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HomeMy Public PortalAbout1994 Stormwater Improvement Plans - Holyday Colony Ocean Lane-Sunrise Dr.tifCONTRACT DC'N 711\11ENTS FOR HOLIDAY COLONY OCEAN LANE & SUNRISE DRIVES STORMWATER IMPROVEMENT PLANS Partially Funded by U.S. Department of Commerce VILLAGE OF KEY BISCAYNE Village Council: John F. Festa, Mayor Joe I. Rasco, Vice Mayor Mortimer Fried Raul Llorente Betty Sime Raymond P. Sullivan John Waid C. Samuel Kissinger - Village Manager NOVEMBER 1994 ---+ Prepared By: Williams, Hatfield & Stoner, Inc. Consulting Engineers • Planners • Surveyors 3191 Coral Way, Suite 804 Miami, Florida 33145 EDA NO. 04-59-04009 ENGINEER'S PROJECT NO. 4111.00 4111-COV WPCa4i9P/111694 n JIi R'5 VILLAGE OF KEY BISCAYNE ,• HOLIDAY COLONY OCEAN LANE & SUNRISE DRIVES STORMWATER IMPROVEMENT PLANS ADDENDUM No 1 December 2, 1994 TO ALL BIDDERS: The following modifications, substitutions, deletions, changes and additions are hereby made to the Specifications, Contract Documents and Plans. The following is used for clarifications in this addendum - insert, delete 1. General Comments resulting from the pre -bid conference. la. The Construction budget for this Improvement project is 1.4 million. lb. The 1" final pavement overlay over both roadway lanes will he placed after all construction has been completed. 2. Plans: Sheet C - 4 - Add a structure as shown on the attached Sketch 1, dated Dec. 2, 1994. Sheet C - 5 - Add utilities as shown on the attached Sketch 2, dated Dec. 2, 1994. 3. Contracts Documents. Page IB-4, paragraph 11.2 shall he deleted and the following inserted: 11.2 Proposals (Bid Forms) must be completed in ink or by typewriter. In case of mathematical errors, the quantity times the unit price will govern and the summary of the bid items costs will govern over the total or subtotal amount. Page IB-6, paragraph 16.7 shall be deleted and the following substituted: 16.7 Reasonable efforts will be made to either award the Contract or reject all bids within ninety (90) calendar days from the date of bid opening. A bidder may not withdraw its hid before the expiration of ninety (90) calendar days from the date of bid opening. A bidder may withdraw its bid after the expiration of ninety (90) clays from the date of bid opening by delivering written notice of withdrawal to the Owner. Page A-4, Paragraph 5.2. Add the following to the first sentence: Upon final completion, Release of Lien and acceptance of the work .... Key Biscayne Holiday Colony Addendum No 1. December 2, 1994 Page 2 Page A-4, Paragraph 5.3. Add the following to the first sentence: Ten percent of all monies earned by the Contractor shall be retained by the Owner until 50% completion of the Project. Then five percent of all monies shall he retained until the project is totally completed .... Specifications. Page GCP-1, paragraph 2A. add the following to the end of the first paragraph. Specification Sections 100, 101, 102, 104, 380, 425, 430, 444 and 455 are amendments to the FDOT Standard Specifications sections as referenced above. The second part of paragraph 2A shall be deleted and the following inserted: * The Florida Department of Transportation "Roadway and Traffic Design Standards" dated January 1994 and all addenda thereto. Page DS -102-1, paragraph 102-2.1 shall be modified as follows: The third paragraph shall read: In performing the work one block at a time, the Contractor shall limit the amount of open ditch at any one time with one crew to one block (maximum 600 feet). The work in each block, including excavation, pipe laying, and backfilling aid permanent paving; shall be completed before proceeding with the work in the next block. The fourth paragraph shall read: In addition, permanent 1" temporary paving as shown on the Roadway restoration detail shall be placed on a weekly basis to cover the completed pipe sections. See section 380 for additional details. End of Addendum No 1 Prepared by: Linda M. Bell, P.E. Williams, Hatfield & Stoner, Inc. 3191 Coral Way, Suite 804 Miami, FL 33145 Ph: 448-4429 Fax:448-8681 F).\4111\4 l 11 ADM 1.SPC TABLE OF CONTENTS SECTION PAGE NUMBER NOTICE TO CONTRACTORS NTC-1 INSTRUCTIONS TO BIDDERS IB-1 to IB-6 1. Defined Terms IB-1 2. Copies of Bidding Documents IB-1 3. Qualifications of Bidders IB-1 4. Examination of Contract Documents and Site . . . IB-1 5. Interpretations IB-2 6. Bid Security IB-2 7. Contract Time IB-3 8. Liquidated Damages IB-3 9. Substitute Material and Equipment IB-3 10. Subcontractors IB-3 11. Proposal IB-4 12. Submission of Bids IB-4 13. Modifications of Withdrawal of Bids IB-5 14. Opening of Bids IB-5 15. Bids to Remain Open IB-5 16. Award of Contract IB-5 17. Performance and Other Bonds IB-6 18. Signing of Agreement IB-6 19. Trench Safety Act IB-6 20. Lobbying IB-6 21. Wage Rates IB-6 22. EDA/Non-EDA Work IB-6 PROPOSAL P-1 to P-9 AGREEMENT A-1 to A-11 PERFORMANCE AND PAYMENT BOND PB-1 to PB-3 RELEASE OF LEIN RL-1 NOTICE OF AWARD NOA-1 to NOA-2 NOTICE TO PROCEED NTP-1 APPLICATION FOR PAYMENT AP -1 GENERAL CONDITIONS (EJCDC 1990 EDITION) GC -1 to GC -49 4111-00A.SPC/69P/111594 1 2 TABLE OF CONTENTS SECTION PAGE NUMBER SUPPLEMENTARY CONDITIONS SC -1 to SC -13 1. Subcontractors and Principal Material Manufacturers SC -1 2. Insurance SC -1 3. Resident Project Representative SC -3 4. Estimated Quantities SC -3 5. Deletions and Modifications to the General Conditions SC -3 6. Utilities SC -4 7. Construction Schedule SC -6 8. U.S. Department of Transportation Manual on Uniform Traffic Control Devices SC -6 9. Site Conditions SC -6 10. Definitions SC -6 11. Noise Abatement SC -6 12. Line and Grade SC -7 13. Protection and Restoration of Survey Monuments SC -7 14. Equipment SC -7 15. Storage Sites SC -8 16. Lump Sum Bid Items SC -8 17. Hurricane and Storm Warnings SC -8 18. Dust Prevention SC -8 19. Power SC -8 20. Agreements with Property Owners SC -8 21. Damage to Public or Private Property SC -9 22. Damages for Delay SC -9 23. Compliance with Occupational Safety and Health Act SC -9 24. Public Entity Crimes SC -10 25. Christmas Holiday SC -11 26. Licenses and Permits SC -11 27. Equal Employment Opportunity SC -12 28. Video Record/Project Photographs SC -12 29. Contractor's Work Hours SC -12 30. Shop Drawings SC -13 31. Failed Tests SC -13 4111-00A.SPC/69P/092994 ii TABLE OF CONTENTS SECTION PAGE NUMBER EXHIBITS Exhibit A - Village of Key Biscayne Ordinance 93-16 Establishing Prohibitions Against Excessive Noise Exhibit B - Supplemental General Conditions (EDA) Exhibit C - Duties, Responsibilities, and Limitations of the Authority of the Resident Project Representative Exhibit D - Sworn Statement on Public Entity Crimes Pursuant to Section 287.133(3)(a), Florida Statutes Exhibit E - Contract Clause - New Restrictions on Lobbying Exhibit F - Notice of Requirements for Affirmative Action Exhibit G - Wage Rates DETAILED SPECIFICATIONS General Construction Provisions GCP-1 100 Allowance Account DS -100-1 to 2 101 Mobilization and Site Video DS -101-1 102 Maintenance of Traffic DS -102-1 104 Prevention, Control and Abatement of Erosion and Water Control DS -104-1 380 Pavement Restoration DS -380-1 to 3 425 Inlets, Manholes and Junction Boxes DS -425-1 430 Pipe Culverts and Storm Sewers DS -430-1 to 3 444 Deep Drainage Well System DS -444-1 to 3 455 Steel Sheet Piling (Temporary) DS -445-1 02219 Concrete Structures for Pump Stations DS -02219-1 to 3 02610 Pump Station Pipe, Fittings & Appurtenances . DS -02610-1 to 12 02721 Storm Sewer Rehabilitation DS -02721-1 to 6 11214 Turbine Pumps - Storm Drainage Pump. System DS -11214-1 to 6 16050 Electrical DS -16050-1 to 14 GEOTECHNICAL ENGINEERING STUDY GES-1 to GES-7 4111-00A.SPC/69P/111594 y iii NOTICE TO CONTRACTORS Sealed bids will be received until 3 p.m. on Thursday. December 15. 1994, in the Office of the Village Manager, Village of Key Biscayne, 85 West McIntyre Street, Florida, 2nd Floor of the Village Hall, and opened immediately thereafter in the Council Chambers, 2nd Floor of the Village Hall, for Holiday Colony. Ocean Lane and Sunrise Drives Stormwater Improvement Plans. This project involves construction of stormwater improvements within eight streets in the Holiday Colony area, Ocean Lane and Sunrise Drives, of the Village of Key Biscayne. Work includes approximately 7,700 lineal feet of stormwater pipe and appurtenances, two pump stations, six drainage wells, replacement of the asphaltic concrete roadway pavement and sodding needed for the drainage construction. Part of this project is funded by the U.S. Department of Commerce, Economic Development Administration. The amount for construction for the Holiday Colony Area (Project No. 04-59-04009) is 100% Federal funds. This project is subject to the requirements of affirmative action goals and salary control of the "Davis - Bacon Act". A goal of 39.5% minority participation and 6.9% female participation has been set in compliance with Executive Order 11246 and 41 CFS Part 60-4. Bidding blanks may be obtained at the Office of the Village Manager. Plans and specifications are on file in the Office of the Village Manager. Drawings and specifications may be obtained by prospective bidders at the Office of the Village Manager after November 17. 1994, for a non-refundable charge of Fifty Dollars ($50.00) for each complete set. Make checks payable to the Village of Key Biscayne. A certified check, cashier's check, bank officer's check, or bid bond for 5% of the amount bid, made payable to the Village of Key Biscayne, shall accompany each proposal. The Village of Key Biscayne reserves the right to waive any informality in any bid and to reject any or all bids. A pre -bid conference will be held on Thursday. December 1. 1994, at 1:30 p.m. at Council Chambers, 2nd floor of the Village Hall, 85 West McIntyre Street. Attendance at the pre -bid conference is highly recommended as a source of information, but is not mandatory. Guido H. Inguanzo, Jr. City Clerk 4111-00A.SPC/69P/111594 NTC-1 INSTRUCTIONS TO BIDDERS 1. Defined Terms: Terms used in these Instructions to Bidders, which are defined in the Standard General Conditions of the Construction Contract, Engineers Joint Contract Document Committee (EJCDC) Document 1910-8 (1990 edition) have the meanings assigned to them in the General Conditions. The term "Successful Bidder" means the lowest, qualified, responsive, responsible Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term EDA means the U.S. Department of Commerce, Economic Development Administration. 2. Copies of Bidding Documents: 2.1 Complete sets of the Contract Documents in the number and for the deposit sum, if any , stated in the Advertisement or Invitation may be obtained from the Owner. 2.2 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. Qualifications of Bidders: No Proposal will be accepted from, nor will any Contract be awarded to, any person or firm who is in arrears to Owner, upon any debt or contract, or who is in default, as surety or otherwise, upon any obligation to said Owner, or who is deemed irresponsible or unreliable by Owner. Owner shall have the right to investigate the financial condition, experience record and equipment of each prospective bidder and determine to Owner's satisfaction the competency of each to undertake the Project. All information requested by Owner to assist in this regard shall be furnished by Contractor within five days of such request. 4. Examination of Contract Documents and Site: 4.1 Before submitting a Bid, each Bidder must (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations affecting performance of the Work; and (d) study and carefully correlate his observations with the requirements of Contract Documents. 4111-00A.SPC/69P/092994 IB-1 'O 4.2 Reference is made to the Supplementary Conditions for the identification of available surveys and investigative reports near the site or otherwise affecting performance of the Work which have been relied upon by Engineer in preparing the Drawings and Specifications. Owner will make copies of such surveys and reports, which are not bound into these documents, available to any Bidder requesting them. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Contract Documents. Before submitting its Bid, each Bidder will, at his own expense, make such additional surveys and investigations as he may deem necessary to determine the site conditions and its affect on the Bid price for performance of the Work within the terms of the Contract Documents. 4.3 The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this Article 4 and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. 5. Interpretations: All questions about the meaning or intent of the Contract Documents shall be submitted to Engineer in writing. Replies will be issued by addenda and mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date .for opening of Bids will not be answered. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6. Bid Security: 6.1 The amount and type of Bid Security is stated in the Advertisement for Bids. The required security must be in the form of a certified or bank cashier's check made payable to Owner or bid bond issued by a surety licensed to conduct business in the state where the Project is located and named in the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Department. 6.2 The Bid Security of the successful Bidder will be retained until he has executed the Agreement and furnished the required Contract Security, whereupon it will be returned; if he fails to execute and deliver the Agreement and furnish the required Bid Security within 15 days of the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. 4111-00A.SPC/69P/092994 IB-2 The Bid Security of any Bidder whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the executed Agreement is delivered by Owner to Contractor and the required Contract Security is furnished, or the sixty-first day after the Bid opening. Bid Security of other Bidders will be returned within seven days of the Bid opening. 7. Contract Time: The number of days within which, or the date by which, the Work is to be completed is set forth in the Proposal (Bid Form) and will be included in the Agreement. 8. Liquidated Damages: Provisions for liquidated damages, if any, are set forth in the Agreement. 9. Substitute Material and Equipment: The Contract, if awarded, will be on the basis of material and equipment described in the drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement." The procedure for submittal of any such application by Contractor and consideration of Engineer is set forth in Article 6.7 of the General Conditions which may be supplemented in the Supplementary Conditions. 10. Subcontractors: 10.1 If the Supplementary Conditions or Specifications require the identity of certain subcontractors and other persons and organizations to be submitted to Owner in advance of the Notice of Award, the apparent Successful Bidder, and any other Bidder so requested, will within seven days after the day of the Bid opening submit to Owner a list of all subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for those portions of the work as to which such identification is so required. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of qualification for each such subcontractor, person and organization if requested by Owner. If Owner or Engineer after due investigation has reasonable objection to any proposed subcontractor, or other person or organization, either may before giving the Notice of Award request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent Successful Bidder declines to make any such substitution, the contract shall not be awarded to such Bidder, but his declining to make any such substitution will not constitute grounds for forfeiting his Bid Security. Any subcontractor, other person or organization so listed and to whom Owner or Engineer does not make written objection prior 4111-00A.SPC/69P/092994 IB-3 3 to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer. 11. Changed in Addendum No. 1 10.2 No Contractor shall be required to employ any Subcontractor, other person or organization against whom he has reasonable objection. Proposal (Bid Form): 11.1 The Proposal (Bid Form) is attached hereto; additional copies may be obtained from the Owner. 11.2 P-rope-sals (-8i-d—Forms)--must be eemple ite- i-he—tota Ti wardrgand —qua cdence. 11.3 Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall bq affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 11.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 11.5 All names must be typed or printed below the signature. All signatures shall be dated by the signer. 11.6 The Bid shall contain an acknowledgment of receipt of all addenda (the numbers of which shall be filled in on the Proposal (Bid Form)). 11.7 The address to which communications regarding the Bid are to be directed must be shown. 11.8 The proposal must contain a signed Exhibit "D" - Sworn Statement on Public Entity Crimes. 11.9 The proposal must contain the Proposal Questionnaire (pages P-6 through P-9). 12. Submission of Bids: Bids shall be submitted at the time and place indicated in the Advertisement for Bids shall be included in an opaque, sealed envelope, marked with the Project title and name and address of the Bidder and accompanied by the Bid Security and other required documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face thereof. No bids will be received after the specified time. 4111-00A.SPC/69P/111594 IB-4 13. Modification or Withdrawal of Bids: Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14. Opening of Bids: Bids will be opened publicly and read aloud, and an abstract of the amounts of the base Bids and major alternates (if any) will be made available after the opening of Bids. 15. Bids to Remain Open: All Bids shall remain open for ninety days after the day of the Bid opening, but Owner may, in his sole discretion release any Bid and return the Bid Security prior to that date. 16. Award of Contract: 16.1 Owner reserves the right to reject any and all Bids and waive any and all informalities and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive or conditional Bids. The Owner also reserves the right to add or delete a work item or any portion thereof within this contract at the contracted unit price without penalty to the Owner or Engineer. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 16.2 In evaluating Bids, Owner shall consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and alternates and unit prices if requested in the Bid forms. 16.3 Owner may consider the qualifications and experience of Subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the work as to which the identity of subcontractors and other persons and organizations must be submitted as provided in the Supplementary Conditions or Specifications. Operating costs, maintenance considerations, performance data and guarantees of materials and equipment may also be considered by Owner. 16.4 Owner may conduct such investigations as he deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidders, proposed Subcontractors and other persons and organizations to do the work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 16.5 Owner reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to Owner's satisfaction. 4111-00A.SPC/69P/111594 r IB-5 16.6 If a contract is to be awarded, it will be awarded to the lowest, responsive, responsible Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Owner. Changed , in Addendum No. 1 17. Performance and Other Bonds: Article 5.1 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to Owner it shall be accompanied by the required Contract Security. 18. Signing of Agreement: When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by at least four unsigned counterparts of the Agreement and all other Contract Documents. Within fifteen days thereafter Contractor shall sign and deliver at least four counterparts of the Agreement to Owner with all other Contract Documents attached. Within ten days thereafter Owner will deliver all fully signed counterparts to Contractor. Engineer will identify those portions of the Contract Documents' not fully signed by Owner and Contractor and such identification shall be binding on all parties. 19. Trench Safety Act: The purpose and intention of the State of Florida "Trench Safety Act" is to provide for increased worker safety by requiring compliance with sufficient standards for trench safety when the excavation is in excess of five (5) feet deep. The Florida Trench Safety Act is hereby incorporated herein by reference and made a part hereof as though fully set forth herein. By signing and submitting the Proposal, the Bidder certifies that he is fully aware of the Trench Safety Act, and that he is thoroughly knowledgeable of its provisions and referenced data and standards, and further, that he understands what will be required of him should he become the successful Bidder/Contractor when performing trench excavations in excess of five (5) feet deep. 20. Lobbying: This project is subject to the restrictions on lobbying. See Exhibit "E" for contract clauses. 21. Wage Rates: Wage rates paid for labor must not be less than the prevailing wage rates. See Exhibit "G". 22. EDA/Non-EDA Work: The six streets in the Holiday Colony Stormwater Improvements are funded by the EDA. These include East Drive, Caribbean, Gulf, Pacific, Atlantic and East Heather. Ocean Lane and Sunrise Drives are non-EDA funded projects. Separate records are required for the two types of funded projects. 4111-00A.SPC/69P/111594 I6-6 PROPOSAL (BID FORM) CO(S Proposal of CQ-i�2o TRa-non Co. rtcRiao , (Contracto a9q S 6t15F E DilUQ1 Oc(anuY Crow FL -3. 3-3 AddrOss f to furnish and deliver all materials and to do and perform all work in accordance with the Contract Documents for the Project entitled: Holiday Colony Ocean Lane and Sunrise Drives Stormwater Improvement Plans Village of Key Biscayne Engineer's Project No. 4111.00 , TO: Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 1. The undersigned BIDDER prgposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Document. 2. BIDDER accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain open for sixty days after the day of Bid opening. BIDDER will sign the Agreement and submit the Contract Security and other documents required by the Contract Documents within fifteen days after the date of OWNER's Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: A. BIDDER has examined copies of all the Contract Documents and of the following addenda: (If any addenda have been -issued) Date Addenda Number 1 (receipt of all of which is hereby acknowledged) and also copies of the Advertisement for Bids and the Instructions to Bidders; 4111-00A.SPC/69P/082494 P-1 B. BIDDER has examined the sites and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as BIDDER deems necessary. The sites specified are the sites described in the Description of Work and Agreement. C. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or a corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other Bidder or over OWNER. 4111-00A.SPC/69P/061794 P-2 CONTRACTOR'S INITIALS (/ DATE: I "Z-1151 Lt Li ITEM NO. VILLAGE OF KEY BISCAYNE UNIT QUANTITY UNIT COST BASIN COST DESCRIPTION - HOLIDAY COLONY 100-1 ALLOWANCE ACCOUNT LS 1 • $10,000.00 $10,000.00 101-1 MOBIUZATION , LS 1 I "x,000- ( 30,x' 101-2 INDEMNIFICATION LS 1 $25.00 $25.00 101-3 PERFORMANCE AND PAYMENT BOND LS 1 i (YX)- 15/ coo - 102-7 MAINTENANCE OF TRAFFIC LS 1 Q0(0- 10) ODD 104-11 FLOATING TURBIDITY BARRIER LF 100 7,1000- 380-2 DRIVEWAY RESTORATION (ASPHALT) SY 40 l S -72.0 380-2A DRIVEWAY RESTORATION (CONCRETE) SY 40 2,5 (t QQQ 380-2B DRIVEWAY RESTORATION (SPECIALTY) SY 40 35- I, (-(O - 380-4 TREE REPLACEMENT EA 6 Z5) ( , 500-- 380-5 PAVEMENT MARKING SF 210 1 7JI 0 380-6 PAVEMENT OVERLAY (1") SY 14300 7so 35, 75D- 425- 1 INLETS (P -BOX) FDOT 'TYPE C" EA 50 ,CO() - bo, 000 - 425-1A INLETS (J -BOX) EA 1 a, Cr_)' Z, 2Co - 425-2 MANHOLES (P -BOX) EA 23 (, )- -5L( 425-2A MANHOLES (J -BOX) EA 5 7, 3o t 1i 5Do 522-1 5' CONC. SWK - REMOVE & REPLACE SY 211 a) - Li, ZZU HOLIDAY COLONY SUBTOTAL 72U c'2S - 11/07/94 3.1 CONTRACTOR'S INITIALS 6_2_ DATE: sic? 5/ ITEM VILLAGE OF KEY BISCAYNE UNIT QUANTITY UNIT BASIN NO. COST COST DESCRIPTION - HOLIDAY COLONY 425- 2C CONFLICT MANHOLES (J -BOX) EA 1 I, 7oo- 1, 700 - 425-5 ADJUSTING MANHOLES EA 4 430-1 430-1A STORM SEWER PIPE (18") STORM SEWER PIPE (24") LF LF 3,064 1,807 90J Z45 120 16?, - 430-1B STORM SEWER PIPE (30") LF 300 /00 430-1C 430-2 STORM SEWER PIPE (36") TRENCH OVERCUT PER FT OF DEPTH LF LF 624 580 1 2v 3 7', (,7e -in 444-70B 455-133 2610-1 2900-1 2732 -1 DEEP DRAINAGE WELLS PER PLAN STEEL SHEET PILING (TEMP.) PUMP STATION - COMPLETE LANDSCAPING 8" AC SAN FORCE MAIN RELOCATION lilc 4111bclr wk WHS Project No• 4111.00 EA SF LS LS LF 2 860 1 1 200 t z(600 1 HOLIDAY COLONY TOTAL et 3Za) - zco /7, 066- 2 cOck) f )2L=f ,615 11/07/94 3.2 CONTRACTOR'S INITIALS ( DATE: \E -11519q ITEM NO. VILLAGE OF KEY BISCAYNE UNIT QUANTITY UNIT COST BASIN COST DESCRIPTION - SUNRISE DRIVE 100-1 ALLOWANCE ACCOUNT LS 1 $500.00 $500.00 101-1 MOBILIZATION , LS 1 (U,_Ykj- 10, ow 101-2 INDEMNIFICATION LS 1 $25.00 $25.00 101-3 PERFORMANCE AND PAYMENT BOND LS 1 Z,500- Z, Yj- 102-7 MAINTENANCE OF TRAFFIC LS 1 Z, 7, 5bi 380-2 DRIVEWAY RESTORATION (ASPHALT) SY 40 (g 7&) 380-2A DRIVEWAY RESTORATION (CONCRETE) SY 40 ZS 1, OW 380-2B DRIVEWAY RESTORATION (SPECIALTY) SY , 40 35 (/ (AO 380-4 TREE REPLACEMENT EA 4 ZSO - 1i ooz) 380-5 PAVEMENT MARKING SF 195 j 1 95 380-6 PAVEMENT OVERLAY (1") SY 3900 Z.5r) ci,7,5D- 425-1 INLETS (P -BOX) FDOT "TYPE C" EA 17 1 I Za) 7i..),' -/(X) 425-2 MANHOLES (P -BOX) EA 8 t (400 ( (, 2a) 425-2A MANHOLES (J -BOX) EA 1 z (5ocr 7, 3Zt) SUNRISE DRIVE SUBTOTAL 69o- 11/07/94 3.3 CONTRACTOR'SINITIALS 66-2- DATE: ►_Ii519y ITEM NO. VILLAGE OF KEY BISCAYNE UNIT QUANTITY UNIT COST BASIN COST DESCRIPTION - SUNRISE DRIVE 425-4 ADJUSTING INLETS EA 1- 425-5 ADJUSTING MANHOLES EA 8 5,0 - 7, goo -- 430-1 STORM SEWER PIPE (18") LF 1,273 70 - •19i/(0- 430 -1A STORM SEWER PIPE (24") LF 449 civ - (-/O q10 430-2 TRENCH OVERCUT PER FT OF DEPTH LF 170 100- 17 060 444-70A DEEP DRAINAGE WELL (IN -LINE) EA 2 3510Ov - 7c, a ) 455-133 STEEL SHEET PILING (TEMP.) SF 800 1 a W4 (o() - 1 i 1 SUNRISE DRIVE TOTAL 292, 5z v 11/07/94 filc 4111bx.1rv4 WI IS Project No 4111 00 3.4 CONTRACTOR'S INITIALS ? DATE: I Z- 1(5 19 L/ ITEM NO. VILLAGE OF KEY BISCAYNE UNIT QUANTITY UNIT COST BASIN COST DESCRIPTION - OCEAN LANE DRIVE 100-1 ALLOWANCE ACCOUNT LS 1 - $1,000.00 $1,000.00 1 01 -1 MOBILIZATION . LS 1 3,00( - 30, 6(1)- 101 -2 INDEMNIFICATION LS 1 $25.00 $25.00 101-3 PERFORMANCE AND PAYMENT BOND LS 1 3, 5Go - 3 57X) - 102-7 MAINTENANCE OF TRAFFIC LS 1 I, ooD (t Oex) 380-2 DRIVEWAY RESTORATION (ASPHALT) SY 40 M 720- 380-2A DRIVEWAY RESTORATION (CONCRETE) SY 40 ZS 11060 380-2B DRIVEWAY RESTORATION (SPECIALTY) SY 40 35 < < L(00 380-4 TREE REPLACEMENT EA 2 ZOO- (700 .- 380-6 PAVEMENT OVERLAY (1") SY 1600 Z.5° `4' o) 425-1 INLETS (P -BOX) FDOT "TYPE C" EA 2 1 17ob - 3, 7Oo j 425-2 MANHOLES (P -BOX) EA 1 I, 700 << 70C) 425-2A MANHOLES (J -BOX) EA 2 17 5-i- ! OCEAN LANE DRIVE SUBTOTAL '4 1Q(9 " 11/07/94 3.5 CONTRACTOR'SINITIALS Of.,2 DATE: t Z 1'519 L{ ITEM NO. VILLAGE OF KEY BISCAYNE UNIT QUANTITY UNIT COST BASIN COST DESCRIPTION - OCEAN LANE DRIVE 425-2B CONFLICT MANHOLES (P -BOX) EA 3 3OCX) 9 U 425-4 ADJUSTING INLETS EA 1 3y) - - 3jU 425-5 ADJUSTING MANHOLES EA 1 -k)- a - b 425-11 MODIFYING INLETS EA 7 '-7rJO Jr, Ztv 430-1 STORM SEWER PIPE (18") LF 115 qQ - 101 35 430-1B STORM SEWER PIPE (30") LF 360 1 CO - 36,000.- 430-1C STORM SEWER PIPE (36") LF 140 (ZO - lb, ,a00- 430-2 TRENCH OVERCUT PER FT OF DEPTH LF 60 3 - ( SZD -' 444-70A DEEP DRAINAGE WELL PER PLAN EA 2 25,000 50 / OUP) 455-133 STEEL SHEET PIUNG (TEMP.) SF 800 k E. _ Q, (GC3 2610-1 PUMP STATION - COMPLETE LS 1 F50, OOU- 7S-0, COD - 2900-1 LANDSCAPING LS 1 15, 6DU /5 C9Z� i roe. 4111 bil r...1. WI IS Projcci No. 4111.00 OCEAN LANE DRIVE TOTAL qs-0 11/07/94 3.6 VILLAGE OF KEY BISCAYNE HOLIDAY COLONY, OCEAN LANE AND SUNRISE DRIVES SUMMARY OF BIDS AREA NO. TOTALS BASED ON ESTIMATED QUANTITIES 1 HOLIDAY COLONY ITEMS I�2, 1 )615---- , I $ o1 , (pI J �C 2 SUNRISE DRIVE ITEMS — $ Z9'2, 5.70- 3 OCEAN LANE DRIVE ITEMS $ LIN,q -A 1;i75)lo4- TOTAL BID AMOUNT $ TOTAL BID AMOUNT IN WORDS: Nii\ie A j� (-\Q_ �� I l of\ -� AO(� SC2-t)Q -n�1 rue sTV(UPSc../e QA L\ o c ex) --c.x) e___ Dvc-L. S (IC cep file 4I11ba12 wi. Wi !S Project No: 4111.00 3.7 5. BIDDER agrees that the Work will be completed within 180 calendar days after the date when the contract time commences to run as provided in Article 2.3 of the General Conditions (Notice to Proceed) and further agrees to abide by the schedule established for the Work: BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work on time. 6. Communications concerning this Bid shall be addressed to the address of BIDDER indicated below. 7. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. 8. The undersigned also agrees as follows: First: •To do any extra work not covered by the foregoing Schedule of Prices, which may be ordered by the Owner, and to accept as full compensation therefore, such prices as may be agreed upon in writing by the Owner and the Contractor pursuant to the applicable provisions of the General Conditions. Second: Within fifteen days from the "Notice of Award" of this Proposal, to execute the Contract, and to furnish to the Owner a satisfactory Performance Bond in the amount of 125% of -the Contract Price, guaranteeing the faithful performance of the work and payment of bills, the Contractor to pay for said bond. Third: To begin work on the date specified in the "Notice to Proceed". Accompanying this Proposal is a certified check, cashier's check, or bid bond for 10% of Bid payable to the Village of Key Biscayne, which is to be forfeited if, in the event that this Proposal is accepted, the undersigned shall fail to execute the contract and furnish satisfactory Contract Security under the conditions and within the time specified in the Instructions to Bidders; otherwise, said certified check, cashier's check or bid bond is to be returned as provided herein. Submitted On L 2-I j , 1994 4111-00A.SPC/69P/111594 P-4 Incorporated under the 1,aw, of the State of Attest: A. (If an individual, partnership, or non -(incorporated organization) Signature of Bidder By Address of Bidder B. (If a corporation) �� Signature of Bidder C1. ti l By m Ctti) Pt (Lc I ksi.SEMTropy Title (� Business Address MCI S._ LYE -Y5 2. tJfl�rc CCQ0s1 CrovL{ FL 33!33 CLoR , OA 4111-00A.SPC/69P/061794 P-5 PROPOSAL QUESTIONNAIRE The following shall be completely filled in by each Bidder: The undersigned guarantees the truth and accuracy of all statements and answers herein contained: I. How many years has your organization been in business as a general contractor? 2. List any public works contracts you have performed with any governmental agency having a value in excess of $500,000 within the last ten years: - T G1 3. Were all contracts listed in No. 2 above completed within the time period without extensions? gc5 4. Were liquidated damages incurred by the contractor for non -timely completion and, the extent to which additional time extensions were granted on all contracts that were not so timely completed. 0 4111-00A.SPC/69P/111594 -2 3 P-6 5. Was the Surety on any Public Works bond ever notified that the Bidder was in default in the performance of such contracts; and if such default notice was so given, please indicate in detail how much claim default was resolved: n 6. Indicate the number of times in which arbitration or litigation ensued from any Public Works contract within the last ten years, as well as the result of such arbitration of litigation (i.e., whether the same was settled or resolved by trial and who prevailed between the Bidder and the governmental agency involved): ______ 0- 7. Please provide a history of similar projects you have completed, other than those listed in No. 2 above, including project name, owner, value of work performed, percentage completed: t 8. What is the last project of this nature that you have completed? 9. Have you ever failed to complete work awarded to you? If so, where and why? 10. The following are named as three corporations or individuals for which you have perform d work and to which you refer. th,D 4111-00A.SPC/69P/111594 7JU P-7 11. Will you sublet any part of this work? Iiso, give subcontractor's name and which portion of work to be sublet. 60 F, kis — ,S a CC CCL- - 12. What equipment do you own that is available for the work? X177 —) 13. What equipment will you purchase forflec-e55ari the proposed work? n 14. What equipment will you rent for the proposed work? Wil A --L-6-- 1S f eCQ5SOPf 15. The following is given as a summary of the financial statement of the undersigned (list assets and liabilities and use insert sheet if necessary): 4111-00A.SPC/69P/111594 z `7 P-8 16. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business, and the address of the place of business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, staite the names of the individuals who do business under the trade name). It is absolutely necessary that this information be furnished. L O/20 9(►m,tCno (Correct Name of Bidder) (a) The business is a 9002,E Dn r -c__02,1 04 (b) The address of the principal place of business is: z699 S ,163Aq 51-IO( U (oQ Coccnur Ccove) L 33173 (c) The names of corporate officers, or partners, or individuals doing business under a trade name are as follows: Quk_ k f i n6� s<it-FEE PQO) /Q -St OLA ivoo u qt cscLicksi 6.tirco GA-S1-44,LC-Dork CO F ©e. (Bidder) 4111-00A.SPC/69P/111594 2 t, P-9 LAN ZO rjel coNstluictloN co , CLOMbA hEsoLUt i oN or tUhPUfAt 1 Ora I HEREBY tertify that •1 am the duly blected and qualified 1900 N W 441h Sired Pom,,,ann Bach, rt. 3:1064 (305) 979 0R07 Secretary of Larifr; tonstructirih Co.; t 1ttFidal a Fibrida Corporation, and that the following ie a true add ttirirpi@t@ Him/ lit a Resolution duly adopted at a meeting of the DdaFd of bitettbrg bt said Corporation, held on the 1st of MArtht 1991, dnd that Stich reStllUtldo Is still in full forte and effect. RESOLVED that the officers listed below are authorized to sign contracts, bids and any other dotument5 necessary to carry out the business of the Corporation. TITLE NAME President/Treasurer Vice President/Secretary 'I Vice President Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary, Udlrino D'Alessandr Oilndo D'Alessandto Gdiseppe D'blesstndrb Matthew p:'1'l11I. Angelo D'AlrSsandrb Giovanni D'A1essAhdro 'Frahit D'Alos.andrb Robert Ueatyt Ill IN WITNESS WHEREOF, I have hereunt said Corporation, and affixed the Cutpor 1991. Attest: Ouirino D'Alessandro President SEAL LCC.Cnt1P set e 5e do hand as Secretary of this 1st day of March, Olirtda D'Alessandro Secretary LANZO CONSTRUCTION CO., FLORIDA BALANCE SHEET SEPTEMBER 30, 1993 ASSETS CURRENT ASSETS: Cash 963,658 Accounts receivable 9,230,306 Other receivables 16,219 Inventories 150,258 Prepaid expenses 54,149 Total Current Assets 10,414,590 PROPERTY AND EQUIPMENT: Land and buildings Machinery and equipment Total Property and Equipment OTHER ASSETS: 171,007 2,549,321 2,720,328 525,032 TOTAL ASSETS S13,659,950 LIABILITIES AND STOCKHOLDERS'S EQUITY CURRENT LIABILITIES: Notes and accounts payable Accrued expenses Total Current Liabilities LANG -TERM LIABILITIES: Notes payable Federal income taxes payable Total Long -Term Liabilities STOCKHOLDERS' EQUITY TOTAL LIABILITIES AND STOCKHOLDER'S EQUITY 4,529,302 1,434,064 5,963,366 2,097,654 353,200 2,450,854 5,245,730 X13,659,950 II LANZO CONSTRUCTION I CO., FLORIDA RESUME LANZO CONSTRUCTION CO., FLORIDA ORGANIZATION (Officers/ Staff) LICENSE/QUALIFICATIONS - STATE/COUNTY REFERENCES WORK HISTORY - PAST/CURRENT EQUIPMENT LIST 1900 N.W. 44th Street Pompano Beach, FL 33064 (305) 979-0802 LANZO CONSTRUCTION CO., FLORIDA ORGANIZATION President'Treasurer Quirino D'Alessandro Vice President' Secretary Olindo D'Alessandro Vice President Guiseppe D'Alessandro Assistant Secretary Angelo D'Alessandro Assistant Secretary Matthew P. Tilli Assistant Secretary Giovanni D'Alessandro Assistant Secretary Robert W. Beaty, III Engineering Staff Matthew P. Tilli Robert W. Beaty, III Superintendents Richard Taglione Glen Straw Jorge Garrigo LANZO CONSTRUCTION CO.. FLORID A LICENSE/'QUALIFICATIONS - STATE/COUNTY Construction Industry Licensing Board CERTIFIED UNDERGROUND UTILITY CONTRACTOR State of Florida - Matthew P.Tilli #CUC049468 8/31/96 Construction Industry Licensing Board CER I Its"IED GENERAL CON 11ZACTOR State of Florida - Matthew P. Tilli GCG036262 8/31/96 Occupational License BROWARD COUNTY Utility Contractor - Matthew P. Tilli 18/189 #189-104043 9/30/95 Broward County CERTIFICATE OF COMPETENCY Engr. 3A, 1 A - Matthew P. Tilli #87-975 8/31/95 Metropolitan Dade County CERTIFICATE OF ELIGIBILITY CER I Ir ICATE OF COMPETENCY Engr. Contractor, General Engineer, Personal Engineering Matthew P. Tilli E-1233 9/30/95 LICENSE LANZO CONSTRUCTION CO.. FLORIDA REFERENCES \liami Dade Water & Se«er Authority 4200 Salzedo Street Coral Gables, Florida Hazen & Sawyer Engineers 730 NW 107th Avenue Miami. Florida Palm Beach Engineering Road & Drainage Palm Beach County West Coast Regional Water Supply Authority 5825 County Line Road Tampa. Florida City of Sunrise Sunrise, Florida CH2AI Hill Engineers 7201 NW 11 Place Gainsville, Florida Contact: Murray Grant Phone: (305) 665-8770 Contact: Mike Wengrenovich Phone: (305) 625-4101 Contact: Carl Miller Phone: (407) 684-4180 Contact: William Aioscinski Phone: (813) 973-2309 Contact: Don Baylor Phone: (305) 846-7400 Contact: Joe Castronovo Phone: (904) 331-2442 LANZO CONSTRUCTION CO.. FLORIDA WORK HISTORY - PAST/CURRENT Koubek Sanitary Sewer Improvement City of Miami Job No. B-5477 Central Sanitary Sewers City of Miami Job No. B-5481 Wastewater System Additions, Phase I City of PompanoBeach Project 78-307 Durham Sanitary Sewers City of Miami Job No. B-5486 Water Distribution City of Margate City Project No. 406 Pompano Business Park Gene McKie General Contractor, Inc. Washington Park/B1vd. Gardens Sanitary Storm Sewer Improvements Broward County, Phase V Project No. 1455-5 Contract S1.009,235 Contract S 639,027 Contract $ 982,549 Contract S 987,755 Contract S 854,264 Contract S 451,350 Contract $ 590,572 Wastewater System Improvement Contract $ 508,513 City of West Palm Beach Washington Park/Blvd. Gardens Sanitary Storm Sewer Improvements Broward County Project No. 1455-B Kinloch Sanitary Sewer Improvement City of Miami Job No. B-5485 Contract S 248,778 Contract 5 703,418 Pembroke Lakes South Water Distribution City of Pembroke Pines Lynwood Sanitary Sewer Improvement City of Miami Contract No. S.R. 5487 Kendall -South District Wastewater Miami Dade Water & Sewer Contract No. S -196B Snapper Creek Canal Crossing Miami Dade Water & Sewer Contract No. 523-A Delray Beach Water Treatment Plant Two Additional Filters City of Delray Beach Project #00730 Contract 52.354,158 Contract 51.463,177 Contract 51,249,395 Contract $ 927.630 Contract $ 743,500 Sanitary Sewage Faciliteis Contract $1,747,850 Town of Medley Phase I, S-276 Wastewater Improvement Project Contract 51,239,571 Project S-280 City of Hialeah Gardens N.E. Interceptor Sewer System Contract 51,985,800 Part II, Master Pump Station City of St. Petersburg North Subregional Wastewater Facilities Improvements Contract $ 814,000 Manatee Co. Phase I, Segment A MasterLift Station N1 -A Gulfstream Master Pump Station Contract $1,446,000 City of Plantation Woodbridge at Pembroke Lakes South Guardian American Development Cop. Project No. 075-4-83 Contract $ 346,610 Sanitary Sewer Facilities, Phase I Contract $5,070.448 Sewage Collection System Pump Stations Miami Dade Water & Sewer Authority Contract No. S-276 Wastewater Improvement Program Contract $1,239,572 City of Hialeah Gardens NliamiDade Water & Sewer Contract S-280 Sanitary Sewer Improvement, Phase II Contract $ 371.465 City of Miami West Flagler Street Job No. B-5495 Water Transmission Main & Drainage Culvert Contract $ 686,853 Broward County Ft.Lauderdale Airport Installation of 24" Water Main in South Bayshorp Drive Miami Dade Water & Sewer Contract No. 474 Sewer Rehabilitation Project Phase I & II City of Homestead Network Pipeline, Contract #5 City of Orlando Sanitary Sewage Collection System Section 27 City of Hialeah Dept. of Water Rapid Infiltration Basins (RIBS) Orange County Project No. 6059 -RIBS Sanitary Sewer Facilities Town of Medley, Florida Miami Dade Water & Sewer Contract S -276B Contract S 685,740 Contract $1,5.49,998 Contract $4,701,695 Contract $1,989,313 Contract $11,787,570 Contract $2,276,985 Jog Road Water Transmission Phase II Project 85-1017 Palm Beach Board of County Commissioners Water Consery I Percolation Basin Test Cell City of Orlando Contract No. 13 Wagner Creek Renovation City of Miami, Job #B-5508 Gulfstream Force Main City of Plantation FDER Project #73-060 18" Force Main, Turnpike Crossing & Pump Station Modifications City of Tamarac, Project #1710-23 Washlinto Park Blvd. Gardens Sanitary & Storm Sewer Improvement Project Broward County, Florida Fairlawn North Sanitary Sewer City of Miami Eastern Service Area Wastewater Disposal System, Phase III Orange County, Florida Contract $1.214.738 Contract $ 883,430 Contract $ 787,320 Contract 51.382,875 Contract $ 246,070 Contract $ 624,000 Contract 51.901,829 Contract $3,182,515 Citywide Sanitary Sewer Senice Contract $ 265,191 City of Miami Raw Water Transmission Main 30" Force Main Connector & Stonn Sewer City of Pembroke Pines Contract $ 733,195 Easterly Effluent Transmission Main Contract $8,236,389 City of Orlando 20" Water Main SW 67 Ave - SW 40th Street Tamiami Cani Road Miami Dade Water & Sewer Contract $ 418.018 Effluent Transmission Force Main Town of Davie - Cooper City Diversion Force Main City of Hialeah Gore Street Trunk Sewer By-pass Construction of Seacrest Blvd. Boynton Canal to Hypolu.xoRoad Palm Beach Co., Project No. 84186 South Central Hillsborough Regional Wellf3eld, Contract A West Coast Regional Water Supply Authority Replace 54" Water Main Project 8683 - NW 38 Street from Fiveash Plant to N.Andrews Ave. City of Fort Lauderdale Tampa International Airport Sub to John CaroL Inc. Lithia Pumping Station Sub to MCI Corp. Fairlawn South Sanitary Sewer City of Miami South District Wastewater Transmission System, Interceptor SA -38 Contract S-311 Miami Dade Water & Sewer Water & Wastewater Transmission Mains B&C 85050-2 Contract No. 2 City of Pembroke Pines South District Wastewater Transmission Interceptor S-22. Contract S-322 Miami Dade Water & Sewer Contract 51.193.725 Contract S 755.505 Contract $1,077.534 Contract $3,759,213 Contract $9,570,040 Contract 52.280.198 Contract S 823,887 Contract $ 542.778 Contract S1,696.294 Contract $11,424,329 Contract $3,004,250 Contract $3,933,774 Sanitary Sewer Restoration Program Contract S -319C, Div. 1 Miami Dade Water & Sewer Sanitary Sewer Restoration Program Contract S-3190, Div. 2 Miami Dade Water & Sewer Sanitary Sewer Restoration Program Contract S -319D Miami Dade Water & Sewer Sanitary Sewer Restoration Program Contract S -319B Miami Dade Water & Sewer Coral Ridge Pump Station City of Fort Lauderdale Palmetto Phoenix Farms Sanitary Sewer Contract S -337B Div.3 Miami Dade Water & Sewer Town of Davie Additions to Water Distribution System B&C Project No.85-079 Palmetto Phoenix Farms Sanitary Sewer Contract S -337C Div. 1 & 2 Miami Dade Water & Sewer South District Wastewater Treatment Contract S-344 Miami Dade Water & Sewer City of Pembroke Pines Sludge Facility B&C Project No. 85-050-3 (4/89) City of Lake Worth Sanitary Sewer Rehab, Phase I Ref. 86-004.01 (5/89) Contract $1.439.570 Contract $ 353,200 Contract $1,735.545 Contract $1,192,400 Contract $ 621,723 Contract $1,290,255 Contract $ 821,140 Contract $2,387,690 Contract $1,924,839 Contract $1,771,000 Contract $ 217,163 Replacement Sanitary Sewer Contract S-374 N.Miami Beach, NE 35th Avenue Miami Dade Water & Sewer (4/89) Palmetto Phoenix Farms Sanitary Sewer Contract S-337 A Div. 3 Miami Dade Water & Sewer (6/89) Florida DOT #3521 Dixie Highway Sub to State Paving City of Miami NW 36th Street (6/90) City of Key \Vest Flagler Avenue Interceptor (11/89) City of Pembroke Pines Booster Pumping Station (8/89) Great Monument Construction Co. Hookers Point W\VTP Phase I Division 5H1 City of Tampa Contract $ 393,660 Contract $ 978,317 Contract $1.993, 705 Contract $1,084,790 Contract $1.770, 860 Contract $2.197.000 Contract $1,997,000 Arvida Sector 6, Parcel C Contract $ 552,934 Broward County Douglas Park Sewer Metering Station Contract S-384 (1/90) Miami Dade Water & Sewer Installation of 24" Water Main across US Hwy. #1 & SW 296 Str. Contract W-635 (1/90) Miami Dade Water & Sewer Centrust Bank Vestaq/Vestra County Lakes Contract $ 224,000 Contract $ 172.010 Contract $ 667,128 42" Raw Water Main & 18" Force Main South of NW 62nd Street from NW 12 Ave to NW 31st Avenue City of Fort Lauderdale (5/90) Silver Lakes Partnership Phase lA Pembroke Pines, Florida (1/90) Silver Lakes Partnership Pods F&J Pembroke Pines, Florida (4/90) Silver Lakes Master Pump Station Berry &C akin #85-050-5 (7i90) City of Pembroke Pines Holly Lakes Water Improvements Phase I Berry & Calvin #89-093 (7/90) City of Pembroke Pines Homart Community Center Pembroke Commons Pembroke Pines, Florida Broward County Carver Ranches Hallandale Raw Water & Supply Broward County (4/91) Hallandale Raw Water Pipeline Maule Lake Sanitary Sewer S-386 NE 29 Ave & NE 188 Street (10/90) Miami Dade Water & Sewer Cortez Road Sanitary Sewer Rehab 119 Str. W. Force Main Replacement (8/90) Manatee County Modification of Clcarwell & Filters at Water Treatment Plant Royal Palm Beach (10/90) Sliplining 72 Sanitary Interceptor South River Drive from NW 3 to SW 2 Street Miami Dade Water & Sewer (1/91) Contract $1.577,300 Contract $855,562 Contract S 675,283 Contract $1,197,000 Contract $ 227,400 Contract $ 550,000 Contract $1,081,945 Contract $1,438.745 Contract $ 688,257 Contract $ 878,151 Contract $ 163,939 Contract $1,238,955 Repair 66"/84" (1/91) West Coast Regional Water Supply Phase IB (2/91) Silver Lakes Partnership 42" Raw Water Main South of NW 62nd Street from NW 28 Way to Wellfield Project #8362-F (5/91) City of Fort Lauderdale Contract S 279,162 Contract $ 660.885 Contract S 475.380 Southern Regional Trunk Force Main Contract $5,580,864 Mock Roos & Associates (5/91) Palm BeachCounty 87-35 36" Force Main Contract $ 854,904 Cadima/University Drive City of Coral Gables (3/91) Pod A NW 183 Ave/16 Street Contract $ 421.000 Silver Lakes Partnership Pembroke Pines, Florida Pod D, NW 178 Terr/17 Street Contract $ 306,966 Silver Lakes Partnership Pembroke Pines, Florida 30" Water Main along SE 3rd Avenue Contract $ 676,000 from Poinciana Tank to Tarpon River P.O. #00933 Fort Lauderdale Project #8833-A 24" Water Main from Sunrise Blvd. to NE 30th Place P.O.#00943 Fort Lauderdale Project #8834-A Utility System Upgrade Projects A -F Water/Wastewater Transmission Mains City of Pembroke Pines Wastewater Treatment Plant.Part B Effluent Pumping System City of St.Petersburg Albert Whitted Modifications FEDER 737-060 City of Plantation South Area Contract $1,084,990 Contract $ 396,260 Contract $ 568,985 Contract S 806,375 Century Village Sanitary Sewer Sanitary Pump Station No. 2 City of Pembroke Pines South District Wastewater Treatment Transmission System Sunset Park Pumping Station Contract S-249 Water Consery I, Interceptor System Lift Station Improvements Contract #22 Opa Locka Airport Pump Station Dade County Aviation Dept. Pembroke Pines Century Village Phase III Phase IC Roadway, Grading, Sanitary Sewer & Storm Sewers, Water Main & Appurt. Silver Lakes Partnership (12/91) Suniland Sanitary Sewer Improvement Contracts S-397, Div. I, II & III Miami Dade Water & Sewer (3/92) Phase 2A Pines Blvd. between NW 184 Ave. and NW 172 Avenue Silver Lakes Partnership (2192) Sanitary Sewer Improvement Project Div. I & II Contract S-399, Ives Dairy Road (6/92) Miami Dade Water & Sewer Suniland Area Phase III Contract W-699 Water Main (5/92) Miami Dade Water & Sewer Improvements to Plant I Potable Water Distribution System Project #1535-01.81 City of Sunrise (8/92) Contract $ 176,500 Contract S1,183,000 Contract $1,557,418 Contract $ 129,000 Contract $ 553,700 Contract $ 272,243 Contract $2,514,957 Contract $ 452,179 Contract $ 780,954 Contract $ 697,719 Contract $1,029;205 North District Wastewater Transmission Contract $1.452.577 Interceptor N-24 Contract S-355 (1/92) Miami Dade Water & Sewer Wastewater Collection Sc Transmission Contract $3,349,612 Phase II. FDER CS 12-798020 Keith & Schnars 60,000' Gray.Sewer. Approx. 3,200' F.M. City of West Miami (2/93) Sanitary Sewer Restoration in SR AlA Contract $2,926,492 Contract S-363, Install Approx. 4200' of 36" Pipe & 2,550' 30" Pipe by Resin Impregnated Felt Cured in Place lining (4/93) Miami Dade Water & Sewer Installation of Force Main & Pump Station Contract S 370,387 SW 120Str/SW 74 Ct, Contract S-442 1.100' of 24" & 55' of 8" DI Sanitary F.M. Miami Dade Water & Sewer (3/93) Removal/Replacement Sanitary Sewer Contract $ 864,200 Gravity Mains for a One Year Period Contract S-464, 10,000' Existing 8-15" Sanitary Miami Dade Water & Sewer (3i93) Installation of 48" Water Main from SW 127 Ave Contract $1,077,818 & 232 Str to SW 137 Ave and 256 Street Contract W-661 (7/93) Miami Dade Water & Sewer Wastewater Collection System Sewer Rehab Contract $1,387,365 Project #937025 (9/93) Broward County - Various Locations City of Hollywood Removal/Replacement Sanitary Sewer Gravity Contract $3.357,850 for a One Year Period (8/93) Contract S-490 Miami Dade Water & Sewer Replacement Force Main to Central District Wastewater Treatment plant 84" in 6 Avenue from NW 2 Street to SW 11 Street (9/93) Contrtact S -391B Miami Dade Water & Sewer 102" Replacement Force Main to Central District Wastewater Treatment Plant SW 15 Rd/SW 2 Ct. South Bayshore Drive, Contract S -391D (10/93) Miami Dade Water & Sewer Pump Station No .1 at NW No.River Drive and NW 3 Street to Pump Station No.2 at NE 9 Street and Biscayne Blvd, Miami Contract S-497 Miami Dade VVater & Sewer South System Transmission Main - AA Bid Package No. 13 Unincorporated Broward County Broward County Regional Water Supply Project (3/94) Installation of 54" Force Main in SW 120 Street from SW 107 Ave. to SW 97 Ave. ContractS-500 (3/94) Miami Dade Water & Sewer Flagler Street Sanitary Sewer Force Main Grand Canal Drive & West Flagler Street Cotnract No. S -503B Div. 1 (3/94) Miami Dade Water & Sewer Biscayne Aquifer Wellfield & Pipeline Bid Package No. 3, Project #94-0104 So. of Pembroke Rd., West of Flamingo Road, No. of Blue Gill Rd on SW 136 Avenue City of Miramar Removal Replacement Sanitary Sewer Contract S-464 Miami Dade Water & Sewer Contract $1,565,097 Contract $1,263,615 Contract $1,930,372 Contract $3.081,060 Contract $ 887,611 Contract $1,950,850 Contract $2,421,490 Contract $ 989,196 LANZO CONSTRUCTION CO., FLORIDA > RANG —MAR OU•I S? tV v. . �lti ' a !?s!':jj? 1:cw; •r;,s.t;' s: %> : +i : +S 5 .<,. . -..7 r': a .- _MER-CUR Y ,i >t":, i :Y+• is '.. w. 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VAN, _ . ., 649,,-,,'..,..-,._.:!- 72,-CAT•,•966:,LOAD ER ,; k•- 922`•, ;..79:4" <SLOAN PUMP ' 343<, KINGtMOBILE;OFF ICE;. .---• - - 650'':: 179` CAT ^966`"LOADER -" ' 1=; ,^ " - -DODGE_CAJ LVAN-VAN 344 8--AGT-0N--0FF-I-CE.-RA•I-LER-- "' 65-3 '��s" a�GAT_930-LOADER "`' °`"'923 ' ;; ,4 SLOAN PUMP ASE/RENTAL ' 925 IRR-IG-ATOR-18-HKD-RUMP- 345 81 DESIGN SPACE OFFICE TR 654 76 CAT 9201 LOADER 926 IRRIGATOR i," HYU PUMP FORD 250XL PICKUP 346 .7000 GAL FUEL TANKER 656 80 CAT 950 LOADER 927 80 IRRIGATOR 8" HYD PUMP c FnRf F?Sfl PT CKIIP —404 79-C1-E-PILL'-AR.-L2G-GRADER 657 fib_-KOMA-TS.uwA300-LOA DER 92-8 ' 6" THOMS-ON-'_-x0R-AU�I-C-RW-R— 'FORD ,F35A ME CH. TRK,4X4 < 405 , CHAMP ION .GRADER'';^- '" .c.;658• . 4:i;92?CAT3926E,:LOADER,,,.- }'-',*9353'_`-y''-GRIFFIN_ WEULPDINT PMP > _FORD :F350,DUMPSTAKE .TR ,`452 :. :•T,76 J,DEERE '350CE.DOZER.• f 659'='' 92. CAT.;936F,LOADER - "-t:936.:"'x" ,,`GORMAN-RUPP ,10" •PUMP-EORD_HD-4X2-R.EG-CAB_ 453--88 CAT-D3C-DOZER ' `660 o� CAT 936F-_1.DADEF` 93A '" ` R—IR-IFF`I-N-WGLI.-P-OI-NT-P-MP�vl_0„_ F250 HO 4X2 SUPERCAB 463 87 KOMATSU 065E DOZER 661 BARBAR GREEN TA55 TRENCHE 944 THOMPSON 6" TRASH PUMP F250 HD 4X2 SUPERCAB 501 52 GALION 10 TON ROLLER 663 BARBER GREEN TA55 TRENCHE 945 THOMPSON 6" TRASH PUMP •-CELE-VROLE_T__BLALFR —502--GALION-406-ROLLER-TR-AN.-WH 664 VER-MEEK Y A5.0_1RENCHER FORD 150 SCLB ,ts;•„ -9`r6 �OfiRSON-6-uv-AGUUCI-P-UMP 504 TAMPO RS -16 ROLLER, 665 VERMEER 430A -'TRENCHER -947' ,- ` FORD F600 FLATBED }» THOMPSON 10" VACUUM PUMP 506 INGERSOL"RAND SP48 ROLLER 666 • -. VERMEER T.800::TRENCHER 948 THOMPSON-4" OGLE DI APHRAM -F2.50-HD 4X2-SUPERCAB._-50-7 WAL-K-BEHIND-ROLLER 701 "` 2nR-1NG-dACH..-MLCAEIELIYNER 99-9 iADJ-USTMEN-T.5 ' F250 HO '4X2 SUPERCAB 508 85 BOMAG R3LLE2 702 ADJUSTMENT F250 HD 4X2 SUPERCAB 509 85 BOMAG ROLLER 703 OPENING BALANCE 9/30/86 -F2-50-4X-2--SUP-ERCA B 510 D!D PAC WALaC.-ROLLER 704 STREET SAW F250 HD 4X2 SUPER CAB 511 ""#; ,HACKER VIBRATOR. ";"" '. 709,E x � LINCOLN•WELDER .�- ^x =< '=_• {' MACK'SGL.SANTS,SPREAOT ' 512=i 3m 'CASE-. COMPACTOR-MD,2000V, -,----f673: r• h713 - MILLER'?uWELDER - GMC-TR-I-AXLE=•DUMP TRUCK '51-3 D-Y-NAP-AC-C.C2-3�R0LLER ' ' "720' STOW. M.I-X ER "- 722 88 STONE 95CM MIXER MACK DM6855 FUEL TRUCK 552 80 FORD BROOM TRACTOR UM865S TRI-AXLE WATER 553 80 FORD BROOM TRACTOR 723 ESSICK 560H MIXER - KE•NwUR7J.T.ANUEM-T-RAC-TO 554 7,4 1 ,DE-ERE-TRAC-T-OR-SWEE-RR 72-4 q9 -5Z -ONE 0cr14-14L,XF.It -MACK TRIPLE TRACTOR , 562 ,- i 77'.LEE80Y;,M800 PAVER: , .,, l`„ : �= 727 .BURCO GENERATOR 15KW'• STONE BHP STREET SAw 9999 76 EARTH SAW ES -5 99998 'MACK R763S TANDEM TRA - MACK-MB-600—TACK--TRUCK FORD 800 JET VAC 1NT'L STAKE TRUCK -P-ETERBI4 T-3R1=AXLE_DMP PETERBILT TRI-AXLE DMP MACK TRACTOR - GREAT-DANE-TANKER./-TR- FRUEHAUF WATER TANKER TER TANKER WAGON -PRUEHAJID DUMP-S�EEI 0 GAL FUEL TRAILER DORSEY DUMP TRAILER _ROGERS LOWBD-Y40-TON TALBERT LOWBOY 60 TN CENTRBILD TAGALONG -LLLERLINE TRATI FR FELBURN-FLATBED TR 2 MILLER: 40FT- FLAT BED I. LIR--LRA..LLBR - ` • HWY 40" STORAGE VAN CINDY STORE VAN UPHat1F_ 0! S-LURAGE-VAN C 7.563%'`;' P,MAULDIN MODEL -1100 PAVER X743- " hCHERNE.TEST ER -AIR '572 "` '87 GA-5E-580SE-BACKHOE "'744=' ` .BEAN_7ES PUMP' 576 86 CASE 780C BACKHOE 745 GROUT PUMP 746 87 TEST PUMP HMDE TL 747 JETAWAY STEAM _CLEAN ES *' IY749 "?.' SL'OAN:TEST -PUMP-MYERS,; ;750 ':-4'•: ;;.HODDtGENERATOR_:SETS —25 RE I IiANN- G•EaR C-1-4 "-' H -Y -D-5 AW- 752 MIGHTY MITE 753 V-5 DRIVER/EXTRACTOR --3-5-4 HOE RAND '•755 , 'v:„ -jHOE HAND , :.1756. :t?'{9I RAKE;WITH ;PADDLE ;""• •, -757 RAKE-WITH-P_AODLE 758 35 LB PAVING BREAKER 901 SLOAN DIESEL DIVING COMP E 904 5LOAN--D.LESEL-D-LV-LNG_CD P ;`.905 ,j5,-4INGERSOLL AIR COMP -1200 906 ,ti.Ko 86 IR 175 AIR 'COMPRESSOR 907 " 93 l0 17-5_ -_, &JR-COMERESSOR 910 DIAL GRADER 1165 913 MODEL 2700' LASER BEAM �lA tPErTRA-LASE I_M� 581 79 CASE 580C FORKLIFT TRK 602--N-.-W-.-MOD EL-6-GR-4N E •603 .:,a_-,.x64.4-AUSTIN„WESTERN .-MOD: 410 '604 °` --70; PEH'TRUCK;CRANE' 70.TON -61-1 7 c -I*& L E ' 8TH -HOE `' 612 80 JNSLEY 1000 HOE 615 82 KOEHRING 666D HOE 6-16 80-aEGEHR-I-NG-866E-HOE 617; -x••-`80.-KOEHRING.,866E .619,: 83 KOEHRING .566 •HOE,;??,1,L -6-20 ' 84 - KD EHR-I-NG-366-HOE 622 87 KOMATSU HOE 623 86 KOMATSU PC650-3 HOE 624 85&ki 225 BLC-HO ,625 {;�� 88;,CAT 2154 BLC •HOE- •_ '^ 626-, >;..'':90'CAT 235'/HOE 621 ' - 85 ---CA--T=/2-51.7E-HO 628 91 CAT 2458 HOE 629 94 CAT 375L HOE - -6 4-1--C-?�-M,Ii-C- H -I -G AN -2-7-5 A -LOADER l !•'T'T'94';f,` ''t..4,77�r..i»{� .�. ,• e : > tip .` r u; 'i,itw• '• ..- .:`1; z. AU' L. 1 I UVU" vUMIL UI I LVIIUI� DEPARTMENT BUSINESS AND PROFESSION„L. REGULATION CONST INDUSTRY LICENSING BOARD DATE LICENSE ND. 07/15/94 I CG CO3b262 THE CERTIFIED GENERAL CONTRACTOR ;NAMED BELOW IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489 EXPIRING AUG 31, 1996 I TILLI, MATTHEW PRESTON LANZO CONSTR CO FLORIDA 1 9302 NW 37TH ST CORAL SPRINGS FL 33065-4505 1 I LAWTON CHILES GOVERNOR DISPLAY IN A CONSPICUOUS PLACE HATCH NO. 94900075 FS., FOR THE YEAR . 'i II ! ,l: I f $tLllt,i a Ut_1' AR ' r;l`1§0z0 ,�bar� � 5rF�i LANxt� Ct US 11Cti rL(IRI( CCII : ti231 Q.A.S IF = TIL MA HEW P : 301-461-0443 i Maelying agent IO A Mutt 9abot+Ise, dI I and Control II k, ork l, l! I_UII I IIAL I lilt lS i 'tnAot CATtGORYt,D, IVtfl8AL EUr iHtta /9 SIgnllnln al QU.Itymg Agpnl CANALS F i)ON7C'N Ph D , f f S6C' Iary ConO„ irtM,o ttadna Otnilyuq l)na•d I0§ttil� tibIst WMAtOliAqt .1i 12- S ! a i FFE °CONE HI PERSON OR i~Na RT pp� OrgE S);WITFF��- CHECK OR MON�j Y URDE t I TU IILDING L ZONENGf i I GONTRAGT0 GfWI! �N RREET 41P10 MIAMI+ r -L li 3 128 I,� IS M ME U TION MAKE CHECKS Yp DL »AD tJ •� �lI l6 Zt1f4INGi PHOTOS .tI i i ItritIgNt 5A�15EI 7 d Di�1bE1(#I` .t gN� d AlltlRt5S- j I ll S :ANt� R6irifiiik Uh C ARE isOF DAbE gY�IGOD=11 ,I,;�II.. IJ . I ' I , ,I1,.• ,.at, .. '.F .. 1 r , rt nr,r- 1'IIntn IIFIV LAN/ONt0NstRTo C FLOPIDA 1900POMPANO BEACH F=L 33064 Metropolilan badd Counly, Ml nl I=lorld'a I I'UhLfc Woks DEPARtMEN1'I CERTIFICATF: hP ELIGIBILItY'r 1 EXPIRES ON 09/30/95 rr1l II $SI,Li.3 1_466 443 This certificate does not pormtt bnarei lo contract ii pktkSUNAL ENGINEERING MADE CATEGORY(S G� ERAL ENr,IN�ER Sl nature of Qualifying Agent CAflI OS F RONZON PhD . P E Seaetary Corrinrltnn Irades Q,ailyng (bard IN tIubrIONs PLACE PHOTO HEIIE 1. SIGN CERTIFICA .— 1 AT 4 PICtURE — FOLD — LMINATE 2: THIS DEPARtMEN AN LAM NATE4 EITHER QUME IN PERSON OR SEND CE TI jICATE(S ITH PH TO S)EWITH CHECK OR MONEY OF1UkR , TO 0 D _ Cod NTYBUILDING L ] INC CONTRACTOR SECTI N 111, NW 1 5 REET #101O-MIAMI,*'FL 33120. FED IS l3ZOd..PE�'LAM NATION MAKE CHECKS PAYABLE I0 bADEGOE TY BUILDING E. ZONING. PHOTOS 3. NO iFYG OI1TRACtp AA •.S CTIION pPF ANY CHANGE O ADDI ESS • 4. ABIDE by T RULES.AND REGULATIONS OF CHAPTER 10 OF DADE tUIJNTY CODE>< TILL MATTHEW P COR LNSPRINGS FL 13065 e1 1 I ,, it 11 I. DEPARTMENT BUSINESS AND PROFESSIONAL REGULATION CONST INDUSTRY LICENSING BOARD 1 DATE LICENSE N0. , 07/15/94 1 'TI-IE CERT UNDERGROUND UTILITY Ff. EXCAVATION CONT NAMED BELOW IS CERTIFIED H UNDE NG AEG ROVISIONS OF CHAPTER 189 FS, FOR THE YEAR UATCH NO.::. CU 0049468 1 94900062 TILLI, MATTHEW PRESTON LANZO CONSTRUCTION CO FLORIDA 8302 NW 37TH STREET CORAL SPRINGS FL 33065-4505 LAWTON CHILES GOVERNOR DISPLAY IN A CONSPICUOUS PLACE GEO E STU SECRETARY, 1T, .IR B P.R. BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) OW ALL MEN BY THESE PRESENTS, that we Lanzo Construction Co., Florida Principal, hereinafter called the Principal, and Insurance Company of North America orporation duly organized under the laws of the State of Pennsylvania Surety, hereinafter called the Surety, are held and firmly bound unto Village of Key Biscayne Obligee, hereinafter called the Obligee, in the sum of Five Percent (5%) of Amount of Bid Dollars is 5% of bid ), the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, adminis- tors, successors and assigns, jointly and severally, firmly by these presents. rlE,EAS, the Principal has submitted a bid for Holiday Colony, Ocean Lane and Sunrise Drives Storm Water Improvement Plans OW, THEREFORE, if the Obligee .halt accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accora- ice with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient rery for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the dif- rence not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in gccd ith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, other vise to remain in JII force and effect. geed and sealed this 15th C/rau/ce (�^/,rne17) Reviled to February. 1970 SB 57t1b Pnn•ed •'iU day of December Lanzo Construction Co., Florida zeo /Y. Ai -mew P. -nut i? efrfley (Principal) Insur n, e CompanL of North Ante ri c-- (Surety) A44 rdn)clin E. Wheeler, Resi(l nt Agent 19 94 (5cWn y -in -Fact POWER OF ATTORNEY' '; -- hsumce Company of North America a OGNA compcny 604384 - = ' Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia. Pennsylvania, pursuant to the fallowing Resolution. adopted by the Board of . Directors.ot the said Company on December 5,1983, to wit: fliESCS.W1j. That pursuant to Midas 3.ta and b.1 of the By-laws• the keening Rues Mel govern undertakings,nrn e execution for the Company of bonds, undertakings, recognizance'. an s, convects and otter wnkngs,n the nature thereof. (l) chat IM Prescient. any Sonia la a President. any VIM President. any Assistant Vice Prlieldent. Or any AltordslMrnFect. may *WM. tar and on WWI of theCompany any and W bonds., , • u denatinge, raxgrt2ancee. centred' and otter tidings In the nature thereof. 1M carne 10 be eteard when necessary by the Corporae Secretary, or any Assistant Corporate S. rotary. and - the seal of the Company a$aeal thereto: end Inet the header*. any Senior Vice Praaldsot• any Vice Poseidon/ Or any Assistant Vice President may *point and euthonse any other Clime (el.aed or Wpo4t*0 0f uw Co many. and "0003770St-Fies to as assists or attest to the execution of W such !Menge on be+Wd Ode Company end to see the Peel of Me Company thereto. • Any such writing executed In acoprdance veth thee! ratio* stns be IN binding upon the Company In any case as though signed by the President and wsuted to by In Corporate Secretary. • • The signature of the Prnioent. pr a Senior vke President, or a Vice Ptealdan. or any Assistant Via President and the tai of the Company may be Mixed by taconite on any power of attorney chanted pursuant rot tie Reaotuadn, and the agnate*Cif a aAfeng Moir end the seat of the Company may be Plied by facsimile to any ceNiute or any such power. and any such power or ushers bearing such facsimile signature and seat alas be valid and binding on the Company. (4) Such Other MOWS of ins Company. and AnWMy#tn•Fact shall hive authority to coolly or verity copies el this Re cluson. the By-laws of the Company, and any afidani or record of the Company necessary la the nfscnarge of (twin (1Nes. - • . (5) Thawing* of i n t Resolution donnot revoke any saint scantily graNedby Resolution at1ne Board of Directors adopted on June 9, 1955. May 20.1975 and March 23.1977' - does hereby nominate. constitute and appoint PHYLLIS L. DOBBINS , GUS E. ZERVOS, ANGELO G. ZERVOS , and STEVE -M. ZERVOS, all of the City of Southfield, State of Michigan corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this fZ) Al , each individually if there be more than one named, its true and lawful attorney -in -fact, to make, execute, seal and deliver on Its behalf, and as its act and deed any and all bonds, . undertakings, recogrmzances, contracts and other writings in the nature thereof in penalties not excedding FIFTEEN MILLION DOLLARS (S 15 , 000 , 000. ) each, and the execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office. IN WITNESS WHEREOF, the said R. E. Giveans, Vice -President, •has hereunto subscribed his name ,and affixed the • 15th day of December 19 A_ INSURANCE COMPANY OF NORTH AMERICA • = COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA On this 15th SS. C. R. E. GNEANS, Vice President day of December , A.D. 19 93 • . before me. a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came R. E. Giveans, Vice -President of the INSURANCE, COMPANY OF NORTH AMERICA to me personally known to be the individual_arld officer who executed the preceding instrument, and he ack(rowtedged that he executed the same. and that the teal affixed to the preceding instrument is, he corporate seat of said Company' that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporatto_n, and that Resolution, adopted by the Board of Di of said Company, referred to in the preceding instrrfinent, is now in force: ``��ON WetlyjJWHEREOF, I have hereunto set my hand and affixed my ofilcizt•seal at the Oty of Philadelphia the day and year S_E,A ? �CII : NO7ARIAFcSEAL : .� 77t� M. RAY % _ ��• r • SOR Notary Public,: �% ; �• ;% ;aI ; ��^ Notary Public ` Phladelphia;PhtledefptiiarEaunty,.PA. ‘..:!:•,://:,:,"' .,-"--,•- % ' ;�:,"=`„ -, • \-MyCommissi `- ., �2ti :�`� -\ oa Eicpfres•Octotier Q; •t9p5 - ii:� ^\� \\ ,,,,' •_,...,•••• `\`.^\ ;i^\ ; . ^� I. alt a�of-INSURANCE COMPANY NORTH'AMERICA,-do hereby cerbffi at the originOPOWE DF,,ATTORNEY: of which the Itx��t 'Id fpkk� correct copy,,is in full Idri a and'ettect; !.:t ✓; ::;• �:�% . %� ; ' AGREEMENT This Agreement is dated as of the day of in the year 19_, by and between Village of Key Biscayne and Lanzo Construction Co., Florida , hereinafter called OWNER, , hereinafter called CONTRACTOR. OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK The Contractor shall complete all Work as specified or indicated in the Contract Documents for the project entitled: Holiday Colony Ocean Land and Sunrise Drives Stormwater Improvement Plans Village of Key Biscayne Engineer's Project No. 4111.00 and generally described as follows: The work generally consists of stormwater pipe and appurtenances, pump stations, drainage wells, replacement of the asphaltic concrete roadway pavement, landscaping and sodding needed for the drainage construction as shown on Sheets C-1 through L-1 on plans bearing the same title. ARTICLE 2 - ENGINEER The Project has been designed by Williams, Hatfield & Stoner, Inc., Consulting Engineers who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to the ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TIME 1 3.1 The work shall be completed within 180 calendar days after the date of the Notice -to -Proceed in accordance with Article 2.3 of the General Conditions. 4111-00B.SPC/69P/111594 7.7 A-1 3.2. Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in Paragraph A above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two Hundred Dollars ($200.00) for each day that expires after the time specified in Paragraph A for Substantial Completion until the Work is substantially complete. After Substantial Completion if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted to OWNER, CONTRACTOR shall pay OWNER Two Hundred Dollars ($200.00) for each day that expires after the time specified in Paragraph A for completion and readiness for final payment. ARTICLE 4 - CONTRACT PRICE The OWNER shall pay to the CONTRACTOR for the performance of the Work the amounts determined for the total number of each of the following units of work completed at the unit price stated thereafter. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by this contract. 4111-00B.SPC/69P/061794 73 A-2 CONTRACTOR'S INITIALS (/f DATE: I Z -1t.51 9 y VILLAGE OF KEY BISCAYNE UNIT QUANTITY UNIT BASIN COST COST ITEM NO. DESCRIPTION - HOLIDAY COLONY 100-1 ALLOWANCE ACCOUNT LS 1 - $10,000.00 $10,000.00 101-1 MOBILIZATION LS 1 I , 000 - 130, - 101-2 INDEMNIFICATION LS 1 $25.00 - $25.00 101-3 PERFORMANCE AND PAYMENT BOND LS 1 +j)-- 15,000 - 102-7 MAINTENANCE OF TRAFFIC LS 1 IQ O( 10, 000 104-11 FLOATING TURBIDITY BARRIER LF 100 7,t000 - 380-2 DRIVEWAY RESTORATION (ASPHALT) SY 40 1 720 380-2A DRIVEWAY RESTORATION (CONCRETE) SY 40 (j coo -- 380-2B DRIVEWAY RESTORATION (SPECIALTY) SY 40 3`j I, L((j0 380-4 TREE REPLACEMENT EA 6 250 (, 5730 - 380-5 PAVEMENT MARKING SF 210 I Z,1 0 380-6 PAVEMENT OVERLAY (1") SY 14300 Z 35, 7.5D" 425-1 1 INLETS (P -BOX) FDOT'TYPE C" EA 50 l , 2L0 - 60, coo - 425-1A INLETS (J -BOX) EA 1 a1?Cy)- Z, 2c 425-2 MANHOLES (P -BOX) EA 23 (1 j- 3L, 51)0 425-2A MANHOLES (J -BOX) EA 5 7, 3°0 t SDo - 522-1 5' CONC. SWK - REMOVE & REPLACE SY 211 ZU - _ L/, 22.0 HOLIDAY COLONY SUBTOTAL 3.1 CONTRACTOR'S INITIALS DATE: Iz1is/9y ITEM NO. VILLAGE OF KEY BISCAYNE UNIT QUANTITY UNIT COST BASIN COST DESCRIPTION - HOLIDAY COLONY 425-2C CONFLICT MANHQLES (J -BOX) EA 1 f , 7c- I ,70o 425-5 ADJUSTING MANHOLES EA 4 - it ZOO 430-1 STORM SEWER PIPE (18") LF 3,064 7,45 I ZQ 430-1A STORM SEWER PIPE (24") LF 1,807 OQ- %2, (P30 - 430-1 B STORM SEWER PIPE (30") LF 300 / U() T3), () &) 430-1C STORM SEWER PIPE (36") LF 624 12c)- 7q, RW 430-2 TRENCH OVERCUT PER FT OF DEPTH LF 580 - 1,7'0 -444-70B DEEP DRAINAGE WELLS PER PLAN EA 2 2, Uoo C' 455-133 STEEL SHEET PILING (TEMP.) SF 860 10 32C) 2610-1 LS 1 Z (Di OCX)- Z C.)`()Ck) - PUMP STATION - COMPLE I L 2900-1 LANDSCAPING LS 1 t Z O UO /7,006- 2732-1 8" AC SAN FORCE MAIN RELOCATION LF 200 { U- (2L OC� HOLIDAY COLONY TOTAL f t2 -t%1,615 - I ()/:5-1,7c___� 11/07/94 filc: 4111 bat r.wk WHS Project No: 4111.00 3.2 CONTRACTOR'S INITIALS DATE: \ E - I , 5 / 9 ITEM NO. VILLAGE OF KEY BISCAYNE UNIT QUANTITY UNIT COST BASIN COST DESCRIPTION - SUNRISE DRIVE 100-1 ALLOWANCE ACCOUNT LS 1 $500.00 $500.00 101-1 MOBILIZATION , LS 1 (U, - (0 C 101-2 INDEMNIFICATION LS 1 $25.00 $25.00 101-3 PERFORMANCE AND PAYMENT BOND LS 1 Z,500- Z,_ )-- 102-7 MAINTENANCE OF TRAFFIC LS 1 Z1 5ZZ - 71.57_D 380-2 DRIVEWAY RESTORATION (ASPHALT) SY 40 1 g -7Zv - 380-2A DRIVEWAY RESTORATION (CONCRETE) SY 40 Z5 1, OW 380-2B DRIVEWAY RESTORATION (SPECIALTY) SY , 40 35 4 `-/vv 380-4 TREE REPLACEMENT EA 4 Z50 - (i ode) 380-5 PAVEMENT MARKING SF 195 1 19 j 380-6 PAVEMENT OVERLAY (1") SY 3900 Z.g° 1,7 5 425-1 INLETS (P -BOX) FDOT "TYPE C" EA 17 L,O Zo, c(a) - 425-2 MANHOLES (P -BOX) EA 8 t, ((, Ea) 425-2A MANHOLES (J -BOX) EA 1 Z f SOO- 7, 5Z6 SUNRISE DRIVE SUBTOTAL 03, 690- 11/07/94 3.3 CONTRACTOR'S INITIALS 0 DATE: (z1is(9y ITEM NO. VILLAGE OF KEY BISCAYNE UNIT QUANTITY UNIT COST BASIN COST DESCRIPTION - SUNRISE DRIVE • 425-4 ADJUSTING INLETS EA 1- -) '- 425-5 ADJUSTING MANHOLES EA 8 . X) 7,(-100- 430-1 STORM SEWER PIPE (18") LF 1,273 70 (1`,/10 430-1A STORM SEWER PIPE (24') LF 449 Qc ^ /o ,-/(v 430-2 TRENCH OVERCUT PER FT OF DEPTH LF 170 I c0" 17 C3CX_ 444-70A DEEP DRAINAGE WELL (IN -LINE) EA 2 35l 000 - 7) (a) 455-133 STEEL SHEET PILING (TEMP.) SF 800 la- I C 6(o - SUNRISE DRIVE TOTAL 292, Sto 11/07/94 filc: 411 1 bz1r.x1: WI IS Yroicct No: 4111.00 3.4 CONTRACTOR'S IN ITIALS & DATE: 1 Z --11519`i ITEM NO. VILLAGE OF KEY BISCAYNE UNIT QUANTITY UNIT BASIN COST COST DESCRIPTION - OCEAN LANE DRIVE 100-1 ALLOWANCE ACCOUNT LS 1 • $1,000.00 $1,000.00 101-1 MOBILIZATION LS 1 30,_OM - -aU, c.k Y 101-2 , INDEMNIFICATION LS 1 $25.00 $25.00 101-3 PERFORMANCE AND PAYMENT BOND LS 1 3, s - 3 5-UD - 102-7 MAINTENANCE OF TRAFFIC LS 1 1, 000 (10(X) 380-2 DRIVEWAY RESTORATION (ASPHALT) SY 40 1- 7a) 380-2A DRIVEWAY RESTORATION (CONCRETE) SY 40 ZS I c 060 380-2B DRIVEWAY RESTORATION (SPECIALTY) SY 40 35 1, L(oo 380-4 TREE REPLACEMENT EA 2 ZOO Y06) - 380-6 PAVEMENT OVERLAY (1") SY 1600 2.5v ("(, o 425-1 INLETS (P -BOX) FDOT "TYPE C" EA 2 f 70v 3, (/() 425-2 MANHOLES (P -BOX) EA 1 1,70o- (, 7c ) - 425-2A MANHOLES (J -BOX) EA 2 Z% 5/ OCEAN LANE DRIVE SUBTOTAL ( 11/07/94 3.5 CONTRACTOR'S INITIALS DATE: lz�l5'q�/ ITEM NO. VILLAGE OF KEY BISCAYNE UNIT QUANTITY UNIT COST BASIN COST DESCRIPTION - OCEAN LANE DRIVE 425-2B CONFLICT MANHOLES (P -BOX) EA 3 3, -ow u 5' 425-4 ADJUSTING INLETS EA 1 -30)-- 3jU 425-5 ADJUSTING MANHOLES EA 1 X.) " 3) -- 425-11 MODIFYING INLETS EA 7 130-- 5, z �v 430-1 STORM SEWER PIPE (18') LF 115 Qo f0, 3 430-1B STORM SEWER PIPE (30') LF 360 100 - 3(h (OQo - 430-1C STORM SEWER PIPE (36") LF 140 (ZO - I o, -cp- 430-2 TRENCH OVERCUT PER FT OF DEPTH LF 60 5- (W 444-70A DEEP DRAINAGE WELL PER PLAN EA 2 Z.5)000 50 , 000 455-133 STEEL SHEET PILING (TEMP.) SF 800 Z C(, Goo - 2610-1 LS 1 � 1 v0U- 70, C07) - PUMP STATION - COMPLE I E 2900-1 LANDSCAPING LS 1 t3 600 i5 vU°t) OCEAN LANE DRIVE TOTAL 11/07/94 file: 4111 bat WI IS Prolcct No: 4111.00 3.6 VILLAGE OF KEY BISCAYNE HOLIDAY COLONY, OCEAN LANE AND SUNRISE DRIVES SUMMARY OF BIDS AREA NO. TOTALS BASED ON ESTIMATED QUANTITIES 1 f)2,,I 615_ I HOLIDAY COLONY ITEMS $ 1 cI, (J1 J __ k 2 SUNRISE DRIVE ITEMS $ Z9Z1 s7O._ 3 OCEAN LANE DRIVE ITEMS $ 4-c1q -A TOTAL BID AMOUNT $ ()(375.1104- 104:1e_ TOTAL BID AMOUNT IN WORDS: Ni/Nle- n Q_ m < u-, o n ,o Ie D SQ_L)Qirrki OAIZ. t � Dc e� c�C� DOC-CA-e_S r p awcas file: 4111 ba12.ki. WI IS Project No: 4111.00 3.7 ARTICLE 5 - PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by the ENGINEER as provided in the General Conditions. 5.1 Progress Payments OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER upon completion and acceptance at intervals of not more than once a month. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in paragraph 14.1 of the General Conditions, less such amounts as ENGINEER shall determine in accordance with Article 14.7 of the General Conditions. 5.2 Final Payment hanged in accordance with in Article 14.13 of the General Conditions, OWNER shall pay the remainder of Addendum the Contract Price as recommended by ENGINEER as provided in said Article No. 1 14.13. Changed in Addendum No. 1 ARTICLE 6 - INTEREST 5.3 Retainage Ten percent of all monies earned by the CONTRACTOR shall be retained by the OWNER until the project is totally completed as specified, and accepted by the OWNER. Any interest earned on retainage shall accrue to the benefit of the OWNER. All moneys not paid when due hereunder shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 4111-008.sPc/69P/082494 A-4 7.2 CONTRACTOR has studied carefully all reports (if any) of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the Drawings and Specifications and which have been identified in the Supplementary Conditions. 7.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports (if any) and related data in addition to those referred to in Article 7.2 as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 7.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to the CONTRACTOR. Article 8 - CONTRACT DOCUMENTS The Contract Documents which comprise the agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 8.1 This Agreement (pages A-1 to A-11, inclusive). 8.2 Exhibits to this Agreement. 8.3 Performance and Payment Bond (pages PB-1 to PB-3, inclusive). 8.4 Release of Lien (page RL-1). 8.5 Notice of Award (pages NOA-1 to NOA-2, inclusive). 8.6 General Conditions (pages GC -1 to GC -42, inclusive) EJCDC (1990 Edition) 1910-8. 8.7 Supplementary Conditions (pages SC -1 to SC -13, inclusive, and Exhibits A through G). 8.8 Detailed Specifications (pages DS -101-1 to DS -16050-14). 8.9 Drawings, consisting of a cover sheet and sheets numbered C-1 through L-1 inclusive with each sheet bearing the following general title: Holiday Colony, Ocean Lane and Sunrise Drives, Stormwater Improvement Plans, Village of Key Biscayne (Engineer's Project No. 4111.00). 8.10 Geotechnical Engineering Study (pages GES-1 to GES-7). 4111-00B.SPC/69P/111594 '37 A-5 8.11 Addenda numbers. 8.12 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.13 Any Modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in Article 3 of the General Conditions). ARTICLE 9 - MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. ARTICLE 10 - INDEMNITY In consideration of Twenty Five Dollars ($25.00) and other valuable consideration, CONTRACTOR agrees to indemnify and hold harmless the OWNER and ENGINEER, their agents and employees in accordance with Articles 6.30, 6.31 and 6.32 of the General Conditions. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes. It is further the specific intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the "Specific Consideration" therefor. ARTICLE 11 - REIMBURSEMENT OF ENGINEERING EXPENSES Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse OWNER for all expenses of engineering and inspection incurred by OWNER during the period between said specified or adjusted time and the actual date of substantial completion. All 4111-008.SPC/69P/111594 A-6 such expenses for engineering and inspection incurred by OWNER will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as ENGINEER's charges associated with the construction contract project management, including resident project representative costs. These expenses are not included in the daily rate for liquidated damages as defined in Article 3.2 of this Agreement. These are additional expenses to be added to the liquidated damages if they are assesed against the CONTRACTOR. 4111-00B.SPC/69P/061794 31 A-7 IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. VILLAGE OF KEY BISCAYNE: By Date Mayor L-2:11 [VILLAGE SEAL] Attest City C erk Date Approved as to Form Village's Attorney Date 311-1, (1 CONTRACTO �Q (1Zu OPL9TPWL(1T10(4) By Date a614-3 PM s' i, . S2 3 LO1O [CORPORATE SEAL] Address for giving notices lcmo gu) y4 T-L3.--i-v Vpmx 21 C�- L 33c6 License No. CC 03(c (;--)Z._ Agent for service of process: PrT 02,) V IR_ 4111-006.SPC/69P/061794 A-8 ACKNOWLEDGMENT OF CONTRACTOR, IF AN INDIVIDUAL SATE OF COU P OF On this came and appeare to me known and kno ' to me to be the person described in and who executed the foregoing Contract and cknowledged that he executed the same. SS: day of , 199_, before me personally Witness my hand and official •otarial seal at the day and year above written. My Commission Expires Notary Public 4111-00B.SPC/69P/061794 41 A-9 ACKNOWLEDGMENT OF CONTRACTOR, IF A PARTNERSHIP STATE COUNTY 0 ) ) ) SS: On this day of , 199_, before me personally came and appeared , to me known and known to e to be one of the members of the partnership of _ described in and who executed the foregoing instrument and he ack •wledged that he executed the same on behalf of said partnership and that same is e act and deed of said partnership. Witness my hand and official notarial sea at the day and year above written. My Commission Expires tary Public 4111-00B.SPC/69P/061794 \-AZ A-10 ACKNOWLEDGMENT OF CONTRACTOR. IF A CORPORATION STATE OF f'WR1OPr COUNTY OF eMuLAAD SS: On this day of l , 199 -: before me personally came and appeared A rrlt-Et,) P. I ILL -I to me known, who, being by me duly sworn, did depose and say that he resides at COrGASpily"--- , that he is the I-tSS� , CC�,T((M of �1Lc) 1STR(A.CnorI C© rLGR,I oPt , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that one of the impressions affixed to said instrument is an impression of such seal; that he is the proper official of said corporation designated to execute such Contract, that he has authority so to do, that he executed same for and in behalf of said corporation, and that his act is the act and deed of said corporation. and official notarial seal at QOm O W�tness my hand r ( the day and year above written. My Commission Expires 4111-00B.SPC/69P/061794 3 A-11 PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Lanzo Construction Co., Florida Bond No. 13-000-407 as Principal, hereinafter called Contractor, and Liberty Mutual Insurance Company , a corporation of the State of , as surety, hereinafter called Surety, are held and firmly bound unto the Village of Key Biscayne as Obligee, hereinafter called Owner in the amount of YRe MilAiBn N ne xu$dfed sA Ao 'bars ($1,975,1O4.00 ) for the ousan ne undee our 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 entered into a contract with Owner for the construction of a project entitled as: Holiday Colony Ocean Land and Sunrise Drives Stormwater Improvement Plans Village of Key Biscayne Engineer's Project No. 4111.00 in accordance with Plans and Specifications prepared by Williams, Hatfield and Stoner, Inc., which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract and shall promptly make payments to all persons supplying Contractor labor, materials and supplies, used directly or indirectly by the said Contractor, or subcontractors, in the prosecution of the work provided for in said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. This bond shall cover the "One Year Correction Period" as required under Article 13.12 of the General Conditions of this Contract. 4111-006.SPC/69P/082494 PB-1 Whenever Contractor shall be, and declared by Owner in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a Bid or Bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner, and Surety of the lowest responsible Bidder, arrange for a Contract between such Bidder and Owner and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of the two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein and those persons or corporations provided for by Section 255.05, Florida Statutes, of their heirs, executors, administrators, successors or assigns. Signed and sealed this day of , A.D., 199_. CONTRACT Lanzp Construction Co., Florida By: 7-2&.: IN T\HE PRES �F: INSURANCE CO,PANY:� 1 e ' and Attorney -in -Fact Julia E. Smith, Attorney -in -Fact sue' Gerald Arch, s-id9-rft Aga-rtt 4111-00B.SPC/69P/092994 45 PB-2 CERTIFICATE AS TO CORPORATE PRINCIPALB 'c' C , certify that I am th Secretary of the Cormation napled as Principal in the foregoing Performance and Payment Bond; thatiWITIllEW V, ilLt4 , who signed the Bond on behalf of the Principal, was then 45r.S(e 0 of said Corporation; that I know his signature; and his signature thereto is genuine; and that said Bond was duly signed sealed and attested for and in behalf of said Corporation by auth ing body. (SEAL) (Name of Corpo ation) STATE OF FLORIDA ) ) SS: COUNTY OF BROWARD ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared: (ryr 3 p M„, to me well known, who being by me first duly sworn upon oath says that he is the Attorney -in -Fact for the CORPPeriT)Orl and that he has been authorized by l.rltO COAS—Klke_710R �, to execute the foregoing Performance and Payment Bond on behalf of the Contractor named therein in favor of the District. Subscribed and Sworn to before me this Z1 day of r(146/- A.D. 199- . My Commission Expires 4111-OOB.SPC/69P/061794 10 PB-3 Public, State of Florida RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the undersigned, for and in consideration of the payment of the sum of Dollars ($ ) paid by the receipt of which is hereby acknowledges, hereby releases and quit claims to the said , its successors and assigns, and , the Owner, all liens, lien rights, claims, or demands of any kind whatsoever, which the undersigned now has, or might have, against the project legally described as on account of labor performed and/or material furnished for the construction of any improvements thereon. That all labor and materials used by the undersigned in the erection of said improvements have been fully paid for. IN WITNESS WHEREOF, I have hereunto set my hand seal this day of , 19 . (seal) WITNESSES: By: State of Florida ) . County of ) SS: I hereby acknowledge that the statements contained in the foregoing Release of Lien are true and correct. Sworn to and subscribed before me this day of , 19 . Notary Public, State of Florida My Commission Expires 4111-00B.SPC/69P/092794 47 RL-1 NOTICE OF AWARD Dated 3/ 10 , 1995 TO: Lanzo Construction Co., Florida (BIDDER) ADDRESS: 2699 S. Bayshore Drive Coconut Grove, Fl 33133 OWNER'S PROJECT NO. SW -01 (Holiday) , SW -02 (Ocean Ln) & SW -03 (Sunrise Ln) PROJECT Holiday Colony, Ocean Lane and Sunrise Drives, Stormwater Improvement Plans, Village of Key Biscayne OWNER'S CONTRACT NO. SW -01, SW -02 & SW -03 CONTRACT FOR Holiday Colony, Ocean Lane and Sunrise Drives Stormwater Improvement Plans for the Village of Key Biscayne (Insert name of Contract as it appears in the Bidding Documents) You are notified that your Bid dated Dec. 15 , 1994 for the above Contract has been considered. Your are the apparent successful bidder and have been awarded a contract for: Holiday Colony, Ocean Lane and Sunrise Drives Improvement Plans, Village of Key Biscayne (Indicate total work, alternates or sections of work awarded) The Contract Price of your contract is One Million, Nine Hundred Seventy Five Thousand, One Hundred & Four Dollars ($1,975,104.00 ) . Four copies of each of the proposed Contract Documents (except drawings) accompany this Notice of Award. Four sets of the drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions prece ent within fifteen days of the date of this Notice of Award, that is by 3/A4 , 1955 . 1. You must deliver to the ENGINEER four fully executed counterparts of the Agreement including all the Contract Documents. This includes the four sets of Drawings. Each of the Contract Documents must bear your signature on the cover page. 2. You must deliver with the executed Agreement the Contract Security (bonds) as specified in the Instructions to Bidders (Article 17) and the General Conditions (Article 5.1). 4111-008.SPC/69P/092994 yg NOA-1 You must deliver proof of having licenses and permits necessary for the successful completion of the above mentioned project. I. You must deliver copies of insurance with Owner named as "Additional Insured". 5. Sign and deliver to the Engineer the enclosed four copies of the contract documents, specifically: a. the cover sheet of the contract plans b. the cover of the contract specifications c. Pages A-1 through A-11 of the contract documents as required d. Pages PB-1 through PB-3 of the contract documents as required 6. Complete and return Trench Safety Act Form. 7. Award of Contract subject to goals listed in Exhibit B F & G. Submit information for Compliance with contract. Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten days after you comply with those conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached. ___Vs tilt 4 cfitett b,Sc sit-- (OWNER)„ By i444 (AUTIIORIZED SIGNATURE) /014631 VI ii c of (TITLE) Copy to ENGINEER (Use Certified Mail, Return Receipt Requested) )0550. SUPJ LE1ENT TO BID/'ENDER FORM TBEWLSAFETTACI THIS FORA MUST BE SUBMITTED WITH BID FOR BID TO BE DEEMED RE$PoNBIVE. ,)n October 1, 1990 House Bill 3181, known as the Trench Safety tact became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards. Che Bidder, by virtue of the signature below, affirms that the Bidder is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors. Che Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. Che Bidder is also obligated to identify the anticipated method and cost of compliance with she applicable trench safety standards. BIDDER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID ?RICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT )F THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT RE PAID SEPARATELY. THEY ARE NOT —TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. rhe Bidder further identified the costs and methods summarized below: Quantity Unit .Description Unit Price Price Extended Method S eri si3 ou �c,euy s .,/ti Total $ /6,d11/ Lf! ORDER_TO B,g CONSIDERED RESPONSIVE, THE BIDDER MUST., T WITH T$ IK BID DOCU1 1' _ ..*COMPLETION REQUIRES FILLING IN THE ?PPROF OMPLETE* ,`8IS FORM,.._.$IGN SUBMIT BfAa6r � _ n J horized Signatur2a of Bidder TE DETAILS UNpER THE HEADINGS DEscR/2210N, UNIT,, OUANTITY PIUCE. UNIT PRICE, EITEND$D. AND meTfOD. CAF#170.FRM 09/28/93 NOTICE TO PROCEED Dated , 199 TO: Lanzo Construction Co., Florida (CONTRACTOR) ADDRESS: 2699 S. Bayshore Drive Coconut Grove, Fl 33133 OWNER'S PROJECT NO. sw-01 PROJECT Holiday Colony, Ocean Land and Sunrise Drives, Stormwater Improvement Plans. Village of Key Biscayne ENGINEER'S PROJECT NO. 4111.01 You are notified that the Contract Time under the above contract will commence to run on , 19_. By that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 3 of the Agreement, the dates of Substantial Completion and Final Completion are , 19_, and , 19_, respectively. (OWNER) By (AUTHORIZED SIGNATURE) (TITLE) Copy to ENGINEER (Use Certified Mail, Return Receipt Requested) 4111-00B.SPC/69P/092794 50 NTP-1 APPLICATION FOR PAYMENT NO. To (OWNER) Contract for OWNER's Contract No. ENGINEER's Project No. For Work accomplished through the date of ITEM CONTRACTOR's Schedule of Values Work Completed Unit Price Quantity Amount Quantity Amount $ $ $ Total (Orig. Contract) C.O. No. 1 C.O. No. 2 $ $ Accompanying Documentation: GROSS AMOUNT DUE LESS % RETAINAGE AMOUNT DUE TO DATE LESS PREVIOUS PAYMENTS AMOUNT DUE THIS APPLICATION $ CONTRACTOR'S Certification: The undersigned CONTRACTOR certifies that: (I) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered I through inclusive; (2) title to all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens. claims, security interest and encumbrances (except such as are coveted by Bond acceptable to OWNER indemnifying OWNER against any such lien, claim, security interest or encumbrancel. and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective as that term is defined in the Contract Documents. Dated , 19 CONTRACTOR By (Authorized Signature) Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated , 19 ENGINEER By (Authorized Signature) EJCDC No. 1910-8-E (1990 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Conti actors of America 5 1 AP -1 General Conditions 5a. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Engineers Joint Contract Documents Committee and Issued and Published Jointly By Professional Engineers in Private Practice a practice division of the National Society of Professional Engineers American Consulting Engineers Council American Society of Civil Engineers Construction Specifications Institute This document has been approved and endorsed by The Associated General Contractors of America These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910-A-1 or 1910-8-A-2) (1990 Editions). Their provisions are interrelated and a change in one may necessitate a change in the others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering Services and Contract Documents (No. 1910-9) (1986 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditicns (No. 1910-17) (1990 Edition). When bidding is involved, the Standard Form of Instructions to Bidders (No. 1910-12) (1990 Edition) may be used. 53 EJDC No. 1910-8 (19' 0 Edition) GEN-COND.90/ 1-MASTER/07'594 TABLE OF CONTENTS TITLE PAGE 1 DEFINITIONS GC -1 1.1 Addenda GC -1 1.2 Agreement GC -1 1.3 Application for Payment GC -1 1.4 Asbestos - GC -1 1.5 Bid GC -1 1.6 Bidding Documents GC -1 1.7 Bidding Requirements GC -1 1.8 Bonds GC -1 1.9 Change Order GC -1 1.10 Contract Documents GC -1 1.11 Contract Price GC -1 1.12 Contract Times GC -2 1.13 Contractor GC -2 1.14 Defective GC -2 1.15 Drawings GC -2 1.16 Effective Date of the Agreement GC -2 1.17 Engineer GC -2 1.18 Engineer's Consultant GC -2 1.19 Field Order GC -2 1.20 Gel:era! Requirements GC -2 1.21 Hazardous Waste GC -2 1.22 Law and Regulations; Laws or Regulations GC -2 1.23 Liens GC -2 1.24 Milestone GC -2 1.25 Notice of Award GC -2 1.26 Notice to Proceed GC -3 1.27 OWNER GC -3 1.28 Partial Utilization GC -3 1.29 PCBs GC -3 1.30 Petroleum GC -3 1.31 Project GC -3 1.32 Radioactive Material GC -3 1.33 Resident Project Representative GC -3 1.34 Samples GC -3 1.35 Shop Drawings GC -3 1.36 Specifications GC -3 1.37 Subcontractor GC -3 1.38 Substantial Completion GC -3 1.39 Supplementary Conditions GC -4 1.40 Supplier GC -4 1.41 Underground Facilities GC -4 1.42 Unit Price Work GC -4 1.43 Work GC -4 1.44 Work Change Directives GC -4 1.45 Written Amendment GC -4 54 EJDC No. 1910-8 (1990 Edition) GEN-COND.90/1-MASTER/07''394 GC-i TABLE OF CONTENTS TITLE PAGE 2 PRELIMINARY MATTERS GC -4 2.1 Delivery of Bonds GC -4 2.2 Copies of Documents GC -5 2.3 Commencement of Contract Times; Notice to Proceed GC -5 2.4 Starting the Work GC -5 2.5 CONTRACTOR's Responsibility to Report GC -5 2.6 Preliminary Schedules GC -5 2.7 Delivery of Certificates of Insurance GC -5 2.8 Preconstuction Conference GC -6 2.9 Initially Acceptable Schedules GC -6 3 CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE GC -6 3.1 Intent GC -6 3.2 Intent GC -6 3.3 Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies GC -6 3.4 Intent of Certain Terms or Adjectives GC -7 3.5 Amending Contract Documents GC -7 3.6 Supplementing Contract Documents GC -8 3.7 Reuse of Documents GC -8 4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS GC -8 4.1 Availability of Lands GC -8 4.2 Subsurface and Physical Conditions: GC -9 4.2.1 Reports and Drawings GC -9 4.2.1.1 Subsurface Conditions GC -9 4.2.1.2 Physical Conditions GC -9 4.2.2 Limited Reliance by CONTRACTOR Authorized; Technical Data GC -9 4.23 Notice of Differing Subsurface or Physical Conditions GC -9 4.2.4 ENGINEER's Reviews GC -10 4.2.5 Possible Contract Documents Change GC -10 4.2.6 Possible Price and Times Adjustments GC -10 4.3 Physical Conditions - Underground Facilities GC -11 4.3.1 Shown or Indicated GC -11 4.3.2 Not Shown or Indicated GC -11 4.4 Reference Points: GC -11 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material GC -12 5 BONDS AND INSURANCE GC -13 5.1 Perfomrance, Payment and Other Bonds GC -13 5.2 Failure of Surety GC -13 5.3 Licensed Sureties and Insurers; Certificates of Insurance GC -13 5.4 CONTRACTOR's Liability Insurance GC -13 57 EJDC No. 1910-8 (1990 Edmon) GEN-COND 90/1-MASTER/07'594 GC -ii TABLE OF CONTENTS TITLE PAGE 5.5 OWNER's Liability Laurance GC -15 5.6 Property Insurance GC -1S 5.7 Boiler and Machinery or Additional Property Insurance GC -15 5.8 Notice of Cancellation Provisions GC -15 5.9 CONTRACTOR'S Responsibility for Deductible Amounts GC -16 5.10 Other Special Insurance GC -16 5.11 Waiver of Rights GC -16 5.12 Receipt and Application of Insurance Proceeds GC -17 5.13 Adjustment and Settlement of Loss GC -17 5.14 Acceptance of Bonds and Insurance; Option to Replace GC -17 5.15 Partial Utilization - Property Insurance GC -17 6 BONDS AND INSURANCE GC -18 6.1 Supervision GC -18 6.2 Superintendence GC -18 6.3 Labor GC -18 6.4 Materials GC -18 6.5 Equipment GC -18 6.6 Progress Schedule GC -18 6.7 Substitutes and "Or -Equal" Items GC -19 6.7.1 General GC -19 6.7.1.1 "Or -Equal" GC -19 6.7.1.2 Substitute Items GC -19 6.7.1.3 CONTRACTOR'S Expense GC -20 6.7.2 Substitute Construction Methods or Procedures GC -2() 6.73 ENGINEER'S Evaluation GC -20 6.8 Unacceptability GC -20 6.9 Acts and Omissions, Scheduling and Coordinating GC -21 6.10 Dividing or Delineating the Work GC -21 6.11 Agreements GC -21 6.12 Patent Fees and Royalties GC -21 6.13 Pemtits GC -22 6.14 Laws and Regulations GC -22 6.15 Taxes GC -22 6.16 Use of Premises GC -22 6.17 Site Cleanliness GC -22 6.18 Safe Structural Loading GC -23 6.19 Record Documents GC -23 6.20 Safety and Precaution GC -23 6.21 Safety Representative GC -23 6.22 Hazard Communication Programs GC -23 6.23 Emergencies GC -24 6.24 Shop Drawings and Samples GC -24 6.25 Submittal Procedures - CONTRACTOR'S Review Prior to Shop Drawing or Sample Submittal GC -24 6.26 Shop Drawing and Sample Submittals Review by ENGINEER GC -25 6.27 Responsibility for Variation from Contract Documents GC -25 5 L EJDC No. 1910-8 (1990 Edition) G F.N-COND.90/1-MASTER/072594 GC -iii TABLE OF CONTENTS TITLE PAGE 6.28 Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals GC -25 6.29 Continuing the Work GC -25 6.30 CONTRACTOR'S General Warranty and Guarantee GC -25 631 Indemnification GC -26 632 Indemnification GC -26 6.33 Indemnification GC -26 6.34 Survival of Obligations GC -27 7 OTHER WORK GC -27 7.1 Related Work at Site GC -27 7.2 Safe Access and Storage of Materials, Coordinated Work GC -27 7.3 Defects, Delays or Deficiencies GC -27 7.4 Coordination GC -27 8 OWNER'S RESPONSIBILITIES GC -28 8.1 Communications to Contractor GC -28 8.2 Replacement of ENGINEER GC -28 8.3 Furnish Data and Pay Promptly When Due GC -28 8.4 Lands and Easements; Reports and Tests GC -28 8.5 Insurance: GC -28 8.6 Change Orders GC -28 8.7 Inspections, Tests and Approvals GC -28 8.8 Stop or Suspend Work; Terminate CONTRACTOR'S Services GC -28 8.9 Limitations on OWNER'S Responsibilities GC -28 8.10 Asbestos, PCB's Petroleum, Hazardous Waste or Radioactive Material GC -29 8.11 Evidence of Financial Arrangements GC -29 9 OWNER'S STATUS DURING CONSTRUCTION GC -29 9.1 OWNER'S Representative GC -29 9.2 Visits to Site GC -29 9.3 Project Representative GC -29 9.4 Clarifications and Interpretations GC -29 9.5 Authorized Variations in Work GC -30 9.6 Rejecting Defective Work GC -30 9.7 Shop Drawings GC -30 9.8 Change Orders GC -30 9.9 Payments GC -30 9.10 Determinations for Unit Prices GC -30 9.11 Decisions on Disputes GC -30 9.12 ENGINEER as Initial Interpreter GC -31 9.13 Limitations on ENGINEER'S Authority and Responsibilities GC -31 57 EJDC No. 1910-8 (1990 Edition) G EN -CO ND.90/ 1-MASTER/072594 GC -iv TABLE OF CONTENTS TITLE PAGE 10 CHANGES IN THE WORK GC -32 10.1 OWNER Ordered Change GC -32 10.2 Claim for Adjustment GC -32 10.3 Work Not Required by Contract Documents GC -32 10.4 Change Orders GC -32 10.5 Notification of Surety GC -33 11 CHANGES IN CONTRACT PRICE GC -33 11.1 Contract Price GC -33 11.2 Claim for Adjustment GC -33 11.3 Value of the Work GC -33 11.4 Cost of the Work GC -34 11.5 Exclusions to Cost of the Work GC -35 11.6 CONTRACTOR'S Fee GC -36 11.7 Cost Records GC -37 11.8 Cash Allowances GC -37 11.9 Unit Price Work GC -37 12 CHANGE OF CONTRACT TIME GC -38 12.1 Claim for Adjustment GC -38 12.2 Time of the Essence GC -38 12.3 Delays Beyond CONTRACTOR'S Control GC -38 12.4 Delays Beyond OWNER'S and CONTRACTOR'S Control GC -38 13 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK GC -39 13.1 Notice of Defects GC -39 13.2 Access to Work GC -39 133 Tests and Inspections GC -39 13.4 OWNER'S Responsibilities - Independent Testing Laboratory GC -39 13.5 CONTRACTOR's Responsibilities GC -39 13.6 Covering Work Prior to Inspection, Testing or Approval GC -39 13.7 Uncovering Work at CONTRACTOR'S Expense GC -40 13.8 Uncovering Work at ENGINEER'S Request GC -40 13.9 Uncovering Work - CONTRACTOR'S Responsibility GC -40 13.10 OWNER May Stop the Work GC -40 13.11 Correction or Removal of Defective Work GC -40 13.12 Correction Period GC -40 13.13 Acceptance of Defective Work GC -41 13.14 OWNER May Correct Defective Work GC -41 C; g EJDC No. 1910-8 (1990 Edition) G EN -CO ND.90/ 1-MASTER/07'594 GC -v TABLE OF CONTENTS TITLE PAGE 14 PAYMENTS TO CONTRACTOR AND COMPLETION GC -42 14.1 Schedule of Values GC -42 14.2 Application for Progress Payments GC -42 14.3 CONTRACTOR'S Warranty of Title GC -42 14.4 - 14.7 Review of Applications for Progress Payment GC -42 14.8 Substantial Completion GC -44 14.9 OWNER's Right of Erclusion GC -44 14.10 Partial Utilization GC -44 14.11 Final Inspection GC -45 14.12 Final Application for Payment GC -45 14.13 Final Payment and Acceptance GC -45 14.14 Final Payment and Acceptance - Delay of Completion of Work GC -46 14.15 Waiver of Claims GC -46 15 SUSPENSION OF WORK AND TERMINATION GC -46 15.1 OWNER May Suspend Work GC -46 15.2 OWNER May Terminate GC -46 153 Rights of Owner or Remedies of Owner GC -47 15.4 OWNER'S Election to Terminate Agreement GC -47 15.5 CONTRACTOR May Stop Work or Terminate GC -47 16 DISPUTE RESOLUTION GC -48 17 MISCELLANEOUS GC -48 17.1 Giving Notice GC -48 17.2 Computations of Times GC -48 173 Notice of Claim GC -49 17.4 Cumulative Remedies GC -49 17.5 Professional Fees and Court Costs Included GC -49 5M EJDC No. 1910-8 (1990 Edition) G EN -CO ND.90/ 1-MASTER/072594 GC -vi ARTICLE 1 - DEFINITIONS 1 DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terr,.s have the meanings indicated which arc applicable to both the singular and plural thereof: �.1 Addenda - Written or graphic instruments issued prior to the opening of Bids which clarify, correct, er change the Bidding Requirements or the Contract Documents. 1.2 Agreement - The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3 Application for Payment - The form accepted by he ENGINEER which is to be used by the CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4 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. 1.5 Bid - The offer or proposal of the budder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6 Bidding Documents - The auvertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7 Bidding Requirements - the Advertisement or invitation to Bid, instructions to bidders, and the Bid Form. 18 Bonds - Performance and Payment bonds and other instruments of security. 1.9 Change Order - A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorized 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. 1.10 Contract Documents - The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1. and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract Documents. is 0 EJDC No. 1910-8 (1990 Eidson) G EN-CON'D.90/ 1-MASTER/072594 GC -1 Contract Price - The monies payable to 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 11.9.1 in the case of Unit Price Work). 1.12 Contract Times - The number of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payments as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13 Contractor - The person, firm or corporation with whom OWNER has entered into the Agreement. 1.14 Defective - An adjective which when modifying the Work refers to Work that is unsatisfactory, faulty, or deficient, in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15 Drawings - The drawings which show the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16 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. 1.17 Engineer - The person, firm, or corporation named as such in the Agreement. 1.18 Engineer's Consultant - A person, firm, or corporation having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19 Field Order - A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 1.20 General Requirements - Sections of Division 1 of the Specifications. 1.21 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. 1.22 Law and Regulations; Laws or Regulations - Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 1.23 Liens - Liens, charges, security interests or encumbrances upon real property or personal property. 1.24 Milestone - A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. E.1DC No. 1910-8 (1990 Edition) GEN-COND.90/1-MASTER/072594 GC -2 1.25 Notice of Award - The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26 Notice to Proceed - A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER Fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR's obligations under the Contract Documents. 1.27 OWNER - The public body or authority, corporation, association, firm, or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28 Partial Utilization - Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all of the Work. 1.29 PCBs - Polychlorinated biphenyls. 1.30 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 Wastes and crude oils. 1.31 Project - The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32 Radioactive Material - Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.33 Resident Project Representative - The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34 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. 135 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. 1.36 Specifications - Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship applicable thereto. 1.37 Subcontractor - An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38 Substantial Completion - The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with EJDC No. 1910-8 (1990 Edition) GEN-COND.90/1-MASTER/072594 GC -3 paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39 Supplementary Conditions - The part of the Contract Documents which amends or supplements these General Conditions. 1.40 Supplier - A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41 Underground Facilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42 Unit Price Work - Work to be paid for on the basis of unit prices. 1.43 Work - The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. 1.44 Work Change Directives - A written directive 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 physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed 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 as provided in paragraph 10.2. 1.45 Written Amendment - A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2 - PRELIMINARY MATTERS 2 PRELIMINARY MATTERS 2.1 Delivery of Bonds: When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. EJDC No. 1910-8 (1990 Edition) G EN-COND.90/1-MASTER/07'2594 GC -4 2.2 Copies of Documents: OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will he furnished, upon request, at the cost of reproduction. 2.3 Commencement of Contract Times; Notice to Proceed: 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 thirty days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.4 Starting the Work: CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run. Before Starting Construction: 2.5 CONTRACTOR'S Responsibility to Report: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon 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; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6 Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1 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; 2.6.2 a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 2.6.3 a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7 Delivery of Certificates 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 paragraphs 5.4, 5.6 and 5.7. � Lf EJDC No. :910-8 (1990 Edition) GE`-COND 90/1-MASTER/072594 GC -5 2.8 Preconstuction Conference: Within twenty days after the Contract Times start to run, but before any work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others .is 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 2.6. procedures for handling Shop Drawings and other submittals. processing Applications for Payment and maintaining required records. 2.9 Initially Acceptable Schedules: Unless otherwise provided in the Contract Documents, at least ten days before submission of the first Application for Payment a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.6. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules arc submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3 CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.1 Intent: The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2 hrtent: 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 Documents. Any Work, 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 furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3 Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies: 3.3.1 Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. EJDC No. 1910-8 (1990 Edition) GEN-CO ND.90/1-MASTER/07'2594 GC -6 3.3.2 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 such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with :he Work affected thereby (except in an emergency as authorized by paragraph 6.23) •intil an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.3 Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6, 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: 3.3.3.1 the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents): or 3.3.3.2 the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER, or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.4 Intent of Certain Tema or Adjectives: Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives " reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. iob EJDC No. 1910-8 (1990 Edition) GEN-COND 90/1-MASTER/072594 GC -7 3.5 Amending Contract Documents: The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1 a formal Written Amendment, 3.5.2 a Change Order kpursuant to paragraph 10.4), or 3.5.3 a Work Change Directive (pursuant to paragraph 10.1). 3.6 Supplementing Contract Documents: In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1 a Field Order (pursuant to paragraph 9.5), 3.6.2 ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3 ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4). 3.7 Reuse of Documents: CONTRACTOR. and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.1 Availability of Lands: OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a correct 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 lien against such lands in accoriance with applicable Laws and Regulations. OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights -of -way or easements, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 1,7 FJDC No. 1910-8 (1990 Edmor) G EN-COND.90/1-MASTER/072594 GC -8 4.2 Subsurface and Physical Conditions: 4.2.1 Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1 Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2 Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.2.2 Limited Reliance by CONTRACTOR Authorized; Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 4.2.2.1 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 4.2.2.2 other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3 any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3 Notice of Differing Subsurface or Physical Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1 is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.23.2 is of such a nature as to require a change in the Contract Documents, or 4.2.3.3 differs materially from that shown or indicated in the Contract Documents, or 4.2.3.4 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 conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. EJDC No. 1910-8 (1990 Edition) GEN-COND.90/1-MASTER/072594 GC -9 4.2.4 ENGINEER's Reviews: ENGINEER will promptly review the pertinent conditions, 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. 4.2.5 Possible Contract Documents Change: If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6 Possible Price and Times Adjustments: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR's cost of, or time required for performance of, the Work; subject, however, to the following: 4.2.6.1 such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.2 a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3 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 9.10 and 11.9; and 4.2.6.4 CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4.2.6.4.1 CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment tp OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2 the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4.2.6.4.3 CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. EJDC No. 1910-8 (1990 Edison) G EN -CO ND.90/ 1-MASTER/072594 GC -10 4.3 Physical Conditions - Underground Facilities: 4.3.1 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 and ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1 OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2 The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in Drawings or Specifications or identified in the in the Contract Documents, (iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2 Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions area affected thereby (except in an emergency as reforming any Work in connection therewith (except in an emergency as required by paragraph 6.23), 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 of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times, cr both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated 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 the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR does not agree to resume such Work based a claim therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR or in connection with any other project or anticipated project. 4.4 Reference Points: 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 shall make no changes or relocations. without the prior written approval of OWNER. CONTRACtor shall report to ENGINEER whenever any reference point 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 by professionally qualified personnel. 70 EJDC No. 1910-8 (1990 Edition) GEN-COND.90/1-MASTER/07594 GC 11 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: 4.5.1 OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppliers or anyone else for whom CONTRACTOR is responsible. 4.5.2 CONTRACTOR shall immediately: (i) stop all Work in connection with such hazardous condition and in any area affected thereby (except in an emergency as required by paragraph 6.23), and (ii) notify OWNER and ENGINEER (and thereafter confirm ^uch notice in writing). OWNER shall promptly consult with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area t'ntil after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specificying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CONTRACTOR to be resumed, either party may make a claim therefor as provided in Articles 11 and 12. 4.5.3 If after receipt of such special written notice CONTRACTOR doe s 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 such portion of the Work that is in connection with such hazardous condition or in such affected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, 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 Articles 11 and 12. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. 4.5.4 To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents, and other consultants and subcontractors of each and any of them from and against all claims„ costs, losses and damages arising out of or resulting from such hazardous condition, provided that: (i) any such claim, cost, los 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, and (ii) nothing in this subparagraph 4.5.4 shall obligate OWNER to indemnify any person or entity from and against the consequences of that person's or entity's own negligence. 4.5.5 The provisions of paragraphs 4.2 and 4.3 are not intended to apply to Asbestos, PCBs Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. `7 1 EJDC No. 1910-8 (1990 Edition) GEN-COND 90/1-MASTER/072594 GC -12 ARTICLE 5 - BONDS AND INSURANCE 5 BONDS AND INSURANCE 5.1 Perfomiance, Payment and Other Bonds: 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 CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2 Failure of Surety: 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 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. 5.3 Licensed Sureties and Insurers; Certificates of Insurance: 5.3.1 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. 5.3.2 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 in accordance with paragraph 5.4. 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 in accordance with paragraphs 5.6 and 5.7 hereof. 5.4 CONTRACTOR'S Liability Insurance: CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 7z EJDC No. 1910-8 (1990 Edition) GEN-CO ND.90/1-MASTER/0'is94 GC -13 5.4.1 claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2 claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 5.4.3 claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 5.4.4 claims for damages insured by customary personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5.4.5 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 5.4.6 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. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7 with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of professional liability) OWNER, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.8 include 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; 5.4.9 include completed operations insurance; 5.4.10 include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 633; 5.4.11 contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions; to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 5.4.12 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 13.12; and 5.4.13 with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued 73 EJDC No. 1910-8 (1990 Edition) G EN -CO ND.90/ 1-MASTER/071594 GC -14 evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 5.5 OWNER'S Liability hnst:ranee: In addition to the insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNE against claims which tray arise from operations under the Contract Documents. 5.6 Property Insurance: Unless otherwise provided in the Supplementary Conditions, OW purchase and maintain property insurance upon the Work at the site in the amoun eplacement cost thereof (subject to such deductible amounts as may be pr •plementary Conditions or required by Laws and Regulations). This insur. ce 5.6.1 5.6.2 • R shall f the full ded in the shall: include the interests of OWNER, CONTRACTOR, Subcontr ors, ENGINEER, NGINEER's Consultants and any other persons or lilies identified in S lementary Conditions, each of whom is deemed to have , n insurable interest and shal e listed as an insured or additional insured; • be writte form that temporary following perils. 5.6.3 include expenses incurred (including but not limited to s; r special causes of loss policy al loss or damage to the Work, and shall insure against at !east the age. theft. vandalism and malicious , demolition occasioned by enforcement d such other perils as may be specifically the epair or replacement of any insured property and charges of engineers and architects); t stor• • at the site or at another location that was agreed •nor to bet incorporated in the Work, provided that such nt have been eluded in an Application for Payment INEER; and 5.6.4 cover materials and equipm to in writing by OWNE materials and equip recommended by E 5.6.5 be maintain writing by 0 to each of 5.7 Boiler a, such boiler the Sup 5.8 ve ed ' effect until final payment i R, CONTRACTOR and ENGI r additional insured to whom a certifi ade unless otherwise agreed to in ER with thirty days written notice e of insurance has been issued. • hall purchase and maintain e as may be required by dude the interests of Consultants and any whom is deemed sured. • otice of Cancellation Provisions: All the policies of insurance (and the certific es or other evidence thereof) required to be purchased and maintained by OWNER in accor• a nee with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage affo ed will not be cancelled or materially changed or renewal refused until at least thirty days' prior tten notice has been eiven to OWNER and CONTRACTOR and to each other additional insu d to whom a certificate of insurance has been issued and will contain waiver provisions i accordance with paragraph 5.11. *7 Li EJDC No. 1913-8 (1990 Edition) GEN-COND 90/1-MASTER/0"2594 GC -15 CONTRACTOR's Responsibility for Deductible Amounts: OWNER shall not be respo or hasing and maintaining any property insurance to protect the interests of • CTOR, Subcon . .rs or others in the Work to the extent of any dedu amounts that are identified in th . .lementary Conditions. The risk of loss such identified deductible amount, will be borne • • NTRACTOR, Subcontra •r others suffering any such loss and if any of them wishes property t ance cover. : [thin the limits of such amounts, each may purchase and maintain it at the purch own expense. 5.10 Other Special Insuran CONTRACTOR requests ' riting that other special insurance be included i property insurance policy maintained by • R covering any provided under graphs 5.6 or 5.7, OWNER shall, if possible, include such t ance, and the cost eof will be charged to CONTRACTOR by appropriate Change Or• •r Written Amendment. Prior to commencement of the Work at the site, OWNER shall in writin: . • 'se CONTRACTOR whether or not such other insurance has been procured by OWNER. 5.11 Waiver of Rights: 5.11.1 OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraphs 5.6 and 5.7 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and all other persons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds in such policies and will provide primary coverage for all losses and damages caused by the perils 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, employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER's Consultants and all other persons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds 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. 5.11.2 In addition, OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and the officers, directors, employees and agents of any of them, for: 5.11.2.1 Loss due to business interruption, loss of use or other consequential loss extending beyond direct physical loss or damage to OWNER's property or the Work caused by, arising out of or resulting from fire or other peril, whether or not insured by OWNER; and 5.11.2.2 loss or damage to the completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to paragraph 14.10. after substantial completion pursuant to paragraph 14.10, after substantial completion pursuant to paragraph 14.18 or after final payment pursuant to paragraph 14.13. Any insurance policy maintained by OWNER covering any loss, damage or consequential loss referred to in this paragraph 5.11.2 shall contain provisions to the effect that in the event of payment of any such loss, damage or consequential loss the EJDC No. 1910-8 (1990 Edition) GEN-COND.90/1-MASTER/072394 GC -16 insurers will have no rights of recovery against any of CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and the officers, directors, employees and agents of any of them. 5.12 Receipt and Application of Insurance Proceeds: Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 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 5.13. 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 monies so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13 Adjustment and Settlement of Loss: 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 fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, OWNER as fiduciary shall give bond for the proper performance of ,uch duties. 5.14 Acceptance of Bonds and Insurance; Option to Replace: If either party (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 ten days after receipt of the certificates (or other evidence requested) required by paragraph 2.7. 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 v.'riting 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 of remedy, the other party may elected 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. 5.15 Partial Utilization - Property Insurance: If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the property insurance 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 cancelled or permitted to lapse on account of any such partial use or occupancy. -7 to FJDC No 1910-8 (1990 Edition) GEN-COND 90/1-MASTER/07594 GC -11 ARTICLE 6 CONTRACTOR'S RESPONSIBILITIES 6 BONDS AND INSURANCE 6.1 Supervision: CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, denoting 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 fcr the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others 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. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.2 Superintendence: CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, 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 to the superintendent shall be as binding as if given to CONTRACTOR. 6.3 Labor: CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. 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 indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER . 6.4 Materials: Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all 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 furnishing, performance, testing, start-up and completion of the Work. 6.5 Equipment: All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for 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 kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. 6.6 Progress Schedule: CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1 CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 77 EJDC No. 1910-8 (1990 Edition) G EN -CO N D .90 / 1 -MASTER / 07"94 GC -18 6.6.2 Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7 Substitutes and "Or -Equal" Items: 6.7.1 General: 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 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 accepted by ENGINEER under the following circumstances: 6.7.1.1 "Or -Equal": 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 acceptance of proposed substitute items. 6.7.1.2 Substitute Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a proposed substitute item. 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. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER will nay decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR'S achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. 78 ETDCNo 1910-8 (1990 Edition) G EN-COtr D.90/ 1-MASTER/07'594 GC -19 ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute. 6.7.1.3 CONTRACTOR'S Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense. 6.7.2 Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure Or construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3 ENGINEER'S Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2 ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal"' or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes, proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. Concerning Subcontractors, Suppliers and Others: 6.8 Unacceptability: 6.8.1 CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2). whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6.8.2 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's or ENGINEER'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 person or organization so identific d may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute, the Contract Price will be adjusted by the difference in the cost occasioned by such substitution and -7 q E1DC No. 1910-8 (1990 Edition) GEN-COND.90/1-MASTER/07'594 GC -20 an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any suc.i Subcontractor shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9 Acts and Omissions, Scheduling and Coordinating: 6.9.1 CONTRACTOR shall he fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization, nor ;hall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any monies due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6.9.2 CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR. 6.10 Dividi:lg or Delineating the Work: The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11 Agreements: All Work performed will be pursuant to an appr 3priate 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 5.6 or 5.7, the agreement between the CONTRACTOR and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants and all other additional insureds for all losses and damages caused by, arising out of or resulting from any of the perils 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. 6.12 Patent Fees and Royalties: CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the 20 UDC No. 1910-8 (1950 ::diaw•n ) GEN-COND 9C/1-MASTER/072594 GC -21 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. 6.13 Permits: Unless otherwise provided In the Supplcmcntarn 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 ,here are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges for such utility owners for capital costs related thereto such as plant investment fees. 6.14 Laws and Regulations: 6.14.1 CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and 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. 6.14.2 If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; 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 3.3.2. 6.15 Taxes: 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. 6.16 Use of Premises: CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises 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. 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. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising oat of or resulting from 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. 6.17 Site Cle,azliness: During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. EJDC No. 1910 (1990 Edttnm) GEN-COND 90/1-MASTER/072594 GC -22 6.18 Safe Structural Loading: 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. 6.19 Record Documents: CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all 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 ENGINEER for OWNER. 6.20 Safety and Precaution: CONTRACTOR shall be responsible for initiating, maintaining and ;upervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1 all persons on the Work site or who may be affected by the Work; 6.20.2 all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3 other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damz.ge, 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 utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions 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 person or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21 Safety Representative: 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. 6.22 Hazard Communication Programs: CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. 3z EJDC No. 1910-8 (1990 Edition) G EN -C O ND.90 / 1 -MASTER / 07.'594 GC -23 6.23 Emergencies: In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. 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 to document the consequences of such action. 6.24 Shop Drawings and Samples: 6.24.1 CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.2 CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25 Submittal Procedures - CONTRACTOR's Review Prior to Shop Drawing or Sample Submittal: 6.25.1 Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: 6.25.1.1 all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.1.2 all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.3 all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2 Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR'S obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. $3 E]DC No. 1910-8 (1990 Edition) G EN -CO ND.90/ 1-MASTER/07'394 GC -24 6.25.3 At the time of each submission. CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26 Shop Drawing and Sample Submittals Review by ENGINEER: ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 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 construction 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. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27 Responsibility for Variation from Contract Documents: ENGINEER's review and approval of Shop Drawings or Samples shall not relieve. CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28 Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals: Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submissions accepted by ENGINEER as required by paragraph 2.9, 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. 6.29 Continuing the Work: 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 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.30 CONTRACTOR'S General Warranty and Guarantee: 6.30.1 CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damages caused by: 6.30.1.1 abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 6.30.1.2 normal wear and tear under normal usage. $4 EJDC No. 1910-8 (1990 Edition) GEN-COND.90/1-MASTER/072594 GC -25 6.30.2 CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall he 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 1bligation to perform the Work in accordance with the Contract Documents: 6.30.2.1 observations by ENGINEER; 6.30.2.2 recommendation of any progress or final payment by ENGINEER; 6.30.2.3 the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.2.4 use or occupancy of the Work or any part thereof by OWNER; 6.30.2.5 any acceptance by OWNER or any failure to do so; 6.30.2.6 any review and approval of a Shop drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.14; 6.30.2.7 any inspection, test or approval by others; or 6.30.2.8 any correction of defective Work by OWNER. 6.31 Indemnification: To the fullest e ctent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEFR's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32 Indemnification: In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 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 person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33 Indemnification: The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGINEER, and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence errors or omissions of any of them. <a5 EJDC No. 1910-8 (1090 Edition) GEN-COND 90/1-MASTER/072594 GC -26 6.34 Survival of Obligations: All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7 - OTHER WORK 7 OTHER WORK 7.1 Related Work at Site: OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work, and (ii) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2 Safe Access and Storage of Materials, Coordinated Work: CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and 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. 7.3 Defects, Delays or Deficiencies: If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. 7.4 Coordination: If OWNER contracts with others for the performance of other work on the Project at the Site, the following will be set forth in the Supplementary Conditions: 7.4.1 the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 53b EJDC No. 1910-s3 (1990 Edition) GEN-COND.90/1-MASTER/072594 GC -27 7.4.2 the specific matters to be covered by such authority and responsibility will he itemized; and 7.4.3 the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8 OWNER'S RESPONSIBILITIES 8.1 Communications to Contractor: Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2 Replacement of ENGINEER: In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.3 Furnish Data and Pay Promptly When Due: OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4 Lands and Easements; Reports and Tests: OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. 8.5 Insurance: OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.10. 8.6 Change Orders: OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7 Inspections, Tests and Approvals: OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8 Stop or Suspend Work; Terminate CONTRACTOR's Services: In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. 8.9 Limitations on OWNER's Responsibilities: The OWNER shall not supervise, direct, or have control authority, 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 furnishing or performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. $7 EJDC No. 1910-8 (1990 Edition) GEN-CC \"D.90/1-MASTER/072594 GC -28 8.10 Asbestos, PCB's Petroleum, Hazardous Waste or Radioactive Material: OWNER'S responsibility in respect of undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in paragraph 4.5. 8.11 Evidence of Financial Arrangements: 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 - OWNER'S STATUS DURING CONSTRUCTION 9 OWNER'S STATUS DURING CONSTRUCTION 9.1 OWNER'S Representative: ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. 9.2 Visits to Site: ENGINEER will make visits to the site at intervals 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 will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on -site inspections 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 on -site observations ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control, or have authority over cr 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 furnishing or performance of the Work. 9.3 Project Representative: If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The :esponsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.13 and in the Supplementary Conditions. 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 such other person will be as provided in the Supplementary Conditions. 9.4 Clarifications and Interpretations: ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from Contract Documents. Such written 8$ EJDC No. 1910-8 (1990 Edition) G EN-COND.90/ 1-MASTER/072594 GC -29 clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR believes that a written clarification or int::rpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any. OWNER or CONTRACTOR may make a written claim herefor as provided in Article 11 or Article 12. 9.5 Authori:ed Variations in Work: 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 Documents. These may be accomplished by a Fred Order and will be birding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustmert in the Contract Price or the Contract Times and the parti';s arc unable to agree as to the amount or extent thereof, OW NER or CONTRACTOR may make a written claim therefor as provided in Article 11 or 12. 9.6 "ejecting Defective Work: ENGINEER will have the authority to disapprove or reject Work .vhich 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 13.9, whether or not the Work is fabricated, installed or completed. 9.7 Shop Drawings: In connectiou with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.2.1 through 6.28 inclusive. 9.8 Change Orders: In connection with ENGI:NEER's authority as to Change Orders, see Articles 10, 11, and 12. 9.9 Payments: In co<nection with ENGINEER's authority as to Applications for Payment, see Article 14. 9.10 Determinations for Unit Prices: 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 there, n will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER cr CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i ; an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16 or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise ,uch rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. 9.11 Decisions on Disputes: ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles 11 and 12 in respect of changes in the Contract Price or Sc‘ PJOC No. 1910-8 (1990 Edition) GEN-COND 90/1-MAS 9R/07'344 GC -30 Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.12 ENGINEER as Initial Interpreter: When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pursuant to Article 16. 9.13 Limitations on ENGINEER'S Authority and Responsibilities: 9.13.1 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 owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. 9.13.2 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, ur for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. lo EJDC No. 1910-8 (1990 Eda lon) GEN-COND 90/1-MASTER/072594 GC -31 9.13.3 ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.13.4 ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals and Other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.13.5 The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants. ARTICLE 10 - CHANGES IN THE WORK j Modified in Supplementary Conditions) 10 CHANGES IN THE WORK 10.1 OWNER Ordered Change: Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2 Claim for Adjustment: If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article 11 or Article 12. 10.3 Work Not Required by Contract Documents: 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 and supplemented as provided in paragraphs 3.5 and 3.6 except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4 Change Orders: OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10.4.1 changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties; 10.4.2 changes in the Contract Price or Contract Times which are agreed to by the parties; and Q' EJDC No. 1910-8 (1990 Edition) GEN-COND.90/1-MASTER/072594 GC -32 10.4.3 changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; 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 6.29. 10.5 Notification of Surety: 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, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11 - CHANGE OF CONTRACT PRICE Modified in Supplementary Conditions I 11 CHANGES IN CONTRACT PRICE 11.1 Contract Price: The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2 Claim for Adjustment: The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3 Value of the Work 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: 11.3.1 where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1 through 11.9.3, inclusive); 11.3.2 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 11.6.2); 9Z EJDC No. 1910-8 (1990 Edition) G EN-COND.90/ 1-MASTER/072594 GC -33 11.3.3 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 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). 11.4 Cost of the Work: The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. 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 11.5: 11.4.1 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 after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2 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 payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3 Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished 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 accepted. 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 paragraphs 11.4, 11.5, 11.5 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4 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. 11.4.5 Supplemental costs including the following: 11.4.5.1 The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 93 EJDC No. 1910-8 (1990 Edition) G EN-COND.90/ 1-MASTER/07''594 GC -14 11.4.5.2 Cost, including transportation and maintenance, 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 performance of 'he Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3 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 advise of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof -- all in accordance with the terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4 Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Rcgulations. 11.4.5.5 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. 11.4.5.6 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 and and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they 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. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7 The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9 Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5 Exclusions to Cost of the Work: The term Cost of the Work shall not include any of the following: 11.5.1 Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in The My EJDC No. 1910-8 (1990 Edition) GEN-COND 90/1-MASTER/072594 GC -35 agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4 -- all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.5.2 Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3 Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4 Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by 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. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6 CONTRACTOR'S Fee: The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1 a mutually acceptable fixed fee; or 11.6.2 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; 11.6.2.1 for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2 for costs incurred under paragraph 11.43, the CONTRACTOR's fee shall be five percent; 11.6.23 where one or more tiers of subcontracts are is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and :1.4.2 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; 11.6.2.4 no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5 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 ci EJDC No. 1910-8 (1990 Edition) GEN-COND.90/1-MASTER/072594 GC -36 11.6.2.6 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 11.6.2.1 through 11.6.2.5, inclusive. 11.7 Cost Records: Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. 11.8 Cash Allowances: 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 furnished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 11.8.1 the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2 CONTRACTOR's costs for unloading and handling on the site, labor, installation cost-, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. 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. 11.9 Unit Price Work: 11.9.1 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 established unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not 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 in accordance with paragraph 9.10. 11.9.2 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. 11.93 OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if: 11.9.3.1 the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 11.9.3.2 there is no corresponding adjustment with respect to any other item of Work; and ct EJDC No. 1910-8 (1990 Edition) GEN-COND.90/1-MASTER/072594 GC -37 11.9.3.3 if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT TIMES 12 CHANGE OF CONTRACT TIME 12.1 Claim for Adjustment: The Contract Times (cr Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2 Time of the Essence: All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3 Delays Beyo:id CONTRACTOR'S Control: Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. 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 contem' lated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4 Delays Beyond OWNER's and CONTRACTOR's Control: Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of CONTRACTOR, or (ii) delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. 97 FJDC No. 1910-8 (1990 Edition) GEN-COND 90/1-MASTER/072594 GC -38 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACONTRACTOREPTANCE OF DEFECTIVE WORK 13 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1 Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13. 13.2 Access to Work: OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to 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. Modified 13.3 Tests and Inspections: CONTRACTOR shall give ENGINEER timely notice of readiness of in Supp . the Work for all required inspections, tests or approvals, and shall cooperate with inspection Conditions and testing personnel to facilitate required inspections or tests. 13.4 OWNER'S Responsibilities - Independent Testing Laboratory: 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: 13.4.1 for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2 that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 below shall be paid as provided in said paragraph 13.9: and 13.4.3 as otherwise specifically provided in the Contract Documents. 13.5 CONTRACTOR'S Responsibilities: 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 thereof, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also 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 of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6 Covering Work Prio.- to Inspection, Testing or Approval: 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. 9 EJDC No. 1910-8 (1990 Edition) GEN-CO ND.90/ 1-MASTER/07594 GC -39 13.7 Uncovering Work at CONTRACTOR'S Expense: Uncovering Work as provided in paragraph 13.6 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. 13.8 Uncovering Work at ENGINEER'S Request: 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. 13.9 Uncovering Work - CONTRACTOR'S Responsibility: 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. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from 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, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. 13.10 OWNER May Stop the Work: If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or 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 CONTRACTOR or any surety of other party. 13.11 Correction or Removal of Defective Work: If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12 Correction Period: 13.12.1 If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents, or specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or EJDC No. 1910-8 (1990 Edition) GEN-COND.90/1-MASTER/072594 GC -40 resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2 In special circumstances where a particular item of equipment is placed in continuous service before Substantial C.mmpletion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3 Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. 13.13 Acceptance of Defective Work: If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination such defective Work (such costs to be approved by ENGINEER as to reasonableness). 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, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance accurs after such recommendation, at. appropriate amount will be paid by CONTRACTOR to OWNER. 13.14 OW.VER May Correct Defective Work: E 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 13.11. or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CCNTRACTOR 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, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. 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. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. k00 EJDC No 1910-8 (1990 Edition) GEN-COND.90/1-MASTER/07'.594 GC -41 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14 PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Schedule of Values: The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.2 Appucation for Progress Payments: At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled .wt 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 'nd equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will he satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. 14.3 CONTRACTOR's Warranty of Title: 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. 14.4 - 14.7 Review of Applications for Progress Payment: 14.4 ENGINEER will, within ten 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. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5 ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on -site observations 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: 14.5.1 the Work has progressed to the point indicated, 14.5.2 the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation), and 10 1 E1DC No. 1910-8 (1990 Edition) G E N -C O ND.90 / 1 -MASTER / 07'5 94 GC -42 14.5.3 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. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6 ENGINEER's recommendation of any payment, including final payment, shall not mean that ENGINEER is 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 furnishing or performance of the Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7 ENGINEER may refuse to recommend the whole or any part of payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1 the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2 the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3 OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4 ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5 claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work. 14.7.6 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, 14.7.7 there are other items entitling OWNER to set-off against the amount recommended, or 14.7.8 OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through 14.7.30, or paragraphs 15.2.1 through 15.2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the 102 EJDC No. 1910-8 (1990 Edition) GEN-COND.90/1-MAS I ER/072594 GC -43 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. 14.8 Substantial Completion: 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. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen 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 fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, 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. 14.9 OWNER'S Right of Exclusion: OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 14.10 Partial Utilization: Use by OWNER at OWNER's option of any substantially completed part of the Work which: (i) has specifically been identified in the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be OWNER for its intended purpose without significant interference with CONTRACTOR'S performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1 OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a Certificate of Substantial Completion or that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work 103 EJDC No. 1910-8 (1990 Edition) GEN-COND.90/1-MASTER/0'7'94 GC -44 to determine its status of cothpletion. 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 paragraphs 14.8 and 14.9 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. 14.10.2 No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. 14.11 Final Inspection: Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.12 Final Application for Payment: After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens 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. 14.13 Final Payment and Acceptance: 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 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 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after the presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR. EJDC No. 1910-8 (1990 Edition) GEN-COND.90/1-MASTER/072594 GC -45 14.14 Final Payment and Acceptance - Delay of Completion of Work: If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed end 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 5.1, 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. 14.15 Waiver of Claims: The making and acceptance of final payment will constitute: 14.15.1 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 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.15.2 a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15 SUSPENSION OF WORK AND TERMINATION 15.1 CWNER May Suspend Work: At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than ninety 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 allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. 15.2 OWNER May Terminate: Upon the occurrence of any one or more of the following events: 15.2.1 if CONTRACTOR persistently f2ils 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 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2 if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.3 if CONTRACTOR disregards the authority of ENGINEER; or \05 FJDC No 1910-8 (1Q`i0 Edition) GEN-CO`D.90/1-MASTER/0TS94 GC -46 15.2.4 if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from 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, provided that when exercising any rights or remedies under this OWNER shall not be required to obtain the lowest price for the Work performed. 15.3 Rights of Owner or Remedies of Owner: 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. 15.4 OWNER'S Election to Terminate Agreement: Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1 for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2 for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3 for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4 for reasonable expenses directly attributable to termination. 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. 15.5 CONTRACTOR May Stop Work or Terminate: If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy �0to EJDC No. 1910-8 (1990 Edition) G EN -CO ND.90/ 1-MASTER/07'594 GC -47 such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven day's written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16 DISPU OLUTION If and to the extent that 0 resolving disputes between them that m and procedure, if any, shall be as set f attached hereto and made a resolving such dis 9.12, 0 ereof. If no such agre as been reached, and subject to the provisio and CONTRACTOR may exercise such rights or remedies as eit r the Contract Documents or by Laws or Regulations in respect of any dispute. d CONTRACTOR hav on the method and procedure for Agreement, such dispute resolution method C -A. "Dispute Resolution Agreement", to be on the method and procedure for aragraphs 9.10, 9.11, and otherwise have ARTICLE 17 - MISCELLANEOUS 17 MISCELLANEOUS 17.1 Giving Notice: Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2 Computations of Times: 17.2.1 When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.2.2 A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. 07 EJDC No. 1910-8 (1990 Edition) G EN -CO ND.90/ 1-MASTER/07'594 GC -48 17.3 Notice of Claim: Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any Lf the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 17.4 Cumulative Remedies: The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. 17.5 Professional Fees and Court Costs Included: Whenever reference is made to "claims, costs, losses and damages", it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. 0$ EJDC No. 1910-8 (1990 Edition) G EN -CO ND.90/ 1-MASTER/072594 GC -49 SUPPLEMENTARY CONDITIONS 1. SUBCONTRACTORS AND PRINCIPAL MATERIAL MANUFACTURERS The apparent low bidder, and such other bidders as Owner may request in writing, shall submit to Owner a list of all subcontractors and other persons and organizations (including those who are to furnish the principal items of materials and equipment) proposed for any portion of this Project in conformance with the "Instructions to Bidders." When this list is approved, no deviations shall be allowed from that list without the written consent of the Engineer. 2. INSURANCE 2.1 Insurance General Requirements All insurance to be provided by Contractor shall: 2.1.1 Be issued by an insurance company with a Best's A+ rating or better licensed to do business in Florida; 2.1.2 Be issued as a primary policy; 2.1.3 Name Contractor as an insured and Owner as an additional insured; and 2.1.4 Contain an endorsement requiring thirty (30) days' written notice from the insurance company to Owner and Contractor prior to cancellation or any change in coverage, scope, or amount of any policy. Each insurance policy to be provided by Contractor or a certificate of insurance evidencing same, together with proof of payment of the premium, shall be delivered to Owner with the signed agreement and evidence of renewal of each policy shall be provided to Owner not less than ten (10) days prior to the expiration of the policy. 2.2 Public Liability and Property Damage Insurance The Contractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance as shall protect him and any subcontractor performing work covered by this Contract from claims for damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from operations under this Contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows: 4111-OOC.SPC/69P/092994 SC -1 Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Automobile Liability with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit for Bodily Injury Liability and Property Damage. 2.3 Workman's Compensation Insurance The Contractor shall obtain and maintain during the life of this Contract, Workmen's Compensation Insurance as provided by the laws of the State of Florida and shall require all subcontractors to provide the same. The Contractor shall comply in all respects with all Federal, State, and Local safety and health regulations. Copies of the Federal regulations may be obtained from the U.S. Department of Labor, Occupation Safety and Health Administration (OSHA), Washington, D.C. 20210 or their regional offices. 2.4 Contingent Liability The above policies for Public Liability and Property Damage Insurance and Workmen's Compensation Insurance must be so written as to include Contingent Liability and Contingent Property Damage Insurance to protect the Contractor against claims arising from the operations of subcontractors. All insurance policies required herein shall contain a provision whereby the company executing the same shall obligate itself to notify the Engineer in writing, at least fifteen (15) days before any alteration, modification or cancellation of such policies becomes effective. Special hazards such as, but not limited to, explosion, collapse and underground shall be covered by rider or riders to the Comprehensive General Liability Insurance Policy or Policies herein required to be furnished by the Contractor to provide coverage for all the types and conditions of construction necessary to be performed under this Contract. 2.5 Additional Insured Village of Key Biscayne is to be expressly included as an "Additional Insured" with respect to liability arising out of operations performed for the Village of Key Biscayne or on behalf of Contractor or acts or omissions of Village of Key Biscayne in connections with general supervision of such operation. 4111-00C.SPC/69P/092994 \k0 SC -2 2.6 Expiration of Insurance If the initial insurance expires prior to the completion of the work, renewal copies of policies shall be furnished 30 days prior to the date of their expiration. Notice of Cancellation and/or Restriction - the policy(ies) must be endorsed to provide the Village of Key Biscayne with 30 days notice of cancellation and/or restriction. 3. RESIDENT PROJECT REPRESENTATIVE A Resident Project Representative will be assigned to assist Engineer in carrying out his responsibilities. The duties, responsibilities and limitations of authority of the Resident Project Representative are set forth in Exhibit "C" included in these Supplementary Conditions. 4. ESTIMATED QUANTITIES The quantities stipulated in the proposal for various items are approximate only and subject to increase, decrease or deletion in order to make them conform to the program of work selected and actual construction performed. The Contractor shall perform a complete and finished job of the scope designated in the award whether the final quantities are more or less than those estimated. 5. DELETIONS AND MODIFICATIONS TO THE GENERAL CONDITIONS 5.1 Article 10 - Changes in the Work - The Engineer may authorize an increase or decrease to the quantity of work without involving an adjustment to the unit price of an item provided the change is no more than 20% of the original quantity and is consistent with the overall intent of the contract plans and documents. This will be considered a minor change. 5.2 Article 11 - Change of Contract Price - Minor changes to the contract quantities will not require Owner's approval when authorized in writing by the Engineer. The final Change Order shall include an itemized list, with documentation by the Engineer, of such minor changes to the contract quantities. 5.3 Article 13.3 - Tests and Inspections - Add the following to the end of this Article: "Twenty four (24) hour (minimum) notification from the Contractor to the Engineer shall be given for all inspections, tests, and approvals. 4111-00C.SPC/69P/092994 kti SC -3 5.4 Article 16 - Dispute Resolution Delete this Article in its entirety and substitute the following: "All claims, disputes and other matters in question between Owner and Contractor arising out of, or relating to, this Contract or the breach thereof, except for claims which have been waived by Article 14.15, shall be subject to litigation by the parties. 6. UTILITIES 6.1 Notification/Responsibilities The Contractor shall notify each utility company two weeks prior to the start of construction to arrange for positive underground location, relocation, or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Moving any watermains or utilities solely for the convenience of the Contractor shall be paid for by the Contractor. All charges by utility companies for temporary support of its utilities shall be paid for by the Contractor. All costs of permanent utility relocations to avoid conflict shall be the responsibility of the Contractor and the utility company involved. No additional payment will be made for any form of utility relocation, whether or not said relocation is necessitated by this project to avoid conflict therewith. Any temporary support of utility poles or underground ducts will be reimbursed from the allowance account. 6.2 Verification All underground information is shown on the Plans to the extent and is as complete and accurate as can be determined from existing records. It shall be the Contractor's responsibility to verify the known locations. He shall fully understand that certain structures may not be located precisely as shown, or may be omitted entirely. The positions of certain structures and utilities directly affects the proposed construction. Therefore, in order to ensure that the proposed work can actually be positioned as planned, the Contractor shall make any excavation necessary for location of structures and utilities prior to construction of that particular portion of the project. All overhead, surface, or underground structures and utilities encountered in trenching, whether shown on the Plans or not shown on the Plans, are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired with a reasonable time; needless delay will not be tolerated. The Owner reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the Contractor. 4111-00C.SPC/69P/092994 112_ SC -4 All such repairs made by the Contractor are to be made to the satisfaction of the Utility Owner; all damaged utilities must be replaced or prevented from leaking. All repairs are to be inspected by the Utility Owner prior to backfilling. 6.3 Maintenance of Existing Utility Services 6.3.1 General: The Contractor shall fully cooperate at all times with the Owner in order to maintain utility service with the least amount of interference and interruption possible. Public health and safety considerations shall exceed all others and the Contractor's schedule, plan, and work shall at all times be subject to alteration and revision if necessary for public health and safety considerations. The creation of a public nuisance will not be permitted. 6.3.2 It may become necessary for the Contractor to interrupt water and sewer service to the existing buildings. In all cases the Contractor shall prepare and submit to the Engineer, 48 hours prior to commencing the work, a complete description of his proposed procedure and a time schedule which he will guarantee. Twenty-four (24) hours prior to the time proposed for starting the work the Contractor will be notified whether or not the work will be permitted as proposed. 6.3.3 In no case will the Contractor be permitted to interfere with any existing service until all materials, supplies, equipment, tools and incidentals necessary to complete the work are on the job site. 6.3.4 The Engineer and the Owner reserve the right to require the Contractor to work twenty-four (24) hours per day in all cases where the interference with existing water and sewer service may result in health hazards, offensive conditions, or serious inconveniences to persons served by the system. 6.3.5 Miami -Dade Water and Sewer Department (WASD) will be responsible for maintaining the existing watermains including service connections. Any adjustment to any watermains or repair of broken watermains will be handled by WASD. The cost will be assessed to the Contractor. Any approved relocation or replacement will be reimbursed to the Contractor through the allowance account. Any cost of adjustment or repair to the water service connections shall be paid for by the Contractor and not reimbursed by the Owner. The Contractor shall replace sanitary sewer laterals in -kind or with approved WASD materials and construction methods at his own expense. No reimbursement for sanitary sewer laterals will be paid for by the Owner. 4111-00C.SPC/69P/111594 SC -5 7. CONSTRUCTION SCHEDULE The Contractor shall submit a construction schedule to the Engineer at the pre -construction meeting. 8. U.S. DEPARTMENT OF TRANSPORTATION MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES Any work that requires traffic control shall conform with the following documents: 8.1. U.S. Department of Transportation - Federal Highway Administration - Manual on Uniform Traffic Control Devices (M.U.T.C.D.), December 1988. 8.2. Florida Department of Transportation Manual on Traffic Control and State Practices (current edition). 9. SITE CONDITIONS The Bidder shall make his own independent investigation, at no cost to the Owner, and secure his own tests for the purpose of forming his own conclusions as to the subsurface and above -ground conditions of the site including the quantity and quality of the materials to be encountered and the difficulties to be encountered and shall determine to his own satisfaction the character and extent of equipment and facilities needed. Failure to do so shall not relieve the Contractor from his responsibility to complete all construction in accordance with the Plans and Specifications at the Contract Price(s). 10. DEFINITIONS 10.1 Calendar Day - Every day shown on the calendar. 10.2 Work Day - A Calendar day, exclusive of Sundays, State and City recognized legal holidays, on which weather and other conditions not under the control of the Contractor, will permit construction operations to proceed for the major part of the day on the principal item or items of work which would normally be in progress at that time. 11. NOISE ABATEMENT Noise abatement shall follow the guidelines as set forth in Village of Key Biscayne Ordinance No. 93-16 - Establishing Prohibitions Against Excessive Noise, attached as Exhibit "A". 4111-00C.SPC/69P/092994 1ka SC -6 12. LINE AND GRADE The Owner has provided vertical control for layout of the work in the form of bench marks located adjacent to the work. From these bench marks, and from horizontal controls provided by the Owner, the Contractor shall develop and make all detail surveys needed for establishing easement and rights -of -way limits for the work. A representative of the Contractor shall constantly monitor all working points to see that true line and grade is maintained and shall, upon notification by the Engineer, immediately check any working point suspected of being erroneous. Should the Contractor fail or refuse to make a requested check, the Engineer may do so and deduct the cost thereof from monies due the Contractor. The Contractor shall construct the project to the lines and dimensions shown on the Plans. Where deviation from the Plans is necessary for any reason whatsoever, the Engineer shall be notified of said deviation and shall approve same in writing prior to the work being done. 13. PROTECTION AND RESTORATION OF SURVEY MONUMENTS The Contractor shall be responsible for protecting and restoring all land and property corners, such as section corners, 1/4 section corners, property corners or block control points, and for maintaining all horizontal and vertical control points. All surveying work shall be the responsibility of the Contractor and shall be performed under the supervision of a Florida Registered Land Surveyor. Survey points that may be destroyed during construction shall be properly referenced and replaced at the Contractor's expense with permanent monuments approved by the Engineer. If Florida Department of Environmental Protection (FDEP) monuments are encountered and are within the limits of construction, the FDEP shall be notified at (904) 487-4478. Restoration of disturbed FDEP monuments shall be done under the direction and control of FDEP personnel. 14. EQUIPMENT All equipment necessary and required for the proper maintenance work of this project shall be in first-class working condition, and shall have been approved by the Engineer before maintenance is permitted to begin. 4111-00C.SPC/69P/092994 105 SC -7 15. STORAGE SITES The Contractor shall be responsible for furnishing suitable areas for field offices, material storage and equipment service and storage. The location(s) shall be approved by the Owner. The Contractor shall be aware of the Owner's restrictions on the use of trailers and shall furnish field offices accordingly. The Contractor shall maintain these areas in a clean, orderly condition so as not to cause a nuisance in the area. The Contractor shall restore the storage area to its original or better condition, with all its appurtenances, in kind, to the satisfaction of the Engineer. 16. LUMP SUM BID ITEMS Some bid items will be bid on a lump sum price. It will be the responsibility of the Contractor to supply the Owner and Engineer a detailed price list of each component of these lump sum items at the pre - construction meeting held by the Owner and Engineer after the Contract has been awarded. These detailed price lists will be the basis of any increase or decrease in the original scope of work. 17. HURRICANE AND STORM WARNINGS The Contractor will be required to removal all materials from the job site or provide safe storage for the same, that may be blown about or become a hazard during a hurricane or windstorm. Contractor shall also take necessary precautions to remove bulkheads, dams, or other structures blocking drains in the event of flooding conditions. No extra pay will be allowed for this work. 18. DUST PREVENTION The Contractor shall, by means of a water spray, or temporary asphalt pavement, take all necessary precautions to prevent or abate a dust nuisance arising from dry weather or work in an incomplete stage. All costs of this work shall be included in the cost of other parts of the work. 19. POWER The Contractor shall furnish all electrical or other power required for construction, testing, and trial operation prior to final acceptance by Owner. 20. AGREEMENTS WITH PROPERTY OWNERS The Contractor will not use or store any materials on public or private property without written permission of the property owner. All locations shall be approved by the owner in advance of any agreements. Also, the Owner shall require from the Contractor a copy of any and all agreements made by the Contractor with private property owners regarding storage of materials on their property. 4111-00C.SPC/69P/092994 I I 6 SC -8 21. DAMAGE TO PUBLIC OR PRIVATE PROPERTY If, during construction, the Contractor causes any damage or aggravates an existing condition on public or private property, he shall be held responsible for complete replacement and/or restoration of those items in question. If any of the items below are disturbed or any damage done to existing structures, pavement, meter posts, driveways, markers, street and traffic signs, paved areas, curbs and gutters, sidewalks, shrubbery, grass, trees, utility poles, utility pipe lines, conduits, drains, traffic and street light standards and foundations, roof drains, benches, meter boxes, striping, catch basins, flagstones, rocked, graveled or stabilized areas or driveways and including all obstructions not specifically named herein, shall be repaired in a manner satisfactory to the Engineer. 22. DAMAGES FOR DELAY No claim for damages or any claim other than for an extension of time shall be made or asserted against the Village of Key Biscayne by reason of any delays. The Contractor shall not be entitled to an increase in the Contract Sum or payment or compensation of any kind from the Village of Key Biscayne 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 hinderance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, forseeable or unforseeable, or avoidable or unavoidable; provided however, that this provision shall not preclude recovery of damages by the Contractor for hindrances or delays due solely to fraud, bad faith, or active interference on the part of the Village of Key Biscayne or its agents. Otherwise, the Contractor shall be entitled only to extensions of the Contract Time as the sole exclusive remedy for such resulting delay. 23. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH ACT By the submission of its Bid, Bidder certifies that all material, equipment, etc. contained in his bid meets all Occupational Safety and Health Act (OSHA) requirements. Bidder further certifies that if he is the successful Bidder, and any of the material, equipment, etc. delivered is subsequently found to be deficient of any OSHA requirement in effect on date of delivery, all costs necessary to bring the material, equipment, etc. into compliance with the aforementioned requirements shall be borne by the Bidder. Furthermore, in compliance with Chapter 422, Florida Statutes, any item delivered from a contract resulting from this Bid must be accompanied by a Material Safety Data Sheet (MSDS). The MSDS must include the following information: 23.1 The chemical name and common name of the toxic substance. 4111-00C.SPC/69P/092994 ,V% SC -9 23.2 The hazards or other risks in the use of the toxic substances including: (a) The potential for fire, explosion, corrosively and reactivity. (b) The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance. (c) The primary routes of entry and symptoms of overexposure. 23.3 The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. 23.4 The emergency procedure for spills, fire, disposal and first aid. 23.5 A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. 23.6 The year and month, if available, that the information was compiled and the name, address and emergency telephone number of the manufacturer responsible for preparing the information. 24. PUBLIC ENTITY CRIMES STATUTE Each Bidder must carefully review the Public Entity Crimes Statute (Florida Statutes, Section 287.133(3)(a)). This statute mandates that all Bidders who transact business in excess of Ten Thousand Dollars ($10,000.00) with any public entity in Florida must submit a sworn statement that its officers have not been convicted of a public entity crime after July 1, 1989. Each Bid shall include a sworn statement as required and shall be furnished on Exhibit "D". 4111-00C.SPC/69P/111594 k1S SC -10 25. CHRISTMAS HOLIDAY No work will be permitted on the project during the Christmas holiday period. The Christmas holiday period will be defined as the time from and including Sunday, December 18, 1994, to and including Monday, January 2, 1995. 26. LICENSES AND PERMITS 26.1 Certificate of Competency It is the Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the work to be performed and valid for the jurisdiction in which the work is to be performed for all persons working on the project for whom a Certificate of Competency is required. 26.2 Required Permits - The permits required to be obtained are: • Florida Department of Environmental Protection Class 5 Well Permit • Right -of -Way Permit - Village of Key Biscayne - fee for permit is waived 26.3 Required License - Dade County Engineering Contractor License in accordance with Chapter 10-3, Dade County Code. The Contractor will be responsible to verify that additional permits and licenses are not required. Before the Contract is executed the Contractor must show evidence that he holds a valid license issued within the State of Florida and that the Contractor meets Dade County qualifications for the type of work to e performed under the Contract. No payment will be made to the Contractor unless all subcontractors have furnished proof to the Village of Key Biscayne that said subcontractors hold a valid license issued within the State of Florida, and that they meet Dade County qualifications for the type of work to be performed under the Contract. 4111-00C.SPC/69P/111594 \ \ a SC -11 27. EQUAL EMPLOYMENT OPPORTUNITY 27.1 Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, or physical or mental handicap; if qualified. Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment without regard to their race, religion, color, sex or national origin, or physical or mental handicap. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. 27.2 The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 27.3 Contractor further agrees that he/she will ensure that subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 28. VIDEO RECORD/PROJECT PHOTOGRAPHS The Contractor shall be required to make a video record of the construction to ensure that all pre -construction conditions are recorded and that all construction activities are recorded. In addition, all post construction shall be recorded to ensure that all residential restoration meets pre -construction conditions. One copy shall be delivered to Owner within 30 days of completion of project. In addition, for the Holiday Colony Pump Station, the Contractor shall submit three 8x10 copies each of at least two photographs of the project at the time of completion. These photos shall be the above -ground structures (pump station). The following information will be typed and attached to the back of each photo: Project No. 04-59-04009 Structure Name Village of Key Biscayne Contractor's Name Williams, Hatfield & Stoner - Engineer Date 29. CONTRACTOR WORK HOURS The allowable time the Contractor can work is outlined in the Village of Key Biscayne Noise Ordinance (Exhibit "A"). However, for this Contract the Village will limit weekend work hours as follows: Saturday - 8 a.m. to 12 noon Sunday - No Work These work hours shall be observed for weekends unless written permission is granted by the Village of Key Biscayne. 4111-00C. SPC/69P/092994 SC -12 \20 30. SHOP DRAWINGS The Contractor shall submit five copies of all shop drawings for review and approval. Two copies of the approved shop drawings will be returned to the Contractor, unless otherwise requested. Shop drawings shall be submitted for all materials and equipment to be furnished and, in general, shall cover such items as catch basins, manholes, pipe laying schedules, valves, pipe and fittings, including details of restrained joints, pipe joints, gaskets and test certificates, and reinforcing steel. Prior to submission, the Contractor shall thoroughly check such drawings, satisfying himself that they meet the requirements of the Plans and Specifications and that they are coordinated with the arrangements set forth on other shop drawings, and shall place on them the date of his approval and his signature. Where items for which shop drawings are submitted are to meet special conditions listed in the detailed specifications, the conditions shall be so noted on the drawing. Where there is a deviation from the Specifications, the Contractor shall note it and state the reason why a deviation is required. The approval of drawings and data will be general, and shall mean that upon examination of the drawings, no variations from the Contract requirements have been discovered, and approval will not relieve the Contractor of his responsibilities as defined under the Contract. 31. FAILED TESTS The cost of any required tests which the Contractor fails shall be paid for by the Contractor. The cost of the failed test will be deducted from each monthly request for payment by the Contractor. 4111-00C.SPC/69P/111594 12.1 SC -13 Exhibit "A" Village of Key Biscayne Ordinance 93-16 Establishing Prohibitions Against Excessive Noise I2. SUPPLEMENTARY CONDITIONS EXHIBIT "A" ORDINANCE NO. 93-16 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING PROHIBITIONS AGAINST EXCESSIVE NOISE; PROVIDING FOR DEFINITIONS; ESTABLISHING PROHIBITED ACTS; REQUIRING PERMITS FOR SPECIAL EVENTS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATION; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, Section 8.03 of the Village Charter incorporates all code provisions, ordinances and resolutions contained in the Code of Metrorolitan Dade County (the "County Code") on the date of the adoption of the Village Charter; and WHEREAS, this Council wants to repeal any conflicting provisions of the County Code pertaining to excessive noise, and establish its own definitions and prohibitions against excessive noise, as well as enforcement and penalties for violations; and WHEREAS, it is in the public interest of the residents of the Village to regulate excessive noise; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Code of the Village of •Key Biscayne is hereby amended by adding a new chapter which shall read as follows: CHAPTER . NOISE Sec. 1. Prohibition. It shall be unlawful for any person to make, continue or cause to be made or continued any loud, excessive, unnecessary or unusual noise. For purposes of this chapter, the word "noise" shall mean any sound in quantities which are or may be potentially Exhibit "A" Page 1 of 8 ¶23 harmful or injurious to human health or welfare, or which unnecessarily interferes with the enjoyment of life or property, including outdoor recreation, of a reasonable person with normal sensitivities. Sec. 2. Definitions. The following words, terms and phrases when used in this chapter shall have the mer.ning ascribed to them in this section, except where the context clearly indicates a different meaning: a. Alarm. Any fire, burglary, motor vehicle, motorboat or civil defense alarm, whistle or similar stationary emergency signaling device. b. Construction. Any site preparation, assembly, erection, substantial repair, alteration, demolition or similar action, of public or private rights -of -way, structures, utilities or similar property. c. Emergency. Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention. d. Holidays. In addition to Sundays, those days declared by the laws of the State to be legal hclidays, including New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Thanksgiving Day and Christmas Day. e. Motor Vehicle. A two or more wheel vehicle, or machine, propelled or drawn by mechanical power, gas or diesel, and used on the public roads and highways in the transportation of people or property. f. Motorboat. Any vessel which is propelled or powered by machinery and which is used or capable of being used as a means of .transportation on water. Sec. 3. Prohibited Acts. The following acts are declared to be loud, excessive, unnecessary, or unusual noises in violation of this Chapter: a. Excessive Noise. Any noise which is hazardous to public health, welfare, safety or the quality of life within the limits of the Village or of such character, intensity or duration which disturbs the public peace and welfare. 2 Exhibit "A" Page 2 of 8 b. Horns, Signaling Devices, etc. The sounding of any horn or signaling device on any Motor Vehicle or Motorboat on any street or place in the Village, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for any unnecessary and unreasonable period of time. c. Radios, Televisions. Phonographs, Musical Instruments- etc. The using, operating, playing, or permitting to be played, used or operated any radio, television, phonograph, musical instrument, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, Motor Vehicle, Motorboat or area in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such radio, television, phonograph, mu:,ical instrument or other machine or device between the hours of 11:00 p.m. and 7:00 a.m. on weekdays and 12:00 a.m. and 8:00 a.m. on weekends and Holidays in such a manner as to be plainly audible at a distance of 100 feet from the building, structure, Motor Vehicle, or Motorboat in which it is located shall be prima facie evidence of a violation of this Chapter. d. Animals. Birds, etc. The owning, possessing or harboring of any animal or bird which causes, between the hours of 11:00 p.m. and 7:00 a.m., frequent or continued noise which is plainly audible at a distance of 100 feet from the building or structure in which the animal or bird is located. e. Exhausts. The discharge into the open air of the exhaust of 'any engine, stationary internal combustion engine, Motor Vehicle or Motorboat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. f. Construction. The creation of a loud or excessive noise in connection with the conducting of Construction between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and 7:00 p.m. and 8:00 a.m. on weekends and Holidays, except for Emergency work. 3 Exhibit "A" Page 3 of 8 i2.5 g. Firearms or Explosives. mile use or tiring of any explosives, firearms or similar devices, except in an Emergency, or using or firing firecrackers, skyrockets or the like without the prior approval of the Village Manager. h. Loudspeaker or Sound Amplifier. The using or operating of any loudspeaker, loudspeaker system, sound amplifier or other similar device between the hours of 11:00 p.m. and 7:00 a.m. on weekdays and 12:00 a.m. and 8:00 a.m. on weekends and Holidays, such that the sound therefrom is plainly audible at a distance of 100 feet from the building, structure, Motor Vehicle or Motorboat in which it is located; provided, however, that this shall not apply to any public performance, gathering or parade for which a permit has been obtained from the Village Manager pursuant to Section 4 of this Chapter. i. Loading or Unloading. The creation of a loud or excessive noise in connection with the loading, unloading, opening, closing or other handling of boxes, crates, containers, refuse cans or other objects between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and 7:00 p.m. and 8:00 a.m. on weekends and Holidays. j. Commercial Maintenance Equipment. The use of commercial maintenance equipment which creates a loud cr excessive noise in connection with the operation of said/equipment within 100 feet of any residential area between 7:00 p.m. and 7:00 a.m. weekdays and 7:00 p.m. and 8:00 a.m. weekends and Holidays. k. Defect in Motor Vehicle or Motorboat. The use of any Motor Vehicle or Motorboat so out of repair, so loaded or in such a manner as to create loud or unnecessary grating, grinding, rattling or other noise. 1. Hawkers/Peddlers. The shouting and crying of peddlers, hawkers, and vendors which disturbs the peace and quiet of the neighborhood. m. Schools, Courts, Hospitals, Places of Religious Worship. The creation of any excessive noise on any street or place adjacent to any school, court, hospital or place of religious worship, while the same are in use, which unreasonably interferes with the operation of such 4 Exhibit "A" Page 4 of 8 institution or which disturbs or unduly annoys the persons within such institutions. n. Aircraft. The use of any mechanical loudspeakers or amplifiers in any moving airplane or any other kind of aircraft, over any part of the Village, for advertising or other purposes. o. Open Air Concerts, Musical_ Broadcasts_, etc. The playing, broadcasting or transmitting of music in such a manner as would reasonably be calculated to attract a crowd or cause persons to congregate in or on any open space, lot, yard, park, sidewalk or street, or to permit the same to occur on or from any property owned, leased or occupied by said person(s) without first having obtained a permit to do so as provided in section 4 of this Chapter; except no permit shall be required of any person(s) in order to engage in such activity within the residential property wherein such person(s) resides. Sec. 4. Permits for Special Events. Upon written application to the Village Manager or his or her designee submitted a minimum of ten days prior to an event at which noise levels are expected to violate this Chapter, the prohibitions or hour restrictions contained herein may be modified subject to such conditions as the village Manager may impose. The decision of the village Manager shall be final and not subject to appeal. a. Permit Application Information. The application for a permit under this section shall contain the following information: (1) The name, date of birth, address and telephone number of the person who will be in charge of the activity or event for which a permit is requested; (2) The name of the person or entity seeking the permit; (3) The exact date and time for which the permit is sought; and (4) The exact location of the activity or event for which a permit is requested. (5) A description of the activity or event for which a permit is requested. 5 Exhibit "A" Page 5 of 8 �2-7 V- rermic LoTtents, lame Restrictions. Permits issued under this section shall specify the date and time during which the activity or event authorized by permit may be conducted. No permit shall be issued which encompasses more than one calendar day, or a span of hours in excess of eight hours; nor shall the requested activity or event commence or continue beyond the hour of 11:00 p.m. in any case. c. Procedures for Administrative Permits. The Village Manager is hereby authorized to promulgate reasonable rules and procedures for the application, issuance and revocation of such permits. d. Criteria for Permit Issuance; Posting of Bond. Issuance of a permit under this section shall be based on a determination by the Village Manager or his or her designee that the activity or event for which a permit is requested does not constitute a threat to public safety; constitute a danger or impediment to the normal flow of traffic; or constitute a potential disturbance of the peace and quiet of persons outside the premises where the activity or event is located. The Village Manager or his or her designee may require that a bond be posted in an amount sufficient to secure the costs of cleanup, repair or replacement of damage or destruction of property and shall be subject to forfeiture for purposes of paying any such costs. e. Person Designated As Being In Charge To Be Present. The person designated in the permit application required in this section as being the person in charge of the activity or event for which the permit is sought must remain at the location of said activity or event during the entire time stated in the permit. It shall be unlawful and a violation of this section for said designated person in charge to fail to remain in attendance at the location of•the activity or event authorized by the permit for the entire time specified in the permit. Sec. 5. Exemptions. The terms and prohibitions of this Chapter shall not be applied to or enforced against: . a. Any Motor Vehicle, Motorboat or other vehicle of the Village, the County, the State or licensed public utility vehicle within the Village while 6 Exhibit "A" Page 6 of 8 \23 engaged in necessary public business. b. Excavation or repairs of bridges, streets, highways, street lights or utilities, by or on behalf of the Village, the County, or the State, or performance of such work during the night if the public welfare and convenience renders it impossible to perform such work during the day. c. A reasonable use of amplifiers or loud- speakers in the course of public addresses or gatherings which are non-commercial in character; noise generated in the course of a special activity or event which has obtained a permit pursuant to section 4 of this Chapter; noise generated for the purpose of alerting persons to the existence of an Emergency or noise generated in the performance of Emergency work. Sec. 6. Enforcement. This Chapter shall be enforced by the Village Police Department or any other official of the Village authorized to enforce this chapter. Sec. 7. Penalties. A Village police officer who finds a violation of this Chapter shall issue a citation to the violator requiring immediate correction of the violation, and shall impose a fine in the amount of $150.00 for which the violator shall be liable. If the violation is not corrected immediately by the violator upon issuance of the citation, the police officer shall issue a second citation and shall impose an additional fine in the amount of $350.00. In the event that the violation continues after issuance of the second citation to the violator, the violation shall constitute a public nuisance and may subject the violator to arrest pursuant to State law. Section 2. Repeal of Conflicting Provisions. That any conflicting provisions, ordinances or resolutions of the County Code, as made applicable to the Village by Section 8.03 of the village Charter, are hereby repealed in their entirety. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the 7 Exhibit "A" Page 7 of 8 rz9 validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of Key Biscayne, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 14th day of September , 1993. PASSED AND ADOPTED on second reading this 28th day of September ATTEST: GUIDO H.'INGUANZO, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD JAY WEISS, VILLAGE ATTORNEY lad\keybisca\ord\noise , 1993. RAFAEL H. CONTE, MAYOR 8 130 Exhibit "A" Page 8 of 8 Exhibit "B" Economic Development Admin. Supplemental General Conditions \3i SUPPLEMENTAL GENERAL CONDITIONS These Supplemental General Conditions are intended for use by Economic Development Administration Grantees. They contain specific EDA and other Federal requirements not normally found in non -Federal contract documents. The requirements contained herein must be incorporated into all construction contracts and subcontracts funded wholly or in part with EDA funds. Exhibit B B-1 1:2 SUPPLEMENTAL GENERAL CONDITIONS S1 Definitions S2 Required Provisions Deemed Inserted S3 Inspection by EDA Representatives S4 Construction Schedule and Periodic Estimates S5 Contractor's Title to Material S6 Inspection and Testing of Materials S7 "Or Equal" Clause S8 Patents S9 Claims for Extra Costs S10 Contractor's and Subcontractor's Insurance Sll Contract Security S12 Certification of Nonsegregated Facilities S13 Safety and Health Regulations for Construction S14 Minimum Wages S15 Withholding of Payments S16 Payrolls and Basic Records S17 Apprentices and Trainees S18 Copeland "Anti -Kickback" Provisions S19 Subcontracts S20 Termination and Debarment S21 Overtime Requirements S22 Equal Employment Opportunity S23 Other Prohibited Interests S24 Employment of Local Labor S25 Signs S26 Historical and Archeological Data Preservation Act of 1974 S27 Clean Air and Federal Water Pollution Control Act S28 Use of Lead -Based Paints on Residential Structures Exhibit B B- 2 133 SUPPLEMENTAL GENERAL CONDITIONS S-1 DEFINITIONS The following terms as used in these Supplemental General Conditions -are respectively defined as follows: a. "Contractor": A person, firm, or corporation with whom this Contract is made by the Owner. b. "Subcontractor": A person, firm, or corporation supplying labor and materials or only labor, for work at the site of the project, for and under separate contract or agreement with the Contractor. c. "Work on (at) the project": Work to be performed at the location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the Contractor and any subcontractor. d. "Apprentice": (1) A person employed and individually registered in a bona fide apprenticeship program registered with the U. S. Department of Labor, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau; or (2) a person in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship council (where appropriate) to be eligible for probationary employment as an apprentice. e. "Trainee": A person receiving on-the-job training in a construction occupation under a program which is approved (but not necessarily sponsored) by the U. S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, and which is reviewed from time to time by the Manpower Administration to insure that the training meets adequate standards. Exhibit B B-3 \34 S-2 REQUIRED PROVISIONS DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the contract shall forthwith be physically amended to make such insertion of correction. S-3 INSPECTION BY ECONOMIC DEVELOPMENT REPRESENTATIVES The authorized representatives and agents of the Economic Development Administration shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant data and records. S-4 CONSTRUCTION SCHEDULE AND PERIODIC ESTIMATES Immediately after execution and delivery of the contract, and before the first partial payment is made, the Contractor shall deliver to the Owner an estimated construction progress schedule in form satisfactory to the Owner, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due the Contractor in accordance with the progress schedule. The Contractor also shall furnish the Owner (a) a detailed estimate giving a complete breakdown of the contract price and (b) periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be used only for determing the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the contract price. S-5 CONTRACTOR'S TITLE TO MATERIAL No materials or supplies for the work shall be purchased by the Contractor or by any subcontractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. The Contractor warrants that he/she has good title to all materials and supplies used by him/her in the work, free from all liens, claims or encumbrances. Exhibit B B-4 ‘ 35 S-6 INSPECTION AND TESTING OF MATERIALS All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards. The laboratory or inspection agency shall be selected by the Owner. The Owner shall pay for all laboratory inspection service directly, and not as a part of the contract. Materials of construction, particularly those upon which the strength and durability of the structure may depend, shall be subject to inspection and testing to establish conformance with specifications and suitability for intended users. S-7 "OR EQUAL" CLAUSE Whenever a material, article or piece of equipment is identified on the Plans or in the Specifications by reference to manufacturers' or vendors' names, tradenames, catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article or equipment so proposed is, in the opinion of the Architect/Engineer, of equal substance and function. It shall not be purchased or installed by the Contractor without the Architect/Engineer's written approval. S-8 PATENTS The Contractor shall hold and save the Owner and its officers, agents, servants and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process, article or appliance manufactured or used in the performance of the contractor, including its use by the Owner, unless otherwise specifically stipulated in the contract documents. Exhibit B B-5 tab License or Royalty Fee: License and/or Royalty Fees for the use of a process which is authorized by the Owner of the project must be reasonable, and paid to the holder of the patent, or his authorized licensee, direct by the Owner and not by or through the Contractor. If the Contractor uses any design, device or materials covered by letters, patent or copyright, he/she shall provide for such use by suitable agreement with the Owner of such patented or copyrighted design, device or material. It is mutually agreed and understood that, without exception, the contract prices shall include all, royalties or costs arising from the use of such design, device or materials, in any way involved in the work. The Contractor and/or his/her Sureties shall indemnify and hold harmless the Owner of the project from any and all claims for infringement by reason of the use of such patented or copyrighted design, device or materials or any trademark or copyright in connection with work agreed to be performed under this contract, and shall indemnify the Owner for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the wor'K. S-9 CLAIMS FOR EXTRA COSTS No claims for extra work or cost shall be allowed unless the same was done in pursuance of a written order of the Architect/Engineer approved by the Owner. S-10 CONTRACTOR'S AND SUBCONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he/she has obtained all the insurance required by the Owner, nor shall the Contractor allow any subcontractor to commence work on his/her subcontract until the insurance required of the subcontractor has been so obtained and approved. a. Types of insurance recommended by the Economic Development Administration are: 1. Workmen's Compensation 2. Contractor's Public Liability and Damage 3. Contractor's Vehicle Liability 4. Subcontractors Public Liability, Damage and Vehicle Liability 5. Builder's Risk (Fire and Extended B-6 Property Property Coverage) Exhibit B 137 b. Scope of Insurance and Special Hazards The insurance described above shall provide adequate protection for the Contractor and his/her subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by any one directly or indirectly employed by him/her and also against any of the special hazards which may be encountered in the performance of this contract. c. Proof of Carriap a of Insurance The Contractor shall furnish the Owner with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of policies. S-11 CONTRACT SECURITY If this contract is for an amount in excess of $100,000 the Contractor shall furnish a performance bond in an amount at least equal to one hundred percent (100%) of the contract price as security for the faithful performance of this contract and also a payment bond in an amount equal to one hundred percent (100%) of the contract price or in a penal sum not less than that prescribed by State, Territorial or local law, as security for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract. The performance bond and the payment bond may be in one or in separate instruments in accordance with local law. Before final acceptance each bond must be approved by the Economic Development Administration. If this contract is for an amount less than $100,000 the Owner will specify the amount of the payment and performance bonds. 6 12 CERTIFICATION OF NON£EORCGATL'D FACILITIES a. N �A A oertifioation of nonccgregated faoilitico ao required by 41 CPR 60 1.-s-, mist be oubmitted prior to the award of Federally aecicted eetie#E-ktet-t-€44--atant--E-arGt-G--€LVgGC:4a4i44-44-0-rCW-0--44h-i-Gil- are not exempt from t .e prQ.wisionc of the Equal, fltporinnii.y clnose. (see Purm HD 120, It=m 3) B-7 Exhibit B 133 N/A construction contract awards exceeding which are not exempt from the p ual Opportunity clause shall fide for the forwarding of t to prospective subcontra struction contracts whey 0,000 and are not exem of the Equal Opport pr noti • and co exceed provision • Notice to Pro Requirement fo Facilities ective Subco Certificat' (1) A certification as required by t must be submit d subcontract e exempt from Opportunity 0 eedi e pro clause. cee ing 0,000 rovisi. s of the be re fired to he f• lowing cto s for supplies e he subcontracts from the nity clause: ractors of ons of Nonsegregated nonsegregated facilities 32 CFR 7439, May 19, 1967, for to the award of a n• $10,000 which is not vi ons of the Equal (2) Contract' s receiving subco•tract awards exceedi g $10,000 which are .t exempt from the p •visions of the Equal Opportunity clau e shall be required to prov•.e for the for arding of this notice to prospective s 'contractors for supplies and con ruction ••ntracts where the subcontractors ex ed $10,000 and are not exempt from the roviaiona of the Equal Opportunity alaus:. P S-13 SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION In order to protect the lives and health of his/her employees under the contract, the Contractor shall comply with all pertinent provisions of the Contract Work Hours and Safety Standards Act, as amended, commonly known as the Construction Safety Act as pertains to health and safety standards; and shall maintain an accurate record of all cases of death, occupational disease, and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the contract. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of. Labor. B-8 Exhibit B \39 The Contractor alone shall be responsible for the safety, efficiency, and adequacy of his/her plan, appliances, and methods, and for any damage which may result from their failure or their improper construction, maintenance, or operation. S-14 MINIMUM WAGES All mechanics and laborers employed or working on the site of the work, or under the United States Housing Act of 1937, or under the Housing Act of 1949 in the construction or development of the project will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amounts due at time of payment computed at wage rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractor and such laborers and mechanics; and the wage determination decision shall be posted by the Contractor at the site of the work in a prominent place where it can be seen easily by the workers. For the purpose of this clause, contributions made or costs reasonably anticipated under Section 1 (b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5 (a) (1) (iv) . Also for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be made constructively or incurred during such weekly period. The Owner shall require that any class of laborers and mechanics, including apprentices and trainees, which is not listed in the wage determination and which is to be employed under the contract, shall be classified or reclassified conformable to the wage determination and a report of the action taken shall be sent by the Federal agency to the Secretary of Labor. In the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics, including Exhibit B B-9 140 apprentices and trainees, to be used, the questions accompanied by the recommendation of the contracting officer shall be referred to the Secretary of Labor for final determination. Whenever the minimum wage rate prescribed in the con- tract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the Contractor is obligated to pay a cash equivalent of such a fringe benefit, the owner shall require an hourly cash equivalent to be estab- lished. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the Owner, shall be referred to the Secretary of Labor for determination. If the Contractor does not make payments to a trust- ee or other third person, he/she may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bene- fits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this contract; provided, however, the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contrac- tor to set aside in a separate account assets for the meeting of obligations under the plan or program. S-15 WITHHOLDING OF PAYMENTS The Economic Development Administration may withhold or cause to be withheld from the Contractor as much of the accrued payments or advances as may be consid- ered necessary to pay laborers and mechanics, includ- ing apprentices and trainees, employed by the Con- tractor or any subcontractor on the work, the full amount of wages required by the contract in accor- dance with the Davis -Bacon Act. In the event of failure to pay any laborer or mechanic, including any apprentice or trainee employed or working on the project site or under the United States Housing Act of 1937 or under the Housing Act of 1949, in the con- struction or development of the project, all or part of the wages required by the contract, the Economic Development Administration may, after written notice to the Contractor, sponsor, applicant, or Owner, take Exhibit B i 41 B-10 action as may be necessary to cause the suspension of any further payment, advance, or guaranty of funds until such violations have ceased. S-16 PAYROLLS AND BASIC RECORDS Payrolls and basic records relating thereto will be maintained during the course of the work and pre- served for a period of three years thereafter for all laborers and mechanics working at the EDA pro- ject site, or under the United States Housing Act of 1937 or under the Housing Act of 1949, in the con- struction or development of the project. Such re- cords shall contain the name and address of each employee, his/her correct classification, rate of pay (including contributions or costs anticipated of the types described in Section 9 (b) (2) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a) (1) (iv) that the wages of any laborer or mechanic include the amount of any costs reason- ably anticipated in providing benefits under a plan program described in Section 1 (b) (2) (B) of the Davis -Bacon Act, the Contractor shall maintain re- cords which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, plus records which show the costs anticipated or the actual cost incurred in providing such benefits. The Contractor shall submit weekly a copy of all pay- rolls to the Owner on DOL Form WH-347 or equivalent. The copy shall be signed on the reverse side by the employer or his/her agent indicating that the pay- rolls are correct and complete, that the wage rates contained therein are not less than those determined by the Secretary of Labor and that the classifications set forth for each laborer or mechanic conform with the work he/she performed. This submission is re- quired under this contract and the Copeland regula- tions of the Secretary of Labor (29 CFR Part 3) and the filing with the initial payroll or any subsequent payroll of a copy of any findings by the Secretary of Labor under 20 CFR 5.5 (a) (1) (iv) shall satisfy this Exhibit B i LIZ B-11 requirement. The Prime Contractor shall be respon- sible for the submission of copies of payrolls of all subcontractors. The Contractor shall make the records required under the labor standards clause of the con- tract available for inspection by authorized repre- sentatives of the Economic Development Administration and the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. S-17 APPRENTICES AND TRAINEES Apprentices will be permitted to work as such only when they are registered, individually, under a bona fide apprenticeship program registered with a State apprenticeship agency which is recognized by the Bureau of Apprenticeship and Training, U. S. Department of Labor; or, if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, U. S. Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the Contractor as to his/her entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined in Section S -le herein and is not registered as above, shall be paid the wage rate determined by the Secretary of Labor for the classifi- cation of work he actually performed. The Contractor or subcontractor shall be required to furnish to the Owner written evidence of the registration of his/her program and apprentices as well as of the appropriate ratios and wage rates, for the area of construction prior to using any apprentices on the contract work. Trainees will be permitted to work as such when they are bona fide trainees employed pursuant to a program approved by the U. S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, and when the subparagraph below is applicable, in accordance with the provisions of Part 5, Subpart A, Title 29, Code of Federal Regulations. On contracts in excess of $10,000, the employment of all laborers and mechanics, including apprentices and trainees, as defined in Section 29 CFR 5.5 shall also be subject to the provisions of Part 5, Subpart A, Title 29,Code of Federal Regulations. Apprentices and trainees shall be hired in accordance with the require- ments of Part 5, Subpart A. Exhibit B \y3 B-12 The provisions of Sections S-14, S-15, and S-17 shall be applicable to every invitation for bids, and to every negotiation, request for proposals, or request for quotations, for an assisted con- struction contract, and to every such contract entered into on the basis of such invitation or negotiation. Part 5, Subpart A, Title 29, Code of Federal Regulations shall constitute the con- ditions of each assisted contract in excess of $10,000, and each Owner concerned shall include these conditions or provide for their inclusion, in each such contract. These "Supplemental General Conditions" shall also be included in each such contract. S-18 COPELAND "ANTI -KICKBACK" PROVISIONS The Contractor shall comply with the Copeland Regulations (29 CFR Part 3) of the Secretary of Labor which are herein incorporated by reference. 5-19 SUBCONTRACTS The Contractor shall insert in any subcontracts these same "Supplemental General Conditions". S-20 TERMINATION AND DEBARMENT A breach of any one of the Sections S-19 may be considered by the Owner Economic Development Administration for termination of the contract and as provided in 29 CFR 5.6. S-15 through and by the as grounds for debarment 5-21 OVERTIME REQUIREMENTS No Contractor or any subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any laborer or mechanic in any workweek in which he/she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his/her basic rate of pay for all hours in excess of eight hours in any calendar day or in excess of forty hours in such workweek, as the case may be. Exhibit B B-13 In the event of any violation of the clause set forth in the subsection above, the Contractor and any subcontractor responsible therefor, shall be liable to any affected employee for his/her unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or territory, to such District of Columbia or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the clause set forth above in the sum of $10.00 for each calendar day on which such employee was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth above. The Economic Development Administration may withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth above. The Contractor shall insert in all subcontracts the clause set forth above in this section and also a clause requiring the subcontractors to include these clauses in Aay lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. S-22 EQUAL EMPLOYMENT OPPORTUNITY No person in the United States shall, on the grounds of race, color, national origin, age, physical handicap, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance; Reference Title VI of the Civil Rights Act of 1964 (42 USC 2000d) and Section 112 of Public Law 92-65, Age Discrimination Act of 1975 (42 USC 6102) and Section 504 of the Rehabilitation Act of 1973 (26 USC 794). Exhibit B B-14 Form ED -503 The Owner and all Contractors, subcontractors, suppliers, lessees and other parties directly participating in the Recipient's project agree that during and in connection with the associated agreement relating to the Federally assisted program, (i) they will comply, to the extent applicable, as Contractors, subcontractors, lessees, suppliers, or in any other capacity, with the applicable provisions of 13 CFR 311 and the Regulations of the United States Department of Commerce (Part 8 of Subtitle A of Title 15 of the Code of Federal Regulations) issued pursuant to Title VI of the Civil Rights Act of 1964 (P. L. 88-352), and will not thereby discriminate against any person on the grounds of race, sex, color, or national origin in their employment practices, in any of their own contractual arrangements, in all services or accommodations which they offer to the public, and in any of their other business operations, (ii) they will provide information required by or pursuant to said Regulations to ascertain compliance with the Regulations and these assurances, and (iii) their non-compliance with the nondiscrimination requirements of said Regulations and these assurances shall constitute a breach of their contractual arrangements with the Owner whereby said agreements may be cancelled, terminated or suspended in whole or in part or may be subject to enforcement otherwise by appropriate legal proceedings. Executive Order 11246, 3 CFR 339 (1965) (Equal Opportunity Clause). During the performance of this contract, the Contractor agrees as follows: a. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure the applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Exhibit B B-15 1 4 L. b. The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the Grantee setting forth the provisions of this nondiscrimination clause. c. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants shall receive considera- tion for employment without regard to race, color, religion, sex, or national origin. d. A notice to be provided by the Grantee shall be sent to each labor union or representa- tive of workers with which he/she has a col- lective bargaining agreement or other contract of understanding, advising the labor union or workers' representative of the Contractor's commitment under Section 202 of Executive Order No. 11246 of September 24, 1965, and copies of the notice shall be posted in conspicuous places available to employees and applicants for employ- ment. e. The Contractor shall comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of rules, regulations, and relevant orders of the Secretary of Labor. f. The Contractor shall furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the Economic Development Administration and the Secretary of Labor for purpose of investigation to ascertain compliance with such rules, regulations, and orders. Each Contractor and subcontractor of federally financed construction work is required to file an Equal Employment Opportunity Employer Information Report (EEO -l) on Standard Form 100, annually on March 31. Forms and instructions are available at the EDA Regional Offices. Exhibit B B-16 g• h. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any such rules, regulation, or orders, this contract may be cancelled, termi- nated, or suspended in whole or in part and the Contractor may be declared ineligible for fur- ther Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed (and remedies involved) as provided in Executive Order No. 11245 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. The Contractor shall include the provisions of paragraphs a. through g. in every subcontract or purchase order unless exempted by rules, regula- tions, or orders of the Secretary of Labor issued pursuant to Section 203 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontrac- tor or vendor. The Contractor shall take such action with respect to any subcontractor or pur- chase order as the Economic Development Adminis- tration may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event the Contrac- tor becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the Grantee/Borrower, the Contractor may request the United States to enter into such litigation to protect the inter- ests of the United States. i. Exemptions to Above Equal Opportunity Clause (41 CFR Chap. 60): (1) Contracts and subcontracts not exceeding $10,000 (other than Government bills of lading) are exempt. The amount of the con- tract, rather than the amount of the Federal financial assistance, shall govern in deter- mining the applicability of this exemption. (2) Except in the case of subcontractors for the performance of construction work at the site of construction, the clause shall not be re- quired to be inserted in subcontracts below the second tier. (3) Contracts and subcontracts not exceeding $10,000 for standard commercial supplies or raw materials are exempt. Exhibit B 14s3 R-17 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246 et seq) 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U. S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. Exhibit B B-18 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or subcontractor's failure to make good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in Paragraphs 7a through p of these specifications. The goals set for the Contractor in the solicitation from which this contract resulted are ex- pressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to take substantially uniform pro- gress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agree- ment, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obliga- tions under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availa- bility of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. Exhibit B \50 B-19 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifi- cally ensure that all superintendents and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notifica- tion to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the - street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not em- ployed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Regional Director when the union or unions, with which the Contractor has a collective bargaining agreement, have not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. Exhibit B B-20 e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under Paragraph 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by includ- ing it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any respon- sibility for hiring, assignment, layoff, termination or other employment decisions including specific re- view of these items with onsite supervisory personnel such as Superintendents, Supervisors, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identi- fying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, and providing written notification to, and discussing the Contractor's EEO policy with, other Contractors and subcontractors with whom the Contractor anticipates doing business. i. Direct its recruitment efforts, both oral 'and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organiza- tions serving the Contractor's recruitment area and g• Exhibit B employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notifica- tion to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after -school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct, at least annually, an inventory and eval- uation of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appro- priate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually mon- itoring all personnel and employment -related activi- ties to ensure that the EEO policy and the Contrac- tor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associa- tions. P• Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. Exhibit B 153 B-22 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (Paragraph 7a through p). The efforts of a contractor association, joint contractor -union, contractor -community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under Paragraph 7a through p of these Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can pro- vide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Con- tractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, how- ever, is required to provide equal employment oppor- tunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and nonminority. Consequently, the Contrac- tor may be in violation of the Executive Order if a particular group is employed in a substantially dis- parate manner (for example, even though the Contractor has achieved its goals for women generally, the Con- tractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government con- tracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts Exhibit B 15y B-23 as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regula- tions, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirma- tive action steps, at least as extensive as those standards prescribed in Paragraph 7 of these specifi- cations, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment -related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade unionion affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and re- trievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limita- tion upon the application of other laws which establish different standards of compliance or upon the applica- tion or requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 16. The goals for minority and female participation in each trade will be furnished by the Economic Development Administration of the U. S. Department of Commerce. Exhibit B \S5 13-24 S-23 OTHER PROHIBITED INTERESTS No official of the Owner who is authorized in such capacity and on behalf of the Owner to negotiate, make, accept or approve, or to take part in nego- tiating, making, accepting, or approving any ar- chitectural, engineering, inspection, construction or material supply contract or any subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part hereof. No officer, employee, architect, attorney, engi- neer, or inspector of or for the Owner who is authorized in such capacity and on behalf of the Owner to exercise any legislative, executive, supervisory or other similar functions in connec- tion with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof, any mater- ial supply contract, subcontract, insurance con- tract, or any other contract pertaining to the project. S-24 EMPLOYMENT OF LOCAL LABOR The maximum feasible employment of local labor shall be made in the construction of public works and development facility projects receiving direct Federal grants. Accordingly, every Contractor and subcontractor undertaking to do work on any such project which is or reasonably may be done as on - site work, shall employ, in carrying out such con- tract work, qualified persons who regularly reside in the designated area where such project is to be located, or in the case of Economic Development Centers, qualified persons who regularly reside in the center or in the adjacent or nearby redevelop- ment areas within the Economic Development District, except: a. To the extent that qualified persons regu- larly residing in the designated area or Economic Development District are not avail- able. b. For the reasonable needs of any such Con- tractor or subcontractor, to employ super- visory or specially experienced individuals necessary to assure an efficient execution of the contract. Exhibit B 17t B-25 c. For the obligation of any such Contractor or subcontractor to offer employment to present or former employees as the result of a lawful collec- tive bargaining contract, provided that in no event shall the number of non-resident persons employed under this subparagraph exceed twenty percent of the total number of employees employed by such Contractor and his/her subcontractors on such pro- ject. Every such Contractor and subcontractor shall furnish the United States Employment Service Office in the area in which a public works or development facility project is located with a list of all positions for which it may from time to time require laborers, mechanics, and other employees, the esti- mated numbers of employees required in each class- ification, and the estimated dates on which such employees will be required. The Contractor shall give full consideration to all qualified job applicants referred by the local em- ployment service, but is not required to employ any job applicants referred whom the Contractor does not consider qualified to perform the classification of work required. The payrolls maintained by the Contractor shall con- tain the following information: The employee's full name, address, and social security number and a notation indicating whether the employee does, or does not, normally reside in the area in which the project is located, or in the case of an Economic Development Center, in such center or in an adjacent or nearby redevelopment area within the Economic Development District, as well as an indication of the ethnic background of each worker. The Contractor shall include the provisions of this condition in every subcontract for work which is, or reasonably may be, done as on -site work. Exhibit B \57 B-26 S-25 SIGNS The Contractor shall supply, erect, and maintain a project sign (Exhibit I) according to the speci- fications set forth below: EDA SITE SIGN SPECIFICATIONS Size: Sign A: 4' Materials: Face: Framing: Supports: Assembly: Mounting: Erection: x 8' x 1 7/8" Sign B: 4' x 8' x 3/4" Sign A - 1/4" tempered Masonite Sign B - 3/4" or greater shop sanded (exterior) plywood (one side only) Sign A - 2" x 4" nominal on four sides and center cross bracing Sign B - 2" x 4" center cross bracing only 4" x 4" x 12' nominal post Sign A: 2" x 4" frame to fit 4' x 8' board with 2" x 4" cross braces Sign B: To be mounted directly to the 4" x 4" post, with cross bracing Signs A and B are to be mounted to the 4" x 4" post with a 3/8" minimum bolt and nut, four on each side of the sign. Each bolt is to have two washers, one between the sign and the head of the bolt and the other between the post and the nut. 4" x 4" posts are to be set three to four feet deep into concrete 12" in diameter. Paint: Face: Three coats outdoor enamel (sprayed) Rear: One coat outdoor enamel (sprayed) Exhibit B 153 B-27 Colors: Crimson Red, Stark White and Royal Blue. Specifically, white background; "JOBS" in red; "for your community" in blue; "EDA" logo and "PROVIDED BY EQUAL OPPORTUNITY EMPLOYERS, in partnership with the U. S. DEPARTMENT OF COMMERCE - Economic Development Administration" in black. "By working together we can provide economic opportunities for Americans" in 61%..k. Lettering: Silk screen enamels. Lettering sizes and positioning will be as illustrated. Project signs will not be erected on public highway rights -of -way. Location and height of signs will be coordinated with the agency responsible for highway or street safety in the area, if any possibility exists for obstruction to traffic line of sight. If, at the end of the project, the sign is reusable, it shall be disposed of as directed by the EDA Regional Office. Whenever EDA Site Sign specifications conflict with State law or local ordinances, the EDA Regional Director may modify such conflicting specifications so as to comply with that State law or local ordinance. S-26 HISTORICAL AND ARCHAEOLOGICAL DATA PRESERVATION ACT OF 1974 The Contractor agrees to facilitate the preservation and enhancement of structures and objects of historical, architectural or archaeological significance and when such items are found and/or unearthed during the course of project construction, to consult with the State Historic Preservation Officer for recovery of the items. Reference: National Historic Preservation Act of 1966 (80 Stat 915, 16 USC 470) and Executive Order No. 11593 of May 31, 1971. B-28 Exhibit B `rcj S-27 CLEAN AIR ACT OF 1970, ET SEQ. AND FEDERAL WATER POLLUTION CONTROL ACT AS AMENDED BY THE CLEAN WATER ACT OF 1977 The Contractor agrees to comply with Federal clean air and water standards during the performance of this contract and specifically agrees to the follow- ing: a. The term "facility" means (a) any building, plant, installation, structure, mine, vessel or other floating craft, location or site of operations; (b) owned, leased, or supervised; (c) by the Contractor and the subcontractors; (d) for the construction, supply and service contracts entered into by the Contractor; b. that any facility to be utilized in the accomplishment of this contract is not listed on the Environmental Protection Agency's List of Violating Facilities pursuant to 40 CFR, Part 15.20; c. that in the event a facility utilized in the accomplishment of this contract becomes listed on the EPA list, this contract may be cancelled, terminated, or suspended in whole or in part; d. that it will comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Water Pollution Control Act relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308, respectively, and all regulations and guidelines issued thereunder; e. that it will promptly notify the Government of the receipt of any notice from the Director, Office of Federal Activities, Environmental Protection Agency, indicating that any facility utilized or to be utilized in the accomplishment of this contract is under consideration for list- ing on the EPA List of Violating Facilities; Exhibit B B-29 f. that it will include the provisions of Paragraphs a. through g. in every subcontract or purchase order entered into for the purpose of accomplish- ing this contract, unless otherwise exempted pursuant to the EPA regulations implementing the Air or Water Acts above (40 CFR, Part 15.5), so that such provisions will be binding on each subcon- tractor or vendor; g. that in the event that the Contractor or the sub- contractor for the construction, supply and ser- vice contracts entered into for the purpose of accomplishing this contract were exempted from complying with the above requirements under the provisions of 40 CFR, Part 15.5 (a), the exemption shall be nullified should the facility give rise to a criminal conviction (see 40 CFR 15.20) during the accomplishment of this contract. Furthermore, with the nullification of the exemption, the above requirements shall be effective. The Contractor shall notify the Government, as soon as the Contractors' or the subcontractors' facility is listed for having given rise to a criminal conviction noted in 40 CFR, Part 15.20. 5-28 USE OF LEAD -BASED PAINTS ON RESIDENTIAL STRUCTURES If the work under this contract involves construction or rehabilitation of residential structures, the Contractor shall comply with the Lead -based Paint Poisoning Prevention Act (see 42 U.S.C. 4831). The Contractor shall assure that paint used on the project on applicable surfaces does not contain lead in excess of the percentages set forth in Paragraphs (a) and (b) of this section. In deterwining compliance with these standards, the lead content of the paint shall be measured on the basis of the total nonvolatile content of the paint or on the basis of an equivalent measure of lead in the dried film of paint already applied. (a) For paint manufactured after June 22, 1977, paint may not contain lead in excess of 6 one -hundredths of 1 percent (.0006) lead by weight. (b) For paint manufactured on or before June 22, 1977, paint may not contain lead in excess of five - tenths of 1 percent lead by weight. Exhibit B 1141 B-30 As a condition to receiving assistance under the Act, recipients shall assure that the restriction against the use of lead -based paint is included in all contracts and subcontracts involving the use of Federal funds. Definitions (1) "Applicable surfaces" are those -exterior surfaces which are readily accessible to children under 7 years of age. (2) "Residential structures" means houses, apartments, or other structures intended for human habitation, including institutional structures where persons reside, which are accessible to children under 7 years of age, such as day care centers, intermediate and extended care facilities, and certain community facilities. Exhibit B B-31 2 1 • b oep • from 2 x 4 4 x 4 POST 1• • Vrr .- 4' 1 2" ASSE MBLY OF MASONITE SIGN Exhibit B 1 b'3 B-32 ASSE MBLY OF PLYWOOD SIGN Exhibit B 1109 B-33 S ui U) Ci z D CO I Lo ^ Y/ z Co Et 4Tc1P-Ixa N 12' MIN. 3' MIN. ink 2" 4' PO 14 5/16" 14 5/16" 14 5/16" 2" II I I I II I I 1 I I 1 ru OOOMAId WI 40JO'g%ik�mmunity PROVIDED BY EQUAL OPPORTINfTY EMPLOYERS In partnership with the 6ret U.S. DEPARTMENT OF COMMERCE Economic Development Administration By working together we can provide economic opportunities for Americans 8' SCALE 1"=1' S 1TgTgXS CRIMSON RED 11 ROYAL BLUE 1 b7 c 4' i 6' ... � x �•�-� ( 6" 4" (Aar — Lug 1 '` '� 'l �1/ • .�' •L�t p F f.T ----•- ` 1 • 1 1" r El 4. 1' Asy4. /A c(T 7-N2yt,, ••(Mr 4r` {t\ 'L id. 4.7-7ED/-7-71 1'/:' , A I 2W 134" • r .I T!;l !y1 / ether We : ,;iz -,towtoe e;:x7om c o::.'o.'.'u•'nr ; 3r r, rre�'I.:. '"?, BACKGROUND STARK WHITE BLACK SCALE 1"=1' H 4TZTt XI 8' El gTq?gX3 JOBS for your community PRODDED BY ECUAL OPPORTUNITY EM OVF PS In partnership with the U S DEPARTMENT OF COMMERCE Economic Development Administration .-- By working together we can provide e economic opportunities for Americans '" iM'1.1M1N para su comunidad PROPCRCO\POCL POP EtViPQESAS QLl CFcECEi J G_ ALIAD lk OPORT(tvio D EN EL EmPLEC En asociaoon con EL DEPARTAMENTO DEL COMERCIO DELOS EE UU Administracron para el Desarrolb Economico iaTrabatando tuntos podemos proporcionar oportunidades economicas pars nuestra genie SCALE 1"=1' 8' RULE -32Y2” LONG —CRIMSON RED 4' 1 S 4TQTux3 I. 3•. 2 4W . --11— y• -.4.- 0 401IS br r confmmunity 1/2 ••••'—r 1. i Pi ::`2's''7� 3%"`'.-+-• — 1 . G...1 —r r -}\r\ _'_:'`1 2'h" By working ttyc: ►- an prep economic opportunit,e ar,Anranc 7•. 8' para SI ROYAL BLUE = munid& r : v v2 rry �ti.x _cam- , t/2 terry/ f�r-n t. Aril• 11,1..r,r-1 (-7Th(-7Tht, A ��.4 • li+ IU.��...�.h 1....2R .C3 d W Ir.„ ElTrabaiando tuntos podemos oroporcionar oportunrdades economrcas pare nuestra genre -L— LOGO BACKGROUND ROYAL BLUE STARK WHITE BLACK SCALE 1 " = 1 O U.S. DEPARTMENT OF LABOR WADE AND NOUN DIVISION ed w g 3TgTuXg PAYROLL (For Contractors Optional Use; Sas Instruction. Form 101-47 Inst.) Foos AMRrK Swiftest MRRw Ns. 444risp lIMIt or CONTRACTOR 0 on SUBCONTRACTOR 0 ADDRESS PAYROLL NO. FOR WEEK £1101NO I PROJECT AND LOCATION PROJECT ON CONTRACT NO. (1) Y. AN NA ADORERS. D SOCIAL RCUR TOTAL YBQ F OP DIPLOM a) W g 3 $ g B WORK CLASSIFICATION MOORS r 0 (4) DAY AND DATE (1) TOTAL RATE OF PAY Cl)(3) omoss EARNED s0 DEDUCf1011s m NET S PAID Fon wax FIG 1101.01110 TAX OTHER q� HOURS WORKED EACH DAY 0 $ 0 $ 0 $ 0 S 0 $ 0 • $ 0 s 0 s row WIT -34T uisn - FORMERLY SOL Is4—PURCHASE THIS FORM DIRECTLY FROM THE SUPT. OF DOCUMENTS B-39 Form WH-347 , page 2 J O g gZgTgXH Date contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in Section 4(c) below. (Name FA signatory parry) (TIM) (b) WHERE FRINGE BENEFITS ARE PAID IN CASH do hereby state: (1) That I pay or supervise the payment of the persons employed by O —Each laborer or mechanic listed in the above referenced payroll has been paid. as Indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in Section 4(c) below. on (C etter or saacoeraetar) theorer (SWMin( ar WHO (c) EXCEPTIONS • that during the payroll period commencing on the day of 19 and ending the _ day of 19 all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or Indirectly to or on behalf of said (CaaUactor er subeentrsetah from the full weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined M Regulations, Part 3 (29 CFR Subtitle A). Issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948. 63 Stat. 108. 72 Stat. 967; 76 Stat. 357; 40 U.S.C. 276e), and de- scribed below: (2) That any payrolls otherwise under this cd ltract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained In any wage determination incorporated into the contract that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered Ina bona tide apprenticeship program registered with • State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or If no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training. United States Depart- ment of Labor. (4) That (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS —In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the EXCEPTION (CRAFT) EXPLANATION REMAaxa NAME AND TITLE SIGNATURE THE WILFUL FALSIFICATION OF ANY OF THE MOVE MGRS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 Of TITLE IS AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE. a.a r1/-1s—awY'I s aO B-40 Exhibit "C" Duties, Responsibilities, and Limitations of the Authority of the Resident Project Representative 172. SUPPLEMENTARY CONDITIONS EXHIBIT "C" DUTIES. RESPONSIBILITIES AND LIMITATIONS OF THE AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE A. GENERAL Resident Project Representative (RPR) is ENGINEER's agent at the site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding Resident Project Representative's actions. Resident Project Representative's dealings in matters pertaining to the on -site work shall in general be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. Resident Project Representative's dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. Resident Project Representative shall generally communicate with OWNER with the knowledge of and under the direction of ENGINEER. B. DUTIES AND RESPONSIBILITIES 1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 3. Liaison: 3.1 Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superintendent and assist in understanding the intent of the Contract Documents; and assist ENGINEER in serving as OWNER's liaison with CONTRACTOR when CONTRACTOR's operations affect OWNER's on -site operations. 3.2 Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 4. Shop Drawings and Samples: 4.1 Record date of receipt of Shop Drawings and samples. 4.2 Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. EJCDC - 1984 Edition Exhibit "C" Page 1 of 4 4111-00C.SPC/69P/082494 \73 4.3 Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by ENGINEER. 5. Review of Work. Re.iection of Defective Work. Inspections and Tests: 5.1 Conduct on -site observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. 5.2 Report to ENGINEER whenever Resident Project Representative believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work that Resident Project Representative believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 5.3 Verify that tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record and report to ENGINEER appropriate details relative to the test procedures and startups. 5.4 Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 7. Modifications: Consider and evaluate CONTRACTOR's suggestions for modifications in Drawings or Specifications and report with Resident Project Representative's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINEER. 8. Records: 8.1 Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. EJCDC - 1984 Edition Exhibit "C" Page 2 of 4 4111-00C.SPC/69P/082494 174 8.2 Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. 8.3 Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. 9. Reports: 9.1 Furnish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawing and sample submittals. 9.2 Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. 9.3 Obtaining backup material from CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and Field Orders. 9.4 Report immediately to ENGINEER and OWNER upon the occurrence of any accident. 10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11. Certificates. Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. EJCDC - 1984 Edition Exhibit "C" Page 3 of 4 4111-00C.SPC/69P/082494 1 15 12. Completion: 12.1 Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. 12.2 Conduct final inspection in the company of ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be completed or corrected. 12.3 Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. C. Limitations of Authority Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by ENGINEER. 2. Shall not exceed limitations of ENGINEER's authority as set forth in the Contract Documents. 3. Shall not undertake any of the responsibilities of CONTRACTOR, subconstractors or CONTRACTOR's superintendent. 4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 6. Shall not accept Shop Drawing or sample submittals from anyone other than Contractor. 7. Shall not authorize OWNER to occupy the Project in whole or in part. 8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. EJCDC - 1984 Edition Exhibit "C" Page 4 of 4 4111-00C.SPC/69P/082494 7 10 Exhibit "D" Sworn Statement Pursuant to Section 287.133(3)(a), Florida Statutes, on Public Entity Crimes 177 SUPPLEMENTARY CONDITIONS EXHIBIT "D" SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement ij ubmitted to Villa e of Key Biscayne by 1 1 1 Prril- E-Lv V, I ( Lt_ I 44 SST. 2E7At2i [print individual's Dome and 4i tel for Lail2.0 "A5'v9,t.1cTxOn ) LOQiDA [prin name of enti subfnitting sworn scat ntl whose business address is 2 qq .S. 5'',4j'Q. I)CRJ2 f Cocoa vi rc .e1 c 33t33 and (if applicable) its Federal Employer Identification Number (FEIN) is s9-Zoit933 . (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement 2. I understand that a "public entity crime: as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. Exhibit "D" Page 1 of 2 4111-00C.SPC/69P/082494 ' -"3 S. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting tt s sworn statement. [Indicate which statement applies.] Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submittipg this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. [ ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED [N THIS FORM. Sworn to and subscribed before me this Personally known 15 Or Produced Identification ilcda„ /)re, Isignature] day of ',IQ m , 19q i . (Type of Identification) ��ottuUtth/�,��i ao. :lelo. o�,, s a : s Si tV13. 'gig 1,101 -e •17..- %y � � y��1trW 011:.' . *i 10/811111111110 v Notary Public - State of CLORtC3n-- My Commission Expires Lk/Nn LBg-IS (Printed, typed, or stamped commissioned name of notary public) 5111(17 Exhibit "D" Page 2 of 2 4111-00C.SPC/69P/082494 ‘"1 Exhibit "E" Contract Clause New Restrictions on Lobbying CONTRACT CLAUSE NEW RESTRICTIONS ON LOBBYING Exhibit E This contract, subcontract, or subgrant is subject to section 319 of Public Law 101-121, which added section 1352, regarding lobbying restrictions, to chapter 13 of title 31 of the United States Code. The new section is explained in the common rule, 15 CFR Part 28 (55 FR 6736-6748, 2/26/90). Each bidder/applicant/recipient of this contract, subcontract, or subgrant and subrecipients are generally prohibited from using Federal funds for lobbying the Executive or Legislative Branches of the Federal Government in connection with this Award. Contract Clause Threshold This Contract Clause regarding lobbying must be included in each application for a subgrant and in each bid for a contract or subcontract exceeding $100,000 of Federal funds at any tier under the Federal Award. Certification and Disclosure Each applicant/recipient of a subgrant and each bidder/applicant/ recipient of a contract or subcontract exceeding $100,000 of Federal funds at any tier under the Federal Award must file a "Certification Regarding Lobbying" and, if applicable, Standard Form-LLL, "Disclosure of Lobbying Activities," regarding the use of any nonfederal funds for lobbying. Certifications shall be retained by the next higher tier. All disclosure forms, however, shall be forwarded from tier to tier until received by the Recipient of the Federal Award (grant), who shall forward all disclosure forms to the Federal agency. Continuing Disclosure Requirement Each subgrantee, contractor, or subcontractor that is subject to the Certification and Disclosure provision of this Contract Clause is required to file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by such person. Disclosure forms shall be forwarded from tier to tier until received by the Recipient of the Federal Award (grant), who shall forward all disclosure forms to the Federal agency. Indian Tribes, Tribal Organizations, or Other Indian Organizations Indian tribes, tribal organizations, or any other Indian organizations, including Alaskan Native organizations, are excluded from the above lobbying restrictions and reporting requirements, but only with respect to expenditures that are by such tribes or organizations for lobbying activities permitted by other Federal law. An Indian tribe or organization that is seeking an exclusion from Certification and Disclosure requirements must provide (preferably in an attorney's opinion) EDA with the citation of the provision or provisions of Federal law upon which it relies to conduct lobbying activities that would otherwise be subject to the prohibitions in and to the Certification and Disclosure requirements of section 319 of Public Law No. 101-121. Note, a=sJ, that a non -Indian subgrantee, contractor, or subcontractor under an award (grant) to an Indian tribe, for example, is subject to the restrictions and reporting requirements. k$% page 1 of 1 i Exhibit "F" Notice of Requirements for Affirmative Action to Ensure Equal Employment Opportunity 1%2- EXHIBIT F NOTICE OF REQUIREMENTS FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246 AND 41 CFR PART 60-4) The following Notice shall be included in, and shall be a part of all solicitations for offers and bids on all Federal and federally assisted construction contracts or subcontracts in excess of $10,000. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause"and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables Goals for minority Goals for female participation for participation for each trade each trade * 39.5 * 6.9 *Goals to be furnished by EDA These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) per- formed in the covered area. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its imple- mentation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3 (a) and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minori- ties and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of Exhibit F Page 1 k33 meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed. The Contractor shall pro- vide written notification to the appropriate Regional Office of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is the Holiday Colony Stormwater Improvements located in Key Biscayne, Florida, Dade County. End of Exhibit Exhibit F Page 2 k43y Exhibit "G" Wage Rates ►$s General Decision Number FL940032 Superseded General Decision No. FL930032 State: Florida Construction Type: HEAVY County(ies): BROWARD LEE COLLIER MARTIN DADE PALM BEACH ST LUCIE HEAVY CONSTRUCTION PROJECTS (Excluding Sewer & Water Lines) Modification Number Publication Date 0 02/11/1994 1 06/10/1994 lab FL940032 - 1 G-1 06/10/1994 COUNTY(ies): BROWARD LEE COLLIER MARTIN DADE PALM BEACH CARP1026D 08/01/1993 PILEDRIVERMEN ST LUCIE Rates Fringes 16.15 3.10 ELEC0323C 09/05/1993 Rates Fringes MARTIN, PALM BEACH, AND ST LUCIE COUNTIES ELECTRICIANS 15.88 21.5% *ELEC0349B 09/01/1993 DADE COUNTY ELECTRICIANS: Contracts under $750,000 Contracts $750,000 to $2,000,000 Contracts over $2,000,0000 Rates Fringes 15.00 8%+2.70 17.00 19.50 8%+2.70 8%+2.70 ELEC0728A 09/01/1993 Rates Fringes BROWARD AND COLLIER COUNTIES ELECTRICIANS 20.12 3%+3.72 ELEC0915B 09/01/1993 Rates Fringes LEE COUNTY ELECTRICIANS 17.60 20%+.25 * ENGI0487B 04/01/1994 Rates Fringes DADE COUNTY POWER EQUIPMENT OPERATORS: Backhoes, Bulldozers 15.25 2.85 Cranes 17.50 2.85 Oilers 13.45 2.85 CV FL940032 - 2 06/10/1994 G-2 ENGI0675B 10/01/1993 Rates Fringes BROWARD, COLLIER, LEE, MARTIN, PALM BEACH, AND ST LUCIE COUNTIES POWER EQUIPMENT OPERATRORS: All Tower Cranes and all Cranes with boom length 150 ft and over 17.34 4.95 Cranes with boom length less than 150 ft, Backhoes, and Bulldozers 16.62 4.95 Oilers 14.37 4.95 PLUM0630A 07/01/1993 Rates Fringes LEE, MARTIN, PALM BEACH, AND ST LUCIE COUNTIES PIPEFITTERS 21.01 4.64 PLUM0725B 07/16/1993 Rates Fringes BROWARD AND DADE COUNTIES PIPEFITTERS 19.25 4.05 SUFL2016A 01/26/1990 Rates Fringes CARPENTERS 12.71 2.71 CEMENT MASONS 10.50 LABORERS 5.72 POWER EQUIPMENT OPERATORS: Loaders 11.25 2.55 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a) (1) (v)) . In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively FL940032 - 3 G-3 06/10/1994 bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. END OF GENERAL DECISION 1sg FL940032 - 4 G-4 06/10/1994 Detailed Specifications 1ao GENERAL CONSTRUCTION PROVISIONS 1. GENERAL A. The work consists of furnishing all labor, material, equipment, and incidentals necessary for the construction of the contract items indicated by the Proposal. B. The quantities of work in the Proposal are approximations only. Payment shall be made on the unit prices and measurement shall be actual field measured units. 2. STANDARD SPECIFICATIONS A. The Specifications to be used on this project will be: • the "Florida Department of Transportation Standard Specifications for Road and Bridge Construction", dated 1991 and its supplements. Those specifications are part of the Contract. In case of conflict, the FDOT "Standard Specifications" shall be subordinate to the remaining Contract Documents. • The "Florida Department of Transportation Standard Indices" dated January 1992 and all addenda thereto. B. Definitions: Department: Since this project is being contracted by the Village of Key Biscayne, all references to the "Department" as legal owner will be replaced by "Village of Key Biscayne" as Owner of the project. 3. DETAILED SPECIFICATIONS The Detailed Specifications are additional specifications intended to address items of work not included or addressed in the Standard Specifications. In case of a conflict, the Standard Specifications shall be subordinate to corresponding sections of the Detailed Specifications, General Conditions, and Supplemental Conditions. 4. WEEKLY CONSTRUCTION MEETINGS Weekly construction meetings are required to be held on site. The purpose of these meetings will be to review the work of the previous week, schedule the next weeks' work, inform residents and utility companies of schedules, and discuss any additional questions. 4111-00D.SPC/69P/061794 111 GCP-1 SECTION NO. 100 ALLOWANCE ACCOUNT 100-1 DESCRIPTION The allowance account has been set up to compensate the Contractor for permit fees as identified and for reimbursement of public utility costs associated with maintenance or relocation of existing facilities related to the construction. 100-2 SPECIFIC REQUIREMENTS This account was established as a method of payment for the requirements as identified in the following items: A. Permitting fees from Dade County and the Village of Key Biscayne for building and drainage fees. B. Payment for utility costs associated with the project. They include: 1. Miami -Dade Water and Sewer Department (WASD) will be responsible for maintaining the existing watermains including service connections. Any adjustment to any watermains or repair of broken watermains will be handled by WASD. The cost will be assessed to the Contractor. Any relocation or replacement of watermains initiated by WASD and not caused by the Contractor's construction will be reimbursed to the Contractor through the allowance account. Any cost of adjustment or repair to the water service connections shall be paid for by the Contractor and not reimbursed by the Owner. The Contractor shall replace sanitary sewer laterals in -kind or with approved WASD materials and construction methods at his own expense. No reimbursement for sanitary sewer laterals will be paid for by the Owner. 2. Maintenance of Utility Service - This includes supporting utility poles or conduit associated with the trench excavation. 100-3 BASIS OF PAYMENT Payment will be made in accordance with the actual fee charged by permitting entity or utility. Any charge for maintenance of utility services must be received prior to approval of the Engineer. The cost associated with this allowance is a pass -through cost (no mark-up permitted) and verification is required to be documented prior to payment. 4111-00D.SPC/69P/111594 DS -100-1 100-3.1 PAYMENT Payment shall be made under: Item No. 100-1 Allowance Account 4111-00D.SPC/69P/061794 193 DS -100-2 SECTION NO. 101 MOBILIZATION AND SITE VIDEO 101-1 DESCRIPTION The addition to this section includes the indemnification cost and the mobilization includes not only the establishment of facilities in this section but includes removing and restoration of the facilities. The Contractor shall supply the Engineer a minimum of 100 square feet of office space with separate entrance, telephone, electrical and sanitary facilities available. This office shall have the ability to be physically separated from the Contractor's facilities. VIDEO RECORD OF WORK AREA: The Contractor shall prepare a video in accordance with paragraph 28, page SC -12 of the Supplementary Conditions. Plants, landscaping, mailboxes, front view of homes on both sides of the street shall be included. Measurement and payment for the video and project photographs shall be part of the lump sum bid price. 101-2 BASIS OF PAYMENT 101-2.1 Payment shall be made under: Item No. 101-1 Mobilization - per lump sum Item No. 101-2 Indemnification - per lump sum Item No. 101-3 Performance and Payment Guaranty & Insurance - per lump sum 101-2.2 Partial Payments - Partial payments for Item 101-1 Mobilization, will be made in accordance with the following: 4111-00D.SPC/69P/111594 1 °14 Percent of Original Contract Amount Earned Allowable Percent of Lump Sum Price For the Item 5 25 25 50 50 75 75 90 100 100 DS -101-1 SECTION NO. 102 MAINTENANCE OF TRAFFIC 102-1 GENERAL PROVISIONS This section is amended to include allowing the Contractor to work as many installation segments as the Contractor can competently supervise. The number and locations of the installations shall be detailed in the Construction Schedule submitted at the pre -construction meeting. 102-2 SPECIFIC REQUIREMENTS 102-2.1 Maintenance of Roadway Surface - Add the following to this section: The Contractor shall close one block at a time. Traffic control shall conform to Section 102-3 Traffic Control. The contractor shall maintain one travel lane at all times to provide reasonable access to the residents. The Contractor shall notify residents 24 hours prior to proposed construction that will affect access to their property if vehicular access to residents is to be restricted, Contractor notification shall not be more than 72 hours in advance of construction in addition to minimum of 24 hour notification. This notification shall be written notification mailed or hand delivered door-to-door. The Owner shall supply a sample notification for the Contractor's use. When maintaining one travel lane on a street during hours of no construction, including weekends, the Contractor shall monitor the site to be assured all traffic control devices are working and properly placed. If the monitoring discovers any discrepancies in the traffic control it must be corrected immediately including temporary flagmen until the discrepancy is corrected. All travel lanes will be paved surfaces. In performing the work one block at a time, the Contractor shall limit the amount of open ditch at any one time with one crew to one block (maximum 600 feet). The work in each block, including excavation, pipe laying, backfilling and permanent paving, shall be completed before proceeding with the work in the next block. In addition, permanent paving shall be placed on a weekly basis to cover the completed pipe sections. DS -102-1 4111-00D.SPC/69P/111594 195 At least one off -duty police personnel may be required. The charges by the police will be paid by the Contractor and then reimbursed by the Village. Documentation is to be submitted with monthly invoices. The Contractor shall submit a detailed maintenance of traffic plan to the Village of Key Biscayne for review and approval before any road closures are initiated. 102-7 Basis of Payment Payment shall be made under: Item No. 102-7 Maintenance of Traffic - per lump sum 4111-00D.SPC/69P/082494 ‘1b DS -102-2 SECTION NO. 104 PREVENTION, CONTROL AND ABATEMENT OF EROSION AND WATER CONTROL 104-1 DESCRIPTION If required, the Contractor shall place turbidity barriers at affected outfalls to preclude turbidity occurring in the vicinity of the existing outfall structures. 104-11 BASIS OF PAYMENT Payment shall be made under: Item No. 104-11 Floating Turbidity Barrier - per linear foot 4111-000.SPC/69P/082494 111 DS -104-1 SECTION NO. 380 PAVEMENT RESTORATION 380-1 DESCRIPTION The work in this section consists of restoring the roadway driveways, and swales to the pre -construction condition and thick pavement overlay on the streets as shown in the plans. 380-2 MATERIALS AND CONSTRUCTION The materials used shall details as follows: pavement, a full 1" conform with the Division II Construction Limerock Base Driveways Prime and Tack Coats Hot Bituminous Mixtures Type III Asphaltic Concrete Sodding Tree Replacement Thermoplastic Traffic Strips and Marking Section 200 Section 286 Section 300 Sections 320 and 330 Section 333 Section 575 Section 580 Section 711 380-3 SPECIFIC REQUIREMENTS The backfilling of the trench is to the finished surface of the swale (original ground line) or to the bottom of the pavement subgrade. For this project the bottom of the subgrade is defined as the bottom of the base material. Therefore, all work in this section includes all work in restoring the work area to pre -construction conditions beyond the limits of backfilling. 380-3.1 ASPHALTIC CONCRETE ROADWAY PAVEMENT The replacement asphaltic concrete pavement section is detailed on the plans and included in the price for lineal feet of pipe installed. 380-3.2 DRIVEWAYS 380-3.2.1 Asphaltic Concrete Driveways The base and asphalt construction shall be replaced in kind with a minimum of 6" limerock base and 1" asphaltic concrete. The 1" asphaltic concrete shall be Type S -III. 4111-00D.SPC/69P/082494 t9$ DS -380-1 380-3.2.2 Portland Cement Concrete The portland cement concrete driveways will be replaced in -kind and with the minimum Village of Key Biscayne standards for portland cement concrete driveways. 380-3.2.3 Specialty Construction Any specialty construction of existing driveways will be replaced in -kind and with the minimum Village of Key Biscayne standards for the specialty driveway construction. 380-3.3 SWALES The swales shall be re -sodded as required with St. Augustine Sod - Floristan to match the recently constructed hurricane restoration of the swales. In conjunction with the hurricane reconstruction of swales, the Village installed new tree planting in the swales. Where the storm sewer trench_ construction_ causes the tree planting to be destroyed they will be replaced in kind. A detail of the tree planting is shown on the plans. The Contractor may choose to try to relocate the trees, however, the replacement tree plantings must be guaranteed to be established and living for six months after basin completion. All sodding will be accomplished within 30 calendar days of a completed block. 380-3.4 TRAFFIC CONTROL MARKING The Contractor shall place the traffic stripes and marking in accordance with the details shown in the plans, using thermoplastic compounds. 380-3.5 PAVEMENT OVERLAY (1" THICK) This item shall include placing a 1" thick asphaltic concrete Type S -III overlay for the full width of the existing roadway after the complete restoration of the roadway for the drainage construction. See the plans for the location of the streets to be overlaid and details in the plan for the overlay construction. This item is a contigency item and may be increased, decreased, or eliminated entirely. 380-3.6 TREE REPLACEMENT In the course of the work, it may become necessary to remove trees if they interfere with construction. The Owner has ordinances regulating the removal, relocation and pruning of trees in the public right-of-way, and these ordinances shall be strictly adhered to. The Contractor shall obtain the Owner's approval before removing, relocating and/or pruning any tree. The Contractor shall abide by all requirements and conditions of the Owner, and shall include all costs under the various Proposal Items, and no other compensation will be provided. 4111-00D.SPC/69P/111594 1 °, q DS -380-2 380-4 METHOD OF MEASUREMENT Driveways - Replacement Trees - Pavement Marking - 380-5 BASIS OF PAYMENT square yards of pavement constructed each tree replaced square foot of pavement marking Payment will be made at the contract unit price which includes the following: Driveways - Includes construction of pavement section including limerock base, prime and tack coat, and hot bituminous mixture. Tree Planting - Includes all costs to re-establish the existing tree planting including bed preparation, staking and guying, water and fertilizer to establish a growing replacement tree. Pavement Marking - The contract price per square foot for pavement marking shall be compensation for all work specified in this section and shall include all cleaning and preparing surfaces, furnishing all materials, the application, curing and protection of all items, the protection from traffic, the furnishing of all tools, machines, and equipment and all incidentals necessary to complete the work. Pavement Overlay - (1" Thick) - Includes construction of a 1" thick asphaltic concrete surface course including tack coat and hot bituminous mixture. 380-5.1 Payment shall be made under: Item No. 380-2 Driveway Restoration (Asphalt) - per square yard Item No. 380-2A Driveway Restoration (Concrete) - per square yard Item No. 380-2B Driveway Restoration (Specialty) - per square yard Item No. 380-4 Tree Replacement - per each Item No. 380-5 Pavement Marking - per square foot Item No. 380-6 Pavement Overlay (1" Thick) - per square yard 4111-00D.SPC/69P/111594 200 DS -380-3 SECTION NO. 425 INLETS, MANHOLES AND JUNCTION BOXES 425-1 DESCRIPTION This section shall also include modifying existing inlet structures. Modifying an existing inlet or manhole shall be defined to include modifying the structure to allow an additional pipe to be constructed into the inlet or manhole structure. Adjusting manholes shall be defined as adjusting frame and grate to elevations for 1" overlay. New manholes and inlet unit prices shall include those structures that require breaking existing pipe and constructing a manhole or inlet over an existing pipe, grouting openings, and all other materials and incidentals to complete the work. 425-8.3 PAYMENT ITEMS Payment shall be made under: Item No. 425-1 Inlets (P -Box) - per each Item No. 425-1A Inlets (J -Box) - per each Item No. 425-2 Manholes (P -Box) - per each Item No. 425-2A Manholes (J -Box) - per each Item No. 425-2B Conflict Manholes (P -Box) - per each Item No. 425-2C Conflict Manholes (J -Box) - per each Item No. 425-4 Adjusting Inlets - per each Item No. 425-5 Adjusting Manholes - per each Item No. 425-11 Modifying Inlets - per each 4111-00D.SPC/69P/082494 201 DS -425-1 SECTION NO. 430 PIPE CULVERTS AND STORM SEWERS 430-2.1 PIPE The following pipe materials shall be Concrete Pipe Helical Corrugated Aluminum Pipe Round Rubber Gaskets Spiral Rib Aluminum Pipe used: Section 941 Section 945 Section 942 Hy -Flo Spiral Rib Pipe or Equal Metal pipe shall have flat neoprene gaskets with rod and lug bands. These materials are alternative materials and the Contractor may select any of the alternate materials. However the Contractor shall select only one material and not mix materials on the project. The plans show pipe sizes for concrete pipe and corrugated aluminum pipe. Spiral rib aluminum pipe shall have a Manning roughness coefficient of n = 0.012. The pipe shall be rated to meet HS -20 loading under the fill requirements for the project. 430-4.2 TRENCH EXCAVATION Because the work area is constrained by soil type, utilities, landscaping and maintenance of traffic conditions, the Contractor may be required to use special equipment to limit the trench width. The cost of such special equipment or work is to be included in the unit price for storm sewer pipe. No compensation for this work will be made under steel sheet piling (temporary) or trench box. Pipe foundation, if required, shall be included in the pipe cost. Any earth or other excavated material spilled from the trucks shall immediately be removed by the Contractor and the streets cleaned to the Owner's satisfaction. For compliance with the State of Florida Trench Safety Act (TSA) for storm sewer pipe items, the payment will be paid under the unit price for the lineal feet of pipe installed. 430-4.4 BACKFILLING Because of the location and elevation of the work area it is anticipated that wet conditions will be such that dewatering by normal pumping methods will not be effective. Therefore, backfilling can be accomplished under Section 125-8.3.3 Backfill Under Wet Conditions. See attached notice to Contractors regarding dewatering. 4111-00D.SPC/69P/111594 20 Z. DS -430-1 Any sprinkler lines encountered in the trenching operations will be repaired and to the pre -construction condition. Contractor shall be responsible for disposal of asphalt, excess and unsuitable materials, site cleanup and restoration under this section. See Section 380 for restoration pay items. No separate payment shall be made for other restoration items. 430-4.5 ALLOWABLE INFILTRATION Visible infiltration leaks shall be repaired. Joints and connections shall be water tight. Infiltration shall not exceed 50 gpm per mile of pipe with structures. 430-13.9 GENERAL Payment shall be made under: Item No. 430-1 Item No. 430-1A Item No. 430-1B Item No. 430-1C Storm Sewer Pipe (18") Storm Sewer Pipe (24") Storm Sewer Pipe (30") Storm Sewer Pipe (36") - per linear foot - per linear foot - per linear foot - per linear foot 4111-00D.SPC/69P/111594 203 DS -430-2 METROPOLITAN DADE COUNTY, FLORIDA ENVIRONMENTAL RESOURCES MANAGEMENT 111 N.W. 1ST STREET SUITE 1310 MIAMI, FLORIDA 33128-1974 (305) 375-3376 NOTICE TO ALL CONTRACTORS INVOLVED IN ANY CONSTRUCTION ACTIVITY WHICH REQUIRES DEWATERING WITH ULTIMATE DISCHARGE INTO A CANAL, LAKE, DITCH OR STORMWATER WHICH DISCHARGES INTO AN OPEN BODY OF WATER OR BISCAYNE BAY. Please be aware that if you are involved in any construction activity as above described, you are required to provide all necessary measures in order to maintain turbidity in the receiving body of water within the acceptable limits as established by the Metropolitan Dade County Code. You must present a separate plan to be included with your building plans indicating your proposed measures or apply for a permit from Metropolitan Dade County Department of Environmental Resources Management before your construction plans will receive final approval. For additional information, please contact Isaac Sznol, P.E., Head, Water Control Section. DS -430-3 '20 4 SECTION NO. 444 DEEP DRAINAGE WELL SYSTEM 444-1 DESCRIPTION The work specified in this section consists of the construction of a deep well system in accordance with these specifications and conforming to the elevations, dimensions, notes and details as shown on the Plans. This includes all structures from the termination of the storm sewer pipe to the deep drainage wells. 444-2 MATERIALS 444-2.1 Deep Drainage Well The size of the steel well casing shall be the external diameter as shown on the Plans. This casing shall be constructed of 0.375" wall black steel pipe. 444-2.2 Precast Box Structures The materials used shall conform to Section 425-3 of Section 425 - Inlets, Manholes, and Junction Box. The box structures only detail dimensions on the Plans. The Contractor will be required to submit the design of these boxes signed and sealed by a Florida Registered Engineer. These plans will be submitted to the Engineer for review and approval. No work can commence on these structures until the design is approved. 444-3 CONSTRUCTION 444-3.1 General The well drilling contractor shall furnish all labor, Florida Department of Environmental Regulation (FDER) permits, materials, and equipment required to construct, test, and maintain deep drainage wells in accordance with these Specifications. The wells shall be constructed to conform with the elevations, notes, and details shown in the Plans. The Contractor shall drill the wells at a specified diameter as called for in the Plans, to a depth which will produce the minimum injection capacity at the required head as shown in the Plans. The construction of concrete box structures shall conform to all applicable sections of Section 425 - Inlets, Manholes and Junction Boxes. 4111-00D.SPC/69P/111594 205 DS -444-1 444-3.2 Installation of Casing The Contractor shall construct the wells with casing from the given rim elevations shown in the Plans to a water bearing strata capable of accepting the specified minimum discharge. The minimum chloride content for this water bearing strata must be 1,500 parts per million. 442-3.3 Construction of Open Hole The Contractor shall continue to construct an open hole, of the same diameter as the casing to a depth which will provide the minimum discharge capacity as called for in the Plans. This open hole shall be developed by the "Air -Lift Method" (reverse circulation drilling) to remove all sand and gravel from the open hole. 444-3.4 Testing The pumping test employed to determine the capacity of the well and whether or not it meets the specific capacity called for will be as specified: The tests used shall be sufficient to prove that the injection well will dispose of 1,000 gpm per foot of head. The tests shall adequately prove the specific capacity of the well. Test methods shall be approved by the Engineer during the shop drawing submittal phase. The Contractor shall furnish, install, and remove the necessary measuring instruments and satisfactory throttling devices. The test pumping unit shall be complete with an ample power source, controls, and appurtenances and shall be capable of being operated without interruption for a period of 30 minutes. Discharge shall be checked and adjusted, if necessary, every five minutes for a period of 20 minutes. The discharge and time of measurement shall be recorded each time it is checked and a note made of any adjustments. The static or non -pumping water level shall be established prior to the start of the test. 444-3.5 Maintenance of Wells The Contractor shall cap and seal the completed deep wells immediately following construction and testing of the well as specified above. During the construction operations, the Contractor shall not allow the discharge of any materials or fluids into the well, without written consent from the Engineer, unless it is for the purpose of testing the capacity of the wells. DS -444-2 4111-00D.SPC/69P/111594 20 6 When all paving and grassing operations have been completed, prior to final acceptance, the Contractor shall remove the cap and seal from the well, and clean the well, removing all solid material. A this time the Contractor shall have all inlets and other drainage structures in place and operational. 444-4 BASIS OF MEASUREMENT The quantities to be paid for under this section shall be for each system with the wells being tested and accepted prior to payment. The limits measurement for such system will be as illustrated in the Plans. 444-5 BASIS OF PAYMENT 444-5.1 General The quantities determined as provided above shall be paid at the contract price per each installation. Such prices and payment shall be full compensation for all work specified in this section. 444-5.2 Payment Payment shall be made under: Item No. 444-70A Deep Drainage Well System with Internal Well (In -Line) - per each Item No. 444-70B Deep Drainage Well System with External Well - per each 4111-00D.SPC/69P/111594 ZO! DS -444-3 SECTION NO. 455 STEEL SHEET PILING (TEMPORARY) 455-1 DESCRIPTION This section is amended to include the following: The temporary steel sheet piling is to be used for the installation of the deep drainage well system if required and for trench conditions where the normal construction methods are not sufficient. 455-9 SHEET PILING 455-9.1 Description - This specification shall also include furnishing, placing, and removing temporary sheet piling. Steel sheet piling for temporary installation shall meet the requirements called for in the plans. 455-11.7 Steel Sheet Pilinq This subarticle of the specifications is deleted and the following substituted: The quantity to be paid for under the steel sheet piling item shall be the plan quantity area in square feet measured from top of pile elevation to the bottom of pile elevation and longitudinally along the top of the sheet piles as shown in the Plans. Sheet piling and installation shall be in accordance with the details and notes shown in the Plans. 455-12 BASIS OF PAYMENT This section of the specifications is deleted and the following substituted: The quantity of steel sheet piling shall be paid for at the contract unit price per square foot for Steel Sheet Piling, completed and accepted. This payment shall be full compensation for all labor, equipment, and materials required for furnishing and installing steel sheet piling, but shall not include furnishing and placing anchors. Anchors will be paid for separately when called for in the plans. For temporary installations, removal of the sheet piling, anchors, and incidentals shall be included in the cost per square foot for Steel Sheet Piling (Temporary). Payment shall be made under: Item No. 455-133 Steel Sheet Piling (Temporary) - per square foot 4111-00D.SPC/69P/061794 DS -455-1 SECTION NO. 02219 CONCRETE STRUCTURES FOR PUMP STATIONS PART 1 - GENERAL 1.01 REFERENCE STANDARDS Work for concrete structures shall comply to applicable sections of the latest edition of the following references: A. Building Code Requirements for Reinforced Concrete, American Concrete Institute, ACI 318. B. South Florida Building Code C. Florida Department of Transportation (FDOT), Standard Specifications for Road and Bridge Construction, Sections 345, 400, 415, and applicable reference sections. PART 2 - PRODUCTS 2.01 CLASS OF CONCRETE Concrete shall be Class IV as per Section 345 of the FDOT Standard Specifications for Road and Bridge Construction. Prior to placement of concrete, the Contractor shall furnish the engineer, for approval, a statement of the materials and mix proportions (including admixtures) he intends to use. The statement shall include evidence satisfactory to the Engineer that the materials and the proportions will produce concrete conforming to this specification. The materials and proportions so stated shall constitute the "job mix". After a job mix has been approved, neither the source, character of grading the aggregates, nor the type or brand of cement or admixture shall be changed without approval. 2.02 REINFORCING STEEL Rebar shall be Grade 60. Bars shall be fabricated as per code requirements, free from dirt, rust, grease, oil or cracks at time of concrete placement. Rebar shall be properly secured and supported. 4111-00E.SPC/69P/092894 209 DS -02219-1 PART 3 - EXECUTION 3.01 EXECUTION AND TESTING The Engineer or his representative shall have free entry to the construction site, or plant and equipment furnishing concrete. Proper facilities shall be provided for the Engineer to inspect materials, equipment and processes and to obtain samples of the concrete. All tests and inspections will be conducted so as not to interfere unnecessarily with manufacture and delivery of the concrete. Concrete shall be uniform and thoroughly mixed when delivered to the work site. Variations in the slump of more than 1" will be considered evidence of inadequate mixing or improper proportioning and shall be rejected or corrected. 3.02 EXCAVATION Excavated surfaces too steep to be safe and stable if unsupported shall be supported as necessary to safeguard the work and workmen, to prevent sliding or settling of the adjacent ground, and to avoid damaging existing improvements. The width of the excavation shall be increased if necessary to provide space for sheeting, bracing, shoring and other supporting installations. All construction shall be in accordance with all State and Federal safety regulations. Sheeting and bracing shall be continuously maintained to prevent damage to property, injury to persons, or erosion and cave-ins. Bracing and sheeting shall be completely removed as the backfilling progresses. All voids caused by the removal of sheeting shall be backfilled immediately with sand or other approved fill material and compacted. 3.03 DEWATERING The excavation shall be dewatered for placement of poured -in -place concrete, backfill, and placement of foundations. In cases where floating structures can occur, the site shall be continuously dewatered until backfill is placed to prevent floating or the structure is filled with water to provide equalization. Dewatering procedure shall be such as to prevent movement of soil causing erosion, settlement, silting downstream, or turbidity control requirements. Dewatering is not required for precast installation provided floating of the structure is prevented and the foundation is stable. 3.04 FOUNDATION PREPARATION Footings or base slabs shall be placed on stable and uniformly compacted material. Mud or muck shall be removed. The subgrade shall be stabilized with gravel or drain rock, compacted and brought to the proper grade with granular material. The foundation shall be level and free from soft spots before placement of base slab. 4111-00E.SPC/69P/111594 -2_1 0 DS -02219-2 3.05 BACKFILLING A. Excavations shall be dewatered during excavation to at least 1' below bottom of excavation unless backfill is with approved, well graded gravel and sand mix material. B. Do not backfill over existing subgrade surfaces which are porous, muddy or spongy. Deleterious materials shall be removed. C. Backfill and compact carefully around pipes and below structure and tanks to completely fill voids and achieve specified density uniformly. D. Place and compacted approved fill to specified density in lifts not - to -exceed 12". E. The moisture content of fill material shall be within 2% of the optimum moisture content based on the modified proctor maximum dry density test (AASHTO T-180). The percent compaction shall be at least 90% of the modified proctor maximum dry density. Backfill to be under paved areas shall be at least 95% of maximum density. Imported gravel shall be vibrated to proper density. F. Backfill all areas to grades, contours, levels and elevations. Compact all areas of fill in each lift, including final lift to finish grade. G. Backfill systematically and as early as possible to allow maximum time for natural settlement and compaction. Do not backfill against walls below grade until concrete has a minimum compression strength of 3,000 psi or adequate bracing is provided as approved by the Engineer. H. Unsuitable or excess materials shall be removed from the site and disposed of by the Contractor as part of the bid price. PART 4 - MEASUREMENT AND PAYMENT Measurement and payment shall part of the lump sum unit price for each pump station, including valve vaults, oil water separators, etc., as detailed. 4111-00E.SPC/69P/111594 ZI i DS -02219-3 SECTION 02610 PUMP STATION PIPE, FITTINGS AND APPURTENANCES PART 1 - GENERAL The Work under this Section of the Specifications shall include the furnishing and installation of all materials needed for the piping systems as shown on the Drawings. 1.01 WORK INCLUDED A. In general, the Work under this Section shall include, but is not limited to, furnishing and installing: 1. Pump station system piping 2. All necessary fittings and appurtenances B. The Work shall also include the furnishing of all labor, materials, equipment, lights, transportation, and performing all operations necessary for the proper placement of the water mains in accordance with these Specifications, as shown on the Drawings, and directed by the Engineer. C. Existing forcemain relocation at pump station site, East Heather Drive. 1.02 RELATED WORK The following items of related work are included in other Sections of the Specifications: Section 02219: Section 11214: Section 16050: 1.03 QUALITY ASSURANCE Concrete Structures for Pump Stations Turbine Pumps, Storm Drainage Pumping System Electrical A. Welding materials and labor to conform to ASME Code, applicable state Labor Regulations and AWS standards. Welding steel pipe shall conform to AWWA C2O6, latest edition. B. Use welders fully qualified and licensed by state authorities. C. Where local building and/or plumbing codes conflict with the use of any material, pipe or type of fittings and/or where the local code is more restrictive or specific than this Specification, the material, pipe or type of fittings producing a better quality or greater quality product and not prohibited by the code shall be utilized. 4111-00E.SPC/69P/092994 2_12 DS -02610-1 D. Supplier shall provide manufacturer's certificates for all materials indicating conformance to these specifications. E. Supplier shall also provide certification that all testing/inspection required by this specification and referenced standards have been made on all pipe and fittings shipped and that they meet the required specifications. 1.04 REFERENCES AASHTO ANSI ASTM AWWA ASME AWS DIPRA FS NFPA SSBC WPCF NSF American Assoc. of State Highway and Transportation Officials American National Standards Institute American Society for Testing and Materials American Water Works Association American Society for Mechanical Engineers American Welding Society Ductile Iron Pipe Research Association Federal Specification National Fire Protection Association Southern Standard Building Code Water Pollution Control Federation Natural Sanitation Foundation 1.05 CONNECTION TO EXISTING WORK BY OTHERS OR EXISTING LINES Connection to existing lines, to which piping of this Contract must connect, the following work shall be performed. A. Expose buried lines to confirm or determine end connection, pipe material and diameter. B. Furnish and install appropriate piping and make proper connections. C. Connect new relocated forcemain piping to existing forcemain after new line is pressure tested. 1.06 SUBMITTALS A. Submit to the ENGINEER within thirty (30) days after execution of the Contract a list of materials to be furnished, the names of the supplier and the date of delivery of materials to the site. B. All pipe and fittings to be installed under this Contract shall be inspected and tested at the foundry as required by the standard specifications to which the material is manufactured. Furnish in duplicate to the ENGINEER sworn certificates of such tests and their results. C. Shop drawings including layouts shall be submitted to the ENGINEER for approval in accordance with General Conditions and shall include dimensioning, methods and locations of supports and all other pertinent technical specifications for all piping to be furnished. Shop drawings shall be prepared by the pipe manufacturer. 4111-00E.SPC/69P/092994 '‘ 3 DS -02610-2 D. Concrete mix submitted for approval. PART 2 - PRODUCTS 2.01 PIPE MATERIALS A. Ductile Iron Pipe: 1. Ductile Iron Pipe shall be centrifugally cast in metal or sand -lined molds and shall conform to ANSI/AWWA C151, A21.51, most recent revision, Class Pressure 50 thickness, unless otherwise noted on Drawings. 2. Type of Joints a. Mechanical Joint - ANSI/AWWA C110 A21.10 and C111 A21.11. b. Push -On Joint - ANSI/AWWA C111 A21.11. c. Flanged Joint - ANSI/AWWA C110 A21.10 or C115 A21.15. 3. Restrained Joint Pipe shall be manufactured by United Station Pipe and Foundry Company (TR Flex), American Cast Iron Pipe Company (Lok-Ring) or approved equal. B. Pipe Lining and Coatings: 1. Ductile iron piping shall be cement lined per ANSI/AWWA C104/A21.4. 2. Buried ductile iron pipe shall be bituminous coated as per AWWA C151/A21.51. 3. Steel pipe shall have a coal tar epoxy lining and coating 30 mil thickness conforming to AWWA C-210, latest edition. C. Steel pipe shall conform to the requirements of AWWA Specifications C-208, latest revision, for 3/16 inch wall thickness unless otherwise shown on the Drawings. D. Polyethylene Encasement Material: When called for on the plans ductile iron pipe installed under this contract shall be polyethylene encased as follows. The material will be extruded tube form and flat sheets of high quality virgin polyethylene, eight (8) mils thick, pigmented with 2.0 to 2.5% of well dispersed carbon black with stabilizers. 4111-00E.SPC/69P/092994 21y DS -02610-3 Minimum tensile strength will be 500 volts per mil thickness. A plastic adhesive tape approximately two (2") inches wide will be used to close seams and overlaps in this material. The tape must bond securely under water to polyethylene and metal surfaces. Approved types are Polyken No. 900 Polyethylene, Scotchrap No. 50 Polyvinyl, or equal. The material and installation procedures shall conform to ASTM A674-74 standards. E. PVC Pressure Pipe: Pipe 4 inches through 12 inches shall conform to ANSI/AWWA Standard C900 latest revision with minimum wall thickness of DR series 18. Pipe larger than 12 inches shall conform to the latest edition of ANSI/AWWA C905 with minimum wall thickness of DR series 21. all pipe shall conform with outside diameter of cast iron pipe. Joints shall be bell and spigot on rubber gasket type only. 2.02 FITTINGS A. Ductile Iron Fittings: Fittings shall be as shown on the Drawings and/or shall conform to the following: 1. Mechanical Joint Fittings - ANSI/AWWA C153 A21.53 or ANSI/AWWA C110 A21.10 and ANSI/AWWA C111 A21.11. 2. Push -On Pipe Fittings - Use mechanical joint fittings, ANSI/AWWA C153 A21.53 or ANSI/AWWA C110 A21.10. 3. Flanged Fittings - ANSI/AWWA C110 A21.10. 4. Screwed Fittings - ANSI/AWWA C110 A21.10. 5. Fittings shall be lined and coated in accordance with 2.01B Pipe Linings and Coatings. Sanitary forcemain fittings shall be lined with 40 mils of coal tar epoxy. B. Steel pipe fittings shall conform to AWWA 208 latest edition and shall be lined and coated with coal -tar epoxy, 30 mil thickness. PART 3 - EXECUTION 3.00 Ductile iron pipe installation shall conform to AWWA C600 latest edition. Steel and PVC pipe shall be installed in accordance with manufacturer's recommendations. 3.01 PREPARATION A. The layout of some of the piping systems shown on the Drawings may be diagrammatic, but shall be followed as closely as the work will permit. 4111-00E.SPC/69P/092994 215 DS -02610-4 B. Before running lines, the CONTRACTOR shall carefully verify location, depth, type of joint needed and size of pipe to which connection is proposed. He shall then assure himself that the lines can be run as contemplated without interfering with footings, walls, other piping, and utilities etc. Any necessary deviation shall be referred to the ENGINEER for final adjustment before lines are run. C. All lengths of pipe shall be dimensioned accurately to measurement established at the site, and shall be worked into place without springing or forcing. Cut sections of pipe shall be reamed to remove all burrs. D. Utmost care shall be exercised in loading, and placed of all pipe, fittings, valves, etc., in order to avoid shock and/or damage. Lifting shall be by hoist or skids when hand lifting is not feasible. Dropping will not be permitted. Pipe handled on skidways must not be skidded or rolled against pipe already on the ground. E. Any pipe, special castings, or other appurtenances broken or damaged in transit to the site where they are to be used, or after they have been delivered to the site, shall be replaced by the CONTRACTOR at his own expense. F. All pipes and special castings shall be carefully examined for defects, and no pipe or special casting shall be laid which is known to be defective. If any such pipe or special casting shall be discovered to be defective after being laid, it shall be removed and replaced with a sound casting by the CONTRACTOR at his own expense. G. The CONTRACTOR shall cut all pipe and drill all holes that may be necessary, whenever and wherever so required. This work shall be done in a thorough and workmanlike manner. H. All changes in direction unless otherwise noted on the drawings or approved by the ENGINEER shall be made with fittings, as bending pipe is prohibited. Deflection of piping at joints will be permitted at angles 75% of the manufactors maximum recommended deflection. I. The pipe shall be kept clean. Al foreign material shall be removed from the inside of the pipe before it is placed. Should the pipe become dirty, contaminated or flooded it shall be cleaned in accordance with methods specified in the latest edition of AWWA C651 prior to the disinfection. 3.02 INSTALLATION OF PIPING A. Lines, Grades, Stakes and Templates: 1. The CONTRACTOR shall, at his own expense, furnish all stakes, templates, patterns, platforms, and labor that may be required in the layout of any part of the Work. 4111-00E.SPC/69P/092994 2k to DS -02610-5 2. The ENGINEER will furnish, upon request by the CONTRACTOR, limit marks and bench marks reasonably necessary for the execution of the Work. 3. The ENGINEER will furnish a representative to check alignment and grade after it has been laid out ready for construction; however, this will in no way lessen the responsibility of the CONTRACTOR to maintain correct grade and alignment at all times. 4. The line and grade of all piping, as well as the location of all appurtenances, will be as shown on the Drawings, or as directed by the ENGINEER. Pipe shall be laid at a uniform grade with high points at fire hydrants, air release valves or as directed by the ENGINEER. 5. The CONTRACTOR shall give the ENGINEER a minimum of forty- eight hours notice for any engineering or inspection necessary to continue or complete the work. B. Excavation: 1. The CONTRACTOR shall perform all excavation that may be required for the installation of any and all parts of this Section. Excavations shall conform to all Federal, state and local safety requirements. 2. The excavation of the trench shall not advance more than 100 feet ahead of the completed pipe work except where, in the opinion of the ENGINEER, it is necessary to drain wet ground, or for other reasons as approved by the ENGINEER. 3. All excavations shall be made by open cut except as shown on the Drawings. The sides of the trench shall be kept as nearly vertical as possible in order to provide safe operation, especially from the trench floor to a level of one foot above the top of the pipe. Trench bottoms shall not be less than 16 inches wider nor more than 24 inches wider than the outside diameter of the pipe laid therein, and shall be excavated true to line, so that a clear space of not less than eight inches nor more than twelve inches in width is provided on each side of the pipe. The bottom of trenches shall be accurately graded to provide uniform bearing and support for each section of pipe on undisturbed soil or compacted bedding material at every point along it entire length, except for portions of the pipe sections where it is necessary to excavate for bell holes. Bell holes shall be excavated only to an extent sufficient to permit accurate work in the making of the joints and the ensure that the pipe, for a maximum of its length, will rest upon the prepared bottom of the trench. 4111-00E.SPC/69P/092994 .217 DS -02610-6 4. Excavation carried beyond or below grades specified by the ENGINEER shall be backfilled at the CONTRACTOR'S expense with earth, sand, gravel, or concrete, as directed by the ENGINEER and shall be thoroughly tamped. 5. The materials excavated shall be deposited on the side of the trenches and beyond the reach of slides, with the banks trimmed up so a little inconvenience as possible is made to public travel or tenants occupy adjoining property. 6. Sidewalks, roads, street, and pavements shall not be blocked or obstructed by excavated materials, except as authorized by the ENGINEER. In this case, adequate temporary provisions will be made for a satisfactory temporary passage of pedestrians and vehicles. Barriers, lights, flares and any other necessary warning devices shall be provided and maintained by the CONTRACTOR at all trenches, excavations and embankments at no additional compensation. 7. In case it is necessary to place excavated material adjacent to buildings, the CONTRACTOR shall erect barriers to keep the earth at least four feet from the front of such buildings. In case earth is deposited on grass plots, the CONTRACTOR shall remove it carefully when backfilling so as to not to destroy the grass. All trees, shrubs, etc., along the line of construction shall be reasonably protected. 8. The CONTRACTOR shall, without additional expense, provide suitable temporary channels for any water that may flow along or across the site of the Work. 9. Where the bottom of the trench is found to consists of material which is unstable to such a degree that, in the opinion of the ENGINEER, it cannot be removed and shaped to adequately support the pipe, the trench bottom shall be stabilized by the CONTRACTOR to the satisfaction of the ENGINEER. 10. When excavations exceed 5 feet in depth in order to comply with CS/HB 3183, Florida Trench Safety Act and OSHA Trench Safety Standards. A trench box or other approved means of worker protecton must be used. Measurement and payment shall be at the unti bid price for trench safety equpiment. C. Pipe Clearances in Rocks: 1. Bed rock, boulders and large stones shall be removed to provide a clearance of at least four inches below and on each side of all pipe, valves and fittings. Before the pipe is laid, all irregularities of the rock are to be filled with earth or sand well compacted into place, and the bottom of the trench brought to proper grade. 4111-00E.SPC/69P/092994 'Lig DS -02610-7 2. The specified minimum clearances are the minimum clear distances which will be permitted between any part of the pipe and appurtenances being laid and any part, projection or point of such rock, boulder or stone. D. Blasting: Blasting shall not be allowed. E. Bracing and Shoring: The CONTRACTOR shall do all bracing, sheathing and shoring necessary to perform and protect all excavations as indicated on the Drawings as required for safety, as directed by the ENGINEER, or to conform with all governing laws. F. Dewatering: The CONTRACTOR shall at all times during construction, provide and maintain ample means and devices with which to promptly remove and properly dispose of all water entering the trenches or excavations and keep said excavations dry until the structures to be built thereon are completed. No pipe joints shall be made in water. Contractor shall prevent empty lines from floating when dewatering is not in operation. Backfilling shall be done in a dewatered trench. G. Bedding and Base Fill: After pipe joints have been inspected and given preliminary approval, and sufficient time has elapsed for setting joints is necessary, backfilling shall be performed by hand, together with tamping, until fill has progressed to an elevation at least one foot above the top of the pipe. During this initial stage of backfilling, approved granular materials (where required) or loose soil free from lumps, muck, organic materials, clods, frozen materials or stone larger than two inches or other deleterious materials shall be deposited in layers or approximately six inches thick and compacted by hand, or with manually operated machine tampers actuated by compressed air, or other suitable means. Tamps and machines shall be suitable for the work, and subject to the approval of the ENGINEER. H. Backfilling: 1. The CONTRACTOR shall perform all backfilling that may be required for the installation of any and all parts of this Section. 2. Backfilling shall be performed in accordance with Section 430: Trenching, Backfilling and Compacting or as directed by the ENGINEER. I. Clean Up: The CONTRACTOR shall clean up and dispose of all excess excavation, material, trash, wood forms, and other debris and restore the job site to a condition acceptable to the Owner. Pipe laying operations shall not be permitted to extend excessive distances ahead of cleanup. Unless otherwise directed by the ENGINEER, cleanup activities shall not lag behind pipe installation by more than 500 feet. 4111-00E.SPC/69P/092994 �►q DS -02610-8 J. Plugs, Caps, Blind Flanges, Anchorage and Thrust Blocks: 1. Standard plugs shall be inserted into the bells of all deadend pipes, tees, or crosses; spigot ends shall be capped, flanged ends shall have suitable blind flanges. 2. Reaction or thrust blocks shall be applied on all pipe lines at all tees, plugs, caps, fire hydrants, and at bends deflecting 11-1/40 degrees or more. Thrust blocks shall be installed on any slopes exceeding 10 degrees from horizontal; using one block at least three cubic feet in volume for each successive three lengths of pipe on such slope. 3. Concrete reaction or thrust blocks shall have a 28 -day compressive strength of not less than 2,500 psi. The concrete mix shall consist of one part cement, two parts sand and five parts stone or gravel, by weight. Blocks will be poured between solid ground and the fitting. The concrete shall be so placed that pipe joints and fitting joints will be accessible for repair. The dimensions of concrete thrust blocks shall be as shown on the Drawings, but in no case less than two cubic feet in volume. K. Temporary Plugging: 1. Installed piping systems shall be temporarily plugged a the end of each day's work, in other interruption, to the progress on a given line. Plugging shall be installed in a manner satisfactory to the ENGINEER, and it shall be adequate to prevent entry of animals into the pipe or the entrance or insertion of deleterious materials. 2. Plugs installed for pressure testing shall be fully secured and blocked to withstand the test pressure. 3. Where plugging is required because of contract division or phasing for later connection, the ends of such lines shall be equipped with a permanent type plug or blind flange. Installation or removal of such plugging shall be considered incidental to the Work. L. Flanged Joints: Care shall be taken in bolting flanged joints that there is no restraint on the opposite end of the piece which would prevent pressure from being evenly and uniformly applied upon the gasket. The pipe or fitting must be free to move in any direction while bolting. Bolts shall be gradually tightened, each in turn, at a uniform rate of gasket compression around the entire flange. 4111-00E.SPC/69P/092994 220 DS -02610-9 M. Pipe Laying in Cinders: Where pipe must be laid through cinder fill, garbage dumps, slag piles, or where harmful corrosive conditions exist in the soil or backfill, special protection shall be provided for the pipe by the placing of sand or limestone screenings from a point 10 inches below the pipe to 10 inches above the pipe for the full width of the trench, adequately tamped to provide support for the pipe. Polyethylene encasement shall be used when called for by the ENGINEER. N. Turbidity Control: The CONTRACTOR shall take adequate precautions to minimize siltation and bank erosion in waterways. CONTRACTOR must control turbidity on work so that it does not exceed established background turbidity by more than 50 Jackson Units at a distance greater than 100 feet from the point of outfalls. This shall be done by the use of four turbidity screens suspended by floats or other methods approved by the ENGINEER. 0. Conformity with Permits and Regulations: The CONTRACTOR shall comply with all regulations, conditions and other requirements promulgated under these permits or by these or other governmental agencies having jurisdiction over the Work; the cost of all such compliance having been included in amounts bid and as shown in the Contract. P. Restrained Joints: 1. Restrained joints shall be provided as shown on the plans or as approved by the ENGINEER in lieu of the thrust -blocks. 2. Restrained joints shall be constructed using pipe and fittings with restrained "locked -type" joints and the joints shall be capable of holding against withdrawal for line pressures up to 150 psi. Megalug restraints as manufactured by EBBA Iron, Inc., may be used when approved by the ENGINEER to restrain fittings. 3. Restrained pipe joints that achieve restraint by incorporating cut sections in the wall of the pipe shall have a minimum wall thickness at the point of cut out that corresponds with the minimum specified wall thickness for the rest of the pipe. Q Coordination: The Contractor shall coordinate with Miami Dade Water and Sewer Department (WASD) for relocation and connection to their existing forcemain. Pump station schedules and flow requires shall be obtained from WASD. WASD inspectors shall inspect and direct the forcemain activities. 4111-00E.SPC/69P/092994 221 DS -02610-10 3.03 TESTS Pump station piping shall be tested for leaks. Any observable leaks shall be repaired. The forcemain replacement shall be pressure tested as per WASD requirements before connection to the existing forcemain. PART 4 - VALVES 4.01 VALVES Swing check valves four inches and larger shall have cast iron body, cast iron gate, bronze valve seat ring and gate ring, 150 psi working pressure, conforming to AWWA C508. The gate and all internal working parts shall be capable of being removed through the top of the valve by unbolting and removing the cover. The valves shall be furnished with an extended hinge pin and outside spring and lever. Swing check valves shall be as manufactured by Mueller Co., Golden Anderson, Pratt, or approved equal. 4.02 AIR VALVES Air release, air/vacuum, and combination air valves shall conform to AWWA C 512 latest edition. 4.03 DRESSER TYPE COUPLINGS A. Couplings shall be as manufactured by the Dresser Manufacturing Division or equal and of a style as specified on the drawings. B. The couplings shall be placed to evenly cover the ends of the pipe and tightened without damage to the gaskets or pipe coating. The nuts on all bolts shall be started and tightened evenly around the entire circumference of the pipe. No one nut shall be tightened more than '/1 turn tighter than the remainder of the nuts on the coupling. A '/4 inch space shall be left between the ends of the pipe. 4.04 GAUGES Gauges specified herein shall include pressure and vacuum gauges of the dial -indicating type with Bourdon tube or bellows pressure elements. Gauges shall be Ashcroft Models Duragauge and Quality Gauge as manufactured by Dresser Industries of Stratford, Connecticut; Helicoid Gauge Co., or equal. Gauges shall register 0 to 35 feet of head, atmospheric presure, glyseine filled. 4111-00E.SPC/69P/092994 2 Z 1 DS -02610-11 PART 5 - MEASUREMENT AND PAYMENT 5.01 Measurement and payment shall part of the lump sum for the pump station, including: piping, valves, valve boxes, structures, vaults, connections, site restoration, clean up, excavation, trenching, bedding and disposal and all appurtenances not covered on a separate bid item. Piping shall be free from leakage and shall maintain pressure during operation. Any leakage shall be repaired by the Contractor before acceptance. Payment shall be made under: Item No. 02610-1 Pump Station Complete - per lump sum 5.02 Measurement and payment for the 8 -inch forcemain shall be by the linear foot installed including: fittings, excavation, bedding, backfill, testing, and trench restoration. No separate payment shall be made for connections to the existing main; price shall be included in the pump station lump sum. Item No. 02732-1 Forcemain Relocation, PVC C900 DR 18 Pipe with Cast -Iron Fittings - per linear foot 4111-00E.SPC/69P/092994 7 Z3 DS -02610-12 SECTION NO. 11214 TURBINE PUMPS STORM DRAINAGE PUMPING SYSTEM PART 1 - GENERAL 1.01 WORK INCLUDED Furnish, install and test vertical turbine pump systems as shown on the Drawings and specified herein. 1.02 RELATED WORK Section 02219: Concrete Structures for Pump Stations Section 02610: Pipe and Pipe Fittings Section 16050: Electrical 1.03 REFERENCE STANDARDS A. Hydraulic Institute Standards - latest edition B. American Standards Association B58.1 - Standard Specifications for Discharge Column Pipe C. American Iron Steel Institute (AISI) C-1045 - Lineshaft Selection D. American Water Works Association (AWWA) E 101 E. National Fire Protection Association (NFPA) National Fire Code Section 20. 1.04 SUBMITTALS A. Submit catalogue pump and effluency curves with bid. Submit shop drawings in accordance with the Supplementary Conditions. B. Submit certification from factory service representative that equipment has been installed to manufacturer's recommendations and is ready for start-up. C. Submit certified pump curves, based on shop tests, for each pump, showing pump performance characteristics, specified operating points and NPSH curve. D. Submit Operation and Maintenance Manuals (4 sets). 4111-00E.SPC/69P/092994 224 DS -11214-1 PART 2 - PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS AND MINIMUM STANDARDS A. Manufacturers: • Aurora, 1160 Series, Propeller type, Model 16P, 880 RPM • Cascade 16P, 880 RPM B. Substitutions: Approved pumps of same function and performance are acceptable. 2 02 VERTICAL TURBINE PUMP A. These specifications direct attention to certain features of the pumping units, but do not purport to cover all the details of their design. The equipment furnished shall be designed and constructed to high -quality pumping equipment standards and shall have protective coatings and metallurgy suitable for brackish water operation. B. The capacities and other operational data are indicated in the pump parameter attached at the end of this section. C. All pumps shall be equipped with the necessary accessories including lifting attachments, lubricators and drainage connections. D. The equipment herein specified shall be of the standard pumping units of manufacturers having long experience in their field. All parts shall be designed and proportioned so as to have liberal strength, stability and stiffness. E. Statically and dynamically balance all rotating parts. F. All normal maintenance shall be permitted without breaking piping or motor connections. G. Pump connections shall be flanged, ANSI Class 125 lb flanges. H. The complete pumping units, consisting of drive, discharge head, and discharge column as required. Turbine -type bowl assembly and strainer shall be in accordance with these specifications. I. Complete assembly, including motor, shall be pre -assembled at the manufacturer's plant to assure proper fit. Equipment shall be shipped in largest sections permitted by carrier regulations. J. Metalurgy and protective coatings shall be for use in brackish waters. Steel pipe shall have an epoxy coating/lining 20 mils minimum thickness or as per manufacturer's recommendation. 4111-00E.SPC/69P/111594 2 -2. 5 DS -11214-2 K. NPSH shall not be exceeded at any point on the curve. L. Pumps shall have complete oil lubrication assembly with solenoid lube valve. 2.03 MATERIALS A. Discharge Head Assembly: 1. 36,000 psi or higher fabricated steel. Minimum safety factory 5 to 1. It shall form a suitable base for mounting the motor. 2. Head shaft shall conform to AWWA E101 requirements. 3. Head assembly shall be furnished to form leak -proof fit. Lifting lugs shall be provided. B. Column Assembly: 1. Lineshaft: a. Shall be 410 stainless steel furnished in equal length sections. Shall conform to AWWA E101 requirements. b. Butting faces shall be machined square to the axis of the shaft with angular misalignment of thread and shaft axis not exceeding 0.002 inches in six inches. c. Shaft enclosing tube shallconform to AWWA E101 requirements. d. Lineshaft bearings shall be suitable for intended service, and evenly spaced. They shall be mounted in bearing retainers held in position in the enclosing tube. Maximum spacing 5 feet. 2. Column: Standard I.D., full weight steel pipe of not less than 16" diameter, minimum thickness 0.25 inches. Pipe ends shall be machined squarely and the joints butted to ensure proper column alignment. Protective epoxy coatings and linings for brackish waters shall be provided. C. Pump Bowl Assembly: 1. Shall be of the same material as the discharge head, or cast iron, accurately machined. DS -11214-3 4111-00E.SPC/69P/111594 2Zb 2. Impellers shall be cast of bronze: a. Statically and dynamically balanced. b. Securely fastened to the shaft with spilt steel thrust collars, thrust ring retainers and shall be key locked. 3. Bowl shaft shall be stainless steel: a. Supported by bearings above and below each impeller. b. Conform to AWWA E1O1 requirements. D. Strainer shall be AISI type 316 stainless steel. 1. Net inlet area not less than four times the suction case inlet area. 2. It shall be securely bolted to the flared suction in at least four points. E. Bolts, nuts and washers shall be AISI type 316 stainless steel, of ample size. F. Stainless steel data plates with stainless steel fasteners, containing: 1. manufacturer's name 2. pump size and type 3. serial number 4. speed 5. impeller diameter 6. design capacity and head 7. other pertinent data 2.04 MOTOR APPURTENANCES A. Vertical B. As specified under Section 16050 or on plans C. Designed for exposure to weather PART 3 - EXECUTION 3.01 INSTALLATION A. By the Contractor in accordance with the manufacturer's drawings and instructions. 1. Installation shall include: a. Furnishing necessary oil and grease of initial operation. 4111-00E . SPC/69P/111594 DS -11214-4 227 b. 3.02 TESTING Tools, supplies and spare parts: (1) Furnish all special tools necessary to disassemble, service, repair and adjust the equipment. (2) Provide one years' supply of all recommended lubricants. (3) Complete set of packing for each pump, properly marked and packaged for storage. A. After installation of the pumping equipment, each pump shall be given a running test in the presence of the Engineer during which it shall demonstrate its ability to operate without vibration or overheating at the specified conditions. The Contractor shall demonstrate that all controls, floats, alarms, etc., are working properly. B. All defects revealed by or noted during the tests shall be corrected or equipment replaced promptly at no additional expense to the Owner. C. Contractor shall furnish all labor, piping, equipment and materials necessary for conducting the tests. D. In case the Contractor of the Engineer that service required, the remove and replace the is unable to demonstrate to the satisfaction the units will satisfactorily perform the units may be rejected. Contractor shall equipment at his own expense. 3 03 VERTICAL TURBINE. PROPELLER, OR MIXED FLOW TYPE #1 PUMP PARAMETERS A. B. C. D. E. F. G. H. I. J. K. Quantity Electrical Service Service Capacity Total Dynamic Head Minimum Efficiency Normal Head Operating Range Maximum NPSH Rel. @ Runout Maximum RPM Minimum Motor Horsepower Below Surface Discharge 1 240 V/3 Phase/60 Hz brackish stormwater 5,000 gpm 6 feet 80 percent at design point 3 to 13 feet 34 feet 1,200 rpm 15 HP 4111-00E.SPC/69P/111594 22' DS -11214-5 3.04 VERTICAL TURBINE. PROPELLER. OR MIXED FLOW TYPE #2 PUMP PARAMETERS A. B. C. D. E. F. G. H. I. J. K. Quantity Electrical Service Service Capacity Total Dynamic Head Normal Head Operating Range Minimum Efficiency Maximum NPSH Rel. @ Runout Maximum RPM Minimum Motor Horsepower Below Surface Discharge 3.07 VERTICAL TURBINE. PROPELLER. OR MIXED A. B. C. D. E. F. G. H. I. J. K. Quantity Electrical Service Service Capacity Total Dynamic Head Normal Head Operating Range Minimum Efficiency Maximum NPSH Rel. @ Runout Maximum RPM Minimum Motor Horsepower Below Surface Discharge 3.06 PUMP CONTROLS 1 240 V/3 Phase/60 Hz brackish stormwater 5,000 gpm 8 feet 3 to 14 feet 80 percent at design 34 feet 1,200 rpm 15 HP point FLOW TYPE #3 AND #4 PUMP PARAMETERS 2 240 V/3 Phase/60 Hz brackish stormwater 4,000 gpm 9 feet 3 to 15 feet 80 percent at design point 34 feet 1,200 rpm 15 HP The pumps shall be operated off a float system with a manual override. The pumps shall have a high-pressure warning light set at 16 feet of head at discharge, and automatic shut-off at 25 feet of head. Time delay relays shall be used to prevent rapid cycling due to surges. A lightening arrestor system shall be included with the pump controls. Pump on and off settings shall be adjustable. There shall be an automatic shut-off should street flooding reach the motors. PART 4 - MEASUREMENT AND PAYMENT 4.01 PUMPING SYSTEM Measurement and payment shall be on a lump sum basis for all work and materials for the entire pump station including electrical work, site piping, finish grading, valves, valve box structures, controls, panels, pads, concrete structures, clean up, site restoration, etc., except for the well assemblies which will be covered under a separate item. All step-down transformers, panels and other electrical work shall be included in this bid item. Payment shall be made under: Item No. 02610-1 Pump Station - per lump sum 4111-00E.SPC/69P/092994 -22. 9 DS -11214-6 SECTION 16050 ELECTRICAL PART 1 - GENERAL 1.01 SCOPE OF WORK A. Furnish all labor, materials, equipment and incidentals required for a complete electrical system for the Stormwater Pump Stations HC -1 and OL-1 for the Village of Key Biscayne as hereinafter specified and shown on the Drawings. B. The work, apparatus and materials which shall be furnished under these Specifications and accompanying Drawings shall include all items listed hereinafter and/or shown on the Drawings. Certain equipment which will require wiring thereto and/or complete installation is indicated. All materials necessary for the complete installation shall be furnished and installed by the CONTRACTOR to provide complete power, lighting, instrumentation, wiring and control systems as indicated on the Drawings and/or as specified herein. C. The CONTRACTOR shall furnish and install the necessary cables, motor controls, protective devices, conductors, supports, raceways, exterior electrical system, etc., to serve motor loads, lighting loads and miscellaneous electrical loads as indicated on the Drawings and/or as specified. The CONTRACTOR shall install the control panel and all miscellaneous control devices required. D. The work shall include complete testing of all equipment and wiring at the completion of the work and making any minor connection changes or adjustments necessary for the proper functioning of the system and equipment. All workmanship shall be of the highest quality; sub -standard work will be rejected. E. For process instrumentation furnish and install all conduit, wire and interconnections between primary elements, transmitters, local indicators and receivers. F It is the intent of these Specifications that the electrical system shall be suitable in every way for the service required. All material and all work which may be reasonably implied as being incidental to the work of this Section shall be furnished at no extra cost. 1.02 SERVICE AND METERING A. Permanent electrical power will be provided by the Florida Power & Light Company at voltages indicated on the drawings. The CONTRACTOR shall install a service riser pole, similar in construction to the Florida Power & Light pole adjacent to the Florida Power & Light service pole. The CONTRACTOR shall furnish and install the service riser pole, secondary conduit and wire from the service riser pole to the service entrance equipment. The CONTRACTOR is responsible for confirming this distance with the power company prior to bid time. 230 16050-1 1.03 CODES, INSPECTION AND FEES A. All material and installation shall be in accordance with the latest edition of the National Electrical Code and all applicable national, local and state codes, laws and ordinances. B. Pay all fees required for permits and inspections. 1.04 TESTS A. Test all systems and repair or replace all defective work. Make all necessary adjustments to the systems and instruct OWNER's personnel in the proper operation of the systems. B. The following minimum tests and checks shall be made prior to the energizing of electrical equipment. Test shall be by the CONTRACTOR and a certified test report shall be submitted providing all test results and stating that the equipment meets and operates in accordance with the MANUFACTURER's and job specifications, and that equipment and installation conforms to all applicable Standards and Specifications: 1. Testing of protective relays for calibration and proper operation. 2. Test all 600 volt wire insulation with a megohm meter after installation. Make tests at not less than 1000 volts. Submit a written test report of the results to the engineer. C. The ENGINEER shall be notified forty-eight (48) hours before tests are made to enable the OWNER to have designated personnel present. 1.05 RELATED WORK A. Excavation and backfilling for underground electrical work is included in Section 639 of the FDOT Specifications. B. Concrete work is shown on the Drawings. 1.06 SLEEVES AND FORMS FOR OPENINGS A. Provide and place all sleeves for conduits penetrating slabs, floors, walls, partitions, etc. Locate all necessary slots for electrical work and form before concrete is poured. Include all conduits shown as future. 1.07 CUTTING AND PATCHING A. All cutting and patching shall be done in a thoroughly workmanlike manner. 1.08 INTERPRETATION OF DRAWINGS A. The Drawings are not intended to show exact locations of conduit runs. B. All three-phase circuits shall be run in separate conduits unless otherwise shown on the Drawings. 231 16050-2 C. Unless otherwise approved by the ENGINEER conduit shown exposed shall be installed exposed; conduit shown concealed shall be installed concealed. D. Where circuits are shown as "home -runs" all necessary fittings and boxes shall be provided for a complete raceway installation. E. The CONTRACTOR shall harmonize the work of the different trades so that interferences between conduits, piping, equipment, architectural and structural work will be avoided. All necessary offsets shall be furnished so as to take up a minimum space and all such offsets, fittings, etc., required to accomplish this shall be furnished and installed by the CONTRACTOR without additional expense to the OWNER. In case interference develops, the OWNER's authorized representative is to decide which equipment, piping, etc., must be relocated, regardless of which was installed first. F. Verify with the ENGINEER the exact locations and mounting heights of lighting fixtures, switches and receptacles prior to installation. G. The locations of equipment, fixtures, outlets, and similar devices shown on the Drawings are approximate only. Exact locations shall be as approved by the ENGINEER during construction. Obtain in the field all information relevant to the placing of electrical work and in case of any interference with other work, proceed as directed by the ENGINEER and furnish all labor and materials necessary to complete the work in an approved manner. H. Surface mounted panel boxes, junction boxes, conduit, etc., shall be supported by spacers to provide a clearance between wall and equipment. Circuit layouts shown are not intended to show the number of fittings, or other installation details. Furnish all labor and materials necessary to install and place in satisfactory operation all power, lighting, and other electrical systems shown. Additional circuits shall be installed wherever needed to conform to the specific requirements of the equipment. J. The ratings of motors and other electrically operated devices together with the size shown for their branch circuit conductors and conduits are approximate only and are indicative of the probable power requirements insofar as they can be determined in advance of the purchase of equipment. K. All connections to equipment shall be made as shown, specified and directed and in accordance with the approved shop and setting drawings, regardless of the number of conductors shown on the Electrical Drawings. 1.09 RECORD DRAWINGS A. As the work progresses, legibly record all field changes on a set of project Contract Drawings. When the project is complete, furnish a complete set of reproducible "as -built" drawings for the Project Record Documents. 16050-3 23Z 1.10 SHOP DRAWINGS A. As specified under other Sections, shop drawings shall be submitted for approval for all materials, equipment, apparatus, and other items as required by the ENGINEER. B. The MANUFACTURER's name and product designation and catalog cutsheets shall be submitted for the following material: 1. Conduit, wire 2. Receptacles 3. Boxes and fittings 4. Switches 5. Lamps 6. Control relays 7. Control Panel 8. Starters, disconnects C. Prior to submittal by the CONTRACTOR, all shop drawings shall be checked for accuracy and contract requirements. Shop drawings shall bear the date checked and shall be accompanied by a statement that the shop drawings have been examined for conformity to Specifications and Drawings. This statement shall also list all discrepancies with the Specifications and Drawings. Shop drawings not so checked and noted shall be returned. D. The ENGINEER's check shall be only for conformance with the design concept of the project and compliance with the Specifications and Drawings. The responsibility of, or the necessity of, furnishing materials and workmanship required by the Specifications and Drawings which may not be indicated on the shop drawings is included under the work of this Section. E. The responsibility for all dimensions to be confirmed and correlated at the job site and for coordination of this work with the work of all other trades is also included under the work of this Section. F. No material shall be ordered or shop work started until the ENGINEER's approval of shop drawings has been given. 1.11 WARRANTY A. Provide a warranty for all the electrical equipment in accordance with the requirements of other Sections. Under no circumstances shall the warranty be for less than one year starting from substantial completion. PART 2 - PRODUCTS 2.01 GENERAL A. The materials used in all systems shall be new, unused and as hereinafter specified. All materials where not specified shall be of the very best of their respective kinds. Samples of 233 16050-4 materials or MANUFACTURER's specifications shall be submitted for approval as required by the ENGINEER. B. Materials and equipment used shall be Underwriters Laboratories, Inc. listed and conform with applicable standards of NEMA and ANSI. C. Electrical equipment shall at all times during construction be adequately protected against mechanical injury or damage by water. Electrical equipment shall not be stored out-of-doors. Electrical equipment shall be stored in dry permanent shelters. If any apparatus has been damaged, such damage shall be repaired by the CONTRACTOR at his own cost and expense. If any apparatus has been subject to possible injury by water, it shall be thoroughly dried out and put through such special tests as directed by the ENGINEER, at the cost and expense of the CONTRACTOR, or shall be replaced by the CONTRACTOR at his own expense. D. All electrical panels, enclosures, raceways, conduits, wireways, boxes, cabinets, etc., shall be fabricated of metal. Nonmetallic substitutes are not acceptable. This does not apply to buried work. 2.02 RACEWAYS AND FITTINGS A. Above ground raceways installed outdoors shall be hot -dipped galvanized rigid steel (GRS) conduit with Underwriters' approval unless noted otherwise. All conduit fittings shall be zinc coated threaded type, of Appleton, Crouse Hinds, Pyle National, Thomas & Betts, or approved equal manufacture. All conduits shall be made up tight and no running threads will be permitted, "Erickson" couplings being used wherever necessary. Where conduit is cut, the inside edge shall be reamed smooth to prevent injury to conductors. Underground conduits and conduits installed in the motor and valve boxes shall be schedule 80 PVC. 2.03 CONDUCTORS A. Conductors shall be copper. Power circuits shall have 600 volt PVC insulation (Underwriters' approved Type THHN). Conductors shall be color coded in accordance with the N.E.C. B. All motor controls, remote indicating lights, alarm circuits and metering loops shall be wired with #14 stranded copper conductors. Insulation shall be PVC. C. All shielded instrumentation cable shall be 2/c #16 shielded with 300 volt insultation and PVC outer jacket. 2.04 MOTORS A General 1. Unless otherwise noted, all motors shall operate on 230 volt, 3 -phase, 60 cycle, A.C. power. Motors shall be provided with the corresponding equipment specified in other 16050-5 2.314 Sections of the Specifications and as required by the drawings and these specifications. B. Qualifications 1. Motor shall be sufficient size for the duty to be performed and shall not exceed their full -rated load when the driven equipment is operating at specified capacity. Unless otherwise noted, motors driving pumps shall not be overloaded at any head or discharge condition of the pump. C. Submittals 1. The motor manufacturer shall submit to the Engineer as provided in other Sections, certified dimension prints showing nameplate data and outline dimensions within three weeks of the date they receive the order. 2. Guarantee: All equipment furnished and installed under this Section shall be guaranteed against defects of workmanship, materials and improper installation for a period of one year from date of acceptance. All such equipment or parts proven defective, due to the above noted causes, shall be replaced in the machines by the Contractor at no expense to the Owner. 3. Provide equipment warranty in accordance with other sections. D. Three Phase Induction Motors 1. Motors 15 HP and larger shall have a 120 -volt space heater for moisture control. 2. Premimum efficiency motors are required on all equipment. Nominal efficiency shall be as defined by NEMA, IEEE 112 Test Method B. The following minimum motor efficiences are required: TABLE 1 MOTOR HP MINIMUM EFFICIENCY MOTOR HP MINIMUM EFFICIENCY 1-2 84.0% 30 92.4% 3-5 86.5% 40-50 93.0% 7.5 89.5% 60 93.6% 10 90.2% 75-100 94.1% 15 91.0% 125-150 94.5% 20-25 92.0% 200 95.0% 16050-6 23S E. Construction 1. General: a. All dripproof and weather protected Type I motors shall have epoxy encapsulated windings. Totally enclosed motors shall not be encapsulated. Motors not readily available with encapsulated windings may be standard type. Motors exposed to the outside atmosphere shall be TEFC type unless otherwise specified. b. Squirrel -cage rotors shall be made from high-grade steel laminations adequately fastened together and to the shaft, or shall be cast aluminum or bar -type construction with brazed end rings. F. Low Voltage, Three Phase Motors: 1. Motors shall be of the squirrel -cage type. Horizontal, vertical solid shaft, vertical hollow shaft, normal thrust and high thrust types shall be furnished as called for on the Drawings or as specified herein. All motors shall be built in accordance with current NEMA, IEEE, ANSI and AFBMA standards where applicable. Motors shall be of the type and quality described by these Specifications, fully capable of performing in accordance with manufacturer's nameplate rating, and free from defective material and workmanship. 2. Motors shall have normal or high starting torque (as required), low starting current (not to exceed 600 percent full load current), and low slip. 3. All motors shall have a 1.15 service factor minimum. 4. Outdoor motors shall be suitable for operation in moist air with hydrogen sulfide gas present. 5. The output shaft shall be suitable for direct connection or belt drive as required. 6. Motors shall have a Class B nonhygroscopic insulation system. Class F insulation may be used but shall be limited to Class B temperature rise. 7. All motors shall have a final coating of chemical resistant corrosion and fungus protective epoxy fortified enamel finish sprayed over red primer over all interior and exterior surfaces. Stator bore and rotor of all motors shall be epoxy coated. 8. All fittings, bolts, nuts, and screws shall be plated to resist corrosion. Bolts and nuts shall have hex heads. 9. All machine surfaces shall be coated with rust inhibiter for easy disassembly. 10. Conduit boxes shall be gasketed. Lead wires between motor frame and conduit box shall be gasketed. 236 16050-7 11. Totally enclosed motors shall be provided with condensate drain hole and epoxy coated motor windings to protect against moisture. 12. Nameplates shall be stainless steel. Lifting lugs or "0" type bolts shall be supplied on all frames 254T and larger. Enclosures will have stainless steel screen and motors shall be protected for corrosion, fungus and insects. 13. Low voltage, three phase motors shall be manufactured by General Electric, U.S. Motors, Baldor or Reliance Electric. 2.05 MISCELLANEOUS EQUIPMENT A. Disconnect Switches: 1. Fusible and non -fusible disconnect switches shall be heavy-duty, NEMA type H., quick -make, visible blades, 600 volt, 3 -pole with full cover interlock. All current carrying parts shall be copper. 2. Where disconnects are called for on the Drawings, the CONTRACTOR shall provide a 480V, 3 pole, non -fusible switch in a NEMA 4, stainless steel enclosure with copper lugs. 3. Switches shall be horsepower rated as manufactured by General Electric, or approved equal. 2.06 PUMP CONTROL PANEL A. Construction: 1. The electrical control equipment shall be mounted within a NEMA Type 3R, dead front enclosure, constructed of not less than 14 -gauge stainless steel. The enclosure shall be equipped with a door and shall incorporate a removable back panel on which control components shall be mounted. Back panel shall be secured to enclosure with collar studs. B. Components: 1. All motor branch circuit breakers, motor starter and control relays shall be of highest industrial quality, securely fastened to the removal back panels with screws and lock washers. Back panels shall be tapped to accept all mounting screws. Self -tapping screws shall not be used to mount any component. 2. A magnetic air circuit breaker, Type KA as manufactured by Square D Company, or approved equal, shall be furnished for the pump motor. Circuit breaker shall be adjustable. Circuit breaker shall be adequately sized to meet the pump motor and station operating conditions. 237 16050-8 3. A mechanical disconnect mechanism shall be installed on each circuit breaker to provide a means of disconnecting power to the pump motor. 4. An open frame, across -the -line, NEMA rated, magnetic motor starter, as manufactured by Allen-Bradley Company, or approved equal, shall be furnished for the pump motor. Motor starter shall be equipped to provide under -voltage release and overload protection on all three (3) phases. Motor starter contacts shall be easily replaceable without removing the motor starter from its mounted position. Overload reset pushbuttons shall be located on the exterior of the control compartment doors. 5. Control relays shall be plug-in type with contacts rated at 300 VAC, 10 amperes, noninductive. Time delay relays shall be electric type. C. Operating Controls and Instruments: 1. All operating controls and instruments shall be securely mounted on the control compartment door. All controls and instruments shall be clearly labeled to indicate function. 2. Pump mode selector switch shall be Hand -Off -Auto type to permit override of automatic level control and manual actuation of shutdown of pump motor. Operation of pump in manual mode shall bypass all safety shutdown circuits except pump motor overload shutdown. Switches shall be oil -tight, as manufactured by Allen-Bradley, or approved equal, providing three (3) switch positions, each of which shall be clearly labeled according to function. Separate indicator lamps, which shall operate at 120 volts input, shall be provided mounted above H.O.A. selector switches. Lamps shall be easily replaceable from the front of control compartment door without removing switch modules from their mounted positions. 3. Indicator lamps shall be mounted in oil -tight modules, as manufactured by Allen- Bradley, or approved equal. Lamp modules shall be equipped to operate at 120 volt input. Lamps shall be easily replaceable from the front of the control compartment door without removing lamp module from its mounted position. 4. A six (6) digit, nonreset elapsed time meter shall be connected to the motor starter to indicate the total running time of the pump in "hours" and "tenth of hours". The elapsed time meter shall be Bulletin 705, HK Series as manufactured by Eagle Signal or approved equal. D. Phase Monitor: 1. The 3 -phase power monitor shall measure the main incoming power to the control panel. The monitor shall be a UL recognized component capable of detecting loss of phase, phase reversal, and low voltage on any phase. It shall feature an adjustable voltage range between -15% to +25% of the service voltage, with an adjustable trip delay from 2 to 20 seconds. 2. Reset shall be automatic. 23S 16050-9 3. Monitors shall be diversified electronics model "SLA". E. Boxes and Covers: 1. Boxes and covers shall be bolted together and gasketed. 2. Conduit openings shall be tapped. 3. Doors shall have a vault handle and 3 -point catch, interlocked with circuit breaker. Door hinges shall be concealed. Two (2) keys shall be supplied for each lock. All locks shall be keyed alike; directory frame and card having a transparent cover shall be furnished on each door. 4. Covers shall have a keyed switch for acknowledging authorized entry and resetting alarm. F. Manufacturer: 1. Control Panel shall be manufactured by C.C. Controls, West Palm Beach, Florida or approved equal. G. Installation: 1. Unless otherwise noted on the Drawings, top of cabinets shall be mounted on the motor house, properly aligned and adequately supported independently of the connecting raceways. 2. All wiring in the control panel shall be neatly formed, grouped, and identified to provide a neat and orderly appearance. 3. All nameplates shall be properly secured. PART 3 - EXECUTION 3.01 CONDUIT INSTALLATION A. Where conduits enter or leave all outlet boxes, cabinets safety switches, tap boxes, motor controllers, etc., other than those having threaded hubs, myers hubs shall be used on the outside of the box. Busings 1 -inch and larger shall be of an approved insulated type. Unless otherwise indicated, conduit 2 -inches and larger shall be supported at intervals not exceeding twelve (12) feet and for smaller sizes at intervals not exceeding eight (8) feet. B. During construction, all installed raceways shall be temporarily plugged or otherwise protected from the entrance of moisture, dirt, trash, plaster, moisture, etc., through neglect of the CONTRACTOR to so protect them, shall be replaced by the CONTRACTOR without additional expense to the OWNER. No kinked, clogged or deformed raceways will be permitted on the job. Raceways shall be cut to proper length so that ends will fit accurately 239 16050-10 in the outlets. Where raceways cross building expansion joints, a suitable raceway expansion fitting shall be used. C. Size of raceway shall not be less than N.E.C. requirements, but in no case shall be less than indicated on the Drawings. Combining of circuits, other than detailed, will not be permitted. The CONTRACTOR shall install larger size raceways than detailed where there is excessive length of unbroken run or excessive number of bends. D. Bends in metallic raceways shall be made while "cold" and in no case shall the raceways be heated. Raceways shall not be bent through more than 90 degrees. The radius of bends shall not be less than six (6) times the internal diameter of the raceway. Not more than four (4) (equivalent 90 degrees) bends will be permitted between outlets, the bends at the outlets being counted. E. Raceways shall be properly aligned, grouped and supported. Exposed raceways shall be installed at the right angles to or parallel to the principal structural members. Concealed raceways, unless otherwise indicated, may take the most direct route between outlets. Raceways shall be firmly held in place. Raceways shall run to avoid trapping wherever possible. Where areas are indicated for future openings, foundations, etc., all raceways shall be run around such areas. The CONTRACTOR shall provide necessary inserts in poured concrete areas and shall furnish and install all necessary sleeves through walls, floors and roofs for passage of raceways. Sleeves through roofs and/or exterior walls shall be properly sealed by the CONTRACTOR against entrance of moisture, etc., into the building. Where necessary repairs to the building structure using material in no way inferior to that originally installed and using labor skilled in the trades involved. 3.02 BOXES A. Install all outlet boxes, tap, junction or pull boxes, device boxes, etc., necessary for the complete installation as indicated on the Drawing and/or specified herein. All boxes shall be rigidly mounted and shall be equipped with suitable screw fastened covers. Where necessary for boxes to be supported away from the ceiling, structural steel members shall be provided for supports. All raceways entering boxes shall be mechanically and electrically secure. Open knock -outs or holes in boxes shall be plugged with suitable blanking devices. Boxes shall be cleared of all plaster, dirt, trash, etc., before the installation of any wiring devices and/or before the installation of cover plates. 3.03 CONDUCTORS A. Splices, taps and attachments of fittings and lugs shall be electrically and mechanically secure. Approved solderless lugs and connectors shall be sued for all conductors with 2 -bolt type being used for sized No. 4/0 and larger. There shall be plenty of slack cable in boxes, outlets and cabinets to insure that there is no binding at the bushings. All lugs shall be of the correct sizes for the conductor in order to fit the conductor into a lug. Taping of joints shall be either with Scotch electrical tape or varnished cambric tape and friction tape to secure insulation strength equal to that of the conductors joined. 240 16050-11 B. Splices or joints with friction tape outer covering in conductors of size No. 4 AWG or larger shall have three (3) coats of suitable insulating varnish point applied over tape. Conductors shall be color coded in accordance with N.E.C. 3.04 GROUNDING A. The entire electrical system shall be completely and effectively grounded as required by the N.E.C. and as specified hereinafter. B. All metallic raceways shall be mechanically and electrically secure at all joints and at all boxes, cabinets, fittings and equipment. Metallic raceways entering the motor control center control panels or other electrical boxes shall be grounded to the appropriate ground bus. All metallic raceways shall be electrically continuous throughout the entire conduit system. Bond wires shall be used in exterior concrete pull boxes. C. The ground plane shall consist of a minimum of 3-5/8" x 10' copper ground rods spaced at least 10' apart. Rods and system ground shall be connected with a #2 copper ground to the service entrance ground. The ground resistance shall be tested and additional rods or plates added to achieve a dry season resistance not exceeding 5 ohms. 3.05 INSTALLATION OF MOTORS A. The CONTRACTOR shall megger each motor winding before energizing the motor and, if insulation resistance is found to be low, shall notify the ENGINEER and shall not energize the motor. The following table, based on AIEE formula, gives minimum acceptable insulation resistance in megohms at various temperatures and for various voltages with readings being taken after one (1) minute of megger test run. Degree Winding Temperature Voltage °F. °C. 115V 230V 460V 37 3.9 60 108 210 50 10 32 60 120 68 20 13 26 50 86 30 5.6 11 21 104 45 2.4 4.5 8.8 122 50 1 2 3.7 140 60 .5 .85 1.6 B. The CONTRACTOR shall check all motors for correct clearances and alignment and for correct lubrication, and shall lubricate if require in accordance with MANUFACTURER's instructions. The CONTRACTOR shall check direction of rotation of all motors and reverse connections if necessary. t 16050-12 C. Installation 1. Motor Connections: All motors shall be connected to the conduit system by means of a short section 18 -inch minimum of flexible conduit unless otherwise indicated. For motor connections of No. 6 A.W.G. and small wire size, the CONTRACTOR shall furnish flexible conduit with an approved grounding conductor inside the flexible section. For motor connections of No. 4 A.W.G. or larger wire size, the CONTRACTOR shall install a grounding conductor in the conduit and terminate at the motor control center with an approved grounding clamp. D. Tests and Checks 1. All motors shall be given the standard short commercial test prior to shipment. This shall consist of no load current, check current balance, winding resistance, air gap measurement, high potential tests and bearing inspection. Copies of the certified short commercial test shall be provided to the Engineer, if requested, prior to shipment. 3.06 CONDUCTOR COLOR CODING A. All conductors shall be color coded as specified hereinafter. Color coding shall be by means of colored insulation material, colored braid or jacket over the insulation, or by means of suitable colored permanent, non -aging insulation tape equal to Scotch #471 or "Texcel 98" applied to conductors at each outlet, cabinet or junction point. B. The following system of color coding shall be strictly adhered to: 1. Ground leads, green. 2. Grounded neutral leads, white. 3. Ungrounded phase wires of a delta connected 120/240 volt, 3 -phase, 4 -wire system, black, red and blue (high leg). 4. All control leads, other than line connected "hot" leads, shall be yellow, orange and brown and/or I.P.C.E.A. standard control cable coding provided method of identification is different from method used on power conductors. C. The color coding assigned to each phase wire shall be consistently followed throughout the Work. 3.07 SUPPORTS A. The CONTRACTOR shall furnish and install all necessary supports for properly mounting all electrical equipment and raceways. Such supports shall be fabricated and installed in a neat and workmanlike manner, and care shall be taken that at no time shall any portion of the building structure be overloaded. Should the building structure sustain damage through carelessness or through failure of the CONTRACTOR to properly support and install the 2_ 2- 16050-13 electrical equipment, the CONTRACTOR shall bear all costs involved in repairing or replacing such installation. B. All steel shapes exposed to the weather shall be galvanized after all cutting, drilling, and/or welding is done. All shop connections shall be welded or riveted and all field connections shall be bolted on all outdoor structures. Where the field cutting or drilling of galvanized steel is necessary, the CONTRACTOR shall apply one (1) coat of priming paint and one (1) finish coat of aluminum and oil paint. PART 4 - MEASUREMENT AND PAYMENT Measurement and payment shall be included in the lump sum basis for the pump station bid item. This payment shall be for complete electrical systems for Stormwater Pump Stations HC -1 and OL-1 including all materials necessary to provide complete power, lighting, instrumentation, wiring, and control systems as indicated on the drawings and specified herein. Payment shall be included under: Item No. 02610-1 Pump Station - per lump sum END OF SECTION 293 16050-14 Geotechnical Engineering Study X44 REPORT OF A GEOTECHNICAL EXPLORATION HOLIDAY COLONY PUMP STATIONS OCEAN LANE DRIVE AND EAST HEATHER DRIVE KEY BISCAYNE, FLORIDA FTE PROJECT NO. 940836 PREPARED FOR: MS. LINDA BELL WILLIAMS, HATFIELD & STONER 3191 CORAL WAY, SUITE 804 MIAMI, FLORIDA 33145 OCTOBER, 1994 FLORIDA TESTING AND ENGINEERING, INC. 877 N.W. 61st Street Fort Lauderdale, FL 33309 Tel: (305) 938-4400 Fax: (305) 938-8900 GES-1 "2._4 5 im M MIIIF Est 1959 FLORIDA TESTING & ENGINEERING, INC. October 18, 1994 Ms. Linda Bell Williams, Hatfield & Stoner - Dade Office P. O. Box 6875 Clearwater, Florida 34618 Subject: Report of a Geotechnical Exploration Holiday Colony Pump Stations Ocean Lane Drive / East Heather Drive Key Biscayne, Florida FTE Project No. 940836 Dear Ms. Bell: Florida Testing and Engineering, Inc. (FTE) has performed a geotechnical exploration for the Holiday Colony Pump Stations to be located at the east end of Ocean Lane Drive and on the south side of East Heather Drive, at the end of Atlantic Road, in Key Biscayne, Florida. The purpose of this exploration was to obtain information concerning the site and subsurface conditions in order to evaluate the general site preparation requirements and foundation design alternatives for support of the planned construction. 1.0 PROJECT INFORMATION Project information was provided by the client. It is our understanding that there will be two below grade pump stations installed, one at the east end of Ocean Lane Drive, the other on the south side of East Heather Drive, at the end of Atlantic Drive. Both pump stations will consist of two structures: a pump box and a valve box. The pump box will rest on a 10 foot by 10 foot slab. The dimensions of the valve box slab are unavailable, however, assumed to be equivalent. Based on information provided by the client, the bottom of foundation elevations for the structures are on the order of 14 feet below the existing grade. Currently, the sites are vacant, undeveloped, and covered by grass. Detailed structural loads have not been provided to us at this time, however, we have assumed the total load of the structures will not exceed 250 kips. Vito Page 1 Project No. 940836 GES — 2 r -• I A 4 1 rl .4 nnnnn 1netr% nnfl •Inn CAV /9ft\ n']O Onnn 2.0 SUBSURFACE EXPLORATION In order to explore the subsurface conditions in the area of the planned construction, two (2) Standard Penetration Test (SPT) borings were drilled to a depth 25 of feet below existing grade. The locations of the borings were selected by the client, one (1) boring at each pump station location. 3.0 GENERAL SUBSURFACE CONDITIONS 3.1 General An illustrated representation of the subsurface conditions encountered in the proposed construction area is shown on the Test Boring Records presented in the Appendix. The soil conditions outlined below highlight the major subsurface stratification. The Test Boring Records should be consulted for a detailed description of the subsurface conditions encountered at each boring location. When reviewing the boring records, it should be understood that soil conditions may vary outside these locations. 3.2 Subsurface Conditions Generally, the borings revealed the subsurface conditions consisted of very loose brown sand with some silt and a trace of root (topsoil) from the ground surface to a maximum depth of approximately two feet. Below the topsoil, loose to medium -dense gray medium fine sand was encountered to a depth of approximately eighteen feet. Medium -dense to dense light gray to tan silty sands with some limestone was then encountered to twenty-five feet, the maximum depth explored. The groundwater level was measured at the boring locations at the time of drilling. The groundwater level was encountered at an approximate depth of three and one-half feet below the existing ground surface. Fluctuation in the observed groundwater levels should be expected due to seasonal climatic changes, construction activity, rainfall variations, surface water runoff, and other site specific factors. 4.0 GENERAL FOUNDATION RECOMMENDATIONS The following recommendations are based on the previously presented project information and structural conditions along with the data obtained in the exploration. If the project information is incorrect or the location of the structures changes, please contact us so that our recommendations can be reviewed. The discovery of any site and/or subsurface conditions during construction which deviates from the data obtained in this exploration should also be reported to us for our evaluation. Page 2 Project No. 940836 Z47 GES-3 Est 1959 FLORIDA TESTING & ENGINEERING, INC. 4.1 Foundation Design Once the recommended site preparation procedures are implemented, we consider the site suitable for support of the proposed pump stations on a mat foundation system. The foundations may bear on compacted acceptable existing soils or compacted structural fills. The footings may be designed using an allowable soil bearing pressure of 2500 pounds per square foot (psf). Where the foundations bear on compacted existing soils or compacted structural fill, a density equivalent to at least 95 percent of the Modified Proctor (ASTM D-1557) maximum dry density should be obtained to a depth of twelve inches below the foundation bearing level soils. 4.2 Settlement Evaluation We have compared the field test data obtained in this exploration with our experience of similar structures and empirical relationships for bearing and settlement. Using a bearing pressure on the order of 2500 psf, we have estimated that the total settlement of the structures will be less than one inch. Differential settlements should be approximately one-half of the total settlement. This settlement should occur almost immediately upon the application of the dead load during construction. 4.3 Site Preparation Because the bottom of the foundations are on the order of 10 feet below the water table, dewatering will be necessary. We recommend dewatering to a minimum depth of 3 feet below the bottom of foundation elevation. Structural fill, as required, may be placed in lifts not exceeding 12 inches in loose thickness. Each lift should be thoroughly compacted with a vibratory roller until densities equivalent to at least 95 percent of the Modified Proctor (ASTM D-1557) maximum dry density are uniformly obtained. Structural fill should consist of inorganic non -plastic, granular soil containing less than 10 percent material passing the No. 200 mesh sieve or a crushed limerock with a 3 -inch maximum particle size with a Unified Soil Classification of GP, GW, SP, SW, GW-GM, GP -GM, SW-SM, or SP-SM. Densities equivalent to at least 95 percent of the Modified Proctor (ASTM D-1557) maximum dry density should be uniformly obtained to a depth of at least 12 inches below the compacted surface. Page 3 Project No. 940836 211E GES-4 FIME Est 1959 FLORIDA TESTING & ENGINEERING. INC. 4.4 General Construction Monitoring and Testing Guidelines Prior to initiating compaction operations, we recommend that representative samples of the structural fill material to be used and acceptable in -place soils be collected and tested to determine their compaction and classification characteristics. The maximum dry density, optimum moisture content, gradation and plasticity characteristics should be determined. These tests are needed for compaction quality control of the structural fill and existing soils and to determine if the fill material is acceptable. A representative number of in -place field density tests should be performed in the compacted existing soils and in each lift of structural fill or backfill to confirm that the required degree of compaction has been obtained. In -place density tests should also be performed at representative locations in the bearing level soils in the footing excavation bottoms. We recommend that at least one density test be performed for each pump station. Page 4 Project No. 940836 GES - 5 2' -I 9 FM Est 1959 FLORIDA TESTING A ENGINEERING, INC. CLOSURE We appreciate the opportunity to provide these services for you. If we can be of further assistance, or if you need additional information, please feel free to contact us. Sincerely, FLORIDA TESTING & ENGINEERING, INC. Am4,16,_ 27C;4(Q:% Brendan S. O'Brien, E.I. Project Engineer Distribution: Addressee (2) File (1) Appendix: Figure 1 - Site Plan Test Boring Records i:\smart\geotech\9410\940836.sam William K. Francis; P.E. Director, Field Services Dept. Fla. Registration No. -47562 750 Page 5 Project No. 9408.36 GE S — 6 FTE Est 1959 FLORIDA TESTING & ENGINEERING, INC. TEST BORING RECORD Est. 1909 877 N.W. 61st Street Fort Lauderdale, FL 33309 R.cRDA1EST NG & Hl(iINEEANEL INC. (305) 938-4400 PROJECT NUMBER: 940836 BOREHOLE NUMBER: B- 1 EQUIPMENT & METHODS: Dietrich 050 Hollow Auger CLIENT/OWNER: Williams, Hatfield & Stoner -Dade Office PROJECT/LOCATION: Holiday Colony Pump Stations Ocean Lane Drive/East Heather Drive GROUND LEVEL (ft.): COORDINATES: DATE: Oct. 14, 1994 x a. a 0 ELEVATIONIft) 0 5- 10- 15- 20— H 25J 30— M SAMPLE TYPE a z MATERIAL DESCRIPTION i z TEST RESULTS !— z V o: i N z U. PL W(%) LL X Standard Penetration Teat 10 20 30 40 50 60 70 80 90 Very LOOSE brown medium fine SAND x 4 LOOSE to medium dense grey medium fine SAND 2 Medium DENSE light grey silty SAND L Medium DENSE light grey medium fine = SAND with some LIMESTONE s I I X' 22' Boring terminated at 25.0' REMARKS: 3" grass & organics at surface DRILLED BY: Hill STARTED: 10/10/94 LOGGED BY: David Cottrell COMPLETED: 10/10/94 CHECKED BY: APPROVED BY: SHEET 1 OF 1 2St GES-7 TEST BORING RECORD RE en. ,969 FLORIDA TESTING A ENOINEERNG. NC. 877 N.W. 61st Street Fort Lauderdale, FL 33309 (305) 938-4400 PROJECT NUMBER: 940836 BOREHOLE NUMBER: B- 2 EQUIPMENT & METHODS: Dietrich 050 Hollow Auger CLIENT/OWNER: `Williams, Hatfield & Stoner -Dade Office PROJECT/LOCATION: Holiday Colony Pump Stations Ocean Lane Drive/East Heather Drive a- a 0 ELEVATIONItt) 0- 5H 10- 15- 20- 25 i j 30-1 GROUND LEVEL (ft.): COORDINATES: DATE: Oct. 14, 1.994 MATERIAL DESCRIPTION TEST RESULTS 1- z U Q W a y z LL PL W(%) LL f-----o-----t X Standard Penetration Teat 10 20 30 40 50 60 70 80 90 Very LOOSE dark brown silty SAND with trace of organics x 4 LOOSE grey fine SAND 7 -r Medium DENSE grey medium fine SAND with some LIMESTONE 25 —� DENSE light tan silty SAND with some i LIMESTONE Boring terminated at 25.0' REMARKS: DRILLED BY: Hill STARTED: 10/10/94 LOGGED BY: David Cottrell COMPLETED: 10/10/94 CHECKED BY: APPROVED BY: SHEET 1 OF 1 25 GES-8 CERTIFICATE OF INSURANCE PRODUCER ACORDIA OF SOUTH FLORIDA, INC. P. O. BOX 2490 BOCA RATON, FL 33427-2490 PHONE4O7-241-1177 03/14/95 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. COMPANIES AFFORDING COVERAGE INSURED LANZO CONSTRUCTION CO, FLORIDA 1900 NW 44 STREET POMPANO BEACH, FL 33064 > COVERAGES < COMPANY LETTER A ASSOCIATED BUSINESS & COMMERCE COMPANY LETTER B COMPANY LETTER C COMPANY LETTER I) COMPANY LETTER E THIS IS TO CERTIFY THAT 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 TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF DATE POLICY EXP DATE LIABILITY LIMITS IN THOUSANDS EACH OCC AGGREGATE GENERAL LIABILITY [ ] COMPREHENSIVE FORM [ ] PREMISES/OPERATIONS [ I UNDERGROUND EXPLOSION & COLLAPSE HAZARD I ] PRODUCTS/COMPLETED OPER [ ] CONTRACTUAL I ] INDEPENDENT CONTRACTORS I ] BROAD FORM PROPERTY DAMAGE [ ] PERSONAL INJURY I] BODILY INJURY PROPERTY DAMAGE BI & PD COMBINED PERSONAL INJURY AUTOMOBILE LIAB [ ] ANY AUTO I ] ALL OWNED AUTOS(PRIV PASS) [ ] ALL OWNED AUTOS(OTHER THAN PRIV PASS) [ ] HIRED AUTOS [ ] NON -OWNED AUTOS [ ] GARAGE LIABILITY I] BODILY INJURY (PER PERS) BODILY INJURY (PER ACC) PROPERTY DAMAGE BI & PD COMBINED EXCESS LIABILITY [ ] UMBRELLA FORM [ ] OTHER THAN UMBRELLA FORM BI & PD COMBINED WORKERS' COMP AND EMPLOYERS' LIAB B-01534-01 01/01/95 12/31/95 STATUTORY 500 EACH ACC 500 DISEASE -POLICY LIMIT 500 DISEASE -EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE: CONTRACT # SW -01, SW -02 SW 03 HOLIDAY COLONY / OCEAN LANE / SUNRISE DRIVES STORMWATER IMPROVEMENTS PLANS > CERTIFICATE HOLDER < > CANCELLATION < VILLAGE OF KEY BISCAYNE 85 W. McINTYRE STREET KEY BISCAYNE, FL 33149 = SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- = PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 = DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT = FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF = ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ACORD 25 (8/84) AUTHORIZED REPRESENTATI� %' e. .. ISSUE DATE (MM/DD/YY) AOORI® AID411:110 CERTIFICATE :'F::INSURANCE . : .. .: : 'RODUCER • : 03/15/95 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 VALENTI,TROBEC,CHANDLER,SCHURR POLICIES BELOW. P.O. BOX 4960 TROY NSURED MI 48098- LANZO CONSTRUCTION COMPANY 1900 NW 44TH STREET POMPANO BEACH FL 33064 COMPANY A LLIIEH COMPANY B LEVER COMPANY G. LEI IEH COMPANY D LEIIEH COMPANY E LETTER COMPANIES AFFORDING COVERAGE RELIANCE INS CO OF IL (SR HOME INS. CO. (SR) NATIONAL CASUALTY (SR) :OVERAGES : • B • • • THIS IS TO CERTIFY THAT 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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY SJ2666903 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR OWNER'S & CONTRACTOR'S PROT X XCU COVERAGE X CONTRACTUAL AUTOMOBILE LIABILITY X ANY AUTO X ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY X UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY OTHER PROPERTY, ALL RISK DEDUCTIBLE: $10,000 WIND STORM: $50,000 BAC123268 UM0021291 EP1911262 POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) DATE (MM/DD/YY) 09/30/94 09/30/95 09/30/94 09/30/95 09/30/94 09/30/94 LIMITS GENERAL AGGREGATE PRODUCTS-COMP/OP AGG. PERSONAL & ADV. INJURY EACH OCCURRENCE FIRE DAMAGE (My one fire) S S S S S MED. EXPENSE (My one person) S COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE 09/30/95 EACH OCCURRENCE 09/30/95 AGGREGATE STATUTORY LIMITS EACH ACCIDENT DISEASE - POLICY LIMIT DISEASE - EACH EMPLOYEE S S $ S S S S S S 2000000 1000000 1000000 1000000 50000 5000 1000000 7000000 7000000 ROJEC :HN OUR Y COLONY OCEAN�LAAN AND SUNRISE DRIVES,STORMWATER IMPROVEMENT PLANS, VILLAGE OF KEY BISCAYNE 3W—01,SW-02,SW-03 CONTRACT AMOUNT: $1,975,104.00 "SEE ATTACHMENT "A" FOR ADDITIONAL INSUREDS" :ERTIRCATE HOLDER VILLAGE OF KEY BISCAYNE 85 WEST McINTYRE STREET KEY BISCAYNE FL CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILLS; ({( MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AUTHORIZED REPRESENTATIVE k -CORD 254 WWI AACORO- CORPORATION 1990 ATTACHMENT "A" VILLAGE OF KEY BISCAYNE (OWNER) AND WILLIAMS, HATFIELD & STONER, INC.(ENGINEERS) AND THEIR OFFICERS AND EMPLOYEES ARE ADDITIONAL INSUREDS UNDER THE GENERAL LIABILITY IN RESPECTS TO PROJECT: HOLIDAY COLONY, OCEAN LANE AND SUNRISE DRIVES, STORMWATER INPROVEMENT PLANS, VILLAGE OF KEY BISCAYNE. OWNERS CONTRACT NO.: SW -01 (HOLIDAY), SW -02 (OCEAN LANE) & SW -03 (SUNRISE LANE) ENGINEERS PROJECT NO.: 4111.00 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 019 a 16 This Power.of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts mutual insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint, GUS E. ZERVOS, JULIA E. SMITH, ANGELO G. ZERVOS, ALAN W. PETERSON, STEPHEN M. ZERVOS, ALL OTHE CITY OF SOUTHFIELD, STATE OF MICHIGAN vi a) C CL0 Q) a) 3 its CD 0 N h. O a) O rn d a) C a) tC A U C d 7 c) , each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FIFTEEN MILLION *DOLLARS ($ 15,000, 000 ********** each, and the execution of such bonds or undertakings, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons That this power is made and executed pursuant to and by authority of the following By-law and Authorization ARTICLE XVI - Execution of Contracts Section 5 Surety Bonds and Undertakings. The president or a vice president or an assistant vice president authorized for that purpose in writing by the president and the secretary or an assistant secretary authorized for that purpose in writing by the president, subject to such limitations as the board may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the company by their signature and execution of any such instruments and to attach thereto the seal of the company either by an impression of the seal or by the attachment of a seal of paper or other similar substance bearing a facsimile impression of the seal When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the president has authorized the officers named therein to appoint attorneys -in -fact Pursuant to Article XVI, Section 5 of the By-laws, Vice President H. Robert Schielke, together with Assistant Secretary Garnet W Elliott, are hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 15th day of SEPTEMBER , 19 94 By H Robert Schielke, Vi dent COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY SS LIBERTY MUTUAL INSURANCE COMPANY By Garnet W Elliott, Assistant Secretary On this 15th day of SEPTEMBER A D 19 n'A before me, a Notary Public, personally came the individual, known to me to be the therein described individual and officer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled- ged that he executed the same artrt.t lat the seal affixed to the said preceding instrument is the corporate seal of said Company; and that said corporate seal and his signature 9tfbsertbbd thero-was duly affixed and subscribed to the said instrument by authority and direction of the said Company IN TESTIMONY WHEREOF, I hereunto set my hand and affix my official seal at Plymoui i Meeting, P,l�, the day and year first above written Notary Public CERTIFICATE I, the undersigned,AsSi`starnt Secretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and cb'rrect copy, is in full force and effect on the date of this certificate, and I do further certify that the officer who executed the said power of attorney was one of the officers specially authorized by the board to appoint any attorney -in -fact as provided in Article XVI, Section 5 of the By-laws of the Liberty Mutual Insurance Company This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of the Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980 VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon h certified copy of any power of attorney issued by the company, shall be valid and binding upon the company with the same force and effect as though manually affixed • IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this '" day of ,19 >. m 0 co a) C y z C Ca C O v yNW C O . QM 154 La • c O c a, O O C =a .� a) >sa a)0 .cN E E O o0 o I—' Assistant Secretary rule ormico nF ATTrIONFV IIMAV NAT RP IICFII TA FYFf I ITF ANV Rf1Nn WITH AN INr PPTIAN r1ATF AFTFR v ., I"\••••••11,11". ... 19 .... " Florida Department of Environmental Protection Lawton Chiles Governor JUL 2 0 1995 CERTIFIED MAIL RETURN RECEIPT REQUESTED Southeast District P.O. Box 15425 West Palm Beach, Florida 33416 NOTICE OF PERMIT Dade County UC UC 13-269468 Virginia B. Wetherell Secretary Mr. C. Samuel Kissinger Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, FL 33149 Dear Mr. Kissinger: Enclosed is Permit Number UC 13-269468, to construct six (6) Class V, Group 5, stormwater drainage wells, issued pursuant to Chapter 403, Florida Statutes. A person whose substantial interests are affected by this permit may petition for an administrative proceeding (hearing) in accordance with Section 120.57, Florida Statutes. The petition must contain the information set forth below and must be filed (received) in the Office of General Counsel of the Department at 2600 Blair Stone Road, Tallahassee 32399-2400, within fourteen (14) days of receipt of this Permit. Petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. Failure to file a petition within that time period shall constitute a waiver of any right such person may have to request an administrative determination (hearing) pursuant to Section 120.57, Florida Statutes. The petition shall contain the following information: (a) The name, address, and telephone number of each petitioner, the applicant's name and address, the Department Permit File Number and the county in which the project is proposed; (b) A statement of how and when each petitioner received notice of the Department's action or proposed action; (c) A statement of how each petitioner's substantial interests are affected by the Department's action or proposed action; (d) A statement of the material facts disputed by Petitioner, if any; (e) A statement of facts which petitioner contends warrant reversal or modification of the Department's action or proposed action; (f) A statement of which rules or statutes petitioner contends require reversal or modification of the Department's action or proposed action; and (g) A statement of the relief sought by petitioner, stating precisely the action petitioner wants the Department to take with respect to the Department's action or proposed action. If a petition is filed, the administrative hearing process is designed to formulate agency action. Accordingly, the Department's final action may be different from the position taken by it in this Notice. Persons whose substantial interests will be affected by any decision of the Department with regard to the application have the right to petition to become a party to the proceeding. The petition must conform to the requirements specified above and be filed (received) within 14 days of publication of this notice in the Office of General Counsel at the above address of the Department. Failure to petition within the allowed time frame constitutes a waiver of any right such person has to request a hearing under Section 120.57, F.S., and to participate as a party to this proceeding. Any subsequent intervention will only be at the approval of the presiding officer upon motion filed pursuant to Rule 28-5.207, F.A.C. This permit is final and effective on the date filed in accordance with the above paragraphs or unless a request for extension of time in which to file a petition is filed within the time specified for filing a petition and conforms to Rule 62-103.070, F.A.C. Upon timely filing of a petition or a request for an extension of time this permit will not be effective until further Order of the Department. Printed on re, yi led paper " " Mr. C. Samuel Kissinger Village Manager Village of Key Biscayne Page 2 When the Order (Permit) is final, any party to the Order has the right to seek judicial review of the Order pursuant to Section 120.168, Florida Statutes, by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 Days from the date the Final Order is filed with the Clerk of the Department. Executed in West Palm Beach, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Carlos Rivero-deAgui1 r Director of Distric anagement Southeast District P. O. Box 15425 West Palm Beach, FL 33416 407/433-2650 CRA/ ms Cop es furnished to: Richard Deuerling, FDEP/TLH Bill Gallo, DERM Steve Anderson, SFWMD Eugene Friedlander, Jaffer Associates, Ltd. Linda M. Bell, P.E., Williams, Hatfield and Stoner CERTIFICATE OF SERVICE This is to certify that this NO CFya9,F .& IT and all copies were mailed before the close of business on v !i to the listed persons. FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to the 5120.52, Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. C erk C Date Lawton Chiles Governor Florida Department of Environmental Protection PERMITTEE: Mr. C. Samuel Kissinger Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, FL 33149 Southeast District P.O. Box 15425 West Palm Beach, Florida 33416 Virginia B. Wetherell Secretary I.D. NUMBER: 5013M07053 PERMIT NUMBER: mc 13-269468 DATE OF ISSUE: JUL 2 0 1995 EXPIRATION DATE: Jury 31, 1996 COUNTY: Dade LATITUDE/LONGITUDE: 25°41'59"N/80°09'39"W PROJECT: Holiday Colony This permit is issued under the provisions of Chapter 403, Florida Statutes, and Florida Administrative Code Rule 62-528. The above named permittee is hereby authorized to perform the work or operate the facility shown on the application and approved drawing(s), plans, and other documents attached hereto or on file with the Department and made a part hereof and specifically described as follows: TO CONSTRUCT: Six (6) Class V, Group 5, stormwater drainage wells. IN ACCORDANCE WITH: Application DER Form 17-1.209(1) together with calculations and drawings received and entered April 19, 1995. DRAINAGE WELL LOCATION: Holiday Colony at Ocean Lane and Sunrise Drive in Key Biscayne, Florida. DRAINAGE WELL DIMENSION: Twenty-four (24) inch diameter, each well. The depth of the wells shall be in accordance with specific condition number 4 of this permit. DRILLER: Mr. Eugene C. Friedlander, Florida License No. 11033. TO SERVE AS: Stormwater drainage wells. SUBJECT TO: General Conditions 1-23 and Specific Conditions 1-15. DER Form 17-1.201(5) Effective November 30, 1982 Page 1 of 7 Printed on reer' led paper " " GENERAL CONDITIONS: The following General Conditions are referenced in Florida Administrative Code Rule 62-620.610. 1. The terms, conditions, requirements, limitations and restrictions set forth in this permit are binding and enforceable pursuant to Chapter 403, Florida Statutes. Any permit noncompliance constitutes a violation of Chapter 403, Florida Statutes, and is grounds for enforcement action, permit termination, permit revocation and reissuance, or permit revision. 2. This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviations from the approved drawings, exhibits, specifications or conditions of this permit constitutes grounds for revocation and enforcement action by the Department. 3. As provided in Subsection 403.087(6), F.S., the issuance of this permit does not convey any vested rights or any exclusive privileges. Neither does it authorize any in)ury to public or private property or any invasion of personal rights, nor authorize any infringement of federal, state, or local laws or regulations. This permit is not a waiver of or approval of any other Department permit or authorization that may be required for other aspects of the total project which are not addressed in this permit. 4. This permit conveys no title to land or water, does not constitute state recognition or acknowledgment of title, and does not constitute authority for the use of submerged lands unless herein provided and the necessary title or leasehold interests have been obtained from the State. Only the Trustees of the Internal Improvement Trust Fund may express State opinion as to title. 5. This permit does not relieve the permittee from liability and penalties for harm or injury to human health or welfare, animal or plant life, or property caused by the construction or operation of this permitted source; nor does it allow the permittee to cause pollution in contravention of Florida Statutes and Department rules, unless specifically authorized by an order from the Department. The permittee shall take all reasonable steps to minimize or prevent any discharge, reuse of reclaimed water, or residuals use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. 6. If the permittee wishes to continue an activity regulated by this permit after its expiration date, the permittee shall apply for and obtain a new permit. 7. The permittee shall at all times properly operate and maintain the facility and systems of treatment and control, and related appurtenances, that are installed and used by the permittee to achieve compliance with the conditions of this permit. This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to maintain or achieve compliance with the conditions of the permit. 8. This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request b' the permittee for a permit revision, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 9. The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel, including an authorized representative of the Department and authorized EPA personnel, when applicable, upon presentation of credentials or other documents as may be required by law, and at reasonable times, depending upon the nature of the concern being investigated, to: a. Enter upon the permittee's premises where a regulated facility, system, or activity is located or conducted, or where records shall be kept under the conditions of this permit; b. Have access to and copy any records that shall be kept under the conditions of this permit; c. Inspect the facilities, equipment, practices, or operations regulated or required under this permit; and d. Sample or monitor any substances or parameters at any location necessary to assure compliance with this permit or Department rules. Page 2 of 7 " " GENERAL CONDITIONS: 10. In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data, and other information relating to the construction or operation of this permitted source which are submitted to the Department may be used by the Department as evidence in any enforcement case involving the permitted source arising under the Florida Statutes or Department rules, except as such use is proscried by Section 403.111, Florida Statutes, or Rule 62- 620.302, Florida Administrative Code. Such evidence shall only be used to the extent that it is consistent with the Florida Rules of Civil Procedure and applicable evidentiary rules. 11. When requested by the Department, the permittee shall within a reasonable time provide any information required by law which is needed to determine whether there is cause for revising, revoking and reissuing, or terminating this permit, or to determine compliance with the permit. The permittee shall also provide to the Department upon request copies of records required by this permit to be kept. If the permittee becomes aware of relevant facts that were not submitted or were incorrect in the permit application or in any report to the Department, such facts or information shall be promptly submitted or corrections promptly reported to the Department. 12. Unless specifically stated otherwise in Department rules, the permittee, in accepting this permit, agrees to comply with changes in Department rules and Florida Statutes after a reasonable time for compliance; provided, however, the permittee does not waive any other rights granted by Florida Statutes or Department rules. A reasonable time for compliance with a new or amended surface water quality standard, other than those standards addressed in Rule 62-302.500, F.A.C., shall include a reasonable time to obtain or be denied a mixing zone for the new or amended standard. 13. The permittee, in accepting this permit, agrees to pay the applicable regulatory program and surveillance fee in accordance with Rule 62-4.052, F.A.C. 14. This permit is transferable only upon Department approval in accordance with Rule 62-620.340, F.A.C. The permittee shall be liable for any noncompliance of the permitted activity until the transfer is approved by the Department. 15. The permittee shall give the Department written notice at least 60 days before inactivation or abandonment of a wastewater facility and shall specify what steps will be taken to safeguard public health and safety during and following inactivation or abandonment. 16. The permittee shall apply for a revision to the Department permit in accordance with Rules 62-620.300, 62-620.420 or 62-620.450, F.A.C., as applicable, at least 90 days before construction of any planned substantial modifications to the permitted facility is to commence or with Rule 62-620.300 for minor modifications to the permitted facility. A revised permit shall be obtained before construction begins except as provided in Rule 62-620.300, F.A.C. 17. The permittee shall give advance notice to the Department of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. The permittee shall be responsible for any and all damages which may result from the changes and may be subject to enforcement action by the Department for penalties or revocation of this permit. The notice shall include the following information: a. A description of the anticipated noncompliance; b. The period of the anticipated noncompliance, including dates and times; and c. Steps being taken to prevent future occurrence of the noncompliance. 18. Sampling and monitoring data shall be collected and analyzed in accordance with Rule 62-4.246, Chapters 62-160 and 62-601, F.A.C., and 40 CFR 136, as appropriate. a. Monitoring results shall be reported at the intervals specified elsewhere in this permit and shall be reported on a Discharge Monitoring Report (DMR), DEP Form 62-620.910(10). b. If the permittee monitors any contaminate more frequently than required by the permit, using Department approved test procedures, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. Page 3 of 7 " " GENERAL CONDITIONS: c. Calculations for all limitations which require averaging of measurements shall use an arithmetic mean unless otherwise specified in this permit. d. Any laboratory test required by this permit for domestic wastewater facilities shall be performed by a laboratory that has been certified by the Department of Health and Rehabilitative Services (DHRS) under Chapter 10D41, F.A.C., to perform the test. On -site tests for dissolved oxygen, pH, and total chlorine residual shall be performed by a laboratory certified to test for those parameters or under the direction of an operator certified under Chapter 61E12-41, F.A.C. e. Under Chapter 62-160, F.A.C., sample collection shall be performed by following the protocols outlined in "DER Standard Operating Procedures for Laboratory Operations and Sample Collection Activities" (DER -QA -001/92). Alternatively, sample collection may be performed by an organization who has an approved Comprehensive Quality Assurance Plan (CompQAP) on file with the Department. The CompQAP shall be approved for collection of samples from the required matrices and for the required tests. 19. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule detailed elsewhere in this permit shall be submitted no later than 14 days following each schedule date. 20. The permittee shall report to the Department any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee becomes aware of the circumstances. A written submission shall also be provided within five days of the time the permittee becomes aware of the circumstances. The written submission shall contain: a description of the noncompliance and its cause; the period of noncompliance including exact dates and time, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance. a. The following shall be included as information which must be reported within 24 hours under this condition: 1. Any unanticipated bypass which causes any reclaimed water or effluent to exceed any permit limitation or results in an unpermitted discharge, 2. Any upset which causes any reclaimed water or the effluent to exceed any limitation in the permit, 3. Violation of a maximum daily discharge limitation for any of the pollutants specifically listed in the permit for such notice, and 4. Any unauthorized discharge to surface or ground waters. b. If the oral report has been received within 24 hours, the noncompliance has been corrected, and the noncompliance did not endanger health or the environment, the Department shall waive the written report. 21. The permittee shall report all instances of noncompliance not reported under Permit Conditions IX. 18. and 19. of this permit at the time monitoring reports are submitted. This report shall contain the same information required by Permit Condition IX. 20 of this permit. 22. Bypass Provisions. a. Bypass is prohibited, and the Department may take enforcement action against a permittee for bypass, unless the permittee affirmatively demonstrates that: 1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; and Page 4 of 7 GENERAL CONDITIONS: 2. There were no feasible alternatives to thb bypass, such as the use of auxiliary treatment facilities{ retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and 3. The permittee submitted notices as required under Permit Condition IX. 22. b. of this permit. b. If the permittee knows in advance of the need for a bypass, it shall submit prior notice to the Department, if possible at least 10 days before the date of the bypass. The permittee shall submit notice of an unanticipated bypass within 24 hours of learning about the bypass as required in Permit Condition IX. 20. of this permit. A notice shall include a description of the bypass and its cause; the period of the bypass, including exact dates and times; if the bypass has not been corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass. c. The Department shall approve an anticipated bypass, after considering its adverse effect, if the permittee demonstrates that it will meet the three conditions listed in Permit Condition IX. 22. a. 1. through 3. of this permit. d. A permittee may allow any bypass to occur which does not cause reclaimed water or effluent limitations to be exceeded if it is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Permit Condition IX. 22. a. through c. of this permit. 23. Upset Provisions a. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed contemporaneous operating logs, or other relevant evidence that: 1. An upset occurred and that the permittee can identify the cause(s) of the upset; 2. The permitted facility was at the time being properly operated; 3. The permittee submitted notice of the upset as required in Permit Condition IX. 20. of this permit; and 4. The permittee complied with any remedial measures required under Permit Condition IX. 5. of this permit. b. In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof. c. Before an enforcement proceeding is instituted, no representation made during the Department review of a claim that noncompliance was caused by an upset is final agency action subject to judicial review. Page 5 of 7 " " PERMITTEE: Mr. C. Samuel Kissinger Village Manager Village of Key Biscayne SPECIFIC CONDITIONS: Z.D. NUMBER: 5013M07053 PERMIT NUMBER: jeE 1202E��!468 DATE OF ISSUE: [`, EXPIRATION DATE: July 31, 1996 1. The certified well driller shall develop the wells and submit a Certification of Class V Well Construction Completion, DER Form 17-1.209(2) and a Well Completion Report, DER Form 17-1.213(2) for each well completed. These forms shall be submitted to the Department within fifteen (15) days after completion of each well. 2. The wells shall be constructed in accordance with the plans and specifications submitted to the Department by Mr. >, Florida License No. >. 3. During the period of construction whenever there is an interruption in work on a well, such as overnight shutdown, the well shall be sealed with a tamper resistant cover. 4. The construction of each well shall be such that the casing penetrates a zone containing a minimum of 10,000 mg/L Total Dissolved Solids. 5. After construction of each well, a bar screen seal having a mesh no larger than 1.5 inches will be securely attached to the top of the well, to prevent the introduction of foreign materials. 6. Within fifteen (15) days after each well has been constructed and tested, a one time analysis of the ground water shall be submitted to the Department. The analysis shall consist of a test for Total Dissolved Solids. 7. In accordance with Rule 62-532.500(3)(a)4. Any well temporarily out of service shall be capped in a watertight manner with a welded cover. 8. A well casing when installed in a predrilled hole, must be grouted from the bottom of the well casing to the land surface. The depth of grouting and the number of sacks of cement used must be shown on the Well Completion Report. An "Authorization to Use" the Class V wells will be issued upon the receipt of statements showing: Satisfactory completion of Specific Conditions (l through 8]; Certification that the wells have been completed in accordance with the approved construction plan; and any other documentation relating to the project. Upon issuance of the "Authorization to Use" the following Specific Conditions shall be met. 9. Each Class V, Group 5 Well is authorized to be used for disposal of stormwater only. 10. Allowing fluids other than those permitted into the disposal wells will be considered a violation of this permit and shall constitute cause for permit revocation and possible enforcement action for water quality violations. 11. The permittee or designated operator of the Class V drainage system shall at all times properly maintain the system, methods of treatment and control in such a manner that efficient operation of the system is maintained at all times. 12. The permittee or designated operator shall make an inspection on a regular basis to insure free flow capability through basins, drains and wells. All debris, e.g. leaves, sand, branches and oil, found should be removed and disposed of in a proper manner. The Department must be notified of any repair that requires the replacement or alteration of any part of the system. 13. If for any reason, the owner or operator does not comply, or will be unable to comply, with any condition or limitation specified in this authorization, he or she shall notify the Department. 14. When requested by the Department, the owner shall within a reasonable time furnish any information required by law which is needed to determine compliance with this authorization. Page 6 of 7 DER Form 17-1.201(5) Effective November 30, 1982 " " PERMITTEE: Mr. C. Samuel Kissinger Village Manager Village of Key Biscayne I.D. NUMBER: 5013M07053 PERMIT NUMBER: ��6��4��8 DATE OF ISSUE: ouL EXPIRATION DATE: July 31, 1996 15. In accordance with F.A.C. Rule 62-528.645(1), the owner of a Class V well shall apply for a Plugging and Abandonment Permit, DER Form 17-1.209(5), when the well is no longer usable for its intended purpose. The application shall include the justification for abandonment and the proposed plugging plan. Issued this day of SP) STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (:?, /' Carlos Rivero-deA9uilar Director of District Management Southeast District Page 7 of 7 DER Form 17-1.201(5) Effective November 30, 1982 , 1995