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HomeMy WebLinkAbout2012-051C MW.,.- , 03 / aa / r a 8r6 . LAGOON GREENWAY - PHASE IIA CONSTRUCTION AGREEMENT oZ O a - O ..-o THIS AGREEMENT made and entered into this qday of t1ZL:.w 2012 , by and between Safety & Environmental Systems, Inc . , hereinafter called the CONTRACTOR , and Indian River County, herein called the OWNER . WITNESSED : That whereas , the OWNER and the CONTRACTOR for the consideration hereinafter named , agree as set forth below : Article 1 . SCOPE OF WORK As per specifications of the Contract Documents for Indian River Lagoon Greenway - Phase IIA prepared by Knight. McGuire & Associates , Inc . for the Indian River Land Trust, in partnership with OWNER , such Contract Documents attached as Exhibit A to this Agreement, and in accordance with the following estimated col; �tructiou costs ( per CONTRACTOR ' S bid ) ; Lagoon Greenway Phase IIA Bid Items Item Description Unit Quanti _ Amount 1 Mobilization / Survey LS Job _ $ 7 , 134 . 00 Section B - B Boardwalk IT 93 $ 19 , 995 . 00 13 Section C-C Boardwalk I, F 55 $ 12 , 417 . 00 L4 Section C -C Handrail _ LF 55 _$ 31987 . 00 5 Environmental Site Controls ( silt LS .lob $ 1 , 300 . 00 fence, floating turbidity barriers , etc . ) 6 4 ' Trail Construction LF 900 $ 1 , 830 . 00 7 10 ' Trail Construction LF 1 190 $ 263 ? . 00 Grand Total $49 , 301 . 00 CONTRACTOR , as an independent CONTRACTOR and not as an employee , shall furnish , for the sum of Forty Nine Thousand Three Hundred One and 00/ 100 Dollars ($49, 301 . 00) , all of the necessary labor, material , and equipment to perform the work described in accordance with the Contract Documents . Article 2 . TIME OF COMPLETION Time of completion shall be 50 Days from receipt of the Notice to Proceed . Article 3 . GENERAL The CONTRACTOR hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made ; and shall complete the same the time limit specified herein in accordance with the plans and specifications . - l - 03 LAGOON GREENWAY — PHASE IIA g CONSTRUCTION AGREEMENT co 01a — OS 1 & THIS AGREEMENT made and entered into this t��� day of _ hizzv , 2012 , by and between Safety & Environmental Systems, Inc . , hereinafter called the CONTRACTOR, and Indian River County, herein called the OWNER . WITNESSED : That whereas , the OWNER and the CONTRACTOR for the consideration hereinafter named , agree as set forth below : Article 1 . SCOPE OF WORK As per specifications of the Contract Documents for Indian River I , agoon Greenway — Phase IIA prepared by Knight . McGuire & Associates , Inc . for the Indian River I.. and "Trust, in partnership with OWNER , such Contract Documents attached as Exhibit A to this Agreement, and in accordance with the following estimated c071strllction costs ( put (.' ONTRACTOR ' S bid ) ; Lagoon Greenway Phase IIA Bid Items Item Description _ Unit Quantity Amount - - --- 1 Mobilization / Survey LS Job $ 7 , 134 . 00 2Section B - B Boardwalk I . F 93 $ 19 , 995 . 00 13 - Section C- C Boardwalk LF 55 $ 121417 . 00 4 Section C-C Handrail _ LF 55 _ $ 3 , 987 . 00 5 Environmental Site Controls ( silt LS Job $ 1 , 300 . 00 Fence , floating turbidity barriers , etc . ) _ 6 4 ' Trail Construction LF 900 _ $ 1 , 830 . 00 7 10 Trail Construction LF -$ 2637 , x0 _. Grand Total $49, 301 . 00 CONTRACTOR, as an independent CONTRACTOR and not as an employee , shall furnish, for the sum of Forty Nine Thousand Three Hundred One and 00/ 100 Dollars ($49 , 301 . 00) , all of the necessary labor, material , and equipment to perform the work described in accordance with the Contract Documents , Article 2 . TIME OF COMPLETION Time of completion shall be 60 Days from receipt of the Notice to Proceed . Article 3 . GENERAL The CONTRACTOR hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made ; and shall complete the same the time limit specified herein in accordance with the plans and specifications . - 1 - 03 / ate / � a 8V6 . LAGOON GREENWAY — PHASE IIA CONSTRUCTION AGREEMENT a 1 ' S A THIS AGREEMENT made and entered into this qday of M 2012 , by and between Safety & Environmental Systems , Inc . , hereinafter called the CONTRACTOR , and Indian River County, herein called the OWNER . WITNESSED : That whereas , the OWNER and the CONTRACTOR for the consideration hereinafter named . agree as set forth below : Article 1 . SCOPE OF WORK As per specifications of the Contract Documents for Indian River Lagoon Greenway Phase IIA prepared by Knight. McGuire & Associates , Inc . for the Indian River Land frust, in partnership with OWNER , such Contract Documents attached as Exhibit A to this Agreement , and in accordance with the following estimated ConArudtion Costs ( per C' ONTRACTOR ' S bid) ; _ Lagoon Greenway Phase IIA Bid Items Item Description _ Tlnit Quantity Amount 1 Mobilization / Surve LS Job $7 , 134 . 00 2 Section B - B Boardwalk IT 93 $ 19 , 996 . 00 C3 Section C - C Boardwalk LF 55 _ $ 12 ,417 . 00 4 Section C - C Handrail LF 55 $ 3 , 987 . 00 5 Environmental Site Controls ( silt LS .lob $ 1 , 300 . 00 fence , floating turbidity barriers , etc .) 6 4 ' "Frail Construction LF 900 $ 1 , 830 . 00 - - 7 10 ' Trail Construction LF 1 190 $ 2637 . 0 Grand Total $49 , 301 . 00 CONTRACTOR , as an independent CONTRACTOR and not as an employee , shall furnish , for the sum of Forty Nine Thousand Three Hundred One and 00/ 100 Dollars ( $49, 301 . 00 ), all of the necessary labor, material , and equipment to perform the work described in accordance with the Contract Documents . Article 2 . TIME OF COMPLETION Time of completion shall be 60 Days from receipt of the Notice to Proceed . Article 3 . GENERAL The CONTRACTOR hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made; and shall complete the same the time limit specified herein in accordance with the plans and specifications . - 1 - The OWNER and CONTRACTOR agree to maintain records , invoices , and payments for the work . The CONTRACTOR shall provide Performance Bonds for all work in this Agreement . All work under this Contract shall be done to the satisfaction of the OWNER, who shall in all cases determine the amount, quality, fitness , and acceptability of the several kinds of work and materials which are to be paid for hereunder, and shall decide all questions which may arise as to fulfillment of the Contract on the part of the CONTRACTOR, and his decision thereon shall be final and conclusive ; and such determination and decision , in case any question shall arise, shall be a condition precedent to the right of the CONTRACTOR to receive any money hereunder . Any clause or section of this contract or specification which may for any reason be declared invalid by a court of competent jurisdiction , including appeal , if any, may be eliminated therefrom ; and the intent of this Contract and the remaining portion thereof will remain in full force and effect as though such invalid clause or section has not been incorporated therein . Article 4 . QUANTITIES AND PRICES The Owner shall pay the CONTRACTOR for all work included and completed in accordance with this Contract , based on the items of work set forth in the CONTRACTOR ' S Bid Form . Article 5 . ACCEPTANCE AND FINAL PAYMENT When the work provided for under this contract has been completed , in accordance with the terms thereof, that a lump sum payment request in the amount of such work shall be prepared by the CONTRACTOR, and tiled with the OWNER within fifteen days after the date of completion . The final estimate shall be accompanied by a Certificate of Acceptance issued by the ENGINEER , stating that the work has been completed to his satisfaction , in compliance with the Contract . The Certificate of' Acceptance shall not be issued until completed As - built drawings of the actual construction have been furnished to the OWNER and verified . In accordance with the Florida Prompt Payment Act, after receipt of the ENGINEER ' S final acceptance by the OWNER, the OWNER shall make payment to the CONTRACTOR in the full amount . PAYMENT of the lump sum amount and acceptance of such payment by the CONTRACTOR shall release the OWNER from all claims or liabilities to the CONTRACTOR in connection with this Contract. Article 6 . THE CONTRACT DOCUMENTS The General Conditions, Special Conditions , Specifications, Bid Documents, Insurance Requirements ( Exhibit A), Bonds , and the Drawings, together with this Agreement, form the Contract, and are fully a part of this Contract as if included herein . Article 7. VENUE This agreement shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or in the event of federal jurisdiction , in the United States District Court for the Southern District of Florida . - 2 - The OWNER and CONTRACTOR agree to maintain records , invoices , and payments for the work . The CONTRACTOR shall provide Performance Bonds for all work in this Agreement . All work under this Contract shall be done to the satisfaction of the OWNER, who shall in all cases determine the amount, quality, fitness , and acceptability of the several kinds of work and materials which are to be paid for hereunder, and shall decide all questions which may arise as to fulfillment of the Contract on the part of the CONTRACTOR, and his decision thereon shall be final and conclusive ; and such determination and decision , in case any question shall arise, shall be a condition precedent to the right of the CONTRACTOR to receive any money hereunder . Any clause or section of this contract or specification which may for any reason be declared invalid by a court of competent jurisdiction , including appeal , if any, may be eliminated therefrom ; and the intent of this Contract and the remaining portion thereof will remain in full force and effect as though such invalid clause or section has not been incorporated therein . Article 4 . QUANTITIES AND PRICES The Owner shall pay the CONTRACTOR for all work included and completed in accordance with this Contract , based on the items of work set forth in the CONTRACTOR ' S Bid Form . Article 5 . ACCEPTANCE AND FINAL PAYMENT When the work provided for under this contract has been completed , in accordance with the terms thereof, that a lump sum payment request in the amount of such work shall be prepared by the CONTRACTOR, and tiled with the OWNER within fifteen days after the date of completion . The final estimate shall be accompanied by a Certificate of Acceptance issued by the ENGINEER , stating that the work has been completed to his satisfaction , in compliance with the Contract . The Certificate of' Acceptance shall not be issued until completed As - built drawings of the actual construction have been furnished to the OWNER and verified . In accordance with the Florida Prompt Payment Act, after receipt of the ENGINEER ' S final acceptance by the OWNER, the OWNER shall make payment to the CONTRACTOR in the full amount . PAYMENT of the lump sum amount and acceptance of such payment by the CONTRACTOR shall release the OWNER from all claims or liabilities to the CONTRACTOR in connection with this Contract. Article 6 . THE CONTRACT DOCUMENTS The General Conditions, Special Conditions , Specifications, Bid Documents, Insurance Requirements ( Exhibit A), Bonds , and the Drawings, together with this Agreement, form the Contract, and are fully a part of this Contract as if included herein . Article 7. VENUE This agreement shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or in the event of federal jurisdiction , in the United States District Court for the Southern District of Florida . - 2 - ( Contractor) (Owner) Safety & Environmental Systems , Inc . Indian River County , Florida 11280 South Indian River Drive Board of County Commissioners Sebastian , FL 32958 180127"" Street, Building A Vero Beach, FL 32960 r J n Campbell , resident oseph . Baird, County Adm nistrator * * 3 /20/ 12 N4ggqq• • as authorized by BCC on 3 / Witnessed by : �'" �' ���d//•�`'• a • ; Attest: J . K . Barton , Clerk f * �.. Deputy Jerk 0*1 Approved as to Form and Legal Sufficiency : "illianiK . l ' Deputy County Attorney - 3 - ( Contractor) (Owner) Safety & Environmental Systems , Inc . Indian River County , Florida 11280 South Indian River Drive Board of County Commissioners Sebastian , FL 32958 180127"" Street, Building A Vero Beach, FL 32960 r J n Campbell , resident oseph . Baird, County Adm nistrator * * 3 /20/ 12 N4ggqq• • as authorized by BCC on 3 / Witnessed by : �'" �' ���d//•�`'• a • ; Attest: J . K . Barton , Clerk f * �.. Deputy Jerk 0*1 Approved as to Form and Legal Sufficiency : "illianiK . l ' Deputy County Attorney - 3 - The OWNER and CONTRACTOR agree to maintain records , invoices , and payments for the work . The CONTRACTOR shall provide Performance Bonds for all work in this Agreement . All work under this Contract shall be done to the satisfaction of the OWNER, who shall in all cases determine the amount, quality, fitness , and acceptability of the several kinds of work and materials which are to be paid for hereunder, and shall decide all questions which may arise as to fulfillment of the Contract on the part of the CONTRACTOR, and his decision thereon shall be final and conclusive ; and such determination and decision , in case any question shall arise, shall be a condition precedent to the right of the CONTRACTOR to receive any money hereunder . Any clause or section of this contract or specification which may for any reason be declared invalid by a court of competent jurisdiction , including appeal , if any, may be eliminated therefrom ; and the intent of this Contract and the remaining portion thereof will remain in full force and effect as though such invalid clause or section has not been incorporated therein . Article 4 . QUANTITIES AND PRICES The Owner shall pay the CONTRACTOR for all work included and completed in accordance with this Contract , based on the items of work set forth in the CONTRACTOR ' S Bid Form . Article 5 . ACCEPTANCE AND FINAL PAYMENT When the work provided for under this contract has been completed , in accordance with the terms thereof, that a lump sum payment request in the amount of such work shall be prepared by the CONTRACTOR, and tiled with the OWNER within fifteen days after the date of completion . The final estimate shall be accompanied by a Certificate of Acceptance issued by the ENGINEER , stating that the work has been completed to his satisfaction , in compliance with the Contract . The Certificate of' Acceptance shall not be issued until completed As - built drawings of the actual construction have been furnished to the OWNER and verified . In accordance with the Florida Prompt Payment Act, after receipt of the ENGINEER ' S final acceptance by the OWNER, the OWNER shall make payment to the CONTRACTOR in the full amount . PAYMENT of the lump sum amount and acceptance of such payment by the CONTRACTOR shall release the OWNER from all claims or liabilities to the CONTRACTOR in connection with this Contract. Article 6 . THE CONTRACT DOCUMENTS The General Conditions, Special Conditions , Specifications, Bid Documents, Insurance Requirements ( Exhibit A), Bonds , and the Drawings, together with this Agreement, form the Contract, and are fully a part of this Contract as if included herein . Article 7. VENUE This agreement shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or in the event of federal jurisdiction , in the United States District Court for the Southern District of Florida . - 2 - EXHIBIT A CONTRACT DOCUMENTS Indian River Lagoon Greenway - Phase Ila Prepared By . Knight, McGuire & Associates , Inc . 80 Royal Palm Pointe , Suite 401 Vero Beach , FL 32960 Phone : ( 772 ) 569 -5505 PROJECT ENGINEER PROJECT OWNER REPRESENTATIVE Knight, McGuire & Associates , Inc . Indian River Land Trust 80 Royal Palm Pointe, Suite 401 Suite 301 , Vero Beach , FL 32960 80 Royal Palm Pointe ( 772 ) 569-5505 Vero Beach , FL 32960 ( 772 ) 794=0701 EXHIBIT A CONTRACT DOCUMENTS Indian River Lagoon Greenway - Phase Ila Prepared By . Knight, McGuire & Associates , Inc . 80 Royal Palm Pointe , Suite 401 Vero Beach , FL 32960 Phone : ( 772 ) 569 -5505 PROJECT ENGINEER PROJECT OWNER REPRESENTATIVE Knight, McGuire & Associates , Inc . Indian River Land Trust 80 Royal Palm Pointe, Suite 401 Suite 301 , Vero Beach , FL 32960 80 Royal Palm Pointe ( 772 ) 569-5505 Vero Beach , FL 32960 ( 772 ) 794=0701 TABLE OF CONTENTS NOTICE TO CONTRACTORS NC - 1 INSTRUCTION TO BIDDERS IB - 1 thru IB-2 PROPOSAL P- 1 thru P-2 GENERAL CONDITIONS GC - 1 thru GC - 13 SPECIAL PROVISIONS SP - 1 thru SP-6 CONTRACTOR ' S REQUEST FOR PAYMENT FORMS PR - 1 thru PR-4 TECHNICAL SPECIFICATIONS Appendix A REGULATORY REQUIREMENTS AND NOTIFICATION Appendix B TABLE OF CONTENTS NOTICE TO CONTRACTORS NC - 1 INSTRUCTION TO BIDDERS IB - 1 thru IB-2 PROPOSAL P- 1 thru P-2 GENERAL CONDITIONS GC - 1 thru GC - 13 SPECIAL PROVISIONS SP - 1 thru SP-6 CONTRACTOR ' S REQUEST FOR PAYMENT FORMS PR - 1 thru PR-4 TECHNICAL SPECIFICATIONS Appendix A REGULATORY REQUIREMENTS AND NOTIFICATION Appendix B ( Contractor) (Owner) Safety & Environmental Systems , Inc . Indian River County , Florida 11280 South Indian River Drive Board of County Commissioners Sebastian , FL 32958 180127"" Street, Building A Vero Beach, FL 32960 r J n Campbell , resident oseph . Baird, County Adm nistrator * * 3 /20/ 12 N4ggqq• • as authorized by BCC on 3 / Witnessed by : �'" �' ���d//•�`'• a • ; Attest: J . K . Barton , Clerk f * �.. Deputy Jerk 0*1 Approved as to Form and Legal Sufficiency : "illianiK . l ' Deputy County Attorney - 3 - CIVIL ENGINEER' S NOTICE TO CONTRACTORS Site Work for : Indian River Lagoon Greenway — Phase II a Bids will be received on February 23 , 2012 3 : 00pm at the office of Knight , McGuire & Associates , Inc . The work for which this proposal is to be submitted consists of furnishing all labor , material and equipment to construct site improvements as depicted in the construction plans , titled : Construction Plans for Indian River Land Trust , Greenway Lagoon , Phase II . The works is tentatively scheduled as follows : Notice to Proceed issued on or before : April 1 , 2012 Substantial Completion , on or before : May 15 , 2012 Final Completion , on or before : May 30 , 2012 All materials furnished and all work performed shall be in accordance with plans , specifications , and contract documents pertaining thereto , which may be obtained at the office of the Engineer , Knight , McGuire & Associates , Inc . , 80 Royal Palm Pointe , Suite 401 , Vero Beach , Florida . All work shall be performed in accordance with approved plans , permit conditions and applicable specifications ( i . e . Department of Environmental Protection , Indian River County , Florida Department of Transportation Standard Specifications ( latest edition ) , St . Johns River Water Management District permit , NPDES ) , Army Corp of Engineers , etc . NC - 1 CIVIL ENGINEER' S NOTICE TO CONTRACTORS Site Work for : Indian River Lagoon Greenway — Phase II a Bids will be received on February 23 , 2012 3 : 00pm at the office of Knight , McGuire & Associates , Inc . The work for which this proposal is to be submitted consists of furnishing all labor , material and equipment to construct site improvements as depicted in the construction plans , titled : Construction Plans for Indian River Land Trust , Greenway Lagoon , Phase II . The works is tentatively scheduled as follows : Notice to Proceed issued on or before : April 1 , 2012 Substantial Completion , on or before : May 15 , 2012 Final Completion , on or before : May 30 , 2012 All materials furnished and all work performed shall be in accordance with plans , specifications , and contract documents pertaining thereto , which may be obtained at the office of the Engineer , Knight , McGuire & Associates , Inc . , 80 Royal Palm Pointe , Suite 401 , Vero Beach , Florida . All work shall be performed in accordance with approved plans , permit conditions and applicable specifications ( i . e . Department of Environmental Protection , Indian River County , Florida Department of Transportation Standard Specifications ( latest edition ) , St . Johns River Water Management District permit , NPDES ) , Army Corp of Engineers , etc . NC - 1 INSTRUCTIONS TO BIDDERS 1 , SEALED PROPOSALS - Sealed proposals will be received at the time and place designated in the " Notice to Contractors . " 2 , DEFINITION OF TERMS - Where the following terms or their pronouns occur herein , the intent and meaning shall be as follows : Owner ( Representative ) : Indian River Land Trust , Suite 301 , 80 Royal Palm Pointe , Vero Beach 32960 Engineer : Knight , McGuire & Associates , Inc . , 80 Royal Palm Pointe , Suite 401 , Vero Beach , FL 32960 , ( 772 ) 569- 5505 ( Civil Engineer) . Bidder : Any person , firm or corporation submitting a bid for the work covered by these specifications , or his duly authorized representative . Contractor : The person , firm or corporation with whom the Owner has executed a contract for the work herein specified or his duly authorized representative . 3 . PROPOSAL GUARANTY - Refer to Owners Requirements . 4 , DELIVERY OF PROPOSAL - All bids , whether mailed or delivered in person shall be submitted in sealed envelopes , bearing on the outside the name of the bidder and his address , and clearly marked : " Proposal — Indian River Lagoon Greenway " 5 . PROPOSAL FORMS - The bidder shall submit his proposal in duplicate on the forms , or an exact copy of the forms , furnished herewith . The blank spaces shall be filled in correctly for each item and for every item for which a bid is submitted . The bidder shall state the price , typewritten or written in ink for which he proposes to do each item of work called for. 6 . SIGNATURE ON PROPOSAL - The bidder shall sign his proposal correctly . If an individual makes the proposal , his name and address shall be shown . If made by a firm or partnership , the name and post office address of each member of the firm or partnership shall be shown . If made by a corporation , the person signing the proposal shall show the name of the state under the laws of which the corporation was chartered , also the names and business addresses of its president , secretary and treasurer . The proposal shall bear the seal of the corporation attested by the secretary . Anyone signing the proposal as the agent shall file with the proposal legal evidence of his authority to do so . 7 . FAMILIARITY WITH LAWS - The bidder is assumed to be familiar with all federal , state and local laws , ordinances , rules and regulations that in any manner affect the work . Failure to familiarize himself with applicable laws will in no way relieve him from responsibility . IB - 1 INSTRUCTIONS TO BIDDERS 1 , SEALED PROPOSALS - Sealed proposals will be received at the time and place designated in the " Notice to Contractors . " 2 , DEFINITION OF TERMS - Where the following terms or their pronouns occur herein , the intent and meaning shall be as follows : Owner ( Representative ) : Indian River Land Trust , Suite 301 , 80 Royal Palm Pointe , Vero Beach 32960 Engineer : Knight , McGuire & Associates , Inc . , 80 Royal Palm Pointe , Suite 401 , Vero Beach , FL 32960 , ( 772 ) 569- 5505 ( Civil Engineer) . Bidder : Any person , firm or corporation submitting a bid for the work covered by these specifications , or his duly authorized representative . Contractor : The person , firm or corporation with whom the Owner has executed a contract for the work herein specified or his duly authorized representative . 3 . PROPOSAL GUARANTY - Refer to Owners Requirements . 4 , DELIVERY OF PROPOSAL - All bids , whether mailed or delivered in person shall be submitted in sealed envelopes , bearing on the outside the name of the bidder and his address , and clearly marked : " Proposal — Indian River Lagoon Greenway " 5 . PROPOSAL FORMS - The bidder shall submit his proposal in duplicate on the forms , or an exact copy of the forms , furnished herewith . The blank spaces shall be filled in correctly for each item and for every item for which a bid is submitted . The bidder shall state the price , typewritten or written in ink for which he proposes to do each item of work called for. 6 . SIGNATURE ON PROPOSAL - The bidder shall sign his proposal correctly . If an individual makes the proposal , his name and address shall be shown . If made by a firm or partnership , the name and post office address of each member of the firm or partnership shall be shown . If made by a corporation , the person signing the proposal shall show the name of the state under the laws of which the corporation was chartered , also the names and business addresses of its president , secretary and treasurer . The proposal shall bear the seal of the corporation attested by the secretary . Anyone signing the proposal as the agent shall file with the proposal legal evidence of his authority to do so . 7 . FAMILIARITY WITH LAWS - The bidder is assumed to be familiar with all federal , state and local laws , ordinances , rules and regulations that in any manner affect the work . Failure to familiarize himself with applicable laws will in no way relieve him from responsibility . IB - 1 EXHIBIT A CONTRACT DOCUMENTS Indian River Lagoon Greenway - Phase Ila Prepared By . Knight, McGuire & Associates , Inc . 80 Royal Palm Pointe , Suite 401 Vero Beach , FL 32960 Phone : ( 772 ) 569 -5505 PROJECT ENGINEER PROJECT OWNER REPRESENTATIVE Knight, McGuire & Associates , Inc . Indian River Land Trust 80 Royal Palm Pointe, Suite 401 Suite 301 , Vero Beach , FL 32960 80 Royal Palm Pointe ( 772 ) 569-5505 Vero Beach , FL 32960 ( 772 ) 794=0701 TABLE OF CONTENTS NOTICE TO CONTRACTORS NC - 1 INSTRUCTION TO BIDDERS IB - 1 thru IB-2 PROPOSAL P- 1 thru P-2 GENERAL CONDITIONS GC - 1 thru GC - 13 SPECIAL PROVISIONS SP - 1 thru SP-6 CONTRACTOR ' S REQUEST FOR PAYMENT FORMS PR - 1 thru PR-4 TECHNICAL SPECIFICATIONS Appendix A REGULATORY REQUIREMENTS AND NOTIFICATION Appendix B 8 . EXAMINATION OF SPECIFICATIONS AND SITE OF WORK - The bidder is required , before submitting his proposal , to visit the site of the proposed work and familiarize himself with the nature and extent of the work and any local conditions that may in any manner affect the work to be done and the equipment , materials and labor required . He is also required to examine carefully the specifications , the Proposal , Performance Bond and to inform himself thoroughly regarding all conditions and requirements that may in any manner affect the work to be performed under this contract . 9 . QUALIFICATIONS OF BIDDER - The qualifications of each bidder shall be determined by the Owner and Engineer prior to the opening of the bid . Each Contractor will be selected to submit a bid . Bid invitation shall not be extended to the public . 10 . DISQUALIFICATION OF BIDDER — At the sole judgement of the owner: more than one bid from an individual , firm , partnership , corporation or association under the same or different names , will not be considered . Reasonable grounds for believing that the bidder is financially interested in more that one proposal for the same work will cause the rejection of all proposals in which such bidders are believed to be interested . Any or all proposals will be rejected if there is reason to believe that collusion exists among the bidders and no participants in such collusion will be considered in future proposals for the same work . Proposals in which prices are obviously unbalanced will be rejected . 11 . RIGHT TO REJECT PROPOSAL - Right is reserved to reject any or all proposals and to waive technical errors and informalities . 12 . EXECUTION OF CONTRACT - Immediately following the passage of a resolution by the Owner awarding the contract to be executed by the parties , which contract will be in Contract Documents which will be attached to the various papers which were delivered by the Owner , or his representative , to the bidder in the first instance . The bidder shall fully execute the Contract Documents after which the Owner will execute the contract , it being distinctly agreed and understood that the Owner will not be bound unless and until the contract has been executed by its duly authorized and elected officers . The Performance and Payment Bonds if required shall be executed by a fully authorized surety , licenses by the State of Florida . 4-3: FAILURE TO EXECUTE THE CONTRACT - The failure on the part of the successful bidder to execute the contract as required will be just cause for the annulment of the award . 14 . BID MODIFICATIONS - Bid modifications will be received from bidders prior to opening of first bid . Modifications may be telegraphic or in other written or printed form . 15 . OWNER' S RIGHT TO MAKE DECISION - The Owner reserves the right to make any combination of items bid to determine the low bidder . 16 . LIQUIDATED DAMAGES — Penalties for completion will be determined at the time of contract negotiations . IB-2 8 . EXAMINATION OF SPECIFICATIONS AND SITE OF WORK - The bidder is required , before submitting his proposal , to visit the site of the proposed work and familiarize himself with the nature and extent of the work and any local conditions that may in any manner affect the work to be done and the equipment , materials and labor required . He is also required to examine carefully the specifications , the Proposal , Performance Bond and to inform himself thoroughly regarding all conditions and requirements that may in any manner affect the work to be performed under this contract . 9 . QUALIFICATIONS OF BIDDER - The qualifications of each bidder shall be determined by the Owner and Engineer prior to the opening of the bid . Each Contractor will be selected to submit a bid . Bid invitation shall not be extended to the public . 10 . DISQUALIFICATION OF BIDDER — At the sole judgement of the owner: more than one bid from an individual , firm , partnership , corporation or association under the same or different names , will not be considered . Reasonable grounds for believing that the bidder is financially interested in more that one proposal for the same work will cause the rejection of all proposals in which such bidders are believed to be interested . Any or all proposals will be rejected if there is reason to believe that collusion exists among the bidders and no participants in such collusion will be considered in future proposals for the same work . Proposals in which prices are obviously unbalanced will be rejected . 11 . RIGHT TO REJECT PROPOSAL - Right is reserved to reject any or all proposals and to waive technical errors and informalities . 12 . EXECUTION OF CONTRACT - Immediately following the passage of a resolution by the Owner awarding the contract to be executed by the parties , which contract will be in Contract Documents which will be attached to the various papers which were delivered by the Owner , or his representative , to the bidder in the first instance . The bidder shall fully execute the Contract Documents after which the Owner will execute the contract , it being distinctly agreed and understood that the Owner will not be bound unless and until the contract has been executed by its duly authorized and elected officers . The Performance and Payment Bonds if required shall be executed by a fully authorized surety , licenses by the State of Florida . 4-3: FAILURE TO EXECUTE THE CONTRACT - The failure on the part of the successful bidder to execute the contract as required will be just cause for the annulment of the award . 14 . BID MODIFICATIONS - Bid modifications will be received from bidders prior to opening of first bid . Modifications may be telegraphic or in other written or printed form . 15 . OWNER' S RIGHT TO MAKE DECISION - The Owner reserves the right to make any combination of items bid to determine the low bidder . 16 . LIQUIDATED DAMAGES — Penalties for completion will be determined at the time of contract negotiations . IB-2 PROPOSAL Indian River Lagoon Greenway — Phase II a Proposal of to furnish all materials and to do and perform all work in accordance with the contract documents attached hereto . TO : Indian River Land Trust Suite 301 80 Royal Palm Pointe Vero Beach , FL 32960 ( 772 ) 794- 0701 Gentlemen : The undersigned bidder has carefully examined the contract documents , the site of the work and is familiar with the nature and extent of the work and any local conditions that may in any manner affect the work to be done and the equipment , materials and labor required . The undersigned agrees to do all the work and furnish all equipment called for by said plans and specifications , in the manner prescribed thereon , in accordance with the contract documents and to the standards of quality and performance established by the Engineer , for the unit prices stated in the Schedule of Bid items hereinafter set forth for each of the items stipulated . It is understood that the quantit1es shown in the schedule are approximate only , subject to increase or decrease and for the purpose of bid comparisons for determination of low bidder. It is further understood that payment will be in accordance with actual quantities placed in the construction as more specifically provided in the Special Provisions and Detailed Specifications included as a part of the contract documents . The undersigned also agrees as follows : 1 . To do any extra work not covered by the Schedule of Bid Items , which may be ordered by the Engineer upon authorization of the Owner . To accept as full compensation , therefore , such prices as may be agreed upon in writing by the Engineer, and the Contractor , in accordance with Article 15 , " General Conditions " . 2 . To execute the contract within ten ( 10) days from the date of acceptance of this proposal . 3 . To begin work with ten ( 10 ) calendar days after the date of receipt by him of Notice to Proceed , and to substantially complete the work not later than forty five (45 ) calendar days after receipt of Notice to Proceed and be complete within sixty ( 60) days . 4 . To reimburse the Owner, as liquidated damages for each calendar day elapsing between the date herein specified as the date of full completion and the actual date of such fully completion of the contract work the amount of two hundred fifty dollars ( $ 250 . 00 ) per calendar day . P- 1 PROPOSAL Indian River Lagoon Greenway — Phase II a Proposal of to furnish all materials and to do and perform all work in accordance with the contract documents attached hereto . TO : Indian River Land Trust Suite 301 80 Royal Palm Pointe Vero Beach , FL 32960 ( 772 ) 794- 0701 Gentlemen : The undersigned bidder has carefully examined the contract documents , the site of the work and is familiar with the nature and extent of the work and any local conditions that may in any manner affect the work to be done and the equipment , materials and labor required . The undersigned agrees to do all the work and furnish all equipment called for by said plans and specifications , in the manner prescribed thereon , in accordance with the contract documents and to the standards of quality and performance established by the Engineer , for the unit prices stated in the Schedule of Bid items hereinafter set forth for each of the items stipulated . It is understood that the quantit1es shown in the schedule are approximate only , subject to increase or decrease and for the purpose of bid comparisons for determination of low bidder. It is further understood that payment will be in accordance with actual quantities placed in the construction as more specifically provided in the Special Provisions and Detailed Specifications included as a part of the contract documents . The undersigned also agrees as follows : 1 . To do any extra work not covered by the Schedule of Bid Items , which may be ordered by the Engineer upon authorization of the Owner . To accept as full compensation , therefore , such prices as may be agreed upon in writing by the Engineer, and the Contractor , in accordance with Article 15 , " General Conditions " . 2 . To execute the contract within ten ( 10) days from the date of acceptance of this proposal . 3 . To begin work with ten ( 10 ) calendar days after the date of receipt by him of Notice to Proceed , and to substantially complete the work not later than forty five (45 ) calendar days after receipt of Notice to Proceed and be complete within sixty ( 60) days . 4 . To reimburse the Owner, as liquidated damages for each calendar day elapsing between the date herein specified as the date of full completion and the actual date of such fully completion of the contract work the amount of two hundred fifty dollars ( $ 250 . 00 ) per calendar day . P- 1 CIVIL ENGINEER' S NOTICE TO CONTRACTORS Site Work for : Indian River Lagoon Greenway — Phase II a Bids will be received on February 23 , 2012 3 : 00pm at the office of Knight , McGuire & Associates , Inc . The work for which this proposal is to be submitted consists of furnishing all labor , material and equipment to construct site improvements as depicted in the construction plans , titled : Construction Plans for Indian River Land Trust , Greenway Lagoon , Phase II . The works is tentatively scheduled as follows : Notice to Proceed issued on or before : April 1 , 2012 Substantial Completion , on or before : May 15 , 2012 Final Completion , on or before : May 30 , 2012 All materials furnished and all work performed shall be in accordance with plans , specifications , and contract documents pertaining thereto , which may be obtained at the office of the Engineer , Knight , McGuire & Associates , Inc . , 80 Royal Palm Pointe , Suite 401 , Vero Beach , Florida . All work shall be performed in accordance with approved plans , permit conditions and applicable specifications ( i . e . Department of Environmental Protection , Indian River County , Florida Department of Transportation Standard Specifications ( latest edition ) , St . Johns River Water Management District permit , NPDES ) , Army Corp of Engineers , etc . NC - 1 INSTRUCTIONS TO BIDDERS 1 , SEALED PROPOSALS - Sealed proposals will be received at the time and place designated in the " Notice to Contractors . " 2 , DEFINITION OF TERMS - Where the following terms or their pronouns occur herein , the intent and meaning shall be as follows : Owner ( Representative ) : Indian River Land Trust , Suite 301 , 80 Royal Palm Pointe , Vero Beach 32960 Engineer : Knight , McGuire & Associates , Inc . , 80 Royal Palm Pointe , Suite 401 , Vero Beach , FL 32960 , ( 772 ) 569- 5505 ( Civil Engineer) . Bidder : Any person , firm or corporation submitting a bid for the work covered by these specifications , or his duly authorized representative . Contractor : The person , firm or corporation with whom the Owner has executed a contract for the work herein specified or his duly authorized representative . 3 . PROPOSAL GUARANTY - Refer to Owners Requirements . 4 , DELIVERY OF PROPOSAL - All bids , whether mailed or delivered in person shall be submitted in sealed envelopes , bearing on the outside the name of the bidder and his address , and clearly marked : " Proposal — Indian River Lagoon Greenway " 5 . PROPOSAL FORMS - The bidder shall submit his proposal in duplicate on the forms , or an exact copy of the forms , furnished herewith . The blank spaces shall be filled in correctly for each item and for every item for which a bid is submitted . The bidder shall state the price , typewritten or written in ink for which he proposes to do each item of work called for. 6 . SIGNATURE ON PROPOSAL - The bidder shall sign his proposal correctly . If an individual makes the proposal , his name and address shall be shown . If made by a firm or partnership , the name and post office address of each member of the firm or partnership shall be shown . If made by a corporation , the person signing the proposal shall show the name of the state under the laws of which the corporation was chartered , also the names and business addresses of its president , secretary and treasurer . The proposal shall bear the seal of the corporation attested by the secretary . Anyone signing the proposal as the agent shall file with the proposal legal evidence of his authority to do so . 7 . FAMILIARITY WITH LAWS - The bidder is assumed to be familiar with all federal , state and local laws , ordinances , rules and regulations that in any manner affect the work . Failure to familiarize himself with applicable laws will in no way relieve him from responsibility . IB - 1 5 . To furnish required performance bond in the amounts necessary to satisfy local utility providers ; guaranteeing that the contractor warrants the facilities to be free from defect in materials and workmanship as prescribed by the approved plans and permits . DATED THIS day of 2012 . Respectfully submitted , Contractor Address By : P-2 5 . To furnish required performance bond in the amounts necessary to satisfy local utility providers ; guaranteeing that the contractor warrants the facilities to be free from defect in materials and workmanship as prescribed by the approved plans and permits . DATED THIS day of 2012 . Respectfully submitted , Contractor Address By : P-2 Lagoon Greenway Phase Ila Bid Items [ Item ; Descri tion Unit Qt Amount Total 1 Mobilization /. Survey LS Job 2 Section B - B Boardwalk LF 93 3 Section C - C Boardwalk LF 55 4 Section C - C Handrail LF 55 Environmental Site Controls ( silt 5 fence , floating turbidity barriers , etc . LS Job 6 4 ' Trail Construction LF 900 7 10 ' Trail Construction LF 1190 Grand Total P-3 Lagoon Greenway Phase Ila Bid Items [ Item ; Descri tion Unit Qt Amount Total 1 Mobilization /. Survey LS Job 2 Section B - B Boardwalk LF 93 3 Section C - C Boardwalk LF 55 4 Section C - C Handrail LF 55 Environmental Site Controls ( silt 5 fence , floating turbidity barriers , etc . LS Job 6 4 ' Trail Construction LF 900 7 10 ' Trail Construction LF 1190 Grand Total P-3 8 . EXAMINATION OF SPECIFICATIONS AND SITE OF WORK - The bidder is required , before submitting his proposal , to visit the site of the proposed work and familiarize himself with the nature and extent of the work and any local conditions that may in any manner affect the work to be done and the equipment , materials and labor required . He is also required to examine carefully the specifications , the Proposal , Performance Bond and to inform himself thoroughly regarding all conditions and requirements that may in any manner affect the work to be performed under this contract . 9 . QUALIFICATIONS OF BIDDER - The qualifications of each bidder shall be determined by the Owner and Engineer prior to the opening of the bid . Each Contractor will be selected to submit a bid . Bid invitation shall not be extended to the public . 10 . DISQUALIFICATION OF BIDDER — At the sole judgement of the owner: more than one bid from an individual , firm , partnership , corporation or association under the same or different names , will not be considered . Reasonable grounds for believing that the bidder is financially interested in more that one proposal for the same work will cause the rejection of all proposals in which such bidders are believed to be interested . Any or all proposals will be rejected if there is reason to believe that collusion exists among the bidders and no participants in such collusion will be considered in future proposals for the same work . Proposals in which prices are obviously unbalanced will be rejected . 11 . RIGHT TO REJECT PROPOSAL - Right is reserved to reject any or all proposals and to waive technical errors and informalities . 12 . EXECUTION OF CONTRACT - Immediately following the passage of a resolution by the Owner awarding the contract to be executed by the parties , which contract will be in Contract Documents which will be attached to the various papers which were delivered by the Owner , or his representative , to the bidder in the first instance . The bidder shall fully execute the Contract Documents after which the Owner will execute the contract , it being distinctly agreed and understood that the Owner will not be bound unless and until the contract has been executed by its duly authorized and elected officers . The Performance and Payment Bonds if required shall be executed by a fully authorized surety , licenses by the State of Florida . 4-3: FAILURE TO EXECUTE THE CONTRACT - The failure on the part of the successful bidder to execute the contract as required will be just cause for the annulment of the award . 14 . BID MODIFICATIONS - Bid modifications will be received from bidders prior to opening of first bid . Modifications may be telegraphic or in other written or printed form . 15 . OWNER' S RIGHT TO MAKE DECISION - The Owner reserves the right to make any combination of items bid to determine the low bidder . 16 . LIQUIDATED DAMAGES — Penalties for completion will be determined at the time of contract negotiations . IB-2 PROPOSAL Indian River Lagoon Greenway — Phase II a Proposal of to furnish all materials and to do and perform all work in accordance with the contract documents attached hereto . TO : Indian River Land Trust Suite 301 80 Royal Palm Pointe Vero Beach , FL 32960 ( 772 ) 794- 0701 Gentlemen : The undersigned bidder has carefully examined the contract documents , the site of the work and is familiar with the nature and extent of the work and any local conditions that may in any manner affect the work to be done and the equipment , materials and labor required . The undersigned agrees to do all the work and furnish all equipment called for by said plans and specifications , in the manner prescribed thereon , in accordance with the contract documents and to the standards of quality and performance established by the Engineer , for the unit prices stated in the Schedule of Bid items hereinafter set forth for each of the items stipulated . It is understood that the quantit1es shown in the schedule are approximate only , subject to increase or decrease and for the purpose of bid comparisons for determination of low bidder. It is further understood that payment will be in accordance with actual quantities placed in the construction as more specifically provided in the Special Provisions and Detailed Specifications included as a part of the contract documents . The undersigned also agrees as follows : 1 . To do any extra work not covered by the Schedule of Bid Items , which may be ordered by the Engineer upon authorization of the Owner . To accept as full compensation , therefore , such prices as may be agreed upon in writing by the Engineer, and the Contractor , in accordance with Article 15 , " General Conditions " . 2 . To execute the contract within ten ( 10) days from the date of acceptance of this proposal . 3 . To begin work with ten ( 10 ) calendar days after the date of receipt by him of Notice to Proceed , and to substantially complete the work not later than forty five (45 ) calendar days after receipt of Notice to Proceed and be complete within sixty ( 60) days . 4 . To reimburse the Owner, as liquidated damages for each calendar day elapsing between the date herein specified as the date of full completion and the actual date of such fully completion of the contract work the amount of two hundred fifty dollars ( $ 250 . 00 ) per calendar day . P- 1 GENERAL CONDITIONS Article 1 . - DEFINITIONS (A) The contract documents consist of the following items , including all modifications thereof incorporated in the documents before their execution . These form the contract ; Notice to Contractors , Instructions to Bidders , General Conditions , Special Provisions , Detailed Specifications , Soil Borings , Regulatory Requirements and Notification/Construction Permits , Proposal , Agreement , Contract Bond and Drawings , Survey and Topo , Permits , As - Builts . ( B ) The Owner , the Contractor and the Engineer are those mentioned as such in the Agreement . They are treated throughout the contract documents as if each were of the singular number and masculine gender . ( C ) Wherever in this contract the words Engineer is used , it shall be understood as referring to the Engineer of the Owner , acting personally or through an assistant duly authorized in writing for such act by the Engineer . The Engineer shall be responsible for the duties outlined herein , only when specifically engaged in writing by the Owner , to perform these duties . ( D ) Written notice shall be deemed to have been duly served , 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 it shall be delivered at or sent by registered mail to the business address shown in the proposal or contract . ( E ) The term " Subcontractor" as employed herein , includes only those having a direct contract with the Contractor and it includes one who furnished material worked to a special design according to the plans or specifications of this work , but does not include one who merely furnishes material not so worked . ( F ) The term " Work" of the Contractor or Subcontractor includes labor or materials or both , equipment , transportation , or other facilities necessary to complete the contract . ( G ) All time limits stated in the contract documents are of the essence of the contract . Article 2 . EXECUTION CORRELATION AND INTENT OF DOCUMENTS The agreement shall be signed in duplicate by the Owner and the Contractor . Customary practice does not involve signature of either party on the separate or supplementary components of the contract documents . The Engineer will identify the plans and specifications upon request . The contract documents are complimentary , and what is called for by any one shall be as binding as if called for by all . The intent of the documents is to include all labor and materials , equipment , transportation and incidentals necessary for the proper and complete execution of the work . Materials or work described in words which is to be applied have a well known technical or trade meaning shall be held to refer to such recognized standards . GC- 1 GENERAL CONDITIONS Article 1 . - DEFINITIONS (A) The contract documents consist of the following items , including all modifications thereof incorporated in the documents before their execution . These form the contract ; Notice to Contractors , Instructions to Bidders , General Conditions , Special Provisions , Detailed Specifications , Soil Borings , Regulatory Requirements and Notification/Construction Permits , Proposal , Agreement , Contract Bond and Drawings , Survey and Topo , Permits , As - Builts . ( B ) The Owner , the Contractor and the Engineer are those mentioned as such in the Agreement . They are treated throughout the contract documents as if each were of the singular number and masculine gender . ( C ) Wherever in this contract the words Engineer is used , it shall be understood as referring to the Engineer of the Owner , acting personally or through an assistant duly authorized in writing for such act by the Engineer . The Engineer shall be responsible for the duties outlined herein , only when specifically engaged in writing by the Owner , to perform these duties . ( D ) Written notice shall be deemed to have been duly served , 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 it shall be delivered at or sent by registered mail to the business address shown in the proposal or contract . ( E ) The term " Subcontractor" as employed herein , includes only those having a direct contract with the Contractor and it includes one who furnished material worked to a special design according to the plans or specifications of this work , but does not include one who merely furnishes material not so worked . ( F ) The term " Work" of the Contractor or Subcontractor includes labor or materials or both , equipment , transportation , or other facilities necessary to complete the contract . ( G ) All time limits stated in the contract documents are of the essence of the contract . Article 2 . EXECUTION CORRELATION AND INTENT OF DOCUMENTS The agreement shall be signed in duplicate by the Owner and the Contractor . Customary practice does not involve signature of either party on the separate or supplementary components of the contract documents . The Engineer will identify the plans and specifications upon request . The contract documents are complimentary , and what is called for by any one shall be as binding as if called for by all . The intent of the documents is to include all labor and materials , equipment , transportation and incidentals necessary for the proper and complete execution of the work . Materials or work described in words which is to be applied have a well known technical or trade meaning shall be held to refer to such recognized standards . GC- 1 Article 3 . DETAIL DRAWINGS AND INFORMATION The Engineer will furnish , with reasonable promptness , additional information by means of drawings or otherwise , necessary for the proper execution of the work . All such drawings and information will be consistent with the contract documents , true developments thereof and reasonable inferable therefrom . Article 4 . COPIES OF DRAWINGS FURNISHED Unless otherwise provided in the contract documents , the Engineer will furnish to the Contractor, free of charge , all copies of drawings and specifications reasonably necessary during the pre- construction meeting for the execution of the work . Article 5 . ORDER OF COMPLETION The Contractor shall submit prior to starting work , schedules which show the order in which the Contractor proposes to carry on the work with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts . The Engineer may order the schedule to be supplemented or amended as necessary to afford proper continuity of the work . Article 6 , DRAWINGS AND SPECIFICATIONS ON THE WORK The Contractor shall keep one copy of all drawings and specifications on the work in good condition , available to the Engineer and his representatives . Article 7 . OWNERSHIP OF DRAWINGS All drawings , specifications and copies thereof furnished by the Engineer are owner' s property . They are not to be used on other work and , with the exception of the signed contract set , are to be returned to him on request , at the completion of the work . Article 8 . CONTRACTOR ' S UNDERSTANDING It is understood and agreed that the Contractor has , by careful examination , satisfied himself as to the nature and location of the work , the conformation of the ground , the character , quality and quantity of the materials to be encountered , the character of the equipment and facilities needed preliminary to and during the execution of the work , the general and local conditions , and all other matters which can in any way affect the work under this contract . No verbal agreement or conversation with any officer, agent or employee of the Owner, either before or after the execution of this contract , shall affect or modify any of the terms or obligations herein contained . Article 9 . MATERIALS . APPLIANCES EMPLOYEES Unless otherwise stipulated , the Contractor shall provide and pay for all materials , labor , water , tools , equipment , light , power, transportation and other facilities necessary for the execution and completion of the work . Unless otherwise specified , all materials shall be new, and both workmanship and materials shall be of good quality . The Contractor shall , if requested by the engineer, furnish satisfactory evidence as to the kind and quality of materials . The Contractors shall at all times enforce strict discipline and good order among his employees and shall not employ on the job any unfit person or anyone not skilled in the work assigned to him . Article 10 . ROYALTIES AND PATENTS GC-2 Article 3 . DETAIL DRAWINGS AND INFORMATION The Engineer will furnish , with reasonable promptness , additional information by means of drawings or otherwise , necessary for the proper execution of the work . All such drawings and information will be consistent with the contract documents , true developments thereof and reasonable inferable therefrom . Article 4 . COPIES OF DRAWINGS FURNISHED Unless otherwise provided in the contract documents , the Engineer will furnish to the Contractor, free of charge , all copies of drawings and specifications reasonably necessary during the pre- construction meeting for the execution of the work . Article 5 . ORDER OF COMPLETION The Contractor shall submit prior to starting work , schedules which show the order in which the Contractor proposes to carry on the work with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts . The Engineer may order the schedule to be supplemented or amended as necessary to afford proper continuity of the work . Article 6 , DRAWINGS AND SPECIFICATIONS ON THE WORK The Contractor shall keep one copy of all drawings and specifications on the work in good condition , available to the Engineer and his representatives . Article 7 . OWNERSHIP OF DRAWINGS All drawings , specifications and copies thereof furnished by the Engineer are owner' s property . They are not to be used on other work and , with the exception of the signed contract set , are to be returned to him on request , at the completion of the work . Article 8 . CONTRACTOR ' S UNDERSTANDING It is understood and agreed that the Contractor has , by careful examination , satisfied himself as to the nature and location of the work , the conformation of the ground , the character , quality and quantity of the materials to be encountered , the character of the equipment and facilities needed preliminary to and during the execution of the work , the general and local conditions , and all other matters which can in any way affect the work under this contract . No verbal agreement or conversation with any officer, agent or employee of the Owner, either before or after the execution of this contract , shall affect or modify any of the terms or obligations herein contained . Article 9 . MATERIALS . APPLIANCES EMPLOYEES Unless otherwise stipulated , the Contractor shall provide and pay for all materials , labor , water , tools , equipment , light , power, transportation and other facilities necessary for the execution and completion of the work . Unless otherwise specified , all materials shall be new, and both workmanship and materials shall be of good quality . The Contractor shall , if requested by the engineer, furnish satisfactory evidence as to the kind and quality of materials . The Contractors shall at all times enforce strict discipline and good order among his employees and shall not employ on the job any unfit person or anyone not skilled in the work assigned to him . Article 10 . ROYALTIES AND PATENTS GC-2 5 . To furnish required performance bond in the amounts necessary to satisfy local utility providers ; guaranteeing that the contractor warrants the facilities to be free from defect in materials and workmanship as prescribed by the approved plans and permits . DATED THIS day of 2012 . Respectfully submitted , Contractor Address By : P-2 Lagoon Greenway Phase Ila Bid Items [ Item ; Descri tion Unit Qt Amount Total 1 Mobilization /. Survey LS Job 2 Section B - B Boardwalk LF 93 3 Section C - C Boardwalk LF 55 4 Section C - C Handrail LF 55 Environmental Site Controls ( silt 5 fence , floating turbidity barriers , etc . LS Job 6 4 ' Trail Construction LF 900 7 10 ' Trail Construction LF 1190 Grand Total P-3 The Contractor shall pay all royalties and license fees . He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof except that the Owner shall be responsible for all such loss when a particular process or the product of a particular manufacturer or manufacturers is specified , unless the Owner has notified the Contractor prior to the signing of the contract or included in the specifications a provision that there may be a patented process or product included in the project . Article 11 . SURVEYS , PERMITS AND REGULATIONS The Owner will provide a boundary survey " sketch " depicting all property lines , right- of-way lines , easements , etc . , with monumentation , permanent reference points , and bench mark locations depicted . Permits and licenses necessary for the execution of the work shall be secured and paid for by the Contractor . Except those permits listed and included within these documents under the section titled " Regulatory Requirements and Notification/Construction Permits . " Easements for permanent structures or permanent changes in existing facilities will be secured and paid for by the Owner unless otherwise specified . The Contractor shall give all notices and comply with all laws , ordinances , rules and regulations bearing on the conduct of the work as drawn and specified . If the Contractor observes that the drawings and specifications are at variance therewith , he shall notify the Engineer in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work . If the Contractor performs any work knowing it to be contrary to such laws , ordinances , rules and regulations and without such notice to the Engineer , he shall bear all costs arising therefrom . Article 12 . SAFETY AND PROTECTION ; EMERGENCIES The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage , injury or loss to ; all employees on the work and other persons who may be affected thereby , all the work and all materials or equipment to be incorporated therein , whether in storage on or off the site , and other property at the site or adjacent thereto , including trees , shrubs , lawns , walks , pavements , roadway , structures and utilities not designated for removal , relocation or replacement in the course of construction . He shall comply with all applicable safety and building laws and codes of federal , state , municipal and other governmental bodies for the safety of persons or property or to protect them from damage , injury or loss . He shall erect and maintain , as required by the conditions and progress or the work all necessary safeguards for their safety and protection , including posting danger signs and other warnings against hazards , promulgating safety regulations and notifying owners of adjacent utilities . When the use or storage of explosives or other hazardous materials is necessary for the execution of the work , the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of licensed specially qualified personnel . All damage , injury or loss to any such property caused , directly or indirectly , in whole or in part , by the Contractor , any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable , shall be remedied by the Contractor. In emergencies affecting the safety of persons or the work or property at the site or adjacent thereto , the Contractor, without special instruction or authorization from the Engineer or Owner, is obligated to act , at his discretion , to prevent threatened damage , injury or loss . He shall give the Engineer prompt written notice of injury or loss . He shall give the Engineer prompt written notice of any significant changes in the work or GC -3 The Contractor shall pay all royalties and license fees . He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof except that the Owner shall be responsible for all such loss when a particular process or the product of a particular manufacturer or manufacturers is specified , unless the Owner has notified the Contractor prior to the signing of the contract or included in the specifications a provision that there may be a patented process or product included in the project . Article 11 . SURVEYS , PERMITS AND REGULATIONS The Owner will provide a boundary survey " sketch " depicting all property lines , right- of-way lines , easements , etc . , with monumentation , permanent reference points , and bench mark locations depicted . Permits and licenses necessary for the execution of the work shall be secured and paid for by the Contractor . Except those permits listed and included within these documents under the section titled " Regulatory Requirements and Notification/Construction Permits . " Easements for permanent structures or permanent changes in existing facilities will be secured and paid for by the Owner unless otherwise specified . The Contractor shall give all notices and comply with all laws , ordinances , rules and regulations bearing on the conduct of the work as drawn and specified . If the Contractor observes that the drawings and specifications are at variance therewith , he shall notify the Engineer in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work . If the Contractor performs any work knowing it to be contrary to such laws , ordinances , rules and regulations and without such notice to the Engineer , he shall bear all costs arising therefrom . Article 12 . SAFETY AND PROTECTION ; EMERGENCIES The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage , injury or loss to ; all employees on the work and other persons who may be affected thereby , all the work and all materials or equipment to be incorporated therein , whether in storage on or off the site , and other property at the site or adjacent thereto , including trees , shrubs , lawns , walks , pavements , roadway , structures and utilities not designated for removal , relocation or replacement in the course of construction . He shall comply with all applicable safety and building laws and codes of federal , state , municipal and other governmental bodies for the safety of persons or property or to protect them from damage , injury or loss . He shall erect and maintain , as required by the conditions and progress or the work all necessary safeguards for their safety and protection , including posting danger signs and other warnings against hazards , promulgating safety regulations and notifying owners of adjacent utilities . When the use or storage of explosives or other hazardous materials is necessary for the execution of the work , the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of licensed specially qualified personnel . All damage , injury or loss to any such property caused , directly or indirectly , in whole or in part , by the Contractor , any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable , shall be remedied by the Contractor. In emergencies affecting the safety of persons or the work or property at the site or adjacent thereto , the Contractor, without special instruction or authorization from the Engineer or Owner, is obligated to act , at his discretion , to prevent threatened damage , injury or loss . He shall give the Engineer prompt written notice of injury or loss . He shall give the Engineer prompt written notice of any significant changes in the work or GC -3 deviations from the contract documents caused thereby , and a change order shall thereupon be issued covering the changes and deviations involved . If the Contractor believes that additional work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the contract price or an extension of the contract time , he may make a claim therefore as provided in Articles 16 and 18 . Article 13 , ACCESS TO THE WORK : UNCOVERING FINISHED WORK The Engineer and his representatives and other representatives of the Owner will at all times have access to the work . The Contractor shall provide proper facilities for such access and observation of the work or for any examination or testing thereof. Should it be considered necessary or advisable by the Engineer to re-examine any part of the work already fabricated , installed or completed , the Contractor , at the Engineer' s request , shall uncover , expose or otherwise make available for examination or testing that portion of the work in question , furnishing all necessary labor , material and equipment . If it is found that such work does not meet the requirements of the contract documents , the Contractor shall defray all the expenses of such examination and testing and of satisfactory reconstruction . If , however , such work is found to meet the requirements of the contract documents , the Contractor will be allowed an increase in the contract price or extension of the contract time directly attributable to such uncovering , exposure , examination and testing , if he makes a claim therefore as provided in Articles 16 and 18 . Article 14 , SUPERINTENDENCE : SUPERVISION The Contractor shall keep in his work during its progress a competent superintendent and any necessary assistants , all satisfactory to the Engineer . The superintendent shall not be changed except with the consent of the Engineer , unless the superintendent proves to be unsatisfactory to the Contractor and ceases to be in his employment . The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor . Important directions will be confirmed on written request in each case . The Contractor shall give effcient cuper� ision to the work , using his best skill and attention . If in the opinion of the Engineer or the Owner' s Representative , the supervision of the work is inefficient or in any way unsatisfactory , the Contractor shall immediately assign a superintendent to the work who is satisfactory to the Engineer . If the Contractor, in the course of the work , finds any discrepancy between the drawings and the physical conditions of the locality , or any errors or omissions in the drawings or in layout as given by points and instructions , it shall be his duty to immediately inform the Engineer, in writing , and the Engineer will promptly verify the same . Any work done after such discovery , until authorized , will be done at the Contractor' s risk . Neither party shall employ or hire any employees of the other party without his consent . Article 15 . CHANGES IN THE WORK The Owner, without invalidating the contract , may order extra work or make changes by altering , adding to , or deducting from the work , the contract sum being adjusted accordingly . All such work shall be executed under the conditions of the original contract except that any claim for extension of time caused thereby will be adjusted at the time of ordering such change . The Engineer will have authority to make minor changes in the work , not involving extra cost , and not inconsistent with the purpose of the work , but otherwise , except in an emergency endangering life or property , no extra work or change will be made unless in the pursuance of a written order by GC-4 deviations from the contract documents caused thereby , and a change order shall thereupon be issued covering the changes and deviations involved . If the Contractor believes that additional work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the contract price or an extension of the contract time , he may make a claim therefore as provided in Articles 16 and 18 . Article 13 , ACCESS TO THE WORK : UNCOVERING FINISHED WORK The Engineer and his representatives and other representatives of the Owner will at all times have access to the work . The Contractor shall provide proper facilities for such access and observation of the work or for any examination or testing thereof. Should it be considered necessary or advisable by the Engineer to re-examine any part of the work already fabricated , installed or completed , the Contractor , at the Engineer' s request , shall uncover , expose or otherwise make available for examination or testing that portion of the work in question , furnishing all necessary labor , material and equipment . If it is found that such work does not meet the requirements of the contract documents , the Contractor shall defray all the expenses of such examination and testing and of satisfactory reconstruction . If , however , such work is found to meet the requirements of the contract documents , the Contractor will be allowed an increase in the contract price or extension of the contract time directly attributable to such uncovering , exposure , examination and testing , if he makes a claim therefore as provided in Articles 16 and 18 . Article 14 , SUPERINTENDENCE : SUPERVISION The Contractor shall keep in his work during its progress a competent superintendent and any necessary assistants , all satisfactory to the Engineer . The superintendent shall not be changed except with the consent of the Engineer , unless the superintendent proves to be unsatisfactory to the Contractor and ceases to be in his employment . The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor . Important directions will be confirmed on written request in each case . The Contractor shall give effcient cuper� ision to the work , using his best skill and attention . If in the opinion of the Engineer or the Owner' s Representative , the supervision of the work is inefficient or in any way unsatisfactory , the Contractor shall immediately assign a superintendent to the work who is satisfactory to the Engineer . If the Contractor, in the course of the work , finds any discrepancy between the drawings and the physical conditions of the locality , or any errors or omissions in the drawings or in layout as given by points and instructions , it shall be his duty to immediately inform the Engineer, in writing , and the Engineer will promptly verify the same . Any work done after such discovery , until authorized , will be done at the Contractor' s risk . Neither party shall employ or hire any employees of the other party without his consent . Article 15 . CHANGES IN THE WORK The Owner, without invalidating the contract , may order extra work or make changes by altering , adding to , or deducting from the work , the contract sum being adjusted accordingly . All such work shall be executed under the conditions of the original contract except that any claim for extension of time caused thereby will be adjusted at the time of ordering such change . The Engineer will have authority to make minor changes in the work , not involving extra cost , and not inconsistent with the purpose of the work , but otherwise , except in an emergency endangering life or property , no extra work or change will be made unless in the pursuance of a written order by GC-4 GENERAL CONDITIONS Article 1 . - DEFINITIONS (A) The contract documents consist of the following items , including all modifications thereof incorporated in the documents before their execution . These form the contract ; Notice to Contractors , Instructions to Bidders , General Conditions , Special Provisions , Detailed Specifications , Soil Borings , Regulatory Requirements and Notification/Construction Permits , Proposal , Agreement , Contract Bond and Drawings , Survey and Topo , Permits , As - Builts . ( B ) The Owner , the Contractor and the Engineer are those mentioned as such in the Agreement . They are treated throughout the contract documents as if each were of the singular number and masculine gender . ( C ) Wherever in this contract the words Engineer is used , it shall be understood as referring to the Engineer of the Owner , acting personally or through an assistant duly authorized in writing for such act by the Engineer . The Engineer shall be responsible for the duties outlined herein , only when specifically engaged in writing by the Owner , to perform these duties . ( D ) Written notice shall be deemed to have been duly served , 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 it shall be delivered at or sent by registered mail to the business address shown in the proposal or contract . ( E ) The term " Subcontractor" as employed herein , includes only those having a direct contract with the Contractor and it includes one who furnished material worked to a special design according to the plans or specifications of this work , but does not include one who merely furnishes material not so worked . ( F ) The term " Work" of the Contractor or Subcontractor includes labor or materials or both , equipment , transportation , or other facilities necessary to complete the contract . ( G ) All time limits stated in the contract documents are of the essence of the contract . Article 2 . EXECUTION CORRELATION AND INTENT OF DOCUMENTS The agreement shall be signed in duplicate by the Owner and the Contractor . Customary practice does not involve signature of either party on the separate or supplementary components of the contract documents . The Engineer will identify the plans and specifications upon request . The contract documents are complimentary , and what is called for by any one shall be as binding as if called for by all . The intent of the documents is to include all labor and materials , equipment , transportation and incidentals necessary for the proper and complete execution of the work . Materials or work described in words which is to be applied have a well known technical or trade meaning shall be held to refer to such recognized standards . GC- 1 Article 3 . DETAIL DRAWINGS AND INFORMATION The Engineer will furnish , with reasonable promptness , additional information by means of drawings or otherwise , necessary for the proper execution of the work . All such drawings and information will be consistent with the contract documents , true developments thereof and reasonable inferable therefrom . Article 4 . COPIES OF DRAWINGS FURNISHED Unless otherwise provided in the contract documents , the Engineer will furnish to the Contractor, free of charge , all copies of drawings and specifications reasonably necessary during the pre- construction meeting for the execution of the work . Article 5 . ORDER OF COMPLETION The Contractor shall submit prior to starting work , schedules which show the order in which the Contractor proposes to carry on the work with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts . The Engineer may order the schedule to be supplemented or amended as necessary to afford proper continuity of the work . Article 6 , DRAWINGS AND SPECIFICATIONS ON THE WORK The Contractor shall keep one copy of all drawings and specifications on the work in good condition , available to the Engineer and his representatives . Article 7 . OWNERSHIP OF DRAWINGS All drawings , specifications and copies thereof furnished by the Engineer are owner' s property . They are not to be used on other work and , with the exception of the signed contract set , are to be returned to him on request , at the completion of the work . Article 8 . CONTRACTOR ' S UNDERSTANDING It is understood and agreed that the Contractor has , by careful examination , satisfied himself as to the nature and location of the work , the conformation of the ground , the character , quality and quantity of the materials to be encountered , the character of the equipment and facilities needed preliminary to and during the execution of the work , the general and local conditions , and all other matters which can in any way affect the work under this contract . No verbal agreement or conversation with any officer, agent or employee of the Owner, either before or after the execution of this contract , shall affect or modify any of the terms or obligations herein contained . Article 9 . MATERIALS . APPLIANCES EMPLOYEES Unless otherwise stipulated , the Contractor shall provide and pay for all materials , labor , water , tools , equipment , light , power, transportation and other facilities necessary for the execution and completion of the work . Unless otherwise specified , all materials shall be new, and both workmanship and materials shall be of good quality . The Contractor shall , if requested by the engineer, furnish satisfactory evidence as to the kind and quality of materials . The Contractors shall at all times enforce strict discipline and good order among his employees and shall not employ on the job any unfit person or anyone not skilled in the work assigned to him . Article 10 . ROYALTIES AND PATENTS GC-2 the Engineer and owner , and no claim for an addition to the contract sum will be valid unless so ordered in writing . The value of any such extra work or change will be determined in one or more of the following ways : (A) By estimate and acceptance in a lump sum . ( B ) By unit prices named in the contract or subsequently agreed upon . ( C ) By cost and percentage or by cost and a fixed fee . If none of the above methods is agreed upon , the Contractor , provided he receives an order as above , shall proceed with the work . In such case and also under case (C ) he shall keep and present in such form as the Engineer may direct , a correct account of the net cost of labor and materials , together with vouchers . In any case , the Engineer will certify to the amount , including reasonable allowances for overhead and profit , due to the Contractor . Pending final determination of value , payments on account of changes will be made on the Engineer' s estimate . Article 16 . CLAIMS EXTRA COST If the Contractor claims that any instructions by drawings or otherwise involve extra costs under this contract , he shall give the Engineer written notice thereof within 10 days after the receipt of such instructions , and in any event before proceeding to execute the work , except in emergency endangering life or property , and the procedure shall then be as provided in Article 15 " Changes in the Work" . Claims will not be processed unless filed in writing before any work is commenced . Article 17 . DEDUCTIONS FOR UNCORRECTED WORK If the Engineer deems it expedient to correct work injured or done not in accordance with the contract , an equitable deduction from the contract price will be made therefore . Article 18 . DELAYS AND EXTENSION OF TIME If the Contractor is delayed at any time , in the progress of the work by an act or neglect of the Owner or of his employees , or by any other contractor employed by the Owner , or by changes ordered in the work or by strikes , lockouts , fire , unusual delay in transportation , unavoidable casualties or any causes beyond the Contractor' s control , or by delay authorized by the Engineer pending arbitration , or by any cause which the Engineer may decide to justify the delay , then the time of completion will be extended for such reasonable time as the Engineer may decide . No such extension will be made for delay occurring more than seven days before claim is made in writing to the Engineer . In the case of a continuing cause or delay , only one claim is necessary . If no schedule or agreement stating the dates upon which drawings shall be furnished is made , then no claim for delay will be allowed on account of failure to furnish drawings until two weeks after demand for such drawings and not then unless such claim be reasonable . This article does not exclude the recovery of damages for delay by either party under other provisions in the contract documents . Article 19 . CORRECTION OF WORK BEFORE FINAL PAYMENTS The Contractor shall promptly correct all work condemned by the Engineer as failing to conform to the contract and shall promptly replace and re-execute his own work in accordance with the contract and without expense to the Owner and shall bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement . GC-5 the Engineer and owner , and no claim for an addition to the contract sum will be valid unless so ordered in writing . The value of any such extra work or change will be determined in one or more of the following ways : (A) By estimate and acceptance in a lump sum . ( B ) By unit prices named in the contract or subsequently agreed upon . ( C ) By cost and percentage or by cost and a fixed fee . If none of the above methods is agreed upon , the Contractor , provided he receives an order as above , shall proceed with the work . In such case and also under case (C ) he shall keep and present in such form as the Engineer may direct , a correct account of the net cost of labor and materials , together with vouchers . In any case , the Engineer will certify to the amount , including reasonable allowances for overhead and profit , due to the Contractor . Pending final determination of value , payments on account of changes will be made on the Engineer' s estimate . Article 16 . CLAIMS EXTRA COST If the Contractor claims that any instructions by drawings or otherwise involve extra costs under this contract , he shall give the Engineer written notice thereof within 10 days after the receipt of such instructions , and in any event before proceeding to execute the work , except in emergency endangering life or property , and the procedure shall then be as provided in Article 15 " Changes in the Work" . Claims will not be processed unless filed in writing before any work is commenced . Article 17 . DEDUCTIONS FOR UNCORRECTED WORK If the Engineer deems it expedient to correct work injured or done not in accordance with the contract , an equitable deduction from the contract price will be made therefore . Article 18 . DELAYS AND EXTENSION OF TIME If the Contractor is delayed at any time , in the progress of the work by an act or neglect of the Owner or of his employees , or by any other contractor employed by the Owner , or by changes ordered in the work or by strikes , lockouts , fire , unusual delay in transportation , unavoidable casualties or any causes beyond the Contractor' s control , or by delay authorized by the Engineer pending arbitration , or by any cause which the Engineer may decide to justify the delay , then the time of completion will be extended for such reasonable time as the Engineer may decide . No such extension will be made for delay occurring more than seven days before claim is made in writing to the Engineer . In the case of a continuing cause or delay , only one claim is necessary . If no schedule or agreement stating the dates upon which drawings shall be furnished is made , then no claim for delay will be allowed on account of failure to furnish drawings until two weeks after demand for such drawings and not then unless such claim be reasonable . This article does not exclude the recovery of damages for delay by either party under other provisions in the contract documents . Article 19 . CORRECTION OF WORK BEFORE FINAL PAYMENTS The Contractor shall promptly correct all work condemned by the Engineer as failing to conform to the contract and shall promptly replace and re-execute his own work in accordance with the contract and without expense to the Owner and shall bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement . GC-5 If the Contractor does not correct such condemned work and material within a reasonable time as fixed by written notice , the Owner may correct it at the expense of such correction . Within ten days thereafter , the Owner may , upon ten days written notice , deduct all the cost and expenses that should have been borne by the Contractor. Article 20 , SUSPENSION OF WORK The Owner may at any time suspend the work , or any part thereof by giving five days notice to the Contractor in writing . The work shall be resumed by the Contractor within ten days after the date fixed in a written notice to resume work from the Owner to the Contractor . The Owner will reimburse the Contractor for expense incurred by the Contractor in connection with the work under this contract as result of such suspension unless the suspension was ordered by the Engineer to enforce the contract or for any violation of the contract . Article 21 . THE OWNERS ' S RIGHT TO DO WORK If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this contract , the Owner , after three days written notice to the Contractor , may , without prejudice to any other remedy he may have , make good such deficiencies at the Contractor' s expense . Article 22 , THE OWNER ' S RIGHT TO TERMINATE CONTRACT If the Contractor should be adjudged a bankrupt , or if he should make a general assignment for the benefit of his creditors , or if a receiver should be appointed on account of his insolvency , or if a writ of garnishment shall be served upon the Owner , seeking to reach funds due or to become due the Contractor , or if the Government of the United States or any state or county shall garnishee , distrain , attach , or seek to reach funds due or to become due the Contractor , or if he should persistently or repeatedly refuse or should fail , except in cases of which extension of time is provided , to supply enough properly skilled workmen or proper materials , or if he should fail to make prompt payment to subcontractors or for material or labor , or persistently disregard laws , ordinances or the aL! thorit,/ of the Engineer, or otherwise be guilty of a substantial violation of any provision of the contract , then the Owner , upon the certificate of the Engineer that sufficient cause exists to justify such action may without prejudice to any other right or remedy and after giving the Contractor seven days written notice , terminate the employment of the Contractor and take possession of the premises and of all materials , tools , and appliances thereon and finish the work by whatever method he may deem expedient . In such case , the Contractor will not be entitled to receive any further payment until the work is finished . If the unpaid balance of the contract price exceeds the expense of finishing the work , including compensation for additional managerial and administrative services , such excess will be paid to the Contractor . If such expense exceeds such unpaid balance , the Contractor shall pay the difference to the Owner . The expense incurred by the Owner as herein provided , and the damage incurred through the Contractors default will be certified by the Engineer and deducted by the Owner from any sums , which would otherwise be due to the Contractor. All parties agree to be bound by engineer's certified cost estimate summary Article 23 . CONTRACTOR' S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work should be stopped under an order of any court , or other public authority for a period of three months , through no act or fault of the Contractor or of anyone employed by him , or if the Engineer should fail to issue any estimate for payment within seven days after it is due , or if the Owner fails to pay the Contractor within ten days of its maturity and presentation , any sum certified by the Engineer or awarded by arbitrators , then the Contractor may , upon seven days written notice to the Owner and the Engineer , stop work or terminate this contract and recover from the GC -6 If the Contractor does not correct such condemned work and material within a reasonable time as fixed by written notice , the Owner may correct it at the expense of such correction . Within ten days thereafter , the Owner may , upon ten days written notice , deduct all the cost and expenses that should have been borne by the Contractor. Article 20 , SUSPENSION OF WORK The Owner may at any time suspend the work , or any part thereof by giving five days notice to the Contractor in writing . The work shall be resumed by the Contractor within ten days after the date fixed in a written notice to resume work from the Owner to the Contractor . The Owner will reimburse the Contractor for expense incurred by the Contractor in connection with the work under this contract as result of such suspension unless the suspension was ordered by the Engineer to enforce the contract or for any violation of the contract . Article 21 . THE OWNERS ' S RIGHT TO DO WORK If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this contract , the Owner , after three days written notice to the Contractor , may , without prejudice to any other remedy he may have , make good such deficiencies at the Contractor' s expense . Article 22 , THE OWNER ' S RIGHT TO TERMINATE CONTRACT If the Contractor should be adjudged a bankrupt , or if he should make a general assignment for the benefit of his creditors , or if a receiver should be appointed on account of his insolvency , or if a writ of garnishment shall be served upon the Owner , seeking to reach funds due or to become due the Contractor , or if the Government of the United States or any state or county shall garnishee , distrain , attach , or seek to reach funds due or to become due the Contractor , or if he should persistently or repeatedly refuse or should fail , except in cases of which extension of time is provided , to supply enough properly skilled workmen or proper materials , or if he should fail to make prompt payment to subcontractors or for material or labor , or persistently disregard laws , ordinances or the aL! thorit,/ of the Engineer, or otherwise be guilty of a substantial violation of any provision of the contract , then the Owner , upon the certificate of the Engineer that sufficient cause exists to justify such action may without prejudice to any other right or remedy and after giving the Contractor seven days written notice , terminate the employment of the Contractor and take possession of the premises and of all materials , tools , and appliances thereon and finish the work by whatever method he may deem expedient . In such case , the Contractor will not be entitled to receive any further payment until the work is finished . If the unpaid balance of the contract price exceeds the expense of finishing the work , including compensation for additional managerial and administrative services , such excess will be paid to the Contractor . If such expense exceeds such unpaid balance , the Contractor shall pay the difference to the Owner . The expense incurred by the Owner as herein provided , and the damage incurred through the Contractors default will be certified by the Engineer and deducted by the Owner from any sums , which would otherwise be due to the Contractor. All parties agree to be bound by engineer's certified cost estimate summary Article 23 . CONTRACTOR' S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work should be stopped under an order of any court , or other public authority for a period of three months , through no act or fault of the Contractor or of anyone employed by him , or if the Engineer should fail to issue any estimate for payment within seven days after it is due , or if the Owner fails to pay the Contractor within ten days of its maturity and presentation , any sum certified by the Engineer or awarded by arbitrators , then the Contractor may , upon seven days written notice to the Owner and the Engineer , stop work or terminate this contract and recover from the GC -6 The Contractor shall pay all royalties and license fees . He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof except that the Owner shall be responsible for all such loss when a particular process or the product of a particular manufacturer or manufacturers is specified , unless the Owner has notified the Contractor prior to the signing of the contract or included in the specifications a provision that there may be a patented process or product included in the project . Article 11 . SURVEYS , PERMITS AND REGULATIONS The Owner will provide a boundary survey " sketch " depicting all property lines , right- of-way lines , easements , etc . , with monumentation , permanent reference points , and bench mark locations depicted . Permits and licenses necessary for the execution of the work shall be secured and paid for by the Contractor . Except those permits listed and included within these documents under the section titled " Regulatory Requirements and Notification/Construction Permits . " Easements for permanent structures or permanent changes in existing facilities will be secured and paid for by the Owner unless otherwise specified . The Contractor shall give all notices and comply with all laws , ordinances , rules and regulations bearing on the conduct of the work as drawn and specified . If the Contractor observes that the drawings and specifications are at variance therewith , he shall notify the Engineer in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work . If the Contractor performs any work knowing it to be contrary to such laws , ordinances , rules and regulations and without such notice to the Engineer , he shall bear all costs arising therefrom . Article 12 . SAFETY AND PROTECTION ; EMERGENCIES The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage , injury or loss to ; all employees on the work and other persons who may be affected thereby , all the work and all materials or equipment to be incorporated therein , whether in storage on or off the site , and other property at the site or adjacent thereto , including trees , shrubs , lawns , walks , pavements , roadway , structures and utilities not designated for removal , relocation or replacement in the course of construction . He shall comply with all applicable safety and building laws and codes of federal , state , municipal and other governmental bodies for the safety of persons or property or to protect them from damage , injury or loss . He shall erect and maintain , as required by the conditions and progress or the work all necessary safeguards for their safety and protection , including posting danger signs and other warnings against hazards , promulgating safety regulations and notifying owners of adjacent utilities . When the use or storage of explosives or other hazardous materials is necessary for the execution of the work , the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of licensed specially qualified personnel . All damage , injury or loss to any such property caused , directly or indirectly , in whole or in part , by the Contractor , any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable , shall be remedied by the Contractor. In emergencies affecting the safety of persons or the work or property at the site or adjacent thereto , the Contractor, without special instruction or authorization from the Engineer or Owner, is obligated to act , at his discretion , to prevent threatened damage , injury or loss . He shall give the Engineer prompt written notice of injury or loss . He shall give the Engineer prompt written notice of any significant changes in the work or GC -3 deviations from the contract documents caused thereby , and a change order shall thereupon be issued covering the changes and deviations involved . If the Contractor believes that additional work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the contract price or an extension of the contract time , he may make a claim therefore as provided in Articles 16 and 18 . Article 13 , ACCESS TO THE WORK : UNCOVERING FINISHED WORK The Engineer and his representatives and other representatives of the Owner will at all times have access to the work . The Contractor shall provide proper facilities for such access and observation of the work or for any examination or testing thereof. Should it be considered necessary or advisable by the Engineer to re-examine any part of the work already fabricated , installed or completed , the Contractor , at the Engineer' s request , shall uncover , expose or otherwise make available for examination or testing that portion of the work in question , furnishing all necessary labor , material and equipment . If it is found that such work does not meet the requirements of the contract documents , the Contractor shall defray all the expenses of such examination and testing and of satisfactory reconstruction . If , however , such work is found to meet the requirements of the contract documents , the Contractor will be allowed an increase in the contract price or extension of the contract time directly attributable to such uncovering , exposure , examination and testing , if he makes a claim therefore as provided in Articles 16 and 18 . Article 14 , SUPERINTENDENCE : SUPERVISION The Contractor shall keep in his work during its progress a competent superintendent and any necessary assistants , all satisfactory to the Engineer . The superintendent shall not be changed except with the consent of the Engineer , unless the superintendent proves to be unsatisfactory to the Contractor and ceases to be in his employment . The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor . Important directions will be confirmed on written request in each case . The Contractor shall give effcient cuper� ision to the work , using his best skill and attention . If in the opinion of the Engineer or the Owner' s Representative , the supervision of the work is inefficient or in any way unsatisfactory , the Contractor shall immediately assign a superintendent to the work who is satisfactory to the Engineer . If the Contractor, in the course of the work , finds any discrepancy between the drawings and the physical conditions of the locality , or any errors or omissions in the drawings or in layout as given by points and instructions , it shall be his duty to immediately inform the Engineer, in writing , and the Engineer will promptly verify the same . Any work done after such discovery , until authorized , will be done at the Contractor' s risk . Neither party shall employ or hire any employees of the other party without his consent . Article 15 . CHANGES IN THE WORK The Owner, without invalidating the contract , may order extra work or make changes by altering , adding to , or deducting from the work , the contract sum being adjusted accordingly . All such work shall be executed under the conditions of the original contract except that any claim for extension of time caused thereby will be adjusted at the time of ordering such change . The Engineer will have authority to make minor changes in the work , not involving extra cost , and not inconsistent with the purpose of the work , but otherwise , except in an emergency endangering life or property , no extra work or change will be made unless in the pursuance of a written order by GC-4 Owner payments for all work executed and any loss sustained upon any plant or materials and reasonable profit and damages . Article 24 , REMOVAL OF EQUIPMENT In the case of annulment of this contract before completion , from any cause whatever , the Contractor, if notified to do so by the Owner, shall promptly remove any part or all of his equipment and supplies from the property of the Owner, failing which the Owner will have the right to remove such equipment and supplies at the expense of the Contractor, and the Owner, failing which the Owner will have the right to remove such equipment and supplies at the expense of the Contractor, and the Owner shall have the right to store such equipment and supplies at the Contractor' s expense . Neither the Owner nor the Engineer shall incur any liability to the Contractor for loss or damage to the supplies and equipment so removed and/or stored . Article 25 , USE OF COMPLETED PORTIONS The Owner will have the right to take possession of and use any completed or partially completed portions of the work , notwithstanding the fact that the time for completing the entire work or such portions may not have expired , but such taking possession and use will not be deemed an acceptance of any work not completed in accordance with the contract documents . If such prior use increases the cost of or delays the work, the Contractor will be entitled to such extra compensation , or extension of time , or both , as the Engineer may determine . Article 26 . PAYMENTS WITHHELD The Owner may withhold or, on account of subsequently discovered evidence , nullify the whole or a part of any certificate to such an extent as may be necessary to protect himself from loss on account of: (A) Defective work not remedied . ( B) Claims filed or reasonable evidence indicating probable filing of claims . (C) Failure on the Contractor to make payments properly to subcontractor or for material or labor. ( D) The Owner' s opinion that the contract cannot be completed for the balance then unpaid . ( E) Damage to another contractor. ( F) Failure to maintain adequate progress . When the above grounds are removed , payment will be made for amounts withheld because of them . Article 27 . LIABILITY INSURANCE REQUIREMENTS Public Liability Insurance: The contractor shall procure and maintain broad form commercial general liability insurance ( including contractual coverage ) and commercial automobile liability insurance in amounts not less than shown below , The owner shall be an additional named insured on this insurance on this insurance with respect to all claims arising out of the operations or work to be performed . Commercial General Commercial General ( Public ) Liability, other than A. Premises / Operations Automobile 8 . Independent Contractors C . Products / Completed Operations $1 , 000 , 000.00 Combined single limit for Bodily Injury D . Personal Injury and Property Damage E . Contractual Liability F . Explosion , Collapses,- and Underground Property Damage Automobile A. Owner Leased Automobiles $ 1 ,000, 000.00 Combined single limit Bodily Injury B . Non-Owned Automobiles and Damage Liability C . Hire Automobiles Proof of Carriage of Insurance: The contractor shall furnish the owner a certificate of insurance in a form acceptable to the owner for the insurance required . Such certificate or an endorsement provided by the contractor must state that the owner will be given thirty (30 ) days written notice prior to cancellation or material change in coverage . Copies of an endorsement-naming owner as Additional Name Insured must accompany the Certificate of Insurance . GC =7 Owner payments for all work executed and any loss sustained upon any plant or materials and reasonable profit and damages . Article 24 , REMOVAL OF EQUIPMENT In the case of annulment of this contract before completion , from any cause whatever , the Contractor, if notified to do so by the Owner, shall promptly remove any part or all of his equipment and supplies from the property of the Owner, failing which the Owner will have the right to remove such equipment and supplies at the expense of the Contractor, and the Owner, failing which the Owner will have the right to remove such equipment and supplies at the expense of the Contractor, and the Owner shall have the right to store such equipment and supplies at the Contractor' s expense . Neither the Owner nor the Engineer shall incur any liability to the Contractor for loss or damage to the supplies and equipment so removed and/or stored . Article 25 , USE OF COMPLETED PORTIONS The Owner will have the right to take possession of and use any completed or partially completed portions of the work , notwithstanding the fact that the time for completing the entire work or such portions may not have expired , but such taking possession and use will not be deemed an acceptance of any work not completed in accordance with the contract documents . If such prior use increases the cost of or delays the work, the Contractor will be entitled to such extra compensation , or extension of time , or both , as the Engineer may determine . Article 26 . PAYMENTS WITHHELD The Owner may withhold or, on account of subsequently discovered evidence , nullify the whole or a part of any certificate to such an extent as may be necessary to protect himself from loss on account of: (A) Defective work not remedied . ( B) Claims filed or reasonable evidence indicating probable filing of claims . (C) Failure on the Contractor to make payments properly to subcontractor or for material or labor. ( D) The Owner' s opinion that the contract cannot be completed for the balance then unpaid . ( E) Damage to another contractor. ( F) Failure to maintain adequate progress . When the above grounds are removed , payment will be made for amounts withheld because of them . Article 27 . LIABILITY INSURANCE REQUIREMENTS Public Liability Insurance: The contractor shall procure and maintain broad form commercial general liability insurance ( including contractual coverage ) and commercial automobile liability insurance in amounts not less than shown below , The owner shall be an additional named insured on this insurance on this insurance with respect to all claims arising out of the operations or work to be performed . Commercial General Commercial General ( Public ) Liability, other than A. Premises / Operations Automobile 8 . Independent Contractors C . Products / Completed Operations $1 , 000 , 000.00 Combined single limit for Bodily Injury D . Personal Injury and Property Damage E . Contractual Liability F . Explosion , Collapses,- and Underground Property Damage Automobile A. Owner Leased Automobiles $ 1 ,000, 000.00 Combined single limit Bodily Injury B . Non-Owned Automobiles and Damage Liability C . Hire Automobiles Proof of Carriage of Insurance: The contractor shall furnish the owner a certificate of insurance in a form acceptable to the owner for the insurance required . Such certificate or an endorsement provided by the contractor must state that the owner will be given thirty (30 ) days written notice prior to cancellation or material change in coverage . Copies of an endorsement-naming owner as Additional Name Insured must accompany the Certificate of Insurance . GC =7 Article 28 , INDEMNIFICATION The contractor shall indemnify and save harmless the County , its officers , agents and employees from any injuries or damages received by any person during any operations connected with the construction project , by use of any improper materials , or by an act or omission of the Contractor or his subcontractor , agents , servants or employees . This pni Engineer' s employees , as their interests may appear , with limits of $ 300 , 000 for each person , $ 500 , 000 each incident for bodily injury or death and $ 50 , 000 for property damage , and will otect the Owner , the Engineer and the Engineer' s employees from liability for the acts and omi ions of the Contractor , any of his subcontractors , servants , agents or employees under this c tract . Certificates of such insurance shall be delivered to the Owner and Engineer before commencement of any of the work . The insurance policy shall contain a provisi that the same shall not be canceled without first giving both the Owner and the Engineer to days notice in writing . With reference to Chapter 72 - 52 , Laws of Florida 1972 , the specific co iderations for the Contractor' s promises as contained in this Article are : (A) One dollar ( $ 1 . 00 ) in hand paid by the Owner , the Engin r , and the Engineer' s employees to the Contractor , receipt whereof is hereby acknowledged a the adequacy of which the Contractor accepts as completely fulfilling the obligations of the O er , the Engineer , and the Engineer' s employees under Chapter 72 - 52 , Laws of Florida 19 , and ; ( B ) The entry of the Owner and the Contracto nto the construction contract because , but for the Contractor' s promises as contained in this icle , the Owner would not have entered into the construction contract with the Contracto . Article 29 , BUILDER ' S RISK INS ANCE The Contractor at his own cost nd expense shall secure and maintain throughout the execution of the work , and until the full a eptance thereof by the Owner , policies of builder' s risk insurance Z fire and extend coverage , vandalism and malicious mischief, as will protect the tor , Owner an ngineer and payable to the Owner for the benefit of the Contractor , the nd the En eer , as their respective interests may appear . Certificates of such insurance deliver by the Contractor to the Owner and to the Engineer before the commencement f the ork . These insurance policies shall contain a provision to the effect that the same canceled without first giving the Owner and Engineer thirty days notice in writing . This shall not release the Contractor of his obligation to complete , according to plans and tions , the project covered by the contract , and the Contractor and his surety shall be GC - 8 Article 28 , INDEMNIFICATION The contractor shall indemnify and save harmless the County , its officers , agents and employees from any injuries or damages received by any person during any operations connected with the construction project , by use of any improper materials , or by an act or omission of the Contractor or his subcontractor , agents , servants or employees . This pni Engineer' s employees , as their interests may appear , with limits of $ 300 , 000 for each person , $ 500 , 000 each incident for bodily injury or death and $ 50 , 000 for property damage , and will otect the Owner , the Engineer and the Engineer' s employees from liability for the acts and omi ions of the Contractor , any of his subcontractors , servants , agents or employees under this c tract . Certificates of such insurance shall be delivered to the Owner and Engineer before commencement of any of the work . The insurance policy shall contain a provisi that the same shall not be canceled without first giving both the Owner and the Engineer to days notice in writing . With reference to Chapter 72 - 52 , Laws of Florida 1972 , the specific co iderations for the Contractor' s promises as contained in this Article are : (A) One dollar ( $ 1 . 00 ) in hand paid by the Owner , the Engin r , and the Engineer' s employees to the Contractor , receipt whereof is hereby acknowledged a the adequacy of which the Contractor accepts as completely fulfilling the obligations of the O er , the Engineer , and the Engineer' s employees under Chapter 72 - 52 , Laws of Florida 19 , and ; ( B ) The entry of the Owner and the Contracto nto the construction contract because , but for the Contractor' s promises as contained in this icle , the Owner would not have entered into the construction contract with the Contracto . Article 29 , BUILDER ' S RISK INS ANCE The Contractor at his own cost nd expense shall secure and maintain throughout the execution of the work , and until the full a eptance thereof by the Owner , policies of builder' s risk insurance Z fire and extend coverage , vandalism and malicious mischief, as will protect the tor , Owner an ngineer and payable to the Owner for the benefit of the Contractor , the nd the En eer , as their respective interests may appear . Certificates of such insurance deliver by the Contractor to the Owner and to the Engineer before the commencement f the ork . These insurance policies shall contain a provision to the effect that the same canceled without first giving the Owner and Engineer thirty days notice in writing . This shall not release the Contractor of his obligation to complete , according to plans and tions , the project covered by the contract , and the Contractor and his surety shall be GC - 8 the Engineer and owner , and no claim for an addition to the contract sum will be valid unless so ordered in writing . The value of any such extra work or change will be determined in one or more of the following ways : (A) By estimate and acceptance in a lump sum . ( B ) By unit prices named in the contract or subsequently agreed upon . ( C ) By cost and percentage or by cost and a fixed fee . If none of the above methods is agreed upon , the Contractor , provided he receives an order as above , shall proceed with the work . In such case and also under case (C ) he shall keep and present in such form as the Engineer may direct , a correct account of the net cost of labor and materials , together with vouchers . In any case , the Engineer will certify to the amount , including reasonable allowances for overhead and profit , due to the Contractor . Pending final determination of value , payments on account of changes will be made on the Engineer' s estimate . Article 16 . CLAIMS EXTRA COST If the Contractor claims that any instructions by drawings or otherwise involve extra costs under this contract , he shall give the Engineer written notice thereof within 10 days after the receipt of such instructions , and in any event before proceeding to execute the work , except in emergency endangering life or property , and the procedure shall then be as provided in Article 15 " Changes in the Work" . Claims will not be processed unless filed in writing before any work is commenced . Article 17 . DEDUCTIONS FOR UNCORRECTED WORK If the Engineer deems it expedient to correct work injured or done not in accordance with the contract , an equitable deduction from the contract price will be made therefore . Article 18 . DELAYS AND EXTENSION OF TIME If the Contractor is delayed at any time , in the progress of the work by an act or neglect of the Owner or of his employees , or by any other contractor employed by the Owner , or by changes ordered in the work or by strikes , lockouts , fire , unusual delay in transportation , unavoidable casualties or any causes beyond the Contractor' s control , or by delay authorized by the Engineer pending arbitration , or by any cause which the Engineer may decide to justify the delay , then the time of completion will be extended for such reasonable time as the Engineer may decide . No such extension will be made for delay occurring more than seven days before claim is made in writing to the Engineer . In the case of a continuing cause or delay , only one claim is necessary . If no schedule or agreement stating the dates upon which drawings shall be furnished is made , then no claim for delay will be allowed on account of failure to furnish drawings until two weeks after demand for such drawings and not then unless such claim be reasonable . This article does not exclude the recovery of damages for delay by either party under other provisions in the contract documents . Article 19 . CORRECTION OF WORK BEFORE FINAL PAYMENTS The Contractor shall promptly correct all work condemned by the Engineer as failing to conform to the contract and shall promptly replace and re-execute his own work in accordance with the contract and without expense to the Owner and shall bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement . GC-5 If the Contractor does not correct such condemned work and material within a reasonable time as fixed by written notice , the Owner may correct it at the expense of such correction . Within ten days thereafter , the Owner may , upon ten days written notice , deduct all the cost and expenses that should have been borne by the Contractor. Article 20 , SUSPENSION OF WORK The Owner may at any time suspend the work , or any part thereof by giving five days notice to the Contractor in writing . The work shall be resumed by the Contractor within ten days after the date fixed in a written notice to resume work from the Owner to the Contractor . The Owner will reimburse the Contractor for expense incurred by the Contractor in connection with the work under this contract as result of such suspension unless the suspension was ordered by the Engineer to enforce the contract or for any violation of the contract . Article 21 . THE OWNERS ' S RIGHT TO DO WORK If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this contract , the Owner , after three days written notice to the Contractor , may , without prejudice to any other remedy he may have , make good such deficiencies at the Contractor' s expense . Article 22 , THE OWNER ' S RIGHT TO TERMINATE CONTRACT If the Contractor should be adjudged a bankrupt , or if he should make a general assignment for the benefit of his creditors , or if a receiver should be appointed on account of his insolvency , or if a writ of garnishment shall be served upon the Owner , seeking to reach funds due or to become due the Contractor , or if the Government of the United States or any state or county shall garnishee , distrain , attach , or seek to reach funds due or to become due the Contractor , or if he should persistently or repeatedly refuse or should fail , except in cases of which extension of time is provided , to supply enough properly skilled workmen or proper materials , or if he should fail to make prompt payment to subcontractors or for material or labor , or persistently disregard laws , ordinances or the aL! thorit,/ of the Engineer, or otherwise be guilty of a substantial violation of any provision of the contract , then the Owner , upon the certificate of the Engineer that sufficient cause exists to justify such action may without prejudice to any other right or remedy and after giving the Contractor seven days written notice , terminate the employment of the Contractor and take possession of the premises and of all materials , tools , and appliances thereon and finish the work by whatever method he may deem expedient . In such case , the Contractor will not be entitled to receive any further payment until the work is finished . If the unpaid balance of the contract price exceeds the expense of finishing the work , including compensation for additional managerial and administrative services , such excess will be paid to the Contractor . If such expense exceeds such unpaid balance , the Contractor shall pay the difference to the Owner . The expense incurred by the Owner as herein provided , and the damage incurred through the Contractors default will be certified by the Engineer and deducted by the Owner from any sums , which would otherwise be due to the Contractor. All parties agree to be bound by engineer's certified cost estimate summary Article 23 . CONTRACTOR' S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work should be stopped under an order of any court , or other public authority for a period of three months , through no act or fault of the Contractor or of anyone employed by him , or if the Engineer should fail to issue any estimate for payment within seven days after it is due , or if the Owner fails to pay the Contractor within ten days of its maturity and presentation , any sum certified by the Engineer or awarded by arbitrators , then the Contractor may , upon seven days written notice to the Owner and the Engineer , stop work or terminate this contract and recover from the GC -6 Article 30 . GUARANTY BONDS The Owner will have the right , prior to the signing of the contract , to require the Contractor to furnish bond covering his faithful performance of the contract and the payment of all obligations arising thereunder , in such forms as the Owner may prescribed and with such sureties as he may approve . Premium for such bond if required , shall be paid by the owner . Article 31 . DAMAGES Any claim for damage arising under this contract shall be made in writing to the party liable within ten days after the first observance of such damage and not later than the time of final payment , except as expressly stipulated otherwise in the case of faulty work or materials . Article 32 , LIENS Anything contained in any of the contract documents notwithstanding , all progress payments and the final payment shall be paid by the Owner to the Contractor in compliance with the provisions of Chapter 713 , Florida Statutes . The Owner shall withhold ten percent of the amount of each progress payment . The last payment due under the contract shall be paid by the Owner to the Contractor only after the Contractor has furnished the Owner with a final affidavit as required by Section 713 . 06 ( 3 ) (d ) Florida Statutes stating that all persons , firms or corporations who have furnished labor or materials , employed directly or indirectly in the work , have been paid in full , and in addition , before the Contractor shall have the right to receive the final payment due under the contract , the Contractor shall furnish the Owner with full release of liens from all persons giving notice as defined in Section 713 . 01 ( 19 ) Florida Statutes , and from all lienors recording claims of lien , and from all persons , firms or corporations who have performed or furnished labor , services or materials , directly or indirectly , used in the work . The Owner shall have the right to demand and receive from the Contractor before he shall receive any progress payment , receipted bills showing payment in full for all labor , services and materials incorporated into the work , for the period of time for which the progress payment is due . Likewise , as a condition to receiving any progress payment , the Owner may require the Contractor to furnish partial releases of lien executed by all persons , firms and corporations who have furnished labor , services or materials incorporated into the work during the period of time for which the progress payment is due , releasing such lien rights as these persons , firms or corporations may have for that period . If any of the laborers , subcontractors or material men shall serve upon the Owner a " Notice to Owner" or shall otherwise put the owner on notice that they are owed and unpaid money by the Contractor , the Owner shall have the right to pay these persons directly in the manner provided by the aforesaid Mechanic' s Lien Law , and the Owner shall receive a credit therefore upon the contract price accordingly . The Contractor does hereby release , remise and quit claim any and all rights he would have otherwise enjoyed to perfect a Mechanic' s Lien or any other type of statutory common law or equitable lien against the job . Article 33 . ASSIGNMENT Neither party to the contract shall assign the contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any monies due or to become due to him hereunder, without the written consent of the Owner. Any attempt by the Contractor to assign this contract or any of the monies which may become payable hereunder, in whole or part , without the written consent of the Owner, shall be ineffective and shall vest no rights in the assignee . GC-9 Article 30 . GUARANTY BONDS The Owner will have the right , prior to the signing of the contract , to require the Contractor to furnish bond covering his faithful performance of the contract and the payment of all obligations arising thereunder , in such forms as the Owner may prescribed and with such sureties as he may approve . Premium for such bond if required , shall be paid by the owner . Article 31 . DAMAGES Any claim for damage arising under this contract shall be made in writing to the party liable within ten days after the first observance of such damage and not later than the time of final payment , except as expressly stipulated otherwise in the case of faulty work or materials . Article 32 , LIENS Anything contained in any of the contract documents notwithstanding , all progress payments and the final payment shall be paid by the Owner to the Contractor in compliance with the provisions of Chapter 713 , Florida Statutes . The Owner shall withhold ten percent of the amount of each progress payment . The last payment due under the contract shall be paid by the Owner to the Contractor only after the Contractor has furnished the Owner with a final affidavit as required by Section 713 . 06 ( 3 ) (d ) Florida Statutes stating that all persons , firms or corporations who have furnished labor or materials , employed directly or indirectly in the work , have been paid in full , and in addition , before the Contractor shall have the right to receive the final payment due under the contract , the Contractor shall furnish the Owner with full release of liens from all persons giving notice as defined in Section 713 . 01 ( 19 ) Florida Statutes , and from all lienors recording claims of lien , and from all persons , firms or corporations who have performed or furnished labor , services or materials , directly or indirectly , used in the work . The Owner shall have the right to demand and receive from the Contractor before he shall receive any progress payment , receipted bills showing payment in full for all labor , services and materials incorporated into the work , for the period of time for which the progress payment is due . Likewise , as a condition to receiving any progress payment , the Owner may require the Contractor to furnish partial releases of lien executed by all persons , firms and corporations who have furnished labor , services or materials incorporated into the work during the period of time for which the progress payment is due , releasing such lien rights as these persons , firms or corporations may have for that period . If any of the laborers , subcontractors or material men shall serve upon the Owner a " Notice to Owner" or shall otherwise put the owner on notice that they are owed and unpaid money by the Contractor , the Owner shall have the right to pay these persons directly in the manner provided by the aforesaid Mechanic' s Lien Law , and the Owner shall receive a credit therefore upon the contract price accordingly . The Contractor does hereby release , remise and quit claim any and all rights he would have otherwise enjoyed to perfect a Mechanic' s Lien or any other type of statutory common law or equitable lien against the job . Article 33 . ASSIGNMENT Neither party to the contract shall assign the contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any monies due or to become due to him hereunder, without the written consent of the Owner. Any attempt by the Contractor to assign this contract or any of the monies which may become payable hereunder, in whole or part , without the written consent of the Owner, shall be ineffective and shall vest no rights in the assignee . GC-9 Article 34 . RIGHTS OF VARIOUS INTERESTS Wherever work being done by the Owner' s forces or by the other contractors is contiguous to work covered by this contract , the respective rights of the various interests involved will be established by the Owner and Engineer , to secure the completion of the various portions of the work in general harmony . Article 35 , SEPARATE CONTRACTS The Owner reserves the right to let other contracts in connection with this work . The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their materials and the execution of their work , and shall properly conduct and coordinate his work with theirs . If any part of the Contractor' s work demands , for proper execution or results upon the work of any other contractor , the Contractor shall inspect and promptly report to the Engineer any defects in such work that render it unsuitable for such proper execution and results . His failure to inspect and report shall constitute an acceptance of the other contractor' s work as fit and proper for the reception of his work , except as to defects which may develop in the other contractor' s work after the execution of the work . To insure the proper execution of this subsequent work , the Contractor shall measure work already in place and shall at once report to the Engineer any discrepancy between the executed work and the drawings . Article 36 . SUBCONTRACTS The Contractor shall submit the names of subcontractors proposed for the work , along with the sealed proposal , and shall not employ subcontractors , unless they are accepted by the Engineer . The Contractor agrees that he is as fully responsible to the Owner for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them , as he is for the acts and omissions of persons directly employed by him . Nothing contained in the contract documents shall create any contractual relationship between any subcontractors and the Owner . Article 37 . CONSTRUCTION STAKE -OUT/CONTROL POINTS Stake-out shall be provided for as outlined in the special provisions . Article 38 , ENGINEER' S STATUS DURING CONSTRUCTION The Engineer will be the Owner' s representative during the construction period . All instructions of the Owner to the Contractor shall be issued through the Engineer . The duties and responsibilities and the limitations of authority of the Engineer as the Owner' s representative during construction are set forth in Articles 1 through 42 of these General Conditions and shall not be extended without written consent of the Owner and the Engineer. The Owner may employ a personal representative during the construction . The representative shall not instruct the Contractor as to project specifications that could conflict with the approved plans , without prior consent from the Engineer . He shall make periodic visits to the site to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the contract documents . He will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the work , nor will he be responsible for the techniques or sequences of construction , or GC- 10 Article 34 . RIGHTS OF VARIOUS INTERESTS Wherever work being done by the Owner' s forces or by the other contractors is contiguous to work covered by this contract , the respective rights of the various interests involved will be established by the Owner and Engineer , to secure the completion of the various portions of the work in general harmony . Article 35 , SEPARATE CONTRACTS The Owner reserves the right to let other contracts in connection with this work . The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their materials and the execution of their work , and shall properly conduct and coordinate his work with theirs . If any part of the Contractor' s work demands , for proper execution or results upon the work of any other contractor , the Contractor shall inspect and promptly report to the Engineer any defects in such work that render it unsuitable for such proper execution and results . His failure to inspect and report shall constitute an acceptance of the other contractor' s work as fit and proper for the reception of his work , except as to defects which may develop in the other contractor' s work after the execution of the work . To insure the proper execution of this subsequent work , the Contractor shall measure work already in place and shall at once report to the Engineer any discrepancy between the executed work and the drawings . Article 36 . SUBCONTRACTS The Contractor shall submit the names of subcontractors proposed for the work , along with the sealed proposal , and shall not employ subcontractors , unless they are accepted by the Engineer . The Contractor agrees that he is as fully responsible to the Owner for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them , as he is for the acts and omissions of persons directly employed by him . Nothing contained in the contract documents shall create any contractual relationship between any subcontractors and the Owner . Article 37 . CONSTRUCTION STAKE -OUT/CONTROL POINTS Stake-out shall be provided for as outlined in the special provisions . Article 38 , ENGINEER' S STATUS DURING CONSTRUCTION The Engineer will be the Owner' s representative during the construction period . All instructions of the Owner to the Contractor shall be issued through the Engineer . The duties and responsibilities and the limitations of authority of the Engineer as the Owner' s representative during construction are set forth in Articles 1 through 42 of these General Conditions and shall not be extended without written consent of the Owner and the Engineer. The Owner may employ a personal representative during the construction . The representative shall not instruct the Contractor as to project specifications that could conflict with the approved plans , without prior consent from the Engineer . He shall make periodic visits to the site to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the contract documents . He will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the work , nor will he be responsible for the techniques or sequences of construction , or GC- 10 Owner payments for all work executed and any loss sustained upon any plant or materials and reasonable profit and damages . Article 24 , REMOVAL OF EQUIPMENT In the case of annulment of this contract before completion , from any cause whatever , the Contractor, if notified to do so by the Owner, shall promptly remove any part or all of his equipment and supplies from the property of the Owner, failing which the Owner will have the right to remove such equipment and supplies at the expense of the Contractor, and the Owner, failing which the Owner will have the right to remove such equipment and supplies at the expense of the Contractor, and the Owner shall have the right to store such equipment and supplies at the Contractor' s expense . Neither the Owner nor the Engineer shall incur any liability to the Contractor for loss or damage to the supplies and equipment so removed and/or stored . Article 25 , USE OF COMPLETED PORTIONS The Owner will have the right to take possession of and use any completed or partially completed portions of the work , notwithstanding the fact that the time for completing the entire work or such portions may not have expired , but such taking possession and use will not be deemed an acceptance of any work not completed in accordance with the contract documents . If such prior use increases the cost of or delays the work, the Contractor will be entitled to such extra compensation , or extension of time , or both , as the Engineer may determine . Article 26 . PAYMENTS WITHHELD The Owner may withhold or, on account of subsequently discovered evidence , nullify the whole or a part of any certificate to such an extent as may be necessary to protect himself from loss on account of: (A) Defective work not remedied . ( B) Claims filed or reasonable evidence indicating probable filing of claims . (C) Failure on the Contractor to make payments properly to subcontractor or for material or labor. ( D) The Owner' s opinion that the contract cannot be completed for the balance then unpaid . ( E) Damage to another contractor. ( F) Failure to maintain adequate progress . When the above grounds are removed , payment will be made for amounts withheld because of them . Article 27 . LIABILITY INSURANCE REQUIREMENTS Public Liability Insurance: The contractor shall procure and maintain broad form commercial general liability insurance ( including contractual coverage ) and commercial automobile liability insurance in amounts not less than shown below , The owner shall be an additional named insured on this insurance on this insurance with respect to all claims arising out of the operations or work to be performed . Commercial General Commercial General ( Public ) Liability, other than A. Premises / Operations Automobile 8 . Independent Contractors C . Products / Completed Operations $1 , 000 , 000.00 Combined single limit for Bodily Injury D . Personal Injury and Property Damage E . Contractual Liability F . Explosion , Collapses,- and Underground Property Damage Automobile A. Owner Leased Automobiles $ 1 ,000, 000.00 Combined single limit Bodily Injury B . Non-Owned Automobiles and Damage Liability C . Hire Automobiles Proof of Carriage of Insurance: The contractor shall furnish the owner a certificate of insurance in a form acceptable to the owner for the insurance required . Such certificate or an endorsement provided by the contractor must state that the owner will be given thirty (30 ) days written notice prior to cancellation or material change in coverage . Copies of an endorsement-naming owner as Additional Name Insured must accompany the Certificate of Insurance . GC =7 Article 28 , INDEMNIFICATION The contractor shall indemnify and save harmless the County , its officers , agents and employees from any injuries or damages received by any person during any operations connected with the construction project , by use of any improper materials , or by an act or omission of the Contractor or his subcontractor , agents , servants or employees . This pni Engineer' s employees , as their interests may appear , with limits of $ 300 , 000 for each person , $ 500 , 000 each incident for bodily injury or death and $ 50 , 000 for property damage , and will otect the Owner , the Engineer and the Engineer' s employees from liability for the acts and omi ions of the Contractor , any of his subcontractors , servants , agents or employees under this c tract . Certificates of such insurance shall be delivered to the Owner and Engineer before commencement of any of the work . The insurance policy shall contain a provisi that the same shall not be canceled without first giving both the Owner and the Engineer to days notice in writing . With reference to Chapter 72 - 52 , Laws of Florida 1972 , the specific co iderations for the Contractor' s promises as contained in this Article are : (A) One dollar ( $ 1 . 00 ) in hand paid by the Owner , the Engin r , and the Engineer' s employees to the Contractor , receipt whereof is hereby acknowledged a the adequacy of which the Contractor accepts as completely fulfilling the obligations of the O er , the Engineer , and the Engineer' s employees under Chapter 72 - 52 , Laws of Florida 19 , and ; ( B ) The entry of the Owner and the Contracto nto the construction contract because , but for the Contractor' s promises as contained in this icle , the Owner would not have entered into the construction contract with the Contracto . Article 29 , BUILDER ' S RISK INS ANCE The Contractor at his own cost nd expense shall secure and maintain throughout the execution of the work , and until the full a eptance thereof by the Owner , policies of builder' s risk insurance Z fire and extend coverage , vandalism and malicious mischief, as will protect the tor , Owner an ngineer and payable to the Owner for the benefit of the Contractor , the nd the En eer , as their respective interests may appear . Certificates of such insurance deliver by the Contractor to the Owner and to the Engineer before the commencement f the ork . These insurance policies shall contain a provision to the effect that the same canceled without first giving the Owner and Engineer thirty days notice in writing . This shall not release the Contractor of his obligation to complete , according to plans and tions , the project covered by the contract , and the Contractor and his surety shall be GC - 8 the safety precautions incident thereto . He will not be responsible for the Contractor' s failure to perform the work in accordance with the contract documents . During such visits and on the basis of his on - site observations as an experienced and qualified design professional , he will keep the Owner informed of the work , and will endeavor to guard the Owner against defects and deficiencies in the work of contractors and may disapprove work as failing to conform to the contract documents . Whenever he considers it necessary or advisable to insure the proper carrying out of the intent of the contract documents , the Engineer shall have authority to require the Contractor to stop the work , or to require special examination or testing of the work (whether or not fabricated , installed or completed ) , but this authority shall not give rise to any duty or responsibility of the Engineer to the Contractor , the subcontractors or any of their agents or employees to do so . If the Owner and Engineer agree , the Engineer will provide one or more full -time resident project representatives to assist the Engineer in carrying out his responsibilities at the site . The duties , responsibilities , and limitation of authority of any such resident project representative shall be as set forth in an exhibit to be incorporated in the contract documents . Article 39 . ENGINEER ' S DECISIONS The Engineer will , within a reasonable time after their presentation to him , make decisions in writing on all claims of the Owner or the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the contract . Article 40 . MEDIATION (A ) Demand for mediation : Any decision of the Engineer , which is subject to mediation , shall be submitted to mediation upon the demand of either party to the dispute . The Contractor shall not cause a delay of the work because of the pendency of mediation proceedings , except with the written permission of the Engineer , and then only until the mediator has an opportunity to determine whether or not the work shall continue until they decide the matters in dispute . The demand for mediation shall be delivered in writing to the Engineer and the adverse party , either personally or by registered mail to the last known address of each , within ten days of the receipt of the Engineer's decision , and in no case after final payment has been accepted . If the Engineer fails to make a decision within thirty days , a demand for mediation may be made as if his decision has been rendered against the demanding party . ( B ) Mediator : No one shall be nominated or act as a mediator who is in any way financially interested in this contract ; or in the business affairs of the Owner , or the Contractor, or the Engineer , or otherwise connected with any of them . The mediator shall be a person familiar with the nature of the work or the problem involved in the dispute submitted for mediation . The parties may agree upon one arbitrator. MAI the safety precautions incident thereto . He will not be responsible for the Contractor' s failure to perform the work in accordance with the contract documents . During such visits and on the basis of his on - site observations as an experienced and qualified design professional , he will keep the Owner informed of the work , and will endeavor to guard the Owner against defects and deficiencies in the work of contractors and may disapprove work as failing to conform to the contract documents . Whenever he considers it necessary or advisable to insure the proper carrying out of the intent of the contract documents , the Engineer shall have authority to require the Contractor to stop the work , or to require special examination or testing of the work (whether or not fabricated , installed or completed ) , but this authority shall not give rise to any duty or responsibility of the Engineer to the Contractor , the subcontractors or any of their agents or employees to do so . If the Owner and Engineer agree , the Engineer will provide one or more full -time resident project representatives to assist the Engineer in carrying out his responsibilities at the site . The duties , responsibilities , and limitation of authority of any such resident project representative shall be as set forth in an exhibit to be incorporated in the contract documents . Article 39 . ENGINEER ' S DECISIONS The Engineer will , within a reasonable time after their presentation to him , make decisions in writing on all claims of the Owner or the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the contract . Article 40 . MEDIATION (A ) Demand for mediation : Any decision of the Engineer , which is subject to mediation , shall be submitted to mediation upon the demand of either party to the dispute . The Contractor shall not cause a delay of the work because of the pendency of mediation proceedings , except with the written permission of the Engineer , and then only until the mediator has an opportunity to determine whether or not the work shall continue until they decide the matters in dispute . The demand for mediation shall be delivered in writing to the Engineer and the adverse party , either personally or by registered mail to the last known address of each , within ten days of the receipt of the Engineer's decision , and in no case after final payment has been accepted . If the Engineer fails to make a decision within thirty days , a demand for mediation may be made as if his decision has been rendered against the demanding party . ( B ) Mediator : No one shall be nominated or act as a mediator who is in any way financially interested in this contract ; or in the business affairs of the Owner , or the Contractor, or the Engineer , or otherwise connected with any of them . The mediator shall be a person familiar with the nature of the work or the problem involved in the dispute submitted for mediation . The parties may agree upon one arbitrator. MAI AAA VO I to the Engineer, either personally or by registered mail to the last known address of each , of the time and place for the beginning of the hearings of the matters submitted to them . Each party ay submit to the arbitrators such evidence and argument as he may desire , and the arbitrators ay consider pertinent . The arbitrators shall , however, be the judges of all matters of laws an act relating to both the subject matters of and the procedure during arbitration and shall n e found by technical rules of law or procedure . They may hear evidence in whatever form they desire . The parties may be rep r ented before them by such persons as each may select , subject to the disciplinary power a arbitrators if such representative shall interfere with the orderly or speedy conduct of th roceedings . Each party and the Engineer shall supply the arbitrators with such pa and information as they may demand , or with any witness whose movements are subject to eir respective control , and upon refusal or neglect to comply with such demands the arbitra may render their decision without the evidence which might have been elicited therefro d the absence of such evidence shall afford no grounds for challenge of the award by the pa refusing or neglecting to comply with such demand . The submission to arbitration (the statement of the ers in dispute between the parties to be passed upon by the arbitrators) shall be in writing y acknowledged before a notary. Unless waived i � writing by both partles to the arbitratio he arbitrators , before hearing the testimony, shall be sworn in by an officer authorized by I to administer an oath , faithfully and fairly to hear and examine the matters in controversy an make a just award according to the best of their understanding . The arbitrators , if they deem the ca demands It , are authorized to award to the party, whose contention is sustained , such su s they shall consider proper for the time , expense and trouble incident to the arbitration , and i e arbitration was demanded without reasonable cause , damages for delay and other sses . The arbitrators shall fix their own compensation unless otherwise provided by agr ent and shall assess the costs and charges of the arbitration upon either or both parties . T award of the arbitrators shall be in writing and acknowledged like a deed to be recorded , d a duplicate shall be delivered personally or by registered mail , forthwith upon its rendition t ach of the parties to the controversy and to the Engineer. The award of arbitrators shall not be open to objections on account of the form of the proceeding the award , unless otherwise provided by the controlling statutes . In the nt of such statutes providing on any matter covered by this article otherwise than as here ' afore specified , the method or procedure throughout and the legal effect of the award shall be olly in accord with said statues, it being the intention hereby to lay down a principle of action e followed , leaving its local application to be adapted to the legal requirements of the GC- 12 AAA VO I to the Engineer, either personally or by registered mail to the last known address of each , of the time and place for the beginning of the hearings of the matters submitted to them . Each party ay submit to the arbitrators such evidence and argument as he may desire , and the arbitrators ay consider pertinent . The arbitrators shall , however, be the judges of all matters of laws an act relating to both the subject matters of and the procedure during arbitration and shall n e found by technical rules of law or procedure . They may hear evidence in whatever form they desire . The parties may be rep r ented before them by such persons as each may select , subject to the disciplinary power a arbitrators if such representative shall interfere with the orderly or speedy conduct of th roceedings . Each party and the Engineer shall supply the arbitrators with such pa and information as they may demand , or with any witness whose movements are subject to eir respective control , and upon refusal or neglect to comply with such demands the arbitra may render their decision without the evidence which might have been elicited therefro d the absence of such evidence shall afford no grounds for challenge of the award by the pa refusing or neglecting to comply with such demand . The submission to arbitration (the statement of the ers in dispute between the parties to be passed upon by the arbitrators) shall be in writing y acknowledged before a notary. Unless waived i � writing by both partles to the arbitratio he arbitrators , before hearing the testimony, shall be sworn in by an officer authorized by I to administer an oath , faithfully and fairly to hear and examine the matters in controversy an make a just award according to the best of their understanding . The arbitrators , if they deem the ca demands It , are authorized to award to the party, whose contention is sustained , such su s they shall consider proper for the time , expense and trouble incident to the arbitration , and i e arbitration was demanded without reasonable cause , damages for delay and other sses . The arbitrators shall fix their own compensation unless otherwise provided by agr ent and shall assess the costs and charges of the arbitration upon either or both parties . T award of the arbitrators shall be in writing and acknowledged like a deed to be recorded , d a duplicate shall be delivered personally or by registered mail , forthwith upon its rendition t ach of the parties to the controversy and to the Engineer. The award of arbitrators shall not be open to objections on account of the form of the proceeding the award , unless otherwise provided by the controlling statutes . In the nt of such statutes providing on any matter covered by this article otherwise than as here ' afore specified , the method or procedure throughout and the legal effect of the award shall be olly in accord with said statues, it being the intention hereby to lay down a principle of action e followed , leaving its local application to be adapted to the legal requirements of the GC- 12 Article 30 . GUARANTY BONDS The Owner will have the right , prior to the signing of the contract , to require the Contractor to furnish bond covering his faithful performance of the contract and the payment of all obligations arising thereunder , in such forms as the Owner may prescribed and with such sureties as he may approve . Premium for such bond if required , shall be paid by the owner . Article 31 . DAMAGES Any claim for damage arising under this contract shall be made in writing to the party liable within ten days after the first observance of such damage and not later than the time of final payment , except as expressly stipulated otherwise in the case of faulty work or materials . Article 32 , LIENS Anything contained in any of the contract documents notwithstanding , all progress payments and the final payment shall be paid by the Owner to the Contractor in compliance with the provisions of Chapter 713 , Florida Statutes . The Owner shall withhold ten percent of the amount of each progress payment . The last payment due under the contract shall be paid by the Owner to the Contractor only after the Contractor has furnished the Owner with a final affidavit as required by Section 713 . 06 ( 3 ) (d ) Florida Statutes stating that all persons , firms or corporations who have furnished labor or materials , employed directly or indirectly in the work , have been paid in full , and in addition , before the Contractor shall have the right to receive the final payment due under the contract , the Contractor shall furnish the Owner with full release of liens from all persons giving notice as defined in Section 713 . 01 ( 19 ) Florida Statutes , and from all lienors recording claims of lien , and from all persons , firms or corporations who have performed or furnished labor , services or materials , directly or indirectly , used in the work . The Owner shall have the right to demand and receive from the Contractor before he shall receive any progress payment , receipted bills showing payment in full for all labor , services and materials incorporated into the work , for the period of time for which the progress payment is due . Likewise , as a condition to receiving any progress payment , the Owner may require the Contractor to furnish partial releases of lien executed by all persons , firms and corporations who have furnished labor , services or materials incorporated into the work during the period of time for which the progress payment is due , releasing such lien rights as these persons , firms or corporations may have for that period . If any of the laborers , subcontractors or material men shall serve upon the Owner a " Notice to Owner" or shall otherwise put the owner on notice that they are owed and unpaid money by the Contractor , the Owner shall have the right to pay these persons directly in the manner provided by the aforesaid Mechanic' s Lien Law , and the Owner shall receive a credit therefore upon the contract price accordingly . The Contractor does hereby release , remise and quit claim any and all rights he would have otherwise enjoyed to perfect a Mechanic' s Lien or any other type of statutory common law or equitable lien against the job . Article 33 . ASSIGNMENT Neither party to the contract shall assign the contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any monies due or to become due to him hereunder, without the written consent of the Owner. Any attempt by the Contractor to assign this contract or any of the monies which may become payable hereunder, in whole or part , without the written consent of the Owner, shall be ineffective and shall vest no rights in the assignee . GC-9 Article 34 . RIGHTS OF VARIOUS INTERESTS Wherever work being done by the Owner' s forces or by the other contractors is contiguous to work covered by this contract , the respective rights of the various interests involved will be established by the Owner and Engineer , to secure the completion of the various portions of the work in general harmony . Article 35 , SEPARATE CONTRACTS The Owner reserves the right to let other contracts in connection with this work . The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their materials and the execution of their work , and shall properly conduct and coordinate his work with theirs . If any part of the Contractor' s work demands , for proper execution or results upon the work of any other contractor , the Contractor shall inspect and promptly report to the Engineer any defects in such work that render it unsuitable for such proper execution and results . His failure to inspect and report shall constitute an acceptance of the other contractor' s work as fit and proper for the reception of his work , except as to defects which may develop in the other contractor' s work after the execution of the work . To insure the proper execution of this subsequent work , the Contractor shall measure work already in place and shall at once report to the Engineer any discrepancy between the executed work and the drawings . Article 36 . SUBCONTRACTS The Contractor shall submit the names of subcontractors proposed for the work , along with the sealed proposal , and shall not employ subcontractors , unless they are accepted by the Engineer . The Contractor agrees that he is as fully responsible to the Owner for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them , as he is for the acts and omissions of persons directly employed by him . Nothing contained in the contract documents shall create any contractual relationship between any subcontractors and the Owner . Article 37 . CONSTRUCTION STAKE -OUT/CONTROL POINTS Stake-out shall be provided for as outlined in the special provisions . Article 38 , ENGINEER' S STATUS DURING CONSTRUCTION The Engineer will be the Owner' s representative during the construction period . All instructions of the Owner to the Contractor shall be issued through the Engineer . The duties and responsibilities and the limitations of authority of the Engineer as the Owner' s representative during construction are set forth in Articles 1 through 42 of these General Conditions and shall not be extended without written consent of the Owner and the Engineer. The Owner may employ a personal representative during the construction . The representative shall not instruct the Contractor as to project specifications that could conflict with the approved plans , without prior consent from the Engineer . He shall make periodic visits to the site to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the contract documents . He will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the work , nor will he be responsible for the techniques or sequences of construction , or GC- 10 Article 41 , LANDS FOR WORK The Owner will provide the lands upon which the work under this contract is to be done , except that the Contractor shall provide land required for the erection of temporary construction facilities and storage of his material , together with right of access to same . Article 42 , CLEANING UP The Contractor shall keep the premises free from accumulations of waste materials , rubbish and other debris resulting from his operations , remove from the Owner's property and from all public and private property at his own expense , all temporary structures , rubbish and waste materials resulting from his operation , and shall leave the site clean and ready for use by the Owner. GC- 13 Article 41 , LANDS FOR WORK The Owner will provide the lands upon which the work under this contract is to be done , except that the Contractor shall provide land required for the erection of temporary construction facilities and storage of his material , together with right of access to same . Article 42 , CLEANING UP The Contractor shall keep the premises free from accumulations of waste materials , rubbish and other debris resulting from his operations , remove from the Owner's property and from all public and private property at his own expense , all temporary structures , rubbish and waste materials resulting from his operation , and shall leave the site clean and ready for use by the Owner. GC- 13 SPECIAL PROVISIONS 1 . COMMENCEMENT AND COMPLETION OF WORK - The Contractor will be required to commence work under this contract within ten ( 10 ) days after the date of receipt by him of Notice to Proceed , and to complete the work ready for use not later than the time set forth in the contract . The time stated for completion shall include final clean up of the premises . 2 . INSPECTION - The work will be conducted under the general direction of the Engineer for the Owner and is subject to inspection by his appointed inspector and the Owner' s Representative to insure compliance with the terms of the contract . No inspector is authorized to change any provisions of the specifications without written authorization of the Owner' s Engineer , nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the contract . 3 . INSURANCE - See Articles 27 and 28 of the GENERAL CONDITIONS . Certificates of Insurance shall be filed with the Owner or his representative before work commences . 4 . ESTIMATED QUANTITIES The quantities stipulated in the proposal for various items are approximate only and subject to increase or decrease by the Owner 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 . However , the contractor is obligated to make his best effort to avoid waste and work efficiently . 5 . EXISTING UTILITIES AND STRUCTURES IF ANY - Existing utilities structures , and facilities shown on the plans , if any exist , were located as accurately as possible from the Owner' s records . Guarantee is not made that all existing facilities are shown or that those shown are entirely accurate . The Contractor shall assure himself of the actual location of such utilities , structure or facilities prior to performance of any work in the vicinity . The utility companies or utility agencies will cooperate with the Contractor in locating underground utilities that may be subject to damage or interruption of services during the Contractor' s operations . Prior to start of work , the Contractor shall request each utility agency to advise him of the location of their facilities in the vicinity . The Owner will assume no liability for damages sustained or costs incurred because of the Contractor' s operations in the vicinity of existing utilities or structures , or to the temporary bracing , and shoring of same . In the event that it is necessary to shore , brace or swing a utility , the utility company or department affected should be contacted and their permission secured as to method used for any such work . 6 . TOOLS , PLANT , EQUIPMENT - If at any time before the commencement or during the progress of the work , tools , plant or equipment appear to the Engineer to be insufficient , inefficient or inappropriate to secure the quality of work required , or the proper rate of progress , the Engineer may order the Contractor to increase their efficiency , to improve character , to augment their number or substitute new tools , plant or equipment as the case may be . The Contractor shall conform to such orders . The failure of the Engineer to demand such increase of efficiency shall not relieve the Contractor of his obligation to secure the quality of work and the rate of progress necessary to complete the work within the time required by the contract and to the satisfaction of the Owner . SP- 1 SPECIAL PROVISIONS 1 . COMMENCEMENT AND COMPLETION OF WORK - The Contractor will be required to commence work under this contract within ten ( 10 ) days after the date of receipt by him of Notice to Proceed , and to complete the work ready for use not later than the time set forth in the contract . The time stated for completion shall include final clean up of the premises . 2 . INSPECTION - The work will be conducted under the general direction of the Engineer for the Owner and is subject to inspection by his appointed inspector and the Owner' s Representative to insure compliance with the terms of the contract . No inspector is authorized to change any provisions of the specifications without written authorization of the Owner' s Engineer , nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the contract . 3 . INSURANCE - See Articles 27 and 28 of the GENERAL CONDITIONS . Certificates of Insurance shall be filed with the Owner or his representative before work commences . 4 . ESTIMATED QUANTITIES The quantities stipulated in the proposal for various items are approximate only and subject to increase or decrease by the Owner 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 . However , the contractor is obligated to make his best effort to avoid waste and work efficiently . 5 . EXISTING UTILITIES AND STRUCTURES IF ANY - Existing utilities structures , and facilities shown on the plans , if any exist , were located as accurately as possible from the Owner' s records . Guarantee is not made that all existing facilities are shown or that those shown are entirely accurate . The Contractor shall assure himself of the actual location of such utilities , structure or facilities prior to performance of any work in the vicinity . The utility companies or utility agencies will cooperate with the Contractor in locating underground utilities that may be subject to damage or interruption of services during the Contractor' s operations . Prior to start of work , the Contractor shall request each utility agency to advise him of the location of their facilities in the vicinity . The Owner will assume no liability for damages sustained or costs incurred because of the Contractor' s operations in the vicinity of existing utilities or structures , or to the temporary bracing , and shoring of same . In the event that it is necessary to shore , brace or swing a utility , the utility company or department affected should be contacted and their permission secured as to method used for any such work . 6 . TOOLS , PLANT , EQUIPMENT - If at any time before the commencement or during the progress of the work , tools , plant or equipment appear to the Engineer to be insufficient , inefficient or inappropriate to secure the quality of work required , or the proper rate of progress , the Engineer may order the Contractor to increase their efficiency , to improve character , to augment their number or substitute new tools , plant or equipment as the case may be . The Contractor shall conform to such orders . The failure of the Engineer to demand such increase of efficiency shall not relieve the Contractor of his obligation to secure the quality of work and the rate of progress necessary to complete the work within the time required by the contract and to the satisfaction of the Owner . SP- 1 the safety precautions incident thereto . He will not be responsible for the Contractor' s failure to perform the work in accordance with the contract documents . During such visits and on the basis of his on - site observations as an experienced and qualified design professional , he will keep the Owner informed of the work , and will endeavor to guard the Owner against defects and deficiencies in the work of contractors and may disapprove work as failing to conform to the contract documents . Whenever he considers it necessary or advisable to insure the proper carrying out of the intent of the contract documents , the Engineer shall have authority to require the Contractor to stop the work , or to require special examination or testing of the work (whether or not fabricated , installed or completed ) , but this authority shall not give rise to any duty or responsibility of the Engineer to the Contractor , the subcontractors or any of their agents or employees to do so . If the Owner and Engineer agree , the Engineer will provide one or more full -time resident project representatives to assist the Engineer in carrying out his responsibilities at the site . The duties , responsibilities , and limitation of authority of any such resident project representative shall be as set forth in an exhibit to be incorporated in the contract documents . Article 39 . ENGINEER ' S DECISIONS The Engineer will , within a reasonable time after their presentation to him , make decisions in writing on all claims of the Owner or the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the contract . Article 40 . MEDIATION (A ) Demand for mediation : Any decision of the Engineer , which is subject to mediation , shall be submitted to mediation upon the demand of either party to the dispute . The Contractor shall not cause a delay of the work because of the pendency of mediation proceedings , except with the written permission of the Engineer , and then only until the mediator has an opportunity to determine whether or not the work shall continue until they decide the matters in dispute . The demand for mediation shall be delivered in writing to the Engineer and the adverse party , either personally or by registered mail to the last known address of each , within ten days of the receipt of the Engineer's decision , and in no case after final payment has been accepted . If the Engineer fails to make a decision within thirty days , a demand for mediation may be made as if his decision has been rendered against the demanding party . ( B ) Mediator : No one shall be nominated or act as a mediator who is in any way financially interested in this contract ; or in the business affairs of the Owner , or the Contractor, or the Engineer , or otherwise connected with any of them . The mediator shall be a person familiar with the nature of the work or the problem involved in the dispute submitted for mediation . The parties may agree upon one arbitrator. MAI AAA VO I to the Engineer, either personally or by registered mail to the last known address of each , of the time and place for the beginning of the hearings of the matters submitted to them . Each party ay submit to the arbitrators such evidence and argument as he may desire , and the arbitrators ay consider pertinent . The arbitrators shall , however, be the judges of all matters of laws an act relating to both the subject matters of and the procedure during arbitration and shall n e found by technical rules of law or procedure . They may hear evidence in whatever form they desire . The parties may be rep r ented before them by such persons as each may select , subject to the disciplinary power a arbitrators if such representative shall interfere with the orderly or speedy conduct of th roceedings . Each party and the Engineer shall supply the arbitrators with such pa and information as they may demand , or with any witness whose movements are subject to eir respective control , and upon refusal or neglect to comply with such demands the arbitra may render their decision without the evidence which might have been elicited therefro d the absence of such evidence shall afford no grounds for challenge of the award by the pa refusing or neglecting to comply with such demand . The submission to arbitration (the statement of the ers in dispute between the parties to be passed upon by the arbitrators) shall be in writing y acknowledged before a notary. Unless waived i � writing by both partles to the arbitratio he arbitrators , before hearing the testimony, shall be sworn in by an officer authorized by I to administer an oath , faithfully and fairly to hear and examine the matters in controversy an make a just award according to the best of their understanding . The arbitrators , if they deem the ca demands It , are authorized to award to the party, whose contention is sustained , such su s they shall consider proper for the time , expense and trouble incident to the arbitration , and i e arbitration was demanded without reasonable cause , damages for delay and other sses . The arbitrators shall fix their own compensation unless otherwise provided by agr ent and shall assess the costs and charges of the arbitration upon either or both parties . T award of the arbitrators shall be in writing and acknowledged like a deed to be recorded , d a duplicate shall be delivered personally or by registered mail , forthwith upon its rendition t ach of the parties to the controversy and to the Engineer. The award of arbitrators shall not be open to objections on account of the form of the proceeding the award , unless otherwise provided by the controlling statutes . In the nt of such statutes providing on any matter covered by this article otherwise than as here ' afore specified , the method or procedure throughout and the legal effect of the award shall be olly in accord with said statues, it being the intention hereby to lay down a principle of action e followed , leaving its local application to be adapted to the legal requirements of the GC- 12 7 . PARTIAL PAYMENTS - partial payments calculated from quantities of work performed will be made on or about the 10th of each month on pay estimates based on the previous month ' s progress . The Contractor shall , prior to the 25th of the preceding month , submit invoices for work performed for the previous month . The Engineer will certify all invoices before presenting them to the Owner for payment . The Engineer' s form of pay estimate stating that the bill is fair and equitable and in exact accord with the contract prices will be utilized for pay purposes . Ten percent ( 10 % ) of the amount due and payable to the Contractor will be retained from each partial payment . Final payment will be accomplished as prescribed in the Form of Agreement . 8 . RESTORATION OF DAMAGED PARTS OF THE WORK - It shall be the responsibility of the Contractor to repair , rebuild or restore to its former condition , any and all portions of existing utilities , structures , equipment , appurtenances or facilities other than those to be paid for under the specifications , which may be disturbed or damaged due to his construction operations . 9 . STANDARDS FOR QUALITY AND WORKMANSHIP - All work shall be first class and the finished product equal to the best- accepted standards of the trade and the category of work performed . 10 . TESTS - The Engineer shall have the right to require all materials to be submitted to test prior to incorporation in the work . In some instances , it may be expedient to make these tests at the source of supply and for this reason , it is required that the Contractor furnish the Engineer with information concerning the location of his source before incorporating material in the work . This does not in any way obligate the Engineer to perform tests for acceptance of material and does not relieve the Contractor of his responsibility to furnish satisfactory material . The Contractor shall furnish manufacturer' s certificates of compliance with these specifications , covering manufactured items incorporated in the work . 11 . GUARANTY - All materials and the installation thereof which are furnished and installed by the Contractor under the terms of the contract , shall be guaranteed by the Contractor against faulty workmanship , mechanical and physical defects , leakage , breakage and other damages and failure , under normal operation , for a period of one ( 1 ) year from the date of final payment , said date to constitute the commencement of the one ( 1 ) year warranty period . All materials and installations proving to be defective within the specified period of the guaranty shall be replaced , without cost to the Owner, by the manufacturer, the Contractor or by the surety . The period of guarantee of each such replacement shall be one ( 1 ) year from and after date of installation thereof . 12 . POWER AND WATER - All arrangements and costs for temporary power and water during construction , shall be the responsibility of the Contractor . If the Contractor requires water for his operations , he shall make application for service in compliance with current regulations and pay all costs in connection therewith . Unless otherwise set forth in the Schedule of Bid Items , the cost of power and water shall be included in the contract price . 13 . SALVAGED MATERIAL - All pipe , valves and fittings that are salvaged during this construction shall become the property of the Owner and shall be delivered to the Owner' s designated site of storage , and receipts therefore delivered to the Engineer within 48 hours of removal from service . SP -2 7 . PARTIAL PAYMENTS - partial payments calculated from quantities of work performed will be made on or about the 10th of each month on pay estimates based on the previous month ' s progress . The Contractor shall , prior to the 25th of the preceding month , submit invoices for work performed for the previous month . The Engineer will certify all invoices before presenting them to the Owner for payment . The Engineer' s form of pay estimate stating that the bill is fair and equitable and in exact accord with the contract prices will be utilized for pay purposes . Ten percent ( 10 % ) of the amount due and payable to the Contractor will be retained from each partial payment . Final payment will be accomplished as prescribed in the Form of Agreement . 8 . RESTORATION OF DAMAGED PARTS OF THE WORK - It shall be the responsibility of the Contractor to repair , rebuild or restore to its former condition , any and all portions of existing utilities , structures , equipment , appurtenances or facilities other than those to be paid for under the specifications , which may be disturbed or damaged due to his construction operations . 9 . STANDARDS FOR QUALITY AND WORKMANSHIP - All work shall be first class and the finished product equal to the best- accepted standards of the trade and the category of work performed . 10 . TESTS - The Engineer shall have the right to require all materials to be submitted to test prior to incorporation in the work . In some instances , it may be expedient to make these tests at the source of supply and for this reason , it is required that the Contractor furnish the Engineer with information concerning the location of his source before incorporating material in the work . This does not in any way obligate the Engineer to perform tests for acceptance of material and does not relieve the Contractor of his responsibility to furnish satisfactory material . The Contractor shall furnish manufacturer' s certificates of compliance with these specifications , covering manufactured items incorporated in the work . 11 . GUARANTY - All materials and the installation thereof which are furnished and installed by the Contractor under the terms of the contract , shall be guaranteed by the Contractor against faulty workmanship , mechanical and physical defects , leakage , breakage and other damages and failure , under normal operation , for a period of one ( 1 ) year from the date of final payment , said date to constitute the commencement of the one ( 1 ) year warranty period . All materials and installations proving to be defective within the specified period of the guaranty shall be replaced , without cost to the Owner, by the manufacturer, the Contractor or by the surety . The period of guarantee of each such replacement shall be one ( 1 ) year from and after date of installation thereof . 12 . POWER AND WATER - All arrangements and costs for temporary power and water during construction , shall be the responsibility of the Contractor . If the Contractor requires water for his operations , he shall make application for service in compliance with current regulations and pay all costs in connection therewith . Unless otherwise set forth in the Schedule of Bid Items , the cost of power and water shall be included in the contract price . 13 . SALVAGED MATERIAL - All pipe , valves and fittings that are salvaged during this construction shall become the property of the Owner and shall be delivered to the Owner' s designated site of storage , and receipts therefore delivered to the Engineer within 48 hours of removal from service . SP -2 14 . DISTRIBUTION OF MATERIALS ON JOB SITE — Contractor shall be responsible for all materials on the job site . 15 . CONSTRUCTION SCHEDULE REQUIRED - Prior to the commencements of work by the Contractor , he shall have submitted a construction schedule to , and have received approval of same from the Engineer and the Owner' s Representative . The construction schedule will be discussed at the pre - construction meeting of the Engineer and Contractor. Mandatory starting points , required commencement areas , construction sequence , prescribed order of completion , and completion timetables essential to the Owner , in addition to the time for completion as stated in the agreement , will be noted in an appendix to these special provisions , and will be incorporated into the construction schedule . 16 . ORDER OF WORK AND CLEANUP - All construction will be done on a section by section basis unless otherwise approved by the engineer . Before moving construction operations from one section to the next section , the Contractor is required to complete all work , except testing . Work will include all phases of construction including but not limited to piling , decking , railing , trails , etc . Hand - raking of all areas disturbed by the Contractor to finished grade is required . All of this work shall be included in the bid price for the units of work involved in the construction . 17 . EMERGENCY AND PUBLIC SAFETY - The Contractor is required to maintain 24 - hour , 7 - day week communications facilities , labor , equipment and supplies to meet emergency repair situations , and correct any and all public safety hazards occasioned by performance of work under this contract . A telephone number to effect this service will be submitted to the Engineer and forwarded by him to the appropriate Departments . 18 , NOTICES FROM CONTRACTOR REQUIRED BY OWNER — N/A 19 , SHOP DPAWINGS - The C ^ ^ tra ^tor shall check and approve shop drawings before submitting them to the Engineer and Owner' s Representative for approval . The shop drawings shall be forwarded in the following statement "The Contractor by approving and submitting these shop drawings represents that he has determined and verified all field measurements and quantities , field construction criteria , materials , catalog numbers and similar data , and that he has reviewed and coordinated the information in the shop drawings with the requirements of the work and the contract documents " . Shop drawings will not be accepted directly from subcontractors or suppliers . Shop drawings that cannot be approved will be returned with reasons for rejection . Subsequent submissions shall be noted as revisions of the original submission . 20 . CONTRACTOR' S REPRESENTATIVE - The superintendent designated by the Contractor to supervise his work is to be removed form his capacity as the Contractor' s representative , if found unsatisfactory , at the sole discretion of the Engineer, and replaced when the request for assignment of another representative is received by the Contractor. 21 . CORROSION PROTECTION — All hardware shall be stainless steel or as approved in writing otherwise . SP-3 14 . DISTRIBUTION OF MATERIALS ON JOB SITE — Contractor shall be responsible for all materials on the job site . 15 . CONSTRUCTION SCHEDULE REQUIRED - Prior to the commencements of work by the Contractor , he shall have submitted a construction schedule to , and have received approval of same from the Engineer and the Owner' s Representative . The construction schedule will be discussed at the pre - construction meeting of the Engineer and Contractor. Mandatory starting points , required commencement areas , construction sequence , prescribed order of completion , and completion timetables essential to the Owner , in addition to the time for completion as stated in the agreement , will be noted in an appendix to these special provisions , and will be incorporated into the construction schedule . 16 . ORDER OF WORK AND CLEANUP - All construction will be done on a section by section basis unless otherwise approved by the engineer . Before moving construction operations from one section to the next section , the Contractor is required to complete all work , except testing . Work will include all phases of construction including but not limited to piling , decking , railing , trails , etc . Hand - raking of all areas disturbed by the Contractor to finished grade is required . All of this work shall be included in the bid price for the units of work involved in the construction . 17 . EMERGENCY AND PUBLIC SAFETY - The Contractor is required to maintain 24 - hour , 7 - day week communications facilities , labor , equipment and supplies to meet emergency repair situations , and correct any and all public safety hazards occasioned by performance of work under this contract . A telephone number to effect this service will be submitted to the Engineer and forwarded by him to the appropriate Departments . 18 , NOTICES FROM CONTRACTOR REQUIRED BY OWNER — N/A 19 , SHOP DPAWINGS - The C ^ ^ tra ^tor shall check and approve shop drawings before submitting them to the Engineer and Owner' s Representative for approval . The shop drawings shall be forwarded in the following statement "The Contractor by approving and submitting these shop drawings represents that he has determined and verified all field measurements and quantities , field construction criteria , materials , catalog numbers and similar data , and that he has reviewed and coordinated the information in the shop drawings with the requirements of the work and the contract documents " . Shop drawings will not be accepted directly from subcontractors or suppliers . Shop drawings that cannot be approved will be returned with reasons for rejection . Subsequent submissions shall be noted as revisions of the original submission . 20 . CONTRACTOR' S REPRESENTATIVE - The superintendent designated by the Contractor to supervise his work is to be removed form his capacity as the Contractor' s representative , if found unsatisfactory , at the sole discretion of the Engineer, and replaced when the request for assignment of another representative is received by the Contractor. 21 . CORROSION PROTECTION — All hardware shall be stainless steel or as approved in writing otherwise . SP-3 Article 41 , LANDS FOR WORK The Owner will provide the lands upon which the work under this contract is to be done , except that the Contractor shall provide land required for the erection of temporary construction facilities and storage of his material , together with right of access to same . Article 42 , CLEANING UP The Contractor shall keep the premises free from accumulations of waste materials , rubbish and other debris resulting from his operations , remove from the Owner's property and from all public and private property at his own expense , all temporary structures , rubbish and waste materials resulting from his operation , and shall leave the site clean and ready for use by the Owner. GC- 13 SPECIAL PROVISIONS 1 . COMMENCEMENT AND COMPLETION OF WORK - The Contractor will be required to commence work under this contract within ten ( 10 ) days after the date of receipt by him of Notice to Proceed , and to complete the work ready for use not later than the time set forth in the contract . The time stated for completion shall include final clean up of the premises . 2 . INSPECTION - The work will be conducted under the general direction of the Engineer for the Owner and is subject to inspection by his appointed inspector and the Owner' s Representative to insure compliance with the terms of the contract . No inspector is authorized to change any provisions of the specifications without written authorization of the Owner' s Engineer , nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the contract . 3 . INSURANCE - See Articles 27 and 28 of the GENERAL CONDITIONS . Certificates of Insurance shall be filed with the Owner or his representative before work commences . 4 . ESTIMATED QUANTITIES The quantities stipulated in the proposal for various items are approximate only and subject to increase or decrease by the Owner 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 . However , the contractor is obligated to make his best effort to avoid waste and work efficiently . 5 . EXISTING UTILITIES AND STRUCTURES IF ANY - Existing utilities structures , and facilities shown on the plans , if any exist , were located as accurately as possible from the Owner' s records . Guarantee is not made that all existing facilities are shown or that those shown are entirely accurate . The Contractor shall assure himself of the actual location of such utilities , structure or facilities prior to performance of any work in the vicinity . The utility companies or utility agencies will cooperate with the Contractor in locating underground utilities that may be subject to damage or interruption of services during the Contractor' s operations . Prior to start of work , the Contractor shall request each utility agency to advise him of the location of their facilities in the vicinity . The Owner will assume no liability for damages sustained or costs incurred because of the Contractor' s operations in the vicinity of existing utilities or structures , or to the temporary bracing , and shoring of same . In the event that it is necessary to shore , brace or swing a utility , the utility company or department affected should be contacted and their permission secured as to method used for any such work . 6 . TOOLS , PLANT , EQUIPMENT - If at any time before the commencement or during the progress of the work , tools , plant or equipment appear to the Engineer to be insufficient , inefficient or inappropriate to secure the quality of work required , or the proper rate of progress , the Engineer may order the Contractor to increase their efficiency , to improve character , to augment their number or substitute new tools , plant or equipment as the case may be . The Contractor shall conform to such orders . The failure of the Engineer to demand such increase of efficiency shall not relieve the Contractor of his obligation to secure the quality of work and the rate of progress necessary to complete the work within the time required by the contract and to the satisfaction of the Owner . SP- 1 22 . BACKFILLING WELL POINT- HOLES — N/A 23 , OTHER CONTRACTORS - Where the work of other trades is simultaneously pursued with this contract , the procedure of the work shall be cooperative so as to permit continuous operation by each Contractor to his fullest capacity . 24 . PROJECT COORDINATION : Testing / Inspections/Completion Reports -The Contractor shall be responsible for the construction progress , including the coordination and scheduling of all required tests and inspections ( as specified in the plans , contract documents and permit conditions ) . The appropriate inspectors from the various regulatory agencies , and the engineer, shall be notified at least 24 hours prior to any required testing and inspections . 25 . Survey : A . Construction Stake - out by Contractor : The Contractor shall layout and survey the proposed construction lines and set grade stakes as required . Survey control points shall be set and/or referenced from a sketch of the boundary survey of the project site provided by the owner . Where any questions as to location , alignment or grade of the proposed construction , the Contractor shall report his findings to the Engineer for any decisions that must be made with regards to location or grade . The Contractor shall make all necessary computations to establish the exact position of all the work from the control point ( s ) which are shown on the plans or the sketch of the survey provided by the owner . All work shall be referenced to base lines which the Contractor shall establish from the control points , re -establish when necessary and maintain throughout the life of the Contract so as to permit the Engineer to make necessary preliminary , interim , and final measurements and to check the Contractor' s layout if he so desires . The Contractor shall provide and maintain offset stakes outside the limits of grading and construction . Each stake shall be identified and marked to show the offset distance from the Base Line and the Contractor shall furnish grade sheets showing the cut or fill to the finished profile lines with reference to the offset stakes . The Contractor shall be responsible for maintaining the points he has established . Any error or apparent discrepancies found in the Plans or Specifications shall be called to the Engineer' s attention for interpretation prior to proceeding with the work . The cost to the Contract of the laying out the work from lines and grades furnished in the plans by the Engineer and the cost of stakes set by the Contractor, shall be included in the price bid for the various items scheduled in the Proposal , unless a separate pay item has been included by the Engineer . B . AS - BUILT DRAWINGS - Subsequent to the completion of the contract work , but prior to submission of the request for final payment , the Contractor will prepare in duplicate "As Built" drawings of the contract work showing the final location by centerline stationing and state plan coordinates all pavement drainage and utility construction , depict any changes in the contract plans including horizontal location and vertical elevation of all elevated walkways . SP-4 22 . BACKFILLING WELL POINT- HOLES — N/A 23 , OTHER CONTRACTORS - Where the work of other trades is simultaneously pursued with this contract , the procedure of the work shall be cooperative so as to permit continuous operation by each Contractor to his fullest capacity . 24 . PROJECT COORDINATION : Testing / Inspections/Completion Reports -The Contractor shall be responsible for the construction progress , including the coordination and scheduling of all required tests and inspections ( as specified in the plans , contract documents and permit conditions ) . The appropriate inspectors from the various regulatory agencies , and the engineer, shall be notified at least 24 hours prior to any required testing and inspections . 25 . Survey : A . Construction Stake - out by Contractor : The Contractor shall layout and survey the proposed construction lines and set grade stakes as required . Survey control points shall be set and/or referenced from a sketch of the boundary survey of the project site provided by the owner . Where any questions as to location , alignment or grade of the proposed construction , the Contractor shall report his findings to the Engineer for any decisions that must be made with regards to location or grade . The Contractor shall make all necessary computations to establish the exact position of all the work from the control point ( s ) which are shown on the plans or the sketch of the survey provided by the owner . All work shall be referenced to base lines which the Contractor shall establish from the control points , re -establish when necessary and maintain throughout the life of the Contract so as to permit the Engineer to make necessary preliminary , interim , and final measurements and to check the Contractor' s layout if he so desires . The Contractor shall provide and maintain offset stakes outside the limits of grading and construction . Each stake shall be identified and marked to show the offset distance from the Base Line and the Contractor shall furnish grade sheets showing the cut or fill to the finished profile lines with reference to the offset stakes . The Contractor shall be responsible for maintaining the points he has established . Any error or apparent discrepancies found in the Plans or Specifications shall be called to the Engineer' s attention for interpretation prior to proceeding with the work . The cost to the Contract of the laying out the work from lines and grades furnished in the plans by the Engineer and the cost of stakes set by the Contractor, shall be included in the price bid for the various items scheduled in the Proposal , unless a separate pay item has been included by the Engineer . B . AS - BUILT DRAWINGS - Subsequent to the completion of the contract work , but prior to submission of the request for final payment , the Contractor will prepare in duplicate "As Built" drawings of the contract work showing the final location by centerline stationing and state plan coordinates all pavement drainage and utility construction , depict any changes in the contract plans including horizontal location and vertical elevation of all elevated walkways . SP-4 The Engineer will supply the Contractor with reproducible drawings of the contract plans upon which the Contractor shall prepare the "As- Built " drawings . A copy of this minimum criteria is attached in the regulatory requirements and notification section of these documents . As - built drawings will be subject to the approval and acceptance of the Engineer, prior to final payment . SP-5 The Engineer will supply the Contractor with reproducible drawings of the contract plans upon which the Contractor shall prepare the "As- Built " drawings . A copy of this minimum criteria is attached in the regulatory requirements and notification section of these documents . As - built drawings will be subject to the approval and acceptance of the Engineer, prior to final payment . SP-5 7 . PARTIAL PAYMENTS - partial payments calculated from quantities of work performed will be made on or about the 10th of each month on pay estimates based on the previous month ' s progress . The Contractor shall , prior to the 25th of the preceding month , submit invoices for work performed for the previous month . The Engineer will certify all invoices before presenting them to the Owner for payment . The Engineer' s form of pay estimate stating that the bill is fair and equitable and in exact accord with the contract prices will be utilized for pay purposes . Ten percent ( 10 % ) of the amount due and payable to the Contractor will be retained from each partial payment . Final payment will be accomplished as prescribed in the Form of Agreement . 8 . RESTORATION OF DAMAGED PARTS OF THE WORK - It shall be the responsibility of the Contractor to repair , rebuild or restore to its former condition , any and all portions of existing utilities , structures , equipment , appurtenances or facilities other than those to be paid for under the specifications , which may be disturbed or damaged due to his construction operations . 9 . STANDARDS FOR QUALITY AND WORKMANSHIP - All work shall be first class and the finished product equal to the best- accepted standards of the trade and the category of work performed . 10 . TESTS - The Engineer shall have the right to require all materials to be submitted to test prior to incorporation in the work . In some instances , it may be expedient to make these tests at the source of supply and for this reason , it is required that the Contractor furnish the Engineer with information concerning the location of his source before incorporating material in the work . This does not in any way obligate the Engineer to perform tests for acceptance of material and does not relieve the Contractor of his responsibility to furnish satisfactory material . The Contractor shall furnish manufacturer' s certificates of compliance with these specifications , covering manufactured items incorporated in the work . 11 . GUARANTY - All materials and the installation thereof which are furnished and installed by the Contractor under the terms of the contract , shall be guaranteed by the Contractor against faulty workmanship , mechanical and physical defects , leakage , breakage and other damages and failure , under normal operation , for a period of one ( 1 ) year from the date of final payment , said date to constitute the commencement of the one ( 1 ) year warranty period . All materials and installations proving to be defective within the specified period of the guaranty shall be replaced , without cost to the Owner, by the manufacturer, the Contractor or by the surety . The period of guarantee of each such replacement shall be one ( 1 ) year from and after date of installation thereof . 12 . POWER AND WATER - All arrangements and costs for temporary power and water during construction , shall be the responsibility of the Contractor . If the Contractor requires water for his operations , he shall make application for service in compliance with current regulations and pay all costs in connection therewith . Unless otherwise set forth in the Schedule of Bid Items , the cost of power and water shall be included in the contract price . 13 . SALVAGED MATERIAL - All pipe , valves and fittings that are salvaged during this construction shall become the property of the Owner and shall be delivered to the Owner' s designated site of storage , and receipts therefore delivered to the Engineer within 48 hours of removal from service . SP -2 14 . DISTRIBUTION OF MATERIALS ON JOB SITE — Contractor shall be responsible for all materials on the job site . 15 . CONSTRUCTION SCHEDULE REQUIRED - Prior to the commencements of work by the Contractor , he shall have submitted a construction schedule to , and have received approval of same from the Engineer and the Owner' s Representative . The construction schedule will be discussed at the pre - construction meeting of the Engineer and Contractor. Mandatory starting points , required commencement areas , construction sequence , prescribed order of completion , and completion timetables essential to the Owner , in addition to the time for completion as stated in the agreement , will be noted in an appendix to these special provisions , and will be incorporated into the construction schedule . 16 . ORDER OF WORK AND CLEANUP - All construction will be done on a section by section basis unless otherwise approved by the engineer . Before moving construction operations from one section to the next section , the Contractor is required to complete all work , except testing . Work will include all phases of construction including but not limited to piling , decking , railing , trails , etc . Hand - raking of all areas disturbed by the Contractor to finished grade is required . All of this work shall be included in the bid price for the units of work involved in the construction . 17 . EMERGENCY AND PUBLIC SAFETY - The Contractor is required to maintain 24 - hour , 7 - day week communications facilities , labor , equipment and supplies to meet emergency repair situations , and correct any and all public safety hazards occasioned by performance of work under this contract . A telephone number to effect this service will be submitted to the Engineer and forwarded by him to the appropriate Departments . 18 , NOTICES FROM CONTRACTOR REQUIRED BY OWNER — N/A 19 , SHOP DPAWINGS - The C ^ ^ tra ^tor shall check and approve shop drawings before submitting them to the Engineer and Owner' s Representative for approval . The shop drawings shall be forwarded in the following statement "The Contractor by approving and submitting these shop drawings represents that he has determined and verified all field measurements and quantities , field construction criteria , materials , catalog numbers and similar data , and that he has reviewed and coordinated the information in the shop drawings with the requirements of the work and the contract documents " . Shop drawings will not be accepted directly from subcontractors or suppliers . Shop drawings that cannot be approved will be returned with reasons for rejection . Subsequent submissions shall be noted as revisions of the original submission . 20 . CONTRACTOR' S REPRESENTATIVE - The superintendent designated by the Contractor to supervise his work is to be removed form his capacity as the Contractor' s representative , if found unsatisfactory , at the sole discretion of the Engineer, and replaced when the request for assignment of another representative is received by the Contractor. 21 . CORROSION PROTECTION — All hardware shall be stainless steel or as approved in writing otherwise . SP-3 PLEASE REMIT TO : ESTIMATE# : PERIOD ENDING : CONTRACTOR ' S REQUEST FOR PAYMENT SCHEDULE OF CONTRACT CHANGE ORDERS TOTAL COST OF COST OF CHANGE ITEM ADDED BY ORDER ITEM NO , DATE DESCRIPTION CHANGE ORDER COMPLETED TO DATE TOTALS ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE : 1 . Original Contract Amount $ 2 . Additions To Contract + 3 . Adjusted Contract Amount To Date $ ANALYSIS OF WORK PERFORMED : 1 . Cost Of Original Contract Work To Date $ 2 . Extra Work Performed To Date + 3 . Total Cost of Work Performed To Date $ 4 . Material Stored + 5 . Total Cost of Work and Materials Stored $ 6 . Less 10 % Retainage - 7 . Net Amt Earned on Contract Work To Date $ 8 . Less : Amount Paid on Previous Estimates - Amount Owed On Previous Estimates - 9 . BALANCE DUE THIS ESTIMATE# $ PR- 1 PLEASE REMIT TO : ESTIMATE# : PERIOD ENDING : CONTRACTOR ' S REQUEST FOR PAYMENT SCHEDULE OF CONTRACT CHANGE ORDERS TOTAL COST OF COST OF CHANGE ITEM ADDED BY ORDER ITEM NO , DATE DESCRIPTION CHANGE ORDER COMPLETED TO DATE TOTALS ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE : 1 . Original Contract Amount $ 2 . Additions To Contract + 3 . Adjusted Contract Amount To Date $ ANALYSIS OF WORK PERFORMED : 1 . Cost Of Original Contract Work To Date $ 2 . Extra Work Performed To Date + 3 . Total Cost of Work Performed To Date $ 4 . Material Stored + 5 . Total Cost of Work and Materials Stored $ 6 . Less 10 % Retainage - 7 . Net Amt Earned on Contract Work To Date $ 8 . Less : Amount Paid on Previous Estimates - Amount Owed On Previous Estimates - 9 . BALANCE DUE THIS ESTIMATE# $ PR- 1 Contractor' s Request for Payment CERTIFICATION OF CONTRACTOR CERTIFY THAT ALL ITEMS AND AMOUNTS SHOWN ON THE FACE OF THIS ESTIMATE # ARE CORRECT ; THAT ALL WORK HAS BEEN PERFORMED AND/OR MATERIALS SUPPLIED IN FULL ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS CONTRACT BETWEEN OWNER AND , CONTRACTOR , DATED THIS AFFIDAVIT IS MADE PURSUANT TO SECTION 713 . 06 ( 3 ) ( c) ( 1 ) , FLORIDA STATUTES , FOR THE PURPOSE OF ACKNOWLEDGING FULL PAYMENT BY THE CONTRACTOR FOR WORK DONE AND MATERIALS SUPPLIED THROUGH 20_ 1 ON REAL PROPERTY DESCRIBED AS : ( PROPERTY DESCRIPTION ) THAT ALL LIENORS ENGAGED BY THE CONTRACTOR TO PERFORM OR PROVIDE LABOR , SERVICES AND/OR MATERIALS UNDER THE CONTRACT BETWEEN CONTRACTOR AND OWNER OF THE ABOVE - DESCRIBED PROPERTY HAVE BEEN PAID IN FULL FOR ALL WORK DONE OR MATERIALS SUPPLIED THROUGH , 20 EXCEPT AS POLLOWS : NAME ADDRESS AMOUNT DUE CONTRACTOR : BY : BY : ( Notary Public) TITLE : DATE : PR-2 Contractor' s Request for Payment CERTIFICATION OF CONTRACTOR CERTIFY THAT ALL ITEMS AND AMOUNTS SHOWN ON THE FACE OF THIS ESTIMATE # ARE CORRECT ; THAT ALL WORK HAS BEEN PERFORMED AND/OR MATERIALS SUPPLIED IN FULL ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS CONTRACT BETWEEN OWNER AND , CONTRACTOR , DATED THIS AFFIDAVIT IS MADE PURSUANT TO SECTION 713 . 06 ( 3 ) ( c) ( 1 ) , FLORIDA STATUTES , FOR THE PURPOSE OF ACKNOWLEDGING FULL PAYMENT BY THE CONTRACTOR FOR WORK DONE AND MATERIALS SUPPLIED THROUGH 20_ 1 ON REAL PROPERTY DESCRIBED AS : ( PROPERTY DESCRIPTION ) THAT ALL LIENORS ENGAGED BY THE CONTRACTOR TO PERFORM OR PROVIDE LABOR , SERVICES AND/OR MATERIALS UNDER THE CONTRACT BETWEEN CONTRACTOR AND OWNER OF THE ABOVE - DESCRIBED PROPERTY HAVE BEEN PAID IN FULL FOR ALL WORK DONE OR MATERIALS SUPPLIED THROUGH , 20 EXCEPT AS POLLOWS : NAME ADDRESS AMOUNT DUE CONTRACTOR : BY : BY : ( Notary Public) TITLE : DATE : PR-2 22 . BACKFILLING WELL POINT- HOLES — N/A 23 , OTHER CONTRACTORS - Where the work of other trades is simultaneously pursued with this contract , the procedure of the work shall be cooperative so as to permit continuous operation by each Contractor to his fullest capacity . 24 . PROJECT COORDINATION : Testing / Inspections/Completion Reports -The Contractor shall be responsible for the construction progress , including the coordination and scheduling of all required tests and inspections ( as specified in the plans , contract documents and permit conditions ) . The appropriate inspectors from the various regulatory agencies , and the engineer, shall be notified at least 24 hours prior to any required testing and inspections . 25 . Survey : A . Construction Stake - out by Contractor : The Contractor shall layout and survey the proposed construction lines and set grade stakes as required . Survey control points shall be set and/or referenced from a sketch of the boundary survey of the project site provided by the owner . Where any questions as to location , alignment or grade of the proposed construction , the Contractor shall report his findings to the Engineer for any decisions that must be made with regards to location or grade . The Contractor shall make all necessary computations to establish the exact position of all the work from the control point ( s ) which are shown on the plans or the sketch of the survey provided by the owner . All work shall be referenced to base lines which the Contractor shall establish from the control points , re -establish when necessary and maintain throughout the life of the Contract so as to permit the Engineer to make necessary preliminary , interim , and final measurements and to check the Contractor' s layout if he so desires . The Contractor shall provide and maintain offset stakes outside the limits of grading and construction . Each stake shall be identified and marked to show the offset distance from the Base Line and the Contractor shall furnish grade sheets showing the cut or fill to the finished profile lines with reference to the offset stakes . The Contractor shall be responsible for maintaining the points he has established . Any error or apparent discrepancies found in the Plans or Specifications shall be called to the Engineer' s attention for interpretation prior to proceeding with the work . The cost to the Contract of the laying out the work from lines and grades furnished in the plans by the Engineer and the cost of stakes set by the Contractor, shall be included in the price bid for the various items scheduled in the Proposal , unless a separate pay item has been included by the Engineer . B . AS - BUILT DRAWINGS - Subsequent to the completion of the contract work , but prior to submission of the request for final payment , the Contractor will prepare in duplicate "As Built" drawings of the contract work showing the final location by centerline stationing and state plan coordinates all pavement drainage and utility construction , depict any changes in the contract plans including horizontal location and vertical elevation of all elevated walkways . SP-4 The Engineer will supply the Contractor with reproducible drawings of the contract plans upon which the Contractor shall prepare the "As- Built " drawings . A copy of this minimum criteria is attached in the regulatory requirements and notification section of these documents . As - built drawings will be subject to the approval and acceptance of the Engineer, prior to final payment . SP-5 CERTIFICATION OF CONSTRUCTION ENGINEER I CERTIFY THAT I HAVE CHECKED AND VERIFIED THIS ESTIMATE # AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF , IT IS A TRUE AND CORRECT STATEMENT OF WORK PERFORMED AND MATERIALS SUPPLIED BY THE CONTRACTOR , AND THAT THE CONTRACTOR' S CERTIFIED STATEMENT OF THIS ACCOUNT AND THE AMOUNT DUE TO HIM IS CORRECT , BY FOR PR- 3 CERTIFICATION OF CONSTRUCTION ENGINEER I CERTIFY THAT I HAVE CHECKED AND VERIFIED THIS ESTIMATE # AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF , IT IS A TRUE AND CORRECT STATEMENT OF WORK PERFORMED AND MATERIALS SUPPLIED BY THE CONTRACTOR , AND THAT THE CONTRACTOR' S CERTIFIED STATEMENT OF THIS ACCOUNT AND THE AMOUNT DUE TO HIM IS CORRECT , BY FOR PR- 3 Contractor's Request for Payment PLEASE REMIT TO PERIOD ENDING PROJECT ESTIMATE NO# OWNER PAGE OF ITEM CONTRACT COMPLETED QUANTITIES NO# DESCRIPTION QUANTITY UNIT PRICE TOTAL AMOUNT PREVIOUS CURRENT TOTAL TO DATE AMOUNT PR-4 Contractor's Request for Payment PLEASE REMIT TO PERIOD ENDING PROJECT ESTIMATE NO# OWNER PAGE OF ITEM CONTRACT COMPLETED QUANTITIES NO# DESCRIPTION QUANTITY UNIT PRICE TOTAL AMOUNT PREVIOUS CURRENT TOTAL TO DATE AMOUNT PR-4 PLEASE REMIT TO : ESTIMATE# : PERIOD ENDING : CONTRACTOR ' S REQUEST FOR PAYMENT SCHEDULE OF CONTRACT CHANGE ORDERS TOTAL COST OF COST OF CHANGE ITEM ADDED BY ORDER ITEM NO , DATE DESCRIPTION CHANGE ORDER COMPLETED TO DATE TOTALS ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE : 1 . Original Contract Amount $ 2 . Additions To Contract + 3 . Adjusted Contract Amount To Date $ ANALYSIS OF WORK PERFORMED : 1 . Cost Of Original Contract Work To Date $ 2 . Extra Work Performed To Date + 3 . Total Cost of Work Performed To Date $ 4 . Material Stored + 5 . Total Cost of Work and Materials Stored $ 6 . Less 10 % Retainage - 7 . Net Amt Earned on Contract Work To Date $ 8 . Less : Amount Paid on Previous Estimates - Amount Owed On Previous Estimates - 9 . BALANCE DUE THIS ESTIMATE# $ PR- 1 Contractor' s Request for Payment CERTIFICATION OF CONTRACTOR CERTIFY THAT ALL ITEMS AND AMOUNTS SHOWN ON THE FACE OF THIS ESTIMATE # ARE CORRECT ; THAT ALL WORK HAS BEEN PERFORMED AND/OR MATERIALS SUPPLIED IN FULL ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS CONTRACT BETWEEN OWNER AND , CONTRACTOR , DATED THIS AFFIDAVIT IS MADE PURSUANT TO SECTION 713 . 06 ( 3 ) ( c) ( 1 ) , FLORIDA STATUTES , FOR THE PURPOSE OF ACKNOWLEDGING FULL PAYMENT BY THE CONTRACTOR FOR WORK DONE AND MATERIALS SUPPLIED THROUGH 20_ 1 ON REAL PROPERTY DESCRIBED AS : ( PROPERTY DESCRIPTION ) THAT ALL LIENORS ENGAGED BY THE CONTRACTOR TO PERFORM OR PROVIDE LABOR , SERVICES AND/OR MATERIALS UNDER THE CONTRACT BETWEEN CONTRACTOR AND OWNER OF THE ABOVE - DESCRIBED PROPERTY HAVE BEEN PAID IN FULL FOR ALL WORK DONE OR MATERIALS SUPPLIED THROUGH , 20 EXCEPT AS POLLOWS : NAME ADDRESS AMOUNT DUE CONTRACTOR : BY : BY : ( Notary Public) TITLE : DATE : PR-2 APPENDIX `A' Technical Specifications APPENDIX `A' Technical Specifications SITE CLEANUP & RESTORATION 1 ) SCOPE A) The Contractor shall furnish all plant , labor, equipment , appliances and materials required or necessary to clean up the site after the construction is completed and to restore items disturbed or damaged due to his construction operation . 2 ) GENERAL A) During the progress of the project , the work and the adjacent areas affected thereby shall be kept in a neat and orderly condition . All rubbish , surplus materials , and unused construction equipment shall be removed . All damage shall be repaired so that the public and private property owners will be inconvenienced as little as possible . B ) Where material or debris has been deposited in watercourses , ditches , gutters , drains , or catch - basins as a result of the Contractor' s operations , such material or debris shall be entirely removed and satisfactorily disposed of during the progress of the work , and the ditches , channels , drains , etc . , shall be kept clean . C ) Before the completion of the project , the Contractor shall , unless otherwise especially directed or permitted in writing , tear down and remove all temporary buildings and structures which he builds ; remove all temporary Works , tools , and machinery or other construction equipment furnished by him ; remove , acceptably disinfect , and cover all organic matter and material containing organic matter in , under , and around privies , houses , and other buildings used by him , remove all rubbish from any grounds which he has occupied ; and leave the roads , all parts of the premises and adjacent property affected by his operations , in a neat and satisfactory condition . D ) It shall be the responsibility of the Contractor to repair , rebuild , or restore to its former conditions , any and all portions of existing utilities , structures , equipment , appurtenances , trees and shrubs , or facilities , other than those to be paid for under the specifications , which may be disturbed or damaged due to his construction operations . E ) l he Contractor shall thoroughly clean all materials and equipment installed by him and his subcontractors and on completion of the work shall deliver the facilities undamaged and in fresh and new-appearing condition . SITE CLEANUP & RESTORATION 1 ) SCOPE A) The Contractor shall furnish all plant , labor, equipment , appliances and materials required or necessary to clean up the site after the construction is completed and to restore items disturbed or damaged due to his construction operation . 2 ) GENERAL A) During the progress of the project , the work and the adjacent areas affected thereby shall be kept in a neat and orderly condition . All rubbish , surplus materials , and unused construction equipment shall be removed . All damage shall be repaired so that the public and private property owners will be inconvenienced as little as possible . B ) Where material or debris has been deposited in watercourses , ditches , gutters , drains , or catch - basins as a result of the Contractor' s operations , such material or debris shall be entirely removed and satisfactorily disposed of during the progress of the work , and the ditches , channels , drains , etc . , shall be kept clean . C ) Before the completion of the project , the Contractor shall , unless otherwise especially directed or permitted in writing , tear down and remove all temporary buildings and structures which he builds ; remove all temporary Works , tools , and machinery or other construction equipment furnished by him ; remove , acceptably disinfect , and cover all organic matter and material containing organic matter in , under , and around privies , houses , and other buildings used by him , remove all rubbish from any grounds which he has occupied ; and leave the roads , all parts of the premises and adjacent property affected by his operations , in a neat and satisfactory condition . D ) It shall be the responsibility of the Contractor to repair , rebuild , or restore to its former conditions , any and all portions of existing utilities , structures , equipment , appurtenances , trees and shrubs , or facilities , other than those to be paid for under the specifications , which may be disturbed or damaged due to his construction operations . E ) l he Contractor shall thoroughly clean all materials and equipment installed by him and his subcontractors and on completion of the work shall deliver the facilities undamaged and in fresh and new-appearing condition . CERTIFICATION OF CONSTRUCTION ENGINEER I CERTIFY THAT I HAVE CHECKED AND VERIFIED THIS ESTIMATE # AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF , IT IS A TRUE AND CORRECT STATEMENT OF WORK PERFORMED AND MATERIALS SUPPLIED BY THE CONTRACTOR , AND THAT THE CONTRACTOR' S CERTIFIED STATEMENT OF THIS ACCOUNT AND THE AMOUNT DUE TO HIM IS CORRECT , BY FOR PR- 3 Contractor's Request for Payment PLEASE REMIT TO PERIOD ENDING PROJECT ESTIMATE NO# OWNER PAGE OF ITEM CONTRACT COMPLETED QUANTITIES NO# DESCRIPTION QUANTITY UNIT PRICE TOTAL AMOUNT PREVIOUS CURRENT TOTAL TO DATE AMOUNT PR-4 INSTALLATION OF STRUCTURES 1 ) AS -BUILT DRAWINGS A) During the installation of the elevated walkways the Contractor shall keep accurate records of the As - Built construction showing the location of all changes in alignment , and similar data . Items shall be located from permanent objects such as centerline of street , property corner or identified point of property line , etc . Upon completion of the project the Contractor shall deliver to the Engineer an As- Built Drawing showing the above information . INSTALLATION OF STRUCTURES 1 ) AS -BUILT DRAWINGS A) During the installation of the elevated walkways the Contractor shall keep accurate records of the As - Built construction showing the location of all changes in alignment , and similar data . Items shall be located from permanent objects such as centerline of street , property corner or identified point of property line , etc . Upon completion of the project the Contractor shall deliver to the Engineer an As- Built Drawing showing the above information . w APPENDIX ` B ' REGULATORY REQUIREMENTS AND NOTIFICATION w APPENDIX ` B ' REGULATORY REQUIREMENTS AND NOTIFICATION APPENDIX `A' Technical Specifications SITE CLEANUP & RESTORATION 1 ) SCOPE A) The Contractor shall furnish all plant , labor, equipment , appliances and materials required or necessary to clean up the site after the construction is completed and to restore items disturbed or damaged due to his construction operation . 2 ) GENERAL A) During the progress of the project , the work and the adjacent areas affected thereby shall be kept in a neat and orderly condition . All rubbish , surplus materials , and unused construction equipment shall be removed . All damage shall be repaired so that the public and private property owners will be inconvenienced as little as possible . B ) Where material or debris has been deposited in watercourses , ditches , gutters , drains , or catch - basins as a result of the Contractor' s operations , such material or debris shall be entirely removed and satisfactorily disposed of during the progress of the work , and the ditches , channels , drains , etc . , shall be kept clean . C ) Before the completion of the project , the Contractor shall , unless otherwise especially directed or permitted in writing , tear down and remove all temporary buildings and structures which he builds ; remove all temporary Works , tools , and machinery or other construction equipment furnished by him ; remove , acceptably disinfect , and cover all organic matter and material containing organic matter in , under , and around privies , houses , and other buildings used by him , remove all rubbish from any grounds which he has occupied ; and leave the roads , all parts of the premises and adjacent property affected by his operations , in a neat and satisfactory condition . D ) It shall be the responsibility of the Contractor to repair , rebuild , or restore to its former conditions , any and all portions of existing utilities , structures , equipment , appurtenances , trees and shrubs , or facilities , other than those to be paid for under the specifications , which may be disturbed or damaged due to his construction operations . E ) l he Contractor shall thoroughly clean all materials and equipment installed by him and his subcontractors and on completion of the work shall deliver the facilities undamaged and in fresh and new-appearing condition . REGULATORY REQUIREMENTS AND NOTIFICATION • GENERAL : The following regulatory agency permits are included as a part of the contract documents . The Contractor shall be familiar with all permits of record , and shall adhere to all permit conditions . • PERMITS REQUIRED : • Indian River County • Type 'A ' Stormwater • Army Corp of Engineers • Dredge and Fill Permit • St . John ' s River Water Management District • Environmental Resource Permit • Other permit required : The Contractor is responsible for obtaining any permits that may be required by local districts . REGULATORY REQUIREMENTS AND NOTIFICATION • GENERAL : The following regulatory agency permits are included as a part of the contract documents . The Contractor shall be familiar with all permits of record , and shall adhere to all permit conditions . • PERMITS REQUIRED : • Indian River County • Type 'A ' Stormwater • Army Corp of Engineers • Dredge and Fill Permit • St . John ' s River Water Management District • Environmental Resource Permit • Other permit required : The Contractor is responsible for obtaining any permits that may be required by local districts . swell p18 jo alnpa4oS 63 , XIaN3ddV swell p18 jo alnpa4oS 63 , XIaN3ddV INSTALLATION OF STRUCTURES 1 ) AS -BUILT DRAWINGS A) During the installation of the elevated walkways the Contractor shall keep accurate records of the As - Built construction showing the location of all changes in alignment , and similar data . Items shall be located from permanent objects such as centerline of street , property corner or identified point of property line , etc . Upon completion of the project the Contractor shall deliver to the Engineer an As- Built Drawing showing the above information . w APPENDIX ` B ' REGULATORY REQUIREMENTS AND NOTIFICATION Lagoon Greenway Phase Ila Bid Items Item Description Unit Qty Amount Total 1 Mobilization / Survey LS Job 2 Section B - B Boardwalk LF 93 3 Section C - C Boardwalk LF 55 4 Section C - C Handrail LF 55 Environmental Site Controls ( silt fence , 5 floating turbidity barriers , etc . ) LS Job 6 4 ' Trail Construction LF 900 7 10 ' Trail Construction LF 1190 Grand Total P -3 Lagoon Greenway Phase Ila Bid Items Item Description Unit Qty Amount Total 1 Mobilization / Survey LS Job 2 Section B - B Boardwalk LF 93 3 Section C - C Boardwalk LF 55 4 Section C - C Handrail LF 55 Environmental Site Controls ( silt fence , 5 floating turbidity barriers , etc . ) LS Job 6 4 ' Trail Construction LF 900 7 10 ' Trail Construction LF 1190 Grand Total P -3 REGULATORY REQUIREMENTS AND NOTIFICATION • GENERAL : The following regulatory agency permits are included as a part of the contract documents . The Contractor shall be familiar with all permits of record , and shall adhere to all permit conditions . • PERMITS REQUIRED : • Indian River County • Type 'A ' Stormwater • Army Corp of Engineers • Dredge and Fill Permit • St . John ' s River Water Management District • Environmental Resource Permit • Other permit required : The Contractor is responsible for obtaining any permits that may be required by local districts . 03 LAGOON GREENWAY — PHASE IIA g CONSTRUCTION AGREEMENT co 01a — OS 1 & THIS AGREEMENT made and entered into this t��� day of _ hizzv , 2012 , by and between Safety & Environmental Systems, Inc . , hereinafter called the CONTRACTOR, and Indian River County, herein called the OWNER . WITNESSED : That whereas , the OWNER and the CONTRACTOR for the consideration hereinafter named , agree as set forth below : Article 1 . SCOPE OF WORK As per specifications of the Contract Documents for Indian River I , agoon Greenway — Phase IIA prepared by Knight . McGuire & Associates , Inc . for the Indian River I.. and "Trust, in partnership with OWNER , such Contract Documents attached as Exhibit A to this Agreement, and in accordance with the following estimated c071strllction costs ( put (.' ONTRACTOR ' S bid ) ; Lagoon Greenway Phase IIA Bid Items Item Description _ Unit Quantity Amount - - --- 1 Mobilization / Survey LS Job $ 7 , 134 . 00 2Section B - B Boardwalk I . F 93 $ 19 , 995 . 00 13 - Section C- C Boardwalk LF 55 $ 121417 . 00 4 Section C-C Handrail _ LF 55 _ $ 3 , 987 . 00 5 Environmental Site Controls ( silt LS Job $ 1 , 300 . 00 Fence , floating turbidity barriers , etc . ) _ 6 4 ' Trail Construction LF 900 _ $ 1 , 830 . 00 7 10 Trail Construction LF -$ 2637 , x0 _. Grand Total $49, 301 . 00 CONTRACTOR, as an independent CONTRACTOR and not as an employee , shall furnish, for the sum of Forty Nine Thousand Three Hundred One and 00/ 100 Dollars ($49 , 301 . 00) , all of the necessary labor, material , and equipment to perform the work described in accordance with the Contract Documents , Article 2 . TIME OF COMPLETION Time of completion shall be 60 Days from receipt of the Notice to Proceed . Article 3 . GENERAL The CONTRACTOR hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made ; and shall complete the same the time limit specified herein in accordance with the plans and specifications . - 1 - swell p18 jo alnpa4oS 63 , XIaN3ddV Lagoon Greenway Phase Ila Bid Items Item Description Unit Qty Amount Total 1 Mobilization / Survey LS Job 2 Section B - B Boardwalk LF 93 3 Section C - C Boardwalk LF 55 4 Section C - C Handrail LF 55 Environmental Site Controls ( silt fence , 5 floating turbidity barriers , etc . ) LS Job 6 4 ' Trail Construction LF 900 7 10 ' Trail Construction LF 1190 Grand Total P -3 i MW.,.- , 03 / aa / r a 8r6 . LAGOON GREENWAY - PHASE IIA CONSTRUCTION AGREEMENT oZ O a - O ..-o THIS AGREEMENT made and entered into this qday of t1ZL:.w 2012 , by and between Safety & Environmental Systems, Inc . , hereinafter called the CONTRACTOR , and Indian River County, herein called the OWNER . WITNESSED : That whereas , the OWNER and the CONTRACTOR for the consideration hereinafter named , agree as set forth below : Article 1 . SCOPE OF WORK As per specifications of the Contract Documents for Indian River Lagoon Greenway - Phase IIA prepared by Knight. McGuire & Associates , Inc . for the Indian River Land Trust, in partnership with OWNER , such Contract Documents attached as Exhibit A to this Agreement, and in accordance with the following estimated col; �tructiou costs ( per CONTRACTOR ' S bid ) ; Lagoon Greenway Phase IIA Bid Items Item Description Unit Quanti _ Amount 1 Mobilization / Survey LS Job _ $ 7 , 134 . 00 Section B - B Boardwalk IT 93 $ 19 , 995 . 00 13 Section C-C Boardwalk I, F 55 $ 12 , 417 . 00 L4 Section C -C Handrail _ LF 55 _$ 31987 . 00 5 Environmental Site Controls ( silt LS .lob $ 1 , 300 . 00 fence, floating turbidity barriers , etc . ) 6 4 ' Trail Construction LF 900 $ 1 , 830 . 00 7 10 ' Trail Construction LF 1 190 $ 263 ? . 00 Grand Total $49 , 301 . 00 CONTRACTOR , as an independent CONTRACTOR and not as an employee , shall furnish , for the sum of Forty Nine Thousand Three Hundred One and 00/ 100 Dollars ($49, 301 . 00) , all of the necessary labor, material , and equipment to perform the work described in accordance with the Contract Documents . Article 2 . TIME OF COMPLETION Time of completion shall be 50 Days from receipt of the Notice to Proceed . Article 3 . GENERAL The CONTRACTOR hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made ; and shall complete the same the time limit specified herein in accordance with the plans and specifications . - l -