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HomeMy WebLinkAbout2006-018A.n CONTRACT DOCUMENTS AND SPECIFICATIONS FOR OSLO ROAD (CR 606) / LATERAL "J" CANAL BRIDGE REPLACEMENT BID NO. 2006024 PROJECT NO. 9705B PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ARTHUR R. NEUBERGER, CHAIRMAN GARY C. WHEELER, VICE CHAIRMAN THOMAS S. LOWTHER, COMMISSIONER WESLEY S. DAVIS, COMMISSIONER SANDRA L. BOWDEN, COMMISSIONER JOSEPH A. BAIRD, COUNTY ADMINISTRATOR JEFFREY K. BARTON, CLERK OF COURT WILLIAM G. COLLINS II, ESQ., COUNTY ATTORNEY TERRY B. THOMPSON, P.E., CAPITAL PROJECTS MANAGER . JANET B. DUNLAP, P.E., PROJECT ENGINEER KIMLEY-HORN ASSOCIATES, INC. 601 21" STREET, SUITE 400 VERO BEACH, FLORIDA 32960 00001 Cover Sheet.doc 00001 - 1 F:\Public Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00001 Cover Sheet.doc Rev. 05/01 0 TABLE OF CONTENTS DIVISION 0 BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF CONTRACT Section Title Section Number Advertisement for Bids Instructions to Bidders Bid Package Bid Form Bid Bond Public Entity Crimes Affidavit Sworn Statement on Disclosure of Relationships Sworn Statement Under the Florida Trench Safety Act Qualifications Questionnaire List of Subcontractors Contract Forms Notice of Award Agreement Performance Bond Payment Bond Sample Certificate of Liability Insurance Contractor's Application for Payment Certificate of Substantial Completion Contractor's Final Certification of the Work Professional Surveyor and Mapper's Certification General Conditions Supplementary Conditions DIVISION 1 GENERAL REQUIREMENTS DIVISION 2 TECHNICAL PROVISIONS APPENDIX "A" PERMITS 00100 00200 00310 00430 00450 00452 00454 00456 00458 00510 00520 00610 00612 00620 00622 00630 00632 00634 00700 00010 — Table of Contents FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00010 -Table of Contents (Capital Projects).doc 0 M Im SECTION 00100 - Advertisement for Bids BOARD OF COUNTY COMMISSIONERS 1840 25771 Street, Vero Beach, Florida 32960 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY Sealed bids will be received by Indian River County until 2:00 PM on Monday, December 19, 2005. Each bid shall be submitted in a sealed envelope and shall bear the name and address of the bidder on the outside and the words "Oslo Road (CR 606) / Lateral "J" Canal Bridge Replacement, Bid #2006041 ". Bids mailed in should be addressed to Purchasing Division, 1840 25th Street, Vero Beach, Florida 32960. Bids hand delivered should be addressed to 2525 St. Lucie Avenue, Vero Beach, Florida 32960. All bids will be opened publicly and read aloud at 2:00 PM. All bids received after 2:00 P.M., of the day specified above, will be returned unopened. INDIAN RIVER COUNTY PROJECT NO, 9705B INDIAN RIVER COUNTY BID NO. 2006041 PROJECT DESCRIPTION: Oslo Road (CR606) / Lateral "J" Canal Bridge Replacement All material and equipment furnished and all work performed shall be in strict accordance with the plans, specifications, and contract documents pertaining thereto, which may be obtained from Capital Projects Division, 2nd Floor County Administration Building, 1840 25th Street, Vero Beach, Florida 32960, (772) 226-1384. Copies of the plans and specifications containing the necessary contract documents may be obtained by deposit of a check made payable to Indian River County, in the amount of $75.00 for each set, which represents cost of printing, handling, and mailing and which is non refundable. All bids shall be submitted in duplicate on the Bid Proposal forms provided within the specifications. A BID BOND must accompany each Bid, and be properly executed by the Bidder and by a qualified surety, or certified check or cashier's check on any bank authorized to do business in the State of Florida, in the sum of not less than Five Percent (5%) of the total y amount bid, made payable to Indian River County Board of County Commissioners. In the event the Contract is awarded to the Bidder, he will enter into a Contract with the County and furnish the required Performance Bond and Payment Bond. If he fails to do so, he shall forfeit the said bid Bond as liquidated damages. Please note that the questionnaire must be filled out completely including the financial statement. 00100 - Advertisement for Bids 2006041 00100- 1 "" PAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS 2006041\00100 - Advertisement for Bids 2006041.doc IW ` The County reserves the right to delay awarding of the Contract for a period of sixty 60 days after the bid opening, to waive informalities in any bid, or reject any or all bids in whole or in part with or without cause/or to accept the bid that, in its judgement, will serve the best interest of Indian River County, Florida. The County will not reimburse any Bidder for bid preparation costs. m INDIAN RIVER COUNTY Purchasing Manager For Publication in the Vero Beach Press Journal Date: November 16, 2005 For: Vero Beach Press Journal Please furnish tear sheet and Affidavit of Publication to: INDIAN RIVER COUNTY PURCHASING DIVISION 1840 25th Street Vero Beach, FL 32960 00100 - Advertisement for Bids 2006041 00100-2 FAPublic Works\Capital Projects\Oslo Road Lateral J\BlD DOCUMENTS 2006041\00100 - Advertisement for Bids 2006041.doc SECTION 00200 No, Instructions to Bidders TABLE OF CONTENTS NNoo Article No. - Title Paqe ARTICLE 1 - DEFINED TERMS..............................................................................................3 ARTICLE 2 - COPIES OF BIDDING DOCUMENTS................................................................3 ARTICLE 3 - QUALIFICATIONS OF BIDDERS.......................................................................3 ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, ANDSITE....................................................................................................................4' ARTICLE 5 - PRE-BID CONFERENCE...................................................................................6 .O ARTICLE 6 - SITE AND OTHER AREAS.",,,,, ........ "I .................................................. emo..dd .... 6 o ARTICLE 7 - INTERPRETATIONS AND ADDENDA...............................................................6 ARTICLE 8 - BID SECURITY..................................................................................................7 ARTICLE 9 - CONTRACT TIMES'...........................................................................................7 ARTICLE 10 - LIQUIDATED DAMAGES.................................................................................7 ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS.........................................................7 ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS.......................................8 ARTICLE 13 - PREPARATION OF BID...................................................................................8 ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS, .............. 1.11 ... 11 ........... ............. 19 ARTICLE 15 - SUBMITTAL OF BID,, ................................ I., .... I .............................................. 10 OW ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID................................................10 ARTICLE 17 - OPENING OF BIDS.........................................................................................10 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE............................................10 ARTICLE 19 - AWARD OF CONTRACT.................................................................................10 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE....................................................11 "` ARTICLE 21 - SIGNING OF AGREEMENT............................................................................12 00200 - Instructions to Bidders 00200- 1 F:\Public Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00200 - Instructions to Bidders.doc EM 0 m SECTION 00200 - Instructions to Bidders TABLE OF ARTICLES (Alphabetical by Subject) Subiect Article Awardof Contract.................................................................................................................... 19 Basis of Bid; Evaluation of Bids................................................................................................ 14 BidSecurity................................................................................................................................ 8 Bids to Remain Subject to Acceptance.................................................................................... 18 Contract Security and Insurance...........................................................................0.................. 20 ContractTimes........................................................................................................................... 9 Contractsto be Assigned...........................................................................I.....................0....... 24 Copiesof Bidding Documents.................................................................................................... 2 DefinedTerms........................................................................................................................... 1 Examination of Bidding Documents, Other Related Data, and Site ........................... I ............ .... 4 Interpretationsand Addenda ........ ................................ .......................................... I................... 7 LiquidatedDamages................................................................................................................ 10 Modification and Withdrawal of Bid..................................................................4.....................M. 16 Openingof Bids......................................................................................................................a 17 Partnering............. ............................ ............................... ................ .......................... M.M........... 25 Pre -Bid Conference., ............................. I ... 1.11,11, . . . . . . . . . . . . . . d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Preparationof Bid.................................................................................................................... 13 Qualificationsof Bidders............................................................................................................ 3 Retainage......................................................................................................................... a . . . . . . . 23 Salesand Use Taxes............................................................................................................... 22 Signingof Agreement............................................................................................................... 21 Siteand Other Areas.................................................................................................................. 6 Subcontractors, Suppliers and Others., ........ I ........................................................................... 12 Submittalof Bid........................................................................................................................ 15 Substitute or "Or -Equal' Items.................................................................................................. 11 00200 - Instructions to Bidders 00200-2 F:\Public Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00200 - Instructions to Bidders.doc SECTION 00200 - Instructions to Bidders ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. Bidder --The individual or entity who submits a Bid directly to OWNER. B. Issuing Office --The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. C. Successful Bidder --The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents, 2.03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within five days of OWNER's request Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below. A. Bidder must have at least five years' experience in the construction of similar projects of this size and larger. B. Bidder must have successfully constructed, as prime CONTRACTOR, at least three projects similar in scope to this project. C. Bidder must have good recommendations from at least three clients similar to the OWNER. D. The Bidder's superintendent and assistants must be qualified and experienced in similar projects in all categories. E. Bidder must be able to provide evidence of authority to conduct business in the jurisdiction in which the project is located. 3.02 Each bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. 00200 - Instructions to Bidders 00200-3 w FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00200 - Instructions to Bidders.doc Rev. 05/01 s 3.03 The OWNER reserves the right to reject bids from Bidders that are unable to meet the listed required qualifications. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Bidding Documents. , B. Copies of reports and drawings referenced in paragraph 4.01.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.02 of the General Conditions has been identified and established in paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by OWNERs of such Underground Facilities, including OWNER, or . others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in paragraph 4.03.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.06 of the General Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished tc prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in 00200 - Instructions to Bidders 00200-4 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00200 - Instructions to Bidders.doc Rev. 05/01 C3 the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4.06 of the General Conditions. 4.05 Upon a request directed to the ENGINEER (Janet Dunlap, P.E., (772) 226-1510), OWNER will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. 4.06 [This paragraph has been deleted intentionally] 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents; B. VISIT THE SITE AND BECOME FAMILIAR WITH AND SATISFY BIDDER AS TO THE GENERAL, LOCAL, AND SITE CONDITIONS THAT MAY AFFECT COST, PROGRESS, AND PERFORMANCE OF THE WORK; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work; D. carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions; E. obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (overhead, surface, subsurface, and Underground Facilities) at or contiguous to the - Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents; H. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; 00200 - Instructions to Bidders 00200-5 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00200 - Instructions to Bidders.doc Rev. 05/01 , I. promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE-BID CONFERENCE 5.01 The date, time, and location for a Pre -Bid conference, if any, are specified in the Advertisement for Bids. Representatives of OWNER and ENGINEER will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. 00200 - Instructions to Bidders 00200-6 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00200 - Instructions to Bidders.doc Rev. 05/01 M ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid security made payable to OWNER in the amount specified in the Bid Form and in the form of a certified or bank check or a Bid Bond [on the form attached except as provided otherwise by Laws or Regulations]. All Bonds shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as . Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. The Surety must be authorized to issue surety bonds in Florida. The Bidder shall require the attorney-in-fact who executes any Bond, to affix to each a current certified copy of their Power of Attorney, reflecting such person's authority as Power of Attorney in the State of Florida. Further, at the time of execution of the Contract, the Successful Bidder , shall for all Bonds, provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304- 9308. The Surety shall also meet the requirements of paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. 8.03 Bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of calendar days within which, or the dates by which, the Work is to be (a) Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or- equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to 00200 - Instructions to Bidders 00200-7 °' FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00200 - Instructions to Bidders.doc Rev. 05/01 ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the General Requirements. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to OWNER a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by OWNER. If OWNER or ENGINEER, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid. 12.02 If apparent Successful Bidder declines to make any such substitution, OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6.06 of the General Conditions. 12.03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom CONTRACTOR has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid form is included with the Bidding Documents. Additional copies may be obtained from the Issuing Office. 13.02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the Bid signed. A Bid price shall be indicated for each section, Bid item, alternative, adjustment unit price item, and unit price item listed therein, or the words "No Bid," "No Change," or "Not �. Applicable" entered. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 00200 - Instructions to Bidders 00200-8 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00200 - Instructions to Bidders.doc Rev. 05/01 M M 0 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturor in the manner indicated on the Bid form. The official address of the joint venture must be shown below the signature. 13.08 All names shall be typed or printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid form. 13.10 The address and telephone number for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number or county registration number for the state or county of the Project, if any, shall also be shown on the Bid form. 13.12 All supporting information requested in the Bid Form must be furnished. Do not leave any questions or requests unanswered. ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS 14.01 Unit Price. A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule. B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in paragraph 11.02 of the General Conditions. 14.03 The Bidder's attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the Specifications as shown on the Bid Schedule, or elsewhere, is approximate only and not guaranteed. The OWNER does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities, nor shall the Bidder plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work, or other conditions pertaining thereto. 00200 - Instructions to Bidders 00200-9 "' F:\Public Works\Capital Projects\Oslo Road Lateral MID DOCUMENTS\00200 - Instructions to Bidders.doc Rev. 05/01 ,W M ARTICLE 15 - SUBMITTAL OF BID 15.01 The Bid form is to be completed and submitted with the Bid security and the following data: A. Public Entity Crimes Statement. B. Sworn Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships. C. Sworn Statement under the Florida Trench Safety Act. D. General Information Required of Bidders. E. List of Subcontractors. 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If mail or other delivery system sends a Bid, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED." Bids mailed in should be addressed to Purchasing Division, 1840 25th Street, Vero Beach, Florida 32960. Bids hand delivered should be addressed to 2525 St. Lucie Avenue, Vero Beach, Florida 32960. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 19 - AWARD OF CONTRACT 00200 - Instructions to Bidders 00200- 10 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00200 - Instructions to Bidders.doc Rev. 05/01 19.01 OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non -responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. The County will not reimburse any Bidder for bid preparation costs. The OWNER reserves the right to select, from among the various Bid alternatives, those alternatives to be included in the final Contract as well as the right and option to award or re -bid alternatives in any sequence or at any time deemed to be in the best interest of the OWNER. 19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.03 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. It is the OWNER's intent to accept alternates (if any are accepted) in the order in which they are listed on the Bid form, but OWNER may accept them in any order or combination. 19.04 In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. 19.06 If the Contract is to be awarded, OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER's requirements as to performance and payment Bonds and insurance. When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by such Bonds, unless the Bonds have been waived due to the total contract being less than $50,000. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. The sureties for all Bonds must be authorized to issue surety bonds in Florida. The CONTRACTOR shall require the attorney-in-fact who executes any Bond, to affix to each a current certified copy of their Power of Attorney, reflecting such person's authority as Power of Attorney in the State of Florida. Further, at the time of execution of the Contract, the CONTRACTOR shall for 00200 - Instructions to Bidders 00200-11 "� FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00200 - Instructions to Bidders.doc Rev. 05/01 IM all Bonds, provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304-9308. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract .Documents which are identified in the Agreement as attached thereto. Within fifteen (15) days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. 21.02 OWNER shall return one fully signed counterpart to Successful Bidder. 21.03 Should Bidder to whom the Contract has been awarded refuse or fail to complete the requirements of Article 21.01 above, the additional time in calendar days, required to correctly complete the documents will be deducted, in equal amount, from the Contract time. Or, the OWNER may elect to revoke the Award and the OWNER shall hold the Bid Bond for consequential damages incurred, and the Contract may be awarded as the OWNER desires. * * END OF SECTION * * 00200- 12 F:\Public Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00200 -Instructions to Bidders.doc Rev. 05/01 00200 - Instructions to Bidders �n SECTION 00300 - Bid Package Contents THIS PACKAGE CONTAINS: SECTION TITLE Bid Form Bid Bond Public Entity Crimes Statement Sworn Statement on Disclosure of Relationships Sworn Statement Under the Florida Trench Safety Act General Information Required of Bidders List of Subcontractors SECTION NUMBER 00310 00430 00450 00452 00454 00456 00458 SUBMIT TWO (2) COPIES OF THIS COMPLETE PACKAGE WITH YOUR BID * * END OF SECTION * * 00300 - Bid Package Contents 00300 1 ,,,, FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00300 - Bid Package Contents.doc Rev. 05/01 w ti UO E b 00 06 0 0`00 00 o 00 N cC O [� 69 >1 M 3 0 °O 000 C*n 6R 0 N e-� 0 cn X19JU S 140UOJJL DC OznsolosiQ sooud Bull x UUOj Pig x UPUOPPV Pnog Pig 0 � U z O b N Li w � cC � SECTION 00310 - Bid Form PROJECT IDENTIFICATION: Project Name: Oslo Road (CR 606) / Lateral "J" Canal Bridge _Replacement County Project Number: 9705 B Project Address: Oslo Road (CR 606) at Lateral "J" Canal Between 12'x' Avenue & Old Dixie Highway Project Description: Oslo Road (CR606) / Lateral °J" Canal Bridge Replacement THIS BID IS SUBMITTED TO: INDIAN RIVER COUNTY 2525 St. Lucie Avenue VERO BEACH, FLORIDA 32960 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER. 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged. Addendum Date Addendum Number B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. 00310 - Bid Form 2006041 00310-1 F:Tubllc Works\Capital Projacts\Oslo Road lateral J\BID DOCUMENTS 2006041\00310. Bid Form 2006041.doc Rev. 05116101 E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including. applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documerits, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents, I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. (The remainder of page intentionally left blank) 00310 - Bid Form 2006041 00310-2 F.\Publlc Works\Capital Projects\Oslo Road lateral J\BID DOCUMENTS 2006041\00310o Bid Form 2006041.doc Rev. 05/16/01 0 m O co O O N E L O U. a m O O O O O O O O W) 0 0 0 0 0 0 0 00 O O O N O 0 0 0 0 0 0 0 0 0 O O O O O N 0 0 0 0 0 0 0 0 0 0 kn O kn 0 0 0 0 0 0 O O kn %c kn O vl v) M O kn O Ott k O O O O N O 00 01 �t N O N 00 � 00 CT %O O N 00 CT O r �c C1 IC� kn O 00 O r-+ O 0� 00 O ct O � O\ O v) W) 00 to M vn M v) �,o to 4t u) [� ,o �,O sO r� to M M kn r� r` vi o0 �t r� N %o %o -+ N r� r� vi �%D 00 kn kn tnU 0 0 0 0 kn to 0 0 0 0 0 0 0 00 0 0 0 00 0 0 0 0 0 0 0 0 O O N vi 00 00 O O O 00 O v $�D as te r+ O\ 00 v1 O O O 01 O N �t Mt O 04\ -- O O r� to -- r� M M kn O 00 0*� Cr O - � CT vi -� N kn M 01 N Z O - k CT O CJ Cl LO N MC) 0 O CD Cn M 0 0 O N Z r r r p LL) N r M r r r t� v ti r 0 L6 � r O r r (V r Q N LO d r p M 0 Lc In M � W Q^ w w co = LL LL ¢ Q co 0 co >- >- i co >- }' >- >- Z Z >- W LL Z LL LL Z Ui U Ui CD I— F- U J Q Q um E O O =3 ,(D ^ ^ W x Ids E O O Cfl O Q Z N NCIO (D O a� a� > CL � o U m m i� » Cl) o E.�a'o^UU L.�. 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W 0 = s V s �o O t O V1 O C ui O N i � c WL N r O O t E E m E z m U Z (V W •o � CL m Ca 0 H 0 0 O o o p O p o 0 0 0 0 0 0 0 O O l� O V1 O O O O O O O O O N O O Or� O O O kn O vi to O C m kn O kn M O In p N V'1 r� l� 0 0 ^- M O 00 O r` kn \%O N 00 M 0 0 0 U) N kn C N 00 N M N V M O v) -� V O O O O O O O O O O O O r� to O kn O O O kn O O O O O 00 V7 O H O V) O N O V) N O O 00 N 00 (� 00 M O l Z O (� it ~ } F- O z O LO Ln LO N O U c1 cvj c0 N N N M T T N N J LO T u' O F' W N ~ Q LL Z LLLL LL Q Q Q Q Q Q Q Q J H- _I .J _l w W w w w w w W I J H H LILJ 0 Li. Z O f_ G CL N cn R n x N CO) J UJ D O > C � N > w j r > T od �� V N O O Of m N «. oa O E c Q N� L.L7 O Ix c > > O Q sZ o tl Q 0cn a ca xx c cc c (o cts U •� Em co /� W � >> � >� m L cc w d IL E .Q Q. N N 7 v N N CO N (n H W.> LL LL � co N (0 � O O Z 0 0 0 0 0 O T- O c0 O O O O IT O qq� NT T O O O O N M W 0') T T T T T T T r T 00 T T O T N M CO O LO N cM V- ma 00 N O T T T T T M � qt' d' . y. v � a) CO c0 CO co CO Cfl (0 CO CO CO CO co co 0 H 0 0 Fn m LL LL O O C> Z z D D O O Q 0 'D Q Q O O H F -- O O N E O LL m O M O O o co O N N Ui 0 m O 0 O O 0 CD O O N fn z w U O D m m m 0 0 ItO 0 0 a m .Q m Y U a n. U. 0 M I C> To Q) O O 0 'D o co O N N Ui 0 m O 0 O O 0 CD O O N fn z w U O D m m m 0 0 ItO 0 0 a m .Q m Y U a n. U. ITEMIZED BID SCHEDULE Project Name: Oslo Road (CR 606) Lateral "J" Canal Bridge Replacement Bidder Name: LULL M,At LW6 0 VJT-i W, 'Ai C . 5.01 Bidder shall complete the Work in accordance with the Contract Documents for the price(s) contained in the Bid Schedule: A. The Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. n Be The Owner reserves the right to omit or add to the construction of any portion or portions of the work heretofore enumerated or shown on the plans. Furthermore, the Owner reserves the right to omit in its entirety any one or more items of the Contract without forfeiture of Contract or claims for loss of anticipated profits or any claims by the Contractor on account of such omissions. C. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided. The quantities actually required to complete the contract and work may be less or more than so estimated, and, if so, no action for damages or for loss of profits shall accrue to the Contractor by reason thereof. D. Unit Prices have been computed in accordance with paragraph 11.03.8 of the General Conditions. 6.01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 14.07.6 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of 9(1p qgibAl Be A tabulation of Subcontractors, Suppliers (and other) individuals and entities required to be identified in this Bid; C. Statement of Public Entity Crimes; D. Sworn Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships; E. Sworn Statement Under the Florida Trench Safety Act; F. General Information Required of Bidders; G. List of Subcontractors; and H. (List other documents as pertinent). 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in 00310-6 F:\Public WorWCaphal Projects\Oslo Road Lateral J\BID DOCUMENTS 2006041\00310 - Bid Form 2006041.doc Rev. 05/01 m 00310 - Bid Form 2006041 ITEMIZED BID SCHEDULE Project Name: Oslo Road (CR 606) Lateral "J" Canal Bridge Replacement Bidder Name: LUCAS nkAe p\i cAnA6TkuLTivk4j WC . the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED on j)eLE'W&& 19 , 20 OS. State Contractor License No. CGC 0o90--6jOb� If Bidder is: An Individual Name (typed or printed): By: (Individual's signature) Doing business as: Business address: Phone No.: A_ Partnership Partnership Name: By: FAX No.: (Signature of general partner -- attach evidence of authority to sign) Name (typed or printed): Business address: (SEAL) (SEAL) TT Phone No.: FAX No.: A Corporation Corporation Name$ LV�CAS MAQ t k(t-' GarJ 7►2 u r�o�l , r n.1C (SEAL) State, of Incorporation: F1.W . t W Type Gene al -Business, Professional, Service, Limited Liability): (eJQdEY4L ,�tkSitilr"rSS By. (Signature -- attac evidence oau ority to sign) Name (typed or printed): �)&J io VL, L -ALGA. Title: Attest (Signature of C�6rporate Secretary) Business address: �1 Phone No.: _(�3a) a -$e- sit FAX No.: 00310-7 FAPubllc Works\Capital Proiects\Osto Road Lateral J\BID DOCUMENTS 2006041\00310- Bld Form 2006041.doc Rev. 05/01 (CORPORATE SEAL) 00310 - Bid Form 2006041 ED ITEMIZED BID SCHEDULE Project Name: Oslo Road (CR 606) Lateral "J" Canal_B Bidder Name: L M uc ri od 0 dAIC Date of Qualification to do business is 413o I R I A Joint Venture Joint Venture Name: By: (Signature of joint venture partner -- attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: Joint Venture Name: By: FAX No.: (Signature -- attach evidence of authority to sign) Name (typed or printed). Title: Business address: Phone No.. FAX No.: Phone and FAX Number, and Address for receipt of official communications: (SEAL) (SEAL) (Each joint venturor must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) * * END OF SECTION * * 00310-8 FAPubllc Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS 2006041\00310 • Bid Form 2006041.doc Rev. 05/01 00310 - Bld Form 2006041 sem. THIS BOND COMPLIES WITH THE TERRORISM RISK INSURANCE ACT OF 2002 (TRIA). SECTION 00430 - Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we LUCAS MARINE CONSTRUCTION, INC. (BIDDER'S NAME) as Principal, and WESTFIELD INSURANCE COMPANY (SURETY'S NAME) OHIO a corporation duty organized under the Laws of the State of %Hela as a Surety with its principal offices in the City of WESTFIELD CENTER and authorized to do business in the State of ' Florida, are held and firmly bound unto INDIAN RIVER COUNTY (hereinafter called the OWNER) in the penal sum of FIVE PERCENT OF AMOUNT BID Dollars ($ 5°% ), lawful money of the United States, amounting to 5% of the total bid price, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents, Whereas said Principal is herewith submitting a Bid dated DECEMBER 19TH 20 05 for the construction of: Project Name: Oslo Road (CR 606) / Lateral "J" Canal Bridge Replacement County Project Number: 97058 Project Address: Oslo Road (CR 606) at Lateral "J' Canal between 12t4 Avenue & Old Dixie Highway Project Description: Bridge Replacement NOW THEREFORE, the condition of the above obligation is such that if the Principal does not withdraw said Bid within the period of time set forth in the Bid Documents, and on or before the fifteenth, day after the Notice of Award, the Principal enters into a written contract with the OWNER in accordance with the Bid as accepted, and if the Nncipal gives the required bonds with good and sufficient sureties for the faithful perfbrr=ce and proper fulfillment of such Contract and for the protection of laborers and mraterialmen, then this obligation shall be null and void. Otherwise, the principal and Surety, jointly and severally, shall on or beforie the sixtieth day after request by the OWNER, pay to the OWNER in money, the difference between the amount specified in said Bid and the amount for which the OWNER may procure the required work if the latter amount is greater than the former, together with, any expense and reasonable attorney fees, including appellate proceedings, incurred by the OWNER if suit is brought hereon, but in, no event sball Surety's liability exceed the penal sum hereof plus such expenses and attorney's fees. IN WITNESS 'Wl-W EOF, the above -bound parties have executed this instrument under their several seals this 19THday of DECEMBER , 20 05 ,the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Signed, sealed and delivered in the Signature of Individual 00330 - ? F:,Vvbl1c waftr.apilgt P`ogeatslDelo good Lemery J01D DDCUMCWMV0430 - Bid aMd.doc Rev. 05MI M 00430 - Hid Bond EM 0 f witness Address HENDM RIN PAL NAME: Sued, sealed and delivered in Printed Name of Individual Witness Name of BY: Address Partner Witness Address of: Signed, sealed and delivered in tpt presence of: Witness N of Parmership BY: Address partner Winless Name of Partner Printed Name of Partner (SEAL) WHEN TUE "RINCIPAL IS A CORPORATION: Attest: 00430 - Md Bona 00430-2 F:1A,bllc WakaSCeplry� pro�tct&10EtD Rogp Lsror81 AM DOCUMENTSM420. 6fd Sond.doa Rov, 05/01 w EM Came of LUCAS MARINE CONSTRUCTION, BY(f- - Corporate SEAL) Printed Name �p� V t D �� Ll C C AS Official Title Q ES til T INC. l cc , certify that Z am the Secretary of the corporation named as Principal in the within bond; that ,TyWO L-t-u.Ltt-S , who signed the said bond on behalf of the Principal was then Ve ES I'Dg✓N-r o€ said corporation: that I know his signature, and his signature thereto is genuine; and that said Bond was duly signed, sealed and attested for and un behalf of Said corporation by authority of Its governing body. �t (SEAL) TOLE MCUTEU BY CORPORATE SUR TY: Attest: fecretary Corporate Surety WESTFIELD INSURANCE COMPANY KANANI CORDERO, WITNESS Business A.ddmss P.O. BOX 5001, WESTFIELD CENTER, OH 44251-5001 BY; (Affix Corporate SFAI (Attach, Power of Attorney) KATIE N. BIRD Attorney -Irl Fact & FLORIDA LICENSED RESIDENT AGENT Name of Local Agency GUIGNARD COMPANY Business Address STATE OF ROMA 1904 BOOTHE CIRCLE COUNTY OF LNDjAN,RIVER LONGWOOD, FL 32750 INQUIRIES: (407) 834-0022 Before rne, a Notary Public, duly commissioned, qualified and acting, personally appeared KATIE N. BIRD , to me well known, who being by = first duly sworn upon oath, says that he is the attorney-in-fact for the WESTFIELD INSURANCE COMPANY and that he has been authorized by WESTFIELD INSURANCto extcute the foregoing bond on behalf of the CONTRACTOR named therein in COMPANY 00430 - Bid Bond 00430.3 HPUGIIc WorkalCeDltel PFoW5 0810 Rogd LEterat J80 DUCVMENTSOU30 • CIO Bond.aDc Nay. 05101 sm favor of the County of Indian River, Florida. Subscribed and sworn to before rlae this -19TH day of DECEMBER / KATHLEEN A. CLAWSON KATHLEEN A. CLAWSON, Notary Public, State of Florida Notary Public, State of Florida My comm. exp. Aug. 309 2008 My Comunission Expires: AUGUST 30, 2008 Comm. No, DD 351092 Any claims under this bond shall be addressed to: Name and address of Surety; WESTFIELD INSURANCE COMPANY P.O. BOX 5001 WESTFIELD CENTER, OH 44251-5001 Name and address of agent or representative in Florida if different from above: GUIGNARD COMPANY 1904 BOOTHE CIRCLE LONGWOOD. FL 32750 Telephone number of Surety and (330) 887-0101 agent or representative in Florida: 407 834 - 0022 + + END OF SECTION + + 00430 - atd Bond 004,30%4 r,1PUN6 w0ft\rapNaN PrgaC13MVry Roan leroRl .HIND 00CUMINiSWOdOo - Bid Ionadc+c Rev, 051U1 Date December 19th, 2005 Policy/Bond Number 121905IndianRiver Quote ❑ Name Lucas Marine Construction, Inc. Street Address 3130 SE Slater Street City, State, Zip Stuart, FL 34997 WESTFIELD INSURANCE A member of Westfield Groups"' Policyholder and/or Bondholder Disclosure: NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act'). The Act became effective immediately and establishes a temporary Federal program that provides for a system of shared public and private compensation for an "insured loss" resulting from certified acts of foreign "terrorism", as defined under the Act. The Act further requires that all in -force exclusions for acts of terrorism, as defined in the Act, already contained in a policy/bond or included as an endorsement in a policy/bond, become nullified as of November 26, 2002. Coverage for act of terrorism is included in your current policy/bond and/or in any policy/bond quoted for you. You should know that, effective November 26, 2002, under your existing coverage, any losses caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The actual coverage provided by your policy/bond for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your policy/bond, any endorsement to the policy/bond and generally applicable rules of law. During your current policy/bond period, the portion or your premium that is attributed to coverage for acts of terrorism is $0.00. If it becomes necessary to include a premium for terrorism coverage in a future renewal of your policy/bond, you will receive notification of that premium through a separate line in your policy/bond. Should you have any question regarding this notice, please contact your insurance agent. Agency Name Guil4nard Company City, State, Zip Longwood, FL 32750 Agency Code One Park Circle • PO Box 5001 • Westfield Center, OH 44251-5001 • 1.800.243.0210 • fax 330.887.0840 • www.westfieldgrp.com AD 8529A 11 02 THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 05/11/03, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 0991862 02 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company' and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint JACK W. GUIGNARD, BRYCE R. GUIGNARD, M. GARY FRANCIS, PAUL J. CIAMBRIELLO, APRIL L. LIVELY, JENNIFER L. MCCARTA, KATIE N. BIRD, MARGIE LYNN MORRIS, BRETT A. RAGLAND, JOINTLY OR SEVERALLY of LONGWOOD and State of FL its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bondsrecognizances, undertakings, or other instruments or contracts of , suretyship . . . . . . . . .. . . . . . . • . . - . . . . . . - . . . . . .. . . • . . • . - . . . . . . . . - - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 11th day of MAY A.D., 2003 . % Corporate t_e7i�t°' • »FfE:o�NN »fe0'"eiYR(�Seals WSTFIELD INSURANCE COMPANY Affixed WESTFIELD NATIONAL INSURANCE COM PANY: �SP•OHIO FARMERS INSURANCE COMPANY :33►n_; SEALromSEALtm _O: 3;�r •.. '�°' r° V = Z- r0 �, ; • 1848 :! �, .,•.,.r '. a 00 .... 4 State of Ohio •~+uwu,,,,a•� * ,,.,• ' 0��'•..,;, County of Medina ss.: Richard L. Kinnaird, Jr., Senior Executive On this 11th day of MAY A.D., 2003 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial ` ,,,,,,.,,,,»••, Seal �1 A L S Affixed O! =,s State of Ohio d 411 County of Medina ss.: ' , 9Tf of 0k, William J. Kahelin, AVfirney at Law, Notary Public My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) I, John T. H. Batchelder, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof; I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this -9TH day of DECIs'1•P &R A.J., 2005 v..o. •',. ON.. �`�. ti ENSU �c, ,o`er• sG . QS r s f� N E- _ = SEAL _$- .ao. - �,�h'•. 1848 ••i - John T. H. Ba 'l►'.�• fry$;01 rp tchelder, Secretary '� •..•.w•� ''•. ,.• • �' 0,110,010 e" 4 •'•�• O 11' ' 4ttko ' BPOAC2 (combined) (06.02) SECTION 00450 = Public Entity Crimes Statement FLORIDA STATUTES ON PUBLIC ENTITY CRIMES, SECTION 287.133 Pursuant to Florida Statutes Section 287.133(2)(a), all Bidders are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity (defined as the State of Florida, any of its departments or agencies, or any political subdivision); may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes Section 287.017 for CATEGORY TWO [currently $25,000] for a period of 36 months from the date of being placed on the convicted vendor list. A "public entity crime" means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid, ` proposal, reply, or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. * * END OF SECTION * * 00450 - Public Entity Crimes Statement 00450,1 •;'FAPubllc Worka\Capltal Projaots\Oslo Road, Lateral J\BID DOCUMENTS\00450 - Public Entity Crimes Stalement.doc Rev. 05/01 SECTION 00452 - Sworn Statement under Sect. 105.08 Indian River County Code on Disclosure of Relationships THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted with Bid, Proposal or Contract No. 9705B for Oslo Road (CR606) / Lateral "J" Canal Bridge Replacement 1. This sworn statement is submitted by: uiCAo eapd tMF_ WC (Name of entity submitting sworn statement) whose business address is: &SO Sr SLA-PrEiZ sT . <�zuA4T, FL aqqC14 and (if applicable) its Federal Employer Identification Number (FEIN) is 69-a9024-87 (If the entity has noEIN, include the Social Security Number of the individual signing this sworn statement pjii� ). 2. My name is ley IN V..- . LUL KS (Please print name of individual signing) and my relationship to the entity named above is &ES1DEA1T 3. 1 understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 4. 1 understand that the relationship with a County Commissioner or County employee that must be disclosed is as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in- law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent or grandchild. 5. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] / Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in Section 105.08, Indian River County Code, with any County Commissioner or County employee. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity have the following relationships with a County Commissioner or County employee: 00452 . Disclosure of Relationships 00452. 1 FAPubllc Works\Capltal Projects\Oslo Road Lateral J\BID DOCUMENTS\00452 - Disclosure of Relatlonships.doc Rev. 05/01 n (signature) (date) STATE OF l.04A COUNTY OF 1111 Tt 0 Personally appeared before me, the undersigned authority, T)1 Vi(Z IL. L'" fis who after first being sworn by me, affixed his/her signature in the space provided above on this (4- day of l' F.MaeiL , 20 2. 4 �611649FF98-0153 6B� ELYZZAH R HEFFERNAN otaryic, State arge My coMMlssfoN # DD4If ls7 My Commission Expi es: 3J40 ,OQ� EXPIRES: Mar.24,2009 Florida Notary Seroce.com * * END OF SECTION * * 00452,2 PAPuhflc Works\Capital Projects\Oslo Road Lateral J\BIO DOCUMENTS\00452 • Disclosure of Relationships.doc Rev. 05/01 00452 - Disclosure of Relationships Name of Affiliate or Entity Name of County Commissioner or employee Relationship 1. 2. 3. 4, 5. 6. 7. 8. (signature) (date) STATE OF l.04A COUNTY OF 1111 Tt 0 Personally appeared before me, the undersigned authority, T)1 Vi(Z IL. L'" fis who after first being sworn by me, affixed his/her signature in the space provided above on this (4- day of l' F.MaeiL , 20 2. 4 �611649FF98-0153 6B� ELYZZAH R HEFFERNAN otaryic, State arge My coMMlssfoN # DD4If ls7 My Commission Expi es: 3J40 ,OQ� EXPIRES: Mar.24,2009 Florida Notary Seroce.com * * END OF SECTION * * 00452,2 PAPuhflc Works\Capital Projects\Oslo Road Lateral J\BIO DOCUMENTS\00452 • Disclosure of Relationships.doc Rev. 05/01 00452 - Disclosure of Relationships a= SECTION 00454 - Sworn Statement Under the Florida Trench Safety Act THIS FORM MUST BE SIGNED BY THE BIDDER WHO WILL BE RESPONSIBLE FOR THE EXCAVATION WORK ("BIDDER"), OR ITS AUTHORIZED REPRESENTATIVE, IN THE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO ADMINISTER OATHS. 1. This Sworn Statement is submitted with Project No. 97058 for _ Oslo Road (CR606) / Lateral "J" Canal Bridge Replacement (Name of Project) 2. 94 4. 5. on This Sworn Statement is submitted by hereinafter "BIDDER". (Legal Name of Entity Submitting Sworn The BIDDER's BIDDER's Federal Employer Identification Number (FEIN) is address is _ My name is JO" ID ►L l_uX AS and my relationship to the BIDDER (Print Name of Individual Signing) Is ESIU T (Position or Title) I certify, through my signature at the end of this Sworn Statement, that I am an authorized representative of the BIDDER. The Trench Safety Standards that will be in effect during the construction of this Project are contained within the Trench Safety Act Section 553.60 et.seg. Florida Statutes and refer to the applicable Florida Statue(s) and/or OSHA Regulation(s) and include the "effective date" in the citation(s). Reference to and compliance with the applicable Florida Statute(s) and OSHA Regulation(s) is the complete and sole responsibility of the BIDDER. Such reference will not be checked by OWNER or ENGINEER and they shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. The BIDDER assures the OWNER that it will comply with the applicable Trench Safety Standards. The BIDDER has allocated and included in its bid the total amount of $ if -W0 ,Db , based on the linear feet of trench to be excavated over five (5) feet deep, for compliance with the applicable Trench Safety Standards, and intends to comply with said standards by instituting the following specific method(s) of compliance on this Project: A A tit . f cn � cc .s.e . i c 1 741 A 1 /. Q HVrVr-r1 A I r� a i)r i 51=4221 I J7N*TM AJ -?n CZ (" 01 1 The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness, or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 7) The BIDDER has allocated and included in its bid the total amount of $ IJE)o � based on the square feet of shoring to be used for compliance with shoring safety requirements and intends to comply with said shoring requirements by instituting the following specific method(s) of compliance on this Project: 00454 - Florida Trench Safety Act 00454-1 F:\Public Works\Capital Projects\Oslo Road Lateral J\810 DOCUMENTS\00454 • Florida Trench Safety Act.doc Rev. 05/01 00454 - Florida Trench Safety Act 0 The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. The BIDDER, in submitting this bid, represents that it has obtained and considered all available geotechnical information, has utilized said geotechnical information and that, based on such information and the BIDDER's own information, the BIDDER has sufficient knowledge of the Project's surface and subsurface site conditions and characteristics to assure BIDDER's compliance with the applicable Trench Safety Standards in designing the trench safety system(s) for the Project. BIDDER: )_ u�,L�s t,6 '. in,, C'0 0 Position or Title: STATE OF f7W`4 DA COUNTY OF rNA ASt-Trf 4 Personally appeared before me, the undersigned authority, 4�y f 1D 1L-- • L(A as who after first being sworn by me, affixed his/her signature in the space provided above on this 1— day of c)fCrr V E72 , 20 LCY� . N6TaryV(691ic, State at My Commission Expire 3�� �5AYPi� ELYZZAN R HEFFERNAN MY COMMISSION # DD411157 �fFOFf���o EXPIRES: Mar. 24,2009 (407) 398-0153 Florida Notary Service. com * * END OF SECTION * * 00454 - Florida Trench Safety Act 00454-2 FAPubllc Works\Capital Prolects\05lo Road Lateral %1810 OOCUMENTSNO0454 - Florida Trench Safety Acl.doc Rev. 05/01 00454 - Florida Trench Safety Act IM =CTION 00456 — QUALIFICATIONS QUESTIONNAIRE NOTICE: THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NON - RESPONSIBLE BIDDERS, UNDER PENALTY OF PERJURY, the undersigned Bidder Guarantees the truth and accuracy of all statements and answers herein contained. Failure to comply with these requirements In sidered sufficient 'ustification to disqualify a Bidder. Attach additional sheets as I ay a con required. Documentation Submitted with Project No: 9705B Project Name: Oslo Road (CR 606) / Lateral "J" Canal Bridge Replacement 1. Bidder's Name / Address: LlArs lw44Qi&1r c'DrlST6LLLC7n-0ti( 00C - 3t&o RE 2. Bidder's Telephone & FAX Numbers: iii asp-sixr 1�4\L hl;g N ea%�V - 113`1 3. Licensing and Corporate Status: a. Is Contractor License current? ties b. Bidder's Contractor License No: Cki!.Q9990S [Attach a copy of Contractor's License to the bid] c. Attach documentation from the State of Florida Division of Corporations that indicates the business entity's status is active and that lists the names and titles of all officers. 4. Number of years the firm has performed business as a Contractor in construction work of the type involved in this contract: 18 5. C09 lr7 Ele What is the last project OF THIS NATURE that the firm has completed? Has the firm ever failed to complete work awarded to you? 1�( [If your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which the firm failed to complete the work.] Has the firm ever been assessed liquidated damages? [If your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which liquidated damages have been assessed.] Has the firm ever been charged by OSHA for violating any OSHA regulations? [If your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which OSHA violations were alleged.] 00456 - t FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00456 - Qualifications Questionnaire.doc Rev, 05/01 00456 - Qualifications Questionnaire .w EM Lucas Marine Construction, Inc. History of OSHA Violations Lucas Marine Construction, Inc. has had only one (1) OSHA citation in its many years of business. The details are as follow: 12/24/04 — (1) Our crew was working over water and an employee removed his life vest in favor of a welding vest for cutting/burning activities. The OSHA inspector stated that in that situation, the employee is required to wear both vests and a citation was issued. (2) The same employee was stated to have been working to close to the crane without a barrier in place. Both violations were corrected immediately and a settlement agreement was reached. Project Information: S -5A Trash Rakes Palm Beach County, Florida Owner — South Florida Water Management District (561) 682-2594 0 9. Has the firm ever been charged with noncompliance of any public policy or rules? jhlb [if your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project.] 10. Attach to this questionnaire, a notarized financial statement and other information that documents the firm's financial strength and history. 11. Has the firm ever defaulted on any of its projects? A0 [If your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which a default occurred.] 12. Attach a separate page to this questionnaire that summarizes the firm's current workload and that demonstrates its ability to meet the project schedule. 13. Name of person who inspected the site of the proposed work for the firm: Name: Ikkd tl W(AS Date of Inspections: t) 1*45 14. Name of on-site Project Foreman: MA -ILK. 1. hi E K. Mh-Al 15 16 Number of years of experience with similar projects as a Project Foreman: I S t Name of Project Manager: Number of years of experience with similar projects as a Project Manager: What is the firm's bonding capacity? 0 11 11111 INA J I [The remainder of this page was left blank intentionally] 00456e2 F:\Public Works\Capital Projects\Oslo Road lateral .ARID 00CUMENTSQ0456 - Qualifications Questlonnalre.doc Rev. 05/01 00456 - Qualifications Questionnaire MIM a U a) 0 C. 40- a) a) m cm cm c _o O CD a) a) Q.. 0 U r m M 1 � Lo v 0 0 LL CO M M O r O O Ln M CA �+ C) ti M t co CO Lo r i co ti 00 00 N r Lo +.+ N Lo Lo N co O) +, O O m O M CD E ~ N N C 69- 61:} 64 64 = Q 6g 64 ffl OZONE LL L_ •� O C] C C] Cq +L.1 O N M C CO N 00 co ti r p O O O c7 O ce) Oi > 4) t= O _ WfT O 0) co cq 00 c m E 64 6F} 64 64 64 U V i Q 6q Q Q Ic L O L co c r c O O C) U N d M L a)E co cn m Z E C: c�)ti o �o cc) c0 �o O O co .oar L- O EC N U O U O U O U O m a) _ Z 2E LOO f_6 LQ C 00 'y= 00 N "T (nOT N � UI qj' O 4) '- In 'a N CO L CO () LO a) LC) Lo O u) L O N= m 1 () It L 1 co N 1 O M 1 m ti O 1 co 1 O CO _N 1 O co _ 1 O c0 16 ' a) U L O O CO co OD cu co m 00 (6 co m 00 j c d t d Ur CO (� It .� N 0 - N 0 N N(L N a 0 c >, O i 'O O "O N a) r N N-- O N > N > > N N > V I� N CO U ti ti m ti ti ti a) ti� lf) Z 0 0 ti Q Q ti COi c c = O a o U c M C: Q o U L U U U U ' a) —_ U U U U (D `� Cl)L (� O O O O L o Q m m m m cu L C.) 4-- O V LL N c C c c cn 0 o E LL O O O o a N U U U U O N�cn LL L �_ c c � m 7 c _ LL Y 'C _� V r U o 2 o ' c o U U .o c U MC) C) i LB co co _ cn o o c m a� a) a) o a) _ 4mmlC N L m L cu U ow O C E C C L m o a L L u' ai o c U Q U. U. OL � U a) cn Q r L J � m E N � o o a > x o U) a) m o a) OR a Y a mo E CU c e > >C a) O m C N O a) 06 O O -a E V� mCCS r, co = m Z (D F' 2 00)) a) a) °� N a) � cn co CO cVa Lo 0 cu 0 U,. m cn a a W10 W m M 1 � Lo v 0 0 LL iiiiiiiiiiiiiiiiiiiiiillillillillillillilliililillillillillillillI [NOTE: If requested by the County, the Bidder shall furnish references, and other information, s. sufficiently comprehensive to permit an appraisal of its abilities as a contractor]-- (Signature) �Q..� IbEhl T (Position or Title) (Date) * * END OF SECTION * * 00456 - Qualifications Questionnaire 00456-4 FAPublic WorWCapital Projects\Oslo Road Lateral d\810 00CUMENTSl00466.Oualiflcatlons Ouestionnalre.doc Rev. OS/01 SECTION 00458 = List of Subcontractors The Bidder SHALL list below the name and address of each Subcontractor who will perform work under this Contract in excess of one-half percent of the total bid price, and shall also list the portion of the work which will be done by such Subcontractor. After the opening of Bids, changes or substitutions will not be allowed unless approved by Indian River County after a request for such a change has been submitted in writing by the Contractor, which shall include reasons for such request. Subcontractors must be properly licensed and hold a valid Certificate of Competency. Documentation Submitted with Project No. 9705B for Oslo Road (CR 606) / Lateral 'J' Canal Bridge Replacement. Work to be Performed Subcontractor's Name/Address 1 F E L EC7rf�l Lor T" "T n1 C 2. 3. 4. 5. 6. 7. 8. -- o 10. 12, 13, 14. 15, 16. 17. Note: Attach additional sheets if required. * * END OF SECTION * * 00458 • List of Subcontractors 00458-1 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00458 - List of Subcontractors. doc Rev. 05101 0 0 SECTION 00510 - Notice of Award [Certified Mail -- Return Receipt Requested] TO: LUCAS MARINE CONSTRUCTION INC. (BIDDER) ADDRESS: 8565 SE PALM STREET HOBE SOUND, FLORIDA 33455 PROJECT NAME: Oslo Road (CR 606) / Lateral 'J' Canal B COUNTY'S PROJECT NO.: 9705B CONTRACT FOR: e Replacement Date of Award: 01/10/2006 OSLO ROAD (CR 606) / LATERAL "J" CANAL BRIDGE REPLACEMENT (Insert name of Contract as it appears in the Bidding Documents) You are notified that your Bid dated December 19, 2005 for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for: OSLO ROAD (CR 606) / LATERAL "J" CANAL BRIDGE REPLACEMENT [Indicate total Work, alternative or sections or Work awarded] The Contract Price of your Contract is Two Million, One Hundred Eighty-eight Thousand, Eight Hundred Forty-eight Dollars & Eighty-seven Cents - Dollars ($ 2,188,848.87). [Insert appropriate data if Unit Prices are used. Change language for Cost -Plus contracts] Copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Sets of the Drawings will be delivered separately or otherwise made available to you. You must comply with the following conditions precedent within fifteen (15) days (consecutive calendar days) of the date of this Notice of Award that I by: January 25, 2006. 00510 - Notice of Award.doc 00510-1 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS 2006041\00510 -Notice of Award.doc Rev. 05/01 m 1. Deliver to the OWNER 2 fully executed counterparts of the Contract Documents. 2. Deliver the following documents with the executed Agreement as specified in the Instructions to Bidders (Article 20), [and] General Conditions (paragraph 5.01) and Supplementary Conditions (paragraph SC -5.01).] a. Performance Bond (amounting to 125% of total bid price) and Payment Bond (amounting to 100% of total bid price) with attached notarized Acknowledgement of Authorized Representative. Record said Bonds with the Public Records section of the Indian River County Courthouse, located at 2000 16th Avenue, Vero Beach, Fl. 32960. The Bonds shall be forwarded to the Indian River County Purchasing Division. b. Certificate of Insurance with attached notarized Acknowledgement of Authorized Representative. 3. (List other condition precedent). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid in default, to annul this Notice of Award and to declare your Bid security forfeited. You are required to return an acknowledge copy of this Notice of Award to the OWNER. The OWNER will return to you one fully executed counterpart of the Contract Documents. By: (OWNER) (AUTHORIZED S S G ACCEPTANCE OF AWARD (CONTRACTOR) (AUTHORIZED SIGNATURE) i) i (TITLE) (DATE) * * END OF SECTION * * 00510-2 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS 2006041\00510 - Notice of Award.doc Rev. 05/01 M 00510 - Notice of Award.doc m SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title =9 ARTICLE1 - WORK................................................................................................................................2 ARTICLE2 - THE PROJECT.................................................................................................................2 ARTICLE3 - ENGINEER.......................................................................................................................2 ARTICLE4 - CONTRACT TIMES........................................................................................................2 ARTICLE5 - CONTRACT PRICE.........................................................................................................3 ARTICLE 6 - PAYMENT PROCEDURES............................................................................................4 ARTICLE 7 - INDEMNIFICATION.......................................................................................................4 ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS....................................................................4 ARTICLE 9 - CONTRACT DOCUMENTS...........................................................................................5 �» ARTICLE 10 - MISCELLANEOUS........................................................................................................7 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 00520 - Agreement (Public Works) 2006041 00520-1 -"' F:\Public Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS 2006041\00520 - Agreement (Public Works) 2006041_doc Rev. 05/01 SECTION 00520 - Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called t OWNER) and LUCAS MARINE CONSTRUCTION INC. ' (hereinafter called CONTRACTOR). Em Em OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 =WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Oslo Road (CR606) / Lateral "J" Canal Bridge Replacement ARTICLE 2 = THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Oslo Road (CR 606) / Lateral "J" Canal Bridge Replacement County Project Number: 9705B Project Address: Oslo Road (CR606) at Lateral `J' Canal Between 12th Avenue and Old Dixie Highway ARTICLE 3 — ENGINEER 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 = CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 00520 - Agreement (Public Works) 2006041.doc 00520-2 °" F:\Public Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS 2006041\00520 - Agreement (Public Works) 2006041.doc Rev. 05/01 0 4.02 Days to Achieve Substantial Completion and Final Payment A. The bridge -culvert Work will be substantially completed on or before the 120th day after the Notice to Proceed and shall include canal flow re-establishment of Lateral "J" Canal and adjacent sublaterals, without relying on mechanical or other temporary measures. B. The Work will be substantially completed on or before the 180th day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 210th day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $800.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $500.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLES =CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.8, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract:: Numerical Amount: $2,188,848.87 Written Amount: TWO MILLION, ONE HUNDRED EIGHTY-EIGHT THOUSAND, EIGHT -HUNDRED FORTY EIGHT DOLLARS & EIGHTY-SEVEN CENTS 00520 - Agreement (Public Works) 2006041.doc 00520-3 F:\Public Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS 2006041\00520 - Agreement (Public Works) 2006041.doc Rev. 05/01 EM ARTICLE 6 = PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 6.02 Progress Payments; Retainage A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment at intervals not less than once each month during performance of the Work as provided in paragraph 6.02.A.1 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of • the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 1. Progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions: a. Ninety percent (90%) of Work completed (with the balance being retainage); and b. Eighty percent (80%) of cost of materials and equipment not incorporated in the Work but stored on the Project site (with the balance being retainage). 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 = CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. 00520 - Agreement (Public Works) 2006041 00520-4 F:\Public Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS 2006041\00520 -Agreement (Public Works) 2006041.doc Rev. 05/01 W D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. .� H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. Section 00520 — Agreement (pages 00520-1 to 00520-8, inclusive); 2. Section 00610 — Performance Bond (pages 00200-1 to 00200-5, inclusive); 3. Section 00612 — Payment Bond (pages 00612-1 to 00612-5, inclusive); 4. Section 00620 — Sample Certificate of Liability Insurance (page 00620-1); 5. Section 00622 — Contractor's Application for Payment (pages 00622-1 to 00622-3, inclusive); 00520 - Agreement (Public Works) 2006041 00520-5 F:\Public Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS 2006041\00520 - Agreement (Public Works) 2006041.doc Rev. 05/01 Elm 6. Section 00630 — Certificate of Substantial Complete (pages 00630-1 to 00630-2, inclusive); 7. Section 00632 — Contractor's Final Certification of Work (pages 00632-1 to 00632-2, inclusive); 8. Section 00634 — Professional Surveyor and Mapper's Certification (page 00634-1); 9. Section 00700 — General Conditions (pages 00700-1 to 00700-44, inclusive); 10. Section 00800 — Supplementary Conditions (pages 00800-1 to 00800-14, inclusive); 11. Specifications as listed in the table of contents of the Project Manual; 12. Drawings consisting of a cover sheet and sheets numbered 1 through 24, inclusive, with each sheet bearing the following general title: Oslo Road (CR 606) / Lateral `J' Canal Bridge Replacement Plans; 13. Addenda (numbers to inclusive); 14. Exhibits to this Agreement (enumerated as follows): a. Section 00100 — Advertisement (pages 00100-1 to 00100-2, inclusive); b. Section 00200 — Instructions to Bidders (pages 00200-1 to 00200-12, inclusive); c. Section 00300 — Bid Package (page 00300-1); d. Section 00310 — Bid Form (pages 00310-1 to 00310-8, inclusive); e. Section 00430 — Bid Bond (pages 00430-1 to 00430-4, inclusive); f. Section 00450 — Statement of Public Entity Crime (page 00450-1); g. Section 00452 — Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); h. Section 00454 — Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); i. Section 00456 — Qualifications Questionnaire (pages 00456-1 to 00456-4, inclusive); j. Section 00458 — List of Subcontractors (page 00458-1); k. Section 00510 — Notice of Award (pages 00510-1 to 00510-2, inclusive); 10. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments; b. Work Change Directives; c. Change Order(s). B. The documents listed in paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.04 of the General Conditions. 00520 - Agreement (Public Works) 2006041 00520-6 er FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS 2006041\00520 - Agreement (Public Works) 2006041.doc Rev. 05/01 M ARTICLE 10 = MISCELLANEOUS 10.01 Terms .. A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other parry hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. [The remainder of this page was left blank intentionally] rzi 00520 - Agreement (Public Works) 2006041 00520-7 .,., F:\Public Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS 2006041\00520 - Agreement (Public Works) 2006041.doc Rev. 05/01 L, IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. I L, This Agreement will be effective on '7 20 06 (the date the Contract is approved by the Indian River County Board of -)County Commissioners, which is the Effective Date of the Agreement). Lj OWNER: CONTRACTOR: APPROVED AS TO FORM AND LEGAL BA 44-- 4 � „ /� BA ��.. �,'ul JJ r r William G. Collins, II, County Attorney Jeffrey K. Barton, Clerk of Court Atte( st; zoe z. � p Deputy . %t— (SEAL) Designated Representative: `- Name: Janet B. Dunlap, P.E. ^••r','. ✓, Title: Project Engineer '. *r. •• " - ••'•••1 ' 1840 25th Street no + {jta )',;• Vero Beach, Florida 32960 (561) 567-8000, ext. 1510 Facsimile: (772) 978-1806 i Intl on iL�,r r' /� t a 1F5 Wl h{ZI Al C 0jysTP U.(,Tl'DA1,//t/C. BY (Contractor) (CORPORATE SEAL) Attest Address for giving notices: 3130 SE 511IEg S7 Sn,ML-r - License No. CG C, Da3905S (Where applicable) Agent for service of process:opfto Designated Representative: Name: 11 0E E t7 Title: U. r 1'— Address: D Ck — �j`✓.99cj- rlG 3 5� Phone: 9&TZ- 79 6 � S66 l3 Facsimile: 97 Z - ZBIo - //3 y (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) ) OF SECTION * * 00520 - Agreement (Public Works).doc 00520-8 F TubIIC Works\Capital Projectsl0slo Road Lateral J0ID D00UMENTS00520 - AgreenienI (Public Works)doc Rev. 05101 y. Administration a5 p Budget�� ) Co. Attorney Risk Management {-2 Department Division 2 20^ t - t a 1F5 Wl h{ZI Al C 0jysTP U.(,Tl'DA1,//t/C. BY (Contractor) (CORPORATE SEAL) Attest Address for giving notices: 3130 SE 511IEg S7 Sn,ML-r - License No. CG C, Da3905S (Where applicable) Agent for service of process:opfto Designated Representative: Name: 11 0E E t7 Title: U. r 1'— Address: D Ck — �j`✓.99cj- rlG 3 5� Phone: 9&TZ- 79 6 � S66 l3 Facsimile: 97 Z - ZBIo - //3 y (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) ) OF SECTION * * 00520 - Agreement (Public Works).doc 00520-8 F TubIIC Works\Capital Projectsl0slo Road Lateral J0ID D00UMENTS00520 - AgreenienI (Public Works)doc Rev. 05101 M I= 1719717 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 1984 PG: 1448, 01/19/2006 01:45 PM SECTION 00610 - Performance Bond BOND NO. 5810973 KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND, we EXECUTED IN 4 COUNTERPARTS LUCAS MARINE CONSTRUCTION, INC. .r 3130 SE SLATER STREET STUART, FL 34997 (772) 286-5094 as Principal (Contractor), (Insert name, principal business address, and telephone number of Principal/Contraclor) ar and WESTFIELD INSURANCE COMPANY P.O. BOX 5001 WESTFIELD CENTER OH 44251-5001 (800) 430-1386 a corporation, as Surety, (Insert name, principal business address, and telephone number of Surety) are held and firmly bound unto the County of Indian River, Florida, 1840, 251h Street, Vero Beach, Florida 32960, (561-567-8000), TWO MILLION SEVEN HUNDRED THIRTY SIX in the sum of THOUSAND SIXTY ONE AND 091100THS Dollars ($ 2,736,061.09) amounting to 125% of the total bid price. For the payment of said sum we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, for the faithful performance of a certain written Contract, dated the day of 20_, entered into between the Principal and the County of Indian River, for: ud Bond Number: 5810973 Project Name: Oslo Road (CR 606) / Lateral "J" Canal Bridge Replacement County Project Number: 97058 Project Address: Oslo Road (CR 606) at Lateral "J" Canal between 12"' Avenue & Old Dixie Highway Project Description: Oslo Road (CR 606) / Lateral "J" Canal Bridge Replacement A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein. Florida Statutes Section 255.05 (2002), as amended from time to time, together with all notice and time provisions contained therein, is incorporated herein in its entirety by this reference. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal shall in all respects comply with the terms and conditions of said Contract and its obligations thereunder,including all of the Contract Documents therein referred to and made a part thereof, and such alterations as may be made in the Contract Drawings and Specifications as therein provided for, and shall indemnity the County of Indian River as set forth in the Contract, in the execution or performance of said Contract, and further, if the Principal shall promptly make payments to all who supply him with labor and/or materials used directly or indirectly by the Principal in the prosecution of the Work provided for in said Contract, then this obligation shall be null and void; otherwise, the Principal and Surety, jointly and severally, agree to pay the County of Indian River any difference between the sum that the County of Indian River may be obliged to pay for the completion of said Work, by contract or otherwise, and any damages, whether direct, indirect, or consequential, including reasonable attorney's fees (including appellate proceedings), which the County of Indian River may incur as a result of the failure of the Principal to properly execute all of the provisions of the Contract. D081D - Perlormenae BDnd 2006041 00610. 1 "ftbk Wort O08011M Vr*00006nobd Lnrw.lA0110 DOCUMENTS iW00/11DDSIG. CNt"m>< gDwd2WS04I.f Rw.b 1 A TRUE COPY CERTIFICATION ON LAST PAO J.K, BARTON, CLERK M EM BK: 1964 PG: 1449 AND, the said Principal and Surety hereby further bind themselves; their successors, executors, administrators and assigns, jointly and severally, that they will amply and fully protect the County of Indian River against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the County of Indian River may be called upon to pay to any person or corporation by reason of any damage arising from the performance of the said work, repair or maintenance thereof, or the manner of doing the same, or his agents or his servants, or the infringements of any patent rights by reason of the use of any material furnished or work done, as aforesaid or otherwise. Principal and Surety expressly acknowledge that any and all provisions relating to liquidated .. damages contained in the Contract are expressly covered by and made a part of this Bond. Principal and Surety acknowledge that any such provisions lie within their obligations and within the policy coverages and limitations of this Bond. wr rc AND, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder, or the Specifications or Drawings accompanying the same, shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications or Drawings. AND, the said Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Substantial Completion as established on the Certificate of Substantial Completion as issued by the County of Indian River. IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals, this 10 day of ,�( t�Qi , 20.qt, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of Its governing body. Signed, sealed Witness Address Witness u••wr•w•.e•uuwfw•w•w•.•....r....••a•rw.w.•wuff..rw.......a.••w in the presence of: Signature Printed of Individual wawf •wqw aawrw•..M.•rfww w•wexuww ufwu••aw 1ff wwrfwwwffuuuraawwoww of aures•• [The remainder of this page was left blank intentionally] 00610 - PaAormence Bond 2006041 F1vONk WIXYAGtlINC,pbe:elOfle Rmd lmwrfl JlB�OOOCUUENTS 2006W�bOprO-Pp110imeKl BOM 200Betl.aOO Rrv, pypt �i i11r1 �'4, J.K.13ARTON, CLERK �J.i f �;t;E BK: 1984 PG: 1450 »ur WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE, N E: �1 Signed, ealed and delivered in the presence of: Witness Name of Partnership BY: Address Partner Printed Name of Partne Witness (SEAL) Address +...••...rw..bwwwwwwwrw.0 M•aawaMMwlHKMwaww Mw• Rawis Mwww�aalwM ♦wa Mw MwtawwawMNMRwf R.ailfl•awR WHEN THE PRINCIPAL IS A PARTNERSH Signed, sealed and delivered in the pre nce of. Witness Name of Partners ' BY: Address Partner Printed Name of Partner Witness (S L} Addr s .w..rwwww•..wu++......www.ww.w•...•w•....w.w•...ww•uawww.wwww•a.wa...•aa.ww.. a................w..a.aa.. (The remainder of this page was left blank intentionally] A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK DD610• POOD"GMCD Smd 2006041 00610 - 3 F:WbYc WonmCsplMl w�pt.el•1D•b RMO LMM@IAUVDDDUMSNTS 10D60111DOC/0.P•rlmm %Ccnd>DOOD•I,O Rl., 05N1 BK: 1984 PG: 1451 y. WHEN THE PRINCIPAL IS A CORPORATION: :d Attest: Secret Name of CorpDr S MARINE CONSTRUCTION, INC. .' BY: (Affix Corporate,SEAL) Printed Name Dft u ID I! • Lu4� Official Title Q1ZE IDE74T CERTIFICATE A5 TO CORPORATE PRINCIPAL i t I [akt�CA IL , i ( & certify that I am the Secretary of the corporation named as Principal in the within bond; that 7.2 ky 11) t' u Chs , who signed the said bond on behalf of the Principal was then _ PSS IDt:k1T of said corporation: that I know his signature, and his signature thereto Is genuine; and that said Bond was duty signed, sealed and attested for and on behalf of Said corporation by authority of Its governing body. �. Secretary Z (SEAL) Y 0RPORATE SURETY: TO BE EXECUTED B Attest: Q(2 ' Secretary Corporate Surety WESTFIELD INSURANCE COMPANY Business ddress P.O. BOX 5001, WESTFIELD ICENIER; QH, 4451-5001 ( ffix orporate SEAL): JENNIFER L. MCCARTA L Attorney -In -Fact & FLORIDA LICENSED,.RESIDP.tTayfFNT ■, Name of Local Agency GUIGNARD COMPANY INQUIRIES: (407) 634-0022 Business Address 1904 BOOTHE CIRCLE LONGWOOD, FL 32750 [The remainder of this page was left blank intentionally] A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK 00610 - Performance Bond 2000041 00610 - a F:,TLO�IC WwkflGplld p,plpCl�,�10 MaO l.Mnr�1.M1O rIOCIIYFNTI J111Mr�t,M1„r . V.wn........... O,.nA �1MM1, .�� p..., ncm, W Em 0 BK: 1984 PG: 1452 STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared JENNIFER L. MCCARTA , to me well known, who being by me first duly sworn upon oath, says that he is the attorney -in -tact for the WESTFIELD INSURANCE COMPANY and that he has been authorized by WESTFIELD INSURANCE COMPANY to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to before me this 17TH day of JANUARY , 20 o6 4 , �a KATHLEEN A. CLAWSON KATHLEEN A. CLAWSON Notary Public, State of Florida Notary Public, State of Florida My comm. exp. Aug. 30, 2008 My Commission Expires: AUGUST 30, 2008 Comm. No. DD 351092 g. Any claims under this bond shall be addressed to: im e^, r Name and address of Surety: WESTFIELD INSURANCE COMPANY Box 5001 WESTFIELD CENTER, OH 44251-5001 Name and address of agent or representative in Florida if different from above: GUIGNARD COMPANY 1904 BOOTHE CIRCLE LONGWOOD, FL 32750 Telephone number of Surety and (800) 430-1386 agent or representative In Florida: ( 407 1 834 _ 0022 * * END OF SECTION * * r' t nE^IL COPY CEEB?IF'�ATION ON LAST PAGE JX BARTON, CLERK 00610 . Performance Gmd 2006041 00610 - 5 PnPVW1C Wp \C"ftl rmlh 9\0910 blue I,pfenWOO DOCUMENT& 20WD61%Q Ir. P,nerm,rMBerl Pnn ldoe BK: 1984 PG: 1453 SECTION 00612 - Payment Bond BOND NO. 5810973 EXECUTED TN 4 COUNTERPARTS KNOW ALL MEN BY THESE PRESENTS' BY THIS BOND, we LUCAS MARINE CONSTRUCTION, INC. 3130 SE SLATER STREET STUART. FL 34997 (772) 286-5094 as Principal (Contractor), (Insert name, principal business address, and telephone number of PrincipaUContractor) and WESTFIELD INSURANCE COMPANY P.O. BOX 5001 WESTFIELD CENTER, OH 44251-5.001 (800) 430-1386 , a corporation, as Surety, (Insert name, principal business address, and telephone number of Surety) are held and Firmly bound unto the County of Indian River, Florida, 1840, 25th Street. Vero Beach, Florida 32960, (561-567-60000 TWO MILLION ONE HUNDRED EIGHTY in the sum of EIGHT THOUSAND EIGHT HUNDRED FORTY EIGHT & 87/100THS Dollars ($2,188,848.87 amounting to 100% of the total bid price. For the payment of said sum we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, for the faithful performance of a certain written Contract, dated the day of , 20 .,� entered into between the Principal and the County of Indian River, for: Bond Number: 5810973 Project Name: Oslo Road (CR606) Lateral "J" Canal Bridge Replacement County Project Number: 9705B ONO Project Address: Oslo Road (CR606) at Lateral "J" Canal between t2 Avenue & Old Dixie Highway Project Description: Oslo Road (CR606J at Lateral "J" Canal Bridge w Replacement A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein. "" NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall promptly make payments to all claimants, as herein below defined, then this obligation shall be void; otherwise, this Bond shall remain in full force and effect, subject to the following terms and conditions: O. 1. A claimant, as defined in Florida Statutes Section 255.05(1), supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the Work provided for in the Contract. 2. Florida Statutes Section 255.05 (2002), as amended from time to time, together with all notice and time provisions contained therein, is incorporated herein in its entirety A TRUE GO'Y by this reference. CERTIFICATjo,' C,., The Surety, for value received, hereby stipulates and agrees that no charge, extension of time, alteration of or addition to the terms of the Contract or to the work to be performed thereunder JX BARTON, C `'` 00012. 1 00612 - Payment Bond 2008041 G:WuHIe Wnntn0841,61 VnIomNOelo g01W UroM J101D OoouMF_Nf9 200001/V)061 2 . P.m."n eon4200aD41 es Fe.. ncA1 1"Y BK: 1984 PG: 1454 or to the Specifications applicable thereto, shall in any way affect its obligations on this Bond, and the Surety hereby waives notice of any such change, extension of time, alterations of or addition to the terms of the Contract, or to the Work or to the Specifications. The Surety represents and warrants to the County of Indian River that it has a Best's Key Rating Guide, General Policyholder's rating of W and Financial Size Category of Class Mr. [Select either SUBSTANTIAL or FINAL completion in the paragraph below) The Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Substantial/Final Completion as established on the Certificate of Substantial/Final Completion as issued by the County of Indian River. The Principal and Surety jointly and severally, agree to pay the County of Indian River all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that the County of Indian River sustains because of a default by the Principal under the Contract. [The remainder of this page was left blank intentionally] This bond is given to comply with Section 255.05 Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. asp e-� 0 00812-2 00012 • Payment. Bond 2008041 F:IPWIk Wedu1C�PIle1PNHctllDyv Hoed IPNrM JBL Oocomr Ta kWfW1V"1Y.P "Im, By d 2OW&I. on n�. 0"1 E: ATRU!":' �.. . CERIPF J.K. EAR rCN\j!. _':.i ;,. BK: 1984 PG: 1455 IN WITNESS WHEREOF, the above bound parties executed this instrument under their severai seals, this I day of , 20� , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body_ rAwlarl wwaH lH.q..w.Y1lAw A..YO w.. M.11!!l. ul1YYYAlNNf f IYY IYI uINAHh1 Rtl Y. eww HYH wY 1aw AIM wlaR.... V W N THE PRINCIPAL IS AN INDIVIDUAL: Signed, ealed, and delivered in the presence of: Witness Address Witness of Individual Printed Name of Individual Address WHEN THE PRINCIPAL IS A SOI NAME: Signed, sealed and delivered in the Witness Address Witness .rr Address m 0 M Signed, Witness Name of Entity Principal of: Printed Namef Principal (SEAL) ....wrwa.r.l......wwrgaf.Yi..Y.A.lY delivered in the presence of: Name of Partnership By:._ Partner www..o u.l..rwM Ha .rwaMw....a.•A♦♦aa. G1 J.K. Ent,; 00512 • Payment Bond 200641 F.WWb WwkllC�pllal PrvMast7.�0 ROMLYIYrYI ASID DOCUMFN7C sppgpq 1 00612-3 \OM12 • PY 1.AkM EOntl' DD60l1.wp, qYr, pjrpl BK: 1984 PG: 1456 M En Printed Name of Partner Witness Address ' a•awaa�aarw.r.....o....nww....n•..w..•...•.•rwwawru..+aw,rw..••....... rrwwa..v...e........re.r.a....... WHEN THE PRINCIPAL_ IS A CORPORATION: Attest: LUCAS MARINE CONSTRUCTION, INC. Secreta Name of Corporation BY (Affix Corporate SEAL) ord IN V L ?O Printed Name 2Lt5l DEnlr `00 Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL I NAA( K - L to certify that I am the Secretary of the corporation named as Principal in the within bond; that afl tD IRF who signed the said bond on behalf of the Principal was then 1.22das) �Zer of said corporation: that I know his signature, and his signature thereto is genuine; and that said Bond was duly signed, sealed and attested for and n behalf ofSaid corporatio by authority of Its governing body.. (SEAL) TO BE EXECUTED BY CORPORATE SURETY: Attest: -.� �P Secretary WESTFIELD INSURANCE COMPANY GOrporste Surety P.O. BOX 50019 WESTFIELD CENTER, OH 44251-5001 Business Address / BY: L.ARTA`; ft RE ENT AGENT 00812 F:1Pu0Vk WOOM1NC4014I Pr0YCb1o010 NMO LWNW ARID DOCUMENTS 00912 a 7DD6W 1'DOB14 - P•ynwr0 Lpny SOODp1 1.4m 11w, OSq I M N-FAC4T &, FLORI�A) Payment Bond 00segir J ' Cr:ri M4 f_.AST PA( JJ;. RARTON, C_,EHK 4W M r Or BK: 1984 PG: 1457 JENNIFER L. MCCARTA (Affix Corporate SEAL)Iy _r Attorney -In -Fact & FLORIDA LICENSED RESIDENT AGENT r GUIGNARD COMPANYOrr. tr Name of Local Agency 1904 BOOTHE CIRCLE, LONGWOOD, FL 32750 Business Address INQUIRIES: (407) 834-0022 STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified and acting, personalty appeared JENNIFER L. MCCARTA , to me well known, who being by me first duly sworn upon oath, says that he is the attorney-in-fact for the WESTFIELD INSURANCE COMPANY and that he has been authorized by WESTFIELD INSURANCE COMPANY to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to before me this 17TH day of JANUARY 2006 Qs No ary Public, State of Florida KATHLEEN A. CLAWSON KATHLEEN A. CLAWSONNotary Public, State of Florida My Commission Expires: AUGUST 30, 2008 My comm. exp. Aug. 30, 2008 Comm. No. DD 351092 r.wwRwwRRr.r«urRrRRRwr.w,rw.wr..r.r......we.xw.wfw.owRw«..r.rf Rwfw.w.rw Any claims under this bond shall be addressed to: Name and address of Surety: WESTFIELD INSURANCE COMPANY BOX 5001 WESTFIELD CENTER OH 44251-5001 Name and address of agent or representative in Florida if different from above: GUIGNARD COMPANY 1904 BOOTHE CIRCLE LONGWOOD, FL 32750 �RfMMf Rwf wfffRow�rwf4ffl Telephone number of Surety and (boo) 430-1386 agent or representative in Florida:( 407 834 0022 _ f * END OF SECTION * 00612-5 OM1 z - Payment Bond M05041 c�%i01k wawlGwon,• Prq,wgsl0�10 ROrO UION .MID DOCUMENT9200Lpf IVrop12 • Pevrror,l amtl 200004 t.doc Ra. OS,Ot A TRUE COPY CERTIFICATION r;n! M EM G BK: 1984 PG: 1458 STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS I5 A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE - THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 05111103, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 0991862 02 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to Individually as a -Company- and collectively as -Companies,these" duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County. Ohio, do by presents make, constitute and appoint JACK W. GUIONARD, BRYCE R. GUIGNARD, M. GARY FRANCIS, PAUL J. CIAMBRIELLO, APRIL L. LIVELY, JENNIFER L. MCCARTA, KATIE N. BIRD, MARGIE LYNN MORRIS, BRETT A. RAGLAND, JOINTLY OR SEVERALLY of LONGWOOD and State of FL its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recogni2ances, undertakings, or other instruments or contracts of suretyship - -• • -- - - - - -- -- •-- -- - - -- _ _ _ LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE , OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as it such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: 'Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and In the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such Instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as If signed by the President and sealed and attested by the Corporate Secretary.' "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power ofattorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it Is attached.' (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 111h day of MAY A.D., 2003 ' y corporate 00%, Seal -a,,.•,.....n.. seals"PStOfJALi�,''.•,��gg�U1$S�fIp����wWESTFIELD INSURANCE COMPANY Affixedv '• ae. +F� - Q�.... •'so = f +t7�•"""'•:MC WESTFIELD NATIONAL INSURANCE COMPANY OHIO FARMERS INSURANCE COMPANY SEAL : 1Jlo'• < State of Ohio "`�••�••� 64,* •• •`-/ J County of Medina Ss.: •"• By. Richard L. Kinnaird, Jr., Senior Executive On this 1111h day of MAY A.D., 2003 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, Ohio; that he Is Senlor Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD ^*" NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above Instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial,,,,,,, Affixed -.T Seal alAl fro State of Ohio William J. Kell A rney at Law, Notary Public N County of Medina ss.: My Commission Does Not Expire (Sec, 147.03 Ohio Revised Code) z+ y �',t. 09 I, John T. H. Batchelder, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing Is a true and correct copy of a Power of Attorney, executed by said Companies, which Is still In full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full forcq,Rpq effect. In Witness Whe(,eflL'd, have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this day of ,fit - SYR.t C ,• �PSC NAi, i/v �• h mom Jyp� m SEAL "z _ -Lao {,NIiRTERfp', .:...ary.+` low. to ° t�13 1848 13POAC2 (combined) (06.02) Tf/l John T. H. Batchelder, Secretary ■ CLERK W tim AfDRaM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) PRODUCERRTHIS Taylor- Ashley Agency, Inc, 630 Colorado Ave . , P.O. Box 987 Stuart, FL 34995 Additional 112/20Q6 CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 772-287-2440 _ INSURED LUCAS MARINE CONSTRUCTION, INC. INSURERS AFFORDING COVERAGE INSURER A STATE AUTO NAIC# INSURER B: COMMERCIAL GENERAL LIABILITY CLAIMSMADE �I OCCUR — THE ISSUING INSURER WILL ENDEAVOR TO MAIL30 DAYS WRITTEN 3130 S E Slater St TTAMAGE-TO-RENTED -PREMISES Ea occurance) ----" ---- --- $ MED EXP (Any one person) $---—'- - INSURER C $ Stuart, FL 34997 1286-5094 IINSURER 1840 25th Street INSURER D:- ^_ E: IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Vero Beach, FL 32960 " COVERAGES r w C G .r 111M m rs rn r� THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WI TH RESPECT TO WHICH THIS CERTIFICAIE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -ILTR Ob`C POLICY EFFECTIVE P01ICYEXPIRATION --� - -- --_--- -""---------- - —� LTR NSRD 7 P F IN N POLICY NUMBER DATE MM/DD/YY DAT MM/DD/YY LIMITS SHOULD ANY OF GENERAL LIABILITY Additional Insured: EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY CLAIMSMADE �I OCCUR DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL30 DAYS WRITTEN Indian TTAMAGE-TO-RENTED -PREMISES Ea occurance) ----" ---- --- $ MED EXP (Any one person) $---—'- - PERSONAL & ADV INJURY $ NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 1840 25th Street ^_ IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Vero Beach, FL 32960 GENERAL AGGREGATE $ REPRESENTATI GEN'L AGGREGATE LIMIT APPLIES PER. UTHORI -D - ESSEENTATIVEOF / �^ PRODUCTS - COMP/OP AGG $ POLICY PRO- LOC JE T - - - — -� AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT (Ea eccidenp $ 1 o o 0 o o o r , ]( ALL OWNED AUTOS SCHEDULED AUTOS $ BODILYINJURY (Per person) A X ITIRED AUTOS NON -OWNED AU TOS BAP 2096254 10/29/05 10/29/06BO _------ ------- O DILYINJURY (Per accident) ---------- $ _ PROPERTY DAMAGE ( Par accident ) $ -- GARAGE LIABILITY AUTO ONLY - EAACCIDENT $ OTHERTHAN _EA ACC $ ANYAUTO $ AUTOONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR EI CLAIMSMADE AGGREGATE $ J $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATIONANU EMPLOYERS' LIABILITY WA H - TORY LIMIT =R ANY PROPRIETOR/PARTNER/EXECUTIVE E . EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ OFFICER/MEMBER EXCLUDED? 11 yea describe under SPECIAL PROVISIONS below — E . DISEASE -POLICY LIMIT -------------- $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS I r CERTIFICATE HOLDER 0 CANCELLATION ACORD25(2001/08) ©ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Additional Insured: DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL30 DAYS WRITTEN Indian River County NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 1840 25th Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Vero Beach, FL 32960 REPRESENTATI UTHORI -D - ESSEENTATIVEOF / �^ ACORD25(2001/08) ©ACORD CORPORATION 1988 JAH- lb -2006 1=144 ACORD I H �A CQRDM U1 CERTIFICATE OF LIABILITY INSURANCE DATE 12120IY 1/1212006z/zo6 _ o6 ZODUCER (561) 655-5500 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Cordia West Palm Beach ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE :.. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 501 South Flaglelr Drive, Suite 600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. West Palm Beach, FL 33401-5914 ASUReo Lucas Marine Construction, Inc. P.O. Box 8401 Hobe Sound, FL 33475 RAGES ' 1.1.14SURERS AFFORDING COVERAGE INSURER A: American International INSURER 13. Commerce & Industry CINsuRER Markel Insurance Compa► INSURER D. IN NAIL # 1228 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE IN5URED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOOREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DocUMFNT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE 1$5UED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES OLSCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND GONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. q$R ` OTT POLICY EEFECTNE POLICY EXPIRATION — —•-- — -� +ln.l} (PE OFINSURANCE POLICY NUMUER I — PATE fMM/D LIMITS _ GENERAL LIABILITY EACH OCCURRENCE S 2.00060( A X COMMERCIAL GENERAL LIAOILITY JF -061905 3/2812005 3/28/2006 PREMISES (E�ET6 tcuranco..�- s 50000 CLAIMS MADE Ll OCCUR MED F_XP (Any one person) 3 _ 5,01 - PERSONAL BADV INJURY S y24000,6C j GENERALAGGREOATE _ 3 2,000,0( GEN'L AGGREGATE LIMIT APPLIES PER l PRODUCTS - COMP/OP AGG 3 2,00010( X POLICY PRO- - _.._ --- a` AUTOMOBILE LIABILITYCOMBINED SINGLE LIMIT — Eo eccidan1) --- 3 - ANY AUTO ALL OWNED AUTOS I BOOM -Y INJURY (PPrPpf3dn) 3 SCHEDULED AUTOS ----------- - HIRED AUTOS I ROPILY INJURY ( (Por gCcillont) NON -OWNED AUTOS I =.r i PROPERTY DAMAGE g — (Per ecodem) fGARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AVTp OTHER THAN FA A�(.- S. J• --- AUTO ONLY: AGG 3 EXCE35fUMURELLA LIABILITY EACH OCCURRENCE SJ� $,000,0 A OCCUR CLAMS MADE E064305 3/28/2005 312812006 11 ACGREGATe s 5400000 4DEDUCTI9LE j 5 X RETENTION $ 25,000 _.� -I} 1S _ WC STA ll- OTH- WORKERUCOMPENSATION AND X ITL�Et�.. B IEMPLOYERS•LIAOILITY 5841953 1011/2005 10/1/2006 E.LEACH ACCIDENT s 1100010 ANY PROPRIETOR/PARTNER/EXECVTIVE 1,000,0 OFFICERIMEMBER EXCLUDED? E.L, DISEASE - EA EMPLOYEE 1! yes, dosvribe under EL. 61$EAS6 • POL.ICY I-IMIT $ 1.00000 SPECIAL PROVISIONS DBIOW OTHER C Commercial Inland Marine 90002160 3128/2005 3/28/2006 f/B0.1 A Commercial Inland Marine IE085505 3/2812005 L 3/28/2006 Hull i DESCRIPTION OF OPERATIONS 1 LOCATIONS I VHIGLLS I EXGLUSIONB ADDED 8Y ¢NDORBEMEN71 SPECIAL PRUVISIONb E .TE Indian River County 1840 25th St Vero Beach, FL 32960- ,,. ACORD 26 (Z001108) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLIGILO UE CANCELLED BEFURE THE EXPIRATION DATE THERE(JF, THE ISIUINO INI)URER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLnHR NAMED 10 TOE LEFT, BUT FAILURE TO DO $0 SMALL IMPOSE NO OBLI ON OR LIABILITY OF ANY KIND UPON THE INAURER, ITS AGENT3 ON KEPRE3ENTATI e _ AUTHORIZED SV#To Yc � © ACORD CORPORATION 1988 SECTION 00622 - Contractor's Application for Payment.doc Application for Payment No. For Work Accomplished through the period of through To: Indian River County (OWNER) From: (CONTRACTOR) Contract: Project: Oslo Road (CR606)/ Lateral `J' Canal Bridge Replacement. OWNER's Contract No, 9705B, ENGINEER Indian River County Public Works Department. ENGINEER's CONSULTANT. Kimley-Horn and Associates, Inc. 1. Original Contract Price: $ 2. Net change by Change Orders and Written Amendments (+ or -): $ 3. Current Contract Price (1 plus 2): $ 4. 4.a 4.b 4.c Total Work to date: Percentage of Work completed to date: Total Work completed to date: $ Total equipment and material stored to date: $ (1) 4.d Total Work completed and stored to date: (4.b plus 4.c) $ 5. Retainage (per Agreement): 5.a 10% of completed Work (0.10 x 4.b): 5.b 20% of stored equipment and material (0.20 x 4.c): 5.c Total Retainage (5.a plus 5.b): $ 6. Total Work completed and stored to date less retainage (4.d minus 5.c): $ 7. Previous Payments: $ 8. AMOUNT DUE THIS APPLICATION (6 MINUS 7): $ (1) Attach detailed schedule and copies of all paid invoices. CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work and payment received from the last request for payment has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed below; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective and (4) If this Periodic Estimate is for a Final payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. 00622 - Contractor's Application for Payment 2006041 00622- 1 "" FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS 2006041\00622 - Contractor's Application for Payment 2006041.doc Rev. 05/01 M Im Dated By: State of County of Subscribed and sworn to before me this day of Notary Public My Commission expires: (CONTRACTOR) NOTICE OF NON-PAYMENT. If one or more "Notice of Non -Payment" or "Notice to Owner" is received by the OWNER, no further payments will be approved until non- payments) have been satisfied and a "Lien Waiver" for each "Notice" has been submitted to the OWNER. Upon request, CONTRACTOR shall furnish acceptable evidence that all such claims have been satisfied. The CONTRACTOR may, with consent of Surety and indemnification of the OWNER against any claims, receive payment for work for which there is an outstanding "Notice of Non -Payment" or "Notice to Owner." CERTIFICATION OF ARCHITECT OR CONSULTING ENGINEER (WHERE APPLICABLEZ I certify that I have checked and verify the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it is a true and correct statement of the work performed and/or material supplied by the Contractor. Dated (ARCHITECT/ ENGINEER) SIGNATURE I have checked the estimate against the Contractor's Schedule of Amounts for ontrac Payments and the notes and reports of my inspections of the project. It is my opinion that this statement of work performed and/or materials supplied is accurate, that the Contractor is observing the requirements of the Contract, and that the Contractor should be paid the amount requested above. Dated Accompanying Documentation: (ARCHITECT / ENGINEER) SIGNATURE [The Remainder of Page Intentional Left Blank 00622 - Contractor's Application for Payment 2006041 00622-2 ,., F:\Public Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS 2006041\00622 -Contractor's Application for Payment 2006041.doc Rev. 05/01 5 cr. �o H Q J a: �z (I) O �U r —i i i .moi s �t N N U a E} O A O O O I- IL U a. 0 o 0 0 0 N C N c co a _o C O m U_ n. a Q 0 U Rf i C O U N N co O O co s �t N N O Z > O � Q � U a z ° W o * m •k n 0 U N C 0 U EL 00 UN lQ O E Q Z _ 0 d O C G C/) Q J H 0 H d C d OO av O E Q N cc 3 O U o U = 3 d O O .. > E m (nOQ a� 0 U) 'p U) R o E y � a C3 w a� co d 0 'i (1) a a Q) c U (0 20 E G , N (� 6 r� 06 0n C7 O ,- N mt:T L6 O r� 06 O O N C)W Z r T T T T T T T T T T N N N 0 z 0 o 0 0 0 N C N c co a _o C O m U_ n. a Q 0 U Rf i C O U N N co O O U co s �t N N O Z > O � Q � U U co w o . N N N o N LL m o . 0 E T � a z ° W o * m •k n 0 U N C 0 U W In SECTION 00630 - Certificate of Substantial Completion Date of Issuance: 120 OWNER: Indian River County CONTRACTOR• Contract: Project: Oslo Road (CR 606) / Lateral 'J' Canal Bridge Replacement OWNER's Contract No. ENGINEER's Project No. CONTACT FOR: Oslo Road (CR 606) / Lateral 'J' Canal Bridge Replacement (Insert Name of Contract as it appears in the Bid Documents) This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To: And T OWNER CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days W of the above date of Substantial Completion. 00630 - Certificate of Substantial Completion 00630-1 .. FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00630 - Certificate of Substantial Completion.doc Rev. 05/01 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: [For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.] `" This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents. IM Executed by ENGINEER on: ENGINEER: By: (Authorized Signature) (Date). CONTRACTOR accepts this Certificate of Substantial Completion on (date). CONTRACTOR: By: (Authorized Signature) OWNER accepts this Certificate of Substantial Completion on (date). OWNER: INDIAN RIVER COUNTY By: (Authorized Signature) **END OF SECTION** 00630 - Certificate of Substantial Completion 00630-2 '"' FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00630 - Certificate of Substantial Completion.doc Rev. 05/01 EM SECTION 00632 - CONTRACTOR'S FINAL CERTIFICATION OF THE WORK (TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) STATE OF _ COUNTY OF Personally before me the undersigned officer, authorized by the laws of said state to administer oaths, comes who on oath says: That he is the CONTRACTOR with whom Indian River County, Florida, a political subdivision of said state, did on the day of ,20 , enter into a contract for the performance of certain work, more particularly described as follows: Oslo Road (CR 606) / Lateral 'J' Canal Bridge Replacement INDIAN RIVER COUNTY PROJECT #97058 UNDER PENALTY OF PERJURY, affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT: Name Description/Amount who have not been paid and who are due the amount set forth. Affiant further says that: 1. CONTRACTOR has reviewed the Contract Documents. 2. CONTRACTOR has reviewed the Work for compliance with the Contract Documents. 3. CONTRACTOR has completed the Work in accordance with the Contract Documents. 4. All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below. IM 00632 — Contractor's Final Certification of the Work FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00632 Contractor's Final Certification.doc Im Im 5. The Work is complete and ready for final acceptance by the OWNER. 6. CONTRACTOR hereby certifies that it has no claims against the OWNER. (Corporate Seal) (Contractor) By: Subscribed and sworn to before me this _ day of , 20 Notary Public State of Florida at Large My Commission expires: + + END OF SECTION + + Er 00632 — Contractor's Final Certification of the Work FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00632 Contractor's Final Certification.doc M SECTION 00634 - PROFESSIONAL SURVEYOR AND MAPPER'S CERTIFICATION AS TO ELEVATIONS AND LOCATIONS OF THE WORK (TO BE COMPLETED BY A FLORIDA PROFESSIONAL SURVEYOR AND MAPPER RETAINED BY THE CONTRACTOR AND TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) I CERTIFY that I am a Florida Professional Surveyor and Mapper retained by (insert name of CONTRACTOR) who is the CONTRACTOR for the following Project: Oslo Road (CR 606) / Lateral `S Canal Bridge Replacement INDIAN RIVER COUNTY PROJECT #9705B I FURTHER CERTIFY that I have personally performed the survey work for the preparation of Record Drawings for the CONTRACTOR for this project or that such work was performed under my direct control and supervision. I FURTHER CERTIFY that all constructed elevations and locations of the Work are in conformance with the Contract Documents, except for discrepancies listed below. [attach additional sheets as necessary] CERTIFIED BY: Printed Name: Florida Professional Surveyor and Mapper Registration Number: Date Signed and Sealed by Professional Surveyor and Mapper: Company Name: _ Company Address: Telephone Number: + + END OF SECTION + + (SURVEYOR'S SEAL) 00634-1 F:\Public Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00634 Professional Surveyor's Certification.doc M 0 0 M STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by EJCDC No. 1910-8 (1996 Edition) The Associated General Contractors of America Construction Specifications Institute Copyright ©1996 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 TABLE OF CONTENTS Title B: - ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 9 00700-2 3.01 5 Projects\Oslo 9 .................................................................................................... 3.02 Reference Standards........................................................................................................................10 1.01 Defined Terms.................................................................................................................................. Reporting and Resolving Discrepancies..........................................................................................10 5 Amending and Supplementing Contract Documents.... ..... m ..... m m ................... m ...... m ...................... M .... 10 3.05 Reuse of Documents........................................................................................................................10 1.02 Terminology......................................................................................................................................7 ARTICLE 2 - PRELIMINARY MATTERS..................................................................................................................... 8 2.01 Delivery of Bonds.. I ........................................................................................................................... 8 2.02 Copies of Documents....................................................................................................................... 8 2.03 Commencement of Contract Times; Notice to Proceed.................................................................. 8 2.04 Starting the Work.............................................................................................................................. 8 2.05 Before Starting Construction............................................................................................................ 8 2.06 Preconstruction Conference............................................................................................................. 9 2.07 Initial Acceptance of Schedules........................................................................................................ 9 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE............................................................... ....................................................................................................................14 9 00700-2 3.01 Intent................................................................................................................................................. Projects\Oslo 9 and 3.02 Reference Standards........................................................................................................................10 3.03 Reporting and Resolving Discrepancies..........................................................................................10 3.04 Amending and Supplementing Contract Documents.... ..... m ..... m m ................... m ...... m ...................... M .... 10 3.05 Reuse of Documents........................................................................................................................10 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS.....................................................................................................................................................11 4.01 Availability of Lands..........................................................................................................................11 4.02 Subsurface and Physical Conditions..... .................... 0 .... 0 . 0 .... 4 & W a E & E M 9 9 V N 0 % a 0 . . . . . . . . . . . M . . d E W M & a a a 0 . M a M 0 V . * 0 0 9 . q 9 . . . a . 0 11 4.03 Differing Subsurface or Physical Conditions....................................................................................11 4.04 Underground Facilities......................................................................................................................12 4.05 Reference Points..............................................................................................................................13 4.06 Hazardous Environmental Condition at Site....................................................................................13 ARTICLE 5 - BONDS AND INSURANCE ....................................................................................................................14 00700-2 F:\Pubhc Works\Capital Projects\Oslo 5.01 Performance, Payment, and Other Bonds.......................................................................................14 5.02 Licensed Sureties and Insurers........................................................................................................15 5.03 Certificates ofInsurance...................................................................................................................15 5.04 CONTRACTOR'S Liability Insurance...............................................................................................15 5.05 OWNER'S Liability Insurance...........................................................................................................16 5.06 Property Insurance...........................................................................................................................16 5.07 Waiver of Rights...............................................................................................................................17 5.08 Receipt and Application of Insurance Proceeds..............................................................................18 5.09 Acceptance of Bonds and Insurance; Option to Replace................................................................18 5.10 Partial Utilization, Acknowledgment of Property Insurer..................................................................18 �. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES.................................................................................................18 6.01 Supervision and Superintendence...................................................................................................18 6.02 Labor, Working Hours.......................................................................................................................18 6.03 Services, Materials, and Equipment.................................................................................................19 6.04 Progress Schedule...........................................................................................................................19 6.05 Substitutes and "Or-Equals".............................................................................................................19 6.07 Patent Fees and Royalties..........................................................................................................0.... 21 0 00700 - General Conditions (EJCDC) 00700-2 F:\Pubhc Works\Capital Projects\Oslo Road Lateral l\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc Rev. 05/01 0 00700 - General Conditions (EJCDC) rJ 6.08 Permits.......................................................................................................................................0...... 22 6.09 Laws and Regulations...................................................................................................................... 22 6.10 Taxes................................................................................................................................................ 22 6.11 Use of Site and Other Areas........................................................................................................0..0.22 ' 6.13 Safety and Protection................................................................................................................0...... 23 6.14 Safety Representative...................................................................................................................... 23 6.15 Hazard Communication Programs...................................................................................................23 6.16 Emergencies..................................................................................................................................... 24 6.17 Shop Drawings and Samples...........................................................................................................24 6.18 Continuing the Work... ..... I .......... 0 ....... M . . M M ..... 0 ............ mm ........... m ................. mo..o ................................. 0.25 6.19 CONTRACTOR's General Warranty and Guarantee.....................................................0..........0..... 25 6.20 Indemnification...............................................................................................................................0..25 0 ARTICLE 8 - OWNER'S RESPONSIBILITIES.............................................................................................................27 8.01 Communications to Contractor......................................................................................................... 27 8.02 Replacement of ENGINEER............................................................................................................ 27 8.03 Furnish Data..................................................................................................................................... 27 8.04 Pay Promptly When Due.................................................................................................................. 27 8.05 Lands and Easements; Reports and Tests....................................................................................0.27 8.06 Insurance...................................................................................................................................0...... 27 8.07 Change Orders................................................................................................................................. 27 8.08 Inspections, Tests, and Approvals................................................................................................... 27 8.09 Limitations on OWNER'S Responsibilities...........................................................0......... 0.................. 27 8.10 Undisclosed Hazardous Environmental Condition...........................................................................28 8.11 Evidence of Financial Arrangements, ............. M .................. d ............ 0 ............................. 0 ............ 0.d .... 28 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION............................................................................28 9.01 OWNER'S Representative............................................................................................................... 28 9.02 Visits to Site...................................................................................................................................... 28 9.03 Project Representative..................................................................................................................... 28 9.04 Clarifications and Interpretations......................................................................................................28 9.05 Authorized Variations in Work..........................................................................................................28 9.06 Rejecting Defective Work.................................................................................................................29 9.07 Shop Drawings, Change Orders and Payments..............................................................................29 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work ............................ 29 9.10 Limitations on ENGINEER's Authority and Responsibilities............................................................ 29 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS...................................................................................................30 10.01 Authorized Changes in the Work.................................................................................................... 30 10.02 Unauthorized Changes in the Work...............................................................................................30 10.03 Execution of Change Orders.......................................................................................................... 30 10.04 Notification to Surety....................................................................................................................... 30 10.05 Claims and Disputes....................................................................................................................... 31 ARTICLE ARTICLE7 - OTHER WORK.......................................................................................................................................26 CASH ALLOWANCES; UNIT Road Lateral 1\BID DOCUMENTS\00700 7.01 Related Work at Site......................................................................................................................... 26 7.02 Coordination......................................................................................................................................27 ..............................................31 0 ARTICLE 8 - OWNER'S RESPONSIBILITIES.............................................................................................................27 8.01 Communications to Contractor......................................................................................................... 27 8.02 Replacement of ENGINEER............................................................................................................ 27 8.03 Furnish Data..................................................................................................................................... 27 8.04 Pay Promptly When Due.................................................................................................................. 27 8.05 Lands and Easements; Reports and Tests....................................................................................0.27 8.06 Insurance...................................................................................................................................0...... 27 8.07 Change Orders................................................................................................................................. 27 8.08 Inspections, Tests, and Approvals................................................................................................... 27 8.09 Limitations on OWNER'S Responsibilities...........................................................0......... 0.................. 27 8.10 Undisclosed Hazardous Environmental Condition...........................................................................28 8.11 Evidence of Financial Arrangements, ............. M .................. d ............ 0 ............................. 0 ............ 0.d .... 28 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION............................................................................28 9.01 OWNER'S Representative............................................................................................................... 28 9.02 Visits to Site...................................................................................................................................... 28 9.03 Project Representative..................................................................................................................... 28 9.04 Clarifications and Interpretations......................................................................................................28 9.05 Authorized Variations in Work..........................................................................................................28 9.06 Rejecting Defective Work.................................................................................................................29 9.07 Shop Drawings, Change Orders and Payments..............................................................................29 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work ............................ 29 9.10 Limitations on ENGINEER's Authority and Responsibilities............................................................ 29 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS...................................................................................................30 10.01 Authorized Changes in the Work.................................................................................................... 30 10.02 Unauthorized Changes in the Work...............................................................................................30 10.03 Execution of Change Orders.......................................................................................................... 30 10.04 Notification to Surety....................................................................................................................... 30 10.05 Claims and Disputes....................................................................................................................... 31 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT Road Lateral 1\BID DOCUMENTS\00700 PRICE WORK ..............................................31 11.01 Cost of the Work............................................................................................................................. 31 11.02 Cash Allowances............................................................................................................................ 33 11.03 Unit Price Work............................................................................................................................... 33 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES.............................................34 00700 - General Conditions (EJCDC) 00700-3 F:\Public Works\Capital Projects\Oslo Road Lateral 1\BID DOCUMENTS\00700 - General Conditions (E1CDC).doc Rev. 05/01 00700 - General Conditions (EJCDC) in I= 12.01 Change of Contract Price............................................................................................................... 34 12.02 Change of Contract Times.............................................................................................................. 35 12.03 Delays Beyond CONTRACTOR's Control..................................................................................... 35 12.04 Delays Within CONTRACTOR's Control....................................................................................... 35 12.06 Delay Damages..............................................................................................................................35 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVEWORK.................................................................................................................................35 13.01 Notice of Defects............................................................................................................................ 35 13.02 Access to Work............................................................................................................................... 35 13.03 Tests and Inspections..................................................................................................................... 35 13.04 Uncovering Work............................................................................................................................36 13.05 OWNER May Stop the Work.......................................................................................................... 36 13.06 Correction or Removal of Defective Work...................................................................................... 37 13.07 Correction Period............................................................................................................................37 13.08 Acceptance of Defective Work....................................................................................................... 37 13.09 OWNER May Correct Defective Work........................................................................................... 37 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION.......................................................................38 14.01 Schedule of Values......................................................................................................................... 38 14.02 Progress Payments........................................................................................................................ 38 14.03 CONTRACTOR's Warranty of Title................................................................................................ 40 14.04 Substantial Completion................................................................................................................... 40 14.05 Partial Utilization............................................................................................................................. 40 14.06 Final Inspection...............................................................................................................................41 14.07 Final Payment................................................................................................................................41 14.09 Waiver of Claims............................................................................................................................. 42 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION.................................................................................42 15.01 OWNER May Suspend Work.........................................................................................................42 15.02 OWNER May Terminate for Cause................................................................................................ 42 15.03 OWNER May Terminate For Convenience.................................................................................... 43 15.04 CONTRACTOR May Stop Work or Terminate.............................................................................. 43 ARTICLE 16 - DISPUTE RESOLUTION...................................................................................................................... 43 16.01 Methods and Procedures............................................................................................................... 43 ARTICLE17 - MISCELLANEOUS................................................................................................................................44 17.01 Giving Notice................................................................................................................................... 44 17.02 Computation of Times..................................................................................................................... 44 17.03 Cumulative Remedies.................................................................................................................... 44 17.04 Survival of Obligations.................................................................................................................... 44 17.05 Controlling Law............................................................................................................................... 44 00700 - General Conditions (EICDC) 00700-4 F:\PubGc Works\Capital Projects\Oslo Road Lateral l\BID DOCUMENTS\00700 - General Conditions (EICDC).doc Rev. 05/01 00700 - General Conditions (EICDC) 17. Drawings --That part of the Contract Documents prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the Work to be performed by CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined. 18. Effective Date of the Agreement --The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. ENGINEER --The individual or entity named as such in the Agreement. 20. ENGINEER's Consultant --An individual or �. entity having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 21. Field Order --A written order issued by ENGINEER which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 22. General Requirements --Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifica- tions. 23. Hazardous Environmental Condition --The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 24. Hazardous Waste --The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 25. Laws and Regulations Laws or Regulat- ions --Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all govern- mental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens --Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 27. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Comple- tion of all the Work. 28. Notice of Award --The written notice by OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER will sign and deliver the Agreement. 29. Notice to Proceed --A written notice given by OWNER to CONTRACTOR fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform the Work under the Contract Documents. 30. OWNER --The individual, entity, public body, or authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed. 31. Partial Utilization --Use by OWNER of a substantially completed part of the Work for the pur- pose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 32. PCBs --Polychlorinated biphenyls. 33. Petroleum --Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 34. Project --The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents. 35. Project Manual --The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 36. Radioactive Material --Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 37. Resident Project Representative --The authorized representative of ENGINEER who may be assigned to the Site or any part thereof. 38. Samples --Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which r� 00700 - General Conditions (EJCDC) Page 6 of 44 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc r� 00700 - General Conditions (EJCDC) EM Al establish the standards by which such portion of the Work will be judged. 39. Shop Drawings --All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 40. Site --Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by OWNER which are designated for the use of CONTRACTOR. 41. Specifications --That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 42. Subcontractor --An individual or entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site. 43. Substantial Completion --The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 44. Supplementary Conditions --That part of the Contract Documents which amends or supplements these General Conditions. 45. Supplier --A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 46. Underground Facilities --All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 47. Unit Price Work --Work to be paid for on the basis of unit prices. 48. Work --The entire completed construction or the various separately identifiable parts thereof re- quired to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 49. Work Change Directive --A written statement to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subse- quently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 50. Written Amendment --A written statement modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Docu- ments. 1.02 Terminology A. Intent of Certain Terms or Adjectives 1. Whenever in the Contract Documents the terms "as allowed," "as approved," or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of ENGINEER as to the Work, it is intended that such action or determination will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGI- 00700 - General Conditions (EJCDC) Page 7 of 44 F:\Public Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc NEER any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.10 or any other provision of the Contract Documents. B. Day 1. The word "day' shall constitute a calendar day of 24 hours measured from midnight to the next midnight. C. Defective 1. The word "defective," when modifying the word 'Work," refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recom- mendation of final payment (unless responsi- bility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.04 or 14.05). D. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of CONTRACTOR, "provide" is implied. E. Unless stated otherwise in the Contract Docu- ments, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish. 2.02 Copies of Documents A. OWNER shall furnish to CONTRACTOR up to ten copies of the Contract Documents. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agree- ment or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Pro- ceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. CONTRACTOR shall start to perform the Work on the date when the Contract Times com- mence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. CONTRACTOR's Review of Contract Docu- ments: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected 00700 - General Conditions (EJCDC) Page 8 of 44 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have known thereof. B. Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRAC- TOR shall submit to ENGINEER for its timely review: - 1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for sub- mitting, reviewing, and processing such submittal; and 3. a preliminary schedule of values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. C. Evidence of Insurance: Before any Work at the Site is started, CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with Article 5. 2.06 Preconstruction Conference A. Within 20 days after the Contract Times start to run, but before any Work at the Site is started, a conference attended by CONTRACTOR, ENGINEER, and others as appropriate will be held to establish a �. working understanding among the parties as to the Work and to discuss the schedules referred to in para- graph 2.05.13, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. It✓ 2.07 Initial Acceptance of Schedules A. Unless otherwise provided in the Contract Documents, at least ten days before submission of the first Application for Payment a conference attended by CONTRACTOR, ENGINEER, and others as appropri- ate will be held to review for acceptability to ENGI- NEER as provided below the schedules submitted in accordance with paragraph 2.05.B. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until acceptable schedules are submitted to ENGINEER. 1. The progress schedule will be acceptable to ENGINEER if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Such acceptance will not impose on ENGINEER responsibility for the progress schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. 2. CONTRACTOR's schedule of Shop Drawing and Sample submittals will be acceptable to ENGINEER if it provides a workable arrangement for reviewing and processing the required submittals. 3. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are comple- mentary; what is called for by one is as binding as if called for by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part there- of) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to OWNER. 00700 - General Conditions (EJCDC) Page 9 of 44 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc 00700 - General Conditions (EJCDC) n C. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifica- tions, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the stan- dard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their subcontractors, consultants, agents, or employ- ees from those set forth in the Contract Documents, nor shall any such provision or instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER's Consultants, agents, or employees any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity, or discrepancy within the Con- tract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, CONTRACTOR shall report it to ENGINEER in writing at once. CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as required by paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity, or discrepancy unless CON- TRACTOR knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: (i) a Written Amendment; (ii) a Change Order; or (iii) a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: (i) a Field Order; (ii) ENGINEER's approval of a Shop Drawing or Sample; or (iii) ENGINEERiswritten interpretation or clarifi- cation. 3.05 Reuse of Documents A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or furnishing any of the Work under a direct or indirect contract with OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, including electronic media editions; and (ii) shall not reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of OWNER and 00700 - General Conditions (EJCDC) Page 10 of 44 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc 00700 - General Conditions (EJCDC) r ENGINEER and specific written verification or adaption by ENGINEER. This prohibition will survive final payment, completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of any encumbrances or restrictions not of general application but specifically related to use of the Site with which CONTRACTOR must comply in performing the Work. OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in OWNER's furnishing the Site, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving �. notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGI- NEER has used in preparing the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementa- ry Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which CONTRAC- TOR is entitled to rely as provided in paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inher- ent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any 00700 - General Conditions (EJCDC) Page 11 of 44 FAPublic Works\Capital Projects\Oslo Road Lateral MID DOCUMENTS\00700 - General Conditions (EJCDC).doc Work in connection therewith (except in an emergency c. CONTRACTOR failed to give the as required by paragraph 6.16.A), notify OWNER and written notice within the time and as re- ENGINEER in writing about such condition. quired by paragraph 4.03.A. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith 3. If OWNER and CONTRACTOR are (except as aforesaid) until receipt of written order to do unable to agree on entitlement to or on the so. amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a B. ENGINEER's Review: After receipt of written Claim may be made therefor as provided in notice as required by paragraph 4.03.A, ENGINEER paragraph 10.05. However, OWNER, will promptly review the pertinent condition, determine ENGINEER, and ENGINEER's Consultants the necessity of OWNER's obtaining additional shall not be liable to CONTRACTOR for any exploration or tests with respect thereto, and advise claims, costs, losses, or damages (including OWNER in writing (with a copy to CONTRACTOR) of but not limited to all fees and charges of ENGINEER's findings and conclusions. engineers, architects, attorneys, and other professionals and all court or arbitration or other C. Possible Price and Times Adjustments dispute resolution costs) sustained by CONTRACTOR on or in connection with any .. 1. The Contract Price or the Contract other project or anticipated project. Times, or both, will be equitably adjusted to the extent that the existence of such differing 4.04 Underground Facilities subsurface or physical condition causes an in- crease or decrease in CONTRACTOR's cost A. Shown or Indicated. The information and data of, or time required for, performance of the shown or indicated in the Contract Documents with Work; subject, however, to the following: respect to existing Underground Facilities at or contiguous to the Site is based on information and a. such condition must meet any one or data furnished to OWNER or ENGINEER by the more of the categories described in para- owners of such Underground Facilities, including graph 4.03.A; and OWNER, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in 1. OWNER and ENGINEER shall not Contract Price will be subject to the be responsible for the accuracy or com- provisions of paragraphs 9.08 and 11.03. pleteness of any such information or data; and 2. CONTRACTOR shall not be entitled 2. the cost of all of the following will be to any adjustment in the Contract Price or included in the Contract Price, and CONTRAC- Contract Times if: TOR shall have full responsibility for: a. CONTRACTOR knew of the a, reviewing and checking all such existence of such conditions at the time information and data, CONTRACTOR made a final commitment to OWNER in respect of Contract Price and b. locating all Underground Facilities Contract Times by the submission of a Bid shown or indicated in the Contract or becoming bound under a negotiated Documents, contract; or c. coordination of the Work with the b. the existence of such condition could owners of such Underground Facilities, reasonably have been discovered or including OWNER, during construction, and revealed as a result of any examination, investigation, exploration, test, or study of d. the safety and protection of all such the Site and contiguous areas required by Underground Facilities and repairing any the Bidding Requirements or Contract damage thereto resulting from the Work. Documents to be conducted by or for CON- TRACTOR prior to CONTRACTOR's B. Not Shown or Indicated making such final commitment; or 1. If an Underground Facility is uncovered or revealed at or contiguous to the 00700 - General Conditions (EJCDC) Page 12 of 44 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc 1W Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGI- NEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility. 2. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, OWNER or CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 4.05 Reference Points A. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CON- TRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the ENGINEER in the preparation of the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. CONTRACTOR shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by CONTRACTOR, Subcontractors, Suppliers, or anyone else for whom CONTRACTOR is responsible. D. If CONTRACTOR encounters a Hazardous Environmental Condition or if CONTRACTOR or anyone for whom CONTRACTOR is responsible creates a Hazardous Environmental Condition, CONTRACTOR shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in 00700 - General Conditions (EJCDC) Page 13 of 44 F1Public Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc 00700 - General Conditions (EJCDC) connection with such condition and in any area affected thereby (except in an emergency as required by paragraph 6.16); and (iii) notify OWNER and ENGI- NEER (and promptly thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or take corrective action, if any. E. CONTRACTOR shall not be required to resume Work in connection with such condition or in any affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by CONTRACTOR, either party may make a Claim therefor as provided in paragraph 10.05. F. If after receipt of such written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special condi- tions, then OWNER may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If OWNER and CON- TRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in paragraph 10.05. OWNER may have such deleted portion of the Work performed by OWNER Is own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors, ENGI- NEER, ENGINEER's Consultants and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included - within the scope of the Work, and (ii) was not created ,ar by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this para- graph 4.06.E shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.F shall obligate CONTRACTOR to indemnify any individual or entity from and against the consequences of that individual's or entity's own negli- gence. I. The provisions of paragraphs 4.02, 4.03, and 4.04 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful perfor- mance and payment of all CONTRACTOR 7s obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by -the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Contract Documents. B. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Com- panies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All Bonds signed by an agent must be 00700 - General Conditions (EJCDC) Page 14 of 44 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc 00700 - General Conditions (EJCDC) accompanied by a certified copy of such agent's authority to act. C. If the surety on any Bond furnished by CON- TRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.01.131 CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.01.6 and 5.02. 5.02 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. CONTRACTOR shall deliver to OWNER, with 4 copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWN- ER or any other additional insured) which CON- TRACTOR is required to purchase and maintain. OWNER shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other evidence of insurance requested by CONTRAC- TOR or any other additional insured) which OWNER is required to purchase and maintain. 5.04 CONTRACTOR's Liability Insurance A. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be per- formed by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, mainte- nance or use of any motor vehicle. B. The policies of insurance so required by this paragraph 5.04 to be purchased and maintained shall: 1. with respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of professional liability) OWNER, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Condi- tions, all of whom shall be listed as additional insureds, and include coverage for the respec- tive officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include insurance; Page 15 of 44 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc completed operations 00700 - General Conditions (EJCDC) 0 4. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.07, 6.11, and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CON- TRACTOR pursuant to paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when CON- TRACTOR may be correcting, removing, or replacing defective Work in accordance with paragraph 13.07; and 7. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). �. 5.05 OWNER's Liability Insurance M A. In addition to the insurance required to be provided by CONTRACTOR under paragraph 5.04, OWNER, at OWNER's option, may purchase and maintain at OWNER Is expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supple- mentary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an additional insured; 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, tempo- rary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by en- forcement of Laws and Regulations, water damage, and such other perils or causes of loss as may be specifically required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER; 5. allow for partial utilization of the Work by OWNER; 6. include testing and startup; and 7. be maintained in effect until final pay- ment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR, and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consul- tants, and any other individuals or entities identified in the Supplementary Conditions, each of whom is Page 16 of 44 F:\Public Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc 00700 - General Conditions (EJCDC) deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certifi- cates or other evidence thereof) required to be pur- chased and maintained in accordance with paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to OWNER and CON- TRACTOR and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.07. D. OWNER shall not be responsible for purchas- ing and maintaining any property insurance specified in this paragraph 5.06 to protect the interests of CONTRACTOR, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by CONTRACTOR, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policies provided under paragraph 5.06, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRAC- TOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the Site, OWNER shall in writing advise CONTRAC- TOR whether or not such other insurance has been procured by OWNER. 5.07 Waiver of Rights A. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraph 5.06 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consul- tants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. B. OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to OWNER's property or the Work caused by, arising out of, or resulting from fire or other peril whether or not insured by OWNER; and 2. loss or damage to the completed Pro- ject or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to paragraph 14.05, after Substantial Completion pursuant to paragraph 14.04, or after final payment pursuant to paragraph 14.07. C. Any insurance policy maintained by OWNER covering any loss, damage or consequential loss referred to in paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against CONTRACTOR, Subcontractors, ENGINEER, or ENGINEER's Consultants and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them. 00700 - General Conditions (EJCDC) Page 17 of 44 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by paragraph 5.06 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.08.8. OWNER shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. B. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, OWNER as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either OWNER or CONTRACTOR has any objection to the coverage afforded by or other provi- sions of the Bonds or insurance required to be purchased and maintained by the other party in accor- dance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by paragraph 2.05.C. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in cover- age necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. CONTRACTOR shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CON- TRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of OWNER or ENGINEER in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CON- TRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. B. At all times during the progress of the Work, CONTRACTOR shall assign a competent resident superintendent thereto who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the Site and shall have authority to act on behalf of CONTRACTOR. All communications given to or received from the superintendent shall be binding on CONTRACTOR. 6.02 Labor, Working Hours A. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out, and construct the Work as required by the Contract Docu- 00700 - General Conditions (EJCDC) Page 18 of 44 F:\Public Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc ments. CONTRACTOR shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without OWNER's written consent (which will not be unreasonably withheld) given after prior written notice to ENGINEER. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the General Re- quirements, CONTRACTOR shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifica- tions shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.07 as it may be adjusted from time to time as provided below. 1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indi- cated in paragraph 2.07) proposed adjustments in the progress schedule that will not result in changing the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additional- ly will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Written Amendment in accor- dance with Article 12. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to ENGINEER for review under the circumstances described below. 1. "Or -Equal" Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substi- tute items. For the purposes of this paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: m a. in the exercise of reasonable judgment ENGINEER determines that: (i) it is at least equal in quality, durability, appearance, strength, and design characteristics; (ii) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole, and; b. CONTRACTOR certifies that: (i) there is no increase in cost to the OWNER; and (ii) it will conform substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents. 00700 - General Conditions (EJCDC) Page 19 of 44 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc m a. in the exercise of reasonable judgment ENGINEER determines that: (i) it is at least equal in quality, durability, appearance, strength, and design characteristics; (ii) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole, and; b. CONTRACTOR certifies that: (i) there is no increase in cost to the OWNER; and (ii) it will conform substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents. 00700 - General Conditions (EJCDC) 2. Substitute Items a. If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under paragraph 6.05.A.19 it will be considered a proposed substitute item. b. CONTRACTOR shall submit suffi- cient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. c. The procedure for review by ENGI- NEER will be as set forth in paragraph "6.05.A.2.d, as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. d. CONTRACTOR shall first make written application to ENGINEER for review of a proposed substitute item of material or equipment that CONTRACTOR seeks to furnish or use. The application shall certify that the proposed substitute item will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified, and be suited to the same use as that specified. The application will state the extent, if any, to which the use of the pro- posed substitute item will prejudice CONTRACTOR's achievement of Substan- tial Completion on time, whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute item and whether or not incorporation or use of the proposed substi- tute item in connection with the Work is sub- ject to payment of any license fee or royalty. All variations of the proposed substitute item from that specified will be identified in the application, and available engineering, sales, maintenance, repair, and replacement services will be indicated. The application will also contain an itemized esti- mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute item. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute item. B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, se- quence, or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.05.A.2. C. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to para- graphs 6.05.A and 6.05.13. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until ENGINEER's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an `or equal." ENGINEER will advise CONTRACTOR in writing of any negative determination. D. Special Guarantee: OWNER may require CONTRACTOR to furnish at CONTRACTOR's ex- pense a special performance guarantee or other surety with respect to any substitute. E. ENGINEER's Cost Reimbursement: ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.13 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER approves a substitute item so pro- posed or submitted by CONTRACTOR, CON- TRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute. F. CONTRACTOR's Expense: CONTRACTOR shall provide all data in support of any proposed substitute or `or -equal" at CONTRACTOR's expense. Page 20 of 44 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc s 00700 - General Conditions (EJCDC) 6.06 Concerning Subcontractors, Suppliers, and Others A. CONTRACTOR shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to OWNER as indicated in paragraph 6.06.8), whether initially or as a replacement, against whom OWNER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reason- able objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to OWNER in advance for acceptance by OWNER by a specified �* date prior to the Effective Date of the Agreement, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcon- tractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. CONTRACTOR shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such , replacement, and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other individual or entity, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcon- tractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. E. CONTRACTOR shall require all Subcontrac- tors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to commu- nicate with ENGINEER through CONTRACTOR. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.06, the agreement between the CONTRACTOR and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same. 6.07 Patent Fees and Royalties A. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, 00700 - General Conditions (EJCDC) Page 21 of 44 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc EM CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees or agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supple- mentary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto, such as plant investment fees. 6.09 Laws and Regulations A. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compli- ance with any Laws or Regulations. B. If CONTRACTOR performs any Work know- ing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in paragraph 10.05. 6.10 Taxes A. CONTRACTOR shall pay all sales, consum- er, use, and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant, and the officers, directors, partners, employees, agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER, or any other party indemnified hereunder to the 00700 - General Conditions (EJCDC) Page 22 of 44 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc 00700 - General Conditions (EJCDC) 0 extent caused by or based upon CONTRACTOR's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work CONTRAC- TOR shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materi- als, rubbish, and other debris shall conform to applica- ble Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it ready for utilization by OWNER. At the com- pletion of the Work CONTRACTOR shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifica- tions, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGI- NEER for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to ENGINEER for OWNER. 6.13 Safety and Protection A. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equip- ment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. CONTRACTOR shall comply with all applica- ble Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury, or loss to any property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant, or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.07.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged be - 00700 - General Conditions (EJCDC) Page 23 of 44 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc 00700 - General Conditions (EJCDC) tween or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protec- tion of persons or the Work or property at the Site or adjacent thereto, CONTRACTOR is obligated to act to prevent threatened damage, injury, or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If ENGINEER determines that a change in the Contract Documents is required be- cause of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified perfor- mance and design criteria, materials, and similar data to show ENGINEER the services, materials, and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.17.E. B. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as ENGINEER may require to enable ENGI- NEER to review the submittal for the limited purposes required by paragraph 6.17.E. The numbers of each Sample to be submitted will be as specified in the Specifications. C. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGI- NEER as required by paragraph 2.07, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. D. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to means, methods, techniques, sequences, and procedures of construction and safety precautions and programs incident thereto; and d. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 2. Each submittal shall bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 3. At the time of each submittal, CON- TRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written com- munication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample sub- mitted to ENGINEER for review and approval of each such variation. E. ENGINEER's Review 1. ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation 00700 - General Conditions (EJCDC) Page 24 of 44 F:\Public Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. ENGINEER's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of each submittal as required by paragraph 6.17.D.3 and ENGI- NEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CON- TRACTOR from responsibility for complying with the requirements of paragraph 6.17.D.1. F. Resubmittal Procedures 1. CONTRACTOR shall make correc- tions required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CON- TRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.18 Continuing the Work A. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.04 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.19 CONTRACTOR's General Warranty and Guarantee A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or 2. normal wear and tear under normal usage. B. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 1. observations by ENGINEER; 2. recommendation by ENGINEER or payment by OWNER of any progress or final payment; 3. the issuance of a certificate of Sub- stantial Completion by ENGINEER or any payment related thereto by OWNER; 4. use or occupancy of the Work or any part thereof by OWNER; 5. any acceptance by OWNER or any failure to do so; 6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by OWNER. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's «w 00700 - General Conditions (EJCDC) Page 25 of 44 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc «w 00700 - General Conditions (EJCDC) v Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage: 1. is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom; and 2. is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of an individual or entity indemnified hereunder or whether liability is imposed upon such indemni- fied parry by Laws and Regulations regardless of the negligence of any such individual or entity. B. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier, or other individual or entity under workers' compen- sation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of CON- TRACTOR under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER's Consultants or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. ARTICLE 7 - OTHER WORK 7.01 Related Work at Site A. OWNER may perform other work related to the Project at the Site by OWNER's employees, or let other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to CONTRACTOR prior to starting any such other work; and 2. if OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in paragraph 10.05. B. CONTRACTOR shall afford each other contractor who is a parry to such a direct contract and each utility owner (and OWNER, if OWNER is per- forming the other work with OWNER's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. Page 26 of 44 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc 00700 - General Conditions (EJCDC) .ri C. If the proper execution or results of any part of CONTRACTOR's Work depends upon work per- formed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects, or deficien- cies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure to so report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent defects and .� deficiencies in such other work. 7.02 Coordination A. If OWNER intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility for such coordination. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, OWNER shall issue all communi- cations to CONTRACTOR through ENGINEER. 8.02 Replacement of ENGINEER A. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer to whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.03 Furnish Data A. OWNER shall promptly furnish the data required of OWNER under the Contract Documents. 8.04 Pay Promptly When Due A. OWNER shall make payments to CONTRAC- TOR promptly when they are due as provided in paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents. 8.06 Insurance A. OWNER's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance are set forth in Article 5. 8.07 Change Orders A. OWNER is obligated to execute Change Orders as indicated in paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. OWNER's responsibility in respect to certain inspections, tests, and approvals is set forth in paragraph 13.03.B. 8.09 Limitations on OWNER's Responsibilities A. The OWNER shall not supervise, direct, or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, se- quences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 00700 - General Conditions (EJCDC) Page 27 of 44 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc m 0 8.10 Undisclosed Hazardous Environmental Condition A. OWNER's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S Representative A. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNERisrepresentative during construction are set forth in the Contract Documents and will not be changed without written consent of OWNER and ENGINEER. 9.02 Visits to Site A. ENGINEER will make visits to the Site at intervals appropriate to the various stages of construc- tion as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER, for the benefit of OWNER, will determine, in general, if the Work is proceeding in accordance with the Con- tract Documents. ENGINEER will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. B. ENGINEER's visits and observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.10, and particularly, but without limitation, during or as a result of ENGINEER's visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If OWNER and ENGINEER agree, ENGI- NEER will furnish a Resident Project Representative to assist ENGINEER in providing more extensive observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another represen- tative or agent to represent OWNER at the Site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Clarifications and Interpretations A. ENGINEER will issue with reasonable promptness such written clarifications or interpreta- tions of the requirements of the Contract Documents as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER and CON- TRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a written clarification or interpretation, a Claim may be made therefor as provided in paragraph 10.05. 9.05 Authorized Variations in Work A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compati- ble with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR, who shall perform the Work involved promptly. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of a Field Order, Page 28 of 44 F:\Public Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc 00700 - General Conditions (EJCDC) a Claim may be made therefor as provided in paragraph 10.05. 9.06 Rejecting Defective Work A. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.07 Shop Drawings, Change Orders and Payments A. In connection with ENGINEER's authority as to Shop be referred Drawings and Samples, see paragraph 6.17. B. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. C. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. 9.08 Determinations for Unit Price Work A. ENGINEER will determine the actual quanti- ties and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) upon OWNER and CONTRACTOR, subject to the provisions of paragraph 10.05. 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work A. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work, the quantities and classifications of Unit Price Work, the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, and Claims seeking changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing, in accordance with the provisions of paragraph 10.05, with a request for a formal decision. B. When functioning as interpreter and judge under this paragraph 9.09, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to this paragraph 9.09 with respect to any such Claim, dispute, or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.07) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, dispute, or other matter. 9.10 Limitations on ENGINEER's Authority and Responsibilities A. Neither ENGINEER's authority or respon- sibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by ENGINEER shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcon- tractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, se- quences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of Page 29 of 44 F:\Public Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc c; 00700 - General Conditions (EJCDC) inspections, tests, and approvals that the results s certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibil- ity set forth in this paragraph 9.10 shall also apply to ENGINEER's Consultants, Resident Project Repre- sentative, and assistants. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If OWNER and CONTRACTOR are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in paragraph 10.05. 10.02 Unauthorized Changes in the Work A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in paragraph 3.04, except in the case of an emergency as provided in paragraph 6.16 or in the case of uncovering Work as provided in paragraph 13.04.B. 10.03 Execution of Change Orders A. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGI- NEER (or Written Amendments) covering: 1. changes in the Work which are: (i) ordered by OWNER pursuant to paragraph 10.01.A, (ii) required because of acceptance of defective Work under paragraph 13.08.A or OWNER's correction of defective Work under paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regula- tions, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 00700 - General Conditions (EJCDC) Page 30 of 44 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc If 10.05 Claims and Disputes A. Notice: Written notice stating the general nature of each Claim, dispute, or other matter shall be y delivered by the claimant to ENGINEER and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data shall be delivered to the ENGINEER and the other party to the Contract within 60 days after the start of such event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such Claim, dispute, or other matter). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.01.13. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12.02.13. Each Claim shall be accom- panied by claimant's written statement that the adjust- ment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to ENGINEER and the claimant within 30 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). B. ENGINEER's Decision: ENGINEER will render a formal decision in writing within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. ENGINEER's written decision on such Claim, dispute, or other matter will be final and binding upon OWNER and CONTRACTOR unless: C. If ENGINEER does not render a formal decision in writing within the time stated in paragraph 10.05.13, a decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. D. No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid if not submitted in accordance with this paragraph 10.05. ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to CONTRACTOR will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in para- graph 11.01.13. 1. an appeal from ENGINEER's decision is taken within the time limits and in 1. Payroll costs for employees in the accordance with the dispute resolution direct employ of CONTRACTOR in the perfor- procedures set forth in Article 16; or mance of the Work under schedules of job classifications agreed upon by OWNER and 2. if no such dispute resolution CONTRACTOR. Such employees shall include procedures have been set forth in Article 16, a without limitation superintendents, foremen, written notice of intention to appeal from and other personnel employed full time at the ENGINEER's written decision is delivered by Site. Payroll costs for employees not employed OWNER or CONTRACTOR to the other and to full time on the Work shall be apportioned on ENGINEER within 30 days after the date of the basis of their time spent on the Work. such decision, and a formal proceeding is Payroll costs shall include, but not be limited to, instituted by the appealing party in a forum of salaries and wages plus the cost of fringe competent jurisdiction within 60 days after the benefits, which shall include social security date of such decision or within 60 days after contributions, unemployment, excise, and Substantial Completion, whichever is later payroll taxes, workers' compensation, health (unless otherwise agreed in writing by OWNER and retirement benefits, bonuses, sick leave, and CONTRACTOR), to exercise such rights or vacation and holiday pay applicable thereto. remedies as the appealing party may have with The expenses of performing Work outside of respect to such Claim, dispute, or other matter regular working hours, on Saturday, Sunday, or in accordance with applicable Laws and legal holidays, shall be included in the above to Regulations. the extent authorized by OWNER. 0 00700 - General Conditions (EJCDC) Page 31 of 44 F:\Public Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc 0 00700 - General Conditions (EJCDC) 2. Cost of all materials and equipment furnished and incorporated in the Work, includ- ing costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 3. Payments made by CONTRACTOR to Subcontractors for Work performed by Subcontractors. If required by OWNER, CON- TRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER, who will then determine, with the advice of ENGINEER, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in this para- graph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary trans- portation, travel, and subsistence expenses of CONTRACTOR's employees incurred in dis- charge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equip- ment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not con- sumed which remain the property of CON- TRACTOR. C. Rentals of all construction equip- ment and machinery, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. e . Deposits lost for causes other than negligence of CONTRACTOR, any Sub- contractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sus- tained by CONTRACTOR in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expressage, and similar petty cash items in connection with the Work. i. When the Cost of the Work is used to determine the value of a Change Order or of a Claim, the cost of premiums for additional Bonds and insurance required because of the changes in the Work or caused by the event giving rise to the Claim. j. When all the Work is performed on the basis of cost-plus, the costs of premiums for all 00700 - General Conditions (EJCDC) Page 32 of 44 F:\Public Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc _4 Bonds and insurance CONTRACTOR is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of CONTRACTOR's officers, executives, princi- pals (of partnerships and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.01.A.1 or specifically covered by paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the CONTRACTOR's fee. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to paragraphs 11.01.A and 11.01.13, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting data. 11.02 Cash Allowances A. It is understood that CONTRACTOR has in- cluded in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. Expenses of CONTRACTOR's princi- 2. CONTRACTOR's costs for unloading pal and branch offices other than and handling on the Site, labor, installation CONTRACTOR's office at the Site. costs, overhead, profit, and other expenses contemplated for the allowances have been 3. Any part of CONTRACTOR's capital included in the Contract Price and not in the expenses, including interest on allowances, and no demand for additional CONTRACTOR's capital employed for the payment on account of any of the foregoing will Work and charges against CONTRACTOR for be valid. delinquent payments. 4. Costs due to the negligence of CON- TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraphs 11.01.A and 11.01.13. C. CONTRACTOR's Fee: When all the Work is performed on the basis of cost-plus, CONTRACTOR's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, CONTRACTOR's fee shall be determined as set forth in paragraph 12.01.C. B. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Con- tract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaran- teed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Deter- minations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER subject to the provisions of paragraph 9.08. B. Each unit price will be deemed to include an amount considered by CONTRACTOR to be ade- 00700 - General Conditions (EJCDC) Page 33 of 44 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc quate to cover CONTRACTOR's overhead and profit for each separately identified item. C. OWNER or CONTRACTOR may make a Claim for an adjustment in the Contract Price in accor- dance with paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES w 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the ENGINEER and the other party to the Contract in accordance with the provisions of para- graph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved. is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraph 11.03 ); or 2. where the Work involved is not cov- ered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 12.01.C.2); or 3. where the Work involved is not cov- ered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 12.01.8.2, on the basis of the Cost of the Work (determined as provided in paragraph 11.01) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 12.01.C). C. CONTRACTOR's Fee: The CONTRACTOR's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: Page 34 of 44 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc a. for costs incurred under para- graphs 11.01.A.1 and 11.01.A.2, the CONTRACTOR's fee shall be 15 percent; b. for costs incurred under paragraph 11.01.A.3, the CONTRACTOR's fee shall be five percent; c. where one or more tiers of subcon- tracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcon- tractor; d. no fee shall be payable on the basis of costs itemized under paragraphs 11.01.A.4, 11.01.A.5, and 11.01.13; e. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 00700 - General Conditions (EJCDC) .0 rn 12.02 Change of Contract Times A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of this Article 12. 12.03 Delays Beyond CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 12.02.A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. 12.04 Delays Within CONTRACTOR's Control A. The Contract Times (or Milestones) will not be extended due to delays within the control of CONTRACTOR. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRAC- TOR. 12.05 Delays Beyond OWNER's and CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. 12.06 Delay Damages A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from: 1. delays caused by or within the control of CONTRACTOR; or 2. delays beyond the control of both OWNER and CONTRACTOR including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God, or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. B. Nothing in this paragraph 12.06 bars a change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, interference, or disruption directly attributable to actions or inactions of OWNER or anyone for whom OWNER is responsible. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. OWNER, ENGINEER, ENGINEER's Con- sultants, other representatives and personnel of OWNER, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. Page 35 of 44 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc 00700 - General Conditions (EJCDC) B. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by paragraphs 13.03.0 and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.04.13 shall be paid as provided in said paragraph 13.04.13; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspec- tion or approval. D. CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to OWNER and ENGINEER. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by CON- TRACTOR without written concurrence of ENGI- NEER, it must, if requested by ENGINEER, be uncov- ered for observation. F. Uncovering Work as provided in paragraph 13.03.E shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable prompt- ness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGI- NEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. B. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGI- NEER or inspected or tested by others, CONTRAC- TOR, at ENGINEER's request, shall uncover, expose, or otherwise make available for observation, inspec- tion, or testing as ENGINEER may require, that portion of the Work in question, furnishing all neces- sary labor, material, and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observa- tion, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 13.05 OWNER May Stop the Work A. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CON- TRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 00700 - General Conditions (EJCDC) Page 36 of 44 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc 13.06 Correction or Removal of Defective Work A. CONTRACTOR shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by ENGI- NEER, remove it from the Project and replace it with Work that is not defective. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.07 Correction Period A. If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for CONTRACTOR's use by OWNER or permitted by Laws and Regulations as contemplated in paragraph 6.11.A is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) repair such defective land or areas, or (ii) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and (iii) satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting there- from. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or repaired or may have the rejected Work removed and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. B. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. D. CONTRACTOR's obligations under this paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER Is recommendation of final pay- ment, ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by CONTRACTOR pursuant to this sentence. If any such acceptance occurs prior to ENGINEER's recom- mendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. 13.09 OWNER May Correct Defective Work A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.06.A, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. 00700 - General Conditions (EJCDC) Page 37 of 44 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc B. In exercising the rights and remedies under 14.02 Progress Payments this paragraph, OWNER shall proceed expeditiously. In connection with such corrective and remedial A. Applications for Payments action, OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the 1. At least 20 days before the date Work and suspend CONTRACTOR's services related established for each progress payment (but not thereto, take possession of CONTRACTOR's tools, more often than once a month), appliances, construction equipment and machinery at CONTRACTOR shall submit to ENGINEER for the Site, and incorporate in the Work all materials and review an Application for Payment filled out and equipment stored at the Site or for which OWNER has signed by CONTRACTOR covering the Work paid CONTRACTOR but which are stored elsewhere. completed as of the date of the Application and 'CONTRACTOR shall allow OWNER, OWNER's accompanied by such supporting representatives, agents and employees, OWNER's documentation as is required by the Contract other contractors, and ENGINEER and ENGINEER's Documents. If payment is requested on the Consultants access to the Site to enable OWNER to basis of materials and equipment not exercise the rights and remedies under this incorporated in the Work but delivered and paragraph. suitably stored at the Site or at another location agreed to in writing, the Application for Payment C. All Claims, costs, losses, and damages shall also be accompanied by a bill of sale, (including but not limited to all fees and charges of invoice, or other documentation warranting that engineers, architects, attorneys, and other OWNER has received the materials and equip - professionals and all court or arbitration or other ment free and clear of all Liens and evidence dispute resolution costs) incurred or sustained by that the materials and equipment are covered OWNER in exercising the rights and remedies under by appropriate property insurance or other this paragraph 13.09 will be charged against CON- arrangements to protect OWNER's interest ,. TRACTOR, and a Change Order will be issued therein, all of which must be satisfactory to incorporating the necessary revisions in the Contract OWNER. Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the 2. Beginning with the second Contract Price. If the parties are unable to agree as to Application for Payment, each Application shall the amount of the adjustment, OWNER may make a include an affidavit of CONTRACTOR stating Claim therefor as provided in paragraph 10.05. Such that all previous progress payments received w claims, costs, losses and damages will include but not on account of the Work have been applied on be limited to all costs of repair, or replacement of work account to discharge CONTRACTOR's of others destroyed or damaged by correction, legitimate obligations associated with prior removal, or replacement of CONTRACTOR's Applications for Payment. defective Work. 3. The amount of retainage with respect D. CONTRACTOR shall not be allowed an to progress payments will be as stipulated in extension of the Contract Times (or Milestones) the Agreement. because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's B. Re view of Applications rights and remedies under this paragraph 13.09. 1. ENGINEER will, within 10 days after receipt of each Application for Payment, either ARTICLE 14 - PAYMENTS TO CONTRACTOR AND indicate in writing a recommendation of COMPLETION payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing 14.01 Schedule of Values ENGINEER's reasons for refusing to recommend payment. In the latter case, LON- A. The schedule of values established as provid- TRACTOR may make the necessary ed in paragraph 2.07.A will serve as the basis for corrections and resubmit the Application. progress payments and will be incorporated into a form of Application for Payment acceptable to ENGI- 2. ENGINEER's recommendation of NEER. Progress payments on account of Unit Price any payment requested in an Application for Work will be based on the number of units completed. Payment will constitute a representation by ENGINEER to OWNER, based on 00700 - General Conditions (EJCDC) Page 38 of 44 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc ENGINEER's observations on the Site of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: a. the Work has progressed to the point indicated; .� b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of ,. quantities and classifications for Unit Price Work under paragraph 9.08, and to any other qualifications stated in the recommendation); and c. The conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. 3. By recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) inspec- tions made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsi- bilities specifically assigned to ENGINEER in the Contract Documents; or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 4. Neither ENGINEER's review of CONTRACTOR's Work for the purposes of recommending payments nor ENGINEER's recommendation of any payment, including final payment, will impose responsibility on ENGINEER to supervise, direct, or control the Work or for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for CONTRACTOR's failure to comply with Laws and Regulations applicable to CONTRACTOR's performance of the Work. Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any of the Work, materials, or equipment has passed to OWNER free and clear of any Liens. 5. ENGINEER may refuse to recom- mend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.02.B.2. ENGINEER may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Written Amendment or Change Orders; c. OWNER has been required to correct defective Work or complete Work in accor- dance with paragraph 13.09; or d. ENGINEER has actual knowledge of the occurrence of any of the events enumer- ated in paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of paragraph 14.02.D) become due, and when due will be paid by OWNER to CONTRACTOR. D. Reduction in Payment 1. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: Page 39 of 44 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc r� a. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific 00700 - General Conditions (EJCDC) Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens; c. there are other items entitling OWN- ER WN-ER to a set-off against the amount recommended; or d. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.02.B.5.a through 14.02.B.5.c or paragraph 15.02.A. 2. If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR any amount remaining after deduction of the amount so withheld. OWNER shall promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER Is satisfaction the reasons for such action. 3. If it is subsequently determined that OWNER's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by paragraph 14.02.C.1. 14.03 CONTRACTOR's Warranty of Title A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons ' therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial M Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRAC- TOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Comple- tion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CON- TRACTOR reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Use by OWNER at OWNER's option of any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following conditions. 1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER Page 40 of 44 F:\Public Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc 00700 - General Conditions (EJCDC) believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will ., certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the ,. Work ready for its intended use and substan- tially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraph 14.04 will apply with respect to .. certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 2. No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guaran- tees, Bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in paragraph 6.12), and other documents, CONTRACTOR may make application for final payment follow- ing the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.04.B.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in paragraph 14.07.A.2 and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satis- fied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CON- TRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. B. Review of Application and Acceptance 1. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application for Payment to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09. Otherwise, ENGINEER will return the Application for Payment to 00700 - General Conditions (EJCDC) Page 41 of 44 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700- General Conditions (EJCDC).doc w CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to OWNER of the Application for Payment and accompanying documentation, the amount recommended by ENGINEER will become due and, when due, will be paid by OWNER to CONTRACTOR. 14.08 Final Completion Delayed A. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminat- ing the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by OWNER against CONTRACTOR, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by CONTRAC- TOR against OWNER other than those previously made in writing which are still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 OWNER May Suspend Work A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CON- TRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes a Claim therefor as provided in paragraph 10.05. 15.02 OWNER May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. CONTRACTOR's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.07 as adjusted from time to time pursuant to paragraph 6.04); 2. CONTRACTOR's disregard of Laws or Regulations of any public body having jurisdiction; 3. CONTRACTOR's disregard of the authority of ENGINEER; or 4. CONTRACTOR's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in paragraph 15.02.A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR 00700 - General Conditions (EJCDC) Page 42 of 44 F:\Public Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc M shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by OWNER arising out of or relating to completing the Work, such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and, when so approved by ENGINEER, incorporated in a Change Order. When exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. C. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CON- TRACTOR from liability. 15.03 OWNER May Terminate For Convenience A. Upon seven days written notice to CON- TRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): 1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. for all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) in- curred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. for reasonable expenses directly attributable to termination. B. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other eco- nomic loss arising out of or resulting from such termination. 15.04 CONTRACTOR May Stop Work or Terminate A. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, or OWNER fails for 30 days to pay CON- TRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Contract and recover from OWNER payment on the same terms as provided in paragraph 15.03. In lieu of terminating the Contract and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within 30 days after it is submitted, or OWNER has failed for 30 days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Work until payment is made of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.04 are not intended to preclude CONTRACTOR from making a Claim under paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping the Work as permitted by this paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no method and procedure has been set forth, and subject to the provisions of paragraphs 9.09 and 10.05, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. 00700 - General Conditions (EJCDC) Page 43 of 44 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc 00700 - General Conditions (EJCDC) ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies avail- able hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or comple- tion of the Agreement. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 00700 - General Conditions (EJCDC) Page 44 of 44 F:\Public Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc L, IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. I L, This Agreement will be effective on '7 20 06 (the date the Contract is approved by the Indian River County Board of -)County Commissioners, which is the Effective Date of the Agreement). Lj OWNER: CONTRACTOR: APPROVED AS TO FORM AND LEGAL BA 44-- 4 � „ /� BA ��.. �,'ul JJ r r William G. Collins, II, County Attorney Jeffrey K. Barton, Clerk of Court Atte( st; zoe z. � p Deputy . %t— (SEAL) Designated Representative: `- Name: Janet B. Dunlap, P.E. ^••r','. ✓, Title: Project Engineer '. *r. •• " - ••'•••1 ' 1840 25th Street no + {jta )',;• Vero Beach, Florida 32960 (561) 567-8000, ext. 1510 Facsimile: (772) 978-1806 i Intl on iL�,r r' /� t a 1F5 Wl h{ZI Al C 0jysTP U.(,Tl'DA1,//t/C. BY (Contractor) (CORPORATE SEAL) Attest Address for giving notices: 3130 SE 511IEg S7 Sn,ML-r - License No. CG C, Da3905S (Where applicable) Agent for service of process:opfto Designated Representative: Name: 11 0E E t7 Title: U. r 1'— Address: D Ck — �j`✓.99cj- rlG 3 5� Phone: 9&TZ- 79 6 � S66 l3 Facsimile: 97 Z - ZBIo - //3 y (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) ) OF SECTION * * 00520 - Agreement (Public Works).doc 00520-8 F TubIIC Works\Capital Projectsl0slo Road Lateral J0ID D00UMENTS00520 - AgreenienI (Public Works)doc Rev. 05101 y. Administration a5 p Budget�� ) Co. Attorney Risk Management {-2 Department Division 2 20^ t - t a 1F5 Wl h{ZI Al C 0jysTP U.(,Tl'DA1,//t/C. BY (Contractor) (CORPORATE SEAL) Attest Address for giving notices: 3130 SE 511IEg S7 Sn,ML-r - License No. CG C, Da3905S (Where applicable) Agent for service of process:opfto Designated Representative: Name: 11 0E E t7 Title: U. r 1'— Address: D Ck — �j`✓.99cj- rlG 3 5� Phone: 9&TZ- 79 6 � S66 l3 Facsimile: 97 Z - ZBIo - //3 y (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) ) OF SECTION * * 00520 - Agreement (Public Works).doc 00520-8 F TubIIC Works\Capital Projectsl0slo Road Lateral J0ID D00UMENTS00520 - AgreenienI (Public Works)doc Rev. 05101