Loading...
HomeMy Public PortalAbout2010 Agreement for construction and rehabilitation of Drainage Wells.tifRESOLUTION NO. 2010-9 A CAPITAL PROJECT RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AWARDING CONSTRUCTION CONTRACT FOR REHABILITATION OF DRAINAGE WELLS TO JAFFER WELL DRILLING, INC. (THE "CONTRACTOR"); AUTHORIZING THE PROJECT AND EXPENDITURE OF FUNDS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR EFFECTIVE DATE. WHEREAS, pursuant to a public bidding process, the Village of Key Biscayne (the "Village") has sought bids for the construction and rehabilitation of drainage wells in the Village (the "Project"); and WHEREAS, the Village Manager has caused the four (4) bids which were submitted for the Project to be reviewed for the Village by the firm of Corzo Castella Carballo Thompson Salman, P.A. ("C3TS"); and WHEREAS, C3TS has reviewed the bids and has recommended that the Project be awarded to the lowest, responsible, responsive bidder, to wit: Jaffer Well Drilling, Inc. (the "Contractor") in the amount of Two Hundred Seventy Nine Thousand Nine Hundred and 00/100 Dollars ($279,900.00); and WHEREAS, the Village Council finds that it is in the best interest of the Village to proceed as indicated in this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted and confirmed. Section 2. Capital Project Authorizing Resolution. That pursuant to Village Charter Section 3.07(b), this Resolution shall constitute a Capital Project Authorizing Resolution. The Capital Project is the implementation of the above described Project at a cost not to exceed Two Hundred Seventy Nine Thousand Nine Hundred and 00/100 Dollars ($279,900.00). Section 3. Project Authorized; Authorization of Expenditure. A. That the Project is hereby authorized. The Project is further described in the Project's engineering plans, a copy of which are on file with the Village Clerk. B. That the Village Council hereby authorizes the Village Manager to expend funds for the completion of the Project for a cost which is consistent with this Resolution, to be funded from the funding source which is identified in the Village Manager's memorandum which accompanies this Resolution. C. That the Village Manager is hereby authorized to execute the necessary agreements, purchase orders, and related Project documents, once approved by the Village Attorney as to form and legal sufficiency. Section 4. Implementation. That the Village Manager is authorized to take any action which is necessary to implement the Project and the purposes of this Resolution. Section 5. Effective Date. That this Resolution shall be effective immediately upon adoption hereof. PASSED AND ADOPTED this 16th day of March , 2010. 2 VILLAGE ATTORNEY MAYOR ROBERT L. VERNON ATTEST: CONCHITA H. ALVAREZ, MMC, VILLAGE CL APPROVED AS TO FORM AND LEGAL SUFFIC 3 MEMORANDUM VILLAGE OF KEY BISCAYNE Office of the Village Manager Village Council Robert L. Vernon, Mayor Enrique Garcia, Vice Mayor DATE: March 10, 2010 Michael W. Davey Robert Gusman Michael E. Kelly TO: Honorable Mayor and Members of the Vil •e Coun Jorge E. Mendia Thomas Thornton FROM: Genaro "Chip" Iglesias, Village Man Village Manager RE: AWARD REHABILITATION OF DRAINAGE WELL Genaro "Chip" Iglesias RECOMMENDATION It is recommended that the Village Council award the construction contract for the Rehabilitation of Drainage Wells to Jaffer Well Drilling. BACKGROUND Notice of Bid Invitation was published on February 3, 2010. A mandatory pre -bid conference was held on February 22, 2010. Four bids were received and opened on March 8, 2010. The references, sub -contractors, licenses and registrations were checked for all the bidders. The lowest responsible responsive bidder was Jaffer Well Drilling, with a bid amount of $279,900.00. This is a cost -share project with funding coming from South Florida Water Management District in the amount of $84,644.00 and the difference ($195,256) will be funded by the Village FY2010 Capital Improvements Plan "CIP". The bid amount ($279,900) exceeded our preliminary estimate ($225,000); therefore, this project will be funded in this manner: $84,644 South Florida Water Management District $140,356 CIP funds allocated to Rehabilitation of Drainage Wells $54,900 CIP surplus funds allocated to Ocean Lane Pump Station Upgrade $279,900 Total Proiect Cost 88 West McIntyre Street • Suite 210 • Key Biscayne, Florida 33149 • (305) 365-5500 • Fax (305) 365-89: MISSION STATEMENT: "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT." www.keybiscayne.fl.gov PROJECT MANUAL FOR REHABILITATION OF DRAINAGE WELLS VILLAGE OF KEY BISCAYNE Mayor: Vice Mayor: Councilmembers: Village Manager: Village Attorney: Village Clerk: Robert L. Vernon Michael Davey Enrique Garcia Robert Gusman Michael E. Kelly Jorge E. Mendia Thomas Thornton Genaro "Chip" Iglesias Weiss, Serota, Helfman et al. Conchita H. Alvarez, MMC February, 2010 C3TS Project No.: 01108-023.0002 III 1111111 NOE CORZO CASTELLA CARBALLO THOiMPSON SALMAN 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 01505 CONTROL OF WORK 01550 01560 MAINTENANCE OF TRAFFIC TEMPORARY CONTROLS TC - 1 1108-023.0002 Section Description 01640 PRODUCT HANDLING 01700 CONTRACT CLOSEOUT DIVISION 2 - SITE WORK 02738 DRAINAGE WELL REHABILITATION APPENDIX A DRAINAGE WELL LOCATION MAP APPENDIX B TABLE A — CONDITION OF DRAINAGE WELLS APPENDIX C TABLE B — DRAINAGE WELLS, SCHEDULE OF WORK APPENDIX D WELL INSPECTION REPORT TC - 2 1108-023.0002 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 8, 2010 at the Village Clerk's office, Village of Key Biscayne Village Hall, 88 W. McIntyre Street, Key Biscayne, Florida 33149, for the following project: REHABILITATION OF DRAINAGE WELLS The project involves the rehabilitation of twenty-six (26) existing gravity drainage wells. The rehabilitation work includes removal of silt and redevelopment of the open -hole portion, as indicated in Appendix C. Bids will be opened publicly at or shortly after 2:05 P.M. on March 8, 2010, at the Village of Key Biscayne Village Hall, 88 W. McIntyre Street, Key Biscayne, Florida 33149. Bid documents may be obtained on or after February 5, 2010 from Village Clerk at the Village of Key Biscayne Village Hall, 88 W. McIntyre Street, Key Biscayne, Florida 33149. 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, 88 W. McIntyre Street, Key Biscayne, Florida 33149, at 10:00 A.M. local time on February 22, 2010. 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 01108-023.0002 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, 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 Friday, February 26, 2010, 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 8th, 2010, 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. The Village however, reserves the right to reject any or all bids. 00200-1 01108-023.0002 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 drainage rehabilitation project is such, that the company performing the rehabilitation work shall be skilled and qualified to complete the work. Contractor must demonstrate a minimum of 5 years relevant experience in the rehabilitation of large diameter drainage wells. 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 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. 00200-2 01108-023.0002 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. Permits & permit fees required by other agencies are the Contractor's responsibility. 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 fumishing 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: 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. 00200-3 01108-023.0002 19. DEFINITIONS Terms used in the "Instructions To Bidders" shall be as defined in the General Conditions. END OF SECTION 00200-4 01108-023.0002 SECTION 00300 PROPOSAL REHABILITATION OF DRAINAGE WELLS 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 01108-023.0002 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. PO 3 00 CO Art // Bidders Occupational License No. b f f /0 -.- Acknowledgment is hereby made of the following Addenda received since issuance of the Project Manual: Addendum No. i Dated: Sh1%i, 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 !� ,OF 4-,uow/r Do!iars ), made payable to the Village of Key Biscayne, Florida. SiFF iz £4l( 7 ;(1; .�4.';s;dr 01 4-e Sci /k L.S. (Name of Bidder) (Affix Seal) S ature of Officer (Ze5 / cip &) (Title of Officer) Address: / 6---/ (d L.S. L.S. City: ,(.�lGf fiavl �G State: t ,4 ► f) A 00300-2 01108-023.0002 MIAMI-DADE COUNTY TAX COLLECTOR 140 W. FLAGLER ST. 1st FLOOR MIAMI, FL 33130 2009 LOCAL BUSINESS TAX RECEIPT 2010 MIAMI-DADE COUNTY -STATE OF FLORIDA EXPIRES SEPT. 30, 2010 MUST BE DISPLAYED AT PLACE OF BUSINESS PURSUANT TO COUNTY CODE CHAPTER 8A - ART. 9 & 10 638727 -8 THIS IS NOT A BILL. - DO NOT PAY RENEWAL LLINGBusMeglinciffil NG 1451 SE 9 CT 33010 HIALEAH OC SCHULTES OF FLORIDA INC Sec vvUWwm ge SPECIALTY PLUMBING CONTRACTOR THIS IS ONLY A LOCAL BUSINESS TAX RECEIPT. IT DOES NOT PERMIT THE HOLDER TO VIOLATE ANY EXISTING REGULATORY OR ZONING LAWS OF THE COUNTY OR CITIES. NOR DOES IT EXEMPT THE HOLDER FROM ANY OTHER PERMIT OR LICENSE REQUIRED BY LAW. THIS IS NOT A CERTIFICATION OF THE HOLDER'S QUALIFICA- TIONS. PAYMENT RECEIVED MIAMI -DADS COUNTY TAX COLLECTOR: 08/03/2009 60030000486 000079.50 SEE OTHER SIDE STATEECWD&89377 WORKER/S 20 DO NOT FORWARD JAFFER WELL DRILLING JOHN T OBRIEN 1451 SE 9 CT HIALEAH FL 33010 Ill�t{{i��ff{►1IfiIlllllili1 I l Illtill�Itl,illllltllIJIrITII City of Hialeah Business Tax Receipt Mayor Julio Robaina FIRST-CLAS: U.S. POSTAG PAID MIAMI, FL PERMIT NO. 2: 665510-5 2009-10 237110-15 No: , (OLD -1781-10) Amount: $ 150.00 The person, firm or corp. listed here has paid the business tax required to engage in or operate the business specified subject to the regulations and restrictions of the City of Hialeah, Florida Owner. JOHN OBRIEN Type ofBusiness: Water and Sewer Line and Related Structures Construction JAFFER WELL DRILLING 1451 SE 9 CT HIALEAH, FL 33010 Validating No.: 0000 THIS IS NOT A BILL Business Location: 1451 SE 9 CT Expires September 30, 2010 The full names and residences of persons and firms interested in the foregoing bid, as principals, are as follows: /lc pct. (J'ttLk4' sok4lxlde-s Disciosou 40,674,..4du- Name of the executive who will give personal attention to the work: .3 -0 -he 00300-3 01108-023.0002 A.C. SCHULTES OF FLORIDA, INC. STOCKHOLDER DISCLOSURE STATEMENT The undersigned states that the names and addresses of all persons owning a 10 percent or greater interest therein in this proposal are as follows: 12-1/ 2% August C. Schultes, IV 5 Trafalger Court 09-28-70 149-58-7901 Sewell, NJ 08080 12-1/ 2% Peter W. Schultes 18% Mark Alsentzer 12% Edward A. Schultes 12% Richard J. Schultes 12% James F. Schultes, Jr. 21% Gary Ziegler 206 Monroe Ave. 12-19-72 149-58-9984 Mantua, NJ 08051 604 Creek Road Flowertown, PA 19031 Pitman -Downer Rd. 01-10-51 140-46-6580 Box 181 Sewell, NJ 08080 Pitman -Downer Rd 07-26-52 157-44-4251 Box 174 Sewell, NJ 08080 755 Maegus Dr. 04-06-54 136-42-2751 Woodbury, NJ 08096 24 Bedford Terrace 06-28-54 156-36-4054 Turnersville, NJ 08012 A CORPORATION IN THE STATE OF FLORIDA. 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 %ro ..S? h c d n; /-a t3 r_ 4d s co i +// b_e ri Se4 00300-4 01108-023.0002 Title: REHABILITATION OF DRAINAGE WELLS Village of Key Biscayne, Florida C3TS Project No. 01108-023.0002 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 0-1 D-2 0-3 D-4 D-5 3-1 G-2 -3 G-4 DESCRIPTION Clean -out all sand, silt, and debris from 28 drainage wells Re -develop and test 28 drainage wells Furnish & install new grate and modify well as needed to install grate Furnish & install new manhole frame and cover including bricks, grout and restoration Furnish & install new manhole cover to read "Drainage Well" Mobilization Maintenance of Traffic including traffic control, pedestrian and vehicular access, signs, barricades and flaggers, and off -duty police officer, as required by Engineer and/ or Village Performance and Payment Bond Contingency GRAND TOTAL IN FIGURES: QUANTITY 28 28 2 2 3 1 1 1 1 UNIT EA. EA. EA. EA. EA. L.S. L.S. $ hi cea (J $ f d po. ()0 UNIT PRICE AMOUNT s sIdl000 $ /06,,'oo. c) a $71900. c;IV $/122, 2v0- O® $ tivae0 $ fed ad $f o-cY $ 3/6woe' $ .1 OO 41° $.1 tt Od $V0ie7IP.cN gCedt("FO.Ot7 L.S. $3,000• $ 3OO•0d L.S. $ 10.000 $ /0, c oe. OO $ 7f foe. 0d RAND TOTAL WRITTEN: 1. -WO 6I(,) t)N1 1 4) 7 -7tJ,) , A,J 1%1 4/d(e de 114 a/✓4 co/ o l) BIDDER: Niaea 100 '-at///i,16 Cf ttii/r/Z7) ej /OSA Td41,) Pr‘).57 (2,� s „lephone: , O r- 5 7(t - 736 Fax: 30c _57 3 tf7// 00300-5 01180-023.0002 NON -COLLUSION AFFIDAVIT STATE OF ie/Li:j /4 COUNTY OF says that: ("Affiant"), being first duly sworn, deposes and fp f e t (GL?e1( 1)(;11;0-- a cl: des 1. Affiant is Ptiee;1' e A-4 of P )J -es P. (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 anyway 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. Title: R': � Subscribed and sworn before me this s 74`k day of ttiv , 20�, by ,,'j?kt i 1 . Oi PA.te/vx ,Gho is personally known to me or has produced as identification. v% MARIA C. LACO ": MY COMMISSION # D0037465 • EXPIRES November 02 2013 N071398.0153 FlondallotaryServ1ce corn (Corporate Ses:) )) Notary Public A -/k A/4 1-4,7 Print Name My commission expires: ttiOd , -2/3 00300-6 01108-023.0002 SECTION 00350 CONTRACTOR'S QUESTIONNAIRE Submitted to: The Mayor and Village Commission of the Village of Key Biscayne, Florida: By SKea- alb— a 6. J,s;c*1/1 oc h 0 d1L1L c R, -T-73c Principal Office jif'Cl SC q' r I4-i (pa k `”o1 v How many years has your organization been in business as a General Contractor under your present business name? 7 ease 5 Does your organization have current occupational licenses entitling it to do the work contemplated in this Contract? ye S State of Florida Occupational License (State type wid number): 1,0a Wa4 e t f r 3 7,(2 Federal I.D. No: 157 /1 g Miami -Dade County Certificate of Competency (State type and number): /0/4- - .9ra Cee171466 Village of Key Biscayne Occupation9I License (State type and number): for Q c ---Q i. i t f1m)cOat 001-tf Cam' H S C Please include copies of above licenses and certifications with proposal. How many years experience in similar work has your organization had? (A) (B) As a General Contractor g cj9aILS As a Sub -Contractor $' lj PGi /2-C (C) What contracts has your organization completed? State below: Contract Amount Class of Work 82deve f,p -r s r kJ& 6-ri oo .cam '7 ota6kivi u,'Lf l/s a' a- L'e(to i 4 7V5 ti'6 ID, J00 -DC OF l DitAii%ayr- h• )15- , foe od 46.1divelor 04,47.a.ye Li; Eas When Completed col .2o 7 -4L-;cit) Name & Address of Owner n,um r Dade Go, 66 -opal - Min) A), X i ,& Ain't ' , IWOYYZ 33(:-??' The &le 'd 42e1(-12 O/ , /6Yr/ '2.d%ad4 ihiand t . "3/35 00astW ('cd.4oi�/4mis,•Vree &tS(2 13414 44.4tt. 171;62,01(' 1 t -c... 3 How many years has your organization had in the actual rehabilitation of large diameter drainage wells. years List the detailed experience below: 00350-1 01108-023.0002 CDL CLASS B -5432-292-79-380.0 j GREGORYt SCHUL%ES .. • • 4457,SOTH AVE ciR•E PALMEflO FL34221.$117 �nb:` � . • t r979 = ii -444 oT 1O :, 5 . . ,, 1 ORGAN DOM* .s '•1::4;7-,. c,4 tz-. K700809240010 motor > ," _' ' ,- --< . r Operation of a otor week, eonstkutes consent to any Ny sobrl test rspdrid by law. 07/06/2009 16:15 8137413170 A C SCHLLTES PAGE 02 ater e est Florida Water Certifies GREGORY 5 N DULY LICENSED CTOR IN THE STA SE NUMBER: sin July 31, 2011 c Well Construction Regulation Expiration Date Regulation Performance Management Department Name & tel. number of Owner Project Name Date completed /4»2j?) (16. 4 t (25 MI' 'Z! - 2,-() 5o,, PoWie P14 .Ji /1.1 ZOO Sli-prk)Fali) S 95-.L/.09-9641 p :-f" i yet 6 d e J sot(' Bad- 2 Eh -lice -7)11 301.- '2- 60f k ��i1)&)> 6a4C11 6 (Z400? 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? ,4JQ If so, state name of individual, name of owner, and reason thereof: In what other lines of business are you financially interested or engaged? 1UD N6 Give references as to experience, ability and financial standing. () por What equipment do you own that is available for the proposed work and where is it located? Q.tbLe/Lid Q Ctiatrynuiw#" 00350-2 01108-023.0002 Financial Statement: ztz:a_e4_/ (244i/4261 What Bank or Banks have you arranged to do business with during the course of the Contract should it be awarded to you? aVetr.kei iSt,L.‘/LL I hereby certify that the above answers are true and correct. - FFC2. /I iI D44v6-, a .a v,sroft,° okr- Name of Bidder: ke C-41-44 r kf e'' (Affix Seal) Signature of Officer: �f.- 9 .,1 7: - ( Title of Officer: / tC"63i,t t END OF SECTION 00350-3 01108-023.0002 STATEMENT OF QUALIFICATIONS For over eighty seven (87) years, A. C. Schultes has provided a full range of water and wastewater services to municipal, private, commercial, industrial accounts, engineering firms, other contractors, as well as, local, state and federal agencies. Our six (6) facilities are located in Woodbury, New Jersey; Thorofare, New Jersey; Bridgeville, Delaware, Edgewater, Maryland, Wallace, North Carolina and Gibsonton, Florida A. C. Schultes serves a client base stretching from New York State to Florida. . A. C. Schultes was founded in 1921, and is one of the largest industrial and municipal water well drilling and service companies in the Mid -Atlantic Region. A. C. Schultes has maintained that leadership in the industrial and municipal water supply and treatment area, and has significantly expanded our services for environmental drilling and treatment of contaminated groundwater. In 1978, A. C. Schultes purchased Delmarva Drilling Company of Bridgeville, Delaware and in 1993, A. C. Schultes purchased C.Z. Enterprises of Edgewater, Maryland, in order to expand our geographic service area. In 1993, A. C. Schultes acquired the assets, equipment and staff of the former H.M. Davis, Inc. company of Bridgeton, New Jersey. This acquisition adds an in-house capability for electric motor and drive repair to our varied capabilities. In 1994, A. C. Schultes moved the repair shop to Thorofare, New Jersey. This move allowed A. C. Schultes to upgrade and expand the Motor and Pump Shop to repair all types of pumps and motors in a newly renovated 40,000 square foot facility In 1999 A.C. Schultes established A.C. Schultes of Carolina, Inc. to service the North and South Carolina area. In 2003 A.C. Schultes of Florida was established further expanding our service area. A. C. Schultes employs approximately one hundred (100) people. Forty (40) are office and shop forces and sixty (60) are field personnel. The field forces represent years of drilling, pump and other water related services. These experienced field personnel are supervised and supported by a team of engineers with registrations in New York, New Jersey, Delaware, Maryland and Pennsylvania. This combination of experienced personnel, professional training, and supervision enables A. C. Schultes to perform efficiently and professionally. A. C. Schultes provides 24 -hour emergency sales and service on all types of water and wastewater pumps, motors and treatment equipment. Society is very aware of the escalating need for environmental action. For more than 30 years, A. C. Schultes has been providing the expertise necessary in the field of environmental services. All of our field crews are fully OSHA trained and medically monitored. We have a wide range of advanced drilling equipment available that enables us to utilize a variety of different drilling techniques to complete our projects. A. C. Schultes maintains a comprehensive insurance and bonding package to meet the strict demands in the water, wastewater, and environmental service fields. Pollution Liability insurance is also available upon request. A. C. Schultes is an established leader with a diverse customer base. Our clients call on us with confidence whenever they are in need of service. We maintain a fully qualified technical staff that is prepared to answer any questions that you may have. Our goal is to provide the highest quality service available in the industry today. No job is too difficult for A. C. Schultes to tackle successfully. I. Drilling Services A. Large diameter reverse circulation industrial and municipal water supply wells - expert design and construction of wells ranging in diameters up to 48 inches and depths exceeding 4000 feet. B. Geologic probe holes and aquifer test well programs - state of the art pressure sensors with computer back up are used to make critical water level measurements needed to determine aquifer characteristics. C. Recharge and injection wells - leader in the design and construction of these types of wells to allow for additional storage capabilities. D. Groundwater monitoring and recovery well construction - experienced drill crews are fully OSHA trained and medically monitored. Specialized drilling and coring equipment for all types of conditions. E. Well rehabilitation - both mechanical and chemical techniques are used to restore wells to their original yield. F. Specialty equipment - borehole geophysics, down hole flowmeter, downhole closed circuit color television, hermit data loggers, hydro -punch samplers, high pressure inflatable packers, caliper logger and other specialized and custom fabricated equipment is available. II. Pumping Equipment A. Stocking distributor of Flowserve vertical turbine and submersible well pumps - a complete stock of pumps and motors up to 200 horsepower is maintained. B. Pumping equipment design - service crews are on call 24 hours per day, seven (7) days a week. C. Machine shop operations - pumps retrofitted and maintained. Complete fabrication facilities for all types of filters, tanks and related equipment. III. Electric Motor Repair, Sales and Services A. Complete rewind capabilities of up to 1000 horsepower including AC and DC motors, gear drives, and submersible motors with 24 hour service. B. New motor sales. C. On -site services. IV. Water and Wastewater Treatment A. Industrial and municipal water treatment - plants with capacities up to five (5) million gallons per day have been built utilizing a wide variety of treatment techniques. B. Wastewater treatment plant construction, repair and maintenance - A. C. Schultes can supply, repair and maintain comminutors, clarifiers, trickling filters, blowers, gear drive units, screw pumps, grinder units, rotating biological contactors, and control equipment. Service crews are available on an around -the - clock basis. SECTION III EXPERIENCE POTABLE WELLS/TEST WELLS A. C. Schultes, Inc. successfully completed the construction of three (3) 24" x 16" diameter Raritan formation wells for Manchester Township, New Jersey. Utilizing our largest drilling rig which is capable of drilling reverse circulation and mud rotary, each well was constructed to a depth of approximately 1400 feet. A. C. Schultes, Inc. was contracted to construct a deep Potomac-Raritan-Magothy formation well for New Jersey American Water Company located in Brick Township, New Jersey. The well was designed as a triple cased 24" x 18" x 12" diameter well with a final depth exceeding 2000' deep. Drilling was performed by the reverse circulation method utilizing our largest drilling rig. A. C. Schultes, Inc. successfully completed the drilling and construction of a 20" x 14" diameter well to a depth of 500' for New Jersey -American Water Company located in Haddon Township, New Jersey. Drilling was performed by the reverse rotary method utilizing our Failing 1250 drilling rig. In the early 1960's, A. C. Schultes, Inc. drilled and constructed an 8" x 6" diameter production well to a depth of 3000 feet at Island Beach State Park located on Long Beach Island, New Jersey. This project was state funded and was designed to support the potable drinking requirements for the Island Beach Park community. A. C. Schultes of Maryland, Inc. successfully completed the largest production well in the state of Maryland for Anne Arundel County. The well was 24" x 12" diameter to a depth of 1100'. The well was successfully test pumped at 3000 GPM. A 250 horsepower pump was installed in the well capable of pumping 2500 GPM. The well was constructed utilizing reverse circulation as the drilling method. A. C. Schultes of Maryland, Inc. completed the installation of five (5) 8" x 600' deep production wells including pumps and piping at Patuxent Naval Air Station. This was part of a large contract to rehabilitate the base water supply system. A. C. Schultes, Inc. successfully completed two (2) 20" x 10" diameter replacement production wells to depths of 1,180' and 1,250' each for the Hempstead Water District on Long Island, New York. The required production rates for the wells exceeded the specified capacity by 50 percent. A.C. Schultes, Inc. completed a new well and pump house in Egg Harbor City, New Jersey. The new well is 16" x 10" x 450' deep with a yield of 600 GPM. The well house is 150 square feet with standard block construction. SELECTED POTABLE WATER WELL EXPERIENCE CLIENT DESCRIPTION DATE State of NJ Geological Service Installation of (6) deep observation wells in the Costal Plain of varying depths from 400' to 1600' deep 1996-97 City of Cape May, NJ Wells #6 and #7. Drilled and constructed (2) Fiberglass 18" x 12" double cased well to approximately 700' 1997- 1999 Lakehurst, NJ Drilled and constructed (1) 18" x 12" x 1000' production well and (1) 16" x 10" x 1000' production well 1999 Borough of Ship Bottom Completed emergency 16" x 10 x 500' well, installed new discharge piping and extended electric from the old well 2003 Borough of Point Pleasant Completed 18" x 12" x 1200' production well 2003 Township of Lower Drilled and constructed (1) 18" x 12" x 8" x 308' production Well #7 2004 Sea Isle City Drilled and constructed replacement Well #8 2005 New Jersey American Water Replacement of Well #19 Lakeland Avenue, Delran 2006 Penns Grove Water Co Drilled and constructed replacement Well #11 2007 City of Wildwood Drilled and constructed replacement Well #48 2007 New Jersey American Water Drilled and constructed Old Orchard Wells #36 and #37 2007 SELECTED TEST WELL EXPERIENCE Client Description Date GPM Associates, Inc. Test Well No. 8 in Burlington Township 1999 Cherry Hill, NJ Lakewood Twp., NJ (2) 24" x 18" Test Wells 2000 Monroe Twp. MUA Construct Test Wells — Piney Point 2000 Monroe Twp. MUA (South) (2) 8" x 110' Test Wells 2000 New Jersey American Water Co Test Wells Canoe Brook Station 2000 Haddon Heights, NJ United Water Matchaponix ASR Well No. 1 2001 GPM Associates, Inc. Burlington Township Well No. 8 Testing Program 2001 Cherry Hill, NJ Long Beach Township of 20" x 16" x 10" x 600' Test Well 2001 United Water Delaware 8" x 700' Test Well 2001 A.C. Wagner Correctional Facility 12" x 8" x 390' Test Well No. 6 2002 SELECTED WELL SEALING EXPERIENCE Client Description Date Duhemal Water Company, NJ Seal 25+ Monitoring Wells 2001 NJ American Water Seal Haddon Heights, NJ Well #14 2001 Spring Lake Heights, NJ Double Cased Production Well Abandonment 2003 Point Pleasant Beach, NJ Double Cased Production Well Abandonment 2007 Ciba Specialties, NJ Sealed 30+ Remediation Wells 2007 Lakehurst Naval Air Station, NJ Sealed (11) Monitoring Wells 2008 PUMPS AND WELL REHABILITATION A. C. Schultes operates a minimum of seven (7) pump trucks on a daily basis to service and install new and rehabilitated pumping equipment for a wide range of customers. As a stocking distributor for Flowserve Vertical turbine pumps, A. C. Schultes can provide immediate 24 -hour service to repair or replace any type of vertical turbine unit. Our full scale machine shop also has the capabilities to repair other types of pumping units including centrifugal, split cased horizontal, diaphragm, submersible, progressive cavity, etc. For the City of Wilmington, Delaware, A. C. Schultes, Inc. repaired their sewage lift pumps capable of producing up to 10,000 gallons per minute. For the former Philadelphia Naval Shipyard, we serviced and repaired the river intake pumps. In addition, for the City of Bowie, Maryland, we installed a submersible pump to a depth of approximately 500', the deepest in the State of Maryland. We also provide daily well rehabilitation services utilizing our five (5) cable tool well workover rigs. Our unique walking beam method of redevelopment enables us to restore existing well capacities back to their original yields. Subsequently the life of the well is extended, thus reducing the overall operational cost for the customer. Our service network includes all types of municipal, industrial, commercial, recovery and irrigation type wells. A. C. Schultes provides preventative maintenance services for clients such as the City of Perth Amboy, Medford Township, Old Bridge Township and City of Merchantviile, in New Jersey; Anne Arundel County, Universal Foods and Nevemar in Maryland; and City of Dover, Townsends Inc., and Aliens Foods, Inc. in Delaware. In addition, A. C. Schultes provided well rehabilitation and preventative maintenance services to a variety of golf courses in these states as well. Utilizing our portable rotary cable rig, A. C. Schultes successfully completed redrilling services of various production wells for New Jersey American Water Company, the former Plainview Water District, and the City of Keyport. These wells are now able to operate efficiently and productively. SELECTED PUMPS AND WELL REHABILITATION SERVICES CLIENT DESCRIPTION DATE NJ American Water Company Installation of various pumping units at various locations Present City of Wilmington, DE Removal, repairs and reinstallation of various Peerless, DeLaval, Worthington & Patterson high service pumps ranging in capacities from 1800 -GPM to 10500 -GPM. Project Engineer: Whitman Requart & Assoc. Baltimore, MD 1995 US Water Camden LLC Chemical & mechanical redevelop Wells 12 & 13, pump repairs, pipe changes, installation/modification of f low meters & controls 2000 US Filter Operation Services Repair (3) motors & 23,500 -GPM pumps @ Wilmington Water Treatment Plant. 2002 Chester Water Authority Reworked multi -impeller horizontal pump 19.5-MGD 2003 PA American Water, Royersford, PA Pull, Rework and Reinstall Pump & Motor for Limerick Well #1 2004 Burlington Twp, NJ Well #1A Capacity Upgrades 2006 City of Wildwood Remove, Redevelop, Repair & Reinstall Pump Well #39A 2006 Moorestown Twp, NJ Rehabilitation of Well #6 2007 Brick Township, NJ Rehabilitation of Well #10 2007 Haddon Township, NJ Rehabilitation of Well #3 2007 Sayreville Borough of Pump Maintenance & Well Redevelopment Service Contract 2007 City of Wildwood, NJ New Pumps for Wildwood Wells #46 & #47 2007 New York City Transit Redevelop Fulton Line Wells 2007 WATER AND WASTEWATER TREATMENT A. C. Schultes, Inc. successfully completed the construction of Matchaponix Water Supply Company located in Englishtown, New Jersey. Completely engineered and designed by our in- house engineering staff, and financed by A. C. Schultes, Inc. this plant was designed to serve bulk water to local, public and private water supply companies. Total cost of construction exceeded eight (8) million dollars. Utilizing the Matchaponix Brook as its source of supply, this plant is capable of treating, storing and distributing up to five (5) million gallons per day. Methods of treatment include chemical flocculation, sedimentation, carbon absorption, filtration and final disinfection. At the Little Egg Harbor MUA, located in Tuckerton, New Jersey, A. C. Schultes, Inc., completed the construction of an ion exchange water treatment plant. Four (4) large diameter ion exchange vessels treat up to 1000 gallons per minute of raw water from the 18" x 12" diameter double cased Raritan well approximately 700' deep. The operational features include a completely automatic regenerative system for the ion exchange units, disinfection, standby generative power, electrical switch gear, instrumentation controls, and a water testing laboratory. At the Lacey Township MUA located in Ocean County, New Jersey, A. C. Schultes, Inc. completed the construction of a 2.5 million dollar manganese greensand and water filtration plant complete with three (3) 18" x 12" diameter double cased Cohansey production wells each approximately 150' deep. Through a series of distribution mains, the raw water from each of the three (3) wells is pumped directly to the treatment plant for final distribution to the system. The water treatment facility combines ph adjustment, disinfection, and filtration to provide up to 1500 gallons per minute to the local residents. In Upper Deerfield Township, New Jersey, A. C. Schultes, Inc. constructed a new water treatment facility. This facility consists of two (2) new production wells, 20" x 14", 180' deep with yields of 250 GPM per well. There are two (2) buildings. One is a standard pump house, and the second is a 1,500 square foot treatment building/well house and transfer station. The treatment building consists of vertical filters, aerators, chemical feed equipment, clear wells, and transfer pumps. SELECTED WATER AND WASTEWATER TREATMENT EXPERIENCE Client New Castle County DE Army Creek Landfill Site Consumers NJ Water Co., NJ Willingboro MUA, NJ US Army Fort Dix, NJ United Water Toms River, NJ Maple Shade (U.S. Filter), NJ Sea Oaks (Little Egg Harbor MUA) NJ Long Island Water, NJ Description Date On -going maintenance and repair of all on -site 1995 to extraction wells and redevelopment plant present Construction of groundwater treatment plant for 2000-2001 production wells in Woolwich Township, NJ Repairs to packed tower type air stripping unit @ 2000 production well, pipe changes, electric service & controls Removal and replacement of filter media in steel 2000 pressure filters at water treatment plant As part of the new ASR well construction, completed the building and treatment facility 2002 Filter media change out and new valve installation 2003 1200 gallon iron removal treatment facility currently under construction Replaced Filter Media 2005 to Present 2007 to SELECTED TREATMENT PLANT MAINTENANCE AND REPAIR Client Description Date Borough of Filter Media Replacement (3) wells 2003 Swedesboro, NJ Johnson Mathey, Upgrade Lift Station 2005 West Deptford, NJ Atlantic City MUA Maintenance Agreement 2005 Long Island Filter Media Replacement at Plant #6 2006 American Water Company, NY NJ American Water Filter Media Replacement @ Sunset Road Plant Co — Farmingdale Chester Water Authority, PA Township of Freehold Filter Media Replacement Maintenance Agreement Woodcrest Country Replace Lift Station Club Astra Zeneca Wilmington, De Manhasset Lakeville Water District, NY Maintenances Services for Delaware City Plant Well Maintenance Agreement 2006 2007 2007-2008 2007 2007 2008 Phoenixville Water, Raw Water Intake Pump and Modifications 2008 PA REMEDIAL SERVICES A. C. Schultes provides a wide range of remedial on -site services. We have provided potable on - site water treatment and testing for various groundwater studies. A wide range of equipment can be provided for packer testing, carbon absorption, air stripping, disinfection, ph adjustment, sand filtration and ion exchange treatment. At the Solvent Savors Superfund Site located in Syracuse, New York, A. C. Schultes, Inc. successfully completed the on -site remediation of contaminated groundwater. All spent carbon, ion exchange material and temporary piping components were disposed of at a regulated hazardous waste facility. At the Metaltec Site, located in Franklin, New Jersey, A. C. Schultes, Inc. performed on -site pump and treatment services utilizing temporary diesel powered pumping equipment, carbon absorption pressure vessels, air stripping and secondary pumping to a point of final discharge on site. All spent material was disposed of at a regulated hazardous waste facility. A. C. Schultes, Inc. also provided installation services for oil recovery systems to aid in the remediation of petroleum -contaminated groundwater. One project of note included the installation of recovery wells, skimmer and drawdown pumps, controls, piping, and carbon canisters at the New Jersey Transit Greenville Garage in Jersey City, New Jersey. SELECTED REMEDIAL PROJECTS Client Zeneca, Inc. Clean Tech, Inc. Pitman Armory, NJ Description, Date Routine weekly maintenance of groundwater recovery 1990 to and on -site treatment system in New Castle County, DE. Present Repair/replace pinch valves & clean diffuser units on 2000 aerator Soil Remediation Project. Annual maintenance and 1991 to Monitoring. System reactivation scheduled for 2004 2007 Ciba Specialties Submersible pump maintenance and replacement. Drilled (2) new wells in 2003 1998 to Present ACS of Florida Equipment List T13VC JF-01 Exterra/SUV 2003 JF-02 Pickup Truck JF-04 Pickup Truck JF-06 Pickup Truck JF-07 Pickup Truck JF-08 - Pickup Truck 2000 JF-11 • Flat Bed Truck 1990 JF-'t2 - , Flat Bed Truck 1990 JF-15 - Flat Bed Truck 1992 JF-16 Flat Bed Truck 1992 JF-1 i list"e46 "I'fiar ; ., JF-18 , Flat Bed Truck 1990 JF-18 Flat Bed Truck 1995 JF-20 Flat Bed Truck JF»21 Flat Bed Truck JF-22 Flat Bed Truck JF-23 Tractor JF-24 Tractor 1995 1995 2003 1987 2003 2002 Ford F150 (red) 2006 Ford F-150 2007 Ford F150 (grey) Nissan Xterra (Grey) 5N1 ED28Y22C625085 495WEC 1 FTRF17243NB34181 466WEC 1 FTRW076.52KE25754 496WEC 1 FTRX12W66NB00013 499WEC 1 FTRW12W37FB48602 618WEC Ford F-150 3FTZF1729YMA55784 619WEC Isuzu Isuzu Flatbed GMC Flatbed GMC Ford F-150 Isuzu Isuzu Isuzu Isuzu GMC Western Star Tractor Vehicle Vehicle Vehicle Vehicle Vehicle Vehicle 6/30/2010 JALB4B1 H3L7007791 620WEC Vehicle 6/30/2010 JALB4B1 H4L7007816 622WEC Vehicle 6/30/2010 J8DB4B1K2N7010079 623WEC Vehicle 12/31/2010 J8DB4B1K5N7010108 624WEC Vehicle 12/31/2010 6/30/2010 6/30/2010 6/30/2010 6/30/2010 6/30/2010 JALB4B1 H5L70078255626WEC Vehicle 6/30/2010 JALB4B1 KOS7021772 627WEC I Vehicle 6/30/2010 JALB4B1 K9S7012536 270WEC Vehicle JALB4B1 KOS7021741 269WEC Vehicle J8DB4B15037005888 H183QK Vehicle 2WMPZCZZ1 HK919712 199WED Truck / Tractor decal # 18903792 Truck / Tractor decal # 18736318 Vehicle 6/30/2010 6/30/2010 12/31/2010 12/31/2010 •JF 27 ", Pick-up Truck D,!ILLEIGS JD -01, Barber Rig 1 ,JD -02 Barber Rig 2 JD -03 Barber Rig 3 JD -04 Barber Rig 4 JD -05 Barber Rig 5 2000 Freightliner 1FUY3MDB4YMF38097 268WEC 2003 Ford Ranger 1 FTYR10D63PA50768 W853PY 1996 Ford LNT9000 2003 Sterling YES 4/15/2010 S1324516 YES 14/15/2010 S1324516 YES X4/15/2010 S1324516 6650 YES 14/15/2010 S1324516 6650 YES 14/15/2010 S1324516 6800 YES j 4/15/2010 S1324516 5600 YES 14/15/201.0 S1324516_ 11050 YES ; 4/15/2010 S1324516 11050 YES , 4/15/2010 S1324516 11050 YES 14/15/2010 S1324516 11050 4/15/2010 S1324516 11050 YES 4/15/2010 S1324516 11050 YES 4/15/2010 S1324516 11050 YES 14/15/2010 S1324516 11050 YES 14/15/2010 S1324516 10000 YES 4/15/2010 S1324516 5200 6050 12/31/2010 YES 6/30/2010 YES 4/15/20101-51324516 YES 4/15/2010 ' S1324516 1 FDZW90V6TVA05521 2FZHAZAV73AK67436 JD -06 Cable Tool Rig JD -07 Cable Tool Rig JD -08 Cable ble Tool Rig CSAN _TRUCKS JP -02" Crane Truck JP -03 Crane Truck JP -04 Crane Truck 1998 Western Star 2005 2006 1985 2WLPCCJH3WK949459 Kenworth Truck 1NKDLB0X95R978340 N6657N Truck / Tractor decal # 18748186 378WEC Truck / Tractor decal # 18745.395 N6656 Truck / Tractor decal # 18748143 377WEC Truck / Tractor decal # 18748093 Truck / Tractor decal # 19178775 Truck / Tractor decal # 18736030 Truck / Tractor decal # 18735995 KW White 1NKDLB0X46R987139 N6670N GMC 60L-3 1GDT9C4C9FV618353 245WEC 1993 Intl 60L 1 HTHBBEN2PH534726 244WEC 1976 White 28L 10GFRGV844704 MI1531 Vehicle 80000 80000 Empty Title Value Waidht OLV 3953 9200 11,500 3924 6200 7,800 4655 13000 16,500 4837 11000 14,000 4872 16500 20,600 3805 4200 5,300 4825 1750 2,200_ 4825 1750 2,200 7000 1600 2,000_ 6950 1600 2,000 4825 1750 2,200 4825 3000 4,200 4825 3000 _ 4,200_ 4825 3000 4 200 5152 10000 12,500 1,000 22857 800 1750 25000 12/31/2010 YES 4/15/2010 S1324516 12J31/2010 YES 4/15/2010 S1324516 12/31/2010 YES 12/31/2010 YES 60400 64000 4/15/2010 S1324516 4/15/2010 S1324516 12/31/2010 YES 12/31/2010 12/31/2010 4/15/2010 S1324516 YES YES 4/15/2010 S1324516 4/15/2010 S1324516 6/30/2010 1998 Mack CH600 Cr 2006 Ster MdI LT7501 1989 JP -05 Knuckle Boom Truck TRAILERS JT . Flatbed Trailer 1974 JT-03 r Lowboy for Backhoe 1975 JTOS • Tanker Trailer 1957 JT-07" _ Frue Trailer 1989 ane 1M1AA08Y9WW013315 N6664N Vehicle 2FZHATDC56AW39190 N6659N Vehicle Ford LNT800 1FDYW82A8KVA48871 N6654N Vehicle 1996 Intl Mdl 4700 Knuck 1 HTSCAAN7TH269508 N6655N Vehicle YES ; 4/15/2010 S1324516 1 64000 66013 66013 52000 349,000 18000 22500 368,000 19268 32500 18241 19275 38500 19464 41500 13500 5000 48000 19020 7500 48000 14000 1000 403,500 25000 582,000 588,000 44,000 40,500 12/31/2010 12/31/2010 12/31/2010 12/31/2010 Yes 14/15/2010 S132456 45000 13000 YES 14/15/2010 S1324516 60000 16689 35000 YES 14/15/2010 S1324516 46000 1.7017 7000 YES , 4/15/2010 S1324516 33000 9400 8500 80,000 39,500 45,000 J Air Compressor -250 1988 JE-02': Air Compressor -250 1991 JE-03 Air Compressor -250 1991 Backhoe 310G Backhoe 310E Trencher Trencher , = f' Backhoe Font Chancey Frue Frue 26335 267WEC Taller 751963LBT35 266WEC Trailer TD12753 1H2V04820KC010720 499XKN Trailer 0108CE Trailer 6/30/2010 YES 6/30/2010 YES 6/30/2010 Permanent YES Butl IngersolRand Ingersol Rand John Deere John Deere s/n T0310EX873677 n/a Ditch Witch Model 4010 Ditch Witch Model 4500 IBUD1420211002934 276WEC Trailer 192490U91365 275WEC Trailer 193157U91365 271 WEC Trailer s/n T03106X956815 n/a 1993 I John Deere Model 310D n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 80000 13500 1000 80000 2500 1000 500 80000 10500 500 1,400 1,400 1 400 6/30/2010 YES 6/30/2010 YES 6/30/2010 YES YES YES n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 2330 2980 2980 1500 1500 1500 Tax ID# 14-1871186 DOT #1102289 Updated 3/3/2010 02-09-' 10 11:12 FROM- T-184 P002/008 F-577 A.C.S. & Sons, Inc, and Subsidiaries Report on Consolidated Financial Statements (With Supplementary Information) Years Ended December 31, 2008 and 2007 f 02-09-'10 11:12 FROM- T-184 P003/008 F-577 A.C.S. & SONS, INC. AND SUBSIDIARIES Index page Accountants' Report 2 Consolidated: Balance Sheets December 31, 2008 and 2007 3 Statements of Income and Retained Earnings Years Ended December 31, 2008 and 2007 4 Statements of Cash Flows Years Ended December 31, 2008 and 2007 5-6 Notes to Financial Statements 7-16 Supplementary Information: Consolidated: Cost of Revenue Years Ended December 31, 2008 and 2007 17 General and Administrative Expenses . Years Ended December 31, 2008 and 2007 18 Contracts in Progress December 31, 2008 19 Gross Profit Analysis December 31, 2008 20-21 Consolidating: Balance Sheet December 31, 2008 22 Statement of Income and Retained Earnings Year Ended December 31, 2008 23 Statement of Cash Flows Year Ended December- 31, 2008 24 Cost of Revenue Year Ended December 31, 2008 25 General and Administrative Expenses Year Ended December 31, 2008 26 1 1 1 02-09-'10 11:12 FROM- T-184 P004/008 F-577 : 1J.H. COHN uP Accountants 2nd Consultants since 1919 Accountants' Report To the Stockholders and Board of Directors A.C.S. & Sons, Inc. wj jbcchn.con: • 888-542-6461 • fax 888 -54? -291 We have reviewed the accompanying consolidated balance sheets of A.C.S. & Sons, inc. and Subsidiaries as of December 31, 2008 and 2007 and the related consolidated statements of income and retained earnings and cash flows for the years then ended, in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. All information included in these consolidated financial statements is the representation of the management of A.C.S. & Sons, Inc. and Subsidiaries. A review consists principally of inquiries of Company personnel and analytical procedures applied to financial data, It Is substantially less in scope than an audit in accordance with auditing standards generally accepted in the United States of America, the objective of which is the expression of an opinion regarding the consolidated financial statements taken as a whole. Accordingly, we do not express such an opinion. Based on our reviews, we are not aware of any material modifications that should be made to the accompanying consolidated financial statements in order for them to be in conformity with accounting principles generally accepted in the United States of America. Our reviews. were made for the purpose of expressing limited assurance that there. are no material modifications that should be made to the consolidated financial statements in order for them to be in conformity with accounting principles generally accepted in the United States of America. The supplementary information as of and for the years ended December 31, 2008 and 2007 is presented only for supplementary analysis purposes. Such information has been subjected to the Inquiry and analytical procedures applied in the reviews of the basic consolidated. financial statements and we are not aware of any material modifications that should be made thereto. ile14' UP Eatontown, New Jersey March 19, 2009 i I 2 02-09-' 10 11:12 FROM - T -184 P005/008 F-577 A.C.S. & SONS, INC. AND SUBSIDIARIES CONSOLIDATED BALANCE SHEETS DECEMBER 31, 2008 AND 2007 ASSETS Current assets: Cash and cash equivalents Contracts receivable, net Costs and estimated earnings in excess of billings on uncompleted contracts Inventories Prepaid expenses and accrued sales Loans receivable, current portion Deferred income taxes Total current assets Equipment and improvements, net Totals LIABILITIES AND STOCKHOLDERS' EQUITY Current liabilities: Current portion of notes payable Accounts payable Billings in excess of costs and estimated earnings on uncompleted contracts Accrued expenses Due to stockholders Income taxes payable Total current liabilities Notes payable, net of current portion Due to stockholders, net of current portion Deferred income taxes Total liabilities Commitments and contingencies Stockholders' equity: Common stock Retained earnings Total stockholders' equity Totals See Notes to Consolidated Financial Statements. 3 2008 $ 1,897,860 4,487,381 321,123 296,250 664,646 22,697 7,471 7,697,428 1,127,730 $ 8,825,158 $ 2,831,066 254,020 856,140 138,900 51,422 3,931,548 1,000,000 121,607 5,053,155 274,870 3,497,133 3,772,003 8,825,158 2007 $ 1,191,923 5,930,482 174,081 385,836 880,242 41,642 14,799 8,619,005 1,365,030 $ 9,984,035 $ 113,750 2,565,563 432,320 2,166,272 138,900 18,419 5,435,224 85,000 738,900 115 007 6,374,131 274,870 3,335,034 3,609,904 9,984,035, 02-09-'10 11:12 FROM- T-184 P006/008 F-577 A.C.S. & SONS, INC. AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF INCOME AND RETAINED EARNINGS YEARS ENDED DECEMBER 31, 2008 AND 2007 2008 2007 Construction revenue $ 32,908,948. $ 33,152,1 25 Cost of revenue . 26,507,377 26,199,779 Gross profit 6,401,571 6,952,346 General and administrative expenses 6,1 31,482 6,346,466 Operating income 270,089 605,880 Other income (expense): interest expense (135,558) (120,791) Gain on sale of equipment 61,500 Miscellaneous income 33,063 20.308 Totals (40,995) (100,483} Income before income taxes 229,094 505,397 Provision for income faxes . 66,995 ' 167,943 Net income 162,099 337,454 Retained earnings, beginning of year 3,335,034 2,997,580 Retained earnings, end of year ' $ 3,497,133 $ 3,335 034 See Notes to Consolidated Financial Statements. 4 02-09-'10 11:12 FROM- T-184 P007/008 F-577 A.C.S. & SONS, INC. AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF CASH FLOWS YEARS ENDED DECEMBER 31, 2008 AND 2007 Operating activities: Net income Adjustments to reconcile net income to net cash provided by operating activities: Deferred income taxes Gain on sale of equipment Depreciation Bad debts from contracts and loans receivable Changes in operating assets and liabilities: Contracts receivable Costs and estimated eamings in excess of billings cr, .!ncompleted contracts Inventories Prepaid expenses and accrued sales Accounts payable Billings in excess of costs and estimated earnings on uncompleted contracts Accrued expenses income taxes payable Net cash provided by operating activities investing activities: Repayments from loans receivable .' Proceeds from sale of equipment Purchase of equipment • Net cash used in investing activities Financing activities: Proceeds from (payments on) stockholder loans Proceeds from line of credit Principal payments on line of credit Principal payments on notes payable Net cash provided by (used in) financing activities Net increase in cash and cash equivalents Cash and cash equivalents, beginning of year 2008 $ 162,099 13,928 (61,500) 620,475 1,443,101 (147,042) 89,586 215,596 65,503 (178,300) (1,310,132) 33,003 946,317 18,945 61,500 (383,175) (302,730) 261,100 516,474 (516,474) (1981750) 62,350 705,937 1,191,923 Cash and cash equivalents, end of year $ 1,897,860 See Notes to Consolidated Financial Statements. 5 2007 $ 337,454 150,230 586,431 70,937 (585,058) 387,175 204,962 (389,059) (190,672) 67,354 901,697 6,505 1 547,956 2,003 (355,408) (353,405) (263,900) 2,852,005 (2,852,005) (306,762) (570,662) 623,889 568,034 $ 1,191,923_ 02-09-'10 11:13 FROM- T-184 P008/008 F-577 A.C.S. & SONS, INC. AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF CASH FLOWS YEAR -S ENDED DECEMBER 31, 200&AND 2007 2008 2007 Supplemental disclosure of cash flow data: Interest paid Income taxes paid Supplemental disclosure of noncash activities: Liquidating contribution $ 135,558 $ 120,971 $ 20,064 $ 11,208 $ 38,427 Liquidating distribution $ (1,00) See Notes to Consolidated Financial Statements. 6 02-09-'10 11:21 FROM- T-185 P001/008 F-580 A.C.S. & SONS, INC, AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 1 - Nature of operations: A.C.S. & Sons, Inc. is a holding company which owns the stock of the consolidated subsidiaries. The subsidiaries provide a full -range of water and waste -water services to municipal, private, commercial and industrial accounts, engineering firms, other contractors, as well as to local, state and Federal agencies in the New Jersey, Delaware, Maryland, Carolina and Florida areas, respectively. The work is usually performed under fixed price or time and material contracts. A.C. Schultes Motor and Pump, Inc. supplied electric motors and pumps and provided repair services to municipal, private and industrial accounts in the New Jersey area, this service is now provided by the subsidiaries. Note 2 - Summary of significant accounting policies: Consolidation: The consolidated financial statements include the accounts of A.C.S. &, Sons, Inc., a holding Company, and its wholly -owned subsidiaries (collectively the "Company" or "Companies"): A.C. Schultes, Inc. A.C. Schultes Motor and Pump Repair, Inc. A.C. Schultes of Delaware, Inc. A.C. Schultes of Maryland, Inc. A.G. Schultes of Carolina, Inc. A.C. Schultes of Florida, Inc. ("Woodbury") . ("Motor and Pump") ("Delaware") ("Maryland") ("Carolina") ("Florida') All significant inter -company balances and transactions have been eliminated in consolidation. The Companies had the following classes of stock at December 31, 2008 and 2007: A.C.S. & Sons, Inc. has 1,000 shares of no par common stock authorized and 100 shares issued and outstanding. Woodbury has 1,000 shares of no par common stock authorized and 100 shares issued and outstanding. Motor and Pump had 1,000 shares of no par common stock authorized and 100 shares issued and outstanding. During 2007, Motor and Pump was dissolved via a liquidating contribution and all assets and liabilities were assumed by Woodbury. Delaware has 10,000 shares of no par common stock authorized and 3,037 shares issued and outstanding. 7 02-09-'10 11:21 FROM- T-185 P002/008 F-580 A.C.S. & SONS, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 2 - Business and significant accounting policies (continued): Consolidation (concluded): Maryland has 1,000 shares of no par common stock authorized and 100 shares issued and. outstanding. • Carolina has 5,000 shares of $.01 par common stock authorized and 100 shares issued and outstanding. Florida has 10,000 shares of $.01 par common stock authorized and 100 shares issued and outstanding. Use of estimates: The preparation of financial statements in conformity with accounting principles generally accepted. in the United States of America requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. Operating cycle: The length of the Company's contracts varies, but Is typically between one to three years. Assets and liabilities relating to long-term contracts are included in current assets and current liabilities in the accompanying consolidated balance sheets as they will be liquidated in the normal course of contract completion, although this may require more than one year. Revenue and cost recognition: The Company reports construction revenue under the percentage of completion method, measured by the percentage of contract costs Incurred to date to the estimated total costs for each contract. 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, if material, are made rn the period in which such losses are determined. Changes in job performance, job conditions and estimated profitability, including those arising from contract penalty provisions, and final contract settlements, may result in revisions to costs and income and are recognized in the period in which the revisions are determined. Profit incentives are Included in revenue when their realization is reasonably assured. An amount equal to contract costs attributable to claims is included in revenue when realization is probable and the amount can be reliably estimated. The asset, "Costs and estimated earnings in excess of billings on uncompleted contracts," represents revenue recognized in excess of amounts billed. The liability, "Billings in excess of costs and estimated earnings on uncompleted contracts," represents billings in excess of revenue recognized. 8 02-09-'10 11:21 FROM- T-185 P003/008 F-580 A.C.S. & SONS, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 2 - Business and significant accounting policies (continued): Cash and cash equivalents: The Company considers all cash accounts, which are not subject to withdrawal restrictions or penalties, and all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivalents. inventories: inventories are stated at the lower of cost or market, with cost determined using the first -in, first -out ("FIFO") basis. Contracts receivable: Contracts receivable from performing general construction are based on contracted prices. The Company provides an allowance for doubtful collections which is based upon a review of outstanding receivables, historical collection information and existing economic conditions. Contract receivables are due 30 days after issuance 'of the invoice. Contract retentions are due 30 days after completion of the project and acceptance by the owner. Receivables past due more than 120 days are considered delinquent. Delinquent receivables are written -off based on individual credit evaluation and specific circumstances of the customer. Equipment and improvements: Equipment and improvements are stated at cost. Depreciation has been provided using the straight-line method at rates calculated to provide for retirement of equipment and improvements at the end of their estimated useful lives. Leasehold improvements are amortized over the life of the lesser of the term of the related lease or the estimated useful lives of the assets, Impairment of long-lived assets: The Company reviews its long-lived assets for impairment whenever events or changes in circumstances indicate that the carrying amount of an asset may not be recoverable. In performing a review for impairment, the Company compares the carrying value of the assets with their estimated future undiscounted cash flows. If it is determined that an impairment has occurred, the loss would be recognized during that period. The impairment loss is calculated as the difference between the asset carrying values and the present value of estimated net cash flows or comparable market values, giving consideration to recent • operating performance and pricing trends. As a result of its review, the Company does not believe that any material impalement currently exists related to its long-lived assets. 02-09-'10 11:21 FROM- T-185 P004/008 F-580 A.C.S. & SONS, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 2 - Business and significant accounting policies (continued): Income taxes: The Company . accounts for income taxes pursuant to the asset and liability method which requires deferred tax assets and liabilities be computed annually for differences between the financial statement and tax bases of assets and liabilities that will result in taxable or deductible amounts in the future based on enacted tax laws and rates applicable to the periods in which the differences are expected to affect taxable income. Valuation allowances are established when necessary to reduce deferred tax assets to the amount expected to be realized. Income tax expense is the tax payable or refundable for the period plus or minus the change during the period in deferred tax assets and liabilities, A.C.S. & Sons, Inc. files a consolidated Federal return. It is the policy of the consolidated group that each subsidiary would be charged or credited by the parent with the Federal tax expense or tax benefits that vtou!d be shown in a separate return. Additionally, each subsidiary company files its own state tax returns and is charged or credited with the state tax expense or benefit shown on the return. Advertising: Advertising costs, which are included in general and administrative expenses, are expensed as incurred. Advertising costs charged to operations for the years ended December 31. 2008 and 2007 amounted to $93,870 and $63,136, respectively_ New accounting pronouncements: In June 2006, Financial Accounting Standards Board ("FASB") interpretation No. 48 ("FIN 48't), "Accounting for Uncertainty in Income Taxes - An interpretation of SFAS No, 109," was, issued. FIN 48 clarifies the accounting for uncertainty in income taxes recognized in an enterprise's financial statements in accordance with Statement of Financial Accounting Standards ("SFAS") No. 109, "Accounting for Income Taxes." FIN 48 also prescribes a recognition threshold and . measurement attribute for the financial statement recognition and measurement of a tax position taken or expected to be taken in a tax return. In addition, FIN 48 provides guidance on derecognition, classification, interest and penalties, accounting in interim periods, disclosure and transition. FASB Staff Position ("FSP") FIN 48-3 deferred adoption for most nonpublic enterprises to annual periods beginning after December 15, 2008. 10 02-09-'10 11:21 FROM- T-185 P005/008 F-580 A.C.S. & SONS, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 2 - Business and significant accounting policies (concluded): New accounting pronouncements (concluded): The Company's policy for evaluating uncertain tax positions prior to the adoption of FIN 48 has been to provide for income taxes based on positions taken on the Company's tax return with valuation allowances established for uncertain positions based on the guidance established by SFAS No. 5 "Accounting for Contingencies." The Company, pursuant to the FSP, has elected to defer its application until its required effective date of January 1, 2009. Management does not expect the adoption of FIN 48 to have a material effect on the financial condition or the results of operations of the Company. • • Reclassifications: Certain amounts in the 2007 financial statements have been classified to conform to the 2008 presentation. Note 3 Contracts receivable: Contracts receivable consist of the following at December 31, 2008 and 2007: 2008 2007 Completed contracts • $2,724,136 $4,184,605 Contracts in progress 932,305 1,315,220 Retainage 1,064,346 558,913 4,720,787 6,058,738 Less eliminations 193,406 88,256 4,527,381 5,970,482 Less allowance for doubtful accounts 40,000 40,000 Totals 54,487,381 55.930.482 11 02-09-'10 11:21 FROM- T-185 P006/008 F-580 A.C.S. & SONS, INC, AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 4 - Costs and estimated earnings on uncompleted contracts: Costs and estimated earnings on uncompleted contracts consist of the following at December 31, 2008 and 2007: 2008 2007 Costs incurred on uncompleted contracts Estimated earnings Less billings to date $11,056,830 $6,719,729 1,669,941 1 301.288 12,726,771 8,021 ,017 12 659 668 8,279,256 Totals $ 6.7,103 $ (Z58,239) The above amounts are included in the accompanying consolidated balance sheets under the following captions at December 31, 2008 and 2007: Costs and estimated earnings in excess of billings on uncompleted contracts 2008 2007 $ 321,123 $ 174,081 Billings in excess of costs and estimated earnings on uncompleted contracts (254020) (432,320) Totals $ 67,103 $(258,239) Revisions in the estimated gross profits on contracts and contract amounts are made in the period in which the circumstances requiring the revisions become known. During the year ended December 31, 2008, the effect of such revisions in estimated contract profits resulted in an increase to gross profit of approximately $104,000, from that which would have been reported had the revised estimate been used as the basis of recognition of contract profits in prior years. Although management believes it has established adequate procedures for estimating costs to complete on open contracts, it is at least reasonably possible that additional significant costs could occur on contracts prior to completion. 12 02-09-'10 11:22 FROM- T-185 P007/008 F-580 A.C.S. & SONS, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 5 - Equipment and improvements: Major classes of equipment and improvements at December 31, 2008 and 2007 were as follows: 2008 2007 Machinery and equipment . $1,693,470 $1,632,668 Vehicles and trucks 3,798,107 3,588,358 Equipment improvements • 252,553 252,553 Furniture, fixtures and office equipment 22,670 22,671 5,766,800 5,496,250 Less accumulated depreciation 4,639,070 .4,131,220 Totals $1,127,730 $1.365.030 Note 6 Line of credit: The Company has a $3,500,000 working capital line of credit with The Bank. Borrowings accrue interest at the prime rate minus .50% (2.75% at December 31, 2008). The line is personally guaranteed by the stockholders and is secured by Company assets. The line of credit expires on July 31, 2009. At December 31, 2008, the entire line was available to borrow. The Company also has a $1,500,000 nonrevolving equipment line of credit with The Bank. Borrowings accrue interest at the prime rate minus .25% (3.00% at December 31, 2008). The line is personally guaranteed by the stockholders and is secured by all equipment purchased under the line. The line of credit expires on October 31, 2009. At December 31, 2008, $1,200,000 was available to borrow with no outstanding balance. Note 7 - Notes payable: Notes payable consist primarily of borrowings drawn under loan agreements with several banks and financing companies. As of December 31, 2007, these loans totaled $198,750. All loans were repaid during 2008. Note 8 - Related party transactions: During the years ended December 31, 2008 and 2007, Woodbury rented their office and shop facility on a month -to -month basis from Schultes, Inc., which has common ownership with A.C.S. & Sons, inc_ and incurred related rent expense in the amount of $110,000 and $120,000, respectively. During the years ended December 31, 2008 and 2007, Florida, Carolina and Delaware rented their office and shop facility on a month -to -month basis from Global Development Co., which has common .ownership with A.C.S. & Sons, Inc., and incurred related rent expense in the amount of $270,000 and $201 ,000, respectively. 13 02-09-'10 11:22 FROM- T-185 P008/008 F-580 A.C.S. & SONS, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 8 - Related party transactions (concluded): Woodbury and Maryland paid management fees to Global Development Co. in the amount of $420,000 and $346,000 for the years ended December 31, 2008 and 2007, respectively. The Company has loans due to stockholders in the amount of $1,138,900 and $877,800 at December 31, 2008 and 2007, respectively. The loans bear interest at 12%. Related interest 'expense amounted to $131,758 and $89,985 in 2008 and 2007, respectively. Principal payment requirements due in each of the years subsequent to December 31, 2008 are as follows: Year Ending • December 31, _Amount 2009 $ 138,900 2010 138,900 2011 138,900 2012 138,900 2013 583,300 Total $I, 1.38900 Note 9 - Retirement plan: 401(k)/profit-sharing plan: The Company maintains a 401(k}/profit-sharing plan for its employees. Employees can make voluntary contributions up to Federal limits. The Company may make profit-sharing contributions at the discretion of management. Company contributions for the years ended December 31, 2008 and 2007 were $100,000 and $150,000, respectively, and are included in employee benefits. Note 10- Income taxes: The Company's net deferred tax assets and liabilities at December 31, 2008 and 2007 consist of the following: 2008 2007 Current - deferred tax assets 7 Eta $_ 14,199 Noncurrent - deferred tax liabilities 1:12U07) 07) $ (115,007) Deferred tax assets result from net operating loss carryforwards and contribution carryforwards. Deferred tax liabilities result from the use of accelerated methods of depreciation for tax reporting purposes. 14 A.C.S. & SONS, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 10- Income taxes (concluded): The provision for income taxes for the years ended December 31, 2008 and 2007 is as follows: 2008 407 Current: Federal $ 42,771 $ 10,605 State __ 10,296 7108 Totals . 53L067 17.713 Deferred: Federal. 10,051 118,492 State 3,877 31.738 Totals 13928 150 230 Totals • $ x,995 $ 167.943 The provision. for income taxes differs from the amount that would result from applying the statutory rates to pre-tax net income primarily due to certain nondeductible expenses. At December 31, 2008, the Company had net operating loss carryforwards for state tax purposes of approximately: State Amount Expiration New Jersey $ 4,149 2026 New York 91,430 2025 Pennsylvania 2,800 2025 South Carolina 281,100 2025 North Carolina 328,000 2021 Florida 237,000 2025 Alabama 4,000 2025 285--3 900/Z00d 981-1 -W083 bZ : ZZ 0Z ,-f01-Z,01 A.C.S. & SONS, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 11- Contingencies: The Company is contingently liable to a surety under a general. indemnity agreement. The Company agrees to indemnify the surety for any payments made on contracts of suretyship, guaranty or indemnity. The Company believes that alt contingent liabilities will be satisfied by its performance on the specific bonded contracts. The Company, at times, may be involved with lawsuits arising in the ordinary course of business. in the opinion of the Company's management, any liability resulting from such litigation would not be material in relation to the Company's financial position and results of operations. . Note 12- Concentration risks: Credit risk: Financial instruments that potentially subject the Company to concentrations of credit risk consist of cash and cash equivalents and contracts receivable. The Company maintains several bank accounts at financial institutions. During the normal course of business, balances in these accounts may exceed the maximum amount insured by the Federal Deposit Insurance Corporation. At December 31, 2008, the Company's uninsured bank • balances totaled approximately $1,367,000. The Company limits its credit risk by selecting financial institutions considered to be highly creditworthy. Concentrations of credit risk with regard to contracts receivable are limited due to the large number of customers comprising the Company's customer base. The Company performs its services to private entities as well as state and local governmental agencies. In addition, the Company performs ongoing credit evaluations of its customers' financial condition and establishes an allowance for doubtful accounts based upon factors surrounding the credit risk of specific customers, historical trends and other information. Note 13- Subsequent event: in January 2009, the Company purchased the assets of a drilling company located In the State of Florida_ The amount paid for these assets was approximately $3,500,000. I8S-3 900/800d 98t -Z --W0133 f7Z :II 0t ,--60-Ze A.C.S. & SONS, INC. AND SUBSIDIARIES CONSOLIDATED COST OF REVENUE YEARS ENDED DECEMBER 31, 2008 AND 2007 2008 2007 Labor $ 4,427,579 $ 2,916,837 Payroll taxes 362,523 249,371 Employee expenses 548,522 720,973 Yard expense 936,269 1,006,882 Materials 9,829,604 9,987,285 Subcontractors 5,588,727 6,629,673 Health insurance 243,433 283,929 Equipment rentals 372,965 464,627 Depreciation 620,475 586,431 Repairs and maintenance 1,107,247 1,005,928 Insurance 605,718 . 618,547 Gas, fuel and oil 1,007,498 772,722 Licenses and registration 38,739 33,673 Permits end bonds 164,967 292,172 Miscellaneous job costs 653,111 630,729 Totals $ 26,507,377 $ 26,199,779 See .Accountants' Report. 17 t8S-3 90011700d 98t -Z -W08.4 r7Z :IT 0t ,-60-Z0 A.C.S. & SONS, INC. AND SUBS/DIARIES CONSOLIDATED GENERAL AND ADMINISTRATIVE EXPENSES YEARS ENDED DECEMBER 31, 2008 AND 2007 2008 2007 Office salaries $ 1,969,196 $ 2,232,039 Sales salaries 425,267 485,230 Payroll taxes 160,504 .157,211 Employee benefits 100,000 150,000 Other taxes 27,747 24,843 Management fees and expenses 327,776 330,415 Professional fees 354,321 165,509 Rent 980,018 830,007 Advertising and promotion 93,870 63,136 Dues and subscriptions 29,001 22,106 Office expenses 1,164,671 1,345,689 Telephone and utilities 314,637 303,310 Travel and entertainment 88,015 76,339 Vehicle expense 51,303 44,955 Licenses and permits 23,592 33,058 Contributions 4,635 1,918 Bad debts 70,937 Sundry 16,929 9,764 Totals $ 6,131,482 $ 6346,466 See Accountants' Report. 1R Z85-3 900/500d 98t-.1 -W0E D,Z:ZZ 01,-60-Z0 PO06/006 F-581 02-09-'10 11:24 A. C. Schultes, Inc_ Point Pleasant New Jersey American Water New Jersey American Water City of Millville New York City Transit Authority A.C. Sahuttes of Delaware. Inc. Town of Delmar A.C. Schultes of Maryland. Inc. Passwaters LLC - 81. Mary Metro Comm. Mirant Corporation AC_ Schuh of Carolina, Inc. Chinquapin Water Association Town of Reidsville Beaufort County - Scada Elizabeth City City of New Barn Robeson County . Grand Strand Water Grennviilte UtINues Town of Beaufort University Health Cate A.E Sglwit s of Flgrida. Inc. Toho Water Authority City of Melbourne City of Clermont Palk County • Tatars See Accountants' Report. Total Contract Price A.C.S. & SONS, INC.AND SUBSIDIARIES CONSOLIDATED CONTRACTS IN PROGRESS DECEMBER 31, 2008 Total Estimated Costs $ 779,405 $ 447,444 320,425 452,000 2,122,979 243,956 678,033 333,181 242,824 400,129 1.951,119 175,904 1,739,334 1,420,009 540,920 482,66- 2,899,000 2,544,413 509,129 458,246 496,171 510,754 829,128 768,391 1,481,409 1,074,465 2,475,187 2,387,024 323,125 289,631 318,678 302,635 469,506 371,02'.► 683,610 488,4111 461,250 335,6211 Estimated Gross ProfitiLoss) $ 101.372 114,263 77,601 51.871 171,860 1,255,992 923.0711 1,326,840 1,152,33,(1 423,775 359,024 296,788 254,512 $ 20, 896,051 $ 17, 903,43(1 $ 68,052 319,325 58,259 354.587 50,883 (14,583) 60.737 - 405,944 88,163 33,494 16.043 98,481 195,192 125,625 332,914 174,505 64,751 42,276 Costs Incurred to Date $ 315,707 282,262 221,203 111,103 1,126,663 101,048 1,401.824 455,456 645,858 382,849 491,339 761.102 16,622 1.593,463 278,232 210.160 163,656 49,764 45,755 909,828 1,105,785 348,224 38,927 2,992,615 $ 11,056,830 Percent Complete Total Amount Earned 46,56% $ 84.72% 91.10% 27.77% 57.74% 57.44% 98.72% 94.36% 25.38% 83.55%' 9620% 99.05% 1.55% 66.76% 96.06% 69.44% 44.11% 10.1996 13.63% 98.5696 95.06% 96.99% 15,29% Billed to Dale 362,891 $ 379,075 291,907 125,520 1,225,808 140,128 • 1,717,071 510,412 735,766 425,377 477,317 821.251 22.962 1,652,435 310,394 221,290 207,099 69,660 62,868 1,237,906 1,273,236 411,019 45,379 390,750 388,255 307,391 146,200 1,085,996 $ 128,515 1,719,334 500,860 792,500 399,939 478,971 787.242 16,522 1,742,529 300,600 182,000 195,940 37,268 65,000 Costs and Estimated Earnings in Excess of Billings 139,812 11,613 9,552 25,438 34.009 5,340 9,794 39,290 11,159 32,392 1,245,992 1,293,090 410,174 845 44.500 879 Billings in Excess of Costs and Estimated Ea minAs S 27,859 9,180 15,484 20,680 2,263 56,734 1,654 90,094 2,132 8,086 19,854 $ 12,726,771 $ 12,659,668 $ 321,123 $ 254,020 P002/008 F-582 02-09-'10 11:26 Contracts in Progress: A.C. Schu tes. Inc, Pohl Pleasant New Jersey American Waller New JerieyAmeriican Mfaler City of Mulls New York Cily Transit Authority A.C. Scti,Aes of Defawar IrrG, Town of Oelri r A.G. Schgips d Manstano, inc, Passwaters LLC St. Mary Melro Comm. Mira t Corporation A.C. S&hultesyi Caroline. Inc. Chinquapin Water Association Town of Reidsville Beaufort County - Scada Elizabeth C8y City of New Sam Robeson County. Grand Strand Wale; Grenville Ud16Mies Town of grouted University Health Caro A.C. 6chu1tesof Florida. Inc, Totio Water Authority City of Melbourne Cily of Clermont Polk County Total Contracts in Progress A.C.S. & SONS, INC. AND SUBSIDIARIES CONSOLIDATED GROSS PROFIT ANALYSIS DECEMBER 31, 2008 Revenue Earned Contract Totals Cost of Revenue Grass Prof! (Loss) $ 362,891 $ 315,707 $ 47,184 379.075 282,262 96.813 291,907 221,203 70.704 125.520 111.103 14,417 1,225.808 1,126,663 99,145 2,385,01 2,056,930 321,263 140,128 101.046 1,717,071 1,401,824 510,412 455,456 735,766 645,858 2,863,249 2 ,503 ,136 4611,111 Gross Profd (Loss) 96 Prior lo Januaryl 2008 Revenue Cost of Earned Revenue 13.00% 25.54% $ 233,937 $ 170,910 3 24.22% 169,766 136,319 11,49% 8.09% 27,203 23,953 39,080 27.89% 315,247 18.36% 54,956 10,77% • 89,906 12.22% 420.906 _ 331192 425,377 382,849 477,317 491,339 821,251 761,102 22,962 18,622 1,652,435 1,593,463 310,394 278,232 221,290 210,160 207,099 163,656 89,860 49,764 62,868 45,755 42,528 10.00% (14,022) -2.94% 60.149 7.32% 6,340 27.61% 58,972 3.57% 32,162 10.36% 11,130 5.03% 43,443 20.98% 19,890 28.56% 17, f 13 27.22% 4,270,653 3,992,942 277,711 1,237,906 1.273,236 411,019 45, 379 2,967,540 909,828 325,078 26.50% 1,105,785 167,451 13.1596 348,224 62,795 15.28% 36,927 6,452 14.22% 2.402,764 564,778 $ 12,728,771 5 11,056,830 5 1,6691941 1.220,057 963.406 1,220,057 963.406 256,651 249,371 467,740 11,782 214,992 480,768 10,596 728,893 706,356 .567,123 603,712 7,458 414,443 516,260 6,280 34,379 13.79% (13,028) -2.794 1,186 10.07% 22,537 152,680 26.92% 87,452 14.49% 1,176 15.80% - 1,178,293 938,983 241,310 S 3,548,1411 $ 2.937 927 $ 610,222 Gross Grass Profit Proflt (Loss) (Loss) y, Year Ended December 31, 2008 Revenue Earned $ 362.891 63,027 26.94% 145,138 23,447 14,68% 132,141 125,520 3,250 11.95% 1,198,605 89,724 1,964,295 Cost of Revenue 315,707 111.352 84,884 111,103 1,102,710 1,725,756 1140,128 101.048 Gross Profit (Lass) $ 47.184 33.786 47,257 14,417 95,895 238,539 39,060 256,651 21.04% 497,014 438,418 58,596 510,412 455,456 -54,956 735.766 645,858 89908 1,743 192 1,539,732 203.460 176,005 167,857 9,577 10,571 809,469 750,506 22.962 16,622 1.652.435 1,593.463 310,394 278.232 221,290 210,160 207,099 163,655 69,6$0 49,764 62,868 , 45.755 3,541,780 3,288.586 670,783 009,524 403,561 45,379 495,385 589.525 341,944 38,927 1.789,247 - 1,465781 $ 9,178,622 8,149 (994) 58,963 6,340 58,972 32,182 41,130 43,443 19,696 17,113 255,174 175,398 79,999 61,617 6,452 32 4332 , 66 $ 8,118,903 $ 1,059,719 P003/008 F-532 00 N 1 02-09-'10 11:26 Coaapreted Contracts: A C, Sd Muss ! Taiwv hip of Old Bridge New Jersey American Wale; Ne'r Jersey American Waler Borough of Keansburg Clly of Wiktivend New Jersey. Arnerican Waler Completed Contracts A.C. $ctrulles ati Delaiurare I Oily of bover Town of Clayton Cilyof Milford Completed Contracts Sthulles of h4arvland; Inc. Dominion Power Anne County AA Camly, Dane Highway Corral leled Contracts A.C. Srh4las of Cardinal. Inc. Craven Co. Water 8 Sewer Dept. Orange Monty Waler & Sewer New KeritCounly Botloms Bridge New Kent County Courthouse Cornpleleii Can1►acls A.C. Schalk* al Florida. Inc, Gateway Conwerrrtty Devel District Boynlan Beath Completed Contracts Total Completed Contracts Total Cuntrads in Progress Less: Intercompany Ellmtnalians Totals See Accountants' Report. Revenue Earned 5 166,830 428,613 t55,584 515,480 500,783 259.800 12,591,195 14,626,485 162,473 110,149 209,070 3,576,090 4,057,790 793,306 9724470 5,000 3.922,074 5,692.850 363A46 068.316 364,542 1,404,057 1.670,463 4,370,824 693,722 235,318 7632 1,651,722 30,399,671 12,726,771 43,128,442 2,4055,477 $ 40 720,965 A.C.S. & SONS, INC. AND SUBSIDIARIES CONSOLIDATED GROSS PROFIT ANALYSIS DECEMBER 31, 2008 Cantracl Totals Gross Cross Profit Cast of Profit (cross) Revenue Revenue J1oss % Earned 3 128,414 304,824 119.039 387,586 452,645 249,630 9,610,895 11,253,033 123,775 84,558 145,717 2,205,872 2,559,920 667,824Cc �,55 8 5;000 3.157,613 495,995 368,075 700,881 325,025 1,271.408 1- ,088.422 3.759 811 673.771 175,380 183,312 1,032,463 23,101,222 058 830 34. 0sa, 5252 1075,477 Z 33- 082 575 $ 38.416 123,989 36,545 127,894 56,138 10,170 2,980,300 3.373,452 23.03% 3 28.91% 23.49% 24.81% 11.03% 0.04 23.57% 38,898 23.82% 25,593 23.23% 63,353 30.30% 1.370 226 38.32% 1,497,670 125,482 15.82% 300,912 31.56% 0.00% 764,461 19.49% 1,196,855 (4,629) -1.27% (32,565) -4.57% 39,517 10.84% 126,649 9.02% 482,041 3019% 611.013 19,951 59,938 539.370 619,259 7,298,449 1.569 941 8,689 ,390 1,330,000 3 7. 2.08% 25,7% 74.63% 155,266 301,979 124,458 508,239 466,163 20,640 1,576,765 Prior lo January 1, 2008 3 Cost of Revenue Gross Profit (Loss) 117,076 3 38,190 212,752 89,227 97,851 26,807 373,298 134,941 407,11(9 58,364 20,000 640 1,228,596 348.169 2,650 1,990 3,936 2,633 67,95 f 48,459 Gross Profit (Coss) Revenue Earned 24.60'% 29,55% 21,54% 28.55% 12.52% 3.1056 660 24.91% 1,303 33,10% 19,492 28.69% 74,537 53 at 21,455 16,338 484,566 8,892 509,796 303,999 601,094 315,062 802,615 2,102,770 4,263,868 9 548,149 7,812,017 12,077 324,775 5,000 6,261 34.14% 159,791 32.98% 1,592 27.45% 341,852 167,944 314,770 686.771 277,075 735,124 (10,771) -3,54% (5,677) -0,83% 37,987 12,06% 67.491 8.41% 2,013,740 89,030 3,637,270 . 628,508 2,937,927 _21_0_10 6.575,197 1,236,820 $$ 7,812,017 $6,575,197 $ 1,236, 208 Year Ended December 31, 2008 Cost of Revenue 11,584 126,834 31,128 7,241 42,600 239,160 12.591 195 13,049,720 159,823. 106,213 141,119 3.576,098 3,983,253 11,338 92,072 21,398 14,268 44,826 229,630 9,610,895 (0,024.437 121,785 81,923 97.258 2,205,072 2 506,83838 774,968 655,747 487,904 340.783 (1,892) 3.922,074 3,157,613 5,(83,054 4,154.143 59,447 (12,779) 49,480 601,442 1,570,463 2,268,.054 693,722 235,318 722482 1,651,722 26,135,803 9,178,822 35,314,425 2,405,477 $ 32.908.948 $ 53,305 14,110 47.950 542,284 1,068.421 1,746,070 673,771 175,380 183,312 1032.463 19,463.951 8,118,903 27,582,854 1,075,477 26,507,377 3 Gross Pro91 (Loss) 226 34.762 9,738 (7.047) (2226) 9,530 2,980,300 - 3,025,283 38,038 24,290 43,861 1 370,226 1,476,415 119,221 147,121 (1,892) 764.461 1,028,911 6,142 (26,888) 1,530 59,158 482,042 521,984 19,951 59,938 539,370 619,259 6.671,852 1,059,719 7.731,571 t ,330,000 $ 6401571 .R4,. iH`,7A?,bRVi6r4u.Yl11WW.H.W f......\N.{d.w.... ,, ...,- P0041008 F-582 U2-0-' 10 11:26 ASSETS • Curren assets: Cash and cash equivalents Contracts receivable, net. Costs and es5matad earnings in excess of billings on uroenpleted contracts irrwentoriea Due horn alRliates Prepaid Expenses and accrued sales Loans receivable. current Donlon tlefened income taxes Investment In subsidiaries • Total aarrenf assets Equipment and improvements, nel Totals LCAAIUifES AND STOCKHOLDERS' E9UITY Current I labr'Slids: Accounts payable Billings In eimess of costs and estimated earnings on uncompleted contracts Accrued expenses • . Due to stodthoIders Due to affiliates Income taxes payable Total current liabfi�lles Due to stockholders, net of ourrenl portion Deterred income taxes Total Nobilities Stockholders' Equity: Canmon stook Retained earnings Total stockholders' equity Totals See Accountants' Report. A.G.S. & SONS, INC. AND SUBSIDIARIES CONSOLIDATING BALANCE SHEET DECEMBER 3112008 AC_S. & Sonsilnc, $ (1,537,423) $ 2.281,907 307,767 4,118,385 5, t70,726 $ 5.170,72[3 $ $ 13,772 S 100,000 138,900 48,340 301.018 1,000,000 97,705 1,398,723 274.870 3,497,133 3,772,003 A. Schultes, Inc, A.C. Schulles of Delaware, Inc. 404,262 $ 2,528.803 139,512 296,250 160,749 157,105 18,697 1,373 3,807,052 435,649 A.C. Schulles of Wayland, inc. A.C. Scitutles of Carolina, Inc, 736.611 $ 1.498,S55 $ 265,402 V 113,484 911,523 668,840 11,613 3,632 4,000 860.540 141,123 167,974 1,321 2,579,373 182,561 184,044 2,133 A.C. Sctultes of Florida, Inc. Eliminations Consolidated 530,253 358,137 $ 1,724 10,776 3,965 S 1,697,860 (193,406) 4,407,381 (2.442,746) (4,118,385) 1,120,419 904,855 (6,754.537) 7,697,428 154,479 213,927 1,127,730 321,123 296,250 564,646 22,697 7,471 4.242,701 $ 1,010,683 $ 2,781,934 $ 1,274,889 S 1,118,782 S Ss,754,537) S 8,825, r5t3 1,160,930 $ 73,203 138,623 2,080 1,374,838 11,040 1,385 876 50,000 2.806,825 2,856,525 157,674 S 726,824 152.877 69,444 97,970 32,547 1.306,476 908 88 260.573 2,284.235 4,200 4,913 264,773 2,289,148 30:370 715,520 745,890 1.000 471,786 472,766 $ 608,914 $ 156,412 $ (193,460) $ 2,631,066 338,043 290,220 27,940 112,060 813,449 (2,442,692) 1,237.177 1,109,881 410 . 1,237,587 100 37,202 37.302 3.339 254.020 856.140 136,900 51,422 (2.536,152) 3.93t,548 (.000,000 121.607 1.113,200 (2,636.152) 5,053.155 100 5 ,482 5, 582 (81,570) 274,870 (4,036,815) 3,497,133 (4,1 f8.385) 3,772003 $ 5,170,726 $ _ _44 24 2,701 $ _ 1 00,663 5 2,761,934 $ 1,274, `_x`989 $ 1,118.782 S (8,754,537) $ •8,825.156 P005/008 F-582 ti 00 F-+ 77 9 Construction revenue Gill of Revenue Goss pro General and administrative expenses Operating income Oliver income (expense): Inletest expense Income (ram investment In subsidiaries Gain on sale el equipment Miscellaneous income Talats Income before lnaome taxes Provisloe (credit) for Income taxes Net Irt Ome Retained earnings (deficit), beginning of year Retained earnings, end of year See Accountants' Report. A.C.S. & SONS, [NC. AND SUBSIDIARIES CONSOLIDATING STATEMENT OF INCOME AND RETAINED EARNINGS YEAR ENDED DECEMBER 31, 2008 A.C.S. & A.C. Schulles,, Sons, Inc. Inc A.C. Sctedtes of Delaware, Inc. 160;000 160,000 109.358 50.842 146,762 29.577 i 76,329 226,971 64,872 16,014,015 11,75D, f93 3,283,822 3.238,114 25,708 A.C. Schultes of Maryland, Inc. A.C. Schulles of Carolina, Inc. &C. Schulte, of Florida, inc. S 4.123,381 S 6,928,248 $ 5.849,814 $ 3,440.969 2,607,886 5,693,875 5,032,656 2,498,244 1,5115,495 1,232,371 777,158 942,725 1,481,435 1 191.610 Eimirr,ations _ Consolidated $ (2.565,477) $ 32.908,948 (1,075,477) 261507,377 (7.490,000) 6,401,571 748,019 0521946 (1,490,000) 34,060 - 40,761 29,139 89,779 (64,076) (20,680) (26,959) (13,733) (10,110) 80.000 1,500 1,308 1,089 1,069 (2.7613) (19,591) (24,370) (13,733) (10,110) 22,940 14,469 16,391 15.406 79.669 1,481 1,101 1,147 (5,987) 4,381 162,099 21.459 3,335,034 2,785 366 $ 3497,133 $ 2,806,825 $ (146.752) (146,752) (146,752) 6,131,482 270,089 (135.558) 61,500 33,063 (40,995) 229.094 66,995 13,368 15,244 21,393 75,288 (146,752) 152,099 702,152 456,542 15,609 (69,806) J . {3,890 063) 3.335,034 715520 $ 471 786 $ 37202 $ 5,462 $ (4,035,815) $ 3,497,13 •� 4M +Y+4L4�+Y..�,aY'PINnl4 JaWtN4.i(N+pa^i1.WW. �,N.�a+twfl+..w�. �- _. P006/008 F-582 00 �--1 Cperaling actrvI*ies: Net indanle Adjustments to reconcile net Income to rim cash provided by (used in) °Pmalin0 activates: Deterred income taints Gain an sale of equipment Depreciation income from Mvestrnenl in subsickerins Changes in operating assets and liabilities: Contracts receivable Costs and estimated earnings In excess of billings on uncompleted conked' McNories Prepaid expenses and accrued sales Accounts payable Bilings in excess ct casts and estimated earnings on uricampleled contracts Accrued expenses income taxes payable Net cash provided by (used In) *Pealing adivliles lnvesling araivMies Re>a10 () on bane receivable Proceeds tram sale of equipment Proceeds Irortt (paymerds 10) affiliates Purchase of equipment Net cash provided by (used in) itilesting act ,hies Financing aclMties: Proceeds from (payments on) sllodshnider bans Proceeds horn Ina al credit Prniciparpaymenrs on line o(credit Principal payments on notes payable Mel cash provided by financing activities Incxease (decrease) la rash and cash equivalents Cash and cash equivalents, beginning of year Cash end cash equivalens, end of year Siappiernestaldiscbsure of cash flow data: interest paid Income taxes paid See Accountants' Report. A.C.S. & SONS, INC. AND SUBSIDIARIES CONSOLIDATING STATEMENT OF CASH FLOWS YEAR ENDED DECEMBER 31, 2008 A.GS. AC, Schulfes & AC. Schuiles, of Delaware Sons loc. y Inc, Inc. &C. ScMdles A.C. Schulles of Maryland, of Carolina, Inc. Mc. $ 162,089 S 21,459 $ 13,368 $ 15.244 $ 10.051 671 (60.000) 174.469 (145.7:.2) (108,1: 1) (97,085) 532 57,006 (735,226) 394,113 (109,713) (7.435) 89,586 182,168 69.977 376,920 (40.745) (102,109) (21.832) (701,476) (147,702) (1.270) s3s (862,533) 316,943 1,1)59 (1.500) B2.428 567,663 (103,563) 10,aaa 303.093 A.C. Schulles of Florida, Inc, Eliminations Consolidated 21,393 ; 75,288 $ (146,752) S 162,099 (2,766) 55,919 370,217 75,303 33.780 (129.796) 152.977 (84.267) (360,417) 135.494 88 _____0210 4,381 250,655 741,188 (1,724) 146,752 105.150 27,832 (245.628) (105,258) (122.969) (168.031) 668,970 ' 472,150 92 (1083 20,145 (4,000) 60,000 *,500 2,800 73.513 (32,51 (1611,771) _2A_ (11,681) (16.109), - (7,572) (5,747) 9500) - 45,187 5o (74, 21M) 7313 1(3.143 5 f81<) =�5 s5 ____.__ 71.071 (77,155) 261,100 516,474 (516,474) 199 75�) (56,234) 14P81f8) _ 1 1557,42. 16 (975,876) 1,379,938 261.762 475,049 404,262 738,811 S • 609,174 401.074 465,837 889,381 13&672 64 ate _ 1,49565 265,402 S 530.253 i 108 108 13,928 (61,500) 620,475 1.443,101 (147,042) 89,506 213,596 65,503 (178,300) (1.310.132) _ 33,003 846,317 18,945 61.500 (38� 175} (302.T30) 261,100 516,474 (516,474) (198,750) 62,350 705.937 1,191,823 S 1,697,86p 135,358 s 20.064 P007/008 F-582 00 r --I 0 EZQ 02-09-'10 11:2€ Labor Payroll lances Einpltyee expenses Yard expense Materials Subconlraclors Health insurance Equipment rakes Depreciation Repairs and mainlertanoe Insurance Gas, fuhtandail Licenses and re9islratgp Permits and bands Miscellaneous job cosls Totals See Accountants' Report. A.C.S. & SONS, INC. AND SUBSIDIARIES CONSOLIDATING COST OF REVENUE YEAR ENDED DECEMBER 31, 2008 A.C. Sclrultes A.C. Soltufles A.C. Schulles A.C. Sclurlles AGS. & A.C. Sch&Bles, of Delaware, 0f M Sorts tom Inc. aryland, of Carvllna, of Florida, Inc• Inc - Inc. Inc. .Ehrrinations Consolidated $ $ 2,244.852 $ 507,786 3 764,280 $ 485,745 S 424.934 194.350 35,190 58, 375 41,358 33,242 $ 4,427,579 241,249 17,160 119,953 83,946 86,214 342,522 561,458 42,648 102,148 140,237 89,778 936.269 4,099,712 983,886 2,188,826 2,008,303 548,877 829,604 2,693,198 472,427 1,335,552 1,574,153 9,829,604 ts3,e2z 1s,aza 21,014 580,874 s tt.o75,a77f 5,588,727 163,824 22,875 16,401 243,433 8,565 56,087 95,912 45,427 372,965 174,469 57,006 82,426 55,919 250,655 425,181 159,691 265.249 135,355 121,771 807,247 279,767 71,931 74,978 78.125 100,916 t. 605.716 380,621 138,343 166,332 210,348 007, 16 14,412 10,296 112,854 1.007,496 6,937 7,094. 38,739 87,072 2,238 20,829 29,139 25,689 11,4,967 23,056 81,399 431.909 74,689 42.068 633,111 $ 11,750,193 $ 2,607,686 $ 5,693,875 $ 5,032,656 $ 2,498,244 S (1,075.477) $ 26507.377 %SYaMaY�aa:.y-,xv kYr�.va.Ma..us+rlokl,wasspwrrMcwa• .3.v......v...ww...av�.+...._ ..I� 1. ..•._.. , •..-., _ 1 POO8/OO8 F-582 1V OZ -0-'10 11:2Y • Office salaries Sales salaries Payroll taxes Employee bonnets other taxes Management tees and expenses Professional fees Poets Advertising and premottal Dues and subscriptions Office e e 5ss Telephone and utilities Tieve1 and erdertaMmeni Vehicle expense Licenses and permits Contributions Sundry Totals See Accountants' Report. A.C.S. & SONS, INC. AND SUBSIDIARIES CONSOLIDATING GENERAL AND ADMINISTRATIVE EXPENSES YEAR ENDED DECEMBER 31, 2008 & Son% Ibc- A.C. Schultes A.C. Schullss AC. & uttes, of Delaware, of Maryland, Inc. Inc Inc, $ 916,595 $ 200.741 72, 1 100.000 7 9358 11,175 624,684 116,782 4559,910 41,454 15,743 406,934 206,509 28489 26,760 15,882 2.650 1,210 234,373 b 64,220 21,44 10,712 711,983 52,180 121,608 16,526 3.630 191.471 31,271 6,068 4,800 -1,259• $ 109,358 $ 3,238,114 $ 1.481.435 210,633 3 86.080 19,991 479 312,164 83,836 201,719 27,590 740 201,835 30,773 7,109 5,190 2,037 170 1,281 • 5 l,19t,610 A.G. Schulies of Carolina, inc, A.C. Schulles or Florida. Inc. 314,946 3 42,996 23,9t3 2,875 45,052 39,938 30,000 4,213 Z784 150,200 28,867 42,073 14,533 ' 2.397 1,615 1,597 • 748019 -$ 292,649 31,250 22,779 2,506 123,893 51,583 136,681 4,087 6,104 154,230 17,217 4,277 2,007 3,483 852,946 3 SI;490,000) S Eliminations Consolidated $ 1,969,196 425.267 160.504 190.000 27,747 $ (1,490,000) 327,776 354.321 980,018 93,870 29.001 1,164,67 f 314,637 88,015 51,303 23,592 4, 635 16.929 6 131 .482 -.tu YiFui'MV.i4 f�M1 �7FMYiMNMPWMN The Bank 450 Bridgeton Pike Mantua, NJ 08051 866-248-2265 Christine Humphreys Suntrust 502 N US Hwy 41 Ruskin, FL 33570 813-641-0334 Craig Trimmer 'Feb. 24. 2010 4:04PM Jaffer Well Drilling No. 6081 P. 3 SECTION 00410 BID BOND STATE OF FLORIDA) COUNTY OF ) KNOW ALL MEN BY THESE PRESENTS, that Jaffer Well Drilling, A Division of A.C. Schultes of Florida, Inc. ss Arch Insurance Company as Principal, and ,asSurety,a Corporation chartered and existing under the laws of the State of Missouri , with its principal.offices in the City of Kansas Ci ty, MO , 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% of Bid ) lawful money of 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 8 , 20 10 , for REHABILITATION OF. DRAINAGE WELLS 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 bands 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, 'tithe principal shall 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 effedt, otherwise to remain In full force and effect. 00410-1 01108-023.0002 rep. L4. 1UIU 4:U4FM Jatter Well Dri ll ing No. 6081 P. 4 IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals, this 8th day of March , A.D., 20 10 , 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: Of Sole Ownership or Partnership, two (2) witnesses required). (If Corporation, Secretary Only will attest and affix seal). WITN SSES: WITNE SES: Karen Zweifler PRINCIPAL: A.C. Schultes of Florida, Inc. ature of Authorized (Affix Seat) Title Business Address City, State & Zip Code SURETY: Arch Insurance Company Corporates;- - rety -.... ANNA ttorney-in-Fact ' Seal) Daniel P. Dunigan PO Box 1787 Business Address Paoli, PA 19301-0826 City, State & Zip Code Name of l t cal Insurance Agency 00410-2 01108-023.0002 CERTIFICATES AS TO CORPORATE PRINCIPAL , certify that I am the Secretary of the Corporation named as Principal in the within bond; that lot,,,) I. Of 6,4e41 who signed said bond on behalf of the principal, was then Pi/ex SAir 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 governi bo•, ry (Corporate Seal) STATE OF FLORIDA) ss COUNTY OF Q ) Before me, a Notary Public duly commissioned, qualified and acting, personally appeared Jot t • 010,14tAA , to be well known, who being by me first duly sworn upon oath, says that he is the Attorney -in -Fact, for the OA rye) 4,66Y1 and that he has been authorized by J F' mot, bond on behalf of the Contractor named therein in favor of the Owner, the t(1a5tD 6-tcc Sworn and Subscribed to before me this ott. day of HAILeit ,20 /0, A.D. to execute the foregoing (Attach Power of Attorney to original Bid Bond) or otary Public State of Florida at My Commission Expires: Ng END OF SECTION ``pp� ""'• MARIA C. LAGO :•. '' •� MY COMMISSION # DD937465 ES November 02, 2013 FloriclalloteryService.com v/3 00410-3 01108-023.0002 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint James L. Hahn, Daniel P. Dunigan, William F. Simkiss, Joseph W. Kolok, Jr., Brian C. Block and Richard J. Decker of Paoli, PA (EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had. been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have -the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." _This Power of Attomey is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED. That the signature of the Chairman of the Board, the . President, . or any Vice 'President, or theirappointees designated in writing and filed with the Secretary, and the sigriattire 'of. the 'Secretary,. the'seal of the Company, and certifications by the Secretary, may be affixed by, facsimile on any power of attomey.or bond executed.pursuant _to the resolution adopted -by the Board rof directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1. -.of 2 ;. - Printed in U.S.A. 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 32 ((%iJQ h Drkit ill I YVlsi Qn 0+ � u 1+?� , a Florida corporation, (hereinafter referred to as .) "Contractor" o . Florida 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 Project: REHABILITATION OF DRAINAGE WELLS 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 One Hundred Fifty (150) 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. 00500-1 01108-023.0002 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 ($250.00) for each calendar day after the time specified in Section 2.2 for completion and readiness for final payment. These amounts are not penalties but are liquidated damages to Village for its inability to obtain full beneficial occupancy and use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by Village as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the Contract on time. The above -stated liquidated damages shall apply separately to each phase of the Project for which a time for substantial and/or final completion is given. 2.4 Village is authorized to deduct the liquidated damages from monies due to Contractor for the Work under this Contract. ARTICLE 3 CONTRACT PRICE 3.1 Village shall pay to Contractor for the performance of the Contract, the total lump sum of - Oihe 4o ttsa r1 p1 IJI'e htindred d o lih es d nil IQD ($ zip (woo 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, 00500-2 01108-023.0002 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. 00500-4 01108-023.0002 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. 00500-5 01108-023.0002 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 00500-6 01108-023.0002 with the Contract Documents, Contractor, after receipt of written notice from 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 00500-7 01108-023.0002 the requirements of Article 12 of the General Conditions, the Contractor shall be 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 Contractor in the performance of the Agreement. 7.11 Capitalized Terms Capitalized terms shall have their plain meaning as indicated herein. 7.12 Independent Contractor: 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 responsibilities, 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 00500-8 01108-023.0002 having an interest in the Contract were paid for satisfactory performance of their 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 made and executed this Agreement on the res ective dates under each s' ture: VILLAGE 'i F KEY: IS AYNE, FLORIDA, ' g by and illage Man. -r,; • ed to, : .to a tion on the-% a of �' � i �t/ � Y signing by and through • age Clerk APPROVED AS TO ORM AND LEGAL SUFF NCY: By: my aut rized t execute same. VILLAGE I� F KEY B AYN F • RIDA By: age Manag 00500-9 01108-023.0002 CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION FORMAT, AS APPLICABLE. ATTEST: (Corporate Seal) This 30 day of loco , 2010. CONTRACTOR �aF& L Goo( a ,Q-iiiS ;an ©f By: Aid- .celvd-4 tvIAA- 7-- A-tz.ci 464-414e# (Signature and Title) jbhiu T 06/tie/o/ Pitecijerd (Type Name/Title signed above) 00500-10 01108-023.0002 Mar'? 23. 2010 1:54PM Jaffer Well Dri ll ing No. 6532 P. 12 SECTION 00610 PERFORMANCE BOND Bond No. SII1105904 STATE OF FLORIDA) • ss COUNTY OF ) Jaffer Well Drilling, A Division of KNOW ALL MEN BY THESE PRESENTS, thatA. C. Schultes of Florida, Inc. as Principal, hereinafter called Contractor, and Arch Insurance Company as Surety, hereinafter called Surety, are held and firmly bound unto the Village of Key Biscayne , as Obligee, hereinafter er called Owner, in the amount of Two Hundred Seventy Nine Thousand, Nine Hundred Dollars ($ 279,900 ) 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. REHABILITATION OF DRAINAGE WELLS Key Biscayne, Florida in accordance with Drawings and Specifications prepared by Corzo Castella Carbailo Thompson Saimaa, P.A. which Contract is by reference made a part hereof and is hereinafter referred to as the Jontract. .NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the .'rincipal shall in all respects promptly and faithfully perform and comply with the terms and :onditions 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 nd damages arising from the performance of said Contract or the repair of any work thereunder, "hen 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 sure which the Owner , may be obliged to 'pay for the 00810 -1 01108-023.0002 Mar.'2'3. 2010 1:54PM Jaffer Well Drill ing No. 6532 P. 13 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. 8. 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 xv ". I • IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals, this 23rd day of March 20 10 , A.D., the name and corporate seal of :ach corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. r FITNESS: (if Sole Ownership or Partnership, two (2) Witnesses Required). (If Corporation, Secretary Only will attest and affix seal). 00610-2 01108-023.0002 Mar:23. 2010 1:54PM Jaffer Well Drill ing No, 6532 P. 14 WITNESSES: THE SSES: Anita DiJulio Jaffer Well Drilling, A Division of PRINC1P : A.C. Schultes of Florida, Inc. a2 „,__ Sign of uthorized Officer Al.44:064744- (Atlx Seal) Title 1451 SE 9th Court Business Address Hialeah, FL 33010 City, State & Zip Code SURETY: Arch Insuran C an Corporate S T P. gan, Two Paoli Office Park torney-in-Fact Business Address* Paoli, PA 19301-0826 City, State & Zip Code • The Simkiss Agency, Inc.. Name of Local Insurance Agency 00610 - 3 01108-023.0002 CERTIFICATES AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the Corporation names as Principal in the within Bond; that who signed the said bond on behalf of the Principal, was the 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. Secretary (Corporate Seal) STATE OF FLORIDA) ss COUNTY OF ) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly sworn upon oath, says that he is the Attorney -in -Fact, for the and that he has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in favor of the Village of Key Biscayne, Florida. Sworn and subscribed to before me this day of ,20_A.D. (Attach Power of Attorney) Notary Public - State of Florida at Large My Commission Expires: END OF SECTION 00610 - 4 01108-023.0002 Mar.'23. 2010 1:54PM Jaffer Well Dril l ing No. 6532 P. 17 SECTION 00620 PAYMENT BOND Bond No. SII1105904 STATE OF FLORIDA) ss COUNTY OF ) Jaffer Well -Drilling, A Division of KNOW ALL MEN BY THESE PRESENTS, that A.C. Schultes of Florida, Inc -as Principal, hereinafter called Contractor, and Arch Insurance Company as Surety, hereinafter called Surety, are held and firmly bound unto the village of Kev Biscayos Obligee, hereinafter called Owner, in the amount of Two Hundred Seventy Nine Thousand Nine Hundred Dollars ($ 179, 900 ) 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: REHABILITATION OF DRAINAGE WELLS 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. 3. 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 judgmentfor such sum or sums as may be Justly due claimant, and 00620-1 01108-023.0002 Mar.23. 2010 1:54PM Jaffer Well Dri l l i ng No. 6532 P. 18 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) clays 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 for 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 Policyholders rating of " A " and Financial Category of "Class - - xv y. IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals, this 23rd day of March 20 10 , 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. • • • 'VITNESS: (If Sole Ownership or Partnership, two (2) Witnesses Required). 00620.2 01108-023.0002 Mar. 2'3. 2010 1:54PM. Jaffer Well Drill ing No. 6532 P. 19 (If Corporation, Secretary Only will attest and affix seal). WITNESSES: Avta Jaffer Well Drilling, A Division of PRINC AL: A.C. Schultes of Florida, Inc. • Sign re of Authorized Officer Atuiti.24... (Affix Seal) Trfle 1451 SE 9th Court Business Address Hialeah, FL 3► 10 City, State & Zip Code SURETY: Arch Insur .ce C aniel P.. Dunigan, Attorney -in --Fact • Two Paoli Office Park Business Address Paoli, PA. 19301-0846 City, State & Zip Coda The Simkiss Agency, Inc. Name of Local Insurance Agency • • • • 00620-3 01108-023,0002 Mar. 2'3. 2010 1:54PM Jaffer Well Drill ing No. 6532 P. 15 CERTIFICATES AS TO CORPORATE PRINCIPAL 1, as Principal in the within Bond; that , certify that f am the Secretary of the Corporation named 12.6) TT ©'b. i k1 who signed the said bond on behalf of the Principal, was then (' 5/ divt, f of said Corporation; that 1 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 PENNA. ss :.:OUNTY OF ) CHESTER Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared Janiel P. Duni • an to be well known, who being by me first duly sworn upon oath, says -at he is the Attomey-in-Fact, for the Arch Insurance Company and hat he has been authorized by Arch Insurance Company to execute the foregoing bond on 3half of the Contractor named therein In favor of the Village of Key Biscayne, Florida. Sworn and Subscribed to before me this 23rday of March ,2010 A.D. kttach Power of Attorney) END OF SECTION Notary Public - State oMelilla Penna. at Large My Commission Expires: 00620-4 01108-023.0002 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 1st day of May , 20 08 . Arch Insurance Company Attested and Certified Martin J. Nil �-' , Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS rI/i, .f yam■ J. Mi hael ' ete, lice ' iden I, Brian C. Kuhn, a Notary Public, do hereby certify that Martin J. Nilsen and J. Michael Pete personally known to me to be _the same persons whose names are respectively as Secretary and Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set COMMONWEALTH OF PENNSYLVANIA CERTIFICATION NOTARIAL SEAL Brian C. Kuhn, Notary Public City of Philadelphia, Philadelphia County My commission expires•December 06, 2011 Brian C. Kuhn; Notary Public My commission expires 12-06-2011 i, Martin J. Nilsen, Secretary of the Arch Insurance Company; do hereby certify that the attached Power of Attomeydated May 1, 2008 on behalf of the persons) as listed above is a true and correct copy and that the same has been. in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further . certify that the said J. Michael Pete, who- executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affirmed the corporayte s al of the Arch Insurance Company on this 23rd day of March 20 10 7( Martin J. Nil(e�r4, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors & Developers Group 135 N. Robles Ave., Ste. 825 Pasadena, CA 91101 00ML0013 00 03 03 Page2of2 Printed in U.S.A. POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint James L. Hahn, Daniel P. Dunigan, William F. Simkiss, Joseph W. Kolok, Jr., Brian C. Block and Richard J. Decker of Paoli, PA (EACH) - its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order fo bring each such bond Within the dollar limit of authority as set forth herein. The Company -may revoke this appointment at anytime. The execution of such bonds and undertakings in pursuance of these presents -shad be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had. been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. .. • This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are•hereby certified to by the undersigned Secretary as being in full force and effect "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary -shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." .This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED; That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. ACORD„, CERTIFICATE OF LIABILITY INSURANCE OP ID TL ACSCH01 DATE(MM/DD/YYYY) 03/26/10 PRODUCER A.D. Martin Commercial Ins. 32 S Main St., P.O. Box 759 Mullica Hill NJ 08062-0759 Phone: 856-478-6600 Fax: 856-478-6624 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE NAIC # INSURED Jaffer Well Drilling A Division Of A C Schultes Of Florida Inc. 1401-1451 SE 9th Court Hialeah FL 33010 INSURER A: Selective Ins Co of Southeast 39926 INSURER B: Selective Way Insurance Co. 26301 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 MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRC TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A X GENERAL LABILITY S1324516 04/15/09 04/15/10 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREM SES (Eatoccu ©nce) $ 100,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $5,000 X Blkt Addl Insured PERSONAL & ADV INJURY $ 1,000,000 X Incl Contractual GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER* PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X JEt° Ti LOC Emp Ben. 1,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS S1324516 04/15/09 04/15/10 COMBINED SINGLE LIMIT (Ea accident) $ 1 000 000 r r X BODILY INJURY (Per person) $ X 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 $ B EXCESS/UMBRELLA LIABILITY S1730994 04/15/09 04/15/10 EACH OCCURRENCE $ 10,000,000 $10,000,000 X OCCUR CLAIMS MADE AGGREGATE DEDUCTIBLE RETENTION $ 0 $ $ X $ A WORKERS COMPENSATION AND Hi- ANY PROPRIETOR/PARTNER/EXECUTIVE EMPLOYERIETOR/LITY OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC7217652 04/15/09 X TORY LIMITS OER 04/15/10 E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1 , 000 , OOO E.L. DISEASE - POLICY LIMIT $ 1 , 000,000 B OTHER Equipment Floater Leased/Rented S1730994 UNSCHEDULED EQUIPMENT 04/15/09 04/15/10 $200,000 Any 1 Item Or Total $500 Deduc DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES Project: Rehabilitation of Corzo Castella Carballo Thompson Biscayne (Owner) are included liability as required in a performed for them by the / EXCLUSIONS ADDED BY ENDORSEMENT Drainage Wells, Key Salman, P.A. as additional insured / SPECIAL PROVISIONS Biscayne, FL (Engineer) and Village of Key with regards to general prior to loss for work written contract executed named insured. CANCELLATION CORZOCA Corzo Castella Carballo Thompson Salman, P.A. 901 Ponce DeLeon Boulevard Suite 900 Coral Gables FL 33134 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 DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AU ED EPRESENTA ACORD 25 (2001/08) © ACORD CORPORATION 1 ACORD,,, CERTIFICATE OF LIABILITY INSURANCE AACSCH0I DATE (MM/DD/YYYY) 03/26/10 PRODUCER A. D . Martin Commercial Ins. 32 S Main St., P.O. Box 759 Mullica Hill NJ 08062-0759 Phone: 856-478-6600 Fax: 856-478-6624 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOf 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 # INSURED Jaffer Well Drilling A Division Of A C Schultes Of Florida Inc. 1401-1451 SE 9th Court Hialeah FL 33010 INSURER A: Selective Ins Co of Southeast 39926 INSURER B' Selective Way Insurance Co. 26301 INSURER C INSURER D: INSURER E COVERAGES 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 MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR AMYL INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A X GENERAL LIABIUTY COMMERCIAL GENERAL LIABILITY S1324516 04/15/09 04/15/10 EACH OCCURRENCE $1,000,000 X UAMAGt �U KtN I tU PREMISES (Ea occurence) $ 10 0 $100,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $5,000 X Blkt Addl Insured PERSONAL & ADV INJURY $ 1,000,000 X Incl Contractual GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X JERCOT LOC Emp Ben. 1,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS S1324516 04/15/09 04/15/10 COMBINED SINGLE LIMIT (Ea accident) $ 1000 000 i � X BODILY INJURY (Per person) $ X X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE UABIUTY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY AGG $ B EXCESS/UMBRELLA LIABILITY S1730994 04/15/09 04/15/10 EACH OCCURRENCE $10,000,000 X OCCUR CLAIMS MADE AGGREGATE $10,000,000 DEDUCTIBLE RETENTION $ 0 $ $ X $ A WORKERS COMPENSATION AND EMPLOYERS' LIABIUTY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED') If yes, describe under SPECIAL PROVISIONS below WC7217652 04/15/09 04/15/10 X TORY LIMITS ER E L. EACH ACCIDENT $1,000,000 E L DISEASE - EA EMPLOYEE $ 1,000,000 E L DISEASE - POLICY LIMIT $ 1,000,000 B OTHER Equipment Floater Leased/Rented S1730994 UNSCHEDULED EQUIPMENT 04/15/09 04/15/10 $200,000 Any 1 Item Or Total $500 Deduc DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES Project: Rehabilitation of Village of Key Biscayne (Owner) P.A. (Engineer) are included liability as required in a performed for them by the / EXCLUSIONS ADDED BY ENDORSEMENT Drainage Wells, Key and Corzo Castella as additional insured / SPECIAL PROVISIONS Biscayne, FL Carballo Thompson Salman, with regards to general prior to loss for work written contract executed named insured. CERTIFICATE HOLDER CANCELLATION VILLOFK Village of Key Biscayne Public Works Department Vill of Key Biscayne Vill Hall 88 W. McIntyre Street Kay Biscayne FL 33149 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES 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 DO SO SHALL IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AU ACORD 25 (2001/08) © ACORD CORPORATION 1 ACORD,, CERTIFICATE OF LIABILITY INSURANCE OP ID TL ACSCHO1 PRODUCER A.D. Martin Commercial Ins. 32 S Main St., P.O. Box 759 Mullica Hill NJ 08062-0759 Phone:856-478-6600 Fax:856-478-6624 DATE (MM/DDIYYYY) 03/26/10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOF 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# INSURED Jaffer Well Drilling A Division Of A C Schultes Of Florida Inc. 1401-1451 SE 9th Court Hialeah FL 33010 INSURER A: Selective Ins Co of Southeast 39926 INSURER B. Selective Way Insurance Co. 26301 INSURER C: INSURER D: INSURER E: COVERAGES 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 MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADM. INSRC TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A X GENERAL LIABILITY S1324516 04/15/09 04/15/10 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISEs(Eatoccurence) $ 100,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $5,000 X Blkt Addl Insured PERSONAL & ADV INJURY $ 1,000,000 X Inc]. Contractual GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER• PRODUCTS - COMP/OP AGG $2,000,000 POLICY !i I JECT LOC Emp Ben. 1,000,000 A AUTOMOBILE LIABILITY S1324516 04/15/09 04/15/10 COMBINED SINGLE LIMIT (Ea accident) $ 1 000 000 r r X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per person) $ X 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 $ B EXCESS/UMBRELLA LIABILITY S1730994 04/15/09 04/15/10 EACH OCCURRENCE $10,000,000 X OCCUR CLAIMS MADE AGGREGATE $10,000,000 DEDUCTIBLE RETENTION $ 0 $ $ X $ A WORKERS COMPENSATION AND ANY PROPRIETOR/PARTNER/EXECUTIVE EMPLOYERS' IABILITY A OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC7217652 04/15/09 WC X TORY LIMITS ER 04/15/10 E L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1, 000 , 000 B OTHER Equipment Floater Leased/Rented S1730994 UNSCHEDULED EQUIPMENT 04/15/09 04/15/10 $200,000 Any 1 Item Or Total $500 Deduc DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project: Rehabilitation of Drainage Wells, Key Biscayne, FL Village of Key Biscayne (Owner) and Corzo Castella Carballo Thompson Salman, P.A. (Engineer) are included as additional insured with regards to general liability as required in a written contract executed prior to loss for work performed for them by the named insured. CANCELLATION J VILLOFK Village of Key Biscayne Public Works Department Vill of Key Biscayne Vill Hall 88 W. McIntyre Street Kay Biscayne FL 33149 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 DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AU ED EPRESENTA ACORD 25 (2001/08) © ACORD CORPORATION 1 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) 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: REHABILITATION OF DRAINAGE WELLS Key Biscayne, Florida INSURANCE POLICIES IN FORCE: Forms of Coverage *Workers Comp./Employers Liability +Comprehensive Automobile Liability oComprehensive General Liability +Excess Liability Other (Please specify type: ) Policy Number Exp. Date 00650-1 01108-023.0002 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 01108-023.0002 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 Issued at Insurance Agent or Company -Send original and one copy to: 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 01108-023.0002 A 7 S SECTION 00660 ACKNOWLEDGEMENT OF CONFORMANCE WITH O.S.H.A. STANDARDS TO THE VILLAGE OF KEY BISCAYNE: We, �a 1 , hereby acknowledge and agree that as Contractors for the construction of ioiMw4-i r► ©1- Dra-WCIV " U lii lioy « r v-ty pl ;Cct V' Engineer's Project No.: 01108-0A 410A , 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 harmless the Village of Key Biscayne, Miami -Dade County, and its Consulting Engiaeers against any and al g Liability or loss the Village, County or the Engineer may incur due to \ erg t e(I (' failure to comply with such act. ATTEST \ki (t) ' ff"?—) \\Okit BY: JFeeL kw/1 %„.,,-1,,,,,,,,_ , didify, 1 ke Pact= CONTRACTOR 3 END OF SECTION J NAME 3 0�p.o/0 DATE 00660-1 01108-023.0002 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 510,6 rte,a,t,s6 (fill in methods) Total $ /€2 6 - 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 ct." Signa 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 3.ernh day of Nia-rLcL► , 20 / o . (affix seal) Notary Public My Commission Expires: ND) d d, 44- MARIA C. LAGO ►* ‘;`'i MY COMMISSION # DD937465 "N EXPIRES November 02, 201? (407) 4 39$-t '153 1, FlondallotaryServ1Ce Corn END OF SECTION 00665-1 01108-023.0002 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 ACEC AMERICAN COUhGI OF ENGINEERING COMPANIES 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 The Associated General Contractors of America Knowledge for Creating 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 - DEFINITIONS AND TERMINOLOGY 6 1.01 Defined Terms 6 1.02 Terminology 8 ARTICLE 2 - PRELIMINARY MATTERS 9 2.01 Delivery of Bonds and Evidence of Insurance 9 2.02 Copies of Documents 9 2.03 Commencement of Contract Times; Notice to Proceed 9 2.04 Starting the Work 9 2.05 Before Starting Construction 9 2.06 Preconstruction Conference 9 2.07 Initial Acceptance of Schedules 9 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 10 3.01 Intent 10 3.02 Reference Standards 10 3.03 Reporting and Resolving Discrepancies 10 3.04 Amending and Supplementing Contract Documents 11 3.05 Reuse of Documents 11 3.06 Electronic Data 11 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 11 4.01 Availability of Lands 11 4.02 Subsurface and Physical Conditions 12 4.03 Differing Subsurface or Physical Conditions 12 4.04 Underground Facilities 13 4.05 Reference Points 13 4.06 Hazardous Environmental Condition at Site 13 ARTICLE 5 - BONDS AND INSURANCE 14 5.01 Performance, Payment, and Other Bonds 14 5.02 Licensed Sureties and Insurers 15 5.03 Certificates of Insurance 15 5.04 Contractor's Liability Insurance 15 5.05 Owner's Liability Insurance 16 5.06 Property Insurance 16 5.07 Waiver of Rights 17 5.08 Receipt and Application of Insurance Proceeds 17 5.09 Acceptance of Bonds and Insurance; Option to Replace 17 5.10 Partial Utilization, Acknowledgment of Property Insurer 18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 18 6.01 Supervision and Superintendence 18 6.02 Labor; Working Hours 18 6.03 Services, Materials, and Equipment 18 6.04 Progress Schedule 18 6.05 Substitutes and "Or -Equals" 19 6.06 Concerning Subcontractors, Suppliers, and Others 20 6.07 Patent Fees and Royalties 21 6.08 Permits 21 6.09 Laws and Regulations 21 6.10 Taxes 22 6.11 Use of Site and Other Areas 22 6.12 Record Documents 22 6.13 Safety and Protection 22 6.14 Safety Representative 23 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 3 6.15 Hazard Communication Programs 23 6.16 Emergencies 23 6.17 Shop Drawings and Samples 23 6.18 Continuing the Work 24 6.19 Contractor's General Warranty and Guarantee 24 6.20 Indemnification 24 6.21 Delegation of Professional Design Services 25 ARTICLE 7 - OTHER WORK AT THE SITE 25 7.01 Related Work at Site 25 7.02 Coordination 26 7.03 Legal Relationships 26 ARTICLE 8 - OWNER'S RESPONSIBILITIES 26 8.01 Communications to Contractor 26 8.02 Replacement of Engineer 26 8.03 Furnish Data 26 8.04 Pay When Due 26 8.05 Lands and Easements; Reports and Tests 26 8.06 Insurance 26 8.07 Change Orders 26 8.08 Inspections, Tests, and Approvals 26 8.09 Limitations on Owner's Responsibilities 27 8.10 Undisclosed Hazardous Environmental Condition 27 8.11 Evidence of Financial Arrangements 27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 27 9.01 Owner 's Representative 27 9.02 Visits to Site 27 9.03 Project Representative 27 9.04 Authorized Variations in Work 27 9.05 Rejecting Defective Work 27 9.06 Shop Drawings, Change Orders and Payments 28 9.07 Determinations for Unit Price Work 28 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work 28 9.09 Limitations on Engineer's Authority and Responsibilities 28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 28 10.01 Authorized Changes in the Work 28 10.02 Unauthorized Changes in the Work 29 10.03 Execution of Change Orders 29 10.04 Notification to Surety 29 10.05 Claims 29 ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 30 11.01 Cost of the Work 30 11.02 Allowances 31 11.03 Unit Price Work 31 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 32 12.01 Change of Contract Price 32 12:02 Change of Contract Times 33 12.03 Delays 33 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 33 13.01 Notice of Defects 33 13.02 Access to Work 33 13.03 Tests and Inspections 33 13.04 Uncovering Work 34 13.05 Owner May Stop the Work 34 13.06 Correction or Removal of Defective Work 34 13.07 Correction Period 34 13.08 Acceptance of Defective Work 35 13.09 Owner May Correct Defective Work 35 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 36 14.01 •Schedule of Values 36 14.02 Progress Payments 36 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 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 37 37 38 38 38 39 39 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 39 15.01 Owner May Suspend Work 15.02 Owner May Terminate for Cause 15.03 Owner May Terminate For Convenience 40 15.04 Contractor May Stop Work or Terminate ARTICLE 16 - DISPUTE RESOLUTION 41 16.01 Methods and Procedures ARTICLE 17 - MISCELLANEOUS 41 17.01 Giving Notice 17.02 Computation of Times 41 17.03 Cumulative Remedies 41 17.04 Survival of Obligations 41 17.05 Controlling Law 41 17.06 Headings 41 39 39 40 41 41 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 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 ® 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 final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. 'When "furnish," "install," "perform," or "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 C 2002 National Society of Professional Engineers for EJCDC. MI 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, attomeys, 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 C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -14 ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful 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 Certzficates 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 of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final 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 final 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 bome 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 5.08.13. 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 C 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 © 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. 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 Samples 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 6.16 Emergencies 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: 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 a. all field measurements, quantities, dimensions, specified performance and design criteria, EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 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. Ail 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 financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and 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 CO 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. 13. 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.O1.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.O1.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 - 3I 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 corresponding 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 final 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 © 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 final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial 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 final 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 final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to 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 final 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 Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and 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 C 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 fmally 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. Copyright C 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 01108-023.0002 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 01108-023.0002 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 01108-023.0002 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 01108-023.0002 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 01108-023.0002 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 01108-023.0002 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 01108-023.0002 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 01108-023.0002 26. SOURCE OF SUPPLY, STEEL (FEDERAL -AID CONTRACTS ONLY) For Federal -Aid Contracts, only use all steel and iron produced in the United States. Ensure that all manufacturing processes for this material occur in the United States, except as noted below. When using steel and iron as a component of any manufactured product incorporated into the project (e.g., concrete pipe, prestressed beams, corrugated steel pipe, etc.), use only steel and iron produced in the United States, except that the manufacturer may use minimal quantities of foreign steel and iron when the cost of such foreign materials does not exceed 0.1% of the total Contract amount of $2,500, whichever is greater. The coating of steel is part of the manufacturing process. These requirements are not applicable to steel and iron items that the Contractor uses but does not incorporate into the finished work. Provide a certifications from the producer of steel or iron, or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into the furnished product, with the exception of the allowable quantity of foreign steel or iron, was manufactured in the United States. Furnish such certification to the Engineer prior to incorporating the material into the project. When FHWA allows the use of foreign steel on a project, furnish invoices to document the cost of such material, and obtain the Engineer's written approval prior to incorporating the material into the project. 00800-9 01108-023.0002 Date: APPLICATION FOR PAYMENT NO. Project No. To: (OWNER) From: (CONTRACTOR) Contract for: For Work accomplished through the date of: , 20 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: , 20 Corzo Castella Carballo Thompson Salman, P.A. (ENGINEER) Engineers /Architects / Planners By: Project Manager 00800-10 01108-023.0002 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: $ $ $ $ $ $ $ $ 00800-11 01108-023.0002 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. 00800-12 01108-023.0002 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: 00800-13 01108-023.0002 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: 00800-14 01108-023.0002 SECTION 00900 ADDENDUM 00900-1 01108-023.0002 The Village of Key Biscayne Rehabilitation of Drainage Wells Addendum #1 March 1, 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 No staging yard is available for the Contractor. Equipment can be left on -site but must not block vehicular or pedestrian traffic and must be properly barricaded. 2. Per Section 02730-1 1.04 B, the contractor shall submit a well test methodology to the Engineer, for approval. 3. A time for testing will not be provided. 4. Silt removed may be stored at an approved location for a maximum of 24 hours. 5. There are no dump sites located on Key Biscayne. 6. Upon full re -development, wells that do not meet 4,000 gallons per minute at 5 feet of head will be evaluated on a case by case basis. 7 A minimum gpm for well development has not been set. 8. The Village will not supply water for the Contractor. Contractor must obtain their own source of water. Salt water may not be used. 9. The contractor will be allowed to discharge clean water, free of sediment, into existing drainage systems. All operations must comply with all applicable local, state, and federal regulations. The Village of Key Biscayne Rehabilitation of Drainage Wells Addendum #1 March 1, 2010 Page 2 10. Once located, the wells 1-28 and 2-24 will be evaluated by others. Report and schedule of work will be provided to contractor. 11. The Notice to Proceed shall be expected by the end of March. 12. Chemical testing of the debris from the wells will not be required. 13. Injection analysis or drawdown analysis can not be used to test the capacity of the wells. 14. Per Section 02738 Part 1.04 B, re -drilling of wells may be required in order to redevelop the well. END OF ADDENDUM No. 1 L:\Projects\1108-023\02\Specs\Addendum#1. doc SECTION 01000 SPECIAL CONDITIONS 1.1 SCOPE A. This project consists of the rehabilitation of twenty eight (28) existing drainage wells within the Village of Key Biscayne, as shown on project manual and plans prepared by Corzo Castella Carballo Thompson Salman, P.A., Project No. 1108-023.0002. 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 parties will be asked to attend the Preconstruction Conference: BellSouth Telephone 01000-1 01108-023.0002 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 01108-023.0002 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 01108-023.0002 For Limerock Base, perform one (1) density test every 500 L.F. each lane (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. An electronic copy of record drawings in usable AutoCAD format shall also 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 01108-023.0002 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. 01000-5 01108-023.0002 1.21 DEMOLITION AND DISPOSAL A. Contractor shall be responsible for collection of all demolition debris and 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 01108-023.0002 SECTION 01010 SUMMARY OF WORK PART 1 GENERAL 1.01 LOCATION OF WORK A. Work site(s) are located in the Village of Key Biscayne. Refer to map of Wells. B. Reflects Table A and Table B in the Appendix. 1.02 WORK TO BE PERFORMED A. The Work to be performed under this Contract shall consist of providing equipment, materials, supplies, and manufactured articles; and for furnishing transportation and services, including fuel, power, water, and essential communications; and for the performance of labor, work, or other operations in strict accordance with the Contract Documents. B. Wherever the Contract Documents address a third party, i.e., subcontractor, manufacturer, etc., it is to be considered as the Contractor through the third party. C. Wherever a reference to number of days is noted, it shall mean calendar days. 1.03 GENERAL DESCRIPTION OF CONTRACT A. Remove silt, sand and debris from all 28 drainage wells. B. Re -develop the open -hole portion of each well as indicated. C. Submit Well Development Plan D. Measure depth components of well i.e., casing depth and total depth. E. Perform flow test of each well. F. Furnish and install new Well Grates. G. Change out manhole covers H. Convert grate well c over to bolted version. I. Maintain traffic J. Clean up site(s) 1.04 SEQUENCE OF CONSTRUCTION A. Following receipt of Notice to Proceed with the Work, the Contractor shall notify the Engineer and the Owner at least five days before he is ready to start actual construction to allow the Owner time to make arrangements for inspection of the 01010-1 01108-023.0002 Work. Rehabilitation work shall begin with drainage wells 3(w) and 4(e) on Ocean lane Drive. B. Work under the Contract shall be scheduled and performed in such a manner as to result in the least possible disruption to the operation of the Lift Station. Station control modifications shall not be made without first obtaining written permission from the Owner. C. In performing the work in the sequence, all requirements of the Contract Documents shall be strictly followed. SWITCHES BETWEEN THE EXISTING AND NEW WORK SHALL BE OPERATED BY THE OWNER. UNDER NO CIRCUMSTANCES SHALL THE CONTRACTOR'S PERSONNEL OPERATE SUCH SWITCHES. D. Temporary installation/connections may be used where sufficient time is not available to complete a particular aspect of the Work. All such subject temporary installations shall be subject to review and acceptance by the Engineer. E. The Contractor shall note that some areas of the Work require work on existing panels or conduit and structures which will require wastewater dewatering. F Cancellation of Planned Shutdown: A planned shutdown in accordance with the above described procedures may be cancelled by the Owner upon 24 -hour notification by the Owner to the Contractor. Such cancellation shall be expected due to wet inclement weather conditions or other conditions beyond the control of the Owner or Contractor. All efforts shall be taken to check weather forecasts and the like prior to scheduling station shutdowns. However, if a cancellation must occur, the Owner shall not be responsible for any additional costs associated with mobilization and demobilization. 1.05 ABANDONMENT/SALVAGE OF EXISTING FACILITIES A. The Work requires the Contractor to interface with existing structures, mechanical equipment, electrical facilities, and conduit which will be abandoned or otherwise removed and/or relocated as part of the Work. Prior to beginning any work associated with existing facilities to be abandoned, salvaged, or otherwise removed or relocated, the Contractor shall inform the Owner of his intent so that all arrangements can be made with the Owner for disconnecting electrical service (where appropriate), isolating conduits (where possible), or otherwise removing existing facilities from service to the extent possible. The Contractor shall not proceed without written authorization from the Owner. B. Conduits: The Contractor shall abandon, salvage, or otherwise remove existing conduit or segments of existing conduit shown to be abandoned in place, salvaged, or removed as part of the Contract work. Unless otherwise indicated in the Contract Documents, all conduit shown on the Drawings to be abandoned shall be abandoned in place. Conduit shown to be abandoned need only be removed a minimum three feet clear of new utilities to be installed. Abandon -in -place shall be defined as installing plugs, or other permanent closure, as reviewed and accepted by the Engineer on all terminations, open ends or ends of conduit designated as being cut, capped and anchored in an acceptable manner. The conduit will remain buried unless otherwise noted. 01010-2 01108-023.0002 C. Conduit indicated on the Drawings as being removed, or any conduit to be abandoned which interferes with new structures or conduit, shall be excavated and removed using methods which will not disturb adjacent conduit or other facilities. All conduit materials shall be subject to salvage by the Village as defined below. Any remaining conduit on both ends of conduit segments removed shall be abandoned in -place per the above definition. After conduit has been removed, the Contractor shall backfill the evacuated area in accordance with requirements set forth in other sections of these specifications. D. Salvage: The Owner may desire to salvage certain items of existing equipment which are to be dismantled and removed during the course of construction. Prior to removal of any existing equipment or conduit from the work site, the Contractor shall ascertain from the Engineer whether or not the particular item or items are to be salvaged. Items to be salvaged shall be stockpiled on the site, or delivered to a storage area at a location as directed by the Owner. All other items of equipment shall be disposed of off -site by the Contractor at his expense, in accordance with applicable laws, ordinances and regulations. 1.06 REHABILITATION A. Certain areas of existing structures, piping, conduits, and the like will be affected by work necessary to complete modifications under this Contract. The Contractor shall be responsible to rehabilitate those areas affected by its construction activities. B. Where new conduit is to be connected to existing piping, the existing conduit shall be cut square and the ends properly prepared for the connection shown on the drawings. Any damage to the lining and coating of the existing conduit shall be repaired by the Contractor. C. Disposal of Debris: All debris, materials, conduit, and miscellaneous waste products from the Work described in the section shall be removed from the project as soon as possible. They shall be disposed of in accordance with applicable federal, state, and local regulations. The Contractor is responsible for determining these regulations and shall bear all costs or retain any profit associated with disposal of these items. 1.07 CONTRACTOR USE OF PROJECT SITE A. The Contractor's use of the project site shall be limited to its construction operations, including on -site storage of materials, on -site fabrication facilities, and field offices, as noted on the Contract Drawings. 1.08 OWNER USE OF THE PROJECT SITE A. The Owner may utilize all or part of the existing facilities during the entire period of construction for the conduct of the Owner's normal operations. The Contractor shall cooperate with the Owner to minimize interference with the Contractor's operations and to facilitate the Owner's operations. 1.09 COORDINATION WITH OTHER CONTRACTS A. Contractor must coordinate this work with that of the Owner and other Contractors. 01010-3 01108-023.0002 1.10 PARTIAL UTILIZATION OF THE WORK BY THE OWNER A. The Contractor is hereby advised that the Owner may accept the responsibility for the maintenance and protection of a specific portion of the Project if utilized prior to Completion. However, the Contractor shall retain full responsibility for satisfactory operation of the total project. 1.12 PERMITS A. It shall be the Contractor's responsibility to secure all permits required to complete the work under this contract, except permits obtained by the Owner. B. No separate or direct payment will be made to the Contractor for permits and inspection requirements, but all such costs shall be included in the applicable items in the Schedule of Prices. The Owner will furnish signed and sealed sets of Contract Documents for permit use as required. 1.13 FIELD ENGINEERING A. The Contractor shall employ a Land Surveyor registered in the State of Florida and acceptable to the Engineer. The Contractor shall locate and protect survey control and reference points. B. Provide Field Engineering Services: Establish elevations, lines, and levels, utilizing recognized engineering survey practices. C. Submit a copy of registered site drawing and certificate signed by the Land Surveyor that the elevations and locations of the Work are in conformance with the Contract Documents. 1.14 DIMENSIONS AND LOCATIONS OF EXISTING STRUCTURES, PIPING AND UTILITIES A. Where the dimensions and locations of existing structures, piping, and utilities are of critical importance in the installation or connection of new work, the Contractor shall verify such dimensions and locations in the field before the fabrication of any materials or equipment which is dependent on the correctness of such information. PART 2 PRODUCTS - Not Used PART 3 EXECUTION - Not Used END OF SECTION 01010-4 01108-023.0002 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 01108-023.0002 SECTION 01340 SUBMITTALS AND SUBSTITUTIONS PART1 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 01108-023.0002 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 01108-023.0002 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 01108-023.0002 SECTION 01505 CONTROL OF WORK PART 1 - GENERAL 1.01 QUALITY OF WORK A. The Contractor shall furnish personnel and equipment which will be efficient, appropriate and large enough to secure a satisfactory quality of work and a rate of progress which will insure the completion of the work within the time stipulated in the Proposal. If at any time such personnel appear to the Engineer to be inefficient, inappropriate or insufficient for securing the quality of work required or for producing the rate of progress aforesaid, he may order the Contractor to increase the efficiency, change the character or increase the personnel and equipment, and the Contractor shall conform to such order. Failure of the Engineer to give such order shall in no way relieve the Contractor of his obligations to secure the quality of the work and rate of progress required. 1.02 PRIVATE LAND A. The Contractor shall not enter or occupy private land outside of easements, except by written permission of the private property owner. 1.03 PIPE LOCATIONS A. Pipeline shall be located substantially as indicated on the Drawings, but the Engineer reserves the right to make such modifications in locations as may be found desirable to avoid interference with existing structures or for other reasons. 1.04 OPEN EXCAVATIONS A. All open excavations shall be adequately safeguard by providing temporary barricades, caution signs, lights and other means to prevent accidents to persons, and damage to property. The Contractor shall, at his own expense, provide suitable and safe bridges and other crossings for accommodating travel by pedestrians and workmen. Bridges provided for access to private property during construction shall be removed when no longer required. The length of open trench will be controlled by the particular surrounding conditions, but shall always be confined to the limits prescribed by the Engineer. If the excavation becomes a hazard, or if it excessively restricts traffic at any point, the Engineer may require special construction procedures such a limiting the length of open trench, prohibiting stacking excavated material in the street, and requiring that the trench shall not remain open overnight. B. The Contractor shall take precautions to prevent injury to the public due to open trenches. All trenches, excavated material, equipment, or other obstacles which could be dangerous to the public shall be well lighted at night. 1.05 TEST PITS A. Test pits for the purpose of locating underground pipeline or structures in advance of the construction shall be excavated and backfilled by the Contractor at his cost at the direction of the Engineer. Test pits shall be backfilled immediately after their purpose has been satisfied and the surface restored and maintained in a manner satisfactory to the Engineer. 01505-1 01108-023.0002 PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.01 COOPERATION WITHIN THIS CONTRACT A. All firms or persons authorized to perform any work under this Contract shall cooperate with the General Contractor and his subcontractors or trades, and shall assist in incorporating the work of other trades where necessary or required. B. Cutting and patching, drilling and fitting shall be carried out where required by the trade or subcontractor having jurisdiction, unless otherwise indicated herein or directed by the Engineer. 3.02 PROTECTION OF CONSTRUCTION AND EQUIPMENT A. All newly constructed work shall be carefully protected from damage in any way. No wheeling or walking or placing of heavy loads on it shall be allowed and all portions damaged shall be reconstructed by the Contractor at his own expense. B. All structures shall be protected in a manner approved by the Engineer. Should any of the floor or other parts of the structures become heaved, cracked or otherwise damaged, all such damaged portions of the work shall be completely repaired and made good by the Contractor at his own expense and to the satisfaction of the Engineer. If, in the final inspection of work, any defects, faults or omissions are found, the Contractor shall cause the same to be repaired or removed and replaced by proper materials and workmanship without extra compensation for the materials and labor required. Further, the Contractor shall be fully responsible for the satisfactory maintenance and repair of the construction and other work undertaken herein, for at least the guarantee period described in the contract. C. Further, the Contractor shall take all necessary precaution to prevent damage to any structure due to water pressure during and after construction and until such structure is accepted and taken over by the Owner. END OF SECTION 01505-2 01108-023.0002 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 01108-023.0002 SECTION 01560 TEMPORARY CONTROLS PART 1 GENERAL 1.01 WORK INCLUDED A. Temporary Controls to protect the Work during construction and until final acceptance of the Work. 1.02 BARRIERS A. Provide barriers to prevent unauthorized entry to construction areas to allow for Owner's use of site, and to protect existing facilities and adjacent properties from damage from construction operations and demolition. B. Provide protection for plant life designated to remain. Replace damaged plant life. C. Protect vehicular traffic, stored materials, site, and structures from damage. 1.03 FENCING A. Provide commercial grade chain link fence or other similar type fencing as needed to protect work. B. Provide 4 foot high fence around construction site; equip with vehicular gates with locks. 1.04 DRAINAGE CONTROL A. Grade site to drain. Maintain excavations free of water. Provide, operate, and maintain pumping equipment. B. Protect site from puddling or running water. 1.05 PROTECTION OF INSTALLED WORK A. Protect installed Work and provide special protection where specified in individual Sections of these Specifications. B. Provide temporary and removable protection for installed Products. Control activity in immediate work area to prevent damage. C. Provide protective coverings at walls, projections, jambs, sills, and soffits of openings. D. Protect finished floors, stairs, and other surfaces from traffic, dirt, wear, damage, or movement of heavy objects, by protecting with durable sheet materials. E. Prohibit traffic or storage upon waterproofed or roofed surfaces. If traffic or activity is necessary, obtain recommendations for protection from waterproofing or roofing material manufacturer. F. Prohibit traffic from landscaped areas. 01560-1 01108-023.0002 1.06 SECURITY A. Provide security and facilities to protect Work, and existing facilities, and City's operations from unauthorized entry, vandalism, or theft. B. Coordinate with Owner's security program. 1.07 DUST CONTROL A. Execute Work by methods to minimize dust generation from construction operations B. Provide positive means to prevent air -borne dust from dispersing into atmosphere. 1.08 EROSION AND SEDIMENT CONTROL A. Plan and execute construction by methods to control surface drainage from cuts and fills, from borrow and waste disposal areas. Prevent erosion and sedimentation. B. Minimize amount of bare soil exposed at one time. C. Provide temporary measures as needed to prevent water flow into the Work. D. Construct fill and waste areas by selective placement to avoid erosive surface silts or clays. E. Periodically inspect earthwork to detect evidence of erosion and sedimentation; promptly apply corrective measures. 1.09 NOISE CONTROL A. Provide methods, means, and facilities to minimize noise from noise produced by construction operations. 1.10 POLLUTION CONTROL A. Provide methods, means, and facilities to prevent contamination of soil, water, and atmosphere from discharge of noxious, toxic substances, and pollutants produced by construction operations. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION - Not Used END OF SECTION 01560-2 01108-023.0002 SECTION 01640 PRODUCT HANDLING PART1 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 01108-023.0002 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 01108-023.0002 SECTION 01700 CONTRACT CLOSE-OUT PART 1 - GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.02 SUMMARY A. This Section includes administrative and procedural requirements for contract closeout including, but not limited to, the following: 1. Inspection procedures. 2. Project record document submittal. 3. Operation and Maintenance (0 & M) Manual(s) submittal. 4. Submittal of warranties. 5. Final cleaning. B. Closeout requirements for specific construction activities are included in the appropriate Sections of these Specifications. 1.03 SUBSTANTIAL COMPLETION A. Preliminary Procedures: Before requesting inspection for certification of Substantial Completion, complete the following (list exceptions in the request): 1. In the Application for Payment that coincides with, or first follows, the date Substantial Completion is claimed, the Contractor shall demonstrate 100 -percent completion for the portion of the Work claimed as substantially complete. a. Include supporting documentation required for completion as indicated in these Contract Documents and a statement showing an accounting of changes to the Contract Sum. b. If 100 -percent completion of the applicable portion of the Work cannot be shown, include a list of incomplete items, the value of incomplete construction, and reasons the work is not complete. 2. Advise the Owner of pending insurance changeover requirements. 3. Submit specific warranties, workmanship bonds, maintenance agreements, final certifications, and similar documents. 4. Obtain and submit releases enabling the Owner unrestricted use of the Work and access to services and utilities. Include occupancy permits, operating certificates, and similar releases. 5. Submit record drawings, operation and maintenance manuals, final project photographs, damage or settlement surveys, property surveys, and similar final record information as indicated. 6. Deliver tools, spare parts, extra stock, and similar items. 7. Make final changeover of permanent locks and transmit keys to the Owner. 8. Complete start-up testing of systems and instruction of the Owner's operation and maintenance personnel. Discontinue and remove temporary facilities from the site, along with construction tools and similar elements. 9. Complete final cleanup requirements, including touch up painting and coating. 10. Touch up and otherwise repair and restore marred, exposed finishes. 01700-1 01108-023.0002 B. Inspection Procedures: On receipt of a request for inspection, the Engineer will either proceed with inspection or advise the Contractor of unfilled requirements. The Engineer will prepare the Certificate of Substantial Completion following inspection or advise the Contractor of construction that must be completed or corrected before the certificate will be issued. 1. The Engineer will repeat inspection when requested and assured that the Work is substantially complete. 2. Results of the completed inspection will form the basis of requirements for final acceptance. 1.04 FINAL ACCEPTANCE A. Preliminary Procedures: When requesting final inspection, include exceptions in the request. Before requesting final inspection of the Work for certification of final acceptance and final payment, complete the following: 1 Submit the final payment request with releases and supporting documentation not previously submitted and accepted. Include insurance certificates for products and completed operations where required. 2. Submit an updated final statement, accounting for final additional changes to the Contract Sum. 3. Submit a certified copy of the Engineer's final inspection list of items to be completed or corrected, endorsed and dated by the Engineer. The certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance and shall be endorsed and dated by the Engineer. 4. Submit final meter readings for utilities, a measured record of stored fuel, and similar data as of the date of Substantial Completion or when the Owner took possession of and assumed responsibility for corresponding elements of the Work. 5. Submit consent of surety to final payment. 6. Submit a final liquidated damages settlement statement. 7. Submit evidence of final, continuing insurance coverage complying with insurance requirements. B. Reinspection Procedure: The Engineer will reinspect the Work upon receipt of notice that the Work, including inspection list items from earlier inspections, has been completed, except for items whose completion is delayed under circumstances acceptable to the Engineer. 1. Upon completion of reinspection, the Engineer will prepare a certificate of final acceptance. If the Work is incomplete, the Engineer will advise the Contractor of Work that is incomplete or of obligations that have not been fulfilled but are required for final acceptance. 2. If necessary, reinspection will be repeated. 1.05 RECORD DOCUMENT SUBMITTALS A. General: Do not use record documents for construction purposes. Protect record documents from deterioration and loss in a secure, fire-resistant location. Provide access to record documents for the Engineer's reference during normal working hours. B. Record Drawings: Maintain at least one clean, undamaged set each of Contract Drawings and Shop Drawings. Mark the sets to show the actual installation where the installation varies substantially from the Work as originally shown. Mark which drawing is most capable of showing conditions fully and accurately. Where Shop Drawings are used, record a cross- reference at the corresponding location on the Contract Drawings. Give particular attention to concealed elements that would be difficult to measure and record at a later date. 01700-2 01108-023.0002 1 Mark record sets with red erasable pencil. Use other colors to distinguish between variations in separate categories of the Work. 2. Mark new information that is important to the Owner but was not shown on Contract Drawings or Shop Drawings. 3. Note related Change -Order numbers where applicable. 4. Organize record drawing sheets into manageable sets. Bind sets with durable -paper cover sheets; print suitable titles, dates, and other identification on the cover of each set. C. Record Specifications: Maintain at least one complete copy of the Project Manual, including addenda. Include with the Project Manual one copy of other written construction documents, such as Change Orders and modifications issued in printed form during construction. 1. Mark these documents to show substantial variations in actual Work performed in comparison with the text of the Specifications and modifications. 2. Give particular attention to substitutions and selection of options and information on concealed construction that cannot otherwise be readily discerned later by direct observation. 3. Note related Record Drawing information and Product Data. 4. Upon completion of the Work, submit record Specifications to the Engineer for the Owner's records. D. Record Product Data: Maintain one copy of each Product Data submittal. Note related Change Orders and markup of record drawings and Specifications. 1. Mark these documents to show significant variations in actual Work performed in comparison with information submitted. Include variations in products delivered to the site and from the manufacturer's installation instructions and recommendations. 2. Give particular attention to concealed products and portions of the Work that cannot otherwise be readily discerned later by direct observation. 3. Upon completion of markup, submit complete set of record Product Data to the Engineer for the Owner's records. E. Record Sample Submitted: Immediately prior to Substantial Completion, the Contractor shall meet with the Engineer and the Owner's personnel at the Project site to determine which Samples are to be transmitted to the Owner for record purposes. Comply with the Owner's instructions regarding delivery to the Owner's Sample storage area. F Miscellaneous Record Submittals: Refer to other Specification Sections for requirements of miscellaneous record keeping and submittals in connection with actual performance of the Work. Immediately prior to the date or dates of Substantial Completion, complete miscellaneous records and place in good order. Identify miscellaneous records properly and bind or file, ready for continued use and reference. Submit to the Engineer for the Owner's records. G. Operation and Maintenance (0 & M) Manuals: Organize operation and maintenance data into suitable sets of manageable size. Bind properly indexed data in heavy-duty, 3 -ring, vinyl - covered binders, with pocket folders for folded sheet information. Mark appropriate identification on front and spine of each binder. Include the following types of information and any information indicated in Section 01730: 1. Emergency instructions. 2. Spare parts list. 3. Copies of guarantees and warranties. 4. Wiring diagrams. 5. Recommended "turn -around" cycles. 6. Inspection procedures. 7. Maintenance procedures and recommendations. 8. Shop Drawings and Product Data. 01700-3 01108-023.0002 PART 2 — PRODUCTS - Not Used PART 3 - EXECUTION 3.01 CLOSEOUT PROCEDURES A. Operation and Maintenance Instructions: Arrange for each Installer of equipment that requires regular maintenance to meet with the Owner's personnel to provide instruction in proper operation and maintenance. Provide instruction by manufacturer's representatives if installers are not experienced in operation and maintenance procedures. Include a detailed review of the following items: 1. Operation and Maintenance (0 & M) manuals 2. Record documents . 3. Spare parts and materials 4. Tools 5. Lubricants 6. Fuels 7. Identification systems 8. Control sequences 9. Hazards 10. Cleaning 11. Warranties and bonds 12. Maintenance agreements and similar continuing commitments B. As part of instruction for operating equipment, demonstrate the following procedures: 1. Start-up 2. Shutdown 3. Emergency operations 4. Noise and vibration adjustments 5. Safety procedures 6. Economy and efficiency adjustments 7. Effective energy utilization 3.02 FINAL CLEANING A. General: The General Conditions require general cleaning during construction. B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean each surface or unit to the condition expected in a normal maintenance program. Comply with manufacturer's instructions. 1. Complete the following cleaning operations before requesting inspection for certification of Substantial Completion. a. Remove labels that are not permanent labels. b. Wipe surfaces of mechanical and electrical equipment. Remove excess lubrication and other substances. c. Clean the site, including landscape areas, of rubbish, litter, and other foreign substances. Sweep paved areas broom clean; remove stains, spills, and other foreign deposits. Rake grounds that are neither paved nor planted to a smooth, even -textured surface. C. Removal of Protection: Remove temporary protection and facilities installed for protection of the Work during construction. 01700-4 01108-023.0002 D. Compliance: Comply with regulations of authorities having jurisdiction and safety standards for cleaning. Do not burn waste materials. Do not bury debris or excess materials on the Owner's property. Do not discharge volatile, harmful, or dangerous materials into drainage systems. Remove waste materials from the site and dispose of lawfully. 1. Where extra materials of value remain after completion of associated Work, they become the Owner's property. Dispose of these materials as directed by the Owner. END OF SECTION 01700-5 01108-023.0002 SECTION 02738 DRAINAGE WELL REHABILITATION PART 1 — GENERAL 1.01 WORK INCLUDED A. The Work performed under this Section includes the furnishing of all labor, materials, equipment, and all other facilities, and incidentals necessary to rehabilitate drainage wells at various sites in the Village of Key Biscayne. B. The Work also includes the furnishing of all labor, materials, equipment, and all other facilities and incidentals necessary and develop and conduct television survey of each well. C. The Contractor shall perform the Work complete, in place and ready for continuous service, and shall include repairs, replacements, and restoration required as a result of damages caused during this construction. D. The Contractor shall furnish and install all materials, equipment, and labor which are reasonably and properly inferable and necessary for the proper completion of the Work, whether specifically indicated in the Contract Documents or not. E. These Specifications are intended to give a general description of what is required, but do not cover all variations that may occur during well rehabilitation. The Specifications are intended to cover the successful rehabilitation and testing of the wells as herein specified, whether every detail is specifically mentioned or not. 1.02 RELATED WORK A. Section 01340 — Shop Drawings, Working Drawings and Samples. 1.03 REFERENCE TO STANDARDS AND REGULATIONS A. The latest revisions of the FDEP and South Florida Management District rules and regulations shall apply. 1.04 DESCRIPTIONS OF WELL REHABILITATION A. Approximately 28 drainage wells require rehabilitation for the Village of Key Biscayne. B. Wells are each 24" diameter with steel casings. Wells are approximately 80 to 100 feet deep and with approximately 60 ft. of casing; remainder is open hole. Wells have become clogged with silt, sand and debris and require being cleaned out and re -developed. Re -drilling may be required. Wells must be capable of accepting 4000 gpm at 5 feet of head. Contractor must test the completed wells and show proof the wells meet the acceptance criteria. Methodology requires submittal to Engineer. 02738-1 01108-023.0002 1.05 DESCRIPTION OF SITE A. The locations of the well sites are provided by the Owner. Obtaining electric power if needed from the Electric Company is the responsibility of the Contractor. Access to and storage at the sites may be limited. The Contractor shall be responsible for providing power equipment and sufficient site access. 6. The Contractor shall be responsible for temporarily fencing the area to be used for construction well rehabilitation. 1.06 PERMITS A. This is maintenance work and will not require a permit. 1.07 QUALIFICATIONS A. The Contractor responsible for rehabilitating the wells shall be licensed as specified in the Rules of the FDEP, Chapter 62-531, as a water well Contractor employing only competent workmen for the execution of this Work, and all such Work shall be performed under the direct supervision of an experienced well driller satisfactory to the Engineer and Owner. B. The well drillers shall be licensed in the State of Florida and shall be capable of identifying geologic formations and maintaining complete and current well logs and daily notes for the well completion reports. The well logs and daily notes shall be kept on site during drilling, developing and testing of the wells. C. The OWNER may make any other investigations deemed necessary to determine the ability of the Contractor to perform the Work, and the Contractor shall furnish to the OWNER all such information and data for this purpose as the OWNER may request. D. The Contractor shall furnish satisfactory evidence upon request that all materials to be furnished in performing the specified Work are new and all equipment to be used is in good working order. 1.08 DELIVERY, STORAGE, AND PROTECTION OF MATERIALS AND EQUIPMENT A. All materials and equipment shall be delivered and stored to provide protection so that no damage, deterioration and/or contamination will occur from time of shipment until installation and/or use is complete. 1.09 EQUIPMENT REQUIREMENTS A. The Contractor shall provide equipment in first-class working order. The Contractor shall use its own drilling equipment having the minimum capabilities and capacities necessary to do the described Work. 1.10 REMEDIAL WORK 02738-2 01108-023.0002 A. The Contractor shall bear the entire cost of the remediation, including associated engineering and geological costs, caused by the Contractor's failure to meet the requirements of the technical specifications and Contract Documents, due to defective materials, accident, loss of equipment, and/or failure of the equipment, and/or any cause directly attributable to the Contractor 's actions. B. The Contractor shall notify the Engineer immediately if a problem/event has been detected. C. The Contractor shall propose a method(s) to correct the problem, in writing, to the Engineer. The Engineer will review the proposed method(s) of corrective action and, if necessary, will submit the method(s) for regulatory approval. If the plan is accepted, the Contractor must receive written authorization from the Engineer prior to proceeding. D. The Contractor proposed remediation plan shall be in compliance and in accordance with all applicable federal, state and local regulations. 1 11 SUBMITTALS A. Within five (5) days following the rehabilitation conference, the Contractor shall submit in writing his plan for completing the work. B. During rehabilitation of the wells, a detailed daily driller's report shall be maintained and submitted as requested by the Engineer. C. The Contractor shall submit a detailed description of the proposed method(s) of well development. The description shall include, but not be limited to, the following: 1. All equipment to be used for well development operation including air compressors, surge tanks, surging devices, and air lines, as assembled. D. Upon completion of the production well repair/rehabilitation, the Contractor shall submit to the Engineer a report to include the following: 1. The total depth of the rehabilitated wells. 2. The depth or location of any lost drilling fluid, drilling materials, or tools. 3. The nominal hole diameter of the well bores above and below the casing seal. 1.12 WELL ACCEPTANCE CRITERIA A. The Contractor shall develop each well until, in the opinion of the Engineer. 1. The well is completely free of drilling fluids. 2. The water no longer is turbid during development. 3. The well is substantially free of sand. PART 2 — PRODUCTS 2.01 PUMPING EQUIPMENT A. The pump shall be adequate to inject sufficient water into wells to prove well capacity acceptance. 02738-3 01108-023.0002 B. A calibrated propeller -type totalizing flow meter shall be provided by the Contractor to measure flow during well testing. C. Valves suitable for controlling discharge through the pipe shall be provided by the Contractor. 2.02 WELL COVERS A. Secured well covers shall be used to cover the wells at all times during periods of no rehabilitation activities. No open holes will be tolerated during any shutdown. PART 3 — EXECUTION 3.01 WELL DEVELOPMENT A. Each well shall be actively developed by surging with compressed air using an air compressor capable of developing adequate pressure. Development shall continue until the Well acceptance has been met. B. The Contractor shall supply a surge tank a minimum of ten feet long and 24 inches in diameter to increase the volume of air available to surge the wells. The surge tank shall have an emergency pressure blow off for release. C. The Contractor must control, direct, and container water produced by development of the wells. Direction and control might include the use of storm drains, drainage ditches, canals, or lakes. The Contractor shall obtain written approval from the owner for methods of disposal of well development water. D. The Contractor shall maintain proper barricades, traffic control, and other requirements during well development and testing. 3.02 PROTECTION AND SITE CLEAN-UP A. At all times during the progress of the Work, the Contractor shall use all reasonable precautions to prevent either tampering with the wells or the entrance of foreign material into the wells. Each well shall be sealed at end of day. B. Immediately upon completion of each well the Contractor shall remove all of its equipment, materials and supplies from the site of the Work, remove all surplus materials and debris, fill in all holes or excavations, and grade the site to elevation of the surface levels which existed before work started. Failure to comply with these requirements shall be the authority of other Contractors or workmen selected by the Owner to enter upon the site and complete the cleaning up, etc. The cost of this work shall be deducted from any money due or to become due the Contractor for repair/rehabilitation of the wells. END OF SECTION 02738-4 01108-023.0002 APPENDIX A DRAINAGE WELL LOCATION MAP DRAINAGE WELL LOCATION MAP M 0 0.15 8-B 8-C 3 330 340 �- • «.. 0 2 , 1 ' 263 DR _ 1 2a5 190 2.55-'290 2901 10 .`., 2 ,'310 / ( �` 260 250 2401231221'1 20d '1 3011300 d 301 30010301 Z 295 � r 3�•1-\330• GS 705 '.269 , 315 3101cq� 315 i 310,8315,..-.- Vf�i ,' 325 f e , .X325 310 ( -NW1� 11375' 320 , 325 j 3 , 1 °..31 335 y, \ 335 290,280 4� 230 21 20,t.,,33532_5511\-3,3:3,04_0'1. 335 1 330 3�s 1 %aen i. 3,b,/ x\345 325 10 ' (3a5} 340 3so ) 355 ' • 36(Y•. Ste„ - . 12711 +I 41 23� 211 201 55` 350 '1` ' 3w� L --- ' • . 380 1 _ _ A _ 35, r - - 1 37S fiRJ 4` -'Itl^ DR _ A 36C! , 3591-360''C 36130 393 .. .. 385 910 yj 250 233 210200` - -8.7c,', 1'3751% 1 1 1 ] ' 1375}I 01 365 3'9 375 1381 3 1 361'3801 385'' 325 315 301 2 26 256 35 71:1201 3861 �' 355 3 1 38513801 lTrrNrllrR 1 ! L N7:SI 4(Y1 • 401. 40C• 13601 1340 330324 �10130r7 477 00,• , 401 400 401 400' ~401!4001 ' 40' ' _ II LLLLLL f�� ;425!420, / 415'4 .::42.6415 711` 415 ;412 ,42451,41,21212; 5 ;415 423 , j 161 34S 325311[30? 1 441 440 �_ _32E5,,,,_8;11301_, i..' Q7 4:155'47;2 25 42 4,12.1,,`, 22y 42451,5:424212: 25 ' 422 • . 1442-155 422 X45? f 7D LV 473 ,43 • 6 ' - ,, 1455+4501 .1-:7-1- 39L' 33 i11 S7(1 3,00.',..-4,5,--47.e: Police 2/4a4 468 '''• l(t514601 '3-675.41-334,- 45, 442'tij`�'I<5 ' 371 ,, ,_, 31� 301' 455 , 452', ,p55; • 4.< '455 453 47e' � Iy� - - 490. V" 47s ,14711 q0• `,L 1'AT,h_riti(N16 r�, _ 4651:1672,' 5 4f ;2 ;4s5 ' /501' _ 5011 •36(1350 10 300 4751/47! 475;4 475 72] 5 -�� •465: 417 14-551:4: (w) / 2 (e) '�"51S ` _ 515'1 11°611351 33 1311 301' AtlS 21 `411 5 e �`---- 1 ' .515 512, 1515; 5121 1515, 51?f 515 5721 515. 512 515 1 iI DEEC IINO0� 1 04.4411• 5UN I)R 527 5 527' 520' 525 •' 625'5:.4 ! ,,25''227 ,25,'i24 526 490 480 480 4S0 ;535527:57: 545 544 5451544 54515 — 545' 5441 . 185: 145' 1 119;101! -` ' 54 5441 - - - - 1 561 540 561 1 560' '-581I `• 63 5617 5801 1 5611560 �' 56T560, - _ ._ __-' - • Yrl'RF. 6-D - 1 s 475 1 314 y 573x+3011 573 570, _73757-1 5731 570) 577-1 701 , 56_ 570, • 3 - t� T 453 sI.Ixrl :`,11' — B se6 seoj 5 4 635 1 5 57+ 97(1 362 (33tq'i2Q 3rA 1 '124(1 __ 177 ' 2 1 ee r 1 595 592 • . +t:• 1 I'i8 1500 365 l. 11325 1' 206 .. t26_ 2411 17 911 .,08 4991 7 S ' " 7ltpyhlsl 1 9 y_ ��] _ ne i' �-; 630 eI r_\V 1-NID R N' L 10 �' X01 '35004 201 8001 005 6101 6812 805x610 805 810 _ 835 16'5 61 / 8?' 810 04 821 , 1 63 '635 9301 631i63C 829 828 1629 628 QC'j. 14 83,11'{RN(1R 635 Era. - 1 1625' -- _ 851 .540, d13 862 6-4•11- 640 ?� 7 18 --620 61 A "'245 N./�� 15 11451 lay , 101', \ - 2412 • � , •'29 FS CII 1 1 249 255 ; 238; •zoo , . • pg\ 23f1' ' (� 2240 (45 240 250 3q$, 2591 250 •� :SOt1 ' 245' 240\ - 75.10 251' r" - ' ( fir 310 A 335 1265 1 \'x,260 1 , 256- 2C, xq 12501 5„: 21)0 325'\ . 7C \, 277', 5 , 27c1, �'1. 2Fi0 270 J 2 270 OQ- ?85\ 20,\ •f+ 31St 785,1 •10011 ..7-0(-;'-'15-2.7 1- 5 2801 a _75x2701 rl..{i 275 280 5 2 78( 0.1' 85 300 , - 1270'1 �.' • _ ,_ _ - I , a`� 285 f 28°10 - 7-C 200 210 , 230 780 7-D Key B .. -yne Pre ., nan acht ub St. Agnes Catholic Church ■ II•\RI30R I)R 26o The Square 328 Village Green 15 03 Calusa 1; Park 1, • i, ;1 --- - fern S(»TSTrA nR / ¢ISvenie 700 1 3011, 300 ' ,` 30111 300 , 1, 301 300 1, 301 323:0'7;:;, _4 1�1,�332353''; 23'' 331.30,'152 33,25371,-1323300\;1.1:-\ 161,1 375, 320.1nj 325, 33320 :11',1'):333525 20 1) 325 330 1 1 335 1 330'' 337 3301 1 335'1 33 -'11:1' Z 1 335 340 ',/,'1, 345 ' 346 '1 �111 140 �f': 'I 345 36c I ' ,1 3651 364 1 C'' .166 357 IS 365 l 350 I x355 1- i- r 378 1 1 379 ' 378 3,9 4 3601 379 38° 1 365 —( 395 1 3901 ' 395 i 301 11 385 390 { r ref„eN — - 1°Ia 111• 1 1.11 1 _ O� 1 � x z. u zo 4 1e . 1a 4 .' 2 , 1; 1 NW(WC)/SW /--,'o i 1 GratK1 Day { Residences Iz/ej I ire I(w)/2(e)( gust Iw( !' _®ji °Aran° Ira SUNRISE UR NOM NMI 1 EMI ire 10 Terns Cotes 415 Lek ' 715' 3a5• yj j% /, 0710 _ , 7381 1774 H' 7251, 724 1,,, ;261725',(-.1 Laic V '475365 '1,_7.70,,,,, c0 715 \,� 11 I.I;NI) , t` y 137' - 'IS' 1'L_- 7?5 7 530, 7 `1775,, 7451 -1798 , 797'736 796', - •� .710 \ \ 76o 7 70 78q -I '1 749', - � _ 1:% 737, , �, 35 '20 ' '1 X738 '745\ po x781'780117 781�' 749748' °49°-7''./671:,,I.,7-1 0 745 `r 7.',0 _ ,170n\rj v{715` ,(155 17651T75 '71'51 7a1H- ',./.65T i '4,7612�783,$47-6;5,760 t ',1-,4961.1, _ - % " iY • • 740 `. 7 1 177 i 7-6 760' , ,41', i67 159 800 745 r 755`, ' '725 ' ('UR•I IS\6(X70 1 _.1 ' 7731 - 2 773 - 1 .7 _ -'� , I 1Sllr 1 V / •740 `.'785 720Th 1/2.750' 7 79q, • 791 , 784 ' ,772'-' , 7311 772a 17731 771 775 POINT \ 820 ' 174°7 / /25 , . 750 \ 730', 7454 80 11 • '` 7951-792 , 788\1-78i 1,--765, 784` '1178 ,1'..786 785 r 101 c 1l// 714_‘,\745 IiURRIC ANN: ; 775' �7' 775 755 N .4 '41 r ' 715 ' 760 \ 75 74O 1 X99 'x, 7p 7Td 2169 265; `1 799 794 797- 790 x797' - �'N �arT ! 73+ / 7p. i0t IL1RI3oR 76e �s'•t. —�� \\ bL DR A� 770 '750 , 721 , 710 • ' 698 no ,6011,,-76°,11, 29c 268 zeal 124. 224 200 8811761 491 to 1 92 8 700 855 ' 915 770 1 r__ 1 1 1 739 �4 111 . `/w, / ,,�i 780 \• •818' �, 411\40041 '33° 3211 3111 301x281727+ 1 + x+ 711 12311 221 211 I+8111611 151 114111311 i �'�+ 701 421 I ( 1211 d4D 611 441 ,, 250 2401230 2201 200 11901 180 15� 130 '700 ,,12 t 651 /• 601 420 410 00 35 310 280 27 1260 670 / & r,t,,„ B:7' �.. A 1 1 66(7 8<17" 1{ 591 571 42$- - 7 ' 851 1 650 \ x'611 0600 501 840 / ' 1'61 e ' 925 640 601N57155071:57/4550‘4'. 570 d 681 1 850 `� ' - \' 57861 \1000'54'5,1::',:p°51023 630'620-- , 571 „ 560 `� � ' /880 , 4,?. ` , 591 940 561 560 \ 511 970 ,P i 001 610 551 540 501 , 481.' ' 880 �( j. ` 911 / 800 54' ,, 530 .-..4',N1, 471 431 1� �jR /921 " 548 531 520 \ '47,x. 491 - 931 1020; 1045 ' 530 `'521 . 500 , ' 480 X79,,' , , 810' , 941 ` 511'' '5v` 1 46 490 92C, . v 520 ' i 930 � 951 510 `i40 - X940 981 ' •950 SIX) 451 '490 , ` , 461 / 460 Y4 '1 Miles "LGGLFk,s ( 01,,• HD -1 Harbor Point 6 tchool 6451 640 L- 641 640 855 650 655* 650 ' 6:51854 1653 652 405 652 855 x'624 1 mu 1 , _'L 1?, I,YIU 1?1L L055 630 042 555'683; r 665 960 66711666 0,,.,865 664 1'663662 683 662• 665 664 u1•O4 ' __ _- 685 3751 ,3S51 345 B670i 575 670 I 879r 8781 677 676 1 -6741 els e7o 677 878 -- _ 677 676 ' 3 D - - -661°68° - vi 680 6911 690 9' 6901 1 687 6681 8.9 668 - 1 z• 28 680 1 Bsy. 1 1 _ , 1 660 966 685 � 6641 - , _, -1 1691 -990 , 1 --1 370-1 880 t �1' B00 J 695 60' _ - _ I X79 898 (. 00 - 1 -19 - ago m; Bab v , 665. 308 �i ....-21;3,-,;,i z/e z8� 1249 121i201. 710 D -700 690 'O487 CI 706/ \-'71 +745755 765--1171189 ,724181 72S ' 11 `715 714.5 701 1-28 7,7 .,,,s„. OQ DR 7p'710�% 669 650, 571 L� eao a3i t 1 >_ 1 r II 1 -11 /101 J 91 150 " v, 01 E ENID�UR CRIB]) HA V F the UBean 27 Club SZ.Kr 1'N - DR 4\41 1 231 �+ t2111201 1 1311 12+\ 10 L _I 1 `T -,_ NO1LW53OU , 1 250 1 240 1230 2201 21012001 130 1 120' • 110. 71 / 90 ,' 61 60 51 50 / 40 30 1 _1 16111511 1411131'11211111' 10 211 201 171, PI N1,S CANAL 41 21 Dade County CrarrIon Park 3(w) • 425 Bay Condo 1(w)/2(e) Ritz Cartton Hotel E) Village Beach Park -,3(E), 385 10 Baggs Cape Florida \ State Recreation Area APPENDIX B TABLE A -CONDITION OF DRAINAGE WELLS TABLE A VILLAGE OF KEY BISCAYNE * ... v..... v. ', n •r -•‘...,I rr L LL 119 Vr G1� 11V1'4 l Project Well Year Constructed Original Cased Depth Original Total Depth Current Total Depth Comments East Heather Dr. 1 (w) 1995 75' 115.5' 95.5 Net 17' of silted open hole 2(e) 1995 73' 100' 85' Net 12' of silted open hole Ocean Lane Dr. 3(w) 1995 51' 88' 62.5 Net 22.5 of silted open hole 4(e) 1995 51' 89' 69.5 Net 16.5' of silted open hole Sunrise Drive S -29(e) 1995 52' 86' 83.5 No silted open hole; needs grate S13(w) 1995 84' 118' 114' Net 1' of silted open hole, insignificant Basin 1-8 3-A 1997 40' 53' 48' Net 2' of silted open hole 3-B 1997 40' 54' 43' Net 8' of siled open hole 3-C 1997 60' 80' 74.5' Grate clogged with sticky mud, net 2.5' of silted open hole, insignificant 3-D 1997 60' 80' 69.5 Net 7.5' of silted open hole 4-11 1997 40' 57' 45.5' Net 8.5' of silted open hole 5-15 1997 40' 60' 50.5' Net 6.5' of silted open hole 6-A 1997 60' 80' 66' Net 11" of silted open hole 6-B 1997 60' 80' 39' Completely silted open hole and up into casing 6-C 1997 60' 80' 60' Net 17' of silted open hole 6-D 1997 60' 80' 70.5 Net 6.5' of silted open hole 7-A 1997 80' 100' 87' Net 10' of silted open hole 7-B 1997 78.5' 120' 108' Net 9' of silted open holte 7-C 1997 60' 100' 87' Net 10' of silted open hole 7-D 1997 58.5' 80' 65.5' Net 11.5' of silted open hole; needs manhole frame and cover 8-A 1997 60' 81' 64.5' Net 13.5' silted open hole 8-B 1997 58' 80' 69' Net 8' of silted open hole 8-C 1997 60' 80' 65' Net 12' of silted open hole; needs manhole frame and cover 1-28 1997 40' 80' 2-24 1997 40' 60' Westwood Drive S-19 1998 76' 90' 85' Net 2' of silted open hole; insignificant East End Drive 1(w) 1999 74' 96' 94.5' No silted open hole 2(c) 1999 61' 95' 89.5 Net 2.5' silted open hole; insignificant 3(e) 1999 51' 69' 68' No silted open hole Fire Rescue Bldg 1(w) 2002 63.5 79.5 32' Completely silted open hole and up into casing 2(e) 2002 41' 60' 53' Net 4' of silted open hole Polie & Admin. Bldg 1(w) 2002 42' 60' 52.5' Net 4.5' of silted open hole 2(e) 2002 44' 60' 52.5 Net 4.5' of silted open hole; needs grate Community Center NE 2003 74' 101' 98' No silted open hole; manhole cover labeled "sanitary" NW(wc) 2003 69' 101' 99.5 No silted open hole; manhole cover labeled "sanitary" SW 2003 72' 101' 95.5 Net 2.5 silted open hole; insignificant manhole cover labeled "sanitary" Harbor Drive Un-numbered 2005 60' 82' 75.5 Net 3.5" silted open hole (*) Inspection completed in 2009 APPENDIX C TABLE B -DRAINAGE WELLS SCHEDULE OF WORK TABLE B VILLAGE OF KEY BISCAYNE DRAINAGE WELLS SCHEDULE OF WORK Project Well Year Constructed Original Cased Depth Original Total Depth Current Total Depth Summary of Work East Heather Dr. 1 (w) 1995 75' 115.5' 95.5 Clean Re -develop Test 2(e) 1995 73' 100' 85' Clean Re -develop Test Ocean Lane Dr. 3(w) 1995 51' 88' 62.5 Clean Re -develop Test 4(e) 1995 51' 89' 69.5 Clean Re -develop Test Sunrise Drive S -29(e) 1995 52' 86' 83.5 Fumish & install grate S13(w) 1995 84' 118' 114' No work Basin 1-8 3-A 1997 40' 53' 48' Clean Re -develop Test 3-B 1997 40' 54' 43' Clean Re -develop Test 3-C 1997 60' 80' 74.5' Clean Re -develop Test 3-D 1997 60' 80' 69.5 Clean Re -develop Test 4-11 1997 40' 57' 45.5' Clean Re -develop Test 5-15 1997 40' 60' 50.5' Clean Re -develop Test 6-A 1997 60' 80' 66' Clean Re -develop Test 6-B 1997 60' 80' 39' Clean Re -develop Test 6-C 1997 60' 80' 60' Clean Re -develop Test 6-D 1997 60' 80' 70.5 Clean Re -develop Test 7-A 1997 80' 100' 87' Clean Re -develop Test 7-B 1997 78.5' 120' 108' Clean Re -develop Test 7-C 1997 60' 100' 87' Clean Re -develop Test 7-D 1997 58.5' 80' 65.5' Clean Re -develop Test Fumish & install MH frame and cover 8-A 1997 60' 81' 64.5' Clean Re -develop Test 8-B 1997 58' 80' 69' Clean Re -develop Test 8-C 1997 60' 80' 65' Clean Re -develop Test Fumish & install MH frame and cover 1-28 1997 40' 80' Owner to locate well. Contractor to determine well conditions 2-24 1997 40' 60' Owner to locate well. Contractor to determine well conditions Westwood Drive S-19 1998 76' 90' 85' No work East End Drive 1(w) 1999 74' 96' 94.5' No work 2(c) 1999 61' 95' 89.5 No work 1999 51' 69' 68' No work Fire Rescue Bldg 1(w) 2002 63.5 79.5 32' Clean Re -develop Test 2(e) 2002 41' 60' 53' Clean Re -develop Test Polie & Admin. Bldg 1(w) 2002 42' 60' 52.5' Clean Re -develop Test 2(e) 2002 44' 60' 52.5 Clean Re -develop Test Fumish & install grate. Community Center NE 2003 74' 101' 98' Furnish and install new MH cover NW(wc) 2003 69' 101' 99.5 Fumish and install new MH cover SW 2003 72' 101' 95.5 Furnish and install new MH cover Harbor Drive Un-numbered 2005 60' 82' 75.5 Clean IRe-develop ITest 1 APPENDIX D WELL INSPECTION REPORT 7110:19.111111:11111111 WELL DRILLING 1/28/10 Village Of Key Biscayne Dept. Of Public Works 88 West McIntyre Street Key Biscayne, FL 33149 Attn: Armando Nunez Armando, Jaffee Well Drilling, a Division of A.C. Sci oftes of Florida, inc. 1451 SE 901 : ourt Hialeah, Florida 33010 Jade; 305/576-7363 froward: 954/523-6669 Fag: 305/57343711 RE: Village Wide Storm Drainage Well Inspections Report Presented in the attached table is data gathered from file review and field inspection. The two (2) wells on Sunrise Drive, the Westwood Drive well, the time (3) wells on East Enid Drive and the three (3) Community Center wells have lost from between 0' to 2.5' of open hole due to the accumulation of silt and or debris. These wells do not appear to be in need of redevelopment at this time. Wells constructed in 1997 for the Basins 1-8 project are the most heavily silted of the Village's wells. Fifteen (15) of the wells (3 -B,3 -D,4 -11,5 -15,6 -A,6 -B,6 -C,6 -D,7 -A,7 -B,7 - C,7 -D,8 -A,8 -B and 8-C) have significant accumulations of silt and or debris and should be scheduled for redevelopment. Well 6-B has an open hole interval completely filled. Two (2) wells in Basins 1-8, designated 1-28 and 2-24, have not been located after considerable effort by Jaffer with the assistance of the Village. The two (2) wells on East Heather Drive and the two (2) wells on Ocean Lane Drive are in need of redevelopment. The #1 (w) well at the Fire Rescue Building has a completely silted up open hole interval and is in need of redevelopment. The #2(e) well at the Fire Rescue Building and the two(2) wells at the Police and Administration Building as well as the 2005 unnumbered Harbor Drive well have accumulations of from 3.5' to 4.5' of silt in their open hole intervals. Unless there has been reports of inadequate drainage at the location of these four (4) wells, redevelopment could be postponed until the future. Two (2) wells in Basins 1-8 (1-28; 2-24) were not located in their reported locations. The lengthy effort made in the vicinity of both locations by Jaffer was unsuccessful. Sincerely, //Lir- /21 a47 William McCluskey Jaffer Well Drilling A Division of A.C. Schultes of FL, Inc. CC: John O'Brien