837004waterAllegany.pdf

INFO ONLY - N

OT FOR BID

TRIMBLE ROAD WATER MAIN EXTENSION

CONTRACT NO. W-60

TABLE OF CONTENTS

Page

Table of Contents - Advertisement for Bids 1 Information for Bidders 3 Bid Proposal 5 Bid Bond 8 Affidavit of Qualification to Bid 10 Agreement 12 Performance Bond 16 Payment Bond 18 Notice of Award 20 Notice to Proceed 21 Change Order 22 Waiver of Liens 23 Affidavit by General/Prime Contractors 24 Certification by General/Prime Contractor 25

General Conditions Supplementary Conditions

Technical Specifications Division 15 – Piping and Appurtenances Division 17 – Measurement and Payment

Appendix A - Contractor’s Qualification Statement Appendix B - Maryland Department of the Environment AMLD General Requirements Appendix C - Davis-Bacon Wage Rates Appendix D - Potomac Edison Details Appendix E - Design Pump Curve

INFORMATION FOR BIDDERS

BIDS will be received by Allegany County Commissioners (herein called the “OWNER”), at 701 Kelly Road, Suite 407, Cumberland, Maryland 21502 until Wednesday, September 9, 2026, at 3:00 p.m. and then at said office publicly opened and read aloud.

Each BID must be submitted in a sealed envelope, addressed to Allegany County Commissioners at 701 Kelly Road, Suite 407, Cumberland, Maryland 21502. Each sealed envelope containing a BID must be plainly marked on the outside as BID for the Trimble Road Water Main Extension, Contract W-60 and the envelope should bear on the outside the BIDDER’S name, address, and license number if applicable, and the name of the project for which the BID is submitted. If forwarded by mail, the sealed envelope containing the BID must be enclosed in another envelope addressed to the OWNER at Allegany County Commissioners, 701 Kelly Road, Suite 407, Cumberland, Maryland 21502.

All BIDS must be made on the required BID form. All blank spaces for BID prices must be filled in, in ink or typewritten, and the BID form must be fully completed and executed when submitted. Only one copy of the BID form is required.

The OWNER may waive any informalities or minor defects or reject any and all BIDS.

Any BID may be withdrawn prior to the above scheduled time for the opening of BIDS or authorized postponement thereof. Any BID received after the time and date specified shall not be considered. No BIDDER may withdraw a BID within 180 days after the actual date of the opening thereof. Should there be reasons why the contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the OWNER and the BIDDER.

BIDDERS must satisfy themselves of the accuracy of the estimated quantities in the BID Schedule by examination of the site and a review of the drawings and specifications including ADDENDA. After BIDS have been submitted, the BIDDER shall not assert that there was a misunderstanding concerning the quantities of WORK or of the nature of the WORK to be done.

The OWNER shall provide to BIDDERS prior to BIDDING, all information which is pertinent to, and delineates and describes, the land owned and rights-of-way acquired or to be acquired.

The CONTRACT DOCUMENTS contain the provisions required for the construction of the PROJECT. Information obtained from an officer, agent, or employee of the OWNER or any other person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve the contractor from fulfilling any of the conditions of the contract.

Each BID must be accompanied by a BID bond payable to the OWNER for five percent of the total amount of the BID. As soon as the BID prices have been compared, the OWNER will return the BONDS of all except the three lowest responsible BIDDERS.

When the Agreement is executed, the bonds of the two remaining unsuccessful BIDDERS will be returned. The BID BOND of the successful BIDDER will be retained until the payment BOND and performance BOND have been executed and approved, after which it will be returned. A certified check may be used in lieu of a BID BOND.

The NOTICE TO PROCEED shall be issued within ten (10) days of the execution of the Agreement by the OWNER. Should there be reasons why the NOTICE TO PROCEED cannot be issued within such period, the time may be extended by mutual agreement between the OWNER and CONTRACTOR. If the NOTICE TO PROCEED has not been issued within the ten (10) day period or within the period mutually agreed upon, the CONTRACTOR may terminate the Agreement without further liability on the part of either party.

The OWNER may make such investigations as deemed necessary to determine the ability of the BIDDER to perform the WORK, and the BIDDER shall furnish to the OWNER all such information and data for this purpose as the OWNER may request. The OWNER reserves the right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the OWNER that such BIDDER is properly qualified to carry out the obligations of the Agreement and to complete the WORK contemplated therein.

All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the PROJECT shall apply to the contract throughout.

Each BIDDER is responsible for inspecting the site and for reading and being thoroughly familiar with the CONTRACT DOCUMENTS. The failure or omission of any BIDDER to do any of the foregoing shall in no way relieve any BIDDER from any obligation in respect to its BID.

Further, the BIDDER agrees to abide by the requirements under Executive Order No.

11246, as amended, including specifically the provisions of the equal opportunity clause set forth in these Specifications.

A pre-bid meeting for prospective BIDDERS will be held at the Allegany County Office Complex, 701 Kelly Road, Cumberland, Maryland 21502 at 9:00 a.m. on August 19, 2026.

Bidder attendance is not required but is suggested.

The ENGINEER is Allegany County Department of Public Works. The ENGINEER’s address is 701 Kelly Road, Suite 300, Cumberland, Maryland 21502.

BID

Proposal of (hereinafter called "BIDDER", organized and existing under the laws of the State of doing business as .*

To the Allegany County Commissioners, 701 Kelly Road, Suite 407, Cumberland, MD. 21502

(hereinafter called "OWNER").

In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all

WORK for the construction of the Trimble Road Water Main Extension, Contract W-60 in strict accordance with the CONTRACT DOCUMENTS, within the time set forth therein, and at the prices stated below.

By submission of this BID, each BIDDER certifies, and in the case of a joint BID each party thereto certifies as to his own organization, that this BID has been arrived at independently, without consultation, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor.

BIDDER hereby agrees to commence WORK under this contract on or before a date to be specified in the NOTICE TO PROCEED and to fully complete the PROJECT within 75 consecutive calendar days thereafter, BIDDER further agrees to pay as liquidated damages, the sum of $ 150.00 for each consecutive calendar day thereafter.

BIDDER acknowledges receipt of the following ADDENDUM:

Bid Schedule

Item No. Item Description Estimated

Quantity Unit Unit Price Total Price

1 Mobilization 1 LS $ $ 2 Tie Into Existing Main 1 EA $ $ 3 3" HDPE SDR9 Water Main 1300 LF $ $ 4 2” HDPE SDR9 Water Main 1750 LF $ $ 5 1” Service Polyethylene Line 25 LF $ $ 6 Air Release Valve 1 EA $ $ 7 Auto Flusher 1 EA $ $ 8 Tie Into Existing Service 2 EA $ $ 9 CR-6 Trench Stone 500 CY $ $ 10 CR-6 Driveway Stone 40 TN $ $ 11 Hot Mix Asphalt - Patch 200 TN $ $ 12 Hot Mix Asphalt - Overlay 150 TN $ $ 13 Water Meter Complete 2 EA $ $ 14 Booster Station and Vault 1 LS $ $ 15 Erosion and Sediment Control 1 LS $ $ 16 Traffic Control 1 LS $ $ 17 2” Gate Valve and Box 1 EA $ $ 18 Casing Under Scenic RR 1 LS $ $ 19 Test Pit Excavation (Contingent) 5 CY $ $ 20 Rock Excavation (Contingent) 5 CY $ $

Lowest, responsible, responsive overall bid (Items 1-20) will be used as basis for award.

TOTAL PRICE:

Note: Bids shall include sales tax and all other applicable taxes and fees.

Time of Completion: 75 calendar days Liquidated damages: $150 per calendar day.

Respectfully Submitted:

Signature Address

Title Date

Phone No.

License No. (if applicable) Fax No.

SEAL (If BID is by a corporation) ________________________________________

Email Address

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned as Principal, and as Surety, are hereby held and firmly bound unto the Allegany

County Commissioners as OWNER in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns.

Signed, the day of , 2026.

The Condition of the above obligation is such that whereas the Principal has submitted to a certain BID, attached hereto and hereby made a part hereof to enter into a contract in writing, for the Trimble Road Water Main Extension, Contract W-60________________

NOW, THEREFORE,

(a) If said BID shall be rejected, or

(b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the

Form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect: it being expressly understood and agreed that the liability of the Surety for any all claims hereunder shall, in no event, exceed the penal amount of the obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID: and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

(L.S.)

Principal

Surety

By:

AFFIDAVIT OF QUALIFICATION TO BID

I hereby affirm that

1. I am the and the duly authorized (Title) representative of the firm of _______________

(Name of Corporation) whose address is _________________________ and that I possess the legal authority to make this affidavit on behalf of myself and the firm for which I am acting.

2. Except as described in paragraph 3 below, neither I nor the above firm, nor to the best of my knowledge, any of its officers, directors, or partners, or any of its employees directly involved in obtaining contracts with the State or any county, bi-county or multi-county agency, or subdivision of the State have been convicted of or have pleaded nolo contendere to a charge of, or have during the course of an official investigation or other proceeding admitted in writing or under oath acts of omissions which constitute bribery, attempted bribery, or conspiracy to bribe under the provisions of Article 27 of the

Annotated Code of Maryland or under the laws of any state or the federal government

(conduct prior to July 1, 1977 is not required to be reported).

3. (State "none" or, as appropriate, list any conviction, plea, or admission described in paragraph 2 above, with the date; court, official, or administrative body: the individuals involved and their position with the firm, and the sentence or disposition, if any.)

I acknowledge that this affidavit is to be furnished to the Allegany County Commissioners and, where appropriate, to the Board of Public Works and to the Attorney General under section 16D of Article 78A of the Annotated Code of Maryland. I acknowledge that, if the representations set forth in the affidavit are not true and correct, the Allegany County

Commissioners may terminate any contract awarded and take any other appropriate action. I further acknowledge that I am executing this affidavit in compliance with section

16D of Article 78A of the Annotated Code of Maryland, which provides that certain persons who have been convicted of or have admitted to bribery, attempted bribery, or conspiracy to bribe may be disqualified, either by operation of law or after a hearing, from entering into contracts with the State or any of its agencies or sub-division. I do solemnly declare and affirm under the penalties or perjury that the contents of the affidavit are true and correct.

(Signature)

(Date)

AGREEMENT

THIS AGREEMENT, made this __ day of 2026, by and between the Allegany County Commissioners, hereinafter called "OWNER" and doing business as [an individual,] or [a partnership], or [a corporation] hereinafter called "CONTRACTOR".

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:

1. The CONTRACTOR will commence and complete the furnishing and delivery of the

Trimble Road Water Main Extension, Contract W-60.

2. The CONTRACTOR will furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the PROJECT described herein.

3. The CONTRACTOR will commence the work required by the CONTRACT

DOCUMENTS within 10 calendar days after the date of the NOTICE TO PROCEED and will complete the same within 75 calendar days unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS.

4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT

DOCUMENTS and comply with the terms therein for the sum of _$ ( ) or as shown in the BID schedule.

5. The term "CONTRACT DOCUMENTS" means and includes the following:

(A) ADVERTISEMENT FOR BIDS

(B) INFORMATION FOR BIDDERS

(C) BID PROPOSAL

(D) BID BOND

(E) AFFIDAVIT OF QUALIFICATION

(F) AGREEMENT

(G) PERFORMANCE BOND 12

(H) PAYMENT BOND

(I) NOTICE OF AWARD

(J) NOTICE TO PROCEED

(K) CHANGE ORDER

(L) WAIVER OF LIENS

(M) AFFIDAVIT BY GENERAL/PRIME CONTRACTORS

(N) CERTIFICATION BY GENERAL/PRIME CONTRACTOR

(O) GENERAL CONDITIONS

(P) SUPPLEMENTAL GENERAL CONDITIONS

(Q) TECHNICAL SPECIFICATIONS

(R) APPENDIX A

(S) APPENDIX B

(T) APPENDIX C

(U) APPENDIX D

(V) APPENDIX E

(W) CONSTRUCTION PLANS issued by Allegany County Department of Public Works dated August, 2026.

(X) ADDENDA:

No. _______, dated _ __, 2026

No. , dated __, 2026

6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT

DOCUMENTS. Retainage of five (5) percent shall be withheld from all payments due to the Contractor. Upon substantial completion of the work, the amount of retainage may be reduced at the Owner’s discretion.

7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns.

IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in

(four (4) ) each of which shall be deemed an original on the date first (Number of copies) above written.

OWNER:

__Allegany County Commissioners___

BY: ___________________________

NAME: ___Jason M. Bennett_______

TITLE: __County Administrator______

(SEAL)

ATTEST:

NAME: ______________________

(Please Type)

TITLE _______________________

CONTRACTOR:

BY: __________________________

NAME: _______________________

(Please Type)

ADDRESS: ___________________

(SEAL)

ATTEST:

NAME: _____________________

(Please Type)

TITLE: _____________________

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor) a _________________ , hereinafter called Principal, and

(Name of Surety)

(Address of Surety) hereinafter called Surety, are held and firmly bound unto

The Allegany County Commissioners

701 Kelly Road, Suite 407, Cumberland, MD 21502 hereinafter called OWNER, in the penal sum of ______________________________ in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , 2026, a copy of which is hereto attached and made a part hereof for the construction of: Trimble Road Water Main Extension, Contract W-60

NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, convenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED FURTHER, that 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 WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise effect its obligation 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.

PROVIDED FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in four (4)

(Number) counterparts, each one which shall be deemed an original, this the day of , 2026.

ATTEST:

(Principal) Secretary By (S)

(SEAL)

(Witness as to Principal) (Address)

(Address)

(Surety)

ATTEST: By

(Surety) Secretary

By Witness as to Surety Attorney-in-Fact

(Address) (Address)

NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND.

IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the PROJECT is located.

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor) a ________________ , hereinafter called Principal, and (Name of surety)

(Address of surety) hereinafter called Surety, are held and firmly bound unto

The Allegany County Commissioners (Name of Owner) 701 Kelly Road, Suite 407, Cumberland, MD 21502 _____ (Address Owner) hereinafter called OWNER, in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by the presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 2026, a copy of which is hereto attached and made a part hereof for the construction of:

Trimble Road Water Main Extension, Contract W-60

NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for and performing labor in the prosecution of the WORK provided for in such contract, And any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect

PROVIDED FURTHER, that said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on the 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.

PROVIDED FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in four (4)

(Number) counterparts, each one which shall be deemed an original, this the day of ,2026.

ATTEST:

(Principal) Secretary

By (S)

(Witness as to Principal)

Surety

ATTEST: By ____ Attorney-in-Fact

Witness as to Surety (Address

NOTE: Date of BOND must not be prior to date of Contract.

If CONTRACTOR is Partnership, all partners should execute BOND.

IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the PROJECT is located.

NOTICE OF AWARD

To: _____________________

PROJECT Description: Trimble Road Water Main Extension, Contract W-60

The OWNER has considered the BID submitted by you dated: ________________for the above-described WORK in response to its ADVERTISEMENT for Bids and Information for Bidders.

You are hereby notified that your BID has been accepted for items in the amount of:____________.

You are required by the Information for Bidders to execute the Agreement and furnish the required CONTRACTOR'S Performance Bond, Payment Bond and certificates of insurance within ten (10) calendar days from the date of this Notice to you.

If you fail to execute said Agreement and to furnish said BONDS within ten (10) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned and as a forfeiture to your BID BOND. The OWNER will be entitled to such other rights as may be granted by law.

You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER.

Dated this day of , 2026.

Allegany County Commissioners Owner

Jason M. Bennett, CPA Title: County Administrator

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE OF AWARD is hereby acknowledged by, ______________________________ this the day of ______.

By

Title

NOTICE TO PROCEED

To _____________________________ Date:________________

Project: Trimble Road Water Main Extension, Contract W-60

You are hereby notified to commence WORK in accordance with the AGREEMENT dated _________________, 2026, on or before _____________ , 2026 and you are to complete the WORK within _ 75 consecutive calendar days thereafter.

The date of completion of all WORK is therefore ________, 2026.

Owner

Adam Patterson, P.E.

Title: Director of Public Works

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE TO PROCEED is hereby acknowledged by:

this the day of

Title________

CHANGE ORDER

Order No. Date: _____________

Agreement Date: _____________

NAME OF PROJECT: Contract W-60 – Trimble Road Water Main Extension

OWNER: _________________________________ CONTRACTOR: _________________________________

The following changes are hereby made to the CONTRACT DOCUMENTS: ___________________________

Justification: _____________________________________________________________________________

Change to CONTRACT PRICE:

• Original CONTRACT PRICE: $ _______________

• Original CONTRACT PRICE adjusted by previous CHANGE ORDER $ _______________

• The CONTRACT PRICE due to this CHANGE ORDER will be (increased) (decreased) by: $ _______________

• The new CONTRACT PRICE including this CHANGE ORDER will be $ _______________

Change to CONTRACT TIME:

• The CONTRACT TIME will be (increased) (decreased) by ___ calendar days.

• The resulting date for completion of all work will be _______________ (revised date).

Approvals Required:

• Requested by: _________________________________ Date: _____________

• Recommended by: _____________________________ Date: _____________

• Ordered by: __________________________________ Date: _____________

• Accepted by: _________________________________ Date: _____________

To be submitted by sub-contractor and/or material supplier, and returned to prime/general contractor

Cumberland, Maryland 21502

WAIVER OF LIENS

We, the undersigned, are general/prime, subcontractors, or sub-subcontractors, materialmen or other persons furnishing services or labor or materials, as indicated under our respective signatures below, in the construction or repair of improvements upon real estate owned by Allegany County and described as follows:

Trimble Road Water Main Extension, Contract W-60

In consideration of the sum $1.00 to us in hand paid, receipt whereof is hereby acknowledged and other benefits accruing to us we do hereby waive, release and quit-claim all right that we, or any of us may now or hereafter have to a lien upon the land and improvements above described by virtue of the laws of the State of Maryland, or any amendments of said laws; and we do further warrant that we have not and will not assign for payment, nor our right to perfect a lien against said property and that we have the right to execute this Waiver and Release thereof.

The subscriber to this instrument warrants that all laborers employed upon the aforesaid premises have been fully paid, and that none of such laborers have any claim, demand or lien against said premises; and further, that no chattel mortgage, conditional bill of sale or retention of title agreement has been given or executed by said owner or any general contractor or other party or any of us, for or in connection with any material, appliances, machinery, fixtures or furnishings placed upon or installed in the aforesaid premises by any of us.

It is understood and agreed that any and all signatures hereto are for all services rendered, work done and material furnished heretofore and hereafter by the signers in any and all capacities, and are not understood to be only for the brief description listed as Phase of Prime Contract.

Witness the following signature(s) and seal this day of , 20

Phase of Prime Contract:

Amount of Claim Paid $____________or Unpaid $_____________

In Presence of: INDIVIDUAL PRINCIPAL

Witness (SEAL)

CO-PARTNERSHIP PRINCIPAL

In presence of:

(Name of co-partnership) Witness as to By (SEAL)

(Partner) as to (SEAL)

(Partner) as to (SEAL)

(Partner) as to (SEAL)

CORPORATE PRINCIPAL

Affix Attest: Corporate

By ______________________________________________ Seal Corporate Secretary President

CONTRACT NO. W-60

Allegany County Department of Public Works 701 Kelly Road Cumberland, Maryland

AFFIDAVIT BY GENERAL/PRIME CONTRACTORS

State of Maryland of to Wit:

I, , having been first duly sworn, doth now depose and say:

That the persons, firms and corporations who have executed the Waivers of Liens attached being:

(Continued next Column) are all of the persons, firms and corporations who have furnished services, labor or materials in the construction or repair of improvements on the real estate described in said waivers, and that, as of the date of this Affidavit, such work has been fully completed.

INDIVIDUAL PRINCIPAL

By (SEAL)

(Partner)

(SEAL)

(Partner

(SEAL)

(Partner)

Affix By . Corporate

Seal

Title

Subscribed and sworn to be before the undersigned, a Notary Public for the of, State of , in said this day , 20 .

Notary Public

G e n e r a l P r i m e

C o n t r a c t o r

Allegany County Commissioners Contract No. W-60 Cumberland, Maryland 21502

CERTIFICATION OF GENERAL/PRIME CONTRACTOR

STATE OF

ss:

COUNTY OF

, being duly sworn deposes and says:

1. I am of , a corporation of

: a co-partnership composed :

an individual trading as (hereinafter called "contractor")

2. Contractor heretofore entered into a contract with Allegany County (hereinafter called "owner"), to furnish materials, machinery and equipment and/or to perform labor necessary for the construction of buildings and/or repair or alteration of buildings, structures or machinery and equipment and/or construction or installation of facilities, all as more specifically described in said contract on the land and property of the owner located at

3. In connection with the request of said contractor for a final payment, it is hereby certified that all work, labor, materials, machinery and equipment furnished by the contractor have been fully paid for by the contractor and that there are no amounts unpaid in favor of any sub-subcontractor, subcontractor or materialman or any other person furnishing labor and materials to said contractor and utilized in the performance of the obligations of the contractor under the aforementioned contract on the basis of which any lien (commonly called a mechanic's or materialman's lien) has been or can be filed for work done or materials, machinery or equipment furnished in said buildings, structures, machinery, equipment, property or facilities or any part thereof of the owner.

4. It is further certified that all federal and state taxes required to be withheld from employees have been withheld in the manner provided by law.

5. All vouchers, receipts and other evidence of payment with respect to claims of third persons against the contractor, arising out of, connected with or resulting from performance of the contractor of his obligations under the contract documents or which relate to a lien against the project or any part thereof or any other property of the owner include any and all claims of any description, kind or nature up to and including the date of this affidavit.

6. Receipt by the contractor of the final payment under the aforementioned contract, shall constitute a full release and discharge by the contractor to the owner of any and all claims of the contractor against the owner, arising out of, connected with or resulting from performance of the obligations of the contractor pursuant to the contract documents.

INDIVIDUAL PRINCIPAL

Affix

By ________________________________________ Corporate Seal

Title

Subscribed and sworn to before the undersigned, a Notary public for the of

, State of , in said this day of , 20

Notary Public

EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i

STANDARD GENERAL CONDITIONS OF THE

CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page Article 1 – Definitions and Terminology

1.01 Defined Terms

1.02 Terminology

Article 2 – Preliminary Matters

2.01 Delivery of Bonds and Evidence of Insurance

2.02 Copies of Documents

2.03 Before Starting Construction

2.04 Preconstruction Conference; Designation of Authorized Representatives

2.05 Initial Acceptance of Schedules

2.06 Electronic Transmittals

Article 3 – Documents: Intent, Requirements, Reuse

3.01 Intent

3.02 Reference Standards

3.03 Reporting and Resolving Discrepancies

3.04 Requirements of the Contract Documents

3.05 Reuse of Documents

Article 4 – Commencement and Progress of the Work

4.01 Commencement of Contract Times; Notice to Proceed

4.02 Starting the Work

4.03 Reference Points

4.04 Progress Schedule

4.05 Delays in Contractor’s Progress

Article 5 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions

5.01 Availability of Lands

5.02 Use of Site and Other Areas

5.03 Subsurface and Physical Conditions

5.04 Differing Subsurface or Physical Conditions

5.05 Underground Facilities

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page ii

5.06 Hazardous Environmental Conditions at Site

Article 6 – Bonds and Insurance

6.01 Performance, Payment, and Other Bonds

6.02 Insurance—General Provisions

6.03 Contractor’s Insurance

6.04 Owner’s Liability Insurance

6.05 Property Insurance

6.06 Waiver of Rights

6.07 Receipt and Application of Property Insurance Proceeds

Article 7 – Contractor’s Responsibilities

7.01 Supervision and Superintendence

7.02 Labor; Working Hours

7.03 Services, Materials, and Equipment

7.04 “Or Equals”

7.05 Substitutes

7.06 Concerning Subcontractors, Suppliers, and Others

7.07 Patent Fees and Royalties

7.08 Permits

7.09 Taxes

7.10 Laws and Regulations

7.11 Record Documents

7.12 Safety and Protection

7.13 Safety Representative

7.14 Hazard Communication Programs

7.15 Emergencies

7.16 Shop Drawings, Samples, and Other Submittals

7.17 Contractor’s General Warranty and Guarantee

7.18 Indemnification

7.19 Delegation of Professional Design Services

Article 8 – Other Work at the Site

8.01 Other Work

8.02 Coordination

8.03 Legal Relationships

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Article 9 – Owner’s Responsibilities

9.01 Communications to Contractor

9.02 Replacement of Engineer

9.03 Furnish Data

9.04 Pay When Due

9.05 Lands and Easements; Reports, Tests, and Drawings

9.06 Insurance

9.07 Change Orders

9.08 Inspections, Tests, and Approvals

9.09 Limitations on Owner’s Responsibilities

9.10 Undisclosed Hazardous Environmental Condition

9.11 Evidence of Financial Arrangements

9.12 Safety Programs

Article 10 – Engineer’s Status During Construction

10.01 Owner’s Representative

10.02 Visits to Site

10.03 Project Representative

10.04 Rejecting Defective Work

10.05 Shop Drawings, Change Orders and Payments

10.06 Determinations for Unit Price Work

10.07 Decisions on Requirements of Contract Documents and Acceptability of Work

10.08 Limitations on Engineer’s Authority and Responsibilities

10.09 Compliance with Safety Program

Article 11 – Amending the Contract Documents; Changes in the Work

11.01 Amending and Supplementing Contract Documents

11.02 Owner-Authorized Changes in the Work

11.03 Unauthorized Changes in the Work

11.04 Change of Contract Price

11.05 Change of Contract Times

11.06 Change Proposals

11.07 Execution of Change Orders

11.08 Notification to Surety

Article 12 – Claims

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12.01 Claims

Article 13 – Cost of the Work; Allowances; Unit Price Work

13.01 Cost of the Work

13.02 Allowances

13.03 Unit Price Work

Article 14 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work

14.01 Access to Work

14.02 Tests, Inspections, and Approvals

14.03 Defective Work

14.04 Acceptance of Defective Work

14.05 Uncovering Work

14.06 Owner May Stop the Work

14.07 Owner May Correct Defective Work

Article 15 – Payments to Contractor; Set-Offs; Completion; Correction Period

15.01 Progress Payments

15.02 Contractor’s Warranty of Title

15.03 Substantial Completion

15.04 Partial Use or Occupancy

15.05 Final Inspection

15.06 Final Payment

15.07 Waiver of Claims

15.08 Correction Period

Article 16 – Suspension of Work and Termination

16.01 Owner May Suspend Work

16.02 Owner May Terminate for Cause

16.03 Owner May Terminate For Convenience

16.04 Contractor May Stop Work or Terminate

Article 17 – Final Resolution of Disputes

17.01 Methods and Procedures

Article 18 – Miscellaneous

18.01 Giving Notice

18.02 Computation of Times

18.03 Cumulative Remedies

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18.04 Limitation of Damages

18.05 No Waiver

18.06 Survival of Obligations

18.07 Controlling Law

18.08 Headings

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ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents.

2. Agreement—The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents.

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. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

5. Bidder—An individual or entity that submits a Bid to Owner.

6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all Addenda.

7. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments.

8. Change Order—A document 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, or other revision to the Contract, issued on or after the Effective Date of the Contract.

9. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract.

10. Claim—(a) A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein: seeking an adjustment of Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer’s decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract; or (b) a demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer’s decision regarding a Change Proposal; or seeking resolution of a contractual issue that Engineer

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 65 has declined to address. A demand for money or services by a third party is not a Claim.

11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material.

12. Contract—The entire and integrated written contract between the Owner and Contractor concerning the Work.

13. Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract.

14. Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. .

15. Contract Times—The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work.

16. Contractor—The individual or entity with which Owner has contracted for performance of the Work.

17. Cost of the Work—See Paragraph 13.01 for definition.

18. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor.

19. Effective Date of the Contract—The date, indicated in the Agreement, on which the Contract becomes effective.

20. 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 does not change the Contract Price or the Contract Times.

22. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition.

23. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.

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24. Liens—Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property.

25. Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date or by a time prior to Substantial Completion of all the Work.

26. Notice of Award—The written notice by Owner to a Bidder of Owner’s acceptance of the Bid.

27. Notice to Proceed—A written notice 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.

28. Owner—The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract.

29. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times.

30. Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part.

31. Project Manual—The written documents prepared for, or made available for, procuring and constructing the Work, including but not limited to the Bidding Documents or other construction procurement documents, geotechnical and existing conditions information, the Agreement, bond forms, General Conditions, Supplementary Conditions, and Specifications. The contents of the Project Manual may be bound in one or more volumes.

32. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative or “RPR” includes any assistants or field staff of Resident Project Representative.

33. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged.

34. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer’s review of the submittals and the performance of related construction activities.

35. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment.

36. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents.

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37. 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, and such other lands furnished by Owner which are designated for the use of Contractor.

38. Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work.

39. 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.

40. 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.

41. Successful Bidder—The Bidder whose Bid the Owner accepts, and to which the Owner makes an award of contract, subject to stated conditions.

42. Supplementary Conditions—The part of the Contract that amends or supplements these General Conditions.

43. 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 a Subcontractor.

44. Technical Data—Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (a) subsurface conditions at the Site, or physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) or (b) Hazardous Environmental Conditions at the Site.

If no such express identifications of Technical Data have been made with respect to conditions at the Site, then the data contained in boring logs, recorded measurements of subsurface water levels, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical or environmental report prepared for the Project and made available to Contractor are hereby defined as Technical Data with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06.

45. 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 but not limited to those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

46. Unit Price Work—Work to be paid for on the basis of unit prices.

47. Work—The entire construction or the various separately identifiable parts thereof required 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; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents.

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48. Work Change Directive—A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work.

1.02 Terminology

A. The words and terms discussed in the following paragraphs are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning.

B. Intent of Certain Terms or Adjectives:

1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer.