December 2003 1.D.05.276.N0.384 NB - 1 SPECIAL NOTICE BIDDER'S ATTENTION IS CALLED TO THE FACT THAT NO BID IS COMPLETE WITHOUT THE RETURN OF THIS ENTIRE BOOK WITH THE PAGES IN ORDER. BIDS WILL BE RETURNED UNOPENED IF NOT SUBMITTED PROPERLY SEALED. CONTRACT DOCUMENTS Contract Documents for this Project consist of six volumes and Addenda as follows: Volume 1 - Specifications (Div 0 & 1) Notice Inviting Bids Information for Bidders Instructions for Preparing Bid Bid: Cutoff Wall Main Dam Option Bid: Clay Core Main Dam Option Contract Faithful Performance Bond Labor and Material Bond Notice of Award/Notice to Proceed General Conditions Division 1 – Special Conditions Appendix “A” - Labor Rates Appendix “B” - Owner & USA Contract Appendix “C” - UDOT Highway 87 Relocation Specifications Appendix “D” – 404 Permit Volume 2 - Specifications (Div 2 to 16) Division 2 – Site Work Division 3 – Concrete Division 5 – Metals Division 7 – Thermal and Moisture Protection Division 9 – Finishes Division 11 – Equipment Division 13 – Special Construction Division 15 – Piping Division 16 – Electrical Volume 3 - Drawings See Drawing G-2 for Index of Drawings Volumes 4 & 5 - Geotechnical Investigations Vol. 4, Part I: Big Sand Wash Reservoir Enlargement, Geotechnical Data Report – Part I, Field Explorations, by CH2M HILL Inc., October 2003. Vol. 4, Part II: Big Sand Wash Reservoir Enlargement, Geotechnical Data Report – Part II, Laboratory Test Results, by CH2M HILL Inc., October 2003. Vol. 5: Big Sand Wash Reservoir Enlargement, Geotechnical Baseline Report for Outlet Works, by CH2M HILL Inc., October 2003.
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December 2003 1.D.05.276.N0.384NB - 1
SPECIAL NOTICE
BIDDER'S ATTENTION IS CALLED TO THE FACT THAT NO BID IS COMPLETEWITHOUT THE RETURN OF THIS ENTIRE BOOK WITH THE PAGES IN ORDER.BIDS WILL BE RETURNED UNOPENED IF NOT SUBMITTED PROPERLY SEALED.
CONTRACT DOCUMENTS
Contract Documents for this Project consist of six volumes and Addenda as follows:
Volume 1 - Specifications (Div 0 & 1)
Notice Inviting BidsInformation for BiddersInstructions for Preparing BidBid: Cutoff Wall Main Dam OptionBid: Clay Core Main Dam OptionContractFaithful Performance BondLabor and Material BondNotice of Award/Notice to ProceedGeneral ConditionsDivision 1 – Special ConditionsAppendix “A” - Labor RatesAppendix “B” - Owner & USA ContractAppendix “C” - UDOT Highway 87 Relocation SpecificationsAppendix “D” – 404 Permit
Volume 2 - Specifications (Div 2 to 16)
Division 2 – Site WorkDivision 3 – ConcreteDivision 5 – MetalsDivision 7 – Thermal and Moisture ProtectionDivision 9 – FinishesDivision 11 – EquipmentDivision 13 – Special ConstructionDivision 15 – PipingDivision 16 – Electrical
Volume 3 - Drawings
See Drawing G-2 for Index of Drawings
Volumes 4 & 5 - Geotechnical Investigations
Vol. 4, Part I: Big Sand Wash Reservoir Enlargement, Geotechnical DataReport – Part I, Field Explorations, by CH2M HILL Inc., October 2003.
Vol. 4, Part II: Big Sand Wash Reservoir Enlargement, Geotechnical DataReport – Part II, Laboratory Test Results, by CH2M HILL Inc., October 2003.
Vol. 5: Big Sand Wash Reservoir Enlargement, Geotechnical Baseline Reportfor Outlet Works, by CH2M HILL Inc., October 2003.
December 2003 1.D.05.276.N0.384NB - 2
Addenda
Any Addenda issued by the Central Utah Water Conservancy District during the timeof bidding shall be attached to and become a part of the Contract Documents.
December 2003 1.D.05.276.N0.384NB - 3
NOTICE INVITING BIDS
RECEIPT OF BIDS: Sealed bids will be received at the office of General Manager ofthe Central Utah Water Conservancy District, (the “OWNER” of the work), 355 WestUniversity Parkway, Orem, Utah 84058, until 2:00 p.m. MDT on Wednesday,December 3, 2003, for furnishing plant, materials, labor and performing all work forconstruction of the Big Sand Wash Reservoir Enlargement for the Central Utah WaterConservancy District. The award, if made, will be within sixty (60) days after theopening of bids.
PRE-QUALIFICATION: CONTRACTOR PRE-QUALIFICATION IS REQUIRED BY THEOWNER, and only pre-qualified bidders will be allowed to submit a bid. The PRE-QUALIFICATION STATEMENT must be obtained from the Construction Manager,completed in full and submitted and evaluated and approved by the Owner before abidder can submit a bid.
All prospective Contractors will be advised at least 10 working days ahead of the biddue date if they have been approved to bid on this project. Contractors approved to bidwill be requested to submit sealed bids on this project based on the final specifications.
DESCRIPTION OF WORK: The construction work, in general, consists of furnishingand installing the Big Sand Wash Reservoir Enlargement consisting of raising a maindam and two saddle dams; new reservoir inlet and outlet works, spillway, highwayrelocation and other related work.
SITE OF WORK: The work is located about 18 miles west of Roosevelt, DuchesneCounty, UT along Highway 87.
COMPLETION OF WORK: Work under this contract will begin on or before the tenthday after receiving written Notice to Proceed from the Owner.
The work must be substantially complete by November 30, 2005.
OPENING OF BIDS: The bids will be publicly opened and read aloud at 2:00 p.m. onWednesday, December 3, 2003. Any bid received from a bidder who is not pre-qualified or received after the closing time for receipt of bids will be returned unopened.
OBTAINING CONTRACT DOCUMENTS: The Contract Documents are entitled “BIGSAND WASH RESERVOIR ENLARGEMENT" and contains six volumes.
The Contract Documents will be available after Friday, October 31, 2003, and may beexamined at the following locations:
Office of the Construction ManagerCentral Utah water Conservancy District355 West University ParkwayOrem, Utah 84058-7303
Intermountain Contractor1743 W. AlexanderWest Valley City, Utah 84119(801) 972-4400
Those interested in purchasing individual sets of Contract Documents may obtain allContract Documents from the Construction Manager at the above address. The non-refundable cost for all Volumes of the Contract Documents is $200.00.
December 2003 1.D.05.276.N0.384NB - 4
This Contract is for a Federally Funded Project, and the prevailing rate of wages, asdetermined by the Secretary of Labor in accordance with the Davis-Bacon Act, shall bepaid for each craft or type of workman needed to perform the Contract.
Bidders on this work will be required to comply with the President’s Executive Order No.11246 and to the Equal Employment Opportunity and Labor Standard Provisions. Therequirements for bidders and contractors under this order are explained in theSpecifications.
Neither the United States nor any of its departments, agencies, or employees is or willbe a party to this Notice Inviting Bids or any resulting contracts.
The Contractor shall complete and sign the Affirmative Action Certification as part ofhis bid submittal.
BID SECURITY: Each Bid shall be accompanied by a certified check, cashier’s check,or a bid bond (acceptable to the Owner), in the amount equal to at least ten percent(10%) of the lump sum bid amount, payable without condition to the Owner as aguarantee that the bidder, if awarded the Contract, will promptly execute such Contractin accordance with the Bid and in manner and form required by the ContractDocuments, and will furnish good and sufficient bond for the faithful performance of thesame. The bid securities of the three (3) lowest bidders will be retained until theContract is signed and satisfactory bonds furnished, or other disposition made thereof. The bid securities of all bidders except the three (3) lowest will be promptly returnedafter the canvass of bids.
BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a periodof sixty (60) calendar days from the date of bid opening.
PRE-BID SITE VISIT and PRE-BID CONFERENCE: A mandatory pre-bid conferenceand site visit will be held on Thursday, September 18, 2003 to field review theproposed construction area, which will include a question and answer period. Thismandatory pre-bid conference will start at 10:00 am at the offices of: Central UtahWater Conservancy District – Big Sand Wash Field Office, Milepost 27, Highway87, Upalco, Utah.
The purpose of this meeting will be to clarify the intent of the Plans and Specificationsand to answer any questions bidders and/or suppliers may have on the project. Onlythose bidders who have been pre-qualified and have attended the pre-bidconference will be allowed to submit bids.
PROJECT ADMINISTRATION: All communication related to the WORK shall bedirected to the Construction Manager prior to opening of Bid.
H. Lee Wimmer, P.E., CUPCA Construction ManagerCentral Utah Water Conservancy District355 West University ParkwayOrem, Utah 84058-7303Phone: 801-226-7139FAX: 801-226-7150email: [email protected]
December 2003 1.D.05.276.N0.384NB - 5
OWNER’S RIGHT RESERVED: The Central Utah Water Conservancy District reservesthe right to reject any or all bids, to waive any formality, or technicality in a bid, and tomake award to the lowest responsive, responsible bidder if deemed in the best interestsof the Owner, or the public good; or as being non-responsive to the requirements setforth herein (Information for Bidders), or on the grounds that a prospective Contractoris not qualified.
TENTATIVE PROJECT SCHEDULE: The following is a preliminary schedule and issubject to change:
Prequalification Statement available at the Districtfor pickup by prospective contractors ...............................Friday, August 29, 2003Pre-bid conference and site visit.......... 10:00 am, Thursday, September 18, 2003Prequalification Statement due at District ... 4:00 pm, Tues., September 30, 2003Notification of pre-qualified contractors ........................... Friday, October 3, 200290% Contract documents available ............................... Friday, October 24, 2003Contract documents available ....................................... Friday, October 31, 2003Bid Opening ......................................... 2:00 pm, Wednesday, December 3, 2003Award Date ........................................................... Wednesday, January 28, 2004Notice to Proceed ................................................Wednesday, February 11, 2004Pre-construction meeting .....................................Wednesday, February 11, 2004Start Field Construction ................................................... Monday, March 1, 2004Construction Completion ....................................... Tuesday, November 30, 2005
To be eligible for award each bidder must comply with the affirmative action planrequirements, which are contained in these Specifications and sign a “Certification ofNonsegregated Facilities”.
Central Utah Water Conservancy District
By: Don A. Christiansen
General Manager
December 2003 1.D.05.276.N0.384IB-1
INFORMATION FOR BIDDERS
BID
Prequalification of bidders is required by the Owner and only prequalified bidders willbe allowed to submit Bids. Bids to receive consideration shall be made in accordancewith the following instructions:
Before submitting a bid, prequalified bidders shall carefully examine the Plans, read theSpecifications and the forms of the Contract Documents, visit the site of the work, fullyinform themselves as to all existing conditions and limitations, and shall include sumsin the bid covering the cost of each item included in the Contract.
Bids shall be properly executed upon the Bid attached to and made part of theseContract Documents. Numbers shall be stated both in writing and in figures where sorequired, and the signatures of all persons signing shall be in longhand. The completedforms shall be without interlineations, alterations, or erasures. In case of a differencein written words and figures in a Bid, the amount stated in written words shall governunless obviously in error. No book of Contract documents shall be disassembled.
Bids shall not contain any recapitulation of the work to be done. Alternative Bids, orOption Bids, will not be considered unless called for. No oral, telegraphic, telephonic,or modified Bids will be considered.
Bids shall be delivered to the office of the General Manager of the Central Utah WaterConservancy District at 355 West University Parkway, Orem, Utah 84058 on or beforethe day and hour set for the opening of bids in the Notice Inviting Bids as published.Bids shall be enclosed in a sealed envelope bearing the title of the work and the nameof the bidder. It is the SOLE responsibility of the bidder to see that his bid is receivedin proper time. Any bids received after the scheduled closing time for receipt of bidswill be returned to the bidder unopened.
BID SECURITY
Each Bid shall be accompanied by a certified check, cashier's check, or a bid bondacceptable to the Owner in the amount equal to at least ten percent (10%) of the Bid(lump sum bid amount), payable without condition to the owner as a guarantee that thebidder, if awarded the Contract, will promptly execute such Contract in accordance withthe Bid and in manner and form required by these Contract Documents and will furnishgood and sufficient bond for the faithful performance of the same. The bid securitiesof the three (3) lowest bidders will be retained until the Contract is signed andsatisfactory bonds furnished, or other disposition made thereof. The bid securities ofall bidders except the three (3) lowest will be returned promptly after the canvass ofbids.
WITHDRAWAL OF BID
Any bidder may withdraw his bid, either in person or by telegraphic or written request,at any time prior to the scheduled closing time for receipt of bids.
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CONTRACT AND BONDS
As stated in the Bid, the successful bidder will be required to execute the Contractwithin sixty days after the date of the award of the bid. The successful bidder,simultaneously with the execution of the Contract, will be required to furnish a PaymentBond in an amount equal to one hundred percent (100%) of the Contract price and afaithful Performance Bond in an amount equal to one hundred percent (100%) of theContract price. Said Bonds shall be secured from a surety company which is on theU.S. Department of Treasury's most current list (circular 570) and is authorized totransact business in Utah and is satisfactory to the Owner.
The form of Contract, which the successful bidder as Contractor will be required tofurnish is included in the Contract Documents and should be carefully examined by thebidder. The Contract and the Bonds will be executed in three original counterparts.
Within 96 hours of being notified that he is the successful bidder, the successful biddershall submit to the Owner the preliminary Schedule of Values. Within 90 days from thedate of Notice to Proceed , the successful bidder shall submit the Final Schedule ofValues (refer to Special Conditions Section 010135).
INTERPRETATION OF PLANS AND DOCUMENTS
If any person contemplating submitting a bid for the proposed Contract is in doubt asto the true meaning of any part of the Plans, Specifications, or other proposed Contractdocuments, or finds discrepancies in or omissions from the Plans or Specifications, hemay submit to the Construction Manager a written request for an interpretation orcorrection thereof. The person submitting the request will be responsible for its promptdelivery. Any interpretation or correction of the proposed documents will be made onlyby Addendum duly issued and a copy of such Addendum will be mailed or delivered toeach person receiving a set of such documents. The Owner will not be responsible forany other explanations or interpretations of the proposed documents.
ADDENDA
Any Addenda issued during the time of bidding, forming a part of the documents issuedto the bidder for the preparation of his bid, shall be duly acknowledged and included inthe bid and shall be made a part of the Contract. Failure to acknowledge all theaddenda may cause rejection of the bid.
AWARD OR REJECTION OF BIDS
The Contract will be awarded to the lowest responsive, responsible bidder complyingwith these instructions and with the Notice Inviting Bids. The Owner, however, reservesthe right to accept or reject any or all bids if it may deem it best for the public good, andto waive any informality in the bids received. The award, if made, will be within 60 daysafter the opening of bids.
In selecting the lowest responsive, responsible Bidder, consideration will be given to thegeneral competency of the Bidder for the performance of the work covered by the Bid. Each bidder will be pre-qualified by the Owner. No bid for the work will be accepted
December 2003 1.D.05.276.N0.384IB-3
from a contractor who does not hold a valid, active, Utah Contractor's license in goodstanding applicable to the type of work bid upon at the time of opening bids.
The Owner reserves the right to reject bids for any reason.
BIDDERS INTERESTED IN MORE THAN ONE BID
No person, firm, or corporation shall be allowed to make, file, or to be interested inmore than one (1) bid for the same work unless alternate or optional bids are called for. A person, firm or corporation who has submitted a subBid to a bidder, or who hasquoted prices on materials to a bidder, is not thereby disqualified from submitting asubBid or quoting prices to other bidders.
ASSIGNMENT OF CONTRACT
No assignment by the Contractor of any contract to be entered into thereunder, or anypart thereof, or of funds to be received thereunder by the Contractor, will be recognizedby the owner unless such assignment has had prior approval of the Owner and theSurety has been given due notice of such assignment in writing and has consentedthereto in writing.
SPECIAL NOTICE
Bidders are required to inform themselves fully of the conditions relating to theconstruction and labor under which the work will be or is now being performed, and theContractor must employ, as far as possible, such methods and means in carrying outhis work as will not cause any interruption or interference to any other contractor.
SPECIAL ENVIRONMENTAL CONCERNS
The Big Sand Wash Reservoir Enlargement is in an environmentally delicate area andspecial care will have to be given when working around endangered species of floraand fauna and in close proximity to rivers, streams and springs. Environmentalrestrictions and special procedures are covered in detail within the specifications.
PLANS AND SPECIFICATIONS TO SUCCESSFUL BIDDER
The successful bidder may obtain from the owner ten (10) sets of Plans andSpecifications for this project at no extra cost. Additional sets in excess of ten (10) setsmay be purchased at the costs listed on page NB-3 from the Owner.
TIME OF COMPLETION
Commence work under this Contract on or before the tenth day after receiving writtenNotice to Proceed from the Construction Manager on behalf of the owner andsubstantially complete all work under this Contract by November 30, 2005. At all timesduring the continuance of the Contract prosecute the work with such force andequipment as are sufficient to complete it within the time specified.
December 2003 1.D.05.276.N0.384IB-4
NONPERFORMANCE OF WORK TASKS BY THE CONTRACTOR
Failure, neglect, or refusal to perform work tasks necessary for the completion of thetotal job; to replace defective work; or to repair or resurface, in a manner that isacceptable to the Owner and Construction Manager, public rights-of-way disturbed byhis work which are a nuisance, a hazard, or which impedes or endangers vehiculartraffic and the public, the owner may serve written notice upon the Contractor of hisintention to have the work performed by others. Unless within three (3) days after theservice of such notice, the Contractor has made such arrangement and scheduled theaccomplishment of said work tasks to the satisfaction of the Owner and ConstructionManager, the Owner will proceed to have the work accomplished by others and deductthe costs thereof from amounts due the Contractor.
PRE-BID CONFERENCE
A mandatory pre-bid conference will be held at the offices of the Central Utah WaterConservancy District at Big Sand Wash Field Office, Milepost 27, Highway 87,Upalco, UT on Thursday, September 18, 2003 at 10:00 a.m. The purpose of thisconference will be to address questions and clarify the intent of the Plans andSpecifications. Only those bidders who have been pre-qualified and have attended thepre-bid conference will be allowed to submit Bids.
Should you desire clarification prior to submitting your bid, please call H. Lee Wimmer,P.E., CUPCA Construction Manager, Central Utah Water Conservancy District,Telephone No. (801) 226-7139.
The Owner shall not be held responsible for any oral instructions. Any changes to theContract Documents will be in the form of an Addendum which will be furnished to allplan holders. Any prequalified bidder not attending this conference will not be allowedto submit a bid on this project.
PERMITS AND LICENSES
Obtain all necessary permits and licenses for the construction of the project in publicroadways and rights-of-way. Provide all necessary bonds for the construction andconstruction guarantee of the work constructed under this project. Plans of the projecthave been filed with Duchesne County and UDOT Region 3. The bidder shall contactthese agencies and comply with their permit and bonding requirements.
INSURANCE
Be aware of the requirement for "All Risk" Insurance required by these ContractDocuments under General Conditions Section 3-3.
PARTNERING
The Owner intends to encourage the formation of a partnering relationship among theOwner, Contractor and his subcontractors, Design Engineer, and the ConstructionManager. This partnering relationship will be structured to draw on the strengths ofeach organization to identify and achieve reciprocal goals. The objective is effectiveand efficient contract performance in order to achieve completion within budget, on
December 2003 1.D.05.276.N0.384IB-5
schedule and in accordance with plans and specifications. Participation in thispartnering relationship will be totally voluntary. All costs associated with each party’sparticipation in the partnering relationship shall be borne exclusively by the partyincurring the cost and no change in contract price or other claim against the Ownershall be made to recover these expenses.
Partnering will include a one-day workshop held at the beginning of the project whichwill be attended by personnel from the Owner, Contractor and his subcontractors,Design Engineer, and Construction Manager who will work together to establish apartnering charter and a communication framework.
The Contractor, by submission of this Bid, indicates its willingness and intent to entervoluntarily into a partnering relationship with the Owner, to support the partnering effortand to Work in an open and amicable environment throughout the project with theOwner and Construction Manager.
December 2003 1.D.05.276.N0.384IPP-1
INSTRUCTIONS FOR PREPARING BID
LUMP SUM BID
Payment for all work performed under this Contract will be on a lump sum basis. Payment for the lump sum price, as stated in the Contractor’s Bid, for the completedwork will be compensation in full for the furnishing of all overhead, labor, materials,devices, equipment, and appurtenances included in the work as are necessary tocomplete the total work under this Contract in a good, neat, and satisfactory manneras indicated on the Plans, as described in the Specifications, and as otherwise impliedor required to fulfill the objective of the work. Each item, fixture, piece of equipment,work, etc., as indicated on the Plans, or specified anywhere in these Documents, shallbe completed with all necessary connections and appurtenances for the satisfactoryuse and operation of said item, and the total system or systems.
Any and all patents and license fees for the right to use equipment or processesincluded in this Contract shall be included in the lump sum bid price. Submit to theConstruction Manager an itemized list of all such fees, indicating the amount of eachand to whom paid.
Cost of painting, testing, and other incidental operations, profit, and overhead cost,including the cost of supervision, temporary field offices, move-in, move-out, insurance,taxes, equipment not a permanent part of the job, and other incidental items, shall beincluded in the lump sum bid price.
The “Lump Sum Bid Price in Words” and “Lump Sum Bid Price in Figures” must befilled out by the bidder. In case of any discrepancy between the “Lump Sum Bid Pricein Figures”, and the “Lump Sum Bid Price in Words”, as written or corrected, the “LumpSum Bid Price in Words” will be presumed to be correct unless obviously in error, andwill be considered as the Contractor’s correct and intended bid. Bid prices must beentered for each alternate shown in the Bid.
Owner Option: Project With Cutoff Wall Main Dam Option or Project With ClayCore Main Dam Option. The contract documents detail the project with two main damraise options: a Cutoff Wall Main Dam Option and a Clay Core Main Dam Option.There are also two bid forms, one for the Project with the Cutoff Wall Main Dam Optionand the other for the Project with the Clay Core Main Dam Option. The Contractor maybid on either option, or both. If both options are being bid, both bid forms shall beentirely filled out. The Owner reserves the right to award the work to the lowestresponsive, responsible bidder on the Project with the Cutoff Wall Main Dam Option orto the lowest responsive, responsible bidder for the Project with the Clay Core MainDam Option.
If the bidder proposes an alternate manufacturer that has not been named in theSpecifications under the item to be designated, the bidder shall, if requested, submitdata to the Construction Manager for review after the bidding and before the Award ofthe Contract. The equipment proposed to be furnished by the bidder from an alternatemanufacturer shall conform to the specific requirements of the bid item, and any oneof the specified manufacturers’ items shall serve as a standard of quality for the item.
If the equipment proposed to be furnished by the bidder from an alternate manufacturerdoes not and/or cannot be made, in the opinion of the Construction Manager, toconform to the requirements of these Specifications, then the bidder shall furnish the
December 2003 1.D.05.276.N0.384IPP-2
equipment of a manufacturer that does meet these requirements at no extra cost to theOwner.
The Owner may require additional detailed information regarding the equipment whichthe bidder proposes for certain bid items. If this additional information is requestedfrom the bidder, it shall be furnished in complete detail before the Award of theContract. The information must be in sufficient detail so that the Construction Managercan evaluate the bidder’s Bid on the items.
All specific requirements of the Specifications shall be adhered to, and all necessarymodifications shall be made in the article specified by trade name, type, or model ofmanufacturer’s equipment to make it conform to all specific requirements of theSpecifications.
If certain designated manufacturer’s, or alternate manufacturer’s items require changesin the work and materials, then the price stated in the Bid for the item shall include allchanges in work and materials that are affected, such as electrical equipment, electricalwiring, piping, valves, etc.
In cases where an item is not listed under designated items of equipment in the Bid,and where material or equipment is designated on the Plans or in the Specifications bya trade or manufacturer’s name, it is so designated primarily to establish standards ofquality, finish, appearance, and performance. It is not the intent to limit the choice ofmaterials and equipment to the specific product designated. Requests relative tosubstitutions permitted under the conditions provided by this paragraph for materialsor equipment specifically designated on the Plans or in the Specifications shall bemade in writing, after Award of the Construction Contract, and such requests shall beaccompanied by complete data on which the Construction Manager can make adetermination on the merits of the proposed substitution. The written request shall statehow the product proposed for substitution compares with or differs from the designatedproduct in composition, size, arrangement, performance, etc., and, in addition, therequest shall be accompanied by documentary evidence of equality in price anddelivery or evidence of difference in price or delivery. Data on price shall be in the formof certified quotations from suppliers of both the designated and proposed items. Allitems accepted for substitution shall be subject to all applicable provision of theSpecifications.
Bids shall not contain any recapitulation of the work to be done. Alternative bid itemswill not be considered unless called for. No oral or telephonic modifications of Bids willbe considered.
If anyone is in doubt as to the true meaning of any part of the Plans, Specifications, orother portions of the Contract Documents, or finds discrepancies in, or omissions fromthe Plans or Specifications, he may submit to the Construction Manager a request foran interpretation or correction thereof. The person submitting the request will beresponsible for its prompt delivery. Any interpretation or correction of the ContractDocuments will be made only by an Addendum duly issued and a copy of suchAddendum will be mailed or delivered to each person receiving a set of suchDocuments. The Owner will not be responsible for any other explanation orinterpretations of the Documents.
If the Bid is made by an individual, it shall be signed and his full name and addressshall be given; if it is made by a firm, it shall be signed with the co-partnership name bya member of the firm, who shall also sign his own name, and the name and address
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of each member shall be given; and if it is made by a corporation, the name of thecorporation shall be signed by its duly authorized officer, or officers.
If the Bid is made by a joint venture, a signed and executed copy of the jointventure agreement shall be attached with the bid and shall include the names andaddresses of each party to the joint venture and their duly authorized officersexecuting the joint venture agreement.
December 2003 1.D.05.276.N0.384B1-1
BID CUTOFF WALL MAIN DAM OPTION
Place: _______________________________
Date: ________________________________
Re: Big Sand Wash Reservoir Enlargement
General ManagerCentral Utah Water Conservancy District335 West 1300 SouthOrem, Utah 84058
In compliance with your invitation for bids and all conditions of the Contract Documents,
the undersigned _______________________________________________________
a corporation organized under the laws of the State of ____________________________
a partnership consisting of _________________________________________________
________________________________________________________________________
________________________________________________________________________
or individual trading as ____________________________________________________
_______________________________________________________________________
of the City of _______________________________________ , hereby proposes andagrees to furnish any and all materials, labor, construction equipment, services,transportation and other items as required for performing all work for the constructiondescribed in the NOTICE INVITING BIDS and to construct the same and install the materialtherein for the Owner in a good and workmanlike and substantial manner acceptable to theOwner, through its Construction Manager, or his properly authorized agents, and strictlypursuant to and in conformity with the Specifications and Plans prepared by the DesignEngineer for the Owner, and with such modification of the same and other documents thatmay be made by the Owner through its Construction Manager or his properly authorizedagents, as provided herein, at the followings sum prices for the work described:
________________________________________________________________________(Lump Sum Bid Price in Written Words)
________________________________________________________________________
________________________________________________________________________
_________________________________Dollars and ________________________ Cents
________________________________________________________________________(Lump Sum Bid Price in Figures)
December 2003 1.D.05.276.N0.384B1-2
The Contractor is responsible for his own quantity takeoffs from the information in thecontract documents However, the items of work listed below have quantities specifiedwhich the Contractor shall use in his bid. For these items, the Construction Manager willdecide when it is necessary to add or delete work from the specified quantities at theContractor’s unit price set forth in his Detailed Schedule of Values (see Section 01315).
SPECIFIED WORK QUANTITIES IN LUMP SUM BID – CUTOFF WALL OPTION
Due to the difficulty in quantifying the amounts of the following work items on this project,the Contractor is directed to use in his bid the quantities listed below for these work items:
CUTOFF WALL OPTION
Item Unit Quantity
Foundation Formation Excavation 1) CY 130,000
Dental Concrete 2) CY 850
Drilling of Grout Holes 3) FT 3,140
Cement for Grouting 4) SACK 2,400
1) Foundation formation excavation will be excavation of foundation formation wherefoundation formation is as defined in Section 02201, EARTHWORK. The estimate is basedon 2 feet of foundation formation excavation underneath the footprint of the newembankments, and an additional 3 feet of excavation into foundation formation at the corecontact area of the saddle dams and west dike.
2) Shotcrete may be used at some locations instead of dental concrete as approved by theConstruction Manager. This quantity include use of either shotcrete or dental concrete.
3) Grout hole drilling length is for holes shown on Drawings, and includes roughly anadditional 10 percent tertiary holes not shown in center row of grout curtain.
4) Cement for grouting is measured by sack successfully injected, waste excluded. A sackis assumed to weigh 94 pounds.
The Contractor’s lump sum bid shall also include the following costs:
• $18,058.00 for Moon Lake Electric to provide permanent electrical service and meter(s).• $ for Moon Lake Electric to relocate their power line for the Hwy 87 Relocation.• $ for Uinta Basin Telephone to relocate their lines for the Hwy 87 Relocation.• $ for Upper Country Water District to relocate their line for the Hwy 87 Relocation.
The undersigned hereby declares that he has visited the site and has carefully examinedthe Contract Documents, consisting of six volumes, relating to the work covered by theabove bid or bids.
The Bid Security (Certified Check, Cashier's Check, or Bid Bond) attached, payable to theOwner in the sum of not less than ten percent (10%) of the lump sum base bid for the
December 2003 1.D.05.276.N0.384B1-3
complete project, is to become the property of the Owner in the event the Contract andBonds are not executed within the time set forth, as liquidated damages for the delay andadditional work caused thereby.
The project shall be completed by November 30, 2005. The amounts of liquidateddamages are stated in Section 01031 of the Special Conditions.
The undersigned hereby declares, as bidder, that the only persons or parties interested inthis BID as principals are those named herein; that no elected official or employee of theOwner is in any manner interested directly or indirectly in this Bid or in the profits to bederived from the Contract proposed to be taken, other than as permitted by law; that thisbid is made without any connection with any other person or persons making a separatebid for the same purpose; that the bid is in all respects fair and without collusion or fraud;that he has read the Notice Inviting Bids and the Information For Bidders hereto attached,and agrees to all the stipulations contained therein; that he has examined the form of Contract attached hereto, and the Specifications, and he proposes and agrees that if hisbid as submitted, and as more fully described in the attached sheets, be accepted, thebidder will contract in the form so attached to furnish the items and perform work called forin accordance with the provisions of said form of Contract and the Specifications and todeliver the same within the time stipulated therein; and that he will accept in full payment,therefore, the prices named in this Bid.
The bidder further agrees that, upon receipt of written notice of the acceptance of this Bid,within 30 calendar days after the date of opening of the bids, he will execute the Contractin accordance with the Bid as accepted and furnish the required bonds; and that upon hisfailure or refusal to do so within said time, then the certified or cashier's check or bid bondaccompanying this bid shall be cashed or enforced and the money payable pursuantthereto shall be forfeited to and become the property of the Owner as liquidated damagesfor such failure or refusal; provided, that if said bidder shall execute the Contract andfurnish the required bonds within the aforesaid time, his certified or cashier's check, iffurnished, shall be returned to him within 3 days thereafter, and the bid bond, if furnished,shall become void.
Bidder is cautioned to read carefully the Information For Bidders Section of these ContractDocuments and the Instructions For Preparing Bid relating to what is to be furnished undereach item of the Bid and to submittal of bid.
Bidder understands and agrees that the Owner reserves the right to reject any or all bidsand to waive any informalities in the bidding.
The bidder agrees that this bid shall be good and may not be withdrawn for a period of60 calendar days after the scheduled closing time for receiving bids.
December 2003 1.D.05.276.N0.384B1-4
Bidder acknowledges receipt of the following Addenda:
________________________________________________________________________
Respectfully submitted,
__________________________________
__________________________________Bidder
(corporate Seal)If bid is by corporation By _______________________________
__________________________________Title
________________________________ Bidder's post office address:Witness: if bidder is an individual
__________________________________
Names and address of all members of the firm ornames and titles of all officers of the corporation. _______________________________
Name and Title Address
________________________________ __________________________________
_______________________________ _________________________________
_______________________________ _________________________________
_______________________________ _________________________________
Phone: ____________________________
SEAL
December 2003 1.D.05.276.N0.384B1-5
SEGREGATED FACILITIES CERTIFICATION
The Contractor certifies that he does not and will not maintain any facilities he providesfor his employees in a segregated manner, or permit his employees to perform theirservices at any location under his control where segregated facilities are maintained; andthen he will obtain a certification similar to this one, prior to the award of any nonexemptsubcontracts.
As used in this certification, the term "segregated facilities" means any waiting rooms,work areas, rest rooms and wash rooms, restaurants, and other eating areas, time clocks,locker rooms and other storage or dressing areas, parking lots, drinking fountains,recreation or entertainment areas, transportation, and housing facilities provided foremployees which are segregated by explicit directive or are in fact segregated on the basisof race, creed, color, or national origin, because of habit, local custom, or otherwise. TheFederally-assisted construction contractor agrees that (except where he has obtainedidentical certifications from proposed subcontractor from specific time periods) he willobtain identical certifications from proposed subcontractors prior to the award ofsubcontracts exceeding $10,000 which are not exempt from the provisions of the EqualOpportunity clause, and that he will retain such certifications in his files.
__________________________________ _________________________________ Signature Date
__________________________________ _________________________________ Name and Title of Signer (Please Type)
NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
December 2003 1.D.05.276.N0.384B1-6
AFFIRMATIVE ACTION REQUIREMENTS
Affirmative action requirements as contained in Executive Order 11246 are included inSpecial Conditions Exhibits A and B of Appendix “B”, Owner & USA Contract.
Policy Statement - It is the policy of the Central Utah Water Conservancy District thatDisadvantaged Business Enterprises as defined herein shall have the maximumopportunity to participate in the performance of contracts financed in whole or in part withFederal funds under this agreement.
Obligations - The Contractor agrees to be sure that Disadvantaged Business Enterprisesas defined herein have the maximum opportunity to participate in the performance ofcontracts and subcontracts financed in whole or in part with Federal funds provided underthis agreement. In this regard all Contractors shall take all necessary and reasonablesteps in accordance with this Special provision to be sure that Disadvantaged BusinessEnterprises (DBE) have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race, color, national origin, or sex in theaward and performance of contracts.
A. Bidding Requirements
1. For a bid to be considered responsive, the bidder(s) shall sign and submit theCertification of Affirmative Action, which is included as Part (E) of this SpecialProvision certifying that they have taken all necessary and reasonable stepsto allow DBE firms to compete and perform subcontracts.
2. Bidders, who will sublet work under this contract, are required to include thefollowing affirmative action information with the bid proposal:
a. Procedures which have been adopted to identify and contactdisadvantaged business enterprises.
b. Response of DBE firms to solicitations.
c. Anticipated awards to disadvantaged business enterprises.
B. Affirmative Action Requirements
1. In the solicitation of subcontractors and suppliers under this contract, priorto bidding or entering into any commitments for subcontracting or forpurchase of supplies and materials or for leasing equipment, the contractorshall make timely contact with potential minority business enterprises toaffirmatively solicit their interest, capability, and prices and shall documentthe results of such contacts per Subpart (A).
C. Definitions
For the purpose of this Special provision, the following terms are defined:
1. Affirmative Action. “Affirmative action” means taking specific steps toeliminate discrimination and its effects, to ensure nondiscriminatory resultsand practices in the future, and to involve Disadvantaged BusinessEnterprises fully in subcontracts.
December 2003 1.D.05.276.N0.384B1-7
2. Disadvantaged Business Enterprise (DBE). A small business concern, asdefined pursuant to Section 3 of the Small Business Act and relevantregulations promulgated thereto, subject however to a limitation of$14,000,000 in average annual gross receipts, which is owned and controlledby one or more socially and economically disadvantaged individuals who arecitizens or lawfully admitted permanent residents of the United States.
3. Disadvantaged. Means a person who is a citizen or lawful permanentresident of the U. S. and who is:
a. Native Americans - persons who are American Indians, Eskimos,Aleuts, Native Hawaiians; or
b. Asian-Pacific Americans - persons having origins from Japan, China,Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa,Guam, the U. S. Territories of the Pacific, and the Northern Marianas;or
c. Hispanic Americans - persons of Mexican, Puerto Rican, Cuban,Portuguese-Americans, Central or South American or other Spanishculture or origin, regardless of race; or
d. Black Americans - persons having origins in any of the black racialgroups of Africa; or
e. Asian - Indian Americans - persons whose origins are from India,Pakistan, and Bangladesh;
f. Individuals who are found to be disadvantaged by the Small BusinessAdministration pursuant to Section 8(a) of the Small Business Act.
g. Women within the qualifications set forth in STURAA 1987.
4. DBE Owned and Controlled. Means a business which is at least 51 percentowned by one or more disadvantaged persons or, in the case of a publiclyowned business, at least 51 percent of the stock of which is owned by oneor more disadvantaged persons and whose management and daily businessoperations are controlled by one or more such individuals. Thedisadvantaged owners shall enjoy the customary incidents of ownership andshall share in the risks and profits commensurate with their ownershipinterests, as demonstrated by an examination of the substance rather thanform of arrangements.
D. Certification Of Affirmative Action
The undersigned hereby certifies that he/she has read and understands thecontents of the Special Provision. I hereby inform the Central Utah WaterConservancy District: CHECK ONLY ONE
[ ] Does not intend to sublet a portion of the contract work.
[ ] Intends to sublet a portion of the contract work and that my firm has takenaffirmative action to allow disadvantaged business enterprises to competefor and perform on subcontracts. Contacts made with potential DBE firms
December 2003 1.D.05.276.N0.384B1-8
regarding work to be performed under this contract and the results of suchcontracts are as follows:
Name Result of Contact Award ?Yes or No
1.
2.
3.
4.
etc.
NOTE: If needed, attach additional sheet(s) with subcontractor results anddocumentation.
_____________________________________ Company Name
Date: ___________________ _____________________________________ Authorized Representative
_____________________________________ Title
FAILURE TO SIGN AND SUBMIT THIS CERTIFICATION OR SUBMISSION OF AFALSE OR INCOMPLETE CERTIFICATION SHALL RENDER A BID NON-RESPONSIVE.
December 2003 1.D.05.276.N0.384B2-1
BID CLAY CORE MAIN DAM OPTION
Place: _______________________________
Date: ________________________________
Re: Big Sand Wash Reservoir Enlargement
General ManagerCentral Utah Water Conservancy District335 West 1300 SouthOrem, Utah 84058
In compliance with your invitation for bids and all conditions of the Contract Documents,
the undersigned _______________________________________________________
a corporation organized under the laws of the State of ____________________________
a partnership consisting of _________________________________________________
________________________________________________________________________
________________________________________________________________________
or individual trading as ____________________________________________________
_______________________________________________________________________
of the City of _______________________________________ , hereby proposes andagrees to furnish any and all materials, labor, construction equipment, services,transportation and other items as required for performing all work for the constructiondescribed in the NOTICE INVITING BIDS and to construct the same and install thematerial therein for the Owner in a good and workmanlike and substantial manneracceptable to the Owner, through its Construction Manager, or his properly authorizedagents, and strictly pursuant to and in conformity with the Specifications and Plansprepared by the Design Engineer for the Owner, and with such modification of the sameand other documents that may be made by the Owner through its Construction Manageror his properly authorized agents, as provided herein, at the followings sum prices for thework described:
________________________________________________________________________(Lump Sum Bid Price in Written Words)
________________________________________________________________________
________________________________________________________________________
_________________________________Dollars and ________________________ Cents
________________________________________________________________________(Lump Sum Bid Price in Figures)
December 2003 1.D.05.276.N0.384B2-2
The Contractor is responsible for his own quantity takeoffs from the information in thecontract documents However, the items of work listed below have quantities specifiedwhich the Contractor shall use in his bid. For these items, the Construction Manager willdecide when it is necessary to add or delete work from the specified quantities at theContractor’s unit price set forth in his Detailed Schedule of Values (see Section 01315).
SPECIFIED WORK QUANTITIES IN LUMP SUM BID – CLAY CORE OPTION
Due to the difficulty in quantifying the amounts of the following work items on this project,the Contractor is directed to use in his bid the quantities listed below for these work items:
CLAY CORE OPTION
Item Unit Quantity
Foundation Rock Excavation 1) CY 140,000
Dental Concrete 2) CY 1,000
Drilling of Grout Holes 3) FT 50,900
Cement for Grouting 4) SACK 38,200
1) Foundation formation excavation will be excavation of foundation formation wherefoundation formation is as defined in Section 02201, EARTHWORK. The estimate is basedon 2 feet of foundation formation excavation underneath the footprint of the newembankments, and an additional 3 feet of excavation into foundation formation at the corecontact areas.
2) Shotcrete may be used at some locations instead of dental concrete as approved by theConstruction Manager. This quantity include use of either shotcrete or dental concrete.
3) Cement for grouting is measured by sack successfully injected, waste excluded. A sackis assumed to weigh 94 pounds.
4) Grout hole drilling length is for holes shown on Drawings, and includes roughly anadditional 10 percent tertiary holes not shown in center row of grout curtain.
The Contractor’s lump sum bid shall also include the following costs:
• $18,058.00 for Moon Lake Electric to provide permanent electrical service and meter(s).• $ for Moon Lake Electric to relocate their power line for the Hwy 87 Relocation.• $ for Uinta Basin Telephone to relocate their lines for the Hwy 87 Relocation.• $ for Upper Country Water District to relocate their line for the Hwy 87 Relocation.
The undersigned hereby declares that he has visited the site and has carefully examinedthe Contract Documents, consisting of six volumes, relating to the work covered by theabove bid or bids.
The Bid Security (Certified Check, Cashier's Check, or Bid Bond) attached, payable to theOwner in the sum of not less than ten percent (10%) of the lump sum base bid for the
December 2003 1.D.05.276.N0.384B2-3
complete project, is to become the property of the Owner in the event the Contract andBonds are not executed within the time set forth, as liquidated damages for the delay andadditional work caused thereby.
The project shall be completed by November 30, 2005. The amounts of liquidateddamages are stated in Section 01031 of the Special Conditions.
The undersigned hereby declares, as bidder, that the only persons or parties interested inthis BID as principals are those named herein; that no elected official or employee of theOwner is in any manner interested directly or indirectly in this Bid or in the profits to bederived from the Contract proposed to be taken, other than as permitted by law; that thisbid is made without any connection with any other person or persons making a separatebid for the same purpose; that the bid is in all respects fair and without collusion or fraud;that he has read the Notice Inviting Bids and the Information For Bidders hereto attached,and agrees to all the stipulations contained therein; that he has examined the form of Contract attached hereto, and the Specifications, and he proposes and agrees that if hisbid as submitted, and as more fully described in the attached sheets, be accepted, thebidder will contract in the form so attached to furnish the items and perform work called forin accordance with the provisions of said form of Contract and the Specifications and todeliver the same within the time stipulated therein; and that he will accept in full payment,therefore, the prices named in this Bid.
The bidder further agrees that, upon receipt of written notice of the acceptance of this Bid,within 30 calendar days after the date of opening of the bids, he will execute the Contractin accordance with the Bid as accepted and furnish the required bonds; and that upon hisfailure or refusal to do so within said time, then the certified or cashier's check or bid bondaccompanying this bid shall be cashed or enforced and the money payable pursuantthereto shall be forfeited to and become the property of the Owner as liquidated damagesfor such failure or refusal; provided, that if said bidder shall execute the Contract andfurnish the required bonds within the aforesaid time, his certified or cashier's check, iffurnished, shall be returned to him within 3 days thereafter, and the bid bond, if furnished,shall become void.
Bidder is cautioned to read carefully the Information For Bidders Section of these ContractDocuments and the Instructions For Preparing Bid relating to what is to be furnished undereach item of the Bid and to submittal of bid.
Bidder understands and agrees that the Owner reserves the right to reject any or all bidsand to waive any informalities in the bidding.
The bidder agrees that this bid shall be good and may not be withdrawn for a period of60 calendar days after the scheduled closing time for receiving bids.
December 2003 1.D.05.276.N0.384B2-4
Bidder acknowledges receipt of the following Addenda:
________________________________________________________________________
Respectfully submitted,
__________________________________
__________________________________Bidder
(corporate Seal)If bid is by corporation By _______________________________
__________________________________Title
________________________________ Bidder's post office address:Witness: if bidder is an individual
__________________________________
Names and address of all members of the firm ornames and titles of all officers of the corporation. _______________________________
Name and Title Address
________________________________ __________________________________
_______________________________ _________________________________
_______________________________ _________________________________
_______________________________ _________________________________
Phone: ____________________________
SEAL
December 2003 1.D.05.276.N0.384B2-5
SEGREGATED FACILITIES CERTIFICATION
The Contractor certifies that he does not and will not maintain any facilities he providesfor his employees in a segregated manner, or permit his employees to perform theirservices at any location under his control where segregated facilities are maintained; andthen he will obtain a certification similar to this one, prior to the award of any nonexemptsubcontracts.
As used in this certification, the term "segregated facilities" means any waiting rooms,work areas, rest rooms and wash rooms, restaurants, and other eating areas, time clocks,locker rooms and other storage or dressing areas, parking lots, drinking fountains,recreation or entertainment areas, transportation, and housing facilities provided foremployees which are segregated by explicit directive or are in fact segregated on the basisof race, creed, color, or national origin, because of habit, local custom, or otherwise. TheFederally-assisted construction contractor agrees that (except where he has obtainedidentical certifications from proposed subcontractor from specific time periods) he willobtain identical certifications from proposed subcontractors prior to the award ofsubcontracts exceeding $10,000 which are not exempt from the provisions of the EqualOpportunity clause, and that he will retain such certifications in his files.
__________________________________ _________________________________ Signature Date
__________________________________ _________________________________ Name and Title of Signer (Please Type)
NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
December 2003 1.D.05.276.N0.384B2-6
AFFIRMATIVE ACTION REQUIREMENTS
Affirmative action requirements as contained in Executive Order 11246 are included inSpecial Conditions Exhibits A and B of Appendix “B”, Owner & USA Contract.
Policy Statement - It is the policy of the Central Utah Water Conservancy District thatDisadvantaged Business Enterprises as defined herein shall have the maximumopportunity to participate in the performance of contracts financed in whole or in part withFederal funds under this agreement.
Obligations - The Contractor agrees to be sure that Disadvantaged Business Enterprisesas defined herein have the maximum opportunity to participate in the performance ofcontracts and subcontracts financed in whole or in part with Federal funds provided underthis agreement. In this regard all Contractors shall take all necessary and reasonablesteps in accordance with this Special provision to be sure that Disadvantaged BusinessEnterprises (DBE) have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race, color, national origin, or sex in theaward and performance of contracts.
A. Bidding Requirements
2. For a bid to be considered responsive, the bidder(s) shall sign and submit theCertification of Affirmative Action, which is included as Part (E) of this SpecialProvision certifying that they have taken all necessary and reasonable stepsto allow DBE firms to compete and perform subcontracts.
2. Bidders, who will sublet work under this contract, are required to include thefollowing affirmative action information with the bid proposal:
a. Procedures which have been adopted to identify and contactdisadvantaged business enterprises.
b. Response of DBE firms to solicitations.
c. Anticipated awards to disadvantaged business enterprises.
B. Affirmative Action Requirements
1. In the solicitation of subcontractors and suppliers under this contract, priorto bidding or entering into any commitments for subcontracting or forpurchase of supplies and materials or for leasing equipment, the contractorshall make timely contact with potential minority business enterprises toaffirmatively solicit their interest, capability, and prices and shall documentthe results of such contacts per Subpart (A).
C. Definitions
For the purpose of this Special provision, the following terms are defined:
1. Affirmative Action. “Affirmative action” means taking specific steps toeliminate discrimination and its effects, to ensure nondiscriminatory resultsand practices in the future, and to involve Disadvantaged BusinessEnterprises fully in subcontracts.
December 2003 1.D.05.276.N0.384B2-7
2. Disadvantaged Business Enterprise (DBE). A small business concern, asdefined pursuant to Section 3 of the Small Business Act and relevantregulations promulgated thereto, subject however to a limitation of$14,000,000 in average annual gross receipts, which is owned and controlledby one or more socially and economically disadvantaged individuals who arecitizens or lawfully admitted permanent residents of the United States.
3. Disadvantaged. Means a person who is a citizen or lawful permanentresident of the U. S. and who is:
a. Native Americans - persons who are American Indians, Eskimos,Aleuts, Native Hawaiians; or
b. Asian-Pacific Americans - persons having origins from Japan, China,Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa,Guam, the U. S. Territories of the Pacific, and the Northern Marianas;or
c. Hispanic Americans - persons of Mexican, Puerto Rican, Cuban,Portuguese-Americans, Central or South American or other Spanishculture or origin, regardless of race; or
d. Black Americans - persons having origins in any of the black racialgroups of Africa; or
e. Asian - Indian Americans - persons whose origins are from India,Pakistan, and Bangladesh;
f. Individuals who are found to be disadvantaged by the Small BusinessAdministration pursuant to Section 8(a) of the Small Business Act.
g. Women within the qualifications set forth in STURAA 1987.
4. DBE Owned and Controlled. Means a business which is at least 51 percentowned by one or more disadvantaged persons or, in the case of a publiclyowned business, at least 51 percent of the stock of which is owned by oneor more disadvantaged persons and whose management and daily businessoperations are controlled by one or more such individuals. Thedisadvantaged owners shall enjoy the customary incidents of ownership andshall share in the risks and profits commensurate with their ownershipinterests, as demonstrated by an examination of the substance rather thanform of arrangements.
D. Certification Of Affirmative Action
The undersigned hereby certifies that he/she has read and understands thecontents of the Special Provision. I hereby inform the Central Utah WaterConservancy District: CHECK ONLY ONE
[ ] Does not intend to sublet a portion of the contract work.
[ ] Intends to sublet a portion of the contract work and that my firm has takenaffirmative action to allow disadvantaged business enterprises to competefor and perform on subcontracts. Contacts made with potential DBE firms
December 2003 1.D.05.276.N0.384B2-8
regarding work to be performed under this contract and the results of suchcontracts are as follows:
Name Result of Contact Award ?Yes or No
1.
2.
3.
4.
etc.
NOTE: If needed, attach additional sheet(s) with subcontractor results anddocumentation.
_____________________________________ Company Name
Date: ___________________ _____________________________________ Authorized Representative
_____________________________________ Title
FAILURE TO SIGN AND SUBMIT THIS CERTIFICATION OR SUBMISSION OF AFALSE OR INCOMPLETE CERTIFICATION SHALL RENDER A BID NON-RESPONSIVE.
December 2003 1.D.05.276.N0.384AG-1
CONTRACT
THIS CONTRACT, made and entered into this ____ day of ______, _____, by, andbetween the Central Utah Water Conservancy District, hereinafter called "Owner", and
_______________________________________________hereinafter called "Contractor".
WITNESSETH, that the parties hereto do mutually agree as follows:
ARTICLE I: For and in consideration of the payments and agreements hereinaftermentioned to be made and performed by said Owner, said Contractor agrees with saidOwner to perform and complete in a workmanlike manner all work required under the Bidof said Owner's Specifications entitled
BIG SAND WASH RESERVOIR ENLARGEMENT
in accordance with the Specifications and drawings therefore, to furnish at his ownexpense all labor, materials, equipment, tools, and services necessary therefore, exceptsuch materials, equipment, and services as may be stipulated in said Specifications to befurnished by said Owner, and to do everything required by this Contract and saidSpecifications and drawings.
ARTICLE II: For furnishing all said labor, materials, equipment, tools, and services,furnishing and removing all plant, temporary structures, tools, and equipment, and doingeverything required by this Contract and the said Specifications and drawings; also for allloss and damage arising out of the nature of the work aforesaid, or from the action of theelements, or from any unforeseen difficulties which may arise during the prosecution of thework until its acceptance by said Owner, and for all risks of every description connectedwith the work, also for all expenses resulting from the suspension or discontinuance ofwork, except as in the said Specifications are expressly stipulated to be borne by saidOwner; and for completing the work in accordance with the requirements of saidSpecifications and drawings, said Owner will pay and the Contractor will receive, in full
compensation therefore, the price of________________________________________,as contained in the Bid of the above named contractor submitted to the District under date
of __________________________a copy of which is attached hereto and incorporatedherein by reference. The amounts of liquidated damages are set in Section 01031 of theSpecial Conditions of the Specifications.
ARTICLE III: The Owner hereby employs said Contractor to perform the work accordingto the terms of this Contract for the above-mentioned price(s), and agrees to pay the sameat the time, in the manner, and upon the conditions stipulated in the said Specifications;and the said parties for themselves, their heirs, executors, administrators, successors, andassignees, do thereby agree to the full performance of the covenants herein contained.
A portion of the construction funds for this project are furnished solely by the United StatesDepartment of the Interior pursuant to Act of the United States Congress. Should saidfunds be unavailable in part or in whole, the Owner may terminate this contract inaccordance with the provisions of Section 9-1(a) of the General Conditions and Section01940 of the Special Conditions.
ARTICLE IV: The Notice Inviting Bids, Information for Bidders, Instruction to Bidders, Bid,Information Required of Bidder, Information for Preparing Bid, Specifications, Plans, andall addenda issued by the Owner with respect to the foregoing prior to the opening of bids,are hereby incorporated in and made part of this agreement.
December 2003 1.D.05.276.N0.384AG-2
ARTICLE V: The Contractor has been furnished with a copy of the contract between theOwner and the United States and is familiar therewith. Perform the work in harmony withthe terms of that contract; and shall submit his periodic statements at the time, in themanner and in the form required by the United States.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed theday and year first above written.
(SEAL)
Central Utah Water Conservancy District, OwnerAttest:
Signature:____________________________ By: _______________________________
Title:________________________________ Title:_______________________________
(SEAL)
_________________________________Contractor
Attest:
Signature:___________________________ By:________________________________
Title:_______________________________ Title:_______________________________
December 2003 1.D.05.276.N0.384FPB-1
BOND # _______
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENT,
That _________________________________________________________ as Contractor
and ____________________________________________________________ as Surety,
are held firmly bound unto the Central Utah Water Conservancy District hereinafter called
"Owner," in the sum of _____________________________________________________
_____________________________________________________dollars, for the payment
of which sum well and truly to be made, we bind ourselves, our heirs, executors,administrators, successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, said Contractor has been awarded and is about to enter into the annexedcontract with said Owner to perform all work required under the bidding schedule(s):
_____________________________ of the Owner's Specifications entitled _____________
________________________________________________________________________
Perform all the requirements of said contract required to be performed on his part, at thetimes and in the manner specified therein, then this obligation shall be null and void,otherwise it shall remain in force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 14,Chapter 1, Utah Code Annotated 1987, as amended, and all liabilities on this bond shallbe determined in accordance with said provisions to the extent as if it were copied at lengthherein.
PROVIDED, that any alterations in the work to be done or the materials to be furnished,or changes in the time of completion, which may be made pursuant to the terms of saidcontract, shall not in any way release said Contractor or said Surety, and notice of suchalterations or extensions of the contract is hereby waived by said Surety.
December 2003 1.D.05.276.N0.384FPB-2
SIGNED AND SEALED, this _________day of _____________ , 20___.(SEAL) (SEAL)
_________________________________ __________________________________ (Contractor) (Surety)
By:______________________________ By: ________________________________(Signature) (Signature)
Attorney-In-Fact
(SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY)
IMPORTANT -Surety companies executing bonds must appear on the TreasuryDepartment's most current list (Circular 570 as amended) and be authorized to transactbusiness in the state where the project is located.
December 2003 1.D.05.276.N0.384LMB-1
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS,
That _________________________________________________________as Contractor,
and _________________________________________________________as Surety, are
held firmly bound unto the Central Utah Water Conservancy District, hereinafter called
"Owner," in the sum of ____________________________________________________
_________________________________________________________________ dollars,
for the payment of which sum well and truly to be made, we bind ourselves, our heirs,executors, administrators, successors, and assigns, jointly and severally, firmly by thesepresents.
WHEREAS, said Contractor has been awarded and is about to enter into the annexedcontract with said Owner to perform all work required under the bidding schedule(s):
____________________of the Owner's Specifications entitled ______________________
_________________________________________________________________.
NOW THEREFORE, if said Contractor, or subcontractor, falls to pay for any materials,equipment, or other supplies, or for rental of same, used in connection with theperformance of work contracted to be done, or for amounts due under applicable State lawfor any work or labor thereon, said Surety will pay for the same in an amount not exceedingthe sum specified above, and, in the event suit is brought upon this bond, a reasonableattorney's fee, to be fixed by the court. This bond shall insure to the benefit of anypersons, companies, or corporations entitled to file claims under applicable State law.
PROVIDED, that any alterations in the work to be done or the materials to be furnished,or changes in the time of completion, which may be made pursuant to the terms of saidcontract, shall not in any way release said Contractor or said Surety thereunder, nor shallany extensions of time granted under the provisions of said contract release either saidContractor or said Surety, and notice of such alterations or extensions of the contract ishereby waived by said Surety.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 14,Chapter 1, Utah Code Annotated 1987, as amended, and all liabilities on this bond shallbe determined in accordance with said provisions to the same extent as if it were copiedat length herein.
December 2003 1.D.05.276.N0.384LMB-2
SIGNED AND SEALED, this _________day of _____________ , 20___. (SEAL) (SEAL)
_________________________________ _________________________________ (Contractor) (Surety)
By:______________________________ By: _______________________________(Signature) (Signature)
Attorney-In-Fact
(SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY)
IMPORTANT -Surety companies executing bonds must appear on the TreasuryDepartment's most current list (Circular 570 as amended) and be authorized to transactbusiness in the state where the project is located.
December 2003 1.D.05.276.N0.384NAB-1
NOTICE OF AWARD
To: ___________________________________________
___________________________________________
___________________________________________
Project Description ________________________________________________________
________________________________________________________________________
The Owner has considered the Bid submitted by you for the above described Work inresponse to its Advertisement for Bids dated ________________________________ , andInformation for Bidders.
You are hereby notified that your Bid has been accepted for items in the amount of ______
_______________________________________________________________________.
You are required by the Information for Bidders to execute the Contract and furnish therequired Contractors Performance Bond, Payment Bond, and certificates of insurancewithin ten (10) calendar days from the date of this Notice to you.
If you fail to execute said Contract and to furnish said Bonds within ten (10) days from thedate of this Notice, said Owner will be entitled to consider all your rights arising out of theOwner’s acceptance of your Bid as abandoned and as a forfeiture of your Bid Bond. TheOwner will be entitled to such other rights as may be granted by law.
You are required to return an acknowledged copy of this Notice Of Award to the Owner.
Dated this _____ day of ___________________ , 20_____.
Central Utah Water Conservancy DistrictOwner
ACKNOWLEDGMENT OF NOTICE By_______________________________
Receipt of the above Notice Of Title_______________________________Award is hereby acknowledged
this the ___ day of __________ , 20______.
By ________________________________
Title________________________________
88042501/841069
December 2003 1.D.05.276.N0.384NPB-1
NOTICE TO PROCEED
To: _________________________________ Date:_____________________________
_________________________________ Project:___________________________
__________________________________ _______________________________
_______________________________
You are hereby notified to commence work in accordance with the Contract dated_________ , ____ on or before _____________ , and you are to complete the Work byNovember 30, 2005.
Central Utah Water Conservancy DistrictOwner
ACKNOWLEDGMENT OF NOTICE By___________________________________
Receipt of the above Notice To Title __________________________________Proceed is hereby acknowledged
By ___________________________________________________
this the _____ day of ______________________________,_____.
By ___________________________________________________
Title __________________________________________________
December 2003 1.D.05.276.N0.384GC-1-1
GENERAL CONDITIONS - PART I
DEFINITIONS
Wherever in these Specifications, or in other Contract Documents, the following terms areused, the intent and meaning shall be interpreted as shown below. Abbreviationspertaining to this project are found on Drawing G-2.
1-1 DEFINITIONS
ACCEPTANCE TESTING: Testing determined and accomplished by ConstructionManager to verify final product complies with Contract Documents.
ADDENDUM: A supplement to any of the Contract Documents issued, in writing, afteradvertisement of but prior to the opening of bids for a Contract.
ADVERTISEMENT: The public announcement, as required by law, inviting bids for workto be performed or materials to be furnished.
AWARD: The formal action of the governing body in accepting a Bid.
BID: The offer of a bidder, on the prescribed form, to perform the work and to furnish thelabor and materials at the prices quoted.
BID FORM: The approved form on which the Owner requires bids to be prepared andsubmitted for the work.
BID GUARANTEE: The security furnished with a bid to guarantee that the bidder will enterinto the Contract if his bid is accepted.
BID SECURITY: Refers to the certified check, cashier's check, or surety bond, which isrequired to be submitted with the Bid to insure execution of the Contract and the furnishingof the required bonds.
BIDDER: Any individual, firm, copartnership, or corporation submitting a Bid for the workcontemplated, acting directly or through a duly authorized agent.
BACKFILL: Material placed in an excavated space to fill such space.
BASE COURSE: The upper course of the granular base of a pavement structure,immediately below the pavement or the lower course of an asphalt concrete pavementstructure.
CALENDAR DAY: Every day shown on the calendar.
CHANGE ORDER: A written order issued by the Owner ordering the Contractor to makechanges in the work or to perform extra work, and setting forth conditions for payment andadjustment in time of completion.
COMPLETION TIME: The number of calendar days for completion of an act, includingauthorized time extensions. In case a calendar date of completion is shown in the Bid inlieu of the number of calendar days, the Contract shall be completed by that date. Thetime within which an act is to be done shall be computed by excluding the first and
December 2003 1.D.05.276.N0.384GC-1-2
including the last day; and if the last day be Sunday or a legal holiday, that shall beexcluded.
CONSTRUCTION MANAGER: H. Lee Wimmer, P.E., or his replacement as designatedby the Owner.
CONSTRUCTION SCHEDULE: The schedule prepared by the Contractor as required bySection 01311 of these Specifications.
CONTRACT: The written instrument executed by the Contractor and the Owner by whichthe Contractor is bound to furnish all labor, equipment, and materials and to perform thework specified, and by which the Owner is obligated to compensate the Contractortherefore at the prices set forth therein. The Contract Documents are herewith byreference made a part of the Contract as if fully set forth therein.
CONTRACT DOCUMENTS: The words "Contract Documents" include the Notice InvitingBids, Information for Bidders, General Conditions, Special Conditions, Specifications,Measurement and Payment or Instructions for Preparing Bid, Bid, Contract, Payment Bond,Performance Bond, Plans, Geotechnical Reports, and Addenda thereto.
CONTRACTOR: The person or persons, copartnership, or corporation who has or haveentered into a contract with the Owner as a party or parties of the first part or his or theirlegal representatives to do the WORK.
CONTROL TESTING: Testing done by Contractor's testing laboratory to controlContractor's procedures and materials as necessary to assure work is ready for Owner'sacceptance.
CULVERT: Any structure not classified as a bridge, which provides an opening under oradjacent to the roadway.
DAYS: Unless otherwise designated, days will be understood to mean calendar days.
DESIGN ENGINEER: The firms or persons and their properly authorized assistants,designated by the Owner to prepare Plans and Specifications for the work.
DUCHESNE COUNTY: A political subdivision of the State of Utah, the county in which theProject is located.
EMERGENCY: Unforeseen occurrences and combinations of circumstances involving thepublic welfare or the protection of work already done under the Contract Documents, orwhich endanger life or property and call for immediate action or remedy.
EQUIPMENT: (Construction) - All machinery, equipment and fuel together with thenecessary supplies for upkeep and maintenance, and also tools and apparatus necessaryfor the proper construction and acceptable completion of work. (Installed) All material orarticles used in equipping a facility as furnishings or apparatus to fulfill a functional design.
EXTRA WORK: An item of work not provided for in the Contract as awarded but foundessential to the satisfactory completion of the Contract within its intended scope asapproved by the Owner.
GENERAL MANAGER: The word "General Manager" refers to the duly authorized personwho performs the duties of General Manager of the Owner.
December 2003 1.D.05.276.N0.384GC-1-3
IMPROVEMENT: See Work.
LABORATORY: The established materials testing laboratory of the Owner’s EngineeringDepartment, or other laboratories acceptable to and/or authorized by the ConstructionManager to test materials and work involved in the Contract.
MAJOR ITEM: Any item of work and/or materials having an original contract value whichexceeds ten percent of the amount of the original Contract.
MATERIALS: The word "materials" includes, in addition to material incorporated in theproject, equipment and other material consumed in the performance of the work.
NOTICE OF AWARD: A letter from the Owner advising the Contractor that he is thesuccessful bidder and that his Bid has been accepted.
NOTICE TO CONTRACTORS: Refers to the standard forms inviting Bids or bids.
NOTICE TO PROCEED: A directive issued by the Owner, authorizing the Contractor tostart the work or improvements required in the Contract.
OR EQUAL: The equality of material and/or equipment offered by the Contractor, supplier,or manufacturer in lieu of the material and/or equipment specified by name herein shall bedetermined by the Construction Manager.
OWNER: The Central Utah Water Conservancy District.
OWNER'S REPRESENTATIVE OR OWNER'S AGENT: The authorized representative ofthe Owner, which may be an individual or a firm, the Construction Manager, or hisassistants assigned to the project work, the project site, or any part thereof during theperformance of the work by the Contractor and until final acceptance.
PAVEMENT: Any surfacing of streets, alleys, sidewalks, courts, driveways, etc., consistingof mineral aggregate bound into a rigid or semi-ridged mass by a suitable binder such as,but not limited to, Portland cement or asphalt cement.
PAVEMENT STRUCTURE: The combination of subbase, base course, and surfacecourse placed on a subgrade to support the traffic load and distribute it to the roadbed.
PAYMENT BOND: A bond furnished by the Contractor and an acceptable surety,conditioned upon the Contractor promptly paying all monies due persons supplying laboror material to be used in prosecution of the Contract.
PERFORMANCE BOND: A bond furnished by the Contractor and an acceptable surety,conditioned on the faithful performance and completion of the work covered by theContract.
PLANS: All drawings or reproductions thereof pertaining to details of the work and whichare made a part of the Contract Documents.
PLANT: The Contractor's and/or subcontractor's facilities, including but not limited to smalltools and mobile equipment, located on and/or off-site, necessary for preparation ofmaterials and prosecution of work for the project.
December 2003 1.D.05.276.N0.384GC-1-4
PRINCIPAL: The individual, firm, or corporation primarily liable on an obligation, asdistinguished from a surety.
PROFILE GRADE: The trace of a vertical plane intersecting the top surface of theproposed wearing surface, usually along the longitudinal center line of the roadbed; invertor flow line of a pipe; or similar trace. Profile grade means either elevation or gradient ofsuch trace according to the context.
PROJECT: A specific coordinated construction or similar undertaking identified by a singleproject number and bid and awarded as one contract. On occasion two or more projectsmay be bid and awarded as a single contract.
PROJECT REPRESENTATIVE: The Construction Manager's authorized representative(s)assigned to make detailed inspections of Contract performance.
REFERENCED DOCUMENTS: On all work authorized by the Owner, any referenceddocuments in the Specification, (i.e.; Bulletins, Standards, Rules, Methods of Analysis orTest, Codes and Specifications of other Agencies, Engineering Societies or IndustrialAssociations) refer to the latest edition thereof, including Amendments, which are in effectand published at the time of Advertising for Bids or the issuing of a permit for the work.
RIGHT-OF-WAY: A general term denoting land, property, or interest therein, usually in astrip, acquired for or devoted to a street, highway, or other public improvement.
ROAD: A general term denoting a public way for purposes of vehicular travel, includingthe entire area within the right-of-way.
SEWAGE: Waterborne wastes.
SEWERS: Conduits and related appurtenances employed to collect and carry off waterand waste matter to a suitable point of final discharge.
SHOP DRAWINGS: Drawings or reproduction of drawings, detailing, fabrication anderection of structural elements, falsework and forming for structures, fabrication ofreinforcing steel, installed equipment and installation of systems, electrical, fiber optic, andinstrumentation systems, or any other supplementary plans or similar data, which theContractor is required to submit for review and acceptance.
SPECIAL CONDITIONS: The special conditions and requirements, applicable to the work,that are not covered in detail under other sections of these Contract Documents.
SPECIFICATIONS: The directions, provisions, and requirements for performing the work,as contained in the Contract Documents.
STATE SPECIFICATIONS: State of Utah, Department of Transportation, StandardsSpecifications for Road and Bridge Construction, Current Edition.
STRUCTURES: Bridges, culverts, catch basins, drop inlets, retaining walls, cribbing,manholes, endwalls, buildings, sewers, service pipes, underdrains, foundation drains,fences, swimming pools, and other features which may be encountered in the work andnot otherwise classed herein.
SUBBASE: The lower course of the base of a roadway or other structure, immediatelyabove the subgrade.
December 2003 1.D.05.276.N0.384GC-1-5
SUBCONTRACTOR: The word "subcontractor" includes those having a direct contractwith the Contractor and those who furnish material worked into a special design accordingto the Plans and Specifications for this work, but does not include those who merely furnishmaterial not so worked.
SUBGRADE: The supporting structures on which the pavement or other structures andtheir special undercourses rest.
SUPERINTENDENT: The Contractor's authorized representative in responsible charge ofthe work.
SUPPLEMENTAL DOCUMENTS: Documents which apply to the work but which are not bound to and physically a part of the Contract Documents. These includeapplicable Federal, State, and local laws, and standard specifications which are referencedin the Contract Documents.
SURETY: Refers to the person or firm with whom the Contractor joins in assuming theliability for the performance of the Contract by issuing the bonds required by law.
SURFACE COURSE: The finish or wearing course of an asphalt concrete pavementstructure.
TITLE AND HEADINGS: The titles or headings of the sections and subsections herein areintended for convenience of reference and shall not be considered as having any bearingon their interpretation.
TRAVELED WAY: The portion of the roadway for the movement of vehicles, exclusive ofshoulders and auxiliary lanes.
THE UNITED STATES BUREAU OF RECLAMATION (USBR): An agency within theUnited States Department of the Interior.
THE UNITED STATES FISH AND WILDLIFE SERVICE (USFWS): An agency within theUnited States Department of the Interior.
UTAH DEPARTMENT OF TRANSPORTATION (UDOT): The highway department of theState of Utah.
UTILITY: Pipelines, conduits, ducts, transmission lines, overhead or underground wires,railroads, storm drains, sanitary sewers, irrigation facilities, street lighting, traffic signals,fire alarm systems, and appurtenances of public utilities and those of private industry,businesses, or individuals solely for their own use or use of their customers which areoperated or maintained in, on, under, over or across public right-of-way or public or privateeasement.
WORK: The word "work" or "improvement" includes any or all of the improvementsmentioned and authorized to be made, and the construction, reconstruction, and repair ofall, or any portion of such improvements, and all labor, services, incidental expenses, andmaterial necessary or incidental thereto.
WORK SCHEDULE: See CONSTRUCTION SCHEDULE.
WORKING DAY: A calendar day, exclusive of Saturdays, Sundays, and recognized legalholidays, on which weather and other conditions not under the control of the Contractor will
December 2003 1.D.05.276.N0.384GC-1-6
permit construction operations to proceed for the major part of the day with the normalworking force engaged in performing the controlling item or items of work which would bein progress at that time.
December 2003 1.D.05.276.N0.384GC-2-1
GENERAL CONDITIONS - PART 2
BIDDING REQUIREMENTS AND CONDITIONS
2-1 SUBMITTING BIDS
No bid shall be considered unless it is made upon the Bid forms contained in andsubmitted with the book of Contract Documents. No book of Contract Documents shall bedisassembled.
No bid shall be considered which is deemed as an irregular Bid. Bids may be consideredirregular and may be rejected by the Owner if they show any alterations of form,unauthorized additions, unauthorized conditional or alternate bids, incomplete bids,obviously unbalanced prices, erasures, or irregularities of any kind.
No bid will be considered unless accompanied by the Bid Security in the type and amountset forth in Information for Bidders.
Bids shall be submitted in a sealed envelope. The outside, upper left-hand corner of theenvelope shall be marked as follows:
Bid of ________________________________________________________ , Contractor
Project Name: Big Sand Wash Reservoir Enlargement
Bids will be received until the hour and date set for the opening thereof, and must be, bythat time, in the hands of officials so designated in Notice Inviting Bids. Bids received afterthe time set for opening of bids will be returned to the bidders unopened.
The bids will be publicly opened and read at the time and place designated in the NoticeInviting Bids.
The Owner reserves the right to reject any or all bids when deemed advisable for the publicgood.
2-2 EXAMINATION OF PLANS AND SITE OF WORK
The bidder is required to examine carefully the site of the proposed work, the Plans,Project Geotechnical Reports, Specifications, Special Conditions, General Conditions, Bid,Contract, and Bond forms before submitting a Bid. Submission of a Bid shall be consideredprima facie evidence that the bidder has made such examination and is satisfied as to theconditions to be encountered in performing the work and as to the requirements of theContract Documents.
Report of Physical Conditions (Project Geotechnical and Hydrologic/Hydraulic Reports):
In the preparation of the Contract Documents, the following reports have been prepareddescribing the data and results of geologic explorations and soil investigations at the siteof the Work:
December 2003 1.D.05.276.N0.384GC-2-2
Geotechnical Investigations in Contract:
Vol 4 (Part I) - Big Sand Wash Reservoir Enlargement, Geotechnical DataReport – Part I, Field Explorations, by CH2M HILL Inc., December 2003.
Vol 4 (Part II) - Big Sand Wash Reservoir Enlargement, Geotechnical DataReport – Part II, Laboratory Test Results, by CH2M HILL Inc., December 2003.
Vol 5 - Big Sand Wash Reservoir Enlargement, Geotechnical Baseline Reportfor Outlet Works, by CH2M HILL Inc., December 2003.
Geotechnical Reference Documents (for Contractor reference only):
Big Sand Wash Reservoir Enlargement, Geology Report, by CH2M HILL Inc.,December 2003.
Big Sand Wash Reservoir Enlargement, Geotechnical Design Report, by CH2MHILL Inc., December 2003.
Big Sand Wash Reservoir Enlargement, Hydrology and Hydraulic StructuresReport, by CH2M HILL Inc., December 2003.
Copies of these contract documents and reference documents may be examined at theoffice of the Construction Manager, 355 West University Parkway, Orem, UT, 84058,between the hours of 8:00am and 4:30pm Monday through Friday during the biddingperiod.
Neither the Owner nor the Design Engineer guarantee the accuracy of the informationcontained in the above reports. It shall be the responsibility of the Contractor to satisfyhimself of the kind and type of soil and the level of any water table to be encounteredduring the construction of the Work.
2-3 DISQUALIFICATION OF BIDDERS
More than one Bid for the same work from an individual, a firm or partnership, acorporation, or an association under the same or different names, will not be accepted. Reasonable grounds for believing that any bidder is interested in more than one Bid forthe same work, will cause the rejection of all Bids for the work in which such a bidder isinterested. Any or all Bids will be rejected if there is reason for believing that collusionexists among any of the bidders.
2-4 ADDENDA
Any Addenda issued during the time of bidding, forming a part of the Documents issuedto the bidder for the preparation of his bid, shall be covered in the bid and shall be madea part of the Contract.
December 2003 1.D.05.276.N0.384GC-3-1
GENERAL CONDITIONS - PART 3
AWARD AND EXECUTION OF CONTRACT
3-1 AWARD
The Owner, through its duly authorized body or agent, will award the Contract to the lowestresponsible bidder, or all bids will be rejected, as soon as practicable after the date ofopening of bids.
A Notice of Award will be sent to the successful bidder by certified mail.
The low bid will be determined by the lowest net total arrived at by combining the bidder'slump sum base bid price and the bid prices of the alternates that are selected andaccepted by the Owner. The Owner may accept or reject any or all alternates.
3-2 EXECUTION OF CONTRACT
The successful bidder shall, within the time specified in Information for Bidders, executethe Contract and simultaneously therewith furnish the required Payment Bond andPerformance Bond, in the amounts indicated in the Information for Bidders, and shall fileinsurance policies and/or certificates of insurance as required herein.
3-3 CONTRACTOR'S INSURANCE
GENERAL: On all projects, carry all insurance required by Federal, State, County, andlocal laws. Procure and maintain, during the life of the Contract, adequate fire, workmen'scompensation, public liability, and property damage insurance with companies rated atleast B+ VIII in the most current Best’s Rating Guide, with the exception of a self-insuredprogram. The specific requirements for insurance as set forth in these General Conditions,shall be considered as minimum requirements.
Furnish satisfactory proof of carriage of insurance, or satisfactory proof of an approvedself-insured program, and shall submit to the Owner, before work on the Contract starts,certificates of all insurance policies, bonds, or self-insured programs. Neither theContractor, nor any subcontractor, shall commence work under this Contract until theOwner has approved all required insurance policies. The certificates of insurance shall beattached to the Contract by the Owner and filed in the Owner's office.
Certificates of said policies shall provide that if the said policy or policies be canceled bythe insurance company during the term of the Contract, that thirty (30) days written noticeprior to cancellation will be given the Owner and the Design Engineer. Insurancecertificates will be retained by the Owner. Insurance certificates shall set forth the followinginformation and shall be signed by an authorized representative of the insurance company:
Name and address of the insured
The location of the operations to which the insurance applies
The number of the policy and the type or types of insurance in force thereunder on thedate borne by the certificate
December 2003 1.D.05.276.N0.384GC-3-2
The expiration date of the policy and the limit or limits of liability thereunder on the dateborne by the certificate
A statement that the insurance covered by the certificate applies to all of theoperations on and at the site of the project which are undertaken by the insured duringthe life of the Contract
Public liability and Comprehensive General Liability, completed operations broad formproperty damage insurance shall include water damage liability, and automobile liabilityincluding non-owned and rented cars
A statement that all coverage is on an occurrence basis rather than an accident basis
A statement that "explosion, collapse, and underground" coverage is included
A provision that the policy or policies may not be canceled or reduced in coverage untilat least thirty (30) days after written notice has been sent to the Owner and the DesignEngineer
A statement that a cross liability or severability of interests clause is included (unlessa separate policy covering the Owner is provided)
In lieu of an insurance certificate setting forth all the required information concerningthe coverages, a copy of the complete policy or policies may be furnished to theOwner.
COMPENSATION INSURANCE: Take out and maintain Workmen's CompensationInsurance for all his employees employed at the site of the project during the life of hisContract. In case any work is sublet, require each subcontractor to provide Workmen'sCompensation Insurance for his employees unless such employees are covered by theContractor. The above coverage is required unless such employees are covered by theprotection afforded by the Contractor under a self-insurance plan or with a private carrierapproved by the State Industrial Commission. This insurance shall include a waiver ofsubrogation naming the Owner, Duchesne County Water Conservancy District, Moon LakeWater Users Association, CH2M HILL Inc. Gerhart Consultants, and the ConstructionManager.
In the event any class of employees engaged in hazardous work under this Contract is notprotected by the Workmen's Compensation Statute, provide, and shall cause thesubcontractor to provide special insurance for the protection of such employees nototherwise protected.
COMPREHENSIVE GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE:Procure, and maintain during the life of the Contract, such comprehensive general liabilityand property damage insurance necessary to protect the Contractor, the Owner, DuchesneCounty Water Conservancy District, Moon Lake Water Users Association, CH2M HILL Inc.Gerhart Consultants, the Construction Manager, or any subcontractor performing workunder the Contract, from all claims for bodily injury, including accidental death and propertydamage claims arising from operations under this Contract, whether such operations arethe Contractor's or the subcontractors'. The Owner, Duchesne County Water ConservancyDistrict, Moon Lake Water Users Association, CH2M HILL Inc. Gerhart Consultants, theConstruction Manager, and their consultants and each of their officers, directors, andemployees shall be named as additional primary insureds without offset against their
December 2003 1.D.05.276.N0.384GC-3-3
existing insurance, and the certificate of insurance shall include reference to suchprovisions.
Unless otherwise specifically required by the Special Conditions, the minimum limits ofcomprehensive general liability and property damage liability shall be as follows:
Comprehensive general liability insurance for injuries,including accidental death, to any one person in anamount not less than $2,000,000
Subject to the same limits on account of one occurrence,in a total amount not less than $2,000,000
Broad form property damage insurance inan amount not less than $2,000,000
Such policy shall not exclude coverage for the following:
Injury to or destruction of any property arising out of the collapse of/or structural injuryto any building or structure due:
To grading of land excavation, trenching, grading, borrowing, filling,backfilling, tunneling, pile driving, cofferdam work, or caisson work; or
To moving, shoring, underpinning, raising, or demolition of any building orstructure, or removal or rebuilding of any structural support thereof.
Injury to or destruction of wires, conduits, pipes, drains, sewers, or other similarproperty or any apparatus in connection therewith, below the surface of the ground,if such injury or destruction is caused by and occurs during the use of mechanicalequipment for the purpose of grading of land, paving, excavating, drilling; or injury toor destruction of any property at any time resulting therefrom.
Injury to or destruction of any property arising out of blasting or explosion.
Motor vehicle public liability and property damage insurance to cover each automobile,truck, and other vehicle used in the performance of the Contract in an amount of notless than One Million Dollars ($1,000,000) for one person, and One Million Dollars($1,000,000) for more than one person, and property damage in the sum of OneMillion Dollars ($1,000,000) resulting from any one occurrence which may arise fromthe operations of the Contractor in performing the work provided for herein.
Carry and maintain fire and extended coverage with an endorsement for vandalism andmalicious mischief in his name and also in the name of the Owner in an amount of at leastfifty percent (50%) of the value of the Contract. Except that on pipeline and similar projectswhere fire hazard is negligible or nonexistent the Owner may waive the requirement for fireinsurance.
Secure "All Risk" type Builder's Risk Insurance for Work to be performed. Unlessspecifically authorized by the Owner, the amount of such insurance shall not be less thanfifty percent (50%) of the Contract Price. Such policy shall include coverage forearthquake, landslide, flood, collapse, or loss due to the results of faulty workmanship,during the Contract Time and until final acceptance of Work by the Owner.
December 2003 1.D.05.276.N0.384GC-3-4
The Owner, Duchesne County Water Conservancy District, Moon Lake Water UsersAssociation, CH2M HILL Inc. Gerhart Consultants, and the Construction Manager shall beadded as additional insureds, and the policy or policies shall contain a cross liability orseverability of interest clause. As an alternative, the Contractor may secure, in the nameof the Owner, Duchesne County Water Conservancy District, Moon Lake Water UsersAssociation, CH2M HILL Inc., and Gerhart Consultants. Construction Manager, and payfor an Owner's Protective Policy for the minimum limits required. In this event, the originalpolicy shall be filed with the Owner in lieu of a certificate of insurance.
3-4 NOTICE TO PROCEED
Do not start work on any part of the project until a Notice to Proceed has been issued bythe Owner. The Notice to Proceed will be sent to the Contractor by Certified mail ordelivered to him in person.
3-5 ASSIGNMENT OF PAYMENTS
Claims for monies due or to become due may be assigned to a bank, trust company, orother financing institution, and may thereafter be further assigned and reassigned to anysuch institution. Any such assignment or reassignment may be made to one (1) party asagent or trustee for two (2) or more parties participating in such financing.
No assignment by the Contractor of any Contract to be entered into thereunder, or of anypart thereof, or of funds to be received thereunder will be recognized by the Owner unlesssuch assignment has had prior consent of the Owner and the Surety has been given duenotice of such assignment in writing and has consented thereto in writing.
December 2003 1.D.05.276.N0.384GC-4-1
GENERAL CONDITIONS - PART 4
COMMENCEMENT, PROSECUTION, AND PROGRESS
4-1 COMMENCEMENT
Work shall commence on or before the tenth (10th) day after receiving the Notice toProceed, and all work under the Contract shall be completed within the period of timespecified in the Special Conditions. Notice to Proceed will be issued not later than sixty(60) days after the Contract has been awarded unless otherwise agreed upon in writing,or as may be specified in the Special Conditions.
4-2 SUBCONTRACTORS
Subcontracts shall be in accordance with, and be bound by, the following provisions:
All subcontracts shall be subject to review and acceptance by the Owner.
All subcontracts shall be in writing and shall provide that all work to be performedthereunder shall be performed in accordance with the terms of the Contract.
True copies of any and all subcontracts shall be furnished to the Owner.
Subcontractors shall conform to the regulations governing employment of labor.
The subcontracting of any part of the work will in no way relieve the Contractor of hisresponsibility or liability or obligation under the Contract.
All subcontracts and purchase orders for equipment shall state and establishguaranteed delivery dates, at such times as determined by the Contractor, that willallow the Contractor to complete the project within the Contract time.
4-3 CONTRACTOR'S REPRESENTATIVE AND EMERGENCIES
At all times, the Contractor shall be present at the work in person or represented by acompetent superintendent who shall supervise and direct the work and shall be authorizedby the Contractor to receive and fulfill instruction from the Construction Manager.
At all times during working hours, the Contractor shall be represented in all matterspertaining to this project by one, and only one, fully competent and experienced generalsuperintendent. Instructions and information given by the Construction Manager to theContractor's superintendent on the work shall be considered as having been given to theContractor. Before any work is done at the jobsite, give written notice to the ConstructionManager stating who the Contractor's superintendent will be, giving his home address andtelephone number. Any request by the Contractor to change the general superintendentshall be submitted in writing to the Construction Manager for his approval. A statementnaming more than one representative at a time to be in charge and depending upon whichis present at the time will not be acceptable.
Emergencies may arise during the progress of the work which may require special effortor require extra shifts of workers to continue the work beyond normal working hours. Beprepared in case of such emergencies from whatever cause, to do all necessary workpromptly.
December 2003 1.D.05.276.N0.384GC-4-2
4-4 CONTRACT DOCUMENTS
Keep on the work a copy of the Contract Documents and at all times give the ConstructionManager access thereto.
The Notice Inviting Bids, Information for Bidders, Contract, General Conditions, SpecialConditions, Specifications, Plans, Geotechnical Report, Appendices, Addenda, and allsupplementary documents are intended to be complete, and complementary and areintended to prescribe a complete work. If any omissions are made of informationnecessary to carry out the full intent and meaning of the Contract Documents, immediatelycall the matter to the attention of the Construction Manager for furnishing of detailedinstructions.
Any drawings or Plans listed anywhere in the Specifications or Addenda thereto shall beregarded as a part thereof and of the Contract. Anything mentioned in these Specificationsand not indicated on the Plans, or anything indicated on the Plans and not mentioned inthese Specifications, shall be in the same force and effect as if indicated or mentioned inboth.
4-5 ADDENDA, REVISIONS AND SUPPLEMENTARY DRAWINGS
The work shall conform to such other drawings relating thereto as may be furnished by theOwner prior to the opening of Bids, and to such drawings in explanation of details or minormodifications as may be furnished from time to time during construction including suchminor modifications as the Owner may consider necessary during the prosecution of thework.
Scaled dimensions shall not be used in the construction of the work.
4-6 ERRORS AND OMISSIONS
Verify carefully all dimensions before beginning the work. If any errors or omissions arediscovered, the Construction Manager shall be so advised in writing and will make theproper corrections. Any such adjustments made by the Contractor without prior review andacceptance shall be at his own risk, and the settlement of any complications or disputedexpenses arising from such adjustment shall be made by the Contractor, at his ownexpense.
4-7 QUALIFICATIONS FOR EMPLOYMENT
No person under the age of sixteen (16) years for normal occupations, no person underthe age of eighteen (18) years in hazardous occupations, and no person currently servinga sentence in a penal or correctional institution shall be employed to perform any workunder this Contract.
No person whose age or physical condition is such as to make his employment dangerousto his health or safety, or to the health and safety of others, shall be employed to performany work under this Contract provided, however, this condition shall not operate againstthe employment of physically handicapped persons who, otherwise employable, may safelybe assigned to work which they can ably perform.
December 2003 1.D.05.276.N0.384GC-4-3
4-8 CHARACTER OF WORKMEN
Whenever, in the opinion of the Construction Manager, any superintendent, foreman, orworkman employed by the Contractor or his subcontractors is disrespectful, intemperate,disorderly, or otherwise objectionable, he shall, at the written request of the Owner, beremoved and not again employed on the work without the written consent of the Owner.
4-9 SUSPENSION OF WORK
Suspend the work wholly or in part for such period as deemed necessary due to unsuitableweather or to such other conditions as are considered unfavorable for the suitableprosecution of the work.
In case of suspension of work from any cause whatever, the Contractor will be responsiblefor all materials and shall store them properly if necessary and shall provide suitabledrainage and erect temporary structures where necessary. No extension of Contract timewill be granted except as otherwise provided for in the Contract.
4-10 DELAYS AND EXTENSION OF TIME
An extension of Contract time if the work has been suspended pursuant to the precedingarticle, in whole or in part, or where other conditions occur which delayed progress andwhich are clearly beyond the control of the Contractor may be granted, provided that ineither case the Contractor is not at fault and is not negligent under the terms of theContract. Extension of time shall be as determined by the Owner.
No extensions in Contract time will be allowed for the working days lost due to normal badweather conditions including the time lost for the winter shut downs.
Delays in delivery of equipment or material purchased by the Contractor or hissubcontractors shall not be considered as a just cause for extending the contract time. Befully responsible for the timely ordering, scheduling, expediting, delivery, and installationof all equipment and materials.
To receive consideration, a request for extension of time must be made in writing to theConstruction Manager stating the reason for said request, and such request must bereceived by the Construction Manager within ten (10) days following the end of the delay-causing condition.
The Owner will ascertain the facts and the extent of the delay, and its findings of the factsthereon will be final and conclusive. Attention is directed to the nearest weather bureaustation in the vicinity of the work for determining the extremes and intensity of precipitationthat can be expected. Weather conditions that have occurred within the three years priorto contract award will not be classified as severe weather conditions for granting extensionsof time.
An extension of time may be granted by the Owner after the expiration of the time originallyfixed in the Contract or as previously extended, and the extension so granted shall bedeemed to commence and be effective from the date of such expiration. Any extensionof time shall not release the sureties upon any bond required under the Contract.
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4-11 TERMINATION FOR BREACH OF CONTRACT
If the Contractor refuses or fails to prosecute the work or any separable part thereof withsuch diligence as will ensure its completion within the time specified herein, or anyextension thereof, or fails to complete such work within said time, or if he or any of hissubcontractors should violate any of the provisions of the Contract, the Owner may servewritten notice upon the Contractor and his surety of their intention to terminate theContract, said notice to contain the reasons for such intention to terminate the Contract,and unless within ten (10) days after the service of such notice such violations shall ceaseand satisfactory arrangements for the corrections thereof be made, the Contract shall,upon the expiration of said ten (10) days cease and terminate.
In the event of any such termination, the Owner shall immediately serve written noticethereof upon the Surety and the Contractor, and the Surety shall have the right to take overand perform the contract; provided, however, that if the Surety within fifteen (15) days afterthe serving upon it of a notice of termination does not give the Owner written notice of hisintention to take over and perform the Contract, or does not commence performancethereof within thirty (30) days from the date of serving said notice, the Owner may takeover the work and prosecute the same to completion by contract or by any other methodthe Owner may deem advisable for the account and at the expense of the Contractor, andhis surety shall be liable to the Owner for any excess cost or other damage occasioned theOwner thereby, and in such event the Owner may, without liability for so doing, takepossession of and utilize in completing the work such materials, appliances, plants andother property belonging to the Contractor that may be on the site of the work and benecessary therefor. For any portion of such work that the Owner elects to complete byfurnishing employees, materials, tools and equipment, the Owner shall be compensatedfor such in accordance with the schedule of compensation for force account work in thesection on payment for changes in the work.
The foregoing provisions are in addition to and not in limitation of any other rights orremedies available to the Owner.
4-12 METHODS AND APPLIANCES
The methods and equipment adopted should be such as will secure a satisfactory qualityof work and will enable the Contractor to complete the work in the time agreed upon. Theselection and use of these methods and appliances is the responsibility of the Contractor.
4-13 DATE OF ACTUAL COMPLETION
The date upon which the project will be considered as complete shall be that date uponwhich all the work is accepted by the Owner.
4-14 FINAL ACCEPTANCE
After completing all the work under this Contract, including all of the Contractor's testingand cleanup, inform the Construction Manager by written memorandum that the work hasbeen completed. Request a final inspection by the Construction Manager. TheConstruction Manager will then make an inspection. If items are found by the ConstructionManager to be incomplete or not in compliance with the Contract requirements, theConstruction Manager will inform the Contractor of such items. After the Contractor hascompleted these items, the procedure shall then be the same as specified above for theContractor's statement of completion and request for final inspection.
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After all work under the Contract has been completed, as determined by the ConstructionManager, and after the Owner's final seven-day (7-day) test operation if such is required,the Construction Manager will recommend in writing to the Owner that final acceptance ofthe entire work under this Contract be made as of the date of the Construction Manager'sfinal inspection. The Owner will make final acceptance promptly after receiving theConstruction Manager's recommendation.
Unless otherwise specified under Special Conditions, no partial acceptance of any portionof the work will be made and no acceptance other than the final acceptance of the overallcompleted project will be made. No inspection or acceptance pertaining to specific partsof the project shall be construed as final acceptance of any part until the overall finalacceptance by the Owner is made.
4-15 CONSTRUCTION SAFETY PROGRAM AND REGULATIONS
The Utah Occupational Safety and Health Act and the conditions set forth in theOccupational Safety & Health Standards (OSHA) shall constitute the outline for the Safetyprogram to be adhered to during the course of the project. A copy of these publicationsshall be available at the jobsite for reference.
Onsite and offsite construction activities, and operation and maintenance activities will fullyconform with the standards in the current Reclamation Safety and Health Standardsmanual (revised 2001). These standards include, but are not limited to, the followingitems:• Good housekeeping practices for routine scrap removal from work sites.• Proper handling, storage, use and disposal of toxic materials.• Prohibiting use of alcohol, drugs, and firearms.• Restricting public access to work areas to the extent possible.• Providing onsite training to employees exposed to hazards associated with work
assignments.• Weekly safety meetings conducted by supervisors for employees under their
supervision.• Providing adequate first-aid supplies, trained personnel and emergency evacuation
procedures.• Dissemination of information on the hazards of chemicals used, stored or produced
in workplaces to employees, contractors, visitors, and the public who couldpotentially be exposed.
• Mandatory use of appropriate protective work clothing.• Use of a uniform standard signal system in the operation of cranes, derricks and
hoists.• Use of dependable, trained and qualified signal and flag persons wearing high-
visibility apparel for traffic control.• Adherence to a detailed fire protection plan (e.g. fuel storage and refueling
facilities).• Proper storage of materials used in construction.• Operation of equipment only by employees qualified to operate the type of
equipment assigned.• Providing necessary barricades, walkways, lighting, a public awareness program,
and posting for public protection before the start of excavation operations.
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4-16 TRAFFIC REGULATION
Traffic regulation shall be as specified under Special Conditions.
4-17 SANITATION
Provide suitable and adequate sanitary conveniences for the use of all persons employedon the project. All sanitary conveniences shall conform to the regulations of the publicauthority having jurisdiction over such matters. At the completion of the project, all suchsanitary conveniences shall be removed and the premises left in a sanitary condition.
4-18 WATER
Supply adequate pure cool drinking water with individual drinking cups for the use ofemployees on this construction. The quality of drinking water shall meet the "Standards forPublic Water Supplies" specified in the State Health Department Code.
It shall be the responsibility of the Contractor to provide and maintain at his own expensean adequate supply of water for his use for construction, fire suppression, and to install andmaintain necessary supply connections and piping for same. Before final acceptance ofthe completed project, all temporary connections and piping installed shall be removed.
4-19 PROTECTION OF WORK AND CLEANING UP
Protect all work until its completion and final acceptance. At no expense to the Owner,replace damaged or lost material, or repair damaged parts of the work.
Remove from the vicinity of the completed work and properly dispose (see Section 02110)of all plant, surplus earthen and other materials, or equipment belonging to him or usedunder his direction during construction. All surplus excavated material, concrete, plaster,and debris of all kinds shall be removed from the Owner's premises, streets, or portionsof building or property at or adjacent to the site of the work excepting that select materialwhich may be required for refilling or grading the surface. Salvage material shall be storedat areas designated by the Construction Manager. Where an area is indicated to be"cleared", all weeds, vegetation, shrubs, and trees shall be removed unless they arespecifically noted as not to be removed.
4-20 GUARANTEE OF WORK
Guarantee the work against defective materials or workmanship for a period of five (5)years from the date of its final acceptance under this Contract except where longerguarantee periods are specifically stated. Manufacturer and supplier warranties shall bein compliance with the terms of these Contract Documents.
All work which has been rejected shall be remedied, or removed and replaced at noexpense to the Owner, with work conforming to the Plans and Specifications. Anydefective material or workmanship which may be discovered before final acceptance orwithin five (5) years thereafter shall be corrected immediately at no additional expense tothe Owner, notwithstanding that it may have been overlooked in previous inspections andestimates. Failure to inspect work at any stage shall not relieve the Contractor from anyobligation to perform sound and reliable work as herein described. It is the Contractor'sultimate responsibility to deliver at the time of final acceptance a complete project thatcomplies in all details with these Contract Documents. All items shall be ready to operate.
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Any omission or failure on the part of the Construction Manager to discover or notify theContractor of or to condemn defective work or material at the time of construction shall notbe deemed an acceptance, and the Contractor will be required to correct defective workor material prior to final acceptance.
The Construction Manager will endeavor to locate any errors or defective materials orworkmanship and call them to the attention of the Contractor prior to subsequent workbeing performed. However, the Construction Manager is under no obligation to do so andneither the Owner nor the Construction Manager shall be held liable because errors ordefective material or workmanship by the Contractor are not discovered by theConstruction Manager prior to subsequent work.
During the five (5) year guarantee period, should the Contractor fail to remedy defectivematerial and/or workmanship, or to make replacements within five (5) days after writtennotice by the Owner, it is agreed that the Owner may make such repairs and replacementsand the actual cost of the required labor and materials shall be chargeable to and payableby the Contractor.
In the event it is necessary for the Owner to file suit to enforce any liability of the Contractorpursuant to this section Guarantee Of Work, the Owner shall be entitled to recover fromthe Contractor, in addition to all other amounts found due and owing, a reasonable sumas and for attorney fees.
4-21 CONTINGENCIES
All loss or damage arising from obstruction or difficulties which may be encountered in theprosecution of the work, from the action of the elements, or from any act or omission onthe part of the Contractor or any person or agent employed by him shall be borne by theContractor.
4-22 LIQUIDATED DAMAGES
It is agreed by the parties to the Contract that in case all the work called for under theContract is not completed before or upon the expiration of the time limits set forth in theContract Documents, damage will be sustained by the Owner, and that it is and will beimpracticable to determine the actual damage which the Owner will sustain in the event ofand by reason of such delay, and it is therefore agreed that the Contractor will pay to theOwner an amount specified in the Special Conditions for each calendar day between thecompletion date required by the Contract, and the date of final acceptance by the Owner,as liquidated damages and not as penalty. It is further agreed that the amounts stipulatedare reasonable estimates of the damages that would be sustained by the Owner and theContractor agrees to pay such liquidated damages as herein provided. In case theliquidated damages are not paid, the Contractor agrees that the Owner may deduct theamount thereof from any money due to or that may become due the Contractor byprogress payments or otherwise under the Contract, or if said amount is not sufficient,recover the total amount.
The Contractor will not be assessed with liquidated damages during any delay in thecompletion of the work caused by acts of God, acts of criminals, acts of the Owner, actsof the public utilities, fire, floods, epidemics, quarantine restrictions, labor strikes that delaythe critical sequence of the work, and unusually severe weather or delays ofsubcontractors due to such causes, provided that the Owner is notified in writing thecauses of such delay as stated herein before.
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4-23 NOTICE AND SERVICE THEREOF
Any Notice to the Contractor from the Owner relative to any part of this Contract shall bein writing and considered delivered and the service thereof completed when said Noticeis posted, by Registered mail, to the said Contractor at his last given address, or deliveredin person to said Contractor or his authorized representative on the work.
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GENERAL CONDITIONS - PART 5
SCOPE OF WORK
5-1 INTENT OF PLANS AND SPECIFICATIONS
The intent of the Plans and Specifications is to prescribe a complete work or improvementwhich will be performed in a manner acceptable to the Construction Manager and in fullcompliance with the terms of the Contract. Provide the Owner with a complete, safe, andoperable work or improvement, even though the Plans and Specifications may notspecifically call out all items or items of work required of the Contractor to complete histasks, incidental appurtenances, materials, and the like.
Perform the work in accordance with the lines, grades, cross sections, and dimensionsindicated on the Plans and detailed drawings.
Unless otherwise specified in the Special Conditions, furnish all materials, labor, tools,equipment, water, light, power, transportation, superintendence, temporary constructionof every nature, and incidentals, including, but not limited to, dust and traffic controlmeasures, and to perform all work involved in executing the Contract in a safe, satisfactoryand workmanlike manner within the time specified.
5-2. CHANGES IN THE WORK
The Owner, without invalidating the Contract and without notification of Sureties, may orderextra work, make changes by altering, or delete any portion of the work as specified herein,or as deemed necessary or desirable by the Owner. All such work shall be executed underthe conditions of the original Contract except that any claim for extension of time andadditional costs caused thereby shall be adjusted at the time of ordering such change orextra work.
In giving instructions, the Construction Manager shall have authority to make minorchanges in the work, not involving extra cost, and not inconsistent with the purposes of thework. No extra work or change shall be made unless in pursuance of a written order bythe Construction Manager, and no claim for an addition to the total amount of the Contractshall be valid unless so ordered, except in an emergency endangering life or property.
It is mutually understood that it is inherent in the nature of the tunnels, pipelines, roads,structures, and other construction, that some changes in the Plans and Specifications maybe necessary during the course of construction to adjust them to field conditions, and thatit is of the essence of the Contract to recognize a normal and expected margin of change.The Owner shall have the right to make such changes, from time to time, in the Plans, inthe character of the work, and in the terminus of the project as may be necessary ordesirable to insure the completion of the work in the most satisfactory manner withoutinvalidating the Contract for the Contractor.
Any change ordered by the Owner which involves installation of work essential to completethe Contract, but for which no basis of payment is provided for herein, said paymenttherefor shall be subject to negotiation. The Contractor shall submit his price to the Ownerto construct the Owner requested change in the work within 21 days of the date the Ownerdelivers the written request to the Contractor to submit his price to perform the changedwork.
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The Construction Manager shall have the right to add or delete items at the unit rates setforth in the Contractor’s Detailed Schedule of Values (see Special ConditionsSection 01315).
Upon demand of either the Contractor or the Owner an equitable adjustment satisfactoryto both parties shall be made in the basis of payment for extra work. The prices agreedupon and any agreed upon adjustment in Contract time shall be incorporated in the writtenorder issued by the Owner, which shall be written so as to indicate acceptance on the partof the Contractor as evidenced by his signature. In the event prices cannot be agreedupon, the Owner reserves the right to terminate the Contract as it applies to the items inquestion and make such arrangements as it may deem necessary to complete the work,or it may direct the Contractor to proceed with the items in question on a force accountbasis as provided hereinafter.
5-3 FORCE ACCOUNT
LABOR: For all labor and for foremen in direct charge of the specific operations, paymentwill be made for:
The actual cost of wages and fringes paid, agreed upon in writing before beginningwork,
The actual cost of industrial accident or Workmen’s Compensation Insurance,
The actual cost of social security taxes and unemployment compensation insurance,
The actual amounts paid by reason of an employment contract,
An amount equal to fifteen percent (15%) of the actual cost of wages and other costslisted above to cover profit and overhead.
In case the work is performed by a subcontractor, the said fifteen percent (15%) will beadded only once to the actual cost of the labor, however, the Contractor may add tenpercent (10%) to the Subcontractor’s price to cover the Contractor’s overhead.
TOOLS AND EQUIPMENT: For any machine power tools and special or heavy equipmentused, payment will be made in accordance with the latest approved schedule of equipmentrental rates. These rates shall be obtained from the "Rental Rate Blue Book ForConstruction Equipment,” (Blue Book). These hourly rental rates are determined by themonthly rental rate taken from the Blue Book divided by 176. Obtain this publicationthrough:
Equipment Watch1735 Technology Drive, Suite 410San Jose, CA 95110-1313Phone: (800) 669-3282Fax: (408) 467-6795www.equipmentwatch.com
The total hourly rates derived from the above have been computed from equipment costscurrently in effect. The rates derived do not include costs for operating personnel.
The rates require adjustment by a Regional Factor and a Depreciation Factor found in thefront of each Chapter in the Blue Book.
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Equipment Rental rates can fall in the following two categories:
1. Operating Rate - For those hours the equipment is actually in use. Includesownership and operating costs. Adjusted for depreciation using Rate AdjustmentTable and region using the Regional Adjustment Maps.
2. Standby Rate - Compensation for equipment required to be at the work site but notoperating. Includes ownership costs only. This rate is 50 percent of the adjustedownership costs computed in the previous paragraph. The duration of allowablestandby time is to be approved in writing by the Construction Manager with amaximum of 8 hours per day or 40 hours in a normal week.
When the "Manufacturer's Rated Capacity" falls between those shown in the Blue Book,use the shown capacity which is closest to the manufacturer’s. Do not interpolate for ratesin between.
Agree upon all rates in writing before work is begun and measured. Equipment rental ratesnot provided for by the Blue Book, must be approved by the Construction Manager beforethe start of any "force account work."
"Move-in" and "Move-out" transportation cost for a piece of equipment not available on thejob, is allowed if the particular piece of equipment is not moved onto the job under its ownpower.
1. The hourly operating rate for equipment will be paid when moved to the site underits own power.
2. These charges are paid only once for any particular piece of equipment except inunusual circumstances that must be justified in writing and agreed to by theConstruction Manager.
MATERIALS: For all materials accepted by the Construction Manager, verified by invoiceand used in the work, payment will be made for the actual cost of such material, includingtaxes and transportation charges, to which cost shall be added a sum equal to fifteenpercent (15%) thereof.
SUPERVISION AND OVERHEAD: No allowance will be made for generalsuperintendence. The cost of supervision and overhead is presumed to be included in thefifteen percent (15%) added in accordance with the above.
RECORDS: The Contractor’s representative and the Construction Manager shall comparethe records of the work performed as ordered on a force account basis at the end of eachday on which such work is performed. Copies of these records shall be made, on suitableforms provided for this purpose, and signed by both the Construction Manager and theContractor’s representative. All claims for work done on a force account basis shall becertified and submitted to the Construction Manager by the Contractor, and suchstatements shall be filed with the Construction Manager not later than the fifth (5th) day ofthe month following that in which the work was actually performed.
5-4 EXTRA WORK
New or additional work will be classed as extra work when determined by the ConstructionManager that such work is not covered by the Contract.
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5-5 CHANGE ORDER
The value of such work or change shall be determined in one of the following ways unlesspaid by force account and paid for with a Change Order:
By unit prices mutually agreed upon by the Owner and Contractor.
By a lump sum based upon the Contractor's estimate and the Construction Manager'sreview and acceptance of the estimate. Do such extra work and furnish material andequipment therefor upon receipt of an accepted Contract Change Order or otherwritten order of the Owner, and in the absence of such Contract Change Order or otherwritten order of the Owner, payment will be made for such extra work. Payment forextra work required to be performed pursuant to the provisions of this section, in theabsence of an executed Contract Change Order, will be made by force account asprovided herein, or as agreed to by the Contractor and the Owner. However, in nocase shall work be undertaken without written notice from the Owner to proceed withthe work.
5-6 CLAIMS FOR EXTRA WORK
If the Contractor claims that any instructions involve extra cost under this Contract, he shallgive the Owner written notice thereof within forty-eight (48) hours after the receipt of suchinstructions, and in any event before proceeding to execute the work, except in emergencyendangering life or property, and the procedure shall then be as provided for underChanges In The Work. No such claim shall be valid unless so made.
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GENERAL CONDITIONS - PART 6
CONTROL OF WORK
6-1 WORK SCHEDULE
Prior to the commencement of the work prepare and submit to the Construction Managerfor review, both an initial and also a detailed written CPM schedule, covering the generalsequence of the work to be performed (see Section 01315). Both initial and detailed workschedules, after review and acceptance by the Construction Manager, shall not bechanged without written consent of the Construction Manager. Perform the work in anorderly procedure under the Contract.
The construction schedule shall serve as an index of progress prosecution ascontemplated by the Contractor. In the event the actual construction progress variessubstantially from the scheduled progress, the Construction Manager will require theContractor within ten (10) days after written notice, to provide a revised constructionschedule, giving in detail the particular changes in production as estimated by theContractor to complete the work within the specified Contract Time. Time is of the essencein this regard.
6-2 AUTHORITY OF THE CONSTRUCTION MANAGER
The Construction Manager will decide all questions which may arise as to the quality andacceptability of any work performed, including submittals and value engineering proposals;all questions which may arise as to the interpretation of the Plans and Specifications; andall questions as to the satisfactory and acceptable fulfillment of the Contract on the part ofthe Contractor.
Prior written permission must be obtained from the Construction Manager to perform anywork after regular hours, on Sundays, or on legal holidays. Work performed at these timesshall be done at no additional expense to the Owner. Regular hours are defined asbetween sunrise and sunset each day as determined for the Salt Lake International Airport.However, during the period from December 15 to April 15, regular hours shall extend from1/2 hour before sunrise to 1/2 hour after sunset, again with sunrise and sunset being asdetermined for the Salt Lake International Airport.
6-3 FORMAL PROTEST
If any work demanded is considered to be outside the requirements of the Contract, or ifany instructions, ruling, or decision of the Construction Manager are considered to beunfair, within ten (10) days after any such demand is made, or instruction, ruling or decisionis given, file a written protest with the Construction Manager, stating clearly and in detailthe objections and the reasons therefor. Except for such protests as are made of recordin the manner and within the time above stated, the Contractor is deemed to have waivedand does hereby waive all claims for Extra Work (pertaining to the work which has notbeen formally protested), damages and extensions of time resulting from demands,instructions, rulings and decisions of the Construction Manager.
Upon receipt of any such protest from the Contractor, the Construction Manager shallreview the demand, instructions, rulings, or decisions objected to and shall promptly advisethe Contractor in writing of his final decision, which shall be binding, unless within ten (10)days thereafter. The Contractor shall file with the Owner a formal protest against said final
December 2003 1.D.05.276.N0.384GC-6-2
decision of the Construction Manager. The Owner will consider and render a final decisionof any such protest within thirty (30) days of receipt of same.
6-4 PLANS
The Contract Plans consist of general drawings. These indicate such details as arenecessary to give a comprehensive idea of the construction contemplated. All authorizedalterations affecting the requirements and information given on the Contract Plans shall bein writing. The Contract Plans shall be supplemented by such working or shop drawingsprepared by the Contractor as are necessary to adequately control the work. No changeshall be made by the Contractor in any working or shop drawing after it has been acceptedby the Construction Manager unless re-submitted by the Contractor and approved by theConstruction Manager.
Keep a copy of the Plans and Specifications at the jobsite, and at all times give theConstruction Manager access thereto. Any drawings or plans listed in the DetailedSpecifications shall be regarded as a part thereof and the Construction Manager willfurnish from time to time such additional drawings, plans, profiles, and information as hemay consider necessary for the Contractor's guidance.
All authorized alterations affecting the requirements and information given on the acceptedPlans shall be in writing. No changes shall be made of any Plan or drawing after the samehas been accepted by the Construction Manager, except by consent of the ConstructionManager in writing.
6-5 CONFORMITY WITH PLANS AND ALLOWABLE DEVIATIONS
Finished surfaces in all cases shall conform with lines, grades, cross sections, anddimensions shown on the accepted Plans. Allowable deviations, other than specifiedtolerances, from the accepted Plans and working drawings will in all cases be determinedby the Construction Manager.
6-6 COORDINATION AND INTERPRETATION OF PLANS AND SPECIFICATIONS
The Plans, Specifications, Contract, General Conditions, Special Conditions, ContractChange Orders, Appendices, Addenda and all supplementary documents are essentialparts of the Contract, and a requirement occurring in one is as binding as though occurringin all. They are intended to be coordinated and to describe and provide for a completework.
Should it appear that the work to be done or any of the matters relative thereto are notsufficiently detailed or explained in these Specifications, General Conditions, SpecialConditions, or the Plans, apply to the Construction Manager for such further explanationsas may be necessary and shall conform to them as part of the Contract. In the event ofany doubt or question arising regarding the true meaning of these Specifications, theSpecial Conditions, or the Plans, reference shall be made to the Construction Manager,whose decision thereon shall be final. In the event of any discrepancy, between anydrawing and the figures written thereon, the figures shall be taken as correct.
In the event of there being a conflict between one Contract Document and any of the otherContract Documents, the Document highest in precedence shall control and supersede theDocument which is contrary to it. The order of precedence of the Contract Documents isas follows:
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First: Supplemental Contracts, the last in time being the first in precedence.
Second: The formal Contract.
Third: Notice Inviting Bids.
Fourth: Information for Bidders.
Fifth: Special Conditions (Division 1).
Sixth: Specifications (Division 2 through 16).
Seventh: Plans.
Eighth: Supplemental General Conditions (when included)
Ninth: General Conditions.
Tenth: Geotechnical Reports.
6-7 ORDER OF WORK
When required by the Contract Documents, follow the sequence of operations as set forththerein.
Full compensation for conforming with such requirements will be considered as includedin the prices paid for Contract items of work and no additional compensation will be allowedtherefor.
6-8 INSPECTION
Furnish the Construction Manager with every reasonable facility for ascertaining whetheror not the work as performed is in accordance with the requirements and intent of theSpecifications and Contract. If the Construction Manager so requests it at any time beforeacceptance of the work, remove or uncover such portions of the finished work as may bedirected. After examination, restore said portions of the work to the standards required bythe Specifications. Should the work thus exposed or examined-prove acceptable, theuncovering or removing and the replacing of the covering or making good of the partsremoved, will be paid for as provided under Changes In The Work, but should the work soexposed or examined prove unacceptable the uncovering or removing and the replacingof the covering or making good of the parts removed shall be at the Contractor's expense.Inspection by the Construction Manager shall not be considered as direct control of theindividual workman and his work. The direct control shall be solely the responsibility of theContractor.
The inspection of the work shall not relieve the Contractor of any of his obligations to fulfillhis Contract as herein provided, and unsuitable materials may be rejected notwithstandingthat such work and materials may have been previously overlooked and accepted orestimated for payment.
Should any work be covered up before acceptance or consent of the ConstructionManager, it must, if required by the Construction Manager, be uncovered for examinationat the Contractor's expense.
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6-9 LINES AND GRADES
Profiles and elevations are indicated on the Plans. Elevations are referred to a datum asindicated on the Plans. All work under this Contract shall be built in accordance with thelines and grades indicated on the Plans. These lines and grades may be modified asprovided in the Contract.
6-10 CONFORMANCE WITH UDOT STANDARD SPECIFICATIONS AND PERMIT
Construction of the roadway elements shall conform to Utah Department of Transportation(UDOT) Standards except where noted otherwise.
The Contractor shall obtain and comply with a UDOT encroachment permit for constructionof the work associated with Highway 87, including the highway relocation and otherconstruction work affecting the existing or relocated highway. This permit includesrequirements for traffic control and flagging during construction and limitations of contractoroperations (i.e. construction timing). Contact UDOT’s project permit officer Barry Sawsak(801) 227-8012 for further information.
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GENERAL CONDITIONS - PART 7
MATERIALS AND WORKMANSHIP
7-1 GENERAL
All equipment, materials, and articles incorporated in the work covered by this Contractshall be new and subject to review and acceptance by the Construction Manager unlessotherwise specifically provided for in the Contract Documents.
Where equipment, materials, or articles are referred to in the Specifications as "or equal",or "equal to" any particular standard, the Construction Manager shall decide the questionof equality.
Wherever any standard published specification is referred to, the latest edition or revisionat the time of bidding, including all amendments, shall be used unless otherwise specified.Materials of a general description shall be the best of their several kinds, free from defects,and adapted to the use for which provided. The physical characteristics of all materials notparticularly specified shall conform to the latest standards published by the AmericanSociety for Testing and Materials, where applicable. All material shall be new and of thespecified quality and equal to the accepted samples, if samples have been submitted.
All work shall be done and completed in a thorough, workmanlike manner notwithstandingany omission from these Specifications or from the Plans; and it shall be the duty of theContractor to call the Construction Manager's attention to apparent errors or omissions andrequest instructions before proceeding with the work. The Construction Manager may, byappropriate instructions, correct errors and omissions, which instructions shall be asbinding upon the Contractor as though contained in the original Specifications or Plans.
7-2 SUBSTITUTION OF MATERIAL OR EQUIPMENT
Where material or equipment is designated on the Plans or in the Specifications by a tradeor manufacturer’s name, it is so designated primarily to establish standards of quality,finish, appearance, and performance. It is not the intent to limit the choice of materials andequipment to the specific product designated. However, requests relative to substitutionsfor materials or equipment specifically designated on the Plans and in the Specificationswill not be considered until after award of the Contract. Requests relative to substitutionsfor materials or equipment specifically designated on the Plans or in the Specificationsshall be made in writing, and such requests shall be accompanied by complete data onwhich the Construction Manager can make determination on the merits of the proposedsubstitution. The written request shall state how the product proposed for a substitutioncompares with or differs from the designated product in composition, size, arrangement,performance, etc., and in addition, the request shall be accompanied by documentaryevidence of equality in price and delivery or evidence of difference in price and delivery. Data on price shall be in the form of certified quotations from suppliers of both thedesignated and proposed items. All items accepted for substitution shall be subject to allapplicable provisions of the Specifications. All specific requirements of the Specificationsmust be adhered to, and all necessary modifications shall be made in the articles specifiedby trade name, type, or model of manufacturer's equipment to make it conform to thespecific requirements of the Specifications and the actual conditions under which theproduct is required to be used. Should a substitution be allowed under the foregoingprovisions, and should the item subsequently prove to be defective or otherwiseunsatisfactory for the service for which it was intended, the Contractor, shall without cost
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to the Owner, and without obligation on the part of the Construction Manager, replace theitem with the material originally specified.
7-3 SAMPLE AND TESTING
All materials to be incorporated in the work shall be subject to sampling, testing, andacceptance. Samples furnished shall be representative of the materials to be used. TheConstruction Manager may select samples or may require that samples be delivered to andtested at a laboratory designated by the Construction Manager at no additional cost to theOwner.
All sampling and testing of materials shall be done in accordance with the latest designatedstandard methods of AASHTO or ASTM, or in accordance with special methodsdesignated in the Specifications.
Sieves used in determining the grading of samples of aggregates, select material, andother graded materials, shall conform to ASTM Designation E 11. Sieves 1/4 inch andlarger shall have square openings and are designated by the size of opening in inches.Sieves smaller than 1/4 inch shall have square openings and are designated by number.
7-4 FABRICATED MATERIALS AND SHOP DRAWINGS
Fabricated materials and shop drawings shall be handled as set forth in the SpecialConditions.
7-5 MATERIALS FURNISHED BY THE OWNER
All materials and/or services furnished by the Owner, if any, shall be obtained by theContractor as indicated in the Special Conditions. The cost of handling and placing Ownerfurnished materials shall be included in the price paid for the Contract item involving suchmaterial.
7-6 STORAGE OF MATERIALS
Provide proper storage facilities and exercise such measures as will insure thepreservation of the specified quality and fitness of all materials and equipment to be usedin the work. Stored materials shall be located so as to provide reasonable access forinspection. That portion of the right-of-way not required for public travel may be used forstorage purposes unless prohibited by other provisions of the project Specifications. Anyadditional space required shall be provided at no additional cost to the Owner. Protectionof materials and equipment stored on the site shall be the responsibility of the Contractor.The Owner reserves the right to direct the Contractor to provide proper means of protectionfor materials if such is deemed advisable by the Construction Manager; however, theexercise of or failure to exercise this right shall not be deemed to relieve the Contractor ofhis primary responsibility for protecting the material and equipment. Provide suitablewarehouses or other adequate means of protection for such materials and equipment.Store and care for the materials and equipment in the most suitable manner to protectthem from distortion, rain, dust, or other damage and shall follow the manufacturer’sstorage and handling recommendations. The cost of replacing any material or equipmentdamaged in storage shall be borne by the Contractor, and the fact that material orequipment has been damaged after partial payment has been made shall not relieve theContractor of his primary responsibility. No motor shall be left uncovered or unprotected.
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7-7 REJECTED MATERIALS
Materials not conforming to the requirements of the Specifications, whether in place or not,will be rejected. Rejected materials shall be removed immediately from the site of the workunless otherwise permitted by the Construction Manager. No rejected material, the defectsof which have been subsequently corrected, shall be used unless accepted by theConstruction Manager. If the Contractor fails to remove and replace rejected material, theOwner has authority to do so and to deduct the cost thereof from any monies due or tobecome due the Contractor.
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GENERAL CONDITIONS - PART 8
LEGAL RELATIONS AND RESPONSIBILITY
8-1 LAWS TO BE OBSERVED
The Contractor is presumed to know, and at all times shall observe and comply with, allFederal and State laws and local ordinances, workmen's compensation, occupationaldisease, and unemployment compensation laws together with the payment of all premiumsand taxes therefor; also all laws, ordinances, and regulations in any manner affecting theconduct of the work, and shall indemnify and save harmless the Owner, Moon Lake WaterUsers Association, CH2M HILL Inc., Duchesne Water Conservancy District, GerhartConsultants, the Construction Manager and their consultants and each of their directors,officers, agents and employees, and representatives against any claim arising from theviolation of such laws, bylaws, ordinances, or regulations, whether by the Contractorhimself or by the Contractor's employees. The Contractor's particular attention is drawnto the cognizance of, but not limited to, the laws in the four (4) following paragraphs.
8-2 HOURS OF LABOR
Eight (8) hours shall constitute a day's work on all works or undertakings carried on oraided by the State, County or Municipal governments; and the Legislature shall pass lawsto provide for the health and safety of employees in factories, smelters and mines (Section6, Article XVI, Constitution of the State of Utah).
8-3 ALIEN LABOR
No person not a citizen or ward of the United States shall be employed upon or inconnection with the work or employment, provided that nothing herein shall be construedto prevent the working of prisoners by the State or by any County or municipality thereofon street or roadwork or other public work.
8-4 LABOR DISCRIMINATION
Attention is directed to Utah Code Annotated, Title 34, Chapter 35, entitled "Utah Antidiscrimination Act."
When Federal funds are to pay a portion of the cost of this project, then the bidders shallalso comply with the applicable paragraph in the Special Conditions.
8-5 PERMITS AND LICENSES
Except as otherwise provided in the Specifications it is the duty of the Contractor to procureall permits and licenses, pay all charges and fees, and give all notices necessary andincident to the due and lawful prosecution of the work.
8-6 PATENTED DEVICES, MATERIALS, AND PROCESSES
Indemnify and save harmless the Owner, Moon Lake Water Users Association, DuchesneWater Conservancy District, CH2M HILL Inc., Gerhart Consultants, the ConstructionManager, their consultants, and each of their directors, officers, agents, employees andduly authorized representatives from all liabilities, judgments, costs, damages, and
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expenses which may result from the infringement of any patents, trademarks, andcopyrights by reason of the use of any proprietary materials, devices, equipment, orprocesses incorporated in or used in the performance of the work under this Contract.
8-7 SURVEY LAND MONUMENTS
Survey land monuments and property marks shall not be moved or otherwise disturbed bythe Contractor until an authorized agent, of the agency having jurisdiction over the landmonuments or property marks setting, has witnessed or otherwise referenced theirlocation, and only then in accordance with the requirements of the agency havingjurisdiction and at no cost to the Owner.
8-8 PROTECTION OF PERSON AND PROPERTY
Adopt every practical means and comply with all laws, ordinances, and regulations in orderto minimize interferences to traffic, and inconveniences, discomfort and damage to thepublic, including the provision of adequate dust control measures. All obstructions topedestrians, bicyclists, and other recreationists shall be clearly marked and properlyguarded through the use of warning signs and temporary barriers.
If an unsafe condition arises or exists during the progress of the work, or if the Owner hasreason to believe that an unsafe condition exists, suspend the work wholly or in part forsuch period as may be necessary to correct the unsafe condition.
Do not trespass upon private property, and be responsible for all injury or damage topersons or property, directly or indirectly, resulting from his operations in completing thiswork. Comply with the laws and regulations of the Owner, County, and State, relating tothe safety of persons and property, and will be held responsible and required to make goodany injury or damage to persons or property caused by carelessness or neglect on the partof the Contractor or subcontractors, or any agent or employee of either during the progressof the work and until its final acceptance.
Protect against injury any pipes, sewer conduits, electrical conduits, lawns, gardens,shrubbery, trees, fences, or other structures or property, public and/or private, encounteredin this work except as stipulated elsewhere herein. Be responsible and liable for any injuryto such pipe, structures, and property.
8-9 UTILITIES SHOWN ON THE PLANS
Regardless of what utilities are shown on the Plans, verify these locations and anyadditional lines which may exist through consulting with the Owner, utility companies,and/or "Blue stakes"(1-800-662-4111).
Existing utilities are indicated on project Plans in accordance with the best informationavailable. Notify all utilities when work is in progress and make such arrangements as arenecessary to make any emergency repair to any utility, in a manner satisfactory to theowner of a damaged utility line, including individual or house service utility lines.
No extra compensation will be made for the repair of any individual or house service utilityor utility lines damaged by the Contractor's labor forces or equipment, nor for any damageincurred through neglect or failure to provide protective barriers, lights and other devicesor means required to protect such existing utilities.
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Expose all sanitary and storm sewers, water, gas, electric, telephone utility lines, and otherunderground structures which might interfere with the construction of the project, in orderto permit survey location prior to construction.
The work necessary to the raising, lowering or relocating of a utility, which work is not soindicated on the Plans shall be at the owner's expense. The necessary work may be doneby the owner of the utility or by the Contractor, at the option of the owner of the utility. Allwork shall be in accordance with the standards of the owner of the utility.
Resolve crossing and clearance problems concerning all utility structures with the utilitycompany concerned.
8-10 UTILITIES NOT SHOWN ON THE PLANS
If utility lines are encountered which are not indicated on the Plans, other than individualor house service utility lines, and which the Owner, utility companies, and/or "Blue Stake"are unaware of their existence, and these lines are damaged or work is required to clearsame, then the Contractor will be paid for any extra work involved on his part on a cost plusbasis, as set forth elsewhere herein.
In most cases, individual service utility lines are not shown on the Plans. It shall be theContractor's responsibility to locate and protect these individual services. If, due to theContractor's operations, any of these lines are damaged, repair or replace these lines ina manner satisfactory to the utility at no extra cost to the utility. In addition, the cost oflocation, protection, and working around these individual or house service utility lines shallbe included in the Contractor's bid for the work under this Contract.
8-11 TREES AND SHRUBBERY
All trees and shrubbery within the right-of-way or easements shall be protected by theContractor insofar as practicable.
All trees, shrubs, hedges, brush, etc. designated on the Plans, or by the ConstructionManager for removal, shall be completely removed and disposed of as indicated on thePlans or specified.
See Section 02200.
8-12 LIVESTOCK PROTECTION
Fences of private property owners shall be protected during construction in fields whereanimals are being pastured or kept. Construct temporary gates at the points of entranceand exit to each property to ensure that animals will not escape or be injured duringconstruction. Protect construction and open trenches in such a manner as to ensure thatlivestock will not be injured as a result of construction efforts. The Contractor shall beliable for any damage, including crop damage, due to irrigation facilities damaged by hisoperations and shall repair such damaged facilities to an "equal or better than" originalcondition.
8-13 ROADS AND FENCES
Unless otherwise noted in the specifications, streets and roads subjected to interferenceby the prosecution of this work shall be kept open and maintained by the Contractor untilthe work is completed.
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All fences, when damaged or temporarily removed, shall be restored to a condition equalto or better than the original condition. Such fences shall be restored at the Contractor'sexpense.
8-14 PROTECTION OF ANTIQUITIES
Attention is called to State and Federal laws pertaining to the protection and preservationof sites or objects of archaeological, anthropological, paleontological or historic interest.
When features of archaeological, anthropological, paleontological or historic interest areencountered or unearthed in material pits of the pipeline excavation, or other excavationstop work in the immediate vicinity of such feature, protect it from damage or disturbance,and report promptly to the Construction Manager and he will take such information to theState and local officials having jurisdiction. See Section 01975.
Work shall not be resumed in the immediate area until the Contractor is advised by theConstruction Manager that study or removal of the feature or features has been completed. The Contractor will be allowed an appropriate contract time extension as provided in theseGENERAL CONDITIONS for construction time lost, if any such work delayed is on thecritical path of the CPM schedule.
8-15 RESPONSIBILITY FOR DAMAGE CLAIMS
The Contractor and his Surety shall indemnify and save harmless the Owner, Moon LakeWater Users Association, CH2M HILL Inc., Duchesne County Water Conservancy District,Gerhart Consultants, the Construction Manager, and their consultants, and each of theirdirectors, employees, officers, agents, and representatives from all suits, actions, loss,damage, expense, costs, or claims of any character or nature brought on account of anyinjuries or damages sustained by any person or property arising out of the work done infulfillment of the construction of the improvement under the terms of this agreement, or onaccount of any act of omission by the Contractor or his agents, or from any claims oramounts arising or recovered under workers’ compensation laws or any other law, bylaw,or ordinance, order, or decree.
8-16 NONRESPONSIBILITY OF THE OWNER
Indebtedness incurred for any cause in connection with this work must be paid by theContractor, and the Owner is hereby relieved at all times from any indebtedness or claimother than payments due the Contractor under terms of the Contract.
8-17 PROPERTY RIGHTS IN MATERIAL
Nothing in the Contract shall be construed as vesting in the Contractor any right of propertyin the material used after they have been attached or affixed to the work or the soil andaccepted. All such materials shall become the property of the Owner upon being soattached or affixed and accepted.
8-18 EXISTING CONDITIONS
The Bidder represents that he has carefully examined the contract documents and the sitewhere the work is to be performed and that he has familiarized himself with all localconditions and federal, state and local laws, ordinances, rules, and regulations that mayaffect in any manner the performance of the work. The Bidder further represents that hehas studied all surveys and investigation reports about subsurface and latent physical
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conditions pertaining to the jobsite, that he has performed such additional surveys andinvestigations as he deems necessary to complete the Work at his Bid price, and that hehas correlated the results of all such data with the requirements of the contract documents.The submittal of a Bid shall be conclusive of evidence that the Bidder has investigated andis satisfied as to the conditions to be encountered, including locality, uncertainty of weatherand all other contingencies, an as to the character, quality, quantities, and scope of thework.
The plans and specifications for the work show subsurface conditions or otherwise hiddenconditions as they are supposed or believed by the Owner, Construction Manager andDesign Engineer to exist; but it is not intended or to be inferred that the conditions asshown thereon constitute a representation that such conditions are actually existent. Except as otherwise specifically provided in the Contract Documents, the Owner,Construction Manager, Design Engineer, and their consultants shall not be liable for anyloss sustained by the Contractor as a result of any variance of such conditions as shownon the plans and the actual conditions revealed during the progress of the work otherwise.
Where the Owner, Construction Manager, or the Design Engineer or their consultants havemade investigations of subsurface conditions in areas where the work is to be performed,such investigations were made only for the purpose of study and design. The conditionsindicated by such investigations apply only at the specific location of each boring orexcavation at the time the borings or excavations were made. Where such investigationshave been made, Bidders or Contractors may inspect the records as to such investigationssubject to and upon the conditions hereinafter set forth. The inspection of the records shallbe made at the office of the Construction Manager.
The records of such investigations are not a part of the Contract and are shown solely forthe convenience of the Bidder or Contractor. It is expressly understood and agreed thatthe Owner, Construction Manager, the Design Engineer, and their consultants assume noresponsibility whatsoever in respect to the sufficiency or accuracy of the investigations; therecords thereof; or of the interpretations set forth therein or made by the Owner’sconsultants, the Design Engineer or his consultants in the use thereof by the DesignEngineer, and there is no warranty or guarantee, either express or implied, that theconditions indicated by such investigations or records thereof are representative of thoseexisting throughout such areas, or any part thereof, or that unlooked-for developments maynot occur, or that materials other than, or in proportions, densities, or other characteristicsdifferent from, those indicated may not be encountered.
When a log of test borings showing a record of the data obtained by the investigation ofsubsurface conditions by the Owner, Construction Manager, Design Engineer, or theirconsultants is included with the plans or other documents, it is expressly understood andagreed that said log of test borings does not constitute a part of the Contract, representsonly the opinion of the Owner, Construction Manager or the Design Engineer or theirconsultants as to the character of the materials encountered by them in the test borings,is included in the plans or other documents only for the convenience of the Bidders, andits use is subject to all of the conditions and limitations set forth in this article.
The availability or use of information described in this article is not to be construed in anyway as a waiver of the provisions of the first paragraph in this article and a Bidder orContractor is cautioned to make such independent investigations and examination as hedeems necessary to satisfy himself as to conditions to be encountered in the performanceof the work.
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No information derived from such inspection records of investigations or compilationthereof made by the Owner, Construction Manager, Design Engineer, or their consultantswill in any way relieve the Bidder or Contractor from any risk or from properly fulfilling theterms of the Contract nor entitle the Contractor to any additional compensation.
8-19 TAXES
The Contractor shall pay all applicable, federal, state, and local excise, sales, consumeruse, and other similar taxes required by law for the execution of the work. Information andbulletins (No’s 1974 and 3294) regarding state and local taxes may be obtained by fax bycalling the Technical Research division of the State Tax Commission at 1 (801) 297-7790.Changes in the laws and regulations concerning taxes which are not adopted at the timeof the bid opening will be considered changes to the work. The State Tax Commissioninternet address is: www.tax.ex.state.ut.us.
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GENERAL CONDITIONS - PART 9
PAYMENT TO CONTRACTORS
9-1 GENERAL
The basis of payment for construction of a project shall be in full for all work actuallyperformed in accordance with the Plans and Specifications, and shall include all labor andmaterials incorporated in the completed work.
Upon final inspection and acceptance of the work, the Owner will pay the Contractor theamount earned under the Contract, as stipulated herein.
9-1(a) FUNDING
Federal funds required for the payment of this contract shall be furnished by the UnitedStates Government upon appropriation by the United States Congress in accordance withthe provisions of the CONTRACT BETWEEN THE UNITED STATES OF AMERICA actingthrough the U.S. Department of the Interior and the Central Utah Water ConservancyDistrict for advancement of funds to construct the Big Sand Wash Reservoir Enlargement.
Funding and payment to the Contractor are subject to said Contract: (In said Contract,"Contracting Officer" is the U.S. Department of the Interior and "Contractor" is the CentralUtah Water Conservancy District.)
AVAILABILITY OF FUNDS
Funds available for payment to the Contractor are addressed in Section 01260.
The Owner may terminate this construction Contract in the event the funding Contractbetween the United States and the Central Utah Water Conservancy District is modifiedor terminated. The Owner may also terminate this construction Contract under theprovisions of Section 01275, Termination for Convenience of the Owner. In the event oftermination for either of such causes, the contractor releases the owner from any and allliability for damages for breach of contract and the procedure for termination as well as thecompensation to be paid in such an event shall be in accordance with Section 01275,Termination for Convenience of the Owner.
9-2 PAYMENT
For and in consideration of the faithful performance of the work, the Owner will pay to theContractor the amount earned as computed from the actual quantities of work performedunder the Contract and to make such payment in the manner and at the time(s) specified,as follows:
Within thirty (30) days after final acceptance of the work completed under the Contract, theConstruction Manager shall render to the Owner and to the Contractor, a final estimatewhich shall show the amount of work performed according to the Contract. Within forty(40) days after the final completion and final acceptance of the work under the Contract,the Owner will pay to the Contractor all amounts due him under the provisions of theContract, except that before the final payment will be made, satisfy the Owner by affidavitthat all bills for labor and materials incorporated in the work have been paid, and shallcomplete and submit to the Construction Manager a Certification relinquishing any and all
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claims or right of lien under, in connection with, or as a result of the work under theContract.
The basis of payment shall be in full for all work actually performed in accordance withthese Specifications, and shall include all labor and materials incorporated in thecompleted work.
Payments are subject to the funding provisions of the General Conditions SectionGC 9-1(a) and the Special Conditions Sections 01260 and 01275.
9-3 PARTIAL PAYMENT
Once each month the Owner will make a partial payment to the Contractor on the basis ofan estimate prepared by the Contractor and accepted by the Construction Manager forwork completed through the last day of the preceding calendar month. The estimate willcover the work performed by the Contractor during the preceding calendar month plus theinvoice cost of material suitably stored at the site of the project if the Contractor desirespayment for material stored. The Owner will retain five percent (5%) of the amount of eachsuch estimate and material cost until, in the opinion of the Construction Manager, theContract is 50% complete, after which no additional retainage will be withheld. Thepreviously withheld amount (2.5% of the Contract Amount) will continue to be held untilfinal completion and acceptance of all work covered by this Contract.
Cost of material stored will be based on vendors' invoices which shall be listed by theContractor. A copy of each such invoice shall accompany the first estimate in whichpayment is requested for material covered by the invoice. This list shall be revised andbrought up-to date by the Contractor for each estimate. The revised list shall show thetotal amount of each invoice, the invoice amount that has been incorporated in the work,and the remaining invoice amount that is stored for which payment is requested thatmonth. Only those materials that will become an integral part of the final completed projectmay be included for partial payment as material stored.
If required by the Bid or Special Conditions, furnish a detailed breakdown of the lump sumContract Price, showing unit prices and quantities for use in preparing the monthlyestimate. No partial payment will be made until this breakdown is presented by theContractor and has been reviewed and accepted by the Construction Manager.
Partial payments for jobsite delivered material or equipment will in no way reduce theContractor's responsibility for such material or equipment until it has been installed.
Partial payments are subject to the funding provisions of the General Conditions SectionGC 9-1(a) and the Special Provisions Section 01260 and 01275.
9-4 PAYMENT OF ITEMS IN BID
Compensation for all work necessary for the completion of the project or improvement shallbe included by the bidder in the lump sum price bid in the Bid.
9-5 PAYMENT FOR "EXTRA WORK" AND FOR "CHANGES IN THE WORK"
Payment for "Changes in the Work" and for "Claims for Extra Work" will be made as statedin Part 5 of these GENERAL CONDITIONS.
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