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2011 Agreement.tif
PROJECT MANUAL FOR MASHTA ISLAND RESURFACING IMPROVEMENTS VILLAGE OF KEY BISCAYNE Mayor: Franklin Caplan Vice Mayor: Michael E. Kelly Councilmembers: Michael Davey Enrique Garcia Robert Gusman Mayra Pena Lindsay James Taintor Village Manager: Village Attorney: Village Clerk: Genaro "Chip" Iglesias Weiss, Serota, Helfman et al. Conchita H. Alvarez, MMC February 2011 C3TS Project No.: 01108-023.08.03 Engineers• Architects • Planners 901 Ponce de Leon Boulevard, Suite 900 • Coral Gables, Florida 33134 • Telephone No. 305.445.2900 TABLE OF CONTENTS Section Description 00020 NOTICE OF BID INVITATION 00200 INSTRUCTIONS TO BIDDERS 00300 PROPOSAL 00350 CONTRACTOR'S QUESTIONNAIRE 00410 BID BOND 00500 CONTRACT FOR CONSTRUCTION 00610 PERFORMANCE BOND 00620 PAYMENT BOND 00650 CERTIFICATE OF INSURANCE 00660 ACKNOWLEDGMENT OF CONFORMANCE WITH OSHA STANDARDS 00665 TRENCH SAFETY ACT COMPLIANCE 00700 GENERAL CONDITIONS 00800 SUPPLEMENTARY CONDITIONS 00900 ADDENDUM DIVISION 1 - GENERAL REQUIREMENTS 01000 SPECIAL CONDITIONS 01010 SUMMARY OF WORK 01025 MEASUREMENT AND PAYMENT 01340 SUBMITTALS AND SUBSTITUTIONS 01550 MAINTENANCE OF TRAFFIC 01640 PRODUCT HANDLING TC - 1 1108-023.08.03 Section Description DIVISION 2 - SITE WORK 02010 SUBSURFACE INVESTIGATION 02151 SHORING AND BRACING OF EXCAVATION 02201 EARTHWORK FOR UTILITY STRUCTURES 02221 TRENCHING, BEDDING, AND BACKFILL FOR PIPE 02223 EXCAVATION BELOW NORMAL GRADE AND GRAVEL REFILL 02576 PAVING AND RESURFACING DIVISION 3 - CONCRETE 03250 CAST -IN -PLACE CONCRETE SIDEWALKS, CURBS, CURBS & GUTTER, CROSSWALKS AND MISCELLANEOUS CONCRETE APPENDIX A CONSTRUCTION PLANS TC - 2 1108-023.08.03 NOTICE OF BID INVITATION VILLAGE OF KEY BISCAYNE The Village of Key Biscayne will receive sealed proposals until 2:00 P.M. local time, March 21st, 2011 at the Village Clerk's office, Suite 220, Village of Key Biscayne Village Hall, 88 W. McIntyre Street, Key Biscayne, Florida 33149, for the following project: MASHTA ISLAND RESURFACING IMPROVEMENTS Project involves 1" Asphalt resurfacing of all roads on Mashta Island, and a 3/4" resurfacing of the asphalt path at the Village Green. The work also includes limited milling, asphalt repairs, regrading and restriping. Bids will be opened publicly at or shortly after 2:05 P.M. on March 21st 2011 at the Village Clerk's office, Suite 220, Village of Key Biscayne Village Hall, 88 W. McIntyre Street, Key Biscayne, Florida 33149. Bid documents may be obtained in person on or after Monday, February 14th, 2011 from Village Clerk's office, Suite 220, at the Village of Key Biscayne Village Hall, 88 W. McIntyre Street, Key Biscayne, Florida 33149. The Village will not send the package via courier and it will not be available online. A $35.00 non-refundable deposit per set of plans and specifications is required. The bid will be awarded to the lowest responsible responsive bidder. If, however, the Village Manager deems it to be in the best interest of the Village of Key Biscayne, the Village of Key Biscayne reserves the right to reject any and all bids, to waive any informalities or minor defects in any bids, and to increase or decrease the quantities shown in the Bid Form. Bids, which contain irregularities of any kind, may be rejected as informal. A mandatory pre -bid conference will be held at the Village of Key Biscayne Village Hall, Building and Zoning Conference Room, Suite 250, 88 W. McIntyre Street, Key Biscayne, Florida 33149, at 10:00 A.M. local time on Wednesday, March 9th, 2011. All interested contractors are invited to attend. The Local Agency of the Village of Key Biscayne hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, Disadvantaged Business Enterprise will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, gender, religion, age, disability, marital status or national origin in consideration for an award. Conchita H. Alvarez, MMC Village Clerk 00020-1 01108-023.08.03 SECTION 00200 INSTRUCTIONS TO BIDDERS 1 BID FORM All bids must be submitted in conformity with the requirements of the Project Manual and on the Bid Form included herewith (Section 300) including non -collusion affidavit and certification regarding debarment. Also include the Contractor's Questionnaire (Section 00350, with copies of applicable licenses and certifications, latest financial statement, and a list of similar projects completed), and Bid Bond (Section 00410). The bids shall be placed in sealed envelopes, marked on the outside with the Contractor's name, address, phone number and Project Name, with the works 'SEALED BID" clearly marked on the outside. Bids which contain irregularities of any kind, or incomplete bids, may be rejected as informal. 2. BID GUARANTY The bid must be accompanied by a Bid Guaranty which shall be for an amount equal to five percent (5%) of the proposal (base bid plus both additive alternates), and at the option of the bidder may be a certified check, cashier's check, or bid bond. Cash deposits will not be accepted. The Guaranty shall be forfeited if the successful bidder fails to enter into a contract in the form shown within ten (10) working days of the Notice of Award of the Contract. The checks and bid bonds of all except the three lowest bidders will be returned immediately after the opening of bids, and the remaining checks or Bid Bonds will be returned within ten (10) working days after the signing of the contract by the successful bidder. 3. TIME FOR RECEIVING BIDS Bids received prior to the time of opening shall be securely kept, unopened. All bids shall be delivered to the Village Clerk's office, Village of Key Biscayne Village Hall, 88 W. McIntyre Street, Key Biscayne, Florida, 33149. No bids will be received after 2:00 P.M. on date of bid opening. 4. QUESTIONS' DEADLINE Deadline for submitting questions is Thursday, March 10th, 2011, 5:00 p.m. All questions shall be submitted in writing by letter or fax to the Engineer. 5. WITHDRAWAL OF BIDS Bids may not be withdrawn for a period of sixty (60) days from the opening thereof. 6. BIDDERS PRESENT At or shortly after 2:05 P.M. on Monday, March 21St, 2011, the bids will be opened and their contents will be made public for the information of the bidders and others properly interested, who may be present either in person or by representative. 7 AWARD OF CONTRACT The contract will be awarded not later than sixty (60) days from the bid opening date to the lowest responsible, responsive bidder, complying with the conditions of the Notice of Bid Invitation, provided the bid is reasonable, and it is in the interest of the Village to accept it. 00200-1 01108-023.08.03 The Village however, reserves the right to reject any or all bids. 8. BASIS OF AWARD The award of bid will be made to the lowest responsible responsive bidder possessing the qualifications to complete the project. 9. QUALIFICATIONS OF BIDDERS In the event portions of the work called for in the specifications are to be installed, constructed, or assembled by a sub -contractor or sub -contractors, the bidder must fill in the information requested in the Proposal. The nature of this project is asphalt overlays and asphalt repairs. Lack of experience in this type of construction shall be grounds for consideration of a bid as non -responsive. 10. WARRANTY Neither the final payment nor any provision of the Contract Documents, nor the use of the equipment by the Village shall constitute an acceptance of items found not to comply with stipulations of the Contract Documents. The Contractor shall furnish suitable warranty and guarantee equal to that generally furnished to purchasers of the equipment described herein. Please refer to paragraph 21 of the Supplementary Conditions for additional express warranties by Contractor. 11. INSURANCE The bidder to whom a Contract is awarded shall take out and maintain Worker's Compensation Insurance to cover all his/her employees as well as maintain public liability and property damage insurance during the term of this contract and until the last day of furnishing work, labor, services and materials for the project described herein. Refer to Certificate of Insurance (Section 650), General Conditions (Section 700) and Supplementary Conditions (Section 800). The Village of Key Biscayne and Corzo Castella Carballo Thompson Salman, P.A., shall be named as additional insured in all policies required under this contract. 12. ELIGIBLE BIDDERS The Village reserves the right, before awarding a Contract, to require a Bidder to submit evidence of his/her qualifications, as may be deemed necessary, and consider any evidence available to it of the financial, technical, and other qualifications and abilities of the bidder. The Contract will be awarded only to a Bidder fully qualified to under take the proposed work. All material or services must meet all applicable Federal, State and Local specifications and permit requirements. 13. SAFETY PRECAUTIONS The Contractor shall maintain suitable and sufficient guards and barriers and, at night, suitable and sufficient safety standards required by Municipal, County, State and Federal ordinances and laws. 14. PRE -BID INSPECTION The Bidder, before submitting a Proposal, is required to visit and examine the site of the 00200-2 01108-023.08.03 work and satisfy himself/herself about the character of the work, any possible difficulties, and all conditions and circumstances which do and may affect the work. 15. PERFORMANCE AND PAYMENT BONDS Within ten (10) working days of the award of the Contract, the successful bidder shall furnish a Performance and a Payment Bond in the form shown on Sections 00610 and 00620 guaranteeing the faithful performance of his contract and for the payment of all persons performing labor or furnishing materials in connection therewith. Each bond shall be in the amount of one hundred percent (100%) of the Contract price. 16. PERMITS When necessary the successful bidder will be required to obtain the necessary permits. The Village of Key Biscayne's Public Works permit fee will be waived by the Village. The contractor is responsible for all necessary end of construction clearance, certification or release fees required by local agencies, if applicable. 17. CONTRACTOR'S QUESTIONNAIRE Section 00350 contains the form entitled "Contractor's Questionnaire." This form must be completed and submitted as an integral part of the bid package. 18. QUALIFICATION OF SURETIES A. General: The following requirements shall be met by all surety companies furnishing bid, performance payment or other type of bonds: B. Qualifications: As to companies being rated acceptable: 1. The Surety shall be rated as "A" or better as to General Policyholders Rating and Class V or better as to Financial Category by Best's Key Rating Guide, published by Alfred M. Best Company, Inc., of 75 Fulton Street, New York, New York, 10038. 2. The Surety shall be listed on the U.S. Department of the Treasury, Fiscal Service, Bureau of Government Financial Operations, Circular 570, (1982 Revision) entitled, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies." 3. All Surety Companies are subject to approval and may be rejected by the Owner without cause, in the same manner that bids may be rejected. C. Limitations: Bonding Limits or Bonding Capacity refer to the limit or amount of Bond acceptable on any one risk. 1. The bonding limit of the Surety shall not exceed ten percent (10%) of the policyholder surplus (capital and surplus) as listed by the aforementioned Best's Key Rating Guide, on anyone risk (penalty or amount of any one bond). D. Requirements: 00200-3 01108-023.08.03 1 Policy Holders Surplus is required to be 5 times the amount of any one bond. 2. The Agent countersigning the bond shall be a resident of Miami -Dade County. 19. DEFINITIONS Terms used in the "Instructions To Bidders" shall be as defined in the General Conditions. END OF SECTION 00200-4 01108-023.08.03 {I AVIN4 SECTION 00300 PROPOSAL MASHTA ISLAND RESURFACING IMPROVEMENTS VILLAGE OF KEY BISCAYNE, FLORIDA Village Clerk's Office Village of Key Biscayne Village Hall 88 W. McIntyre Street Key Biscayne, Florida 33149 The undersigned, as Bidder, hereby declares that the only person or persons interested in the Proposal, as principal or principals, is or are named herein and that no other person than herein mentioned has any interest in the Proposal of the Contract to which the work pertains; that this Proposal is made without connection or arrangement with any other person, company, or parties making a bid or proposal and that the Proposal is in all respects fair and made in good faith without collusion or fraud. The Bidder certifies that the bidder is not a nonresident alien, or a foreign corporation/entity formed under the laws of a country other than the United States. The Bidder further declares that he has examined the site of the work and that from personal knowledge and experience, or that he has made sufficient observations of the conditions of the proposed Project Site to satisfy himself that such site is a correct and suitable one for this work and he assumes full responsibility therefore, that he has examined the Drawings and Specifications for the work and from his own experience or from professional advice that the Drawings, including bid item quantities, and Specifications are sufficient for the work to be done and he has examined the other Contractual Documents relating thereto, including the Notice of Bid Invitation, Instructions to Bidders, Proposal, Contract, General Conditions, Supplementary Conditions, Special Conditions, Technical Specifications, Drawings and has read all addenda prior to the receipt of bids, and that he has satisfied himself fully, relative to all matters and conditions with respect to the work to which this Proposal pertains. The Bidder proposes and agrees, if this Proposal is accepted, to contract with the Village of Key Biscayne (Owner), in the form of contract specified, to furnish all necessary materials, all equipment, all necessary machinery, tools, apparatus, means of transportation, and labor necessary to complete the work specified in the Proposal and the Contract, and called for by the Drawings and Specifications and in the manner specified. The Bidder further proposes and agrees to comply in all respects with the time limits for commencement and completion of the work as stated in the Contract Form. The Bidder further agrees that the deductions for liquidated damages, as stated in the Contract Form, constitute fixed, agreed, and liquidated damages to reimburse the Owner for additional costs to the Owner resulting from the work not being completed within the time limit stated in the Contract Form. Payment Bonds each in the amount of one -hundred percent of the Contract price, within ten (10) consecutive calendar days after written notice being given by the Owner of the award of the Contract, and the undersigned agrees that in case of failure on his part to execute the said Contract and Performance and Payment Bonds within the ten (10) consecutive calendar days after the award of the Contract, the cashier's check or Bid Bond accompanying his bid and the money payable thereon shall be paid to the Owner as liquidation of damages sustained by the Owner; otherwise, the check accompanying the Proposal shall be returned to the undersigned after the Contract is signed and the Performance and Payment Bonds are filed. 00300-1 01108-023.08.03 The undersigned agrees to accept in full compensation therefore the total of the lump sum prices for the items named in the following schedule, based on the plan quantities contained within this bid form. Furthermore, the undersigned has checked these quantities and agrees that bid quantities are correct and adequate to complete the job in its entirety, as described in the contract document. Bidders Certificate of Competency No. Bidders Occupational License No. 8//z-/ ,067477 - Acknowledgment is hereby made of the following Addenda received since issuance of the Project Manual: Addendum No. 4 Dated: 05/Zokt Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Attached hereto is a cashier's check on the Bank of or Bid Bond for the sum of 5% L9 F a 0 41©UACT Dollars ($ ), made payable to the Village of Key Biscayne, Florida. '' • . ti -3C_. L.S. (Name of idder) , f4...Seal) X L.S. e»J ZQLrc _ Pa- 1 D ekyr L.S. S n - ture of b fficer (Title of Officer) Address: %.5. A.1' 1 W AA)e. City: I -tkrit State: FL --- 33112 A-vp ,\/9ufr1 4 0 R c C, io' ' ee-D S /- C 4,( 20 D '/, The full names and residences of persons and firms interested in the foregoing bid, as 00300-2 01108-023.08.03 principals, are as follows: 4-(i t. f P4e5.(frOC--?1/41-r-1 4qS.-.J Ai 0/ /t/69 AVOs . k (�.,,, , t, 3372 Name of the executive who will give personal attention to the work: 00300-3 01108-023.08.03 1 LIST OF MAJOR SUB -CONTRACTORS Bidders are required to list with the Proposal, on this sheet all major sub -contractors included for the prosecution of the work. Failure to complete the list may be cause for declaring the Proposal irregular. The successful bidder shall employ the sub -contractors listed hereunder for the class of work indicated, which list shall not be modified in any way without the written consent of the Village of Key Biscayne. The Bidder expressly agrees that: 1. If awarded a contract as a result of this proposal, the major sub -contractors used in the prosecution of the work will be those listed below. 2. The Bidder represents that the sub -contractors listed below are financially responsible and are qualified to do the work required. CATEGORY OR CLASS NAME OF SUB -CONTRACTOR ADDRESS OF WORK 4,49 5}6/vs S.42/P/n/C .. AK, 0/ -TS /EV / x.33 0 31 00300-4 01108-023.08.03 MASHTA ISLAND RESURFACING IMPROVEMENTS Village of Key Biscayne, Florida C3TS Project No. 01108-023.08.03 BID FORM Bid unit prices stated in this proposal include all costs and expenses for labor, equipment, materials, contractor's overhead and profit. Unit prices for the various work items are intended to establish a total price for completing the project in its entirety. The Contractor shall include in the Bid price any work item and materials for which a separate pay item has not been included in the Bid Form. All work and incidental costs shall be included for payment under the several scheduled items of the overall contract, and no separate payment will be made therefore. ITEM Roadway Items DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT R-1 1" Type S -III Asphalt Overlay (Including 13,900 striping, leveling as required and 5' milling strip at driveways, concrete bands, and curb & gutter) R-2 Regrading at 3 locations as shown on plans, 1 R-3 Asphalt Repairs . 420 R-4 Asphalt Repairs around Manholes 15 R-5 Raising of all valves and manholes within 1 project limits R-6 a/." Type S -III Asphalt Overlay of existing 2,220 path at Village Green (including all milling and asphalt repairs as shown on plans) R-7 Colored Type 'F' Curb & Gutter removal and 65 replacement R-8 Colored concrete curb repair using colored 1 patch product General items G-1 Mobilization G-2 Maintenance of Traffic including traffic control, pedestrian and vehicular access, signs, barricades and flaggers, and of duty police officer, as required by engineer and/or Village. G-3 Performance & Payment Bond G-4 Contingency (Do not Bid) GRAND TOTAL IN FIGURES: S.Y. L.S. S.F. EA. L.S. S.Y. L.F. L.S. 1 L.S. 1 L.S. 1 1 E&•"0 E/J//l(a� o /7w/ foavt- 54L( ate/ $ $40t`' $.3Ye6f s $ :4(.2_61o, $/f)6102, $ $ )5tw $ r. L.S. $ ,6 au, $_,36 L.S. $15,000 $15,000 $77:WC7 GRAND TOTAL WRITTEN: ade /4144 vA��f pie (,,Aec,L 1.4%)-(J BIDDER: ( v 1 /f � ��iC , By: 2 4- " ea- Z. • Title: Pa i Telephone: '3& ` / 3 a`' Fax: 30r- 5'7Z —6o % q Addendum #1 00300 - 5 01108-023.08.03 NON -COLLUSION AFFIDAVIT STATE OF Ft.C17.it 016. COUNTY OF *Mons Dot kflu being first duly sworn, deposes and ("Affiant"), p says that: 1 Affiant is Pd- of Vik12- , (the "Bidder") and has submitted the attached Bid; 2. Affiant has personal knowledge of the matters set forth herein and is competent to testify: 3. Affiant is fully informed respecting the preparation and contents of the attached Bid and all pertinent circumstances respecting the Bid; 4. The Bid is genuine and is not a collusive or sham Bid; 5. Neither the Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including Affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly with any other Bidder, firm, or person to submit a collusive or sham Bid, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm, or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit, or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against Village of Key Biscayne or any person interested in the proposed Contract. By: L Title: �D (Corporate Sea; Syjiiscribgd ickd sworn before me this'! a day of , 2011, by (r k 0441--E2- who is personally known to me or has produced as identification. * - .,) Bonded 'Butt Budget Notary Mks 0 JOSE AIBEST0 CHAgtIE1iaCAB * MY COMMISSION # DO 71984 7 EXPIRES: 21, 2011 7FOFFd Nota C#4-G4/6X1— vciqs� Print Name My commission expires: 00300-6 01108-023.08.03 SECTION 00350 CONTRACTOR'S QUESTIONNAIRE Submitted to: The Mayor and Village Commission of the Village of Key Biscayne, Florida: By gil, 4- & 4jz e F , D f 2vf Vic. P iv€Jt r2 Principal Office Mlkwt. F-- 331/9 -2. - How many years has your organization been in business as a General contractor under your present business name? 35 Yd Does your organiz Wave current occupational licenses entitling it to do the work contemplated in this Contract? 7 State of Florida Occupational License (State type and number /4 Federal I.D. No: Si 7 1-Ccdj 015 2- VkiA % tJw 1t01'" A-ve, Miami -Dade County Certificate of Competency (State type and number): e - gi/Y--k Village of Key Biscayne Occupational License (State type and number): Please include copies of above licenses and certifications with proposal. How many years experience in similar work has your organization had? 3,5-- ye' (A) As a General Contractor (B) As a Sub -Contractor 3.6-" ey�� (C) What contracts has your organization c mpleted? State below: Contract Amount Class of Work ek Li • 41 -4(111-19,(0 fv 1 -2 o"Se atii 49.,J1--tv- cwt^Jr1 1.440 `1,, c a 4'1r A.) When Completed Name & Address of Owner fizsa—T(Arvii.3P 10 AaGc i— • i u .‘1. / 8 avra ,r nxA ' Fo'Jr 0- Co ' 6 et,JaV - )_%15% %A00 N Ave. . pi, Altsi1, Ni VJ 14--4-Q. eeror s' How many years has your organization, or your sub -contractor had in this type of work? 3 3 —years List the detailed experience below: 00350-1 01108-023-.08.03 Name & tel. number of Owner Project Name Date completed V kxs 5L Pafekchtrite‘TT Ti T L. Ln RA fr Coven tAi-R-ro a Co _ Are you a Certified Minority Contractor with Miami -Dade County? NO. Have you ever failed to complete any work awarded to you? NO. If so, where and why? Has any officer or partner of your organization ever failed to complete a contract handled in his own name? I • If so, state name of individual, name of owner, and reason thereof: In what other lines of business are you financially interested or engaged? nrc-4- 0-TE 2 1'Af'4-GeS//e)-1° . Give references as to experience, ability and financial standing. p What equipment do you own that is available for the proposed work and where is it located? 1 " 00350-2 01108-023-.08.03 4Financial Statement: 19t�.�~ s frt What Bank or Banks have you arranged to do business with during the course of the Contract should it be awarded to you? a M CA- t L C9 M t CE ee-ns . 0 � o ' .ems i I hereby certify that the above answers are true and correct. Name of Bidder: G • (Affi Seal) Signature of Officer: 1Q -41A- Go NJ Title of Officer: ea- es (s.4D €!r END OF SECTION 00350-3 01108-023-.08.03 H & R PAVING, INC. FINANCIAL STATEMENTS FOR THE SIX MONTHS ENDED JUNE 30, 2010 H & R PAVING, INC. CONTENTS: ACCOUNTANTS' COMPILATION REPORT 1 FINANCIAL STATEMENTS: Balance Sheet 2 Statement of Operations 3 Statement of Changes in Stockholder's Equity ' ' 4 Statement of Cash Flows � t{ °��r � 5 Notes to Financial Statements �, � °�` 6 SUPPLEMENTARY INFORMATION: Schedule of General and Administrative Expenses 14 Schedule of Earnings from Contracts 15 Schedule of Contracts in Progress 16 Schedule of Completed Contracts 1 7 To the Stockholder of H & R Paving, Inc. Miami, Florida ACCOUNTANTS' COMPILATION REPORT ; .: \c" We have compiled the accompanying balance sheet of H & R Paving, Inc. as of June 30, 2010 and the related statements of operations, changes in stockholder's equity, and cash flows for the six months then ended, and the accompanying supplementary information contained in the schedules of general and administrative expenses, eamings from contracts, contracts in progress and completed contracts, which are presented only for supplementary analysis purposes, in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. A compilation is limited to presenting in the form of financial statements and supplementary schedules information that is the representation of management. We have not audited or reviewed the accompanying financial statements and supplementary information and, accordingly, do not express an opinion or any other form of assurance on them. October 28, 2010 H & R PAVING, INC. BALANCE SHEET JUNE 30, 2010 ASSETS CURRENT ASSETS Cash and cash equivalents $ 822,301 Investments in securities available -for -sale 380,619 Contracts receivable — net 3,217,848 Costs and estimated earnings in excess of billings on contracts in progress 1,063,574 Inventory 26,446 Prepaid expenses 259,946 TOTAL CURRENT ASSETS PROPERTY AND EQUIPMENT — NET DEPOSITS TOTAL ASSETS LIABILITIES AND STOCKHOLDER'S EQUITY CURRENT LIABILITIES Accounts payable c to\:441V Accrued expenses Accrued Toss on contract in progress, Billings in excess of costs and estimated earnings on contracts in progress TOTAL CURRENT LIABILITIES $ 5,770,734 925,574 4,396 $ 6,700,704 $ 2,327,422 182,829 587,927 1,079,708 STOCKHOLDER'S EQUITY Common stock, $10 par value, 50 shares authorized, issued and outstanding 500 Accumulated other comprehensive Toss (30,593) Retained earnings 2,552,911 TOTAL STOCKHOLDER'S EQUITY $ 4,177,886 2,522,818 TOTAL LIABILITIES AND STOCKHOLDER'S EQUITY $ 6,700,704 See accountants' compilation report. The accompanying notes are an integral part of these financial statements -2- H & R PAVING, INC. STATEMENT OF OPERATIONS FOR THE SIX MONTHS ENDED JUNE 30, 2010 REVENUES EARNED Contracts $ 6,474,860 Sales of materials 1,855,606 Other service income 57,701 TOTAL REVENUES EARNED COST OF REVENUES EARNED Contracts 6,641,230 Cost of sales 1,391,705 TOTAL COST OF REVENUES EARNED GROSS PROFIT GENERAL AND ADMINISTRATIVE EXPENSES LOSS FROM OPERATIONS OTHER INCOME (EXPENSES) Interest and dividends 7,722 Other expenses (24,000) Net realized loss on sale of securities (7,406) NET OTHER EXPENSES $ 8,388,167 8,032,935 355,232 (629,217) (273,985) (23,684) NET LOSS $ (297,669) RLIMLNARY DRAM See accountants' compilation report. The accompanying notes are an integral part of these financial statements -3- H & R PAVING, INC. STATEMENT OF CHANGES IN STOCKHOLDER'S EQUITY FOR THE SIX MONTHS ENDED JUNE 30, 2010 Accumulated Other Common Comprehensive Retained Stock Loss Earnings Total Balances at January 1, 2010 COMPREHENSIVE LOSS Net loss Unrealized holding loss on securities available -for -sale TOTAL COMPREHENSIVE LOSS DISTRIBUTIONS Balances at June 30, 2010 $ 500 $ (27,927) $ 4,203,580 $ 4,176,153 (297,669) (297,669) (2,666) (2,666) (2,666) (297,669) (300,335) (1,353,000) (1,353,000) $ (30,593) $ 2,552,911 $ 2,522,818 See accountants' compilation report. The accompanying notes are an integral part of these financial statements -4- H & R PAVING, INC. STATEMENT OF CASH FLOWS FOR THE SIX MONTHS ENDED JUNE 30, 2010 CASH FLOWS FROM OPERATING ACTIVITIES Net loss Adjustments to reconcile net loss to net cash used in operating activities: Depreciation $ 220,701 Net realized loss on sale of securities 7,406 Changes in operating assets and liabilities: Increase in contracts receivable (724,837) Increase in costs and estimated earnings in excess of billings on contracts in progress (661,608) Increase in prepaid expenses (111,489) Increase in accounts payable 881,430 Decrease in accrued expenses (246,726) Increase in accrued loss on contract in progress 4 87,927 Decrease in billings in excess of costs and estimated earnings on contracts in progress (384) Net adjustments NET CASH USED IN OPERATING ACTIVITIES CASH FLOWS FROM INVESTING ACTIVITIES 4. Purchases of ro and equipment P Pe rtY (58,190) Purchases of securities available -for -sale (95,193) Proceeds from sale of securities available -for -s 86,803 NET CASH USED IN INVESTING ACTIVITIE $ (297,669) (47,580) (345,249) (66,580) CASH FLOWS FROM FINANCING ACTIVITIES Distributions (1,353,000) CASH USED IN FINANCING ACTIVITIES (1,353,000) NET DECREASE IN CASH AND CASH EQUIVALENTS (1,764,829) CASH AND CASH EQUIVALENTS AT JANUARY 1, 2010 2,587,130 CASH AND CASH EQUIVALENTS AT JUNE 30, 2010 $ 822,301 See accountants' compilation report. The accompaying notes are an integral part of these financial statements -5- H & R PAVING, INC. NOTES TO FINANCIAL STATEMENTS JUNE 30, 2010 NOTE 1. NATURE OF OPERATIONS H & R Paving, Inc. (the "Company") was incorporated under the laws of the State of Florida in August 1976 for the purpose of providing road paving construction services, producing and selling asphalt, and providing asphalt -hauling services primarily in South Florida. NOTE 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Use of estimates The preparation of the Company's financial statements in conformity with accounting principles generally accepted in the United States of America (GAAP) requires management to make estimates and assumptions that affect reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported ounts of revenues and expenses during the reporting period. Actual resu�uld differ from those estimates. Revenue and cost recognition The Company recognizes revenu nstruction contracts using the percentage of completion metho y the percentage of incurred costs to date to estimated total costs contract. The method is used because management considers total cost be the best available measure of progress on the contracts. Contract costs include all direct material and labor costs and those indirect costs related to contract performance, such as indirect labor, supplies, tools, repairs and depreciation. General and administrative costs are charged to expense as incurred. Provisions for estimated losses on uncompleted contracts are made in the period in which such losses are determined. Changes in job performance, job conditions, and estimated profitability may result in revisions to costs and income, which are recognized in the period in which revisions are determined. Changes in estimated job profitability resulting from performance, job conditions, contract penalty provisions, claims, change orders, and settlements, are accounted for as changes in estimates in the current period. 6 H & R PAVING, INC. NOTES TO FINANCIAL STATEMENTS JUNE 30, 2010 NOTE 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Revenue and cost recognition - Continued The asset, "Costs and estimated earnings in excess of billings on contracts in progress," represents revenues recognized in excess of amounts billed. The liability, "Billings in excess of costs and estimated earnings on contracts in progress," represents billings in excess of revenues recognized. Cash and cash equivalents Cash and cash equivalents include cash on hand and in bank deposits, money market accounts, and short-term investments with original maturities of three months or less. Contracts receivable The Company uses the allowance method to account for uncollectible contracts receivable. The allowance for doubtful accounts is e timated based on the company's historical losses, the existing economic co ns in the construction industry, and the financial stability of its customers *.\\\4) \ Property, equipment and depreciation , Property and equipment are recorded at • � '► •enditures for major additions and improvements are capitalized i . d replacements, maintenance, and repairs are charged to expense as, When property and equipment are retired or otherwise disposed o 'ost and accumulated depreciation are removed from the accounts and any - sulting gain or loss is included in the results of operations for the respective period. Depreciation is provided over the estimated useful lives of the related assets using the double -declining balance and the straight-line methods. Long-lived assets The Company reviews the carrying value of property and equipment for impairment whenever events and circumstances indicate that the carrying value of an asset may not be recoverable from the estimated future cash flows expected to result from its use and eventual disposition. In cases where undiscounted expected future cash flows are less than the carrying value, an impairment loss is recognized equal to an amount by which the carrying value exceeds the fair value of assets. The factors considered by management in performing this assessment include current operating results, trends and prospects, the manner in which the property is used, and the effects of obsolescence, demand, competition, and other economic factors. 7 H & R PAVING, INC. NOTES TO FINANCIAL STATEMENTS JUNE 30, 2010 NOTE 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Investments in securities The Company determines the appropriate classification of its investments in debt and equity securities at the time of purchase and reevaluates such determinations at each balance sheet date. Debt securities are classified as held -to -maturity when the Company has the positive intent and ability to hold the securities to maturity. Debt securities for which the Company does not have the intent or ability to hold to maturity are classified as available -for -sale. Held -to -maturity securities are recorded as either short-term or long-term on the balance sheet based on contractual maturity date and are stated at amortized cost. Marketable securities that are bought and held principally for the purpose of selling them in the near term are classified as trading securities and are reported at fair value, with unrealized gains and losses recognized in earnings. Debt and marketable equity securities not classified as held -to -maturity or as trading, are classified as available -for -sale, and are carried at fair value with the unrealized gains and losses included in the determination of comprehensive income and reported in stockholder's equity. The fair value of substantially all sec ies is determined by quoted market prices. The estimated fair value of securiti r' hich there are no quoted market prices is based on similar types of sec t are traded in the y Inventory market. The Company holds inventory of materials ~�' n its jobs and for sale to other contractors. The inventory is stated at "L` of cost or market, determined using the average cost method (also re ' as moving average). Income taxes The Company has elected to be treated as an S corporation for federal income tax purposes. The stockholders of an S corporation are taxed on their proportionate share of the company's taxable income. Therefore, no provision or liability for federal income taxes has been included in the financial statements. Advertising costs Advertising costs are expensed as incurred. Advertising expense was approximately $500 for the six months ended June 30, 2010. Subsequent events The Company has evaluated subsequent events through October 28, 2010, the date on which these financial statements were available to be issued. 8 basis at June 30, 2010: Money market funds Stock equities Mutual funds H & R PAVING, INC. NOTES TO FINANCIAL STATEMENTS JUNE 30, 2010 NOTE 3. FAIR VALUE MEASUREMENTS The Company's financial assets are recognized or disclosed at fair value in the financial statements on a recurring basis. GAAP establishes a fair value hierarchy that prioritizes the inputs to valuation techniques used to measure fair value. The hierarchy gives the highest priority to unadjusted quoted prices in active markets for identical assets or liabilities (Level 1 measurements) and the lowest priority to measurements involving significant unobservable inputs (Level 3 measurements). The three levels of the fair value hierarchy are as follows: • Level 1— unadjusted quoted prices in active markets for identical assets or liabilities. • Level 2 — significant observable pricing inputs other than quoted prices included in Level 1 that are either directly or indirectly observable. • Level 3 — generally unobservable inputs for the assets and liabilities. The level in the fair value hierarchy within which the fair value measurement in its entirety falls is based on the lowest leve ut that is significant to the fair value measurement in its entirety. 1_ The following table presents asset aremeasured at fair value on a recurring .ryy��v�h J `i• 0`. t� Fair Value $ 3,781 123,355 253,483 $ 380,619 Quoted Prices in Active Markets for Identical Assets (Level 1) $ 3,781 123,355 253,483 Significant Other Observable Inputs (Level 2) Significant Unobservable Inputs (Level 3) $ 380,619 9 H & R PAVING, INC. NOTES TO FINANCIAL STATEMENTS JUNE 30, 2010 NOTE 4. INVESTMENTS IN SECURITIES AVAILABLE -FOR -SALE The following is a summary of investments in securities available -for -sale as of June 30, 2010: Money market funds Stock equities Mutual funds Cost Unrealized Unrealized Gain Losses Estimated Fair Value $ 3,781 $ - $ - $ 3,781 135,254 5,263 (17,162) 123,355 272,177 - (18,694) 253,483 $ 411,212 $ 5,263 $ (35,856) $ 380,619 NOTE S. CONTRACTS RECEIVABLE The following is a summary of contracts re doubtful accounts, as of June 30, 2010: Contracts receivable Retainages pertaining to con P44‘.•,\:\ Less: Allowance for doubtful accounts less an allowance for $ 3,065,197 308,518 3,373,715 155,867 . $ 3,217,848 All retainages as of June 30, 2010, are expected to be collected within one year. - 10- H & R PAVING, INC. NOTES TO FINANCIAL STATEMENTS JUNE 30, 2010 NOTE 6. PROPERTY AND EQUIPMENT The following is a summary of property and equipment, at cost less accumulated depreciation, at June 30, 2010: Trucks, construction and other equipment Furniture, fixtures and office equipment Less: Accumulated depreciation Estimated Useful Life 3 - 10 years 5 - 7 years Amount $ 4,316,604 27,864 4,344,468 (3,418,894) $ 925,574 NOTE 7. COSTS AND ESTIMATED EARNINGS ON CONTRACTS IN PROGRESS The following is a summary of cost and estirn arnings on contracts in progress at June 30, 2010: N: 11k' V ti Total costs incurred Estimated losses Less: Billings to date $ 13,773,964 (88,417) 13,685,547 13,701,681 $ (16,134) Included in the accompanying balance sheet under the following captions: Costs and estimated earnings in excess of billings on contracts in progress Billings in excess of costs and estimated earnings on contracts in progress $ 1,063,574 (1,079,708) $ (16,134) - 11 - H & R PAVING, INC. NOTES TO FINANCIAL STATEMENTS JUNE 30, 2010 NOTE 8. ACCOUNTS PAYABLE Included in accounts payable at June 30, 2010, is approximately $65,000 due to subcontractors, which has been retained by the company pending the completion and Company approval of certain subcontracts. NOTE 9. LINE OF CREDIT The Company has an available line of credit for $1,000,000 from a financial institution. This line of credit is collateralized by certain investment accounts maintained by the Company. The interest rate charged on the line of credit is variable, and consists of LIBOR plus 2.5% per annum. The line of credit agreement requires compliance with certain financial covenants and a personal guarantee from the Stockholder. At June 30, 2010, there were no amounts due under this line , r i credit. u. NOTE 10. FINAN NSTR UMENTS WITH CONCENTRATIONS OF CREDIT RISK k �, y maintains its cash in bank deposit accounts, which, at times, may derally insured limits. The Company has not experienced any losses in ccounts. The Company believes it is not exposed to any significant credit on cash and cash equivalents. The Company performs highway construction projects in South Florida for Miami -Dade County, the Florida Department of Transportation (D.O.T.), other local governments or agencies, and private contractors. For the six months ended June 30, 2010, gross contract revenues were approximately distributed as follows: Revenues Miami -Dade County 26% D.O.T. 44% Other 30% 100% At June 30, 2010, amounts due from one account aggregated to approximately 33% of gross contracts receivable. - 1 2 - H & R PAVING, INC. NOTES TO FINANCIAL STATEMENTS JUNE 30, 2010 NOTE 11. LEASES The Company leases construction equipment used on a temporary basis while performing its jobs. Rent expense, including that of construction equipment, incurred for the six months ended June 30, 2010, amounted to approximately $196,000. NOTE 12. RELATED PARTY TRANSACTIONS The Company conducts its operations on facilities that are leased on a month -to - month basis from entities related by virtue of common ownership. The leases include the use o sphalt producing equipment located within the facilities. For the six mon ed June 30, 2010, the Company incurred approximately $60,000 in related to such leases. The Company is responsible for the cost of real estate taxes, and maintenance of the respective facilities. r e six months ended June 30, 2010, the Company incurred approximately 0 in subcontractor and equipment rental expenses from an entity owned by atives of the Stockholder. Included in accounts payable at June 30, 2010, is approximately $8,000 due to this related entity. Additionally, during the six months ended June 30, 2010, the Company sold materials and provided paving services to this related entity for approximately $93,000. Included in accounts receivable at June 30, 2010, is approximately $46,000 due from this related entity. NOTE 13. CONTINGENCIES The Company is subject to various claims and legal proceedings covering a wide range of matters that arise in the ordinary course of its business activities, including contract liability claims. Management believes that any liability that may ultimately result from the resolution of these matters will not have a material adverse effect on the financial condition or result of operations of the Company. NOTE 14. SUBSEQUENT EVENT In September 2010, the Company settled a legal action brought by two former employees relating to employment matters for approximately $24,000. At June 30, 2010, the cost of the settlement was included in the results of operations. - 13- SUPPLEMENTARY INFORMATION N'ck,\ H & R PAVING, INC. SCHEDULE OF GENERAL AND ADMINISTRATIVE EXPENSES FOR THE SIX MONTHS ENDED JUNE 30, 2010 Advertising Bank and collection fees Commissions Contributions Employee training Entertainment and promotions Insurance Legal expense Miscellaneous Office expense Professional fees Repairs Salaries — general Salary — officer Telephone Utilities TOTAL $ 530 6,314 4,721 15,057 1,633 12,182 50,405 22,937 10,372 35,495 49,317 7,611 389,814 13,685 3,439 5,705 $ 629,217 See accountants' compilation report. -14- H & R PAVING, INC. SCHEDULE OF EARNINGS FROM CONTRACTS FOR THE SIX MONTHS ENDED JUNE 30, 2010 Cost of Revenues Revenues Gross Earned Earned Profit/(Loss) Contracts in progress $ 5,781,859 $ 6,385,603 $ (603,744) Completed contracts 693,001 255,627 437,374 $ 6,474,860 $ 6,641,230 $ (166,370) See accountants' compilation report -15- H & R PAVING, INC. SCHEDULE OF CONTRACTS IN PROGRESS FOR THE SIX MONTHS ENDED JUNE 30, 2010 Contract Number 2613 $ (715,783) Total Contract Estimated Revenues Estimated Gross Profit (Loss) 2607 752,500 2656 255,700 2528 144,000 2633 112,500 2661 100,000 2668 100,000 Other 548,766 TOTAL $ 27,573,859 $ 1,297,683 $ 7,079,197 7,525,000 2,557,000 1,800,000 1,125,000 1,000,000 1,000,000 5,487,662 Contract under $1,000,000. From Contract Inception to June 30, 2010 Revenues Eamed Cost of Revenues Gross Profit (Loss) Billed to Date $ 7,079,196 $ 1,924,183 263,794 1,663,405 322,809 602,961 246,232 1,582,966 $ 13,685,546 $ 7,794,979 1,731,765 237,415 1,530,333 290,528 542,665 221,609 1,424,670 13,773,964 $ (715,783) $ 192,418 26,379 133,072 32,281 60,296 24,623 158,297 $ (88,417) $ At June 30, 2010 Costs and Estimated Earnings in Excess of Billings Billings in Excess of Costs and Estimated Earnings 6,015,818 $ 1,063,378 $ 2,204,290 281,699 1,694,134 322,613 196 793,928 292,749 2,096,450 280,107 17,905 30,729 190,967 46,517 513,483 13,701,681 $ 1,063,574 $ See accountants' compilation report. -16- For the Six Months Ended June 30, 2010 Revenues Eamed Cost of Revenues Gross Profit (Loss) $ 2,969,354 264,985 121,256 240,862 153,001 531,054 246,232 1,255,115 $ 3,849,531 238,487 109,131 221,593 137,701 477,949 221,609 1,129,602 $ (880,177) 26,498 12,125 19,269 15,300 53,105 24,623 125,513 1,079,708 $ 5,781,859 $ 6,385,603 $ (603,744) H & R PAVING, INC. SCHEDULE OF CONTRACTS COMPLETED FOR THE SIX MONTH ENDED JUNE 30, 2010 Total Contract From Contract Inception to January 1, 2010 For the Six Months Ended June 30, 2010 Contract Revenues Cost of Gross Profit Revenues Cost of Revenues Cost of Gross Profit Number Earned Revenues (Loss) Earned Revenues Gross Profit Eamed Revenues (Loss) 2597 $ 558,747 $ 261,302 $ 297,445 $ 271,561 $ 244,405 $ 27,156 $ 287,186 $ 16,897 $ 270,289 2692 109,100 35,273 73,827 109,100 35,273 73,827 2653 106,896 54,439 52,457 60,488 54,439 6,049 46,408 46,408 2689 89,225 116,444 (27,219) 89,225 116,444 (27,219) Other 161,082 87,013 74,069 - 161,082 87,013 74,069 TOTAL $ 1,025,050 $ 554,471 $ 470,579 $ 332,049 $ 298,844 $ 33,205 $ 693,001 $ 255,627 $ 437,374 Contracts under $50,000. See accountants' compilation report. -17- E-mail E-mail 3) Company Name 6 1) E-mail 2) Company Name y Name an ComP � jr n�� ,(�4 (ew.) Address 1"1 IJ S 15 PL 3312e ' !o Contact Person/Contract Amount T°014401") (4646A t S1 J Telephone No..3°r° Vi"?'" ft 2i2 Fax No. (30 5) 3-96 - 219g- jras 0,011 taw D . O.T Address 4000 AA*/ 144 Avy M i fit' , FL 331'72 Contact Person/Contract Amount t410 CA Q i 4 (s #.4 i CL Lew -5) Telephone No. 3°. 47o - S347 Fax No. (3os) 4 0o - S3 6 5- "4" • "re4r4dtt • • • 1(S Ci 47 F 44% 1-1-100 of) Address 27 (? ✓A N B UREN ST Contact Person/Contract Amount E N 5C f J. I PC Q 1, 70, 2 2. Telephone No. IP/ 911-3 ??7 Fax 9 _ax No. (954) Z ( 34 6 2 k (-Kr AO 17 W60 eYL efiT 4) Company Name Address e;i7 OF 11-5.•‘4eS4Ls-AW 'No frfo•-tesirmo C3L-ri) Contact Person/Contract Amount ortac LuL,•l 4 6001000.0o Telephone No. ��- 1L9V- 39 (3o5)224— 4635 p e �qr f! ��( Fax No. E-mail lv/lA 417 4.Ue4t'(. ( Pis ti 5) Company Name Cioi7 o i J o'¢' tEzeo'ti erezr-) Address S30O 1 iW c3 Cr 4-242 Qokin_, PL Contact Person/Contract Amount �21 960' co Telephone No. -3°C-.03-4400 Fax No. (35) 4 06 - G724 E-mail jAndetett&CetICIO r441• L r'i1 P4 • CIV-7BF l�-� r ;97.4,4 Qom/{4s'% DA -0E g LVD J Q3exte..46 Gth¢,Los 94 Ci2vZ � 315; doo. no 3arr- 473 - 797 19-116 e - rr+1'Z c C . 0.44-(0S G (') (3o5) ? -?49d m iatnibucLE1, Y-°11 etwo`,•''T !..64- r`,itiPsrkE,rir 001;b0 T4f ; tiXi-'; 0r7;$ '9". ,fit;, 'xb'► r ; DISPIAYEI1 AT PLA C 0i1 E .1 th kcmiet f z.7.1— ;'_EY �' ,a �L- "4'`i �•i,• ti; �,: 067477-1 BUS6t ESS NAME ! :.( Al ON H & R PAVING INC 1955 NW 110 AVE 33172 UNIN DADE COUNTY OWNER H 8 R PAVING INC Soo. Type of Business m Ago„ SJ CIALTY SUMS TAX RRCltPr, tT POO NOT PERMIT THE TO VIOLATE ANY i REGULATORY OR UM OF THE -T THE NCI oT1reR F4 OF SUALIftCA- 1 A TAX Utah 000075.00 SEE OTHER SIDE ENGINEERING CONTRACT . O. LOCATION HAIR ASPHALT PLANT :1955 NW 110 AVE 33172 UNIN DADE COUNTY OWNBR ONE HUNDRED & TENTH AVE INVEST C IVRECYCLING/PROLE isrNO ANY 'TONY OR NO THE arIER eM L,IC!NSE pY LAW. MIS Is WON OF $ QUALIFICA- ISAM .I AI2En 4TY TAX cor.LEcTOR 07/12/2010 60040000541 000090.00 SEE OTHER SIDE RENEvAL REC;—fPT"risk 061471-1 CC ¥ E844 WORKER/S 10 DO NOT FORWARD H & R PAVING INC RAUL GONZALEZ JR PRES 1955 NW 110 AVE MIAMI FL 33172 ,,11 1 1,.I,ill) 111,1,,,,,11,,, 1,),)=,1,#t ,I-, FIRST.CLAV- U.1$. POSTAG PAID MIAMI, FL PM"' NO, 2: THIS 18 NOT A 8111— DO NOT PAY RENEWAL RRCRIPT NO. 309330-9 Et4PLOVEE/S DO NOT FORWARD H & R ASPHALT PLANT RAUL GONZALEZ 1955 NW 110 AVE MIAMI FL 33172 „i!:s,!►.,,:,111,:,1,,1,E,,,1#1,i:�,��11�„11,1,1„1,iL S1119 Board BUSINESS CERTIFICATE OF COMPETENCY E844 „ •;v D.B.A.. GOB RAUL JR I r,bnifiskei ,.nder Wm rrfwrsions of r_hanter 10 of Miami -aside County mon.___- — omo .. ___ or.. �..=-s o. oo_ ,. _ .._ . _ -a-ammo. e:e+IIc 3si--it x;;.YY-€_ TF•'_-a'�C:s+ SYw!'w.{�rrs c•��bstiFr y.: �...zg. 3si. Tcaw �-..+-<<a._•�11�r•�'r�d6� r,X,`4e4^sY81-r iA3 +r�•'£t4 s+� �--tti _..-+. ... State of ` Florida Deportment of State I certify from the records of this office that H & R PAVING, INC. is a corporation organized under the laws of the State of Florida, filed on August 19, 1976. The document number of this corporation is 513070. I further certify that said corporation has paid all fees due this office through December 31, 2008, that its most recent annual report was filed on January 30, 2008, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Twenty Seventh day of October, 2008 Secretary of State Authentication ID: 800137323368-102708-513070 To authenticate this certificate,visit the following site, enter this ID, and then follow the instructions displayed. https://efile.sunbiz.org/certauthver.html 11 III 11 II JOBS IN PROGRESS 2528 CITY OF HOMESTEAD OMAR LUNA 305-224-4639 CITY OF HOMESTEAD JANUARY 3,2010 r DECEMBER 15,2010 600,000.00 $ 10% 2656 CITY OF MIAMI BEACH "ARRA CARLOS DA CRUZ 305-673-7497 CITY OF MIAMI BEACH AUGUST 7,2009 October 1, 2011 $ 2,557,000.00 25% 2687 ROADWAY RESURFACING CONTRACT " PROJECT # 20090126 JOAQUIN RABASA 305-299-9822 (MIAMI-DADE COUNTY PUBLIC WORKS) MIAMI- DADE COUNTY MARCH 1,2010 September 1, 2011 $ 331,027.06 95% 2661 "PEOPLES TRANSPORTATION PLAN ROADWAY" RESURFACING CONTRACT PROJECT # 20090026 JOAQUIN RABASA 305-299-9822 (MIAMI-DADE COUNTY PUBLIC WORKS) MIAMI- DADE COUNTY MARCH 1,2010 SEPTEMBER 1,2011 $ 764,808.30 80% 2668 "ROADWAY RESURFACING CONTRACT" PROJECT # 20090027 JOAQUIN RABASA 305-299-9822 (MIAMI-DADE COUNTY PUBLIC WORKS) MIAMI- DADE COUNTY OCTOBER 15,2009 August 1, 2011 $ 1,000,000.00 80% 2607 "MIAMI INTERNATIONAL AIRPORT PAVEMENT REPAIRS" PROJECT # RM6-07/09 MIKE RIVERA 305-876-0596 • (MIAMI DADE AVIATION DEPARTMENT) MIAMI INTERNATIONAL AIRPORT SEPTEMBER 17,2008 SEPTEMBER 1,2011 $ 7,525,000.00 40% 2683 "ARRA ROADWAY RESURFACING CONTRACT" PROJECT # 20090120 JOAQUIN RABASA 305-299-9822 (MIAMI-DADE COUNTY PUBLIC WORKS) MIAMI- DADE COUNTY DECEMBER 22,2009 July 1, 2011 $ 671,167.56 90% JOB ID PROJECT # 1141-9R/27L EXT RICARDO SOLORZANO 305-876-7809 TAMIAMI AIRPORT JUNE 1,2010 October 7, 2011 $ 4,452,919.58 60% 2701 "ARRA ROADWAY RESURFACING CONTRACT" PROJECT # 20090123 JOAQUIN RABASA 305-299-9822 (MIAMI-DADE COUNTY PUBLIC WORKS) MIAMI-DADE COUNTY JUNE 15,2010 June 1, 2011 $ 666,600.55 75% 2702 "ARRA ROADWAY RESURFACING CONTRACT" PROJECT # 20090116 JOAQUIN RABASA 305-299-9822 (MIAMI-DADE COUNTY PUBLIC WORKS) MIAMI- DADE COUNTY JULY 15,2010 November 1, 2011 $ 466,314.08 75% 2704 "PEOPLES TRANSPORTATION PLAN ROADWAY RESURFACING CONTRACT" PROJECT # 20100387 JOAQUIN RABASA 305-299-9822 (MIAMI-DADE COUNTY PUBLIC WORKS) MIAMI- DADE COUNTY AUGUST 15,2010 September 15, 2011 $ 1,000,000.00 20% 2725 (MDX) ITB 11-01 "SYSTEMWIDE ROADWAY IMPROVEMENTS" DARREN SPENCE 954-540-1919 MIAMI-DADE COUNTY OCTOBER 11,2010 November 1, 2012 $ 6,000,000.00 5% s _ PAVING_ INC. Miarnt 33472 Ph: 305-261-3005 Fax: 305-592-6079 COMPLETED CONTRACTS PROJECT # NAME VALUE SCOPE END DATE E6E75 DOT _ $477,183.20 _ MILLING & RESURFACE 1 9/22/2008 T6166 DOT $703,729.25. 9/17/2008 2595 CITY OF HOLLYWOOD $769,280.00 7/3/2008 T-6103 DOT $786,871.79 4/6/2007 20070564 1 MIAMI DADE $999,999.00 ,QNIP RESURF. CON 2/'6/2008 20070567 MIAMI DADE _ $999,999.00 ()NIP RESURF. CON 4/1/2008 20070568 MIAMI DADE $999,999.00 QNIP RESURF. CON 4/14/2008 20080134 MIAMI DADE $1,061,716.66 CON 9/17/2008 20070593 MIAMI DADE ,RESURFACING $1,074,397.70 7/3/2008 20080562 _MIAMI DADE _ $2,363,104.82 9 9/15/2008 E8J28 DOT $8,988,742.03 _ 10/3/Z006 20040398 MIAMI DADE $7,844,372.00 7/30/2008 20060208 MIAMI DADE $6,206,055.00 w 6/ 008 FLORIDA BUSWAY EXT. $2,761,821.00 T6113 'DOT $1,344, 560.00 4/6/2008 3,�''i& .i 0 verliaC 11l11�t1t'1, FL 33172 Ph: (305) 261-3005 iax: (305) 592-6079 Licensed and Insured COMMERCIAL REFERENCES MARATHON PETROLEUM CO. LLC 14333 Collections Center Drive Chicago, IL 60693 (877) 819-2314 FLORIDA ROCK, INC. P.O. BOX 102835 Atlanta, GA 30368-2835 (904) 355-1781 (305) 594-4336 CEMEX P.O. BOX 31325 Tampa, FL 33631-325 (305) 247-8011 CONTINENTAL,FLORIDA MATERIAL, INC. P.O. BOX 862839 Orlando, FL 32886-2839 (800) 432-0135 (956) 351-1051 Ext. 239 EVERGLADES LUMBER AND BUILDING P.O. BOX 249 Miami, Fl 33144-0249 (305) 261-1155 WHITE ROCK QUARRIES — SOUTH P.O. BOX 15065 West Palm Beach, Fl 33416 (305) 822-5322 BV OIL COMPANY P.O. BOX 667568 Miami, F1 33166 (305) 593-0705 (800) 586-2862 • COMMERCE BANK 11701 W Okeechobee Rd. Hialeah Gardens. FL 33016 (305) 826-9691 CONCRETE HAULING, INC. P.O. BOX 653138 Miami, FL 33265-3138 (305)592-2144 PROTECTIVE BARRIER SERV INC. 623 N.E. 5 Terrace Ft. Lauderdale, FL 33304 (877) 496-3625 SORREL ENTERPRISES, INC. D/B/A 8835 N.W. 95 Street Medley, FL 33178 (305) 883-4860 (305) 345-1090 PRECAST DEPOT 1102 N.W. South River Drive Medley, FL 33178 (305) 885-2530 OVERLAND CARRIERS, INC. 12145 N.W. 99 Avenue Hialeah Gardens, FL 33016 (305) 826-9200 EMC OIL P.O. BOX 520882 Miami, FL 33152-0882 (305) 477-7497 GENUINE PARTS DB/A NAPA CO. P.O. BOX 409043 Atlanta, GA 30384-9043 (800) 987-5060 Ext. 5776 (305) 594-3027 BANK REFERENCES • gor.iK of Aa4ic1 7o -( e k i c k eL L_ AVE": 45'6F. &i4-rti , AFL 33 43 pfd C e 02-rja 3ar x2 _ '7' /( - M e-gc y, Byte_ y9 -L. - Master Equipment List Your solution company 1955 NW 110 Avenue Miami, Florida 3317 -305) 261-3005 Office (305) 592-6079 Fax #_ID1. __ R-1 HYPAC MAKE R-3 CATERPILLAR (con techo) R-4 CATERPILLAR (sin techo) R BOMAG COMPACTORS MODEL CB 534 C CB 534 151 AD 5H -N00221 26600271 out of SERIAL NUMBER CHKD service 10932151855 OK 220-39 OK R-6 INGERSOLL RAND R BOMAG R-8 HYSTER ROLLER R-16 INGERSOLL RAND R- y INGERSOLL RAND R18 INGERSOLL RAND R-11-. INGERSOLL RAND DD -24 / YEAR: 1995 151 AD -2 C 340 DD -32 1409645BE 101490220137 OK A146C1517T OK DD -22 DD -90 HF DD -90 HF R -?0 INGERSOLL RAND INGERSOLL RAND HYSTER DRESSER DRESER DD -110 DD -110 TRAFFIC ROLLER C530 A TRAFFIC ROLLER P3500 A TRAFFIC ROLLER R-4 BOMAG 120 AD rTR-. BOMAG BW11RH 1-'2 HERTZ INGERSOLL DD 24 179517 178635 OK 5286SDD OK 172191 OK A91 C3472 OK SN93345 109A22201707 5982-500 OK OK ster PAVERS BLAW KNOX NEIL BLAW KNOX PV -13 BLAW KNOX PV -7 BLAW KNOX r -- D CASE LOADERS MODEL PF3122 DM 6500 PF2181 PF3200 PF-3172 SERIAL NUMBER 31723T-05 10334-26 0031-4269 21810129 32003-09 31723T-05 MAKE MODEL SERIAL NUMBER -Of CHKD service L-4 CASE r «---4 CASE L 621 B 821 B JEE0041977 JEE0051116 OK OK KOMATZU W-18 WA 320 9133736 A30388 [ CASE -' CASE 621C 621B JEE0092901 JEE0056738 OK JCB JCB L-1 JOHN DEER Mfg -3 MM 5 ROAD TEC WIRTGEN ROAD TEC Master Equipment List 456ZX SLP456702E05393357 MILLING MACHINES OK OK MAKE MODEL RX500-4118 W2200 SERIAL NUMBER RX500-4 1-7 3 821100081570023 00191 CHKD ?)-aror service 1 SCREENERS & CRUSHERS MAKE POWERSCREEN INERTIA SIMPLICITY MODEL BF4M1012C 4048 WO M -14 -SCREEN SWEEPERS SERIAL NUMBER 7215156 99231012 3514-M 14-448-S CHKD OK OK OK service J LAYMOR LAYMOR LAYMOR LAYMOR MAKE MODEL 8B 6HB SERIAL NUMBER CHKD 8B 8HC 25029 24572 26170-002 28045005 OK OK OK OK alit or service f= . " 3 s t e t ��y w i p m e i L i s t : ) v : " - : o S W - 6 1 - - U K U T R A C T O R ( B L U E ) 3 9 3 0 1 1 0 0 5 0 9 _ O K B R O C E B R O O M R C - 3 0 0 8 6 8 9 3 O K S W - 7 L A Y M O R 8 H C 2 8 8 2 - 0 0 5 O K U S - 3 W - 2 3 \ A ! - - E L G I N 2 1 0 6 2 6 7 1 9 - 0 0 2 E L G I N ( i n s u r e d b y A I G ) 2 0 0 6 B R O O M B E A R V i n # 1 F V A C X D C X 6 H V 1 9 5 7 8 O K S K I D S T E E R S I D B O B C A T M A K E M O D E L 8 7 3 G S E R I A L N U M B E R 5 1 4 1 4 1 1 2 5 C H K D O K o u t o r ; s e r v i c e 1 B C B O B C A T B C - 3 J O H N D E E R B C - 6 B O B C A T Q r e C A T E R P I L L A R 8 7 3 2 6 0 8 7 3 G 5 1 4 1 2 4 6 7 9 2 6 2 0 0 3 5 1 4 1 4 1 0 1 4 4 Y Z 0 2 2 9 4 O K 2 4 7 G + M A K E C O L E M A N ( 1 ) B O B C A T ( 1 ) B O B C A T ( 1 ) M I L L E R ( 1 ) B I L L Y G O A T ( 3 ) S A W - C U T M A C H I N E S ( 2 ) C O L E M A N ( 2 ) S A W - C U T M A C H I N E S ( 3 ) S A W - C U T M A C H I N E S ( 1 ) 1 H A N D T A M P E R S ( 2 ) M O D E L L I G H T T O W E R M I L L I N G A T T A C H M E N T J . C . B . M I L L I N G A T T A C H M E N T , I N G E R S O L L R A N D W E L D I N G M A C H I N E B L O W E R S A I R H A N D H E L D G E N E R A T O R S E R I A L N U M B E R C H K D O K O U T O T s e r v i c e W A L K B E H I N D H A N D H E L D V I B . Master Equipment List DOZERS #./#./Dj MAKE 0-� JOHN DEER MODEL 450H 1D 1 MA KE r '_ J.C.B. r- B-2 CATERPILLAR B-3 JOHN DEER B-5 CATERPILLAR BA CKHOES SERIAL NUMBER 880736 CHKD OUT OT service MODEL 217 SERIAL NUMBER 483435 CHKD OUT o service 416 410 EXCA VA TORS 5PC14502 T0410CA751043 6KL02437 ` # ID MAKE RE- E. CATERPILLAR RE -:t RE - RE -4 RE - CATERPILLAR CATERPILLAR MODEL 325 BL 325 L SERIAL NUMBER CHKD OUT OT service 2JR00608 7LM1314 CATERPILLAR CATERPILLAR 325L 330L 330BL 7LM00898 8FK0180 6DR00651 1 1 __._;ter L,,,,,,,mer,L LI c Page 6 GRADERS # ID MAKE MODEL SERIAL NUMBER CHKD Out Or service G-1 CATERPILLAR 12F 13K311 G-2 PUCKETT BROTHERS 510D PB688J548 G-3 HUBER 650 CM3751 G-4 HUBER AB6900 157A10 OK ARROW BOARDS # ID MAKE Out MODEL SERIAL NUMBER CHKD Or service A-1 SOLAR TECH SILENT SENTINEL SOLAR POWERED 4GM1A091681523200 A-2 SOLAR TECH SILENT SENTINEL SOLAR POWERED 4GM1A091181523203 A-3 SOLAR TECH SILENT SENTINEL SOLAR POWERED 4GM1A091381523204 1 SECTION 00410 BID BOND STATE OF FLORIDA) SS A M 1 1 I COUNTY OF ) MIAMI-DADE KNOW ALL MEN BY THESE PRESENTS, that HLLR PAVING, INC. as Principal, and Berkley Regional Insurance Company as Surety, a Corporation chartered and existing under the laws of the State of Iowa , with its principal offices in the City of Urbandale , and authorized to do business in the State of Florida are held and firmly bound unto the Owner, The Village of Key Biscayne the penal sum of Five Percent of Amount Bid in Dollars ($ 5% ) lawful money of 41 the United States, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated March 21, , 20 11 , for: MASHTA ISLAND RESURFACING IMPROVEMENTS Village of Key Biscayne, Florida NOW, THEREFORE: A. If the principal shall not withdraw said bid within sixty (60) days after date of opening of the same, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the Owner in accordance with the bid as accepted, and give bonds with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. B. In the event of the withdrawal of said bid within the period specified, or the failure to enter into such contract and give such bonds within the time specified, if the principal shalt pay the Owner the difference between the amount specified in said bid and the amount for which the Owner may procure the required work and supplies, if the latter amount be in excess of the former, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. 00410-1 01108-023.08.03 IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals, this 2� day of March , A.D., 2011 , 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, WITNESSES: (If Sole Ownership or Partnership, two (2) witnesses required). (If Corporation, Secretary Only will attest and affix seal). WITNESSES: PRINCIPAL: H&R Paving, Inc. Name of Firm X .r Lu -ci,s 6o /1/4J 1,4- r. —7katy meaza Signature o Aut onze • ffix Seal) Raul Gonzalez, Pres dent Title 1955 Northwest 110th Avenue Business Address Miami, Florida 33172 City, State & Zip Code SURETY: Berkley Regional Insurance Company Corpor urety AinAnc, Attrne�y-in-Fa (Affix Seal) ar es D. elson 11201 Douglas Avenue Business Address Urbandale, Iowa 50322 City, State & Zip Code Nielson, Hoover & Associates Name of Local Insurance Agency 00410-2 01108-023.08.03 CERTIFICATES AS TO CORPORATE PRINCIPAL I, Lucrecia Gonzalez , certify that 1 am the Secretary of the Corporation named as Principal in the within bond; that Raul Gonzalez who signed said bond on behalf of the principal, was then President of said corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly igned, sealed, and attested for and in behalf of said corporation by authority of its .governing y Secretary (Corporate Sea Lucrecia Gonzalez STATE OF FLORIDA) ss COUNTY OF MIAMI- ) DADS Before me, a Notary Public duly commissioned, qualified and acting, personally aptseared Charles D. Nielson , to be well known, who being by me first duly sworn upon oath, says that he is the Attorney -in -Fact, for the Berkley Regional Insurance Company and that he has been authorized by them to execute the foregoing bond on behalf of the Contractor named therein in favor of the Owner, the Village of Rey Biscayne • Swom and Subscribed to before me this 21st day of March ,20 11, AD. (Attach Power of Attorney to original Bid Bond) 16 Public State • da at.Large mission Expires: March 27, 2015 END OF SECTION 00410-3 01108-023.08.03 No. ZSZf POWER OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa, has made, constituted and appointed, and does by these presents make, constitute and appoint: Charles J. Nielson, Charles D. Nielson or Joseph P. Nielson of Nielson & Company, Inc. of Miami Lakes, FL its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 Dollars ($50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, S .5 without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following o resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000: rA, "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations Y -g tY P g on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; a.) and further o RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, 0 0 or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the u, manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and F further ° RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or o tlo other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as ' though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any • - person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have E ceased to be such at the time when such instruments shall be issued." o• n. IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its '' corporate seal hereunto affixed this f 7 day of 3- , 2010. � b o Attest: % Berkley Re . • 1 Insur • ' ceompany 4-1 o 3-4 bn Q (Seal) By �� '' By -� Ira S. Lederman H Senior Vice President & Secretary WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. o ,$ STATE OF CONNECTICUT ) -go § a� ss: PI, •CA COUNTY OF FAIRFIELD ) Robert P. Cole Senior Vice President o sworn to before me, a Notary Public in the State of Connecticut, this l . day of "TaVYAA.+- , 2010, by Robert P. Cole and Ira • o 6 S. Lederman who are sworn to me to be t Stegiorl,T Presjd1n and the Senior Vice President and Secretary, respectively, of 1 Berkley Regional Insurance Company. NOAR— , Notary Public, State of Connecticut d ,5., CERTIFICATE 1 •° I, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the 2 ,2 foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked z e or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this ou Power of Attorney is attached, is in full force and effect as of this date. y Given under my hand and seal of the Company, this 21st day of March , 2011 (Seal) Steven Coward CONTRACT FOR CONSTRUCTION THIS IS A CONTRACT, by and between THE VILLAGE OF KEY BISCAYNE, FLORIDA, a municipal corporation of the State of Florida, (hereinafter referred to as "Village"), and H & R Paving, a Florida corporation, (hereinafter referred to as "Contractor".) W I T N E S S E T H, that Contractor and Village, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK 1.1 Contractor hereby agrees to furnish all of the labor, materials, equipment, services and incidentals necessary to perform all of the Work described in the Contract Documents including Plans, Specifications and Addenda thereto for the following Proj ect: MASHTA ISLAND RESURFACING IMPROVEMENTS as described in the Plans prepared by CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. ("C3TS") (the "Village's Project Engineer"). ARTICLE 2 CONTRACT TIME 2.1 Contractor shall be instructed to commence the Work by written instructions in the form of a Notice to Proceed issued by the Village Manager. The Notice to Proceed will not be issued until Contractor's submission to Village of all required documents and after execution of this Contract. 2.2 Time is of the essence throughout this Contract. The Contractor shall prosecute the work with faithfulness and diligence and the Base Bid Work shall be substantially completed within forty-five (45) calendar days from the date specified in the Notice to Proceed. The Work shall be completed and ready for final payment in accordance with Article 3 within thirty (30) calendar days from the date certified by Village's Project Engineer as the date of Substantial Completion. 0500 - 1 01108-023.08.03 2.3 Upon failure of Contractor to substantially complete the Contract within the specified period of time, Contractor shall pay to Village the sum of Five Hundred Dollars ($500.00) for each calendar day after the time specified in Section 2.2 above for Substantial Completion. After Substantial Completion, should Contractor fail to complete the remaining Work within the time specified in Section 2.2 above for completion and readiness for final payment, Contractor shall pay to Village the sum of Two Hundred and Fifty Dollars ($250.00) for each calendar day after the time specified in Section 2.2 for completion and readiness for final payment. These amounts are not penalties but are liquidated damages to Village for its inability to obtain full beneficial occupancy and use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by Village as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the Contract on time. The above -stated liquidated damages shall apply separately to each phase of the Project for which a time for substantial and/or final completion is given. 2.4 Village is authorized to deduct the liquidated damages from monies due to Contractor for the Work under this Contract. ARTICLE 3 CONTRACT PRICE 3.1 Village shall pay to Contractor for the performance of the Contract, the total lump sum of One Hundred Seventy Six Thousand One hundred Fifty Nine & Sixty Cents ($176,159.60) subject to the conditions, limitations and restrictions of Section 3.4. This price shall be full compensation for all costs, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown, or both, in the Plans and Specifications. 3.2 The sum set forth in Paragraph 3.1 shall constitute the Contract Price which shall not be modified except by any Change Order issued by Village or as otherwise specified herein. 3.3 The Contract Price may be adjusted by Village pursuant to Article 12 of the General Conditions. 3.4 Village and Contractor agree that this Contract shall be subject to the condition precedent that Village funds are available and budgeted for the accomplishment of the Work for this Project, and that the Village secures and obtains any necessary loans for the accomplishment of this Project pursuant to a borrowing enabling ordinance and any loan implementing resolution adopted by the Village Council, 0500 - 2 01108-023.08.03 and as described in the Village Council Resolution which awards and authorizes the execution of this Contract. ARTICLE 4 CONTRACT DOCUMENTS 4.1 The Contract Documents which comprise the entire agreement between the Village and the Contractor concerning the Work consist of this Contract for Construction, the Drawings, Plans and Specifications, the Invitation for Bids, the Addenda, the Bid, Instructions to Bidders, the General and Supplementary Conditions, FHWA- 1273, the Performance Bond and Payment Bond, Insurance Certificates, the Notice of Award, the Notice to Proceed, any Change Orders and any other Contract Documents, not specifically listed herein which shall be considered incorporated into and made a part of this Contract by this reference and shall govern this Project. Contractor is reminded and hereby recognizes that all Work under this contract must comply with applicable federal regulations. Any mandatory clauses which are required by such federal regulations shall be deemed to be incorporated herein immediately upon Village's written request. 4.2 This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of these Contract Documents that are not contained herein. Accordingly it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 4.3 The Contract Documents shall remain the property of the Village. The Contractor shall have the right to keep one record set of the Contract Documents upon completion of the Project; provided; however, that in no event shall the Contractor use, or permit to be used, any or all of such Contract Documents on other Projects without the Village's prior written authorization. ARTICLE 5 WAIVER OF JURY TRIAL Village and Contractor knowingly, irrevocably, voluntarily and intentionally waive any right either may have to a trial by jury in State and or Federal court proceedings in respect to any action, proceeding, lawsuit or counterclaim based upon the Contract for Construction, arising out of, under, or in connection with the Construction of the Work, or any course of conduct, course of dealing, statements or actions or inactions of any party. 0500 - 3 01108-023.08.03 ARTICLE 6 ASSIGNMENT Neither party shall assign the Contract or any sub -contract in whole or in part without the written consent of the other, nor shall Contractor assign any monies due or to become due to it hereunder, without the previous written consent of the Village Manager. ARTICLE 7 MISCELLANEOUS 7. Insurance Requirements: 7.1 Contractor shall provide and maintain in force until all the Work to be performed under this Contract has been completed and accepted by Village (or for such duration as is otherwise specified hereinafter), the insurance coverages set forth in the Contract Documents. 7.2 Village's Right To Terminate Contract 7.2.1 If Contractor fails to timely begin the Work, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if the Contractor shall fail to perform any material term set forth in the Contract Documents or if Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, Village may, upon seven (7) days written Notice of Termination, terminate the services of Contractor, exclude Contractor from the Project site and take the prosecution of the Work out of the hands of Contractor, and use any or all materials on the Project site which have been paid for by the Village, as may be suitable and acceptable and may finish the Work by whatever methods it may deem expedient. In such case Contractor shall not be entitled to receive any further payment until the Project is completed. All damages, costs and charges incurred by Village, together with the costs of completing the Project, shall be deducted from any monies due or which may become due to Contractor. In case the damages and expenses so incurred by Village shall exceed the unpaid balance, then Contractor shall be liable and shall pay to Village the amount of said excess. 0500 - 4 01108-023.08.03 7.3 Contractor to Check Plans, Specifications and Data: Contractor shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from Village's Project Engineer, and shall notify Village's Project Engineer in writing of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery and Village's Project Engineer will promptly review the same. Any Work done after such discovery, but prior to written authorization of the Village's Project Engineer, will be done at the Contractor's sole risk. 7.4 Contractor's Responsibility for Damages and Accidents 7.4.1 Contractor shall accept full responsibility for the Work against all loss or damage of any nature sustained until final acceptance by Village, and shall promptly repair any damage done from any cause. 7.4.2 Contractor shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by Village, Contractor shall replace same without cost to Village. 7.5 Defective Work/Guarantee 7.5.1 Village shall have the authority to reject or disapprove Work which the Village finds to be defective. If required by the Village, Contractor shall promptly either correct all defective Work or remove such defective Work and replace it with nondefective Work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 7.5.2 Should Contractor fail or refuse to remove or correct any defective Work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by Village's Project Consultant, Village shall have the authority to cause the defective Work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by Village in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor. In the event of failure of Contractor to make all necessary repairs promptly and fully, Village may declare Contractor in default. 7.5.3 The Contractor shall unconditionally guarantee all materials and equipment furnished and Work performed for a period of one (1) year from the date of substantial completion. If, within one (1) year after the date of substantial completion, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor, after receipt of written notice from 0500 - 5 01108-023.08.03 Village, shall promptly correct such defective or nonconforming Work within the time specified by Village without cost to Village. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents including but not limited to any claim regarding latent defects. 7.5.4 Failure to reject any defective Work or material shall not in any way prevent later rejection when such defect is discovered. 7.6 Legal Restrictions and Traffic Provisions: Contractor shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of Work and Contractor's general operations. Contractor shall conduct its operations so as not to interfere with or close any thoroughfare, except as provided for in the Contract Documents, without the written consent of the proper authorities. 7.7 Examination and retention of Contractor's Records 7.7.1 The Village or any of their duly authorized representatives shall, until 3 years after final payment under this contract, have access to and the right to examine any of the Contractor's books, ledgers, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions. 7.7.2 The Contractor agrees to include in first -tier subcontracts under this contract a clause substantially the same as subparagraph 7.7.1 above. "Subcontract," as used in this clause, excludes purchase orders not exceeding $10,000. 7.7.3 The right to access and examination of records in subparagraph 7.7.1 shall continue until disposition of any mediation, claims, litigation or appeals. 7.8 No Damages for Delay No claim for damages or any claim, other than for an extension of time shall be made or asserted against Village by reason of any delays. Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from Village for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay. Notwithstanding the above, and in accordance with the requirements of Article 12 of the General Conditions, the Contractor shall be 0500 - 6 01108-023.08.03 granted an extension of time and suspension of liquidated damages for any delay beyond the control of the Contractor. Should any delay, disruption, interference or hindrance be caused by the Village, for a continuous period or cumulative period of thirty (30) days, the Contractor may terminate the Contract upon seven days written notice to the Village. 7.9 Public Entity Crimes Affidavit Contractor shall comply with Section 287.133, Florida Statutes, (Public Entity Crimes Statute) notification of which is hereby incorporated herein by reference, including execution of any required affidavit. 7.10 Indemnification Contractor shall indemnify and hold harmless Village, Village's officers and employees and Village's Project Engineer and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor and persons employed or utilized by A.Contractor in the performance of the Agreement. 7.11 Capitalized Terms Capitalized terms shall have eir plain meaning as indicated herein. 7.12 Inde • C ' tractor: The Contractor is an independent contractor under the Contract. Services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not '.as officers, employees, or agents of the Village. Personnel policies, tax re*onsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract shall be those of the Contractor. 7.13 Payment to Sub -contractors Certification of Payment to Subcontractors: The term "subcontractor", as used herein, includes persons or firms furnishing materials or equipment incorporated into the work or stockpiled for which the Village made partial payment and firms working under equipment -rental agreements. The Contractor is required to pay all subcontractors for satisfactory performance of their Contracts before the Village will make a further progress (partial) payment. The Contractor shall also return all retainage withheld to the subcontractors within 30 days after the subcontractor's work is satisfactorily complete, as determined by the Village. Prior to receipt of any progress (partial) payment, the prime contractor shall certify that all subcontractors having an interest in the Contract were paid for satisfactory performance of their 0500 - 7 01108-023.08.03 Contracts and that the retainage is returned to subcontractors within 30 days after satisfactory completion of the subcontractor's work. Contractor shall provide this certification in the form designated by the Village. The Village will not make any progress payments after the initial partial payment until the Contractor completes the Equal Opportunity monthly report, unless the Contractor demonstrates good cause for not making any required payment and furnishes written notification of any such good cause to both the Village and the affected subcontractors and suppliers. Within 30 days of the Contractor's receipt of the final progress payment or any other payments thereafter, except the final payment, the Contractor shall pay all subcontractors and suppliers having an interest in the Contract for all work completed and materials furnished. The Village will honor an exception to the above when the Contractor demonstrates good cause for not making any required payment and furnishes suppliers within said 30 -day period. IN WITNESS WHEREOF, the parties hereto have ma e and executed this Agreement on the r ectiv,e • ates under each ature: VILLAG OF KE IS ' AYNE, FLORIDA ' ' g by illage 1 ' .j tion on th ay of 11, signing by and through A LO B Village Clerk illag- ' anager APPROVED AS TO FO' AND LEGAL SUFFICIE Y: LAGE AT • RSV i This ZSday of Aprj ( 2011. By: 0500 - 8 01108-023.08.03 CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION FORMAT, AS APPLICABLE. ATTEST;,.-) (Corporate Seal) This day of By: 2011. -) .,_ (Sig e (Type Name/Title signed above) 0500 - 9 01108-023.08.03 Bond No. 0155 817 SECTION 00610 PERFORMANCE BOND STATE OF FLORIDA) ss COUNTY OF ) MIAMI-DADE KNOW ALL MEN BY THESE PRESENTS, that H&R PAVING, INC. as Principal, hereinafter called Contractor, and Berkley Regional Insurance Company as Surety, hereinafter called Surety, are held and firmly bound unto the Village of Key Biscayne , as Obligee, 0ne Hundred Seventy Six Thousand One Hundred hereinafter called Owner, in the amount of Fifty Nine and 60/100 Dollars ($ 176,159.60 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, contractor has by written agreement dated , 20 _, entered into a Contract with Owner for: MASHTA ISLAND RESURFACING IMPROVEMENTS Key Biscayne, Florida in accordance with Drawings and Specifications prepared by Corzo Castella Carballo Thompson Salman, P.A. which Contract is by reference made a part hereof and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall in all respects promptly and faithfully perform and r_.on,ni" with the tarme nrtri conditions of said Contract and his obligations thereunder and shall indemnify the Owner and the Consulting Engineer and save either or all of them harmless against and from all costs, expenses and damages arising from the performance of said Contract or the repair of any work thereunder, then this obligation shall be void; otherwise, this Bond shall remain in full force and effect, in accordance with the following terms and conditions: A. The Principal and Surety jointly and severally agree to pay the Owner any difference between the sum to which the said Principal would be entitled on the completion of the Contract, and that sum which the Owner may be obliged to pay for the 00610 - 1 01108-023.08.03 completion of said work by Contract or otherwise, and any damages, direct or indirect or consequential, which the said Owner may sustain on account of such work, or on account of the failure of said Contractor to properly and in all things, keep and execute all of the provision of said Contract. B. And this Bond shall remain in full force and effect for a period of one (1) year from the date of acceptance of the project by the Owner and shall provide that the Contractor guarantees to repair or replace for said period of one (1) year all work performed and materials and equipment furnished that were not performed or furnished according to the terms of the Contract, and shall make good, defects thereof which have become apparent before the expiration of said period of one (1) year. if any part of the project, in the judgment of the Owner, for the reasons above stated needs to be replaced, repaired or made good during that time, the Owner shall so notify the Contractor in writing. If the Contractor refuses or neglects to do such work within five (5) days from the date of service of such Notice, the Owner shall have the work done by others and the cost thereof shall be paid by the Contractor or his Surety. C. 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 accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive Notice of any change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications. D. The surety represents and warrants to the Owner that they have a Best's Key Rating Guide General Policyholder's Rating of " A+ " and Financial Category of "Class X IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals, this day of 20 , A.D., 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. WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses Required). (If Corporation, Secretary Only will attest and affix seal). 00610 - 2 01108-023.08.03 CERTIFICATES AS TO CORPORATE PRINCIPAL I, Lucrecia Gonzalez , certify that 1 am the Secretary of the Corporation named as Principal in the within Bond; that Raul Gonzalez who signed the said bond on behalf of the Principal, was then President of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing bo Corporate Seal STATE OF FLORIDA) SS COUNTY OF Lucrecia Gonz, ez, Secretary MIAMI-DADE Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared Charles D. Nielson to be well known, who being by me first duly sworn upon oath, says that he is the Attorney -in -Fact, for the Berkley Regional Insurance Company and that he has been authorized by them to execute the foregoing bond on behalf of the Contractor named therein in favor of the Village of Key Biscayne, Florida. Sworn and Subscribed to before me this 21 day of April ,2011 A.D. (Attach Power of Attorney) END OF SECTION Public - Slat'e of Florida at Large My Commission Expires: 03/27/15 1.4k, NotaryPublic State of Florida Gloria McClure 3 My Commission EE065749 cr t.O Expires 03/27/2015 00620-4 01108-023.08.03 WITNESS: (If Sole Ownership or Partner two (2) Witnesses Required). (If Corporation ecretary WITNESSES: / attest and affix seal). PRINCIPAL H&R v,'Cng, I ,.- r ,-.'"- P Signature ofAuthorized Officer Raul Gonzalez, President CA ix Seal) Title 1955 Northwest 110th Avenue Business Address Miami, Florida 33172 City, State & Zip Code SURE Berkley Regional Insurance Company 0 Corporate Surety Charles D. Nielson, Attorney -in -Fact Title 11201 Douglas Avenue Business Address Urbandale, Iowa 50322 City, State & Zip Code Nielson, Hoover & Associates Name of Local Insurance Agency 00620-3 01108-023.08.03 No. 282f POWER OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa, has made, constituted and appointed, and does by these presents make, constitute and appoint: Charles J. Nielson, Charles D. Nielson or Joseph P. Nielson of Nielson & Company, Inc. of Miami Lakes, FL its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 Dollars ($50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and govemed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000: .J J "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued." IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this / 7 day of Y'�c , 2010. Attest: Berkley Re al Insurjiceompany (Seal) By /l V By Ira S. Lederman Senior Vice President & Secretary Robert P. Cole Senior Vice President WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT ) ) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this (9 day of 7-a'Y+ti J , 2010, by Robert P. Cole and Ira S. Lederman who are sworn to me to be the, SPpipr<Yice. Presider ,; and the Senior Vice President and Secretary, respectively, of Berkley Regional Insurance Company. , r " Notary Public, State of Connecticut CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this day of (Seal) Steven Coward Instructions for Inquiries and Notices Under the Bond Attached to This Pow 'er- Bcrkle Surety Group, LLC is the affiliated underwriting manager for the surety business of: Acadia Insurance Company, Berkley Insurance Company, Berkley- Regional Insurance Company, Carolina C asualty Insurance Company, Union Standard Insurance Company, Continental Western Insurance Company, and Union Insurance Company. To verify the authenticity of the bond, please call (866) 768-3534 or email BSGInquiry berkle.N surety .com \nv written notices, inquiries, claims or demands to the surety on the bond to which this Rider is attached should be directed to: Berkley Surety Group, LLC 412 Mount Kemble AN enue Suite 310N Morristown, NJ 07960 Alttention: Suret Claims Department Or email BSGClaim(a berklevsurery .com Please include with all notices the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond, please identify the project to w hich the bond pertains. .r�eCson, ffoover ssociaies BoncC z�epartment Public Works Bond In compliance with Florida Statutes 255.05(1)(a) Bond No.: Contractor: Contractor Address: Contractor Phone No.: Surety Company: Surety Address: Surety Phone No.: Owner Name: Owner Address: Owner Phone No.: Contract/Project No.: Project Name: Project Location: Legal Description and Street Address: Description of Work: 01J5 817 H&R Paving, Inc. 1955 Northwest troth Avenue Miami, Florida 33172 (305) 261-3005 Berkley Regional Insurance Company 11201 Douglas Avenue Urbandale, Iowa 50322 (203) 629-3000 The Village of Key Biscayne 88 West Mclntrye Drive Key Biscayne, Florida 33149 Mashta Island Resurfacing Improvements Key Biscayne, Florida N/A - Various locations Roadway work Front Page All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be preprinted thereon. Bond No. 0155 817 SECTION 00620 PAYMENT BOND STATE OF FLORIDA) ss COUNTY OF ) MIAMI-DADE KNOW ALL MEN BY THESE PRESENTS, that H&R PAVING, INC. as Principal, hereinafter called Contractor, and Berkley Regional Insurance Company as Surety, hereinafter called Surety, are held and firmly bound unto the village of Key Biscayne Obligee, hereinafter called Owner, in the amount of one Hundred Seventy Six Thousand One Hundred Fifty Nine and 60/100 , as Dollars ($ 176,159.60 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated , 20_, entered into a Contract with Owner for: MASHTA ISLAND RESURFACING IMPROVEMENTS Key Biscayne, Florida in accordance with Drawings and Specifications prepared by Corzo Castella Carballo Thompson Salman, P.A. which Contract is by reference made a part hereof and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal shall promptly make payment 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: A. A claimant is defined as any person supplying the Principal with labor, material and supplies, used directly or indirectly by the said Principal or any subcontractor in the prosecution of the work provided for in said Contract, and is further defined in Section 255.05(1) of the Florida Statutes. B. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after performance of the labor or after complete delivery of materials and supplies by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and 00620-1 01108-023.08.03 have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. C. No suit or action shall be commenced hereunder by any claimant. 1. Unless claimant, other than one having a direct contract with the Principal, shall within forty-five (45) days after beginning to furnish labor, materials or supplies for the prosecution of the work, furnish the Principal with a notice that he intends to look to this bond for protection. 2. Unless claimant, other than one having a direct contract with the Principal, shall within ninety (90) days after such claimant's performance of the labor or complete delivery of materials and supplies, deliver to the Principal written notice of the performance of such labor or delivery of such material and supplies and the nonpayment therefore. 3. After the expiration of one (1) year from the performance of the labor or completion of delivery of the materials and supplies; it being understood, however, that if any limitation embodied in this Bond is prohibited by any law controlling the construction hereof such limitations shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. 4. Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. D. The Principal and the Surety jointly and severally, shall repay the Owner any sum which the Owner may be compelled to pay because of any lien for labor or materials furnished for any work included in or provided by said Contract. E. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration of or addition to the terms of the Contract or to the work to be performed thereunder or 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. F The Surety represents and warrants to the Owner that they have a Best's Key Rating Guide General Policyholder's rating of " A+ " and Financial Category of "Class x "_ IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals, this day of 20 , A.D., 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. 00620-2 01108-023.08.03 CERTIFICATES AS TO CORPORATE PRINCIPAL Lucrecia Gonzalez , certify that I am the Secretary of the Corporation named as Principal in the within Bond; that Raul Gonzalez who signed the said bond on behalf of the Principal, was then President of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Corporate Seal STATE OF FLORIDA) ss COUNTY OF ) Lucrecia Gonzalez, Secretary MIAMI-DADE Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared Charles D. Nielson to be well known, who being by me first duly sworn upon oath, says that he is the Attorney -in -Fact, for the Berkley Regional Insurance Company and that he has been authorized by them to execute the foregoing bond on behalf of the Contractor named therein in favor of the Village of Key Biscayne, Florida. Sworn and Subscribed to before me this 21 day of (Attach Power of Attorney) END OF SECTION April ,2011AD ry Pi ihlir. - .gtatcl of Pit -wit -1n at Large My Commission Expires: 03/27/15 ,�plYPtikt, Notary Public State of Florida Gloria McClure • < My Commission EE065749 of 0. Expires 03127/2015 This bond is given to comply with section 255.05 Florida Statutes, and any action instituted by a claimant under this bond for napayment ion r prov isions Bt be in accordance ons in Section 255.05(2), Floridah the notice rps nd time limitation p 00620-4 01108-023.08.03 WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses Required). (If Corpor ii�, Secret Only will attest and affix seal). WITNESSES: / PRINCIPAL? H&R P Signature of Authorized Off ' -r (Affix Seal) Raul Gonzalez, President Title 1955 Northwest 110th Avenue Business Address Miami, Florida 33172 City, State & Zip Code SURETY. Berkley Regional Insurance Company D. lititil, Corporate Surety Charles D. Nielson, Attorney -in -Fact Title 11201 Douglas Avenue Business Address Urbandale, Iowa 50322 City, State & Zip Code Nielson, Hoover & Associates Name of Local Insurance Agency 00620-3 01108-023.08.03 No. 282f POWER OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa, has made, constituted and appointed, and does by these presents make, constitute and appoint: Charles J. Nielson, Charles IA Nielson or Joseph P. Nielson of Nielson & Company, Inc. of Miami Lakes, FL its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 Dollars ($50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000: "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued." IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this / 7 day of D— 7, 2010. Attest: ! Berkley Re al Insuriceompany Seal) By Ira S. Lederman Senior Vice President & Secretary By Robert P. Cole Senior Vice President WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT ) ) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this ( day of GYIAAA-a- -) , 2010, by Robert P. Cole and Ira 2 S. Lederman who are sworn to me to be the. Se pr3 ipe. Pr<esidenl, and the Senior Vice President and Secretary, respectively, of -t Berkley Regional Insurance Company. a z Notary Public, State of Connecticut CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. Given u•.idcr my hand and seal of the Company, this day of (Seal) Steven Coward Instructions for Inquiries and Notices Under the Bond _Attached to This PolNer Berkley Surety Group, LLC is the affiliated underwriting manager for the surety business of: i.cadia lnsuranc:° Company, Berkley Insurance Company, Berkley Regional Insurance Company, Carolina Casualty Insurance Company, Union Standard Insurance Company, Continental \v'estern Insurance Company, and Union Insurance Company. To verify the authenticity of the hond, please call (866) 768-3534 or email BSG 1 nquiry a hcrklcy surety .cone .Any written notices, inquiries, claims or demands to the surety on the hond to w hich this Rider is attached should be directed to: Berkley Surety Group, LLC 412 Mount Kemhle .AVenue Suite 310N Morristown, NJ 07960 :Attention: Surety Claims Department Or email BSGClaim(a herkleysurety .com Please include with all notices the bond number and the name of the principal on the hond. A\ here a claim is being asserted, please set forth generally the basis of the claim, In the case of a payment or performance hond. please identify the project to w hich the hond pertains. UP- .AhILI I Y INSURANCE 04/27/2011 PRONHCER (?t-;5)$22 7t 0(�� Co- I i n: V C r t h, A l t c r F Ov- a 80)C Gn•1 1'rc rs Sva Ac B=l yt Suite 30: Miami Lakes, FL 33016 gA) (305) S� -4294 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION tic ONLY 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 # INSUREC H & R Paving Inc. 1955 NW 110th Ave Miami, FL 33172 INSURER A Travelers Indemnity America INSURER B Charter Oak Fire Ins Co INSURER C INSURER D INSURER E• THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMfTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR ADD'L INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY DATE (MM/OD/YY) POLICY EXPIRATION DATE (MMLDDIM LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY DTC09831P196TIA11 05/01/2011 05/01/2012 EACH OCCURRENCE $ 1,000,000 X DAMAGE TO RENTED PRFMISFS (Fa nr-rurPnce) $ 300,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER n jECT n LOC PRODUCTS - COMP/OP AGG $ 2,000,000 nPOLICY B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS DT8109831P196COF11 05/01/2011 05/01/2012 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 1 OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? It yes, descnbe under SPECIAL PROVISIONS below W SLATT- 70R ERY LIMITS E L EACH ACCIDENT $ E.L DISEASE - EA EMPLOYEE $ E L DISEASE - POLICY LIMIT $ OTHER DES Mashta Village respects RIPTION Of OPERATIONS 1 L ATIQNS / VcHICLES / EXCLUSIONS A4 BY ENDORSEMENT / SPECIAL PROVISIONS Island Resurfacing improvements Village of Key Biscayne C3TS Project No.: 01108-023.08.03 of Key Biscayne and C3TS, 901 Ponce de Leon Blvd. are listed as additional insured with to General Liability CERTIFICATE HOLDER Village of Key Biscayne 88 W. McIntyre Street Ket Biscayne, FL 33149 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Richard French/TERESA ACORD 25 (2001/08) ©ACORD CORPORATION 1988 TM A Family of Employer Solutions. April 26, 2011 H & R Paving, Inc. Angie Hernandez 1955 NW 110th Ave. Miami, FL 33172 Dear Ms. Hernandez, We are writing this letter in order to provide an explanation of your organization's relationship and status with us. FrankCrum 4, Inc. ("FrankCrum") is a duly licensed employee leasing company under Florida Statute § 468.520 et. seq. and is part of the FrankCrum family of professional employer organizations. H & R Paving, Inc. ("H & R Paving") entered into a contractual relationship with FrankCrum on or about May 12, 2003. Pursuant to the contractual relationship between FrankCrum and H & R Paving we provide payroll services and workers' compensation coverage for the leased employees for whom H & R Paving submits applications, working hours and funds for the payroll and associated fees, according to the terms of the parties' contract. The "payroll services" include that FrankCrum assumes responsibility for the payment of payroll taxes and collection of taxes from payroll on all leased employees, including federal and state income tax withholdings, federal and state unemployment taxes, Social Security taxes, and any other applicable federal, state or local taxes. In reference to workers' compensation coverage, as stated above and referenced on the certificates of coverage, the policy is issued to FrankCrum as the insured and provides coverage to the employees on FrankCrum's payroll (the leased employees). Client companies such as H & R Paving pay for such coverage as part of the service FrankCrum provides and through periodic billing statements. Should you have any other questions, please do not hesitate to contact me at 727-726- 2786. Sincerely, Licr,o Rhonda C. Wagers Executive Assistant to President FrankCrum ICC F e 800.393.08 100 South Missovr: Avenue, CIearwate-, FL 33756 oiww.frankcrum coy, L �� SECTION 00660 CERTIFICATE -OF INSURANCE THIS IS TO CERTIFY THAT THE, —Mt 6Tr'cAtve.La_S to C.e Co. (Ins rand Company) Address 'd COt..L W * ? :VC. �� to • loop 11 kid) of Mt Le. V.,4 I 9(. 3! oi* has issued policies of lnsurande, aS described beta* and Identified by a polioy number to the insured named beloW: and to pertify that:such•policles are in NH force and.effect at.this time, It Is agreed':(hat none of these pvjicIes will be canceled Or changedso as to affect the interest(s) ofthe Village ofi<ey Biscayne (hereinafter sometimes called the-Owner)*un„tli:thi.rty (3Q) days after written notice of such oancella iOn=orchonge has been delivered to the Engineer; -Cbrzo:Caatella Carbatio Thompson•Selmsn, P.A.. Insured Address H 42k6trl Wr1Co. 1415.6 01/.3 110 Avc.. . t�IaNti Fc 3317L Status Of Insured:. i( _ ,'Corporation ---__- Partnership Individual Location of Operations Insured . i5&Sf E P6 , CtiOa"*.. le Description of Work: IVIAS11TA ISLAND RESURFACING IMPROVEMENTS Key Biscayne! Florida INSURANCE POLIUIES'IN-FORCE: Forms of Coveraae •Workers CompJ rrnployers Liability +Comprehensive Automobile Liability °Comprehensive .General Lisbillty +Excess Liability €\iQ.de5-(1 »S ' O. Other (Please specify type, _ ) 1 !owlet Mari AA PolicY.Nurber Exp, Date vigio983)P Mt, SJo1/ ill '5Tc,og831 Pt96 s/oh! -�� C(0000 3/Ii*1 Cilutpoo607/Z99 Sjo,) g 00650-1 01108-023.06,03 POLICY INCLUDES COVERAGE FOR: YES NO 1. Additional Insured:- Owner $1- Engi-rt$er 2. 'Liability under the United _States Longshoremen's. -and Harbor Workers' Compensation Aci. 3. +M owned, hired, 'or rionowried automotive equipment used -connectiortwith wo . done for -the Owner.. 4. oContractual-Uabillty 5. oDemege caused bye-expiosi0n. collapse Or structural injury, and darriage•t0 under- ground utlilties, 6. °Products1Completed Operations _e_ 7; 0OkiiiserS and Contractors Pratective Liability ✓_. 8. °Personal Injury Liability ✓ 9. +Excess ,Uabill(y applies excess of:, (a) -Ertiptb ere Liability (b) Comprehensive General Liability) • :,.. ,,. (0) 1✓ ornprehensive. Auionlobi a L,iab .liar I! TYPES -OF- POLICY FORMS'.OF COVERAGE LIMITS ;OF LIABILITY Workers' Compensation. Bodily Injury 4 0) let s Statutory Employers Liability Bodily injury $ . Each Accident Disease $ • Each Person .Disease $ Polity - Limit Comprehensive Auto Liability CombinedSingle $/,00000. Each Omit:SI/PR Accident 00650-2 01108=023.08.03 Comprehensive General Bodily injury $ . EaOh Liability Occurrence $, Aggregate Property Damage $ Each .bccurrerice Aggregate, OR Combined Single Limit B1/PD Occurrence $%,OP.°,O00. Each' S it°Aggregate Excess Liability Combined Single Unlit Dl/PD $/e/oon 00,Aggregate Other The lnsurence Company hereby agrees -.to deljv,,en,within fen (4'O) dine/twoij.copiea of.the.above policiea.to the Engineer when so requested. NOTE: Entries on this certificate are limited to the Authortzed Agent on Insurance Company Representative: Date 63/Z/ 1 issued. at Insurance Agent Qr Compariy ,Send originstand one copy to Cotzo Castello Carballo tho"rnpaoti: Satnr$tt, P.A. '901 Ponce De Leon Boulevard, Suite 900 Coral t ab)aa, Piorida 33134 Attention: RamonrCastella, P0E,,'Principal:ii0 Charge Send two (2) copies to: Vhta�e: 'of Key Biscayne Pub to Works Daped/nonI Village of Key:Biacaytie Villege'Hall 8'8 W. Nlpintyre -Street Key B1eoayno, Florida 33149 Attention: Armando Nuftez, public=Works Director END OF SECTION 00650=3 01108r023.08.03 SECTION 00650 CERTIFICATE OF INSURANCE THIS IS TO CERTIFY THAT THE (Insurance Company) Address of has issued policies of insurance, as described below and identified by a policy number, to the insured named below; and to certify that such policies are in full force and effect at this time. It is agreed that none of these policies will be canceled or changed so as to affect the interest(s) of the Village of Key Biscayne (hereinafter sometimes called the Owner) until thirty (30) days after written notice of such cancellation or change has been delivered to the Engineer; Corzo Castella Carballo Thompson Salman, P.A.. Insured Address Status of Insured: Corporation Partnership Individual Location of Operations Insured Description of Work: MASHTA ISLAND RESURFACING IMPROVEMENTS Key Biscayne, Florida INSURANCE POLICIES IN FORCE: Forms of Coverage Policy Number Exp. Date *Workers Comp./Employers Liability +Comprehensive Automobile Liability oComprehensive General Liability +Excess Liability Other (Please specify type: ) 00650-1 01108-023.08.03 POLICY INCLUDES COVERAGE FOR: YES NO 1 Additional Insured: Owner & Engineer 2. *Liability under the United States Longshoremen's and Harbor Workers' Compensation Act. 3. +AII owned, hired, or nonowned automotive equipment used in connection with work done for the Owner. 4. oContractual Liability 5. oDamage caused by explosion, collapse or structural injury, and damage to under- ground utilities. 6. oProducts/Completed Operations 7. oOwners and Contractors Protective Liability 8. oPersonal Injury Liability 9. +Excess Liability applies excess of: (a) Employers Liability (b) Comprehensive General Liability (c) Comprehensive Automobile Liability TYPES OF POLICY FORMS OF COVERAGE LIMITS OF LIABILITY Workers' Compensation Bodily Injury $ Statutory Employers Liability Bodily Injury $ Each Accident Disease $ Each Person Disease $ Policy Limit Comprehensive Auto Liability Combined Single $ Each Limit BI/PD Accident 00650-2 01108-023.08.03 Issued at Insurance Agent or Company -Send original and one copy to: Comprehensive General Bodily Injury $ Each Liability Occurrence $ Aggregate Property Damage $ Each Occurrence $ Aggregate OR Combined Single Limit BI/PD $ Each Occurrence $ Aggregate Excess Liability Combined Single Limit BI/PD $ Aggregate Other The Insurance Company hereby agrees to deliver, within ten (10) days, two (2) copies of the above policies to the Engineer when so requested. NOTE: Entries on this certificate are limited to the Authorized Agent or Insurance Company Representative. Date (SEAL) Insurance Company Authorized Representative Corzo Castella Carballo Thompson Salman, P.A. 901 Ponce De Leon Boulevard, Suite 900 Coral Gables, Florida 33134 Attention: Ramon Castella, P.E., Principal in Charge Send two (2) copies to: Village of Key Biscayne Public Works Department Village of Key Biscayne Village Hall 88 W. McIntyre Street Key Biscayne, Florida 33149 Attention: Armando Nunez, Public Works Director END OF SECTION 00650-3 01108-023.08.03 SECTION 00660 ACKNOWLEDGEMENT OF CONFORMANCE WITH O.S.H.A. STANDARDS TO THE VILLAGE OF KEY BI AYNE: We, e /`' `'t` .. , hereby acknowledge and agree that as Contractors for the construction cf RESURFACING IMPROVEMENTS TO MASHTA ISLAND, Engineer's Project No.: 01108-023.08.03, within the limits of the Village of Key Biscayne, Florida, that we have the sole responsibility for compliance with all requirements of the Federal Occupational Safety and Health Act of 1970, and all State and Local Safety and Health regulations, and agree to indemnify and hold h mle the Village of Key Biscayne, Miami -Dade County, and its Consulting to Engineers a st y a all legal liability or loss the Village, County or the Engineer may incur due ATTEST ATTEST BY: END OF SECTION failure to comply with such act. // ,pv" AME DATE 00660-1 01108-023.04.03 SECTION 00665 TRENCH SAFETY ACT COMPLIANCE Bidder acknowledges that the Florida Trench Safety Act, Section 553.60 et. seq. which became effective October 1, 1990, shall be in effect during the period of construction of the project. The Bidder, by signing and submitting the bids, in writing, assuring that it will perform any trench excavation in accordance with applicable trench safety standards. The Bidder further identifies the following separate item of costs of compliance with the applicable trench safety standards as well as the methods of compliance: Methods of Compliance (fill in methods) Total $ Bidder acknowledges that this cost is included in the applicable items of the Proposal and in the Grand Total Bid Price. Failure to complete the above will result in the bid being declared non- responsive. The Bidder is, and the Owner and Engineer are not, responsible to review or assess Bidder's safety precautions, programs or costs, or the means, methods, techniques or technique adequacy, reasonableness of cost, sequences or procedures of any safety precaution, program or cost, including but not limited to, compliance with any and all requirements of Florida Statute Section 553.60 et. seq. cited as the "Trench Safety Act". Bidder is, and the Owner and Engineer are not, responsible to determine if any safety or safety related standards apply to the project, including but not limited to, the "Trench Safety Act." Signature of Authorized Representative (Manual) Name of Authorized Representative (Typed or Printed) Sworn to and subscribed before me in the State and County first mentioned above on the day of , 20 Notary Public My Commission Expires: (affix seal) END OF SECTION 00665-1 01108-023.08.03 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By XCEC AMuuv'h i.om c o} F INaltIN i Cor4iANInS 0 National Society of Professional Engineers Professional Engineers in Private Practice ASCE' American Society E of Civil Engineers PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by `�CLIt�1ifl��rt The Associated General Contractors of America Knowledge for Creating laj and Sustaining the Built Environment Construction Specifications Institute EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 1 Copyright ©2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C-520 or C-525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C-001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C-800) (2002 Edition). EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 2 TABLE OF CONTENTS Page ARTICLE 1.01 1.02 ARTICLE 2.01 2.02 2.03 2.04 2.05 2.06 1 - DEFINITIONS AND TERMINOLOGY Defined Terms Terminology 2 - PRELIMINARY MATTERS Delivery of Bonds and Evidence of Insurance Copies of Documents Commencement of Contract Times; Notice to Proceed Starting the Work Before Starting Construction Preconstruction Conference 2.07 Initial Acceptance of Schedules ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent 3.02 Reference Standards 3.03 Reporting and Resolving Discrepancies 3.04 3.05 3.06 Amending and Supplementing Contract Documents Reuse of Documents Electronic Data ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands 4.02 Subsurface and Physical Conditions 4.03 Differing Subsurface or Physical Conditions 4.04 Underground Facilities 4.05 Reference Points 4.06 Hazardous Environmental Condition at Site ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds 5.02 Licensed Sureties and Insurers 5.03 Certificates of Insurance 5.04 Contractor's Liability Insurance 5.05 Owner's Liability Insurance 6 6 8 9 9 9 9 9 9 9 9 10 10 10 10 11 11 11 11 11 12 12 13 13 13 14 14 15 15 15 16 16 17 17 17 18 18 18 18 18 18 19 20 21 21 21 22 22 22 22 23 5.06 Property Insurance 5.07 Waiver of Rights 5.08 Receipt and Application of Insurance Proceeds 5.09 Acceptance of Bonds and Insurance; Option to Replace 5.10 Partial Utilization, Acknowledgment of Property Insurer ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence 6.02 Labor; Working Hours 6.03 Services, Materials, and Equipment 6.04 Progress Schedule 6.05 Substitutes and "Or -Equals" 6.06 Concerning Subcontractors, Suppliers, and Others 6.07 Patent Fees and Royalties 6.08 Permits 6.09 Laws and Regulations 6.10 Taxes 6.11 Use of Site and Other Areas 6.12 Record Documents 6.13 Safety and Protection 6.14 Safety Representative EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 3 6.15 Hazard Communication Programs 6.16 Emergencies 6.17 Shop Drawings and Samples 6.18 Continuing the Work 6.19 Contractor's General Warranty and Guarantee 6.20 Indemnification 6.21 Delegation of Professional Design Services ARTICLE 7 - OTHER WORK AT THE SITE 7.01 Related Work at Site 7.02 Coordination 7.03 Legal Relationships ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor 8.02 Replacement of Engineer 8.03 Furnish Data 8.04 Pay When Due 8.05 Lands and Easements; Reports and Tests 8.06 Insurance 8.07 Change Orders 8.08 Inspections, Tests, and Approvals 8.09 Limitations on Owner's Responsibilities 8.10 Undisclosed Hazardous Environmental Condition 8.11 Evidence of Financial Arrangements ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative 9.02 Visits to Site 9.03 Project Representative 9.04 Authorized Variations in Work 9.05 Rejecting Defective Work 9.06 Shop Drawings, Change Orders and Payments 9.07 Determinations for Unit Price Work 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work 9.09 Limitations on Engineer's Authority and Responsibilities ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work 10.02 Unauthorized Changes in the Work 10.03 Execution of Change Orders 10.04 Notification to Surety 10.05 Claims ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work 11.02 Allowances 11.03 Unit Price Work ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price 12.02 Change of Contract Times 12.03 Delays ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects 13.02 Access to Work 13.03 Tests and Inspections 13.04 Uncovering Work 13.05 Owner May Stop the Work 13.06 Correction or Removal of Defective Work 13.07 Correction Period 13.08 Acceptance of Defective Work 13.09 Owner May Correct Defective Work ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values 14.02 Progress Payments 23 23 23 24 24 24 25 25 25 26 26 26 26 26 26 26 26 26 26 26 27 27 27 27 27 27 27 27 27 28 28 28 28 28 28 29 29 29 29 30 30 31 31 32 32 33 33 33 33 33 33 34 34 34 34 35 35 36 36 36 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright© 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 4 14.03 Contractor's Warranty of Title 14.04 Substantial Completion 14.05 Partial Utilization 14.06 Final Inspection 14.07 Final Payment 14.08 Final Completion Delayed 14.09 Waiver of Claims ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work 15.02 Owner May Terminate for Cause 15.03 Owner May Terminate For Convenience 15.04 Contractor May Stop Work or Terminate ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice 17.02 Computation of Times 17.03 Cumulative Remedies 17.04 Survival of Obligations 17.05 Controlling Law 17.06 Headings 37 37 38 38 38 39 39 39 39 39 40 40 41 41 41 41 41 41 41 41 41 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 5 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. 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 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 fmal 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 Occupational 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. Bidder --The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents --The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements --The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order --A document recommended 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-- Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor's submittals, and the reports and drawings of subsurface and physical conditions 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). 14. Contract Times --The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion; and (iii) com- plete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 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. 17. Drawings --That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement --The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer --The individual or entity named as such in the Agreement. 20. Field Order --A written order issued by Engineer which requires minor changes in the Work but EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 6 which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements --Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 22. 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. 23. 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. 24. Laws and Regulations; Laws or Regulations- -Any and all applicable laws, rules, regulations, ordinanc- es, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens --Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone --A principal event specified in the Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the Work. 27. Notice of Award --The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed --A written notice given by Owner to Contractor fixing the date on which the Con- tract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner --The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs --Polychlorinated biphenyls. 31. 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. 32. 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. 33. Project --The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. 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. 35. Radioactive Material --Source, special nucle- ar, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Related Entity -- An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representative --The autho- rized 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 establish the standards by which such portion of the Work will be judged. 39. Schedule of Submittals --A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 40. 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. 41. 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. 42. 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. 43. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 7 workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 44. 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. 45. 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. 46. Successful Bidder --The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditions --That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier --A manufacturer, fabricator, suppli- er, 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. 49. 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. 50. Unit Price Work --Work to be paid for on the basis of unit prices. 51. 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, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 52. 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 subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price. or Contract Times. 1.02 Terminology A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following 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. In addition, 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 exercise of professional judgment, action or determination will be solely to evaluate, in general, the 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 is not intended to and shall not be effective to assign to Engineer 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 9.09 or any other provision of the Contract Documents. C. Day 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or c. has been damaged prior to Engineer's - recommendation of final payment (unless responsibility for the protection thereof has been EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 8 assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in fmal position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. 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 and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. 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 Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times com- mence 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 commence 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. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for 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 Submittals; 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 subdi- vides 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 A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 9 Paragraph 2.05.A. Contractor shall have an additional 10 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 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 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 complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Docu- ments. 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. 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, specifications, 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 standard, specification, manual, code, or Laws or Regula- tions 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 employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake respon- sibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor's Review of Contract Documents Before Starting Work. 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 thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract 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 promptly report it to Engineer in writing. 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. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambigu- ity, or discrepancy in the Contract Documents unless Contractor 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: EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 10 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 viola- tion 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 by either a Change Order or 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: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation clarification. 3.05 Reuse of Documents A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 - day acceptance period will be corrected by the transferring party.. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or. computer hardware differing from those used by the data's creator. or ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, shall not: 1. 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 consultants, including electronic media editions; or 2. 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 Engineer and specific written verification or adaption by Engineer. B. The prohibition of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data 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 or a part thereof, 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. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -11 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 Engineer 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 Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities 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 subsur- face 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 Contractor 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 inherent 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 Work in connec- tion 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 increase 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 Paragraph 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 9.07 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 with respect to 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, explo- ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 12 Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required 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 and Engineer, and any of their Related Entities 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 Sup- plementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and Contractor 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 Under- ground 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 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 Engineer. 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 Under- ground 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. Contractor 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 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -13 in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities 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 re- vealed 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 connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (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 stop- page 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 conditions, 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 Contractor 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, and Engineer, and the officers, directors, partners, employees, agents, 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 Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- quences 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 and Engineer, and the officers, directors, partners, employees, agents, 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.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -14 ARTICLE 5 - BONDS AND INSURANCE 5.01 Perfonnance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compa- nies" 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 accompanied by a certified copy of the agent's authority to act. C. If the surety on any bond furnished by Contractor 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.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. 5.04 Contractor's Liability Insurance A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sus- tained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. 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, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -15 any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as addi- tional insureds, and include coverage for the respective officers, directors, partners, employees, agents, 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 insurance; 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 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 30 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 insurance has been issued (and the certificates insurance furnished by the Contractor pursuant Paragraph 5.03 will so provide); of of to 6. remain in effect at least until fmal payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 7. with respect to completed operations insur- ance, and any insurance coverage written on a claims - made basis, remain in effect for at least two years after final payment. a. Contractor shall furnish Owner and each other additional insured identified in the Supple- mentary 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 A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supple- mentary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, (other than caused by flood) and such other perils or causes of loss as may be specifi- cally required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; Owner; 5. allow for partial utilization of the Work by 6. include testing and startup; and 7. be maintained in effect until fmal payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 16 subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certifi- cates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor- dance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supple- mentary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insured or additional insured (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order . B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -17 shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests. at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage 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. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. 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. B. At all times during the progress of the Work, Contractor shall assign a competent resident superin- tendent 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 and lay out the Work and perform construction as required by the Contract Docu- ments. Contractor shall at all times maintain good disci- pline 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. Contractor will not permit the performance of Work on a 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 Contract Documents, 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 special warranties and guarantees required by the Specifications 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. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright CO 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 18 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 indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjust- ments will comply with any provisions of the General Re- quirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 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 substitute 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: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole, 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times, and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 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.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient 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 requirements for review by Engineer 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 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: 1) shall certify that the proposed substi- tute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -19 a) the extent, if any, to which the use of the proposed substitute item will preju- dice Contractor's achievement of Substantial Completion on time; b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and c) whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified , and b) available engineering, sales, maintenance, repair, and replacement services; 4) and shall 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, B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, sequence, or procedure of construction is 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 requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. 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 expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcon- . tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), 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 reasonable 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 Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reason- able 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 . No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall consti- tute a waiver of any right of Owner or Engineer to reject defective Work. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 20 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: 1. 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 2. shall anything in the Contract Documents 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 Subcontractors, 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 ,Subcontractors, Suppliers, and such other individuals or entities per- forming or furnishing any of the Work to communicate 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 Subcon- tractors 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 appro- priate • 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, and Engineer„ 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, 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. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, 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 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. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applica- ble 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 compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 21 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 shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equip- ment, 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 and Engineer, and the officers, directors, partners, employees, agents, 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 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 Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work 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, Specifications, Addenda, 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 Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engi- neer for Owner. 6.13 Safety. and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- tions 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 equipment 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 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 22 not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable 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. C. 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 Draw- ings or Specifications or to the acts or omissions of Owner or Engineer or , 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). D. 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.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordi- nating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between 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 because 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 and Samp]es to Engineer for review and approval in accor- dance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance 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.D. 2. Samples: Contractor shall also submit Samples to Engineer for review and approval in accor- dance with the acceptable schedule of Shop Drawings and Sample submittals. a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals , 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. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance and design criteria, EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 23 installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the suitability of 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 Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and d. 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 certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submit- ted to Engineer for review and approval of each such variation. D. Engineer's Review 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to 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 Docu- ments. 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 shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its Related Entities shall be entitled to rely on representation of Contractor's warranty and guarantee. B. 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, Sub- contractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. 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; EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 24 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial 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 review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, 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 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 but only to the extent caused 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 . B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employ- ee (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' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, partners, employees, agents, consultants and subcontractors 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. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 25 ARTICLE 7 - OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract 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, each utility owner and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, 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. 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. 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 responsibili- ties will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's action or inactions. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer C. If the proper execution or results of any part of Contractor's Work depends upon work performed by A. In case of termination of the employment of others under this Article 7, Contractor shall inspect such Engineer, Owner shall appoint an engineer to whom other work and promptly report to Engineer in writing any Contractor makes no reasonable objection, whose status delays, defects, or deficiencies in such other work that under the Contract Documents shall be that of the former render it unavailable or unsuitable for the proper Engineer. execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such 8.03 Furnish Data other work as fit and proper for integration with Contractor's Work except for latent defects and A. Owner shall promptly furnish the data deficiencies in such other work. required of Owner under the Contract Documents. 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 Condi- tions: 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 26 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, 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. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undis- closed 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 fmancial 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 responsi- bilities and the limitations of authority of Engineer as Owner's 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 inter- vals appropriate to the various stages of construction 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 Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. 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, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative 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 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 27 such other individual or entity will be as provided in the Supplementary Conditions. 9.04 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 compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. 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 or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties 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. 9.05 Rejecting Defective Work A. Engineer will have authority to 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. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities 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. 9.08 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. All matters in question and other matters between Owner and Contractor arising prior to the date fmal payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, 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. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility 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 Subcontractor, 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, 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. Engineer will not be respon- EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 28 sible 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 require- ments of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsi- bility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract 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 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 appropri- ate Change Orders recommended by Engineer 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 Regulations, 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. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, 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. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, 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 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 29 Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's- written statement that the adjustment 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). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part, 2. approve the Claim, or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor,. unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 - COST OF THE WORK; 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, except those excluded in Paragraph 11.01.B, 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 Paragraph 11.01.B. 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including 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 pay- ments, 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, Contractor 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 Paragraph 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 transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 30 b. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the perfor- mance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equip- ment, 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 Subcontractor, 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, sustained 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, expresses, and similar petty cash items in connection with the Work. i. The costs of premiums for all 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, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, ' estimators, attor- neys, 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 principal 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 Contractor, 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.B. 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.B, 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 Allowances EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 31 A. It is understood that Contractor has included 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 and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances 1. Contractor agrees that: a. the cash 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 b. Contractor's costs for unloading and handling on the Site, labor, installation , overhead, profit, and other expenses contemplated for the cash 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. C. Contingency Allowance 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. 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 Contract 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. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and signifi- cantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no con-esponding adjustment with respect any other item of Work; and 3. 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. 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 Paragraph 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 applica- tion 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 covered 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 covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.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: EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 32 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 Paragraphs 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 subcontracts 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 Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B; 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. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times 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 covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times 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 contemplat- ed by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times , or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer and the Related Entities of each of them 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. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for 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 Contractor. 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 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 33 Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and 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. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Con- tract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection 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 Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered 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 promptness 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 Engineer, 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 Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered 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, observation, 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. D. If, the uncovered 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 both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 34 Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, 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). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 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 the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written 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 re- moved and replaced. 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. C. 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 . D. 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. E. 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's recommendation of fmal payment, 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 recommendation 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 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 35 with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or 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 posses- sion 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 Contractor, 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 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 Applica- tion for Payment acceptable to Engineer. 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 in the Agreement 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 equipment 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, Contractor 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 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 indicat- ed; b. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 36 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 9.07, 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: a. inspections 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 b. that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. 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 recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subse- quently 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 replace- ment; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnish- ing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner 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 will 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. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 37 3. If it is subsequently determined that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1. 14.03 Contractor 's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, , Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before fmal payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or correct- ed) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommen- dation as to division of responsibilities pending fmal payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy 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, subject to the following condi- tions. 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when 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. 2. 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. 3. 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. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 38 Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.7; b. consent of the surety, if any, to fmal payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance 1. If, on the basis of Engineer's observation of the Work during construction and fmal inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicat- ing in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying docu- mentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and , will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's fmal Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 39 continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjust- ment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claus therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B, and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 40 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. 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 in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum fmally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of their intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 41 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regula- tions, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu- ments, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract. Cop might © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 42 SECTION 00800 SUPPLEMENTARY CONDITIONS 1 DEFINITIONS Add the following: The term(s) "or equal" or "approved equal," shall be interpreted to mean an item or material or equipment similar to that named and which is suited to the same use and capable of performing the same function and be of the same quality as that named. Such material or equipment shall be subject to approval by the Engineer. The term Acceptance, shall be interpreted to mean that the OWNER of the work is satisfied that it is fully complete and in accordance with the Contract Documents. The term Affidavit, shall be interpreted as the instrument which is to be signed by the Contractor and submitted to the OWNER through the Engineer, upon completion of that job, showing that all bills have been paid. It shall also mean such instrument that may be requested by the OWNER incident to partial payments. The term Approval, shall be interpreted as the item in question is accepted as satisfactory. The term Article, shall be interpreted as the prime subdivision of a section of these or any other referenced Specifications, the instructions to Bidders, the Special Conditions and the General Conditions. The term Materials, shall be interpreted as any substance proposed to be used in connection with the construction of any structure, facility or appurtenance, or of other work under the contract. The term "Provided", as used in the Specifications upon the Drawings, shall be understood to mean "provided complete in place", that is, "furnished and installed". Where "as shown," "as indicated", "as detailed", or words of similar importance are used, it shall be understood that the references to the Drawings and/or Specifications accompanying these documents are intended unless otherwise expressly stated. The words "furnish", "furnish and", "install", and "provide" or words with similar meaning shall be interpreted unless otherwise specifically stated, to mean "furnish and install complete in place and ready for service". 2. AWARD OF CONTRACT The award of the contract, if it is awarded, will be to the lowest responsible, responsive Bidder. No Notice of Award will be given until the OWNER has concluded such investigations as he deems necessary to establish the responsibility, qualifications and financial ability of the Bidders to do the Work in accordance with the Contract Documents to the satisfaction of the OWNER within the time prescribed. The OWNER reserves the right to reject the Bid of any Bidder who does not pass such investigation to the OWNER's satisfaction. In analyzing Bids, the OWNER may take into consideration alternates and unit prices, if requested by the Bid forms. If the Contract is awarded, the OWNER will issue the Notice of Award and give the successful Bidder a contract for execution within Sixty (60) days after the opening of Bids. 00800-1 01108-023.08.03 3. FORFEITURE OF BID SECURITY Failure of the successful Bidder to execute and deliver the Agreement and deliver the required Bonds to the OWNER within 10 working days or 15 calendar days of receipt of the Agreement from the Owner, shall be just cause for the OWNER to annul the Notice of Award and declare the Bid and any security therefore forfeited. 4. QUALIFICATION OF SUB CONTRACTORS MATERIALMEN AND SUPPLIERS Within ten working days after bid opening, the CONTRACTOR will submit to the OWNER and the ENGINEER for acceptance a list of the names of sub contractors and such other persons and organizations (including those who are to furnish principal items of materials or equipment) proposed for those portions of the work as to which the identity of the subcontractors and other persons and organizations must be submitted as specified in the Contract Documents. Within thirty working days after receiving the list, the Engineer will notify the CONTRACTOR in writing if either the OWNER or the ENGINEER, after due investigation, has reasonable objection to any subcontractor, person or organization on such list. The failure of the OWNER or the ENGINEER to make objection to any subcontractor, person or organization on the list within thirty days of receipt shall constitute an acceptance of such subcontractor, person or organization. Acceptance of any such subcontractor, person or organization shall not constitute a waiver of any right of the OWNER or the ENGINEER to reject defective work, material or equipment or work material or equipment not in conformance with the requirements of the contract documents. 5. DELIVERY OF BONDS Add to paragraph 2.01 Failure of the successful Bidder to execute the Agreement and deliver the required Bonds within ten (10) days of the Notice of Award shall be just cause for the Owner to annul the award and declare the Bid and any guarantee thereof forfeited. 6. COPIES OF DOCUMENTS Add the following to paragraph 2.02 The Contractor will be furnished, free of charge, up to five (5) copies of the drawings and specifications in lieu of the ten (10) copies as stated. 7 CHANGE OF THE CONTRACT TIME Add paragraph 12.03 Because this is a calendar day contract, normal rainfall, weather and climatic conditions which may be reasonably expected are not considered grounds for an extension of contract time. 8. PAYMENTS TO CONTRACTOR AND COMPLETION Add the following to paragraph 14.07(c). The certificate of completion will not be issued nor the final payment made until ALL punch list items have been completed. 00800-2 01108-023.08.03 9. CONTRACTOR'S LIABILITY INSURANCE Refer to General Condition 5.04 The Contractor will, at his own expense, purchase and maintain such insurance as will protect the Owner and the Contractor from claims under workmen's compensation laws, disability benefit laws or other similar employee laws; from claims for damages because of bodily injury, occupational sickness or disease, or death of his employees, or any person other than his employees, including claims insured by usual personal injury liability coverage; from claims for injury to or destruction of tangible property including loss of use resulting therefrom - any or all of which may arise out of or result from the Contractor's operations under the Contract Documents, whether such operations be by any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts may be legally liable. This insurance shall be written for not less than $1,000,000.00 combined single limit per occurrence (no aggregate limitation) or as required by law, whichever is greater, and shall include contractual liability insurance. Before starting the work, the Contractor will file with the Owner and Engineer certificates of such insurance, acceptable to the Owner; these certificates shall contain a provision that the coverage afforded under the policies will not be cancelled or materially changed until at least 15 days after written notice is given to the Owner and Engineer. These policies shall be written to cover the Contractor and Owner jointly. The Certificate of Insurance form is included in Section 00650. 10. OWNERS INDEMNITY Refer to General Conditions 5.03 through 5.04 and 6.20. A. The Contractor shall obtain, maintain and furnish to the Owner during the life of this Contract, full Owner's Protective Liability Insurance that will protect him against all losses or claims which may arise from operations under the Contract Documents. B. To the fullest extent permitted by law, the CONTRACTOR shall indemnify, defend, and hold harmless the OWNER, the ENGINEER, and their officers, agents, and employees, against and from all claims and liability arising under or by reason of the Contract or any performance of the WORK, but not from the sole negligence or willful misconduct of the OWNER and/or the ENGINEER. Such indemnification by the CONTRACTOR shall include but not be limited to the following: 1. Liability or claims resulting directly or indirectly from the negligence or carelessness of the CONTRACTOR or its agents in the performance of the WORK, or in guarding or maintaining the same, or from any improper materials, implements, or appliances used in its construction, or by or on account of any act or omission of the CONTRACTOR or its agents; 2. Liability or claims arising directly or indirectly from or based on the violation of any law, ordinance, regulation, order, or decree, whether by the CONTRACTOR or its agents: 3. Liability or claims arising directly or indirectly from the use or manufacture by the CONTRACTOR, its agents, or the OWNER in the performance of this Contract of any copyrighted composition, secrete process, patented or unpatented invention, article, or appliance, unless otherwise specifically stipulated in this Contract; 4. Liability or claims arising directly or indirectly from the breach of any 00800-3 01108-023.08.03 warranties, whether express or implied, made to the OWNER or any other parties by the CONTRACTOR or its agents; 5. Liabilities or claims arising directly or indirectly from the willful misconduct of the CONTRACTOR or its agents; and 6. Liabilities or claims arising directly or indirectly from any breach of the obligations assumed herein by the CONTRACTOR. C. The CONTRACTOR shall reimburse the OWNER, and the ENGINEER for all costs and expenses, (including but not limited to fees and charges of engineers, architects, attorneys, and other professionals and court costs) incurred by said OWNER, and the ENGINEER in enforcing the provisions of this Paragraph. D. The indemnification obligation under this Paragraph shall not be limited in any way by any limitation of the amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR or any such subcontractor or other person or organization under worker's compensation acts, disability benefit acts, or other employees benefit acts. 11. PROPERTY INSURANCE Refer to General Conditions 5.06. A. The Contractor shall, at his own expense, obtain and maintain property insurance and furnish to the Owner during the life of this Contract the full insurable value of the project. This insurance shall include the interests of the Owner, the Contractor and Subcontractors in the work shall insure against the perils of Fire, Extended Coverage, Vandalism and Malicious Mischief. B. The Owner and Contractor waive all rights against each other for damages cause by fire or other perils to the extent covered by insurance provided under this Article, except such rights as they may have to the proceeds of such insurance. The Contractor shall require similar waivers by Subcontractors. 12. SALES TAX Refer to General Conditions 6.10. The Contractor shall familiarize himself with the requirements and procedures as applicable of the State of Florida pertaining to the exemption from State Sales Tax as it may apply to the Owner. 13. INDEMNITY Refer to General Conditions 5.01. The Bid Items for Payment and Performance Bond premium and consideration for indemnification to Owner and Engineer are included in the Schedule of Prices and must be completed by the Bidder in order to comply with Florida Statute 725.06. 00800-4 01108-023.08.03 14. PERMITS Refer to General Conditions 6.08. The Contractor will be required to obtain all required permits, including a permit from the Village of Key Biscayne Public Works Department, and Miami -Dade Public Works Department, prior to the start of construction. The Contractor will be required to comply with all permitted drawings. 15. LAWS AND REGULATIONS Refer to General Conditions 6.09 A. The Contractor shall obey all applicable Federal, State and local laws including but not limited to the ones listed below. B. The Contractor shall comply with Executive Order No. 11246, entitled "Equal Opportunity Employment," as amended by Executive Order No. 11275, and as supplemented in Department of Labor Regulations (No. 41 CFR, Chapter 60). C. The Copeland "Anti -Kickback" Act (18 U.S.C. Section 874), as supplemented in U.S. Department of Labor Regulations (29 CFR, Chapter 60). D. All applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970 (40 U.S.C. Section 1857 et. seq.) as amended and the Federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.) as amended. E. The Florida State Statute 446.101 Apprentice and Training Employment Regulations. F. Florida Industrial Code No. 8C as amended and especially 8C-29 (CB -1958), Florida Department of Commerce, Bureau of Workmen's Compensation. G. The requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 200d) (Nondiscrimination in Federally Assisted Programs) and implementing regulations issued at 24 CFR Part 1. H Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR Part 146, and the prohibitions against discrimination against handicapped individuals under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8. I. The requirements of section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u). J. The requirements of Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138 (concerning Women's Business Enterprise). 16. REVIEW OF APPLICATIONS FOR PROGRESS PAYMENTS Refer to General Conditions 14.02 Owner shall, within thirty (30) days of presentation to him of the Application for Payment with Engineer's recommendation pay Contractor the amount recommended. This is in lieu of 20 00800-5 01108-023.08.03 days. 17. PARTIAL AND FINAL PAYMENT PROCEDURES Refer to General Conditions 14.02 and 14.07 A. If the work progresses according to this Contract, the Contractor will be paid each month, 90 percent of the value of the work completed during the preceding month. For the purpose of preparing a monthly estimate for partial payment, the Contractor will make an approximate estimate of the value of all work done and materials furnished as of the last day of each calendar month, and will deduct 10 percent thereof and all previous payments and charges, and the balance will be paid by the Owner to the Contractor on or about sixty days after the submittal to the Owner. The Owner's Engineer shall review, revise and correct, if necessary, and then approve the estimate for partial payment before it is submitted by the Owner's Engineer to the Owner. The 10 percent which is deducted each month is reserved by the Owner as a partial guaranty to it of the faithful execution of this Contract. As a consideration of such payment of 90 percent, the Owner shall have the right to enter upon and put into proper service any or all parts of the work which may be in condition for use; however, such use shall not be construed as the final acceptance and the commencement of the one year guarantee bond period for any or all parts of the work, unless final acceptance is made for the complete project at that time. No claim or charge is to be made by the Contractor for such use, nor is such use to be construed as an acceptance by the Owner of any part of the work so used. B. Upon receipt of written notice from the Contractor that the work has been completed in conformity with the Drawings and Specifications and any approved changes thereto, the Owner's Engineer shall promptly examine the work and, making such tests as he may deem proper and using all of the care and judgment normally exercised in the examination of completed work by a properly qualified and experienced professional engineer, shall satisfy himself that the Contractor's statement appears to be correct. He shall then inform the Owner in writing that he has examined the work and that it appears to conform to the Contract Drawings, Specifications and any approved Change Orders and that therefore he recommends acceptance and final payment to the Contractor. However, it is agreed by the Owner and the Contractor that such statement by the Owner's Engineer does not in any way relieve the Contractor from his responsibility to deliver a completed job in good and workmanlike condition, and does not render the Engineer or the Owner liable for any faulty work done or materials used by the Contractor. C. The Owner's Engineer will then make a final estimate of the value of all work done and will deduct therefrom all previous payments which have been made. The Owner's Engineer will report such estimate to the Owner together with his recommendation as to the acceptance of the work or his findings as to any deficiencies therein. Such recommendation as to the acceptance of the work by the Owner's Engineer will be made to his best knowledge and behalf. After receipt and acceptance by the Owner of the properly executed Affidavit and the Release of Lien and within 60 days after approval of the Engineer's estimate and recommendation by the Owner, the amount of the estimate, less any charges or damages herein provided for, will be paid. Upon such final payment, the Owner shall be released by the Contractor from all liability whatever growing out of this Contract, except for the balance, if any, of such amount as may have been retained to cover charges, claims or damages, as specified; and if the Owner is satisfied that no such charges, claims or damages exist or will arise, no such amount will be retained. All prior estimates 00800-6 01108-023.08.03 are subject to correction in the final estimate. D. Each monthly request for a partial payment shall be submitted on an Application for Payment Form shown on Page 00800-8 & 9 which shall be accompanied by an executed copy of the Certification of Contractor shown on Page 00800-10, and by a progress report. E. Measurement and payment for work items for which direct payment is provided will be achieved as required by the Technical Specifications. When no direct payment for work or materials is required in General Conditions, the Special Conditions, the Proposal, the sections of the Technical Specifications or in other parts of the Contract Documents or shown, indicated or noted on the Drawings, compensation therefor shall be included in the Contract Unit or Lump Sum Prices for the several pay items under this Contract and shown and listed in the Proposal. F When the work has been completed, the Contractor shall execute a Final Release of Lien and an Affidavit declaring that all bills have been paid in full. G. These documents will be furnished to the Owner in a form similar to those which appear on the following pages: 18. MEDIATION Any claim or dispute arising out of or related to this agreement shall be subject to informal mediation as a condition precedent to the institution of legal or equitable proceeding by either party. Both parties waive the right to arbitration. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Miami -Dade County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in the circuit court for the 11th Judicial Circuit for the State of Florida. 19. ATTORNEY'S FEES In the event of any dispute and/or legal action arising from an interpretation and/or the performance of any of the documents and/or contracts in this Manual, Owner and Contractor hereby agree that the prevailing party shall be awarded reasonable attorney's fees and costs, including but not limited to, the cost of paralegals, accountants and attorney's fees and costs of appellate proceedings, if applicable. 20. INDEMNIFICATION AND HOLD HARMLESS Notwithstanding anything to the contrary in this Supplementary Condition, the general conditions and/or any other documents in this Manual, and in consideration of the sum of $10.00 paid by Owner to Contractor, the Contractor hereby agrees to indemnify and hold Owner harmless from any costs, expenses, damages and/or liability to the Owner arising from Contractor's Work. 21. EXPRESS WARRANTIES Notwithstanding any provisions to the contrary under this Supplemental Conditions, the general conditions and/or any other document in this Manual, Contractor expressly warrants all labor and materials used in the Work for a period of one (1) year from the date Final Payment is received by the Contractor. 00800-7 01108-023.08.03 22. PROHIBITED MATERIALS Pursuant to Chapter 83-174, Laws of Florida, the use of asbestos or asbestos -based materials is strictly prohibited. 23. RECORDS RETENTION Refer to General Conditions 6.12. The Contractor shall retain all relevant project records for three years after receiving final payment from the Owner. 24. SOURCE OF SUPPLY -- Convict labor (Federal -Aid Contracts Only) Do not use materials that were produced after July 1, 1991, by convict labor for Federal -aid highway construction projects unless the prison facility has been producing convict -made materials for Federal -aid highway construction projects before July 1, 1987. Use materials that were produced prior to July 2, 1991, by convicts on Federal -aid highway construction projects free from the restrictions placed on the use of these materials by 23 U.S.C. 114. The Department will limit the use of materials produced by convict labor for use in Federal -aid highway construction projects to: 1. materials produced by convicts on parole, supervised release, or probation from a prison or, 2. materials produced in a qualified prison facility. The amount of such materials produced for Federal -aid highway construction during any 12 - month period shall not exceed the amount produced in such facility for use in such construction during the 12 -month period ending July 1, 1987. 25. WORK PERFORMED BY EQUIPMENT -RENTAL AGREEMENT The limitations set forth in 8-1, concerning the amount of work that may be sublet, do not apply to work performed by equipment -rental agreement. However, for any work proposed to be performed by equipment -rental agreement, notify the Engineer in writing of such intention before using the rented equipment, and indicate whether the equipment will be rented on an operator non -operated basis. Include with the written notice a listing and description of the equipment and a description of the part of the work to be performed with such equipment. As an exception to the above requirements, the Department will not require written notice for equipment to be rented (without operators) from an equipment dealer or from a firm whose principal business is the renting or leasing of equipment. The operators of all rented equipment, whether rented on an operated or a non -operated basis are operators are subject to all wage rate requirements applicable to the project. When renting equipment without operators, the Contractor shall carry the operators on his own payroll. For equipment that is rented on an operated basis, and when required by the Contract or requested by the Engineer, furnish payrolls from the lessor with the names of the operators shown thereon. When a lessor provides rentals of equipment on an operated basis that exceed $10,000, such lessor is subject to any Equal Employment Opportunity requirements that are applicable to the project. 00800-8 01108-023.08.03 Date: APPLICATION FOR PAYMENT NO. Project No. To: (OWNER) From: (CONTRACTOR) Contract for: For Work accomplished through the date of: , 19 SUMMARY OF CONTRACT AMOUNTS 1. Original Contract Price: $ 2. Change Orders No. through: $ 3. Contract Price with all approve Change Orders: . . . $ 4. Work completed to date: $ 5. Less (10%) Retainage: $ 6. Amount due to date: . . . . . . . . . . . . . . . . . . . $ 7. Less previous payments (or applications): $ 8. AMOUNT DUE THIS APPLICATION: $ Note: This application must be accompanied with the Certification of Contractor Form and worksheet for completed items as shown on page 00800-10. Accompanying Documentation: Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated: , 19 Corzo Castella Carballo Thompson Salman, P.A. (ENGINEER) Engineers / Architects / Planners By: Project Manager 00800-9 01108-023.08.03 APPLICATION FOR PAYMENT NO. Contractor's Schedule of Completed Work Items Project: Owner's Contract No.: For work accomplished through the date of: , 20 Engineer's Project No.: Sheet of Item No. Description ORIGINAL CONTRACT QUANTITIES WORK COMPLETED Quantity Unit Unit Price Amount Quantity Amount Totals (Original Contract) Change Order No. 1: Change Order No. 2: PROJECT TOTAL: $ $ $ $ $ $ $ $ 00800-10 01108-023.08.03 CERTIFICATION OF CONTRACTOR According to the best of my knowledge and belief, I certify that all items and amounts shown on Application for Payment No. are correct, that all work has been performed and/or materials supplied in full accordance with the terms and conditions of this Contract, dated , 20 , between (Owner) and (Contractor); I further certify that all just and lawful bills against the undersigned and his subcontractors and suppliers for labor, material and equipment employed in the performance of this Contract have been paid in full accordance with their terms and conditions; that all taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged; and that there are no Vendor's, Mechanic's or other Liens or rights to liens or conditional sales contracts which should be satisfied or discharged before such payment is made. Date: Contractor: STATE OF FLORIDA) ss COUNTY OF ) Personally appeared before me this day of , 20 , known (or made known) to me as the (Owner) (Partner)(Corporate Officer)- Give Title of Contractor(s), who subscribed and swore to the above instrument in my presence. Notary Public - (Type Name) State of Florida -at -Large My Commission Expires: The Contractor shall execute this Certificate and attach it to each Application For Payment. 00800-11 01108-023.08.03 AFFIDAVIT STATE OF FLORIDA) ss COUNTY OF ) Before me, the undersigned authority, authorized to administer oaths and take acknowledgements, personally appeared , who, after being first duly sworn, upon oath deposes and says that all lienors contracting directly with, or directly employed by (him, them, it) and that all taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act) as amended, have been paid and discharged, and that all bill, wages, fees, claims and other charges incurred by in connection with the construction of have been paid in full. SIGNED: By: WITNESSES: SWORN AND SUBSCRIBED TO BEFORE ME THIS day ,20 AD. Notary Public State of Florida -at -Large My Commission Expires: 00800-12 01108-023.08.03 FINAL RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of the sum of Dollars ($ ) paid to by the , receipt of which is hereby acknowledged, do(es) hereby release and quitclaim to the Village of Key Biscayne, the Owner, its successors or assigns, all liens, lien rights, claims or demands of any kind whatsoever which now has (have) or might have against the property, building, and/or for any incidental expense for the construction of: thereon or in otherwise improving said property situated as above described. IN WITNESS WHEREOF have (has) hereunto set hand and seal this day of , 20_, A.D. WITNESS: (Seal) SWORN AND SUBSCRIBED TO BEFORE ME THIS day of , 20 A.D. Notary Public State of Florida at -Large My Commission Expires: 00800-13 01108-023.08.03 SECTION 00900 ADDENDUM 00900-1 01108-023.08.03 The Village of Key Biscayne Mashta Island Resurfacing Improvements Addendum #1 March 11, 2010 TO ALL BIDDERS The following changes are issued to add to, modify and/or clarify the Construction Plans, Contract Documents and Specifications. These changes shall have the full force and effect as the contract forms. Costs involved, if applicable, shall be included in the Bid Form. All Bidders shall incorporate this addendum into the Bid Documents and shall acknowledge receipt of this addendum on the Bid Form. Failure to do so may result in disqualification of the Bid. 1 Approximately 200' of 6" double yellow thermoplastic striping with amber RPMs was added to plan sheet C3. This new striping is northeast of Mashta Bridge and shall be placed on existing asphalt. Sheet C3 is attached. This cost shall be included in Bid Item R-1. 2 Additional re -grading and driveway hamonization on North Mashta Drive is shown on new plan sheet C8. New sheet C8 is attached. This cost shall be included in Bid Item R-2. 3. Attached revised bid form includes "Re -grading at 3 locations" for Bid Item R-2. Previously it read "Re -grading at 2 locations". 4. Work hours for all work at the Village Green are restricted to 7 a.m. to 2:00 p.m. 5. Attached is Notice of Bid Invitation which was erroneously omitted from bid package. END OF ADDENDUM No. 1 1 \1108-023-008 - Mashta Island\Specs\Addendum#1 doc SECTION 01000 SPECIAL CONDITIONS 1.1 SCOPE A. This project consists of asphalt overlays and repairs in the area known as Mashta Island within the Village of Key Biscayne, as shown on project manual and plans prepared by Corzo Castella Carballo Thompson Salman, P.A., Project No. 1108- 023.04.03. 1.2 NOTICES A. In conformance with the requirements of Article 1.04 Notice and Service of the General Conditions all notices or other papers required to be delivered by the Contractor to the Owner shall be delivered to the office of the Owner's Engineer, at an address provided to the Contractor at the preconstruction conference. 1.3 COORDINATION OF PLANS, SPECIFICATIONS AND SPECIAL PROVISIONS A. In case of discrepancy, computed dimensions shall govern over scaled dimensions; supplemental specifications shall govern over Standard Specifications; and Special Conditions shall govern over; Drawings, Supplemental and Standard Specifica- tions. 1.4 LAYING OUT THE WORK A. The Contractor shall be responsible for establishing all lines and grades together with all reference points as required by the various trades. All layout work shall be done using competent and experienced personnel under the supervision of a Land Surveyor registered in the State of Florida. B. The Contractor shall provide all labor, instruments and stakes, templates, and other materials necessary for marking and maintaining all lines and grades. The lines and grades shall be subject to any checking the Owner or Engineer may decide necessary. C. No separate cost item is provided for laying out the work, the cost of which is considered incidental to the work and shall be included in the unit prices for items in the Proposal. D. The Contractor shall safeguard all existing and known Property corners, monuments and marks adjacent to but not related to the work and shall bear the cost of re- establishing them if disturbed or destroyed. He shall also safeguard all points, stakes, grade marks, monuments and bench marks made or established on the work, bear the cost of re-establishing them if disturbed and bear the cost of rectifying work improperly installed due to not maintaining or protecting or to removing without authorization such established points, stakes and marks. 1.5 PRECONSTRUCTION CONFERENCE A. In addition to the provisions of the General Conditions, Article 1.03.9, the following 01000-1 01108-023.08.03 parties will be asked to attend the Preconstruction Conference: BellSouth Telephone Company, Adelphia Communications, Florida Power & Light Company, Village of Key Biscayne Public Works, City Gas Company of Florida, Miami -Dade Water and Sewer Department, and Miami -Dade County Public Works Department. At the preconstruction meeting, the Contractor shall present a construction phasing plan for the Engineers approval. 1.6 PERMITS AND LICENSES A. Before starting work, the Contractor shall obtain and pay for all required licenses and permits. The Village of Key Biscayne will waive the fees for such permits it normally issues. 1.7 CONTRACTOR'S OFFICE A. The Contractor shall provide and maintain an office with telephone facilities where he or a responsible representative of his organization may be reached at any time while work is in progress. Such office may be at any location the Contractor considers desirable within Miami -Dade or Broward County. 1.8 USE OF EXPLOSIVES A. No blasting shall be done. 1.9 USE OF PUBLIC STREETS A. The use of public streets and alleys shall be such as to provide a minimum of inconvenience to the public and to other traffic. Certain elements of the work will be conducted off peak hours as specified in the Contract Documents. Any earth or other excavated material spilled from trucks shall be removed immediately by the Contractor and the streets cleaned to the satisfaction of the Owner. 1.10 CARE OF TREES, SHRUBS AND GRASS A. The Contractor shall be fully responsible for maintaining in good condition all cultivated grass plots, trees and shrubs. Where maintained shrubbery, grass strips or area must be removed or destroyed incident to the construction operation, the Contractor shall, after completion of the work, replace or restore to the original condition all destroyed or damaged sod, shrubbery or grass areas. Tree limbs which interfere with equipment operation and are approved for pruning shall be neatly trimmed and the tree cut coated with a tree paint. The cost for restoration shall be included in the total Bid amount, no separate pay item for this work provided. 1.11 OBSTRUCTIONS A. All water pipes, storm drains, force mains, gas or other piping, telephone or power cables or conduits, and all other obstructions, whether or not shown, shall be tempo- rarily removed from or supported across pipeline excavations. Before disconnecting any pipes or cables, the Contractor shall obtain permission from the owner, or shall make suitable arrangements for their disconnection by the owner. The Contractor shall be responsible for any damage to any such pipes, conduits or cables, and shall restore them to service promptly as soon as the work has progressed past the point involved. Approximate locations of known water, sanitary, drainage, power and telephone installations along route of new pipelines or in vicinity of the work are 01000-2 01108-023.08.03 shown, but must be verified in the field by the Contractor. The Contractor shall uncover these pipes, ducts, cables, etc., carefully, by hand, to verify location and depth of cover. Any discrepancies or differences found shall be brought to the attention of the Owner and Engineer of Record in order that necessary changes may be made. These conditions are supplemental to general requirements elsewhere in these specifications. Where fences, walls or other man-made obstructions exist illegally in the public right-of-way, the Owner will have them removed upon adequate prior notice by the Contractor. 1.12 DAMAGE TO EXISTING STRUCTURES AND UTILITIES A. The Contractor shall be responsible for and make good all damage to pavement and driveways beyond the limits of the work zone, to buildings, telephone or other cables, water pipes, sanitary pipes, or other structures which may be encountered, whether or not shown on the Drawings. B. Information shown on the Drawings as to the location of existing utilities has been prepared from the most reliable data available to the Engineer. This information is not guaranteed, however, .and it shall be this Contractor's responsibility to determine the location, character and depth of any existing utilities. He shall assist the utility companies, by every means possible to determine said locations. Extreme caution shall be exercised to eliminate any possibility of any damage to utilities resulting from his activities. 1.13 NOTIFICATION TO UTILITY COMPANIES A. The excavators shall comply with Florida Statute 553.851 regarding notification of existing gas and oil pipeline company owners and shall also notify "SUNSHINE STATE ONE CALL FOR FLORIDA, INC." at 1-(800)432-4770 prior to excavating. Evidence of such notice shall be furnished to the City prior to excavating. 1.14 TESTS A. The Contractor will pay for all required tests. Generally, tests will be compaction and density tests, limerock quality tests, concrete quality tests (cylinder breaks). On asphaltic concrete and pipe, the manufacturer's or supplier's certificate that the material meets the requirements of the specification will be accepted subject to verification by the Owner's Engineer. Any and all tests which have to be repeated because of the failure of the tested material to meet specifications shall be paid for by the Contractor and the costs of any such tests shall be deducted from payments due the Contractor. Water required for leakage tests shall be furnished by the Contractor. B. Testing Frequencies Concrete: Perform one (1) test per 50 C.Y., or at least one (1) per day if less than 50 C.Y. One test shall consist of one (1) slump, temperature read and one (1) set of five (5) cylinders for compressive strength. Subgrade: For sub -grade perform one (1) density test every 500 L.F. each lane (100% T-99). Sample for proctor test. For stabilized sub -grade, perform one (1) density test every 500 L.F. each lane (98% T-180). Sample for proctor test, and L.B.R. 01000-3 01108-023.08.03 For Limerock Base, perform one (1) density test per asphalt repair (98% T-180). Use Pit Proctor. For Curb Pad, perform one (1) density test every 1000 L.F. (98% T- 180) . Drainage: For trenches, perform one (1) density test every 1000 L.F. 1.15 RECORD AS -BUILT DRAWINGS A. During the entire construction operation, the Contractor shall maintain records of all deviations from the Drawings and Specifications and shall prepare therefrom "record" drawings showing correctly and accurately the locations of all improvements to reflect the work as it was actually constructed. The locations of all improvements shall be as surveyed and certified by a Land Surveyor licensed in the State of Florida and shall include edge of pavement and back of sidewalk elevations taken at 50 foot intervals and at high and low points, rim and invert elevations on all storm water inlets and manholes, trench bottom elevations on all trench drains taken at 25 -foot intervals and top of pipe elevations on all storm sewers taken at 25 -foot intervals. These drawings shall consist of reproducibles and shall conform to recognized standards of drafting, shall be neat and legible. One set of reproducibles and one set of blue line prints shall be submitted to the Owner. Final acceptance of the project will be withheld until delivery of the set of "record" drawings is made to the Owner. 1.16 SUBSURFACE INVESTIGATION A. The Contractor shall be responsible for having determined to his satisfaction, prior to the submission of his bid, the nature and location of the work, the conformation of the ground, the character and quality of the substrata, the types and quantity of materials to be encountered, the nature of the ground water conditions, the character of equipment and facilities needed preliminary to and during the execution of the work, the general and local conditions and all other matters which can in any way affect the work under this contract. The prices established for the work to be done will reflect all costs pertaining to the work. Any claims for extras based on substrata or ground water table conditions will not be allowed. 1.17 SUSPENSION OF WORK A. Should the Owner be prevented or enjoined from proceeding with work either before or after the start of construction because of any litigation or other reason beyond the control of the Owner, the Contractor shall not be entitled to make or assert claim for damage by reason of said delay; but time for completion of the work will be extended to such reasonable time as the Owner may determine to compensate for time lost by such delay, with such determination to be set forth in writing. 1.18 TEMPORARY UTILITIES A. The Village of Key Biscayne will provide temporary power and water as required by Contractor. 1.19 MAINTENANCE OF TRAFFIC A. General: 01000-4 01108-023.08.03 1 The Contractor shall be responsible for the proper maintenance control and detour of vehicular and pedestrian traffic in the area of construction, during the course of construction. All traffic control and maintenance procedures shall be in accordance with the requirements of the Florida Department of Transportation and Miami -Dade County traffic engineering and the Village of Key Biscayne. It shall be the Contractor's responsibility, as Bidder, prior to submitting his Bid, to determine the requirements of these agencies so that his Proposal reflects all costs to be incurred. No claims for additional payment will be considered for costs incurred in the proper maintenance, control, detour and protection of vehicular or pedestrian traffic. 2. Traffic shall be maintained at all times where practical and as more particularly specified hereinafter. No traffic shall be detoured without prior knowledge and approval of the respective traffic control agency having jurisdiction. The Contractor shall notify such agencies 48 hours in advance of such time he proposes to detour traffic. 3. The Contractor shall keep all law enforcement, fire protection and ambulance agencies informed, in advance, of his construction schedules, and shall notify all such agencies, 48 hours in advance, in the event of detour of any roadway. 4. All traffic control signs and devices, barricades, flashers, flambeaus and similar devices shall be furnished and maintained by the Contractor. 5. Excavated or other material stored adjacent to or partially upon a roadway pavement or sidewalk shall be adequately marked for traffic and pedestrian safety at all times. Necessary access to adjacent property shall be provided at all times. 6. The work shall be conducted in a manner to cause the least possible interruption to traffic. Where traffic must cross excavations, the Contractor shall provide suitable bridges at street intersections and driveways. 7 The Contractor shall notify all businesses in the area that will be affected by the proposed detour or lane closure, 48 hours in advance of proposed work. 8. The Contractor shall provide access to all private property and driveways at all times. 1.20 BARRICADES AND PROTECTION OF WORK A. The Contractor shall protect his work throughout its length by the erection of suitable barricades and handrails, where required. He shall further indicate this work at night by the maintenance of suitable lights or flares, especially along or across through -fares. Wherever it is necessary to cross a public walk, he shall provide suitable safe walkways with hand railings. He shall also comply with all laws or ordinances covering the protection of such work and the safety measures to be employed therein. The Contractor shall carry out his work so as not to deny access to private property. All utility access manholes, valves, fire hydrants and letter boxes shall be kept accessible at all times. 1.21 DEMOLITION AND DISPOSAL A. Contractor shall be responsible for collection of all demolition debris and 01000-5 01108-023.08.03 transportation and delivery to off -site disposal site. 1.22 SITE CLEAN-UP AND RESTORATION A. Contractor shall be responsible for clean-up of site and restoration of all existing sidewalk surfaces, roadways, landscape areas and any structures or amenities within or adjacent to project areas. END OF SECTION 01000-6 01108-023.08.03 SECTION 01010 SUMMARY OF WORK PART 1 - GENERAL 1.1 DESCRIPTION A. Work included: Listing of Significant Items: 1. Work Sequence 2. Contractor Use of Sites 3. Owner Use of Facilities 4. Coordination 1.2 WORK COVERED BY CONTRACT DOCUMENTS A. Work for this contract comprises work to be performed on the project entitled: Mashta Island Resurfacing Improvements, Key Biscayne, Florida, as shown, described, and detailed within this project manual and on the project plans and specifications. 1.3 WORK SEQUENCE A. Construct Work in phases to accommodate Owner's Service requirements during construction period. B Coordinate construction schedule and operations with Engineer. 1.4 CONTRACTOR USE OF SITES A. Limit use of sites for Work and for construction operations, to allow for: 1. Owner servicing areas with municipal services. 2. Work by other contractors. 3. Public and Florida Power and Light access to adjacent properties. B. Limit access to construction area. C. Coordinate use of sites under direction of Engineer. 1.5 OWNER USE OF FACILITIES A. Owner will require use of roadway and sidewalks during entire period of construction. B. Cooperate with Owner to minimize conflict, and to facilitate Owner's servicing of area's municipal service needs. END OF SECTION 01010-1 01108-023.08.03 SECTION 01025 MEASUREMENT AND PAYMENT PART 1 - GENERAL 1.1 DESCRIPTION A. The Contractor shall receive and accept the compensation provided in the Proposal and the Contract as full payment for furnishing all materials, labor, tools and equip- ment, for performing all operations necessary to complete the work under the Contract, and also in full payment for all loss or damages arising from the nature of the work, or from any discrepancy between the actual quantities of work and quantities herein estimated by the Engineer/Architect, or from the action of the elements or from any unforeseen difficulties which may be encountered during the prosecution of the work until the final acceptance by the Owner. B The prices stated in the proposal include all costs and expenses for taxes, labor, equipment, materials, commissions, transportation charges and expenses, patent fees and royalties, labor for handling materials during inspection, together with any and all other costs and expenses for performing and completing the work as shown on the Drawings and specified herein. C. The Contractor's attention is again called to the fact that the quotations for the various items of work are intended to establish a total price for completing the work in its entirety. Should the Contractor feel that the cost for any item of work has not been established by the Bid Form or Payment Items, he shall include the cost for that work in some other applicable bid item, so that his proposal for the project does reflect his total price for completing the work in its entirety. 1.2 MEASUREMENT A. The quantities for payment under this Contract shall be determined by approximate measurements of the completed items, in place, ready for service and accepted by the Owner, in order to determine a percentage completion for each work item as described on the bid form. 1.3 PAYMENT ITEMS A. Basis of Payment Contract prices for the various work items are intended to establish a total price for completing the project in its entirety. The Contractor shall include in the Bid price any work item and materials for which a separate pay item has not been included in the Bid Form. All work and incidental costs shall be included for payment under the several scheduled items of the overall contract, and no separate payment will be made therefor. END OF SECTION 01025-1 01108-023.08.03 SECTION 01340 SUBMITTALS AND SUBSTITUTIONS PART 1 GENERAL 1.1 SECTION INCLUDES: A. Work included: Make submittals required by the Contract Documents, and revise and resubmit as necessary to establish compliance with the specified requirements. 1.2 RELATED SECTIONS: A.. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. B. Individual requirements for submittals also may be described in pertinent Sections of these Specifications. C. Work not included: 1. Submittals which are not required will not be reviewed by the Engineer. 2. The Contractor may require his subcontractors to provide drawings, setting diagrams, and similar information to help coordinate the Work, but such data shall remain between the Contractor and his subcontractors and will not be reviewed by the Engineer. 1.3 SUBMITTALS FOR REVIEW A. Make submittals of Shop Drawings, Samples, substitution requests, and other items in accordance with the provisions of this Section. 1.4 QUALITY ASSURANCE A. Coordination of submittals: 1. Prior to each submittal, carefully review and coordinate all aspects of each item being submitted. 2. Verify that each item and the submittal for it conform in all respects with the specified requirements. 3. By affixing the Contractor's signature to each submittal, certify that this coordination has been performed. B. Substitutions: 1. The Contract is based on the standards of quality established in the Contract Documents. Substitutions will be considered only when listed at time of bidding, on the Contractors letterhead and when substantiated by the Contractor's submittal of required data within 10 calendar days after the bid opening. 2. The following products do not require further approval except for interface within the Work: a. Products specified by reference to standard specifications such as ASTM and similar standards. b. Products specified by manufacturer's name and catalog model 01340-1 01108-023.08.03 number. 3. Do not substitute materials, equipment, or methods unless such substitution has been specifically approved in writing for this Work by the Engineer. C. "Or Equal": 1. Where the phrase "or equal," or "or equal as approved by the Architect/Engineer," occurs in the Contract Documents, do not assume that the materials, equipment, or methods will be approved as equal unless the item has been specifically so approved for this Work by the Engineer. 2. The decision of the Engineer shall be final. PART 2 PRODUCTS 2.1 SHOP DRAWINGS A. Scale and measurements: Make Shop Drawings accurately to a scale sufficiently large to show all pertinent aspects of the item and its method of connection to the Work.. B. Types of prints required: 1. Submit Shop Drawings in the form of three blueline or blackline prints of each sheet. 2. Blueprints alone will not be acceptable. C. Review comments of the Engineer will be shown on the blueline or blackline when it is returned to the Contractor. The Contractor may make and distribute such copies as are required for his purposes. 2.2 MANUFACTURER'S LITERATURE A. Where contents of submitted literature from manufacturers includes data not pertinent to the submittal, clearly show which portions of the contents is being submitted for review. B. Submit the number of copies which are required to be returned, plus one copy which will be retained by the Engineer. 2.3 SAMPLES (ONLY IF REQUIRED IN OTHER SECTIONS) A. Provide Sample of Samples identical to the precise article proposed to be provided. Identify as described under "Identification of submittals" below. B. Number of Samples required: 1. Unless otherwise specified, submit Samples, in the quantity which is required to be returned, plus one which will be retained by the Engineer. 2. By prearrangement in specific cases, a single Sample may be submitted for review and, when approved, be installed in the Work at a location agreed upon by the Engineer. PART 3 EXECUTION 3.1 IDENTIFICATION OF SUBMITTALS A. Consecutively number all submittals. 1. When material is resubmitted for any reason, transmit under a new letter of 01340-2 01108-023.08.03 transmittal and with a new transmittal number. 2. On resubmittals, cite the original submittal number for reference. B. Accompany each submittal with a letter of transmittal showing all information required for identification and checking. C. On at least the first page of each submittal, and elsewhere as required for positive identification, show the submittal number in which the item was included. D. Maintain an accurate submittal log for the duration of the Work, showing current status of all submittals at all times. Make the submittal log available to the Engineer for his review upon request. 3.2 GROUPING OF SUBMITTALS A. Unless otherwise specified, make submittals in groups containing all associated items to assure that information is available for checking each item when it is received. 1. Partial submittals may be rejected as not complying with the provisions of the Contract. 2. The Contractor may be held liable for delays so occasioned. 3.3 TIMING OF SUBMITTALS A. Make submittals far enough in advance of scheduled dates for installation to provide time required for reviews, for securing necessary approvals, for possible revisions and resubmittals, and for placing orders and securing delivery. B. In scheduling, allow at least ten working days for review by the Engineer following his receipt of the submittal. 3.4 ENGINEER'S REVIEW A. Review by the Engineer does not relieve the Contractor from responsibility for errors which may exist in the submitted data. B. Revisions: 1. Make revisions required by the Engineer. 2. If the Contractor considers any required revision to be a change, he shall so notify the Engineer within ten calendar days in writing. If after the review of the Engineer it is determined that the required revisions are in fact a legitimate change in work or time the procedures set forth in Articles 10, 11, & 12 of the General Conditions shall be followed. 3. Make only those revisions directed or approved by the Engineer. C. Reimbursement of Engineer's costs: 1. In the event substitutions are proposed to the Engineer after the Contract has been awarded, the Engineer will record all time used by him and by his consultants in evaluation of each such proposed substitution. 2. Whether or not the Engineer approves a proposed substitution, the Contractor promptly upon receipt of the Engineer's billing shall reimburse the Engineer at the rate of three times the direct cost to Engineer and his consultants for all time spent by them in evaluating the proposed substitution. END OF SECTION 01340-3 01108-023.08.03 SECTION 01550 MAINTENANCE OF TRAFFIC PART 1 - GENERAL 1.1 DESCRIPTION A. The Contractor shall furnish all equipment, supplies, personnel, labor and services to accomplish maintenance of vehicular and pedestrian traffic at all locations required to complete this project and as authorized by the Engineer. B. The intent is to maintain safe and expeditious movement of vehicular and pedestrian traffic around every work area where the public may be exposed to the potential hazards of the contract operations. C. The term "Maintenance of Traffic" as used in the contract drawings or in these Specifications shall mean the maintenance of vehicular and pedestrian traffic movement through and/or around any work site within a public right-of-way in a manner such as to provide minimum disruption and maximum safety to both the public and project personnel and equipment. 1.2 QUALITY ASSURANCE A. Maintenance of Traffic in the public rights -of -way shall be in strict accordance with the manual of uniform traffic control devices (M.U.T.C.D.). B. Maintenance of Traffic on F.D.O.T. roads shall be as indicated on the contract drawings and as specified in F.D.O.T. index 600. C. All traffic control and warning devices so specified; which are not on F.D.O.T. roadways, shall unless otherwise specified by the Department of Traffic and Transportation, be furnished, installed according to the Miami -Dade County Public Works Manual, part I, Standard Details (No. R-19 series), and maintained by the contractor involved. D. When required by the Village of Key Biscayne, supervision of traffic control and safety by a Uniformed Police Officer shall be furnished by the Contractor without cost to the Village. The Contractor is required to retain the services of the Village of Key Biscayne Police Officers for the supervision. Further, any and all additional traffic measures deemed necessary by such officers shall be carried out by the Contractor without cost to the City. 1.3 ADDITIONAL REQUIREMENTS A. All open trenches and holes adjacent to roadway or walkways shall be properly marked and barricaded to assure the safety of both vehicular and pedestrian traffic. B. No trenches or holes near walkways, in roadways or their shoulders are to be left open during night-time hours without express permission of the Village of Key Biscayne, Public Works Department and the Engineer, in writing. Trenches shall be backfilled or covered with steel plates. END OF SECTION 01550-1 01108-023.08.03 SECTION 01640 PRODUCT HANDLING PART 1 GENERAL 1.1 SECTION INCLUDES: A. Work included: Protect products scheduled for use in the Work by means including, but not necessarily limited to, those described in this Section. 1.2 RELATED SECTIONS: A. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of the Specifications. B. Additional procedures also may be prescribed in other Sections of these Specifications. 1.3 QUALITY ASSURANCE A. Include within the Contractor's quality assurance program such procedures as are required to assure full protection of work and materials. 1.4 MANUFACTURER'S RECOMMENDATIONS A. Except as otherwise approved by the Engineer determine and comply with manufacturer's recommendations on product handling, storage, protection and installation. 1.5 PACKAGING A. Deliver products to the job site in their manufacturer's original container with labels intact and legible. 1. Maintain packaged materials with seals unbroken and labels intact until time of use. 2. Promptly remove damaged material and unsuitable items from the job site, and promptly replace with material meeting the specified requirements, at no additional cost to the Owner. B. The Engineer may reject as non -complying such material and products that do not bear identification satisfactory to the Engineer as to manufacturer, grade, quality, and other pertinent information. 1.6 PROTECTION A. Protect finished surfaces through which equipment and materials are handled. B. Provide protection for finish floor surfaces in traffic areas prior to allowing equipment or materials to be moved over such surfaces. C. Maintain finished surfaces clean, unmarred, and suitably protected until accepted by the Owner. 01640-1 01108-023.08.03 1.7 REPAIRS AND REPLACEMENTS A. In the event of damage, promptly make replacements and repairs to the approval of the Engineer and at no additional cost to the Owner. B. Additional time required to secure replacements and to make repairs will not be considered by the Engineer to justify an extension in the Contract Time of Completion. END OF SECTION 01640-2 01108-023.08.03 SECTION 02010 SUBSURFACE INVESTIGATION PART 1 - GENERAL 1.1 DESCRIPTION A. Use of data: 1. Bidders should visit the site and acquaint themselves with existing conditions. 2. Prior to bidding, bidders may make their own subsurface investigation to satisfy themselves as to site and subsurface conditions, but such investigations may be performed only under time schedules and arrangements approved in advance by the Engineer. 1.2 QUALITY ASSURANCE A. Readjust work performed that does not meet technical or design requirements, but make no deviation from the Contract Documents without specific and written approval from the Engineer. END OF SECTION 02010-1 01108-023.08.03 SECTION 02151 SHORING AND BRACING OF EXCAVATIONS PART 1 - GENERAL 1.1 DESCRIPTION A. Work included: Provide shoring at excavations and else where as required to protect workmen, materials, other properties, and the public. B. Related Work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. As established in the General Conditions of the Contract, the Contractor is solely responsible for means and methods of construction and for the sequences and procedures to be used. 1.2 QUALITY ASSURANCE A. Use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the work of this Section. B. Employ a professional engineer registered in the State of Florida, who is qualified to design the shoring system and to inspect and report on the quality of its construction. All plans must bear the signature and seal of this engineer. C. Comply with pertinent requirements of governmental agencies having jurisdiction, and with the Florida Trench Safety Act (See Section 00665). 1.3 SUBMITTALS A. Comply with pertinent provisions of Section 01340. B. Prior to submitting shoring design for approval of governmental agencies having jurisdiction, submit the design to the Engineer for review. 1. Should changes in the shoring design be required subsequent to the Engineers review, coordinate all such changes with the Engineer and secure the Engineer approval of changes in space allocations. C. Upon completion of construction of this portion of the Work, submit to the Engineer two copies of a letter signed by the approved shoring design engineer stating that, to the best of the shoring design engineer's knowledge, the shoring system was constructed in accordance with the arrangement reviewed by the Engineer. PART 2 - PRODUCTS 2.1 DESIGN A. Design a shoring system which will safely and adequately prevent collapse of adjacent materials and which will permit construction of the Work to the arrangement 02151-1 01108-023.08.03 shown on the Drawings. B. Secure all needed approvals, including those of governmental agencies having jurisdiction and of adjacent property owners if required, at no additional cost to the Owner. 2.2 MATERIALS A. Provide materials of all kinds as required for execution of the approved shoring system. PART 3 - EXECUTION 3.1 SURFACE CONDITIONS A. Examine the areas and conditions under which work of this Section will be performed. Correct conditions detrimental to timely and proper completion of the Work. Do not proceed until unsatisfactory conditions are corrected. 3.2 INSTALLATION A. Construct and install the shoring system in strict accordance with the design approved by the governmental agencies having jurisdiction, and in strict accordance with the space arrangement approved by the Engineer. END OF SECTION 02151-2 01108-023.08.03 SECTION 02201 EARTHWORK FOR UTILITY STRUCTURES PART 1 - GENERAL 1.1 DESCRIPTION A. Work included: Excavation, backfilling and compaction for the installation of utility structures and related construction. B. Related Work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 1.2 QUALITY ASSURANCE A. Codes and Standards: Perform excavation work in compliance with applicable requirements of authorities having jurisdiction. B. Testing and Inspection Services: Contractor shall employ and pay for a qualified independent geotechnical testing laboratory to perform soil testing and inspection service during earthwork operations. C. Testing Laboratory Qualifications: To qualify for acceptance, the geotechnical testing laboratory must demonstrate to the Engineer's satisfaction, based on evaluation of laboratory -submitted criteria conforming to ASTM E 699, that it has the experience and capability to conduct required field and laboratory geotechnical testing without delaying the progress of the Work. 1.3 SUBMITTALS A. Test Report: Submit the following reports directly to the Engineer from the testing services, with a copy to the Contractor: 1. Verification of suitability of each footing sub -grade material, in accordance with specified the requirements. 2. Field reports; in -place soil density tests. 3. Report of actual unconfined compressive strength and/or results of bearing tests of each strata tested. 1.4 PROJECT CONDITIONS A. Site Information: 1. Test borings and exploratory operations may be performed by Contractor, at the Contractor's option; however, no change in the Contract Sum will be authorized for such exploration. B. Existing Utilities: Locate existing underground utilities in areas of excavation of work. If utilities are indicated to remain in place, provide adequate means of support and protection during earthwork operations. 1. Should uncharted, or incorrectly charted, piping or other utilities be 02201-1 01108-023.08.03 encountered during excavation, consult Engineer immediately for directions. Cooperate with Owner and utility companies in keeping respective services and facilities in operation. Repair any damaged utilities to the satisfaction of utility owner. 2. Do not interrupt existing utilities serving facilities occupied by owner or others, during occupied hours, except when permitted in writing by the Engineer; and then only after acceptable temporary utility services have been provided. 3. Provide a minimum of 48 -hour notice to the Engineer, and receive written notice to proceed before interrupting any utility. C. Use of Explosives: Use of explosives is not permitted. D. Protection of Persons and Property: Barricade open excavations occurring as part of this work and post with warning lights. 1. Operate warning lights as recommended by authorities having jurisdiction. 2. Protect building structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by earthwork operations. 3. Perform excavation by hand within dripline of large trees to remain. Protect root systems from damage or dry -out to the greatest extent possible. Maintain moist conditions for root system and cover exposed roots with moistened burlap. PART 2 - PRODUCTS 2.1 SOIL MATERIALS A. Satisfactory soil materials are defined as those complying with ASTM D2487 soil classification groups GW, GP, GM, SM, SW, and SP. B. Unsatisfactory soil materials are defined as those complying with ASTM D3487 soil classification groups GC, SC, ML, MH, CL, CH, OL, OH, and PT. C. Sub -base Material: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, crushed slag, crushed limerock and natural or crushed sand. D. Backfill and Fill Materials: Satisfactory soil materials free of clay, rock or gravel larger than 2 inches in any dimension, debris, waste, frozen materials, vegetation and other deleterious matter. PART 3 - EXECUTION 3.1 EXCAVATION A. Excavation is unclassified and includes excavation to subgrade elevations indicated, regardless of character of materials and obstructions encountered. the Work. Do not proceed until unsatisfactory conditions are corrected. B. Excavation Classifications: The following classifications of excavation will be made when rock is encountered: 1. Earth Excavation includes excavation of pavements and other obstructions visible on surface; underground structures, utilities, and other items indicated to be demolished and removed; together with earth and other materials 02201-2 01108-023.08.03 encountered that are not classified as rock or unauthorized excavation. 2. Rock excavation for trenches and pits includes removal and disposal of materials and obstructions encountered that cannot be excavated with a track mounted power excavator, equivalent to Caterpillar Model No. 215CLC, and rated at not less than 115 HP flywheel power and 32,000 -pound drawbar pull and equipped with a short stick and a 42 -inch wide, short tip radius rock bucket rated at 0.81 cubic yard (heaped) capacity. Trenches in excess of 10 feet in width and pits in excess of 30 feet in either length or width are classified as open excavation. 3. Rock excavation in open excavations includes removal and disposal of materials and obstructions encountered that cannot be dislodged and excavated with modern, track -mounted, heavy-duty excavating equipment is defined as Caterpillar Model No. 973 or equivalent track -mounted loader, rated not less than 210 HP flywheel power and developing minimum of 45,000 -pound breakout force (measured in accordance with SAE J732). a. Typical of materials classified as rock are (boulders 1/2 cu. yd. or more in volume, solid rock, rock in ledgers, and rockhard cementitious aggregate deposits. b. Intermittent drilling, or ripping performed to increase production and not necessary to permit excavation of material encountered will be classified as earth excavation. 3.2 STABILITY OF EXCAVATIONS A. General: Comply with local codes, ordinances, and requirements of agencies having jurisdiction. B. Slope sides of excavations to comply with local codes, ordinances, and requirements of agencies having jurisdiction. Shore and brace where sloping is not possible because of space restrictions or stability of material excavated. Maintain sides and slopes of excavations in safe condition until completion of backfilling. C. Shoring and Bracing: Provide materials for shoring and bracing, such as sheet piling, uprights, stringers, and shoring and bracing in excavations regardless of time period excavations will be open. Extend shoring and bracing as excavation progresses. 3.3 DEWATERING A. Prevent surface water and subsurface or ground water from flowing into excavations and from flooding project site and surrounding area. 1. Do not allow water to accumulate in excavations. Remove water to prevent softening of foundation bottoms, undercutting structure bases, and soil changes detrimental to stability of subgrades and foundations. Provide and maintain pumps, well points, sumps, suction and discharge lines, and other dewatering system components necessary to convey water away from excavations. 2. Establish and maintain temporary drainage ditches and other diversions outside excavation limits to convey rain water and water removed from excavations to collecting or runoff areas. Do not use trench excavations as temporary drainage ditches. 3.4 STORAGE OF EXCAVATED MATERIALS 02201-3 01108-023.08.03 A. Stockpile excavated materials acceptable for backfill and fill where directed. Place, grade, and shape stockpiles for proper drainage. B. Dispose of excess excavated soil material and materials not acceptable for use as backfill or fill. 3.5 EXCAVATION FOR STRUCTURES A. Conform to elevations and dimensions shown within a tolerance of plus or minus 0.10 foot, and extending a sufficient distance from footings and foundations to permit placing and removal of concrete formwork, installation of services, and other construction and for inspection. 1. Excavations for footings and foundations: Do not disturb bottom of excavation. Excavate by hand to final grade just before concrete reinforcement is placed. Trim bottoms of required lines and grades to leave solid base to receive other work. 3.6 BACKFILL AND FILL A. General: Place soil material in layers to the required subgrade elevations, for each area classification listed below, using materials specified in Part 2 of this Section. B. Backfill excavations as promptly as work permits, but not until completion of the following: 1. Acceptance of construction below finish grade including where applicable, damp proofing, waterproofing, and perimeter insulation. 2. Removal of concrete formwork. 3. Removal of shoring and bracing, and backfilling of voids with satisfactory materials. Cut off temporary sheet piling driven below bottom of structures and remove in a manner to prevent settlement of the structure or utilities, or leave in place if required. 4. Removal of trash and debris from excavation. 5. Permanent or temporary horizontal bracing is in place on horizontally supported walls. 3.7 PLACEMENT AND COMPACTION A. Ground Surface Preparation: Remove vegetation, debris, unsatisfactory soil materials, obstructions, and deleterious materials from ground surface prior to placement of fills. Plow, strip, or break up sloped surfaces steeper than 1 vertical to 4 horizontal so that fill material will bond with existing surface. 1. When existing ground surface has a density less than that specified under "Compaction" for a particular area classification, break up the ground surface, pulverize, moisture -condition to optimum moisture content, and compact to the required depth and percentage of maximum density. B. Place backfill and fill materials in layers not more than 6 inches in loose depth for material compacted by heavy compaction equipment, and not more than 4 inches in loose depth for material compacted by hand -operated tampers. C. Before compaction, moisten or aerate each layer as necessary to provide optimum moisture content. Compact each layer to the required percentage of maximum dry density or relative dry density for each area classification. Do not place backfill or fill material on surfaces that are muddy. 02201-4 01108-023.08.03 D. Place backfill and fill materials evenly adjacent to structures, piping, or conduit to the required elevations. Prevent wedging action of backfill against structures or displacement of piping or conduit by carrying material uniformly around structure, piping, or conduit to approximately same elevation in each lift. E. Control soil and fill compaction, providing a minimum percentage of density as specified for each area classification indicated below. Correct improperly compacted areas or lifts as directed by the Engineer if soil density tests indicate inadequate compaction. 1. Percentage of Maximum Density Requirements: Compact soil to not less than the following percentages of maximum density, in accordance with AASHTO T-1800: a. Under structures, (and pavements, compact top 12 inches of subgrade and each layer of backfill or fill material at 98 percent minimum density. 2. Moisture Control: Where subgrade or a layer of soil material must be moisture conditioned before compaction, uniformly apply water to surface of the subgrade or layer of soil material. Apply water in minimum quantities as necessary to prevent free water from appearing on the surface during or subsequent to compaction operations. a. Remove and replace, or scarify and air dry, soil material that is too wet to permit compaction to specified density. b. Stockpile or spread soil material that has been removed because it is too wet to permit compaction. Assist drying by harrowing, or pulverizing until moisture content is reduced to a satisfactory value. 3.8 GRADING A. Uniformly grade areas within limits of grading under this section, including adjacent transition areas. Smooth finished surface within specified tolerances, compact with uniform levels or slopes between points where elevations are indicated or between such points and existing grades. B. Grade areas adjacent to building lines to drain away from structures and to prevent ponding. Finish surfaces free from irregular surface changes and as follows: 1. Pavement: Shape surface of areas under pavement to line, grade, and cross-section, with the finished surface not more than 1/2 inch above or below the required subgrade elevation. C. Grading surface of fill under building slabs: Grade smooth and even, free of voids, compacted as specified, and to the required elevation. Provide final grades within a tolerance of 1/2 inch when tested with a 10 -foot straight edge. D. Compaction: After grading, compact subgrade surfaces to the depth and indicated percentage of maximum or relative density for each area classification. 3.9 FIELD QUALITY CONTROL A. Quality Control Testing During Construction: Allow testing service to inspect and approve each subgrade and fill layer before further backfill or construction work is performed. 1. Perform field density tests in accordance with ASTM D 1556 (sand cone method) or ASTM D 2167 (rubber balloon method), as applicable. a. Field density tests may also be performed by the nuclear method in 02201-5 01108-023.08.03 accordance with ASTM D 2922, providing that calibration curves are periodically checked and adjusted to correlate to tests performed using ASTM D 1556. In conjunction with each density calibration check, check the calibration curves furnished with the moisture gages in accordance with ASTM D 3017. b. If field tests are performed using nuclear methods, make calibration checks of both density and moisture gages at the beginning of the work, on each different type of material encountered, and at intervals as directed by the Engineer. 2. Foundation Subgrade: For each strata of soil on which footings will be placed, perform at least one test to verify required design bearing capacities. Subsequent verification and approval of each foundation subgrade may be based on a visual comparison of each subgrade with related tested strata when acceptable to the Engineer. 3. Paved Areas: In each compacted fill layer, perform one field density test for every 500 L.F. of overlaying or paved area, but in no case fewer than three tests. 4. Foundation Wall Backfill: Perform at least two field density tests at locations and elevations as directed. 5. If in the opinion of the Engineer, based on the testing service reports and inspections, subgrade or fills that have been placed are. below the specified density, perform additional compaction and testing until the specified density is obtained. 3.10 EROSION CONTROL: A. Provide erosion control methods in accordance with requirements of authorities having jurisdiction. 3.11 MAINTENANCE A. Protection of Graded Areas: Protect newly graded areas from traffic and erosion. Keep free of trash and debris. B. Repair and reestablish grades in settled, eroded, and rutted areas to specified tolerances. C. Reconditioning Compacted Areas: Where completed compacted areas are disturbed by subsequent construction operations or adverse weather, scarify surface, reshape, and compact to the required density prior to further construction. D. Settling: Where settling is measurable or observable at excavated areas during the general project warranty period, remove surface (pavement, lawn, or other finish), add backfill material, compact, and replace surface treatment. Restore appearance, quality, and condition of surface or finish to match adjacent work, and eliminate evidence of restoration to the greatest extent possible. 3.12 DISPOSAL OF EXCESS AND WASTE MATERIAL A. Removal to Designated Areas on Owner's Property: Transport acceptable excess excavated material to designated soil storage areas on Owner's property. Stockpile soil or spread as directed by the Engineer. B. Removal from Owner's Property: Remove waste materials, including unacceptable excavated material, trash, and debris, and dispose of it off Owner's property. 02201-6 01108-023.08.03 END OF SECTION 02201-7 01108-023.08.03 SECTION 02221 TRENCHING, BEDDING, AND BACKFILL FOR PIPE PART 1 - GENERAL 1.1 DESCRIPTION A. Work included: The Contractor shall furnish all labor, equipment, and incidentals necessary to perform all excavation, backfill, fill, grading and slope protection required to complete the piping work shown on the Drawings and specified herein. The work shall include, but not necessarily be limited to: manholes, vaults, duct conduit, pipe, roadways and paving; all backfilling, fill and required borrow; grading; disposal of surplus and unsuitable materials; and all related work such as sheeting, bracing, and water handling. B. Related Work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. Section 02150: Shoring and Bracing 3. Section 02201: Earthwork for Utility Structures 4. Section 02576: Paving and Resurfacing 1.2 TRENCH PROTECTION A. A Contractor shall construct and maintain sheeting and bracing as required to support the sides of excavations, to prevent any movement which could in any way diminish the width of the excavation below that necessary for proper construction, and to protect adjacent structures, existing piping and/or foundation material from disturbance, undermining, or other damage. Care shall be taken to prevent voids outside of the sheeting, but if voids are formed they shall be immediately filled and rammed. B. For pipe trench sheeting, no sheeting is to be withdrawn if driven below mid -diameter of any pipe, and no wood sheeting shall be cut off at a level lower than 1 foot above the top of any pipe unless otherwise directed by the Engineer. If during the progress of the work the Engineer decides that additional wood sheeting should be left in place, he may direct the Contractor in writing. If steel sheeting is used for trench sheeting, removal shall be as specified above unless written approval is given by the Engineer for an alternate method of removal. C. All sheeting and bracing not left in place shall be carefully removed in such a manner as not to endanger the construction or other structures, utilities, existing piping, or property. All voids left or caused by withdrawal of sheeting shall be immediately refilled with sand by ramming with tools especially adapted to that purpose by watering or otherwise as may be directed. D. The right of the Engineer to order sheeting and bracing left in place shall not be construed as creating any obligation on his part to issue such orders, and his failure to exercise his right to do so shall not relieve the Contractor from liability for damages to persons or property occurring from or upon the work occasioned by negligence or otherwise, growing out of a failure on the part of the Contractor to leave in place sufficient sheeting and bracing to prevent any caving or moving of the 02221-1 01108-023.08.03 ground. 1.3 JOB CONDITIONS A. The Contractor shall examine the site and review the available test borings or undertake his own soil borings prior to submitting his bid, taking into consideration all conditions that may affect his work. The Owner and Engineer will not assume responsibility for variations of sub -soil quality or conditions at locations other than places shown and at the time the investigations was made. Boring log data and soil samples are available for examination after signing a release at the office of the Engineer. B. Existing Utilities: Locate existing underground utilities in the areas of work. If utilities are to remain in place, provide adequate means of protection during earthwork operations. 1. Should uncharted, or incorrectly charted, piping or other utilities be encountered during excavation, consult the Engineer and the Owner for such piping or utility immediately for directions. 2. Cooperate with Owner and utility companies in keeping respective services and facilities in operation. Repair damaged utilities to satisfaction of utility owner. C. Protection of Persons and Property: Barricade open excavations occurring as part of this work and post with warning lights. Operate warning lights as recommended by authorities having jurisdiction. 1. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout and other hazards created by earthwork operations. 1.4 SUBMITTALS A. The Contractor shall furnish the Engineer, for approval, a representative sample of fill material obtained from onsite sources weighing approximately 50 pounds, at least ten calendar days prior to the date of anticipated use of such material. B. For each material obtained from other than onsite sources, the Contractor shall notify the Engineer of the source of the material and shall furnish the Engineer, for approval, a representative sample weighing approximately 50 pounds, at least ten calendar days prior to the date of anticipated use of such material. PART 2 - PRODUCTS 2.1 MATERIALS A. General: 1. Materials for use as base, fill and backfill shall be as described below: a. Satisfactory soil materials are defined as those complying with American Association of State Highway and Transportation Officials (AASHTO) M-145, soil classification Groups A-1, A-2-4. A-2-5, and A-3. b. Unsatisfactory soil materials are those defined in ASSHTO M-145 soil classification Groups A-2-6, A-2-7, A-6, and A-7 along with peat and other highly organic soils. 02221-2 01108-023.08.03 B. Structural Fill: 1. Structural fill material shall be satisfactory soil material consisting of a minimum of 60 percent clean medium to fine grain sized quartz sand, free of organic, deleterious and/or compressible material. Rock in excess of 2-1/2 inches in diameter shall not be used in the fill material. Structural fill shall not contain hardpan, stones, rocks, cobbles or other similar materials. C. Common Fill: 1. Common fill material shall be satisfactory soil material containing no more than 20 percent by weight finer than No. 200 mesh sieve. It shall be free from organic matter, much, marl, and rock exceeding 2-1/2 inches in diameter. Common fill shall not contain broken concrete, masonry, rubble or other similar materials. 2. Material falling within the above specification, encountered during the excavation, may be stored in segregated stockpile for reuse. All material' which, in the opinion of the Engineer, is not suitable for reuse shall be spoiled as specified herein for disposal of unsuitable materials. D. Rock Bedding: 1. Rock bedding shall be 3/8" to 3/4" washed and graded limerock. This rock shall be graded so that 99% will pass a 3/4" screen and 80% will be retained on a No. 8 screen. PART 3 - EXECUTION 3.1 GENERAL A. All excavation, backfill and grading necessary to complete the work shall be made by the Contractor and the cost thereof shall be included in the contract price. B. Material shall be furnished as required from off site sources and hauled to the site. C. The Contractor shall take all the necessary precautions to maintain the work area in a safe and workable condition. D. The Contractor shall protect his work at all times by flagging, marking, lighting and barricading. It shall also be the Contractor's responsibility to preserve and protect all above and underground structures, pipe lines, conduits, cables, drains or utilities which are existing at the time he encounters them. Failure of the Drawings to show the existence of these obstructions shall not relieve the Contractor from this responsibility. The cost of repair of any damage which occurs to these obstructions during or as a result of construction shall be borne by the Contractor without additional cost to the Owner. 3.2 TRENCH EXCAVATION A. Excavation for all trenches required for the installation of pipes and electrical ducts shall be made to the depths indicated on the Drawings. Excavate trench to provide a minimum of 20 inch clear cover over the pipe bell unless otherwise noted on the Drawings. Excavate in such manner and to such widths as will give suitable room for laying the pipe or installing the ducts within the trenches, for bracing and supporting and for pumping and drainage facilities. The trench width at the top of the pipe shall not exceed the allowable as determined by the depth of cut and 02221-3 01108-023.08.03 indicated on the Drawings. B. Rock shall be removed to a minimum 8 -inches clearance around the bottom and sides of all the pipe or ducts being laid. C. Where pipe or ducts are to be laid in limerock bedding or encased in concrete the trench may be excavated by machinery to or just below the designated subgrade provided that the material remaining in the bottom of the trench is no more than slightly disturbed. D. Where the pipes or ducts are to be laid directly on the trench bottom, the lower parts of the trenches shall not be excavated to the trench bottom by machinery. The last of the material being excavated shall be done manually in such a manner that will give a flat bottom true to grade so that pipe or duct can be evenly and uniformly supported along its entire length on undisturbed material or bedding rock. Bell holes shall be made as required manually so that there is no bearing surface on the bells and pipes are supported along the barrel only. 3.3 PIPE INTERFERENCES AND ENCASEMENT A. The Contractor shall abide by the following schedule of criteria concerning interferences with other facilities. 1. In no case shall there be less than 0.3 feet between any two pipe lines or between pipe lines and structures. 2. Class 1 Concrete Encasement: Wherever there is more than 0.3 feet but less than 1.5 feet clearance between sewers, sewer house laterals, force mains and water mains or water services, then a concrete encasement shall be provided in accordance with the typical detail as shown on the Drawings. 3. Class 11 Concrete Encasement: Wherever there is more than 0.3 feet but less than 1.0 feet clearance between any two pipe lines, or between pipe lines and structures, then a concrete encasement shall be provided in accordance with the typical detail as shown on the Drawings. B. The Engineer shall have full authority to direct the placement of the various pipes and structures in order to facilitate construction, expedite completion and to avoid conflicts. 3.4 BACKFILLING A. Backfilling over pipes shall begin as soon as practicable after the pipe has been laid, jointed, and inspected and the trench filled with suitable compacted material to the mid -diameter of the pipe. B. Backfilling over ducts shall begin not less than three days after placing concrete encasement. C. All backfilling shall be prosecuted expeditiously and as detailed on the Drawings. D. Any space remaining between the pipe and sides of the trench shall be packed full by hand shovel with selected earth, free from stones having a diameter greater than 2 -inches and thoroughly compacted with a tamper as fast as placed, up to a level of one foot above the top of the pipe. Compact to 95% maximum density in layers not 02221-4 01108-023.08.03 to exceed 4 inches up to the centerline of the pipe from the trench bottom and in layers not to exceed 4 inches up to the centerline of the pipe from the trench bottom and in layers not to exceed 6 inches from the pipe centerline to 12 inches above the pipe. E. The filling shall be carried up evenly on both sides with at least one many tamping for each man shoveling material into the trench. F The remainder of the trench above the compacted Backfill, as just described above, shall be filled and thoroughly compacted with common fill by rolling, ramming, of puddling, as the Engineer may direct. Compact common fill in 6 -inch layers to 98% maximum density. G The bedding rock in much areas shall consists of at least 6 inches of washed and graded limerock placed in the trench to the proposed elevation of the centerline of the pipe prior to any pipe lying. This bedding shall not be used under any circumstances as a drain for ground water. The Contractor shall take all precautions necessary to maintain the bedding in a compacted state and to prevent washing, erosion or loosening of this bed. H. In location where pipes pass through building walls, the Contractor shall take the following precautions to consolidate the refill up to an elevation of at least 1 foot above the bottom of the pipes: 1. Place structural fill in such areas for a distance of not less than 3 feet on either side of the center line of the pipe in level layers not exceeding 6 -inches in depth. 2. Wet each layer to the extent directed and thoroughly compact each layer with a power tamper to the satisfaction of the Engineer. 3.5 GRADING A. Grading shall be performed at such places as are indicated on the Drawings, to the lines, grades, and elevations shown or as directed by the Engineer and shall be made in such a manner that the requirements for formation of embankments can be followed. All unacceptable material encountered, of whatever nature within the limits indicated, shall be removed and disposed of as directed. During the process of excavation, the grade shall be maintained in such condition that it will be well drained at all times. When directed, temporary drains and drainage ditches shall be installed to intercept or divert surface water which may affect the prosecution or condition of the work. B. If at the time of excavation it is not possible to place any material in its proper section of the permanent structure, it shall be stockpiled in approved areas for later use. No extras will be considered for stockpiling or double handling of excavating material. C. The right is reserved to make minute adjustments or revisions in lines or grades if found necessary as the work progresses, due to discrepancies on the Drawings or in order to obtain satisfactory construction. D Stones or rock fragments larger than 2-1/2 inches in their greatest dimensions will not be permitted in the top 6 inches of the subgrade line of all dikes, fills or embankments. E. All fill slopes shall be uniformly dressed to the slope, cross-section and alignment 02221-5 01108-023.08.03 shown on the Drawings, or as directed by the Engineer. F In cuts, all loose or protruding rocks on the back slopes shall be barred loose or otherwise removed to line or finished grade of slope. All cut and fill slopes shall be uniformly dressed to the slope, cross-section and alignment shown on the Drawings or as directed by the Engineers. G. No grading is to be done in areas where there are existing pipe lines that may be uncovered or damaged until such lines which must be maintained are relocated, or where lines are to be abandoned, all required valves are closed and drains plugged at manholes. H. The Contractor shall replace all pavement cut of otherwise damaged during the progress of the work as specified elsewhere herein. 3.6 DISPOSAL OF UNSUITABLE AND SUPPLY MATERIAL A. All surplus and/or unsuitable excavated material shall be disposed of in one of the following ways as directed by the Engineer. 1. Transport to soil storage area on Owner's property and stockpile or spread as directed by the Engineer. 2. Transport from Owner's property and legally dispose of. Any permit required for the hauling and disposing of this material beyond Owner's property shall be obtained prior to commending hauling operations. B. Suitable excavated material may be used for fill if it meets the specifications for common fill and is approved by the Engineer. Excavated material so approved may be neatly stockpiled at the site where designated by the Engineer provided there is an area available where it will not interfere with the operation of the facility nor inconvenience traffic or adjoining property owners. END OF SECTION 02221-6 01108-023.08.03 SECTION 02223 EXCAVATION BELOW NORMAL GRADE AND GRAVEL REFILL PART 1 - GENERAL 1.1 DESCRIPTION A. If in the opinion of the Engineer, the material at or below the normal grade of the bottom of the trench (0.7 -feet below the invert of the pipe) is unsuitable for foundation, it shall be removed to the depth directed by the Engineer and replaced by drain rock, at no additional cost to the Owner. B. Related Work: 1. Documents affecting work of this section include, but are not necessarily limited to General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. Section 02221: Trenching, Bedding and Backfill for Pipe. PART 2 - PRODUCTS 2.1 MATERIALS: A. Drain rock shall be 3/8 -inch to 3/4 -inch washed and graded limerock. The rock shall be graded so that 99% will pass a 3/4 -inch screen and 80% will be retained on a No. 8 screen. PART 3 - EXECUTION 3.1 EXCAVATION AND DRAINAGE: A. Whatever the nature of unstable material encountered or the groundwater conditions, trench drainage shall be complete and effective. B. If the Contractor excavates below grade through error or for his own convenience, or through failure to properly dewater the trench, or disturbs the subgrade before dewatering is sufficiently complete, he may be directed by the Engineer to excavate below grade as set forth in the preceding paragraph, in which case the work of excavating below grade and finishing and placing the refill shall be performed at the Contractors own expense. 3.2 REFILL A. If the material at the level of trench bottom consists of fine sand, sand and silt or soft earth which may work into the drain rock notwithstanding effective drainage, the subgrade material shall be removed to the extent directed and the excavation refilled with coarse sand, or a mixture graded from coarse sand to fine peastone, to form a filter layer preserving the voids in the gravel bed of the pipe. The composition and gradation of gravel shall be approved by the Engineer prior to placement. Gravel shall be placed in 6 -inch layers thoroughly compacted. If directed by the Engineer, drain rock shall be used for refill of excavation below grade. END OF SECTION 02223-1 01108-023.08.03 SECTION 02576 PAVING AND RESURFACING PART 1 - GENERAL 1.1 DESCRIPTION A. The work of this section includes, but is not limited to: 1. Temporary Paving 2. Permanent Paving B. Related Work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 1.2 QUALITY ASSURANCE A. Referenced Standards: 1. Florida Department of Transportation Standard Specifications for Road and Bridge Construction Latest Edition, including Supplements. 1.3 SUBMITTALS A. Certificates: 1. Submit certification from bituminous and aggregate suppliers attesting that materials conform to the Controlling Agency Specifications. 1.4 JOB CONDITIONS A. Control of Traffic: 1. Take measures to control traffic during repaving operations. Do not allow traffic on repaved areas until authorized by the Engineer. 2. Employ traffic control measures necessary to maintain and to protect traffic, to protect the work in progress, to protect adjacent property from excess dust resulting from the construction area and to maintain traffic through, around, or adjacent to the construction area. The work shall include the furnishing and maintaining of all traffic control devices, flaggers, construction of temporary structures when required, labor, equipment and materials to keep the traveled road smooth and the furnishing and application of dust palliatives. B. Restore existing paving outside the limits of the work that is damaged by the contractor's operations to its original condition at the expense of the Contractor. PART 2 - PRODUCTS 2.1 FLEXIBLE PAVEMENT MATERIALS AND AGGREGATES A. Bituminous Treatments, surface courses and concrete pavements shall conform to Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Latest Edition. Thickness shall be a minimum of 1 inch of Type S-3 Asphaltic Concrete Pavement, unless otherwise noted on plans. 02576-1 01108-023.08.03 B. Refer to Section 300, Florida Department of Transportation Specifications, Latest Edition. All bituminous materials and aggregates used in paving and resurfacing are designated in these specifications and shall conform to the applicable portions of the State specifications. PART 3 - EXECUTION 3.1 TEMPORARY PAVING A. Place temporary paving immediately upon completion of trench back -filling. Unpaved trenches shall not remain unpaved longer than one working day after back - filling. B. Shape and compact subgrade material, then place and compact crushed stone base course to the required thickness. C. Place temporary paving material. Compact to required minimum thickness with trench roller having minimum 300 pounds per inch -width of compaction roll. D. Continuously maintain temporary paving to the satisfaction of the Engineer and the state and local road departments. E. Remove and dispose of temporary pavement prior to the placement of permanent pavement. 3.2 PERMANENT PAVING A. Excavate to the lines and grades on plans to receive permanent pavement, including the disposal of surplus excavated material. Remove all muck and organic materials. B. Remove temporary paving material. Construct permanent base and surface courses to the required compacted thickness shown on the plans in accordance with Florida Department of Transportation Standards for Road and Bridge Construction. C. Trim existing paving to remove damaged areas. Cut straight joint lines and right angle offsets. D. Maintain permanent paving to the satisfaction of the Engineer and the local and state road departments throughout the contract maintenance period. 3.3 BITUMINOUS OVERLAY A. Where indicated on the drawings, standard details, or directed by the engineer, place a bituminous overlay. B. Construct in accordance with Florida Department of Transportation Standards for Road and Bridge Construction. 3.4 DRIVEWAYS A. Trim concrete and bituminous driveway surfaces to remove damaged areas. Saw cut straight joint lines parallel to the centerline of the trench. Cut offsets at right 02576-2 01108-023.08.03 angles to the trench centerline. B. Restore existing concrete driveways trenched through with a 6" layer of concrete reinforced with 6 x 6 10/10 wire mesh. C. Restore existing asphalt driveways trenched through in kind or with minimum 1" layer wearing course over 12" layer of D.O.T. road rock. D. Restore earth driveways with a 6" layer of 3/4" stone backfill. Florida DOT 901-6 No. 14 E. Restore brick driveways with like brick placed on a 4" thick wet sand bed. Place bricks in like pattern and spacing. 3.5 CONCRETE CURB AND SIDEWALK REPAIRS A. Replace curbs and sidewalks damaged by construction to match existing. B. Reconstruct curbs and sidewalks to the first expansion joint on either side of the damaged portion. Install preformed expansion joint material. C. Sidewalks shall be new construction for the full width of the existing slabs. D. Reconstruct sidewalks to 4 inch thickness of Class I concrete placed on a 4 inch base of compacted material. E. Sidewalks and curbs materials and construction methods shall be in accordance with Sections 522 and 520 of the referenced Florida Department of Transportation Specifications. END OF SECTION 02576-3 01108-023.08.03 SECTION 03250 CAST -IN -PLACE CONCRETE SIDEWALKS, CURBS, CURBS & GUTTERS, CROSSWALKS AND MISCELLANEOUS CONCRETE PART 1 - GENERAL 1.1 DESCRIPTION A. Work included: Provide cast -in -place concrete, sidewalks, curbs, curbs and gutters, crosswalks and miscellaneous concrete, where shown on the Drawings as specified herein, and as needed for a complete and proper installation. B. Related Work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 1.2 QUALITY ASSURANCE A. Use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the work of this Section. The concrete curb and sidewalk contractor/sub-contractor shall have a minimum of 5 years experience in the construction of urban and decorative sidewalks. B. Quality control: 1. See requirements for testing as stated in part 3 of this Section. 1.3 SUBMITTALS A. Comply with pertinent provisions of Section 01340. 1.4 PRODUCT HANDLING A. Comply with pertinent provisions of Section 01640. PART 2 - PRODUCTS 2.1 CONCRETE MIXES A. Provide a mix design prepared by the approved testing agency, based on strengths of the approved materials, and meeting the requirements stated on the Drawings, and Specifications. 1. Secure the Engineers approval of each mix design, including new mix designs required to be prepared should there occur a change in materials being used. 2.2 CONCRETE QUALITY A. Concrete shall be Class I normal weight, and shall attain a 28 -day compressive strength of a minimum of 3000 psi. 03250-1 01108-023.08.03 1. The maximum water -cement ratio shall be 0.65. 2. The minimum cement content for concrete shall be five bags per cubic yard. 3. Concrete shall contain a water reducing admixture capable of increasing workability and reducing the amount of mixing water, conforming to ASTM C494-82, Type A. Other admixtures may be used if approved by the Engineer. Admixtures shall be added to the mix in accordance with the manufacturer's specifications, and at a controlled rate. 2.3 COLORING A. Integral Colored Concrete mixture shall be Class I concrete, as described above. Concrete shall be supplied with the color admixture added. Admixture coloring, as specified in drawings, shall be plant mixed and shall be manufactured by the Lambert Corporation or an approved equal. PART 3 - EXECUTION 3.1 SURFACE CONDITIONS A. Examine the areas and conditions under which work of this Section will be performed. Correct conditions detrimental to timely and proper completion of the Work. Do not proceed until unsatisfactory conditions are corrected. 3.2 SUBGRADE PREPARATION A. All roots, vegetation and other deleterious materials shall be removed from the area of the proposed sidewalk. Roots, when present, shall be removed to a depth of 12". Existing rock shall be removed to at least 1" below proposed subgrade elevation. Fill materials, where required, shall be clean limerock or mixture of limerock and sand acceptable to the Engineer. Subgrade shall be compacted to a minimum field density of 95% of the maximum density as determined by AASHTO Method, Designation T180-74, Method D. 3.3 FORMS A. General: Steel forms shall be used for all work except at sidewalk radii where wood forms (1/4" min. thickness) may be used and which shall be bent to a smooth uniform curve. Wood forms shall not be used for Curb or Curb & Gutter work. Forms shall be as follows: (a) externally secured and braced where feasible; (b) substantial and unyielding; (c) of adequate strength to contain the concrete without building between supports and without apparent deviation form the neat lines, contours and shapes shown in the plans. They shall be designed to withstand the additional forces of vibration without apparent deviation from the desired shape or position. Assembled forms shall be mortar tight and, shall be constructed to render a concrete surface of smooth, uniform finish. Provisions shall be made for the removal of forms without injury to concrete surfaces. Blocks and bracing shall be removed from the forms and in no case shall any portion of the forms be left in the concrete. The Contractor, where practical, may use asphalt abutting the sidewalk in lieu of form work. The asphalt must be saw cut in such a manner that the edge of the sidewalk where it abuts the asphalt is true to grade and alignment. The form shall be set plumb, properly aligned, and with their bottom in furl and continuous contact with the subgrade. Forms shall be cleaned and lightly oiled 03250-2 01108-023.08.03 before concrete is placed. B. Form Alignment, Bracing and These: Forms shall be constructed in such manner that they may be adequately secured for alignment, shape and grade. Bracing systems, ties and anchorages used for this purpose shall be substantial and sufficient to insure against apparent deviation from shape, alignment and grade. Nails driven into existing concrete shall not be used for this purpose. Bracing systems, ties anchorages shall not be used which will unnecessarily deface of mark, or have an injuries or undesirable effect on surfaces which will be a part of the finished surface. C. Preparation and Cleaning: The condition of the forms shall meet the following requirements at the time concrete casting is begun: (a) All forms shall be treated with an approved form -release agent before placing concrete. Material which will adhere to, or disorder the concrete shall not be used. (b) The forms shall be cleaned of all dirt, sawdust, shavings and other debris. (c) All inspection and cleanout holes shall be closed and secured. 3.4 CONCRETE MIXING A. Job mixed concrete shall not be permitted. B. Ready -mixed concrete shall be mixed and delivered in accordance with the requirements of the Standard Specification for Ready -Mixed Concrete, ASTM C94- 85. C. No concrete shall be retempered after it has taken an initial set nor shall any batch or portion thereof be deposited in forms more than one and one-half hours after the mixing of that particular batch has commenced. D. No water shall be added at the job site to concrete delivered by truck as ready for use without the approval of the Engineer, and then, only when slump tests are made and the concrete so delivered is known to be of less than the slump specified. E. Concrete consistency: 1. Use the amount of water established by the approved mix design. a. Do not exceed the maximum quantity specified for the grade of concrete. b. Use the minimum amount of water necessary to produce concrete of the workability required by the Engineer. c. Do not supplement the predetermined amount of water with additional water for any reason. 2. Measure concrete consistency by ASTM C143 method. a. As part of the routine testing and inspecting, test twice each day or partial day's run of the mixer. b. Maintain a complete and accurate record of tests. 3. Provide a 3" maximum concrete slump. F Miscellaneous provisions: 1. Provide strengths of concrete as shown on the Drawings. 2. Provide concrete dense and free from honeycomb and other defects. 3. Place and finish members to conform to the shapes and dimensions indicated, with all surfaces true to line, plumb, and level. 03250-3 01108-023.08.03 3.5 CONCRETE REINFORCEMENT A. Provide reinforcement as detailed on Drawings and Specifications. 3.6 CONVEYING AND PLACING CONCRETE A. Inspection: No concrete shall be placed until inspected for depth, forming and reinforcement. Proper finishing tools shall be on the jobsite at time of inspection. Failure to obtain required inspection shall be sufficient cause for rejection. Such inspection and approval shall not relieve the contractor of the responsibility of obtaining satisfactory concrete surfaces, free from warping, bulging or other objectionable defects. Special attention shall be paid to the ties and bracing. Where the forms appear to be insufficiently braced or unsatisfactorily built, the progress of the work shall be stopped until the defects have been corrected to the satisfaction of the Engineer. B. Preparation: 1. Remove all laitance, oil, and loose particles from concrete and concrete surfaces, and thoroughly clean the forms with water under stiff pressure. 2. Remove laitance after concrete has hardened partially (not less than two hours nor more than four hours after place in) by brushing with stiff bristles, or by directing a stream of water from a 1/4" nozzle, or by other method approved by the Engineer, to expose the clean top surface of the coarse aggregate. 3. Where cleaning is not satisfactory to the Engineer sandblast the surface and then wash again. C. Method of Depositing 1. Concrete shall be deposited as nearly as practical in its final position to avoid segregation due to handling or flowing. The concrete shall be carried on at such a rate that the concrete is at all times plastic and flows readily. No concrete that has been contaminated by foreign materials shall be deposited on the work. 2. When concreting is started, it shall be carried on as a continuous operation until the placing of the panel or section is completed. The top surface shall be generally level. 3. All concrete shall be thoroughly compacted by suitable means during the operation of placing, and shall be thoroughly worked, into corners. 4. Place concrete only under the degree of inspection described elsewhere in these Specifications, and as required by governmental agencies having jurisdiction. 5. Do not place concrete outside of regular working hours unless required inspection authorities have been notified properly and are present. 6. Concrete shall be pump -mix. 7 Deposit concrete so that the surface is kept level throughout, a minimum being permitted to flow from one position to another, and place as rapidly as practicable after mixing. 8. Do not use in this Work any concrete not placed within 30 minutes after leaving the mixer. D. Adverse Weather: 1. The Contractor shall assume all risks connected with the placing of concrete during adverse weather conditions, and permission given to place concrete 03250-4 01108-023.08.03 under such conditions will in no way relieve the Contractor of the responsibility for satisfactory results. Should concrete placed under such conditions, prove unsatisfactory, it shall be removed, disposed of and replaced at the Contractor's expense. 3.7 FINISHING A. Exposed work shall have a steel trowelled finish after which it shall be lightly broomed to eliminate a slick finish. After forms have been removed from exposed areas, all voids shall be filled and rubbed where necessary using color compound to give the face a finished look. All laitance and stopover shall be thoroughly removed from any adjacent surfaces before the final finishing process is completed. 3.8 EDGES AND JOINTS A. Edges of all sidewalks shall be finished with one -quarter inch (1/4") radius joint and edging tools. Edges of curbs shall be to the radius shown on typical section. B. Joints in sidewalks shall be spaced uniformly equal to width of sidewalk except where sidewalk exceeds six feet (6') in which case the uniform spacing shall be one- half width with a longitudinal joint at mid -width. All such joints shall be formed with tool having a bit depth of one and one-half inches (1-1/2") as approved by the City and shall have a minimum tooled radius of one -quarter inch (1/4") each side. At spacing of twenty feet (20') maximum (or nearest multiple of required joint spacing) there shall be an open joint one -quarter inch (1/4"), minimum, wide and full depth of sidewalk which may be formed with removable spline but having edges tooled to a one -quarter inch radius. Expansion joints or saw cutting can only be used where approved in writing. An open joint shall be provided where new sidewalk abuts existing. A longitudinal joint parallel to curb poured monolithic with the sidewalk shall be tooled to a minimum depth of one -quarter inch and with a one -quarter inch radius each side. Joints in curbs or curbs and gutters shall be at a maximum spacing of ten feet (10') or a minimum spacing of four feet (4') and formed with a one -quarter inch thick steel template of proper contour and with exposed edges tooled to a one -quarter inch radius. C. Expansion material must be used between the back of curb (or curb and gutter) and sidewalk, between concrete driveway and sidewalk, between any existing vertical surface (except existing sidewalk) and sidewalk and between root barriers and sidewalk. Expansion joints shall be a maximum of 1/2" thick and the expansion material shall be cut one -eighth inch (1/8") below the surface at the proposed sidewalk curb or gutter. D. When specified on the plans or requested by the Contractor and approved by this department, sawcutting of sidewalks, curb or gutter shall be done as follows: 1. All joints shall be formed (at wearing surface) with tool having a bit of at least one-half inch (1/2") deep and radius of one -quarter (1/4") each side. 2. Open joints where required shall be saw cut the full depth of sidewalk, curb or gutter. 3. Intermediate joints at spacing required shall be saw cut a minimum depth of one and one-half inch (1-1/2"). 03250-5 01108-023.08.03 4. Saw blades used shall not be less than one -eighth inch (1/8") nor more than one -quarter (1/4") thick and shall not be allowed to deviate from a straight line, but such joints shall be clean cut and uniform in width with tooled edges at surface remaining undamaged. 5. Open joints shall be saw cut within forth-eight(48) hours and intermediate joints with twenty-four (24) hours after finishing. E. Concrete sidewalks which are part of driveways and approaches shall have joint spacing to match adjoining sidewalk. 3.9 CURING A. Concrete shall be cured by use of a clear compound compatible with the coloring compound and in accordance with manufacturer's recommendations. Submit the proposed material and method for approval prior to use. B. Care shall be used in the use of water or plastic membranes as their use may have an adverse effect on the coloring compound and/or finish. 3.10 DEFECTIVE CONCRETE A. The following concrete will be deemed to be defective, and shall be removed promptly from the job site. 1. Concrete which is not formed as indicated, is not true to intended alignment, is not plumb or level where so intended, is not true to intended grades and levels; 2. Has voids or honeycomb that have been cut, resurfaced, or filled, unless with the approval of the Architect; 3. Has sawdust, shavings, wood, or embedded debris; 4. Or does not conform fully to provisions of the Contract Documents. B. Repairs and replacement 1. Defective concrete may be cut out and repaired with gunite, or other approved methods, when and as directed by the Engineer. 2. Where defective concrete is found after removal of the forms, cut out the defective concrete, if necessary, and make the surfaces match adjacent surfaces. 3. Work uneven surfaces and angles of concrete to a surface matching adjacent concrete surfaces. 3.11 TESTING A. The Engineer shall have the right to order tests on any material entering into concrete or reinforced concrete to determine its suitability for the proposed purpose. To order reasonable tests of the concrete from time to time to determine whether the materials and methods in use are such as to produce concrete of the necessary quality; and to order the test under load of any portion of the structure, when conditions have been such as to leave doubt as to the adequacy of the structure to serve the purpose for which it is intended. B. Tests of materials and of concrete shall be in accordance with the requirements of the American Society for Testing Materials. Test shall be made by a testing laboratory approved by the Engineer. Test reports shall be submitted to the 03250-6 01108-023.08.03 Engineer. The costs of such tests resulting from construction related problems shall be assumed by the Contractor. C. Tests on concrete used in construction shall be made by an approved testing laboratory, and reports submitted to the Engineer. The costs of such tests shall be assumed by the Contractor. 1. Not less than three specimens shall be made for each standard test, nor less than one test for each 50 cubic yards of concrete used on the project. 2. Specimens shall be made and cured in accordance with the Standard Method of Making and Curing Concrete Compression and Flexure Test Specimens in the Field, ASTM C31-84. 3. Specimens shall be tested in accordance with the Standard Method of Test for Compression Strength of Molded Concrete Cylinders, ASTM C39-84. Reports to the Engineer shall be submitted for each test performed. 4. Test cylinders taken off truck -mixed concrete shall be taken at the approximate one -quarter point and the three-quarter point of the load. D. The age for strength tests of concrete shall be 28 days. Strength tests for an earlier age shall be submitted if the Engineer has approved concrete in the structure to receive its full working loads at such earlier time. Seven day tests may be used with the approval of the Engineer, provided that the relation between the seven and 28 - day strengths of the concrete is established by tests for the materials and proportions used. E. To conform to the requirements of these specifications, the average strength of the laboratory cured cylinders representing each class of concrete as well as the average of any five consecutive strength tests representing each class of concrete shall be equal to or greater than the specified strength and not more than one strength test in ten shall have an average value of less than 90 percent of the specified strength. F When there is a question as to the quality of the concrete in the structure, the Engineer shall have the right to require core tests in accordance with the Standard Method of Obtaining and Testing Drilled Cores and Sawed Beams of Concrete, ASTM C42 -84a, to order load tests on that portion of the structure where the questionable concrete has been placed, or to require other reasonable tests to evaluate the strength of the structure. END OF SECTION 03250-7 01108-023.08.03 APPENDIX A CONSTRUCTION PLANS i 1 i i i i i i i 1 i i i i i i i 1 MASHTA POINT NOTE: 1. WHERE CURB AND GUTTER, PAVERED AREAS, AND PAVER OR CONCRETE DRIVEWAYS EXIST, CONTRACTOR SHALL MILL A MINIMUM 5' WIDE STRIP TO MATCH NEW PAVEMENT ELEVATION WITH EXISTING LIP OF GUTTER OR PAVER BAND. 2. CONTRACTOR SHALL INCLUDE STRIPING WITH TEMPORARY AND PERMANENT PAINT. IN THE UNIT COST OF THE OVERLAY. THE THERMO PLASTIC PAVEMENT MARKINGS SHALL BE PLACED NO EARLIER THAN 30 DAYS AFTER ASPHALT OVERLAY COMPLETION. 2. ALL VALVES AND MANHOLES WITHIN PROJECT LIMITS SHALL BE RAISED BY CONTRACTOR. 1" TYPE S -III ASPHALT OVERLAY 0 Scale: 1" — 200' 50 100 200 HURRICANE HARBOR Repair No. Description Picture No. 11 Roadway Regrading (See Regrading Plan Sheet) 11 12 Asphalt repair around manhole. 12 13 Asphalt repair around two manholes. 13 14 110 SF of asphalt repair. 14 15 Asphalt repair around manhole. t5 16 Asphalt repair around two manholes. 16 17 20 SF of asphalt repair. 17 18 Asphalt repair around 2 manholes and 160 SF of asphalt repair. 18 19 50 SF of asphalt repair. 19 20 Asphalt repair around manhole. 20 IMENI M M NM= M-- I N— M— N M M 1 e, MIN — MATCHLINE A -A SEE SHEET C2 REVISIONS DESCRIPTION DATE 1. 2. I 4.3. APPROVED BY: DATE: 1 C3TS CORZO CASTELIA CARBALLO'HOWSON SAWN, P.A. ENGINEERS • ARCHITECTS • PLANNERS 901 PONCE DE LEON BLVD.. SUITE 900 CORAL GABLES. FLORIDA 331 3.4 - MIAMI (305)-445-2900 FLORIDA (300)-448-0227 FL REGISTRATIONS. EB0005022 AAC002142 DATE: DRAWN: DESIGNED: CHECKED: QC: rnnn cu r• 02-11-11 MM SC SC SC VILLAGE OF KEY BISCAYNE FLORIDA OVERLAY AND REPAIR PLAN MASHTA ISLAND ROADWAY RESURFACING M N 0 i co 0 SHEET NO. C1 1 OF 7 1 1 1 1 1 MATCHLINE A -A SEE SHEET C1 M--- s1• E I M M M-- M M M-- N ME E ooU / 640 /630 NOTE: 1. WHERE CURB AND GUTTER, PAVERED AREAS, AND PAVER OR CONCRETE DRIVEWAYS EXIST, CONTRACTOR SHALL MILL A MINIMUM 5' WIDE STRIP TO MATCH NEW PAVEMENT ELEVATION WITH EXISTING LIP OF GUTTER OR PAVER BAND. 2. CONTRACTOR SHALL INCLUDE STRIPING WITH TEMPORARY AND PERMANENT PAINT. IN THE UNIT COST OF THE OVERLAY. THE THERMO PLASTIC PAVEMENT MARKINGS SHALL BE PLACED NO EARLIER THAN 30 DAYS AFTER ASPHALT OVERLAY COMPLETION. 2. ALL VALVES AND MANHOLES WITHIN PROJECT LIMITS SHALL BE RAISED BY CONTRACTOR. 1" TYPE S -III ASPHALT OVERLAY 601 /570 / 571/550 f561�` 550 551V 540 541'; /'53N)< 520 �. 521>-(500 0 Scale: 1" = 200' so 100 200 Repair No. Description Picture No. 1 Asphalt repair around manhole. 1 2 Asphalt repair around manhole. 2 3 10 LF of curb & gutter replacement. 3 4 Asphalt repair around manhole. 4 5 Roadway Regrading (See Regrading Plan Sheet) 5A, 58 6 Colored Curb patching repair. 6 7 Colored curb patching repair. 7 8 10 LF of colored curb & gutter replacement. 8 9 80 SF of asphalt repair. g 10 Asphalt repair around manhole. 10 21 Asphalt repair around manhole. 21 22 45 LF of Colored Curb replacement. 22A, 228, 22C 23 Asphalt repair around manhole. 23 GLER,S COvE OVERLAY AND REPAIR PLAN REVISIONS APPROVED BY: �,pp wry' MO CASTELLA CARBALLO THOIIPSON SALIIAN, P.A. ENGINEERS • ARCHITECTS • PLANNERS 901 F. ON, GE DE LEON SLVD.. SUITE 900 CORAL GA9L£S, FLORIDA 33134 DATE: DRAWN: DESIGNED: CHECKED: QC: CARD FILE: 02-11-11 t�� Ft 1.,,,, -'A ( �' rt. . `"'' VILLAGE OF KEY BISCAYNE FLORIDA MASHTA ISLAND ROADWAY RESURFACING 1108-023 1 SHEET SHEET NO. 2 2 OF 7 I DESCRIPTION DATE MM 1. SC SC 2. DATE: 34 C3TS MIAMI (305)-445-2900 FLORIDA (BOO) -448-0227 Sc 1 4. FL REGISTRATIONS: EB0005022 AAC002142 700 669 650 Prop. 6" Doubl Yellow (Typ. 670 Nx Prop. 6" N Double Yellow N x N N N Prop. 24674e (T 600 570 Prop. Amber RPMs 6 Total 0) 25' 0.0 551 550 541 Prop. 6" Double Yellow on Bridge Pavers SEE DETAIL "A" Prop. 6" Double Yellow (Typ.) Prop.6" Double Yellow (Typ.) 540 Prop. 24" White (Typ.) 481 N so - 490 N ► A N SEE DETAIL "8" T (yp) Prop. 6" Doubl Yellow (T ..) 4$0 Prop. 24" White REVISIONS DESCRIPTION 1. ADDENDUM # 1 4. DETAIL "8" 2/24/11 APPROVED BY: DATE: C3TS 1 460 CORED COMA CARBALLO 1HOIrIPSON SALNAN, P.A. ENGINEERS • ARCHITECTS • PLANNERS 001 PONCE DE LEON BLVD.. SUITE 000 CORAL CABLES. FLORIDA 331 34 MIAMI (305)-445-2900 FLORIDA (800)-448-0227 FL REGISTRATIONS EB0005022 AAC002142 440 DATE: DRAWN: 02-11-11 MM DESIGNED: SC CHECKED: SC QC: CADD FILE: Sc Scale: 1" >e 200' Prop. 6" Double Yellow Prop. Amber RPMs 10 Total C@ 40' 0.0 GGLER'S DETAIL"A N.T.S. COVE VILLAGE OF KEY BISCAYNE FLORIDA Prop. Amber RPMs 8 Total © 25' 0.0 ADDENDUM NO. 1 STRIPING PLAN MASHTA ISLAND ROADWAY RESURFACING SHEET NO. C3 3 OF 7 EXISTING MANHOLE RING & COVER TO BE RAISED 1" TO MATCH FINAL OVERLAY. Varies Sawcu t Exis tin g Rood Base (To Remain) NOTES: Sawcu t " Existing Road Base (To Remain) OA EXISTING ASPHALT TO BE REMOVED. SCARIFY TOP 4" OF EXISTING LIMEROCK BASE. BRING IN ADDITIONAL LIMEROCK AS REQUIRED TO LEVEL AND GRADE THE REPAIR AREA AS DIRECTED BY THE ENGINEER. COMPACT FINAL BASE TO 98% MODIFIED PROCTOR. PRIME AND PAVE 1" OVER ENTIRE REPAIR AREA TO MATCH EXISTING SURROUNDING ASPHALT FINAL 1" ASPHALT OVERLAY OVER ENTIRE WIDTH OF ROAD. (THIS IS BID ITEM R-1) ASPHALT REPAIR DETAIL N.TS. Sawcu t 4" Existing Road Base Sawcut 4" \ © Existing Road Base (To Remain) EXISTING MANHOLE TO REMAIN L L J SECTION NOTES: DA EXISTING ASPHALT TO BE REMOVED. SCARIFY TOP 4" OF EXISTING LIMEROCK BASE. BRING IN ADDITIONAL LIMEROCK AS REQUIRED TO LEVEL AND GRADE THE REPAIR AREA AS DIRECTED BY THE ENGINEER. COMPACT FINAL BASE TO 98% MODIFIED PROCTOR. PRIME AND PAVE 1" OVER ENTIRE REPAIR AREA TO MATCH EXISTING SURROUNDING ASPHALT. FINAL 1" ASPHALT OVERLAY OVER ENTIRE WIDTH OF ROAD. (THIS /S BID ITEM R-1) 6' SA WCUT & REMOVE EXISTING ASPHALT ASPHALT REPAIR DETAIL AROUND EXISTING MANHOLE N.TS. PLAN CONSTRUCTION DETAILS REVISIONS APPROVED BY: 4 CORZO CAS1ELLA CARBALLO TNOMPSON SAL�AN, P.A. ENGINEERS •ARCHITECTS •PLANNERS 901 PONCE DE LEON BLVD.. SUITE 900 CORAL GABLES. FLORIDA 33134 DATE: DRAWN: DESIGNED: CHECKED: QC: `'ADD FILE: 02-1 1-1 1 otIs/1,,if y~(It riftktJfl'` VILLAGE OF KEY BISCAYNE FLORIDA — MASHTA ISLAND ROADWAY RESURFACING o o SHEET NO. ��;;, 4 OF 7 DESCRIPTION DATE MM I1 SC SC Z DATE: 3• C3TS MIAMI (305)-445-2900 FLORIDA (800)-44B-0227 EB0005022 AACOO2142 SC 4 FL REGISTRATIONS MASIM POINT 776 7 STORM SEWER MANHOLE RIM ELEVATION• 4 50 INV.(S)=1 35 (15" CONC. PIPE) TOP OF SEDIMENT= -2.80 Match Existing Devotion CATCH BASIN RIM ELEVATION• 4 16 INV.(N)=1 61 (15" CONC. PIPE) TOP OF SEDIMENT= -0.44 11° 74:/ 7r , 745 '� , ro 7 , ' i6, ?`741 • • 713 . .t W 1x4 '31 { 726` `TO 770 ?50.'" / '10 `deb . ♦ X21 l/ —5 jy 1 7;0' R . zgp '701 CB� �' 't331 • es5 310 .. ?. ' 151 % i 0' :;;8l,1 9G1 Fao 620. ' Ss�1 690 • _ , g2t1r �3i --1.1./, , ; '971 ' / 85: , 1 ' 1,- 6s0 ' 6 '51 ' �0 './1°./16-1..)\.1:\:;17,7D'":(6-(1,01.)'#: 5,1 • 471 100 , ` . , 541' -' ,s0 ,1 ' 431 ' 343 .• - ' , .81 ,:520 • ,l' �` a. a- i 5;0 . 52• ,.800 i / ,••460 fj' • _ i 511 • • 5 , 1 4e`0 4?r0 325 i :r, 0 ,' \ s i �X 'c. 461 4i�0 . ,s, 461 •� 4C1 480 `1„f;,€„;-,: 480 )/,',1 :. '1 , '440 , , •Y 400 KIRK(' Mb Il.aFtlit )R Scale: 1" = 300' s1 J , ' S5' ` 540 301 4; " 481 ` r SkieGot 20 4.26 31 SOUTH MASHTA DRIVE Sawcu t 1 \4.38 4.4 1, Remove and Reset Existing Pavers on Sand Bose to Match New Final Edge of Pavement Elevation (Typ.) 73 n6 1. Any pavers damaged during removal/resetting shall be replaced in kind by Contractor. 2. Prior to final 1" overlay, Contractor shall mill, apply leveling course or remove existing asphalt, rework base and pave with new 1" asphalt within this area as needed, in order to achieve final elevations shown (when overlay applied). Final asphalt thickness shall be 2" (including overlay). bCo O cV Match Existing Elevation 0' 21 0 Scale: 1" = 20' 5 10 LEGEND En 7.00 PROPOSED FINAL ASPHALT ELEVATION SEE NOTE 2 FOR THIS AREA EXISTING CATCH BASIN EXISTING ELEVATION 5X Slope AT EDGE OF PAVEMENT O PROPOSED LONGITUDINAL SLOPE EXISTING SANITARY MANHOLE MASHTA ISLAND REGRADING 20 REVISIONS APPROVED BY: CORK CASTELLA CARBALLO THOMPSON SALMAN P.A. ' ENGINEERS •ARCHITECTS • PLANNERS 901 PONCE DE LEON BLVD., SUITE 900 CORAL GABLES, FLORIDA 339 34 DATE: DRAWN: DESIGNED: CH CHECKED: QC CADD FILE: 1 1-1 1 °b N`ix �wt ' -- ��c,s 4�` VILLAGE OF KEY BISCAYNE FLORIDA MASHTA ISLAND ROADWAY RESURFACING Pr) 1 i0 SHEET NO. G J 5 OF 7 DESCRIPTION DATE MM I 1. SC SC 1 ' DATE: i C3TS MIAMI (305)-445-2900 FLORIDA (800)-448-0227 FL REGISTRATIONS EBOOO5O22 AAC002'I42 SC , Scale: 1" = 30' 14.ASIlt':A 1'c jr,..1. 775 770 551 '5-55 5AO 5 A5 55 550 1 CATCH BASIN RIM ELEVATION 392 2 '5 FULL OF WATER TOP OF SEDIMENT= -4 52 Remove Asphalt and Repave os Needed to Match New Final Edge of Pavement Elevation (Typ.) Match to Existing Elevation. 565• '5 AA• 5 A2• 565. 5g1. AZB. NORTH MASHTA DRIVE Al 51 0a k1`) '5 - SLY.) 74: 6'20 SN' 7"' '.�a'• 4C . 72': , �; 713 to 41 731 , 7;.0 ,0. 750 . 121 710 • W211 ,pi ;-1 7:0 655 ' ' 30 -/..r, 701 . 66: ': 671.1671.10 f/j Z69 89G . 710 "T 1.111,114,10C.11,1P. 11/ %k10 )li X51 6.0 p11 704 ' gc1N 601 570 e.7. ,. 591 530 71 • 650 131 _i t/r `,(31 6e0 601'•, 57D 11, 651 (V4 . t:11 56(1 4 25 'S2 25 Scale. 1'• = 300' r`_� 5'1 F.20 561 a1 '4G1 61'x00 S5 �41 C 1r lwAr471 :,30 5.0 : 5•k'1 =) 401 4i0 •S4 '61 4C1 480 '134, �� 403 •1 440 4 20 400 2' I///i,/,/ ////\ 14(s //44'41''/' A6 THIS SHEET Sowcut (Typ.) 6.5 15 19 1 Remove and Reset Existing Pavers on Sand Base to Match New Final Edge of Pavement Elevation (Typ.)-A �Ex(ST+N�• i// „BMW PAYERS' // 4:// '/' 4 62 \ 4 68 9CD 9 95 4.74 LEGEND L=I III- ,il 4.80 4.85 / Remove and Reset xisting Pavers on Sand Bose to otch New Final Edge of Pavem Elevation (Typ.) ./, ` /,/// /, •4:90,/////` ///Z//..// ///\ 4 95 6.0 4.98 ,' 1. Any pavers damaged during removal/resetting shall be replaced in kind by Contractor. 2. Prior to final 1" overlay, Contractor shall mill, apply leveling course or remove existing asphalt, rework base and pave with new 1" asphalt within this area as needed, in order to achieve final elevations shown (when overlay applied). Final asphalt thickness shall be 2" (including overlay). 0 31 Match to Existing Elevation. 15 INi 7 00 E0299 Slope 0 SEE NOTE 2 FOR THIS AREA EXISTING CATCH BASIN EXISTING ELEVATION PROPOSED FINAL ASPHALT ELEVATION PROPOSED LONGITUDINAL SLOPE AT EDGE OF PAVEMENT EXISTING SANITARY MANHOLE 30 MASHTA ISLAND REGRADING REVISIONS DESCRIPTION DATE APPROVED BY: DATE: 1 C3TS CORLO CASTELLA CARBALLO THOMPSON SALMAN, P.A. ENGINEERS • ARCHITECTS • PLANNERS 901 PONCE DE LEON BLVD , SUITE 900 CORAL GABLES. FLORIDA 331 34 MIAMI (305)-445-2900 FLORIDA (800)-448-0227 FL REGISTRATIONS EE30005022 AACOO2142 DATE: DRAWN: DESIGNED: CHECKED: QC: rnnn FII F• 02-11-11 MM SC SC SC VILLAGE OF KEY BISCAYNE FLORIDA MASHTA ISLAND ROADWAY RESURFACING M 0 Do 0 SHEET NO. C6 6 OF 7 , 1 1 1 I1 11 11 11 II ----------------- r� • 1 !\ } \ 1 \ — / L' Required Milling Area (Typ.) MATCHLINE A -A Village Green / l II 1 II , \I IY \\ I II a 1, \\ r.11 I i1- Hi II 1 14 ii II r I1 r � li t li r 1, I h k II r,1I1 II I p �II II II I I�; fl 11 It il, ' iik ill j1171 ' I I 11 I II I ii 0 11 al 1. II II 11 I .* '�, II IIr 11 '\ II II �-'_ I1 1 !1 III II I \Y',, di1_,� U I 14 l 1) It Hl IJ 11 i {1 ►1 1 1' fi �II !!' Ir I I/ 11 ; —� ,. I '!,I 11 N I✓ ;1' 1 ,11 ,t � — 4j�r _T . — I �� — 1 / / / f / I I ' , I ! I' 1 II , II Existing Concrete or Pavers 1' Prop. Mill Area MILL AREA DETAIL N. \ Required Milling Area (Typ.) MATCHLINE A -A Repair No. Description Picture No. 24 4'x2' Edge Repair 24 25 1'x4' Edge Repair 25 26 3'x1' Edge Repair 26 27 1'x10' Edge Repair 27 28 4'x1' & 5'x1' Edge Repoir 28, 29 29 4'x4' Edge Repair 29 TOTAL AMOUNT OF ASPHALT REPAIR 50 SF NOTE: Edge repair requires sawcut and removal of asphalt, scarify/re—compact base, add limerock as needed, and place 1" asphalt prior to final 34" overlay NOTE: Mill 34" depth minimum 4' strip of asphalt path that is adjacent to all concrete or pavers. Mill strip shall extend minimum of 1' on each end of concrete or pavers. PATH OVERLAY PLAN REVISIONS APPROVED BY: CORM CASTELLA CARBALLO 1HOMPSON SALMAN, P.A. ENGINEERS -ARCHITECTS •PLANNERS MASHTA 901 PONCE DE LEON BLVD , SUITE 900 CORAL GABLES, FL ORIl7A 34 DATE: DRAWN: DESIGNED: CHECKED: QC: CADD FILE: 02_ _ a,� z t: r .. .._. 'xu1t" • VILLAGE OF KEY BISCAYNE FLORIDA ISLAND ROADWAY RESURFACING N o _ SHEET NO. �1'� 7 7 OF 7 DESCRIPTION DATE MM 1. SC 2. DATE: SC 3, C3TS MIAMI (305)-445-2900 FLORIDA (BOO) -44383-10227 SC 4 I -L REGISTRATIONS• EB0005022 AAC002142 LE 'IPES tx a° CATCH BASIN RIM ELEVATION 3 3 INV(S)=098 (1 CONC. PIPE) INV(N)=101 (1 CONC PIPE) INV (E)-1 88 (8 CONC PIPE) TOP OF SEDIM T=-0 77 tx- Scale: 1" = 300' 41,ti3t11 A POIT "7g (')a. Ik tflP CATCH BASIN bP 5'• a Remove Asphalt and Repave as Needed to Match New Final Edge of Pavement Elevation (Typ) rk Match to Existing Elevation. koNORTII 620 Remove Asphalt and Repave os Needed to Match New Final Edge of Pavement Elevation (Typ.) • 800 - 74a 75 745. :;S' 74C r 72!„,. titIRKf('AyM 1 Tt4 44.!•"•741 ' 718 i Mw 791 720 ' 1171RP(3k 770 , 769 . 721;••._ 710 , " 698, '/730/4:4' , 7"/ `X •! a THIS SHEET ;p' '►91 , 65D 720 l')i '10`,x: 0150, . / 6 i 7.1C'100 '4`, . es1 -.340. ell , 570 ,• • b:1 (i • e0i \\ 581 gg0,' ‘ ' t•�„'s 81 - < .•' 5,71 650 `' 'E1,1 \Bx ...a7: r' . 61 ` 6�0 601'�'87,'�#4 551 '63 .t'- '590 0 / - ' '�'�' �• 8X •' • '041 ./WO,` • 511 501 <@1 `iii:),...?` ..'w•-} 540. �' 4Y1 , / 800 541 k' Ay ' . 491 549 . ' ,�.,.1 520 - . "1'� , f f L31 530 ` ; 52• too.) 420 I+.. 4 511 , ;f f,2. . 1484 4, 520 V0,. I 540- 50C 1". " 4t31 , 470 • • 4;,• 4a3i 4D1 i , 4e0 tea a`Q 420 4C0 4.42 4.45 4.45 \4.;4' 571 4.28 4.51 4.48 560 Cr�ti`li 611 610 Remove and Reset Existing Pavers on Sond Bose to Match New Final Edge of Pavement Elevation (Typ) '47-' ;',4 9 /4.30; Remove and Reset Existing Tile to Match New Final Edge of Pavement Elevation (Typ.) 4.54 4.57 ighpoin t 4.49 4.52 c' • % , 4.56 Remove and Reset Existing Pavers on Sond Bose to Match New Final Edge of Pavement Elevation (Typ.) Remove and Reset Existing Pavers on Sand Bose to Match New Final Edge of Pavement Elevation (Typ.) • 4.41 4.40 Remove and Reset xisting Pavers on Sand Base to Match New Final Edge of Pavement Elevation (Typ.) „4:52„„ •, • %„' 561 tfo 4.10 i• 601 4.64 4.66 Highpoin t Remove and Reset Existing Pavers on Sond Bose to Match New Final Edge of Pavement Elevation (Typ.) 4.38 4.35 1. Any pavers damaged during removal/resetting shall be replaced in kind by Contractor. 2. Prior to final 1" overlay, Contractor shall mill, apply leveling course or remove existing asphalt, rework base and pave with new 1" asphalt within this area as needed, in order to achieve final elevations shown (when overlay applied. Final asphalt thickness shall be 2" (including overlay. 570 Remove and Reset Existing Pavers on Sand Bose to Match New Final Edge of Pavement Elevation (Typ ) f� LEGEND SEE NOTE 2 FOR THIS AREA fig EXISTING CATCH BASIN <5h EXISTING ELEVATION 7.00 0.29% Slope PROPOSED FINAL ASPHALT ELEVATION PROPOSED LONGITUDINAL SLOPE AT EDGE OF PAVEMENT EXISTING SANITARY MANHOLE , 600 Remove and Reset Existing Pavers on Sand Bose to Match New Final 551 Edge of Pavement Elevation (Typ.) a• 62' 4.35 4.',6:6';','' 1.', 'y.,, 591 Scale: 1" = 30' 0 Remove Asphalt and Repave os Needed to Match New Final Edge of Pavement Elevation (Typ.)7 • ; 4.33 15 4.32 . ,.",,',-4;. 0 4.54 540 570 511 MATCH LINE A -A 53( 30 ADDENDUM NO. 1 MASHTA ISLAND REGRADING REVISIONS DESCRIPTION DATE 1. ADDENDUM # 1 2. 3. 4. 2/24/11 APPROVED BY: DATE: 1 C3TS CORLO CASTELLA CARBALLO THOMPSON SALMAN, P.A, ENGINEERS • ARCHITECTS • PLANNERS 901 PONCE OE LEON BLVD , SUITE 900 CORAL GABLES, FLORIDA 331 34 MIAMI (305)-445-2900 FLORIDA (800)-448-0227 FL REGISTRATIONS E80005022 AAC002142 DATE: DRAWN: 02-11-11 MM DESIGNED: SC CHECKED: SC QC: CADD FILE: SC VILLAGE OF KEY BISCAYNE FLORIDA MASHTA ISLAND ROADWAY RESURFACING M N 0 SHEET NO. C8 7 OF 7 APPENDIX B PHOTOS OF PROJECT MASHTA ISLAND Repair #1 Picture No. 1 Repair #2 Picture No. 2 Repair #3 Picture No. 3 Repair #4 Picture No. 4 Repair #5 Picture No. 5A Repair #5 Picture No. 5B Repair #8 Picture No. 8 Repair #9 Picture No. 9 Repair #10 Picture No. 10 Repair #11 Picture No. 11 Repair #12 Picture No. 12 Repair #13 Picture No. 13 Repair #14 Picture No. 14 Repair #15 Picture No. 15 Repair #16 Picture No. 16 Repair #17 Picture No. 17 Repair #18 Picture No. 18 Repair #19 Picture No. 19 Repair #20 Picture No. 20 Repair #21 Picture No. 21 Repair #22 Picture No. 22A Repair #22 Picture No. 22B Repair #22 Picture No. 22C Repair #23 Picture No. 23 Repair #26 Picture No. 26 Repair #27 Picture No. 27 Repair #29 Picture No. 30