.C. - 7 24. Assignment of Contract G.C. - 7 25. Other Contracts G.C. - 7 26. Guarantees G:C. - / 27. License or Royalty Fees C.C. - 8 28. Materials and Workmanship G.C. - a 29. "Or Equal Clause" - Materials C.C. 6 30: Convict-Made Materials C.C. - 8 31. Delivery of Material C.C. - 9 32. Intent of the Contract Documents C.C. - 9 33., , Plans and Specifications G.C. - 9 34. Specifications and Plan Consistency G.C. - 10 35. Alleged Inaccuracies G.C. - 10 3u. Interpretation of Proposed Contract Documents. G.C, 10 37. Shop Drawings C.C. - 10 38. Engineer C:C. - 10 39. Decisions of Engineer G.C. - 10 40. Directions C.C. - 11 41. Inspection G.C. - 11 42. Final Inspection G.C. - 11 • 43. Testing Material G.C. - 11 i / � • I • . SECTION 3 (Index, Continued) -' . _ Title Page Paragraph - G.C. - 12 44, Lines and Grades G.C. - 12 _ 45. Work Dore Without Lines or Grade_. . . 46,. Preservation. of Monument and Stakes G.C. - 13 47. Use of Job Si-e C.C. - 13 . 48, Sanitary Convenience G.C. - 13 µ9, Protection of Work - Watchmen, Lights, Etc G:C. - 13 50. Accident Prevention G•C. - 13 - 51. Care of Existing Structures ana .Property G.C. - 14 52. Defects G.C. - 14 • 53• . Cutting and Patching G.C. - 14 . 54. Employment Conditions G.C. - 14 • 55, Qualifications fcr Employmert 4 ! ` 56. Employees and Equipment . . C.C. - 1G.C. - 14 57, - - Superintendence G.C. - 15 ;58. Working Hours G.C. - 15 59, Detailed Estimates - Breakdown . . . • ' G.C. - 15 60. Construction P.eports G.C. - 15 61. Monthly Estimates - Payment G.C. - 16 62, Final Estimate - Payment G.C. - 16 63. . Extra, Additional, or Omitted Work - Payment . 64, Measurements and Quantities G.C. - 17C.C• - 17 65. Deduction for Uncorrected Work G.C. - 17 66. Correction of Work After final Payment G.C. - 17.- - 67. Approval of Work C.C. - 17 68. • Acceptance and Occupancy G.C. - 17 69, Starting in Operation G.C. - 18 • 7p, Delays - Unavoidable C.C. - 18 • 71. The Owner's Right to do Work . . . . • • • " G.C. - 18 72, Completion of Work G.C. - 18 73, Work in Sad Weather G.C. - 18 74 Properly Ordered Ma�erials G.C. .- 19 75. Requests for Time Extensions G.C. - 19 76. _ '- Liquidated Damages • G.C. - 19 77. Cleaning Up - Removal of Cuhhish 78. ' Owner's Right to Withhold Certain Amount and Make Application Thereof G.C. _ 10G.C. - :'J 7y, Termination for Breach . . GENERAL CONDITIONS • • 1. General. The following specifications are general in scope and may refer to conditions :which will net be encountered in performance of the work included in this Contract, and which are not applicable thereto. Any requirement, .provision, specification, cr other stipulation of these General Conditions which refers to a nor.-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 terns 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 Cwner 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. E. "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. . 4% "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 s nervision of the construction o£ 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 he performed. Their inspections shall cover the ground structure , obstacles which may be encountered, location o: crater table, and other matters relevant to the work both above and below ground. Where test boring logs, indicating underground G.C. - 1 • /i • conditions, are shown on the plans , this data is for the bidder's information r only and reflects only the conditions observed at the time and place of the drilling. Neither the Engineer or the Cosner 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. • S. Statement of Bidder's Plant and Financial Condition. Each bidder ray 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 cr in the construction of which the bidder was actively engaged in a responsible capacity. • --Any bidder ray 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. • - O. 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- ions 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 cos : of the cork and for compari; ; 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 co-^letely as may be deemed necessary and/or advisable without changirt the unit bid prices • • -shown in the Proposal. On lump sum contracts, the Contractor agrees that .reasonable and normal variations in the work are to be expected, and these • changes will not be used as a basis for a claim for extra compensation. • Bidders must satisfy themselves by personal inspection and examination of the plans and the work site and by such other means as he may prefer as to the correctness of any quantities listed in the Proposal or on the plans. The Contractor shall not, after submission of his bid, dispute or complain about irregularities in the quantities, or shall he assert or claim that there was • any misunderstanding or misrepresentation as to the nature or amount of the work to be performed. • • G.C. - 2 • .• • The Contractor agrees that he will make no claim for damages, anticipated profits or losses on account of any differences between quantities of work actually performed and materials actually furnished and the estimated quantities. '.8. Copies of Documents. Each bidder will be required to purchase at least one (1) complete set of plans , specifications , and related. documents. A duplicate set of Proposal Forms will be furnished, and this form will be used for submission ' of sealed bids. If awarded the Contract, the submitted Proposal will be used to .complete the signed Contract Documents, including the Proposal Form, and the original Proposal will be retained in the Owner's files. 9. Data Sheets. Where data sheets concerning equipment to be furnished in the work are included in the specification documents as part of the Proposal, the bidder shall furnish the required information by filling in the data sheets complete in every detail. In the event that the data sheets furnished are insufficient , or do not readily lend themselves to the correct description of the equipment, the bidder shall file with the bid additional statements setting out the necessary information,_, Failure to furnish such information as is required on the data sheets will be considered as grounds for rejecting the bid. .0. 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 adeauate 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. Ile 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 r ; 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 fcr 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. Prcl.osals may be submitted on one or all of the Alternates, Items, and Units as shoran in the Proposal Form at the bidder's option, unless other- wise directed elsewhere in these specifications. Each bidder must submit such special data, if any, in respect to such alter- ' nates, which any section of the Contract Documents requires to be submitted with each bid. .15. Supplemental Unit Prices. Where supplemental unit prices are shown in the Proposal on lump sum contracts, the Owner reserves the right to reject any or all supplemental unit prices which it deems to be excessive or unreasonable. • In cases where any part or all of the bidding is to be received on a unit price basis, the quantities stated on which prices are invited are approximate only, and each bidder is required to make his own estimates of the actual • C.C. - 4 f • . amounts and calculate his bid price accordingly r The estimated quantities shorn, 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. •C Notice of Award. The Contract shall be deemed to have been awarded upcn 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. Flails, or when handed in person to an authorized representative of the Contractor by the Owner or his Agent. .7. Definition of Notice. Where, in any section of the Contract Documents, there is a provision recuiring 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. Flail 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. :ails addressed to the Contractor at the address of his permanent place cf 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. • .8. . Execution of Contracts and Fonds. 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 he sent to the U. S. Governmental Agency. ) In addition to the performance bond, the Contractor may be required to furnish documents attesting to the required compensation insurance, public liability insurance, and property damage insurance required herein. The entire cost of executing the bonds, the Contract, and the insurance, in- cluding all notarial fees and expenses, are to be paid by the Contractor. 19: ' Performance Bond. The Contractor shall furnish a surety bond (form attached) - - - in an amount at least equal to one hundred percent (1000) of the Contract price as security for the faithful performance of this Contract and for the payment of all persons performing labor and furnishing materials in connection with this Contract. 20. Contractor's Insurance. The Contractor shall not commence work under this Con- tract until he has obtained all insurance required under this paragraph and - such insurance has been approved by the Owner, nor shall the Contractor allow any Subcontractor to commence work on his subcontract until all similar insur- ance required of the Subcontractor has been so obtained and approved. • G.C. - 5 • A. Proof of Carriage of Insurance. The Contractor shall furnish the Owner with satisfactory proof of carriage of the insurance required. B. Compensation Insurance. The Contractor shall take out and maintain during the life of this Contract Workmen's Compensation Insurance for all of his employees employed at the site of the project and, in case any work is sublet, the Contractor shall require the Subcontractor similarly to pro- vide Workmen's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Con- tractor. In case any class of employees engaged in hazardous work under this Contract at the site of the project is not protected under the P:ork.- _. 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 Lars. 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 license! , 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 Owner: *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 . // . i . 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 .upen the Contractor. The Contractor shall notify the Owner in writing of the names of the Subcon- tractors proposed for the principal part of the worn, 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, wherever 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. • F. 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 no3ation, i.e. , the assignee not only acquires the benefits under the Contract but also assumes the obligations thereunder in place of the assignor. . 5. 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 e..lall not commit or permit any act which will interfere with the performance of work by any other Contractor. 6. 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 equipr.:ent 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 cc^.peration with the Contractor, technical superintendence and mechanical labor and parts, that may be required during the installation or tune-up period, to make the G.C. - 7 • . equipment function satisfactorily; even if same was not shown on the plans . .or approved shop drawings. Is . 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 6lorkmanship. 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 Lwner, 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 corcerr._o 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 giver.: . 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. "Cr 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-?;ade Materials. No materials manufactured or produced in a penal or correctional institution shall be incorporated in the project under this Contract. G.C. - 8 • __ __ . , . . . - - �, Delivery of ?2aterial, flaterial delivered on the ' ides of the street fcr use upon the street, cr adjacent thereto, shall be neatly and compactly piled up along the sides of the roacuay 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 perr..ission 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. 2. 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 he 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 rake 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. !3. 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 he 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 • . , - ' . •.� • • i ,. 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 •_•ocuments, 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 Omer 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 correctie 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 recuire 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 conformer. 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 th . G.C. - 10 • L'• • • . • • • ` , 7 Contract for construction shall be considered 4s the Contractor's agreement tc 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. O. 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 es 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. 1. 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 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 Cwner. 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 . t.-• • . . . . . . • . \ . • the various standard specifications of this Contract which describe the r 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 materia. will be approved fcr 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, end ail 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, pe iO.., b:.,. SllCu or for ins c*_= - h cost shall be included in the prices specified for the appropriate items. 4.6 :Mork Done Without Lines cr 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 he 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 Cortracto: subject to check by the Engi.eer as to compliance with plans and specifications. At all times, in all cases, the Contractor shall be res- possible 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._tzke these 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 ' . 1. • / The Contractor shall furnish they car. be properly referenced for z•eiccation. at his own expense, such materials and assistance as is necessary for the proper replacement o£ 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 meterial 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 stroke. 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- - tecticn of persons (including employees) and property. The safety provisions of applicable lairs, 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 J .-, electric, and street railway structures and tracks, tunnels, tunnel shafts, 'i 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 cr workmanship, before the final acceptance of the work by the Owner shall be repaired and made goad at the Contractor's expense before the final inspec- tion and payment are made. H . 53. Cutting and :atchir.e. 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 b,: 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 cr.is sentence shall not operate against the employment or physically handicapped persons , otherwise employable, where such persons - may be safely assigned to work which they can ably perform. . - x::56. Employees and Equipment. All employees of the Contractor shall have such skil 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 discharge and shall not be employed again on any portion-of the work without the writter 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 h+ .G.C. - 14 Y •. 1 • '�� •-. r' • cr may become Cue, Cr the Engineer..may suspend the work until his requests ,/ . . are complied with. 7. Superintendence. The Contractor shall give his personal superintendence to . the work or have at the site of the wcrk at all times 'a competent foreman, . superintendent, or other representative satisfactory to the C.mer and Engineer and having corplete 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. El Forking 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 cr prescribed working hours, No work shall be done rights 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. . '9. Detailed Estimates - ?reakdown. The Contractor may be required, within ter. '(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. 50. 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. • 51. 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 `''• iamount. 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 (9n.) 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 • _� No estimate other than a final estimate will be made where the value of the . • r - work performed since the last preceding estimate is less than $1,000.00. Not later than the 15th day of each month, the Cwner will make payment to . the Contractor on the basis of a duly certified estimate as prescribed above. 62. Final Estimate - Payment. The Engineer's final estimate shall be based upon a careful detailed estimate of the materials and equipment furnished and in- stalled in the completed improvement according to the provisions of these specifications. Final payment shall be made to the Contractor for any amount • remaining due upon the final inspection, testing, and formal acceptance of . the work by the Owner within thirty (30) days after the final completion and -the acceptance of work. 63. Extra, Additional, or Omitted Work - Payment. The Owner, upon proper action by its governing body, may authorize changes in., additions to, or deductions from the work to be performed. or the materials to be furnished pursuant to the provisions of the contract or any other contract documents. The Owner reserves the right to increase or decrease the contract quantity of minor bid items, and such additions and/or deductions shall not 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 o: major bid items by an amount not to exceed twenty percent (20%) without altering the unit price bid show.: in the Proposal. Charge 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 origin._ bid and incorporated in the construction contract. C. By an acceptable lum,.p sum proposal from the Contractor. D. On a cost-plus basis. A cost-plus basis is defined as the cost of labor, materials anal/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 coven all other miscellaneous expenses and profit. E. By negotiated changes in unit prices. - G.C. - 16- • ,� No claim.. for an addition to the contract cum shall be valid unless authorized by official order of the Engineer or Owner prior to the accomplishment of the work. ,4, 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. . i5. Deduction for Uncorrected Work. If the Owner deems it expedient to accept work injured or act done in accordance with the contract, the di'ference in . value, together with a fair allowance for the damages, shall be deducted. ' 56. 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. • 57. 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. " 58. -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 p'--aced 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 ail of the equipment erected and to put it in successful operation. After the equipment has been satisfactorily adjusted, the . operator shall instruct the Owner's operators as to the proper methods - of starting, adjusting, and caring for the equipment furnished and installed • under these specifications. . • G.C. - 17 ( • • - • / . • 70. Delays - Unavoidable. If the Contractor is delayed in the completion of the . work by any act or neglect of the Cwner or by any other Contractor employed by the Owner, or by strikes, lockouts, fire, unavoidable casualties, cr 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, cake good such deficiencies and may deduct the cos: thereof from the payment due the Con- tractor. - 72. Completion of '::ork. The Contractor shall commence work specified herein within fifteen (15) calendar days' after date cf 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 Fore.:. 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 exvedite .. particular portions of the work er 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. 'cork in Bad Heather, 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 .ex-ceeds 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 he used as a basis for any time extensions to be • • granted. •74. Properly Ordered :'aterials. 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 ' Cell'...'j ofa -.:a-er ials l:n leaa tY?oo.. m3Ccrl-:15 were p.rJ':e:`l.i .•- __. _.-. G.C. - 18 f . • 75. requests for Time Extcnsionn. The Contractor shall submit a statement of thc. number or days lest 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 (1O%) 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 ail times keep the premises free from accumulations of waste material or rubbish caused by his employees cr work. Rubbish and surplus material which may accumulate TI :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 Preach. 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 arranger.:ents 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 Lit commence performance ther-.of 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 C ner 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 r, • SECTION 4 SPECIFICATIONS FOR PORTLAND CEMENT CONCRETE (Index) Paragraph Title Page A General P C - 1 B Classification P C - 1 C Concrete Materials P C - 1 D Mixing P C - 4 E Testing P C - 5 • * * * * * * * * * * * * * * * * * * * • i-� . "") SPECIFICATIONS FOR 0 PORTLAND CEMENT CONCRETE A. General. All of the concrete used in the various structures and appurtenances shall consist of a mixture of an approved Portland cement, Type 11 or 11A, water, fine aggregate and coarse aggregate mixed in accordance with these specifica- tions and placed as shorn on the plans. The concrete work provided for herein shall include all concrete structures and necessary supports and foundations, all as shown in detail cn the plans. B. Classification. The following classes of concrete are included in these specifications and shall be used where specified herein or.called for on the plans: Class of Concrete nen °B" Minimum Sacks (94 lbs. ), Amount per cubic yard of • Concrete 6 5 Maximum water cement ratio 6.5 gal./sack 7.,5 gal./sack Per Cent Entrained Air 3$ - 6$ 3% - 6$ • Minim:: 7 day Compressive Strength 1,800 lbs./sq. inch 1,400 lbs./sq. inch Minimum 28 day Compressive Strength 3,000 lbs./sq. inch ' 2,200 lbs./sq. inch C. Concrete Materials. 1. .Portland Cement. Non-air-entraining Portland cement shall conform to the latest requirements of ASTM Designation C 150 for Type 11 Cement. Air- entraining Portland cement shall conform to the latest requirements of ' ASTM Designation C 150 for Type 11A Cement. • Manufacturer's certificate of compliance with the. above mentioned specifi- cations will be required. All Portland cement shall be dry and free from lumps and all foreign material at the.time of mixing as determined by the Engineer. • 2. Fine Apgregate. Fine aggregate shall consist of-clean, hard, durable uncoated grains of sand, free from lumps, alkali, organic matter, or ether deleterious substances and shall be washed when necessary to obtain conformity with these specifications and shall meet the following specific requirements: • P.C. - 1 . a. Gradation. Fine aggregate shall be well graded from coarse to fine and when tested by means of laboratory sieves (U. S. Standard) shall conform to the following requirements: Percent Passing Sieve Designation Min. Max. 3/8 Inch - 100 No. 4 95 100 - No. 8 70 90 - No. 16 45 80 - - No. 36 25 55 . No. 50 10 30 No. 100 0 10 No. 200 0 3 b. Deleterious Substances . The maximum percentages of deleterious substances shall not exceed the following values: Clay Lumps • 1% Coal and Lignite 1/2% Shale, alkali, mica, coated grains , soft and flaky particles 1$ Material floating on a liquid of • specific gravity of 1.95 0.5$ c. Organic Impurities. Fine aggregate subjected to the colorimetric test for organic impurities and producing a color darkar than the . standard shall be rejected unless it passes a mortar strength test acceptable to the Engineer. • 3. Coarse Aggregate. Coarse aggregate shall consist of crushed rock or gravel having hard, strong, durable pieces , free from vegetable matter or adherent coatings and shall be washed when necessary to obtain con- formity with these specifications and shall meet the following specific • requirementF : a. Gradation. Coarse aggregate shall be well graded to the following gradation limits using U. S. Standard sieves. . . Percent Passing by Weight 1-1/2" to 3/4" 3/4" to No. 4 Sieve Designation Min. Max. Min. Max. • 3 Inch Sieve - 100 - - 1-1/2 Inch Sieve 90 100 - - 1 Inch Sieve 20 55 - 100 3/4 Inch Sieve 0 30 90 100 . 3/8 Inch Sieve 0 5 20 55 No. 4 Sieve - - 0 10 No. 8 Sieve - - • 0 5 F.C. - 2 I b. Delete=-!CUs Substw:ces. Deleterious subatances in coarse aggregate shun nom exceed tie following percentages .by weight: ' Total material passing the No. 200 Sieve (wash) 3.00$ Clay Lumps (L50% • • Soft Friable Pieces 2.50$ Sticks (Wet) 0.10% Coal 0.50% Material floating on a liquid having a specific gravity of 1.95 1.00% Shale • 1.00% c. Soundness and Abrasion. The coarse aggregate shall be satisfactory to the Engineer when tested by standard abrasion and soundness tests. 4. Water for Concrete. Water that has been approved for drinking purposes or household use by the State or local Health Department may be used without being tested. Plater from other sources shall be tested as required by the Engineer. S. Admixtures. The Contractor may elect to use an air-entraining or other admixture provided the admixture is specifically approved by the Engineer. Admixtures to be approved either for plasticizing, densifying, air- entrainment, or acceleration of hardening of concrete shall, when added to the mixture, produce a concrete of specified strength in both 7-day and 26-day tests. Documentary evidence of acceptability will be required- • when new or unknown admixtures are proposed for usage. • 6. Storage of Materials. Cement and aggregates shall be stored at the work in such a manner as to prevent deterioration or intrusion of foreign matter. Any material which has deteriorated or which has been damaged in storage shall not be used for concrete even though it may have been previously approved by the Engineer. 7. Proportioning. Proportioning the "dry" constituents of all concrete mix- tures shall be accomplished by weighing. The Contractor shall -provide adequate and accurate scales for this work. There will be no variance permitted in the minimum cement factor (sacks per cubic yard) as specified . for the classes of concrete. The total quantity of mixing water per sack of cement including free water in the aggregates shall in no case exceed the maximum specified herein. • The Contractor shall be responsible for developing the proper proportions of aggregates , cement and water that will conform to the various require- ments of these specifications. The proportions as developed shall be submitted to the Engineer along with at least two sets of certified 7-day P.C. - 3. 1 test results for review and approval. Ido concrete will be incorporated into the work until the proportions are approved by the Engineer. t The proportions for the concrete mixture approved by the Engineer shall not be modified without the specific approval of the Engineer and then only as may be required to provide -the proper consistency and workability. D. Mixing. The concrete shall be mixed in a batch type mixer of a type approved by the Engineer. The volume of the mired material for each batch shall not exceed the manufacturer's rated capacity of the mixer, and the speed in revo- lutions of the mixer drum shall be in accordance with the manufacturer's ' ,recommendations . 1. General. Hand mixing will not be permitted except with the permission of the Engineer and then only in very small quantities or in the case of an emergency. In the event that the Contractor elects to use air-entraining admixture with Type II Portland cement for air-entraining concrete, the batch plant shall be equipped with a suitable automatic dispensing device which will ' proportion the air-entraining admixture accurately to each batch of con- ' Crete. The device shall be calibrated and adjusted to deliver to each batch of concrete the quantity of admixture required to produce the speci- fied air content in the concrete. The Air-entraining admixture shall be added prior to the addition of any cement or aggregate. • 2. Truck Mixing. Truck mixers , unless otherwise authorized, shall be of the • revolving drum:, type , watertight , and so constructed that the concrete can • be mixed to assure a uniform distribution of materials throughout the mass All solid materials for the concrete shall be accurately measured in accor, ance with the approved mix proportions and charged into the drum at the . proportioning plant. Except as subsequently provided, the truck mixer shall be equipped with a tank for carrying mixing water. ' Only the pre- scribed amount of water shall be placed in the tank unless the tank is equipped with a device by which the quantity of water added can be readily . verified. The mixing water may be added directly to the batch, in which case a tank will not be required. Truck mixers may be required to be pro- .vided with means by which the mixing time can be readily verified by the Engineer. Mixing shall begin within thirty minutes after the cement has • been added either to water or aggregate. Concrete transported in a truck mixer or agitator shall be discharged at the job and placed in its final position in the forms within 1-1/2 hours after the introduction of the mixing water to the cement and aggregate, • or cement to the aggregate, except that in hot weather or under conditions contributing to the quick stiffening or setting of the concrete, the maxi- mum allowable time shall be reduced by the Engineer. 'Concrete shall be delivered at a rate such that no time intervals between two consecutive batches or loads shall exceed 45 minutes, unless other- wise permitted by the Engineer. • • The volume of the mixed material for each batch shall not exceed the manu- facturer's rated capacity of the mixer, and the speed in revolutions of P.C. - 4 The volume of the mi`:cd material for each hatch .^.hall !lot exceed the manufacturer's rated capacity of the mixer; and the speed in revolutions of the mixer drum shall be in accordance with the Manufacturer's recom- mendations. • 3. Job Mixing. All concrete shall be mixed for a period of not less than 1-1/2 minutes after all materials , including water, are in the mixer. The entire contents of the mixer shall be removed from the drum before materials for the succeeding batch are placed therein. No mixer shall be operated above its rated capacity and no mixer of a rated capacity less than one sack shall be used. • Concrete shall be mixed only in such quantities as are required for . immediate use and shall be placed while fresh, before initial set has occurred. Any concrete in which initial set has begun shall be wasted. Retempering of concrete will not be allowed. E. Testing. Test specimens of the concrete will be taken by the Contractor under the direction of the Engineer to establish compliance with these speci- . fications. These test specimens shall be made according to the latest require- ments of ASTM Designation C 31. Cylinders shall be tested in accordance with latest requirements of ASTM Designation C 39. In general, not less than two test specimens shall be made each day concrete is poured. The number of specimens required for each day's pouring shall be as follows: 25 cubic yards to 100 cubic yards 4 specimens 100 cubic yards or more J. specimens For the purposes of representing the strength and quality of the concrete in ' the structures , the test specimen shall be cured adjacent to, and in the same manner as the concrete in the structure for the first seventy-two (72) hours. - Test specimens shall be shipped to an accredited testing laboratory for test- ing and the results of the tests shall be transmitted directly to the Engineer. Tests shall be made at the ages of 7 and- 28 days, respectively. All testing equipment including test specimen molds , slump cones, entrained air measuring maters, and volume measuring devices shall be furnished by the Contractor. All costs in connection with making quality tests , transporting test specimens, payment for laboratory testing shall be a Contractor's respon- sibility and these costs shall be included in the bid prices shown in the Proposal Form. • • P.C. - 5 Hello