Bid02 Elkhead Shop Specification Appendices 02-24-16.pdf

Appendix A – Soils Report for Elkhead New Shop Complex

Appendix B – General Requirements and Covenants for Capital Construction

State of Colorado

Department of Natural Resources

Division of Parks and Outdoor Recreation

General Requirements and Covenants for

Capital Construction

Revised September 3, 1996

TO ALL CONTRACTORS

The General Requirements and Covenants for Capital Construction dated 1996 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 Division of Parks and Outdoor Recreation projects.

Failure to acknowledge receipt and examination of the General Requirements and Covenants by the appropriate signature in the Bid Documents shall result in the rejection of the Bid.

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GENERAL REQUIREMENTS AND COVENANTS

INDEX TO SECTIONS

Par Page

SECTION 1: DEFINITION AND TERMS ..................................................................................... 1.1-53 1

SECTION 2: BIDDING REQUIREMENTS AND CONDITIONS

QUALIFICATIONS OF BIDDERS ............................................................................................... 2.1 6 CONTENTS OF PROPOSAL FORMS .......................................................................................... 2.2 6 ISSUANCE OF PROPOSALS ......................................................................................................... 2.3 6 INTERPRETATION OF QUANTITIES IN BID PROPOSAL .................................................. 2.4 6

EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS

AND SITE OF WORK ..................................................................................................................... 2.5 7 PREPARATION OF PROPOSAL .................................................................................................. 2.6 7 IRREGULAR PROPOSALS ........................................................................................................... 2.7 7 PROPOSAL GUARANTY .............................................................................................................. 2.8 8 DELIVERY OF PROPOSALS ........................................................................................................ 2.9 8 WITHDRAWAL OR REVISION OF PROPOSALS ................................................................... 2.10 8 COMBINATION OR CONDITIONAL PROPOSALS ................................................................ 2.11 8 PUBLIC OPENING OF PROPOSALS .......................................................................................... 2.12 8 DISQUALIFICATION OF BIDDERS ........................................................................................... 2.13 8 MATERIAL GUARANTY .............................................................................................................. 2.14 9

SECTION 3: AWARD AND EXECUTION OF CONTRACT

CONSIDERATION OF PROPOSALS .......................................................................................... 3.1 10 AWARD OF CONTRACT .............................................................................................................. 3.2 10 CANCELLATION OF AWARD..................................................................................................... 3.3 10 RETURN OF PROPOSAL GUARANTY ..................................................................................... 3.4 10 BOND AND INSURANCE REQUIREMENTS .......................................................................... 3.5 10 EXECUTION AND APPROVAL OF CONTRACT .................................................................... 3.6 10 FAILURE TO EXECUTE CONTRACT ....................................................................................... 3.7 11

SECTION 4: SCOPE OF WORK

INTENT OF CONTRACT ............................................................................................................... 4.1 12

ALTERATIONS OF PLANS OR CHARACTER OF WORK AND VARIATIONS

IN PLAN QUANTITIES .................................................................................................................. 4.2 12 EXTRA WORK ................................................................................................................................. 4.3 13 RIGHTS IN AND USE OF MATERIALS FOUND ON THE WORK ..................................... 4.4 13 FINAL CLEANING UP ................................................................................................................... 4.5 13

SECTION 5: CONTROL OF WORK

AUTHORITY OF THE PROJECT MANAGER ......................................................................... 5.1 14 PLANS AND SHOP DRAWINGS .................................................................................................. 5.2 14 CONFORMITY WITH PLANS AND SPECIFICATIONS ......................................................... 5.3 15 COORDINATION OF PLANS, SPECIFICATIONS, AND SPECIAL PROVISIONS ............ 5.4 15 COOPERATION BY CONTRACTOR ......................................................................................... 5.5 16 PROTECTION OF UTILITIES ...................................................................................................... 5.6 16 COOPERATION BETWEEN CONTRACTORS ........................................................................ 5.7 16 CONSTRUCTION STAKES, LINES AND GRADES ................................................................. 5.8 17 AUTHORITY AND DUTIES OF PROJECT MANAGER ........................................................ 5.9 17 AUTHORITY AND DUTIES OF THE INSPECTOR ................................................................ 5.10 17 INSPECTION OF WORK ............................................................................................................... 5.11 17 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK .................................. 5.12 18 LOAD RESTRICTIONS .................................................................................................................. 5.13 18 MAINTENANCE DURING CONSTRUCTION ......................................................................... 5.14 18 FAILURE TO MAINTAIN PROJECT OR STRUCTURE ........................................................ 5.15 18 ACCEPTANCE ................................................................................................................................. 5.16 18 CLAIMS FOR ADJUSTMENT AND DISPUTES ....................................................................... 5.17 19

SECTION 6: CONTROL OF MATERIAL

SOURCE OF SUPPLY AND QUALITY REQUIREMENTS ................................................... 6.1 22 SAMPLES, TESTS, CITED SPECIFICATIONS .......................................................................... 6.2 22 PLANT INSPECTION ...................................................................................................................... 6.3 22 STORAGE OF MATERIALS ......................................................................................................... 6.4 22 HANDLING MATERIALS ............................................................................................................. 6.5 23 UNACCEPTABLE MATERIALS .................................................................................................. 6.6 23 DIVISION FURNISHED MATERIALS ....................................................................................... 6.7 23 ii

SECTION 7: LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC

LAWS TO BE OBSERVED ............................................................................................................ 7.1 24 PERMITS, LICENSES, AND TAXES ........................................................................................... 7.2 24 PATENTED DEVICES, MATERIALS AND PROCESSES ....................................................... 7.3 24 FEDERAL AID PROVISIONS ...................................................................................................... 7.4 24 SANITARY PROVISIONS .............................................................................................................. 7.5 24 PUBLIC CONVENIENCE AND SAFETY ................................................................................... 7.6 24 BARRICADES AND WARNING SIGNS ..................................................................................... 7.7 24 USE OF EXPLOSIVES .................................................................................................................... 7.8 24 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE ...................... 7.9 25 FOREST PROTECTION ................................................................................................................. 7.10 25 RESPONSIBILITY FOR DAMAGE CLAIMS ............................................................................. 7.11 25 CONTRACTOR’S RESPONSIBILITY FOR WORK .................................................................. 7.12 26

CONTRACTOR’S RESPONSIBILITY FOR UTILITY PROPERTY AND SERVICES ....... 7.13 26

FURNISHING RIGHT OF WAY ................................................................................................... 7.14 27 PERSONAL LIABILITY OF PUBLIC OFFICIALS .................................................................... 7.15 27 NO WAIVER OF LEGAL RIGHTS .............................................................................................. 7.16 27 AFFIDAVIT RELATIVE TO COLLUSION ................................................................................ 7.17 27 THIRD PARTY BENEFICIARY ................................................................................................... 7.18 27 ARCHAEOLOGICAL AND PALEONTOLOGICAL DISCOVERIES ................................... 7.19 27 AIR AND WATER POLLUTION .................................................................................................. 7.20 27 WAGE RATES .................................................................................................................................. 7.21 28 DISCRIMINATION AND AFFIRMATIVE ACTION ................................................................ 7.22 28 GENERAL ......................................................................................................................................... 7.23 29

SECTION 8: PROSECUTION AND PROGRESS

SUBLETTING OF CONTRACT .................................................................................................... 8.1 30 NOTICE TO PROCEED ................................................................................................................. 8.2 30 PROSECUTION AND PROGRESS .............................................................................................. 8.3 30 CHARACTER OF WORKERS, METHODS AND EQUIPMENT ........................................... 8.4 30 DETERMINATION AND EXTENSION OF CONTRACT TIME............................................ 8.5 31 FAILURE TO COMPLETE WORK ON TIME ........................................................................... 8.6 32 DEFAULT OF CONTRACT ........................................................................................................... 8.7 32 TERMINATION OF CONTRACT ................................................................................................ 8.8 33

SECTION 9: MEASUREMENT AND PAYMENT

MEASUREMENT OF QUANTITIES ........................................................................................... 9.1 35 SCOPE OF PAYMENT .................................................................................................................... 9.2 36 COMPENSATION FOR ALTERED QUANTITIES .................................................................. 9.3 36 EXTRA AND FORCE ACCOUNT WORK ................................................................................. 9.4 36 ELIMINATED ITEMS ..................................................................................................................... 9.5 37 PARTIAL PAYMENTS ................................................................................................................... 9.6 37 PAYMENT FOR MATERIAL ON HAND ................................................................................... 9.7 37 ACCEPTANCE AND FINAL PAYMENT .................................................................................... 9.8 38 CORRECTION OF WORK AFTER FINAL PAYMENT........................................................... 9.9 38

DIVISION I

SECTION 1

DEFINITION AND TERMS

1.1 ABBREVIATIONS:

Wherever the following abbreviations are used in these Specifications or on the Plans they shall be construed the same as the respective expressions represented:

AAN ................... American Association of Nurserymen AAR ................... Association of American Railroads AASHTO ........... American Association of State Highway Officials 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 CRS .................... Colorado Revised Statutes, 1973, as amended 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 ICBO .................. International Conference of Building Officials IEEE .................. Institute of Electrical and Electronics Engineers 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 submitting a Proposal for the advertised work. A contractor intending to contract with the Division for performance of prescribed work.

1.6 CALENDAR DAY:

Each and every day shown on the calendar, beginning and ending at midnight.

1.7 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.

1.8 CITY OR TOWN:

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

1.9 CONSTRUCTION REQUIREMENT:

Specifications covering performance of work required for proper completion and acceptance.

1.10 CONTRACT:

The written agreement between the Division and the Contractor 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 basis 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, Special Provisions, 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.

1.11 CONTRACT BOND:

The approved form of security, executed by the Contractor and his/her Surety or Sureties, guaranteeing complete performance of the Contract and all Contract Modifications pertaining thereto and the payment of all legal obligations pertaining 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:

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.

The Contract Modification Order is the only method authorized for changing the Contract.

1.14 CONTRACT TIME:

The number of calendar days allowed for completion of the Contract, including authorized time extensions. 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 Parks and Outdoor Recreation for performance of prescribed work.

1.16 COUNTY:

The county in which the work is to be done.

1.17 DEPARTMENT:

State Department of Natural Resources, which is a department within the executive branch of the State of Colorado.

1.18 DIRECTOR:

The Director of the Division of Parks and Outdoor Recreation.

1.19 DIVISION:

Division of Parks and Outdoor Recreation, which is a Division within the State Department of Natural Resources.

1.20 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 acceptable completion of the work.

1.21 EXECUTIVE DIRECTOR:

The Executive Director of the Colorado Department of Natural Resources.

1.22 EXPRESSION BY OR TO THE PROJECT MANAGER:

In order to avoid cumbersome and confusing repetition of expressions in these Specifications, 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, designated, indicated, considered necessary, deemed necessary, permitted, reserved, suspended, established, approval, approved, disapproved, acceptable, unacceptable, suitable, accepted, satisfactory, unsatisfactory, sufficient, insufficient, rejected, or condemned" it shall be understood as if the expression were followed by the words "by the Project Manager" or "to the Project Manager."

1.23 EXTRA WORK:

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

1.24 HOLIDAYS:

Holidays recognized by the State of Colorado are:

• New Year's Day

• Dr. Martin Luther King Jr.'s Birthday

• Washington-Lincoln 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.

Additional legal holidays, when designated by the Governor or the President of the United States, will also be recognized by the State.

1.25 INSPECTOR:

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

1.26 INVITATION FOR BIDS:

All documents, whether attached or incorporated by reference, 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 quantity of the material to be furnished and the time and place of the opening of Proposals.

1.27 LABORATORY:

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

1.28 MATERIALS:

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

1.29 METHOD OF MEASUREMENT:

The manner in which a "pay item" is measured to conform with the "Pay Unit."

1.30 NOTICE TO PROCEED:

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

1.31 PLANS:

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

1.32 PROJECT:

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

1.33 PROJECT MANAGER:

The Regional Manager's duly authorized representative who is in direct charge of the work and is responsible for the administration and completion of the project under contract. The Project Manager is also responsible for acting on written appeals made by the Contractor relating to contract claims for additional compensation or extension of contract time.

1.34 PROPOSAL:

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

1.35 PROPOSAL FORM:

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

1.36 PROPOSAL GUARANTY:

The security furnished with a Proposal to guarantee that the Bidder will enter into the Contract if his/her Proposal is accepted.

1.37 QUESTIONNAIRE:

The specified forms on which the Contractor shall furnish required information as to his/her ability to perform and finance the work.

1.38 REGIONAL MANAGER:

The Regional Manager of the Division authorized by the Director to represent the Division in the functions of carrying out the Capital Construction program acting either directly or through authorized representatives as defined in Section 1.25 and 1.33, or as otherwise designated by the Regional Manager.

1.39 SALVABLE MATERIAL:

Material that can be saved or salvaged. Unless designated or directed by the Project Manager or shown on the Plans, all salvable materials shall remain the property of the Division.

1.40 SPECIAL PROVISIONS:

Additions and revisions to the Specifications covering conditions peculiar to an individual project.

1.41 SPECIFICATIONS:

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

1.42 SPECIFIED COMPLETION DATE:

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

1.43 STATE:

The State of Colorado acting through its authorized representative.

1.44 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.

1.45 SUBCONTRACTORS:

An individual, firm or corporation to whom the Contractor sublets part of the Contract.

1.46 SUPERINTENDENT:

The Contractor's authorized representative in responsible charge of the work.

1.47 SURETY:

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

1.48 TITLES OR HEADINGS:

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

1.49 WORK:

The furnishing of all labor, materials, equipment, and incidentals necessary to successfully complete the project according to all duties and obligations imposed by the Contract.

1.50 WORKING DAY:

Any day, exclusive of Saturdays, Sundays and holidays, on which weather and other conditions not under the control of the Contractor will permit construction operations to proceed with the normal working force engaged in performing those items controlling the completion of the work.

1.51 WORKING DRAWINGS:

Stress sheets, shop drawings, erection plans, falsework plans, framework plans, cofferdam plans, bending diagrams for reinforcing steel, or any other supplementary plans or similar data which the Contractor is required to submit to the Project Manager 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 experience 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 Bidders with a Proposal form. This form will state the location and description of the contemplated construction and will show the approximate 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 altered when the Proposal is submitted.

The Plans, Specifications and other documents designated in the Proposal form will be considered a part 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 for each set of Plans.

2.3 ISSUANCE OF PROPOSALS:

The Division reserves the right to disqualify or refuse to accept a Proposal if a Bidder is in default for any of the following reasons:

(a) Lack of competency and adequate machinery, plant and other equipment, as revealed by the financial statement and experience questionnaire.

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

(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 regulation 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 contracts.

2.4 INTERPRETATION OF QUANTITIES IN BID PROPOSAL:

Except as otherwise provided in this subsection and the method of measurement for individual items, the quantities appearing in the Bid proposal are estimates prepared for the comparison of Proposals. Payment to the Contractor will be made in accordance with the following procedures:

(a) Measurement Required: When the Contract requires measurement of work performed or material furnished, payment will be made for actual quantities measured and accepted.

(b) Measurement Not Required: When the Contract does not require quantities of work performed or materials furnished to be measured, payment will be made for the quantities appearing in the Contract.

The estimated quantities of work to be performed and materials to be furnished may be increased, decreased, or omitted.

2.5 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS AND SITE OF WORK:

The Bidder is expected to examine the site of the proposed work, the Proposal, Plans, Specifications, Special Provisions, 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 when existing 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, deductions, and inferences drawn from such information.

Bidders may conduct subsurface investigations at the project site at Bidder's expense. The Division will afford them this opportunity prior to public opening of Proposals. The Contractor shall notify the Division of his/her intention to investigate the site. The Project Manager shall review and approve the Contractor’s plan prior to commencement of the investigation. Bidder is responsible for restoration of the site at the direction of the Project Manager.

If a Bidder discovers an apparent error or omission in the Proposal form, estimated quantities, Plan, or Specifications, the Bidder shall immediately notify the Project Manager to enable the Division to make any necessary revisions. The Division may consider it to be detrimental to the Division for a Bidder to submit an obviously unbalanced unit bid price.

2.6 PREPARATION OF PROPOSAL:

The Bidder shall submit his/her Proposal upon the forms furnished by the Division. The Bidder shall specify a unit price 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. The total amount of the Proposal obtained by adding the amounts of the several items shall be specified in words and figures. All the words and figures shall be in ink or typed. In cases of a discrepancy between the sum of the unit prices and the total amount, the sum of the unit prices shall govern.

When an item in the Proposal contains a choice to be made by the Bidder, the Bidder shall indicate his/her choice in accordance 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 individual, by one or more general partners of the partnership, by one or more members or officers of each firm representing a joint venture, or by two officers of a corporation, or by any agent of the Contractor legally qualified and acceptable to the State. If the Proposal is made by an individual, his/her name and post office address and social security number must be shown and identified as a general or limited 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 address 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 authority 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/her contracting authority.

A Federal Employee Identification Number shall be provided 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 prescribed 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.

(c) If the Bidder fails to acknowledge in the Proposal receipt of all revisions 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 authorized alternative pay items, the mathematical products of the respective unit prices and the estimated 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 materially unbalanced to the potential detriment of the Division. There are two types of unbalanced Bids: (1) mathematically unbalanced and,

(2) materially unbalanced. The mathematically unbalanced Bid is a Bid containing lump sum or unit pay items which do not reflect reasonable actual costs plus a reasonable proportionate share of the Bidder's anticipated 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 materially unbalanced Bid is a mathematically unbalanced 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 Division 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 accompanied 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 PROPOSALS:

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 PROPOSALS:

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 combination or separate Proposals to the advantage of the Division. Combination Proposals will be considered, only when specified.

The Division may choose to add, reduce, or eliminate any bid item or combination of bid items so the construction contract shall not exceed the encumbered funds allocated for this project. The contract shall be awarded to the low bidder of the bid items selected by the Division.

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/her 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. Participants 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 complete 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 compared on the basis of the summation of the products of the approximate quantities shown in the Bid proposal by the unit bid prices. The results of such comparison will be immediately available to the public. In the event of a discrepancy between said unit prices and extensions, the unit bid price shall govern.

The right is reserved to reject any or all Proposals, to waive technicalities or to advertise for new Proposals, if in the judgment of the awarding authority, the best interests of the Division will be promoted thereby.

The Division reserves the right to settle Bid discrepancies as defined in this subsection and in subsection 2.7 that occur in the low Bidder's Proposal at the time the Contract is awarded. Bid discrepancies will be settled with the understanding that the low Bidder waives any claims against the Division because of the 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 lowest Bidder whose Proposal complies with all the requirements 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 against the Division.

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 guaranty will be held until the successful Bidder has provided satisfactory Performance Bond. Proposal guaranty will then be returned immediately to the second lowest Bidder. The Proposal guaranty will not be returned to the successful Bidder until the Performance Bond has been furnished and the Contract has been executed.

(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 performance 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 Contractor or his/her 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/her subcontractor in performance of the work contracted to be done, the Surety will pay the same in an amount not exceeding the sum specified in the Bond, together with interest 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 on the Contract.

3.6 EXECUTION AND APPROVAL OF CONTRACT:

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 signed Contract and Bonds are returned by the successful Bidder within 15 days after award, and are technically correct, 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 penalty. 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 cancellation 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 Special Provisions, 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 conditions are encountered at the site differing materially from those indicated in the Contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.

Upon written notification, the Project Manager will investigate the conditions, and if the Project Manager determines that 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, an adjustment, excluding loss of anticipated profits, will be made and the Contract modified in writing accordingly. The Project Manager will notify the Contractor of the determination whether or not an adjustment of the Contract is warranted. No contract 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 Project Manager. If the performance of all or any portion of the work is suspended or delayed by the Project Manager in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the Contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the Contractor shall submit to the Project Manager in writing a request for adjustment 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 Project Manager will evaluate the Contractor's request. If the Project Manager agrees that the cost and/or time required for the performance of the Contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the Contractor, its suppliers, or subcontractors, and not caused by the weather, the Project Manager will make an adjustment (excluding profit) and modify the Contract in writing accordingly. The Project Manager 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 adjustment 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 excluded under any other term or condition of this Contract.

(c) Significant Changes in the Character of Work. The Project Manager reserves the right to make, in writing, 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 significantly 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 anticipated 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 Project Manager may determine to be fair and equitable.

If the alterations or changes in quantities do not significantly change the character of the work to be performed under the Contract, the altered work will be paid for as provided elsewhere in the Contract.

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

(1) When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction, or

(2) When the alterations increase or decrease the scope of the total project by more than 25 percent unless agreed by the Contractor.

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 in writing by the Project Manager. 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.

Refer to Section 5.17(a) with respect to disputes regarding extra work.

4.4 RIGHTS IN AND USE OF MATERIALS FOUND ON THE WORK:

The Project Manager may authorize the Contractor's use of materials found in the excavation for completing pay items other than excavation. Payment will be made for both the excavation 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 royalty or additional cost of select material for the removed material. 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 Project Manager.

4.5 FINAL CLEANING UP:

Before final acceptance, the work area and all ground occupied 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 PROJECT MANAGER:

The Project Manager 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 Project Manager will, in writing, suspend the work, wholly or in part when the…