2003 GRCs.pdf

State of Colorado

Department of Natural Resources

Division of Wildlife

General Requirements and Covenants for

Capital Construction

No.________

TO ALL CONTRACTORS

These General Requirements and Covenants for Capital Construction dated 2003 are a part of all contracts.

It shall be the responsibility of the Contractor to possess and retain this booklet for bidding purposes for all Divi-sion of Wildlife projects.

GENERAL REQUIREMENTS AND COVENANTS

INDEX TO SECTIONS

SECTION 1 DEFINITION AND TERMS

SECTION 2 BIDDING REQUIREMENTS AND

CONDITIONS

2.1 QUALIFICATIONS OF BIDDERS:

2.2 CONTENTS OF PROPOSAL FORMS:

2.3 ISSUANCE OF PROPOSALS:

2.4 INTERPRETATION OF QUANTITIES IN BID

SCHEDULE:

2.5 EXAMINATION OF PLANS, SPECIFICATIONS,

AND SITE OF WORK:

2.6 PREPARATION OF PROPOSAL:

2.7 IRREGULAR PROPOSALS:

2.8 PROPOSAL GUARANTY:

2.9 DELIVERY OF PROPOSALS:

2.10 WITHDRAWAL OR REVISION OF

PROPOSALS:

2.11 COMBINATION OR CONDITIONAL

PROPOSALS:

2.12 PUBLIC OPENING OF PROPOSALS:

2.13 DISQUALIFICATION OF BIDDERS:

2.14 MATERIAL GUARANTY:

SECTION 3 AWARD AND EXECUTION OF

CONTRACT

3.1 CONSIDERATION OF PROPOSALS:

3.2 AWARD OF CONTRACT:

3.3 CANCELLATION OF AWARD:

3.4 RETURN OF PROPOSAL GUARANTY:

3.5 BOND AND INSURANCE REQUIREMENTS: . 17

3.6 EXECUTION AND APPROVAL OF

CONTRACT:

3.7 FAILURE TO EXECUTE CONTRACT:

SECTION 4 SCOPE OF WORK

4.1 INTENT OF CONTRACT:

4.2 ALTERATIONS OF PLANS OR CHARACTER

OF WORK AND VARIATIONS IN PLAN

QUANTITIES:

4.3 EXTRA WORK:

4.4 RIGHTS IN AND USE OF MATERIALS FOUND

ON THE WORK:

4.5 FINAL CLEANING UP:

SECTION 5 CONTROL OF WORK

5.1 AUTHORITY OF THE ENGINEER:

i

5.2 PLANS AND SHOP DRAWINGS:

5.3 CONFORMITY WITH PLANS AND

SPECIFICATIONS:

5.4 COORDINATION OF PLANS, AND

SPECIFICATIONS:

5.5 COOPERATION BY CONTRACTOR:

5.6 PROTECTION OF UTILITIES:

5.7 COOPERATION BETWEEN CONTRACTORS: 28

5.8 CONTROL STAKES, LINES AND GRADES:... 29

5.9 AUTHORITY AND DUTIES OF PROJECT

ENGINEER:

5.10 AUTHORITY AND DUTIES OF THE

INSPECTOR:

5.11 INSPECTION OF WORK:

5.12 REMOVAL OF UNACCEPTABLE AND

UNAUTHORIZED WORK:

5.13 LOAD RESTRICTIONS:

5.14 MAINTENANCE DURING CONSTRUCTION: 32

5.15 FAILURE TO MAINTAIN PROJECT OR

STRUCTURE:

5.16 ACCEPTANCE:

5.17 CLAIMS FOR ADJUSTMENT AND DISPUTES:

SECTION 6 CONTROL OF MATERIAL

6.1 SOURCE OF SUPPLY AND QUALITY

REQUIREMENTS:

6.2 SAMPLES, TESTS, CITED SPECIFICATIONS: 41

6.3 PLANT INSPECTION:

6.4 STORAGE OF MATERIALS:

6.5 HANDLING MATERIALS:

6.6 UNACCEPTABLE MATERIALS:

6.7 DIVISION FURNISHED MATERIALS:

SECTION 7 LEGAL RELATIONS AND

RESPONSIBILITY TO PUBLIC

7.1 LAWS TO BE OBSERVED:

7.2 PERMITS, LICENSES, AND TAXES:

7.3 PATENTED DEVICES, MATERIALS AND

PROCESSES:

7.4 FEDERAL AID PROVISIONS:

7.5 SANITARY PROVISIONS:

7.6 PUBLIC CONVENIENCE AND SAFETY:

7.7 BARRICADES AND WARNING SIGNS:

7.8 USE OF EXPLOSIVES:

7.9 PROTECTION AND RESTORATION OF

PROPERTY AND LANDSCAPE:

7.10 FOREST PROTECTION:

7.11 RESPONSIBILITY FOR DAMAGE CLAIMS: .. 47

ii

7.12 CONTRACTOR'S RESPONSIBILITY FOR

WORK:

7.13 CONTRACTOR'S RESPONSIBILITY FOR

UTILITY PROPERTY AND SERVICES:

7.14 FURNISHING RIGHT OF WAY:

7.15 PERSONAL LIABILITY OF PUBLIC

OFFICIALS:

7.16 NO WAIVER OF LEGAL RIGHTS:

7.17 AFFIDAVIT RELATED TO COLLUSION:

7.18 THIRD PARTY BENEFICIARY:

7.19 ARCHAEOLOGICAL AND

PALEONTOLOGICAL DISCOVERIES:

7.20 AIR AND WATER POLLUTION:

7.21 DISCRIMINATION AND AFFIRMATIVE

ACTION:

7.22 GENERAL:

SECTION 8 PROSECUTION AND PROGRESS

8.1 SUBLETTING OF CONTRACT:

8.2 NOTICE TO PROCEED:

8.3 SCHEDULE:

8.4 CHARACTER OF WORKERS, METHODS AND

EQUIPMENT:

8.5 DETERMINATION AND EXTENSION OF

CONTRACT TIME:

8.6 FAILURE TO COMPLETE WORK ON TIME: . 69

8.7 DEFAULT OF CONTRACT:

8.8 TERMINATION OF CONTRACT:

SECTION 9 MEASUREMENT AND PAYMENT

9.1 MEASUREMENT OF QUANTITIES:

9.2 SCOPE OF PAYMENT:

9.3 COMPENSATION FOR ALTERED

QUANTITIES:

9.4 COMPENSATION FOR CHANGES AND FORCE

ACCOUNT WORK:

9.5 PARTIAL PAYMENTS:

9.6 PAYMENT FOR MATERIAL ON HAND:

9.7 ACCEPTANCE AND FINAL PAYMENT:

9.8 CORRECTION OF WORK AFTER FINAL

PAYMENT:

9.9 COMPENSATION FOR COMPENSABLE

DELAYS:

iii

DIVISION I

SECTION 1

DEFINITION AND TERMS

1.1 ABBREVIATIONS:

Wherever the following abbreviations are used in these General Requirements and Covenants for Capital Construc-tion, in the Specifications, or on the Plans, they shall be construed as follows:

AAN American Association of Nurserymen AAR Association of American Railroads AASHTO American Association of State Highway Offi-cials ACI American Concrete Institute AGC Associated General Contractors of America AGA American Gas Association AI Asphalt Institute AIEE American Institute of Electrical Engineers AIA American Institute of Architects AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction ANSI American National Standards Institute, Inc.

ARA American Railway Association AREA American Railway Engineering Association ASCE American Society of Civil Engineers ASHRAE American Society of Heating Refrigeration

And Air Conditioning Engineers ASME American Society of Mechanical Engineers ASTM American Society of Testing and Materials AWG American Wire Gauge AWPA American Wood Preservers' Association AWS American Welding Society AWWA American Water Works Association CDOT Colorado Department of Transportation CDPHE Colorado Department of Public Health and

Environment CRS Colorado Revised Statutes CRSI Concrete Reinforcing Steel Institute DFPA Douglas Fir Plywood Association DIPRA Ductile Iron Pipe Research Association EIA Electronic Industries Association FHWA Federal Highway Administration FSS Federal Specifications and Standards GSA General Services Administration GRC General Requirements and Covenants for Cap-ital Construction, 2003 edition

ICBO International Conference of Building Officials IEEE Institute of Electrical and Electronics Engi-neers IES Illuminating Engineers Society IMSA International Municipal Signal Association IPCEA Insulated Power Cable Engineers Association ITE Institute of Transportation Engineers NBS National Bureau of Standards NEC National Electrical Code NEMA National Electrical Manufacturers' Association OSHA Occupation Safety And Health Association NPC National Plumbing Code UBC Uniform Building Code UL Underwriters' Laboratories Incorporated

1.2 ADVERTISEMENT:

A public announcement, inviting Proposals for work to be performed or materials to be furnished.

1.3 AWARD:

The acceptance by the Division of a Proposal.

1.4 BASIS OF PAYMENT:

The terms under which "work" is paid, designated as a "Pay Item" which is paid for in accordance with the quantity measured and the "Pay Unit."

1.5 BIDDER:

An individual, firm, corporation, or other legal entity sub-mitting a Proposal for the advertised work or intending to contract with the Division for performance of work.

1.6 CERTIFIED INVOICE:

An invoice from a supplier which has been endorsed by the Contractor guaranteeing that the material, service or labor was purchased and received for the project and establishing the value of same for which reimbursement is to be made.

1.7 CITY OR TOWN:

A location within a county used to designate or identify the location of the proposed work.

1.8 CONSTRUCTION MANAGER:

The Division's representative, responsible for construction within the State. The Construction Manager is responsible for acting on written appeals made by the Contractor relat-ing to contract claims for additional compensation or ex-tension of contract time.

1.9 CONTRACT:

The written agreement between the Division and the Con-tractor setting forth the rights and obligations of the parties thereunder, including but not limited to the performance of the work, the furnishing of labor and materials and the ba-sis of payment. The Contract includes the Invitation for Bids, General Requirements and Covenants for Capital Construction, Contract Proposal, Agreement, Bid Schedule, Contract Bond, Certificate of Insurance, Specifications, general and detailed Plans, Letter of Award and Notice to Proceed, also any Contract Modification Orders and Agreements that are required to complete the construction of the work in an acceptable manner, including authorized extensions thereof, all of which constitute one instrument.

1.10 CONTRACT AMENDMENT:

A written agreement between the Contractor and the Divi-sion for contingencies, extra work, additions, or other alter-ations to the Plans or Specifications, that are in addition to the scope of the Contract , and establishing the basis of payment and time adjustments for the work affected by the changes.

1.11 CONTRACT BOND:

The approved form of security, executed by the Contractor and his Surety or Sureties, guaranteeing complete perfor-mance of the Contract and all Contract Modifications per-taining thereto and the payment of all legal obligations per-taining to the construction of the project.

1.12 CONTRACT ITEM (PAY ITEM):

A specifically described unit of work for which a price is provided in the Contract.

1.13 CONTRACT MODIFICATION ORDER:

A written order issued to the Contractor by the Division covering contingencies, extra work, increases or decreases in contract quantities, and additions, deletions, or other alterations to the Plans or Specifications, within the scope of the Contract, and establishing the basis of payment and time adjustments for the work affected by the changes.

1.14 CONTRACT TIME:

The number of calendar days allowed for completion of the Contract, including authorized time extensions. Where a calendar date of completion is specified, the Contract shall be completed on or before that date.

1.15 CONTRACTOR:

The individual, firm, or corporation contracting with the State of Colorado through the Division of Wildlife for per-formance of prescribed work.

1.16 CONTRACTOR’S PROJECT MANAGER:

The Contractor’s authorized employee in charge of execut-ing the Contract and Contract Modification Orders.

1.17 COUNTY:

The county in which the work is to be done.

1.18 DEPARTMENT:

The State Department of Natural Resources, which is a department within the executive branch of the State of Col-orado.

1.19 DIRECTOR:

The Director of the Division of Wildlife.

1.20 DIVISION:

The Division of Wildlife, which is a Division within the State Department of Natural Resources.

1.21 ENGINEER:

The Chief Engineer of the Division authorized by the Di-rector to represent the Division in the functions of carrying out the Capital Construction program, together with such individuals serving as the Chief Engineer’s authorized rep-resentatives as defined in Section 1.27 and 1.35, or as oth-erwise designated by the Chief Engineer.

1.22 EQUIPMENT:

All machinery and equipment, together with the necessary supplies for upkeep and maintenance, and also tools and apparatus necessary for the proper construction and ac-ceptable completion of the work.

1.23 EXECUTIVE DIRECTOR:

The Executive Director of the Colorado Department of Natural Resources.

1.24 EXPRESSION BY OR TO THE ENGINEER:

In order to avoid cumbersome and confusing repetition of expressions in these GRC’S, it is provided that whenever anything is, or is to be done, if, as, of, when, or where "contemplated, required, determined, directed, specified, interpretation, interpreted, authorized, ordered, given, des-ignated, indicated, considered necessary, deemed neces-sary, permitted, reserved, suspended, established, approval, approved, disapproved, acceptable, unacceptable, suitable, accepted, satisfactory, unsatisfactory, sufficient, insuffi-cient, rejected, or condemned" it shall be understood as if the expression were followed by the words "by the Engi-neer in the Engineer's sole discretion" or "to the Engineer in the Engineer’s sole discretion."

1.25 EXTRA WORK:

Work not provided for in the Contract as awarded but found by the Engineer to be essential or appropriate to the satisfactory completion of the Contract within its intended scope.

1.26 HOLIDAYS:

Holidays recognized by the State of Colorado are:

•New Year's Day •Dr. Martin Luther King Jr.'s Birthday •President’s Day •Memorial Day •Independence Day •Labor Day •Columbus Day •Veterans Day •Thanksgiving Day •Christmas Day

When New Year's Day, Independence Day, Veterans Day or Christmas Day fall on Saturday or Sunday, the following Monday or preceding Friday shall be considered a holiday to be observed in accordance with the direction of the State of Colorado.

In the event any additional legal holiday is designated by the Governor or the President of the United States, it shall constitute a “holiday” hereunder.

1.27 INSPECTOR:

The Engineer's authorized representative assigned to make detailed inspections of contract performance.

1.28 INVITATION FOR BIDS:

All documents, whether attached or incorporated by refer-ence, utilized for soliciting Proposals. The advertisement will indicate with reasonable accuracy the quantity and location of the work to be done or the character and quanti-ty of the material to be furnished and the time and place of the opening of Proposals.

1.29 LABORATORY:

A testing laboratory certified or having expertise in the area of testing required and acceptable to the Engineer.

1.30 MATERIALS:

All components required for use in the construction of the project.

1.31 METHOD OF MEASUREMENT:

The manner in which a "pay item” or “bid item” is meas-ured to conform with the "Pay Unit."

1.32 NOTICE TO PROCEED:

Written notice to the Contractor to proceed with the con-tract work including the date of beginning of contract time.

1.33 PLANS:

The drawings and reproductions provided by the Division that show the location, character, dimensions, and details of the work to be done.

1.34 PROJECT:

The specific area of work together with all appurtenances and construction to be performed thereon under the Con-tract.

1.35 PROJECT ENGINEER:

The Chief Engineer's duly authorized representative who is in direct charge of the work and is responsible for the ad-ministration and completion of the project under contract.

1.36 PROPOSAL:

The offer of a Bidder, on the prescribed form, to perform the work at the prices quoted. Also called Bid.

1.37 PROPOSAL FORM:

The documents furnished by the Division on which the offer of a Bidder is submitted. Also called Bid Proposal.

1.38 PROPOSAL GUARANTY:

The security furnished with a Proposal to guarantee that the Bidder will enter into the Contract if his Proposal is accept-ed.

1.39 QUESTIONNAIRE:

The specified forms on which the Contractor shall furnish required information as to his ability to perform and fi-nance the work.

1.40 SALVABLE MATERIAL:

Material that can be saved or salvaged. Unless designated or directed by the Engineer or shown on the Plans, all salv-able materials shall remain the property of the Division.

1.41 SHUTDOWN:

The authorized period of time when work is suspended.

The duration of an authorized shutdown is not assessed against the contract time.

1.42 SPECIFICATIONS:

A general term applied to all directions, provisions and requirements pertaining to performance of the work.

1.43 SPECIFIED COMPLETION DATE:

The date on which the contract work is specified to be completed.

1.44 STANDARD SPECIFICATIONS:

Specifications approved for general application and repeti-tive use.

1.45 STATE:

The State of Colorado acting through its authorized repre-sentative.

1.46 STRUCTURES:

Bridges, dams, culverts, catch basins, drop inlets, retaining walls, raceways, cribbing, manholes, buildings, sewers, service pipes, underdrains, foundation drains, and other features which may be encountered in the work.

1.47 SUBCONTRACTORS:

An individual, firm or corporation to whom the Contractor sublets part of the Contract in accordance with the terms of these GRC’S.

1.48 SUPERINTENDENT:

The Contractor's authorized employee in charge of the work.

1.49 SURETY:

The corporation, partnership or individual, other than the Contractor, executing a Bond furnished by the Contractor.

1.50 TITLES OR HEADINGS:

The titles or headings of the sections and subsections here-in are intended for convenience of reference and shall not be considered as having any bearing on their interpretation.

1.51 WORK:

The furnishing of all labor, materials, equipment, and inci-dentals necessary to successfully complete the project ac-cording to all duties and obligations imposed by the Con-tract.

1.52 WORKING DRAWINGS:

Stress sheets, shop drawings, erection plans, falsework plans, framework plans, cofferdam plans, bending dia-grams for reinforcing steel, or any other supplementary plans or similar data which the Contractor is required to submit to the Engineer for review and approval.

End of:

DIVISION I

SECTION 1

DEFINITION AND TERMS

SECTION 2

BIDDING REQUIREMENTS AND CONDITIONS

2.1 QUALIFICATIONS OF BIDDERS:

Prior to opening of Bids or Award to the low Bidder, when requested by the Division, the Bidder must file an experi-ence questionnaire and a confidential financial statement.

The statement shall include a complete report of the Bidder's financial resources and liabilities, equipment, past record and personnel.

2.2 CONTENTS OF PROPOSAL FORMS:

Upon request, the Division will furnish the prospective Bid-ders with a Proposal form. This form will state the location and description of the contemplated construction and will show an estimate of the various quantities and kinds of work to be performed or materials to be furnished, and will have a schedule of items for which unit bid prices are invited. The Proposal form will state the time in which the work must be completed, the amount of the proposal guaranty and the date and place of the opening of Proposals.

All papers bound with or attached to the Proposal form are considered a part thereof and must not be detached or al-tered when the Proposal is submitted.

The Plans, Specifications, these GRC’S, and all other doc-uments designated in the Proposal form will be deemed to be incorporated in every Proposal and shall constitute a part of the terms of the Proposal, whether attached or not.

The prospective Bidder will be required to pay the Division the sum stated in the Invitation for Bids.

2.3 ISSUANCE OF PROPOSALS:

The Division reserves the right to disqualify or refuse to issue a Proposal if a Bidder is in default for any of the fol-lowing reasons:

(a) Lack of competence, relevant experience, or ad-equate machinery, plant and other equipment, as revealed by the financial statement and experi-ence questionnaire.

(b) Uncompleted work which, in the judgment of the Division, might hinder or prevent the prompt completion of additional work if award-ed.

(c) Failure to pay or satisfactorily settle all bills due for labor and material on former contracts in force at the time of issuance of Proposals.

(d) Failure to comply with any qualification or reg-ulation of the Division.

(e) Default under previous contracts.

(f) Unsatisfactory performance on previous work.

(g) Failure to make timely submittal of required forms per contract provisions on previous con-tracts.

2.4 INTERPRETATION OF QUANTITIES IN BID

SCHEDULE:

Except as otherwise provided in this subsection and the method of measurement for individual items, the quantities appearing in the Bid Schedule are estimates prepared for the comparison of Proposals. Payment to the Contractor will be made based upon these estimates except as set out below in subsection 4.2 for variances from such estimates.

The estimated quantities of work to be performed and ma-terials to be furnished may be increased, decreased, or omitted in the sole discretion of the Division.

2.5 EXAMINATION OF PLANS, SPECIFICATIONS,

AND SITE OF WORK:

The Bidder is expected to examine the site of the proposed work, the Proposal, Plans, Specifications, Standard Specifi-cations, and contract forms, before submitting a Proposal.

The submission of a Proposal will be considered conclusive evidence that the Bidder has made this examination and is aware of the conditions to be encountered in performing the work according to the Contract.

Boring logs and other records of subsurface investigations, to the extent they exist, are available for inspection by Bidders. These logs and records are made available so that all Bidders have access to identical subsurface information that is available to the Division, and is not intended as a substitute for personal investigation, interpretation and judgment of the Bidders.

The Division does not warrant the adequacy of boring logs and other records of subsurface investigations, and such information is not considered to be a part of the Contract.

When a log of testing borings is included in the subsurface investigation record, the data shown in the individual log of each test boring apply only to that particular boring and are not intended to be conclusive as to the character of any material between or around test borings. If Bidders use this information in preparing a Proposal, it is used at their own risk, and Bidders are responsible for all conclusions, deduc-tions, and inferences drawn from such information.

Bidders may conduct subsurface investigations at the pro-ject site in the Bidder’s discretion and at the Bidder's ex-pense, and upon reasonable notice and request the Division will afford any Bidder this opportunity prior to the public opening of Proposals.

If a Bidder discovers an apparent error or omission in the Proposal form, estimated quantities, Plan, or Specifications, the Bidder shall immediately notify the Engineer to enable the Division to make any necessary revisions.

2.6 PREPARATION OF PROPOSAL:

The Bidder shall submit his Proposal upon the forms fur-nished by the Division. The Bidder shall specify a unit price in words and figures for each pay item for which a quantity is given and shall also show the products of the respective unit price and quantities written in figures in the column provided for that purpose and the total amount of the Proposal obtained by adding the amounts of the several items. All the words and figures shall be in ink or typed.

In cases of a discrepancy between the prices written in words and those written in figures, the prices written in words shall govern. In the event of any discrepancy in or miscalculation involving unit prices and the products of unit prices and quantities, the stated unit price shall govern the calculation of the extended price.

When an item in the Proposal contains a choice to be made by the Bidder, the Bidder shall indicate his choice in ac-cordance with the Specifications for that particular item, and thereafter no further choice will be permitted.

The Bidder's Proposal must be signed with ink by the indi-vidual, by one or more general partners of the partnership, by one or more members or officers of each firm represent-ing a joint venture, or by two officers of a corporation, or by any agent of the Contractor legally qualified and ac-ceptable to the State. If the Proposal is made by an indi-vidual, his name and post office address and social security number must be shown and identified as a general or lim-ited partner if it is a limited partnership; by a partnership, the name and post office of each partnership member must be shown; as joint venture, the name and post office ad-dress of each member or officer of the firms represented by the joint venture must be shown; by a corporation, the name of the corporation and the business address of its corporate officials must be shown. If the person(s) signing the Contract is not recognized under the law as having au-thority to act for the Bidder

(e.g., general partners, corporate officers), that person's authority to sign must be demonstrated with a power-of-attorney, corporate resolution, or some other document evidencing his contracting authority.

A Federal Employee Identification Number shall be pro-vided on all Proposals when a Social Security number is not provided.

2.7 IRREGULAR PROPOSALS:

Proposals (Bids) will be considered irregular and may be rejected for any of the following reasons:

(a) If the Proposal is on a form other than that pre-scribed by the Division, or if the form is altered or any part thereof is detached, or if the form does not contain original signatures.

(b) If there are unauthorized additions, conditional or alternate proposals, or irregularities of any kind that tend to make the Proposal incomplete, indefinite, or ambiguous after application of the rules stated in Section 2.6 for resolving ambigu-ities.

(c) If the Bidder fails to acknowledge in the Pro-posal receipt of all addendums current on the date of opening of Proposals.

(d) If the Proposal does not contain a unit price for each pay item listed except in the case of au-thorized alternative pay items, the mathematical products of the respective unit prices and the es-timated quantities, and the total amount of the Bid obtained by adding such mathematical products.

(e) If the Division determines that any of the unit bid prices are unbalanced to the potential detri-ment of the Division. There are two types of unbalanced Bids: (1) mathematically unbal-anced and, (2) materially unbalanced. The mathematically unbalanced Bid is a Bid con-taining lump sum or unit pay items which do not reflect reasonable actual costs plus a reason-able proportionate share of the Bidder's antici-pated profit, overhead costs, and other indirect costs, but not necessarily to the detriment of the Division. These costs should all relate to the performance of the items in question. The ma-terially unbalanced Bid is a mathematically un-balanced Bid which the Division determines leaves reasonable doubt that award will result in the lowest ultimate cost to the Division, or that award is in the public interest.

(f) If the contractor submitting the Bid is affiliated with another contractor that has submitted a Bid on the same public project.

(g) If the Bidder has been asked in writing to show why it should not be found in default on a Divi-sion contract.

The Division reserves the right to reject any or all Bids, to waive technicalities or to advertise for new Bids, if in the judgment of the Division its best interests will be promoted thereby.

2.8 PROPOSAL GUARANTY:

A Proposal will not be read and will be rejected unless ac-companied by a guaranty of the character and in an amount not less than the amount indicated in the Invitation for Bids.

2.9 DELIVERY OF PROPOSALS:

Each Proposal shall be submitted in a sealed envelope. The envelope shall be marked to clearly indicate its contents.

When sent by mail, the sealed Proposal shall be addressed to the Division at the address and in care of the official in whose office the Bids are to be received and enclosed in a separate outside envelope clearly to indicate its contents.

All Proposals shall be filed prior to the time and at the place specified in the

Invitation for Bids. Proposals received after the time for opening of Bids will be returned to the Bidder unopened.

2.10 WITHDRAWAL OR REVISION OF PRO-

POSALS:

A Bidder may withdraw or revise a Proposal after it has been deposited with the Division, but prior to the time set for opening of Bids. Withdrawal of Bids may be made either in writing or in person; however, any Bid withdrawn for the purpose of revision must be redeposited before the time set for opening of Bids.

2.11 COMBINATION OR CONDITIONAL PRO-

POSALS:

If Proposal forms are issued for projects in combination and separately, the Bidder may submit Proposals either on the combination or on separate units of the combination.

The Division reserves the right to make awards on combi-nation or separate Proposals to the advantage of the Divi-sion. Combination Proposals will be considered, only when specified.

2.12 PUBLIC OPENING OF PROPOSALS:

Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, their authorized agents, and other interested parties are invited to be present.

2.13 DISQUALIFICATION OF BIDDERS:

The following reasons, among others, may be considered as being sufficient for the disqualification of a Bidder and the rejection of his Proposal or Proposals:

(a) More than one Proposal for the same work from an individual, firm or corporation under the same or different name.

(b) Evidence of collusion among the Bidders. Par-ticipants in such collusion will not receive recognition as Bidders for any future work of the Division.

2.14 MATERIAL GUARANTY:

The successful Bidder may be required to furnish a com-plete statement of the origin, composition, and manufacture of materials used in the construction of the work together with samples, which have been tested for conformance with contract provisions.

SECTION 2

BIDDING REQUIREMENTS AND CONDITIONS

SECTION 3

AWARD AND EXECUTION OF CONTRACT

3.1 CONSIDERATION OF PROPOSALS:

After the Proposals are opened and read, they will be com-pared on the basis of the summation of the products of the approximate quantities shown in the Bid Schedule by the unit bid prices, after resolution of any ambiguities accord-ing to Section 2.6. The results of such comparison will be immediately available to the public.

The Division reserves the right to reject any or all Pro-posals, to waive any immaterial irregularities (procedural or substantive) in the submission or content of any Pro-posals, or to advertise for new Proposals, if in the judgment of the awarding authority, the best interests of the Division will be promoted thereby. For purposes of this paragraph, an irregularity may be deemed immaterial only if it would not be considered important to a reasonable per-son in assessing the responsiveness of the Proposals or the manner in which they are considered, The Division reserves the right to settle Bid discrepancies as defined in this subsection and in subsection 2.7 that oc-cur in the low Bidder's Proposal at the time the Contract is awarded. By submitting a Bid, Bidders acknowledge that discrepancies will be settled as set out herein and Bidder hereby waives any claims against the Division because of Bidder's mistakes in the Bid Proposal.

3.2 AWARD OF CONTRACT:

If the Contract is awarded, the award will be made within 15 calendar days after the opening of Proposals to the low-est Bidder whose Proposal complies with all the require-ments prescribed. The successful Bidder will be notified in writing of the acceptance of the Proposal and the award of the Contract.

3.3 CANCELLATION OF AWARD:

The Division reserves the right to cancel the award of any contract at any time before the signing of said contract by all parties without any liability on the part of the Division to any Bidder or other person.

3.4 RETURN OF PROPOSAL GUARANTY:

All Proposal guaranties consisting of Bid Bonds will be retained by the Division.

All Proposal guaranties consisting of certified checks or cashiers checks will be treated as follows:

(a) For the two lowest Bidders, the Proposal guar-anty will be held until the successful Bidder has provided satisfactory Performance Bond. The Proposal guaranty will then be returned imme-diately to the second lowest Bidder. The Pro-posal guaranty will not be returned to the suc-cessful Bidder until the Performance Bond has been furnished and the Contract has been exe-cuted.

(b) For all other Bidders, the Proposal guaranty will be returned promptly after the opening of Bids and verification of the Proposals.

3.5 BOND AND INSURANCE REQUIREMENTS:

If the Contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for the State, the Contractor shall, before entering upon the per-formance of any such work included in the Contract, duly execute and deliver to and file with the Division a good and sufficient Bond or other acceptable Surety approved by the Division in a penal sum equal to one-hundred percent of the total amount payable by the terms of the Contract.

Such Bond shall be duly executed by a qualified corporate surety, conditioned for the due and faithful performance of the Contract, and in addition shall provide that if the Con-tractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender or other supplies used or consumed by such Contractor or his subcontractor in performance of the work contracted to be done, the Surety will pay the same in an amount not ex-ceeding the sum specified in the Bond, together with inter-est at the rate of eight percent per annum. If the scope of work is changed resulting in an increase in the contract price, the amount of the Bond required shall be increased by a like amount. If the change results in a decrease in the contract price, the amount of the Bond required may be decreased by a like amount.

The Contractor shall, before entering upon the performance of any work included in the Contract, duly execute and deliver to the Division, a Certificate of Insurance in the amounts designated in the Contract.

3.6 EXECUTION AND APPROVAL OF CON-

TRACT:

The Contract shall be signed and returned by the successful Bidder together with the Contract Bonds, within 15 days after the date of award. If the required, signed Contract and Bonds are returned by the successful Bidder within 15 days after award and if the Contract is not executed by the Division within 60 days from date of award, the Bidder shall have the right to withdraw the Proposal without pen-alty. The Contract will not be considered effective until it has been fully executed by all of the parties to the Contract.

3.7 FAILURE TO EXECUTE CONTRACT:

Failure to execute the Contract and file acceptable Bonds and/or provide requisite Certificates of Insurance within 15 days after the date of award shall be just cause for the can-cellation of the award and the forfeiture of the Proposal guaranty which shall become the property of the Division, not as a penalty, but in liquidation of damages sustained.

Award may then be made to the next lowest responsible Bidder, or the work may be re-advertised and constructed under contract or otherwise, as the Division may decide.

SECTION 3

AWARD AND EXECUTION OF CONTRACT

SECTION 4

SCOPE OF WORK

4.1 INTENT OF CONTRACT:

The intent of the Contract is to provide for the construction and completion in every detail of the work described. The Contractor shall furnish all labor, materials, equipment, tools, transportation and supplies required to complete the work in accordance with the Plans, Specifications and terms of the Contract.

4.2 ALTERATIONS OF PLANS OR CHARACTER

OF WORK AND VARIATIONS IN PLAN

QUANTITIES:

(a) Differing Site Conditions. During the progress of work, if subsurface or latent physical condi-tions are encountered at the site differing materi-ally from those indicated in the Contract, or if unknown physical conditions of an unusual na-ture, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract, are en-countered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions be-fore the site is disturbed and before the affected work is performed.

Upon written notification, the Engineer will in-vestigate the conditions, and if the Engineer de-termines that (i) the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the Contract, and (ii) the actual conditions could not have been discovered by the Contrac-tor through a reasonable investigation of the site prior to submitting a Bid, the Engineer shall make a written adjustment to the contract price, except that no adjustment hereunder shall allow the Contractor to recover for the loss of antici-pated profits. The Engineer will notify the Con-tractor of the determination whether or not an ad-justment of the Contract is warranted. No con-tract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice.

(b) Suspensions of Work Ordered by the Engineer. If the performance of all or any portion of the work is suspended or delayed by the Engineer in writing for an unreasonable period of time (which deter-mination of reasonableness shall be based upon the time originally anticipated as well as the cus-toms and practices of the construction industry) and the Contractor believes that additional com-pensation and/or contract time is due as a result of such suspension or delay, the Contractor shall submit to the Engineer in writing a request for ad-justment within seven calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.

Upon receipt, the Engineer will evaluate the Con-tractor's request. If the Engineer agrees that the cost and/or time required for the performance of the Contract has increased as a result of such sus-pension and the suspension was caused by condi-tions beyond the control of and not the fault of the Contractor, its suppliers, or subcontractors the En-gineer will make an adjustment (excluding profit) and modify the Contract in writing accordingly.

Weather or climatic conditions are not justifiable reasons for contract price adjustment unless the Division has altered or increased the quantities as defined in subsection 4.2(c) and 4.3 where the ex-tension of contract time has delayed the Contrac-tor in work completion. The Engineer will notify the Contractor of the determination whether or not an adjustment of the Contract is warranted. No contract adjustment will be allowed unless the Contractor has submitted the request for adjust-ment within the time prescribed.

No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided for or exclud-ed under any other term or condition of this Con-tract.

No contract adjustment will be allowed if the suspension was caused or based in whole or in any part by the Contractor.

(c) Significant Changes in the Character of Work.

The Engineer reserves the right to make, in writ-ing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project.

Such changes in quantities and alterations shall not invalidate the Contract nor release the Surety, and the Contractor agrees to perform the work as altered.

If the alterations or changes in quantities signifi-cantly change the character of the work under the Contract, whether such alterations or changes are in themselves significant changes to the character of the work, or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding loss of antici-pated profit, will be made to the Contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the Contractor in such amount as the Engineer may determine to be fair and equi-table.

The term "significant change" shall be construed to apply only to the following circumstances:

(1) When the character of the work as altered dif-fers materially in kind or nature from that in-volved or included in the original proposed construction, or

(2) Where a major item of work is increased to greater than 125 percent or decreased to less than 75 percent of the original contract quanti-

ty. Any adjustment in price for increase or de-crease in quantity shall apply only to that por-tion in excess of 125 percent or less than 75 percent of the original contract item quantity.

A “major item” is any item having an original contract value in excess of 10 percent of the original contract amount.

4.3 EXTRA WORK:

The Contractor shall perform unforeseen work, for which there is no price included in the Contract, whenever it is deemed necessary or desirable in order to complete fully the work as contemplated when authorized by the Engi-neer. Such work shall be performed in accordance with the Contract and as directed, and will be paid for as provided under subsection 9.4 or at a price agreed upon in advance of the performance of the work. Section 5.17(a) shall apply with respect to disputes regarding extra work.

4.4 RIGHTS IN AND USE OF MATERIALS FOUND

ON THE WORK:

The Engineer may authorize the Contractor's use of materi-als found in the excavation for completing pay items other than excavation. Payment will be made for both the exca-vation of such materials at the corresponding contract unit price, and for the pay item for which the excavated material is used. The Division will not charge the Contractor royal-ty or additional cost of select material for the removed ma-terial. The Contractor shall not excavate or remove any material from within the construction area which is not within the grading limits, as indicated by the slope and grade lines, without written authorization from the Engi-neer.

4.5 FINAL CLEANING UP:

Before final acceptance, the work area and all ground oc-cupied by the Contractor in connection with the work shall be cleaned of all rubbish, excess materials, temporary structures, and equipment, and all parts of the work shall be left in an acceptable condition.

The cost of final cleanup will not be paid for separately but shall be included in the work.

SECTION 4

SCOPE OF WORK

SECTION 5

CONTROL OF WORK

5.1 AUTHORITY OF THE ENGINEER:

The Engineer will decide all questions regarding the quality and acceptability of materials furnished, work performed, and the rate of progress of the work; all interpretation of the Plans and Specifications; and the acceptable fulfillment of the Contract.

The Engineer will, by written notice, suspend the work, wholly or in part when the Contractor fails to correct condi-tions unsafe for the workmen or the general public; for failure to carry out contract provisions; for failure to carry out orders; for periods of unsuitable weather; for conditions unsuitable for the prosecution of the work, or for any other condition or reason determined to be in the public interest.

5.2 PLANS AND SHOP DRAWINGS:

Plans will show details of construction lines, grades, typi-cal cross sections, location and design of all structures.

Only general features will be shown for steel and pre-stressed concrete structures.

The Plans shall be supplemented by shop drawings as nec-essary to adequately control the work. Shop drawings may consist of drawings, diagrams, illustrations, schedules, cal-culations, and other data prepared by the Contractor, sub-contractor, manufacturer, supplier, or distributor, which will illustrate how specific portions of the work shall be fabricated and/or installed in accordance with the Contract.

The Contractor shall approve shop drawings prior to sub-mission to the Engineer for approval. The Contractor's approval shall be recorded by an appropriate stamp with the date and signature on each drawing. Where design notes and catalog cuts are submitted, only the first sheet will require the approval stamp. Shop drawings received directly from fabricators or suppliers or from contractors without Contractor's approval will be returned without ac-tion for resubmittal in accordance with the Specifications and these GRC’S.

Six sets of shop drawings shall be submitted to the Engi-neer. After checking and review by the Engineer, two sets will be returned for use by the Contractor and the fabricator or supplier.

Shop drawings returned to the Contractor will be stamped and the stamp marked to indicate one of the following:

(a) Approved, no exception taken.

(b) Approved, as noted.

(c) Not approved. Resubmit.

(d) Revise and resubmit.

Approval of the shop drawings shall not relieve the Con-tractor of the obligation to meet all requirements of the Contract and shall not relieve the Contractor of the respon-sibility for the correctness of the shop drawings. Changes to the approved shop drawings requires reapproval.

If shop drawings are returned for revision, revisions shall be made and they shall be resubmitted by the Contractor.

The time required for the Division's approval of each sub-mittal will not exceed four weeks after shop drawings are received by the Engineer.

If the Contractor's controlling operations are delayed or interfered with by reason of the Division's failure to return shop drawings within the specified four weeks time, an extension of contract completion time commensurate with the delay in completion of the work thus caused will be granted.

All shop drawings shall be a maximum 34 inches long and 22 inches wide overall. There shall be a two inch margin on the left side of the sheet and a one-half inch margin on the other three sides. A blank space, six inches by three inches, shall be left near the lower right-hand corner for an approval stamp.

There shall be a title block in the lower right-hand corner of each sheet of shop drawings. The title block shall show the project number, structure name, the location of the structure, and the contents of the sheet.

Where design notes or catalogue cuts are required as sup-porting data for shop drawings, they may be submitted on 8 1/2 in. x 11 in. sheets in lieu of the size mentioned above.

Any work performed on the project, regarding work requir-ing shop drawings, will not be accepted until after the shop drawings have been approved and the work is in conform-ance with the drawings and the provisions of the Contract.

The Contractor shall keep one set of Plans and shop draw-ings available on the project at all times.

Payment for preparing and furnishing all shop drawings will not be paid for separately, but shall be included in the work.

5.3 CONFORMITY WITH PLANS AND SPECI-

FICATIONS:

All work performed and all materials furnished shall con-form to the lines, grades, cross sections, dimensions, and material requirements, including tolerances, shown in the Contract.

For those items of work where working tolerances are not specified, the Contractor shall perform the work in a man-ner consistent with reasonable and customary manufactur-ing and construction practices.

When the Engineer finds that the materials furnished, the work performed, or the finished product does not conform with the Contract but that reasonably acceptable work has been produced, the Engineer will determine the extent the work will be accepted and remain in place. If accepted the Engineer will, in his sole discretion, (1) document the basis for acceptance by Contract Modification Order which will provide for an appropriate adjustment in the contract price for such work or materials not otherwise provided for in this subsection or (2) notify the Contractor in writing that the Contract unit price will be adjusted; or (3) in lieu of a price adjustment, permit correction or replacement of the finished product provided the correction or replacement does not adversely affect the work.

When the Engineer finds the materials furnished, work performed, or the finished product are not in conformity with the Contract and has resulted in an inferior or unsatis-factory product, the work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor. The Engineer shall promptly notify the Contractor of such unacceptable materials, work or finished product.

5.4 COORDINATION OF PLANS, AND SPECIFICA-

TIONS:

The Specifications, the Standard Specifications, the Plans, these GRC’S, and all supplementary documents are essen-tial parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are in-tended to be complementary and to describe and provide for a complete work.

In case of discrepancy the order of precedence is as fol-lows:

(a) Specifications

(b) Plans

(c) Detailed Plans

(d) Standard Plans

(e) Calculated dimensions will govern over scaled dimensions

(f) Standard Specifications

(g) GRC’S

If the manufacturer of an approved products specifications is more stringent than those contained in the Contract, the manufacturer's specification shall govern.

In the event of any error in or omission from the Contract, the Contractor shall immediately notify the Engineer upon learning of such error or omission, and the Engineer will make corrections and interpretations as necessary to fulfill the intent of the Contract.

5.5 COOPERATION BY CONTRACTOR:

The Contractor will be supplied with a minimum of two sets of approved Plans and Contract Documents, one set of which the Contractor shall keep available on the work site at all times.

The Contractor shall give the work the constant attention necessary to facilitate the progress thereof, and shall coop-erate with the Engineer, his inspectors, and other contrac-tors in every way possible.

(a) Duties of the Superintendent:

The Contractor shall have on the site at all times, as his agent, a competent superintendent capable of reading and thoroughly understand-ing the Plans and Specifications and thoroughly experienced in the type of work being per-formed. The Superintendent shall be fully au-thorized by the Contractor to review and ap-prove estimated pay quantities. Such superin-tendent shall be furnished regardless of the amount of work sublet. When circumstances dictate that the Superintendent cannot physical-ly be at the work site the Contractor shall pro-vide the Engineer with a minimum 2 days notice of the method, times and places where the Su-perintendent can be contacted or alternatively provide an individual who has the authority to act in the Superintendent's absence for the En-gineer's approval.

(b) Duties of the Contractor’s Project Manager:

The Contractor shall have available at least by phone throughout the duration of the work, as his agent, a competent Project Manager that is fully authorized by the Contractor to:

(1) Review and approve Contract Modification

Orders.

(2) Revise and approve the project schedule.

(3) Review and approve the final pay quantity.

(4) Execute orders or directives of the Engi-neer without delay, and to promptly supply such materials, equipment, tools, labor, and incidentals as may be required.

When circumstances dictate that the Project Manager cannot be reached at his home office, the Contractor shall provide the Engineer with a minimum 2 days notice of the method, times and places where the Project Manager can be contacted or alternatively provide an individual who has the authority to act in the…