Loading...
HomeMy WebLinkAbout1993 06 10 - Site Preparationt AIA bocurrrellf AIOf Standard Form of Agreement Between Owner and Contractor u)bew The bests of Peyrrferrf Is n sTIPULAm.9 suM 1987 EDITION 7.111,5 UOCUAIENr HAS IAIrowivr LEGAL CONSEQUENCES; CONSMATION WIT. AN A7T'ORNEY IS ENCOURAGED WITH RF.SI7ECr 7'O ►75 CUAIPLF.r10ar OR MUUiFdoPfed N. Vile 1�R7 F.diffon of AIA Vonmr¢nf A201, G¢tr¢rat CotrdfffonS of the C.onfract for Cdocti lielit f is ndnpf¢A br fids dnrurn¢ttf h3• reference. IM nor use ,Pith nlher genera, conditions rotleSs fills donunenf !s rnndlf!¢d. This drxamenl h2s been approved and endorsed by *tile Assrldatecl General contractors of America. AGREEMENT nlaLle as of the day of in the year of Nineteen Ilundred and BETWEEN the owner: city of 1225 MainStreetSebastian, Fl 32958 loll tilt t',rmlracttx: Fischer and Sons (A,,,,,,,, ,,,,,r ,,,r,A r«) P. O. Box 780068 Sebastian, F1 32978 •1.110 Project is: Site Preparation for Ballfield Four of the Barber Street Sports complex 'the Architect is: (ASnnr and addor,<) The owner and Contractor agree as set forth below. CnPjt1Rht 1915, 1919, 1925, 1937, 1951, 1958, 161, 199163, 1967, 1974, xla tl9l of®Ie ntae17 il 11 "ere"' of l%lbstanli I gtmlallon te.c15. 1735 New York Avenue, N.W., Washington, tit ns prnvl9ons a•Ilhoot written permisslnn of the AIA vlolates the coPTrlght laws of the Vnlltd Sates and a'lll he 5a ttt n — ltgal Prnannlnn. AIA DOCUMENT AM • 01 NEN CONTRACTOR AGPEEMF,NT • 1WELF111 F.OIIION • AIA' • 01907 A101-1987 1 111F. AMFPI(lAN INS7ITI ATF. t1F APCIIII K". 1 Tis NF,W YORK AVENOF.• N.W., WASIIIN(STr7N, mc. 2INW,, ARTICLE 1 THE CONTRACT DOCUMENTS I he Contract IMcnntents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, specifications, Addenda Issued prior to execution of this Agreement, other documents listed In this Agreement Old Modifications Issued after execution of this Agreement•, these form the contract, mid are as fully a part of the Contract as If attached to this Agreement or repeated herein. The Contract represents the entire and Integrated agreement between the parties hereto and supersedes pilot negotiations, represenutlors or agreements, either written or Dial. An enumeration of the Contract Documents, other than Modincatlons, appears In Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire work described In rte Contract Documents, except to the extent specifically Indicated In the Contract 0ocumenls to be the responslblllty of ethers, of ZS fellows: The contract documents include the latest revision dated 6-10-93 as prepared by the Engineer of Record, Mosby and Associates and the bid specifications and bid package as prepared by the City. Notice of Bids. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 the dale of connuencenlent Is the date from which the Contract lhne of Paragraph 3.2 Is measured, and 511a11 be the dale of this Agreement, as fi1sl written above, unless a different dale Is stated below or provision Is made for the date to he fixed Ina notice to prorced Issned by the Owner. nsrf r the date n/,•rmrnrm rnvn 1. If it dlJfrn from the fah, of /hit Aprrmrnf or, If appNr oldr. stale 1 11 rhe dnrr rrlll Ix ford In n n•atrr r" pnrrrrd ) within 14 days of approval by the Sebastian City Council Unless the dale of ctmm�leocemen Is esubllslled by a notice to proceed Issued by lite Owner, the Cmllractor shall notify lite Owner in writing not Icss than Ove days before commencing the work to permit the tmcly filing of mortgages, rllcchallic's fico and otitis sconfly Interests. , 3.2 'I he Contra, Inn shall achieve substantial Complelon of the entire Work not later than (rat",I th, n h ho d,Nr a, nurrrbe, of calendar dais •"/ter the doltM r"mmenr ement. Aho l,,.•erf nrrl' 1111011th nr, far tap llers,thtlmr hil Carnphylmr of crr ,a(rrp,nfhm,1111"lr;"itIt"a 'rated eftenberrI" the C11"nac)IA1,mte"o1 Notwithstanding any language herein to the contrary, "completion" shall mean a fully constructed improvement in complete comformance with the plans and specifications, ready for intended use without further expense to owner as determined by the City Engineer. sublrcl lu ad(usltnenls of dds Contract hole as provided In the Contlact "willilalts. Ilrnrrrprnrhhrnt. if Dirt'./r+r 11g11.(alyd dam„Rrt re/,r,fnR rn J0(h,,r m,arrgrrrle nn rhnef If one hundred (100%) percent of work is not completed within 45 calendar days after date of commencement ekcept as may be extended by the City Engineer in writing for good cause, tha the owner may deduct seventy-five dollars ($75.00) per calendar day as liquidated damages and not a penalty for each day spent to one hundred percen (100%) completion. This deduction will be taken from final payment due. AIA DOCUMENT A191 • owptli CON7 RAC/ OR A iRF.EMCIII • 75t'Et F 111 cut wit • AIA” • 01987 A01.1987 2 111P. AMERICAN INSI111112 OF ARC1117ECTS. 17.45 NEW YORK AV ENIFF. N W., WASIIINnTON. 1) C. 2111116 A.., IMtIc:LE � ' COWRACT SUM 4.1 1'be owner shall M the Contactor M current funds for the Contractor's performance of the Contract the Contract uin a' (! 112,500. ), subject to additions and deductions as provided In the Call - Tract t)xuments. towing alternates, If any, which are JescrllxJ h1 the Ctmlact ihxumenls an are 4.2 The Contract sum b based upon the fol hereby accepted by the owner: to IVIIIA IFhteT hKmrnlF,tnnnrF n f. F<AnI�nJ nn F�fFrrtnittrnnrn rFnu9tna be amm" 1 fart tml A "'d the date mrlll .+(,b flint mm�m r U I-n11A) r thr tnrut/un uJ 4.3 Unit priers, If any, ale as follows: As indicated in the bid documents. AIA DOCUMENT A101 r OT tJERCONTRA6TOR AGREEMENT t 1WEETIII F.01110N r AIA" t 101"7 A101.1987 3 TI IF. AMERICAN 1Ns11111TE OF AltCHITRCTS, 1735 NEW YORK AVENUE, N.1F., WAS111Na1r/N, n : NRMIrI ARTICLE 6 pnowEse PAYMENTS 5.1 Nased upon Applications for Payment submitted to the Architect by the Contractor and Cetilficates for Payment Issued by fire Architect, the owner shall make progress payments on account of the Contract Sum to the Contractor as Provided below and elsewhere In the Contract Documents. 5.2 1 -be period cov,:red by each Appllcatlon rot Payment shag be one calendar month ending on the Inst day of the month, or as follows: 1. pay request to be submitted to the Engineer of Record by the 25th of each month. 2. Final upon acceptance of improvements to the satisfaction of the City Engineer. 5.3 Provided an Appllcafimr fur Payment Is rectiday'by tire of2 month,thecownert nor ashall make1CF 111111 )paym nslo Ute Contractor not later thmr Twenty Fifth y the Tenth 10th day of the month. If an Appllcatlon for Payment Is received by the Architect ahcr file application elate fixed above, payment s11211 be made by the Owner not later than 10 days days after file Architect receives the Application lot Payment. 5.lKduL- of ed tile 111 2ccofd;ulcc with die c n tray fxxunhenis.11 Payment Schedule obe Values shbased all allocan the te the entire Contras Sura among the varioustportions of the Work and be prepared In such form and supported by such data to substamlale its accuracy as the Architect may recplire. i'hls Schedule, unless objected to by the Architect, shag be used as a basis for reviewing the Contractor's Application for Payment. 5.5 Applications for Payment shall Indicate the percentage of completion of each portion of the Work asof the end of the perlod covered by the Appllcntkn for Payment. 5.5 Subject to tire proerble s of the Contract Documents, the amount of each progress payment shall be computed as follows: 6.5.1 'I"ake that porton of the Contract Sum properly alkxable to completed Work as determined by multiplying the Percentage le eonglleton of caclh portion of the work by the shale of the total Contract sum allocated Io that portkn of the Wur perceIII lr t Schedule of Valucs, less retainage of Ten cost to the Owner of changes In the Work, amounts not In dispute maybe ( 10 9^)• Pending final oetcor inatlnn of Included as provided In SubParagraph 7"3.7 of the General Conditions even though the Contract Sum hu not yet been adjusted by Change Older; 5.6.2 Add tlut Punion of file Contract Sum pra(xdy allucabte u) n,atal.ds anJ cqulpnrcnt delivered mid suitably stated at fire site for subsequent Incorporation In the completed construction (or, If approved In advance by the Owner, sulUbly stoted off the site at a location agreed upon In wilting), less tetalnage of TED Percent ( 10 %6 , 5.5.3 Subtract file aggregate of previous payments made by the Owner; and 5.5.4 Subtract amounts, if any, for which the Architect has withheld or nullified a c cofficale for Payment as provided in Pan - graph 9.5 of the Cenral Condltlong. 5.7 the progress payment amount determined In accordance with Paragraph 5.6 shall be further modified under the following circumstances: yy 5.7.1 Add, upon Subsuntlal Completion of the Work, a sum sufficient to kxreze the ( m al payments Nine percent CIO l,fie Contract Sum, leas such annnunb as the Architect shag determine for Incomplete Work and unsettled clalnra; and 5.7.2 Add, If final completion of the Work h thrrcaficr ntatedlally delayed drruugh no fault of the Contractor, any additional annunts payable In accordance will, Subparagraph 9.10.3 of the General Conditions. 5.5 Roductint, it ihnlutlon of relalnage. If any, shall he u follows: (I/ 11 Il brlrnAtA, nrinr In Suhrinrlllo, enmfrlrllun,V Ibe entire tr'uri, fn r,diet, tar tinal We relnlrrnRr rel"111n8 j�rum 1W' l�rrtenlrrl■tnr Irarrtr11I11 Subpnrn Rrrydn f fi 1 ed. S rr 7 nbslebas e, and Ibit n nM eafrforined ersrufiere In The Cnnlrnrl fkn'nmarla. /rr:rrl Ar•rr 1"'n' """I Jnr nrrb rrv/la'Ifrm nr 11"111011018) AIApGCUMENT AIOt • O`11'NlRCONtKACTOR AGR!!MlNT • MIMI Ro11NtN •AIA" a 019!1 A101-1887 4 TIIE AMERICAN INSI11In E Of ARC.'""CTS, 1135 N!w YORK AVLNIIl, N.w., wAS111NOTl1N, nd:. 211491(l A. "'Moll ARTICLE e FINAL PAYMENT 10 lite C or he y lite Owner' tilerinni pay"nent c unlit til llytil erfogire rmed bytthe Contractor excebalancerpt rottireCnnt actorhall lie d's a sfxul 1 Illly to correct nuoco+dor onn� ly Wolk s Provided In Subparagraph 12.2.2 of the General Conditions and to satisfy oilier requirements. If any, %evil Shall necessarily the Oe nn3Inef Ntymnra,and tlun`i) final days Certificate fic tlssuarlce n 11 erot P3ymcnI ltArcas h t cten ss Mal Certificate ined by tire tfor tPaym uchntarn snfollow : be made by Additionally, completion per 3.2 and delivery to owner uired of a Contractor's Final Affidavit per F.S. 7.3 shall be req prior to final payment. ARTICLE 7 MISCELLANEOUS PROVISIONS tract r Con 7.1 where reference refers to tent Is made In this A r ed e t 10 2 erred by other provisions of the Contracnditions of t DocumetNgetekxumenr, tile ref place Jllicill x 21 tile � stated bdoa, or In 7.2 pa isduean unpaid rIle ont allbeat Inlacit from tilets located the ablenee the rnepreva from time m the ahateuehe Pru� (hNpl rnfe of Inferrfl apred nprm, V any ) Per relevent State Laws the hnapun,y N•e fn Jral r,nrl rbanhrn nr,n •gfrrfl/rr nlNAil)arJ lhls(rnlddmr Irxnl ndrlre slxndd hr ahfnhn•A (l9n[I' Inn•a n,rA rrgrdl tmrnb mldn the f tdanl 1 rufh In Lr nJrrB Ir 1, aindln, sntr r rrf LIIn nI. url<umer orAll Inuv mid other reRldnflnrq al Ibe rhrnp s nn. I""rjacsnr's its Im Ipal pima of woless. nrldnlsnr IN, regtictrmrnH nub nc err urn rfHalmums nrCfl8f1)e Orders must be uilh res(wrf In drksl,rns or m-Ifflcnllnns' rRr All requests t S f Or g Change Orders: q extra work 7.9 other provisions: contractor to owner before any presented in writing by a for same. is done or the owner is not obligated to pay ARTICLE TERMINATION OR SUSPENSION ly le Own" Of the actor :Is 9.2 the Wont mays Is' tcoolumed suspended byltl elOaner as Provided lInri til MNde 14 ld tilerArticle ( lit icrlcralC111BIhIOt1Sc (iCI1CIt1I CUI1tIIlIn115, AIA ocUMENT11^wIIn F.TIFAR or.otitEr:TT.5.1ON 1)ss G" l KAENT/vENI P'N.a.Fa 151 INUi1/N I1 CR2"(' A101-1997 S ^' MTKU i •• ENUMERATION OF CONTRACT DOCUMEh IIS 9.1 lite Contract nocuments, except For Modifications Issued after exectitkm of this Agreement, are enumerated as follows: 9.1.1 lite Agreement Is this executed Standard form of Agreement Between Owner and Contractor, AIA Ikrcumcnt A101, 1987 Edition. 9.1.2 '1lie (:cnrlal CondNknts are the (lcneral Condklons of tile Contract for Construction, AIA Document A2111, 1987 Edition. 9. 1.3 the Snppicnlcntary and other Conditions of the e as fnllose contained In the project Manual dated and ar I)ocnment 7'Itle Pages 7'I1e contract documents include site plan with the latest revision dated 6-10-93 as prepared by the Engineer of Record, Mosby and Associates and the bid specifications and package as prepared by the City. Notice of Bids. 9.1.4 the Specifications ale those contained In the. project Manual dated as In Sul)palaglaph 9.1 j, and ale as follows: lF.11lh•r IPI 11rr SJrry Iff„tl(n,lt herr n, refer In an rahthll Otto, hrd fn Ihl,Thleruenl.) page, Section Sheet 2 of 16 Sheet 3 of 16 Sheet 6 of 16 Sheet 8 of 16 Sheet 9 of 16 Sheet 10 of 16 Sheet 11 of 16 AIA DOCUMENT AM a OWNEIICONIMCT011 AGREEMENT • TWEI.fTII EDITION a AIA' a 91987 A101-1987 8 111r. AtIFPll'.Ali MSI In" E OT ARCIIITE.CTS, 175511EW YORK AVENDE,N.W WASOING1011,D.C. 21XW' 9.1.5 'f he brawings are as follnwr ^I are dared (EIOrr. 110 0" nr�rr prar herr nr rr�w ra arr e.•hlhll allnrhrd to hh ^arl Irle I""") Number BSSC Ballfield No 04 Sheet 2 of 16 revised Sheet 3 of 16 Fevised Sheet 6 of 16 revised Sheet 8 of 16 revised Sheet 9 of 16 revised Sheet 10 of 16 revise Street 11 of 16 revise 9. 1.6 '1 he Addenda. If any, are v fllllnwS: Numbct None 6-10-93 6-10-93 6-10-93 6-10-93 6-10-93 d 6-10-93 d 6-10-93 Dale Von'm a different (isle Is shown blow: Dale PagcS porllons of A(idcnth relating a) bidding rectulmnlents are not part of the E O"Ita(t ",cuolents unless rile "t"1119 lcgNlt cnvnt5 arc also enunleraled In Ihh Article 9. ---� _— AIA ppCpR1ENT A10t • Ga'NER(A)t(1MCTGR AGREEMENT • TWLIF1YIIr F.WA. iONCH)N D.CRNMMK A101-1987 7 TI IF AFIFRICAn INS 111111E Or ARCIIITE.CTS, 1755 NEW YORK AYFNOF., N .e, 9.1.7 other documents, If forming part of the Contract Documents are lows: (1./rt bene any additional dacamenn o blob are Intended to fora, part of The (.n"~ Documents. 7be General Conditions provide ftr bidding requlrenrenrs such m arim,11sement or inalration ta bid, Instructions to Oidde, sample fa mr and The Contractor i bid are not part of the Contract Document., urAess ermnre,ated in this Agrrement. Diet' sbould be listed ben only If Intended to be part of the Contract Documents.) None This Agreement is entered Into as of the day and year nrsl written above and is executed In at least three original copies of which one is to he delivered to the Contractor, one to the Architect for use In the administration of the Contract, and the remainder to the Owner. OWNER ({igrrrtlure) L nie Powell, Mayor (14iuted .,.,arae and title) CON'T'RA R Igrrnnnr) , %� A Fy.eAer VP (printed 6one and title) AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT a TWEI.FTII EDITION a AIA" a ®1907 A101-1987 8 TI IF. AAIF.RICAN INSTIT E OF ARCHITE�MzMdc-� NEW YORK AVENUE., N.W., WASHINGTON, D.C. 20 ATTEST. Approved as to fo and Content: Cit Clerk Charles I. Nash, City Attorney 9.8 The Contractor shill review, approve and submit to the Architect Shop Drawings, Product , Samples and similar submittals required by the Contract voeuments with reason- able promptness. The Work shall be In accordance with approved submllerls. When professlonal certlnc2don of Per- formance criteria of materials, systems or equipment b required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such certifications. 9.9 The Contractor shall keep ire premises and surrounding area free from accumulation of waste materials or rubblsh caused by operations under the Contracit At completion of the Work the Contractor shill remove frmn and about the Pgolect waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 9.10 The Contractor shall provide the Owner and Architect access to the Work In prcparatlon and progress wherever located. 9.11 The Contractor shall pay 211 royalties and license fees; shall defend sults or claims for Infringement of patent fights and shall hold file Owner harmless from toss on account thereof, but shall not he responsible for such defense or loss when a particular design, process or product of a Pafrlcular marlufJe- nhrer or m3luh6crurers is required by the Contract Documents unless the Contractor has reason to believe that there is an Infringement of patent. 9.12 To the fullest ext_nt rtnihied by law, the Contactor shall Indemnify and bold harmless the Owner, Architect, Archb tecl's consultants, and agents and employees of any of than from and against claims, damages, losses and expenses, Includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense Is amribuable to bodily Injury, sickness, dtscue or death, or to Injury to or destruction of tangible prop- erty (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused In whole or In put by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or Indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, fuss or expense is caused In part by a party Indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of Idemnity which would otherwise exist as to a party or person described In this Paragraph 9.12. 9.12.1 In claims 2galnst any person or entity Indemnified under this Paragraph 9.12 by an emplojee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the Indemnlnca- tlon obligation under this Paragraph 9.12 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subeomractor under workers* or workmen's compensation acts, dlsabilky benefit acts or other employee benefit acts. ARTICLE 10 ADMIM MION OF THE CONTRACT h and will be the Owner's reptesenatve 11SLuln nstrucdun, (2) until Mal payment Is du r n the Owner's concur. rence,from h��/gigrth C uringtheeurrectonperioddescribed 10.2 The R+e-Triieet 111 wish the site -at Intervals appropriate to the stage of construction to become generally familiar with file progress and quality of the completed Work and to determine In general If the Work Is being performed in a maturer Indlol Ing that the Work, when completed, will bin ac rylance Will) the Contract Documents. Ilowecer, the It nor be required to make exhaustive or continuous on Inspections to check quality or quantity of the Wo�% Ont b 'Is is +Eu� site observations u-en-are6hee►, fix .-owmw informed of progress of he Work and will endcavmr to guard dre-Owner against defects and deficiencies In the Work. 9.12 shall not extend to the liability of tire Archltt5�Afcm tect's consultants, and agents�utjOf ("any of than arising out of (1) the preparatioaps, drawings, opinions, reports, surveys, Construction Change Directives, deli specifications, or (2) the giving of or the (allure to tectons or Instructions by the Archliect, the Archit ' consultants, and agents and employees of any of tine uvlded such giving or (allure to give Is the primary will not be responsible for construction means, n55!110,15, teen nlques, sequences or procedures, or for sa ecautions and programs In connection with it ' Since these are solely the Contractor's ' onsasm tesp pvldcd in Paragraphs 9.1 and 16.1. The A!rbttcef will not be responsible for the ConlrJC- tot's fail carry out the Work in accordance with the Con - 119.4 filed the Contractor's Applications f ' le Architect Will review and nlmnts due Zile Conlrjcttu` Jud will Ing 7erfurmance under and requirements of the Contra' ucu- ments on written request of either the Owner ontcrclur. The Architect will make initial decisions o claims, disputes or other matters in question hetwccn Owner :and Contrac- tor, but will not he liable for 1pArs of any Interpretations or decision, rendered In gas th. The Architect's decisions bra matters relating to 2gkInc effect will be final if consistent Willi the Intent expt in the Contract Documents. All other decl- sions of 1 rddtecl, except those which have been waived by ng or acceptance of final payment, shall be subject to 10.8 The Architect will have authority to reject Work which does not conform to the Contract Documents. 10.7 The Architect will review 2nd aPProve or take other 2pproptiate action upon the Comractor's submittals such :is Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance will, infunnatinn given and the design concept expressed in the Contract Documents. II clalms or dlsputts between Ilse C Muactor and Owner hg tau tar relating to the CunuJct, or xcxln thereof, shall guided by arbllalhnl It ('Atlee tt'116 the (.mlSlfu(tilln IIl(loSlr Oulu us of the Aloctican .Alli O21lon Association curie free, unless the partes mutu ally agree otherwise • sublect tn • far prescnadun of the claim or disp til lilt Afcilllect aT,requir under Paagrlph 111.5. Not of file demand fur arbitlaton sha 'filed in writ - Ing w the other party to this Agteelllalt Gild wit It Anlct- c• ArhlOaton Assoclatlun and sha11 he made w'hhh, J •• In able time after the dispute has ulscn. The award rcndcrc AUIIREVIATEOO¢'NER-([ONIRACtl)x A(1REEAIENI NINIJIU)Il ION•AIV •tWN, ME AMERICAN INSTITIITE OF ARCIIIIECTS, 1131 NEW YORK AVF.NOE, NA'., `aAMIMMOS, OC !Ixxxl ..,�u, aIII I i,yntcut mayu rr led upon It In accordance with applicable law In any r( hav urfsdlction thereof. Except ^wrluen corse the person entity sough to be )olne�. J a,, loado slog out of or relaU11 to the Contract Documents shag ude, by con- solldatlon, join r or In any other manner, person or entity not a party to tit Agreement under of ch such arbitration arises, unless It is sh n at the time tdemand for arbluntion Is Ned that (1) such per n or entit substantially Involved In a common question of Fac r 1 ' , (2) the presence of such per- son or entity is required If lete relief Is to be accorded In the carburation, (3) the crest o esponsiblllty of such person or entity N the mat r Is not Insub dal, and (4) such person or entity Is n the Architect or of the Architect's employee, 'consultants. The agreeme tereln among the parties a Agreement and any other writ agreement to atbl a referred to herein shag be speelncag enforceable er applicable law In any court having jurlsdlctio hereof. ARTICLE 11 SUBCONTRACTS contract with the Contractor to perform a portion of tine at the site. 11Zkn 2 Unless otherwise stated In the Contract Docu nts or the bg requirements, the Conuactor, as Soo practicable aaward of the Contract, shall furnish welting to the Or through the Architect the names the Subcontractors feach of the principal pardons of oro. The Contractor sot contract with any Subcon clot to whom the Owner ochhect hu made reasorta and timely objection. The Cactor shall not be req ed to contract with anyone to wthe Contractor h made reasomhle abjection. Comtbetween the C tractor and Subcontractors shall (1) rre each Subco clot, to the extent of the Work to be prmed by Ih ubcontnctor, to be bound to the Comnc- ty the tc sof the Contract Documents, and to assume td tit ontnctur all the obligations and responsibilities wContractor, by the Contract Documents, assumes tthe Owner and Architect, and Q) allow to the Subcon. tr the benefit of alt rights, remedies and redress afforded to ARTICLE 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS operidolu related to the Project with the Owner's ow v and to award separate conincts In connectlon other par. tions of the Project or other construc110 perations clothe site under condition of the cont emlcal or substantially slmgar to these, htcludln a portions related to Insurance and waiver of subr n. If the Contractor claims that delay or addltlon Is Involved because of such action by the Ow9g,ttre Conrnctor sluff make such claim as provided else. tf-i--Ttm-Corm melon reasomble opportunity for the Intro and star age of their materials and equl cot performance or ItheIf activities, and shall and coordinate the Contractor's coruttvct tr operations with theles a1 required by the Can— I-1- .1 A.osts caused by delays, Imptoixrly uuhcd aalvlucs tat defective eonstrus,(lon shall be borne by the party responsible therefor. ARTICLE 13 CHANGES IN THE WORK 13.1 The Owner, without Invalldadng the Contact, nlav order changes In the Work consisting of additions, deletions or mndb Fieations, the Contract Sum and Contract Time being adjusted accordingly. Such changes In the Work shall be 3udturizcd by written Change Order signed by the Owner, Contractor and Architect, or by written Construction Change Directive signed by the Owner and Architect. 13.2 The Contract Sum and Contract Time shall be changed only by Change Order. 13.3 The cost or credit to the Owner from a change fn the Work shall be determined by mutual agreement. ARTICLE 14 TIME 14.1 Time limits stated In the Contract Documents are of the essence of the Contract. fly executing the Agreement the Can. 1r2clOr confirms that the Contract Time Is a teasumble period for performing the Work. 14 2 The-dal"t4ul t• t r pilo t 1 1 rin .l b-rThe-Afeldreet In-seserdow4-wkh-pur-limpltil;;. , 14.3 If tits Contractor Is delayed at any time In progress of the Work by changes ordered In the Work, by labor disputes, Fire, unusual delay fn deliveries, abnormal adverse weather cundl. dons not reasonably alulcipmable, un3vuldable ca;ualtics or any causes beyond the Contractor's control, or by other causes which the Architect determines may justify delay, then the Conflict Time shall he extended by Chomge Order for Stith na- sone I tone as the Architect P a detenni he. Contractor ShJgjv�y owner wrA�aY�en gogleYopr a�l� such dconryacttfor sevenTICLE15 theadyelay se PAYMENTS AND COMPLETION 15.1 Payments shall be made as provided In Articles I and 5 of this Agreement. 15.2 Payments may be withheld on account of f;*d rtcdve Work not remedied, failure of the Contractor to make payments properly to Subcontnc tors or for labor, materials or equipment, (My-teasmonW-evf• dcThcc-tharthc-vPerk-cannot fit, dan»ge to the Cana or munhrr contraclor, fne"Veoid-n ages'ferrhtanlkipaeed-delay-urf7jpershtent (allure to carry out the Work in accordance with the Contract Documents. 1i.9—VtgterFrheAse#dreet agrees text the -Werk -IS 64,1 uWlt. cum plctertha.Aschhset--wlU-lrsu�-p_�rtffiwr a -u F-t:uhstanHal. CocihpihEllee, , 15.4 final payment shall nut b�ho ne due until the Cuntuctur has delivered to the Owner a complete release of all liens uri,ing out or ads Contract or rrcell;6 In full covering all lahur, note. rials and equipment rnr whiclh alien could be filed, of a Ixhnd aatlshclory N) the Owner to Indemnify the Owner against such AIIDREVIATEnowNER CONTMCTORAGREEMENT• NINTiI EDITION• AIA• •017x) THE AMERICAN INSTITUTE OF ARCHITECTS, ITIS HEW YORK AVENUE, N.W., WA5111NGTON, O.C. 2INX4 10 lien. tr such Ben remains unsmisnedmger payments are made, the Contractor shall refund to the net all money that the Owner may be compelled to pay In dischmging such lien, Including all costs and teasonable attorneys' fees. claims by the Owner e.cept those mbing from: Bens, claims, security Interests or encu en orb• Ing out of the Contract and unseal .2 f28ure or the Work to comp) the requirements of the Contract Documen , or .3 remits of special war les required by the Contract Documents. Acceptance of fin 2yment by the Contractor, a Subcontrac- tor or mater ppller shall constitute a waiver of claims by that pay ceps those previously made In writing and Idend- Bed hat payee as unsettled at the tkne of Mal Application ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY 16.1 The Contractor shall be responsible for Intuiting, miln- ralning, and supervising all safety precautions and programs In connection with the performance of the Conflict. The Con• tractor shall take teasonable precautions for safety of, and shall provide reasonable protection to prevent damage, Injury or loss to: 1 employees on the Work and other persons who may be affected :hereby; .2 the Work and materials and equipment to be Incou potted therein; and .3 other property at the site or adjacent thereto. The Contractor shall give notices and comply with 2ppllcable laws, ordlnmces, rules, regulations mad lawful orders of public authorities bearing on safely of persons and property and their protection from d2m3ge, Injury or loss. The Contractor shill promptly remedy d2mage and loss to property at the site caused In whole or In part by the Contractor, a Subcontractor, 2 Sub -subcontractor, or anyone directly or Indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor b responsible under Subpara- graphs 16;17'2 and 16.1.3, except fat damage or loss attributable to acts or omissions of the Oo7ner or Architect or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contracior. The foregoing obliga• dote of the Contractor are In addition to the Contractor's obll- gmlons under Paragraph 9.12. 16.2 The Contractor shall not be required to perfonn without consent any Work telaling to asbestos or polychlorinated biphenyl (PCB). ARTICLE 17 INSURANCE Itself, to ptopc^vvhIch may arise out of or result from the Contractor's o dons under the Contract, whether such operations be by rhe Contractor or by 2 Subcontractor or any one directly or Indirectly employed by any of them. This Insur- ance shall be written fat not less than limits of liability specified In the Contract Documents or required by law, whichever coverage Is greater, and shall Include contractual liability Insur- ance applicable to rise Contractor's obligations under Paragraph A9.jj,_[ae' ales of such Insurance shall be filed with the i m the commencemerg of the Work. 17.2 The Owner shall be responsible for purchwing and main. Wiling the Ownei s usual liability Insurance. Optionally, the Owner may purchase and maintain other Insurance for self- protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional owner's Ilahlllry Insurance unless specifically required by the Contract Documents. cion aebor 17.3 Unless otherwise provided, the shall purchase and maintain. In a company or companies lawfully authorized to do business In the jurisdiction in which the Project Is located, property Insurance upon the entire Work at the site to the felt Insurable value thereof. This Insurance shall be on an ill - risk policy form and shall Include Interests of the Owner, Ilse Contractor, Subcontractors and Sub -subcontractors in the Work and shall Insure against the perils of lire mid extended coverage and physical loss or damage Including, without dupli- cation of coverage, theft; vandillsm and malicious mischief. 17.4 A loss Insured under Owner's property Insurance shall be adjusted with the Owner and made payable to the Owner as Fiduciary for the Insureds, as their Interests may appear, subject to the requirements of any applicable mortgagee clause. 17.5 The Owner shall file a copy of each pOlicy with the Con• tractor before an exposure to toss may occur. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 38 days' prlor written notice has been given to the Contractor. 17.6 The Owner and Contractor waive 211 rights against each other and the Architect, Architect's consultants, separate Con- tractors described In Article 12, If any, mid any of their subcon. tractors, sub-subcolnracmrs, agents and employees, for dam• ages caused by fire or other perils to the extent covered by property Insurance obtained pursuant to this Article 17 or any other property Insurance applicable to the Work, except such rights as they may have to the proceeds of such Insurance held by the Owner as fiduciary. The Contractor shall require similar waivers In favor of file Owner and the Contractor by Subcon- tractors and Sub -subcontractors. The Owner shall require shot. far waivers In favor of the Owner and Contractor by the Archi- tect. Architect's consultants, separate contracmts described In Article 12, if any, and the subcontractors, sub-subconfracfots. agents and employees of any of them. 17.1 The Contractor shall purchase from and maintain In a company or eomp2nle3 lawfully authorized to do business In the jurisdiction In which the Project Is located Insurance rot protection from claims under workers' or workmen's compen- satlon acts and other employee benefit acts which are appllc- able, claims for damages because of bodfly Injury, Including death, and from claims for damages. other than to the Work ARTICLE 16 CORRECTION OF WORK 16.1 The Contractor shall promptly correct Work-rejeered-brr the -Architect or falling to conform to the requirements of the Contract Documents, whether observed before or after Sub- stantial Completion and whether or not bbrlcated. Installed or completed, and shall correct any Work found to be not In accordance with the requirements of the Contract Documents within 2 period of one year from the date of Subs,..I.r Colo. ABBREVIATED OWNER CONTRACTOR AGREEAIEHT• NINTII EDITION• AIA r -119117 t/IF. ArtFRIrAN INSTITUTE Or ARCINIECTS. 1755 NEW YORK AVENUE, H.W. WASIIINGION. fit: . IINN16 11 plcdon of lite Contract or by terms of2n applicable special war• tansy Iequlied by the Contacl Doc nu. The provblonl of this Ankle 10 apply 10 aln1, . he Contractor.tol9 Ne, M to Work done byemployees 19.2 Nothing contained In this Article 10 shall be construed to esubthh 2 period of Ilmiutfon with respect to other obligations which he Contractor might have under the Contr2d DOM menu. Esubllshment of the time period of one Yost as described In Faragraph 10.1 relates only to be specific obligr lion of the Contactor to correct the Walk, and has no 0:311011- ship :3110mslip to the little within which the obli88adon to comply with the Conooct Documatu may be snught ib be enforced, nor to the lime within which proceedings may be commenced to estab- lish the Conlractor's Ilablllty with respect to the Contractor'/ obllgmlons 011ier Thar, specifically to correct the Work. ARTICLE 19 MISCELLANEOUS PROVISIONS 19.1 lire Contract shall be governed by the law or he place where the FIOJccl Is located. 19.2 As between lite Owner and the CorOaUor, any appil- cable statute of Ilrniutlons shag commence Io nm and any alleged nose of action than be deemed to have accrued: A not liter tlnn the dale of Substantial Completion for act, of f2lturcl 10 act occurrlog pilot to the relevant date Of Suhst2m121 Completion; ,2 no later tltarl the date of hsuance of the final Certln cite for payment for ecu or raliures to act occurring subsequent to the rclev2nt date of Substantial COm- pictlon and pilar to Issuance of he final CertiOcate for Fayrncnt; and ,11 not Incl than the dale or the relevant act os fanwe to act by lite Contoctot for acts or failures to aU occur ring ahcr lite d2fe of the 0,121 Carinate for Payment. Alit ICLE 20 TpRfr,...AT10N OF tNE CONTRACT 20.1 little of So days througiect 1211510 h no fault f site conu� lor,toftrut �t he Owner tans to nuke payment thereon for a period of 30 days, lire Con 113cmr may. upon seven additiowl days' wrbren nuflce Io lire Ownet and lite Architect, lennloate the Conflict and recover frog" the Owner Payment for 211 Work executed and fur Prove" loss with respect to materlill equipment, fools, and cunsintc lion equipment and machinery. Including reasonable overhnd, plant and d2rn2gcs applicable to lite Prolect. 20.2 it lire Contractor defaults or persistently falls or neglects to carry out the Work In accordance With the Contract 0001 menu of falls to petfarm a provision of the Contract, lire Wwner ' Art seven days' written notice 10ithout prejudice to any other remedy lite lowner tmay have, may make good such deficiencies and may deduct lire cost utarav . a an expenses made necessary thereby, Iron the paYute wncr!s or thereafter due he Contactor. Allemmh•cly, 311 Option and upon cettlncatlon by the Atchlf at sufnclent cause exists 10 justify such action, the Ow may termhute the Conflict and like possession of tit a and of all matcdal$, equlpment, tool$, slid construe equlpment and mxhlncry lheuon owned by lite Co tot and Oily finish lite Wrsrk by Whatever method tl wort may deem expealem. a lite unpaid balance o e COr111act Sum exceeds costs or nnishing fit, `.Ehnk, I s Ing compensation for file Architect's senkcs and ex ses nude necessary thereby. such excess shall be 0 o file Conrr2Uor, but If such cults exceed such unpaid fran Ute payment then or thereafter due Ute Contractor, or if Use failure of Contractor Involves items Cos L ive tractorfthl.rtyiaig (30)alid daysabor for written noticelcil exceed to cure $1,000.00, owner may 9 aril if tt�t so cured witliin that timer Owner may tetml.rtate osis contract inarrxi is to l y . - E!lltivtalEDo'oNIItCONTMCTUg x611t[MEt1f•MNttl llNtlON•AtA• •vl7er 12 711E AMERICAN I"Inu TE or AaCtllitcTs, 1111 Nlte Y0111t aVlNlle, Nom, O'ASIIIIrG10N, n C EptIIG ATTTICi E 21 -')TNETT CONDITIONS On PROVISIONSeN The venue for any action brought to interupt or enforce the Agreement, or any action arising out of the provisions of the Agreement shall be brought in the appropriate state court having jurisdiction located in Indian River County, Florida This Agreement entered Into u of the day and ycar first written above. OWNER (stralum) Lon ' e Powell-,- Mayor (Printed "arnr and title) CONTRACTOR Slgrlalure) _lv-'h!4 A,Et—scg� r VI' (Rimed rtamr and title) %TED OWNER- CONTRACTOR AGREEMENT- M1141 11 EDITION• ALV •-bl'W ARCHITECTS, ITIS NEW YORK AVEMI , NVP, WAMIINGTON, Ur:. 21.09, Approved AS to Fo and Content 13 A-'' Charles I. Nash, City Attorney �I,Ultle aunt Ct•Iu•.W•uu�. �.'.u..,. cL.., FLURIIIA MI STAS• ON PURIAC ENTITI" CRIMES I HIS FORM MUST Ur_ SIGNED IN THE PRESENCE OF A N(..ARI' PURt_1C OR OTHER orrICER AU'IHORIZFD TO ADMINISTER OATHS. ibis sworn statement Is submitted with Bid, Proposal or Contract No. for 2. Tb Ls sworn statement Is submitted by , iname of entity submitting sworn statement whose business address Is (If applicable) Its Federal Employer Identification Number (FEIN) is (if the entity has no FEIN, Include the Social Security Number of the Individual signing this sworn statement: 3. My name Is �and my relationship to the IPe print name of Individual signing] entity named above Is 4. I understand that a 'public entity crime' as defined In Paragraph 287.133(1)0), Lilla�l�l. mean, a violation of any lute or federal law by a person with respect to and directly related to the transaction of buittim with any pvbUc estiry of with an agency or political subdivision or IaE other state or with the United Staten, Including, but not limited to, any bid of contract for goods or services to be provided to any publle entity of an agency or political nubdlvhlon of any other sate or of the United States and inwlving antitrust, fraud, theft, bribery, 0011021011,. racketeering, conspiracy, or material m1areprde11ation. _. __- . - S. 1 understand that 'conrkted• of'eonvIction' M defined in Paragraph 287.133(t)(b) $gM Statri means a finding of guilt or a conviction of a public endty crime, with or without ars adjudication of gufit, to any federal or ante trW eoatt of reoord reiadng to charges brought bf Indictment or Information after July 1, IM, as a result of a Dory verdict, nonlmy vial, of entry or a plea of ganty or nolo contendere. y 6- 1 undersand that an 'alRiLte' as defined In Paragraph 287.133(1)(a), poddiii-Slithilft Mew": I_ A predecessor or successor of A person convicted of a public entity crime: or 2- An entity under the control of any natural person who Is active In the management of the entity and who hats been convicted of it public entity crime. The term 'Ifdliate' Include, thou officers, directors, executives, patiners, sherrholders, employees, members, and egersis who are ANve In the management of an affiliate. The ownership by one person of share! const [ming a controlling interest In another person, of a pooling of equipment of income among persons when not for hit market value under an arm's length agreement, shall be a prima lade ase that one person controls another person- A person who knowingly tate" Into a Joint ve11ture with a n who has been convinced of a public entity crime In Fulda dining the preceding 36 months shall be considered an afftltate- 7. 1 understand that a 'person' as defined In Paragraph 287.133(1)(e), Florida Satatesmeans any natural person or entity organized under the law•" of any sate or of the United States with the legal paver to enter Into a binding contract and which bids ora p11es to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or app11es to transact business with a public entity. The term 'person' Incudes those ofllats, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 9. Based on Information and belief, the statement which I have matked below Is true In relation to the entity submitting this sworn statement_ [Please Indicate wh" statement applies.] direct Neither t. entity submitting this sworn statement, any officers. gemeors, the partners, shareholders, employees, members. or agents who ` active In management of the entity, nor any affiliate of the entity have been charged with and convicted of man: publle entity crime subsequent to July 1, 1989. directors, The entity submitting this sworn statmemme�rs or agents who feOne 01 more ta theofficers, inmanagementof execudva, partners, shueholde», employees, the entity, or an affiliate of the entity � eel rrrhlcb additional asst mk chaged With and convictedoent applies.) dty me subsequent to July 1, 1989, AND [Pl There has been a proceeding concerning the coovlctloe Wore a hearing ed by e the§iate of Florida, Division of Administrative Hearings. The AnaI order entered by the hearing otfloer did not place the person or affiliate on the convicted vendor 1131. [Please spach a copy of the final order.] as The person or sMIIste was placed on the convicted vendor list rids,TherDivision isioonn°Of subsequent proceeding before a beating officer of the State of Florida Administrative ctMtngs The final order entered by the heating officer determined that It was in the public Interest to remove the person or affi11ate from the convicted vendor list- WAS ■ttacb a onP7 of the final order.l The person or &M11110 has not been placed on be scot vi Gemmel o9er.icea 11.1 )please desa'ibe any action lateen by or Pending with the Depart (stgnatort) SPATE OF COUNTY OF _ PERSONALLY APPEARED BEFORE ME. the undersigned anthorlry, who, after Asst being srrorn by me, off" Ile' signature (named IndiyldnA slgningl In the space provided above on this day of 19 NOTARY PUB1.1C µy commission erpira: Form FUR 7068 (Rev. 1189) SECTION 02060 - BUILDING DEMOLITION Extent of building demolition wto contracis shown on drawings be d de anscribed as follows. existing 2 -story responsible to demolish and remove the ng existing water line concession stand. He shall disconnect the ex Themethe xistbnglaulvarti&remove headwallsvice shalline be removed.ck to thAll eter. material shall be disposed in a legal manner. The owner shall be respo nibble tohave the electrical service disconnected Prior Demolition includes complete wrecking of structures and removal and disposal of demolished materials. Condition of Structures: Owner assumes no responsibility for actual condition of structures to be demolished. Conditions existing at time of inspection insofafor asbidding purposes will H maintained by owner practicable. However, variations within structure priory to occur by Owner's removal and salvage operations p start of demolition work. The owner may elect to remove & salvage the existing fencing including the ownerll ashall be gate's and etc. osedm's not salvaged by the contractor• removed and dip Partial Removal: Items of salvageable value to Trensportr may be removed from structure as work progresses. salvaged items from site as they are removed. Storage or sale of removed items on site will not be permitted. Traffic: Conduct demolition operations and retreets�fwalks, is to ensure minimuminterferencesusedhfaoiaities. and other adjacentoccupied or Do not close or obstruct street, walks, or other used facilities without permission from the City. Dames: Promptly repair damages caused to adjacent facilities by demolition operations at no cost to owner. Utilit_Services: Maintain existing utilities indicated to keep in service, and protect against damage during remain, demolition operations. Disconnect andato start iof demolitiones serving work. to be demolished, prior n„ilding Demolition: Demolish building completely and lete remove from site. Use such pVeiningas required regulations. comp work within limitations of 9 Proceed with demolition in a systematic manner, from top of structure to ground. Complete demolition work above each floor or tier before disturbing supporting members on lower levels- Below -Grade Construction: Demolish and remove below -grade construction and concrete slabs or footings on or below grade. Fillin�yoida: Completely fill below final grade areas and voids resulting from demolition of structures. consisting use satisfactory soil materials ng of stone, gravel, and sand, free from debris, trash, frozen materials, roots and other organic matter* fill materials, ensure that areas to be Prior to placement of filled are free of standing water, frost, frozen material, trash and debris. ers not Place fill materials in horizontal18Y moistur ateiconng tentn loose depth. Compact each lay of fill material to a density equal to original adjacent ground, unless subsequent excavation for new work is required. compaction, grade surface to meet After fill placement and provide flow to surface drainage adjacent contours and to structures. is, rubbish, Diosal: Remove from site all on operation and dispose d other spdispose in materials resulting from demolition op legal manner. ials from demolished structures will Burning of removed mater not be permitted on site. Ai-. SECTION 02200 - EARTHWORK PART 1 - GENERAL SCOPE OF WORK: Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division -1 Specification sections, apply to work of this section. The extent of the work is indicated on the drawings and shall include all material and labor with proper supervision for site preparation consisting of the following: Clearing and Grubbing Site Grading, excavation and Filling Strip and Stockpile Aggregate Parking Lot Subgrade Preparation for pavements Strip & Stockpile - Clay Infield The contractor shall be responsible to strip the clay infield and stockpile on site at the location determined by the owner's representative. He shall strip existing vegetation including the grass outfield and 20 ft beyond the proposed fence line unless otherwise directed. The striped material shall be hauled by the contractor to designated areas within a 2 mi radius of the excavation. The primary location considered shall be Tracts A & B of Unit 11 at Periwinkle and Caravan Terrace. The contractor shall use aggregate from the existing parking lot adjacent to the concession stand. This material shall be used to stabilize the subgrade for the new parking lot. Following stripping operation the contractor shall have applied an acceptable herbicide to insure vegetation control, to protect weeds or other obnoxious plant material from invading new sod. Excavation for Mechanical/Electrical Work: Excavation and backfill required in conjunction with underground mechanical and electrical utilities, and buried mechanical and electrical appurtenances is included as work of this section. Definition: "Excavation" consists of removal of material encountered to subgrade elevations indicated and subsequent disposal of materials removed. Codes and Standards: Perform excavation work in compliance ;with applicable requirements of governing authorities having jurisdiction. Testing and Inspection Service: Owner will be responsible for the initial soil testing and inspection service for quality control testing during earthwork operations. The contractor shall coordinate with the testing company to have the technician available at the site to take the necessary for test for compaction. The Contractor expense. Required compaction test all retesting, at his own expense. are indicated on the drawings at intervals as recommended by the testing laboratory. ThEngineer. Of all testinging shall be ll be done sent directly to the City in the presence of the Cily Engineer. The Contractor shall notify the city Engineer or his representativepr for the or to any test being done, failure to do so will be grounds City Engineer to require retesting at the contractor's expense. Site Information: Data on indicated subsurface conditions are not intended as representations or warranties of accuracy or continuity between soil borings. It is expressly understood that Owner will not be responsible for Cont interpretractor.ations ormade conclusions drawn therefrom by available for convenience of Contractor. Additional test borings and other exploratory operations may be made by Contractor at no cost to Owner. Existing Utilities: Locate existing underground utilities in de areas of work. If utiliies aprotectionremain duringlearthwork adequate means of support operations. Should uncharted, or incorrectly charted, piping or other utilities be encountered during excavation, consult utility owner immediately for directions. Cooperate with Owner and utility companies in keeping respective services and facilities in operation. Repair damaged utilities to satisfaction of utility owner. Do not interrupt existing utilities serving facilities occupied and used by Owner or others, durigoccupied tours, Engineer except when permitted in writing by City only after acceptable temporary utility services have been provided. Provide minimum of 48-hour notice to City Engineer, and receive written notice to proceed before interrupting any utility. Demolish and completely remove from site existing underground indicatedutilities ith companies forshut-off of services ifolines ate w areactiveility Use of Explosives: The use of explosives is not permitted. Protection of Persons and Property: Barricade open excavations occurring 'as part of this work and post with warning lights. 109. Operate warning lights as recommended by authorities having jurisdiction. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout and other hazards caused by earthwork operations. Perform excavation within drip -line of large trees to remain by hand, and protect the root system from damage or dryout to the greatest extent possible. Maintain moist condition for root system and cover exposed roots with burlap. PART 2 - MATERIALS SOIL MATERIALS: Definitions: Satisfactory soil material are defined as those complying with ASTM D2487 soil classification groups GW, GP, GM, SM, SW, and SP. Unsatisfactory soil materials are defined as those complying with ASTM D2487 soil classification groups GC, SC, ML, MH, CL, CH, OL, OH and PT. Clav/Sand Mixture: Ballfield No. 4 shall include all grading, excavation and or fill, including clay/sand mixture for the infield and warning tract for field No. 4. All work and materials shall be in accordance with the standard specifications and accepted local practices. The warning tract is to continue along the fence line westward and connect to Ballfield No. 3. The clay/sand mixture is to be a minimum thickness of eight inches (8") below finished grade. The clay/sand mixture shall be 70/30 as provided by Melbourne Sand Co. or approved equal. All construction shall be in accordance with the plans and specifications. Subgrade Material: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, crushed slag, natural or crushed sand, aggregate from the existing parking lot adjacent to the concession stand. Drainage Fill: Washed, evenly graded mixture of crushed stone, or crushed or uncrushed gravel, with 100% passing a 1- 1/2" sieve and not more than 5% passing a 3/8" sieve meeting the requirements of No. 5 Aggregate, per Section 901 of F. D.O.T. Road and Bridge Specifications. Backfill and fill Materials: Satisfactory soil materials free of clay, rock or gravel larger than 2" in any dimension, debris, waste, frozen materials, vegetation and other deleterious matter capable of when properly rolled without pumping, clumping, etc. PART 3 - EXECUTION EXCAVATION; obtaining required compaction adverse consequences, such as Excavation is Unclassified, and includes excavation to the top of the subgrade elevations indicated, regardless of character of materials and obstructions encountered. The Contractor is required to stablize the subgrade using in palce material mixed with rock, marl or other suitable material to obtain road stabilization as indicated on the drawings. Excavation Classifications: The following classifications of excavation will be made when rock excavation is encountered in work: Earth Excavation includes excavation of pavements and other obstructions visible on ground surface; underground structures, utilities and other items indicated to be demolished and removed; together with earth and other materials encountered that are not classified as rock or unauthorized excavation. Rock excavation in trenches and pits includes removal and disposal --of and obstructions encountered which cannot be excavated with a 1.0 cubic yard (heaped) capacity, 42" wide bucket on track -mounted power excavator equivalent to Caterpillar Model 215, rated at not less than 90HP flywheel power and 30,000 lb. drawbar pull. Trenches in excess of 10'-0" in width and pits in excess of 30'-0" in either length or width are classified as open excavation. Rock Excavation in open excavations includes removal and disposal of materials and obstructions encountered which cannot be dislodged and excavated with modern track -mounted heavy-duty excavating equipment without drilling, blasting or ripping. Rock excavation equipment is defined as Caterpillar Model No. 973 or No. 977K, or equivalent track -mounted loader, rated at not less than 170HP flywheel power and developing 40,000 lb. break-out force (measured in accordance with SAEJ732C). Typical of materials classified as rock are boulders 1/2 cu. YD. or more in volume, solid rock, rock in ledges, and rockhard cementitious aggregate deposits. no not begin rock excavation work until material to be excavated has been cross-sectioned and classified by City Engineer. Such excavation will be paid on basis of contract conditions relative to changes in work. Rock payment lines are limited to the following: Two feet outside of concrete work for which forms are required, except footings. One foot outside perimeter of footings. In pipe trenches, 6" below invert elevation of pipe and 2 ft. wider than inside diameter of pipe, but not less than 3 ft. minimum trench width. Neat outside dimensions of concrete work where no forms are required. Under slabs on grade, 6" below bottom of concrete slab. Unauthorized excavation consists of removal of materials beyond indicated subgrade elevations or dimensions without specific direction of City Engineer. Unauthorized excavation, as well as remedial work directed by City Engineer, shall be at Contractor's expense. Under footings, foundation bases, or retaining walls, fill unauthorized excavation by extending indicated bottom elevation of footing or base to excavation bottom, without altering required top elevation. Lean concrete fill may be used to bring elevations to proper position, when acceptable to City Engineer. Elsewhere, backfill and compact unauthorized excavations as specified for authorized excavations or same classification, unless otherwise directed by City Engineer. Additional Excavation: When excavation has reached required subgrade elevations, notify City Engineer who will make an inspection of conditions. If unsuitable bearing materials are encountered at required subgrade elevations, carry excavations deeper and replace excavated material as directed by City Engineer. Removal of unsuitable material and its replacement as directed will be paid on basis of contract conditions relative to changes in work. Stability of Excavations: Slope sides of excavations to comply with local codes and ordinances having jurisdiction. Shore and brace where sloping is not possible because of space restrictions or stability of material excavated. Maintain sides and slopes of excavations in safe condition until completion of backfilling. Shoring and Bracing: Pro,jtde mnterin)s for shoring and bracing, such as sheet piling, uprights, stringers and cross - braces, in good serviceable condition. Establish requirements for trench shoring and bracing to comply with local codes and authorities having jurisdiction. Maintain shoring and bracing in excavations regardless of time period excavations will be open. Carry down shoring and bracing as excavation progresses. Provide permanent steel sheet piling or pressure creosoted timber sheet piling wherever subsequent removal of sheet piling might permit lateral movement of soil under adjacent structures. Cut off tops as required and leave permanently in place. Dewatering: Prevent surface water and subsurface or ground water from flowing into excavations and from flooding project site and surrounding area. Do not allow water to accumulate in excavations. Remove water to prevent softening of foundation bottoms, undercutting footings, and soil changes detrimental to stability of subgrades and foundations. Provide and maintain pumps, well points, sumps, suction and discharge lines, and other dewatering system components necessary to convey water away from excavations and receiving bodies of water. Discharge shall be to upland area and bermed as necessary. Establish and maintain temporary drainage ditches and other diversions outside excavation limits to convey rain water and water removed from excavations to collecting or run-off areas. Do not use trench excavations as temporary drainage ditches. Material Storage: Stockpile satisfactory excavated materials where directed, until required for backfill or fill. Place, grade and shape stockpiles for proper drainage. Locate and retain soil materials away from edge of excavations. Do not store within drip line of trees indicated to remain. Dispose of excess soil material and waste materials as herein specified. Excavation for Retention Pond: The contractor shall excavate the retention pond well below final grade to remove hardpan and backfill with clean fill suitable for drainage. He shall meet the requirements for FDOT Specifications 902-4 Filter Material for Underdrains. Excavation for Structures: Conform to elevations and dimensions shown within a tolerance of plus or minus 0.10', and extending a sufficient distance from footings and foundations to permit placing and removal of concrete reinforcement is placed. Trim bottoms to requuired lines and grades to leave solid base to receive other work. Excavation for Pavements: Cut surface under pavements to comply with cross-sections, elevations and grades as shown. Excavation for Trenches: Dig trenches to the uniform width sufficiently wj.de to provide ample working room. Provide 6" to 9" clearance on both sides of pipe or conduit. Excavate trenches to depth indicated or required. Carry depth of trenches for piping to establish indicated flow lines and invert elevations. Beyond building perimeter, keep bottoms of trenches sufficiently below finish grade to avoid freeze -ups. Where rock is encountered, carry excavation 6" below required elevation and backfill with a 6" layer of crushed stone or gravel prior to installation of pipe. For pipes or conduit 5" or less in nominal size and for flat- bottomed multiple -duct conduit units, do not excavate beyond indicated depths. Hand excavate bottom cut to accurate elevations and support pipe or conduit on undisturbed soil. Areas which have been over excavated, the Contractor shall be required to compact bottom of trench to 6" above final elevation and then hand excavate to proper elevation. For pipes or conduit 6" or larger in nominal size, tanks and other mechanical/electrical work indicated to receive subbase, excavate to subbase depth indicated, or, if not otherwise indicated, to 6" below bottom of work to be supported. Except as otherwise indicated, excavate for exterior water - bearing piping (water, Steam, condensate, drainage) so top of piping is not less than 2'-6" below finished grade. Grade bottoms of trenches aA indicated, notching under pipe bells to provide solid bearing for entire body of pipe. Backfill trenches with concrete where trench excavations pass within 18" of column or wall footings and which are carried below bottom of such footings, or which pass under wall footings. Place concrete to level of bottom of adjacent footing. Concrete is indicated on the drawings. Do not backfill trenches until tests and inspections have been made and backfilling authorized by City Engineer. Use care in backfilling to avoid damage or displacement of pipe systems. ror piping or conduit less than 2'-6" below surface of roadways, provide 4" thick concrete base slab support. After installation and testing of piping or conduit, provide minimum 4" thick encasement (sides and top) of concrete prior to backfilling or placement of roadway subbase. Cold Weather Protection: Protect excavation bottoms against freezing when atmospheric temperature is less than 35 F (1 C). COMPACTION; General: Control soil compaction during construction providing minimum percentage of density specified for each area classification indicated balow. Percentage of Maximum Density Requirements: Compact soil to not less than the following percentages of maximum density for soils which do not exhibit a well-defined moisture- density relationship (cohesionless soils). StructuresBuilding Slabs and Steps, Pavements: Compact top, 12" of aubgrade and each layer of backfill or fill material at 98% relative density for cohesionless material. Lawn or Unpaved Areas: Compact top 6" of subgrade and each layer of b�ckfi.11. or fill material at 90$ relative density for cohesionless soils. Walkways: Compact top 6" of subgrade and each layer of backfill or fill material at 95$ relative density for cohesionless material. Moisture Control: Where subgrade or layer of soil material must be moisture conditioned before compaction, uniformly apply water to surface of subgrade, or layer of soil material, to prevent free water appearing on surface during or subsequent to compaction operations. Remove and replace, or scarify and air dry, soil material that is too wet to permit compaction to specified density. Soil material that has been removed because it is too wet to permit compaction may be stockpiled or spread and allowed to dry. Assist drying by discing, harrowing or pulverizing until moisture content is reduced to a satisfactory value. BACKFILL AND FILL; General: place acceptable soil material in layers to required subgrade elevations, for each area classification listed below. In excavations, use satisfactory excavated or borrow material. Under grassed areas, use satisfactory excavated or borrow material. Under walks and pavements, use subgrade material, or approved satisfactory excavated or borrow material, or combination of both. Under Steps, use subgrade material. Under building slabs, use drainage fill material. Under piping and conduit, use subgrade material where subgrade is indicated under piping or conduit; shape to fit bottom 90 of cylinder. Backfill excavation as promptly as work permits, but not until completion of the following: Acceptance of construction below finish grade including, where applicable, dampproofing, waterproofing, and perimeter insulation. Inspection, testing, approval, and "as built " recording locations of underground utilities. Removal of concrete formwork. Removal of shoring and bracing, and backfilling of voids with satisfactory materials. Cut off temporary sheet piling driven below bottom of structures and remove in manner to prevent settlement of the structure or utilities, or leave in place if required. Removal of trash and debris. Permanent or temporary horizontal bracing is in place on horizontally supported walls. Ground Surface Preparation: Remove vegetation, debris, unsatisfactory soil materials, obstructions, and deleterious materials from ground surface prior to placement of fills. Plow, strip, or break-up sloped surfaces steeper than 1 vertical to 4 horizontal so that fill material will bond with existing surface. When existing ground surface has a density less than that specified under "Compaction" for particular area classification, break up ground surface, pulverize, moisture- otimcomac condiredndepthpandupercentags ofr�maximumndensity. to reqPlacement and Compaction: Place backfill and fill materials in layers not more than 12" in loose depth r material 6" compacted by heavy compaction equipment, andin loose depth for material compacted by hand -operated tampers. Before compaction, moisten or aerate each layer as necessary to provide optimum moisture content. Compact each layer to imum dry density orrelative required percentage or maxplace backfill muddy, density for each area classification. Do y, frozen, or or fill material on surfaces that are contain frost or ice. place backfill and fill materials evenly adjacent to structures, piping or conduit to required elevations. Take care to prevent wedging action of backfillagainst structures or displacement of piping or conduit by carrying al uniformly around structure, piping or conduit to approximately same elevation in each lift. GRADING; General: Uniformly grade areas within limits of grading under this section, including adjacent transition areas. Smooth finished surface within specified tolerances, compact with uniform levels or slopes between points where elevations are indicated, or between such points and existing grades. Grading Outside_ Building Lines: Grade areas adjacent to and to prevent uiidlnq lines to drin away from structures b ponding. Finish surfaces free from irregular surface changes, and as follows: Lawn or Unpaved Areas! Finish areas to receive topsoil to within not more than 0.10' above or below required subgrade elevations. Walks: Shape surface of areas under walks to line, grade and cross-section, with finish surface not more than 0.10' above or below required subgrade elevation. Pavements_: Shape surface of areas under pavement Eo line, grade and cross-section, with finish surface not more than 1/2" above or below required subgrade elevation. de Grading Surface of Fill under Building Secbfiedraendsmooth and even, free of voids, compacted as sp ovide final grades within a tolerance required elevation. Pr of 1/2 when tested with a 10' straightedge. Compaction: After ercentagepoftmaxbimumdorsrelative density urfaces to the depth and indicatedd percentage p for each area classification. BUILDING SLAB DRAINAGE COURSE; General: drainage course consists of placement of drainage fill material, in layers of indicated thickness, over subgrade surface to support concrete building slabs. Placing: Place drainage fill material on prepared subgrade in layers of uniform thickness, conforming to indicated cross- section and thickness. Maintainopimum moisture content for compacting material during placement When a compacted drainage course is shown to be 6" thick or less, place material in a single lace materialainrequale n shown to be more than 6" thick, p layers, except no single layer more than 6" or less than 3" in thickness when compacted. FIELD QUALITY CONTROL: Qualit Control TestingDuring construction: subgt d fill olayers ing service to inspect and app performed. before further construction work is Perform field density tests in accordance with AASHTO T-180 (necular method). Footing Subgrade: For each lacedrata of soil on conduct at least which footings will be p one test to verify required design bearing capacities. a es. acitiaciti g Subsequent verification and app roval of subgrade may be based on a visual comparison of each subgrade with related tested strata, when acceptable to City Engineer.. lding Slab Subgrade: Make at least Paved Areas and Bui one field density test of subgrade for every 2000 sq. ft. of paved area or building bleb, but in no case less than 3 tests. In each compacted fill layer' overlaying make one field density test for every 2000 sq. building slab or paved area, but in no case less than 3 tests. Foundation Wall Backfill: Take at least 2 field density test locations `-and elevations as directed. If in opinion of City Engineer, based on testing service reports and inspection, subgrade or fills which have been placed are below specified density, p compaction and testing at no additional expense. MAINTENANCE; Protection of Graded Areas: Protect newly graded areas from traffic and erosion. Keep free of trash and debris. Repair and re-establish grades in settled, eroded, and rutted areas to specified tolerances. Reconditioning compacted Areas: Where completed compacted areas which are disturbed by subsequent construction operations or adverse weather, scarify surface, re -shape, and compact to required density prior to further construction. Settling: Where settling is measurable or observable at excavated areas during general project warranty period, remove surface (pavement, lawn or other finish), add backfill material, compact, and replace surface treatment. Restore appearance, quality, and condition of surface or finish to match adjacent work, and eliminate evidence of restoration to greatest extent possible. DISPOSAL OF EXCESS AND WASTE MATERIALS! Removal to Designated Areas on owner's Property: Transport acceptable excess excavated material to designated soil storage areas on Owner's property. Stockpile soil or spread as directed by City Engineer. END OF SECTION 02200 SECTION 02513 - ASPHALTIC CONCRETE PAVING PART 1 - SCOPE OF WORK The work specified herein comprises the ction base of a bituminous pavement consJ-`ting of graded aggregate course, bituminious prime coat, bituminous tack coat, and bituminous surface course central plant hot mix. The subgrade for the base course shall be prepared at accordance with SECTION; 02200 Earthwork of these specifications. The construction of the bituminous pavement components shat of ll conform to the requirementsof the t1Flo lonsrfor Roadida randnBridge Transportation, Standard Spor Construction" 1991 edition except for the modifications ha additions specified herein. Ineadditignbase materialthe ofor hall be responsible top P placement of paving. This shall include regrading, P rime coat, additional base material, compaction, testing, P and asphaltic surface course. DEFINITIONS: Wherever, in the Florida Department of Transportation Standard Specifications, hereinafter referred to in this section as the "Standard Specifications," the following terms are used, the intent shall be understood as follows: "Owner" ------------- -- City of Sebastian -- City Engineer of Sebastian "City Engineer" -----_---or his representative "Proposal Form' -------- PART 2 - MATERIALS General Provisions, Special Conditions, or Technical Specifications The Bituminous Plant Mix Surface Course shall be applied in accordance with the Standard Specifications using asphaltic concrete indicated on the drawings. The Job -Mix Formula together with the test data shalll be fu nidays toithe CJ.ty Engineer for review ap gp Coo beinning mixing op ded Base (Section 911 & 9150 for the paving shall be gra aggregate base course as indicated on the plans. The se ance to construction of the base courLimrockshall material be in cfor dBase andthe requirements of Section 911 Stabilized Base) and 915 (Cemented Coquina Shell Material) of the Standard Specifications. Bituminous Prime and Tack Coat: (Section 300) shall be appl accordance with the Standard appliedattheo rate of rate ofeprime shall be Grade RC 70 or RC 250 app 0.20 to 0.35 gallon per square yard. .Emulsified asphaltmay be used upon approval of the City Engineer. If the prime coat is not fresh, clean and free l f traffic marks, tely a to bituminous tack coat shall be app application of the asphaltic inconcrete accordancerwith theface rStandard tack coat shall be applied Specifications using 0.02 to 0.08 gallon per yard of emulsifiedasphalt. Engineer, asphalt may be used upon approval of the Bituminous Plant Mix Surface Course (Section 320) shall be appl accordance eiindicatedhe aonathe drawingsrd Sp .Mix ons using asphaltic concrete troved by the City Engineer before being designs shall be app used in the work. PART 3 - EXECUTION The Contractor will be required to furnish the ob-mix formulas and all pertinent laboratory and field test data of --all in the mixture to be used intheiCity k and the Marshall test properties for approval by Engineer at least 10 days before the start of paving operations. The above mix design data, sufficient size samples, and source materials shall be furnished to the Testing Laboratory for review and check testing prior to start of placement of bituminous pavements. The Testing Laboratory will notify the City Engineer of the Satisfactoriness of the mix design. The Contractor shall perform the necessary density tests pf the compacted base course and the compacted bituminous pavement. COPIES OF SEPCIFICA_ TIONS? During the performance of all work coveredinreferenced this section, the Contractor shall keep 1 copy of thehighway specifications at the jobsite. Davin Place mixture at not less than 225 F (107 C), spread and strike off. Place each course to required grade, cross- section, and compacted thickness. Provide Joints between old and new pavements and between successive days, work for continuousbo ackecoatn adjoining work. Clean contact surfaces and apply Rolling: Begin rolling when mixture will bear roller weight hothmaterials asvrolling aprogresses. Cut outcement. Repair and defects with and patch defective areas and roll paving. Continue rolling roller marks eliminated. to blend with adjacent satisfactory until maximum density attained and Protect pavina from damage and vehicular traffic until mixture has cooled and attained its maximum degree of hardness. Traffic and Lane Markings, Apply 2 coats of chlorinated rubber type traffic -lane marking paint (FS TT -P-115, Type III) over cleaned paving surface. Layout Uarea se aand review color with Engineer before paint application. for directional arrows and white for 24" stop bars. MEASUREMENT AND PAYMENT: The unit of measurement and payment for the work covered by this section of the specifications will be made on a job, lump sum basis for "Site Preparation and Development, shall be Complete", which contract lump sum price and paymentebor, tools, full compensation for furnishing all materials, equipment, services and incidentals necessary to complete the work as required.