GRCCOPY_GRC.pdf

State of Colorado

Department of Natural Resources

Division of Wildlife

General Requirements and Covenants for

Capital Construction i

No.________2003

TO ALL CONTRACTORS

These General Requirements and Covenants for Capital Con-struction 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 Division of

Wildlife projects.

ii

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:...5

2.11 COMBINATION OR CONDITIONAL PROPOSALS: 6

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:

3.6 EXECUTION AND APPROVAL OF CONTRACT: ..7

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:

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:

5.8 CONTROL STAKES, LINES AND GRADES:

5.9 AUTHORITY AND DUTIES OF PROJECT ENGINEER:

5.10 AUTHORITY AND DUTIES OF THE INSPECTOR:12

5.11 INSPECTION OF WORK:

5.12 REMOVAL OF UNACCEPTABLE AND

UNAUTHORIZED WORK:

5.13 LOAD RESTRICTIONS:

5.14 MAINTENANCE DURING CONSTRUCTION:

5.15 FAILURE TO MAINTAIN PROJECT OR STRUCTURE:

5.16 ACCEPTANCE:

5.17 CLAIMS FOR ADJUSTMENT AND DISPUTES:... 14

SECTION 6 CONTROL OF MATERIAL

6.1 SOURCE OF SUPPLY AND QUALITY

REQUIREMENTS:

6.2 SAMPLES, TESTS, CITED SPECIFICATIONS:

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:

7.12 CONTRACTOR'S RESPONSIBILITY FOR WORK: 21

7.13 CONTRACTOR'S RESPONSIBILITY FOR UTILITY

PROPERTY AND SERVICES:

7.14 FURNISHING RIGHT OF WAY:

7.15 PERSONAL LIABILITY OF PUBLIC OFFICIALS: 21

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:24

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:

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: 32

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:35

1.1

1.2

1.3

1.4

1.5

1.6

1.7

1.8

1.9

1.10

1.11

DIVISION I

GENERAL REQUIREMENTS AND COVENANTS

SECTION 1

DEFINITION AND TERMS

ABBREVIATIONS:

Wherever the following abbreviations are used in these Gen-eral Requirements and Covenants for Capital Construction, 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 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 CDPHE Colorado Department of Public Health and Envi-ronment 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 Capital

Construction, 2003 edition 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

ADVERTISEMENT:

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

AWARD:

The acceptance by the Division of a Proposal.

BASIS OF PAYMENT:

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

BIDDER:

An individual, firm, corporation, or other legal entity submit-ting a Proposal for the advertised work or intending to con-tract with the Division for performance of work.

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.

CITY OR TOWN:

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

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 relating to contract claims for additional compensation or extension of contract time.

CONTRACT:

The written agreement between the Division and the Contrac-tor setting forth the rights and obligations of the parties there-under, 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, Gen-eral 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 Con-tract Modification Orders and Agreements that are required to complete the construction of the work in an acceptable man-ner, including authorized extensions thereof, all of which con-stitute one instrument.

CONTRACT AMENDMENT:

A written agreement between the Contractor and the Division for contingencies, extra work, additions, or other alterations 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.

CONTRACT BOND:

1.12

1.13

1.14

1.15

1.16

1.17

1.18

1.19

1.20

1.21

1.22

1.23

1.24

1.25

1.26

1.27

1.28

The approved form of security, executed by the Contractor and his 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.

CONTRACT ITEM (PAY ITEM):

A specifically described unit of work for which a price is pro-vided in the Contract.

CONTRACT MODIFICATION ORDER:

A written order issued to the Contractor by the Division cov-ering contingencies, extra work, increases or decreases in con-tract 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.

CONTRACT TIME:

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

CONTRACTOR:

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

CONTRACTOR’S PROJECT MANAGER:

The Contractor’s authorized employee in charge of executing the Contract and Contract Modification Orders.

COUNTY:

The county in which the work is to be done.

DEPARTMENT:

The State Department of Natural Resources, which is a de-partment within the executive branch of the State of Colorado.

DIRECTOR:

The Director of the Division of Wildlife.

DIVISION:

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

ENGINEER:

The Chief Engineer of the Division authorized by the Director 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 representatives as defined in Section 1.27 and 1.35, or as otherwise designated by the Chief Engineer.

EQUIPMENT:

All machinery and equipment, together with the necessary supplies for upkeep and maintenance, and also tools and appa-ratus necessary for the proper construction and acceptable completion of the work.

EXECUTIVE DIRECTOR:

The Executive Director of the Colorado Department of Natu-ral Resources.

EXPRESSION BY OR TO THE ENGINEER:

In order to avoid cumbersome and confusing repetition of ex-pressions in these GRC’S, it is provided that whenever any-thing is, or is to be done, if, as, of, when, or where "contem-plated, required, determined, directed, specified, interpreta-tion, interpreted, authorized, ordered, given, designated, in-dicated, considered necessary, deemed necessary, permitted, reserved, suspended, established, approval, approved, disap-proved, acceptable, unacceptable, suitable, accepted, satisfac-tory, unsatisfactory, sufficient, insufficient, rejected, or con-demned" it shall be understood as if the expression were fol-lowed by the words "by the Engineer in the Engineer's sole discretion" or "to the Engineer in the Engineer’s sole discre-tion."

EXTRA WORK:

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

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 consti-tute a “holiday” hereunder.

INSPECTOR:

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

INVITATION FOR BIDS:

All documents, whether attached or incorporated by reference, utilized for soliciting Proposals. The advertisement will indi-cate 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 Pro-posals.

1.29

1.30

1.31

1.32

1.33

1.34

1.35

1.36

1.37

1.38

1.39

1.40

1.41

1.42

1.43

1.44

1.45

1.46

1.47

1.48

1.49

1.50

1.51

1.52

LABORATORY:

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

MATERIALS:

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

METHOD OF MEASUREMENT:

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

NOTICE TO PROCEED:

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

PLANS:

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

PROJECT:

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

PROJECT ENGINEER:

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

PROPOSAL:

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

PROPOSAL FORM:

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

PROPOSAL GUARANTY:

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

QUESTIONNAIRE:

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

SALVABLE MATERIAL:

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

SHUTDOWN:

The authorized period of time when work is suspended. The duration of an authorized shutdown is not assessed against the contract time.

SPECIFICATIONS:

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

SPECIFIED COMPLETION DATE:

The date on which the contract work is specified to be com-pleted.

STANDARD SPECIFICATIONS:

Specifications approved for general application and repetitive use.

STATE:

The State of Colorado acting through its authorized represen-tative.

STRUCTURES:

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

SUBCONTRACTORS:

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

SUPERINTENDENT:

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

SURETY:

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

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.

WORK:

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

WORKING DRAWINGS:

Stress sheets, shop drawings, erection plans, falsework plans, framework plans, cofferdam plans, bending diagrams for rein-forcing 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

GENERAL REQUIREMENTS AND COVENANTS

SECTION 1

DEFINITION AND TERMS

2.1

2.2

2.3

2.4

2.5

2.6

SECTION 2

BIDDING REQUIREMENTS AND CONDITIONS

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 finan-cial resources and liabilities, equipment, past record and per-sonnel.

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 an estimate of the various quantities and kinds of work to be per-formed 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, these GRC’S, and all other docu-ments 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.

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 following reasons:

Uncompleted work which, in the judgment of the Division, might hinder or prevent the prompt com-pletion 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 regula-tion 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.

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 materi-als to be furnished may be increased, decreased, or omitted in the sole discretion of the Division.

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 Specifica-tions, and contract forms, before submitting a Proposal. The submission of a Proposal will be considered conclusive evi-dence 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 avail-able to the Division, and is not intended as a substitute for personal investigation, interpretation and judgment of the Bid-ders.

The Division does not warrant the adequacy of boring logs and other records of subsurface investigations, and such in-formation 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 mate-rial between or around test borings. If Bidders use this infor-mation 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 in the Bidder’s discretion and at the Bidder's expense, and upon reasonable notice and request the Division will afford any Bidder this opportunity prior to the public opening of Pro-posals.

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

PREPARATION OF PROPOSAL:

The Bidder shall submit his Proposal upon the forms furnished 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

2.7

2.8

2.9

2.10 by adding the amounts of the several items. All the words and figures shall be in ink or typed. In cases of a discrepancy be-tween 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 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 individ-ual, 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 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 corpora-tion, 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 author-ity to act for the Bidder

(e.g., general partners, corporate officers), that person's au-thority 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 provided on all Proposals when a Social Security number is not pro-vided.

IRREGULAR PROPOSALS:

Proposals (Bids) will be considered irregular and may be re-jected 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, indefi-nite, or ambiguous after application of the rules stated in Section 2.6 for resolving ambiguities.

(c) If the Bidder fails to acknowledge in the Proposal 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 authorized alternative pay items, the mathematical products of the respective unit prices and the estimated quanti-ties, 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 detriment of the Division. There are two types of unbalanced Bids: (1) mathematically unbalanced and, (2) ma-terially unbalanced. The mathematically unbal-anced 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 Bid-der'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 materi-ally unbalanced Bid is a mathematically unbalanced Bid which the Division determines leaves reason-able doubt that award will result in the lowest ulti-mate 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.

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.

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.

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 open-ing of Bids. Withdrawal of Bids may be made either in writ-ing 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

2.12

2.13

2.14

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

PUBLIC OPENING OF PROPOSALS:

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

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. Partici-pants in such collusion will not receive recognition as Bidders for any future work of the Division.

MATERIAL GUARANTY:

The successful Bidder may be required to furnish a complete statement of the origin, composition, and manufacture of ma-terials used in the construction of the work together with sam-ples, which have been tested for conformance with contract provisions.

SECTION 2

BIDDING REQUIREMENTS AND CONDITIONS

3.1

3.2

SECTION 3

AWARD AND EXECUTION OF CONTRACT

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 quanti-ties shown in the Bid Schedule by the unit bid prices, after resolution of any ambiguities according 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 Proposals, to waive any immaterial irregularities (procedural or substantive) in the submission or content of any Proposals, or to advertise for new Proposals, if in the judgment of the awarding authority, the best in-terests 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 person in assess-ing 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 occur 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.

AWARD OF CONTRACT:

If the Contract is awarded, the award will be made within 15 calen-dar days after the opening of Proposals to the lowest Bidder whose Proposal complies with all the requirements prescribed. The success-ful Bidder will be notified in writing of the acceptance of the Pro-posal 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 guaranty will be held until the successful Bidder has provided satisfac-tory Performance Bond. The Proposal guaranty will then be returned immediately to the second lowest Bidder.

The Proposal guaranty will not be returned to the suc-cessful Bidder until the Performance Bond has been fur-nished and the Contract has been executed.

(b) For all other Bidders, the Proposal guaranty will be re-turned promptly after the opening of Bids and verifica-tion of the Proposals.

3.5 BOND AND INSURANCE REQUIREMENTS:

If the Contract involves the payment of more than fifty thousand dol-lars for the construction, erection, repair, maintenance, or improve-ment 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 suf-ficient 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 per-formance of the Contract, and in addition shall provide that if the Contractor or his subcontractors fail to duly pay for any labor, mate-rials, team hire, sustenance, provisions, provender or other supplies used or consumed by such Contractor or his subcontractor in per-formance of the work contracted to be done, the Surety will pay the same in an amount not exceeding the sum specified in the Bond, to-gether 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 Divi-sion, a Certificate of Insurance in the amounts designated in the Con-tract.

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 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 pro-vide 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 sus-tained. Award may then be made to the next lowest responsible Bid-der, 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 Con-tractor 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 Con-tract.

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 physi-cal conditions of an unusual nature, differing mate-rially from those ordinarily encountered and gener-ally 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 condi-tions before the site is disturbed and before the af-fected work is performed.

Upon written notification, the Engineer will investi-gate the conditions, and if the Engineer determines 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 Contractor 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 anticipated profits. The Engineer will notify the Contractor of the determination whether or not an adjustment 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 sus-pended or delayed by the Engineer in writing for an unreasonable period of time (which determination of reasonableness shall be based upon the time originally anticipated as well as the customs and practices of 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 Engineer 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 Engineer will evaluate the Contrac-tor's request. If the Engineer agrees that the cost and/or time required for the performance of the Con-tract 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 sup-pliers, or subcontractors the Engineer will make an adjustment (excluding profit) and modify the Contract in writing accordingly. Weather or climatic condi-tions are not justifiable reasons for contract price ad-justment unless the Division has altered or increased the quantities as defined in subsection 4.2(c) and 4.3 where the extension of contract time has delayed the Contractor 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 Con-tractor 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 un-der any other term or condition of this Contract.

No contract adjustment will be allowed if the suspen-sion 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 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 Con-tract 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 be-come significantly different in character, an adjust-ment, 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 ad-justment will be made either for or against the Con-tractor in such amount as the Engineer may determine to be fair and equitable.

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) Where a major item of work is increased to greater than 125 percent or decreased to less than 75 percent of the original contract quantity. Any adjustment in price for increase or decrease in quantity shall apply only to that portion in excess of 125 percent or less than 75 percent of the origi-nal 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 Engineer. 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 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 Contrac-tor 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 au-thorization from the Engineer.

4.5 FINAL CLEANING UP:

Before final acceptance, the work area and all ground occu-pied 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 Con-tract.

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 or-ders; for periods of unsuitable weather; for conditions unsuit-able for the prosecution of the work, or for any other condi-tion or reason determined to be in the public interest.

5.2 PLANS AND SHOP DRAWINGS:

Plans will show details of construction lines, grades, typical cross sections, location and design of all structures. Only general features will be shown for steel and prestressed con-crete structures.

The Plans shall be supplemented by shop drawings as neces-sary to adequately control the work. Shop drawings may con-sist of drawings, diagrams, illustrations, schedules, calcula-tions, and other data prepared by the Contractor, subcontrac-tor, manufacturer, supplier, or distributor, which will illus-trate 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 submis-sion 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 ap-proval stamp. Shop drawings received directly from fabrica-tors or suppliers or from contractors without Contractor's ap-proval will be returned without action for resubmittal in ac-cordance with the Specifications and these GRC’S.

Six sets of shop drawings shall be submitted to the Engineer.

After checking and review by the Engineer, two sets will be returned for use by the Contractor and the fabricator or sup-plier.

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 Contractor of the obligation to meet all requirements of the Contract and shall not relieve the Contractor of the responsibility 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 submit-tal will not exceed four weeks after shop drawings are re-ceived by the Engineer.

If the Contractor's controlling operations are delayed or inter-fered 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 support-ing 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 requiring shop drawings, will not be accepted until after the shop draw-ings have been approved and the work is in conformance with the drawings and the provisions of the Contract.

The Contractor shall keep one set of Plans and shop drawings 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 conform 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 manner consistent with reasonable and customary manufacturing 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 sub-section 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 pro-vided the correction or replacement does not adversely affect the work.

When the Engineer finds the materials furnished, work per-formed, or the finished product are not in conformity with the Contract and has resulted in an inferior or unsatisfactory product, the work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contrac-tor. 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 essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work.

In case of discrepancy the order of precedence is as follows:

(a) Specifications

(b) Plans

(c) Detailed Plans

(d) Standard Plans

(e) Calculated dimensions will govern over scaled di-mensions

(f) Standard Specifications

(g) GRC’S

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

In the event of any error in or omission from the Contract, the Contractor shall immediately notify the Engineer upon learn-ing 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 nec-essary to facilitate the progress thereof, and shall cooperate with the Engineer, his inspectors, and other contractors 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 understanding the Plans and Specifications and thoroughly experienced in the type of work being performed. The Superintendent shall be fully authorized by the Contractor to re-view and approve estimated pay quantities. Such superintendent shall be furnished regardless of the amount of work sublet. When circumstances dic-tate that the Superintendent cannot physically be at the work site the Contractor shall provide the Engi-neer with a minimum 2 days notice of the method, times and places where the Superintendent can be contacted or alternatively provide an individual who has the authority to act in the Superintendent's absence for the Engineer'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 au-thorized 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 Engineer without delay, and to promptly supply such materials, equipment, tools, labor, and inci-dentals as may be required.

When circumstances dictate that the Project Man-ager cannot be reached at his home office, the Con-tractor shall provide the Engineer with a minimum 2 days notice of the method, times and places where the Project Manager can be contacted or al-ternatively provide an individual who has the au-thority to act in the Project Manager’s absence for the Engineer’s approval.

The Contractor shall designate to the Engineer in writing the names and phone numbers of the…