The URL can be used to link to this page

Home My WebLink About2008-225APPROVED AND lLEGAI CONTRACT DOCUMENTS AND r b' POWERLINE ROAD Alto SPECIFICATIONS FOR BID NO. 2008029 PROJECT NO. 0217 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA SANDRA L. BOWDEN, CHAIRMAN WESLEY S. DAVIS, VICE CHAIRMAN COMMISSIONER GARY C. WHEELER ®MMISSIONER JOSEPH E. FLESCHER COMMISSIONER PETER D. O'BRYAN DEPUTY COUNTY ATTORNEY JOSEPH A. BAIRD, COUNTY ADMINISTRATOR JEFFREY K. BARTON, CLERK OF COURT WILLIAM G. COLLINS, II, COUNTY ATTORNEY JAMES W. DAVIS, P.E., PUBLIC WORKS DIRECTOR CHRISTOPHER J. KAFER, JR., P.E., COUNTY ENGINEER MICHAEL D. NIXON, P.E., ROADWAY PRODCUTION MANAGER ARJUNA D. WERAGODA, P.E., PROJECT ENGINEER 00001 - 1 FAEngineering\Capital Projects\0217-Powedine Road\Bid Documents\00001 - Project Tide Page.doc 715�� 400 8 00001 - Project Title Page TABLE OF CONTENTS Section No. Title VOLUME 1 DIVISION 0 - BIDDING DOCUMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 00001 Cover Sheet 00010 Table of Contents BIDDING DOCUMENTS 00100 Advertisement for Bids 00200 Instructions to Bidders 00300-1 Bid Package Contents 00310 Bid Form & Itemized Bid Schedule 00430 Bid Bond 00450 Sworn Statement under Section 287.133, Florida Statutes on Public Entity Crimes 00452 Sworn Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships 00454 Sworn Statement under the Florida Trench Safety Act 00456 Qualifications Questionnaire 00458 List of Subcontractors CONTRACT FORMS 00510 Notice of Award 00520 Agreement 00550 Notice to Proceed 00610 Performance Bond 00612 Payment Bond 00620 Sample Certificate of Liability Insurance 00622 Contractor's Application for Payment 00630 Certificate of Substantial Completion 00632 Contractor's Final Certification of the Work 00634 Professional Surveyor and Mapper's Certification as to the Elevations and Locations of the Work CONDITIONS OF THE CONTRACT 00700 EJCDC Standard General Conditions of the Construction Contract 00800 Supplementary Conditions to the General Conditions 00942 Change Order Form 00010-1 FAEngineedng\Capital Projects\0217-Powerline Road\Bid Documents\00010 -Table of Contents.doc DIVISION 1 =GENERAL REQUIREMENTS DIVISION 2 - TECHNICAL PROVISIONS VOLUME II APPENDIX A - PERMITS APPENDIX B - CHAPTER 4, BEST MANAGEMENT PRACTICES APPENDIX C - AS -BUILT RECORD SURVEY CHECKLIST APPENDIX D - ROADWAY SOIL SURVEY + + END OF TABLE OF CONTENTS + + 00010-2 F:\Engineering\Capital Projects\0217-Powerline Road\Bid Documents\00010 - Table of Contents.doc SECTION 00100 = Advertisement for Bids BOARD OF COUNTY COMMISSIONERS 1801274' Street, Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: (772) 770-5140 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY Sealed bids will be received by Indian River County until 2:00 PM on Wednesday, March 19, 2008. 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 Powerline Road, Project No. 0217 and Bid No.2008029. Bids should be addressed to Purchasing Division, 1800 27th Street, Bldg. "B", 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. 0217 INDIAN RIVER COUNTY BID NO. 2008029 PROJECT DESCRIPTION: The project consists of the of paving an existing two-lane marl - road with a southbound left tum at C. R. 510 maintained by Indian River County, Florida. 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 the Public Works Department/Engineering Division, 1801 27th Street, Bldg. "A", 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 $100.00 for each set, which represents cost of printing and handling, 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 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. The County reserves the right to delay awarding of the Contract for a period of sixty 60 days 00100 - Advertisement 00100-1 FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\00100-Advertisementdoc 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. INDIAN RIVER COUNTY By: Jerry Davis Purchasing Manager For Publication in the Vero Beach Press Journal Date: February 14, 2008 For: Vero Beach Press Journal Please furnish tear sheet and Affidavit of Publication to: INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27th Street Building "B" Vero Beach, FL 32960 * * END OF SECTION * * 00100 - Advertisement 00100-2 FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\00100-Advertisement.doc SECTION 00200 - Instructions to Bidders TABLE OF CONTENTS Article No. - Title ARTICLE1 - DEFINED TERMS.............................................................................................1 ARTICLE 2 - COPIES OF BIDDING DOCUMENTS'.. ... "I'll ........... ... 11.1.1 ... ......... 0 .... 1 ARTICLE 3 - QUALIFICATIONS OF BIDDERS......................................................................1 ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, ANDSITE...................................................................................................................2 ARTICLE 5 - PRE-BID CONFERENCE... ...... 0.1 ... 11110 .... 0 ...... boo ........... 0 ................ ...... 4 ARTICLE 6 - SITE AND OTHER AREAS. ....... "I'll, .................... 00.000 ................... @*, ..... 0.0t,44 ..... 4 ARTICLE 7 - INTERPRETATIONS AND ADDENDA..............................................................4 ARTICLE8 - BID SECURITY..... ... ........ I ... I ............... ....... 0 ............................ 5 ARTICLE9 - CONTRACT TIMES'.......... ..................... 1.11.11, .................... 4,.op ......... 0 ................ 5 ARTICLE 10 - LIQUIDATED DAMAGES................................................................................ 5 ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS..... .......... ....... 0&0.1111 ....... "I ...... 5 ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS.......................................6 ARTICLE 13 - PREPARATION OF BID.................................................................................. 6 ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS................................0.....0....00............. 7 ARTICLE 15 - SUBMITTAL OF BID,,.,,, ....... 1110111 .... ..... q ................................................ 8 ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID ................................................ 8 ARTICLE17 - OPENING OF BIDS......................................................................................... 8 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE.. ... .... &.. 8. *.. go. & ............. 9 ARTICLE19 - AWARD OF CONTRACT...................................................................11.1......1.. 9 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE......,..,. ...... ... I ..... 0.0.............. 9 ARTICLE 21 - SIGNING OF AGREEMENT............................................................................10 ARTICLE 22 - SALES AND USE TAXES.,.. ............ 11 ........ 1.11.44 .... ......... 1.11".m ......... I .... 1.110 ARTICLE23 — RETAINAGE...................................................................................................10 ARTICLE 24 - CONTRACTS TO BE ASSIGNED...................................................................10 ARTICLE25 - PARTNERING. I I . . . . . . . . I . . . 0 . & 0 6 a 0 0 4 . . . . . . . . . . . . . . . . . . . . . I I I I . I I . . . . . . a . . 0 . 0 . . . . . . 0 . I . . . . . . I . I I . . I . . I . . 10 00200 - Instructions to Bidders 00200-i FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\00200 - Instructions to Bidders.doc SECTION 00200 - Instructions to Bidders TABLE OF ARTICLES (Alphabetical by Subject) Subject Article Awardof Contract.. I ...... I .... I ....... 0 ................ ......................................................... 19 Basis of Bid; Evaluation of Bids................................................................................................14 BidSecurity................................................................................................................................8 Bids to Remain Subject to Acceptance.....................................................................................18 Contract Security and Insurance.. ... I ... I .............. go, ........................................... * 0 0 6 . 4 ................... 20 ContractTimes...........................................................................................................................9 Contractsto be Assigned'..... ... I .... ......................... 0 ...................................... 68S..0 ........ 24 Copies of Bidding Documents',,..., ...... ............... ........................... @0* ........... 2 DefinedTerms............................................................................................................................1 Examination of Bidding Documents, Other Related Data, and Site.............................................4 Interpretations and Addenda.......................................................................................................7 LiquidatedDamages.................................................................................................................10 Modification and Withdrawal of Bid...........................................................................................16 Openingof Bids........................................................................................................................17 Partnering. . . . b . . . . . . . . I . a N a * * . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 0 0 0 0 0 ....................................... ............ 25 Pre -Bid Conference....................................................................................................................5 Preparationof Bid. I. I. ....... 1111O.O.W04 .......... 11.1111, .......................................... .......................... 13 Qualificationsof Bidders.., ............. ........... 11 ...................................................................... 3 Retainage... ........... 1.110, .......... 1.. 1. 1 ... 1.0.0 ............ ................................................................ 23 Salesand Use Taxes................................................................................................................22 Signingof Agreement.."., ............ 0 .... 6. * .............. I ........ * .................................... *.,*@ .................... 21 Siteand Other Areas..................................................................................................................6 Subcontractors, Suppliers and Others......................................................................................12 Submittalof Bid........................................................................................................................15 Substitute or "Or -Equal' Items....., ...... I I ................ 06..00.0 ......................... 0 ............ .............. 11 00200 - Instructions to Bidders 00200 - ii FAEngineering\Capital Projects\0217-Powerline Road\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 00200-1 FAEnginesring\Capital Projects\0217-Powerline Road\Bid Documents\00200 - Instructions to Bidders.doc Rev. 05/01 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. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to 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 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. 00200 - Instructions to Bidders 00200-2 RTngineering\Capital Projects\0217-Powerline Road\Bid Documents\00200 - Instructions to Bidders.doc Rev. 05/01 4.05 Upon a request directed to the ENGINEER (Arjuna Weragoda, P.E., 772-226-1931)1 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 AFTER CONTACTING THE ENGINEER (Arjuna Weragoda, P.E., (772) 226-1931 TO MAKE ARRANGEMENTS IN ADVANCE, 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 00200-3 FAEngineering\Capital Projects\0217-Powerline Road\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 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 00200-4 FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\00200 - Instructions to Bidders.doc Rev. 05/01 MIT 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 00200-4 FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\00200 - Instructions to Bidders.doc Rev. 05/01 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 ENGINEER, application for such acceptance will not be considered by ENGINEER until after the 00200 - Instructions to Bidders 00200-5 FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\00200 - Instructions to Bidders.doc Rev. 05/01 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 00200-6 FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\00200 - Instructions to Bidders.doc Rev. 05101 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 00200-7 FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\00200 - Instructions to Bidders.doc Rev. 05101 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. Statement of Public Entity Crimes 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. F. 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." A mailed Bid shall be addressed to Indian River County, Purchasing Division, 1800 27"' Street, 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. 16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. 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. 00200 - Instructions to Bidders 00200-8 FAEngineering\Capital ProjectsW217-Powerline RoadlBid Documents100200 - Instructions to Bidders.doc Rev. 05/01 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 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. 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 Is 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. 00200 - Instructions to Bidders 00200-9 FAEngineering\Capital Projects10217-Powerline RoadlBid Documents\00200 - Instructions to Bidders.doc Rev. 05/01 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. ARTICLE 22 - SALES AND USE TAXES 22.01 OWNER is exempt from Florida state sales and use taxes on to be incorporated in the Work. Exemption No. 85-801262203413-3. included in the Bid. Refer to paragraph 6.10 of the Supplementary information. ARTICLE 23 — RETAINAGE 23.01 This Section intentionally left blank. materials and equipment Said taxes shall not be Conditions for additional ARTICLE 24 - CONTRACTS TO BE ASSIGNED 24.01 This Section intentionally left blank. ARTICLE 25 - PARTNERING 25.01 This Section intentionally left blank. * * END OF SECTION * * 00200 - Instructions to Bidders 00200-10 FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\00200 - Instructions to Bidders.doc Rev. 05101 SECTION 00300 = Bid Package Contents THIS PACKAGE CONTAINS: SECTION TITLE Bid Form Bid Bond Public Entity Crimes Affidavit 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 003001 FAEngineeringlCapital Projects10217-Powerline Road\Bid Documents100300 - Bid Package Contents.doc 1 SECTION 00310 - Bid Form PROJECT IDENTIFICATION: Project Name: - Powerline Road from C.R. 510 North to the Sebastian CitV Limits County Project Number: Project Address: 0217 Sebastian City Limits Project Description: The project consists of paving an existing two- lane marl -road with a southbound left turn at C R 510 which includes drainage improvements maintained by Indian River County, Florida. THIS BID IS SUBMITTED TO: INDIAN RIVER COUNTY PURCHASING 1800 27th Street, Bldg. "B" 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 Fib z�. 100 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 00310-9 C \Fn..in�rinn\f :anifal Drr"Fft% 717 Pn rlln RnsrPRirf ilnn"nwnfa%renin. Rirf Fnm+df . . � e 1 SECTION 00310 - Bid Form PROJECT IDENTIFICATION: Project Name: - Powerline Road from C.R. 510 North to the Sebastian CitV Limits County Project Number: Project Address: 0217 Sebastian City Limits Project Description: The project consists of paving an existing two- lane marl -road with a southbound left turn at C R 510 which includes drainage improvements maintained by Indian River County, Florida. THIS BID IS SUBMITTED TO: INDIAN RIVER COUNTY PURCHASING 1800 27th Street, Bldg. "B" 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 Fib z�. 100 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 00310-9 C \Fn..in�rinn\f :anifal Drr"Fft% 717 Pn rlln RnsrPRirf ilnn"nwnfa%renin. Rirf Fnm+df . . BOARD OF COUNTY COMMISSIONERS Public Works Department Engineering Division 1801 271H Street, Vero Beach, Florida 32960 Telephone: (772) 567=8000 FAX (772) 978=9391 ADDENDUM NO. 1 TO THE CONTRACT DOCUMENTS AND SPECIFICATIONS FOR POWERLINE ROAD INDIAN RIVER COUNTY. PROJECT NO. 0217 INDIAN RIVER COUNTY BID NO. 2008029 February 27, 2008 TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED: This ADDENDUM sets forth change and/or information as referenced and is hereby made a part of and should be attached to the subject Contract Documents. Note: All Addenda shall be acknowledged on page 00310=1 of the Bid Form. CONTRACT DOCUMENTS AND SPECIFICATIONS Bid Form, Itemized Bid Schedule, Section 00310 Include a line item for PLUGGING 6" WATER WELL- ARTESIAN: Construction Plans: Revise sheet 6 to include General Note No. 36 Revise sheet 7 to include the following line item in the quantity tabulation: 110-54 PLUGGING 6" WATER WELL -ARTESIAN 1 ADDENDUM NO. 1 Page 1 of 1 FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\Addendum No. I Am EA C f. BOARD OF COUNTY COMMISSIONERS Public Works Department Engineering Division 1801 271H Street, Vero Beach, Florida 32960 Telephone: (772) 567=8000 FAX (772) 978=9391 ADDENDUM NO. 1 TO THE CONTRACT DOCUMENTS AND SPECIFICATIONS FOR POWERLINE ROAD INDIAN RIVER COUNTY. PROJECT NO. 0217 INDIAN RIVER COUNTY BID NO. 2008029 February 27, 2008 TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED: This ADDENDUM sets forth change and/or information as referenced and is hereby made a part of and should be attached to the subject Contract Documents. Note: All Addenda shall be acknowledged on page 00310=1 of the Bid Form. CONTRACT DOCUMENTS AND SPECIFICATIONS Bid Form, Itemized Bid Schedule, Section 00310 Include a line item for PLUGGING 6" WATER WELL- ARTESIAN: Construction Plans: Revise sheet 6 to include General Note No. 36 Revise sheet 7 to include the following line item in the quantity tabulation: 110-54 PLUGGING 6" WATER WELL -ARTESIAN 1 ADDENDUM NO. 1 Page 1 of 1 FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\Addendum No. I Am EA 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. 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 Documents, 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] 00310-10 FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\00310 - Bid Form.doc I 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 tsum. Discrepancies between words and figures will be resolved in favor of the words. B. 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 11.03.13 of the General Conditions. 6.01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 14.07.13 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, 7a01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of 5 a% t d►nel; B. A tabulation of Subcontractors, Suppliers [and other] individuals and entities required to be identified in this Bid, C. Statement of Public Entity Crimes; D. Swom Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships; E. Sworn Statement Under the Florida Trench Safety Act; R 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 the Instructions to Bidders, the General Conditions, and the Supplementary Conditions, 00310-11 FAEngineeringZapltal ProjectsW217-Powerlirm Ro&Mid Dccumenta100310 - Bid Form.doc I SUBMITTED on %1.a�cNh 19 , 20 0 8 State Contractor License No. CG C 15 0 S 50 If Bidder is: An Individual- Name ndividualName (typed or printed): By: (Individual's signature) Doing business as: Business address: (SEAL) Phone No.: FAX No.: A Partnership Partnership Name: (SEAL) By: (Signature of general partner — attach evidence of authority to sign) Name (typed or printed): Business address: Phone No.: FAX No.: A Corporation _ Corporation Name:.1 • �).� . Cin Q,c�� cpm_ _ i_. L.C� (SEAL) State of Incorporation: ara Type (General Business, Professional, Service, Limited Liability): LjL,A.L.c %n %1*A Y (-Or^PC .AY n list .2 By: I },& 1 . 1.1.1r (Signature — attach evidence of to sign) `-Vi�P 4c;� . Date of Qualification to do business is )RATE SEAL) 0 00310-12 F-%FrwAMarinMr-*ni*x1 Prnir-WnIMOrowA MB DnsAlDie1 O:A C... An )RATE SEAL) 0 Certificate (Limited Liability Company) The undersigned hereby certifies that the following are true and correct statements: 1. That he/she is the assistant Secretary of J.W. Cheatham, LLC, a Limited Liability Company organized and existing in good standing under the laws of the State of Florida hereinafter referred to as the "LLC" and that the following Resolutions are true and correct copies of certain Resolutions adopted by the Board of Directors of the LLC as the 19a' day of March, 2008, in accordance with the laws of the State of the state of incorporation of the LLC, the Articles of Incorporation and the By-laws of the LLC. RESOLVED, that the LLC shall enter into that certain Agreement between Indian River County, a political subdivision of the State of Florida and the LLC, a copy of which is attached hereto, and be it. FURTHER RESOLVED, that Thomas P. Uhrig. the Vice President of the LLC, is hereby authorized and instructed to execute such Agreement and such other instruments as may be necessary and appropriate for the LLC to fulfill its obligations under the Agreement. 2. That the foregoing resolutions have not been modified, amended, rescinded, revoked or otherwise changed and remain in full force and effect as of the date hereof. 3. That the LLC is in good standing under the laws of the State of Florida or its state of Incorporation and has qualified, if legally required, to do business in the State of Florida and has the full power and authority to enter into such Agreement. IN WITNESS WHEREOF, the undersigned has set his hand and affixed the Corporate Seal of the LLC the 19th. day of March, 2008. (Signature) (Corporate Seal) Sherry Y Brown. Assistant Secretary__ (Print Signatory's name & title) SW RN TO AND SUBSCRIBED before me this day of 2008, by the assistant Secretary of the aforesaid LLC, w o is personally known to me OR who produced as identificaho an w o , IU ot- take an oath. MIKE DAMRON Notary Public - Stats of Florida • i My Conadssion Expires Mar 12,201 Commission #. DD 621902 _ 9W4W7WoujhNag" Notoybs Signature) Notary's Name) NOTARY PUBLIC State of Florida at Large My commission Expires: 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 * * 00310-13 FAEngineering\Capital Projects\0217-Powedine Road\Bid Documents\00310 - Bid Form.doc ITEMIZED BID SCHEDULE PROJECT NAME: 0217 POWERLINE ROAD (70TH AVE.) BIDDER'S NAME J . C \4% cLA\"\ yyl, L1 z 701-1M�QBILIZA�TION LS 1.0 102-1 MAINTENANCE OF TRAFFIC LS 1.0 (DOW nO Od . 00 104-1 EROSION & WATER POLLUTION CONTROL LS 1.0 r z SO G . QO 108-1 AS -BUILT DRAWINGS LS 1 1.0 LA loo, 0 OO 00 108.2 IN.P.D.E.S PERMITTING LS 1.0 Jr00 . 110-1-1 CLEARING & GRUBBING AC 5.9 110-5-1 PLUGGING 6" WATER WELL- ARTESIAN EA 1.0 CJ S VO 0 • 00 s 110-7-1 MAIL BOX Furnish & Install SINGLE EA 5.0 CSO •00 120-1 EXCAVATION REGULAR CY 6,178.0 b ll jq16 40 120-4 EXCAVATION SUBSOIL CY 867.0 i..$ O ILA 0101 �O 120-6-1 EMBANKMENT CY 1880.0 2.�0 S2�y o 160-4-1 TYPE B STABILIZATION -12" SUBGRADE SY 1218 5.0 285-706 OPTIONAL BASE GROUP GROUP 6 SY 11 501.0 . Li S 4S 334-1-113 SUPERPAVE ASPHALTIC CONCRETE(TRAFFIC C SP -12.5 -1'"2- SY 10 569.0 (D • S o kpo (O,ct "Sol 334-1-213 SUPERPAVE ASPHALTIC CONCRETE (TRAFFIC C SP -9.5 -1" SY 10t569.0 .50Lo s o ,SO O 400-2-2 CONCRETE CLASS 11 ENDWALLS CY 1 23.0 415-1-1 REINFORCING STEEL (EN LLS) LB 1,390.0 I L s 29 °O I 00 425-1-551 DITCH BOTTOM INLET PE "E" <10' EA 4.0 G` Li 81 ) too 430-172-103 CONCRETE PIPE CULVERT CLASS III - 4211LF 104.0 t 59 •O0 1(O 53ta Oo 430-172-104 CONCRETE PIPE CULVERT CLASS 111- 60" LF 96.0 l o' ca ►00 1 U 1(. ITEMIZED BID SCHEDULE PROJECT NAME: 0217 POWERLINE ROAD (70TH AVE.) BIDDER'S NAME 'T. l a r )r%.4 46.Arly -m � l` c L 9 L►I ITEMIZED BID SCHEDULE PROJECT NAME: 0217 POWERLINE ROAD (70TH AVE.) BIDDER'S NAME S UJ ----C lz.e0.�lnctirn 16" DIP WATER MAIN FOR OFFSET UNDER 60" RCP CULVERT LF WATER MAIN FOR CUT :•m■ W 6" OF lne 1 LS = Lump Sum LF = Linear Foot EA = Each SY = PROJECT NAME: POWERLINE ROAD (70TH AVENUE) BIDDER'S NAME: TOTAL: TOTAL AMOUNT OF BID (IN WORDS) l._ awm.0 poll r • �• Yard TN = Ton C301 I LA LA 0 600 .� gS4o soo to 933. , so 20.0 0 I SSIA6.00 o 0 I r_ 2 r. /N 00 lfoq(c� LC��tG.00 32Ab °n 32a0.p° 3.01000 0 5200.00 SUB TOTAL E,oJk,lk- vA-vv%ckv%eck S%x-)ty IV1"v%-e Do 1\oY-5 a,,v. A rno r'! y o tee. Cir N -s FORCE ACCOUNT: $ X000-00 FORCE ACCOUNT (IN WORDS): THIRTY THOUSAND DOLLARS AND NO CENTS TOTAL ESTIMATE AMOUNT: TOTAL ESTIMATE AMOUNT (IN WORDS): X9.41 V Fcm+v Ore SECTION 00430 = Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we (BIDDER'S NAME) J.W. Cheatham LLC as Principal, and SAFECO Insurance Company of America (SURETY'S NAME) Washington a corporation duly organized under the Laws of the State of MMM as a Surety with its principal offices in the City of Seattle 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 Dollars ($ ), 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 March 19 , 2008 , for the construction of: Project Name: Powerline Road from C R 510 North to the Sebastian City Limits County Project Number: 0217 Project Address: Powedine Road from C R 510 North to the Sebastian City Limits Project Description: The toroiect consists of saving an existing two-lane marl -road with -a River County, Florida. 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 Principal gives the required bonds with good and sufficient sureties for the faithful performance and proper fulfillment of such Contract and for the protection of laborers and materialmen, then this obligation shall be null and void. Otherwise, the Principal and Surety, jointly and severally, shall on or before 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 shall Surety Is liability exceed the penal sum hereof plus such expenses and attorney's fees. IN WITNESS WHEREOF, the above -bound parties have executed this instrument under their several seals this 13thday of March , 20 08 , 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. 00430 - Bid Bond 00430 - 1 F:1Enginoedn9%Cep1lal Praiect A0217-Powedine Road%Bid Documems=430 - aid Band.dcc Rev. 05101 WHEN THE PRINCIPAL IS AN INDIVIDUAL: Signed, sealed and delivered in the presence of: Witness Address Witness Address Signature of Individual Printed Name of Individual NAME: Signed, sealed and delivered in the presence of: Witness Name of Partnership BY: Address Partner Printed Name of Partner Witness (SEAL) Address WHEN THE PRINCIPAL IS A PARTNERSHIP: Signed, sealed and delivered in the presence of: Witness Name of Partnership BY: Address Partner Witness Printed Name of Partner (SEAL) 00430 - Bid Bond 00430-2 FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\00430 - Bid Bond.doc Rev. 05/01 r Address e of4LC� tiet�- J.W. Cheatham, LLC BY: die (Affix Corporate SEAL) Printed Name hom4S 1 ' u'hr� � d Official Title \\] Ace pres`aerA CERTIFICATE AS TO CORPORATE PRINCIPAL � I �� ,� � ��rtify tha lam the Secretary of there named as er�efat Pn cipal in a within bond; that , who sig ed the said bond on behalf of the Principal was then t'I T of said��: that I know his signature, and his signature thereto is genuine; and that said Bond was duly signed, sealed and attested f n n behalf of Said efflarat.'GR-by authority of Its governing body. Secretary (SEAL) TO BE EXECUTED BY CORPORATE SURETY: Attest: Witness Corporate Surety SAFECO Insurance Company Business Address DeWitt Ldewaters Parkway BY: of America RichardvW. Heinmiller, Attorney -In -Fact (Attach Power of Attorney) F,1Eng'amerin9kC8pita1 ProJeM1021T•Pow Mro RoadvDid Docoments100430 Attorney -In -Fact Name of Local Agency James P. Reagan Agency, Inc. Business Address 8 East Main Street, 00430 - 3 Bid Bond.doc Rev. 05101 Marcellus, NY 13108 00430 - Bid Bond ACKNOWLEDGMENT OF PRINCIPAL, IF A LIMITED LIABILITY COMPANY State of Florida County of PaAyn eG.t:n On this 13th day of March, 2008, before me personally came and appeared to me known, who being by me duly sworn, did depose and say that he resides in the City of Te�ue�a,c� FL ; that he is the V �c.e Qr AA %A of J.W. Cheatham, LLC, the limited flability company described in and which executed the foregoing instrument; that he knows the seal of said limited liability company; that one of the seals affixed to said instrument is such seal; that it was so affixed by order of the managing members of said limited liability company, and that he signed his name thereto by like order. Notary Public SURETY ACKNOWLEDGMENT State of New York County of Onondag MIKE OAMRON Notary Public - state of Florida • 3 My Commission Expires Mar 129 2011 Commission # OD 631902 its :+`° Boodsd Tka* National Notary Asan On this 13th day of March, 2008, before me personally appeared Richard W. Heinmiller to me known, who being by me duly sworn, did depose and say: that he resides in the City of Tully, NY; that he is the Attorngyjn-Fact of the above signed surety, the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that he signed his name thereto by like order. Notary Public JEAN C. MCCARTHY Notary Public, State of New York No, 01 MC6071225 Qualified jr, :,ncndaga County ZU�� My Commission 'w:=r�i"e= March 1i, KNOW ALL BY THESE PRESENTS: POWER OF ATTORNEY No. 13043 Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 98185 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint RICHARD W. HEINMILLER; FRANCIS A. LOWTHER; ROBERT B. PARRISH; J. MICHAEL REAGAN; Marcellus, New York***** Its true and lawful attorneys)-tn-fact, with full authority to execute an its behalf fidelityandsurety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective .company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents May 2007 this 31 st day of -- Extract from the and of GENERAL INSURANCE COws of SAFECO RMPANY O AMERICA*ANCE COMPANY OF "Article V, Section 13.. FIDELITY AND SURETY BONDS ... the President, an Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have auUwrity to appoint individuals es atiomeys-intact or under other appropriate titres with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or oWencing such appointment, the signaturestheseal orea facsimile ed by facsimile. thereof may be ImpressedInstrument or affixed or In any other manner reproducedhority or on any bond ; undertaking of the thatthcompany, provided, however, that the seal shall not be necessary to the va4dily of any such instrument or undertaking.* Extract fromRSAFECO INSURANCE off GENERAL NSURA CE COMPANY OFAMERICApted JuICOMPANY 28 N 70F AMERICA an "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (1) The provisions of Article V. Section 13 of the By -Laws, and ('i) A copy of the power-of-attorney appointment, executed pursuant thereto, and (Iii) Certiong that said power-of-atlomeY appointment is In full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley -Watson , Secretary of SAFECO INSURANCECOMPANYntsof OL A ERIaws and A a Resolution of the Board INSURANCE and of GENERAL Directors COMPANY OF AMERICA, do hereby certify that sued foregoing ure ant thereto, are true and correct, and that both the By -Laws, the Resolution of these corporations, and of a Power of Attorney and the Power of Attorney are still In KA force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation INS 13th day of March 12008 S-09741DS 4105 cow Qf.6�x 10"'M EAL Alza 4) x lei -r STEPHANIE DALEY-WATSON, SECRETARY Safeco® and U» Safeco logo are registered trademarks of Safeco corporation. WEB PDF i Extract from the and of GENERAL INSURANCE COws of SAFECO RMPANY O AMERICA*ANCE COMPANY OF "Article V, Section 13.. FIDELITY AND SURETY BONDS ... the President, an Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have auUwrity to appoint individuals es atiomeys-intact or under other appropriate titres with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or oWencing such appointment, the signaturestheseal orea facsimile ed by facsimile. thereof may be ImpressedInstrument or affixed or In any other manner reproducedhority or on any bond ; undertaking of the thatthcompany, provided, however, that the seal shall not be necessary to the va4dily of any such instrument or undertaking.* Extract fromRSAFECO INSURANCE off GENERAL NSURA CE COMPANY OFAMERICApted JuICOMPANY 28 N 70F AMERICA an "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (1) The provisions of Article V. Section 13 of the By -Laws, and ('i) A copy of the power-of-attorney appointment, executed pursuant thereto, and (Iii) Certiong that said power-of-atlomeY appointment is In full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley -Watson , Secretary of SAFECO INSURANCECOMPANYntsof OL A ERIaws and A a Resolution of the Board INSURANCE and of GENERAL Directors COMPANY OF AMERICA, do hereby certify that sued foregoing ure ant thereto, are true and correct, and that both the By -Laws, the Resolution of these corporations, and of a Power of Attorney and the Power of Attorney are still In KA force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation INS 13th day of March 12008 S-09741DS 4105 cow Qf.6�x 10"'M EAL Alza 4) x lei -r STEPHANIE DALEY-WATSON, SECRETARY Safeco® and U» Safeco logo are registered trademarks of Safeco corporation. WEB PDF Assets ,V... SAFECO INSURANCE COMPANY OF .a NMRICA FINANCIAL STATEMENT—DECE143BER 31, 2006 Cash and Bank Deposita........................................ $ 86,659,875 *Bonds —U.S I%vetnment ...........................................134,111,814 *Other Bonds... 1011, 61 *0 0*1* 04 %4*00*0 IV*, 1** 8# of 96 2,821326,707 *Stocks...................................................................1 523,881,548 RealEst. ate................................................................... 0 Agents' Balances or Uncollected Premiums .................626,773,902 Accrued Interest and Rents .............................. 40,1881467 Other Adnutted Assets.... 0040,11eq 1 289094036 Total Admitted Asseta.Y««WYYYNY.WY»YN..N S4 {22 O to Liabilities Unearned Pneminuns.............................................. S 706,885,899 Reserve for Claims and Claims Expense ..........10.41...41,363,240,516 Funds Held Under Reinsurance Treaties ............... 139,204 Reserve for Dividends to Policyholders ......................... 2,1169676 Additional Statutory Reserve ................................ _ Reserve for Cornnnissions, Taxes and Other Liabilities ........................................... 1094,254 631 Total .»«YN..WY«N«YW»..»«N«N.»»«»«W«» S3,366036$26 Special Surplus Funds...... S (504,833) Capital3tack..»........................... SA000000 Paid in Surplus"Add ............................260,561,321 Unassigned Surplus......»........... 890344953 SusrplustaFollgholdtrs.»»»Y».»«»N..,.» 14"5 01423 Total Liab!>i lts and Snrplua»»«»11«11...«1111.»«» S4 2�t 2 * Bonds are ststsd at anwrt ud or investment value; Stocks at Association Market Values. Securities carried at $124,431,437 are deposited as rcquired bylaw. I, TIM MIKOLAMISIq Senior Vicc-President of SAFFiCO Insurance Company of America, do hereby certify that the foregoing 15 .2 true, and confect statement of the Assets and Liabilities of said Corporation, as of December 31, 2006, to the best of my knowledge and belief. IN WITNESS WM EOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 1st day of March, 2007. Senior V int=President 94262a UT ADA, registered traoenink of SAF ECO Corporation STATE OF FLORIDA COUNTY OF INDIAN RIVER SEE ATTACHED ACKNOWLEDGEMENT Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly that he on 0h aas been says that he is the attomey-in-fact for the to execute the foregoing bond on behalf of the authorized by ounty of Indian River, Florida. Subscribed and CONTRACTOR named therein in favor of the C sworn to before me this day of Notary Public, State of Florida My Commission Expires: Any claims under this. bond shall be addressed to% Name and address of Surety: SAFECO Plaza Seattle, WA 98185 800-332=III Name and address of agent or representative in Florida if different from above: Telephone number of Surety and N/A agent or representative in Florida: (. .� + + END OF SECTION + + 00430 - Bid Bond 00430 - 4 FAEngk*erkVkCaPRal Pm1sou10217-powedine Ro"Bld Doeuments%00430 - Bid Borwtdoe Rev. 05109 SECTION 00450 = PUBLIC ENTITY CRIMES 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 it 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 F:\Engineering\Capital Projects\0217-Powerline Road\Bid Documents\00450 - Public Entity Crimes Statement.doc SECTION 00452 - Sworn Statement under Sect. 106.08 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. 0,117 for Powerline Road from C.R. 510 North to the Sebastian City Limits u 2 3 This sworn statement is submitted by: whose 1,...L.0 sworn statement TW (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement ). My name is (Please print name o i dividual signing) and my relationship to the entity named above is 1,CP P r -e tide YX I 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, father4n-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.] t' 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 FAEnginsering%Capital Projects\0217-Powedine Roadlaid Documards%OU52 - Disclosure of Relationshps.doc Name of Affiliate or Entity 1. 2, 3. 4. 7, 8. STATE OF Fld M Name of County Commissioner o Relationship fl�i I C (signature) (date) MQ COUNTY OFA ��'��-h Q Personally appeared before me, the undersigned authority, ��DYriQ.S � who after first being sworn by me, affixed his/her ture in the space provided above on thi 1.� day of Y'c�; ((J� -"r Notary Public - State of Florida N ota P i , a e at I ► •_tuycorrnW nr ocl20,2008 ,`.�" Commission # DD 357642 mission Expire %:7*0?cFi .A•' Bonded Hy NaMonolNotaryAssn * * END OF SECTION 00452 - Disclosure of Relationships 00452 - 2 FAEngineering\Capital ProjectsW217-Powerlin8 RoadlBid DommontsW0452. Disdosure of Relationships.doc 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 HE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO REPRESENTATIVE, IN T ADMINISTER OATHS. 1. This Sworn Statement is submitted with Project No. 0217 for Powerline Road from C.R. 510 North to the Sebastian City Limits 2. This Sworn Statement is submitted by J (Legal Name of En&, Submitting WmStatement) hereinafter "BIDDER". The BIDDER's �address is _ �rnnnA7 P, BIDDER's Federal Empl yer Identification Num er (FEIN) is 3. My name isM'I and my relationship to the BIDDER (Print N" of Individual �igning) 1 .. .. E 5. 6 IS ' (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-seq. 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 $.L 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: r,I r. '40N The determination of the appropriate method(s) of compliance is the complete ano suiu 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, 00 7) The BIDDER has allocated and included in its bid the total amount of $ based on the square feet of shoring to be used for compliance with shoring safety M 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 ...ar+.....or# e..krn47-0,.0 ^I RnwARiA nneuments%00454 - Florida Trench WOW Aot.doc a The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such o methos any othepurpose, l not b ed by Thehe OWNER or OWNER and ENGINEER for accuracy, completeness 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 tER han based on such information and the BIDDER's own information, e sufficient knowledge of the Project's rfawith the applicable Ti•ence and subsurface site icihnSafety and characteristics' to assure BIDDER'scompliance Standards in designing the trench safety system(s) for the Project. BIDDER: By: I C Position or Title: �� L �('P�SI['� ean, .7 Date: STATE OF LC3'c�t tom, 10 COUNTY OF 41na Personally appeared before me, the undersigned authority,_ ed his/her signature ispace provided above on tl} s who after first being sworn by me, affix 20 9 I of � Oi - `'" -8�;•; Notary Public - State of Florida jorY bli , State t oa2o,2ooe .,,��f,t�L� Commission # DD 357642 o ission Exp e�.,,,,,,,,, Bo�gyNatlonaiNotaryAssn. * * END OF SECTION * * 00454 - 2 Prnimetst0217-Powerline Roadtaid Doeumants=454 - Florida Trench Safety Act dOo 00454 - Florida Trench Safety Act NOTICE: THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NOW 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 may be considered sufficient justification to disqualify a Bidder. Attach additional sheets as required. Documentation Submitted with Project No: 0217 ' Project Name: Powerline Road from C R 510 North to the Sebastian City Limits 1. Bidder's Name/ Ad ress: -7 al Gw CSC 2. Bidder's Telephone & FAX Numbers: _�- `l l - I-1 l 0( 3. Licensing and Corporate Status: _ a. Is Contractor License current? YeS b. Bidder's Contractor License No: rack 1\ [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: qR VeLLrs 5. What is the last project OF THIS NATURE that the firm has completed? 2Or'�.o.. *rftr Ph1w,1.2e n rat 11YL Ys neii Ae— rl -'. NNNnAxC Works QC42 . NO 6. Has the firm ever failed to complete work awarded to you? t[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.] 7. Has the firm ever been assessed liquidated damages? /uD [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.] 8. Has the firm ever been charged by OSHA for violating any OSHA regulations? n10 00456 - Qualifications Questionnaire 00456 - t F:%Engir»eriny\Capital Projeets\0217-Powerline Road\Bid DocumentsWo456 - Qualifications Queslionnaire.doc [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.] 9. Has the firm ever been charged with noncompliance of any public policy or rules? [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? O [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: lornc�.s 1 11� ^c'1G Date of Inspections: 3 12. ICA 14. Name of on-site Project Foreman: T^,1% XNAOLD r Number of years of experience with similar projects as a Project Foreman: 5 v. 15. Name of Project Manager: Number of years of experience with similar projects as a Project Manager: a_ 16. What is the firm's bonding capacity? TYN exp P SS !Z t iby rev- L 110 r) [The remainder of this page was left blank intentionally] 00456 - Qualifications Questionnaire 00456 - z F•%FnninmwinalCaoital Proiects10217-PoWedine Road%Bid Documents100456 - Qualifications Questionnaire.doc IF �yLo Q V LL �. r H 0C a o LOC 0 �g cQ d o °D 9 [NOTE: If requested by the County, the Bidder shall fumish references, and other information, ufficiently comprehensive to permit an appraisal of its abilities as a contractor.] s (Position or i itie) .� 1c PS (Date) * * END OF SECTION * * 00456 - Qualifications Questionnaire 00456-4 F•1EnoinearinolCaoital Pra WSX02174P0weriine RoadaBid Documents%M56 - t]ualificetlona Cuestionnaire.doc i SECTION 00458 - List of Subcontractors ii 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. 0217 for Sebastian City Limits Work to be Performed 21 3. 4. 5. 6. 7. 8. 9. 10. 11. 14. 15. 16, Subcontractor's Name/Address Tn�f,�S�n �- p0.yts Mnc.. 17, Note: Attach additional sheets if required. ' * * END OF SECTION 00458 -1 �.,�_= �_..c ��r�.ar■� ar6l•ctsW217-Powertine Road%Bid DoeumentsW0458 - List of Subcontractors.doc 00458 - List of Subcontractors BOARD OF COUNTY COMMISSIONERS July 17, 2008 J.W. Cheatham, LLC Atin: Thomas P. Uhrig 7396 Westport Place West Palm Beach, FL 33413 NOTICE OF AWARD Reference: Indian River County Bid No. 2008029 Powerline Road Improvements Dear Mr. Uhrig, VIA OVERNIGHT DELIVERY I am pleased to inform you that as of yesterday, July 15, 2008, the Board of County Commissioners has awarded the above -referenced project to your company. The following documents are required before the applicable County department can issue a "Notice to Proceed" letter. 1. Performance Bond in the amount of 100% of the contract amount. ($648,869.41) 2. Payment Bond in the amount of 100% of the contract amount. ($648,869.41) 3. Certificate of Insurance, must name Indian River County as an additional insured and must provide for a 30 day Notice of Cancellation. In accordance with section 255.05(1)(a), Florida Statutes, you are required to execute a Performance Bond and a Payment Bond for the above referenced project. Please submit the Bonds and the Certificate of Insurance to this office at the address provided below no later than July 30, 2008. Failure to comply with the established deadline for submittal of required documents may be grounds for cancellation of the award. Thank you for your prompt attention and if you have any questions, please do not hesitate to contact this office. Sincerely, �Gtti�e- Jerry Davis, Purchasing Manager cc: Arjuna Weragoda, P.E., Utilities General Services Departments Purchasing Division 1800 27`h Street, Vero Beach, Florida 32960•(772) 5674000 Ext. 1416•Fax: (772) 770-5140 E-mail: purchasing @ircgov.com SECTION 00520 an Agreement (Public Works) TABLE OF CONTENTS Title =0 ARTICLE1-WORK.................................................................................................................................2 ARTICLE 2 — THE PROJECT..................................................................................................................2 ARTICLE 3 —ENGINEER......,, 11 ass,00 ............ ... a ....... a ... 1111141111111112 ARTICLE 4 - CONTRACT TBMS..........................................................................................................2 ARTICLE 5 — CONTRACT PRICE..........................................................................................................3 ARTICLE 6 — PAYMENT PROCEDURES...... 111111141111114 ARTICLE 7 — INDEMNIFICATION........................................................................................................5 ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS......................................................................5 ARTICLE 9 — CONTRACT DOCUMENTS. 1 0 4 0 1 0 1 1 1 0 1 1 6 a 8 a 0 a a 0 a a a a a a 4 1 1 0 a a 0 a , a . . . I I . . I I I I I I I I I I I I I I I I a I . . I . I I I . . . I I a 1 0 a I a 0 4 1 14 10 11 a 0 0 06 ARTICLE 10 on AUSCELLANEOUS.........................................................................................................7 THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLYI 00520 - Agreement (Public Works) 00520 - 1 F:%Engineering\Capital Projeata10217-12owerline RoadftBid Documents100520 - Agreement (Public Worka).doc 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 OWNER) and J.W. Cheatham, LLC (hereinafter called CONTRACTOR). 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: The proiect consists of paving an existing two-lane marl -road with a southbound left turn at C.R.510 which includes drainage improvements maintained by Indian River County, Florida. 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: Powerline Road from C.R. 510 North to the Sebastian City Limits County Project Number: 0217 Project Address: Powerline Road from C. R, 510 North to the Sebastian City Limits 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. 005.20 - Agreement (Public Works) 00520-2 FIEngineering%Cepitel Projects10217-Powerline Road\Bid Documents100520 -Agreement (Public Works).doc 4.02 Days to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed on or before the 165 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 195 day after the date when the Contract Times commence to run. 4.03 Days to Achieve Final Completion and Final Payment A. The Work will be fully completed (Final Completion) and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 195 day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions. 4.04 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. Liquidated damages will commence for this portion of work. 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 $.2 121.00 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 $ 2.121.00 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. ARTICLE 5 - 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.B, 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: $ 648, 869.41 Written Amount: Six Hundred Forty Eight Thousand Eight Hundred Sixty Nine Dollars and Forty One Cents 00520 - Agreement (Public Works) 00520-3 FAEngineering\Capital Proje st0217-Powerline RoadlBid DocumentsW0520 - AgreemerM (Public Worke).doc ARTICLE G = 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 and the Contract Documents, 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to 00520 - Agreement (Public Works) 00520-4 F:1EnginseringTapital Projects10217-Powedine Road0d Documents=520 - Agreement (Public Works).doc federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be govemed by the applicable grant requirements and guidelines. {this is another provision in the agreement between owner and contractor that you may or may not have] 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds, 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. 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 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 CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, 00520 - Agreement (Public Works) 00520-5 P\Engineering\Capital Projects%0217-Powerline Road\9id Documents100520 - Agreement (Public Works).doc 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. This Agreement (pages 00520-1 to 00520-9); 2, Performance Bond (pages 00610-1 to 00610-5); 3. Payment Bond (pages 00612-1 to 00612-5); 4, General Conditions (pages 00700-1 to 0070045); 5. Supplementary Conditions (pages 0080-1 to 0080-8); 6. Specifications as listed in the table of contents of the Project Manual; 7. Drawings consisting: A. Proposed Paving and Drainage Improvements, Project #0217, dated 10/17/07. 8. Appendices to this Agreement Appendix A — Permits Appendix B - Best Management Practices Appendix C - As -Built Record Survey Checklist Appendix D - Roadway Soil Survey 9. Notice to Proceed (Page 1, inclusive) 00520 - Agreement (Public Works) 00520-6 FAEngineeringlCapital PropctaW217-Power1ine RoedtBid Documente100520 - Agreemwl (Public Works).dx 10. CONTRACTOR'S BID (pages 1 to 8, inclusive) 11. Bid Bond (pages 1 to 4, inclusive), Qualifications Questionnaire (page 1 to 4, inclusive), List of Subcontractors (page 1 inclusive). 12. Statement of Public Entity Crime. 13, Sworn Statement Under the Florida Trench Safety Act (pages 1 to 2, inclusive) 14. Sworn Statement Under Section 105.08, Relationships (pages 1 to 2, inclusive) 15. The following which may be delivered or Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). Indian River County Code, on Disclosure of issued on or after the Effective Date of the 17. Contractor's Final Certificate of the Work (page 00632 —1 & 2 of the Specifications) 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 party 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 00520 - Agreement (Public Works) 00520-7 FAErgineeringlCapital PmjectsW217-Powerfine RoadlBid Documents=520 - Agroement (Public Works).doe 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. 10.06 Other Provisions NOTE TO USER 9. Insert other provisions here if applicable. [The remainder of this page was left blank intentionally] 00520 - Agreement (Public Works) 00520-8 F:TmoneeriroCapital ProjectsD217-Powerline RoedMid Documents100520 - Agreement (Public Works).doc 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. This Agreement will be effective on, 2008 (the date the Contract is approved by the Indian River County Board ot County Commissioners, which is the Effective Date of the Agreement). OWNER: APPR SUFF By: saph A. Baird; Cpantji Admini ED AS ''TO FORM I fITYCY,A1I William LEGAL I; County Attorney Poi: Jeffrey K. Barton, Clerk of Court ,&y. Attest: Deputy (SEAL) Designated Representative: Name: Title: 1801 27th Street Vero Beach, Florida 32960 (772) 226-1986 Facsimile: (772) 778-9391 CONTRACTOR: J.W. Cheatham, LLC By: Attest 5. M . ,I,t, "^^� I, V , p . (Contractor) ►RPORATE SEAL) Address for giving notices: 7396 Westport Place West Palm Beach, FL 33413 License No. CGCO18468 (Where applicable) Agent for service of process: Designated Representative: Name: Seved M. Moussavi Title: Vice President Address: 7396 Westport Place West Palm Beach, FL 33413 Phone: 561-471-4100 Facsimile: 561-471-8348 (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * 00520 - Agreement (Public Works) 00520 - 9 F:tEngineeritglCapital Projects10217-Powedine RoedlBld DocunwAs100520 - Agreement (Public Works).doc SECTION 00550 - Notice to Proceed [Certified Mail -- Return Receipt Requested] TO: JW Cheatham, LLC (BIDDER) ADDRESS: 7396 Westport Place West Palm Beach, Florida 33413 Contract For: Powerline Road Dated August 1. 2008 (Insert name of Contract as it appears in the Contract Documents) Project: Powerline Road from C.R. 510 North to the Sebastian City Limits OWNER's Bid No. 2008029 You are notified that the Contract Times under the above contract will commence to run on August 11, 2008. By that date, you are to start performing your obligations under the Contract Documents. The contract has allocated 195 days for the completion of this project. in accordance with Article 4 of the Agreement the date of Substantial Completion is February 28 2009 and the date of readiness for final payment is March 15, 2008. Before you may start any work at the site, paragraph 2.05.0 of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insured) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must: (add other requirements, if applicable) Must review limits of clearing with Indian River County Surveyor. SWPPP shall be approved by the Construction Coordination Manager. NOI must be filed with DEP. 00550 - Notice to Proceed August 1 2008 00550-1 R%Engineering\Capital ProjectsXD217-Powerline Road%Bid Documents%005§0 - Notice to Proceed August 1 2008.doc Rev. 05109 I SECTION 00610 "Performance Bond KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND, we J.W. Cheatham, LLC 1938501 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2282 PG:906, Papel of 15 07/29/2008 at 02:54 PM, JEFFREY K BARTON, CLERK OF COURT 7396 Westport Place West Palm Beach, FL 33413 561-471-4100 as Principal (Contractor), (Insert name, principal business address, and telephone number of Principal/Contractor) and SAFECO Insurance Company of America _ 5792 Widewaters Parkway Dewitt, NY 13214 315-449-2842 , 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, 1800, 27th Street, Vero Beach, Florida 3290 {�7g2-567-8000 in the sum of ,ln/irp t�j� l and_EightDlla($5 9 vi -17 Nin A0 m48q869w4l), amounting to 100% of the total bid price. For Forthe payment of said sum we bind ourselves, our heirs, executors, administrators and assigns, jointly anq severally, for the faithful performance of a certain written Contract, dated the 1 S}'' day of , 20 O8, entered into between the Principal and the County of Indian Riqer, for: Bond Number: 6554643 Project Name: Powerline Road from C R 510 North to the Sebastian City Limits County Project Number:0217 Project Address: Powerline Road from C.R. 510 North to the Sebastian City Limits Project Description: The project consists of the of paving an existing two-lane marl -road with a southbound left turn at C.R.510 maintained by Indian River County, Florida. 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 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 indemnify and save harmless the County of Indian River against and from all expenses, damages, injury or conduct, want of care of skill, negligence or default, including patent infringement on the part of the Principal, his agents or employees, in the execution or performance of said Contract, including errors in the Drawings furnished by the Principal, 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 00610 - Performenoe Bond 00610 - 1 F:1Enp1neer1VCapita1 Pro1ects=17-Pmerline RoadlBid Docune11tsWW10 - Perhmwce eond.doc 00610 - Performenoe Bond County of Indian o iter Cont actr as a result of the failure of the Principal to properly execute all of the provisions 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. 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 Final Completion as established -on the Certificate of Final Completion as issued by the County of Indian River, IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals, this 22nd day of July 20 08 , 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. *****w,t*+*�rirr*kir**,e,w*ter++ee++*w*+«re*,rr**int�t++t*ie++t*+**trx****+*r*irt*rruirtt+++,►,r*�+��e,r,tit++ew**,r,►+�ew+r<+r:*,t*tnr+r *+***+ WHEN THE PRINCIPAL IS AN INDIVIDUAL: /✓/k Signed, sealed and delivered in the presence of: Witness Signature of Individual Address Witness Printed Name of Individual Address *hist**++,r•+i+,t.it+ie,t,t,r**+*ie+*it+ir*vrit++r,tiF+*ir+*ie**ir,ti�,rir*ink,rii►,rt,ttw+*it*,t+�t+t**,t,kxrii>firr.**irintirtemtx�t*�rtiriie+«,t,ra+r*.++* [The remainder of this page was left blank intentionally] 00640 - Performance Bond 00610-2 FAEngineeMglCapilal ftisclsM7-powerline ROaaUid ommontsW0610 - Perform= Bwd•doc �. , WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAMES sealed and delivered in the presence of: Witness Name of Partnership BY. Address Partner Printed Name of Partner Witness Address (SEAL) wwwkw*wwww#wwwwwwwwwwwwwwwwwwwwwwwwwwwww*wwwwwwwwwwwwwwwwwwwww*wkwwkw�tk#wwww**wwwwwwwwwwwwww*kwkwkwwwww�kw** WHEN THE PRINCIPAL IS A PARTNERSHIP: /f" l& Signed, sealed and delivered in the presence of: Witness Address Witness Address Name of Partnership I=3YA Partner Printed Name of Partner (SEAL) [The remainder of this page was left blank intentionally] 00610 - Performance Bond 00610 n IV . • 1I. • - •Ji' •.a LLQ I LLQ Name of-GeFP wetio I& J.W. Cheatham, LLC ; BY:r � T e•.e "o, ••.• { ti,��'i is „ (Affix Corporate si Printed Name $ Y, CL>o • h� ° �` �� 1 . ��4c� .� �L , Official Title L14 :,. a� ; CERTIFICATE A TO CORPORATE PRINCIPAL ,-�� , certify that I am the Secreta of the coc�aor UDJJ-named as I o jr ,who signed the said bond on: Principal int within bond; that of said: that I know j behalf of the Principal was then ;% '('��_ his signature, and his signature thereto is genuine; and that said Bond was duly signedf44 AM01 and attested for and on behalf of Sai iby authority of Its governing body., ��y °# (S Corporate SUretySAFECO Insurance Company of America Business Address 57971 Widewa ers PVkway, eW t, NY 3214 % E Z4T •-I Ili P �.: (Affix Corporate SEAL) R' F''" { <<'`Ixt , '," tIj Richard W. Heinmiller p, - y`.....rP,, •,�.� l ; �j Attorney -In -Fact r i� ti. it � Name of Local Agency James P. Reanca 8 East Main'JI 4 Street ar' Marcellus, NY 13108- Business Address [The remainder of this page was left blank intentionally] 00610 - Performance Bond 00610-4 f:1Ena1neerft%CaPftM pro ade10217-Pomrfine R041AS d D00umWdG1DW10 - Performance Bond.doc STATE OF FLORIDA SEE ATTACHED COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly sworn upon oath, says that he is the attorney-in4act for the and that he has been authorized by 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 day of My Commission Expires: Notary Public, State of Florida * * END OF SECTION * * 00810-6 F:%Enginaaring%Cap1W PropdaWl7-PawMine Ro#A id OoOMWdSIMI0 - Parronnance Bonddec 00610 -Performance Bond ACKNOWLEDGMENT OF PRINCIPAL, IF A LIMITED LIABILITY COMPANY State of Florida County of 9.0 On this 2 3 Y day of July, 2008, before me personally came and appeared $�Yc h 1"% k� , to me known, who being by me duly sworn, did depose and say that he resides in the City of p (3 • G ; that he is they %c C. of J.W. Cheatham. LLC, the limited liability company described in and which executed the foregoing instrument; that he knows the seal of said limited liability company; that one of the seals affixed to said instrument is such seal; that it was so affixed b of the managing members of said limited liability company, and that he signed4tjs4iamp t eAto by like order. SURETY ACKNOWLEDGMENT State of New York County of Onondaga On this 22nd day of July, 2008, before me personally appeared Richard W. Heinmiller to me known, who being by me duly sworn, did depose and say: that he resides in the City of Tully, NY; that he is the Attorney -In -Fact of the above signed surety, the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that he signed his name thereto by like order. Notary Public JEAN C. MCCARTHY Notary No, 01 MC6071225 w York Qualified in Onondaga County My Commission Expires March 11, 2+60 POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: No, 13043 Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 98185 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint "RICHARD W. HEINMILLER; FRANCIS A. LOWTHER; ROBERT B. PARRISH; I MICHAEL REAGAN; Marcellus, New York***** its true and lawful attomey(s) in -fact, with full authority to execute on its behalf fidelity arid surety bonds or undertakings and other documents of a similar character Issued in the course of its business, and to bind the respective company thereby, IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 31st day of May 2007 STEPHANIE DALEY-WAT5ON SECRETARY ` TIM MIKOLAJEWSKI SENIOR VICE-PRESIDENT SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of sirrular character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be Impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By -Laws, and (il) A copy of the powerof-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is In full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley -Watson , Secretaryof SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney Issued pursuant thereto, are true and correct, and that both the Byd,aws, the Resolution and the Power of Attorney are still in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 22nd day of July 1 2008 k 1 1 q SEAL Ze r SEAL a� 1953 l 2a t� °,+ p}r lYll31�t�_g'(� STEPHANIE DALEY•WATSON, SECRETARY and eSafeeo'4696 are registered trademarks of Safeco Corporations , S-0974/DS 4/05 = i ` µ Y r ,fZ, ass' f " WEB PDF asst, ,1r41 r Y.t ?,fir .teke T f y+ t r�rri l t 1. ` , 1 2007 STEPHANIE DALEY-WAT5ON SECRETARY ` TIM MIKOLAJEWSKI SENIOR VICE-PRESIDENT SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of sirrular character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be Impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By -Laws, and (il) A copy of the powerof-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is In full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley -Watson , Secretaryof SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney Issued pursuant thereto, are true and correct, and that both the Byd,aws, the Resolution and the Power of Attorney are still in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 22nd day of July 1 2008 k 1 1 q SEAL Ze r SEAL a� 1953 l 2a t� °,+ p}r lYll31�t�_g'(� STEPHANIE DALEY•WATSON, SECRETARY and eSafeeo'4696 are registered trademarks of Safeco Corporations , S-0974/DS 4/05 = i ` µ Y r ,fZ, ass' f " WEB PDF asst, ,1r41 r Y.t ?,fir .teke T f y+ t r�rri l t 1. Cashaad Bank Deposits400.4.....»»»........._...»....» S SAFECO INSURANCE COMPANY OF AMERICA FINANCIAL STATEMENT —DECEMBER 31, 2007 Llstbllides 53 1$3,126 Lkeamed Premiums.„»..».........» ....................».. S 728,534,042 *Bonds — U.SCiovecmneffi...........00440044.. « ..»......».»....16,728,067 *Other Bonds. .....»..................................» ......0044.. 2,478,711,187 *Stocks......................................sell...«..»..«.........».. 499,235,954 RealEstate.......................»......«.»...................».....». 0 Agents' Balances or Uncollected Praiums .................625,553,621 Accrued Interest and Rents.....».._....._« .............. 33,936,490 Other Admitted Assets »........»... ««....M .................. 359 599.5?2 Reserve for Claims and ClaimsKVense. 0044..«.1,560,913 50 Funds Held Under Ransumme 'Ii eaties.......« 4444.. 430" Reserve for Dividends to Polieyholdors..... «.................. 2,421,,611 Additiastal Stat+rtay Reserve .....................»......... Reserve for Commissions, Taxes and lot Ofherrld'aM2ities.......»....0046.......»..............«4444 �y22893p6336881 S3Total .r«rrrwrr_r_w.«r«r«r«rrr«r«_ 1437j m3 Speeial 5urptus Finds....»... S 226,334 Capital Stoek.4«YN«»..q.»...uo.0.. 501 Paid is Surplus..«.......«.................273,402,873 Unwdped Surplus....«.........».. 558381A87 Serpins taPdlc7holdersw4444_..«r......r., ,�10�94 Total LiabHties and Surplus«r«_«r«_«_4444.«_ 5417 - . . . 1 . . • 1 0=7701 r ViTiMajostgaff 1- u` S)PAJ 1 { { nl! . `Z 'Ir ITT III I r&I 1 :1 . 41 4 1 11 l 1. 1 1 I{ • 1 1 a ,/ 1 4 I,' . / 1 1 .1 1` IN •r Rheramtoset1. y hand and affixed the seal of said Corporshion at Scattit, wwfiizglDn� "s 1 stday . 2008,Mnrck Senior v S•126223+08 SAIII vademarkorSAFEco oftora8on V SECTION 00612 - Payment Bond KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND, we J.W. Cheatham, LLC 7396 Westport Place West Palm Beach, FL 33413 561-471-4100 as Principal (Contractor), (Insert name, principal business address, and telephone number of Princlpal/Contractor) and SAFECO Insurance Company of America 5792 Widewaters Parkway Dewitt, NY 13214 315-449-2842 , 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, 1800, 27th Street, Vero Beach, Florida3 96% 7 2-5d67F 8000) in the sum of Sixty Ninetan' t4 �t�a l��nd,_Eight_ Dollars ($ 648,869.41), amounting to 100% of the .total bid price. For the payment of said sum we bind ourselves, our heirs, executors, administrators and assigql jointly and everally, for the faithful performance of a certain written Contract, dated the day of, 20AL, entered into between the Principal and the County of Indian Riv r, for: Bond Number: 6554643 Project Name: Powerline Road from C.R. 510 North to the Sebastian City County Project Number: Project Address: 0217 Powerline Road from C.R. 510 North to the Sebastian City Limits Project Description: The project will consist of the Paving and Drainage Improvements in Indian River County 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: 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 by this reference. 00612 -1 F*TJVneerirWa01W PraiectW217-Powariine Ro"Bid Oocumente%00612 -Payment Bond.doo Rev. OW 00612 - Payment Bond 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 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 "A" and Financial Size Category of Class "X". 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 Final Completion as established on the Certificate of 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] t 00612 - Payment Bond 00612 - 2 F1&npin"dng%CapOal Projectt10217-Powed1ne Roadh9id Oacumenta100612 - PvpwrA Bond.doc Rev. 0601 niment. under their IN WITNESS WHEREOF, the above bound parties exe 20 08 , the nseveral name and corporate S681 Of s 22_ nd day of July undersigned being hereto affixed and these presents duly signed by its seals, thi each corporate party 9 representative, pursuant to authority of its governing body. Witness Address Witness Address Signature of Individual Printed Name of Individual NAME: Yl fjr Signed, sealed and delivered in the presence of: Witness Address Witness Address Name of Partnership BY: Partner Printed Name of Partner [The remainder of this page was left blank intentionally] 00612-3 f:XEn&eerh*Cepitel prowe JamW217-porAnme a Roed\Bld Docunie100612 - payment Bond.doc Rev. 05101 (SEAL) 00612 - Payment Bond N/A Signed, seated and delivered in the presence of Witness Name of Partnership BY: Address Partner Printed Name of Partner Witness Address (SEAL) Name ofJ;QFPGFatiep- J.W. Cheatham, LLC y� �{ Printed Name (Affix 1"A p r « y Official Title 10 I/ , T,fl a w L L c. ``'�sa"'acaae�iie�ls CERTIFICATE AS TO CORPORATE PRINCIPAL �k I Cr (J to , certify that I am he Secr�of the named as Principal int the within bond; that ,who signed tie did bond on behalf of the Principal was then I f' of said cocperafian - that I know his signature, and his signature thereto is genuine; and that said Bond was duly signed, seated and attested for and on behalf of Said corporation by authority of Its governig); body.' le [The remainder of this page was left blank intentionally] 00612 - Payment Bond 00612 - 4 F-1Fngineedng%Cepital Projeota1D217-Powedine RoaddM Davumenta10W12 - Payment Bond doe Rev. 05/01 .w TO BE EXE UTED BY CORPORATE SURETY: M- 01 .Witness STATE OF FLORIDA COUNTY OF INDIAN RIVER Corporate Surety SAFECO Insurance Company Business Address 5792 Widewaters DeWitt, NY 1321 BY: n (Affix Corporate Richard We Heinmiller Attorney-ln-Fact of America Name of Local Agency James P. ReaganAgepc3 8 East Main Street.';', Marcellus, NY 13108`" Business Address SEE ATTACHED Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly sworn ' upon oath, says that he is the attorney-in-fact for the and that he has been authorized by 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 day of , 20 My Commission Expires. Notary Public, State of Florida * * END OF SECTION * * 00612 - Payment Bond 00612-5 F:1Erg1negdna%Cepite1 Projects= 743' w ina Road&d Doowmnta1o0612 %Payment Swtd.doc Rev. 05101 ACKNOWLEDGMENT OF PRINCIPAL, IF A LIMITED LIABILITY COMPANY State of Florida County of P. a On this 2 3 ✓ day of July' 2008. before me personally came and appeared e.d tome known, who being by me duly sworn, did depose and say that he resides in the City of Q- 13 - r; ; that he is the v C L q., P' � 5.., z %9 4 of J.W. Cheatham, LLC, the limited liability company described in and which executed the foregoing instrument; that he knows the seal of said limited liability company; that one of the seals affixed to said instrument is such seal; that it was so afqxzd43y,,order of the managing members of said limited liability company, and that he siodFaKlisa thereto by like order. Notary Public - State of Florida W Cor W"W Fires Oct 20, 2008 Commisslon # DD 357642 Bonded gy Notional Notary Assn. SURETY ACKNOWLEDGMENT State of New York County of Onondaga On this 22nd day of July. 2008, before me personally appeared Richard W. Heinmiller to me known, who being by me duly sworn, did depose and say: that he resides in the City of Tully, NY; that he is the Attorney -In -Fact of the above signed surety, the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that he signed his name thereto by like order. Qom, Notary Public JEAN C. MCCARTHY Notary Public, State of New York No, 01 MC6071225 Qualified in Onondaga County My Commission Expires March 11, 201 u KNOW ALL BY THESE PRESENTS: POWER OF ATTORNEY No. 13043 Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 98185 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ******RICHARD W. HEINMILLER; FRANCIS A. LOWTHER, ROBERT B. PARRISH; J. MICHAEL REAGAN; Marcellus, New York***** its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and.surefy bonds or undertakings and other documents of a similar character issued In the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 31st i day of May 2007 STEPHANIE DALEY-WATSON SECRETARY ` TIM MIKOLAJEWSKI SENIOR VICE43RESIDENT SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 'Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Mice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint Individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V. Section 13 of the By -Laws, and A copy of the power-of-attomey appointment, executed pursuant thereto, and (il) Certifying that said power-of-attorney appointment is In full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley -Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney Issued pursuant thereto, are true and coneri, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation SEAL 41h !!;000 S-0974/DS 4/05 this 22nd day of July 1 2008 00M V)16 lzl� STEPHANIE DALEY-WATSON,SECRETARY IDW are registered trademarks of Safeco Corporation. WEB PDF Cashand Bank Deposits......1011 dead ......1....»...goes ...... S . y. ,ry • s � *gf)r•I j`I• • a ul FINANCIAL STATENMNT—DECENNER 31, 2007 Uslbilitie s 53,A83,126 LAwarned Pti+emittms.w YN...NY.......»...........to" .. S 728,534Q02 *Bonds —U.St3overmnent................... »...........»_Y..16.7?.8,067 *Other Bonds..........Y..............................age ...... toad .. 2.478,711.287 Stocks...»...............N....N..............Y..».......NY..».. 499,235y54 Real Estate.......1» Y N.... #4 It too da YN.M YM MYO Itl.Y..NN.NM Y. O Agents' Balances or Uncollected Premiums......».........625,553,621 Accrued Interest and Rents...........»1111.».......goo ..». 33,936,490 Other Admitted AssetsN.............. _.................Y.... 3SJ99.372 1' nl. . Reserve for Claims and Claims Expense Funds Held Under Reinsurance Tresties.,.....»1111.. 430979 Reserve for Dividends to Policyholders...... .................. 204219611 Additional Statutory Reserve.Y».......goo, added »...,....a ageReserve for Carnmisdons, Taxes and Odor liabilities ......NY.1111».......................... 936336 881 Total �rMrMrNIrYrMr.wrwrMYM.rM_NMM._Y� 539228,6379423 Special Surplus Fm4s....»444 S 226,334 Paid m Snrillus..Y.Y»..».......Y........2759002An Unassigned Smplus..Y......»..YY 558381487 SwPins tOPdtcFladders.wrwrr�rrrrrww TotalLimb2d a and SwPlaswwwrYw.NwY_wrwr S4l16724$.t� 11 • . =14=n 1 11'48 1. .. 1 WrrMM WHEMOF, I have heranft set my hand and affixedthe a.. 006011 .. 1 1 v 1 i1 Me11{ - Senior V 8•1 262a 3108 •A reglstereo oatlamark of SAFECO Corpordon Certificate (Limited Liability Company) The undersigned hereby certifies that the following are true and correct statements: 1. That he/she is the assistant Secretary of J.W. Cheatham, LLC, a Limited Liability Company organized and existing in good standing under the laws of the State of Florida hereinafter referred to as the "LLC" and that the following Resolutions are true and correct copies of certain Resolutions adopted by the Board of Directors of the LLC as the 22nd day of July, 2008, in accordance with the laws of the State of the state of incorporation of the LLC, the Articles of Incorporation and the By- laws of the LLC. RESOLVED, that the LLC shall enter into that certain Agreement between Indian River County, a political subdivision of the State of Florida and the LLC, a copy of which is attached hereto, and be it. FURTHER RESOLVED, that Sexed M. Moussavi, the Vice President of the LLC, is hereby authorized and instructed to execute such Agreement and such other instruments as may be necessary and appropriate for the LLC to fulfill its obligations under the Agreement. 2. That the foregoing resolutions have not been modified, amended, rescinded, revoked or otherwise changed and remains in full force and effect as of the date hereof. 3. That the LLC is in good standing under the laws of the State of Florida or its state of Incorporation and has qualified, if legally required, to do business in the State of Florida and has the full power and authority to enter into such Agreement. IN WITNESS WHEREOF, the undersigned has set his hand and affixed the Corporate Seal of the LLC the 22°d, day of July, 2008. (Corporate Seal) (Signature) Sherry Y. Brown, Assistant Secretary (Print Signatory's name & title) SWORN TO AND SUBSCRIBED before me this . Y6 day of s� 2008, by the assistant Secretary of the aforesaid LLC, who is personally known to me OR who produced as identification and who did %3b'N- take an oath. �--� MIKE DAMRON Notary Public • State of Florida My Commission Expires Mar 12, 2011 Commission 6 DD 631902 lot Bonded Tlao* National Notm Ann. (Print Notary's Name) NOTARY PUBLIC State of Florida at Large My commission Expires: ACORDCERTIFICATE OF LIABILITY INSURANCE 7/23i2o a PRODUCER (561) 746-4546 FAX: (561) 746-9599 Te este A 4u Agency, yr Inc,. 218 S. US Highway One Suite 300 Teguesta FL 33469 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION NLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE NAIC # INSURED J.W. Cheatham, LLC 7396 Westport Place West Palm Beach FL 33413 INSURERANational Fire Insurance 20893C INSURERB:National Fire Insurance 20893C INSURERaValley Fore Insurance 20508C INSURER D: Trans ortation Ins, Col 120894C INSURER E: TED PREMISETORE E=rrrrence THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING AN REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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. AG, �anRrErz �IE-LIWI5 19HOWN MAY HAVE M REDUCED BY PAID CLAIMS. INSR JJJL ADD'LEFFECTIVE INSRn TYPE OF INSURANCE POLICY NUMBER DATE MWDDDATE PEXPIRATION MMWD LIMITS A X GENERAL LIABILITY R COMMERCIAL GENERAL LIABILITY CLAIMS MADE ® OCCUR 02083039906 3/1/2008 3/1/2009 EACH OCCURRENCE $ 1 r 000 r 000 TED PREMISETORE E=rrrrence $ 50 r 000 MED EXP (Any oneperson) $ 5 r 000 PERSONAL 8 ADV INJURY $ 1 r 000 r 000 GENERAL AGGREGATE $ 24001000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICYX E CF�j LOC PRODUCTS - COMP/OP A $ 2 r 000 r 000 B AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 02055533016 3/1/2008 3/1/2009 COMBINED SINGLE LIMIT (Ea accident) $ 1 r 000 r 000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANYAUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ D EXCESS/UMBRELLA LIABILITY x OCCUR 7 CLAIMS MADE DEDUCTIBLE RETENTION $10,000 02067525954 3/1/2008 3/1/2009 EACH OCCURRENCE $ 10 , 000 , 000 AGGREGATE $ 10 r 000 r 000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBEREXCLUDED? IT yes, describe under SPECIAL PROVISIONS below wc2055533047 3/1/2008 3/1/2009 R WC STATU- LIMITS OTH- ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500 r 000 OTHER DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS The Certificate Holder is an additional insured per form G140331A atttached to the General Liability Policy. Form G140331A is attached for reference. Job Desc: Ponerline Road from CR510 North to the Sebastian City Limits. County Project # 0217 CERTIFICATE HOLDER CANCELLATION ACORD 25 (2001/08) IuenO)a ,^, ^o� ^o_ a ACORD CORPORATION 1988 0*ro 1 e47 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE INDIAN RIVER COUNTY EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1800 27TH STREET 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT VERO BEACH, FL 32960 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Mark Kasten/DEBBIE a-- ACORD 25 (2001/08) IuenO)a ,^, ^o� ^o_ a ACORD CORPORATION 1988 0*ro 1 e47 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) Page 2 of 2 INS025(oioa�.oaa 1. The following is added to the Duties In The Event of Occurrence, Offense, Claim or Suit Condition: e. An additional insured under this endorsement will as soon as practicable: (1) Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; (2) Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and (3) Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. G -140331-A (Ed. 01/01) f. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. 2. Paragraph 4.b. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. G -140331-A Page 2 of 2 (Ed. 01/01) PDF created with FinePrint pdfFactory trial version httl)://www.pdffactory.com 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: 2008029 Project: Powerline Road from C.R. 510 North to the Sebastian City Limits OWNER's Contract No.xxxx= ENGINEER Indian River County ENGINEER's Contract No.N/A 1. Original Contract Price: 2. Net change by Change Orders and Written Amendments (+ or 3. Current Contract Price (1 plus 2): 4, Total Work to date: 4.a Percentage of Work completed to date: % 4.b Total Work completed to date: $ 4.c 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 4.4 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. 1. Original Contract Price: 2. Net change by Change Orders and Written Amendments (+ or 3. Current Contract Price (1 plus 2): 4. Total completed and stored to date: 5. Retainage (per Agreement): of completed Work: of stored material: Total Retainage: 6. Total completed and stored to date less retainage (4 minus 5); 7. Less previous Application.for Payments: Be DUE THIS APPLICATION (6 MINUS 7): 0 00622 - Contractor's Application for Payment 00622-1 FAEngineeringTapital Projects\0217-Powerline Road\Bid Documents\00622 - Contractor's Application for Payment.doc Rev. 05101 CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied on account to discharge CONTRACTOR's legitimate obligations incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (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 No. 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Dated By: State of County of Subscribed and sworn to before me this day of Notary Public My Commission expires: (CONTRACTOR) CERTIFICATION OF ARCHITECT OR CONSULTING ENGINEER (WHERE APPLICABLE): 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 CERTIFICATION OF ENGINEER / INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts for Contract 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 (ENGINEER/INSPECTOR) SIGNATURE Accompanying Documentation: [The Remainder of Page Intentional Left Blankl 00622 - Contractor's Application for Payment 00622-2 FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\00622 - Contractors Application for Payment.doc Rev. 05/01 0 U H Z 0 U J 00 t6U E � N c•5% Ii U d 00 CD d Q � E 00 V N CO G Q low z _ 0 � N Q J H 0 H d C _d o ` � � O av O Q � d Q. e=a E ��y V O U d N r.+ O C 7 y M O Q y O d E W CY W d a D R E 6e-NC`7 c000 Ncli4 L6(Of�:c6CA6 N m CD z r r r r r r r r r r N N N z 0 LU W 0 0 W r+ C al E T N CL `o w c 0 U CL CLQ N O U l�6 w. C O U N N co O O SECTION 00630 - Certificate of Substantial Completion Date of Issuance: 20 OWNER: Indian River County CONTRACTOR, Contract: Project: Powerline Road from C.R. 510 North to the Sebastian City Limits OWNER's Contract No, ENGINEER's Project No, 0217 CONTACT FOR: Powerline Road from G.R. 510 North to the Sebastian City Limits 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 of the above date of Substantial Completion. 00630 - Certificate of Substantial Completion 00630-1 FAEngineering\Capital Projects\0217-Powerline RoadlBid DocumentsW0630 - Certificate of Substantial Completion .doc 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. 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 FAEnginsering\Capital Projects\0217-Powerline Road\Bid Documentst00630 - Certificate of Substantial Completion .doc 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: 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. 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. 00632=1 FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\00632 - Contractor's Final Certification.doc Subscribed and sworn to before me this Notary Public State of Florida at Large My Commission expires: (Corporate Seal) (Contractor) By: day of 120 + + END OF SECTION + + 00632-2 FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\00632 - Contractor's Final Certification.doc 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 The Associated General Contractors of America Construction Specifications Institute Copyright 01996 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 UM ARTICLE 1 - DEFINITIONS AND TERMINOLOGY.....................................................................................................5 1.01 Defined Terms...................................................................................................................................5 1.02 Terminology.......................................................................................................................................7 ARTICLE 2 - PRELIMINARY MATTERS......................................................................................................................8 2.01 Delivery of Bonds..............................................................................................................................8 2.02 Copies of Documents........................................................................................................................8 2.03 Commencement of Contract Times, Notice to Proceed...................................................................8 2.04 Starting the Work.. I .......................... * ..... I ........................................................................................... 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................................................................9 3.01 Intent...,.., .......... 0 ........ * .... ..I ..... ..... 0 .................... V ..... 0 .............................. I'll 9 3.02 Reference Standards........................................................................................................................10 3.03 Reporting and Resolving Discrepancies.. ....... I ....... I .............. 00 ................................. 0 ........ M .............. 10 3.04 Amending and Supplementing Contract Documents................................:......................................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...............................:................................................................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 5.01 Performance, Payment, and Other Bonds........................................................................................14 5.02 Licensed Sureties and Insurers........................................................................................................15 5.03 Certificates of Insurance...................................................................................................................15 5.04 CONTRACTOR's Liability Insurance.., ............ M ..................................... 1.11 .......... 0 ..... M., .................... 15 5.05 OWNER's Liability Insurance.., .... I .................................................................................................... 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................................................................................................................21 00700 - General Conditions 00700-2 FAEngineering\Capital Projects\0217-Powerline Road\Bid Documerns\00700 - General Conditions.doc 6.08 Permits.. , ... I ..... Im..' .... I ............ I ................................................................................. m .......................... 22 6.09 Laws and Regulations.......................................................................................................................22 6.10 Taxes.................................................................................................................................................22 6.11 Use of Site and Other Areas.............................................................................................................22 6.13 Safety and Protection........................................................................................................................23 6.14 Safety Representative.......................................................................................................................23 6.15 Hazard Communication Programs.... ................ M, ................................................................ *o ............ 24 6.16 Emergencies......................................................................................................................................24 6.17 Shop Drawings and Samples............................................................................................................24 6.18 Continuing the Work., ..... I ...... I .... 1"... ...... I., .... 11 .......... I ....................................................................... 25 6.19 CONTRACTOR's General Warranty and Guarantee.......................................................................25 6.20 Indemnification..................................................................................................................................25 ARTICLE7 - OTHER WORK........................................................................................................................................26 7.01 Related Work at Site.........................................................................................................................26 7.02 Coordination......................................................................................................................................27 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..., I ........ ... I.. I.. I... I ....... I ........... P ................................................ * .................... 27 8.05 Lands and Easements; Reports and Tests......................................................................................27 8.06 Insurance...........................................................................................................................................27 8.07 Change Orders..................................................................................................................................27 8.08 Inspections, Tests, and Approvals....................................................................................................27 8.09 Limitations on OWNER's Responsibilities........................................................................................27 8.10 Undisclosed Hazardous Environmental Condition...........................................................................28 8.11 Evidence of Financial Arrangements................................................................................................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. , ............................................. e ....................................................... 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.,. .... M....' ... 0 ...... I ....... 0 ............. o ................................. 0 ................ 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 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 00700-3 FAEngineering\Capital Projects\0217-Powerke Road\Bid Documents\00700 - General Conditions.doc 12. 01 Change of Contract Price................................................................................................................34 12.02 Change of Contract Times..............................................................................................................35 12.03 Delays Beyond CONTRACTOR's Control.. .. I.. I I ... I ........................................................................ 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,.," .............................. I .............. m ....................... * .......................... M ....................... 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...................................................................................................................41 14.05 Partial Utilization..............................................................................................................................41 14.06 Final Inspection...............................................................................................................................42 14.07 Final Payment.................................................................................................................................42 14.09 Waiver of Claims.............................................................................................................................43 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION.................................................................................43 15.01 OWNER May Suspend Work.........................................................................................................43 15.02 OWNER May Terminate for Cause................................................................................................43 15.03 OWNER May Terminate For Convenience....................................................................................43 15.04 CONTRACTOR May Stop Work or Terminate...............................................................................44 ARTICLE 16 - DISPUTE RESOLUTION......................................................................................................................44 16.01 Methods and Procedures................................................................................................................44 ARTICLE17 - MISCELLANEOUS................................................................................................................................44 17.01 Giving Notice...................................................................................................................................44 17.02 Computation of Times.....................................................................................................................44 17.03 Cumulative Remedies.....................................................................................................................44 17.04 Survival of Obligations.....................................................................................................................45 17.05 Controlling Law................................................................................................................................45 00700 - General Conditions 00700-4 FAEngineering\Capihl Projects\0217-Powerline Road\Bid Documents\00700 - General Conditions.doe GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Contract Documents and printed with initial or all capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between OWNER and CONTRACTOR covering the Work. 3. Application for Payment --The form acceptable to ENGINEER which is to be used by CONTRACTOR during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupa- tional Safety and Health Administration. 5. Bid—The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 7. Bidding Requirements—The Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements. 8. Bonds --Performance and payment bonds and other instruments of security. 9. Change Order—A document recommend- ed by ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11, Contract—The entire and integrated written agreement between the OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents --The Contract Documents establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and ENGINEER's written interpretations and clarifications issued on or after the Effective Date of the Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be furnished by OWNER to CONTRACTOR are not Contract Documents. 13. Contract Price—The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Price Work). 00700-5 FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\00700 - General Conditions.doc 14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Substantial Completion; and (ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final pay- ment. 15. CONTRACTOR—The individual or entity with whom OWNER has entered into the Agreement. 16. Cost of the Work—See paragraph 11.01.A for definition. 00700 - General Conditions 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. 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 govem- 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 . 00700 - General Conditions 00700-6 FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\00700 - General Conditions.doc .. I _, - ow 71T7_ ATM 0 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 govem- 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 . 00700 - General Conditions 00700-6 FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\00700 - General Conditions.doc 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 00700-7 FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\00700 - General Conditions.doc 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 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 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 00700-8 FAEngineeringTapital Projects\0217-Powerline Road%Bid Documents\00700 - General Conditions.doc AN Ett N 1: ALL AN �NA ME I :A LZ;%Z=- fULW MAN wr 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 00700-8 FAEngineeringTapital Projects\0217-Powerline Road%Bid Documents\00700 - General Conditions.doc f 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. 2.06 Preconstruction Conference 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 2.05.13. 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. 00700-9 FAEngineering\Capital ProjectsX0217-Powerline RoadSid Documents\00700 - General Conditions.doc 00700 - General Conditions RMA .- ... ._ �=-= 9z M MAL I IMEO As I a L: 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 2.05.13. 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. 00700-9 FAEngineering\Capital ProjectsX0217-Powerline RoadSid Documents\00700 - General Conditions.doc 00700 - General Conditions 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) ENGINEER Is written 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 00700-10 FAEngineering\Capital Projects\0217-Powerline RoadlBid Documents\00700 - General Conditions.doc 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 00700-11 FAEnginee ming\Capital Projects10217-Powerline Roa"id Documents\00700 - General Conditions.doc Work in connection therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. ENGINEER's Review: After receipt of written notice as required by paragraph 4.03.A, ENGINEER will promptly review the pertinent condition, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an in- crease or decrease in CONTRACTOR's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in para- graph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.08 and 11.03. 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CON- TRACTOR prior to CONTRACTOR's making such final commitment; or c. CONTRACTOR failed to give the written notice within the time and as re- quired by paragraph 4.03.A. 3. 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, a Claim may be made therefor as provided in paragraph 10.05. However, OWNER, ENGINEER, and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses, or 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 CONTRACTOR on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities, including OWNER, or by others. Unless it is otherwise, expressly provided in the Supplementary Conditions: 1. OWNER and ENGINEER shall not be responsible for the accuracy or com- pleteness of any such information or data; and 2, the cost of all of the following will be included in the Contract Price, and CONTRAC- TOR shall have full responsibility for a. reviewing and checking all such information and data, b, locating all Underground Facilities shown or indicated in the Contract Documents, c, coordination of the Work with the owners of such Underground Facilities, including OWNER, during construction, and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the 00700 - General Conditions 00700-12 FAEngineering\Capital Projects10217-Powerline Road\Bid Documents\00700 - General Conditions.doc 1. OWNER and ENGINEER shall not be responsible for the accuracy or com- pleteness of any such information or data; and 2, the cost of all of the following will be included in the Contract Price, and CONTRAC- TOR shall have full responsibility for a. reviewing and checking all such information and data, b, locating all Underground Facilities shown or indicated in the Contract Documents, c, coordination of the Work with the owners of such Underground Facilities, including OWNER, during construction, and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the 00700 - General Conditions 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. COW 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 00700-13 FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\00700 - General Conditions.doc 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 COW 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's 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 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.E 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 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 00700-14 F:TEngineering\Capital Projects0217-Powerline RoadMBid Documentst00700 - General Conditions.doc Lr MOT: ETT: 1MTWTTr.1WraT= ._ .. -. .. -MIZE- -lm 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 00700-14 F:TEngineering\Capital Projects0217-Powerline RoadMBid Documentst00700 - General Conditions.doc accompanied by a certified copy of such agent's authority to act. C. If the surety on any Bond fumished by COW 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 5.01.61 CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.01. 13 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 . - rM=TM7ZWdM a IN 0 0 MOTAWN IFa- - MMA NONE 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: 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 completed operations 1. claims under workers' compensation, insurance; disability benefits, and other similar employee benefit acts; 00700 - General Conditions 00700-15 F1Engineering\Capital Projects\0217-Powerline Road\Bid Documents\00700 - General Conditions.doc 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 COW 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 5.06 Property Insurance • _�nir. - - - - - - - -- - - 11 . .. -. .- _ .. -raw a .. - - - --MT^1�-T�Tallllls - a- • AN - -MATTISON -1I=FmYM1MT - . 11 .. ..TAZlimi TIVA- AN . Me PON 5.06 Property Insurance 00700 - General Conditions 00700-16 R: Enginsering\Capital Projects\0217-Powerline Road%Bid Documents\00700 - General Conditions -doe • _�nir. - - - -- - 11 . • .. - _ -raw a - - - --MT^1�-T�Tallllls �IME�AWAR�IN&�A�w&WA.AMMqML� a- • AN - -MATTISON -1I=FmYM1MT - . 11 .. AN Me 10 9 IOOFM141�111 1110 Tam 00700 - General Conditions 00700-16 R: Enginsering\Capital Projects\0217-Powerline Road%Bid Documents\00700 - General Conditions -doe _�nir. r_r�-�►s��rra 11 a aa .. - -raw a - - - --MT^1�-T�Tallllls a- -1I=FmYM1MT - . 11 .. AN Me 10 9 IOOFM141�111 1110 00700 - General Conditions 00700-16 R: Enginsering\Capital Projects\0217-Powerline Road%Bid Documents\00700 - General Conditions -doe _�nir. r_r�-�►s��rra 11 a aa .. - -raw a - - - --MT^1�-T�Tallllls a- - . .. AN Pft ild = INN AN �T. Inn 7r.T.MT.3Nl A :,Nd . . - _, 00700 - General Conditions 00700-16 R: Enginsering\Capital Projects\0217-Powerline Road%Bid Documents\00700 - General Conditions -doe 11 a aa .. - -raw a - - - --MT^1�-T�Tallllls a- - . .. AN 00700 - General Conditions 00700-16 R: Enginsering\Capital Projects\0217-Powerline Road%Bid Documents\00700 - General Conditions -doe 11 -raw a - .. AN 00700 - General Conditions 00700-16 R: Enginsering\Capital Projects\0217-Powerline Road%Bid Documents\00700 - General Conditions -doe 5.08 Receipt and Application of Insurance Proceeds 5.09 Acceptance of Bonds and Insurance; Option to Replace Is"MI"r.'rMAITAI -- - - - -- -- . 01110 - . - . - ._ .., - Alm a As ■ - - -AGAAM - .• .. 1 AT - - - - GOAft IA 1' 011011 -A�3111ffift� -- a - - N or Mr qro� - - AM MAGGIM A��E&W 1.11 - - - - -' - - 0. ._AL 5.09 Acceptance of Bonds and Insurance; Option to Replace Is"MI"r.'rMAITAI .11 - - - -- -- . 01110 - . . - Alm ■ - - -AGAAM 1 AT GOAft a - - .. - - - AM MAGGIM A��E&W 1.11 0. ._AL 5.09 Acceptance of Bonds and Insurance; Option to Replace pro . �w :GT:TiT�iTl: TTl�:E111<:T-7E Is"MI"r.'rMAITAI .11 - - - -- -- . 01110 - . . - Alm ■ - - -AGAAM AT GOAft a ._AL AL pro . �w :GT:TiT�iTl: TTl�:E111<:T-7E - - -- -- 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 00700-18 FAEngineering\Capital Projectst0217-Powerline RoadtBid Documents=700 - General Conditions.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: 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 00700-19 RIEnginsering\Capital Project"217-Powerline Road\Bid Documents\00700 - General Conditions.doc 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: 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 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.11 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. Engineers 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. 00700 - General Conditions 00700-20 FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\00700 - General Conditions.doc 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 6.06.13), 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 00700-21 FAEngineering\Capital ProjectMD217-Powerline RoacMid Documents\00700 -General Conditions.doc 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 B. OWNER qualifies for state and local sales tax exemption in the purchase of all material and equipment. 6.11 Use of Site and Other Areas 00700-22 F:\Enginsering\Cepital Projects\0217-Powerline Road%Bid Documents\00700 - General Conditions.doc 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, CAIGINEER's Gei;sulta t 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 00700 - General Conditions .,Ila W -. .- oil t ., .- ME MY—TO mraTZIM M MI mot 'o. B. OWNER qualifies for state and local sales tax exemption in the purchase of all material and equipment. 6.11 Use of Site and Other Areas 00700-22 F:\Enginsering\Cepital Projects\0217-Powerline Road%Bid Documents\00700 - General Conditions.doc 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, CAIGINEER's Gei;sulta t 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 00700 - General Conditions 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 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 14.07.6 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. 00700 - General Conditions 00700-23 FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\00700 - General Conditions.doc 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- 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. 00700-24 FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\00700 - General Conditions.doc 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 00700 - General Conditions ENGINEER. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation 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. COW 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 cavy 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 00700 - General Conditions 00700-25 FAEngineeringlCapital Projects%0217-Powerline RoadlBid Documentst00700 - General Conditions.doc harmless OWNER, ENGINEER, c"Irl.'s Gensultaets, 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 party 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 COW TRACTOR under paragraph 6.20.A shall not extend to the liability of ENGINEER and—ENGlINEER's Gensultantts 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 therefore, 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. party 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. 00700 - General Conditions 00700-26 FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\00700 - General Conditions.doc 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 00700-27 FAEngineering\Capital Projects10217-Powerline Roa"id Documents100700 - General Conditions.doc 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 OWNER Is representative 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 Is 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 COW 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, 00700 - General Conditions 00700-28 FAEngineering%Capital Projects%0217-Powerline Roa(Md Documents\00700 - General Conditions.doc a Claim may be made therefore 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 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 00700 - General Conditions 00700-29 FAEngineering\Capital Projects=17-Powerline Road\Bid Documents\00700 -General Conditions.doc inspections, tests, and approvals that the results 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 00700-30 F:T=ngineering\Capital ProjeotsW217-Powerlins RoedlBid Documents100700 - General Conditions.doc 10. 05 Claims and Disputes A. Notice: Written notice stating the general nature of each Claim, dispute, or other matter shall be 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 of 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 12.02.8. 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 parry, 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 11.01.8. 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. 00700 - General Conditions 00700-31 FAEngineering\Capital Projectst0217-Powerline Road\Bid Documents\00700 - General Conditions.doc 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 00700-32 F1Engineering\Capital Projects\0217-Powerline Road\Bid Documents\00700 - General Conditions.doc 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 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, princk 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. 2. Expenses of CONTRACTOR's princi- pal and branch offices other than CONTRACTOR's office at the Site. 3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for 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 11.01.6. 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. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to paragraphs 11.01.A and 11.01.6, 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. CONTRACTOR's costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. 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 00700-33 F:\Engineedng\Capital Projects\0217-Powerline Road\Bid Documents\00700 - General Conditions.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 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 12.01.6.2, 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: 00700-34 FAEngineering\Capital Projects\0217-Powerline RoadkBid Documentst00700 - General Conditions.doc 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: 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.41 11.01.A.5, and 11.01.6; 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 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. 00700 - General Conditions 00700-35 FIEngineering\Capital Projectst0217-Powerline RoadlBid Doaiments100700 - General Conditions.doc 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 Eli 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 ., -. .. S all 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 Eli 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 00700 - General Conditions 00700-36 Pl Engineering\Capital Projects\0217-Powerline Roa"id Documents\00700 - General Conditions.doc ., -. .. S At - - - -ww All a Fell a----�- �- - - ,1 lv�eA M.Trizillillig"M 0.1 =7 .. . ., 00700 - General Conditions 00700-36 Pl Engineering\Capital Projects\0217-Powerline Roa"id Documents\00700 - General Conditions.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 Is 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. 00,700 - General Conditions 00700-37 FAEnginsering\Capital Projects\0217-Powerline Road\Bid Documents\00700 - General Conditions.doc B. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors, and ENGINEER and ENGINEER's Consultants access to the Site to enable OWNER to exercise the rights and remedies under this paragraph. C. 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) incurred or sustained by OWNER in exercising the rights and remedies under this paragraph 13.09 will be charged against COW TRACTOR, and 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. If the parties are unable to agree as to the amount of the adjustment, OWNER may make a Claim therefor as provided in paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of CONTRACTOR's defective Work. D. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies under this paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The schedule of values established as provid- ed in paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGI- NEER. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that OWNER has received the materials and equip- ment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect OWNER's interest therein, all of which must be satisfactory to OWNER. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied on account to discharge CONTRACTOR's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. ENGINEER will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CON- TRACTOR may make the necessary corrections and resubmit the Application. 2. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on 00700 - General Conditions 00700-38 F:\Engineering\Capital Projects\0217-Powerline Road\Bid Documents\00700 - General Conditions.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 Is 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 00700-39 FAEngineering\Capital Projects\0217-Powerline RoadOd Documents100700 - General Conditions.doc 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 14.02.8.2. 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 C. Payment Becomes Due D. Reduction in Payment 1. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 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 "IW =1=27r"TIEW07=1 . ., - WWW"M 0014 M ~W - - --A - WW - = - I III D. Reduction in Payment 1. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 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 Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens; c. there are other items entitling OWN- 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's 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. 00700 - General Conditions 00700-40 F:tEngineering%Captal Projects10217-Powerline Road%Bid Documents\00700 - General Conditions.doc 14.04 Substantial Completion 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. 00700-41 FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\00700 - General Conditions.doc 1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER 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. 00700 - General Conditions