HomeMy WebLinkAbout1967-10-26l4eri clt Qc 2L:t962:-
ec].a meeti cal}ed to o the r D6n M. 51619der
cilmen esent: ]d 1th t11ls Marvin Bo ne ohn varro .
thers nor Iesent: Lar rneth 'i'i t t Allen Il. ilosac
he ho of 7:0O F.l'I. cane ber ocee ed tc n the
eaLe
emeth Witt
asf
4 o20
$take Plumb &He
len E. Hosuek Rt.
o
, Nam $4,8o8o
A
Bois
ussell Cov{e Dr 1ri , rda. 8r?06
4 4
with these minutewn of each bid file
was made U. D. S ennetion
edd and oCr LIa
h ltJi-tt & s
urface ueI1 for'.0O aeacted40with a bid of
ifica 10ns the ederal WaterMeridian as rSthe to the a TOsubect
ntrol Board.o11u ion C
Bodi-ne a Navar e
al- o
!1litiona_ssed: Sklver
v]"e of the factsecnded b Keith E1listionwas made \i. D. S
East .t.t have a cved a bethinUU IEof the residentshatver
tv'if I al-Iow Mrs.from restrictiohe zoniease, the council ap roved a rtree
1or.a beautron oGarrither to eng 8e r-naro l-
NavarreaBodi,ner-1-L Ieapassed: skiver,otion
tha theJohn Navaronded bdineotion
dc pletdofresented450.00 as
was nade by Marvia B
a L952 Jeep for a seeofthe s
12r r
Bodine a; NavarrElLotionpassed: Skiverr yea
il adjourned.couns, ting no other businehere
VED:
IIir.s
our]cil a ve
d on October
CITY
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UNITED STATES FID
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UARANTY COMPANY
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PERFOR,MANCE BOI{D
BOND NUMSER.
KNOW AtL ME},I BY THE5E PRESE TS:
Thot ...Kenaeth....D-.....I{itl
....os Obligee, heroinolter colled Owner,
in the omounl of
Ii'o+re-.t*rousecd..ttv.enty...and.na.l.l.Q9....;....:....;....:....--....:....--...--... Oollors (g..-4-,..Q2-9.'.
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for the poyment whereof Controqtor ond Surety bind themselves, fheir heirs, execulors, odminislro]ors, successors
ond osigns, iointly ond severolly, firmly by these presentu.
WHEnEAS. Conlroctor hos by written ogreement doled ........Nov.eraber......13......19.6.7.....
enlered into q conlrost wilh Owner for drilling of Drainage We1l,
City of Meridian, Meridian, Idaho
in qccordqnce wilh drowings ond specificolions prepored by .......H..sff m.*nn..k..E+.9h-e-r...................................
......, which controcl is by reference mode o porlons ulti ..Ensi*-e..s.r.9..............P.o..i."-.9,....I.qpbq.........
hereo{, ond is hereinofter referred to qs the Contrqct.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such thol if Contrqclor shqll
promplly ond foith{ully pe#orm soid Controct, then this obligotion shqll be null ond void; otherwiso it sholl
remqin in full force qnd efrect
Whenever Conlroctor sholl be, ond declored by Owner to be in defoult under lhe Conlroct, lhe Owner hoving
performed Owner's obligotion: thereunder, the Surety moy promptly remedy the defoull or sholl promplly
(l) Complete lhe Controct in oesordqnce with its terms qnd condilions, or
(2) Obtoin q bid or bids {or submission to Owner for compleling lhe Contrqct in occordonce with ils
lerms qnd conditions, ond upon determinotion by Owner ond Surety of the lowesl responsible bidder, orronge
for q controct befween such bidder ond Owner qnd moke ovoiloblo os work progresses (even though there
should be o defoult or q suqcession of defqulis under the controcl or conlrqcls of completion orronged under
this porogroph) sufricient funds lo poy the cost of complelion less the bqlonce of lhe contrqqt price; but nol
exceeding, including other costs qnd domoges {or which the Surely moy be liqble hereunder, the omoun} set
forth in the first porogroph hereof. The term "bqlonce of lhe controcl price," os used in lhis porogroph, shoil
meqn the toiol omount poyoble by Owner to Controclor under the Controct qnd ony omendments lherefo,
less lhe omount properly poid by Owner to Conlroctor.
Any suit under this bond musl be instiluted before lhe expirolion of two (2) yeors from dqte on which finol
poymont under tho Contrqct {qlls due.
No right of qclion sholl occrue on this bond lo or for lhe use of ony parson or corporolion othsr lhon the
Owner nqmed herein or the heirs, execulors, odministrqtors or successors of Owner.
Signod ond seqled this...........1.9.1h................doy oI.........Novernber A. 0., 19 67
ln the p ......Kennejh.....n.......Witt...
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-c..-..** -&... Ll...,/. i -.<-k:.......... ls" "PdncipCa1well, Idaho R esident Agent
UNITED STATES F AND GUARANTY COMPANY
(Seol)
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By
Attorney-in-Fact
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hereinqfter cqlled Conlrqclor, ond UNITED STATES FIDELITY AND GUARANTY COMPANY, o corporolion
orgonized ond exisling under t[E lows of lhe Slole of Morylond, os Surety, hereino{ler colled Surety, ore held ond
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C 1ed r^rith ).liru-,,es October 26, \967
the 'rty
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hest bid r"a s f or ;a Fox of 388q0
ho Hooe Phone 3?5,.ss Phcne c/
a 1!!2 "reep as ii3 icr
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Oct. IL, 1t6f
TO Clty Clerk
?28 Ueridian St.
Meridian, Idaho
I hereby sunit by bld tn rthe amount of
city of Merldlan ls sIIlng.t367.5o for the 1952 eep that thc
BID $36?.50
,/J,/,Wf,u
Walter Myers
423 West Btroaduey
Merid ian r fdaho
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ADVDRTISEMONTl.l.0l INVITATION FoR BID: sealed
ProDosal$ on forms fu.nished bv theOuner will b( recelved by the Cit! oI
Meridian. Idaho, at lhe Mcridian CiltHall, Il€ridian, ldaho, unt,l 7'or' P.Y.on October 26- 196/. and thcn Dubliclv
opened and read lor Conslructlon o{a D.ainage Well ln ac(ordanco qith
Drawinss. SFcificatlons and otherContract Documents prepared br_ HoIf-mann & r:sk.. Consulting Unginoers.
I.I,O2 CONTBACT DOC U]U ENTS:Dratrinss, Specifications, and other
Contract Documents may be obtained
uPon apPlication attlollmann & Fiske
Consulting E.gin.eis
2500 KooteDai- Roise. Idaho
upon thc pa!nrent ol a deposit ol Sl0.n0per set The (l.po\ r shrll bc ln rhcckform and shall be draq'n payable toHoflmann & fiske. Boise. IdahoThe deposit for eacb sel \!ill l)e re-lunded upon relurtr of the Contract
Docunr.'nts in Sood condilioD noi latcrthan se!en (?) da!s follo$nrg the op.
eninP ol proposals
r l0:l PROPOSAL CUARANTYj Earlr
Proposal shall be accompanied Lr' an
acceptable form ol Proposal Guarantl'in an amount equal to at least ten rl0)per cent of the anlount of lhe Proposalparable to thr City uf :vleridian as aguarantee that if the Proposal is ac-cooted the b dder sill cxecute thr
Cdntract and lile acceptahle Pertornr.
ance and Labor and Material Payment
Bonds within ten (10) days after thea\ard ot conlract.
1.1.04 owNuli's RI(iH'r IlEsERvut):Thr Cit! of yoridian resrrvcs th. rirahlto rejcct rnr or all ProDosals and t')waivc anr tortrtalill or tcchnic&litl itran! Proposal in the int.res! of thc
l1.05 coNlItACTOtt s LICENSE. Bid-d€rlj a.r requlred to havc a Class A
Idaho Public $'orlrs contractor's licenseto contract the work.
1.1,06 NONDTSCRIMINA'I'ION IN EM,PI,OYUENT: IIIDDEIIS ON THIS WOttKWILL IJE REQUIRED TO COMPI,YWI'IH TIIE PRI]SIDENT'S EXDCUTIVEOBDEB NO. ]1114 AND THE PBOVI,
STONS OF T:\ECUTIVE ONDER NO.
10925 AS INCI,UDED THI]REIN. THE
RT'QUTREM[,N1'S I'OR BIDDERS ANI)
CON'IBACTORS LNDER TIIIS ORDERARD EXPLAIN_IID lN THI; SPDCII'I-
cA'l toNs.D()N M. STORBY, Mayor
HERAI, J. CuX. Clty Clerk
Oc(. 12. 19, 26. 1967
PROOF OF PUBLICATION
State of ldaho,
Coulty of Ada
r, . 4. e"^"/ d-,,;il^ ......, being rirsr dury
swom, depose and say, that I am over t\4'enty-one yeals of
age, and Chief Clerk of yERIDIAN NEWS-TIMES, a weeklv
newspaler of general circulation, lublished at lleridiaD'
courty of Ada, State of ldaho, and that the anlexed notice
was published in said paper once each week for "- 3' '-,
consecutive weeks, the first publjcation being on the 12 4'+
a^, ot ?-"t .i*.!, ...... , 196 Z, aud.ttre last publication
being on the X t :lL a^y a ..f\. rL [L" ..-----" ', 1fi7 "'
That said notice was published in the newspaper prop€r
and trot in a supplement. That said newslaper had been con'
tinuously and uninterruptedly published itr said coulty for
a period oI 78 consecutive weeks pdor to the first publication
oI this notice, alld is a ne\Yspaper within the meaning ol the
Idaho statutes.
I
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?. A,r"/.{.,';il-
Chief Clerk
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Subscribed and sworn to b€f or€ me lhis K-b--.-: '" day
oi s6/.\. _ /. )1/"-l--
in and loi ldahota
Residence or Postolfice taotets J-ttzL --.' -, Idaho'
JOHN L.\.I CHARLES C.
HOFFMAI\N. FISI(E
. . . CONSULTING ENGINEERS
EOISE, I DAHO
LEWISTON. IDAHO
October 23, 1967
Enclosed is Addendum No. 2 for WeII Specifications .
Very truly yours ,
HOFFI\4ANN & FISKE
City of Meridian
Meridian,
Idaho
Dear Sirs:
JLH: mj
Encl .
n L. Ho
//",&......-
ffmannJoh
MUNICIPAL
I
SPE CiFICATIONS
FOR
DR ILLING OF DRAINAGE WELL
C]TY OF MERIDIAN
ME R 1DIAN, IDAHO
HOFFMANN & FISKE, ENGINEERS
ADDENDUM No. 2
Paragraph 1" I.05 shall read as follows:
CONTRACTOR'S LiCENSE: Bldders are required to have a Class
A, B, or C ldaho Public Works Contractor's License to contract
the work "
UN ITED STATES
DEPARTMENT OF THE INTERIOR
FEDERAL WATER POLLUTION CONTROL ADMINISTRATION
WASH INGTON. D C 202'2
October 3, t967
In rep1Jr refer tot
Review of Plans and
Specifications Project
No. 29-Idaho-2
Eonorable Don M. Storey
l,Iayor, City of Meridian
738 Meridian Street
Meridian, Idaho 83642
Dear Mayor Storeyt
Receipt of Addendum No. I and Drawings 2 ar:'d 3 for the referenced
plans and specifications is acknowledged.. Review of these additlons
and the original material for the d-rawd.own weLL has been conryleted
and approval is granted.
One set of stafiped approved specifications is attached for your
reeord.s. Copies are al-so being forwaxded to the State Water
Po]-lution Control Agency and the TWPCA Regional office. An identicaL
set of the approved speciflcations must be avaiLable at the project
site at aIL tines when construction is undenl€.y.
The plans shoul-d. be kept current w-ith aI]- mlnor changes lndicated.
Any add.itional- najor changes nay be xoade by addend.a and subnitted to
this office for approval. The revlsed sheets, when a,pproved, shall
be fj.led with the original plans and specifications.
The project rnay now be advertised and bids opened. FoJJowing receipt
of aIL bid.s, four copies of Paxt B of the completed Offer and
Acceptance form (eopies enclosed) shall be subm:itted. fox approvs,l
with the required attachments as noted in section t'Grr of t-he form.
These documents should be fonrard.ed. in triplicate thru the Id.a,ho
Depa,rtment of l{ea1th, Engineering and Sanitation Division. A-oy
revlsed. cost estiJates included in Part B should be based on the
bid or bids you choose to accept.
I{ith respect to iten 4 of Section "G" the infornation that adequate
methods of obtainlng competitive bids have been utl].ized rnay be in
the fona of publishers affidavit or other means showing that the
proJect has been properl.y advertised.
2
Permission to award. contracts v'iJ.J. be granted upon approval of Paxt
B, offer and Acceptance Document.
Sincerely,
&/"a{4.-"-- d.E"r-,a
Wi]-liaro A, Bosenkranz
Chief, Storm and Ccmbined Sewer
Polfution Control Sranch.
Enclosures
SPECIFICATIONS
for
DRILLING OF DRAINAGE WELL
CITY OF MERIDAN
MERIDIAN, IDAHO
APPROVALS
CITY OF MERIDIAN, IDAHO
Malror
STATE OF IDAHO
Idaho Departmeirt Hea]th
HOFFMANN, FISKE, CONSULTING ENGINEERS
2500 Kootenai, Boise, Idaho
917 Eiqhth Avenue, Lewlston, Idaho
F.W. P. C. A.
oqlPt 'uo33IArI '.nuoJrYqrqol! llc
oqrPt ,cElo! ,leuapoa 6993
s:I3tcor3 oNulnsx@' gsld' t(NwtrJoB
tnlroB Io lr'tuudoq oqrpt
OHV{3I trO TtrVI:,
JortP tAI
oBlr,t 'f[6trrn ro rrlS
5.n6orddv
o8\ru1 't{uonl3r4l
NVIOil$'t JO I.IIC
TIl,t lDrillilo JO Otlfrllllo
,q'
srollEulcsJ6
PRELlMlNARY PROGRAM
MERIDIAN PUMP PROJEET
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BOWEP AVE
. Exi5lihet5l Grouna'*storo Yetu 4, Puae
ko
6 a+----------o
AVE.
Proposed H'
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ADA
dl ,
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to scaLE r"- 300'
]<IMG AVE
AVE
t-
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n No|-E;-
a ltlanho/es al which
Sel,uage De/lllt is lo
be nrcasuret!.
o9l6-,
/5
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aq WILL/AMS
t,ol
l_(r){lu
/8
LosU
t9
COTTONWOOD 20 AVE uS.Hwy. a 3O
6
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Ntne Mi/e Drain *
Ds'"tff3t FlvE MtLE GcuOeStati6n'2 wei. cREEK
/8'
Par
E-fucotdmQ
\'\"ar r,""
0 LOCATION OF FLOW
MEASLIREMENTS AT
SEWAGE PLANT
MOT TO SCALE
Dwg. No. I
I/Of FMANN ,I, F/5KF CONSL/LT/NG FNG/NEERS
25OO KOOTENAI STPE'ET BO/SE /DAHO.
A
JULY 25, /967.
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DNAINAGE WELL & T,;,RAINAGE UNf
cltTot lmEnr, lDrtro
autr r lntrrD ricxtrDglrl, DocruLtxl8
OIOmf l.l AdvctL.'r.il
l.t trbutt- lorllddrr
1.3 lloorrl
l.a C.otlrctAGi.4rt
1.5 tld t6d
1.6 trhrlraoo H
r.7 hba.nd Lrt*.t !o.rd
PANf, 2 GET*RAL CONDT?TON8 OP tNE CONTRAJT
SEOIIOX 2,1 DeII uont
2.2 Ploporal RcEulranent. and Cqrdltlooo
2.3 Amrd ans Exocuuor of Contnat
2.4 Saope oI WaL
2.5 Oontrol ol thG fr'qk
2.6 Control ot Mct€rtlls
2.7 lagal RegulrUor, R..poorlblUty to thr Pr$llo,
aad Inrurtncc
2.8 Prorecutton and Progrcc s
2.9 Mccrure$ert rnd Pcymcnt
PAi? 3 gFfcttl. PRovtstolls
PAR? { TECIINICAL PROVISIOHS
SEOtIOil .1.1 General
il.2 Wrll
PAIT 5
I Preuotmry Progrrm M.ddlrn PurBp ptorost
sBcttoN i.l
ADI'ERTT]EMEN?
l.I.0l Unn AtlOX fOR UD: s..l.d ropo.dr oo formr furnlth.d by thc
Orner rlll bc rrcclvGo by th. Clty ot lllrridiao, Iiaho, rt thi ldorldt B
Clty IlaU, Mr:rldtao, Idrho unttl 8:00 P. M. on , 1967,
and than pubucly opcoad rnd r.rd tr Conrtructlon of a D,rlnato WrlU
ln arcfidanoc slth Dmwlag!, lp.slu€rtlons rad oth.r ;ootttct Dooumaota
F.pctcd by Hsflncnn & Plrlc, Ooosultlng Englno6r'.
1.1.02 OON?nACT DOCUMEIITIII Dr.ulags, gpocllloltloo6, and oth.r
Cootrlgt Dooumcnt. tray b6 obtalnGd upon op9ueatldr at
Eoffaann (l flaha, C€niultlng f, rrglnorrt
2300 foot.Erl. tolrc, Idaho
up@ thc payn nt ol . doposll of t20.00 p.r r.t. fh. dsDoilt ehall be ln
chco} lsra ond rhall bt drarn payable to Hofro.nn t Flrho, lol.., ldcho.
lh. dcporlt b cach rot rlll bo rrfundod updr retuEr ot the Coatrlot
Douorm. ln goa aqrdltr6 rlot lltr thtn revin (71 drvr {oU&IrO
tha ePenlng of progorab .
l.1.03 PROOSAL GUARAlffll Drol Frogoral rhrtl br racoBDrrusd by rn
.oooptlblc fora of Prrpogal Gu.r6nty ln ao aeouit cqu.l lo tt l.r.t t D (10,
p.r c6nt of ths amrnt ot thc Prpporcl D.yrbL to thc Olty of X.rtdtao ..
a guarrntoe th.t lt tho Pmpord ls lE€gt8d, th. bt{}d.f r{l oxcoutc thr
ifootr.ot aod fib .oorptlblG ?orhmeaoc aad lrbor.trd Urt stol Pryo.nt
lo6dr dthrtr tcn (l0l dry! aftd tl* lward oI ,:arrsat.
1.1.0{ OWtlSn'8 RIORTS ,tESEmrED: lb. grty ot Merldlrn r6r.nyc. the
rlgbt to n! .st aily c all ProDo;elB God to xalvc roy formsuty or bohnlorltty
ln any lBoDcrd rlr th. lntar.rt of t]ha Ormr.
1.1,08 OOttnACffOR'S UOEISE3 lldoerr arc r€quir€d to hlw ! CLsD A
tcirho Pubtlc Workr contractorrr lteenie to cqrtnst the eqrk.
i. }.06 XONDIECruM!}IAITOT{ IN EMPLOYMEN* ETDDEN8 OT TTIIg WORT
WII.L IE R TI,'IRED ?O @UPLI WIITIIITE PREEIDEI'T'S E}GOU'NE ORDEI
HO. r l r L{ AtaD trrE PRovtslors op lxBcuttvE otDER xo, lotu s A8 lr -
CLUDDD TEREIIIt ?HE REQUIRDME}|?S EOR BIDDERS A!{D OOHTNAC?ORS
UNDER ?Iil8 ONDER ARE EXPIAINED It{ flIE SPEOINCAfiOHS.
l-l
qEottoN r.z
IrPORUATDN TOR BTDDERS
1.2.01 PROPOTIALS arr r.quGltod !r thc conrtrrrodoo of a dntnrOr rdl
,or the Ctty qf Morldtrn, ldrb. Iho Forcot lacludcdr
A 2{' dralnsge rrll to plcdrrco 700 C.P.ll. ot
gtouad std.
lUrI r hrtl b6 tr acotdaooa rtth Drorlngr, S9Gclllo*bos, aod
otlrG Cetr.at Docu$.ntr f.Dcr6d by ltroffoann e PIIIG, Coo.ultfrg
tEgt!fra.
A. lru Erch Foposrl rhclt bc &rd. o{r th3 tasu ftlrtld thlt&.r
by th8 Eryftmt crd trrcludrd ra qra ol thc Contt.at Do€un at., rnd rball
ba rubalttrd ln a .raled cnvdopr bcrrtng th. tltle of tbc rqrt md th.
naec oI tlr llddrr.
B. Dlrar.prool..i In carc of I dlf(.rmc. botra.n tha tugtrtrtod
aoount o, ths Proporal b,rltt3n ln wdr and tip rttpulctrd loour* rrltt.o
ln flgurce, the .tlp'ulct.d raount ltat€d ln r?lttoo wudr rhall ggwro.
C. Modlttcatlonr: Propoarlr rh.ll not clotal[ a y rccctltulrrlont
of tb. rrodr to b. doEe. Alto.nrts pcogoralt wrll nd be sonaldar.d un-
loar oallcd ttr. Oral ffopot.l! * modttlcrtlong wlll not bs eslldarcd.
D. E8lElnrtfd ol Contfagt flqpumott tnd Vlrlt,to SlLs latora 8ub-
BllUiE a Frogo8l, I'dders s hall caEfully axrmlne tht Dflslaga, ttrd thc
Sp.cf0ooUoBr, aod th€ gtharcontarct Docunarrtl, rhatl vlrlt th. at!. Of
work, a[d rhrll fully lnfsta thoeletrrls gr to sll .xlrtl[g cqrdltlqrt rod
llBltatlqrr, cnd rbrll lnolude ln tbs Propo.al . .uitr to @sllr tbc oort of
ell ltoor looludod ln th. Cootrast Doouro.rtr.
8. Dellrrcnr ot Pnoooralu PropoEal,i shall br dallwa.d by tha ttm. ond
tc thr Cacc ltlFil.t.d tn th. Adt Grtrr.mGnl . lt tr tlt .ol. r8.pon.$fllty
l-2
of the Bidder tc see that his Proposal is received in propertime. Any
Prcposal received after the scheduled closing time for receipt of Proposals
shall be returned to the Bidder unopened.
y Bidder may withdraw hls Proposal , either personally
or by telegraphic or written request, at any time prior to the scheduled closing
tlme for receipt of proposals.
posals wiII be opened and publicly read aloud at the
time and place set forth in the Advertisement.
I "2 "02 INTERPRETATION OF DOCUMENTS: If any person contemplating
submitting a Prcposal is in doubt as to the true meaning of any part of the
Drawings. Specifications or cther Contract Documents, or flnds discrepancies
in cr omissions frcm the Drawings or Specifications, he may submit to the
Engineer a written request for an interpretation or correcticn thereof. The
person submitting the request will be responsible for its prompt delivery. Any
interpretation or correction of the documents will be made only by Addendum
duly lssued and a copy of the Addendum will be mailed or delivered tc each
person receiving a set of the Contract Documents. Neither the Owner nor the
Engineer will be responsible for any other explanations or interpretations of
the Conrract Documents .
1.2 .03 ADDENDA: Any addenda lssued during the time of bidding, or fcrm.ing
a part of the Contract Documents Ioaned to the Bidder for the preparaticn cf his
Prcposal , shall be covered in the Proposal , and shall be made a part cf the
Conrract. Receipt of each Addendum sha]l be acknowledged in the Proposaj.
1.2.04 BIDDERS INTERESTED IN MORE THAN ONE PROPOSAL: No person,
firm, r-.r corporation shall be allowed to make, file or to be interested in more
than one Proposal for the same work, unless alternate Proposals are called
for. A perscn fj.rm, or corporation who has submitted a sub-proposal to a
Bldder, cr who has quoted prices on materials to a Bidder, is not hereby dis-
qualified from submitting a sub-proposal or quoting prices to other Bidders.
1 2 .05 PROPOSAL GUARANTY: Each Proposal shall be accompanied by a
certified check or bid bond acceptable to the Owner, in an amount equal to
at least 10% of the Proposal , payable without condition to the Owner as a
guaranty that the Bidder" if awarded the Contract, will promptly execute the
Agreement in accordance with the Proposal and the other Contract Documents,
and will furnish good and sufficient bond for the faithful performance of the
same, and for the payment to all persons supplying labor and materlal for the
work. The Proposal Guaranties of aII Bidders except the three lowest will
be returned promptly after the canvass of Proposals.
F. Withdrawal: An
G, Openinq: Pro
1-3
1 ,2 .06 PERFORMANCE BOND AND I,ABOR AND MATERIAL PAYMENT BOND:
The successfui Bidder, simultaneously with the execution of the Contract
will be requj.red to furnish a faithful Performance Bond in an amount equal
to one hundred per cent ( I00%) of the Contract Amount and a Labcr and
Material Payment Bond equal to fifty per cent (5 0%) of the Cont):act Amounu
said bonds shall be secured from a surety company satisfactory to the
Owner" The forms of the Bonds the successful Bidder will be required to
execute are included in the Contract Documents.
l-4
':\ ') -' ..1 , i-.
I.3.OI ?ItE TOI.LOWING PROPOSAI. I.5 IIEREBY MADE ?O:
Clty o Dacrtdtln, ld.ho
r.3.02 sttFUIltED AMolrtltt tte Uadrilllard lrcrby F?tt.. aad
tlrara to tunrlsh 6U ths nco63'rry lcbc, matdials, rqulpEaotr tqilt,
lld a.rrdoa. .t.oar stry lot th€ oottnstloo gl
Drarnsge Wcll
rll tn aqdrnc xlth tho Drarlag., Spcclllaltioas, a d di.r O€tttllot
f,toeu!.ota gt 9arud by Sctlurno & ?lrhr, Con.ultlnE Englolrr. Fl thr
unlt Fto.r rhorn ln tho rtreh.d Ud 8oh.dul..
1.3.0i ffOIvIIDGE Or IOOAL @IlDmOlfs AllD COUIIAO? DOCUMEtfftlr
?b. Uod€r.fgned hta exenlnrd th. looaUqr o, thc p.?posod lrc(t, th. Dras-
lngr, Spaalga.tlon! 6nd othcr Cor*ract DocumGntt. aod It LButrf rlth th6
looal qrdltlons ct tha glroo ulrarc thg u(rrh r3 to ba prrictD.d.
t.3.0{ ?nOPOSAL GuAlAlfffr the Proporal cuaranty rttsehcd. rlthout
.odr..m.fi, ln thc sum of nst hrs thrn t.n pd ccnt (10[] of thr.spunl
o{ tnl ?roporcl, !s frrolrhed to ttra Ornor a. a grrorrntoc tbst tb. ltila -
Eaot wlU bG .x.outod and a hlonarace load and a labor aI}d l.tlifrl
Pr?r.nt load lr*nlrhed ulthln t.n (l0l dryr a&or award ol th. Cctrrot
to ttu Urdmlgncd. E thit thG Undrr.lgned rttl pay t9 th. frmr th.
dlfrrcncc b.tra.n th. otrFilrtad aeount oI thlr ProDosal rnd ruoh l.rger
aatllt tr rtlch thi Ortrcr oay ln good ,rlth contraet ulth .n*t r prny
to B.tGcaa th€ F k oowrod by thlr Proporal, D.ovld6d thrt ruch p.yEr.tlt
rbrll h lralt d to tb. reount of tbe ?rcporal Clurranty.
r.3.0t DrEgt ltoil or Aonltxll.? A}lD runxlsExG totfDf,r tvltbrD
tra (tOl dryr rfrrr b.lng rwlrd.d ths Cootr.ct, thc Unda{tgoed 69!...
to ax.{rut. thc 6ru ol Agraonaat lnaludad ag orrr oJ tic Ooatttat Doou-
B.ntl, rnd u, flfnllh e Periormnce land ln rn.nolrot cquat ta l00lr ot
tha Ooiltrtot t' racunt alrd r LboE and MrtGrid Pa!ryoant lond tn ro rnourt
cgurl to $0t oI thc Oontnot AmuBt.
I.3.06 IDDSDAT tln Undrrlgnod hroby cohodrdg.r rtoelrt of th.
6llorl,rg addrodtt
l-5
1.3.07 SUE-CO$mAC?OR!i! sub-ooatractori to bc uced qr thl. foroat.tE:
1.3.00 @HtiACf lll{E: lf .wrrdoal ths Oontraet, th. Uodoillgnod trr..
to frDlSc thc rqt ilthrn 60 dryr of the ooBBansameot ol tlr. Oontr.ctllx ae dcfln d ln tho Censrl Coodltloris or th. Cqrtr'!€t.
1.3.0t Owlllntg RIGB?II RISERIID: lllc Undcr.lg;rcd understrndr th.t
tha Grrar rGlclvar the dght to r.r.ct any or all Proposolc or to urlrrc anyfa.llry C hohnlcslrty lB rny P]opoe3l lo thr lAtcre.t o[ tbs Orrnrr.
Install and Remove Test Pumps
Testing for Yield and Drawdown
Filllng abandoned well
Item No.
B]D SCHEDULE
Item
Setting Up and Removing Drilling Xquip. L.S .I
Drilling 24" Uncase Hole L.F. IOO
Furnish and Install 24' Perforated Casing L.F. 100
I
2
J
4
5
6
L.S. 1
Hrs. 18
L.S. I
THE ABOVE PROPOSAL IS HEREBY RESPECTFULLY SUBMITTED BY:
Contractor
By Title
City State
Date
l-7
Unit
Unit Quantity Price Amount
t-l
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tlrtr ,(I
:ts c:Ellngns trTlo.tt-.)xdBcu x8lrulH sI lvsodoud rAoxv illtJ,
OI
1
001
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I
Tm!&T --Erfif-e3-u65
tltln
{lropii.ro lrur plru ,s, SuIrtaI
r{url l.rJ .neeu pw ltr8fol
iler8ul 3 t{r}urnJ
ttre pllr'qr0 ,!t t{l*t S !
.d1nbt &1mrg fir1eolurt pur aitc1$t8 I
@ .iffi
trtllr-!illcs clg
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Contract Agreement
l-8
SECTION I .4
CONTRACT AGREEMENT
Citv of Meridian
hereinafter called the OWNER. and
witt and Son Driliino
A Drainaqe W ell
hereinafter called the PROJECT, in accordance with the Drawings, Specifi-
cations, and other Contract Documents prepared by Hoffmann & Fiske,
Cons ulting Engineers .
NOW, THEREFORE, The OWNER and CONTRACTOR for the considerations
hereinafter set forth, agree as follows:
7.4.02 THE CONTRACTOR AGREES to furnlsh all the necessary labor, mat-
erials, equipment, tools and services necessary to perform and complete in
a workmanlike manner al] work required for the construction of the project,
in strict compl.iance with the Contract Documents herein mentioned, which
are hereby made a part of the Contract, including the following Addenda:
Addendum No.Dated
October 23, 1967
A. Contract Time: Work under thls A greement shall commence upon
written notice to proceed, and shall be completed within 60 calendar
days of the commencement of the Contract Time as defined in the General
Conditions of the Contract .
B. S ub-C ontractors: The Contractor a grees to bind every subcontractor
by the terms of the Contract Documents. The Contract Documents shall not
be construed as creating any contractural relation between any subcontractor
and the Owner.
I
1-9
I.4.01 THIS AGREEMENT, made as of the Ninth day of
November lg_SL_, by and between _
hereinafter called the CONTRACTOR.
WITNESSETH, That whereas the owner intends to have constructed
No Date
2
1.4 .03 THE O \,\AIER AGREES to pay, and the CONTRACTOR agrees to accept
in full payment for the performance of this Contract, ln accordance with the
provisions of the Contract Documents. the lump sum total unit prlce and the
Schedule of Unit Prices for contract adjustment as listed in the Bid Schedule
of the PROPOSAL .
Progress Payments will be made in accordance with the General Con-
ditions of the Contract ,
1.4 ,04 CONTRACT DOCUMENTS: The Contract comprlses the Contract
Documents listed in Paragraph 2. 1.01 of the General Conditions of the
Contract. In the event that any provislon of one Contract Document con-
flicts with the provision of another Contract Document, the provislon in
that Contract Document first listed below shall govern.
Contract (This Instrument)
Addenda to Contract Documents
Remaining Legal and Procedural Documents
l. Proposal
2. Information for Bidders
3. Advertisement
Special Provisions
Technical Provisions
Drawings
General Conditions of the Contract
Bonds
1. Performance
2. Labor and Material Payment Bond
3. Proposal Guaranty
1.4.05 AUTHORITY AND RESPONSIBILITY OF THE ENGINEER: All work shall
be done under the supervision of the Engineer. The Engineer shall decide
A
B
C
D
E
F
H
1- t0
any and all questions which may arise as to the quality and acceptability
of materials furnished. work performed. rate of progress of work, interpre-
tation of Drawj.ngs and Specifications and aII questions as to the acceptable
fulfillment of the Contract on the part of the Contractor.
I.4.06 SUCCESSORS AND ASSIGNS: This Asreement and all of the
covenants hereof shall inure to the benefit of and be binding upon the
Owner and the Contractor respectively and his partners, successors,
assigns and legal representatives. Neither the Owner nor the Contractor
shall have the right to assign, transfer or sublet his interests or obligatlons
hereunder without written consent of the other party.
1.4,07 IN WITNESS WHEREOF, the parties have made and executed
this Agreement the day and year first above written.
/.^-A,g
Witt and Sons r11l in o
Contractor
By Dcn M. Storey
Al l ST
Title Mayor
728 l{rrldter Strcot
l--Busines s Addres s
Mrrittlrr,Idrho. $UA
StateCity
n f Cortlf! thrt thir ir r trur erd correct copyr,.
Ilrreld J. Cox
City Clrrt,
City of Mrridlu.
1- I I
/
U
SECT]ON 1.5
B]D BOND
] .5 . O 1 KNO,'',/ ALL MEN BY THESE PRESENTS , thAt WC
of
hereinafter called the Obligee, in the sum of
Dollars
($, for the payment of which sum
well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors. administrators, successors and assigns,
jointly and severally. firmiy by these presents,
1.5.02 WHEREAS, The Principal has submitted a bid for
1. S .03 NOW, THEREFORE, if the Obligee shall accept the bid of the
Principal and the Principal sha]I enter into a Contract with the Obligee in
accordance with the terms of such bid, and give such bond or bonds as may
be specifled in the bidding or Contract Documents with good and sufficient
surety for the faithful performance of such Contract and for the prompt pay-
ment of labor and material furnished in the prosecution thereof or in the
event of the failure of the Principal to enter such contract and give such bond
or bonds, if the Principal shall pay to the Obligee the difference not to ex-
ceed the penalty hereof between the amount specified in said bid and such
larger amount for which the Obligee may in good faith contract with another
party to perform the work covered by said bid, then thls obligation shall be
null and void, otherwise to remain in fuil force and effect.
1.5.04 SiGNEDAND SEALED this _ day of
In the Presence of:
A.D. t9
Witness
(SeaI)
TitIe
S urety
Witness
L- t2
Title
(Seat)
hereinafter called the Principal , as Principal , and the
t h " ffi ;, ". : i,'J;11'j'J":;Y, "i:'Jn",X ::i:'
held and firmly bound unto the
SECTION I.6
PERFORMANCE BOND
1.6.01 KNOWALL MEN BY THESE PRESENTS thAt
as Prlncipal , hereinafter called Contractor,
as Surety. hereinafterand
called Surety, are held and firmly bound unto
as Ob]igee, hereinafter called Owner. in the amount of
Doilars ($
for the payment whereof Contractor and Surety bind themselves, their heirs,
executors, admlnlstrators. successors and assigns, jointly and severally,
firmly by these presents.
, 19_, entered into a Contract with Owner for construction of
in accordance with drawings and specifications prepared by Hoffmann & Fiske,
Consulting Engineers, which Contract ls by reference made a part hereof,
and is hereinafter referred to as the Contract.
1.6.03 NOW, THEREFORE, THE CONDITiON OF THIS OBLJGATION iS SUCh
that, if Contractor shall promptly and faithfully perform said Contract, then
this obligation shaII be null and void; otherwise it shall remain in full
force and effect.
A. The Surety hereby waives notice of any alteration or extension of
time made by the Owner,
B, Whenever Contractor shall be, and declared by Owner to be in
default under the Contract, the Owner having performed Owner's obligations
thereunder, the Surety may promptly remedy the default or shall promptly
dition s .
2. Obtain a bid or bids for submission to Owner for completing
the Contract in accordance with its terms and conditions, and upon deter-
mination by Owner and Surety of the lowest responsible bidder, arrange for
a contract between such bidder and Owner, and make available as work
progresses (even though there should be a default or a succession of de-
faults under the contract or contracts of completion arranged under this
paragraph) sufficient funds to pay the cost of completion less the balance
1- 13
1.6.02wHEREAS,Contractorhasbywrittenagreementdated-
1. Complete the Contract in accordance with its terms and con-
of the Contract price; but not exceeding, including other costs and damages
for which the Surety may be liable hereunder, the amount set forth in the
first paragraph hereof. The term "balance of the Contract price", as used
in this paragrraph, shall mean the total amount payable by Owner to Con-
tractor under the Contract and any amendments thereto, less the amount
properly paid by Owner to Contractor.
C. Any suit under this bond must be instituted before the expiration of
two (2) years from the date on which final payment under the Contract falls due.
D. No right of action shall accrue on this bond or for the use of any
person or corporation other than the owner named herein or the heirs, exec-
utors, administrators or successors of Owner.
1.6.04 SIGNED AND SEALED this
lq
(seaI)
Principal
(Principal) Secretary
(Seat)
By
Witnes s as to Principal Address
Address
ATTEST
(Surety) Secretary
Surety
B
Attorney in Eact
(seal)
Witnes s to S urety
Address
1- l4
day of A.D.
ATTEST
Addres s
SECTION 1 .7
I.ABOR AND IVIATERAL BOND
].7 . O i KNOW ALL MEN tsY THESE PRESENTS thAt
as Principal , hereinafter called
Principal. and
as Surery, hereinafter called Surety, are held and firmly bound unto the
hereinafter called Owner, for the use and benefjt of claimants as hereinbelow
defined, in the amount of
Dollars ($) for the payment
whereof Principal and Surety bind themselves, their heirs, executors , admtn-
istrators, successors and assigns, jointly and severally, firmly by these presents.
L.7 .02 WHEREAS,
t9=-,
Principa] has by written agreement dated
entered intn a contract with Owner for constructicir of
in accordance with drawings and specifications prepared b), Hotfmanr,. Fisre
and Milar, Consulting Engineers, which contract is by reference rnade a part
hereof, and is hereinafter referred to as the Ccntract.
I.7,03 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION rs such
that if the Principal sha11 promptiy make payment tc a.lI cla,nanrs ;rs herern-
after deflned, for all labor and material used or reascnabLy requirec for use
in the performance of the Contract, then thjs cbligatian shali be vcjd; cther-
wise it shall remain jn fuII force and effect, subject, howerzer, tc tho foi.lovi'-
ing conditions:
A. A claimant is defined as one having a direct colltract with the Prirrclpal
or wirh a subcontractor of the Principal for labor, materia.l., or bct]-r, useC cr
reasonably required for use ln the performance of the Contract, Iabor and mat-
eriai beii-rq construed tc include that part of water, gas power, iight" heat, oil ,
gasoline, telephone service or rental of equipment directly applicable to the
Contract,
B. The above named Principal and Surety hereby jointly and severally
agree wlth the Owner that every claimant as herein defined, who has not been
pard in full before the expiration of a period of ninety (90) aays after the date
on vrhjch the last of such claimant's work or iabor was done or perfcrmed, or
roaterials were furnished by such ciaimant. may sue on this bond for the use
of such claimant, prosecute the suit to final judgment for such sum or sums
as may be justiy due claimant, and have execution thereon. The Owner shall
not be llable for the payment of any costs or expenses of such suit"
]-15
C, No suit or acticn shall be commenced hereunder by any claimant
1. Unless claimant, other than one having a ciirect ccntract with the
Principal , shall have given written notice to any two of the following: The
Principal . the O-"^/ner, or the Surety above named , within ninety (9 0) days
after such cla.imant did or performed the last of the work or labor, or furnish.ed
the last cf the materials for which said claim is made, stating with sub-
stantial accuracy the amcunt claimed and the name cf the party to whom the
materrals were furnished, cr for whom the work or labor was done or performed,
such nctice shall be served by mailing the same by registered mail or certified
mail , postage prepaid,if an office is regularly maintained for the transaction
of l:usiness, or served in any manner in which legal process may be served
]n tiie state in which the aforesaid project is ]ocated, save that such service
need not be made by a public offlcer.
2 " After the expiratlon of one (I) year following the date on which
Principal ceased work on said Contract, it being understood. however, that
if any limitation embodied ln this bond is prohibited by any 1aw controlling
the construction hereof such limitation shail be deemed to be amended so as
tc be equal to the minimum period of limitation permitted by such law.
3. Other than ln a state court of competent jurisdictlon in and for
the county or other political subdivision of the state in which the p):ojeci or
any part he::eof is sltuated, or in the Unlted States District Court to: the dis-
trict in rvhich the project, cr any part hereof, is situated, and nct e.isewhere.
D. Ihe amcunt of this bond shall be reduced by and to the extent of an),
payment or payments made in good faith hereunder, inclus.ive cf the payment
by Surety of mechanic's liens which may be filed of record against said
irnp.ovement, whether qrr not claim for the amount of such lien be presented
under and against this bond,
I .7 .04
I9
SIGNED AND SXALED this A,D
ATTEST'
Principal(Principal) Secretary
B
Witness as to Pr:incipal
Address Addre s s
ATTEST
{Suretyi Secretary
Writnes s as tc Surety
B
S urety
Address
t- I6
Attorney in Fact
day of
PART 2
GENERAL CONDITIONS OF THE CONTRACT
SECTION 2. I
DEFiNITIONS
2. t.ll i CONTRACT DOCUMENTS: The contract comprises the follcwing
Jocun.ents, including all additions. deletlons, and modifications incorporated
ttrert:i-t beiore the execution of the contract agreement'
A. Legal and Procedural Documents
I. Advertisement
2. Information for Bldders
3. ProPosal
4. ProPosal GuarantY
5. Contract Agreement
6. Performance Bond
7. PaYment Bond
B. General Conditions of the Contract
C. Special Provisions
D. Technical Provislons
E. Drawings
I
2-l
2.I.02 OWNER: The party of the first part, the municipality. person or
persons, firm or corporation, his or its authorized agent or ]egal representat-
ive, named j.n the contract documents as the party or parties unto whom the
contractor is bound for performance of contract obligatlons under the terms of
the contract documents of which this is a part.
2 " 1.03 ENGINEER: The engineer, duly authorized by the Owner acting
directly or through an assistant or representatjve.
2.1"04CONTRACTOR:Theindividual,partnership,firmorcorporation
executing the contract, acting directly or through his lawful agents or employ'
ees, who is primarily liable for the acceptable performance of the work for
rvhich he has contracted, and also for the payment of all, legal debts pertaining
to the wo rk .
2 , 1 " 05 SUB CONTRACTOR: Any person, firm, or corporation with a direct
contract with the contractor who acts for On in behalf of the contractor in ex-
ecutinq any part of the contract, but does not include one who merely furn-
ishes material .
2.1.06 SUPERINTENDENT: The executive representative for the contractor
present on the work at all times during progress. authorized to receive and
fulfill instructions from the Engineer and capable of superintending the work
efficiently.
z,l.o7 INSPECTOR: An authorized representative of the Englneer asslgned
to make aII necessary inspections of the work performed or being performed '
or of the materials fumished or being fumished by the Contractor '
2'1.08SURETY:Thecorporatebodyorindividualswhichareboundby
theperformancebondandthepaymentbondwithandfortheContractor,and
$,hich enqage to be responsible for the entire and satisfactory fulfillment of
rhe contract and for the payment of aII lawful debts incurred in fulfilllng the
contract.
2 . i . Cg PROPOSAL: The offer of a bidder to perform the work descrlbed
rn the Contract Documents when made out and submitted on the prescribed
Proposal Form properly signed and guaranteed '
2'1.}oPRoPoSALGUARANTY:Thecashlerscheckorbidbondaccompany-
ins the proposal submitted by the bidder, as a guaranty that the bidder will
enter into a Contract with thl Owner for the construction of the work if the
ccntract is awarded to hlm.
Z- L
2.1.11CoNTRACT:Theagreementccveringtheperfcrmanceofthework
described in the contract Documents including a1i suppiementai agreements
thereto and all general and special provisions pertaining to the worK or
materials therefor.
2.l,T2PERFoRMANoEBoND:lheapprovedformofsecurityfurnished
bytheContractorandhissuretyasaguaranteec'fgccdfaithandabilityon
the part of the contractor to execute the work in acccldance with the terms of
the plans, speciflcations and contract.
2.I.13PAYMENTBoND:TheapprovedformafSecurityfurnishedbythe
contractor and hls surety as a guarantee that he will pay in fuil all bills and
accountsformaterialsandlaborusedintheconst:r'rctic:-'fthewcrk,aspro-
vided by law.
2.1.14 SPECIAL PROVISIONS: The specifrc clauses setting forth conditions
or requirements peculiar to the project under consrderatlc'n, covering work or
materials involved in the proposal and estimate, whicl-' a!'e not thoroughly or
satisfactorily stipulated in the specifications. special Ft":visicns shall pre-
vail over the General Conditior,s and Technical PrJVisions '
2. t . 15 TECHNICAL PRoVISIoNS: The technical specj fr-cation's covering
the furnishing of the materiais and performance cf tL'e w''rk "
2. t. 16 DRAWINGS: The offucia., plans, working drawings cr supplemental
drawings or exact reproductions tl.ereof , approved by ihe Engrneer' which show
the ]ocation, character. dirnensicns and detaiis .'., f the p..:.ec: an'd the work
tobedoneandwhicharetobeccrsideredaSapart..tl.eccrt::act.
Z.I.ITNoTICEoFAWARD:AwrittennoticetothesuccessfulBidder
stating that his bid has been accepted and that, in acc:rdance with the terms
of the notice to contractors and the specifications, he is required to execute
the contract and fumish satisfactory contract bond'
2.i.lSNoTICEToPRoCEED:AwrittennoticetotL,eContractorofthe
dateonwhichheiStobeglntheprc|secutionoftheworkforwhichhehas
contracted.
2.I.igSUPPLEMENTALAGREEMENT:Awrittenproposalandagreement
executedbytheContractcrandbytheowner,withtheconsentoftheCon-
tractor's surety covering work not included in the plans and proposal or as
specified which is necessary tc the proper completion cf the prcject'
2,1,20 CONTRACT CHANGE ORDER: An instrument whereby the Contractor
is directed to perform work which is within the scope of the contract and which
may be issued wlthout his or the surety's consent, subject to limitations of
these General Conditions .
2 ,1.21 THE WORK: AI1 work including the furnishing of materials , tools ,
equipment, incidentals, etc, . to be performed by the Contractor under the
terms of the contract, plans and specifications.
Z, L.22 INTENTION OF TERMS: Whenever, in these specifications or upon
the plans, the words "directed. "required", "permitted'r, "ordered", "desig-
nated", "prescribed", or words of ]ike import are used, it shal] be understood
that the direction, requirement, permjssion, order, designation, or prescription
of the Engineer is intended; and similarly. the words "approved" ,"acceptable,,,
"satisfactory", or words of like lmport, shall mean approved by or acceptable
to, or satisfactory to the Engineer subject in each case to the final determin-
ation of the Owner .
Any reference to a paragraph or subparagraph wlthln a section shall include
the general provision of the section or sectlons and paragraph pertinent thereto.
2,.L,Zl WRITTEN NOTICE: Written notice shall be considered as served
when delivered in person or sent by registered mail to the individual, firm, or
corporatlon or to the last business address of such known to him who serves
the notice .
2,1,24 ACT OF GOD: This means an earthquake, flood, cyclone or orher
cataclysmic phenomenon of nature. Rain, wind, flood or other natural pheno-
menon of normal intensity for the locality shail not be construed as an Act of
God and no reparation shall be made to the Contractor for damages to the
work resulting therefrom .
Z ,1.25 RIGHT OF WAY:
acquired for the project.
AII lands or other property lnterests provided or
2,1,26 ABBREVIATIONS:
AASHO - American Association of State Highway Officials
ASTM - American Society for Testing Materials
ASA - American Standards Association
AWWA - American Waterworks As sociationACI - American Concrete Institute
2-4
2.1.27 CALENDAR DAYS:
and holidays included.
Every day shown on the calendar, sundays
2. L.28
Contract.
PAY ITEM: An item for which payment is to be made under the
2,1.29 SPECIFICATIONS: The Legal and Procedural Documents. General
Conditions of the Contract, the Special Provisions and the Technical Provisions
with all addenda thereto "
I
2-5
PART 2
GENEFAL CONDITiONS
SECTION 2.2
PROPOSAL REOUIREMENTS AND COND]TIONS
2.2,01 ADVERTISEMENT: An official notice to Contractors stating the
time and place for the submissicn of sealed proposals upon designated projects
or proposed work. This notice will contain a description cf the proposed work,
instructions to the Bidder regarding proposal forms, prcpcsal guaranty, plans,
speciflcations, arrd the reservaricn of the right of the Owner to reject any or
ali bids .
2.2.02 PROPOSAL FORMS: Propcsal Fcrms are inciuded with these speci-
fications for the preparaticn of Cortractors proposars.
2.2 .03 INTERPRETAT]ON OF LSTIMATES: An estimate of quantities of work
to be done and materials to be furnished under these specif.ications is given
in the proposal It is the resu,t of careful calcu.Iar j.rl-.s and is believed to be
correct, but it is given only as a basis for comparison cf proposals and the
award of the contract. The Owner does not expressiy or by implication agree
that the actual quantities involved will correspcnd exactiy therewith; nor shall
the Bidder plead mi s understandin g <rr deception because of such estimates of
quantities, or of the character, lucation or other condj.tir:ns pertaining to the
work. Payment to the Contractor u,ill be made only fcr the actual quantities of
work performed or materials fumished i.n accordance with the plans and specifi-
cations and it is understood that the quantities may be lncreased or diminished
as hereinafter provided without in any way invalidating tl:e urit bid prices.
2.2.04 EXAMINATION OF PIANS, SPECIFICATIONS, SPECIAL PROVISIONS
AND SITE OF WORK: The bidder is required to examine carefully the site of
the proposed work, the proposal , plans. specifications, special provisions
and contract forms before submitting a proposal . It is mutually agreed that sub-
mission of a bid shall be consldered prima facie evidence that the bidder has
rnaCe sr:ch examination and is satlsfied as to the ccnditions to be encountered
in performing the work and as to the requirements of the plans, specifications,
supplemental specifications, special provisions, and ccntract"
2.2.05 PRXPARATION OF PROPOSAL: The Bidder must submit his proposal
on the forms fumished by the Owner. AlI blank spaces in the proposal forms
nlust be correctly filled in where indicated for each and every item for which
a quantity is given. and the Bidder must state the prices for which he proposes
to do each item of the work contemplated or furnish each item of the materlals
required.
2-6
The Bidder must sign his propcsal correctly and in ink. If the proposal
is offered by an individual . tris name, office, and pcst office address must
be shown. If made by a firm or partnership the name, office and post office
address of each member cf the frrm cr partnershlp must be giveni lf offered by
a corporation the person signing the proposal must give the name of the State
under the laws which the corpcrarion was chartered, and the name, titles,
ancl business address of the President, Secretary, arrd the Treasurer. Anyone
signlng a proposal as agent must fiie legal evidence of I'lis authority to do so,
and that the signature is binding upon the firm or ccrp,rration.
2.2.06 REJECTION OF PROPOSALS: Prcposals ccntaining any omission,
alterations of form, additions or conditions not ca]Ied for, conditional or alter-
nate bids unless called for, rnccrmplete bids, or p::cpc-.sais otherwise regular
',,vhich are not accompanied bv a certified check i: acceptaoie collateral will
be considered irregular and may be iejected" The Ou.r-.er reserves the right to
waive technicalities as to change, alterations, u: !eservatr.ns and make the
award to the best interest of the Ownei.
Z "2 .07 PROPOSAL GUARANTII; Each separate pfcp,:,sal shall be accompanied
by a certified check or acceptar.le ccllateral in the amcunr of ten (10) per cent
of the total amount bid, made paf,3ble to the Owner" A bid bc,nd in lieu of a
certified check will be acceft..lL)lc,
Z.Z .OB DELMRY OF PROPOSAL: Each pr:oposal srrbmitted shall be placed
:in a sealed envelope plainiy marked w-ith the project ::.ame, Ic;cation of prorect,
the name and address of the Bidderun the outsrde, When sent by mail , pre-
ferably registered, the sealed proposal , marked as :nd;cated above, should
be enclosed in an additional envelope. No propc sa.i ivjll be considered unless
filed on or before the time and at the place designated in the advertisement
or Special Provisions .
lnstructj.ons sent by telegraph or mail modifying proposals previously sub-
initteil will be accepted if received prior to the time specified for opening pro-
i-rosals. Such modlfying telegram or letter wifl not be considered unless signed
by a person authorized to sign proposals,
?.2.C9 WITHDRAWAL OF PR-OPOSALS: Any Bidder, upon his or his authorized
representative's written request, will be given permissian to withdraw his pro-
posal not later than the time set for opening thereof. At the time of opening of
tLLe proposals, when such proposal is reached. it will, be returned to him unread.
2,2.10 PIIBLIC OPENI\TG Cf PROPOSALS: Proposals will be publicly opened
and read on the date and at the hour and place set in the Advertisement or In-
formation for Bidders. Pr<;posals received after the time set for the opening
2-7
will be returned to the Bidder unopened "
2.2.L\ COMPETENCY OF BIDDERS: Each Bidder shall furnish the Owner
with satisfactory evidence of his competency to perfcrm the work contemplated.
2,2.12 DISQUALIFICATION OF BIDDERS: Any one or more of the following
causes may be considered as sufficient for the di sq r,alification of bidder and
the rejection of his bid or bids:.
More than one proposal for the same work from an individual , firm, part-
nership, or corporation under the same or different names..
Evidence of collusion among Bidders. participants in such collusion
may receive no recognition as bjdders for any future wol.k "
Unbalanced proposals rn wl-.ich the prices for some j.tems are out ofproportion to the prices for cther items.
Failure to submit a unit price for each item of work for which a bid price
is required by the proposal .
Lack of competency.
Lack of responsibility as shcwn by past work judged frcm the standpointof workmanship and progress.
Uncompleted work whrch , in the j udgment of tlie Cwner, might hinder orprevent prompt completion of additional work if awarded,
For being in arrears on exrsting contracts, in litigation with the owner,or having defauited on a previous contract.
2 ,2 .13 MATERIAL GUARANfi-: Before any contract is awarded the biddermay be required to fumish a complete statement of the origin, composltlon ormanufacture of any or all materlals proposed to be used in the constructionof the work, together with samples, which may be subjected to the tests pro_vided for in these specifrcations to determine their quatity and fitness forthe work .
2 '2 '14 REOUIREMENTS FoR FOREIGN coRPoRATIoN, r'iRM PARTNERSHIP,oR INDIVIDUAL: Foreign corpcrations must confcrm to the statutes of thestate. Before an award is made to a foreign corporatian a certificate fromthe secretary of state wi]l be required by the owner, showing that such cor-poration is authorized to do business in the State.
2-8
PART 2
GENERAL CONDJTJONS
SECTION 2 .3
AWARD AND EXECUTION CF CONTRACT
2 .3 ,0,I CONSIDERATION OF PROPOSALS: After the proposals are opened
and read, the quantities will oe extended and totaled in- accordance with the
bid prices, of the accepted proposals, and the results cf the prices will be
made publlc, Unlil the final award of the contract, the Cwner reserves the
right to reject any or all proposals, to waive technicalities and to advertlse
for new proposals, or proceed to do the work ctherwise when the best interest
of the Owner will be promoted thereby.
2.3 ,02 AWARD OF CONTRACT: An award of the cc rt::act wi}l not be made
until the necessary investigations are made as ti-. tl e respcnsibility of the
low bidders. Notiqe of award of ccntract will be made by the Owner, upon
the recommendation of the Engineer, to the lowest respcnsibie bidder meetlng
the requirements of the Owner, and will be made \^,ithin thirty (30) calendar
days after the opening of the proposals.
2.3.03 RETURN OF PROPOSAL GUARANTIES: As socn as rhe prepesal prlces
have been compared. the Engineer may, ar his discret:i nr ieturn the certified
checks or other collateral eccompanying thcse prcp.-sa s \rl.lch, in his judgment,
would not be considered in making the award . When :rn. a d i s made , the suc-
cessful bidder's collateral oniy wrll be retained uli:i '.hc contract and bond
have been executed, after which it will be returr,eci t, tt.e stdder. Should the
award be delayed more than thirty {30) days ati b:dders'cc.,jateral will be re-
turned, unless such delay is frc'm causes be,vond ff:e cort:...: rf the Owner.
2.3.04 REQUIREMENTS OF PERFORMANCE BOND: The Bidder to whom the
contract is awarded at the time of the execution cf the contract, must deposlt..^/ith the Owner a surety bond in sum equal to one hundred il00) per cent of
the amount of the contract awarded, guaranreeing faithful performance. The
form of tl:e bond ls furnished ln section I.6 and shall be executed by a company
Iicensed to do business in the State.
2 .3 .05 REQUIREMENTS OF LABOR AND I\{ATERAL PAYMENT BOND: The
bidder to whom the contract is awarded at the time cf rhe execution of thecontract, must deposit with the cwner a surety bond ln sum equal to fifty (so)
per cent of the amount of the contract awarded. guaranteeing the payment ofaII 1abor, materi.als, rentals, etc. The surety sball be acceptable to theowner. The form of the bond is furnished in section 1.7 and shall be executedby a company licensed to do business in the State.
2-9
2 .3 .06 E)GCUTION OF CONTRACT: The individual . firm, partnershlp or
corporation to whom or to which the contract has been awarded, shall sign the
necessary agreements entering into a contract with the owner and return them
to the office of the owner within ten (r0) aays after the contract is malled.
2,3.07 APPROVAL OF CONTRACT: No contract is binding upon the Owneruntil it has been executed by the owner and delivered to the contractor.
2 .3 .08 FAILURE TO EIGCUTE CONTRACT: Failure to comply with any of
the requirements of these specifications, to execute ccntract within ten (I0)
days after mailing as specified, or to furnish security as required shall be just
cause for the annulment of the award, In the event of such annulment of theaward, the amount of proposal guaranty shal] beccme the prcperty of the owner,
not as a penalty but as liquidated damages. Award may then be made to the
next best qualified Bidder. or the work re-advertised, or handled as the owner
may elect .
2- I0
PART 2
GENERAL CONDITIONS
SECTION 2.4
SCOPE OF WOR]<
2.4.01 INTENT OF PIANS AND SPECIFICATIONS: The inrent of the plans
and specifications is to prescribe a compJ.ete work or improvement which the
Contractor undertakes to do rn full compliance with the drawings, the speclfl-
cations, the special provisior.s, propcsal, and contract.
2.4,02 SPECIAL WORK: Proposed constructicn and requirements not covered
by these specifications will be covered by the Specia-r provisions, and shall
be performed or complied with it).tf e Contractc.: as he.r,:rr. prcvided.
2,4,03 VARATION IN QUANII'-rjIS OF CONTRACT |TEMS: The Engineer
reserves and shal] have the r.qhr t:r make such ch,rnges, from time to time,
in the plans, the character or quantity of the work as may be considered nec-
essary or desirable to complete f,,iiry and acceptably the proposed constructlon
in a satisfactory manner, provided such alteratiorrs do not change the total
cost of the project, based r)n the r:,riglnaily esrimated quantities and the unitprices bid, by more than twent),-five (2S) per cent, and prcivided further that
such alterations do not change the tc,tal cost of any major item, based on the
originally estimated quantlties and the unit price bid, by more than twenty-five
(25) per cent. (A major item shall be construed to be any item, the total cost
of which is equal to or greater than ten (to) per cert cf the total contract price,
computed on the basis of the propcrsal quantity and the contract unit price).
Changes within the abcve rrmits do not requj.re a Clrange Order.
Should any of the changes not requiring a Change Order be made asprovided herein, the Contractor shall perform the work as altered, increased,
or decreased at the contract unit price or prjces.
2,4.04 CIIANGE ORDERS AND EXTRA WORK: The Engineer may at any time,
by a written order and wjthout notice to the Surety, make any changes in theplans and,/or specifications of the contract and witbir. the general scope
thereof that changes the character of the work or that adds new work which
is not otherwise required by the terms of the contract. If such changes cause
an increase or decrease in the amount due under the contract, or in the time
required for its performance, an equitable adjustment shall be made and the
contract shall be modified in writing accordingly. If the contractor does not
agree to the adjustment, he shatl give the Engineer written notj.ce upon re-
ceipt of the order and befcre beginning the wo::k affected by the change. Any
2- tt
claim of the Contractor for adjustment under this sub-secriorr must be asserted
in writing within fifteen (tS) aays from the date cf receipt by the Contractor
of the notification of change. :f the parties fail to agree upon the adjustment
to be made, the work may be d!-ne by Force Account, o! settled by arbitratlon.
The Contractor shall not start work on any aLteration requlring a Change
Order until the agreement setting forth the adjusted prices sha1l be executed
by the Owner and the Contractor.
Contract Change Orders shall be used to authorj ze and accomplish the
following:
A. Price adjustments ()n major contract rtems when their quantities are
increased or decreased by more tharr 25% of the or:ginai contract quantities.
B. Extra work (new items) at agreed unit cr iump sum prices.
C. Price adjustment on contract items due tc changed condltlons.
D. Changes in Specifications or Special Prcvjsions or major changes
in plans .
E. Extra work on a Force Acccunt basis,
f. Extra work at stipulated prices where the methcd of payment is stlpu-
Iated in the Specifications or Special Prc,visj.ons.
G. Adjustments in contract tjme which are justifiable as a result of the
work shown on that specific individual change order.
2,4.05 FORCE ACCOUNT WORK: If the Engineer determines that extra work
is necessary within the scope of the contract and that the basis for an equtt-
able adjustment is not readily apparent, or that the quantity and,/or nature of
the work cannot be determined in advance, or thar the work is of an emergency
nature requiring immediate action, the Engineer may order the Contractor, ln
writing, to do such work on a force account basis.
AlI work done on a force account basis will be paid for in full as specifled
in the section on Measurement arrd Payment.
2,4,06 CIIANGED CONDITICNS: If progress of construction uncovers sub
surface or latent physical conditicns at the site which differ materially from
those indicated in this ccntract, cr unknown physrcal conditions at the slte
2- 12
)
of an unusual nature, differing materially from those ordinar:iIy encountered
and generally recognized as inhering in work of the character provided forin the contract, the Engineer stiall be promptly notlfled in writing of suchconditions before they are disrrrrbed. The Englneer shall thereupon promptty
investigate the condit.ion s and rf he finds they do so materially differ and
cause an increase or dec::ease in the cost of, or the time required for per_
formance of the ccntract, an equitable adjustment shall be made by Change
Order .
Any claim of the contracrrrr for: adjustment hereunder shall not be allowed
unless he has given notice as above required. If the parties fail to agree on
the adjustment to be made, the work may be done by Force Account or the mattersettled by arbitraticn .
2.4.07 REMOVAL AND DISPOSAL OF STRUCT,URES AND OBSTRUCTIONS: Allstructures or obstructlons in the vrray of the construction shail be disposed ofby the Contractor as follows:
Removal of struct,lre whe:e j.t is to be salvaged.
Incorporation in the new construction if the materlal is sujtable.
A
B
unless specified in the pi:rposal , this work wilJ nct be paid for separatelybut wiII be included in the pl::ce oid for excavatrcin "
2 .4 .08 OMITTID ITEMS: The Engineer may, in writing , order omitted fromthe work any item, other tharL maior items, found unnecessary to the project
anci such omission strall not be a waiver of any cr:-rditicn of the contrict norinvalidate any of the provisions thereof, Maj(rr items may be omitted by sup-plemental agreements. The contractor will be paid for all work done toward thecompietion of the item prior to such omission as provided in section z.g .04.
2 . /l .09 FINAL CLEANING Up: Upon completion of the work and beforeacceptance and final payment wi]l be made, the contractor shall remove fromihe site all machinery, equipment, surplus, and discarded materials, rubbish,iemporary structures, and stumps or portions of trees." resulting from his oper_rtions. He sha]l leave the srte in a neat and preserrtable condition. Material,
c;}e ared from the site and depr:sited on property adjacent, *iII ;;i;; "o*rd_ered as having been dispr,sed of satisfactorily.
2-73
PART 2
GENERAL CONDiTIONS
SECTION 2.5
ccl,t: i:i l r--i THE WORK
2.5.02 DRAWINGS (PtA}..S A]''i) WORK:NG DFA\^INGS;
2 , 5 . 0 1 AUTHORITY Oi 1H! ilJG-.IiEER: The Errgineer shail decide any and
allquestionswhichmayatiseasi''':r):equaiityandacceptabilityofmaterlals
furnished, work performed and as to the manner cf performance and rate of
progress of said work. I{e sf:.a-- decide all questjcns which may arise as to
ihe interpretation of the specir'cations, o: plans reiating to the work' and the
fulfillment of the contract or, lhe part of the Coi',tractcr, ar'd all questlons as
totherightsofdifferentCor.tracicrsontheproject.TheEngineershalldeter-
minetheamountandqua:jtl..t:!,eseveralkindsefworkperformedandmaterlals
furnished which are to be pairl i"' 'rder the ccniract"
A , Contract Draw j.nq!, r: r s'stlng of general plans or drawings and show-
ing such cietails as are ".u".n..'. ' .;3 give a ccrnpreh-ensive idea of the con-
stiuction contemplated, 1vil i I';f r ii:rr,i shed by the Owner ' Structure plans wlll
ingeneralshowindetailalrdl:rt"slr:lsofthewcrl'c(-'ntemplated'Whenthe
structure plans do not sloiry-a i dimsrsicns jn dei:ail , they wiII show general
features and such detal]s asi .l'F : ecessary tc give a comprehensive idea of
B , Workinq Drawingq , i I e ('ortractcr shall lurnish all neces sary worklnE
and detail d.a*inqs not lutr,isl.e.l by the owner, worl'jn-g and detail drawlngs
for materials to be fabricated r.l a:r inc.Lude, but not be Llmited to, shop detail
drawings,stresssheets,carna-'eiciiagrams,ereclicrrdiagrams,bendingdiagrams
for reinforcing steel, shipplr,q slate,nents givi'ng lists of parts and' ln the case
of structural steel, Iists of {rerd "ivets and bolts and weights of parts. They
the structure.
shall also include as necessar:,, ia.,'outs for cribs, ccffer dams, false work,
centering, form work, bracirrg and rnasonry layout diagrams '
Approval of aII such wi:r)':ing and detail drawings by the Englneer must be
obtained before any work jnvtlv:rrg these drawings is started, but such approval
shall not operate to reiieve t..re cl.rntractor of any of his responsibility under
the contract for the successfui. c:inpietion of the improvement. Any material
ordered prior to the approva.i of sucl: drawings shall be at the contractor's
risk. No deviation from the saicl approved plans wiil be allowed without the
Engineer's written consent .
Such worklng and detail d: ar,v:i.gs furr,ished must conform to the contract
z- 14
drawings, general stress sheets, and to the specifications " It is mutually
agreed that contraet drawings anC speclfications shall prevail over any working
or detail drawi.ngs prepared by lhe Coritractor or his agents" The mutual
correctness of working detail d'awjngs, flts, and field connections shall not
be the responsibility of the Cwr.er, and formal approvaj of working and detail
drawings and other docume;:l.r 1.'epal'ed by the Contractor shall not alter this
relation.
1. Three copies sl-a,- be submitted to the Engineer at least thirty
(a0) aays before the mate:ia]s ir.Cjcated thereon are tc be needed, or earlier if
required to prevent delay cf il-e ra,'i,rk.
2. The Engineer st al- ruithin ten {10) days cf the submittal of any
shop drawlngs, return one c'jJ.1,," ii: tt e Contractor marked with ail corrections
and changes .
3. The Contractr:' si.aii then correct the sl:cp drawings to conform
to the corrections and clar'ge; :eq.rested by the Engineer"
4. Following c::mli,-1i')r oI such correctlons and changes, the
Contractor shall furnlsh the Er.gin+e: tw-o copies of the shop drawings conform-
ing to the required correct.lci-,.: .rr d chalges .
2.5.03 CONFORMIIY WiT!-: F|AIIS AND SPECIFICATIONS: It is intended
that the work be completed jr." r-':r [,::;-nity with the specified values and dimen-
sions set forth in the Ccntraci. .Less than exact or complete conformity with
those values or dimension s rfr.:Ii d.-est not criticaily affect the performance of
the completed work may be ii jr-:r.:ted since to olltaia exact or complete con-
formity would not be econcrnjcal " Allowable deviat.;ons, othel: than specified
tolerances. as may be requ.ired .oy the exigencies of construction will in all
cases be determined by the Ingliieer, The dimensions shown on the drawings
shail be attained wi.thin the timrrs of precision that good construction practices
i! rli permit ,
I)uring the course of th€ wr:,rk, samples wiil be tested and measurements
fiiade to establish whether i:i r3i rhe specified va]ues or dimensions are being
reascnably met. If they are nct ri-.e Engineer will determine the cause and
degree of nonconformance, rhe effecr on the serviceabj.lity of the project,
whether the work wili be accepled and remain in piace and if so, the amount
to be paid for such work, ir: whether the work shall be removed and replaced
or otherwi se corrected.
2- 15
2.5 "04 CO_ORDiNATION OF SPECIFICATIONS, PLANS AND SPECIAL PRO-
VISiONS: These specifications, the drawings. special provisions, and all
supplementary drawings and documents are essential parts of the contract,
and a requirement occurring in one is just as binding as though occurring in
al]. They are intended to be cooperative to describe and provide for a complete
work. The precedence of the various dccuments is shown in the Contract
Agreement.
2 .5 ,05 DISCREPANCiES IN DRAWINGS: Any discrepancies found between the
Drawings and Specifications and site conditions or any errors or omissions in
the Drawings or Specifications shall be immediately reported to the Engineer,
who shall promptly correct such error or omission in writing. Any work done
by the Ccntractor after'his disc:,very of such discrepancies, errors or omissions
shall be done at the Contract.r's risk.
2 .5 . 06 ADDITIONAL INSTRTJCTIONS: Further lnstructions may be issued by
the Engineer during the progres s of the work by means of Drawings or other-
wise, to make more clear or specific the Drawings and Specificatlons or as
may be necessary to explain or illustrate changes ln the work to be done.
2.5 .07 COPIES OF DRAWINGS AND SPECIFICATIONS FURNISHED: The
Contractor will be supplied with six copies of the p]ans, specifications, and
special provisions. He shali have available on the work at ail times one copy
each of said plans, specifications, and special provisions. Additional copies
of plans, specifications, and special provisions can be obtained by the Con-
tractor for the cost of reproduction.
2,5.08 OWNERSHiP Of DRAWiNGS AND SPECIFiCATIONS: All original or
duplicated Drawings and Speclfications and other data prepared by the Englneer
shall remain the propefty of the Engineer, and they shall not be re-used on
other work, but shall be returned to him upon completion of the work.
2 .5 .09 MODELS: A11 models prepared for this work shall become the
property of the Owner at the completion of the work.
2.5. i0 COOPERATION BETWEEN CONTRACTORS: The Owner may let other
contracts in connection with the work of the contractor. The contractor shall
cooperate with other Contracto!.s wlth regard to storage Of materials and exe-
cution of their work" It shali be the Contractor's responsibility to inspect
all work by other contractors affecting his work and to report to the Engineer
any irregularities which wiII not permit him to complete his work in a satis-factory manner. His fai]ure to notify the Engineer of such irregularities shallindicate the work of other ccntractors has been satisfactorily completed to
2- t6
receive his work. The Contractor shall not be responsible for defects of
which he could not have known, which develop in the work of others, after
the work is completed. it shall be the responsibility of the Contractor to
measure the completed work j.n place and report to the Engineer immediately
any difference between completed work by others and the Drawings.
2,5.11 UTILiTIES: UnIess otherwise provided by the special provisions
or drawings, utillties both above and below ground that are required to be
remcved, altered or reLocated as a part of the proiect will be removed, altered
or relocated in advance of construction eperations at no cost to the Contractor.
The Contractor will work around utillties that are not to be removed and
around those utilities that are to be relocated and whose relocation has not
been completed at no extra compensation.
Attention is directed to the possible existence of underground utility
facilities within the limits of the project and which may or may not be shown
on the drawings or specificaliy mentioned in the Special Provisions. The
exact location of such facilities shall be ascertained by the Contractor before
using equipment that may damage them or interfere with their service. In
accordance with the section on Legal Relations, Responsibility to the Pubiic
and Insurance, the Contractor will be held liable to the owners of utility
facilities for any damage or interference with servlces resulting from his oper-
ations. The Contractor shall notify the owners of utilities at least 24 hours
in advance of starting operaticns that may affect the facility.
2"5,12 CONSTRUCTION STAKES: The Ensineer will furnish the Contractor
with all lines, grades, and measurements necessary to the proper prosecution
and control of the work contracted for under these specifications. The Con-
tractor shall satisfy himself as to the accuracy of all measurements before
constructing any permanent structure and shall not take advantage of any
errors which may have been made in laying out the work. Such stakes and
markings as the Engineer may set for either his own or the contractor's guid-
ance sha.ll be scrupulously preserved by the contractor. In case of negligence
on tile part of the contractcr, or his employees, resulting in the destructionof such stakes or markings, an amount equal to the cost of replacing the same
may be deducted from subsequent estimates due the contractor, at the dis-
cretlon of the Engineer,
2 .5 . 13 IAND MoNUMENTS: The contractor sha]l carefulry protect fromdisturbance or damage all ]and monuments and property marks until an auth-orized agent has witnessed or otherwise referenced their location and shallnot remove them until directed.
2-17
Z .5 .14 AUTHORITY AND DUTIES OF INSPECTOR.S: Inspectors , employed
by the Owner, shail be authorized to inspect all work done and all material
furnished. Such lnspection may extend to all or any part of the work and to
the preparation, fabricaticn or manufacture of the materials to be used. The
inspector is not authorized to revoke. alter or waive any requirements of the
specifications. He is authorized to call the attention of the Contractor to
any failure of the work or materials to conform to the specifications and con-
tract. He shail have the authorlty to reject materials or suspend the work
until any questions at issue can be referred to and decided by the Engineer.
The lnspector shali ln no case act as foreman or perform other duties for
the Contractor, nor lnterfere with the management of the work by the latter.
Any advice which the inspector may give the Contractor shall in nowise be
construed as bindlng to the Engineer in any way, or releasing the Contractor
from fulfilling all of the terms of the contract.
If the Contractor refuses to suspend operations on verbal order, the in-
spector shall issue a written order giving the reason for shutting down the
work. After placing the order in the hands of the man in charge, the inspector
shall immediately leave the job, Work done during the absence of the in-
spector will not be accepted nor paid for,
2.5. 15 INSPECTION: The Contractor shall furnish the Engineer with every
reasonable facility for ascertaining whether or not the work, as performed, is
in accordance with the requrrements and intent of the speciflcations and con-tract. If the Engineer requests it, the contractor at any time before acceptance
of the work sha]I remove or uncover such portions of the finished work as may
be directed. After examination, the Contractor shall restore said portions of
the work to the standard required by the specifications. should the work thus
exposed or examined prove acceptabie, the uncovering or removlng, and the
replacing of the covering or making good of the parts removed will be paid for
as extra work, but should the work so exposed or examined prove unacceptable,
the uncovering or removing, and the replacing of the covering or making qood
of the parts removed, shall be at the Contractor's expense. Any work done
or materi.als used wlthout surtable supervision or inspection by the Engineer
or his authorized representative may be ordered removed and replaced at theContractor's expense.
2.5.16 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: AtI workwhich does not conform to the requirements of the contract shall be consideredas defective work. Any defective work whether the result of poor workmanship,
use of defective materials, damage through carelessness or any other causeshall be removed within ten (r0) aays after written notice is given by the
z-18
Engineer, and the work shall be re-executed by the Contractor. The fact that
the Engineer may have previously overlooked such defectlve work shall not
constltute an acceptance of any palt of lt.
Work done without lines and grades havlng been glven, work done beyond
the lines and grades shown on the plans, or as glven, except ag herein pro-
vided, work done without proper inspectlon, or any extra or unclassified work
done wlthout written authority and prior agreement ln wrlting as to prices, will
be done at the Contractor's risk and will be consldered unauthorized and, at
the option of the Engineer, may not be meaaured and pald for and may be ordered
removed and replaced at the Contractor,s expense.
A. Should the Contractor fail to remove rejected work or materials within
ten (10) days after written notice to do so, the Owner may remove them and
may store the materials .
B. Correction of Faulty Work After Final Payment shall be in accordance
with Paragraph Z .9 ,22 ,
2.5.17 CHARACTER OF WORKMEN AND EQUTPMENT: The contractor shall
employ such superintendents , foremen and rrvorkmen as are careful and competent,
and the Engineer may demand the dismissal of any person or persons employed
by the Contractor ln, about, or upon the work who shall misconduct himself or
be lncompetent or negligent in the proper performance of his or thelr duties,
nor neglects or refuses to comply with the dtrecttons glven, and such person orpersons shall not be employed again thereon wlthout the written consent of the
Engineer. Should the Contractor continue to employ or again employ such per-
son or persons, the Engineer may wlthhold all estimates, whlch are or may
become due, or the Engineer may suspend the work, un l such orders are
complied with .
In the employment of labor,I ditionb1neuaIiftbeing don
o bona fide resi ts
2-19
a oun
n her
ki
AII workmen must have sufficient skill and experlence to properly perform
the work assigned them. AII workmen engaged on specific work or skilledwork, such as bituminous courses or mixtures, concrete pavements or structures,pipe laying, turfing and planting, or in any trade, shall have sufficient exper-ience in such work to properly and satlsfactorlly perform 1t and operate theequipment involved. and shali make due and proper effort to execute the workin the manner prescribed in these speclficatlons. otherwise the Engineer maytake action as above prescribed.
In contracts involving Federal Aid Funds, the above requirements shallnot be enforced in such a manner as to confllct wlth or be contrary to theFederal Statutes prescribing a labor preference ta honorably dlscharged mem_bers of the armed forces of the united states, and prohlbltlng as uniawfulany other preference or discrimination among cltlzens of the united states.
The contractor shall furnish such equrpment as ls considered necessaryfor the prosecution of the work in an acceptable manner and at a satlsfactoryrate of progress. AII equipment, tools, and machinery, used for handling mater-ials and executing any part of the work shall be subJect to the approvat of ttreEngineer and shall be maintained in a saflsfactory working condition. Equipmentused on any portion of the work shall be .such that no lnjury to the work, utilittes,adjacent property or other objects wlll result aom lts use. The contract may beannulled if the contractor fails to provlde adequate equlpment for the work.
2 .5 . 18 MANUFACTURER'S DIRECTIONS: Manufactured articles , material andequipment sha1l be applied, installed, connected, erected, used, cleaned andconditioned as directed by the manufacturer unless hereln specified to thecontrary .
2.5 ' 19 currING AND PATCHING: The contractor shaII do all necessarycutting and patching of the work that may be required to properly receive thework of the various trades or as required by the Drawings and specifications tocomplete the structure. He shall restore all such cut or patched work as directedby the Engineer. cutting of existing structure that shall endanger the work,adjacent property, workmen or the public shall not be done unless approved bythe Engineer and under his direction.
2.5,20 NaINTENANCE: The contractor shall marntain those portions of theproject required for public travel or safety in a safe and satisfa;tory conditionfrom the time he starts work on any portlon of the proJect until the projecthas been finally accepted .
Arl costs of maintenance work by the contractor shall be incruded in theunit prices bid on various contract items.
2 '5 '2r woRK DURING AN EMERGENCy: The Contractor shall perform anywork and shall furnish and install any materlals and equipment ,r""""au.yduring an emergencv endangering life or property. In all cases he shalr notifythe Engineer of the emergency as soon as practlcabre, but he shall not waitfor instructions before proceeding to propeily protect both life and property.
2-20
2 .5 ,22 COMMUNICATIONS TO CONTRACTOFS: Any written notice to the
Contractor which may be required under these speclfications shall be served
on said Contractor either personatly or by mail to the address glven in his
proposal , or by leaving the same at said address. or by delivery of same to
the Contractor's authorized representative on the work.
2.5 .23 ORAL AGREEMENTS: No oral order, objection, claim or notice by
any party to the others shal] affect or modify any of the terms or obligations
contained ln any of the Contract Documents, and none of the provisions of the
Contract Documents shall be held to be waived or modified by reason of any
act whatsoever, other than by a definitely agreed waiver or modification thereof
in writing, and no evidence shall be introduced ln any proceeding of any other
waiver or modificatlon .
2.5 ,24 FINAL INSPECTION: Upon notice from the Contractor of completion
of the work under the contract, the Engineer shall make an inspection.
A. Satis factory Completion,The inspection shall constitute the final
inspection and the Engineer shall make the flnal acceptance lf all the con-
struction provided for and contemplated by the contract ls found completed
to his satisfaction. The contractor shall be notifted of such acceptance ln
writlng within ten (tO) aays.
B. Unsatisfactory Completlon. If the work ln whole or tn part is found
unsatisfactory, the Engineer shall glve the contractor the necessary instructions
as to replacement of material and performance of work necessary and prerequlslte
to final completion and acceptance, and the contractor shall immediately complywith and execute such instructions. upon satisfactory replacement of suchmaterlal and performance of such work another lnspectlon shall be made as above.
c. contract completion. The work will be considered complete when thefinal inspection is made and the project accepted in wrlting by the Engineerand the owner. The contractor's responsiblrity shall then cease, exJept forthe guarantee period and as set forth in his bond.
?.5 '25 RELEASE: The Contractor and each assignee under the asslgnmentin effect at the time of finar payment shari, if required by the owner. Jxecuteand deliver at the time of and as a condition precedent to final payment, arelease in form and substance satisfactory to and contalning srch'exception"as may be found appropriate by the Owner, discharging the Owner, its officers,agents , and employees of and from riab ities , obrlgations , and claims Jstngunder this contract .
2-Zt
PART 2
GENERAL CONDITIONS
SECTION 2.6
CONTROL OT IVIATERNLS
2.6.01 MATERIALS FURNISHED By TIIE CONTRACTOR: AII materials usedin the work shall meet the requirements of the respecdve speciflcatlons, and
no material shall be used until it has been approved by the Engineer. All mat-erials not otherwise specificaliy indicated shall be furnished by the contractor.
2,6.02 MATERIALS FURNISHED By THE OWNER: Materials specifically in-
dicated shali be furnished by the owner. The fact that the owner is to furnish
material is concluslve evidence of its acceptability of the purpose intended,
and the contractor may continue to use it until otherwise directed. If the con-
tractor discovers any defect in material furnished by the owner, he shali notify
the Engineer. unless otherwise noted or specificalty stated, materials furn-
ished by the owner, whlch are not of local occurrence, are consldered to beF.o'B. the nearest railroad station. The contractor shall be prepared to un-
Ioad and properly protect such material from damage or loss. The contractorshall be responsible for material loss or damage after receipt of material at
the point of delivery .
Title ' Title to all material and equipment furnished by the owner to thecontractor without charge hereunder and not incorporated into the work here-
under shail remain i.n the Owner.
2.6.03 sroRAGE oF MATERIALS: Materials shall be so stored as to insurethe preservation of their quatity and fitness for the work. when considerednecessary, they shall be placed on wooden platforms or other hard, clean sur_faces, and not on the ground and/or they shall be placed under cover. Storedmaterials shall be located so as to facilitate prompt inspection. private prop-erty shalr not be used for storage purposes without the written permission ofthe owner or Lessee.
2,6.04 APPROVAI, OF SOURCES OF SUppLy OF MATERAL: The source ofsupply of each of the materials required may be approved by the Englneer be-fore derlvery is started. Representative pr"ri*inury samples may be submittedby the contractor, producer or owner of the suppry for inspection or tests.The resurts obtalned from testing such sampres may be used for preiiminaryapproval but wiil not be used as a final acceptance of the materials. ArI mat-erials proposed to be used may be tested at iny time during their nr"p6.u1ionand use' If. after trlar. it is found that the sources of supply which'havebeen approved do not furnish a product of uniform quality, or if the product
2-22
from any source proves unacceptable at any time, the contractor shall furnish
approved material from another source.
2 .6. 05 METHODS OF SAMPLING AND TESTING: Except as otherwlse provided,
sampllng and testlng of all materials, and the laboratory methods and testinq
"qripr"nt requlred under these specifioatlons shall be ln accordance with the
mosi recent ,,standard Specifications for Highway Materials and Methods of
sampling and Testlng of A.A.S.H.O.
"
or ln accordance wlth the standards and
Tentative Methods of the A.S.T.M. most recent publicatlon.
Laboratorysievessha]]havesquareopeningsofthesizesspecified.The
testlng of samples and materials of manufactured artlcles shall be made at the
expense of the contractor. This shall include pipe. The testing of such mat-
erials as soil , aggregates, concrete, and concrete cylinders shall be made at
the expense of the owner. samples of materials shall be fumished by the
Contractor without charge .
2.6.06 INSPECTION OF MATERIAIS3 AII material shall be lnspected, tested
and approved before belng incorporated ln the work. The contractor shall glve
sufflclent advance notlce of placlng orders to permlt arrangements to be made
for testing and inspection. Mttl or shop certificates will be accepted for
most manufactured materlals. Pre-tested materials, Certified materlals, mat-
erlals lnspected at the shop, mill or plant, and materlals lnspected before
stockptltng or storage wlll be reinspected and retested before lncorporation
ln the project lf deemed necessary .
The contractor shall provlde such facllltles as the Engineer or his repres-
entatlve may requlre for conductlng fleld tests and for colleotlng and forwardlng
samples. The Contractor shall not use or lncorporate lnto the work any mat-
erlals represented by the samples unttl tests have been made and the materlal
found to be acceptable .
2.6.07 DEFECTM I{ATERIAIS: AII materials which do not conform to the
regulrements of the Contract Documents, or are not 6qual to sampleg approved
by the Englneer, or are in any way unsatisfactory or uneulted to the purpoge
for which they are lntended, shall be rejected. Any msterlal whlch, after
approval , has for any reason become unfit for use shall not be lncorporated
lnto the work .
2.6.08 SUBSTITUTION Of MATERIALS AND EQUIPMEN?: In order to est-
ablish standards of quality, the Engineer has, ln the Technical Provlsions,
referred to certain products by name and catalog number. This procedure is
not to be construed as eliminating from competltlon other products of equal or
better quality by other manufacturers where fully suitable in design,
2-23
A. The Contractor shali furnish the complete list of proposed desired
substltutions prior to signing of the Contract, together with such engineering
and catalog data as the Engineer may require.
B. The Contractor shall abide by the Engineer's judgment when proposed
substitute materials or items of equipment are Judged to be unacceptable and
shall be submitted in writing by the General Contractor and not by individual
trades or material suppliers. The Engineer will approve or disapprove proposed
substitutions in writing within a reasonable time. No substitute materials
shall be used unless approved in writing.
2.6.09 EQUIPMENT APPROVAL DATA: The Contractor shall furnish one copv
of complete catalog data for every manufactured item of equipment and aII com-
ponents to be used in the work, including specific performance data, material
descriptlon, ratlng, capacity, working pressure, materlal gaqe or thickness,
brand name, catalog number and general type.
A. This submission shall be compiled by the Contractor and approved
by the Engineer before any of the equipment ls ordered.
B. Each data sheet or cataloq in the submission shall be indexed accord-
ing to speclfication section and paragraph for easy reference.
C. After written approval , this submisslan shall become a part of the Con-
tract, and may not be deviated from except upon written approval of the Englneer.
D. Catalog data for equipment approved by the Engtneer does not in any
case supersede the Engineer's Contract Documents. The approval of the Eng-
tneer shall not relleve the Contractor ftom responslbility for devlations from
Drawrngs or Speclflcations, unless he has in writing called the Englneer's
attenuon to such deviations at the time of submission, nor shall it relleve hlm
from responsibillty for errors of any sort ln the items submitted. The Contractor
shall check the work described by the catalog data with the Englneer's Contract
Documents for devlatlons and errors.
E. It shall be the responsibility of the Contractor to lnsure that items
to be furnished fit the space available. He shall make necessary field meas-
urements to ascertain space requirements, including those for connectlons,
and shalt order such sizes and shapes of equipment that the final lnstallation
shall suit the true intent and meaning of the Drawings and Specifications.
F. Where equipment requirtng different arTangement of connections from
those shown is approved, it shal] be the responsibility of the Contractor to
2-24
lnstall the equipment to operate properly, and tn harmony wtth the lntent ofthe Drawlngs and speciflcations, and to make all changes ln the work requiredby the dlfferent arrangement of connecttons .
2.6, l0 GUARANTY PERIOD: The Contractor shall warrant aII equipmentfurnlshed and work performed by him for a period of one year from the date ofwritten acceptance of the work.
Correction of Faulty Work After Final payment shall be as provlded in
Paragraph 2,9 .22,
2-25
PART 2
GENERAL CONDITIONS
SECTION 2.7
LECAAL REIATIONS, RESPONSIBILITY TO THE PUBLIC, AND INSURANCE
2,7 .07 IAWS TO BE OBSERVED: The bidder is assumed to be familiar withall Federal,State, and local Iaws, codes, ordinances and regulations whlch,in any manner, affect those engaged or employed in the work or the material or
equipment used in or upon the site, or in any way affect the conduct of the work.
No pleas of mi s unders tanding or ignorance on the part of the contractor wilt, in
any way, serve to modify the provisions of the contract.
The Contractor shall at all times observe and comply with all Federal ,state, and local laws, codes, ordi.nances and regulations in any manner affect-
ing the conduct of the work, and the contractor and his surety shall indemnify
and save harmless the owner and ail his officers, agents, and servants againsr
any claim or liability arising from or based on the violation of any such law,
ordinance, regulation, order, or decree, whether by himself or his employees "
2.7,02 PERMITS AND LICENSES: The Contractor shall procure all permits
and ]icenses, pay all charges and fees, and give al] notices necessary andincidental to the due and lawful prosecution of the work.
Licensing of Contractor Where no Federal Funds are involved the Con-tractor must possess either a private contractor,s License in accord wlth theIdaho Private contractors License Act. or a public works License in accord withthe Idahc Public works contractors License Act. on projects involving Federalfunds, the bidder must possess or obtain a license prior to award of contract,in accordance with the provisions of section s4-rgIr, Idaho code, which pro-vides that application for original li.cense must be fi.led with the ldaho public
works contractors state License Board at reast thirty (30) days prior to con-
s icieraticn ,
where licensing is required for the contractor, sub-contractors undertakingto perform any work covered by the contract must possess or obtain a licensein the class as follows:
estimated cost of work ln excess of $50,000.00estimated cost of work s25,000.00 to $50,000.00estimated cost ofwork Iess than g2S,000.00
Clas s "A" License
CIass "B" License
Clas s "C" License
2-26
2,7.03 PATENTED DEVICES, MATERLALS AND PROCESSES: If the Contractcr
is requlred or desired to use any design, device, material, or process covered
by letters patent or copyrlght, he shall provide for such use by suitable legal
agreement with the patentee or patent owner. The Contractor and the surety
shall indemnify and save harmless the Owner from any and all claims for in-
fringement by reason of the use of any such patented design, device, materj.al .
or process, or any trademark or copyright in connection with the work agreed
to be performed under this contract, and shall indemnify the Owner for any
costs, expense, and damages which lt may be obliged to pay for reason of any
such infringement at any time duringr the prosecution, or after the completion
of the work .
2,7 .04 SANITARY PROVISIONS: The Contractor shall provide and maintain ln
a neat and sanitary condition such accommodations for the use of his emp-cyees
as may be necessary to comply wlth the requirements. and regulations c f the State.
or local Department of Health, or of other agencies having jurisdiction therewlth.
2.7 .05 PUBLIC SAFETY AND CONVENIENCE: The Contractor shall at ail times
so conduct his work and store his materials so as to insure the least pcssible
obstruction to traffic and inconvenience to the general public and the residents
in the vicinity of the work, and to insure the protection of persons and property
in a manner satisfactory to the Engineer, No road or street shall be closed to
the public except with the permission of the Engineer and proper governmental
authority. Fire hydrants on or adjacent to the work shall be kept accessible to
fire-fighting equipment at all times. Temporary provisions shall be made by
the Contractor to insure the use of sidewalks and the proper functi.oring of all
gutters, sewer inlets, drainage ditches, and irrigation ditches. whicl" shall
not be obstructed except as approved by the Engineer.
2.7.06 MAINTENANCE OF TRAFFIC: The Contractor sha]I plan and prosecute
his work, when the construction involves closing or relocation of any road,
street, or highway, or the construction of any utilities in the right of way, so
rhat j;raffic wiil be hindered to a minimum, Traffic will be detoured if necessary,
Work shall be completed in an orderly manner so that these roads, streets - and
highways are left in a completed condition as soon as possible. The Contractcr
v,/1I1 not be permitted to spread his work over a large part of the prcject befc.re
compi.etion of any specific area.
2 .7 .07 BARRICADES AND WARNING SIGNS: The Contractor shall , before
ciosing or in any way tearj.ng up on existing roadway, fumish and erect approved
signs and lights to protect the traffic and the work. The signs warning traffic
shall be placed at such locations that they may be readily seen, They shall
be painted so as to be visible, The paint shall be renewed as often as necess-
ary to keep the signs thoroughly covered. From sunset to sunrise the Contractor
2-27
shall furnish and maj.ntain red lights and,/or flares '
The Contractor shall furnish watchmen in sufficient numbers if necessary
to protect any new work. Failure to comply with this requirement will resutt
in the Engineer shutting down the work until the Contractor shali have provided
the necessary protection .
The Contractor shall at his own expense repair aII damage done the work
before it is opened for traffic and shall be responsible for the prosecution of
the offender under the provision of the State laws ,
2,7 .08 USE OF E)PLOSIVES: When the use of explosj.ves is necessariT for
the prosecution of the work, the Contractor shall use the utmost care so as nc-t
to enrianger life or proper:ty and, whenever directed, the number and size of
the charges shall be reduced. The Contractor shail notify the prcper represent-
atives of any public service corporation, any company or any indlv:dua1 at
least elght (8) hours in advance of any blasting which may damage L-is or their
property on, along, or adjacent to the work, Such notice shal} not;'elleve the
Contractor of responsibility for any damage resulting from his blasting ,,peratlcrn "
All explosives shall be stored in a secure manner and a1l stcraqe p.laces
shall be marked clearly 'DANGEROUS EXPLOSIVES', and shall be rn care <;f
competent watchmen at aII times.
2.7 .09 PROTECTION AND RESTORATION OF PROPERTY: The Contractor shall
l1ot enter upon private property for any purpose without first obtainjng permission,
anJ he shall be responsible for the preservation of a1I public and private !,rop-
erty, trees, fences, monuments, underground Structures, etc. , on and adjacent
to the work and shall use every precaution necessary to prevent damage crr
inl ury thereto .
He shail use suitable precautions to prevent damage to any public cr pri-
vate property and he shall protect carefully, from djsturbance cr damage, al1Ia'd monLrments and property marks until an authorized agent has witnessed
or otherwise referenced their iocation, and shall not remove them until directed"
He shall be responsible for all damage or injury to property of any characterresulting fron any act, omission, neglect or misconduct in his manner or: methodof execut.ing said work, or due to his non-execution of rhe work, or at any timedue to defective work or materials, and sai.d responsibiiity shall not be releasedruritii the work shall have been completed and accepted.
when or where any direct or indi.rect damage or inj ury is done tc public or
2-28
private property by or on account of any act, omission. neglect, c: misconduct
in the execution of the work, or in consequence of the non-execution thereof
on the part of the Contractor, he shall restore, at his own expense, such prop-
erty tc a condition similar or equal to that existing before such damage or injury
.was done, by repairing, rebuilding, or otherwise restoring, as may be directed.
cr he shall make good such damage or injury in an acceptable manner.
2.7 .ll OPENING OF SECTIONS OF PROIECT TO TRAFFIC: Whenever:, in the
opinion of the Engineer, any portion of the project is in acceptable ccndition, it
may be placed ln use upon the written order of the Engineer. Such placing in
use shall be heid as an acceptance of the work, but shall not be considered as
a waiver of any of the provisions of these specifications or contraci " Pending
findl completion and acceptance of the work aII necessary repairs and renewals
cii an1,' section of the work so opened, due to defective material cl: work , to
natural causes other than ordinary wear and tear, or to the operations of the Con-tril.tcr, sha]I be performed by and at the expense of the Contracto):.
2 .7 , i2 CONTRACTOR'S RESPONSIBILITY POR WORK: Until acceptance by the
Engineer of any part of all of the construction, as provided for in these specifi-cations,rt shall be under the charge and care of the Contractor, and he shal1
iake every necessary precaution against injury or damage to any part ofthe
work by the actlon of the elements or from any other cause whatsoever, whether
ari.sing from the execution or from the non-execution of the work. The contractorshall rebuild, repair. restore, and make good, at his own expense, all injuriesor Camage to any portion of the work occasioned by any of the above causesbefore its completion and acceptance.
2-29
2 ,7 .10 RESPONSIBILITY FOR DAMAGE CIAIMS: The Contractor and his surety
shall indemnify and save harmless the Owner and all his officers, agents, and
empJ.oyees from all suits, actions or claims of any character, name, and descript-
ion brought for or on account of any injuries or damages received or sustained
by any person, persons, or property, by or from the said Contractor or his em-
ployees or by or in consequence of any neglect in safeguarding the work" or
through the use of unacceptable materials in constructing the work cr by cr Jn
account of any act or omission, neglect or misconduct of the said C<-,ntractor
or by or on account of any claims or amounts recovered by any infrlngement of
patent, trademark or copyright or from any claims or amounts arising or recovered
under the "Workman's Compensation Law", or any other law, ordinance. order,
or decree, and so much of the money due the said Contractor under and by virtue
oI his contract, as shall be considered necessary by the Ov,,rrer, may be retained
or in case no money is due, hls surety shall be held until such suit cr suits,
actlon or actions, claim or claims for injuries or damages as aforesaid shall
have been settled and satisfactory evidence to that effect furnished to the Owner.
Z .7 ,13 PERSONAL LIABILITY OF PUBLIC OFFICiALS: In carrving out anv of
the above provisl.ons or in ?xercising any power or authority granted to him by
this contract, there shall be no liabiiity upon the Engineer or his authorized
assistants. either personally cr as an official of the Owner, it being understood
that in such matters he acts as an agent and representative of the Owner.
2.7 .14 NO WAIVER OF LEGAL RIGHTS: lnspectlon bv the Engineer or by anv
of his duly authorized representatives, any order, measurement or certificate
by the Engineer; any order by the Owner for the payment of money, any payment
for or acceptance of any work or any extension of time; or any possession taken
by the Owner shall not operate as a waiver of any provision of the contract, or
any power therein preserved to the Owner, or of any right to damages therein
provided. Any waiver of any breach of the contract shall not be held to be a
waiver of any other or subsequent breach.
The Owner reserves the riqht to correct any error that may be discovered
in any estimate that may have been paid. and to adjust the same to meet the
requirements of the contract and speciflcations. The Owner reserves the right
to claim and recover by process of 1aw, sums as may be sufficient to correct
any error or make good any deficit in the work resulting from such error or
from dishonesty or collusion, upon conclusive proof of collusion or dishonesty
between the Contractor or hls agents and the Engineer or his assistants discov-
ered in the work after the final payment has been made '
2,7 ,15 RIGHT-OF-WAY: The Owner will secure al.I necessary right-of-way
for construction.
2,7.16 IANDS BY CONTRACTOR: Any additional land and access thereto
not shown on the drawings that may be required for temporary construction
faciiities or for storage of materials shalI be provided by the Contractor with
no liability to the Owner. The Contractor shall confine his apparatus and
storage of materials and operation of his workmen to those areas described
rn the Drawings and Specifications and such additional areas which he may
provide.
2,7,17 UTiLiTIES: When the work is adjacent to the property or affects the
operation of any utility, the Contractor shaII be solely and directly responsj.ble
to the o\^'ners and operators of such properties for any damage, injury, expense,
Ioss, inconvenience, or delay, or for any suits, actions or claims of any char-
acter brought on account of any injuries or damage which may result from the
carrylng out of the work to be done under the contract.
Where utilities are affected by the construction, the Contractor shall co-
operate with their owners in the removal and rearrangement operations.
2-30
In the event of interruption to domestic or irrigation water or to other
utility services as a result of accidental breakage' or as a result ofbeing
exposedorunsupported,theContractorshal]promptlynotilytheproperauth-
ority. He shall cooperate with the said authority ln the restoration of service
u, p.o.ptty as possible. In no case shall interruption to domestic or irrig-
uilon *ut"i service be allowed to exist outside of working hours '
2,7,L8 INSURANCE: The Contractor shall secure and maintain such insurance
from an insurance company authorized to write casualty insurance in the State
of Idaho as will protect himself, his sub-contractors ' and the Owner from claims
ior maitv inj ury , death or property damage which may arise from operations
underthisContract'TheContractorShal}notcommenceworkunderthisContract
until he has obtained aII insLrance required under this paraqraph and shall have
filed the certificate of insurance or the certifled copy of the insurance policy
with the Owner '
Each insurance policy shall ccntaln a clause providing that it shall not be
cancelled by the insurance company without ten (I0) days written notice to the
owner of intention to "un..t. ihe amounts of such insurance shall be not less
than the following:
A. Workmen's Compensation and Employer's Ltability Insurance
by the State of Idaho .
B. Public Liabilitv, Bodily Injurv' and Property Damage:
1. Injury or death of one Person
2. Injury to more than one person in a single accident
3. Property damage
Damage:
Automobile and Truck Publlc Liability' Bodily InJury' and Property
required
$ so, ooo
$20o,ooo
$ so. ooo
$ s0,000
$ 200,000
$ s0,000
2 .7 .lg INDEMNITY: The Contractor shall indemnify and save harmles s the
Owner from and against all ]osses and aII claims' demands ' payments ' suits'
actions, recoveries and judgments of every nature and description brought or
1. Injury or death of one Person
2. Injury to more than one person in a single accident '
3. PropertY Damage
z-3r
recovered against him by reason of any omission or act of the contractor, his
agents or employees, in the execution of the work or in the guarding of it.
The contractor shall obtain ln the name of the owner and shall maintain and
pay the premiums for such lnsurance rn such amount and with such provisions
as wi]l protect the owner from conti.ngent liabitity under this contract and a
copy of such lnsurance policy or pollcies shall be delivered to the Owner.
FulI compliance by the owner with the terms and provisions of such insurancepolicy or policies shall be a condition precedent to the Owner,s right to en-
force against the Contractor any provisions of thls article.
2,7.20 FIRE INSURANCE: In addition to such Fire Insurance as the contractor
elects to carry for his own protection, he shall secure and maintain in the name
of the owner policies upon such structures and material and in such amounts as
shali be designated in the special Provisions, The policies shall be secured
from a company which is satisfactory to the owner and delivered to the owner,
The insurance shall be effective until the fulfillment of the contract.
2,7,21 POLICY PROVISiONS: If the Contractor shaii procure or maintain any
insurance upon any property in which the owner has or may acquire an interest
or upon which it has or may acquire a lien under this contract or otherwise, suchpolicies shail , in the followlng language, make formal disclosure of the diversityof interests: "Notice is hereby given and accepted that the owner has or may
acquire an interest in the subject matter of this insurance,,. Such policy orpolicies shall also contain a loss payable clause reading as follows: ,,Loss if
any under this policy shall be adjusted with the named insured and be made pay
able to the owner, or order". Any payments thereunder shall insure to the bene-fit of the owner to the extent of any.loss suffered by the owner and to the con-tractor as to any remainlng balance.
) -'1,
PART 2
GENERAL CONDITIONS
SECT]ON 2 .8
PROSECUTION AND PROGRESS
2,8.01 CO-OPERATION OF CONTRACTOR: The Contractor shall give to the
work the constant attention necessary to facilitate the progress thereof and he
shali cooperate with the Englneer and his inspectors and with other Contractors
in every way possible. The Engineer shall allocate the work and designate the
sequence of construction in case of controversy between Contractors. The Con-
tractor shall have a Competent superintendent on the work at all times who is
fulty authorlzed as his agent on the work, such superintendent shall be capable
of reading and thoroughty understanding the plans and specifications and shall
receive and fuIfiII instructions fram tne Engineer, or his authorized representatlve.
2,8.02 SUB-LETTING OR ASS]GNING OF CONTRACT: The Contractor is re-
quired to name his sub-ccntractcrs in the proposal form. sub-contractors may
not be changed except at the request or with the approval of the Engineer. The
contractor is responsible to the owrrer for the acts and omissions of his sub-
contractors, and of thelr direcr and indirect employees, to the same extent as
he is responsible for the acts and omissions of his employees. The contract
Documents shali not be construed as creating any contractual relation between
any sub-contractor and the Owner. The Contractor shall bind every sub-contraotor
by the terms of the Contract Dccuments "
For convenience of reference and to facilitate the lettinE of Contracts and
sub-contracts, the Specifications are separated into titled sections ' Such
separations shall not, however, clrerate tc make the Engineer an arbiter to
establlsh limits to the contracts between Contractor and sub-contractors '
Shou]d the Contractor elect to assign his contract, the said assignment
shail be concurred in by the surety, shall be presented for the consideration
and approval of the Owner and shall be consummated only by written approval .
In case of approval , the Contractor shall file with the Engineer copies of all
sub-contracts.
2 " I . 03 PROSECUTION OF WORK: The Contractor shall begin the work to
be performed under the contract within ten (i0) Oays of the date set by the
Engrineer in the written notice to proceed. The Contractor shall notify the
Engineer at least forty-eiqht (48) hours in advance of the time he intends tostart. The Contractor sha]I operate at such points as the Engineer may direct.
The Contractor sha]I conduct the work in such a manner and with sufficient
materials, equipment, and ]abor as is considered necessary to j.nsure its
Z-JJ
2.8 .05 TEMPORARY SUSPENSION OF WORK BY ENGiNEER: The Ensineer shall
have the authority to suspend the work wholly. or in part, for such period or
periods as he may deem necessary, due to unsultable weather, or such other
conditions as are considered unfavorable for the suitable prosecution of the
work, or for such tj.me as is necessary, due to the failure on the part of the
Contractor to carry out orders given or perform any or aII provisions of the
contract.
If it should become necessary to stop work for an indefinite period, thecontractor shall store all materials in such manner that they will not become
an obstruction, nor become damaged in any way, and he shall take everyprecaution to prevent damage or dete:ioration of the work performed; provide
suitable drainage by opening dltches, shoulder drains, and erect temporary
structures where necessary, All streers, al]eys and driveways shall be left
open to use .
The contractor shall not suspend the work without written authority fromthe Engineer, and sha1l proceed with the work promptly when notified by theEnglneer to resume operations ,
No time allowance wiII be granted as a result of a ial su ensr.on.
Total suspension is suspensicn of work not due to any fault of the con-tractor on all items and as ordered by the Engineer. No charge shall be madeagainst contract time for calendar days elapsed during such total suspension.work of an pnErgency nature ordered by the Engineer for the convenience ofpublic traffic and minor operations not affected by or connected with the causeof suspension may be performed during a period oftotal suspension, if permittedby the Engineer.
)
2-34
completion within the time limit set forth in the proposal . should the prosecution
of work for any reason be disconti.nued by the Contractor, with the consent of
the Engineer, he shall notify the Engineer at least forty-eight (49) hours in ad-
vance of resuming operations .
? ,8 ,04 LIMITATION OF OPERATION: On srading work, the drainage structures
when designated, shall be completed a sufficient time in advance of the grading.
Each item of work shall be prosecuted to completion without delay and in no
instance will the contractor be permitted to transfer his forces from uncompleted
work to new work without the permission of the Engineer, The Contractor may
be required to submit a schedule of operations for approval , The Contractor
shall not open up work to the prejudice of work already started. A1l streets,alleys, and driveways shall be cpen to traffic at least part of each day,
preferably at nj.ght .
2.8.06 DETERMINATION AND EXTENSION OF CONTRACT TIME FOR COMPLETiON:
The contractor shall perform fully. entirely, and in a satisfactory and acceptable
manner the work contracted, wlthin the number of calendar days stipulated in
the proposal and the contract. Tlme will be assessed against the contractor
beginning with the date specified as the starting date in the notice to proceed.
In adjusting the contract time for the completion of the project, ali strikes,
lockouts, unusual delays in transportation, or any condition over which the
contractor has no control , and also any total suspensions ordered by the Engineer
for causes not the fault of the Contractor, shall be excluded from the computatjon
of the contract time for completion of the work. If the satisfactory execution
and COmpletion Of the contract shall require work or materials in greater amounts
or quantities than those set forth in the contract. then the contract time shaII
automaticaily be increased in the same proportion as the cost of the additional
work bears to the origlnal work contracted for, or by the time specified in any
change orders. No allowances will be made for delays or suspensions of the
prosecution of the work due to the fault of the Contractor'
2.8,07 FAILURE TO COMPLETE WORK - LIQUIDATED DAMAGES: Por each
calendar day that any part of the work remains uncompleted after the expiration
of the time allowed for completion of the work stipulated in the contract or as
automatically increased by the additional work or materials ordered after the
contract is signed, the sum per day given in the Special Provisions shall be
deducted from monies due the Contractor, or if no money is due the Contractor,
the Owner shall have the right to reccver said sum or sums from the Ccntractor.
from the surety or from both. The amount of these deductions is tc cc'ver liq-
uidated damages to the Owner incurred by additional and other expenses, in-
cluding the extra cost of Engineering and Inspection, due to the faiiure of the
Contractor to complete the work cr any part of the work within the tlme specified
and such deductions are not to be considered as penalties.
2.8.08 DISPUTED CIAIMS FOR EXTRA WORK: Extra work is covered in the
paragraph on Change Orders and Extra Work.
2.8.09 ARBITRATION: Should there be any dispute or any questioned decision
of the Engineer or Owner which is subject to arbitration, it shall be promptly
submitted to arbitration upon demand by either party to the dispute. The Con-
tractor shall not delay the work because arbitration proceedings are pending
unless he shall have written permission from the Engineer to do so and such
delay shal] not extend beyond the time when the arbitrators shall have opportunity
to determine whether the work shall continue or be suspended pending decision
by the arbitrators of such a dispute. Any demand for arbitration shall be in
writing and shall be delivered to the Engineer and any adverse party either by
personal delivery or by reglstered mail addressed to the Iast known address of
,_')(
each within ten (10) days of receipt of the Engineer's decision, and in no
event after final payment has been made and accepted, subject, however. to
any express stipulation to the contrary in the Contract Documents. Shou]d
the Engineer fail within a reasonable period to make a decision. a demand for
arbitration may then be made as if the Engineer's decision had been rendered
against the party demanding arbitration.
A. No one shall be quallfied to act as an arbitrator who has, directly or
indirectly, any financial interest in the Contract or who has any business or
family relationship with the Owner, the Contractor, or the Engineer" Each
arbitrator selected sha1l be qualified by experience and knowledge of the work
involved in the matter to be submitted to arbitration.
B. Arbitration shall be in accordance with the procedure and standards
of The American Arbitration As sociation ,
2 .8 . f 0 SUSPENSION OF WORK BY O\^II\TER: In the event the Contractor is
ordered by the Owner. in writing, to suspend work for some unforeseen cause
not provided for in the specifications , special provisions, proposai, contract
or change order and over which the Contractor has no control , the Contractor
may be reimbursed for actual money expended on the job during the period of
shutdown. Time shall be computed from the date set out jn written order for
work to cease until the date of the order for work to resume. Claims for such
compensation shall be filed with the Owner within ten (10) days after date of
'trrder to resume work or such claims will not be considered. The Contractor
shall submit with his c]aim, substantiating papers covering the entire amount
shown on the claim. The Owner shall take the claim under consideration, and
may make such investigations as are deemed necessary, and shall be the sole
iudge as to the equitability of such claim and such decision shall be final .
No provision of this article shall be construed as entitling the Contractor to
compensation for delays due to incLement weather, delays due to failure of
surety, for suspensions made at the request of the Contractor, or for any other
delay provided for in the specifications, special provisions, proposal . contract
or rvork order.
The notice of suspension shall set forth the date of resuming work. If
the Owner does not give written notice to resume work within ten (t0) days
of the date fixed in the notice of suspension, the Contractor may abandon
that portion of the work so suspended and shall be entitied to payment in
accordance with paragraph 2.9.04 and paragraph 2.9,14.
2.8.11 OWNER'S RIGHT TO CORRECT DEFICIENCIES: Upon failure of the
contractor to perform the work in accordance with the contract Documents,
including any requirements with respect to the Schedule of Completion, and
2-36
after five (S) aays written notice to the Contractor and receipt of written
approval from the Engineer, the Owner may. without prejudlce to any other
remedy he may have, correct such deficiencies.
2,8.12 OWNER'S RIGHT TO TERMINATE CONTRACT AND COMPLETE WORK:
The Owner shall have the riqht to terminate the contract, of which these spec-
ifications form a part, upon default of the Contractor. The following reasons
may be consldered sufficlent for default:
A. Contractor's declaration of bankruptcy, becominq insolvent, or
ressignation of assets for the benefit of creditors.
B. Failure of the Contractor to start the work on the date given in the
notice to proceed .
C. Substantial evidence that the progress being made by rhe Contractor
is insufficient to complete the work within the specified time,
D. Deliberate failure on the part of the Contractor to observe any require-
ment of these specifications .
E, Failure of the Contractor to promptly make good any defects in mater-
ials or work or any defects of any other nature, the correction of which has
been directed in writing by the Engineer.
F. Substantial evidence of collusion for the purpose of iliegally procuring
a contract or perpetrating fraud on the Owner in the construction of work under
contract.
G. Failure to provide a qualified superintendent, competent workmen,
or sub-contractors, or proper materials, or failure to make prompt payment
therefore.
Upon receipt of notice from the Owner that the contract has been term-inated, the contractor shall immediately discontinue aII operations. The
Engineer may then proceed with the work in any lawful manner that he may
2-37
Before the contract is terminated, the Contractor and his surety will
first be notified in writing by the Engineer of the conditions which make term-
inatlon of the contract imminent. Ten (I0) days after this is given, ifa sat-
isfactory effort has not been made by the contractor or his surety to correct
the conditions, the Owner may declare the contract terminated and notifv
the Contractor and his surety accordingly.
elect, until lt is finally completed.
The right is reserved to take possession of any machinery, implements,
tools, or materials of any description that shall be found upon the work, to
account for said equipment and materials, and to use the same to complete
the project. When the work is thus finally completed, the total cost of the
same will be computed, If the total cost is more than the contract price. the
difference shall be made up either by the Contractor or his surety. If the
total cost is less than the contract price the difference wil] be paid to the
Contractor or his surety. In case of termination, aII expenses incident to
ascertaining and collecting losses under the bond, including engineering and
Iegal services, shall be assessed against the bond.
2.8. 13 CONTRACTOR'S RIGIIT IO SUSPEND WORK OR TERMINATE CONTRACT:
The Contractor may suspend work or terminate Contract upon ten (I0) days written
notice to the Owner and the Engineer, for any of the following reasons:
A. If an order of any court, or other public authority caused the work to
be stopped or suspended for a period of ninety (90) aays through no act or
fault of the Contractor or his employees,
B. If the Engineer should fail to act upon any Request for Payment wlthin
ten (I0) days after it is presented in accordance with the General Conditions
of the Contract .
C. If the Owner should fail to act upon any Request for Payment within
thirty (30) days after its approval by the Engineer.
D. If the Owner should fail to pay the Contractor any sum within thirty
(30) days after its award by arbitrators.
2-38
PART 2
GENERAL CONDITIONS
SECTION 2 .9
MEASUREMENT AND PAYMENT
2 .9 , 0 I MEASUREMENT OF OUANTiTIES: AII work acceptably completed
under the contract shall be measured by the Engineer according to United
States standard measure .
All measurements shal] be made horizontally or vertically except as here-
inafter provided. In determining the area for items bid on a square yard basis
the measurement shall be the neat dimensions shown on the plans cr ordered
in writing ,
A. Structures shall be measured accordin g to neat lines shown on the plans,
or as ordered in writing, unless otherwise provided for in the contract. When a
complete structure or structural unit, e.9., lump sum work, is specified as the
unit of measurement, the unit shall include all necessary fittings, accessories,
labor and materials for which separate payment is not provided in the contract.
B. Base course or surfacing materiaLs, will be measured and paid for by
the cubic yard or ton, whichever is specified in the proposal , in the following
manner:
L. Cubic Yard - Truck Measurement. Material paid for by the cubic
yard shall be measured in the vehicle at the point of delivery on the job. Haul-
ing shall be done only in approved vehicles. and unless all approved vehicles
are of uniform capacity, each vehlcle must bear a plainly legibie idenrification
mark indicating the approved capacity. The water level capacity of the vehicle
hauling material shall be measured by the Engineer to the nearest 0.1 cubic
yard capacity and this capacity once measured shall not be changed without
consent of the Engineer. No allowance will be made for the sertlement of mat-
erial in transit. Payment will not be made for the material heaped above the
water level capacity of the box and deductions wiII be made in l/Z clbic yard
increments for loads which do not contain the full water level capacity of the
box.
2 . Weioht Measurement. Material paid for by the weiqht shall be
weighed on accurate approved scales furnished by the Contractor. The in-
stallation of the scales shall meet the approval of the Engineer. They shall
be tested and sealed at the expense of the contractor to assure their accuracy.
AII weighing shall be performed under the direct supervision of an inspector.If material is shipped by rail the car weights wili be accepted using actual
weights and not minimum car weights used for freight charges. when payment
2-39
is made on the welght basis the moisture content in excess of 4 per cent wiII
not be Paid for .
Trucks used to haul material belng paid for by the ton shall be weighed
empty daily or at such times as the Engineer directs and each truck shall bear
a plainly legible identification mark.
Mlneral aggregates and road materials proportioned or measured by the ton
shall be weighed on beam or springless dial scales meeting the approval of the
Engineer. Automatic batching equipment may be used with written apprcval .
C.Excavation a n d Embankment shall be measured by the averaqe end
area method ,
D, Bit uminous Material shall be measured by the gallon or ton unless
payment is included with another item.
E. Timber will be measured by the thousand feet board measure (M.F"B.M.)
actually lncOrporated in the Structure with no allowance for any waste except
beveled ends. Measurement will be based on nominal widths and thicknesses
and the extreme length of each piece.
F. Gaqe. The term gage, when used in connection with the measurement
of plateJ, shall mean the U. S. Standard Gage, except that when reference is
made to the measurement of glalvanized sheets used in the manufacture of corr-
ugated metal pipe. metal plate pipe culverts and arches, and metal cribblng,
the term gage shali mean that specified in the A.A.S .H.O, Designation M- 36
or A.A.S.H.O. M- 167 for Corrugated Metal Culvert Pipe '
When the term gage refers to the measurement of wire, it shall mean U.
S . Steel Wire Gage.
G. Equipme nt Rental .contract items for equipment rental will be measured
in hours of actual working tlme and necessary travel time of the equipment
withln the Iimits of the project.
H. Wasted Materials. Material wasted or disposed of in a manner not
cailed for under the contract, rejected material, material not unloaded from
the transporting vehicle. material placed outside of the lines jndicated on
the plans or as ordered, or material remaining on hand after completion of the
work wiII not be paid for unless otherwise provided.
2-40
2.9.02 SCOPE OP PAYMENT: The quantities Iisted in the bid schedule do
not govern final payment. Payment to the Contractor wiII be made only fcr the
actual quantities of contract items or change order items performed j.n accord-
ance with the plans and specifications. The Contractor shall accept the ccm-
pensation, as herein provided, in ful1 payment for furnishing all materials,
equipment. Iabor, tools and incidentals necessary to complete the work and
for performing aII work contemplated and embraced under the contract; also for
loss or damage arising from the nature of the work, or from the actron of the
elements, or from any unforeseer' difficulties which may be enccuntered during
the prosecution of the work until the final acceptance by the Engineer. and for
all risks of every descriptlon connected with the prosecutlon of tl:e w-crk, for
all expenses incurred in consequence of the suspension or discontinuance of
the work as herein specified, and for any infringement of patent, trade mark or
copyrigh| and for completlng the wcrk according to the plans and specificatlons.
Neither the payment of any estimate or of any retained percentage shall relieve
the Contractor of any obligatron to make good any defective work cr material .
No moneys, payable under contract, or any part thereof, except the estimate
for the first month or period. sha]l become due and payable jf the cwner so
elects, until the Contractor shall satisfy the Owner that he has fuily settled
or paid for all materials and equlpment used in or upon the work and iabor done
in connection therewith, and the Owner, if he so elects, may pay any cr all
such bills, wholly or j.n part, and deduct the amount or amounts sc paid from
any monthly or final estimate excepting the first estimate.
In the event the surety on any ccntract or payment bond g:ven by the Con-
tractor becomes insolvent, or is placed in the hands of a receiver., or has its
right to do business in the State revoked as provided by Iaw, the Owner may,
at its election , withhol d payment of any esti.mate filed or approved by the Eng-
ineer until the Contractor shall grive a good and sufficient bond in lieu of the
bond so executed by such surety.
2,9,03 PAYMENT FOR iNCREASED OR DECREASED OUANTITIES: When alter-
ations in the plans or quantities of work not requiring change crders, as here-
inbefore provided for, are ordered and performed, the Contractor shal.l accept
payment in full at the Contract price for the actual quantities of wcrk done.
No allowance wiil be made for anticipated profits. Increased or decreased
work involving change orders wil] be paid for as stipulated in such agreements,
2,9 ,04 PAYMENT FOR OMITTED iIEMS: As provided in paragraph Z .4.08 ,
the Engineer shall have the right to cancel or alter the portions of the contract
relating to the construction of any item or items therein by the payment tc
the Contractor of a fair and equitable amount covering a1l items of cost in-
curred prior to the date of cancellation, alteration, or suspenslon of the work
2-4).
by order of the Engineer. The Contractor shall accept payment in full at the
contract unit prices for any work actually petformed prior to the date cf can-
cellatlon, alteratlon, or suspension of the work by order of the Engtnee!. No
allowanee will be made for anticipated proflts in relmbursements to the Con-
tractor for omitted items of work. Acceptable materlals ordered by the Con-
tractor or delivered on the work prior to the date of cancellation, alteration,
or suspension of the work by order of the Engineer will be paid for at the actual
cost to the Contractor and sha]l thereupon become the property of the Owner.
The Contractor shall submit immediately certifjed statements coverjng ail money
expended ln preparation for any omitted item and he shall be reimbursed ior
any money expended in preparation for work on any omitted item when sucli pre-
paration has no value to the remaining items of th€ contract, or for a prcpcrt-
ionat€ amount based on the totai contract price over which such preparatrcn
would ordlnarlly be distributed when other ltems are lncluded in such preparation.
2.9 .05 DETAILED BREAKDOWN OF CONTRACT AMOUNT: If requested by the
Englneer and except in cases where unit prlces form the basis for payment
under the Contract, the Contractor shall withln ten (10) days of receipt of
Notice to Proceed, submit a complete breakdown of the Contract Amount showing
the value assigned to each part of the work, includlng an allowance for profit
and overhead. Upon approval of the breakdown of the Contract Amount by the
Engineer, it shall be used as the basls for all Partial Payments.
2.9.06 PARTIAL PAYMENTS: Periodically but not more than once each month,
the Engineer will make wrltten estlmates of the materials complete in ptace and
the omount of work performed in accordance with the contract during the current
perlod of tlme between estimates and the value thereof figured at rhe contract
unit prlces, From the total of the estimate so ascertained wjll be deducted an
amount equivalent to ten (I0) per cent of tho whole, to be retained by the Owner
until after the completion of the entire contract ln an acceptable manner and
the balance oI the sum equivalent to ninety (90) per c6nt of the whole, shall
bg eertified to by th6 Engineer for payment. No estimates except final estimateswill be made for a sum Iess than five hundred dollars ($S00.00). Tl,e estimate
wtll be qpproximate only and aII partial or monthly estlmates and payment shall
be subJect to correctlon in the estimate rendered followins di.scovery of an error
in any pre.rious estimates .
should any defactive work or material be diaeovered, or should a reascnable
doubt arise as to the integrity of any part of the work eompleted previous to theflnal a6ceptance and payment, there wiII be deduqted from the first esrrmate
rendered aftBr the dlgcovery of such work an amount equal in value to the de-
fective or questioned work, ancl this work will not be included in a subsequent
estimate until the defects have been remedled or the causes for doubt removed"
2-42
uest for Paym ent , Within ten (I0) days of submissionEnqineer' s Action on Re q
of any Request for Payment by the Contractor. the Engineer sha]I:
A. Approve the Request for Payment as submitted.
B, Approve such other amount as he shall decide is due the Contractor,
informing the Contractor in writing of his reasons for approving the amended
amount.
C, Withhold the Request fcr Payment, informing the Contractor in writlng
of his reasons for withholding it.
2.9.07 OWNER'S ACTION ON AN APPROVED REQUEST FOR PAYMENT: Within
thirty (30) days from the date of approval of a Request for Payment by the Eng-
ineer, the Owner s haII:
A. Pay the Request for Payment as approved.
B. Pay such other amount in accordance wlth Paragraph 2 .9 " 08 as he
shall decide is due the Contractor, informing the Contractor and the Er.grneer
in writing of his reasons for pafing the amended amount.
C. Withhold payment in accordance wlth Paragraph 2.9.08, informing the
Engineer and Contractor of his reasons for withholdlng payment.
2.9.08 OWNER'S RIGHT TO WITHHOLD PAYMENT OT AN APPROVED REQUEST
FOR PAYMENT: The Owner may withhold payment in whole or in part cn an
approved Request for Payment to the extent necessary to protect himself f::om
Ioss on account of any of the followrng causes dlscovered subseqr,ent to app-
roval of a Request for Payment by the Engineen
A. Defective work.
B. Evidence indicating the probable filing of claims by other parties
against the Contractor.
C . Failure of the Contractor to make Payments to sub-contractors ,
material suppliers or labor.
D, Damage to another contractor.
2.9.09 INTEREST ON UNPAID REOUESTS FOR PAYMENT: Shou1d the Owner
fail to pay an approved Request for Payment within thirty (gO) aays from the
date of approval by the Engineer, and should he faii to inform the Engineer
2-43
and the Contractor in writing of his reasons for withholding payment. the
Owner shall pay the Contractor interest on the amount of the Request fcr pay-
ment at the rate of six per cent (6%) per annum until payment is made.
2,9. I0 RESPONSIBILiTY OF THE CONTRACTOR: UnIess specifica y noted
otherwlse, the Contractor shall furnish all materials and services and perform
all the work described by the Contract Documents or shall have a1I materials
and services furnished and aII the work performed at his expense. It shall be
the Contractor's responsibility to pay for:
A, Replacement of survey bench marks, reference points and stakes pro-
vided by the Owner under Paragraph 2.5 . 12.
B. Lands by Contractor provided in accordance with paragraph Z .T .16 ,
C . Insurance obtained in accordance with paragraphs 2.7 .18 and 2.7 . 19.
D, Fire Insurance obtained in accordance with paragraph 2.7 "ZO.
E. Performance and Payment Bond obtained in accordance with paragraphs
2.3.04 and 2.3.05.
F. Roya]tles required under Paragraph 2.7 .Og .
G. Perdrits and Licenses required of the contractor and all s ub-contractors .
2 .9 . I I PAYMIENT FoR UNCoRRECTED woRK: should the Ensineer direct thecontractor not to correct work that has been damaged or that was not performed
in accordance with the contract Documents, an equitable deducticn from thecontract Amount shali be made to compensate the owner fcr the uncorrected work.
2.9 ,12 PAYMENT FoR REJECTED woRK AND MATERaLS: The removal of workand materials rejected under paragraph 2.5. 16, and the re-execution of accept-able work by the contractor shall be at the expense of the contractor, and heshall pay the cost of replacing the work of other contractors destroyed or dam-aged by the removal of the rejected work or materials and the subsequent re-placement of acceptable work .
Removal of rejected work or materiars and storage of materials by the ownerin accordance with paragraph 2.5. 16 shall be paid by the contractor withinthirty (30) days after written notice to pay is given by the owner. If the con_tractor does not pay the expenses of such removal and after ten (fO) aayswritten notice being given by the owner of his intent to selr the materiars, rheowner may serl the materiars at auction or at private sare and shall pay tc the
2-44
contractor the net proceeds therefrom after deductinq aII the costs and expenses
that should have been borne by the Contractor.
2.9. 13 PAYMENT FOR EXTRA WORK: Extra work shall be performed in accord-
ance with the paragraph on "Change Orders and Extra Work,,. The change order
shall specify any change in contract time and one of the following methods of
payment:
A. Unit prices or combinations of unit prices which formed the basis of
the original contract .
B. A lump sum based on the Contractor's estimate, accepted by the Owner,
and approved by the Engineer.
C. Force A ccount:All extra work done on a force account basis will be
paid for in the manner hereinafter described, and the compensation this provided
shall be accepted by the contractor as payment in full for the use of small tools,
s uperintendent 's services. timekeeper's services, premium on bond, and all
other overhead expenses incurred in the prosecution of all extra work done on a
force account basis. Payment will be made as follows:
l. Materials , For all materials purchased by the Contractor and
used in this specific work, he will receive the actual cost of such materlal.s,
includlng freight charges, as shown by original receipted bills for materials andfreight, to which wlII be added an amount equal to fifteen (IS) per cent of the
sum thereof.
2. Labor. For all labor and foremen in direct charge of the speclficoperation, the Contractor shall be paid the following sums:
a. The current local rate of wage, but not to exceed the rate ofwage paid on contract items, or if the men have not been previously employedby the contractor, the rate shall be the same as for other similar labor, asevidenced by copies of the payroll , for each and every hour said rabor andforemen are actually engaged in such work.
The wages of any foreman who is employed partry on force account workand partly on other work shall be pro-rated between the two classes .f workaccording to the number of men empl0yed on each class of work as shown bythe payroll ,
b' The actual cost of industrial insurance or workmen,s compen-sation insurance, social security taxes and unemployment insurance.
2 -Ac.
c. Any other actual amounts p'u''d:y the Contractor by reason
of an employm"n, "orrr.u"i'nl-rl"Jly
applicable to his employees'
d' In addition to the above an amount equal to 15 per cent of
the sum of the above items '
3. Equipment ' For any machinery or special equipment other: than
small tools, the ContraJtot Jf-tulii"""i'e the 'rentil rates agreed upcn in writinql
before the work is utgrrn'io';it attual time the equipment is in operation cn
force account worX' fo tijt tentat sum 15 p"'o""t shali be added' Rental
rates shall include t"'"t"t;;;;; '"pui's' fuel and lubricants ' For all work
done on force account "iil;;
'c-t"ittt1"-t shall furnish certified copies of
the payroll on itemized it'*" '" "t"'oted bilis ' .invoices of aII material ' and
such other detailed i"t"tilution as may be required by the Engineer '
The Contractor's timekeeper and the inspector shall compare records of
extra work on a force J;;;;;J; at the end of each dav' copies of these
records shall be *uat i"-i'pii"ut" Uy the inspector and shall be signed bt'
both the inspector t"d;;;A;;;;"ctoi's timekeef"t' otu copv beins forwarded
;;;;;;il to the Ensineer and the contractor'
Force account work will be paLd for with the regular monthly estjmate for
payment .
2,g.14 PAYMENT FOR WORK SUSPENDED BY THE OWNER: If the wcrk 'Jr anv
part thereof shall be ""ot"ata by the-Owner aJId abandoned by the Ccntractor
as provided in pu'uq'upi-i' a ' rO '
-tftt
Contractor will then be entrtled tc pay-
ment for the cost tt uri'*"tr ;;;" ;; the portions so abandoned' plus 15% of
the value of the abandonei *ork to compensate for overhead' planr expense'
and anticiPated Profit '
2.9. f5 PAYMENT FOR WORK BY THE OWNER: The cost of the work performed
by the Owner ln "mot'lng construction equipment' tools ' and supplies in accord-
ance with Paragraph z 'ii ' fO and in correcting deficiencies in accordance with
i"t*t"oit 2.8 . I I , shail be paid by the Contractor '
2,9.16 PAYMENT FOR WORK BY THE OWNER FOLLOWING HIS TERMINATiON
oF THE CONTRACT:
"u,on1"r.*ution of the contract by the owner in accord-
ance with Paragraph Z'g'tZ' no further payments shall be due the Contractor
until the work is ..*pI;tJ ' If the unpaid balance of the Contract Amount
shall exceed tr.," "ost ol .ompleting the work including aII overhead costs, the
excess shali be paia to tie Cot"'u"to'' If the cost of completing the work shall
exceed the unpaid b";;" , the ccntr:actor shall pay the dif ference to the owner '
ThecostincurredbytheOwner,ashereinprovided,andthedamageincurred
2-46
through the Contractor's default, shail be certified by the Owner, and approved
by the Engineer .
2,9 ,17 PAYMENT FOR WORK TEF.MINATED BY THE CONTRACTOR: Upcn suspen-
sion of the work or termination crf the Contract by the Contractor in accordance
with Paragraph 2.8.13, the Cc-ntractor shall recover payment from the Owner for
the work performed, plus loss on plant and materials, plus established profit
and damages. as approved by the Engineer.
2.9.18 PAYMENT FOR SAMPLES AND TESTING OF MATERALS: Samples furn-
ished in accordance with Paragraph 2 ,6 .05 shall be furnished by rhe Contractor
at his expense .
A. Testing of samples and materials fumished in accordance with Paragraph
2.6.06 shall be arranged and paid for by the Owner.
B, Testing of manufactured items lncluding pipe wiII be pald fc'r by the
Contractor.
2.9. 19 RELEASE OF LIENS: The Contractor shall deliver to the Owner a com-
plete release of ail Iiens arising out of this Contract before the retained per-
centage or before the Final Request for Payment is paid. If any lien remalns
unsatisfied after all payments aie made, the Contractor shall refund to the Owner
such amounts as the Owner may have been compelled to pav in dlscharging such
liens including aII costs and a reasonable attorney's fee.
2.9 .20 ACCEPTANCE AND FINAL PAYMENT: When the Contractor shall Liave
completed the work in accordance wtth the terms of the Contract Dccuments,
the Engineer shall certify his acceptance to the Owner and his approvai of the
Contractor's final Request for Payment. which sha]I be the Contract Amount
plus all approved additions less all approved deductions and less previous
payments made. The Contractor shail fumish evidence that he has fully paid
ail debts for labor. materials, and equipment incurred in connection witi' the
work, following which the Owner shall accept the work and release the Con-
tractor except as to the condltlons of the Performance Bond, any legal rights
of the Owner, required guarantees, and Correction of Faulty Work after Final
Payment, and shall authorize payment of the Contractor's final Request for
Payment. The Contractor must allow sufficient time between the time of com-
pletion of the work and approvai of the final Request for Payment for the Eng-
ineer to assemble and check the necessary data.
2.9 .2L TERMINATION OF CONTRACTOR'S RESPONSIBiLITY: The Contract
wiII be considered complete when a.ll work has been finished, tl^e final in-
spection made by the Engineer, and the project accepted in writing by the
z-47
-
owner' The contractor's responslb ity shalr then cease, except as set forthin his Performance Bond, as required by the Guaranty period in accordancewith Paragraph 2 .6 . l0 and as provided in paragraph Z ,g ,22.
2.9 .22 coRRECTIoN oF FAUrry woRK AFTER FINAL PAYMENT: The approvalof the final Request for payment by the Engineer and the making of the finalpayment by the owner to the contractor shau not relieve the contractor ofresponsibility for faulty materials or workmanship. The owner shall promptrygive notice if faulty materials or workmanship appear and the contractor shallpromptly replace any such defects discovered within one year from the date ofwritten acceptance of the work, The Engineer shaII decide all questions arisingunder this paragraph, and aII such decisions shall be subject to arbitraticn.
2-48
3. I .01 tilOfIft tb.r. i p.alrl flcrdtlont nsy eodlfy or rup.rpcd.
3ny Dan o( thr teobafo.l Pruvlttona, Drcutng., Or*rd Condttloor. c
Sedlar on lad..
J. l.0t oolllRAcr DA?8$r
to. thb o(xrtrrstr
the bllowlng datos .Bd tlmea orr.ppllcrbl.
A. Bld oornl0q: BaEe ir.te .
l. Arafit o{ OosfiEt! Wlrtten lfotloo ot Arard vtll bo bsucd ts) D
OCttaota !l&ln 30 dtyr attc op.nloe ot bld..
O, Ex.culoo of Coetraet! ltc Contractor ghall exceute the Osr-
tnot and rotwn to the Owncr wlthh l0 dlye after nrarllng by tho Oryn r.
D. Aorbvrl ol C6trrct: ?h. O{rnat rhdl executc ths €ntract and
r.t8n to thc Contrueto, wltlrtn l0 dlyr rfror matung by thc O@trcds
E. Uglleile-&ggledt A rrrlttan totloo to kocced ftll bo lrgucd
to th. O$triator rlth ths a pprovld cos$not. ?h. Hotlo! to Pnrcrcd rtll
rp.clty ! rtGrtlng data later tban tho doto the notloG ls mrited.
P. Strrt o{ Oortrssuoo: lho Contrrctor shlll b€gln ttro rcrt wlth -ll l0 day. of thc drtc rat lo th. Ndlo. to Procc.ct.
C, C6tr.ct ?le! ?hc .iotrtrtat llo rhlll b€gln xlth th€ dat. oI
tbr l{otlec to P&raasd. ?h. ,Jontrld lloc lor ths p$r.ct 1: 60 dayr.
3-l
3 . r.03
will be
LIQUIDATED DAIvIAGES: The llquidated damages for thls prorect
$- per calendar day.
3.1.04 FEDERAL WATER POLLUTION CONTROLACT:
I. The schedule contained in the Wage Determination declsion of the
Secretary of Labor which ls made part of these speciflcations fumished the
minimum hourly rates of wages required to be paid to the various laborers
and mechanics employed directly upon the site of the work embraced by
this specification, these rates having been determined by the Secretary of
Labor to be the prevailing local wage rates for the correspondlng classes of
laborers and mechanics employed on projects of a character similar to the
contract work as determined in accordance r;vith Public Law 403 of the Seventy-
fourth Congress, approved August 30, 1935, as amended. The Wage Rates
contalned ln this decislon are straight ho urly wage rates. In some areas
management and labor organizations in the constructlon industry have coll-
ectively bargained for health and welfare fund contrlbutions. Such contrlbu-
tlons are not included in wage rates determined by the Secretary of Labor
for construction projects unless so specified in the determination.
2. No classifications of ]aborers or mechanlcs may be employed except
those designated in the schedule above mentloned. In the event that wage
rates are desired for classlficatlons not requested or classifications requested
but not fumished, application or reapplication for such classifications and
rates shall be made to the Surgeon General for transmlsslon to the Secretary
of Labor .
3 . While the wage rates shown are the minimum rates required by
these specifications to be paid during the Iife of the contract, this 1s not a
representation that labor can be obtained at these rates. It is the responsi-
bility of bidders to inform themselves as to local labor conditions and pros-
pective changes or adiustments of wage rates. No lncrease in the contract
price shall be aliowed or authorized on account of the payment of wage rates
ln excess of those listed herein.
4. Alt mechanics and laborers employed or working upon the slte of
the work w111 be paid unconditionally and not less often than once a week,
and without subsequent deduction or rebate on any account (except such
payroll deductions as are permitted by the Anti-Kickback Regulations (29
C.F.R.,Part 3)). the ful] amounts due at tlme of payment computed at wage
rates not less than those contained in the Wage Determination decision of
the Secretary of tabor which is attached hereto and made a part hereof, re-
gardless of any contractual relationship which may be alleged to exist be-
tween the Contractor or subcontractor and such laborers and mechanlcs;
3-2
I
and the Wage Determination decision shall be posted by the Contractor at
the site of the work in a prominent place where it can be easily seen by the
workers.
5 . The Orvner, or his representative, may withhold or cause to be with-
held from the Contractor so much of the accrued payments or advances as
may be cc,nsidered necessary to pay Iaborers and mechanics employed by
the contractor or an), subcontractor on the work the full amount of wages re-
quired by the corrtract. In the event of failure to pay any laborer or mechanic
employed cr v",orking on the site of the work aII or part of the wages required
by the contract, the Owner or his representative, may, after written notice
to the Contractor. take such action as may be necessary to cause the suspen-
sion of any frrrther payment, advance. or guarantee cf funds until such vio-
lations have ceased .
6. Payroll records will be maintained during the course of the work
and preserved for a period of 3 years thereafter for all laborers and mech-
anics working at the site of the work. Such records will contain the name
and address of each such employee, his correct classification, rate of pay,
daily and weekly number of hours worked, deductions made and actual wages
paid. The Contractor wj.ll make his employment records available for in-
spection by authorized representatives of the Surgeon General, and will permit
such representatives to interview employees during working hours onthe job.
The Contractor will in addition submit weekly a certified copy of all
payrolls to the Owner, or hi.s representative. Such copies shall be retained,
ln accordarrce with instructions, by the Owner for a period of 3 years from
the date of completion of the contract, and shall be available for inspection
by authorized representatives of the Surgeon General , The certification will
affirm that the payroils are correct and complete,that the wage rates contained
therein are not less than those determined by the Secretary of Labor and the
classiflcations set forth for each laborer or mechanlc conform with the work
he performs .
7. Apprentices will be permitted to work only under a bona fide appren-
ticeship program registered with a State Apprenticeship Council which is
recognized by the Federal Committee on Apprentlceship, U.S.Department of
Labor; or if no such recognized Council exists in a State, under a program
registered with the Bureau of Apprenticeship, U. S . Department of Labor.
8. The Contractor will comply with the regulations of the Secretary of
Labor made pursuant to the Anti-Kickback Act of June 13, 1934, 48 Stat.
948; 62 Stat.740; 63 Stat.108; 18 U.S.C.874, 40 U.S.Q.276b,c, and any
amendments or modifications thereof, wiII cause appropriate provisions
3-3
to be inserted in subcontracts to insure compllance therewith by all subcon-
tractors subject thereto, and will be responsible for the submission of state-
ments required of subcontractors thereunder, except as the Secretary of Labor
may specifically provlde for reasonable iimitations, variations, tolerances and
exemptions from the requirements thereof. In lieu of mailing statements re-
quired by Sections 3.3 and 3.4 of the Kickback Regulations to the Federal
Agency fwnishing financial aid on this project, the Contractor shall submit all
such statements promptly, as specified, to the Owner or to a representative
designated by the Owner. The Owner, or his representatlve, shall check the
completeness of such statements and their compllance with forms prescrlbed
in the Kickback Regulations. Such statements shall be preserved for a perlod
of 3 years from the date of completion of the contract and shall be available
for inspection by authorized representatives of the Secretary of Labor and the
Surgeon General of the Public Health Service.
9. The Contractor will insert in each of his subcontracts the provlslons
set forth in stipulations 2, 4, 5, 6,7,8 and 10 hereof, and such other
stipulations as the Surgeon General of the Publtc Health Service may by
appropriate lnstructions require.
10. A breach of stipulations 2 and 4 through 9 may be grounds for
termination of the contract. If the Contractor fails to correct any such
breach to the satisfaction of the Surgeon General of the Pubiic Health Ser-
vice within l0 days after the Owner's demand for such correction, then
the Owner may, by written notice to the Contractor, terminate his right to
proceed with the work or such part of the work as to which there has been
a breach of the aforesaid stipulations and prosecute the work to completion
by contract or otherwise, and the Contractor and his Sureties shall be
Iiable to the Owner for any excess cost occasioned the Owner thereby.
3. I. O5 ANTI-KICKBACK REGUIATIONS
A. ANTI-KICKBACK PROWSIONS:
1. The Anti-Kickback Regulations issued by the Secretary of Labor
(29 C.F.R.,Part 3) are applicable to this contract. The Contractor will
comply with these regulations incorporated herein by reference and any
amendments or modifications thereof, wiII cause appropriate provlsions to
be inserted in subcontracts to lnsure compliance therewith by all Subcon-
tractors subject thereto, and will be responsible for the submission of
statements required of subcontractors thereunder, except as the Secretary
of Labor may specifically provide for reasonable limitations, variations,
tolerances and exemptions from the requirements thereof. In lieu of
3-4
mailing statements required by Sections 3.3 and 3.4 of the Anti-Kickback
Requlatlons to the Federal agency fumishing financial aid on this project,
the Contractor shall submit all such statements promptly as specified, to
the owner or to a representative designated by the owner.
2. The Owner, or his representative, may withhold or cause to be
withheld from the Contractor so much of the accrued payments or advances
as may be considered necessary to pay Iaborers and mechanics employed by
the Contractor or any Subcontractor on the work (except for such deductlons
as are permitted by the Anti-Kickback Regulations (29 C.F.R. ,Part 3), the
full amount of wages to whlch they are entitled under their contracts of
employment. In the event of failure to pay any laborer or mechanic employed
or working on the site of the work all or part of the wages to which he ls
entitled under his contract of employment, the Owner, or his representative,
may, after written notlce to the Contractor, take such action as may be nec-
essary to cause the suspension of any further payment, advance, or guarantee
of funds until such violations have ceased,
3. Payroll records shall contain the information and be preserved as
required by Section 3.4 (b) of the Regulations. The Contractor will make
his employment records available for inspection by authorlzed represent-
atives of the State Water Pollution Control Agency, the Secretary of Labor,
and the Surgeon General , and will permit such representatives to interview
employees during working hours on the job.
4. The Contractor wlll insert in each of his subcontracts the provisions
set forth in the foregoing clauses hereof, and such other stipulations as the
Surgeon General may require by approprlate instructions.
5, A breach of stipulations (l) through (4) may be grounds for term-
ination of the contract .
B. "ANTI-KJCKBACK' ACT, COPEIAND ACT, T]TLE 18, U.S .C.
874 Kickbacks from public works employees. " Whoever, by force,
intimidation. or threat of procuring dismissal from employment, or by any
other manner whatsoever induces any person employed in the construction,
prosecution, completion or repair of any public building, public work, or
building or work financed in whole or in part by loans or grants from the
United States, to give up any part of the compensation to which he is en-
titled under his contract of employment, shall be fined not more than $5,000
or imprisoned not more than five years, or both" .
3-5
3 . I. 06 TITLE 40 U.S.C. (AS AMENDED)
276c Same; regulatlons governlng contractors and subcontractors.
"The Secretary of Labor shall make reasonable regulations for contractors
and subcontractors engaged ln the constructlon, prosecution, completlon
or repair of public buildings, public works or buildings or works financed
ln whole or ln part by loans or grants from the United States, including
a provision that each contractor and subcontractor shall fumlsh weekly a
statement with respect to the wages paid each employee during the preced-
ing week. Section I001of Title l8 shall apply to such statementsr'.
Reorganization Plan No. 14 of 1950 (fS f .R. 3L76, 64 Stat.1267, 5
U.S.C. l33z note). "In order to assure coordination of administratlon
and consistency of enforcement of the labor standards provision of each
of the (foregoing and other enumerated) Acts by the Federal agencles
responsible for the administratlon thereof, the Secretary of Labor shall
prescribe appropriate standards, regulations, and procedures, which shall
be observed by these agencies, and cause to be made by the Department
of Labor such investlgatlons, with respect to compliance with and enforce-
ment of such labor standards, as he deems desirable" .
3.1.07 CONTRACT WORK HOURS STANDARDS ACT OVERTIME COMPENSATION
(a) Overtime requirements. No contractor or subcontractor contracting
for any part of the contract work shall require or permlt any laborer or mech-
anlc to be employed on such work in excess of 8 hours ln any calendar day
or in excess of 40 hours in any workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one-half tlmes hls
basic rate of pay for all hours worked ln excess of 8 hours in any calendar
day or in excess of 40 hours in such workweek, whichever is the greater
number of overtime hours .
(b) Violations; Iiability for unpaid wages; liquidated damages. In
the event of any violation of the clause set forth in laragraph (a) , the
contractor and any subcontractor responsible therefor shal] be liable to
any affected employee for his unpaid wages. In addltion, such contractor
or subcontractor shall be Iiable to the United States (in the case of work
done under contract for the District of Columbia or a terrltory, to such
District or to such territory), for liquidated damages. Such liquidated
damages shall be computed. with respect to each individual laborer or
mechanic employed in violation of the clause (a), in the sum of $ l0 for
each calendar day on which such employee was required or permitted to
work in excess of 8 hours or ln excess of 40 hours in a workweek with-
3-6
out payment of the overtime wages required by the clause (a).
(c) Withholding for unpaid wages and Iiquidated damages. The
Federal agency for which the contract work is done or by which financial
assistance for the work is provided may v,,ithhold, or cause to be withheld,
from any moneys payable on account of w,',rk performed by the contractor
or subcontractor, the full amount of wages required by the contract and
such sums as may admini stratively be determined to be necessary to satisfy
any liabilities of such contractor or subc,intractor for liquidated damages
as provided in clause (b).
(d) Insertion of clauses in subcontrd.cts. The contractor agrees to in-
sert the foregcing clauses (a), (f), and (c), and this clause (d) in all sub-
contracts.
3 . 1.08 NONDISCRIMiNAT]ON ]N EMPLOYMENT
"Durlng the performance of this contract, the Contractor agrees as
follows:
" (1) The Contractor will not discriminate against any employee or
applicant for employment because of race, creed, cglor, or national orlgin.
The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated duripg employment, wlthout
regard to their race, creed, color, or national origin. Such action shall
include, but not be limited, to the following: Employment, upgrading,
demotion or transfer; recrultment or recruitment advertislng; Iayoff or
termination; rates of pay or other forms of compensation; and selectlon
for training, including apprenticeship. The Contractor agreeq to post
in conspicuous places, avallable to employees and appllcants for employ-
ment, notices to be provlded by the contracting officer setting forth the
provisions of this nondi scrimination clause.
"(Z) fne Contractor will , in aLl solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all qualified
applicants wrll receive consideration for emlrloyment without regard to
race, creed, color, or national origin.
" (g) fire Contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other con-
tract or understanding, a notice, to be provided by the agency contracting
officer, advising the said labor union or workers' representative of the
Contractor's commitments under this section, and shall post copies of the
3-7
notice in conspicuous places available to employees and applicants for
employment.
" (4) The Contractor will comply with all provisions of Executive Order
No. f0925 of March 6, 196I, as amended, and of the rules, regulatlons,
and relevant orders of the President's Committee on Equal Employment
Opportunity created thereby.
'(5) The Contractor wiII fumish all information and reports required
by Executive Order No. 10925 of March 6, 1961, as amended, and by the
rules , regulations , and orders of the sald Committee, or pursuant thereto,
and will permit access to his books, records, and accounts by the adminis-
trative agency and the Committee for purposes of investigation to ascertaln
compliance with such rules, regulations, and orders.
"(6) In the event of the contractor's noncompliance with the nondis-
crlmination clauses of this contract or wlth any of the said rules, regula-
tlons, or orders, this contract may be cancelled, terminated, or suspended
In whole or ln part and the contractor may be declared ineligible for further
Government contracts in accordance wlth Procedures authorized in Execu-
tive Order No. 10925 of March 6, 1961 , as amended, and such other sanc-
tions may be imposed and remedies invoked as provided in the said
Executive Order or by rule, regulation, or order of the President's Com-
mittee on Equai Employment Opportunity, or as otherwise provided by law.
"(7) The Contractor will include the provisions of paragraphs (t) through
(7) in every subcontract or purchase order unless exempted by rules, reg-
ulations, or orders of the President's Committee on Equal Employment
Opportunity issued pursuant to section 303 of Executive Order No. 10925
of March 6, 1961, as amended, so that such provisions will be binding upon
each subcontractor or vendor. The Contractor will take such action with
respect to any subcontract or purchase order as the administrative agency
may direct as a means of enforcing such provisions, including sanctions
for noncompliance: Provided, however, that in the event the Contractor
becomes involved in, or is threatened with, litigation wlth a subcontrac-
tor or vendor as a result of such direction by the administrative agency,
the Contractor may request the United States to enter into such litigation
to protect the interests of the United States".
3.].09 POSTiNG OF WAGE RATE:
(1) A copy of the vlhge Determination Decision must be posted by
the Contractor in a prominent place at the site of the work where it can
be easily seen by the workers .
3-8
3.I.10 CERTIFICATE OF PAYROLL: The payroll of the General Contractor
and each subcoritractor must be certified as follows:
"I certify that the payroll is correct and complete, that the wage
rates contained therein are not less than the applicabie rates con-
tained in The Wage Determination Decision of the Secretary of Labor
and that the classifications set forth for each laborer or mechanic
conform with the work he performs."
Signature
Title
3 .l,II CE RTIFICATE OF CONTRACTOR: The following certificate must be
executed by each Principal :Oortractor employlng Mechanics and Labor-
ers at the site of work in whlch the Federal Government is to participate.
This certificate must be submltted by the Contractor t^rlth each request
for payment:
Name of Proj ect Date
Location
Contractor for
Contract Award
Proj e ct No .
Date
" I hereby certify that all of the Contract requirements as specified
under the La
Contractor
bor Standards have been complied with by (N ame of
employing Mechanics or Laborers at the site of the work, or there ls an
honest dispute with respect to the required provlsions.
Signature
as Principal Contractor and by each Subcontractor
3-9
Title
'orm FIIA {00.2
(Reo. 930 66)
UNITED STATES DEPARTMENT OF AGRICULTURE
FARMERA HOME ADMINIETRATION
EQUAL OPPORTUNITY CLAUSE
Pursuant to Part III of Executive older 11246 ol September 24, 1965 8nd requirementa issued thereunder, thls sgree:
mert entitled "Equal Opportudty Clsuse" is hereby losorporated in and made I part ol a construction conttact
(heleln called "this contlact") dated betwee!
(Name of bortower or Sratrtee)
who erDects to flnance this contract with the Bid of a loalt, grant, or other flnanclal as8lstance from the Farmerg
Home Admlnl8trauon, Unlted states Department ol Agrlclrlture, 8nd the underElsred-
(Neme of contractor)
(herein called "the contractor" ).
Duriry the performance of this contract, the contrsctor agrees as follows:
(2) The contractor wlU, in all solicitations or advertisements for employees Dlaced by or on behalt of
the contractor, stare thst aU quslitied a,pplicants will receive consideration lor employmert without
regard to race, creed, color, or Ilatlonal origin.
(3) The conttactor wilt send to each labor unlon or reptesentative of workers with wNch he has a col-
lective b8rgaining agreement or other contract or understanding, a notlce, to be provided by the
Falmers Home Adninistration, advising the said labot uDion or wotkers' representatlve ol the con-
tractor's commitments unde! this agreement &s requlred pulsuant to section 301 of Executlve Order
11246 of september 24, 1965, and shall post copie8 ot the notice in consplcuous places evs.ilable
to employees and apDllc8nts for employment.
(4) The contractor will comply with all provisions of such Executive Order a.nd of all relevalt rules,
regulations, and orders of the Secretary of Labor and of &ny Driol authority rvhich remain in eftect.
{5) The contr8ctor will furnish all inlorFauon and reDorts required by such Executlve Order, ruIes, !e-
gulatlo[s, and orders, or purauant thereto, and wlll pemit aacess to hi8 boohs, lecords, and aG
cou[ts by the Fermers Home Administration 8nd the Sectetary o, Labor for purDoaes o[ investigaflotr
to ascertein compliance with such rules, rcgulations, and orders.
3- l0
P osition 6 FHA 400-2 (Rev. $30-66)
(1) The contractor will not discrimitrate saainst ary employee or rpplicsot ,or employment beca[ae of
race, creed, color, or national origin. The contnctor will tske atfimative action to ensure that ap-
plicants are emDloyed, and that ernployees are trested during exnployment, wlthout regard to their
r&ce, creed, color, or n ational origln. Such actioD shall lnclude, but not be limlted, to the lollowing:
employment, upgrading, demotion or transfer: recruitment or recruitment advertising; layoff or tel-
niration; rates of pay or other forms of compensation: and selectlon for traintnS, including appren-
ticeship. The contractor agrees to post in conspicuous places, available to employees 8nd appli-
cants lor employment, notices to be provided by the Farmers Home Admj.nistration setting forth the
provl610ns of thls norldiscriminatior clause.
(6) In the event of the contractor's noncompllance with the mndlscrimlnatlon clauses of this contract
or with any of the said rules. regulations, or orders, this contEct mal be cancelled, terminated, o!
suspended in whol.e or in part and the contractor mBy be declsred ineligibl€ for luther contracts ln
&ccordance with procedures authorized in such Erecutlve Oder and Buch other aanctions may be
imposed and remedi.es invoked as provided in the Buch Erecutive Order or by Bny such rule, tegul&-
tlon, or order, or as otherwise provided by law.
(7) The contractor will include the provisions of parsgrsphs (1) through (?) in every subcontract o! pur-
chase order, unless exempted by such rules, regulations, or ordera, so that such provlsions wlll be
binding upon each such subcontractor or vendor. The contlgctot rlll take such sction as the Fsrmets
Ilome Administration may direct as a neatrs of €nfotcing such provislons, including sanctions tor
noncompliance: Provided, however, that in the event the co ractor becomes lnvolved ln, or is threat-
eoed wlth, litigation with a subcontractor or vendot as a result ot such dlrectlon by the Farmerg
Home Administration, the contlactor may request the United States to etrter into such lltigation to
protect the interest of the United States.
The provislons of this "Equal OpDortunity cla[se" are not appllcable to a[y contract not exceeding 910,000.
Date Contracto
Page 3- ll
3.1. f3 WAGE RATES; prevailing wage rates ad determlned by the U.S.
Department ofLabor are applicable. Rates as determined by decision
No. Ag 6, 510 May I, 1967
Description or Work:
Building, Heavy & Hwy, Con.
Carpenters:
Carpenters
Pi.ledrivermen, Sawfiler, Stat-
ionary Power, Woodworking
Tools
Millwrights , Machine Erector,
Shingler wood & composition
Cement Masons:
,lement Masons
u.rnite-Power Machines
Electrician s:
Electric ia ns
CabIe Splicers
Ironworkers:
Reinforcing
Fence Erectors , Ornamental .
Struct .
Painters:
Brush
Spray-Stee1
Plumbers : Stea mfitters
Sheet Metal Workers
Laborers:
Carpenter Tender; Choker Setter;
Chuck Tender; Concrete Crewman;
Corrugated Metal Pipe Layeri Driller
Helper; Dumpman; Fence Erector &
Installer; FormStripper: General
Laborer; Mucker (Open Ditch) apply-
ing Concrete Curing Compounds;
Nipper; Pumpcrete Crewman, (Di stri-
bution, As semble , Dismantle);
Riprap Man; Scale Man; Stake Jum-
per; Structural Mover; Truck Loader
4.53
4 .68
.20
.20
.10
.10
s .00b
5.40
.15
.15
Basic
Hourly
Rate s H&W
$4.4s . L7
4.60 .t7
4.65 .t7
5.I5 .20
3.40 . 15
.20 .01
.20 .0r
.20 .01
}% NEBF
I% NEBF
.15
.01
,01
4.89 .20 .t5 .0I
.01
4.28
4.53
5 .03
5.199
.13
.13
.21
.15
.15
.t5
.27
.20
.02
.02
.02
.02
3- t2
.15
Pen Vaca- App.
sions tions Tr.
Baslc
HcuIly
Rates H&W
Pen
si ons
Vaca-
ti on
App.
Tr.Descrlpt icn of Wcrkl
Laborers: (cont . )
Air , Steam, Water Nozzlemeni
Cement Han dler; Cement Finrshe::
Tender; Non-Mechanical: Fcrm
Cleaning Machine; Feeder and
Stacker; Grade Ch.'cker 1Of '
tional) (Usrng Leveli; Paving
Form Setter; Powderman Helper $ 3.65
Poraer Driven Wheeibarc;w: Power
Tool Operator. Gas. Etectric or
Pneumatic; Scaffol d Ereclcr. Steel
or wood; Rod and SFteaderl Well'
Point Man, Vibr:ator Operator up to
Asphalt Raker: Asphalr Rol]er;
Chain Saw Ope:"atr-r, \&''l1h attach-
mentsi Concrete Saw, Wa.i.<rng:
Creosote Matelra. Handler, Hrgh
Scaler; Iackhammer Operalcr Pave-
ment B!eaker Operarc,r; !1f;31i--,r , 4 "
and over; Wate:: Pipe Llner. Wagc'n
Drills 3 .75
Non-Metallic CJay 6 Ci ncrete
Pipe Layer; Shc;"er and Laqger 3.8C
Power Eguipment Oper aror s:
Universal E uipment:
Backhoes, under 3 yds,' Clam-
shell Opel atcr - u,r eler 3 yC:, . ,
Cranes, under 65 t(ns: Drag-
lines, under 3 vds., Hammerhead,
High]ine. Signai Men . Whlrleys
& Similar: Nlucklng Machlnes;
Shovels. under 4 yds. 5.00
Backhoes, 3 yds. & over:
Clamshell Operator. j yds" &
overi Cranes. 65 tcns 6 c,ver;
Dragi.ines, 3 yds. & cve:' Hrrmm€r-
heads & Whirles, al]; Shovers,
3 yds. & over 5.25
"15 .15
" 15 .15
, i5 .15
.15 . 15
.15 .25 .01
3- r3
. 15 .25 .01
Bas ic
HourlyRates lll!'f4l
Pen-
sions
Vaca-
tion
App.
Tr.Desc. of Work:
Asohalt Pavino:
Roller, aII types on subgrade or
compacting or vlbrator, except
when pulled by dozer with oper-
able blade S4.fs
Dlstrlbutor Leverman; Spreader
Box, self-propelled 4.23
Asslstant Plant Operator, Flre-
man or Pugmixer; Power Broom 4.45
Adun, Barber, Green, Pavers ,
Spreaders, Yeager, etc . Eoller-
man, Finlshing Pavemenu
Screed Op. 4 .55
Asphalt Plant Operator 4.70
Concrete & Aqgreqate Equipt .
Crusher Peeder, Mechanlcal 4.15
Bagley or Stationary Scraper;
Batch & Wet Mix Operator
Belt F ini s hinq M achlne; Blower
Op. , cemenucement Hog; Con-
crete Saw, Multiple CuuLoaders,
Bucket Elevators & Conveyors;
Longltudinal Floau Mixer, port-
ablei Pavement Breaker; Hydra-
hammer & Similar; Spray CuringMachine 4 .45
Gradinq Eguipment
Grade Checker, opt. wlth Con-tractor 4.15
Tractor R/T farm type w,/attach-
ment except Backhoe 4 .45
Belt Loader, Kocal & slmilar;
Blade, Motor Patrol,lnc. attach-
menu Rubbertired Scrapers-One
. Motor with one Scraper (Tourn-
apulls, DW-20 ,21 & similar R,y'f
Scrapers;Tractors , Crawler lncl .
Dozer , Scraper, Drills , Booms ,'etc . 4 .lo
.15
.15
,?5
.25
.01
,01
.I5 .25
.ls .2s
.15 .25
.ls .2s
.15 .25
.15 .2s
.t5 .25
0I
.01
.0I
.0I
.01
.0I
.01
3-14
.15 .25 .0t
Rubber-tired Scrapers , Multiple
Propulsion Power with One
Scraper (Euclid,TS-24 & similar);
Single Power with Two Scraper
(LeToumeau, Tandem B &
similar) 4 .8S
Service Personnel
Helper, Mechanic or Welder,
H.D.;Oilers , all Other Equlpti
Welding Machines 4 .15
Serviceman, Greaser & Oiler 4.40
Oller & Cable Tender, Muck-
lng Machine 4.45
Mechanic or Welder, Heavy Duty 4.80
Migcellaneous Equlplqent
Brakeman; Compres sor;Drlller I s
Helper; Pireman; Heater Tender;
Pumpman 4.15
A-Prame, Single Drum; Compressor,
100 cu.ft. or over, or 2 more;
Hoist , single drum;Hydralift , Fork
Lift/Similar when hoistlng; Post
Hole Auger or Punch 4.45
Service Greaser
"A" Frame(Swedish Crane, Iowa
3000, Hydralift)
Flatbeds: single rear axle
Transit Mixers & Trucks Haul-
ing Concrete: 3yds. & under
Over 3 yds. to 6 yds.
Trucks, Side End & Bottom Dump:
Under 6 yds .
Over 6 yds . to 1.2 yds .
.25
.25
.0I
.0I
Basic
Hourly
Rate H&-19
Pen-
sions
Vaca-
tion
App.
Tr.
.01
.01
.01
.ls .25
.15
.15
.25
.25
.15
.15
.]s .25
.I5 .25
4.47 .23 .20
4.52 .23 .20
4.22 .23 .20
.01
.0I
4.32
4.42
.23
.23
.20,)i
4.32
4.42
.23
.23
.20
,20
Desc . of Work:
3 -I5
Desc . of Work:
Water Tank Trucks:
1800 gals .
180l - 4000 sals.
4.22
4.32
.23
.23
.20
.20
Basic
Hourly
Rate
Pen-
H&W slons
Vaca- App.
tion Tr.
Footnotes:
b - Includes 4% emplgyee contrlcutlon to Vacatlon Fund.
g - Includes $ .17 per hour employee confilbutlon to Vacatlon Fund.
3 -16
PARI .i
t
TEJIII{ICAT. PROVISIONS
WELT
i1.0.01 ECOP!! ?trlr 3cauqr oovrrrs tha drlltng and t6.tlng of c
thdlor rrtl tor lorrrrag grorild rrtcr.
{.e .0, A?tLIOAitJ PUILICA?IOX0! ?ho lollortng Frbucttlsr ot ti.
laauar Urtad bclou, but r.LrTod to thcr.lft.r by brata d.iltaatloo aly,
f*a a prt of thlg r pecltlo.ttorr to the okt.r* ladiotbd b, the ,.l*racotf.!.ts A,S.t.M. Al20 Galvtnlz.d Ptp.
A.S.!.M. A 72 Wrouelrt Itoa Plpo
4.9.03 GENERAI;
A. -flgnA Thc rvorh b be dme hcr3undcr loclud.. the fur-
ohhiaa of rll labor, matad6l, tnnaDrtruon, tolt, rupllos, plrnt
aquftoarlt rnd rppurteorncor, uatal s harcltrrttcr rDcclttcdly cxocFlcd,
ncoraaaty lf thc coaDlctc and ratlefactory construction rnd tcltlag
ol lha Foposed r.t.r supply wcll.
t. Iooruon. ?he well lr loc.t d ln th. Clty of Dl.rtdi.n ln th.
lo€otlG rhorn ln tte plrns. ?hr rlto l. loo.tcd et cllcy ralt.ldc of
8a.t Iroad botrcon Adr rod ftrrg 8tr.t..
O. Looal Conditlou. tanl condltlonr ghow that th€r€ are thrac
!) tfva l!.t ol top rdl, hrripan oad th6n grawl tfrmlrudr.
D. Llolt. ot l{o!t. lho ltalt. o{ tho lrnd enocd by ths Clty .rG
lhowE on th. ,tana. Ths Contf.ator ghall not cntd an c Ooougy yltb
mcn, to<tl., qulgmaot or mrtcrd, aey gto6d ol'tltdo tho:ptqrrty ot
tbc osnar rltbut tha ffttt.n c(na.mt of th6 ormr oi c ueh grcuid.
E. EGtglloLgf'.jglqg. Exc.ptlng a8 otherwlre provtdod h.r.lo
thr cqrgrar.hall prq.ot all ltructurcs, tF..3, r lrubbrry and trwar
durtlrg tha ,r{rofcrr oI hl. Erk, ahall rrnovc lrora thc aito all cuttlngr,
&rtlllnga, dcbrb rad u[ur.d mlterhlr, and rhrll upon ooaplotloo of
th€ rrort, ratora th. rttc ar ncarly ar pottlblc to tt! Ctglrrrl ccrdlt&Nr,
taoludllg tic nDlrcraent, at th6 Coatttot8'l eolc exganaor ol qny
faaflty c Lod.s.dag rrttoh bar bcen dtrnaged bclrooC nrstsnrtloa to ttr(rfglad coBdlus c rlcrtroycd. Wltd 9ump.d trrom the rcll rhrll br
puBrpad ls tlr guttafltnc of tlr tt'otto
4.9 -r
x
?. &tgDU@gllhAJiB.. fhe well tr to bG a 24' holo lor ap-
DaudEately l00t docp oercd all tbo way to bottom of hotc. lho crrlng
tr 6 bG fe -Dcrlfiitsd !r dlnotad by th3 Eagtloar.
.: .i ;l I I
clrtngr lo b. u!€d hcreundcr ls ! part ol thc norllaoGnt well rhrll
bc ol nrr nttrld hrvlng the ldlortng mtnlBull wolghts and dloaorlqrs!
l{omlnal gtee PtpG Sxtcmat
lnchas
tnterr:cl
lncher
Weight
o.t ft.lb. .
2{'rtcel 0.312 79.07
Clrlng rhall Seve welC6d ,otnts .
4.9.05 DSSCRIPflON OT ?IT8 WORE:
A. QfgglL lbc rlogle w.ll to bG cdr.tructcd hereundcr ah.Il bc
rpprp*aalcly 100 ftet d.cp and rhrtl lnolude thc blloutng lt in.l
1 I t{' drlllcd hole to lpprDxtmat. d.pth oI }00 tcet.
I
2. P.rrE nGrt 2,4' crrtng to 100 toot d.pth. drtvon I$o
gr.wt faErtfon. t?r. or.lltg .h.U trorGct lt tncher ebow
g[Dund.
!. Canrtruorbn Urthods. tln roll rhall be etrOlcd by cobb tol,
'rt!Irdr'd" q'r.rcusrloo nathod or by the hydraultc rDtrty nrthod.
G. QtIl&ElA[. ?h. Cootrasts rhell lurohh all neocarary pum9.,
improrlca, CunElrna, brltnc or dhiE nrcded equlp[r6nt. end ahrll dc-
wlop thc rrdl by r uch aDgfit\rod rb.thod! ra shall be n€o.amry to gtvc ttr.
ma*lmuto ylald gf l'Ga',Ir foot of drar rnd cxtrrqt frolE tho utter-bcrrlng
boatioir thc tBrxl6uE Dra6tlort qurotlt,, ol such randr rr Bay. durtng th.
llf. ol th. r.ll, bc dnsn tlnough thc p..tdatlona whon tho wrll l. gutBp€d
uodar maxl8ulr oondltlon! oI drartown.
4.'.0t, ?ESIDIG TORIIELD AHD DRAV{DO}VN:
A. ?lm oI ?.rt. Attar thc rrll har brcn oompletcly conatructcd
ond clrrud onrt and thc dopth of tho uFGll accurotcly rEatlurod, thc Cqr-
tragtor Ehrll 61ty tho EDOfo..r to tlrrt cffoot and rhdl mado thc ntoc.'lry
aramrtEgBtt lor oonductlng a flnal pulBrttrt tort. Eesldlt thrs tlnal taat,
th8 Eryfaaar ary ord.r th. Contrratc to Eal(G a uoh addltlonat pumglng terta
drrrttlg rad rttf graEuotlon cr he doe8 n corlrry. All tc!t. tholl bt run
ulth rlmlla! GtulFant aDd l[ ! llkc mantrr to thrt hrr.hrft.E dcrorlbcd.
B ?e* Puno
l. 3lll. tt Oqrtrtcd rhell furnlrh rnd rnrtall a.c.r scry
gump{ng cqulpnEnt algobte ol pumplng to t[o regutt"d gotnt ol
dlrchrrln a maxlaum of at lc..t 700 gallqrc p6r nlnut rlth
th. ,uEpfng level l0 lcrt bclor grpund but xith latlrf.€tory
thrvttung d.vlc.!, ro tlrat tha dlloh$gc may be reduced to tl00
grlloei: par mhuto .
2. Ilga. tltr puoplag unit rhall bo comphto slth DflBe
movrr of rmptr po*rt controh lad rppurtcarnoor and rhtll
bo caprble ot bslag oD.rated ulthout lnt€ffiuptlon lor a par-
lod of 2{ hourg .
C. turillrr Eouloorat. ?h. Contr.ctfi lhrtl furnrah all ntoo..rry
dtrobrlc ilrfog lC th. gun[plng uort, whroh rtrrll bo ot ll ffloLrt rlas rnd
La$h to eonduot th! xtet.r bGlnE pulnpcd r dl.taoc. of I00 fcat fro!! thc wcll .
tr rhrll rl.o rurnt.h, lnrtrll aad lElnt.ln rgulPn nt of aPgrovcd tlta lnd
tyDa lr Dctrurl[O tho flox of uet.n ! uch 6qulpmG;,t to b€. wqlr box,
rtgcc or sat.r nrotrr. ?o maotunB the alcvrtlotr of the water leval ln tbo
roll. ca clr llor eoorl.ta rrtb gcgo, hand punp and cheek valvo rhrll
bo povf dcd. Unlerr otlp'letlo p.rolttad, the .tr ltn. rhall be aooutrly
tlrt.oGd to thG purDping uolt and rhcll tGmrtnltc approrlEltaly I (..t abow
I and of thc luctian plp..
D. Duratlql ol lctt. Excopt ar oth.r'wlie povtded r tha Cont0otor
rhrlt fumtrh all labc, raotive porer, lubrlc.tlog oll and oth.r n6oor3rfy
Eat.ftalr, coulpracnt, labof rnd augpllgt roqulrad ca.! !h8ll oDatata tha
puorlog urilt.t sucb r6t6r of C!8chlrge and f6.uch pcrlod! oi tl!r. !t
dlr.ctad. crcoptlng that th€ tlnal t.at rhall bs run for thc p.rlod atlt.d
i! th. Brd -lchrduh. Accldontol lntrrruptlont Bry, 1[ Bo rgrcad upon b.-
ttrsn tho Cgnttirgto. and tl!3 Eryha.r. be comDcnrated !r by corrcspondllgly
.xtdrdlng ttr Umo o{ thc completlon oI thi t.it run. Aftcr the coarplstlon
oI tllo trml tcrt th Oqrtrreta rhrll remo by balltng, rand purnplng
il ottrer mtthtldr roy .rnd, rto{raa or Eths lotllgn mstGriat tlrrt nay hrvc
b.cooG dago.ltad ln thr rdl. tlna rtat€d f,oa the duratlon of thc flnd
tart l. a! artlatta o:rly and thc Ei:gltrcor r...rvt. tho rtgbt to rhqt.n c
cxtaBd tha D.ttd or to mskc rddttfoaS.l t.its .
.I.9.07 ?&STING fOR PLUMBNES-C ANI) AIJGNMEN?
A. nasulr.B.nt to lo3!. All holcs shall b3 cm.tructcd end rll olatngr
and llnars sct r!u$d, flumb rad ttuG to ltnc a: dr{tncd hareln. ?o dsrnonrtratc
ths coeph.ncc of hlg rork ulth thls requlrGment tnc Cortrcctor shrll furo,tah
all labor, toola. and .qulpEl.nt aad rhatl nrakc the tests dorcrlbod hd.ln
ln th6 D.nn r f.aortb.d blr aori to th. lst[faatlon of thc 8nglne.r. t .t.
lor plumbnacs Eod allgoaant murt b. aad€ rttor thc ooopletr con8truqtloa
\
of tha raU arrd bclcr ltr .cccpt!trco. Addft&rnd t.rts, hox.vrt, mry bc
Dtde by thG Oodtr.otor durlog the p.rfarunc, of tbc rErk. Xg apaaltia
payrl3ltr rhrll bo Ead. by th. Owncr lor naklng th3!. tsrt:i .nd tt rh.U
bc iacidaatd to thc oth.r wort.
t. Ell$lEllgLlllltl, Flunbnqra rnq rllgnmGnt rh.lt bs t.rt.d
by lorrrfry hto th. rrll to I dorth or 50 lcct Iron the bottsn of thc r.ll
r aactloe of FdF. tlo trct long or a dummy o[ the .cD. lcogth. tho outr
dLE.t.r ol thc Cunb rhrll not bo nrors thaa one -half lnah sEallc than
tha dtcBat'r oI that D.rt oI thc cl3rrlg or hdc bolng tastad. lt c dunmy
1r uscd tt rhalt oonsl.t of r rtgld rplndlo srth thttc rlngr, aroh ring
botng tt lacher rtdr. thr rtngs rhell be $uly ayllnddcel aad shall bo
aDtccd ooa tt Glch rad of tha ciumray and qn. rlng Itr thG o.n!6r ttr.r.or.
?hr oenml membcr of th. dulttey c lrall bc rlgld ro th.t ll rrll mdntsln
tho allgamont of th. .xc. of thc rlngi .
C. R.outr. cnt! fr rlunbd.r. rad Atlono!trt. Shoutd thc dummy
full to @rrG lraely throu{hout the l.ngrth of the oasing or holc to ! d.Dth
of 50 teot from tb€ bdton of th. rs3ll or rhould th€ w.ll vrry &om th6
wrtlcal h.xe.r! o{ trc-thirdr, the aaatl..t lnatde di6&ctcr oi th.t
pan ot $. Eoll bchg toltod pcr 100 fsot ol depth, o. bcyood bmlte-
tronr of thlr to!t, the plumbnes s and t&gnoont of thr w.tt rhrll be
a6r6atad by the Oontraotd ct hli ourfl.xD.n.. and, rhould he tarl
to cot?.st ruch laulty rllgnment fi plumbo.Bs, th. gnglnc.r nay rotusc
to aco.pt tbs uou.
fha gagil[arr rBly sclvs tho rtquirslrntr of the sbovc Darsgtaph
6r plunbmcs lf , ln h. ,udg.Eant!
l. 6l Oo.rttaota bra exsrEtlad rll pogslblc olrc ln oolr-
ttruotlag tir roll rod tb3 drtedt ir dua to clrcumrtlnco.
bcyonc hit control .
2. ?lr. utllty ot thc comDl.ted wcll rill not bo Er.t rLlly
ilt atcd.
3, tha oost d nao.a sary roatdlll fr!.ua!3 wrll ba ax-
oar'lar.
lo no .Eot uitl tb. FEvlrlons of thlr prrogrrsph wlth r..E d to
rllsaosi ba rrtrrtd.
A. Serolg of fornatlonr. thc Contractor shsll kosp rr lccurute
t.9-{
,tosd ol th. looauqt ol th. top rad bottaE of orah lEttuB panott tad .od
dall rarr aod d.llvrr to tho E, rglrler r r.npl. of Eltadd tr]oa to areh
ta t .t ol &OUng.nd rt.vary ohrnqe of lrEltroo.
l. Lcld ot c.dn Plo.. t'b C6tnot{ shrll L.p ta cc€uttt.
roccd lr arroabled o{ tha grdar, nuab.r, rilc rnd longthr of tho lndtvl-
durl plcocr o( ptDe ln.t.lbd ln tho w.tl.
O. 8t.t. ReFsdr. thc Contrlctor rhall kecp all wcll logr u rGgurt d.
D. Dlllv loo. Ths Cofltract6 ahcll matntaln his log os t orrrant
d.lly bcrl. xt th.t thG progri! r of tie rcll may ba rradtly chcohd rt ray
tfn.. fta log rhould rbotv rutur. of nl.tarlll co@untarad, lt.tn. of uort
rocoapuahe d, 8u€b !r dopth drlllcci. oraiog .at, ratsr lcval ln the woll
rt tDr brgtmlng aad crd of eqch chttt cnd sush other psnlilcat dots ar h.
oly b. raquatad to rlakc.
{.C.ot fmEDOM PnOM SAND AND ?URDlDltlf: ?hc Csrraotd rhall rx-
at?tra axtrcEa saac ln tha parformanea ot hl! wort ln gldsr to grava?rt th€
bfarldoxn or olvrng o{ rtGtr ovcrlyhg that borD whtch tho rrtlr ta to bo
dllra. Eo rhrll dc'rclop, pu6p or brll thc wcll by guEh mthodr rt nry
br rmtuved by tho EogtnGcr untll th€ wlt6r pump.d [ro$ thc woll rhrll bc
rub.UrnUally hcc tros srnd rtr'l untll thc turbidtty lg lecs thrn S oG tho
rlllca roalc.
{.9. IO IEMPORARY OAPPIIIG AND COIIER:
At rll tlnar durtnE thc p.ogr..6 of tbs rork, tho Contrtctor rhrll pro-
ttqt tb. u$f ftt ruob nrnner ar effecttvcly to prcv.rlt clti.r tclltrtao wlth
tha ralt { tht .ntranoe of lrcrgn ertt.r lnto lt, !Rd, u9o lta oonphtlon,
br lbrlt rrcvtdr lnd 3ot r .ub.tlnual acray.d, ltangcd a reldcd slp aatl. -
bot8y .^ eh. E1giaaar.
to eril ti. puep bare lr aot larttll.d lmmedlatdy the toP of tbo cutaEfirll bc Fivld.d rlth a wrtrrttght raal or ovcrtepplng corFer !t thr top.
lbr rdl rbrll b. h,.pt prgFrly covtr.d rt the top rt aU tlmoa 6xoept wh.n
troalrarr tD r.@. thG ooyr, [a tha purp$e ol la.pcctioa or to Go@Dplllb
nasaartry tnrtrllrttnna, rlp.rra, or oth.r .aranttrl opctrtloas.
'l.a. ll AIAtlDOlIYllli O? \ryELLr
lo the evrnt th.t th. coilt rctor rbdl tall tg .19I lhr polt to thr d.th
lp.slfLd or tg rush herr dc6h ar ordrnd Uy ttr\r qAgrn cd, or rhould bc
rban&r thr srll boo.urr of loss of toolr or lor ahy/qthar Surc, lx rhtll,
It Bqu..t.d oad !r dlroot.d by tho Engt!..r, AU il/c/)*@ned hot. ilth
glry c ola, and (D nor.to .nd r.eolll tt o$lng. /saYrngca matorlalr fur-
arrird by ti. O6tr stor.b.U ttErtn blr psop.rty.
4.9-5
I
{.9.12 XtAtUEIUEtfiAND lltadmr AU E ..ut B.!It..trd Erya.ntr rltl
b. bllaC G ooilnFloted vort prrlomrd la .ttlot aoddaidt rtth thr &ar-
,!ga .od rr.atltcattdrt, rnd qr tha csrtraat paynant cchrdulor lor lha lollow -
uo lt.Etr
to th€ gontnstor ot
rcEcrdbrs of quan
8.
furnlrhhg lll neocrr
pryr fo. th. co.t
md grEutlog .gulpE ot
.+
. By tbc ltno.l toot. Prtcc tnaludcr
. wcldlng, rhoGa and lnstlllotlo{r
?hle ltca poy. for thc cort to
thc ncccrrary tort pumplrl{l aqulg-th. Cqrtroetor of lns and removlng
nailt rrglrdlora oI tho quantlty gf tGrttng rcquired.
E. tortlno bt Ylrld aud Dradonn. By tbr hour tor oparaung tho
taat purag lnoludlng fud rnd opcratcrr ttm. .
f,
ofu
1
Z
SPECIFiCATIONS
for
DRiLLING OF DRAINAGE WELL
CITY OF MXRIDAN
MERIDAN, IDAHO
HOFPMANN & FISKE, ENGINEXRS
ADDENDUM No. I
The following modificatlon to the specifications are to be included:
Drawing No. 2 showing the probably geological formation
and other details are part of the specifications.
Paragraph 4.9 . l I (ABANDONMENT OF WELL) shall read as
follows instead of as written:
a. In the event that the Contractor shall fail to sink the
weII to the depth specifled or to such lesser depth as
ordered by the Engineer, or should he abandon the
well because of loss of tools or for any other cause,
he shall , if requested and as directed by the Engineer,
remove the casing, fill the abandoned hole with
sand to top of gravel strata; thence place a 5 foot
concrete plug; thence fill to within 3 feet of sur-
face with clay and then place a 3 foot concrete plug.
The Contractor wlli be responsible for cost of this item.
b. If after completion of the well , the tests indicate that
infiltration is not reduced and the project is to be
abandoned, the Contractor will proceed as outlined in
paragraph a to fill the hole except casing will not be
pulled.
The Contractor shall be paid under the appropriate bid
item if this work is requested.
4,9 .72 MEASUREMENT AND PAYMENT: AiI measurements and payments will
be based on completed work performed in strj.ct accordance with the drawings
and specifications, and on the contract payment schedules for the following
items:
A. Settinq Up and Removing Equipment. This item pays for the cost
to the Contractor of moving in the necessary drilling and grouting equipment
regardless of quantity of well work required.
B , Driliing Uncased HoIe.By the Lineal foot .
C. Furnishinq and Installing Casing. B y the Iineal foot. Price in-
cludes furnishing al.l necessary couplings, welding, shoes and installation.
D. Instal] and Remove Test Pump. This item pays for the cost to
the Contractor of installing and removing the necessa y test pumping equip-
ment regardless of the quantity of testing required.
E . Testlng for Yield and Drawdown.By the hour for operating the
test pump inciuding fuel and operator's time .
F.Fillinq Abandoned HoIe . A Iump sum price for filling abandoned
hole in accordance with specifications.
1 0 -A
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WELL CROSS SECTION
Dwg. No. Z
iotrc.,ttA^'^.t I f tsxl c.Nsu!_TtNG ENG!,\;E€r.s
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PUMP IIJSIA LLATION
Dwg. No.3
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