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Show 13. The Construction Contract Con-tract and the Detailed Spec-ifications Spec-ifications contain the provisions provis-ions required for the construction construc-tion of the project. No infor-matlon infor-matlon obtained from any officer, of-ficer, agent, or employee of the Owner on any such matters mat-ters shall In any way affect the risk or obligation assumed by the Contractor or relieve him from fulfilling any of the conditions of the contract 14. Proposals which are incomplete, in-complete, unbalanced, conditional con-ditional or obscure or which contain additions not called for, erasures, alterations or Irregularities Ir-regularities of any kind or which do not comply with the Notice and Instructions to Bidders Bid-ders may be rejected at the option of the Owner. 15. A bidder may withdraw any proposal he has submitted submit-ted at any time prior to the 'hour set for the closing of the bids provided the request for withdrawal Is signed in a manner identical with the pro. posal being withdrawn. No withdrawal or modification will be permitted atfter the hour designated for closing the bids. 16. For the purpose of clarification clar-ification It Is understood that the work to be done Is being financed In whole or in part by means of a loan and grant made or insured toy the United Unit-ed States acting through the Farmers Home Administration of the Department of Agriculture. Agricul-ture. The Farmers Home Administration Ad-ministration will, therefore, require approval by its representatives repre-sentatives of all contracts, attachments, at-tachments, and similar documents, doc-uments, all partial and final payments estimates, and all change order. 17. Computation of quantities quanti-ties that will be the basis for payment estimates, both monthly and final, iwill be NOTICE AND INSTRUCTIONS TO BIDDERS 1. Sealed bids will (be received re-ceived by the NEW CASTLE WATER COMPANY hereinafter referred to as the "Owner," for performing the work as set forth in the Plans and Specifications attached hereto, on or before 7:00 o'clock pjn., in the Newcastle Ward Bldg., March 30, 1973. 2. All bids must be made on the blank form of proposal attached hereto. 3. Each bid must be accompanied accom-panied by a certified check or bidder's ibond payable to the Owner for five percent of the total amount of the Ibid. As soon as the 'bid prices have been compared, the Owner will return the check or bond of all except the three lowest responsible bidders. When the contract Is awarded, the checks or bonds of the two remaining unsuccessful bidders bid-ders will be returned. The check or 'bond of the successful success-ful bilder will be retained until un-til the contract and surety bond have been executed and approved, after which it will be returned. 4. A iperformance and payment pay-ment ibond in the amount of 100 percent of the contract price with a corporate surety approved by the Owner and Engineer, will be required for the faithful performance of the contract, and the bidder shall state in the proposal the name and address of the surety sure-ty or sureties who will sign this bond in case the contract is awarded to him. A maintenance main-tenance bond guaranteeing the repair of all damage due to improper materials or workmanship for a period of one year after the acceptance of the work toy the Owner will also be required. made by the Engineer. 18. The word "Owner" means the New Castle Water Company. The Owner will be responsible for payment in accordance with the terms of the contract. The word "Contractor" means the person, firm or corporation to whom the award is made. Subcontract-ors Subcontract-ors as such will not toe recognized. re-cognized. The word "Engineer" refers to RALPH B. PLATT, Consulting Con-sulting Engineer, Cedar City, designated (by the Owner as its engineering representative during the course of construction construc-tion to make appropriate inspections in-spections and computations of payments. t The word "Representative" means the State Director of the Farmers Home Administration or his designee. 19. Plans and Specifications may be obtained from Ralph B. Piatt P.O. Box 398 Cedar City, Utah. A deposit of $25.00 will be required for the Plans and Specifications, $25.00 of which will be refunded to those returning them in good condition within ten days of the bid opening. 20. Inspection trips for contractors con-tractors will leave from the office of the New Castle Water Co. Newcastle, at 2:00 pjm. o'clock on 23rd df March and 26th day of aMrch 1973. NEW CASTLE WATER CO. Owner BY E. S. Tullis TITLE President Mar. 15, 22, 29, 1973 5. The party to whom the contract is awarded will ibe required forthwith to execute the contract and a performance perform-ance and payment ibond within with-in ten calendar days from the date when the written notice of the award of the contract is mailed to the bidder at the address given toy him. In case of failure to do so, the Owner may at his option consider that the bidder has abandoned abandon-ed the contract, In which case the certified check or bidder's bond accompanying the proposal pro-posal shall become the property pro-perty of the Owner. 6. The Owner reserves the right to reject any and all bids or to accept any bid. It is understood that the work to be done is toeing financed with a loan or grant or both from the Farmers Home 'Administration, 'Admini-stration, U. S. iDepartment of Agriculture. Contractors' proposals pro-posals shall hold firm for sixty days to allow the Owner to complete its financing ar-rangemens. ar-rangemens. Mutually agreed upon extensions of time may be made, if necessary. 7. If the prospective contract - exceeds f.10,000, the bidder , must submit Form FHA 400-6, ; "Compliance Statement," with ' his bid. An Equal Opportunity Clause will be a part of all . contructlon contracts exceeding exceed-ing $10,000. 8. If the prospective contract con-tract exceeds $10,000 and the i contractor has 100 or more ' employees, he will file Stand-: Stand-: ard Form 100, "Employer In-i In-i formation Report," with the Joint Reporting Committee, P. s O. Box 12, Springfield, Va. 22150, within 30 days after l the contract award and an-i an-i nually on or before March 31 thereafter for the life of the contract. 9. If the prospective contrad Is for $50,000 or more and the successful bidder has 50 or more employees, he will develop de-velop and place on file within 120 days of the contract award written a f f lrmatlve action compliance programs using Form AD-425, 'Contractor's Affirmative Action Plan for Equal Employment Opportunity," Opportun-ity," as a guideline. 10. Before the award of the contract, and bidder may (be required to furnish evidence satisfactory to the Owner and to the Engineer of the necessary neces-sary facilities, ability, and pecunlcary resources to fulfill the conditions of the said contract. con-tract. 11. Prior to signing the contract, con-tract, the Contractor shall sub-mit sub-mit on a Form acceptable to the Owner and Engineer, an overall construction schedule for the project. This construction construc-tion schedule shall htart with the proposed date signing the contract, and the completion comple-tion date shall be the date specified In the contract. 12. Bidders must satisfy themselves by personal examination exam-ination of the location of the proposed work, " by examination examina-tion of the Plans and Specifications Specifi-cations and requirements of the work and the accuracy of the estimate of the quantities of the work to Ibe done, and shall not at any time after the submission of a told dispute dis-pute or complain of such estimate nor assert that there was any misunderstanding in regard to the nature or anv own of work, to b flone, |