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Home My WebLink About1999-009• 4D 4D a Q � Q p Oz G eRS 99 r��9 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR INDIAN RIFER COUNTY, FLORIDA WABASSO CAUSEWAY PARI BEAUTIFICATION PROJECT IRC BID #9034 COUNTY PROJECT N0'. 9923 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA KENNETH R. MACHT, CHAIRMAN FRAN B. ADAMS VICE CHAIRMAN COMMISSIONER CAROLINE D. GINN COMMISSIONER RUTH STANBRIDGE COMMISSIONER JOHN W. TIPPIN JAMES E. CHANDLER, COUNTY ADMINISTRATOR JEFFREY K. BARTON, COUNTY CLERK CHARLES P. W LINAC, COUNTY ATTORNEY JAMES W. DAVIS, P.E., DIRECTOR OF PUBLIC WORKS G. SEAN MCGUiRE, P.E., PROJECT ENGINEER Brad Smith Associates, Inc. 1800 W. Hibiscus Boutaward, Suits 112 Melbourne, Flarlda 32901 (407) 724-1038 40 11 ' TABLE OfCONTENTS BID PACKAGE Advertisement for Bids A8 1-2 Instructions umBidders |B 1'7 Bid Proposal 8P1'7 Bid Bond B81'2 Statement on Public Entity Crimes SI -3 Sworn Statement nnDisclosure Of Relationships S3I-2 Sworn Statement Under F|nMdoTrench T 1'2 Safety Law |nfnnnmhon Required of Bidders O 1'2 QQNTRAQT FORMS Agreement A1{> PoifonnoncaBood P8 1'4 PaymentBond PB 1-4 SampteCertificate ofInsurance c| 1 Final Payment FP 1 Application for Payment AP 1 Shop Drawings/Catalog Cut Submittal GD 1 QC 1'4O GO 1'5 TG 1A1 -1D2 =PIRK-102 FDOTMaintenance Memorandum of Agreement 0 4W 40 0 f�ACKAQ9 ff VW193J*.T,* MA -. 0 �01*111101&1 5ECTION.T.ITIE i"AANUINJILER Advertisement for Bids AB 1-2 Instructions to Bidders IB 1-7 Bid Proposal BP 1-7 Bid Bond BB 1-2 Statement of Public Entity Crimes S 1-3 Sworn Statement Under IRC Code on Discfosure of Relationships SS 1-2 Sworn Statement Under Florida Trench T 1-2 Safety Law Information Required of Bidders Q 1-2 SUBMIT THIS CQMPLETIE PACKAGE WITH YOUR BID 41111111 • 4D • Telephone: (5611567-8000 BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32950 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY SUNCOh1.' 225.1779 FAX 661.779.9391 Sealed bids will be received by Indian River County until 2:00 PM on Wednesday, December 9, 1998. Each Bid shall be submitted in a sealed envelope and shall bear the name and address of the bidder on the outside and the words "WABASSO CAUSEWAY PARK BEAUTIFICATION PROJECT." All bids, either mailed or walked in, will be received by the Purchasing Division, 2625 19th Avenue, Vero Beach, Florida, where they will be opened publicly and read aloud at 2:00 PM. All bids received after 2:00 P.M„ of the day specified above, will be returned unopened. IRC BID #'9034 WABASSO CAUSEWAY PARK BEAUTIFICATION PROJECT INDIAN [DIVER COUNTY PROJECT NO. 9623 All material and equipment furnished and all work performed shall be in strict accordance with the plans, specifications, and contract documents pertaining thereto, which may be obtained from the Public Works I0e 8rt tT1 t340 25th Street Veru each FI.Qrida 32960 (5�'� ]567-800Q. ext. 51Q gL3M4 Copies of the plans and the specifications containing the necessary contract documents may be obtained by deposit of a check made payable to INDIAN RIVER QDtINDC, UQARDOF GOLIUTY COMMI$$IONtERS, in the amount of FORTY DOLLARS ($40.00) for each set, which represents asst of printing, handling, and mailing and which is non refundable. i ii iritis uhaiii be submiited on the bid Proposal Corms provided within the specifications. A L31U BOND must accompany each Bid, and be properly executed by the Bidder and by a qualified surety, or certified check or cashierrs check on any bank authorized to do business in the State of Florida, in the ruin of not less than Five Percent (5%) of the total amount bid, made payable to Indian River County Board of County Commissioners, In the event the Contract is awarded to the Bidder, he will enter into a Contract with the County and furnish the required Performance and Payment Bond unless the Bid is below $50,000, in which case the County will waive the requirements for a separate Performance Bond and Payment Bond. If the'Bidder fails to do so, he shall forfeit the said Bid Bored as liquidated damages. AU -1 40 4D • The County reserves the right to delay awarding of the Contract for a period of sixty (60) days after the bid opening, to waive informalities in any hid, or reject any or all bids in whole or in part with or without causefor to accept the laid that, in its judgement, will serve the best interest of Indian, River County, Florida. A Pre -Bid Corderence meeting will be held an Tuesday, December 1, 1998 at 2:00 PM, in the first floor conference room of the Indian River County Administration Building Ionated at 1840 25th Street, Vero Beach, Florida 32960. INDIAN RIVER COUNTY By: Fran Boynton -Powell Purchasing Manager For Publication in the Vero Beach Press Journal Date(s): Monday, November 16, 1998 Monday, November 23, 1998 For: Vero Beach Press Journal Blease furnish tear sheet and AffiRdavit of Publication to: INDIAN RIVER COUNTY PURCHASING DIVISION 2625 19th Street Vero Beach, FL 32960 'E71ENT FOR 31"S A[1-2 1-1 40 40 INSTRUCTIONS TO BIDDERS IPMMM Terms used in these Instructions to Bidders which are defined in the General Conditions have the meanings assigned to them in the General Conditions. The term "Successful Bidder" means the lowest, qualified, responsible Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) mares an award, Nllle� • y . - Mr ,A M, 2.1. Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation may be obtained from Engineer (unless another issuing office is designated in the Advertisement or Invitations to Bid). 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. Qualifications of Bidders. 3.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days of Owner's written request, an audited financial statement, a list of major pieces of construction equipment owned by the Bidder and documentation demonstrating the Bidder's compliance with the qualifications listed below: a. Bidder must have at least five years' experience in the construction of similar projects of this size and larder. b. Bidder must have successfully constructed, as prime CONTRACTOR, at least three projects similar in scrape to this project. C. Bidder must have good recommendations from at least three clients similar to the OWNER. d. The Bidder's superintendent and assistants must be qualified and experienced in similar projects in all categories. e. Bidder must be able to provide evidence of authority to conduct business in the jurisdiction in which the project is located. 3.2 The OWNER reserves the right to reject bids from Bidders that are unable to meet the listed required qualifications. 4. Exarsin�2f.Qo c c 7 s d to 4.1. Before submitting a Bid, each Bidder must (a) examine the Contract Documents thoroughly; (b) visit the site to familiarize himself with local conditions that may INSTRUCTIONS TO BIDDERS rq _ I 4 etd C-1 C7 in any manner affect cost, progress or performance of the Werk; (c)familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, and (d) study and carefully correlate Bidders observations with the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for the identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Wort( which have been relied upon by Engineer in preparing the Drawings and Specifications. B --fore submitting his Bid each Bidder will, at his own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.3, Can request Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid. 4.4. The lands upon which the Work is to be performed, rights-of-way for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Supplementary Conditions, General Requirements or Drawings. 4.5. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this Article 4 and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. 5. InUe a i n -a All questions about the meaning or intent of the Contract Documents shall be submitted to Engineer in writing. Replies will be issued by Addenda mailed or delivered to all parties recorded by Engineer as haviriq received the Biddino Documents, Questions received less than ten days prior to the date for opening of Bids will not be answered. Only questions answered by formal written. Addenda wilt be binding. Oral and other interpretations or clarifications will be without legal effect. 6.d 5ecuri 6.1. Bid Security shall be made payable to Owner, in the amount specified in the Bid Firm and in the form of a certified check, cashier's check, treasurer's check or bank draft of any national or state bank or a Bid Bond(on the form attached) issued by a. Surety meeting the requirements of paragraph 5.1 of the General Conditions. INSTRUCTIONS TO BIDDERS 0 ? 0 • CI 0.2. The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Contract Security, whereupon it will be returned; if the successful Bidder fails to execute and deliver the Agreement and furnish the required Contract Security within 15 days of the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of any Bidder whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the "effective date of the Agreement" (which term is defined in the General Conditions) and the required Contract Security is furnished or the sixty-first day after the Bid opening, Bid Security of other [udders will be returned within sixty days of the Bid opening. Contract Tires The number of days within which, or the date by which, the Work is to be completed (the Contract Time) is set forth in the Bid Form and will be included in the Agreement. It is understood and agreed that if the project is not completed within sixty (00) calendar days from issuance of a Notice to Proceed, the County will apply liquidated damages sof $1001calendar day. The damages will be deducted from monies due the Contractor, not to exceed the total contract price. 9. Substitute Material and_q_u prime, The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or -equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or -equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by Contractor and consideration by Engineer is set forth in Paragraph 6.1 of the General Conditions. 10. Subcontractors etc_ 10,1, The General Conditions require the identity of certain Subcontractors and other persons and organizations to be submitted to Owner in advance of the Notice of Award. The apparent Successful Bidder, and any other Bidder so requested, will within seven days after the day of the laid opening submit to Owner a list of all Subcontractors and other persons and organantions (including those who are to furnish the principal items of materiat and equipment) proposed for those portions of the Work as to which such identification is so required. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of qualification for each such Subcontractor, person and organization if requested by Owner. If Owner or Engineer after due investigation has reasonable objection to any proposed INSTRUCTIONS TO BIDDERS n. i • l7-1 Subcontractor, other person or organization, either may before giving the Notice of Award request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid ,price. If the apparent Successful Bidder declines to make any such substitution, the contract shall not be awarded to such Bidder, but his declining to make any such substitution will not constitute grounds for sacrificing his Bid Security. Any Subcontractor, other person or organization so listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and engineer. 10.2. In contracts where the Contract Price is on the basis of Cost -of -the -Work plus a fee, the apparent Successful Bidder, prior to the Notice of Award, shall idantify in writing, to Owrier those portions of the V-vork that such Bidder proposes to subcontract and after the Notice of Award may only subcontract other portions of the Work with Owners written consent. 10.3. No Contractor shall be required to employ any Subcontractor, other person or organization against whom he has reasonable objection. 11. did or'nt 11.1. The Bid Form is attached hereto; additional copies may be obtained from Engineer. 11.2. Bid Forms must be completed in ink or by typewriter. The total bid price must be stated legibly in words and numerals. 11.3. Bids by corporations must be executed in the corporate name by the president or a Vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal roust be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 11.4. Bids by partnerships must be executed in the partnership name and sinned by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 11.5. All names must be typed or printed below the signature. 11.6. The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form). 11.7. The address to which communications reaardino the Bid are to be directed must be shown. - INSTRUCTIONS TO BIDDERS P..a +0 40 11.8. All supporting information requested in the [yid Form must be furnished. Do not leave any questions or requests unanswered. 12. 5,uhmission of Bids 12.1. Bids shall be submitted at the time and Palace indicated in the Invitation to Sid and shall be included in an opaque seated envelope, marked with the Project title and name and address of the Bidder and accompanied by a completed Sworn Statement under the Florida Trench Safety Act, Statement on Public Entity Crimes, the Bid Security and other required documents which are included in the Contract Document. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "Bid Enclosed" on the fuco thereof. 12.2. The successful Bidder will be responsible for compliance with all applicable safety-related Federal and State statutes and regulations, including, but not limited to, the OSHA excavation safety standards, 20 C.F.R., Part 1920, Subpart P -Excavations, Trenching and Shoring, which are adopted by reference of the newly -enacted Florida "Trench Safety Act", Section 553.60 et. Seq., Florida Statutes The Bidder who will perform trench excavation work on a construction project with trench excavation(s) over 5 feet in depth must allocate and include in its bid the cost of compliance with trench safety standards and any special shoring requirement. The Bidder must indicate in the sworn statement the method(s) he intends to use to achieve compliance with each item (i.e., trench box, sheet piling, cribbing, wood shoring, or other method selected by Bidder). 13. Modification and Withdrawal of Bids 13.1. Bids maybe modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 13.2. If, within twenty-four hours after Bids are opened, any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial irnisiake In the pi v. a(ation of his Bid, Thai Bidder may withdraw nis bid and the Bid Security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work. •. .... :+ Bids will be opened publicly. When Bids are opened publicly they will be read aloud, and an abstract of the amounts of the base Bids and major alternates (if any) will be made available after the opening of Aids. INSTRUCTIONS TO BIDDERS IE - F MID 40 CJ 15. Bids �o Remain QRerf All Bids shall remain open for sixty days after the day of the Bid opening, but Owner may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 16. Lwa d of Contract 1G.1. Owner reserves the right to reject any and all Bids, to waive any and all informalities ,and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, non-responsive or conditional Bids. Discrepancies between wards and figures will be resolved in favor of words. Discrepancies beha een the indicated sum of any column', of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between the indicated extension of unit prices and the correct extension thereof will be resolved in favor of the correct extension. 16.2. In evaluating Bids, Owner shall consider the qualifications of the Bidders, whether of, not the Bids comply with the prescribed requirements, and alternates and unit prices if requested in the Bid forms. It is Owner's intent to accept alternates (if any are accepted) in ttie order in which they are listed in the Bid form, but Owner may accept them in any order or combination. 16.3. Owner may consider the qualifications and experience of Subcontractors and other persons and organizations(including those who are to furnish the principal items of material or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and under the signature and the official address of the partnership must be shown below the signature. 16.4. Owner may conduct such investigations as he deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidders, proposed Subcontractors and other persons and organizations to do the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 16.5. Owner reserves the right to reject the Bid of any Bidder who does not pass any Such GYGIUC1gIV11 to I.J YYI IGI b 3p41J1 Cilrll Vl lI. 15.5. If the contract is to be awarded, it will be awarded to the lowest responsive, responsible Bidder on the basis of the Total Base Bid. 16.7. if the contract is to be awarded. Owner will give the Successful Bidder a C'�'tice of Award within sixty days after the day of the Bid opening. 17.arformance at43t1er Bonds Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to performance and payment Bonds. When the successful INSTRUCTIONS TO BIDDERS M 4D dw Bidder delivers the executed Agreement to Owner it shall be accompanied by the required Contract Security, unless the Bonds have been waived due to the total contract being less than $50,000. 18. Interrgtion of the Aximate Quantities The Bidder's attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the Specifications as shown on the Bid Schedule, or elsewhere, is approximate only and not guaranteed. The Owner rices not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities, nor shall the Contractor plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work; or other renditlons pertain;ng thereto. 19. - cu fon of Contrac( The Bidder to whom the Contract is awarded shall, within ten (10) days of the Notice of Award, execute and deliver five (5) copies of the following to the Engineer: a. Agreement b. Performance Bond(lf required) c. Payment Bond(If required) d. Certificate of Insurance 2C, FA11-UBE Tu t=om. -C4, U 'fKALT Should bidder to whom the contract has been awarded refuse or fail to complete the requirements of Article 19 above within ten (lil) days after Notice of Award, the additional time in calendar days required to correctly complete the dOCLIments will be deducted, in equal amount, from the Contract time, or the County may elect to revoke Bid Band of any Bidder failing to execute the awarded Contract shall be held by the County for consequential damages incurred, and the Contract awarded as the Commission desires. INSTRUCTIONS TO BIDDERS Qui BID PROPOSAL INDIAN RIVER COUNTY WABASSO CAUSEWAY PARK BEAUTIFICATION PROJECT IRC BID ##9034 COUNTY PROJECT ##9623 AMOTJt. BROTHERS CORPORATION (Bidder's Name) (Bidder's Address) to furnish and deliver all materials and to do and perform all work in accordance with the Contract Documents TO Purchasing Department Indian River County 2625 19th Avenue Vero Beach, FL 329601 Gentlemen: Thu undersigned oidder Ids carefully vyalliined the Coniraci Documents and the site Of the WOM 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 materials called for by said plans and specifications, in the manner prescribed therein, in accordance with the Contract Documents and to the standards of quality and performance established by the County, for the unit prices stated in the spaces herein provided, for each of the items or combination of items stipulated. It is understood that certain quantities 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 quantities placed in the construction as more specifically provided in the Instruction to Bidders and Technical Specifications included as Dart of the Contrnnt Dnmirni-ntt 1. To do any extra work, not covered by the above schedule of prices, which may be ordered by the Engineer upon authorization by the County Commission, and to accept as full compensation therefore such prices as may be agreed upon in writing by the F=ngineer and the Contractor in accordance with General Conditions. Within ten (10) days from the date of acceptance of this proposal, to exec. a tllpe C,)ntract and to fumish Inc ian# River Cour>,# a erten i �a oN]d it arm arnautit eaual 0 1 5° of the contract p-rice_rrlri a f gYItiersi Bid in an ar un equal L 'i000 of the ontract price, The Contractor shall provide two (2) separate bonds, a combined ti. � � �- .v. _.z:..��.�,.A��i:�F.nr•'dr.:.-.�t1:wd:lYia�eaAi''-`Ww _: ''�':`5+`a:�.:I I Payment and Performance Fond for '125% of [tie contract price is riot an acceptable j substitute. Bonds may be waived by tfle County, if ]lie total contract price is below ! $50,000. 1 3. To begin work Wthin twenty (20) calendar days after (lie date of receipt by him of Notice - to -Proceed, and to complete the Project within sixty (60) calendar days as specified in the ,Agreement between the ovaier and the Contraclor 4. To reimburse Indian River County, as liquidated dartlages, for each calendar day elapsing between the date herein specified as the date of full completion and the actual date of such full completion of the contract woF1,, the amount of one hundred doilars ($100.00) per calendar day, not to exceed the total arnoUnt of the contract. The undersigned as bidder, declares that the only persons of parties interested in this proposal as principals are those named herein; that this proposal is made wiithou; collusion with any person, firm, or corporation; and he proposes and agrees, if the proposal is accepted, that he will execute a contract with the OWNER itl the form set forth in the contract documents and that he will accept in full payment thereof the following prices, to wit. It is understood that the foregoing quantities are approximate only and taro solely for the purpose of facilitating the comparison upon the basis of the actual quantities in the completed work, whether they be more or less than those shown, L L R L. A 14 L� i Aw 40 WABASSO CAUSEWAY PARK BEAUTIFICATION PROJECT ITEMIZED BID SCHEDULE{E3(HIBIT "A" TO AGREEMENT) CITY SYM 113{1TAF[tChR N1iRbE COMMON NAME specf*AlTMNS CCISTl1 Ri SUATOTAL Trees 82 C.U.1. Coccoloba uvifefa Soagrape (large) 7-8'x 5-T 4 r B & B• fio.c. 32 C,U.2. Coccoloba uvifera Soagrape [small} 4-5'x 3.4' _ 7 gal.. 5' o. c. B L.L. Ligusl rum lucidum Ligustrum Tree 8 -Hr x 6-8' mull) -stem 2%-3'c.1- ` ' t - ( r i : f) '[ ( f f SPECIMEN 346 S.P. Sabal palmetto Cabbage Palm 6-1160, min 2' stagger r t' between adjacent palms M T.S.P. Sabal palmetto Cabbage Palm from entrance planting area lr (. ; c. • a [- �- , e o r 208 WA. Washinglonia robusla Washingion Palm 29 @ 8" c.t., 22 @ i❑ c.l r �LL tC' G r Cre+•� 35 @ i 7 c.t., 29 23 @ 1G c.l.. 13 @ 2t7 c.t. _ 2; 10@ 22'c.t.,4@24'c.t. A']ri.,l}Vti 'Shrubs 196 I.V.N. Llex vomitoria 'Nona' Dwart Yaupon HoPy 15.16- x 15.18` r < < l ={ . ' f (Schellings) 3 gal., 30" o.c. 916 S. B. Sparbna bakern Sand Cordgrass 30-3T x 18-24' f ; r r {' }l f r' - full 3 gal., S o.c. 164 S.T. Sophora tom entosa Necklace Pod 24.30" x 1B-24` 3 gat., 3 ox. `Ground f•.�v.. 246 Fl D. Helianihus d1b itis Pune Sunfloyrer full 1 gal. 7 o.c. _l.: -�f-� G A . 223 GP Gallardia pulchella Blanket f Iowa full 1 gal 7 o c. ,f 'a. .b 6841 dA C. fvluhlenbergra Harr Grass full 1 gal 3d o.c. } ��i 1 t , capillans (Muhly Grass) Sod S F Codon dactyton Common Bermuda L'�t A A 40 C7 r] 0 r r'A+lukh 569 C.Y. Shredded Cypress Bark Mulch rCap �A Rock 96 Cap Rack Boulders 30.3E L x 24-W rD- x 18-24 H. 16 Gap Rack Btwldera 3}.'Mr L x 24-3L7'1 t + �� .£ •r ( ' D. x 18-24 H. Other T50,386 S F. Square Feet 1 L5 Lump Sum 14Wbil radcn .f, (i ' ,f [ IL} � r •( i ( 1 L.S. Lump Surn Ear(hrwofk(Sfie preparatlanin 1 L.S. Lump Sum Traffic cQ0rovsatety requirements TOTAL BASF zu�40"1:1 r BID *NOTES: 1. Shrubs and ground cover, and mulch items are to be delivered, cost. These items will be installed by Indian River County personnel. Delivery of items to site shall be coordinated with the Indian River County Parks Division. 7.. In the event that changes (either additions or deletions) in the scope of work are introduced in the form of a proposal request or change order, the unit prices indicated on attached bid breakdown form will be utilized in determining the cost of the change in work. The unit Dricas iisied snail include all materiels and labor incidental to the item excluding mulch, but including fertilization, planting soil, overhead, and profit, Mo.. BID PROPOSAL 131'-4 0 • • 0 ACCOMPANYING THIS PROPOSAL IS_ (Insert the word(s) "cash", "bidder's bond", or "certified check", as the case may be, payable to INDIAN RIVER COUNTY, p y The undersigned deposits the above-named security as a pro proposal guarantee and agrees P g that it shall be forfeited to the OWNER as liquidated damages in case this proposal is accepted by the OWNER and the undersigned fails to execute a contract with the OWNER as specified in the contract documents accompanied by the required labor and material and faithful performance r bonds with sureties satisfactory to the OWNER, and accompanied by the required certificates of J insurance coverage. Should the OWNER be required to engage the services of an attorney in connection with the enforcement of [iris bid, bidder promises to pay OWNER'S reasonable attorneys' fees incurred with or without suit. The names of ail persons interested in the foregoing g g proposals as principals are as follows: 1 (NOTICE - If bidder or other interested person is a corporation, state legal name of corporation, 1 also names of the president, secretary, treasurer, and manager thereof; if a co -partnership, state true name of firm, also names of all individual co-partners composing firm; if bidder or their interested person is an individual, state first and last names in full.) it. � � t �' tr `` .- ��5� r T � E �' � C- • t t _ f+ '�C iI cf, Bidder hereby certifies that it has all license's and permits required by Federal, State and locaf statutes, regulations and ordinances. Contractor's License No: Bidder hereby acknowledges receipt of the following addenda: No. � 4 date No. date No. date No. date _ No. date No. date No. date No, date NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth below, together with the signature of the officer or Officers authorized to sign contracts on behalf of the corporation and corporate seal; if bidder is a co -partnership, the true name of the firm shall be set forth below, together with the signature of the partner or partners authorized to sign contracts in behalf of the co -partnership; and if the bidder is an individual, his signature shall be placed below; if a special partnership, the narnes of the general partners and special partners. OD Lj 4D 0 9 rlSignature of Bidde.F: t rl 11 ; Y!, I � IT, i O -SAI i i • 0 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we as Principal, and as Surety, a Corporation duly organized under the Laws of the State of Florida with its principal offices in the City of and authorized to do business in the State of Florida are held and firmly bound unto INDIAN RIVER COUNTY hereinafter called the OWNER in the penal sum of Dollars ($ ), lawful money of the United States, amounting to 5% of the total bid price, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly dnd severally, tirmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated , 19_, for the construction of WABASSO CAUSEWAY PARK BEAUTIFICATION PROJECT IRC BID #9034 IRC Project #9623 NOW, THEREFORE, if the Principal shall not withdraw said bid within the period of time SP -t forth in thea r-nnfrom documents, and shall within ten (1 C) calendar days after the prescribed forms are are presented to him for signature enter into a written contract with the OWNER in accordance with the bid as accepted, and if the Principal shall give the required bunds with good and sufficient sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and material men, or in the event of the withdrawal of said bid within the periods specified, or the failure to enter into said contract, and give such bonds within the time specified, if the Principal shall within sixty (60) days after request by the OWNER pay to the OWNER the difference between the amount specified in said bid and the amount for which the OWNER may procure the required work if the latter amount be in excess of the f oriner, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.. It is further agreed that if the OWNER is required to initiate legal proceedings to recover on this hnnfwi, it MM11 -len r..V Y4r it's c ozlisa iGlatuiry '"" Jar cto iiwluuinng v reasonable ai uuiati rw,_ attorneys' fees. IN WITNESS WHEREOF, the above -bounden parties have executed this instrument under their several seals this day of , 19—, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. BID $oND 40 M a 0 WITNESSES (if individual) PRINCIPAL By By (Bidder) Py— --- By Title ATTEST (if corporation) Title Corporate Seal SURETY By Title Any claims under this bond may be addressed to: Ns.rra and address of Surety Dame and address of agent or representative in Florida if different from above Telephone number of Surety and agent or representative in Florida ATTEST Title corporaxe Seai BID BOND BB ? 1 -1 40 0 0 0 � STATEh8ENTDFPUBL|��ENTITY CR|K82S � This form is m sworn statement under Section 287.133(3)(o) Florida on public entity crimes and must be signed in the presence of m notary public or other officer ��^�^"^'ou|horbed /' administer oaths. 1This sworn statement |asubmitted with Bid. Proposal cvCon�nctNo� i� for i- � 2. This sworn statement |osubmitted by ---------r whose business address is T VA applicable) its Federal Employer Identification Number (FEIN) is (ci )(if the entity has no FEIN. include the Social Security Number of the individual signing this sworn statement- - —/ name .~ !| and myrelationship (othe entity named above i � — 4. |undershandd1ota^Pub|inGnh(yCdnm"madefinmdUl9armgnaph287�.�1`33(1)(g�) Eko-Lid—aStatutes, means a violation of any State or Federal law by a person with respect to and LAdirectly related tothe transaction ofbusiness with any public entity orwith mnagency orU political subdivision of any other State or with [tie United 8ks(os, including, buil not limited any bid or contract for goods orservices to be provided to any /hz entity or an agency or political subdivision of any other oiabo or of the United States and involving fraud, theft, bribery, collusion, racketeering, conspiracy, o/ _aH*no) Amisrepresentation, N N�� I understand that "convicted" or "conviction" as defined /n PgneOnyph 288133(1)(b). Elorida 8��U 'meonmoUndin0ufguUtoracunv/u\ionoyapub|ioenUtyodme with or ---�" without an adjudication of guilt, in any Federal or State �a| court ofrecord relating to charges brought by indictment or information after July 1, 1889. as e result of e/ury 0X verdict, nonjury trio|, or entry of plea of guilty or nolo contendere. 6. | understand that an 'affiliate" as defined in Paragraph 287.133(i)(a). 0�� means: . — a. A predecessor orsuccessor ofo person convicted of public entity crime; or, b� Anentity under the control of anatural person who ioactive inthe monmQn'antoy L4 the enUtyand who has been convicted ofopublic enh\ycrime. The term "-''i|i —' m(e^ officers, em--'emo members. and oQon(o who are active in the management of an '0|i`-'�The L4 ownership by one person of shares constituting a controlling interest in another peroon, ora pooling ofequipment orincome among persons when not for fair market va;ue under an arm's length agreement, shall be a prima facie case that one C-1 • 0 1 person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding thirty-six (36) months small be considered an affiliate. 7. 1 understand that a "person" as defined in Paragraph 287.133(l)(e), Florida_ Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid ` on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person'' includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees. members, or agent %V. 0 ;rw 3Ctiva In management of the entity, or an affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989, (Please indicate which additional statement applies,) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list_ There has been a subsequent proceeding before a hearing officer of the State of 'Florida, Division of Administrative hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) Thor c persoi i or affiliate ;-,as iwi been placed on the convicted vendor list, (Please describe any action taken by or pending with the Department of General Sc,,vices.) (signature) (date) A 410 a 0 A A STATE OF COUNTY 01F PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being {name of individual signing}sworn by me, affixed his/her signature in the space provided above on thist , 1:�='('C-'t s-,�'_�'r �—,�g'�E`�•.� - day of NOTARY PUBLIC VFF[ '1A4.NtrrAESYSFAI. { prARY i IJiai.ICS!'hTFI:MiE)A C0 1MESSi['€3itiC?.i.!:rCi3�G M commission expires: = .�k 1c 5 h1Y �:S1Fl.�lESc1{Tia AI . Iti7^i;7 40 E-1 0 5111195(docldisClose-doc ) i W RN $_TATEIVI NT UN__ NER $ CTI N 105.08 j INDIAN RlVFR QQ11MTV C of N O1_$CLi IRS CSF RI;L—I NSHIPS THIS FORM MUST BE SIGNE=D IN THE PRESENCE - CC OF A NOTARY PUBLIC OR OTHEE f OFFICER AUTHORIZED TO ADMINISTER OATHS. { 1. This sworn statement is submitted with Bid, Proposal or Contract No., `(cl- a -7`1 for r . ri r. •.' '.:� -- � ' , • , s � � • � l . i , A. Yl. l'�f`'l 2.. This sworn statement is submitted by: t -o-r( N hosebusinesG address is:t1'st r t ti , : , and (if applicabie)its Federal Employer Identificatiors Number (FEIN) is ' t '; Y. • (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement I S. My name is 1 . t " •, t - S ,t,. „ ; and my relationship to the entity named above is ' ` Is r : ,� i . , t ) I - �,. � ,t 'i 4. 1 understand that an "affiliate" as defined in Section 905.08, Indian, River County Code, means: The term "afrow," irio.r,i_ tr,o�e officers, directors, executives, partners, shareholders, employees, members, acrd agents who are active in the management of the entity. 5. 1 understand that the relationship with a County Commissioner or County employee that must be disclosed is as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, rust cousin, nephew, niece, a husband, wife, father -in -raw, mother-int-iaw, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, hall sister, grandparent or grandchild r 5. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.? 6' X— Neither the entity submitting this sworn statement, nor any officers, directors, executives, ' partners, shareholders, employees, members, or agents who are active in management t' of the entity, have aiiy relationships as defined in Section 105.08, Indian River County j: Code, with any County Commissioner or County employee. The entity submitting this sworn statement, or one or more of the officurq, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity have the following relationships with a Courfy Commissioner or County employee: ab s 0 0 Nam- of kffiliaat Name or Crsunty Go�nrnissioner or Relationship or emtalovee .d (signature) LA - (date) STATE OF 'C -- COUNTY COUNTY OF V�-A The foregoing instrument was acknowledged before me this t -R• � 1 day of by i .--if i r ' r , who is personally known to me or who has produced e f f..'t, y i as identification. NO'fARY PUBLIC grFiClAS.htY111itY5!°J+1. . orant.t se,trit sign: ncrrAlRY aut.u_ sri t s: or 1 .()J n A print: p coMMISSSCh! PdC1. CC7G7:{� My CoMI1-(X AUG.'3,700Z State of Florida at Large My Commissioner Expires: Fa,� i (Seal) 11111111110 4a 0 0 SWORN STATEMENT UNDER THE FLORIDA TRENCH SAFETY ACT THIS FORM MUST BE SIGNED BY THE BIDDER WHO WILL BE RESPONSIBLE FOR THE EXCAVATION WORK ('BIDDER"), OR ITS AUTHORIZED REPRESENTATIVE, IN THE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO ADMINISTER OATHS. 1. This Sworn Statement is submitted with the -Bid No: �L"of (Narne of Project, and contract NO. or Designation, etc.) 2. This Sworn Statement is submitted by t (legal name or entity oubmMing sevum statement) hereinafter "BIDDER", business address is 'r` BIDDER'S Federal Employer Identification Number (FEIN) is 3. My name is r,e— .�r r'r + tr a , t _ and my relationship (— 1`( r 'c V E �� (printname of Individual signing) to the BIDDER is 1r ' ,r. t', L�� of/for the BIDDER Cke -' „, �''�� I ( A (position or title) I certify, through my signature at the end of this Sworn Statement, that I am an authorized representative of the BIDDER. 4. The Trench Safety Stand ds that will be in effect during the construction of this Project are contained within N f1 (refer to the applicable iorida Statute(s) and/or OSHA Regulation(s) and include the "effective date" in the citation(s), Reference to and compliance with the applicable Florida Statute(s) and/or OSHA Regulation(s) is the complete and sole responsibility of the BIDDER. Such reference will not be checked by OWNER or ENGINEER for accuracy, completeness or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER'S compliance with the trench safety standards. 5. The BIDDER assures the OWNER that it will comply with the applicable Trench Safety Standards and agrees to indemnify, defend and hold harmless the OWNER and ENGINEER, and any of their agents or employees, from any claims arising from the failure of the BIDDER to identify applicable standards or to comply with said standards. As specific consideration for the indemnification above, the OWNER agrees to give the BIDDER twenty-five dollars ($25.00), which the OWNER agrees is paid on behalf of all parties indemnified herein above. 6. The BIDDER has allocated and included in its bid the total amount of $ h/ rl based on the linear feet of trench to be excavated over five (5) feat deep, for comp/ ante with the I ITPPP-11 FTATEMENT C.3 0 C] 0 I applicable Trench Safety Standards and Intends to comply with said standards by instru�c�ti�ng the following specific methods) of compliance on this Project: �j1 !ff The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER'S compliance with the Trench Safety Standards, 7. The BIDDER has allocated and included in its bid the total amount of $ t) 13 based on the square feet of shoring to be used for compliance with shoring safety requirements and intends to comply with said shoring requirements by instituting the following specific method(s) of compliance on this Project: The determination of the appropriate rnethod(s) of compliance is the complete and sole responsibility of the Excavation Contractor. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness or any other purpose. The OWNER and ENGINEER shall have not responsibility to review or check the BIDDER'S compliance with the Trench Safety Standards, �. The BIDDER, in submitting this bid, represents that it has obtained and considered all available geotachnicaf information, has utilized said geotechnical information and that, based on such information and the BfDDER'S own information, the BIDDER has sufficient knowledge of the P'roject's surface and subsurface site conditions and characteristics to assure BIDDER'S compliance with the applicable Trench Safety Standards in designing the trench safety systems) for the project. ARASOZA BROTHERS CORPORATION et �osF� By (S gnature) i 'Cft. 7 [- (Posdfon or Tdle) �—� ❑ate) SWORN TO AND SUBSCRIBED before rrre ttus{Ytticiay My Corrlrllissi0rl Expires: Notary Public 0""C"", "'"'"Y'RA" "C"",rt"'"Y'RA" Ut:Al,l; ,AIIT" �:7rhR1' Pi III;.I;; 41'hTF OP ri.t7� II)A �i Y C }„ 1141tiSIU�! FXi', At'C:. 13.200?. INFORMATION REQUIRED OF BIDDERS GENERAL INFORMATION THE UNDERSIGNED BIDDER GUARANTEES THE TRUTH AND ACCURACY OF Al. STATEMENTS AND ANSWERS HEREIN CONTAINED. FAILURE TO COMPLY WITH THl REQUIREMENT MAY BE CONSIDERE=D SUFFICIENT JUSTIFICATION T -O DISQUALIFY BIDDER. ADDITIONAL SHEETS SHALL BE ATTACHED AS REQUIRED. 1. Contractor's Name/Address w 2. Contractor's Telephone & FAX Numbers:_( S. Contractor's License:_ 4, Number of years as a Contractor in construction work of the type involved in this contract I , I , .t . 5. What is the last project of this nature that you have completed? i- 6. Have you ever failed tri complete work awarded to you. if so, where and why? ` sF: — 7. List the names and titles of all officers of Contractor's firm: t r ` it S . 4 ...i 8. Name of person whp inspected site or proposed work for your firm: Name: Date of Inspection: NOTE; If requested by the Counly, tf}e l3idder SlIall furnish a notarized financial statement, references and other information, suffidently compretrensive to permit an appraisal of his current financial condition. ARUOZA BROTHERS CORPORATInN (Bidder) 40 4D 40 0 0 LIST OF SUB -CONTRACTORS The Bidder WILL list below the name and address of each Sub-Contra0ur who will perform work under this Contract in excess of one-half percent of the total bid price, and WALL also list the portion of the work which will be done by such Sub -Contractor. After the opening of Proposals, changes or substitutions will be allowed with written approval of Indian River County. Sub - Contractors must be properly licensed and hold a valid Certificate of Competency. Work to be PgrfQrmed ub- oRVgU rs's„tea e/ ddress 4 4 y Y y b a 5. 6. 7. 8. (Vote: Attached additi©nal sheets if required. .... .......f Agreement A 1-3 Performance Bond PB 1-4 Payment Bond PB 1-4 Sample Certificate ofInsurance C| 1 Final Payment FP 1 Application for Payment AP Shop Cut Submittal SD i 40 • 0 AGREEMENT INDIAN RIVER COUNTY, FLORIDA WABASSO CAUSEWAY PARK BEAUTIFICATION PROJECT COUNTY PROJECT NO. 3623 THIS AGREEMENT made and entered into on the day of ��: ig by and between _J�RAZOZA f3RQTHERS CORP(3R T (N 159Q1 19Q1 SWtr e_st�c,JQia_..0 _ (Address) herein after called the Contractor, and INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, hereinafter called the County. WITNESSED: That the Contractor and the County, for the consideration hereinafter named, agree as follows.- Article ollows:Article 1. SCOPE OF WORK: The Contractor shall furnish all of the materials and perform all the work shown on the Drawings and described in the Specifications entitled: WABASSO CAUSEWAY PARK BEAUTIFICATION PROJECT IRC #9034 for Indian river County, i=iorida and shall do everything required by this Agreement and Contract Documents. Payment shall be matte in accordance with the Itemized Bid Schedule attached as Exhibit "A" and made a part of this agreement. Article 2. COMMENCEMENT AND COMPLETION & DAMAGES: As time is of the essence, the Contractor will be required to commence work under this contract within twenty (20) calendar days after receipt of the notice -to -proceed and shall complete the project within sixty (60)calendar days. The time stated for completion shall include final clean-up of the premises. The Contractor agrees to reimburse Indian River County, Florida liquidated damages for each calendar day elapsing between the date herein specified as the day of full completion and the actual day of such completion of the Contract work the amount of one hundred dollars ($100) per calendar day. Not to exceed the total amount of the contract. Article 3. THE CONTRACT SUM: The County will pay the Contractor for performance of the Contract, subject to additions and deductions provided therein, in current funds as follows: ni _w�,V.,HUf�G e TboWaRnIE9XaunQr,r + !r + ►+ AGREEMENT A - 1 r-. 40 40 11 Article 4. PAYMENT & RETAINAGE: Progress payments an the Contract amount for the vf1lue of work, completed and component material on site will be made upon request at not fess than monthly intervals. The request must be made through the Engineer on an approved estimate showing the component breakdown of the work totaling the awarded Contract price and the amount of work for each item completed at the time of the request. Ten percent (10% of all amounts earned will be retained by the Dunt un -til -final co lei a d acceQt n e of the Contract Contractor shall allow adequate processing time for County Commission final acceptance and approval for final payment. Article S. ACCEPTANCE ANIS FINAL PAYMENT: Upon receipt of written notice that the work is ready for final inspection and acceptance, the County Public Works Director will promptly make such inspection and when he finds the work acceptablp kinder the terms of the Contract and the Contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work provided for in this Contract has been completed, and acceptance by him under the terms and the conditions thereof is recommended and the entire balance found to be due the Contractor, will be paid to the Contractor by the County foliowing County Commission approval of the final Contract payment. Before issuance of a final certificate, the contractor shall submit evidence satisfactory to the County Public Works Director that all payrolls, material bills, and other, indebtedness connected with the work have been paid. An affidavit must be submitted by the Contractor to the County Public Works Director stating that all indebtedness connected with the worts has been paid. Such affidavit will be signed by a duly authorized officer of the contracting firm, will gear the firm's seal, and will be notarized and attested by two witnesses. A Waiver -of -Lien form signed by a duly authorized Officer of the subcontracting firm, notarized and attested by two witnesses is required from each Subcontractor engaged under the scope of this Contract, and must accompany the request for final payment. The. making and acceptance of the final payment shall constitute a waiver of all claims by the County, other than those arising from unsettled lions, from faulty work appearing after final payment or from requirements of the Specifications and of all claims by the Contractor, except those previously made and still unsettled. Article 6. INDEMNIFICATION. Subject to the monetary limitations in Article 5.3, of the General Conditions, the Contractor, upon his part, agrees to protect, indemnify, save harmless, and insure the County from any liability to any persons for injuries to the person, including loss of life, or damage to property, resulting from the acts or omissions of the Contractor in performing his obligations under this Contract. The parties expressly recognize that the relationship between the County and Contractor is that of owner and independent contractor, and that neither the Contractor nor any of his servants, agents, or employees shall ever be ennsiripre.i to ;e ars ayeni, servant or employee of the County. Article 7. PtrBLIC CONSTRUCTION PAYMENT BOND AND PERFORMANCE BOND:. The Contractor shall furnish the County immediately upon execution of this Contract, a RerEgrmancp Bond in art amount_equal to 125% of the Contract Lsrice and a Pay ent Boadan a vynt equal to 100%, 0%, og the Contract price with good and sufficient sureties, conditioned upon the performance of this Contr�ict AGREEMENT A- C _1 • i D by the Contractor in accordance with the terms and conditions hereof, within the time herein provided and with the additional obligation that such Contractor shall promptly make payments to ail persons supplying him labor, materials and supplies, used directly or indirectly by the said Contractor in the prosecution of the work provided for in this contract. The Contractor shall record the Payment and Performance Bond with the Public Records Section of the Indian River Courthouse located at 2000 161' Avenue, Vero Beach, Florida, 32960. The recorded bonds will be forwarded to the Purchasing Division within a week. The Contractor shall provide two separate bonds, a combined Payment and Performance Bond for 125% of tate contract price is not an acceptable substitute. In lion of the Public Construction Bond, the Contractor may furnish an alternative form of security in the form of cash, money order, certified check, cashier's check, irrevocable letter of credit or a security as listed in Part II of F.S. Chapter 535. Any such alternative form of security shall be for the same purpose, and be for the same amount and subject to the same conditions as those applicable to the bond other- wise required. Performance and Payment Bonds may be waived by the County if the total contract is below $50,000. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first written above, n— rc, ��r , �t ,r— CC,rp-, CXt\�-y ED ( ontractor) Signed and sealed by the Contractor in the presence of: IN[ By: Dated: R. Macht, Chai Attest Attest ,. ffr y X Hartori i rk ' 'd 1ndLaasltiv erCauu[s' ,Ypprotnl UHIr .d,1LrLbtrmdon r, Hudett 1tLrk tilenagratcaGl Pub Be U ork3C'aplal � A,,, Yroj��ls AGREEMENT 40 i • 0 by the Contractor in accordance with the terms and Conditions hereof, within the time herein provided and with the additional obligation that such Contractor shall promptly make payments to all persons supplying him labor, materials and supplies, used directly or indirectly by the said Contractor in the prosecution of the work provided for in this contract. The Contractor shall record the Payment and Performance Bond with the Public Records Section of the Indian River Courthouse located at 2000 16"' Avenue, Vero Beach, Florida, 32960. The recorded bonds will be forwarded to the Purchasing Division within a week. The Contractor shall provide two separate bonds, a combined Payment and Performance Bond for 125% of the contract price is not an acceptable substitute. in lieu of the Public Construction Bond, the Contractor may furnish an alternative fonri of security in the form of cash, money order, certified check, cashier's check, irrevocable letter of credit or a security as listed in Part It of F.S. Chapter 635. Any such alternative form of security shall be for the same purpose, and be for the same amount and subject to the same conditions as those applicable to the bond other- wise required. Performance and Payment Bonds may be waived by the County if the total contract is below $50,000. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first written above. Signed and sealed by the (Contractor) Contractor in the presence of: (Seal) INDIAN RIVER COUNTY By: _ John W. Tippin, Chairman Dated: Attest. Attest Jeffrey K Barton, Cleric (SEAL) ar, R E LmEN,r A - 3 Lj 40 40 0 0 ism; ciu L-L"rvu UUMUS r � y� l r.ItJr{tr`y rn1. �b� Nr�3ryp3 The Ohio Casualty Insurance Company 1"ILTorr, 01,110 CMJ THE RECORDS OfJEFFREY K. BARTON � ' yy Lh RIDE! CHANGING AMOUNT OF BOND CLERK CIRCUIT COURT td] U INDIAN RIMS CO.. FLA (� �f WHEREAS, on or about the -ITA ..... day vf....'� atY_................ .........1V...�4...,, 'f'IiF d13It7 CASUALTY INSURANCE CONIPANY, as surety (hereinafter Called the Surety) issued ih Bond No...._..3-` 95°-459 onbctuJi of.. nmozaBr.. .................. .............,............... ._._..................... ............ ............. _............ in favor of...S ... for cel _...._._ ............. .......... __.....,................. ... ............ ua in The amount of .. _itoo hundred Sixty Three rl'llousand Four HL111dreci and Severn -- ----92/100 ren ................._.._._...._r....._................................... _........ _..... ....... _..... ..._............................ ,...... Dollars; and tv WHEREAS, it is the desire of the Parties to said bund that the amount thettoirl� al hereinafter provided; f'b C NOW, THEREFORE, IT IS IIEKERY STIPULATED ANIS AGREED that, with respect to any loss or losses sustained through nets or omissions ocrri-P.-IrA on and alter the ......IL!- 'day o[..-darluar+__ .....__............. , the amount originally stated In said bond (or the amount to which taid migfnal amount may have been subsequently changed by rider) Is hereby Incrcawd,o_ .lY+uldreti 1t+ettt Nit1e Thousand I%io. Ilundred Fifty Nine --90/140 (F329,25 0 -„R y Dollars; provided, however, (1) that the liability of fixe Surety for any loss sustained through acts or Omissions Occurring lea any period during which the Coverage shall have been in the paras %mount shall he ]!rifted to the atuauot of Coverage In fortz at the time Such acts or omissions Occur; and provided further that the suregate ]lability of the Surety Ior auy end all loxes sustafoed through acts or omissions Occurring during the fife at said bora!, irrespective of the number of change; made In the amtrunt thetoof, shall nut be cumulative as to Petws during which the Coverage was in different amoruds, andsWI not fa any event eased the largest amount of said bond at any One bane; (Z1 it the :trached bond Cnatafas a provision Lilaathe time for dfseovrty of toss altar the rsnc ation of the bend, and if this rider decreases the amauot of Said head, litee ammount by which the coverage is decreased shall be mnSidered as having been cancelled as of the effecon date of such decrease for the purpose of computing the period allowed for the dhmvery of loss. SIGNED, SEALED and DA'Z'ED this ...... -5#?........ day or _I'eb ate!_ ................_......_..... ZIP ✓ 4 1' 1 4 w a rr_ W4M ale.. Ly,.ra” Aa-- 1 .a e%.A ter.! Y M -4 akh jrmrm4 t-Arozozo Dros., Corp. rf$ Arazoza Brothers Car�ozation y C_n TILE OH ASUALTIf CE COMl,1Y r .Gt 111 ......_............. Susan Bohm �- Agrecd to an accc ted CO 1l Ln E cX...................i 40 C-1 CERTIFIEf) Copy OF POWER OF AT`FORNEY ' T1IF 01110 CASI(JAL i^Y INSURANCE COMPANY IAMII; CON, OHIO No 33-319 Know All Men by These Presents: Ill At I IW 01110 CASUALTY INS13RANCF COMPANY, in pursuance of authority gran led by Article Vi, Section 7 of The 0y -Laws of said Company, does hereby uorninate, constitute and appoint: Jeffrey L. Leggett, Jantes F. Murphy, Susan Ilohru, Shelly Moore or Leslle R. Griffin or Sunrise, Florida its line and lawful agent (S) and annnlcy (s) -in -fact, to make, execute, send and deliver For and an its bchaif as surely, and as its act and deed any and n11 BONDS, UNDERTAKINGS. and RLCOCiNIZANCES, ON exceeding in any single Instance SIX MILLION ($6,000,000.00) DOLLARS, excluding, hus%nvci, Any hand(s) or undennking(s) guarantcting the payment ofnntcs And interest thereon And the execution of such bonds or uriderlakings in pursuance of Muse presents, shall be as Wading upon said COmPany, as fully and amply, to all Intents and Purposes, As if they had been duly executed nod acknowledged by (lie rrgularly etccted onicers of the Company at its office in liamilson. Ul1io, in their awn proper persons. The authority granlcd hereunder supersedes any previous Autltority licretofore granted the above named attanlcy(s)-in-fact. In WnNESS WI IFREUF, the undersigned officer of the sold Tfit Ohio Casualty Insurance Company has hereunto subscribed his affI I� Carporalc Seat of the said "fhc 01110 Casualty 1115-itcc Company Hits 30th Clay of Jtlly, 1998, OEA INDIAN nIVER COUNTY TF4ISISTOCERTIFY'THATTHIS ISTRUE AND CORRECT` COPY OF I ORIGINAL ON FILE IN THIS OFPKA. ��•.. J.�TONWRI.�. BY Sans Lnwrcncr, Assistant Sscretary STATE OF 4111], k,rEPLTYC:LI_I COUNTY OF RUTLI R * 2 CRATE On this 30111 day of Jufy, 1998 before [he subscriber, a Notary Public of the State of Ohio, in and for the County of Kotler, duly commissioned and quidi0cd, count Sant Lawrence, Assistant Secretary ofTIIV' CIIIIO CASUALTY INSURANCE COMPANY, to me Personally known to he 111c Individual and officer described in, and who executed Ilse preceding instrument, and he Acknowledged die execution of the some, and being by me duly swam deposeth and salth, that he Is the of[icer Of Isle Company aforesaid and that the seal affixed 10 the PKLMInig insllument Is the Comarate Seal of tow I r 1 ;^- 4u ,u,d aubscnihcd to the said Iristnmicnr" l by the authority And direction of life said Corporation. ,4 SaM COlpornte Seal and his signature IN'I I-ST'IMONY Will—RI—Or, I have hereunto Set my hand and affixed toy Official Seal at the City Or t tamilton, Stalc or011io, the day and year first above written. NA) rf+r� ,uti�rrt^ �a►z�.►la Notary N iblfa ill and for county Of flutter, State oroil lo My CUmn1iSSIOn expires September 25, 2002, Ibis power of attorney is granted under and by authority of Article VI, Section 7 of the Isy-Latus Of the Company, ndopled by Its directors on April 2, 1934, extracts from which read: "rJeCllan 7, AppOlmr11en1 of Attorney-in-Faci, C[C. 7lle e1tAiff Lon Of the board, the president, Any vice-president, the secrelary or any Mistant Secretary $1,811 he luld Is hereby vcslcd with full power and aulhvrity tO aPpeinl attorneys-In•fscl for the purpn5c of signing the name of the ak Company as surety tO, and to execute, nllaelr the corPOrnu seal, acknowledge and dcltver any and nil bonds, recogatxances, slipulalions, ndertings or Other instruments of suretyship and Policies of insurance to be given in Cover ornrry int}ividual, turn. Ctupnralion, lir the ofCclnf rEtur alsu,llyn rknr^.3f r1 S1 aHj tiFlnul€y malate, or any olTicfal board or hoards ofcounly lir %!alr in th.I 1 :u uf,i scuta, or to any Ot1ur pnlfAcal suhdivisinn." 'Illis insdruntenl is signed and scaled by lhestmilc as oult}tor zed by the following Resolution adopted by Ills directors of the Company on May 27, 1970; "lid SOl_Vt;O 01st the signature of any officer Of the ('Orn of lit See rally ate thatitcd by Article VI Secl Ion 7 Of the bylaws to appoint attorneys Ir f'"l, the signature cinry or any Assislant Secretary certifying to Ilse corrcctncss trf any cOPy of a power of nitorney and the seal Of tilt Company may be affixed by facsimile to any power of attorney or copy thereof issued on belm!f of tine C'nmpany. Such signatures and sea} are hereby adopltd by lite Company as Original Signatures and seal, to ht vAlid and binding upon the Company with the saint force and effect As though ninnually Affixed." ff CF1111FICA E I, the undersigned Assistant SccfclAry af'I'he (Alto Casually lnt{vnne-A'ompany, do hereby certify 11101 tilt faregohng Pnwer Of Attorney, Article VI Se by I7ws Of Iht Comparry n,d the Above Resolution ori&tlbhrd s,f bi,etiojy me lute And correct nl Iaton 7 aflhrc and lire In full forst d flees On this data IN WnNFSS W11FREOF, I have hereunto se; my handand rile scat nFlht Csaltiphlly Ibis da ° ar sulr!1rr y of t �2 of tl�tC_ A,b.. ! $ BA� S-4]90.CSG 11MM ` Assistant Secretary ^ � d i •. , C3 40 i i 0 I PFS - I 01/14/99 1f!25 PAX 3052400481 ARA2aZAAROTHERS 10003 INDIAN RIVER COUNTY, FLORIDA WABASSO CAUSEWAY PARI{ 13EAUi7FlCATION PROJECT 1 IN 'THE RECORDS Or COUNTY PROJECT NO. 9623 JEFFREY K. BAR70N 1 CLERK CIRCUIT COUNT INDIAN RIVER CCI„ FLA. PEREORMANCE RON � KNOW ALL MEN BY THESE PRESENTS: CID That we Arazoza Brothers Corporation as Principal, and Ohio Casualty insurance Corlp ny as Surety, are held and firmly bound unto the Couniy of Indian River in the stem ofnlo Hundred SitityiThryS}}r��r�d rQur I �dt �d 9�! o�lars --an -aeon ($ 263, 407.94 amounting to 125% Of the total bid prig, for the payment of said sum we bind ourselves, our heirs, executors, administrators and assigns, joirilly and severally, for the faithful Performance of a certain written contract, ruled the oto– , 19`lentered into between the Principal and the County of Indian River, Florida, fo6 wabasso causeway Park Reuatification Project IRC: #9034 - ' A copy of said Contract is incorporated herein by reference and is made a part hereof as == if fully copied herein. NOW, THERRZEFORE, THL CONDITIONS OF THiS OBLIGATION ARE SUCH, that if the Principal shall in all respects comply With the terms and conditions of said Contract and his C)4 obligations thereunder, including all of the Contract Documents (that include the Advertisement d for or Bids, Instructions to Bidders, Proposal, Bid Bond, Contract, Performance Bond, Specifications, Addenda and Drawings), therein referred to and made a part thereof, and such alterations as may be made in said Drawings and Specifications as therein provided for, and shall l�# indemnify and save harmless the County of Indian River against and from all expenses, damages, ingury or conduct, want of care of skill, negligence or default, including patent Infringement on the part of said Principal, his agents or employees, in the execution or performance of said Contract, including errors in the Drawings furnished by said Principall, and further, if the Principal shcil promptly make payments to all who supply him, with labor andlor materials, used directly or indirectly ` by the Principal in the prosecution of the work provided for in said Contract, then this C_ obiig,�,-tion shall be null and void; otherwise, the Principal and Surety, jointly and severally, agree to the pay County of Indian Rarer any diffsranre between the sum that the County of Indian River may be obliged to pay for the completion of said work, by Contract or otherwise, and any d"pG wf? !he' ui iuiru, w. %oi,3i yui:riiiai, which the County OT Indian River may recur as a result of the failure of the said Principal to properly execute all of the provisions of said co contract. =u AND, the said Principal and Surety hereby further bind themselves, their successors, [.r1 executors, administraturs and assigns, jointly and severally, that they will amply and fully protect the County of Indian River against, and will pay any and all amounts, damages, costs and -0 judgments which may be racovered against or which the Owner may be called upon to pay to any _- NF1 t7 I PFS - I Cl 40 E7� i U1/14/88 12;25 VAX 3052466481 ARANZA-BROTHERS I]004 parson or corporation by reason of any damage arising from the performance of the said work, repair or maintenance thereof, or the manner of doing the same, or his agents or his servants, or the infringements of any patent rights by reason of the use of any material furnished or work none, as aforesaid or otherwise. AND, the said Surety, for vafue received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications and drawings accompanying the same, shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the leans of the Contract or to the work or to the Specifications and Drawings. AND, the said Principal and Surety jointly and severally covenant and agree that this fond will remain in full force and effect for a period of one year commencing an the date of Substantial Completion as eviablished on the Certificate of Substantial Completion as issued by the County Indian River, of )AHEl IA[V�NDIVI'Dt1AL Signed, sealed and delivered in the presence of: .� Witness Signature of fndivi'dual Address Printed N --.—,,e of Individual� Witness Address yVHFN THEIBINCIPAL I LF PROPRIETORIiHIP oR Q EF3R'fZ5 UdV��R_8 TRALIf NAME: Signed, sealed and delivered in the presence of'. Witness .�� Name of Firm Address Signature of Individual C:) ��— Witness G° Address �+�++e►+A�a+f iiRW �wtrws'r+yrwawrmbev.w6� �wwT�»w��+u�AynYaeArnva van Un P13 r - 4W 0 CER_ I FIQUE,8$ M CORPORATE E!3lN9jP_8L I,- 1 CJf LLQr , certify that I am the Secretary of the corporation named as Principal In the within bond; that 1'c - -i G}c C t _,who signed the said bond on behalf of the Principal was then v�� : c J� of said corporation: that i know his signature, and his signature thereto is genuine; and that said y§Ond was duly signed, sealed and attested for and on behalf of Said Corporation by authority of -its poveminar bna�E 1 f �57euf3tary IQ OF. EXErd-UTED BY QQMQMI R TY: Attest; - Ohio Casualty 1nstlrancc Company Secretary Corporate Surety 136 Forth Third Street, Flon, Ohio Business Address P& - 3 c:a c -n _r - v c -s d Lrl ry 01114/0a U:23 Fi!A 3052400401 ARAZUZA—BROTHERS 10003 WH -EN -THE PRINCIPAL IS A !6 N R�JP: Signed. sealed and delivered in the presence of - Witness Name of Partnership SY: WEAL) Address Partner partner Printed Name of Witness Address P Attest; OLU 01)e� j Secretary V[V ArazQza 13LQ t rc Qoj=ration , of Q 8trvn BY (Affix Corporate 24i) Printed Name Official Title CER_ I FIQUE,8$ M CORPORATE E!3lN9jP_8L I,- 1 CJf LLQr , certify that I am the Secretary of the corporation named as Principal In the within bond; that 1'c - -i G}c C t _,who signed the said bond on behalf of the Principal was then v�� : c J� of said corporation: that i know his signature, and his signature thereto is genuine; and that said y§Ond was duly signed, sealed and attested for and on behalf of Said Corporation by authority of -its poveminar bna�E 1 f �57euf3tary IQ OF. EXErd-UTED BY QQMQMI R TY: Attest; - Ohio Casualty 1nstlrancc Company Secretary Corporate Surety 136 Forth Third Street, Flon, Ohio Business Address P& - 3 c:a c -n _r - v c -s d Lrl ry 4M 40 ti VL/t4r{iy IY: gS rAA 4V*z40U40X ANALVLA-J3KLVFHhH* to0013 BY:-'rl'7 {Affix Corporate Sea[) Susan Bohm Attorney -in -Fact Anpher-Floss Insurance Consultants Mame of Local Agency 5391 Nob hill Iloacl Suairise F'1 33351 Business address 954-748-4000 Telephone STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified and acting, personaily appeared to me well known, who being by me first duly sworn upon oath, says that he is the attorney-in-fact for the Ohio Casualty insurance Company and that he has been authorized by Ohio Casualty znsur mce Company to axecute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to be jNkulbn h8th day of Januar 1999 c, State of Florida My Commission EXpires' 45MW.140TARY SEAL -roY Py r L. HDA L MORE a° 7n 0 co ea ++ Huuaen caxooeee JAN. 2.2002 Y OF tp � Mtt Wdo tXhftts ca 4rl Ln W P13 - 4 r i CERTIFIER COPY OF POWER OF ATTORNEY TIME OHIO CASUALTY INSURANCE COMPANY HAMILTON, {THIO No 33-319 Know All Man by These Presents: That THE 41110 CASUALTY INSURANCE COMPANY, in pursuance of authority granted by Article Vl, Section 7 of the By -Laws of said Company, docs hereby nominate, constitute and appoint: Jeffrey L. Leggett, James F. Murphy, Susan Bohm, Shelly Moore or Leslie R. Griffin or Sunrise, Florida its true and lawful agent (s) and attorney (s) -in -fact, to make, execute, seal and deliver for and on its behalf as surely, and as its act and decd any and nil BONDS, UNDERTAKINGS, Fund RECOGNIZANCES, not exceeding in any single instance SIX MILLION ($6,000,004,00) DOLLARS, excluding, however, any bond(s) or undcaakiog(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shalt he as binding upon said Company, as fully and amply, in all intents and purposes, as ifthey had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton. Ohio, in their own proper persons. 'rite authority granted hereunder supersedes any previous authority heretofore granted the above named anomcy(s)-in-facl. In WITNESS WI II REOF, the undersigned officer ortbe said TheObia Casually Insurance Company has hereulito subscribed itis name and affixed the Corporate Seal of the saidThe Ohio Casualty Insurance Company this 30th day or July, 1998. OCA Sam Lawrence, Assistant Secretary STATE OF O11I0. COUNTY OF BUTLER On this 30th day of July, 199$ before the subscriber, a Notary Public of the State of Ohio, to and for [Ile County or Buller, duly commissioned and qualified, came Sam Lawrence, Assistant Sccrctary of'r]lE 01110 CASUALTY INSURANCE COMPANY, to toe personally knoNNn to he the individual and officer described in, and who executed the preceding instrunicnl, and lie acknowledged the execution of the same, and being by me duty swam dcposeth and saith, that he is Ute officer orthe Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal ofsaid Company, and the said Corporate Seal Find his signature as ntfieer were dnly nflrx:d and subscribed to the saiil inslrunicin by enc due! ;:ty and direction of the said Corpor"Ilun. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of I lamilfon, State of Ohlo, the day and year first above w'riben. bt.�",r �r Notary Public in and for County of Buller, State of Bile My Commission expires September 25, 2002. This power of attorney is granted under and by authority of Article Vl, Section 7 of (lie rly-Laws of the Company, adopfcd by its directors on April 2, 1954, extracts from which read: "ARTICLE VT" "Section T Appointment of Attorney -in -Fact, etc, The chnimian of the board, the president, any vice-president, the secretary or any assistant secretary, shall be and is hcrchy vested with full power and authority to appoint anomuys-in-fact for the purpose of signing (lie name of [Ile Company as surety to, and to execute, attach the corporate seal, aokuowledge and deliver any and all bonds, rccogntxartces, stipulations, undcrlakings OF other instruments or suretyship and C1 policies of insurance to be eiven in favor of anv individual. firm. cnrnnrartnu or Me nfficial rrpn s •..Furfur thrr of or n) any cea.^.r, or state, C. r,;,y rf :al tint,., c; =13 boards of county or stale, or Ute United Slates of America, or to any other political subdivision." This instrument is signed and sealed by facsimile as aulhorired by the following Resolution adopted by the directors of the Company on May 27, 1970: fV "RESOLVED that [lie signature of any Officer of the Company authodicd by Article VI Section 7 of the by-laws to appoint anomcys in fact, the signature C j of the Secretary OF any Assistant Secretary certifying to the correctness or any copy of a power of altomey and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of lit•; Company. Such signatures and seal are hereby adopted by the Company as original sign aluresand "O seal, to he valid and binding upon the Company with the same force and effect as though manually affixed." CERTIFICATE I, the undersigned Assistant Secretary of1he Ohio Casualty Insurance Company, do hereby cerlify that the foregoing power f attorney, Article VI Section 7 of the by-laws of the Company and the above Resolulion of Its hoard of Dlrcetors are true and correct ies d are in full f ee and ICect on this dale, IN WITNESS WlILRF1 OF,1 have hereunto set my hand and the seal ofthe Company this day a � { ru A.Dy , it Q n rrer,r, ! SEAL, ,� �GY�%ISwwVi� Assislant Secretary 40 40 i A INDIAN RIVER COUNTY, FLORIDA WABASSO CAUSEWAY PARK BEAUTIFICATION PROJECT COUNTY PROJECT NO, 9623 KNOW ALL MEN BY THESE PRESENTS: That we as Principal, and as Surety, are held and firmly bound unto the County of Indian River in the sum of _ Dollars ($ ) amounting to 125% of the total bid price, for the payment of said sum we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, for the faithful performance of a certain written contract, dated the of , 19_, entered into between the Principal and the County of Indian River, Florida, for: A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW, i HEREFURE, THE CONDITIONS OF THIS OBLIGATION ARE. SUCH, that if the Principal shall in all respects comply with the terms and conditions of said Contract and his obligations thereunder, including all of the Contract Documents (that include the Advertisement for or Bids, Instructions to Bidders, Proposal, Bid Bond, Contract, Performance Band, Specifications, Addenda and Drawings), therein referred to and made a part thereof, and such alterations as may be made in said Drawings and Specifications as therein provided for, and shall indemnify and save harmless the County of Indian River against and from all expenses, damages, injury or conduct, want of care of skill, negligence or default, including patent infringement on the part of said Principal, his agents or employees, in the execution or performance of said Contract, including errors in the Drawings furnished by said Principal, and further, if the Principal shall promptly make payments to all who supply him, with labor and/or materials, used directly or indirectly by the Principal in the prosecution of the work provided for in said Contract, then this obligation shall be null and void; otherwise, the Principal and Surety, jointly and severally, agree to pay the County of Indian River any difference between the sum that the County of Indian River may be obliged to pay tar the completion of said work, by Contract or otherwise, and any damages, whether direct, indirect, or consequential, which the County of Indian river may incur as a result of the failure of the said Principal to properly execute all of the provisions of said Contract. AND, the said Principal and Surety hereby further bind themselves, their successors, executors, administrators and assigns, jointly and severally, that they will amply and fully protect the County of Indian River against, and will pay any and all amounts, damages, costz and judgments which may be recovered against or which the Owner may be called upon to pay to any f • person or corporation by reason of any damage arising from the performance of the said work, repair or maintenance thereof, or the manner of doing the same, or his agents or his servants, or the infringements of any patent rights by reason of the use of any material furnished or work done, as aforesaid or otherwise. AND, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terns of the Contract or to the work to be performed thereunder or the Specifications and Drawings accompanying the same, shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications and Drawings. AND, the said Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a oerind of one year commencing on the date of Substantial Completion as established on the Certificate of Substantial Completion as issued by the County of Indian River. WHEN TH PRRINCIPAL, lS AN INl]WIML: Signed, sealed and delivered in the presence of: Witness Signature of Individual Address Printed Name of Individual Witness Address WREN THE PRINCIPAL !S A Q F P QPRIET¢RSHIP 4R_OP-ERA_TES ONDE A� D- NAM Signed, sealed and delivered in the presence of: Witness Name of F=irm Address _ Signature of Individual Witness Address Pavrnent Bond 4D a WEEN Iff PRI—NCIRAL-15 A wARTNER5E : Signed, sealed and delivered in the presence of: Witness Address Witness Name of Partnership BY: (5EALI- Partner Address ETH 1 1 L3� IS A CORP R I(]N: Attest:. Secretary Printed Name of Partner Name of Corporation BY (Affix Corporate Sealy Printed Name Official Title FICATE 615 TO QQREQEA--TE PRINCIPAL, I, certify that I am the Secretary of the corporation named as Principal in the within bond; that _ who signed the said bond on behalf of the Principal was then of said corporation. that I know his signature, and his signature thereto is genuine; and that said Bond was duly signed, sealed and attested for and on behalf of Said corporation by authority of its governing body. �A Secretary M -B -F-' XECUTML sY CORPORATE SURET�' Attest: Secretary - Corporate Surety Business Address Payment Bnnd . 0 0 BY: (Affix Corporate Sea[) Attorney -In -Fact Name of Local Agency Business Address Telephone STATE OF FLORIDA COUNTY OF INDIAN RIV#_R Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly sworn upon oath, says that Ile is the attorney-in-fact for the and that he has been authorized by � to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to be for me this day of , 19—. My Commission Expires: Notan,f Pl-Vic, Slate of Rarida _. Pavment Bond • CA C] a ul11419U .IU 25. FAX 3052400481 ARAZOZA31i4THERS V107 INDIAN RIVER cyaE1NTY WABASSO CAUSEWAY PARK BEAUTIFICATiON PROJECT COUNTY PROJECT NO. 9623 Ppb N--T-MNQ KNOW ALL MEN BY THESE PRESENTS: That we_ Arazoza Brothers Corporation as Principal, and Ohio Casualty Insurance Company as Surety, are held and fffrp� hoHnd iUn thed : aunt - of Indian River in the sum eaf Twn un r63 sixty three T iousan ur un aa� eve --92/100 E.3ollars ($ 253,407.9j'•$rmounting to 100% of the total bid price, for the payment of said sum we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, for the faithful Performance of a certain written contract, dated the „� day, 1 e-1, entered into between the Principal and the County of Indian River, Florida,fer; taabasso Causeway park Beautification Project IRC #9034 A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW, THEREFORE, THE CONDITIONS OF THIS 013LIC-ATION ARE SUCH, that, if the Principal shall promptly make payments to all claimants, as herein below defined, then this obligation shall be void, otherwise, this Bond shall remain in full force and effect. subject to thA fnllnwln ; towns and = n� ror sss. A. A claimant is defined as any person applying tate Principal with labor, material and supplies, used directly or indirectly by the said Principal or any subcontractor in the prosecution of the work provided for in said Contract, and is further defined in Section 713.01 of the Florida Statutes. ® B. The provisions of Section 255.05 Florida Statute shall apply. The above named Principal and Surety hereby Jointly and severally agree with the County Indian River of that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after performance of the labor or after complete delivery of materials and supplies by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to final judgement for such sums or sums as may be justly due claimant, and have execution thereon. The County shall not be liable for the payment of any costs or expenses of any such suit, No suit or action shall be commenced hereunder by any claimant_ v 1. Unless claimant, other than one having a direct contract with the Principal, shall within forty-five (45) days after beginning to furnish labor, rV materials or supplies for the prosecution of the work, furnish the Principal and Surety with a notice that he intens;, to Cil look to this bond for protection." 2- Unless rlarmant, or other than one having a direct contract with the Principal, shall within '® ninety (90) days after such claimant's performance of the labor or complete delivery of P - materials and supplies, deliver to the Principal and Surety written notice of the perfarmanQe of Such la'b7[ or delivery of such material and supplies and the nonpayment Ul Cil therefore. Payment sand 4M d S I I va,—V� -A. 1.) rots AnAL.VLA_prSV Y nwia WJuue3 3. After the expiration of one (1) year from the performance of the labor or completion of delivery of the materials and supplies, it being understood, however, that if any limitation embodied in this Bond is prohibited by any law controlling the construction hereof such limitations shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. 4. Other than in a state court of competent jurisdiction in and for Indian River County, Florida, or in the United States District Cowl for the Southern District of Florida, and not elsewhere. The Principal and the Surety jointly and severally, shall repay the County of Indian River any sura which it May compelled to {ray because of any limn for labor or materials furnished for any work included in or provided by said Contract. The Surety, for value received, hereby stipulates and agrees that no charge, extension of time, alteration of or addition to the terms of the Contract or to the work to be performed thereunder or to the Specifications applicable thereto shall in any way affect its obligations on this RoW, and the Surety hereby waives notice of any such change, extension of time, alterations of or addition to the terms of the Contract, or to the wont or to the Specifications. The Surety represents and wan -ants to the County of Indian River that they have a Best's Key Rating Guide, General Policyholder's rating of "'AN' and Financial Size Category of Class "XI" The said Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Substantial Completion as established on the Certificate of Substantial Completion as issued by the County of Indian River. IN WITNESS WHEREOF, the above boundeAparties executed this instrums, �t is jell Several Seals, this L8-tVUy of January , 19_. A.Q., the name and corporate seal each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. WHEN 1HE PRINCIPAL IS AfJ iNJ2IY . Signed, sealed and delivered in the presence of - i +ilii r �s Address Witness - -- Address Signature of individual - Printed Name of Individual Payment Bond 1113 - 17 213 Signed, sealed and delivered in the presence of: Witness Witness Address tVame of Partnership Y: �U Partner Printed Mama of Partner Signed, sealed and delivered in the presence of. Name of partnership BY: fit -j Partner Printed Name o71 --Partner address ,/�At l t��T�ikest.! AjII.w"' Arazoza Brothers Corporation Secretary BY C oration {Affix 'orpor eat) Printed Name 4fficiai Title TEt I CORP of the car©nratinn name o �_.ns, :_ ., _ • certify that i am the Sacrpt.,v "' "", nary+., 0 the wunin cons; that d r who signed the said band an b half of the Principal was then �`'•>of said corporation; that t know his signature, and his signature thereto is genuine; and that said Pond was duty signed, sealed and attested for and on behalf of said corporation by authority Of its governing body. ff L Secretary 40 0 i O U"J%l *U ia.s.a rnn 4V4&*VV401 ncuf4vs.nlarw►nrnb Lei VIU �F !0:ru ©Y eryZ! —Ohio CasualtyInsurance Company .orpora Gur�ev 136 North Third Met, Hamilton, Ohio Iness ra uc Susan orpora a ea -AUQhgX--Ross Insurance Consultants ame o oca 5391 Note Hill Read gWTLise, F1 33351 us'in ess rens STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me. a Notary Public, duly commissioned. qualified and acting, personally appeared, Susan Bohm to me well known, who being by me first duly sworn upon oath. says that he Is the attorney-in-fact for theOhio Casualty Ins. Coand that he has been whorized by to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and Swam to before me th' Jan+.nary 1g 99 Not€ry bI C, �dayof t of Florida My Commission Ecpires: Payment Bond PR - 4 r.r fV' {.J1 C3 C11 CA pt, OFMiAL NOTARY Ste. tAifty LYNN A L moonrz C 1 �{?}� 0 GQUIM7E ON NUMBER t1} Co -100060 C4AfPtti31ON EXPIRES OF f'L JAN. ?.&002---A Payment Bond PR - 4 r.r fV' {.J1 C3 C11 CA 4 40 CERTIFIED COPY OF POWER OF ATTORNEY THE 01110 CASUALTY INSURANCE COMPANY HAMILTON, OHIO No 33-319 Know All Men by These Presents: That TUE OHIO CASUALTY INSURANCE COMPANY, in pursuance of authority granted by Article VI, Section 7 of Ilse By -Laws of said Company, does hereby nominate, conslilute and appoint: Jeffrey L, Leggett, James F. Murphy, Susan Bohm, Shelly [Moore or Leslie R. Griffin of Sunrise, Florida its true and lawful agent (s) and attorney (s) -in -fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCGS, not exceeding in any single instance SIX MILLION (S6.i-171r_,000.00) DOLLARS, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bands or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as If they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Ifamilion, oitio, in their own proper persons. The authority granted hereunder supersedes any previous authority llerciofore granted the above named atlorney(s)-in-fact. In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casually Insurance Company has hereunto subscribed his ranee and affixed the Corporale Seal of die said Tbc Ohio Casualty Insurance Company this 30th clay of July, 1998. x11S.UJp!?� �SEALIe Sant Lawrence, Assistant Secretary STATE OF 01110, COUNTY OF BUTLER On [Itis 34(11 day afJuly, 11198 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butier, duly commissioned and qualified, came Sam Lawrence, Asshiamt Secretary of TUE 0II10 CASUALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed [lie preceding instrument, and lie acknowledged the execution of the same, and being by me duly swum cicposeth and sailh, that he is the officer of the Company aforesaid, and that the seal affixed to the prtre,ling infllrument is the Corpotalc Seal of said Company, and die said Corparaie Seal and his sigaatumc as officer were duly affixed and subscribed to the said instrument by the authority and direction offhc said Corporation. IN TESTIMONY W1113REOF, I have hereunto set my hand and affixed my Official Seal at the City of liamilton, State of Ohlo, the day and year first above written. Notary Pohlic in and for County of Buticr, State or Ohio My Commission expires September 23, 2002, This power of attorney is granted under and by authority of Article VI, Srction 7 of the By -Laws of the Company, adopted by its directors on April 2, 1954, extracts from which read: "AR'I IICLE V1", "Section 7. Appointment of Attorney -fn -Fact, clo. The chairman of the board, the president, any vice-president, the secretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint altomeys-i n -fact for lite purpose of signing the name of the Company as surety to, mid sa execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of surciyship and Policies Of inSnranee to be given in favor of any individual, lion, corporation, or the official representative thereof or to any county orstnte, or any oficia) board or boards of county or state, or the Uniicd States of America, or to any other political subdivision." ri iris insuumcnn is signed and scaled by facsimile as authorized by the fallowing Resolution adopted by the directors of lite Company on May 27, 1970: r `� "RESOLVED that the signalure of any officer of the Company authorized by Article VI Section 7 of the by -latus to appoint attorneys it, fact, the signature Ln ofthe Secretary or any Assistant Secretary cerlifying to the correctness of any copy of a power of attorney and (lie seal of 11! Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatores and seal are lierehy adopted by the Company as original signatures and seal, lobe valid and binding upon the Company with the same force and effect as though manually auixed." C ERTIFI CATE ,1 1, the undersigned Assisli mt Secretary of The Ohio Casually Insurance Company, do hereby certify that (lie foregoing Po wrj aitomey, Article VI Section 7 of the Ln by of the Company and the above Resolution of its Board of Uhecmrs are Imc and concct co 'es are int Full fo• an ect an this dale. TN WITNESS W 13fiIZEOI°, I have hereunto set my hand and the seal of llie Company this r, � day a/�.� ? _c "(,,G A.U„(.11 D."-L 54300-C'SG (I2/96) Assistant Secretary INDIAN RIVER COUNTY WABASSO CAUSEWAY PARI( BEAUTIFICATION PROJECT COUNTY PROJECT NO. 9623 - KNOW ALL MEN BY THESE PRESENTS: That of Indian River in the sum of as Principal, and as Surety, are held and firmly bound unto the County ($ ) amounting to 100% of 'the 'total bid price, for the payment of said sum we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, for the faithful performance of a certain written contract, dated the day of 19—, entered into between the Principal and the County of Indian River, Florida, for; _ A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall promptly make payments to all claimants, as herein below defined, then this obligation shall be void; otherwise, this Bond shall remain in full force and effect, subject to the fnilowing terms and conditions. A. A claimant is defined as any person applying the Principal with labor, material and supplies, used directly or indirectly by the said Principal or any subcontractor in the prosecution of the work provided for in said Contract, and is further defined in Section 713.01 of the Florida S iaiuies. B. The provisions of Section 255.105 Florida Statute shall apply. The above named Principal and Surety hereby jointly and severally agree with the County of Indian River that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after performance of the labor or after complete delivery of materials and supplies by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to final judgement for such sums or sums as may be justly due claimant, and have execution thereon. The County shall not be liable for the payment of any costs or expenses of any such suit. No suit of action shall 'we commenced YI I IC7nced f 4er eur Eder by elf ly uwlrrldr li. 1. Unless claimant, other than one having a direct contract with the Principal, shall within forty-five (45) days after beginning to furnish labor, materials or supplies for the prosecution of the work, furnish the Principal and Surety with a notice that he intends to look to this bond for protection. 2. Unless claimant, or other than one having a direct contract with the Principal, shall within ninety (90) days after such claimant's performance of the labor or complete delivery of materials and supplies, deliver to the Principal and Surety written notice of the performance of such labor or delivery of such material and supplies and the nonpayment therefore. Pa-ment Hand 4b i C 3. After the expiration of one (t) year from the performance of the labor or completion of delivery of the materials and supplies; it being understood, however, that if any limitation embodied in this Bond is prohibited by any law controlling the construction hereof such limitations shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. 4. Other than in a state court of competent jurisdiction in and for Indian River County, Florida, or in the United States District Court for the Southern District of Florida, and not elsewhere. The Principal and the Surety jointly and severally, shall repay the County of Indian River any sum which it may be compelled to pay because of any lien for labor or materials furnished for any work included in or providcd by said Contract. The Surety, for value received, hereby stipulates and agrees that no charge, extension of time, alteration of or addition to the terms of the Contract or to the worn to be performed thereunder or to the Specifications applicable thereto shall in any way affect its obligations on this Bond, and the Surety hereby waives notice of any such change, extension of time, alterations of or addition to the terms of the Contract, or to the work or to the Specifications. The Surety represents and warrants to the County of Indian Diver that they have a Best's Key Rating Guide, General 'Policyholder's rating of "A" and Financial Size Category of Class "XI". The said Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Substantial Cuinpiuiiurr as esiabiished on the Certificate of 5ubstantiat Completion as issued by the County of Indian River. IN WITNESS WHEREOF, the above bounded parties executed this instrument under their Several Seals, this day of 19 A.U.. the narnp and rnrnnratP coal aarh corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. WHEN. THE PRINQIPAL IS AN INDLAQUAL: Signed, sealed and delivered in the prPsence of: VVltngcc Address Witness Address v1y..0 iuee v, ,e ,U1V1Ui.lQI Printed Name of Individual P a amen * Br nd C-1 0 0 WHEN THE PRINCIPAL IS A $OLE PROPRIETORSHIP OR OPERATES IJNOER A IRAN NAME Signed, sealed and delivered in the presence of: Witness Name of Partnership BY: [SEAL] Address Partner Witness Printed !Name of Partner Address i####1M *fMrvR####-heFNhM# h#vF##A-MiinF#aY*Airi'!'+1NYtM##**`Md^IkiY'MlhhKtirl,! WH EN THE PRINCIPAL IS A PARTNER$HIE: Signed, sealed and delivered in the presence of.- f:Witness Witness Name of Partnership BY: [SEAL) Address Partner Witness Printed Name of Partner Address WHEN THE -PRINCIPAL 15 A CORPORATION: Attest: Secretary Mame of Corporation BY {Affix Corporate Sea[) Printed Name Official Title QERIIFICATE AS TD t;QRPC7RATE PRIN_C_IPAL I, certify that I am the Secretary Of thiv COM130i-ati0ii OaMe4i ab P'IIIIL;I'PUB Irl 1"HU WILFM) L]LJFIU, illcll , wno signed the said bond on behalf of the Principal was then of said corporation, that I know his signature, and his signature thereto is genuine; uild that said Bond was duly signed, sealed and attested for and on behalf of said corporation by authority of its governing body, Secretary Payment. Bond 40 CI 0 C TO BE EXECUTED BY QORPQRATE F . eue- ary Corporate Surety usiness 70dress HFA STATE OF FLORIDA COUNTY OF INDIAN RIVER tiAmx uorporace zjeai) Titorney-In-Fact ame of localAgency Business Tadress Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared, to me well known, who being by me first duly sworn upon oath, says that he is the attorney-in-fact for the and that he has been authorized by to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and Swom to before me this day of My Commission Expires: Notary Public, State of Florida 19 i,.+ment Bond do 4D 1-2S-1 999 -1 ,A IF -H FROM ROSS IN Sl.A2lAhl[.'F: 0- FL 749 1493 Fa_ 2 AMD. CERTIFICATE OF LIABILITY INSURANC 'sRhal12 �ol(Ma s PROW" M CF, TIFIGATE l3 issur.0 AAA ARII T i'n0N Roca 3TLaursnea of Florida, 3nc ONLY AND CONFERS No RIGHTS UPON THE CERTIPICAM d/b/a Anphar-Rose Insuranue IIOLOEFt. TH16 CfrMitiCATE QOF..R IFIOT Al41END, IOMEND OR 5901 Nob Hill Road ALTFR THE C13VMiRA[DIi AFF0R0E0 M3Y THE i>nOLIC6E9 offLOW. Wurueiee WL 33351 _ COMPANWZ ATFORVING COVERAGE Jnae• 8. l3usp 1+ CMIRANY A RelSenae "OiaTty .�.Y AFD COMPANY R zTrilMgeiiwld 1GTa�loyrAra iTTa. Ga. Aswzosa Brothers Corporation h4cl Brothers Corpomtion epwAwr G Lloyds of London .Aqua,^Wn, Tna. T- P.O.Nos $24$90 C0MPRIFY Princeton VL 99092 O COVERAGE6 ;IB'.'3¢ TT3 Cw 1"R:1.3T TIM POLOGTLC TC TVVT(U5Hinfa :.:,N:9 rhDCrsti r17n 111t T'fi LI:Y t•s'R�iT INMOATEU. NOT1WTIetTANONNi ANY REQUIREMEM I. 1EAY OR Pu)wOMON Ort ANY CONTRACT OR FYOirK IT[ CUM@NT rA711 FW WT YO W(lit' H Tl tf ClRTIrIOATE 1rAY BE Whirl) OR MAY FFATAIN, TtIE IIe9uNA11U6 A T0rt0V9 or/ TI III P0l1CITR DK%C9"0 HVMI14 RI f UTULCItO ALL, THE IERM% 1.009LUiearl4 ANO OONCOJt: tW1}491{roi-Wi4:, LIUM 11HOWIt MAY I IAV C O[f')1 VWMkICEO IST VPJ* CLNMS. _ 00 TTPt [a/INLVAANf.'8 f`[V,fCT NWf RFR LTH PNV' MPMfrnVP P0I.If1Y1F11PIRAn<m LWITO OATCjMMMIXYyj VAYE(MIAMN Yt aE:LarAL T,wfr.ITY -•---------- -- - �. aw•'rreRAs. ►.nalwzEanrT1 02,0t)0,000 A 3C V0UMM=IkLQUfU�CAL'�WWWTY SH1633159 06/15/99 06/15/99 rnDOVl:1T1.COMMI?AIItl tZ 000 000 gA1M/MAOE 170 Cccuw TlRt0NA6 F AlIY KKMY 01,000,000, r �pq "cmvo I. -t 11,000,000 Mll DAMA04 Pw17 nw"101 4100 000- _ wrw w fM "pm wns $6,000 AVToraofpeatLuwuTY couz enZPIQLTLITUT 41,000,000 h. 'W ANY AM SL116S31S9 06/15/813 Ofi/Ib/93 __ ALL CWren AVTCM,r Ir41VAr =fa 111M PAXDAUTM 1 I�f++iNoldTnl} d X 1f10®AUTDA- iS M(TMiy97KaT AtJtIC� DN1aPYdaTT TYYi[lM f GARMIM flASUW "TO ONLY -WA 090011INT 4 DTTIT.IT TIUVl AUTO W&Yr AITY.AITTO +rncxlADauaNr s _ AeiolnaAn s 21tCKsiuArtTT�TY NAwrDccVTtl:sllca $3,000,000 A64fTC9ATF s3 000 090 71 - W14rrrWIroNM $iC.3008x00 0611519E 06/15/99 S 0"n1tl1 TFWIUNWA+LA Fo T TTaITN7M 004WEMtAT" Atm PPL FACK ACcsnv 1T t100,000 MIIP4+0N' m U49"TTY R 7wA� ImL 83017205 04/01/98 0&/01/99 ft-OWAMi•PaUC LWT !SL10 000 eL dura[ • eA 1MPLOYEe 6.100_ 000 CmIOTa3 Ates v Ilxc L C sq"Pueent Floater 4®A03337130 06/15/98 06/19/99 ALL RISK G Froperty oczon r W Cf-SRATWwAAMOA41TRU4 ppSs��Kis[i 1.31 .y TJ4iT7=J 6: If MaT7Tlei' , dA uFt ij�DSL C:G nty' P°lor-$da to addad as ]LtlT�.'r 1'1�I'4L]GIItC7 Q81 1r11^ tL1®A¢lfys. �lF��pna1. 1'Y167j'10 L"�]I 9� .LPTliI Wet � PCOAX.Sms ar ting out 0 thAr Brat ons to v�7e i 04 tsraot." . 016971FICATC rIALG1:11 ••�l.-_..�- CANCaLLATION YHIDIAHR amemn AWY or THC AWVI! proommiz rouoa3 otl ONte@LLEO MUFC7'AU TN! EAPMAT X M 04191}TEKWCW. THA 9111"0 GAMY VW -IL GN0111AYOK TO MAIL indlen River county Ai---0AV%WFUTTV%I NOTICE TOme tfVIW1C.An 1%7"V1 r %WGT*'t.W 1NIFT,, Attn: From Roynwn Furnhoolnq Monwgrr WIT MAILWn6 TO MAR MU GI hurl[* MI%ALL Wrmr No 0EN0AT" 014 LM14e:FTv l®d0 25th Stxcet 4f ANY aaND IRpM TMaoMPANY.rTa IuE MtTAT'AIAi. Vero Ekba0h WL 37960 AifT11[>IIFIJ17IaP11*.4OrTAT1YE .jamen >T'. inueptey ACOFVD I" J146y � � ICOKPORATM01i IM {: ► �"' y frr `11011111ISSUE DAIS SIAWOOn" I V + r THIS CtAtWICATE IS ISSUED ASA TAA"Er4 Op OW01A 1A71OH ONLY AND CONFER! IFO HUMS UPON THE CEn7IFICATCHOLDCFI. TMS CERTMICAIE MRS HOT AMCHO, E-1r.TEND QR ALTER ITIS COYll7A6E AFFOPCDED AY THE POLICTAS •ALOW. V COMPANIES AFFORDING COVERAGE COtAPAHY A , .. LETTF•n COIAPA3FY LEn En IT COMPAFIY LETrER �+ CCIFAPAHY Q I.EnEn , Cl7NPArfY LCTIZn _ _. _�d[AXIAiMl lS!_1LL8.JlI�fl�[ i!Y'�wIHRL THIS rS TO CEAY" THAT POLIC1E2 OFIHlUnAHOE I tATeo OELOYi HAVE p[EH 19 SUED TO TFIE ItFSVnEp NAMEO AOOYE FOR THE POLICY pERkDd IIIQICATED, NOY'VAY nI T AHOINO ANY Fla"inLMEHT° TERN OR CONDITION OF AHY COFIT RACT OR OTHER OOCUTAENT 1MTti rl"PECT TO WHICH THI■ CEFI tIFKATE MAT A.E Ili LIED QA MAY PRATAIH, THA YNSUMNCA AFTORDE.O BY TH; pOUCIE■ DlACHIDEO II[F1EIN n S gj CT TO ALL TNA TlnMr7, E)CCLUACtW . TION! OF SUCH PotnlEA, ANA CONAT T'I'P! OF rHSUFLAFFCE POLICY NUMOCn FU1Lr IIII w all M'+.WIr MLY ItrwIK" LIABILITY LIMITC IN THCUSANVS OTJFErLkI, L1A.AILFTT MR. rm%%Uyrn �SLIrB CY7rkPxMrr3fiY[ IONe - WORT j x TftIVLES+9riINT10rr5 +. PLA1nY $ S r�v'L L11,Si [IA},y10 "OR{11TY x PiCI%FCISTpAILETCD U ErtArKlfirS OAMAOt $ 5 F -- CREfA+GiUµ, " ta4rErpnFrr l A+7RUTrxu eoua rrDIS1 r 000 S1, 000 X bFUO r FOIN MAtY DAM),&( X rErmim HIl1RY PEI)SOf 11t N"Y 50 AUTOL7-ILA LFA.D..TY . A- . y r lFr4T x Au IMTQD AMCO [SAN', plS; 1 FC Au v"fLD IVRDSIt A lI1SYI {$1. $wry cTT1V ITST 1F FW1� % � j� i F X rAss. �t,,r 11fTCrT y�y k}T4tSF WRPT rlAArzxTefs S fn t n X "Offlmg xnms— rr+a*EnFv }.�A CNVGF LMDA3TT' l]A1A44{ 1 uc:aa LFADILrrT car+c ++[D +5 0 0 LA1ftXu A Hlr•.[ 0"A 0M WaftEIIA lom al [ 1`0 - C41AlIw[D „TTDAK7Jkf' COLPEN"JAITDIF I ArFQ STAxurpnY, [. - AIAPLQY LAI, ifiA.AILITT ' aid t nn D01hLA }t� r{. { L�+i _ 540 ALL RISK 7EGGr1IPTK1It pF OPEWIIIC)IFSILfJChrIpHSNCfiICICSISPECtAt EMS BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, D ADDI IONAL I&THE FLORIDA IS ADDED AS AGAINST CLAIMS FOR DAMAGES :11 TO PERSON, PROPERTY OR PR' OPERATIONS TO COMPLETE THIS CONTRACT 5 A11r RIFVER u"` Fz'.— COUNTY'.. Atte FRh BOYNiG"!, pU 'F�1,CA I'�[i i`1I1ti fL Ci�Fi. S.IfCVLO AleY OF Tltr- AUOVE QElcnT..ip POLICIES DF. CAY'.C:FLLTO REpr �� i rlrArl�'j r.+ATr YII�nEDF, rllr 1ssUINQ cnwrAHY r 1}'f 1040 25th at. Yrl H FRAIL _ .i i f:nr� wrnlrl EH 140FIC: TO TILE CEnI1rICAtE IEQL CVt HFfi �Y � Y LIFT.corAJl tFrIE}0V-ArL,MI11401 V£RO BEACH, FL 32960 WEf:I IALL W PFY,F IIQ D CL IIYA 1-1-1 OV►L Apra VF AIrY ISrIII'< UPUII rI1F, CpYlPA7PT, :r4 Annus tin T1EPIkLISEH'TRPI'FE7. t� ttu?+canlirunkPaE cnrArnrC — FINAL PAYMENT CONTRACTOR STATE OF FLORIDA COUNTY OF Personally before me the undersigned officer, authorized by the laws of said state to administer oaths, comes , who on oath says: That he is the Contractor with whom Indian River County, Florida, a political subdivision of said state, did on the _day of , 19_, enter into a contract for the performance of certain work, more particularly described as follows: WABASSO CAUSEWAY DARK BEAUTIFICATION PROJECT County Project No. 9623 Affiant further says that said construction has been completed and the contract therefore fully performed and final payment is now due and that all liens contracting directly with or directly employed by such contractor have been paid in full EXCEPT: Name Description Amount who have not been paid and who are due the amount set forth. WITNESS: (Corporate Seal) By: Subscribed and sworn to before me this Attest: Notary Public State of Florida at Large My Commission expires: (Contractor) Day of —, 19— (Notar 19— (Notary seal) Name of Notary typed or printed I herewith acknowiedge receipt of Final Payment on above and do hereby certify that I have no claims against the owner of said property. Contractor F'INAI. ,PAYMENT id INDIAN RIVER COUNTY, FLORIDA APPLICATION FOR PAYMENT NO. PROJECT NO: N23 ACCOUNT NO.315-210-572-Q60 09 PROJECT: WABAS$A CAlJSEWM PARKBEAUTIFIf ATION EBOJECT — CONTRACTOR NAME/ADDRESS: APPLICATION DATE:_ FOR PERIOD ENDING STATEMENT OF WORK Original Contract Price $ Materials Stored $ Net Change Orders $ (Attach detailed schedule and paid Invo[m) Current Contract Price $ Total WordlMaterials to Date Work to Date: Less 10% Retainage $ Under Original contract $ Sub Total $ Under Change Order $ Less Prior Payments $ Percent of Work Completed to Date BALANCE DUE THIS PAYMENT S ors The unrfp_.migned CONTRACTOR hereby ccrtifies that all items and amounts on the face of this application for payment are correct, that all work has been performed and/or materials supplied in full accordance with the terms and conditions of the contract.. rhe undersigned CONTRACTOR hereby swears under penalty of perjury that (1) all previous progress payments received from the OWNER on account of work performed under the contract referred to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with work covered by prior Applications for Payment under said contract, being Applications for Payment numbered 1 through inclusive: and (2) all materials and equipment incorporated in said project or otherwise listed in or covered by this Application for Payment are free and clear of all liens„ claims, security interests and encumbrances. Dated , 10— tcontraetcr) BY: (Namelritle) r..nl INTV lilw IIJI;OAKI PRIMM STATE OF FLORIDA Before me this day of , 19_, personally appeared known to me, who being duly sworn, deposes and says that (s)he is the of the CONTRACTOR above mentions; that (s)he executed the above Application for Payment and statement on behalf of said CONTRACTOR; and that all of the statemenxs contained herein are true, correct and complete. Notary Public My Commission Expires a;,r...*r'ri"T I ,. F . SHOP DRAWING/CATALOG CUT SUBMITTAL PflOJECTTIILEN Walmsso-Qpgsewav Parkatio oiect PR0-J_EQT NO: 9023 ITEM DESCRIPTION: SPEC. SECTION NO.: PRIME CONTRACTOR: SUB -CONTRACTOR: SUPPLIER: MANUFACTURER'S CATALOG NO __.. ORAININU NO this,if al 'c a s bbl� Itign f o cgntaict specifications, submiit i shall include inform atlQn required by the Gengml Condiliqu§. 6_ggh §gfficien pagesis torm tq fully I e e e e lhe-Gemral. Condiflons, (RESERVE THE SPACE BELOW FOR SHOP DRAWING REVIEW STAMPS) ATTACH THIS MAGE TO EACH COPY OF THE SHOT' DRAWINGS OR CATALOG CUTS :flhlL? DP WING- I'm [40 1. 40 f TABLE OF CONTENTS OF GENERAL CONDITIONS Article Niffab-4m Rft ?Age DEFINITIONS ...... ................................. GC -1 2 - PRELIMINARY MATTERS . ... .......... ..................... GC - 4 3 - CONTRACT DOCUMENTS. . ............. ............ I ........... — I GC - 5 4 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS .... GC -7 5 - BONDS AND INSURANCE ........... ................... ........ GC - 9 6 - CONTRACTOR'S RESPONSIBILITIES ............. ............. GC -11 7 - OTHER WORK ...................... .............................. GC -20 8 - OWNER'S RESPONSIBILITIES ........................................ GC -21 9 - ENGINEER'S STATUS DURING CONSTRUCTION ........ ................ GC -21 I I v I F -IF %JINK tAfh/7 t/ ................. GO -24 11 - CHANGE OF CONTRACT PRICE ........ ................... ... — GC -25 12 - CHANGE OF CONTRACT TIME ......... .... 1. . ....... ...... I ... GC -28 13 - WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ....... ........... GC -29 14 - PAYMENTS TO CONTRACTOR AND COMPLETION ... ............ .... . GC -32 15 - SUSPENSION OF WORK AND TERMINATION ........................... GC -37 16 - ARBITRATION .... ...... ............... ................ — GC -38 17 - MISCELLANEOUS ................................................. GC -39 +W f a 0 GENERAL CONDITIONS ARIICLEDEFINITIQNS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and Plural thereof: Addenda - Written or graphic instructions issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents. Agreement- The written agreement between OWNER and CONTRACTOR covering the: Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment - The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. Approved Equal - A substitute product equal to or better than the brand name product as specified and permitted to be used in this Project only when approved by the ENGINEER.. Bidder - Any person, firm, or corporation submitting a Bid Proposal for the Project. Change Order- A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. Contract - The agreement executed by the OWNER and Bidder given the Award for the Project, including all Contract Documents. Contract Documents - Advertisement for Bids, Instructions to Bidders, Bid Bond, Bid Proposal, Statement on Public Entity Crimes, Sworn Statement under the Florida Trench Safety Act, Information Required of Bidders, Agreement, Certificate of Insurance, Payment Bond, Performance Bond, General Conditions, Supplementary Conditions, Technical Specifications, Drawings, Appendix, Geotechnical Report, Florida Department of Transportation (FDOT) Standard Specification for Road and Bridge Construction(1996), FOOT Roadway and Traffic Design Standards(latest edition) American Water Works Association Standards, American National Standards Institute, American Society for Testing and Materials Standards and American Association of State Highway and Transportation Officials, Standard Building Code (1994), together with nit Aridends and Change Orders. is -sued with re—spec-t thereto Contract Price - The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9 it the case of Unit Price Work.) Contract Time - The number of days (computed as provided in paragraphs 17.2 and 17.3) or the date stated in the Agreement for the completion of the Work. Contractor - The person, firm or corporation with whom OWNER has entered into the Agreement. Detective - An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not GENERAL CONDITIONS s ab r a meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER'S recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). Drawings - The drawings which show the character and scope of the Mork to be performed and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Effective Date of the Agreement - The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. ENGINEER - Public Works Director (or his designee) Department of Public Works Indian River County, Florida 1840 250' Street Vero Beach, FI. 32960 Field Order - A written order issued by ENGINEER which orders minor changes in the work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract. Time, General Requirements - Sections of Division 1 of the Specifications. Laws and Regulations, Laws or Regulations - Laws, rules, regulations, ordinances, codes and/or orders. Notice of Award - The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OI NNER will siyri and delive;i tiiti Agfea[irent. Notice to Proceed - A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. Owner- Indian River County, Florida 1840 256' Street Vero Beach, FL. 32960 Partial I lfili7nfinn - Pinn nn Pi nnrfinn of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. Project- The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. Resident Project Representative - The authorized representative of ENGINEER who is assigned to the site or any part thereof. Shop Drawing - All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all GENERAL CONDITIONS LT 40 • 0 illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications - Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor - An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. Substantial Completion - The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER'S definitive certificate of Substantial Completion, it is :sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. Supplementary Conditions - The part of the Contract Documents which amends or supplements these General Conditions. Supplier- A manufacturer, fabricator, supplier, distributor, materialman or vendor. Underground Facilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which hsvR hpen installed underground to furnish any of the following services or materials; electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. Urrir r,riie Work - Work, to bs Void for of �� the basis of unit prices. Work - The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents. Work Directive Change - A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.3 or to emergencies under paravraph 6.27. A Work Directive Change may not change the Contract Price -or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in paragraph 14.2. Written Amendmeni - A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non -engineering or nontechnical rather than strictly Work-related aspects of the Contract Documents. GENERAL CONDITIONS 40 CA 0 11 ARTIC4E 2 - PREMMINARY MATTE Delivery of Bonds: 2.1 When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2 OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cncf of reproduction. Commencement of Contract Time; Notice to Proceed; 2.3 The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time after the effective date of the Agreement. In no event will the Contract Time commence to run later than the seventy-fifth (75) day after the day of Bid ripening. Starting the Project: 2.4 CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run, but no Work shall be done at the site prior to the date on which the Confrar_.t Time commences to run. Before Starting Construction: 2.5 Before undertaking each r art of the Work, CONTRAr';TnR shaft r:arr.,fillly study and compare the CONTRACT Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error or discrepancy In the Contract Documents, unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. 2.6 Within ten (10) days after the Effective Date of the Agreement (unless otherwise specified in tho Gonoral Requirements), CONTRACTOR s;hail submit to ENGINEER for review.- 2.6.1 eview:2.6.1 an estimated progress schedule indicating the starting and completion dates of the various stages of the Work, 2.5.2 a preliminary schedule of Shop Drawing submissions; and 2.6.3 a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead a.• and profit applicable to each itern of Work which will be confirmed in writing by CONTRACTOR at the time of submission. rA rFrrr'RAr, ccwDrmrnNs 4D CI 2.7 Ten (10) days prior to any work commencing with a copy to ENGINEER, certificates (and OWNER) which CONTRACTOR is required to Section 5. Preconstruction Conference: CONTRACTOR shall deliver to OWNER, other evidence of insurance requested by purchase and maintain in accordance with 2.8 Within twenty (20) days after the Effective Date of the Agreement, but before CONTRACTOR starts the Work at the site, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to discuss the schedules referred to in paragraph 2.6, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. Finalizing Schedules: 2.9 At least ten (10) days before submission of the first Application for Payment a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to finalize the schedules submitted in accordance with paragraph 2.6. The finalized progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance will neither impose on ENGINEER responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions will be acceptable to ENGINEER as providing a workable arrangement for processing the submissions. The finalized schedule of values will be acceptable tc ENGINEER as to form and substance. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent: 3.1 The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR conceming the Work. The Contract Documents are complementary, what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3,2 It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well -know technical or trade meaning are used to " _ ' � IodK ll. a 4 ds sh-ail be intarnrmtdari in srrordance with UC,7l:lIl3CY VVl11i•, 111G1ti39iala vl dyiJifJlll�lll, �ri.:ti'.I� rri+ru.ra '•1•••�-••+ that meaning. Reference to standard specifications, inanuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implications, shall mean the latest standard specification, manual, code or Laws or Reoulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assigt r to ENGINEER, or any of ENGINEER'S consultants, agents or employees, any duty or GENERAL CONDITIONS 4M C7 0 authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3 If, during the performance of the Work, CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, CONTRACTOR shall so report to ENGINEER in writing at once and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from ENGINEER; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have know thereof.. Amending and Supplementing Contract Documents: 3.4 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.4.1 a formal Written Amendment, 3.4.2 a Change Order (pursuant to paragraph 10A), or 3.4.3 a Work Directive Change (pursuant to paragraph 10. 1). As in-licaied in para9caphs 11.2 and 12.1, Corliraut'Price and Contract Time may only be changed by a Change carder or a Written Amendment. 3.5 In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.5.1 a Field Order (pursuant to paragraph 9.5), 3.5.2 ENGINEER's review of a shop drawing or sample (pursuant to paragraphs 6.32 and 6.33), or 3.5.3 ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse of Documents: .3.6 INe'i w CONTRAIr 1 lJr'[ i IUI cli ly r�7lJlJL.�11 tirClULVI Vj QUIJplivr Vu vu icr }+vi aWl i +` v� yu�"'�""uiiVi 1 performing or furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER; and they shall not reuse any of them on extensions of the Project ul any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. 4.� GENERAL CONDITIONs C-1 • e ARTICLE 4 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.1 OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -cif -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR believes that any delay in OWNER's furnishing these lands, right-of-way or easements entitles CONTRACTOR to an extension of the Contract Time, CONTRAC rOR may make a claim therefor as provided in article 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equilornel1t. Physical Conditions/Available Reports: 4.2 Exploration and Reports; Reference is made in the Supplementary Conditions for identification of those reports of exploration and tests of subsurface conditions at the site that have been utilized by ENGINEER in preparation of the Contract Documents. Such reports are not guaranteed as to accuracy or completeness and are not part of the Contract Documents. 4.3 Unforeseen Conditions: CONTRACTOR shall promptly notify OWNER and ENGINEER in writing of any subsurface or latent physical conditions at the site or in an existing structure differing materially from those indicated or referred to in the Contract Documents. 'G141G)iNEVc, will promptly tly review those conditions and advise OWNER fZ owriflng if f.:c th;r investigation or tests are necessary. Promptly thereafter, OWNER shall obtain the necessary additional investigations and tests and furnish copies to ENGINEER and CONTRACTOR. If ENGINEER finds that the results of such investigations or tests indicate that iheiu SIC subs,u!lace ui ; ate l Physical conditions which differ materially from those intended in the Contract Documents, and which Could not reasonably have been anticipated by CONTRACTOR, a Change Order shall be issued incorporating the necessary revisions. Physical Conditions - Underground Facilities: 4.4 Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site are based on information and data furnished to OWNER or ENGINEER by the owners of such Underground f=acilities or by others. Unless it is otherwise expressly provided in the innlrrnnn Ary C:nnrlitinnq- 4.4.1 OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.4.2 CONTRACTOR shall have full responsibility for reviewing and checking all such information and data, for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the owners of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6.25 and repairing any damage thereto resulting from the Work, the cost of all of which wilt be considered as having been included in the Contract 'Price. GENEPAL CONDPTTONS i i d Utilities: 4.5 The ward facility as used in this subsection titled "Utilities" includes any pipe conveying gases or liquids and appurtenances attached thereto; cables, conduits, wires, ducks and appurtenances; poles and appurtenances; any of which may be buried below grade or installed at or above grade level. A facility excludes irrigation pipes, service connections and traffic signal wiring. A service connection is a pipe (excluding irrigation pipes), cable, wire, duct or conduit that is intended to connect a facility with a user. The word Utility as used in this subsection titled "Utilities" refers to the entity having legal ownership of the facility, service connection, irrigation pipe, or traffic signal wiring. 4.6 The ENGINEER has endeavored to determine the existence of underground facilities at the site of the work from the records of the utilities with known facilities in the vicinity Of the war's;. The position of theso facilitios as. derived from such records are shown on the pians. Service connections, irrigation pipes, and traffic signal wiring may not be shown on the plans. The CONTRACTOR shall make his own investigations, including exploratory excavations and contact with Utilities, to determine the exact locations and type of existing facilities, service connections, irrigation pipes, and traffic signal wiring prior to commencing work in the area and shall be responsible for any damage thereto. 4.7 With regard to paragraph 6.25, damage, injury, or loss resulting in whole or in part from the CONTRACTOR's failure to locate and preserve a facility, service connection, irrigation pipe, or traffic signal wiring shall under no circumstances be deemed attributable to the fault of the Drawings or Specifications or to the acts or omissions of the OWNER or ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable. 4.6 With respect to underground facilities, no claim for a change in the contract price may be allowed unless the CONTRACTOR discovers an underground facility which is not indicated or referred to in the Contract Documents or which is in a position differing materially and significantly from that indicated or referred to in the Contract Documents. If such dim^�ove", is made, the CONTRACTOR shall ,promptly notify in writing the OWNER, ENGINEER and the Utility. The OWNER may make changes in the alignment and grade of the work in accordance with the section titled "Changes in the Work". 4.9 At no additional cost to the OWNER, the CONTRACTOR shall replace, remove, relocate, protect, or temporarily maintain a facility which is not in a position differing materially and significantly from that indicated or referred to in the Contract Documents. At no additional cost to the OWNER, the CONTRACTOR shall adjust the top elevation of all valve boxes and manholes to match the finish grade or pavement surface and shall replace, remove, relocate, protect, or temporarily maintain all service connections, irrigation pipes, and traffic signal wiring. The work on the facility, service connection, irrigation pipe or traffic signal wiring shall be done in a manner satisfactory to the Utility, it being understood that the Utility has the option of doing such work with his own forces, or permuting the work to be done by the CONTRACTOR. Reference Paints: 4.14 OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER'sjudgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established '- reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference GENERAL CONDITIONS 40 A point is Bost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocaticn of such reference: points by professionally qualified personnel. GLIE 5 - 80—N 7 NIJ INrR NQEE 5.1 Within ten (10) days of receipt of the Contract Documents for execution, the successful bidder shall furnish a Performance Bond in an amount equal to 125% of the contract price and a Payment Bond in an amount equal to 100% of the contract price for the faithful performance and payment of all CONTRACTOR'S obligations under the Contract Documents The CONTRACTOR shall provide two separate bonds, a combined Payment and Performance Bond for 125% of the contract price is not an acceptable substitute. CONTRACTOR shall furnish the bonds on the forms provided in these Contract Documents in accordance with Article 5. -'he CONTRACTOR is required at all times to have valid Performance and Payment Bonds in force covering the work being performed. A failure to have such bonds in force at any time shall constitute a default on the part of the CONTRACTOR. If the surety writing the Performance and Payment Honda becomes disqualified, then this shall automatically constitute a failure on the part of the CONTRACTOR to meet the above requirements. All bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570(amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. 5.2 If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet time requirements of paragraph 5.1, CONTRACTOR shall within five (5) days thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. In lieu of the Performance and Payment Bonds, the CONTRACTOR may furnish an alternative form of security in the form of cash, money order, certified check, cashier's check, irrevocable letter of credit or a security as listed in Part II of F,S. Chapter 625. Any such alternative form of security shall be for the same purposes, and be for the same amount and subject to the same conditions as those applicable to the bond otherwise required. The determination of the value of an alternative form of security shall ba made by the OWNER. Such bonds shall continue in effect for one (1) year after completion and acceptance of the work. CONTRACTOR's Liability Insurance: 5.3 Insurance - General: CONTRACTOR shall not commence work under this contract until he has obtained all insurance required under this Section and such insurance has been approved by the OWNER, nor shall time CONTRACTOR allow any Subcontractor to commence work on his subcontract until all sinmilar insurance � :gUired of the Subcontractor has been so obtained and approved. All such insurance shall remain in affect until final payment and at all time thereafter when CONTRACTOR may be correcting, removing or replacing defective 'Work in accordance with paragraph 13A 2. GENERAL CONDITIONS 40 C� a 5.3.1 Insurance Requirements: 5,3,1,1 Workers Compensation. To meet statutory limits in compliance with the Worker's Compensation Law of Florida. This policy must include Employer Liability with a limit $100,000 for each accident, $500,000 disease (policy limit) and $1{10,000 disease (each employee). Such policy shall include a waiver of subrogation as against OWNER and ENGINEER on account of injury sustained by an employee(s) of the CONTRACTOR, 5.3.1.2 Commercial General Liability'. Coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: Premises/Operations • Products/Completed Operations b Contractual Liability Independent Contractors 5.3.1,3 Lousiness Auto Liability: Coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: Owner Autos ■ Hired Autos • Non -Owned Autos 5.3.1.4 CONTRACTOR's Property Insurance: CONTRACTOR shall purchase and maintain property insurance upon the Work at {he site to the full insurable value thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by law). This insurance shall include the interests of OWNER, CONTRACTOR and Subcontractors in the Work, shall insure against the perils of fire, lightning and extended coverage, shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such other perils as may be provided in the Supplementary Conditions, and shall include damages, losses and expenses arising out of our resulting from any insured loss or incurred in the repair or replacement of any insured property (including fees and charges of engineers, architects, attorneys and other professionals). If not covered under the "all risk" insurance or otherwise provided in the Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Applicationfor Payment The policies of insiiranra ramiurarl to ha nkr��i4o`IVl � Zvi Payment. �r, r.. `... ,....-. ti_... - - purchased and maintained by CONTRACTOR in accordance with this paragraph shall contain a ,provision that the coverage afforded will not be canceled, materially changed or reduced until at least thirty (30) days' prior written notice has been given to OWNER.. 5.3.1.5. CONTRACTOR's "All Risk" Insurance: CONTRACTOR shall secure Builders' Risk "All Risk" insurance at his expense and provide properly completed and executed "Certificates of Insurance and insurance Endorsement" forms in the exact format and working presented in these Contract Documents before starting work. LA GENERAL CONDMONS 40 do • 0 5.3.2 Special Requirements: 5.3.2.1 Upon submittal of the executed contract by the Contractor, certificates of insurance and endorsement forms in the exact wording and format as presented in these Contract Documents will be provided to the OWNER's Risk Manager for review and approval. The certificates shall provide for the following: 5.3.2.1.1. "Board of County Commissioners, Indian River County Florida" will be named as "Additional Insured" on both the General Liability, Auto Liability and Builder's Risk "A'll Risk" Insurance. 5.3.2.1.2, The OWNER will be given thirty {30) days notice prior to cancellation or modification of any stipulated insurance. Such notification will be in writing by registered mail, return receipt requested and addressed to the OWNER's Risk Manager. 5.3.2.2. An appropriate "Indemnification" clause shall be made a provision of the contract (see paragraph 6.36 and 6.37 of the General Conditions). 5.3.2.3. It is the responsibility of the CONTRACTOR to insure that all subcontractors comply with all insurance requirements. 5.3.2.4. It should be remembered that these are minimum requirements which are subject to modification in response to high hazard operation. 5.3.2.5. Insureds must be authorized to do business and have an agent for service of process in Fiorida and have an "A" policyholvei s rating and financial rating of a least Class XI in accordance with the most current Best's Rating. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1 CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to nnr#nrm thw Wnrk in ar.mrdanan with thy, Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or selection of specific means, methods, techniques, sequences of procedures of construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2 CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER anu ENGINEER except under extraordinary circumstances. The superintendent will be GENERAL CONDITIONS 40 E13 11 0 CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3 CONTRACTOR shall provide competent, suitable qualified personnel to survey and lay out the Work and perform construction as required by the Contract 'Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicted in the Contract Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWN ER's written consent given after prior written notice to ENGINEER. 6,4 Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all material, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel power, light, heat, telephone, wager sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.8 All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. if required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All material and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to ENGINEER, or any of ENGINEER's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.1.6_ Adjusting Progress Scneduie: 6.6 CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) adjustments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress then if effect and additionally will comply with any provisions of the General Requirements applicable thereto. Substitutes or "Or -Equal" Items: 8.7.1. Whenever materials or equipment are specified or described in the Contract Documents . by using the name of a proprietary item or the name of a particular supplier, the naming of fhn. itp.m i -q irlter ded to egtab!i zh fhA hine fi mr.tinn ane# ni ialifv rune iirc+ri and fn aefoWiSh a basis for bidding. Unless the name is followed by words indicating that no substitution is permitted, substitute materials or equipment may be reviewed by Engineer li sufficient information is supplied by CONTRACTOR to allow Engineer to evaluate the proposed substitution. The use of materials or equipment other than those named shall be considered a substitution, which will be considered only after a contract for the Mork is awarded. 6.7.2. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall snake written application to Engineer for review thereof, certifying that the proposed substitute will perform the functions and achieve the results called for GENERAL CONDTT'TONS C3 i 0 by the Contract Documents, be similar and of equal substance to that specified and be suited to the same use as that specified. The application will state that the evaluation and review of the proposed substitute will not prejudice CONTRACTOR'S achievement of Substantial Completion on time, whether or not review of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemizer) estimate of all costs that will result directly or indirectly from use of such substitute, including costs of redesign and claims of other contractors affected by the resulting change„ all of which shall be considered by Engineer in evaluating the proposed .ubstitutc. 8.7.3. The procedure for review by Engineer will include the following: a. Bequests for review of substitute items of material and equipment will not be accepted by Engineer from anyone other than CONTRACTOR. b. Upon receipt of an application for review of a substitution, Engineer will determine whether the review will be more extensive than a normal shop drawing review for the specified item. c. If the substitution will not require a more extensive: review, Engineer will proceed with the review without additional cost to CONTRACTOR. d. If the substitution requires a more extensive review, Engineer will proceed with the review only after CONTRACTOR has agreed to reimburse OWNER for the review cost. e. Engineer may require CONTRACTOR to furnish at CONTRACTOR'S expense additional data about the proposed substitute. 6.7.4, if a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute ineaiis, method, seijuurl�c, tee hniqu6 or pruuedui u ui Gon$i:ru6ion acceptabie to Engineer, if CONTRACTOR submits sufficient information to allow Engineer to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by Engineer will be similar to that provided in paragraph GA as applied by Engineer (and as may be supplemented in the General Requirements). 6,7.6. Engineer will be allowed a reasonable time within which to evaluate each proposed substitution. Engineer will be the sole judge of acceptability and shall have the right to deny use of any proposad substitution. The CONTRACTOR shall not order, install or utilize any substitution without either an executed Change Order or Engineer's notation on the reviewed shop drawing. OWNER may require CONTRACTOR to ftjrni zh at CONTRACTOR'S expense a special manufacturer's performance guarantee(s) or other surety with respect to any substitute and an indemnification by the CON (:ACTOR. Engineer will record time required by Engineer and. Engineer's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not a proposed substitute is used, CONTRACTOR shall reimburse OWNER for the charges of Engineer and Engineer's consultants for evaluating each proposed substitute. 6.7.6. Substitute materials or equipment may be proposed for acceptance in accordance with these paragraphs (F=.1 through F.6). in the event that substitute materials or equipment GFNFRAL CONDITIotiS i 40 • d are used and are less costly than the originally specified material or equipment, than the net difference in cost shall benefit the OWNER and CONTRACTOR in equal proportions. This cost difference shall not be reduced by any failure of the CONTRACTOR to base his bid on the named materials or equipment. Concerning Subcontractor, Suppliers and Others: 6.8 CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER or ENGINEER as indicated in paragraph 6.10), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. &9 The apparent low Bidder, and any other Kidder so requested by the OWNER, shall submit, within seven (7) days after the day of the Bid opening, a list of all Subcontractors and other persons and organizations, including those who are to furnish the principal items of material and equipment, with a value in excess of $5,000.00. The list shall include the name and address of the Subcontractor, person or organization and a description of the services, materials or equipment to be supplied. 6.10 OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto within ten (10) days of receipt of the list) of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute; the Contract Price will be adjusted by the difference in the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER or any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.11 CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Gut-contractars, Suppliers and other persons and organizations for perming or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6.12 The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineatina the Work to be oerformed by any snar_. fir_. trade. 6.13 All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. CONTRACTOR. shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued pursuant to paragraphs 5.3. GENERAL CONDITIONS k-, I` I-> • 11 Patent Fees and Royalties: 6.14 CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and holt! harmless OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorney's fees and court and arbitration costs) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connections with any alleged infringement of such rights. !Permits: 6.15 Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses, CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or if there are no Bids on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for conner,.tions to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. Laws and Regulations:. F,1e CONTRACTOR shell r.hio all nntiCes and rornpiuwith all i,awe and Rprpdations annlirlhla to furnishing and performance of the Work. Except where oiherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.17 If CONTRACTOR observes that the specifications or Drawings are at variance with any Laws or Regulations, CONTRACTOR shall give 'ENGINEER prompt written notice thereof, and any necessary changes will be authorized by one of the methods indicted in paragraph 3.4. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such Laws or Regulations, and without such notice to ENGINEER, CONTRACTOR shall bear all costs arising therefrom-, however, it shall not be CONT RAC: T OR's primary responsibility to make certain that the Specifications and Drawings are in accordance with such Laws anti Regulations. Taxes: 6.18 CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the laws and Regulations of the place of the Project which are applicable during the performance of the Work. Use of Prernises: 6.19 CONTRACTOR shall confine construction equipment, the storage of materials and GENERAL CONDITIONS r47 1 r 40 equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. The CONTRACTOR shall take all precautions to minimize inconvenience to residents Living adjacent to the construction site by maintaining access to driveways and providing noise control devices for dewatering equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against OWNER or ENGINEER by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall to the fullest extent permitted by Laws and Regulations indemnify and hold OWNER and ENGINEER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. 6.20 During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original condition all property not designed for alteratinn by the Contract Documents. 6.21 CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 6.22 CONTRACTOR shall maintain in a safe place at the site one (1) record copy of all Drawings, Specifications, Addenda, Written Amendments, reviewed Shop Drawings, Change Orders, Work Directive Changes, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all reviewed samples and counterpart of all reviewed Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, samples and Shop Drawings will be delivered to ENGINEER for OWNER. Upon delivery of such documents + J incE�r p,, _^ c�riucn ...rtificatun, :yi"d and ucte t;��l`r'D, ►w,c rir"NrRitu1. �iv u, that all documents accurately and completely reflect all deviations from or changes in the original Contract Documents made during construction of the project. 6.23 These requirements also supplement those of Article 14, Record documents shall be up- to-date and available for review by the resident project representative prior to each application for progress payment. Payment will not be made for construction of items not shown on the record documents. 6.24 Not less than two percent (2%) of the contract price shall be retained until correct record � drawings, specifications, addenda, modifications and shop drawings are delivered to and reviewed by the ENGINEER. GENERAL CONDITIONS Safety and Protection: 6.25 CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to. 6.25.1 all employees on the Work and other persons and organizations who may be affected thereby; 6.25.1 all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.25.3 other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.25.2 or 6.25,3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, and Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them mviv he linhNa. shall he rPmertied by rONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or ner,linnnr of rf""rik'-F7AOR) C0NTFV\CT0R'z duti-o, and r2Sp.^.�'+W�11�t�.^." Fwr tlx:: We fety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.26 CONTRACTOR shall designate a responsible representative at the site whose duty shall be the prevention of accidents, This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to OWNER. Emergencies: 6.27 In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from ENGINEER or OWNER, is obligated to act to prevent threatened damage. injury or loss CONTRACTOR shalt give ENGINEER prompt written notice that any significant changes in the Mork or variations from the Contract Documents have been caused thereby. if ENGINEER determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Directive Change or Change Order will be issued io document the consequences of the changes or variations. Stoop Drawings and Samples: 6.28 After checking and verifying all field measurements and after complying with applicable CE:NFRAT, CONDITIONS AD O w 0 procedures specified in the General Requirements, CONTRACTOR shall submit to ENGINEER for review in accordance with the accepted schedule of Shop Drawing submissions (see paragraph 2.9), or for other appropriate action if so indicated in the Supplementary Conditions, five (5) copies (unless otherwise specified in the Generai Requirements) of all Shop Drawings, which will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable ENGINEER to review the information as required. 6.29 CONTRACTOR shall also submit to ENGINEER for review with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples will have been chocked by and accompanied by a specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the submission and will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the Use for which intended. 6.30 Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.31 At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and in addition, shall cause a specific notation to be made on each Shop Drawing submitted to ENGINEER for review of each such variation. 6.32 ENGINEER will review with reasonable promptness Shop drawings and samples, but ENGINEER's review will t,e only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, methods, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review of a separate item as such will not indicate review of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review. CONTRACTOR shall direct specific attentinn in wrifing to revisions other than the corrar_.iiong Called for by FNrINFFP nn previous submittals. 6.33 ENGINEER's review of Shop Drawings or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements ref the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.31 and ENGINEER has given written review each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample review; nor will any review by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or from responsibility for having complied with the provisions of paragraph 6.30. �- GENERAL CONDITIONS Ate 40 11 0 6,34 Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to ENGINEER's review of the pertinent submission will be the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.35 CONTRACTOR shall carry on the Worts and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as CONTRACTOR and OWNER may otherwise agree in writing. Indemnification: 6.36 The CONTRACTOR shall hold harmless, indemnify and defend the OWNER, the OWNER's Representative, the ENGINEER, and their consultants, and each of their officers, employees and agents harmless from all costs, losses, expenses, damages, attorneys' fees, and other costs, including all costs of defense, which any of them may incur with respect to the failure, neglect, or refusal of CONTRACTOR to faithfully perforin the work and all of the CONTRACTOR's obligations under the contract. Such costs, expenses, and damages shall include all cost incurred by the OWNER, the OWNER's Representative, the ENGINEER, and their consultants to defend against any claims, stop notices, or lawsuits based thereon in which any of them is made a party. 6.38 In any and all claims against OWNER or ENGINEER or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or any one for whose acts an;, of thein may be Iiabie, the indemnification obligation under paragraphs 6.36 and 6.37 shall riot be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under worker's or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.39 The obligations of CONTRACTOR under paragraphs 6.36 and 6.37 shall not extend to the liability of ENGINEER, ENGINEER's consultants, agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications. Interpretation of Contract Documents: 6.401 It is the duty of the CONTRACTOR to notify the ENGINEER, in writing, in the event of any doubt cr question as to the true meaning of any provision in the Contract ,D.ocur cnty Thu ENGi IFUMI's dccisio.n fhbrnnn ClInil hcx final. Annnfnfoel dimensions on drawings shall govern and work not dimensioned shall be as clarified by the ENGINEER. Work not particularly shown or specified shall be the same as similar parts that are shown or specified. Materials of wor'T described in words which have a well-known technical or trade meaning shall be deemed to refer to such recognized standard. 6.40.2 The CONTRACTOR shall verify all dimensions, quantities, Locations, materials and details shown on the Plans, Supplementary Drawings, schedules or other data received from the Architect or Engineer, and shall notify him of all errors, amiss o—s, conflicts and discrepancies found therein. Failure to discover or correct errors, conflicts or discrepancies shall not relive the CONTRACTOR of full responsibility for unsatisfactory work, faulty construction, or improper operation resulting GENERAL CONDITIONS 40 40 0 therefrom nor from rectifying such condition at his own expense. He will not be allowed to take advantage of any error or omissions, as full instructions will be furnished by the Architect or Engineer, should any error or omissions be discovered. All schedules are given for the convenience of the Engineer and CONTRACTOR and are not guaranteed to be complete. CLE -7 - OTHER _tN E Related Work at Site: 7.1 OWNER may perform other work related to the Project at the site by OWNER's awn forces, have other work performed by utility owners or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work; and, if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or required additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a clairn therefor as provided in Articles 11 and 12. 7.2 CONTRACTOR shall afford each utility owner and other contractor who is a party to such a direct contract (or OWNER,. if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for tiie introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together property and integrate with such other work. CONTRACTOR shall not endanger any work of others by others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and ether contractors to the extent that there are comparable provisions for the benafit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7,3 if any part of CONTRACTOR's Work depends for proper execution or results upon the work of any suck other contractor or utility owner (or OWNER), CONTRACTOR shall inspect and promptly report to ENGINEER in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure to report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in the other work. Coordination: 7.4 If OWNER contracts with others for the performance of other work on th" Project at the site, the person or organization who will have authority a, rd responsibility for coordination of the aciivities among the various prime contractors will be identified in the Supplementary Conditions, and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such authority and responsibilities will 'be provided, in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither OWNER nor ENGINEER shall have any authority or responsibility in respe!-t of such coordination. `• GENERAL CONDITIONS L. 0 ME ALt�Of�IE ' RSF'ONSI3 I.I 8.1 OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2 In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. Any dispute in connection with such appointment shall be subject to arbitration. 8.3 OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13. 8.4 OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.1 u. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing structures which have been utilized by ENGINEER In preparing the Drawings and Specifications. 8.5 OWNER is obligated to execute Change Orders as indicated in paragraph 10.4, 8,6 OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.7 In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13, 10, and 15. 1, Paragraph 15.2 deals with OWNER's right to terminate services Of CONTRACTOR under certain circumstances. ARTirt E g - ENCINEER [TURING STRUCTIUM OWNER's Representative: 9.1 ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: ,. a a4 6. z �qul� z rnnreo4� 4n tho uwrini:c Onnac ni 9.2 ENGINEER will riiakv- Visits ',u t is Si, as ii ir.t.� ..f„I;„ �F..^- --��- construction 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. ENGINEER will not be required to make exhaustive or continuous onsite inspecticns to check the quality or quantity of the Work. ENGINEEI;'s efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design professional, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. GENERAL CONDITIONS 40 er> i 0 Project Representation: 9.3 If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants are set forth in Section 00801, Exhibit B, titled "Duties, Responsibilities and Limitations of the Authority of Resident Project Representative". If OWNER designated another agent to represent OWNER at the site who is not ENGINEER's agent or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in the Supplementary Conditions. Clarifications and Interpretations: 9.4 ENGINEER will issue with reasonable nromntness such written rlarifirations or interpretations of the requirements of the Contract bocuments (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract. Documents. If CONTRACTOR believes that a written clarification or interpretations justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article 11 or Article 12. Authorized Variations in Work: 9.5 ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. if CONTRACTOR believes that a Field Order.rst'tftes an increase in the Contract f rim or an extensinn of the rontrart Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may mane a claim therefor as provided in Article 11 or 12. Rejecting Defective Work: 9.£ ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, and will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7 In connection with ENGINEER's responsibility for Shop Drawings and samples, see paragraph 6.28 through 6.35 inclusive. 9.8 In connection with ENGINEER's responsibilities as to Change Orders, see articles 10,11 and 12. 9.9 In connection with ENGINEER's responsi'bilitiies in respect of Applications for Payment, etc, see article 14. Determinations for Unit Prices: 9.10 ENGINEER will determine the actual quantities and classifications of Unit Price Work GENERAL corrDTTTaxs f 40 s performed by CONTRACTOR, ENGINEER will review with CONTRACTOR ENGINEER's preliminary determinations on such matters before rendering a written deci,,ion thereon (by recommendation of an Application for Payment or otherwise). ENG71NEER's written decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten (10) days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other party to the Agreement and to ENGINEER written notice of intention to appeal from such a decision. Decisions on Disputes* 9,11 ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute and other matters will be delivered by a claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty (ata) days) after the occurrence of the event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty (60) days after such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim. 9.12 When functioning as interpreter and judge under paragraphs 910 and 911, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. Limitations on ENGINEER's Responsibilities: 9.13 Neither ENGINEER's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. 9.14 Whenever in the Contract Documents the terms "as or dei ed", "as directed", "as i eyuir'ed", ..as allowed", "as approved" or terms of like effect or import are used or the adjectives "reasonable", "suitable"' "acceptable" "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment or ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective Ehall not btu effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contran/ to the provisions of paragraph 9.15 or 9.16. GENERAL CONDITIONS 40 4W 0 a 9.15 ENGINEER will not be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.16 ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. ARTICLE i0 - CHANGES IN THE 1Naf3�. 10.1 Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, givon written order of additions, deletions or revisions in the m Work as it ay find necessary or desirable. These will be authorized by a Written Amendment, a Change Order, or a Work Directive Change. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2 If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Work Directive {Change, a claim may be made therefor as provided in Article 11 or Article 12. 10.3 CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension G11 '-',a Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.4 and 3.5, except in the case of an emergency as provided in paragraph 6.27 and except in the case of uncovering Wnrk as provided in paragraph 13.9. 10.4 OWNER and CONTRACTOR shall execute appropriate Change Orders (or Written Amendments) covering: 1€3.4.1 changes in the Work which are ordered by OWNER pursuant to paragraph 10.1, are required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or are agreed to by the parties; 10.4.2 changes in the Contract Price or Contract Time which are agreed to by the parties; and ..t.h V A . 4t-- .. .L...4............ changes in the Contract Price or C.vnit aul T irne wii uc e� wc)Uy �� V QuW04a11Ut;; of any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Dccuments and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 5.35. 10.5 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any suvh notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. GENERAL CONDMONS 40 EI • w i4RTl t- 19 - CFii4NGE O GCT PRIG 11.1 The contract price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at his expense without change in the Contract Price. 11.2 The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty (30) days) after the occurrence of the event giving rise to the claim statin !he general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty (50) days after such occurrence (unless ENGIN LEER allows an additional period of time to ascertain more accurate data in support of the claire) and shall be accompanied by claimant's written statement that amount claimed covers all known amounts (direci, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: -11.3.1 Where thq Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9 thruuyi 11. i 1, inclusive). 11.3,2 By mutual acceptance of a Jump sum or other unit price(which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11,621). 11.3.:.3 On the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5). Cost of the Work: 11.4 The term Cost of the Work means the sum of all costs necessarily incurred and paid by MIMTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by .OWNER, such costs shall be in amounts no nogner to an inose prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.1.1 For all labor and foremen (CONTRACTOR and subcontractors) in direct charge of the authorize operations, the CONTRACTOR shall receive the current local rate of wages, to be agreed upon in writing before starting such work, for each hour that said labor and foremen are actually engaged thereon, to which shall be added an amount equal to 15 percent (15/6) of the sum thereof which shall be considered and accepted as full compensation for general supervision and the furnishing of small tools and miscellaneous equipment used, such as picks, shovets, hand pumps, and similar items. GENERAL CONDITIONS 40 C� • 0 11.4.2 For all materials used (by CONTRACTOR or subcontractor), the CONTRACTOR shall receive the actual cost of such materials delivered at the site or previously approved delivery point as established by original receipted bills. No percentage shall be added to this cost. 11.4.3 For special equipment and machinery (used by CONTRACTOR or subcontractor) such as power driven pumps, concrete mixers, trucks, and tractors, or other equipment required for the economical performance of the authorized work, the CONTRACTOR shall receive payment based on the agreed rental price for each item of equipment and the actual time of its use on the work. No percentage shall be added to this cost. 11 .4.4 The CONTRACTOR'S profit shall be computed by taking ten (10%) percent of the sum of items 11.4.1 (less the 15% added), 11.4.2, and 11.4.3 above. 11.4.5 The total cost of performing this extra work shall then be the sum of items 11.4.1, 11.4.2, 11.4.3, and 11.4.4. 11.4.6 Records of extra work done, if any, shall be reviewed at the end of each day by the CONTRACTOR or his representative and at the discretion of the Engineer, duplicate copies of accepted records made and signed by both CONTRACTOR or his representative and the Engineer, and one copy retained by each.. 11.5 The term cost of the Work shall not include any of the following: 11.5.1 Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents. expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the WUork and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 all of which are to be considered administrative casts covered by the CONTRACTOR's flee. 11.5.2 Expenses of CONTRACTOR's principal and branch offices ether than CONTRACTOR's office at the site. 11.5.3 Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CUNy T RAC I OR for deiinqueni paymenis. 11.5.4 Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same. 11.5.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable, including but not limited to, the correction of defective Work. Disposal of materials or equipment wrongly supplied and making good any damage to property. GENERAL CONDITIONS Lr 4M i C] C 13.5.5 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. CONTRACTOR'S Fee: 11.E The CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1 a mutually acceptable fixed fee; or if none can be agreed upon, 11.6.2 a fee based on the following percentage of the various portions of the Cost of the Work: 31.S.L.3 Tho: airnount of -- edit to b:: 'ulla-vVed by i, rIKITDAt'TO R to OWNER for any change which results in a net decrease iii cost will be the amount of the actual net decrease Imus a deduction in CONTRACTOR's Fee by an amount equal to ten percent (10%) of the net decrease. 11,6.2.2 When both additions and credits are involved in any one charge, the adjustment in CONTRACTOR's Fee shall be computed on the basis of the net change. 11.7 Whenever the cost of any Work is to be determined pursuant to paragraph 11.4 or 11.5, CONTRACTOR will submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allowances: 11.8 It is understood that CONTRACTOR has included in the Contract Price all allowances so n"'n'�.`-.`d in the ('-Mtrwct Dcc°uments and shall ya11CP the k/vork so rnyareri to hr, done. by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to ENGINEER. CONTRACTOR agrees that: 11.8.1 The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2 CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof of any thereof will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. Unit Price Work: 11.9 Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work arl amount equal to the sum of the established unit prices for each separately identified item GENERAL CONDITTONs Cl 40 11 of Unit Price Work times the estimated quantity of each items as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.10 Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.11 Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other items of Wo , -K and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim for an increase in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the amount of any such increase. CLE 12 - CHANGE OF CONTRACT T 12.1 The Contract Time may only be changed by a change order or a written amendment. any claim for an extension or shortening of the contract time shall be based on written notice delivered by the party making claim to the other party and to ENGINEER promptly (but in no event later than thirty (30) days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with suppoi+ng data shall 'we delivered within sixty (BO) days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Time will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12..2 The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of CONTRACTOR if a claim is made therefor as provided in paragraph 12.1. Such delays shall include, but not be limited to, acts or neglect by OWNER or others performing additional work as contemplated by Article i, or to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. Delays described in this paragraph shall not entitle the CONTRACTOR to any additional compensation. The sole remedy of the CON -1 RAC; T OR shaii be an extension ui' ilmu ubiair leu in � accordance With Article 12. 12.3 All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article 12 shall not exclude recovery for damages (inrl-+ding but not limited to fees and charges of engineers, architects, attorrweys and other professionals and court and arbitration costs) for delay by either party. GENERAL CONDiTTOMS 69 ARM-19 f3 WARRANTY ANE)GUARANI • A D I PELT • C ECTI N RE V CC ACE R Warranty and Guarantee: 13.1 CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accordance witil the Contract Documents and will not be defective. 'Prompt notice of all defects shall be given to CONTRACTOR. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in this Article 13. Tests and Inspections: 13.3 CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections or tests. 13.4 The OWNER will retain and pay for an independent rnaterials testing laboratory to accomplish certain tests. The only tests to be provided by the OWNER shall be the int al tests for density and thickness of backfill, stabilized subgrade, base course and asphaltic concrete surfaces; bearing value of stabilized subgrade; and Portland cement concrete cylinder tests. Subsequent tests required after the initial tests to verify compliance with the Contract Documents in areas failing the first test shall be paid for by the CONTRACTOR by back charge to subsequent applications for payment. All other tests required in the Contract Document shall be provided by the CONTRACTOR. The CONTRACTOR shall assume full responsibility therefor, pay all costs in connection there%vi'l) and furnish ENGINEER the required certificates of inspection, testing or approval. CONTRACTOR shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWNER's or ENGINEER's acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to CONI RAC I OR's purchase ihef uua ICP II iuv pct auo dd iii 'u is VVork. 13.5 All inspections, tests or approvals other than those required by laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by ENGINEER if so specified). 13.6 If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrwnce of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response tri cu irh7 nniirn 13.7 Neither observations by ENGINEER nor inspections, tests or approvals by others shall re'+eve CONTRACTOR form CONTRACTOR's obligations to perform the Work in accordance with the Contract Documr' nts. Uncovering Worst; 13.8 If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. GENERAL CONDITIONS d +! • io 13.9 If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by Gathers, CONTRACTOR shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, (including but not limited to fees and charges of engineers, architects, attorneys and other professionals), and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract 'Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction; and, if the parties are unable to agree as to the amount or extent ihei euf, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. OWNER May Stop the Work: 13.10 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. Correction or Removal of Defective Work: 13.11 if required by ENGINEER, CONTRACTOR shall promptly either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with nondefective Work which is satisfactory to the ENUltyEER. CONT RAL T GR shall bear ail dir'eui, indirect aria consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. One Year Correction Period: 13.12 If within one (1) year after the date of Substantial Completion or such longer period of time as may be prescribed by Daws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by an specific provisions of the Contract Documents, any work is found to be defective, CONTRACTOR shall promptly, without cost to 0%'%1A'ER and in arrnrrianCe With r)1A1NFR'a written instrtint ions, either carrent SliCh defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with nondefective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected W,'J, k removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by CONTRACTOR. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment, r.,sxr•PAL CcNDITTONS C> 11 a In addition, warranties of merchantability and fitness of purpose guaranteed by the Uniform Commercial Code and made a part hereof, all work or materials furnished by the CONTRACTOR under this Contract shall be guaranteed by him against mechanical and physical defects, breakage, and other damages and failure, under normal operation, for a period of one (1 ) year from the date of final acceptance. All work or materials found to be defective from routine, normal operation within the specified guarantee period shall be replaced by the CONTRACTOR at his expense. The period of guarantee of each such replacement shall be one year frorn and after the date of installation thereof. Acceptance of Defective Work: .I n n%rArIKIVQ1 , f1saearl o_equirg correction or removal d pIccem,it LAVrk,qJJ11Iin (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attorneys and other professionals). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14 if CONTRACTOR fails within a reasonable time after written notice of ENGINEER to proceed to correct and to correct defective Work or to remove and replace rejected Work as requi—ri by ENGINEER in accordance with paragraph 13 11 nr if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven (7) days written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work ail materials and equipment stared at the site or for whicti OWNER has oaid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. Ali direct, indirect and consequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by ENGINEER, and a Change Girder will be issued incorporating the necessary revisions in ti Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claire therefor as provided in Article 11. Such direct, indirect and consequential costs will inclUde but not be limited to fees and charges of engineers, architects, attorneys and lather professionals, all court and arbitration costs and all costs of repair and replacement of work of others destroyed or damaged by correction, remov&' or replacement of CONTRACTOR's defective Work, CONTRACTOR shall not be allowed GENF- AI, CONDITIONS i C-1 • 0 an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14. PAYMENTS -TQ CONTRACTOR AND COMP_LETJ Schedule of Values: 14.1 The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed.. A;oPlica#ion for Progrems Payment: 14.2 At least twenty (20) days before each progress payment is scheduled (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting the OWNER has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances (which are hereinafter in these General Conditions referred to as "Liens") and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect O1. NEP's interest t; .crein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Warranty of Title: 14..3 CONTRACTOR warrants and guarantees that title to all Work materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment, free and clear of all Liens. Review of Applications for Progress Payment: 14.4 ENGINEER will, within ten (10) days after receipt of each application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten (1 Q) days after presentation of thR Annlir^ation fnr PA ivrnonl w fl7 roorimmanrinhrin fhn Omni inf rarnrr�mcan�fnnC will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5 ENGINEER's recommendation of any payment requested in an Applicaflon for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on-site observations of the Work in progress as an experienced and qualified design profes ,ional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules that the Work has progressed to the point indicated; that, to the best of ENGINEER's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole ,P14FRAL CONDITIONS • 41111110 0 a prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 99.10, and to any other qualifications stated in the recommendation); and that CONTRACTOR is entitled to payment of the amount recommended, However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionaliy by OWNER or OWNER to withhold payment to CONTRACTOR. 14.5 ENGINEER's recommendation of final payment will constitute an additional representation ..41 1 w- ..r a sA r fi.1TY7 N by ENGINEER iu llVVNER iE lat tl le coo 1ki ,,:o .s pr C ceder., to CON i RACTO� � bo,ng entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7 ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make such representations to OWNER. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or test nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.1.1 the Work is defective, or completed Work has been damaged requiring correction or replacement, 14,7.2 the Contract Price has been reduced by Written Amendment of Change Order, 14.1.3 OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4 of ENGINEER's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGiNEEk because claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work or liens have been filed in connection with the Work or there are other items entitling OWNER to a set-off against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action. Substantial Completion: 14.8 When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is .' 'AVp'ac®AF_„1M•nnt7nfl, ccomp1c►mivriiv"t for '\,,_s, incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER s�l make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. if ENGINEER considers the Work substantially complete,. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven (7) days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. 40 4& • 0 If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen (14) days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen (14) days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER prior to ENGINEER's issuing the definitive certificate. of Substantial Completion, 'ENGINEER's aforesaid recommendations will be binding on OWNER and CONTRACTOR until final payment. 14.9 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10 Use by OWNER of any finished part of the Work; which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable hart of the Work that can be used by OWNER without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.101.1 OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be reedy for its intended use and sulastant ally compla". If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and ENGINEER that said part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.101.2 OWNER may at any time request CONTRACTOR in writing to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to ENGINEER and within a reasonable time thereafter OWNER, GENERAL CONDITIONS 4D 40 CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to OWNER and ENGINEER that such part of the Work is not ready for separate operation by OWNER, ENGINEER will finalize the list of items to be completed or corrected and will deliver such list to OWNER, and CONTRACTOR together, with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for the park of the Work, which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed ENGINEER). During such oneration and prior to Substantial Completion of such park of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. 14.10,3 No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.3.1.4 in respect of property insurance, Final Inspection:. 14.11 Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. r_.f;1NTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies, Final Application for Payment: 14A2 After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered all maintenance and operating insimuko s, Zd le luiea, guaraillees, bu lds, certificates of inspection, marked -up record documents (as provided in paragraphs 6.22- 6.24) and other documents -all as required by the Contract Documents, and after ENGINEER has indicated that the Work is acceptable (subject to the provisions of paragraph 14.16), CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by all documentation called for in the Contract Documents, together with complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. in lieu thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full; an affidavit of CONTRACTOR that the releases and receipts include all labor, services, material and equipment for which a Linn rni did ha fitind and that all. navrnlls material and eauioment twills; and other indebtedness connected with the Work for which OWNER or OINIVER's property might in any way be responsible, have been paid or otherwise satisfied; and canseni of the surety, if any, to final payment. If any Subcontractor or Suppliei fails to furnish a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. Final Payment and Acceptance: 14.13 If, on the basis of ENGINEER's observGtion of the Wort: during construction and final inspection, and ENGINEER's review of the final Application for Payment and GENERAL CONDITIONS +f 4M • a accompanying documentation -all as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten (10) days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. Thereupon ENGINEER will give written notice to OWNER and CONTRACTOR, that the Work is acceptable subject to the provisions of paragraph 14.16. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty (30) days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance, and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR. 14.14 If, thrnugh no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5. 1, the written consent of the surety to the payment of the balance due for that portion of the Work fully competed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Contractor's Continuing Obligation; 14.15 CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by ENC,'INEER, nor the issuanre of a certificate of Substantial Campletinn, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13, nor any correction of defective Work by OWNER will constitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.16). Waiver of Claims: 14.16 The making and acceptance of final payment will constitute: 14.16.1 a waiver of all claims by OWNER against CONTRACTOR, exut:�pt claims arising from unsettled liens, from defective Work appearing after final inspection pursuant to paragraph 14.11 or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; however, it will not constitute a waiver by OWNER of any rights in respect of CONTRACTOR's continuing obligations under the Contract Documents; and 14. 16.2 a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. J_ gENE.RAL CINUI'TIONS i 40 0 w A it -i L 1 5USP>ENSION OF WORK AN—D—TT �?"-l[NAT1 OWNER May 'Suspend Work: 15.1 OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety (90) days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. nwNEn Mav TPntnlnate. 15.2 Upon the occurrence of any one or more of the following events: 15.2.1 if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise tinder any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 15.2.2 if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at tttie time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any ether federal or state law in effect at th3 time relating to bankruptcy or insolvency; 15.2.3 if CONTRACTOR makes a general assignment for the benefit of creditors; 15.2.4 if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a I_iutl ayeirist such prof.Pl4:.lty 0 ,c "a pi j.,pc;se of go lural auu rdii ni sir ur+Wr1 o, such property for the benefit of CONTRACTOR's creditors; 15.2.5 if CONTRACTOR admits in writing an inability to pay its debts generally as they become due; 15.2.6 if CONTRACTOR persistently fails toperform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficiently skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time); 15.2.7 if CONTRACTOR disregards taws or Regulations of any ,public body 'having jurisdiction; 15.2.8 if CONTRACTOR disregards the authority of ENGINEER; or 15.2.9 if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents. OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven (7) days written notice and to the extent permitted by haws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER. has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case GENERAL CONDITIONS 40 40 11 CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by ENGINEER and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed, 15.3 Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4 Upon seven (7) days written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy, elect to abandon the Worn and terminate the Agreement. In such case, CONTRACTOR shall be paid for all Work executed and any expense sustained plus reasonable termination expenses, which will include, but not be limited to, direct, indirect and consequential costs (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs). Contractor May Stop Work or Terminate: 15.5 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety (90) days by OWNER or under an order of court or other public. authority, or ENGINEER fails to act on any Application for Payment within thirty (30) days after it is submitted, or OWNER fails for thirty (30) days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven (7) mays written notice to OWNER and ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement, if ENGINEER has failed to act on an Application for Payment or OWNER has failed to make any payment as aforesaid, CONTRACTOR may upon seven (7) days written notice to OWNER and ENGINEER stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.35 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. ARTICLE 16 - ARBITRATION 16.1 Before bringing any action in any court of competent jurisdiction pertaining to any claim, dispute or other matter in question arising out of or relating to the Contract Documents or the breach thereof, in an amount less than $25,000, except for claims which have been waived by the making and acceptance of final payment as provided by Article 14, the claimantlobjector (Party A) shalt first offer to arbitrate the question(s) with the other party to the contract (Party B) by notifying him in writing and setting forth in such notice the ` question(s) to be arbitrated. 16.2 Party B can select to arbitrate or not. If Party B agrees to arbitrate he shall so advise Party A in writing within ten (10) days after receipt of Party A's notice. Notice by Party B that he GE:NFRAL CONDITTONS %d i r 0 s does not wish to arbitrate or failure of Party B to notify Party A within the ten (10) day period will give Party A the right to institute a court action. 16.3 If Party 13 agrees to arbitrate, the arbitration shall be in accordance with the Construction industry Arbitration Rules of the American Arbitration Association except as modified herein. In such event, the agreement to arbitrate shall be specifically enforceable under the provisions of the Florida Arbitration Code, 5682, Fla. Stat., as it may be from time to time amended. The award rendered by the arbitrators strali be final, and judgment may be entered upon it in any court having jurisdiction thereof. 16.4 If Party B agrees to arbitrate, then Party A shall file its notice of demand for arbitration in writing with Party B and with the American Arbitration Association, and a copy shall be filed with the ENGINEER. Notice of dernand for arbitration shall be served on the parties referred to herein nn Inter than thirty (30) days from the data Party B agrees to arbitrate the issues in question. Failure to serve the notice of demand for arbitration shall constitute a waiver and abandonment of the claims for which arbitration is sought. Notice of demand for arbitration shall in no event be made on any claim, dispute or other matter in questions which would be barred by the applicable statue of limitations. 161,5 If the dollar amount of the claim exceeds $25,000, arbitration may only be utilized if both Party A and Party B agree to arbitrate. 16.6 The CONTRACTOR shall carry on the Work and maintain the progress schedule during any arbitration proceedings, unless otherwise mutually agreed in writing. 16,7 The Florida 'Rules of Civil Procedure pertaining to discovery snail apply to both parties durinn arbitr?tinn, and; nt the OWNFRZ"'� sole option, any and all ar"itration arising out of or relating to any of the Contract Documents or any breach thereof shall include by consolidation, joinder, or joint filing any additional person or entity not a party to this Agreement to the extent necessary for the final resolution of the matter in controversy. 10.8 At least one of the members of the arbitration panel must be an attorney licensed to practice law in the State of Florida. 16.9 The surety shall be bound by the arbitration award to the same extent as the CONTRACTOR is bound. 16.10 The arbitration panel shall submit a written opinion with findings of fact and conclusions of law stating the basis for the decision made, and including an award of arbitration that may be confirmed by a court of competent jurisdiction. 16.11 Unless OWNER R agrees to the contrary, the location of any and all arbitration proceedings shall be in the county in which the Project is located. F -,.a 'k Ii Giving Notice: 17.1 Whenever any provision of the Contract Documents requires the giving of written notice, it will be doomed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. GENERAL CGNDITlONS a i a Computation of Time; 17.2 When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period, If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.3 A calendar day of twenty-four (24) hours measured from midnight to the next midnight shall constitute a day. General; 17.4 Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the ether party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.4 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 17.5 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.35,6.37,13.1,13.12,13.14,14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents will survive final payment and termination or completion of the Agreement. GENERAL CONDITIONS 40 C� f SUPPLFEWEul I HRir �.� P441D1 T i SNS SUPPLEMENTARY CONDITIONS TO GENERAL CONDITIONS A. Irrrnmfuc io These Supplementary Conditions amend or supplement the General Conditions (GC) of the Construction Contract and other provisions of the Contract Documents as indicated below. All provisions which are riot so amended or supplemented remain in full force and effect. B. Do a+, No forfeiture due to delay shall be made because of any delays in the wompletion of the work due to unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR (including but not restricted to Acts of God or of the public enemy, acts of the government, acts of the OWNER, or acts of another CONTRACTOR in the performance of a contract with the OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather or delays of subcontractors due to such causes or delays caused by the failure of the OWNER or the owner of a utility to provide for removal or relocation of existing utility facilities). Any such delays shall not Entitle the CONTRACTOR to any additional compensation. The sole remedy of the CONTRACTOR shall be an extension of time obtained in accordance with this section. 2. The CONTRACTOR shall, within five days from the beginning of any such delay, notify the OWNER in writing of the cause of delay, whereupon the OWNER shall ascertain the facts and extent of the delay and extend the time for completinq the work if, in his judgment, the findings of fact justify such an extension, and his findings of facts thereon shall be final and conclusive. C.er njis `l. As set forth in paragraph 61.15 of the GC, the OWNE=R has obtained the following pen -nits: a. FDOT Maintenance Memorandum of Agreement 2. The CONTRACTOR shall obtain and pay for all other required permits and 'ice Ises. 'Phe L 01',111 RAC I OR Shall Piuvide wpie-s Ui Ric—se P fi IIIi3 KlJ 1110 1,JYVIV CfS and Engineer and shall comply with all conditions contained in the permits at no extra cost to the OWNER. 3. The CONTRACTOR shall be familiar with all permit requirements during construction and shall be responsible for complying with these requirements. The cost of this effort shall be included in the pay item which the work is most closely associated with. d. if dewatering is required, the CONTRACTOR shall coordinate with the St. Johns Rawer Water Management District regarding the applicable rules and regulations. If a dewatering permit is required, the contractor shall prepare an application to the District and pay any fee. SUPPLEMENTARY CONDITIONS [i] W E] i D. Eamlliarity with Laws The CONTRACTOR is assumed to be familiar with and shall comply with all Federal. State and Local laws, ordinances, rules, codes, and regulations that may affect the work. Ignorance on the part of the CONTRACTOR will in no way relieve him from the responsibility of compliance therewith. All work and materials shall comply with those laws. E. Qvertiffle Work t. Work shall be performed during regular working hours. Regular working hours are defined as Monday through Friday, excluding County Holidays, from 7 AM to 5 PM. 2. County Holidays are: New Year's Day, Good Friday, Mernorial Day, Independence Day, Labor Day, Veterans Day, thanksgiving Day. Friday after 'Thanksgiving, Christmas Eve and Christmas Day. Working on these days will not be permitted without prior written permission and approval from the Engineer. 3, The CONTRACTOR shall receive no additional compensation for overtime work, i.e., work in excess of eight hours in any one calendar day or 40 hours in any one calendar week, even though such overtime worts may be required under emergency conditions and may be ordered by the Engineer in writing. 4. All costs of inspection and testing performed during overtime work by the CONTRACTOR, which is allowed safely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to the County to deduct the costs of all such inspection and testing from any partial payments otherwise due the CONTRACTOR. 5. No work shall commence before 7 AM or continue after 7 PM except in case of emergency upon specific permission of the Engineer. F. ha es Extra_8nd Omitted Wo It is mutually agreed that no change involving change in cost, either to the OWNER or CONTRACTOR, shall be made except upon written permission of the OWNER. Extra work shall be paid for as set forth in this Paragraph. Omitted work shall be credited against the money due the CONTRACTOR by one of the methods described in this Article. The CONTRACTOR shall make no cUrn for extra work unless it has been approved by the OWNER in writing and in advance of the work, except that the CONTRACTOR may proceed to meet an emergency condition if the OWNER'S representative is not available, Work required by surface or subsurface c anditlons. of Milli, that were foreseen by Bidder at the time of bidding or could [rave been discovered by test borings or other testing methods, shall not be considered extra work. 2. The Engineer shall, in rail cases of dispute, determine the amount or quantity of the several kinds of work which are to be paid for under this Contract, and shall decide all questions relative to the execution of the same, and such estimates and decisions shall be final and binding. 3. Any work not herein specified, which may be fairly implied as included in the Contract, of which the Engineer shall adjudge, shall be done by the CONTRACTOR without extra charge. SUPPLEMENTARY CONDITIONS W 4. The Contract price may only be changed by a Change Order as authorized by the County Commission. This includes extra work. Authorization of extension of time shall not constitute a waiver of liquidated damages. G. Jnspectipnand Acc,eptqnne o,�tht e or The CONTRACTOR shall assist the COUNTY in performing all tests required to determine the acceptability of the work. The CONTRACTOR shall provide all samples and facilities and work necessary for the testings and inspection. "Select Fill" will be tested for compliance by an independent testing laboratory retained by the County. The CONTRACTOR must notify the County when Soil Replacement is taking places. Limits of excavation must be approved by the County prior to backfilling with "Select Fill". Upon notification by the CONTRACTOR, the Engineer will perform final tests and inspections. Should this reveal defective work those defects must be immediately corrected, after which additional tests and inspection shall be conducted by the Engineer to determine acceptability of the work. Upon acceptance of corrected defective work, this shall constitute final acceptance of the work. K t iMs_ This project is a "Public Work" under Chapter 2.55, Florida Statutes. No merchant's liens may be filed against the OWNER. Any claimant may apply to the OWNER for a copy of this Contract. The claimant shall have a right of action against the CONTRACTOR for the amount due him. Such action shall not involve the OWNER in anv expense. Claims against the CONTRACTOR are subject to timely prior notice to the CONTRACTOR as specified in Florida Statutes Section 255.05. The CONTRACTOR shall insert the following paragraph in all subcontracts hereunder "Notice: Claims Lof labor. materials and supplies are not assessable against -Indian River County and are subiepl to proper nrior_notice to (QQ a to T retCompany-Nam-e)-pursuant to Chaptef, 25 of the Florida 5tatu#es. This pa raeraph shall be insQtked_in every sub - subcontract ere der" The payment due under the Contract shall be paid by the OWNER to the CONTRACTOR only after the CONTRACTOR has furnished the OWNER with an affidavit stating that all persons, firms or corporations who are defined in Section 713.01, Florida Statutes, who have furnished labor or materials, employed directly or indirectly in the work, have been pairs in full. T+ c CC'NIT R++I C i ." S! III all arcue aid I lair itair! was 1Icadas ai "u suffioi.ci "t Safcguai ds around all excavation, embankments or obstructions; he shall place sufficient amber lights at or near the work, keep the same burning from sunset to sunrise, employ watchmen and strictly obey all laws and ordinances controlling or limiting those engaged on similar work. All maintenance of traffic work shall comply with Section 102 and Special Provision Item 102-1 of the Elori .O.T, Standard 5pecifi aC tion*5 for Road and E30g_ onstru tion Where there are telephone, telegraph, light, or power poles, water main, conduits, pipe, or drains; or other construction either public or private; in or on the streets or alleys; the work shall be so conducted that no interruption or delay will be caused SUPPLEMENTARY CONDITIONS in the operation or use of the same. Proper written notice shall be given and all the facilities afforded the owners of such construction encountered or likely to be encountered, as will enable them to preserve the same from injury. 3. The CONTRACTOR will not be permitted to interfere with public travel and convenience by grading or tearing up streets indiscriminately, but the work of conducting the various items of this Contract shall proceed in an orderly, systematic and progressive manner. J. Measurement and-2aymen 1. Work under this contract will be paid on a lump sum or unit price basis as outlined on the Bid Form for the quantity of work installed. 2. Any pay items for which a specific item is not included shall be included in the price of the pay item to which it pertains or is associated. 3. Any iterns not shown or omitted that are required for a complete installation shall be furnished and installed by the CONTRACTOR at no additional cost to the OWNER. 4. The prices shall include all labor, materials, tools, equipment required to complete the work. 5. No additional payment will be made for well pointing or other methods of dewatering excavations. 6. Payment for repair and replacement of existing utilities will be included in the unit price or lump sum bid amount for the related new construction bid item. K, r- gbyering anti I-avQut 1. Engineering and layout work shall comply with Section 5-7 of the "Standard Specifications". 2. The CONTRACTOR will furnish all construction staking for the project. All staking from control will be under the supervision of a Florida Registered Land Surveyor. 3. The cost of performing engineering and layout work described above shall be included in the contract unit prices for the various items of work to which it is incidental. No separate payment will be made for surveying or engineering. L. SUPPLEMENTARY CONDITIONS 40 C] 1 TECHNICAL SPECiFIGATIONS 40 ow r TABLE OF CONTENTS OF TECHNICAL SPECIFICATIONS SECTION TITL PAGE NUMBER SECTION 1A- SUMMARY OF THE WORK ............................. 1A1- 1A3 SECTION 1 B - SUBMITTALS .......................... . ........... 181- 183 SECTION 1C - CODES, STANDARDS AND SUBSTITUTIONS ............. 1C1- 1C3 SECTION 1D - TEMPORARY FACILITIES AND CONTROLS .............. 1D1— 1132 CONSTRUCTION SIGN DETAIL DESCRIPTIQ, OF WORK: The work consists of installing landscape improvements at Wabasso Causeway Park, for Indian River County, Florida, in accordance with the Contract Documents. The site is situated in Indian River County, Florida, and is generally described as follows: .53f miles from mile marker 5.879 (intersection of US 1 and Wabasso Causeway) to mite marker 8.455 (over the Indian River) loc ;teed at the east and west islands, west end of the high-rise 'bridge. The specifications and drawings listed on the index have been prepared for: Indian River County Board of County Commissioners 1840 25' Street Vero Beach, Florida 32980 Brad Smith Associates, Inc., Landscape Architects/Land Planners 1800 W. Hibiscus Boulevard, Suite 112 Melbourne, Florida 32901 Telephone - (407) 724-1035, Fax - (407) 724-9429 This firm is duly authorized by the owner to be responsible for landscape architectural and engineering observations of the contract work and acting directly or through an authorized representative. Wherever in these documents reference is made to Landscape Architect and/or Engineer and/or Architect and/or Architect/Engineer, it is intended to mean Brad Smith Associates, Inc.. S061;VAINN .94 A. The Contractor shall immediately, uoon entering nroiect site for ournose of beginning work, locate all general reference points and tape necessary action to prevent their destruction; layout his own work and be responsible for all lines, elevations and locations of utilities and other work executed by him under the Contract. B. The Contractor must exercise proper precaution to verify figures shown on the drawings before layout work and will be held responsible for any error resulting from his failure to exercise such precautions. TECHNICAL SPECIFICATIONS 40 do 0 The performance of all construction under this Contract shall conform to the Federal Occupational Safety and Health Standards. a1 i i �i� i ►_ A. Immediately following the written "Notice to Proceed" issued to the Contractor, a Pre -Construction Conference shall be held with the Indian River County Public Works Department to review coordination between the Contractor and Indian River County. B. In accordance with Paragraph 4, Part 1, of Seciion 1 B, the contractor shall submit a planned construction progress schedule at the Pre -Construction Conference. The schedule shall show the time at which the Contractor plans to begin and complete each of the various sections, locations, or phases of his operation. A. The Contractor shall be responsible for notifying the following utility companies prior to commencing work so that existing utilities can be located and protected: 1. Florida Power and Light Company 2. BellSouth Telephone Company 3. Indian River County Utilities Department 4. Indian River County Public Works Department 5. John's Island Water Management (231-3957) In addition, the Contractor shall be responsible for notifying the local cable TV Company, and any other utilities which may be affected by the Contractor's work. B. The Contractor shall be responsible for notifying the following agencies prior to commencing work: 1. Florida Department of Transportation 2. Indian River County Construction Inspector C. Contractor is responsible for cornolvina with all parm:`t conditions. 9. The Contractor agrees to hold harmless and indemnify the Landscape Architect from and against liability arising out of the Contractor's negligent performance of the work. 10 CLEA -UP: A. Cleaning of Site: TECHNICAL SPECIFICATIONS k� WN M See General Conditions and individual divisions. 6. Debris The Contractor shall remove all debris carried on to streets, paved surfaces, public right-of-way and other areas as directed by the Owner, Landscape Architect and local authorities. leo debris shall be left to remain overnight on any street. TECHNICAL SPECIFICATIONS :i, S 40 0 SECTION 1 = SU= :. m► ., 1. * —EME► to A. *-.. B. Shop Drawings C. Product Data D. Physical Samples 2. PROCBDtJRE5: A. Submittals are defined elsewhere in the technical Specifications. B. Transmit each submittal to the Landscape Architect, unless otherwise noted. C. Comply with progress schedule for submittals related to ),vork progress. D. Unless otherwise required in the Technical Specifications the following criteria shall apply to all submittals requiring the Architect's review and approval. 3. SUBMIn6L IfD'ENDR :M A. Each submittal shall be consecutively; numbered and identified by specification section nave and number. B. Mark each submittal to clearly identify applicable products, models, options and other data; supplement manufacturer's data to provide information unique to the work. Include manufacturer's installation instructions when required by the technical Specification section. ITEM TYPE SUBMITTAL AND APPROVAL ACTION, Record Drawings, As -Built Pians Drawings to L.A. for review and Transmittal to Owner Laboratory test re Si ii!!S fnr I ❑ nmirnumi `.rN.-.— pH Tests (landscape) Test results for L.A. review Physical samples of mulch and Samples to L.A. for review Planting sod mixture 4. SHQP URAVINQ-5 Shop drawings shall be prepared accurately and to a scale sufficient to show all requisite information pertinent to the submitted item or assembly. TECHNICAL SPECIFICATIONS W Number shop drawings consecutively and indicate the following: A. Working erection dimensions and/or field dimensions. B. Arrangements, sectional views. C. Necessary details, including complete information for making connections with other work. D. Kinds of materials, finishes. E Date, project name, descriptive names of equipment, classified item numbers, locations at which materials or equipment are to he installed in work. Submit shop drawings by transmittal letter containing project name, Contractor's name, number of drawings, titles, date, other pertinent data. Contractor shall review, thoroughly check and approve shop drawings prior to submilting to the Architect for approval. At the time of submittal to the Architect. the Contractor shall inform the Architect in writing of any deviation in the submittal from the requirements of the Contract Documents. Submit six (6) bound sets of shop drawing prints for review. Satisfactory drawings will be so identified, dated and three l3j copies returned to the Contractor, Should shop drawings be disapproved, corrections will be indicted on one (1) only of the returned sets. Re -submittals shall be in the same format as described above until such time as approval is obtained from the Architect. Changes or corrections marked by the Architect on shop drawing submittals shall not be considered as an order for extra work by the Contractor but only clarification or requirements of the Contract Documents. In the event the Contractor takes exception to such corrections being inconsistent with the Contract Document requirements, he shall notify the Architect promptly in writing before proceeding with the work. Submit samples as follows; A. Submit samples in triplicate (3), of size called for by each section, showing quality, type, color, texture. B. Where specifications require manufacturer's printed installation directinns, submit triplicate (3) copies of such directions with scruples. C. Prepay transportation charges to Architect's office on samples forwarded. D. Label each sample with material narne, quality, Contractor's name, date project name, other pertinent data. TECHNICAL SPECIFICATIONS M 0 a When submissions are in the form of loose pages (approximately 8%' by 11" in size), such shall be submitted in sets with each containing one of each drawing and schedule submitted, assembled in portfolio binders showing on the covers of first page inside a complete list of contents. Submittal of complete catalogues with one or more items checked therein will not be accepted. Submit Catalog Data and/or Installation Instructions by transmittal letter containing project name, Contractor's name, description of submittal, date, other pertinent data. Contractor shall review, thoroughly check and approve Catalog Data and/or Installation Instructions prior to submitting to the Landscape Architect for approval. At the time of submittal, the Contractor shall inform the Landscape Architect in writing of any deviation in the submitted material from the requirements of the Contract Documents. Submit six (6) sets of each item for review. Satisfactory submittals will be so identified, dated and three (3) copies returned to the Contractor. Should an item be disapproved, corrections will be indicated on one (1) copy only of the returned data. Re -submittals shall be in the same format as described above until such time as approval is obtained. Changes or corrections to Catalog Data and/or installation instructions shall not be considered as an order for extra work. Submittals shall be in accordance with the following from date of Notice to Proceed: All submittals required Five (5) Days Five (5) Days Trorn date of receipt of submittal. Delays on account of tardy or untimely submittals will not be considered as causes for extension of time of the Contract or increases to the Contract Sum. a. TECHNICAL SPECIFICATIONS W APPLICABE_F 04DCS: A. Standard Specifications for Road and Bridge Construction, Florida Department of Transportation {FDOT), latest revision. RFFERF—NCiy SPEL]EI-CATIONS: A. Any material specified by a reference to the number, symbol, or title of a specific standard, such as commercial standards, a Federal specification, a trade association standard, or ether similar standard shall comply with the rwitl reMenfc in fho latest e—sinn the— F n.=..end . c i r. �..,k 1 „�,.— and any A„�GsaumanL VI supplement thereto in effect on the date of the Invitation for Bids, except as limited to type, class, or grade or modified in such reference. B. The standards referred to, except as modified in the Specifications, shall have full force and effect as through printed in the Specifications, These standards are not furnished to Bidders for the reason that the Manufacturers and Trades involved are assumed to be familiar with their requirements. The Architect will furnish, upon request, information as to how copies of the Standards referred to may be obtained, C. It is the intention of the various Divisions of the Specifications and Sections thereto, to require that all materials be used in the manner intended by the manufacturer, and that is work be performed by the standaris adopted by appropriate trade associations. To this objective, the following requirements shall be accepted as though incorporated into each Division and Section unless specifically excepted by the Contract Documents: 1) Where a particular system; product, material or service is snenified. the applicable current standard specifications or recommendations of the manufacturer are thereby incorporated. zj Where a particular operation is required to work the materials specified, the applicable currant standard specifications of practice of the trade Association ASTM Standards, Federal Specifications, American Standards, Commercial Standards, and Simplified Practice Recommendations are hereby incorporated. D. Wherever in these Specifications, reference is made to a manufacturer's printed directions or specifications, for materials or workmanship, a copy of such directions or specifications shall be on file in the Contractor's Field Office in the form of iiterature, brochures or handbooks for each reference. A. Methods - Compaction tests (if required) shall be performed in accordance with AASHT0 T-180. B. Field Density Tests on samples of in-place material as follows: Non -Structural Fills - at Feast 95% of maximum dry density. TECHNICAL SPECIFICATIONS 4D C> • v C. Field Inspections or continuous control of the following procedures: Stripping of top surface. Scarifying and compacting cleaned sub -grade. Familiarity With Pertinent Codes and Standards: in procuring all items used in this Work, it is the contractor's responsibility to verify the detailed requirements of the specifically named codes and standards and to verify that the items procured for use in this Work meet or exceed the specified requirements. Rejection of Non -Complying Items: The Architect reserves the right to reject items incorporated into the Work whid-i fail to meet the specified minimurn requirements. The Architect further reserves the right, and without prejudice to other recourse the Architect may take, to accept non -complying items and subject to an adjustment is the Contract Amount as approved by the Architect and the Owner. Applicable Standards listed in these Specifications include, but are not necessarily limited to, standards promulgated by the following agencies and organizations: A. AASHTO = American Association of State highway and Transportation Officials, 341 National Press Building, Washington, D.C. 20001, B. ANSI =American National Standards Institute (successor USAS I and ASA) 1330 Broadway, New York, N.Y. 10018 C. ASTM = American Snciety for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103. D. AWWA = American Water Works Association, Inc. 6666 West Quincy Avenue, Denver, CO 80235. E. NBC = lyatiorvai Electrical Code {see NFPA). F. NEMA = National Electrical Manufacturers Association, 155 East 44h Street, New York, N.Y. 10017. Clean up and repair any damage r:aused by the testing or testing equipment. SUB S ONSM A. Where a particular system, product, material or service is specified by brand name or manufacturer, it is intended to indicate a standard of quality or perform a^ncP. and chaN hP ronnciH.r.rll ne a uniform.. kasi.. c,,.. uniform. l IJ ee1a 1 VI 11'1-i11111L`J. I V insure a uniform basis of bidding, the Contractor shall base his proposal on the particular system, product, material or service specified, hereinafter called "ITEM", or one which has been approved as sub:i6tution by Addenda. The Bidder may request substitution for any item specified or required by the Construction Documents in the following manner: 1 } The Bidder may request substitution of any item by submitting in writing to the Architect information in form complete enough for TECHNICAL SPECIFICATIONS '- 1,140 4 proper evaluation, numbers, sizes, finishes, materials, and performance data, hereinafter called "SUBMITTAL DATA" as required to meet the standard of quality specified. Proposals shall not be based on such items unless acknowledgment is made by the Architect by Addendum as approval. Re!Qgests shall be submitted seven (7) dqys prior to the for publishing Ad e shall be reiected. 2) After execution of the Agreement, the Contractor may request substitution of an item by submitting in writing to the Architect submittal data, and directly opposite each item, the amount to which he will agree by Change Order to deduct from the then current Contract price of the Project. If no deduction is allowed by the Contractor, he shall so state. Sj Requests for substitution may be submitted by the Contractor within fivg 5 days aftere ; however, under no circumstances shall this procedure be construed to constitute justification for delay in progress in any part of the work due to pending evaluations by the Architect. The Architect's decision regarding evaluation of submittal data of any item shall be final. When a manufacturer is listed as an allowable substitution, it is implied that the manufacturer produces an item which the Architect acknowledges as being of substantially corresponding quality to that specified. The manufacturer may produce items of lower or higher quality. Only these of corresponding or higher quality will be acceptable, and then only after a substitution has been requested. TECHNICAL SPECIFICATIONS i 40 d rM The Contractor shall bear the cost of providing, maintaining and operating any and all temporary facilities. M ■ r Electrical power is available to the Contractor at the site via a temporary construction meter. The Contractor will arrange and pay for temporary electrical service from the local power company. 3. W—LIER-5-ERVIf €• Temporary water required for irrigation purposes shall be obtained via a construction meter tapped into existing water mains. Contractor shall be responsible for obtaining a suitable source of water, and shall pay for all water used. 4. TE L E P H 0 `JE SERVICE - Not considered required for this project. If Contractor elects to have telephone service at the job site, Contractor shall arrange and pay for temporary telephone service. 5. ',MEb1,,5 -rolLET5 8ND pl I!•i�C14 FACECITIES: The Contractor shall provide and maintain sufficient toilet facilities for his own and sub -contractor forces, 6. BEOE1TL A. The Contractor shall be responsible for maintaining his own security force, in areas of new construction, by whatever means is required to project his work and materials at the site. B. Any security required by the Contractor shall be provided at his own expense. A. Physical barriers shall be installed by the Contractor between the areas of construction at the site and the surrounding properties in such form as May be required to insure the protections of life and property. B. Barriers, controls security fencing and railings necessary for protection of surrounding property shall be the responsibility of the Contractor and shall be in conformance to local and state regulations as well as OSHA Standards. 4 TECHNICAL SPECIFICATIO 5 � 8. CONTRA K FQRCE AND PERSONNEL: The Contractor shall advise his forces and sub -contractors of the following controls: A. Unruly behavior of Contractor personnel WILL NOT BE TOLERATED. Any person employed by the Contractor who does not comport himself will be removed from the site when requested by the Engineer and Owner. B. No drinking of alcoholic beverages of any hind will be allowed on the project site. C. All traffic control and safety procedures shall be according to FDOT criteria. 9. TRAFFICfUTILiTIES AND PEDESTRIAN CONTRQI_,- A. Parking of workmen's vehicles shall be coordinated with the Indian Diver County Public Works Department Project Manager. 13. Any existing utilities at the site that are affected by construction operations shall be maintained, protected and repaired/replaced by the Contractor, 10. FIELD OFFICES AND SUEDS: The Contractor shall maintain his field office, sheds and storage areas on the site, at locations approved by the Owner. TECHNICAL SPECIFICATIONS do E:7 r d FOREST CURSEN 1 1/2' h FOREST OMEN 3' h LETTERS oN CPVIM I'aACXc� /- I' FC7REST QREEN 130RDER WABASSO CAUSEWAY PARK IMPRO EMENTS PRASE 1 LANDSCAPE INSTA"TION TIpI� FUNUI� BYIA GRANT FROM FLORIDA DEPT, OF TRANSPOR EAPTI IF TION COUNCIL ANP BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COM . SSt_ .ER.9 r f I Faar.>.'r. cri,c. I f d I LOCaf� �� I I I I I I CONTRACTOR: LANDSCAPE ARCHITIE< T: FLOM FAINTED 1!2' EXT.mYtUcoc) 31c -AN FOREST C4MEN 2' h LETTER,5 9 r I 1`--d'xd'x& CMAR (ROOT I C I I � I I I I I f I � I I I I I f I PASK &WAmckbo MAF v� MuU" oLN �i- Yf�' LkcubY1A MKS#SMI t cww me sm DAM 6 -31 -?A 40 C> r ■ FLORIDA LASY TU\ RLP'.1 604'ERN"rOR � Mr. G. Sean McGuire, P.E. Project Engineer Indian River County 1840 25th Street Veru Dcach, F132960 Dear Mr. McGuire: DEPARTMENT OF 'TRANSPORTATION TnOMAS F. 13ARR]', JR. SECRETARY DISTRICT I-MINTENANCE - DIS"T"RICT 4 3400 W-" Con --i.l t3nujr,..,,1, IP -rt Lauf J-10, Flo,ide 333[19.3421 Td-phm*e (9341 77747.00 F— (954) 777.4223 October 13, 1998 Fie: Maintenance Memomndum of Agreement for S.IL 510, Wabasso Causeway Enclosed is an executed Agreement for subject project for the County's records. Please use this letter as your NOTICE TO PROCEED, The additional conditions as outlined below shall apply and will become part of the normal agreements in the future. A. The current Florida of Department of Transportation Roadway and Traffic Design Standard index 546 must be adhered to. B, Clear zone/horizontal clearance as specified in the Plans Prcparation Manual - Metric Volume 1, Chapter 2 must be adhered to (atrached.) C. Landscaping shall not obstruct roadside signs or permitted outdoor advertising signs. D. If irrigation is to be installed, the Department shall be provided accurate as built plans of the system so if in the future there is a need for the Department to perform work in the area, die system can be accommodated as much as possible, E. If it becomes necessary to provide utilities to the median or side areas (waterleiectriciry) it shall be the AGENCY'S responsibility to obtain a permit for such work though the local maintenance office. F. During the installation of the project and fixture maintenance operations, maintenance of traffic shall he in accordance with the 1988 edition of the MUTCD and the current Department Roadway and Traffic Design Standards (series 600), G. The AGENCY shall provide the local maintenance office located at 3601 Oleander Avenue, Ft. Pierce, Florida (561) 445.7396, a twenty-four (24) telephoori number and Uhe name of a responsible person that the department may contact. 11. If there is a need to restrict the normal flow of traffic it shall be done off peek hours (9AM to 3PNI). 1. The AGENCY shall be responsible to clear all utilities within the project litnits. J. The AGENCY shall notify the local maintenance office forty-eight (48) prior to the start oftlie project. Upon compietion et the project it will be iwcessruy fur tEhe County to submit a single invoice, along with die paid bilis that support the invoice, to the Department for reimbursement. In the letter of transminal please state that the project was completed in compliance with the plans and that this is the final invoice. Should you have any questions, please call me at (954) 7774219. Tltank you. Carls, ASLA U dscape Arctlit� � CBHJc Enclosure. DISTRICT FOUR (4) HIGHWAY BEAUTIFICATION GRANT AND MAINTENANCE MEMORANDUM OF AGREEMENT DSF-REIMB Contract Number AG 13t? THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Fiorida, herei rafter called the "DEPARTMENT" and the Indian River fAnuily, a political subdivision of the State of Florida, ep sting ii ndpr it P T�a —S of Firr AhcrcIC" _nccr called the "AGENCY WHEREAS, as part of the continual updating of the State of Florida Highway System, the Department, for the purpose of safety, protection of the investment and other reasons, has constructed and does maintain a tyyo f2] lane highway facility as described in Exhibit "A" attached hereto and incorporated by reference herein, within the corporate Iirnits of the AGENCY; and WHEREAS, the AGENCY is of the opinion that said highway facility that contains landscape medians and areas outside lite travel way to the right of way line, excluding sidewalk, shall be maintained by periodic trimming, cutting, mowing, fertilizing, litter pick-up and necessary replanting; and WIMREAS, the parties hereto mutually recognize, the meed for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution No.9_ lb(l/21_/M98-5"Vi 7I98), attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: ne GENCY l:cm-buy agrees iv insiaN or cause to be installer] landscaping on the highway facility as specified in plans and specifications included as Exhibit "B", with if any, the following exceptions: 2. The AGENCY agrees to maintain the landscaping within the median and areas outside the travel way to the right of way line, excluding sidewalk, by periodic trimming, cutting, mowing, fertilizing, litter pickup and necessary replanting, following the Department's landscape safety and plant care guidelines. The AGENCY's responsibility for maintenance shat include all landscapelt•,jrfed areas and areas covered with interlocking pavers or similar type surfacing (hardscape) within the median and areas outside the travel way to the right of way line, excluding sidewalk, on Department of Transportation right-of-way within the limits of the Project, Such maintenance to be provided by tine AGENCY is specifically set out as follows; To maintain, which means the proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to property mulch tite plant beds; to keep the premises free of weeds; to Snow and/or cut the grass to a proper length; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) priming such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original proiect standards. All plants removed for whatever reason shall be replaced by plants of the same size and grade as specified in the original plans and specifications. To maintain also means to keep the haWscape areas free from weeds and replacement of any areas becoming in disrepair so as to cause a safety hazard. To maintain also means to keep litter remover] from the median and areas outside the travel way of the right of way line. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. The above named functions to be performed by the AGENCY, shall be subject to periodic inspections by the Department. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding payment reduction, reworking or agreement termination. The AGENCY shall not change or deviate from said plans without .%Titten approval of the Department. If at any time after the AGENCY has assumed the landscaping installation and/or maintenance responsibility above-mentioned, it shall come to the attention of the l:Departmcnt's District Secretary that the Whits or a pari thereof is not properly maintained pursuant to the terms of this Agreement, said District Secretary may at his option issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY to place said AGENCY on notice thereof Thereafter the AGENCY shall have a period of tlurcy (34) calendar clays within which to correct the cited deficiencies. if said deficiencies are not corrected within this time period, the Department may at its option, proceed as follows: (a) Complete the installation or part thereof, with Department or Contractor's personnel and deduct the cost of such work from the final payment for said work or part thereof; or (b) //Maintain the landscaping or a part thereon; with Department or Contractor's personnel and invoice the AGENCY for expenses incurred, or (c) Terminate the Agreement in accordance vrith Paragraph 6 of this Agreement and remove, by Department or private contractor's personnel, all of the landscaping installed under this Agreement or any preceding agreements except as to trees and 2 Palms and charge the AGENCY the reasonable cost of such removal. 4. It is understood between the patties hereto that the landscaping covered by this Agreement may be removed, relocated or adjusted at any time in the future as determined to be necessary by the Department in order that the state road be widened, altered or otherwise changed to meet with future criteria or planning of the Department. The AGENCY shall be given sixty (60) calendar days notice to remove said landscaping/hardscape after which time the Department may remove the same. 5. The Department agrees to reimburse the AGENCY an amount not to exceed$1L7.7, as defined in Attachment "C". Subject to this litnit, the Department will pay only for the following costs: (a) Sprinklerfu-rigation system (b) Plant materials and fertilizers/soil amendments. (c haver bricks & other hardscape items. The Department's participation in the project cost, as described in Attachment "C" is limited to only those items which are directly related to this project. Payment shall not be made until (1) certification of acceptance is received from the AGENCY's Landscape Architect/or designee and (2) a Department Landscape Architect and/or his designee has approved the project for final payment. (a) Payment shall be made ordy after receipt and approval of goods and services as provided hi Section 2.15.42, Florida Statutes. (b) Any penalty for delay in payment shall be in accordance with Section 215.422(3)(b), Florida Statutes. (c) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof, and bills for travel expenses specifically authorized by this Agreement, if any, shall be submitted and ;paid in ,accordance with the rates specified in Section 112 061, Florida Statutes. (d) Records of costs incurred itndPr tprme of this Anr m—# A-!! !Ne - r a s .�. ...,........s ira,ii l•iall u aru made available upon request to the Department at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. R, -,)rds of costs insured includes the AGENCY's general accounting records, together with supporting documents and records, of the contractor and all subcontractors performing work, and all other records of the contractor and subcontractor.: considered necessary by the Department for a proper audit of costs. 40 40 i (e) The AGENCY agrees to return all monies received under the terms of this Agreement, to the Department, should the landscaped area fail to be maintained in accordance with the terms and conditions of this Agreement. 6. This Agreement may be terminated under any one of the following conditions: (a) By the Department, if the AGENCY fails to perform its duties under paragraph 3, following ten (10) days written notice. (b) By the Department, for refusal by the AGENCY to allnw nnhIir- accees t- all docitments, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received by the AGENCY in conjunction with this Agreement. The terns of this Agreement commences upon execution, 8, To the extent permitted by law, the AGENCY shall indemnify and hold harmless the Department, its officers and employees from all suits, actions, claims and liability arising out ofthe AGENCY's negligent performance of the work under this Agreement, or due to the failure of the AGENCY to construct or maintain the project in conformance with the standards described in Section 2 of this agreement. 9, The AGENCY may construct additional landscaping within the limits of the right-of-ways identified as a result of this document, subject to the following conditions: (a) flans for any new landscaping shall be subject to approval by the Department. The AGENCY shall not change or deviate from said plans without written approval by the Department. (b) All landscaping shall be developed and implemented in accordance with appropriate state safety and road design standards; (c) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscaping installed; (d) No change will be made in the payment terms established under item number five (5) of this Agreement due to any increase in cost to the AGENCY resulting from the installation of landscaping added under this item. 10. This writing embodies the entire Agreement and understandLig between the patties hereto and there are no other Agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 11, The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of tlae amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this. paragraph shall be incorporated veibatim in all contracts of the Department which are for an amount in excess of $25,000.00 and which have a term for a period of more than 1 year. I2. The Department's District Secretary shall decide all questions, difficulties and disputes of any nature whatsoever Haat may arise under or by reason of this Agreement, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof, and his decision upon all claims, questions and disputes shall be final and conclusive upon the ,parties hereto. 13. This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the Department. 14. This Agreement shall be governed by and construed in accordance with the laws of t! a State of Florida. In the event of cor bct between any portion of tile Agreement and Florida law, the laws of Florida shall prevail. IN WITNESS VM—FRE-0F, the partics hcTcto have causod these presents to be execuied the day and year first above written. AGENCY STATE OF FLORIDA IAEPARTMZaNT OF TRANSPORTATION 1 wrjN i noir i7 r District Secretary erx Executive Secretary OF Legal Approval p,e I+'ldacfi r-4WLf COJWy I 4Fr'Oved l�,a 0 FIN NO.(s): COUNTY: S.R. NO.: CONTRACT NO.: EXHIBIT "A" PROJECT LOCATION Mile Marker 5.879 (Intersection of U.S.1 & Wahasso Causeway) to Mile Marker 8.455 (over the Indian River) FIN NO.W: COUNTY: S.H. NO.: CONTRACT NO.: Eximrr ,,B„ The Department agrees to reimburse the AGENCY for the installation of the project as reflected in the plants attached hereto and incorporated herein. FIN NO.(s): 7Q912A0j___ COUNTY: Indian Myer S.R. NO.: 510 CONTRACT NO.: MAN- ATTACHMENT AN,__ ATTACHMENT "C" (GENERAL) PROJECT COST This Exhibit forms an integral part of the Highway Beautification Grant Agreement between the State of Florida, 'Department of Transportation and the AGENCY. Dated I. PROJECT COST: $27.683.08 Indian Riser County 137,791.54 Department of Transportation 137,791.54 c:�un+oacuvawrr�ss.� �,v.,., a�n as cf TOTAL $275,583.08 8 Plans Preparation Manua' - Metric Chapter 2 DESIGN GEOMETRICS AND CRITERIA 2.0 General..............................................2-1 2.1 Lanes................................................2-3 2.1.1 Through or Travel Lanes .......................... 2-3 2.1.2 Other Lane Widths ............................... 2-3 2.1.3 Ramp Traveled Way Widths ........................ 2-3 2.1.4 Bicycle Lanes...................................2-4 2.1.5 Cross Slopes .................................... 2-4 2.1.6 Roadway Pavement .............................. 2-4 2.1.7 Transitions of Pavement Widths ..................... 2-5 2.1.8 Maximum Number of Lanes on the State Highway System 2-5 2.2 Medians ........................................ ......2-5 2.2.1 Median Width for Roadways ....................... 2-5 2.2.2 Median Treatments on Bridges ............ . ........ 2-5 2.3 Shoulders............................................2-6 2.3.1 Limits of Friction Course on Shoulders ............... 2-7 2.3.2 Shoulder Warning Devices (Rumble Strips) ............ 2-7 2.4 Roadside Slopes.......................................2-8 2.5 Borders..............................................2-8 2.5 Grades .. ............................................ 2-g 2.7 Sight Distance .......................... .............. 2-10 Design Geometrics & criteria 2-i dD 4D • 0 Topic #625-000-OOLi Plans Preparation Manual - Metric 2.8 Curves ...................... ........... 2-14 2.8.1 Horizontal Curves ....... ................... 2.8.1.1 Supplemental Alignment Control (Mainline) .... 2-10 2.8.1.2 Supplemental Alignment Control (intersections) . 2-12 - 2.$.1.3 Roadway Transitions ................... . 2.8.2 Vertical Curves .................... I ............ 2-12 2.9 Superelevation.................... ......... .......... 2-13 2.10 Vertical Clearance .................... • . • ....... .....2-142-14 2.10.1 Vertical Clearance over Water .................. . 2.11 Horizontal Clearance ................................. .2-1E 2.12 Clear Zones ...... ....................... ...... ..... 2-17 2.13 intersections ........................ • ....... 2.13.1 Circular Intersections (Roundabouts) ............... 2-17 2.13.2 Queue Length for Unsignalized Intersections ........ 2-17 2-172-18 2.14 Interchanges ................................ 2.14.1 Limited Access Limits at Interchanges ............ ..,.... . 2.14.2 Median Openings at interchanges ............ . 2-18 ... .2-18 2.14.3 Ramp Widths ............................... . 2.15 Lighting Criteria......................................2-19 Introduction to Criteria Tables and Figures ...................... . 2-2a 2 -ii f]esign Geornetrics &Criteria 40 4W 6 Plans Preparation Manual - Metric 2.11 Horizontal Clearance Roadway horizontal clearances are contained in the criteria tables and figures. Horizontal Clearance applies to rural and urban highways with either flush shoulders or with curbs, Criteria Tables and Figures Crass Reference Table/Figure Number Title Page Table 2.11.1 Horizontal Clearance for Traffic Control Signs 2-60 Table 2.11.2 Hofizontal Clearance for light Poles 2-660 Table 2.11.3 Horizontal Clearance for Utility Poles, Fire Hydrants, Etc. 2-60 Table 2.11.4 Horizontal Clearance to Signal Poles and Controller Cabinets for Signals 2-61 Table 2.11.5 Horizontal Clearance to Trees 2-61 Table 2.11.16 Horizontal Clearance to Bridge Piers and Abutments 2-61 Table 2.11.7 Horizontal Clearance to Other Roadside Obstacles 2-61 Figure 2.11.1 Horizontal Clearance to Guardrail 2-62 For horizontal clearances where roadways overpass railroads refer to Chapter 6 of this manual. 2.12 Clear Zones Clear zone applies adjacent to traveled ways with flush shoulders. Clear zone does not apply when curb or curb and gutter is adjacent to the traveled way. Clear zones are contained in the criteria tables and figures. Criteria Tables and Figures Cross Reference Table/Figure Title Page Dumber Table 2.12.1 Clear Zone Widths 2-63 Table 2.12.2 Clear Zone Widths on Curved Alignments on Highways 2-64 with Flush Shoulders Design GeorneWcs & Criteria 2.16 +i 4& v' Plans Preparation Manual. Volume I - Metric Revised 7155 I f* 2.11 Horizontal Clearances Table 2.11.4 Horizontal Clearance to Signal Poles and Controller Cabinets for Signals Shall not be located in medians. Should be located as far from traffic lanes as practical. Placement within sidewalks shall be such that an unobstructed sidewalk width of 1.2 m or more (not including the width of curb) is provided. Table 2.11.5 - Horizontal Clearance to Trees Minimum Horizontal Clearance to trees where the diameter is or is expected to be greater than 100 mm measured 150 mm above the ground shall be: Flush Shoulders: Outside the clear zone Curb or Curb and Gutter. 1.2 in from face of outside curbs 1.8 m from edge of inside traffic lane where median curb is present Table 2.11.6 Horizontal Clearance to Bridge Piers and Abutments Minimum Horizontal Clearance to Bridge Piers and Abutments: Flush Shoulders: outside the clear zone Curb or Curia and Gutter. 4.9 m from the edge of the travel lane Table 2.11.7 Horizontal Clearance to Other Roadside Obstacles Minimum Horizontal Clearance to other roadside obstacles: Flush Shoulders: Outside the clear zone Curb or Curb and Gutter: 1 1.2 m back of face of curb. May be 0.8 m back of face of curb when all other alternatives are deemed impractical. _ _--] 2-G1 Ue—SIgn Geometrics & Criteria 40 40 i OF f-'opic#625-DD0-005 .'tarts Preparation Manual - Metric 2.12 Clear Zone -Table 2.12.1 Clear Zone Widths CLEAR ZONE 1NIDT" (METERS) <15D0 AADT � 1504 IIAD'i DESIGN _ TRAVEL LANES AUXILIARY LANES AUXILIARY LANES & SPEED TRAVEL LANES & & 54NGLE LANE kmlh & SINGLE LANE MULTI -LANE MULTI -LANE RAMPS RAMPS RAMPS RAMPS 3.0 a. - -ter �.rt 5.4 .2 70 6.0 4.2 74 7.2 4.0 5.0 .4-2 SD 7.2 4.2 7.2 4.2 90 9.0 5.4 9.0 5.4 11.D 7.2 > 90 Iles to highways with (tush shoutders of 1:4 or hatter. AAP Above clear zone widths are for side slopes only. May be in rural of urban locations. AAI7T=Mainline 20 years projected annual average daily traffic. va 'Irrident d'nit" ` " history inicates need, or where specific site investi ation sitiaws - outside of horizontal curves with hush shoulders in Where accident zone widths shall he adjusted on the potential, clear accordance with Table 2.12.2. w1riths are measured fro m the edge of the traveled way. — ar zone -.__--------------------------Ic - ex cs �- c CX--`----- •-- ca - - _- ..-- � .�� rw0 LAhF- TW0 WAY �=> MAUL ----------------- T 1-1-Ak"IE MEAS URMENT OF GLEAR 70NE Criteria 2-63 r 4/ 4 Q Topic #625-000-005 fl Plans Preparation Manual - Metric 2.12 CLEAR ZONE FABLE 2.12.2 Clear Zone Widths for Curved Alignments on Highways With. Flush Shoulders CLEAR ZONE OF CURVED ALIGNMENT (CZc }, METERS RA©lUS DESIGN SPEED (krnlh) (METERS) so 60 70 80 90 i00 iii Tangant 3.0 4.8 6.4 3.0 4.8 5.d 4.2 6.0 7.3 4.2 6A 7.3 4.2 5,4 7.3 9.6 5.4 7.3 9.0 i1.0 6.d 7.3 9 CZ 795.0 145.0 25.0 3.9 6,417.10 A Cr LoWed 6y Infe SW 75.0 3.9 ice/ of RC7eb CZ Exrensian 96.0 3.9 f5eU1 ---.^ 97.0 4.2 Ai �Z moo. ~Ci CX � ` - 0710 4.2 10 }� C 79.0 4.2 QeP, +-Y -'�+Z 7.0 4.5 �• C7t J Sefw CZ vorue rrcn ref's 232.+. // Srs9 2. In ie:fe above. ko=,C rte -Dtsi n Speed' and '1arse f- CZ w,rucs Irc: rct:. flit speed and CZ rctus from Step I. Sr.j, 1loxt,eawn tree f2;ius CVj,. A 10 the ecCus und!f W., ccfoss Mt eto adlurA fov"e t»der 5e3 2. to Ora freCZcrdue 2-664 Design Geornetrics & Criteria