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HomeMy WebLinkAbout1993 - Agreement w/ UnitedAIA ibcument A 10 Standard Form of Agreement 3etween owner and Contractor toher'e the hash; of pa fflertt is a STIPULATED SUM 1987 EDITION 771,S UOCUAfF.NT HAS JAWORTANT LEGAL CONSEQUENCES; CONSULTATION tt:'ITN AN A7•TOR1VEi' IS ENCOURAGED WIT,, RESPEC7- TO ITS COMPLETION OR MODIFICATION. iN, 19 ria � mini t AIA reference. f pIri rml 0sr 1. �•Itl other gat d terrd c^�Alftn I$ raft ss this duritrars for ornment is modified. modified 'MIs document has been approved and endomd by The A.c;Odatcd Gcncral Contractors of America. AGREEMENT made as of the Nineteen Ilundred and BETWEEN the Owner: (Norms anrf (rddr'rs1) and the Contractor: (A...... •mrd oddcca) 'File 111nlect (Nnurr• rnr,l l•v rui•nrJ The Archilcct is: (•\•roue dnd •r•r.r." 1 day of .City of Sebastian 1225 Main Street Sebastian, F'1 32958 United Irrigation 1177 18th Place Suite B Vero Beach, 171 32960 Barber Street Sports complex Ball field number four 3"11e Owner and contractor agree as set forth below. I ,.I,a,lehl 1715. I71 R, 171;. 1757, 1951, 195R, 19G1, 1'X$. I9(i7. 191.1. 1977, ®1907 by 'i"he Amcdeon Indlulle of Arch1- 1i., I 1 ; Nr n Yrnk Accauc, ti fir.. \r'ashhlRjo11. ILC 11(H16. Rcpladuclioo o? the t �ic 11al herahr or sml-11rlial s(INC ion pnrelck my aillu.nl aRlncn pl'rinl<51nn nl 1ha• AlA claims; 111v cnprrlg'" iaa's of the Llnllcal Slhlcs pfd w11i l+c Rdllcl9 10 • n1+m7 A1014987 1 AIA DocUMEN1 AI01 • q\e NCR 1:1 tNI RA(arlR N<iRWR ,IfRKAVF.NI F1.NR'. FV['A. IINNI'tlf lNat(:. 11HH% 'Illi .tn11'lar' V r 1'x 1 Il P 11'.1IF AN ll 11 l F'r,'I i, 1',' aacUllee. WAnmN6: UnOcemed pholoeeprlM vlelNea U.9, eoWghl laws sued N eubte l to legs? qo in the year of ARTICLE 1 THE CONTRACT DOCUMENTS 'i'hc Cnntrrt t I)n(nnrcnls consist of this Agreement, Condit h ms of the Contract (Goneral, Supplementary and other condldons), nla+vinrs• Spct lfif :n inns, addenda Issuctl prior to execution or this Agreement,c other documents listed in this Agreement and NodiNcuioos Ir:nrd ahcr cxccoNon of this Agrecnrem; these form the Contract, and are as fully a pail of the Contract as if attache(I a"d slopeAgro. -I pf I I If nc ooc, rrpreunutlon5 or ag parties h f in l'cucrRnts )net either written or oral. An enumeration of the Contractile Documeents. other than Mndifirainns, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT the Contractor shall execute the entire Work described In the Contract Documents, except to the extent specifically Indicated In ,lie Contract ihK'uments Io be the responsibility oT ()(hers, M 25 follows: The Contract documents include the lasted revisidn 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 to bids. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION sbalf lie tire date of In(onouctocerrictut Is 'rfrom which tile (;ijntract Time or lnita rk AgnrR'ntslit.%, n,iltcn shoveunlessadi.ferent date Is staled below or pr(v)ismIe fr he (ate he ff cd 1 a notice In prw rrd 1•:curd by the owner. (hoot IM d.n.' •�/ •"rrrn••m ~11. ff it difftn fmm low dafr of III& Agrn'rnoit nr, // elf ri/r rl/rrr. ,fi/I/r /)41r /)M (toile ".01 IM fIYN/ Ina IIrrI/r Y /n �r.w mf ) Within 14 days of approval by the Sebastian Cityy Council Onlcss tl+r date of crnnmencement Is established by a notice to proceed Issued by the Owner, the C(mirador shalt notify the Owner in n.11linp not less than Oce days before rommenclnitthe Work to permit the timely 1111ng of mortgages, mechanic's 11"n" and nibcr err miry Interests. 3.2 the Cilium,uaor shall achicsc SubstamLd conq)Ietkm of the entire Work not later Than llnaal rrmf /•nf.. r ro,n..rr4n.Omn >Intrd rPrelrfr mfrrnl ANtnnfnnrs' rttnn•••,r Notwi�nsrnddnimrnnrgsfmaMnNlanguageherein re in fn 0rL: to the contrary "completion" shall mean a fully constructed impro emeintended in complete comformance with the plans and specifications, ready foruse without further expense to owner as determined by the City Engineer. srfhp'rr r" :R111011rcrrts fir this Contract Time as providedAt) +cu c"Is.aicont •)rr"rix•=^imrnAf..fnnrrrn• ne hundred (100%) pof the work is not completed withiandayseer iafter dateing fof goodeca( ment except as may be extended by 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 percent (100%) completion. This deduction will be taken from final payment AIA 00431MENT 11101 • ()3'NER CONTRACTOR AGREEMENT • TWEIFnI EUITION - AIA" IU(OR) A1014997 2 111E AMFpIrAN IN51 t I t ITE OF ARCI IITF(CI 5,1735 NF.W YORK AVF.NIIF, N.W., WAs111NcnoN. U.C. 21KK16 wARNINO: unlicensed plrotoevpytrq vldNrN U.9. eopyrt9h I Irene and to skied to k9N pmeeeu(lo". OWN A"TICL� AA -* ' CUN1pACt SUM 4.1 'I he gwncr still, (if ha1, pay the Corltaclnr In currcnl fundi for the CnnttaCint s pcdormancc of lire Cnnlrad the Conrad SUogats (f 16,650.00 ), suhjM to adtlilknrs and deductions provldcd In the Coo- tarl I>.frnmcnls. 4.2 the Contact Sum 1s hascd upon lire following ahcrnatcs, If any, which we JcscrllxJ in the Contract yhxunrcrtts anti arc hrirby arrrpred by the Owner 1#herode b�,fhe Clower Autgr Ienl 1. fhe"C'"N"f of fSrote Pot "umbers or other fAaUlJlrel rm 11 t hnOntlnnnbx liIrmt" I/ hr�nrnn on f , ,,h F nr A he date fit w5kh (hot nmmmf 0 v tldj urdr Apree....if. nff"h n rrheAule ^f . 4.3 (11111 prlres, if any, afe as k,IMws. As indicated in the bid documents. IN AIA VocUMENT 1511 In F.nrrflC INltnli iS NF.QuYO Kr11VEm F4'1151tI Nt:fl1N�b.t �EnfxK� A101-190 .. Aoft*l ARTICLE 5 pnOOF1 ag PAYMMIS 5.1 pingreSt paymsubmitted Ml- OnIXcount tof the C(mtractby the tSumrto aReCorut2clor 21 provided SWolw mid tile rNcnhrrr In dtr Contratl DoCumrnls. 'I hr period cnvacd by each Applka0on for Payment shall be one calendar month ending on the tut day of the month, or as 5.2 f(Igows: i, pay request to be submitted to the Engineer of Record by the 25th of each month. ?. Final. upon acceptance of improvements to the satisfaction of. the City Engineer. 5.3 I'nn•Idcd oo Applkadnn fnr Payment is recelved day otal^ionth! heeOwnerasl ag maka payntcnl faille Contractor not later than Twenty F i f tit month. If an Application for Payment Is received by The lite Tenth 10th day menl shall be made by du Owner ^m hater titan 10 days Arddtccl afler the appllcadun date gsed a1x)ve, paq cUys ager the Architect rrrr;vrs the Application fnr Payment. 5.4 rnt h AppRcatlnn fnr Payment $hail be based upon the Schedule of Valucs submitted by fire C(mtador In acrnrdalue with the (AIIIIa(I 1)rK^^ullts, the Schedule of Values 511311 %flue a the entire Contract Sum among the l mgy t portions of flu work and be prcparceh In such farm and supported by such data to substantiate Its accuacy as the Architect maq req+ohe. 11+b Schedule, unlrss nhirftrd to by the Architect, shag be used as a basb for reviewing the Can" ctni's Appllalloas for Payment. 5.5 Appika(lnns rot Payment shag Indlcate the percentage of completion of each portion of the work 3.s of he end of the period (rrc•rred by the Appg(atlon firt Payment. 5.8 Subirct In Ilse prov(aktns of title Cnnlract l37cuments, the amown of each (uogress payment shag be computed as follows: 5.8.1 fake that portion of the Contract Sum property alk)caMe to completed work is determined by multiplying he percetile mage co^,pletlon of cath pr7rllnn of The work by the Shue of the Notal Contract Stmt aliocaled to Ihu portion of the Workpercent Schcdalc of valuehe s, 1(Ks retainage .of Ten 11 ( 10 )^)• Pending gnat detennlnatkon of teat to he Owner of clungdll lM 1Chmeitwact S+o h s not ye Inbeen1 �i�ed by Inclndcd a<provklcd In Subparagraph 7.3.7 of the Gen"A Conditions even II+clutg Changr (lief; 5.6.2 Add that portion of die Contact Sum property allocable to materials amid etpdpmcnt delivered and sultabiq stored at tilt sIle fnr suhsecpunl Incorporation In The completed consm^tct►on (or. If approved in advance by the Owner, sulubly Stored off the sllc at a Iuradun agtecd upon in writing), less tdalnage of TEn prrrrrn I 10 5.8.3 Sul,u3ct he 3 female or previous payments made by the Owner; and 5.6.4 Suhuact amounts. any, for ahkh the Architect hu withheld or nullified a Certllkate for Payment m provkled In Para Rraph 9.5 of the Genesi itCondltMnk 5.7 lite pn,gress payment amount determined In accordance with paragaph 5.6 shag be further modlned under lite followM9 rhralnslanrcs. 5.7.1 Add, ,pan SuMunttal Completion of the Work, a sum svlgcknt to Inca pefCe^ l Pal9' U s to N ) of lire Comrao Snln, Icss such amounts as the Architect slug determine for Incomplete Work and un5etdcd clalms; and 5.7.2 Add, It Onal completion of the Work Is thereafter materlagy debyed through till fault of du Comaclor, any :Idditknu Innrnnns payal,te In accordance with Suhpaagaph 9.10.3 of lite General Cond1(kms. It ml , slug be as follows: rroer. hrtnrr•d In Siditwor 5.8 Rrdnrnrnt or Ilmllatinn of retalnaµe, y (11 is it Irlr,14rd, prinr In Srrbrrnnl/nt fbmfdNlnA if the prlhRiP r k. In rrdretr nr I/rn/1 to" '041"'Wif$uhlr mm Ihr (re th rr R,,,pb, 1 6 r nnA 1 f 2 ansa r, nrrd IN, Ir wI r.114Inhrnl rhrrtlrrrr M If -,arra, nr 1 rho umrmr• lnfr,I h•rr P 'IS/nm fnr norrrcNrrn rrr f/mllnrinnJ _-.it11 ' • (919x7 A101-1967 AIA UOCUMEt11 Ala 1 • Ua'NER CUNIRACTOR AOREEMENt T1rElF.UIIIUN •AIA till AnITRICAN +N51n1n F. nr Am'"I EC15,t77t NF.w YURR AVEN^F.. t(w„aAs111Nl:TnN, U.C. 211(1116 ARTICLE 8 FINAL PAYMENT 2ncr of the 1r'c,(:rnruact has beenrequirements,byrthealComt2ctor exceptratti contractor'se�responsibility to correct "onconfornrinlg Wt)tk as prcnvlticd in Suhpa,agraph 12.2.2 of the General Conditions and to satisfy other requlremorts, If any, which necen eby Ihetoarn MIA 111 "role Ind linin) days liner, the I.e, u" nice of the irruot Archlt Archs beef, itect's ed CerN calthe elfortfaymensucil rt, oal r t fnllo slymcm al be madeby II(II Additionally, completion per 3.2 and delivery to owner of a Contractor's Final Affidavit per F.S. 7.3 shall be required prior to final payment. ARtICLE T MIscELU1NaoU 01110AMOM 7.1 Where reference Is made In this Agreement to a n1ed> I lolihe� °wkkm+ of d e IIIs Of the ref acnce refers m that pmvkirm as amended or, > Y 1,2 al,ee ice thereof, ad un tergal under the eval�ling rn"trsd �Ume to+time at the P12Mnterest from the dwlterre the Probed k ment is due tloatedthe c stated � �loa, or It lln.rrl .err af W"mr n„rrrd uprrn, f/ ""r ) Per relevent State Laws IFI. nrni!hm. rrRnl rxlHrr O"I'M he"holm ,(yrrn•Inus nnd.rgnlremrnf!nndrr (Ix rrdrrof l"nnF fn 2,rndln Ard"drilararntr and hz"I the"merr),If nuaandolbortxnlnflmU of l6tthr+rn'f nr t•nninaor'f QrlmQro/fd"trl ry hu!Inr!f, the l,n'nib"ty rFf lrirgnl end dx"(zrc mnyly"", f[re rt lld(ry•nJ 1 u I"• vq.rrr r.r drfrrinrg ". m.rdl/hnennr, mrd "1!" rrfrnrdhg, rrgrdrrnrrrrt! n"I, n! "I Ile" dhtln!nrr! rrr nM/roe.) 79 r)tl,rrl,ro lsinnc. Change Orderst All requests for change orders must bt presented in writing by contractor to owner before any extra w, i.s done or the owner is not obligated to pay for same. ARTICLE 8 TERMINATION OR SUSPENSION R.1 ) h• r ,"mart "r"y I,r trnninatrtl by Ihr Owner to the CnNiraclilt as prnvided in Article 1.1 of dre (747ncr1l Cnntlhinns. R.7 'I Dr \[ink "ray hr �nq,rndnl by the ()n ncr as pnnvidcd hr Article 14 "f the (:cncral Conditions. AIA ooCUTAVIT AM • o\111tRttnNlRAU1Q1t AGREENENI • 1+1'El.f ill EUIIIVN •AIA' •'eJ 19RJ AIQl.l9e� t It n, I PI ;An INc 1111,1 t of Alu l llt rr 1". 17, it N1'.+C Wit AVENIR, N w„ R'ASIIIN(atlN, 17. C. 2rrtaK ARTICLE 0 oo--, ENUN1EpA110N Ot coWMCT L XMENT8 9.1 1lle Contact cocaments, except for MOdincatlons issued anet executkm of this Agreement, ate enumerated is follows: 9.1.1 7lte Agreement Is this executed Standard Form of Agreement tletwern Owner and Contactor, AIA Document AIOI, 1987 F.tlltlnn. 9.1.2 111c (8sneral Conditions are the General Condlllonof the Contract for Constructltm. AIA comment A201, 1987Editn. 9.1.3 1 he sapplemenury and other Conditions of the Contrad arc those contained In the rrolect Manual dated and are M inflows: Document 1111E rages an The contract documents includdesitebplthewith therlateRecord, revision dated 6-10-93 as prepared Mosby and Associates and the bid specifications and package as prepared by the City. Notice of Bids. follows; 9.11.4 lh� ry,rti➢raN ,ns arc tll ne amtalncd In the rro�ect Manual dated as In Subparagraph 9.1 .3, and are as Irr flv �J•n 11fnob,n /.n r n, •r(. fn mr 11111 l Off"' Fr" fn fld..lgr rrnrrnl i 1111le rages rr.n... Set llnu Sheet 2 of 16 Sheet 3 of 16 Sheet 6 of 16 Sheet 8 of 16 Street 9 of 16 Sheet 10 of 16 Sheet 11 of 16 SIR OOCOFrENT 1110(• oa•'NERCONIMCIUR AGREEMENT • T'R'[Li'1M..lll WO�StTtWiloN'b.C91t�• 4101-1987 itis �1tiPir:FN INSI Ittll F. or AR(:IIII it'.ix,1715 NEW Yt7RR AVF.NIIE. N. 9.1.5 the braaings ar fnllnwe, and arc dated pal, Iht ter Ma".f^R• 1 • 'i^ to w, ethtCrll enea5td to Us AR•rBeFel.J 71t1e Number BSSC Ballfield No 04 Sheet 2 of 16 revised 6-10-93 Sheet 3 of 16 revised 6-10-93 Sheet 6 of 16 revised 6-10-93 Sheet 8 of 16 revised 6-10-93 Sheet 9 of 16 revised 6-10-93 Sheet 10 of 16 revised 6-10-93 Sheet .11 of. 16 revised 6-10-93 9. t.6 The Addrnda, If any, ale as 10110ws: nate Nnmber None /r1 unless a different dale Is shown hclo%v: Date rages P0r110ns 0f Addenda relating In bidding requlrements arc not pan of the Conuact Ihrctlmenls unled the bidding Icquhcmer alsn elnlmcrated In thls Article 9. RIR OOCVMCNT 8101 OTVNER CON7MCTOR AOR[[FIiNi • 1R'[Lilp R AN111 • RU• • .21y0r. Aioi-i91 TIIP. AMEUMP"I INSittnit ni ARtallT[eTa. 17�T rlEe YORR RV R7nit, N.'1l.. TVAStItNOTUN. O.C. 7nrMr6 9.1.7 Other documents, If "~ forming part of the Contact Documents are Mows: (21st bere any additional documents erbkb am intended tofonnpart 4 The Caresser documents The General CorNaloruproWde roar btddhngreqndreroenrs sato as adrrrtisement or Invitation to Not Instructions to Bidders, sample forms and the Contractor's bid are not part of the Omtrad Doaemenrs unless enumerated In this Agrnen,mr. They should be listed bene only if Intended In be part of the Contract DonemenhJ None This Agreement is entered Into as of the day and year first written above and Is executed In at least three original topics of which one is to be delivered to the Contractor, one in the Architect for ase In the aclministation of the Contract, and the remainder to the Owner. / OWNER - (Printed JV-4q� J 4;e-ovl15 br" . i+itU 15 (Printed name and title) AIA DOCUMENT AM a OWNER (!ONTRACTOR AGREEMENT • TWEI.FTII EDITION a AIA- a ®1987 1 IIF. AMERICAN INSTITUT.OF ARCIIITECTS, 1735 NEW YORK AVENUE. N.W., WAST IINGTON• O.C. 2n006 A1014987 8 ATTESApproved as }r� m and Contents City �ClerkCity Clerk G Charles I. Nash, City Attorney 9.8 The Contractor shall review, 21MINove and submit to the Architect Shop Drawings, Product a, Samples and similar submittals required by the Contract tbcuments with reuon- able promptness. The Work shall be In accordance with approved submittals. When professional certification of per- formance criteria of materials, systems or equipment isrequired 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 the premises and surrounding arca free from accumulatlon of waste materials or rubbish caused by operations under the Contracrt At completion of the Work the Contractor shall remove Froin and about the Project 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 die Work in preparation and progress wherever located. 9.11 The Contactor shall pay all royalties and license fees; shall defend sults or claims for Infringement of patent rights and shall hold the Owner harmless from loss on account thereof, but shall not ie responsible for such defense or loss when a particular design, process or product of a particular mmiufae- tlrer or manobcwrers fs required by the Contract Documents units" the Contactor has reason to believe that there Is an Infringement of patent. 9.12 To the fullest aunt permitted by law, the Contractor shall Indemnify and hold harmless the Owner, Architect, Archl- tect's consultants, and agents and employees of any of them 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, darn. age, loss or expense Is attributable to bodily Injury, sickness, disease or death, or to Injury to or destruction of tangible prop- erty (other than file Work IEstlf) Including loss of use resulting dietcfrom, but only to the extent caused In whole or in pan by negligent acts or omhslons of the Contractor, a Subcontractor, anyone directly or Indlfectly employed by them or anyone for whose acts they may be liable. regardless of whether or not such claim, damage, loss 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 ollietwtse exist as to a party or person described in this Paragraph 9.12. 9.12.1 In c91ms against 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 Indemnl0c2- tion obligation under this paragraph 9.12 shall not be limited by a IUnllmion on amount or type of damages, compensation or bcnents payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acs, disability benefit acts or other employee benefit acts. 9.12 shall not extend to the liability of the Archltecl clll- tea's consultants, and agents and employee any of them arising out of (1) the preparation of ap of maps, drawings, opinions, reports, surveys, ge Orden, Construction Change Directives, dell specl0cadons, or (2) the giving of or the While to recthons or Instructions by the Architect, the Archlt ' consultants, and agents and employees of any of rite uvided such giving or While to give 1s the primary ARTICLE 10 ADMINI,. , RATION OF THE CONTRACT and will be die Owner's representative 1 nstruakor, (2) until Mal payment Is du elf, the Owner's concur. fence, from 1 0 uring the correction period described 10.2 Tire Ree-T+if 6zill visit the site m Intervals appropriate to tire stage of construction to become generally familiar with the progress and quality or the completed Work and in determine In general If the Work Is being performed In a manner IndiCat- Ing that the Work, when completed, will bin ac fgance with the Contract Documents. Ito wes•er, the ll not be required to nuke exhaustive or continuous on Inspections to check quality or quandty of the Wor O 1 b I of o site observations � :ham the ,�wll -9waer hiformcd of progress of the Work and will endeavor uo guard if @ 9%=ier against defects and deficiencies In die Work. wfil not be responsible for construalon means, nice -, teal- nlques, sequences or procedures, Of for sea ecautions and programs In connection wilt die ' since these are solely the Contractor's rtspoas u provided In Paragraphs 9.1 and 16.1. The W)kttf will not be responsible fon file CofIN3C tor's fall calry 0111 the Work In accordance with the Con - t7 the Comr3clor's Appucadons i ie Architect willrevih [y-tf ioums due the Contactor and will nti111C.M. felt P'aynrerrc�rT'sa'++'a*"ser^a" Ing -crformance undo and rcqulrtmerts of the Cranna , ltcu- ments on written request of tidier the Owner ontracmr. The Architect will nuke Initial decisions o claims, disputes or other matters In question between Owner aid Cotten[ for, but will not be liable for I s of any Imelpreutinns or decisions rendered In gu th. The Architect's decisions In matters relating to are c effect will be final If consistent with the Intent exp, In the Contract Documents. All other (feel sions of I rchltect, except those which have been waived by ng or acceptance of final payment, shall be subject Io 10.6 The Architect will have authority to reject Wotk which does not conform to the Contract Documents. 10.7 The Architect will review and approve or take other approprhte action upon the Contractor's suhmlttals such as Shop Drawings, Product Data and Samples, but only fir the limited purpose of checking for conformance with Information given and the design concept expressed In the Contact Documents. II clahos or disputes between the CumaCtnr and Owner IS out or relating to the Cumact, tar acach thereof, shall ecided by arfiltatllnl II t Mitre will' tilt Cunsituction Industr Irsdu e% or the American AIN talon Association Curren (feet unless the parties nuno ally agree otherwise • subject 10 • tial prescnation of the claim or dlsp o the Architect as rtqulr under 1'aagraph 111.5. Not - of the demand for arbitration shu • Mind in %cFit- Ing w the othcr party W this Agreeititiil'and WI it Anitti Arbitration Assoclatiun and shall be nude MIt a ••ani able time after the dispute has arisen. The awanl renJCres AIIIIAEVIATED OWNER CON I RAOI OR MMEMENI'• NIN III toll 10"- "A' ' ""' 711E AMETIV AN INs111111E. of ARCIIIIECTS, 1731 NEW YORK AVENUE. NW. W'ASNINIiIOS. UC 4xexi 1 r....o..ni , n1A) „ er red upon It in accordance with appllcablr law In any r< h3vU misdicilon thereof. ExcepLAW wrltten eonse the person entity sought to be joint, 3 mbltntio sing out of or rel I to the Contract Documents shag ude, by con. solida ion, Join r or In any other manner, person or entity not a party to tit Agreement under h such mbltration miw, unless It is sh n at the time! demand for arbitration Is Ned that (1) such per n or in i substantially Involved In a common question of 6c r,l (2) the presence of such per. son or entity h requlred If lete relief Is to be accorded In the arbitration, (3) the "crest o esponslblllty of such person or entity In the mat i h not Insub tlaf, and (4) such person or entity B n - the Architect or of the Arrhitect's employees 'consultants. The igreemer lerebh among the parties a Agreement and any other Willi agreement to arbl a referred to herein shag be speclncag enforce -able er applicable law In any court having jurlsdicilo hereof. ARTICLE 11 SUBCONTRACTS contract with the Contractor to perform a portion of the it the site. 11.2 Unless otherwise stated In the Contract Docu fents or the bidding requirements, the Contractor, as soo practicable after award of the Contract, shall furnish writing to the Owner through the Architect the names the Subcontractors for tach of the principal portions of if ork. The Contractor shall not contract with any Subcorl clot to whom the Owner or Architect has made reasons and timely objection. The Contractor shall not be req ed to contract with anyone to whom the Contractor It made reasonable objection. Con- tacts between tie C tractor and Subcontractors shall (1) requlre each Sutxo ncmr, to the extent of the Work to be performed by rah ubcontractor, to be bound to the Conine - for by the to s of the Contract Documents, and to assume toward tit-ontnctor ail the obligations and responsibilities which Contractor, by the Contract Documents, assumes tow the Owner and Architect, and (2) allow to file Subcon- i or fie beneni of all rights, remedies and redress afforded to ARTICLE 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS Operations related to the Project with the Owner's ow es, and to award separate contracts In connection other por- rioas of the Project or other construalu pentons on.the she under conditions of the cont erlticil or substantially similar to dose, huludln a portions related to Insurance andwaiver of subr n. If the Contractor claims that delay or addition is Involved because of such action by the Own a Contractor shill make such claim as provided else. 1t: tractors reasonable opportunity for the Intr d stor- age torage of their materials and equl performance of their activitles, and shill d coordinate the Contractor's comn"LIS11orifirrTapermirini with thele airequlred by the Con- 1A.e wsls uuscd by delays, uuprulxrly dnwd acllVhics or defective construction shill be bome by the party responsible therefor. ARTICLE 13 CHANGES IN THE WORK 13.1 The Owner, without Invalidating the Contract, m3v nrdcr changes In the Work consisting of additions, deletions or mndl. fications, the Contract Sum athd Contract Time being adjusted accordingly. Such changes In the Work shall be audrorized by written Change Order signed by the Owner. Conuxlor and Architect, or by written Construction Change Directive signed by the Owner and Architect. 13.2 The Contrac) Sum and Contract Time shall be changed only by Change Order. 13.3 The cost or credit to the Owner from a change ill 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 Coo- tractor confirms that tie Contract Time Is a reasonable period for performing the Work. 114 7 rh*-datu-0LSubstan r�umpkdo t h 1 ulllcrl by-shMseluleer-ln�eF . . 14.3 If the Contractor Is delayed at any time In progress of the Work by changes ordered In the Work, by labor disputes, fire. unusual delay In deliveries, abnormal adverse weadmur condi tions riot reasonably mhdclpanble, unavoldible ca<uahies or any causes beyond the Contractor's control, or by oder causes which the Architect determines may justify delay, then thr Contract Time shall he extended by Change Order for suth rca- suna I time as the Architect 0 a deenni he. Cont raetcir �h� yy� gjv Owner wr Yen lie of a such cont acts or seven TICLE Is g thheadye�ay��se PAYMENTS AND COMPLETION 15.1 Paynhents shill be made as provided in Articles ) and 5 of this Agreement. 15.2 Nymenis may be Whitfield on account of FF}-defectivc Work not remedied, (2tT1xhfT+4rd-br-tbhtbpmtier'fii'f3ilurr Of the Contractor to make payments properly to Subcontract tors or for labor, materials or equipment, (rf)-tr=maw,,v'r Bene -that-she Work fir-unpsaid-MAF "n^' 'he G0^I b+tn441 danuge to the Ors ncr tar 3nulhcr contractor, Comptied -w'flhfn-tf+e-6onsrsee sgerferehe-snekipated-deity-er-f4}persLtent fillutc W carry out file Work In accordance with the Contract Documents. 1 i.l—s7trher�ahe-ArehhceFagrrrs-alwl-1 he -Werk -h- 6ul+ntxltu,d/1 compleze,-.tho�Au;hhect-t.Atf_149u0a._6prdptur,t-.eN;ubsn�nµtL 15.1 Flnal payment shill nut become der until the Cunl ractor his delivered to file Owner a ceimpiete reimse of all Ileus arislog out of this Contract or rcccllits In full covering all labor, uutc. rl3ls and equipment for which 3 Ile" could be filed, fir 3 Ixmd satlsfactory it) the Owner to Indemnify the O%ncr 3giinst such AUBREVIATEDOWNERCONTMCTORAGREEMErrT•NINTIIEUITION•AIA* •919H) Ill[ AMERICAN INSTITUTE Of ARClu TECTS, Ilan NEW YORK AVENUE, NW., WASItINCTON. O.C. 21xx16 .1U Ilei. If such gen remains unsmisOed.afier payments are made, tire Contractor 511211 refund to th, rner all money that die Owner may be compelled to pay tri discharging such lien, Including all costs and reasonable attorneys fen. claims by the Owner except those arising from: .1 gens, claims, security Interests or encu ces orb• Ing out of the Contract and unseal .2 failure of the Work to comfiltwith the requirements of the Contract DcK l3illor .9 terms of special war les required by the Conflict Documents. Acceptance of In ayment by the Contractor, a Subcontrao tot or mater rppller shall constitute a waiver of claims by that pay sept those previously made In writing and Identl- Oed that payee Is unsettled at the time of Mal Application ARTICLE 18 PROTECTION OF PERSONS AND PROPERTY 16.1 The Contractor shall be responsible for Initiating, maln- raining, and supervising all safety precautions and programs In connection with the performance of the Conflict. The Con- tractor shag rake reasonable prenudons for safety of, and shad provide reasonable protection to prevent damage, Injury or loss In: .1 employees on the Work and other persons who may be affected :hereby; .2 the Work and mmedab and equipment to be Incor- porated thereto; and .9 other properly m the site of adjacent thereto. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and Lawful orders of public 2whiorldes bearing on safety of persons and property and their protection from damage, Injury or loss. The Contractor $11211 promptly remedy damage and loss to property at the site caused In whole or In part by the Contractor, a Subcontractor, a 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 is responsible under Subp2r2- graphs 16..r2 and 16.1.3, except fat damage or loss attributable In acts or omissions of the Owner or Architect or by anyone for whose acts either of them may be 113ble, and not attributable to the fault or negligence of the Contractor. the foregoing obllga- tions of the Contractor are In midldon to the Contractor's obll- gatlons under Paragraph 9.12. 16.2 The Contractor shift not be required to perforin without consent miry Work Wiling to asbestos or polychlodnmed biphenyl (PCB). ARTICLE 17 INSURANCE 17.1 The Contractor shill purchase from and maintain In a company or companies lawfully authorized to do business In the jurisdiction In which the Project is located Insurance for protection from claims under workers' or workmen's compen- sation acts and other employee benefit acts which are appllc. able, claims for damages because of bodily Injury, Including death, and from claims for dimities, other than to the Work Itself, to pmpcur which may mt5e out of or result from the Contractor's c Mons under the Contract, whether such operations be by the Contractor or by a Subcontractor or any. one directly or Indirectly employed by any of them. This Insur- ance shall be written for 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 mice appllcable to tire Contr2ctor's obligations ander 11aragreph 9.b .Mmes of such Insurance shall be filed with the r to the commencemegj of the Work. 17.2 The Owner shall be responsible for purchasing and maln- talning the Owner's usual liability Insurance. Optionally, the Owner may purchase and maintain other Insurance for sclf- protection against elilms which may mise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liabllIty Insurance unless speelficilly required by the Contract Documents. Cion actor 17.9 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 full Insurable value IhercoL This Insurance shall be on an all- risk policy form and shall Include Interests of the Owner, lire Contractor, Subcontractors and Subaubcomraciors In the Work and shall Insure agalnst the pedis of lire mrd extended coverage and physical loss or dmngge Including, without duplb cation of coverage, then; vandalism and malicious mischief. 17.1 A loss Insured under Owner's property Insurance shill be adjusted with the Owner and made payable to the Owner as fiduciary for the Insureds, Is 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 Com traaar before an exposure to loss may occur. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 3U days' prior written notice has been given to the ConlraUor. 17.6 The Owner and Contractor waive all rights against rich other and the Architect, Architect's consultants, separate call - tractors described In Article 12, If any, mid any of their subcon- tractors, sub -subcontractors, agents and employees, for dmn- ages caused by lire or other perils to tine extent covered by property Insmance obtained pursuant to this Article 17 or arty other property Insurance applicable to the Work, except such rights as they may have to the proceeds of such Insurance held by tie Owner as fiduciary. The Contractor shall require similar waivers In favor of the Owner and the Contractor by Subcom tractors grid Sub subcontractors. The Owner 51,211 require shill - far waivers In favor of the Owner and Contractor by the Archl tett, Architect's consultants, separate contractors described in Article 12, If any, mid the subcontractors, sub -subcontractors, agents and employees of any of them. ARTICLE 18 CORRECTION OF WORK 15.1 The Contractor shall promptly correct Work-rejeeted-by- dIe-Ascfrhta of falling to conform to the requirements of the Contract Documents, whether observed before or after Sub- stantiil Completion and whether or not fabricated. Installed or completed, and shall correct any Work found to be not ht accordance with the requirements of the Contract Documents within a period of one year from tine date of S -AIM -11A Cum- ARRREVIATEOOWNERCONTRA(:TORAGREEAIENT•N1tIT11EO1TtON•AI.Sr •'�1'�M7 111E AMERICAN INSTITUIE Of ARCIMECTS. 1735 NEW YORK AVENUE. NW, WASNINGION. nC. mMMIG 11 rIctlon of file Contact or by terms of an applicable spry Tal war limy required by the Comate Uoc""'nit• The plovbbnl of this Article 19 apply fo Work done b, .,ibconIf2dot/!1 Wet b to Work done y direct employees of he Contactor. 19.2 Nothing conuloed In this Article I a shag be construed to estsbllsh a period of Ilm"don with respect w other ob9getlons which the Contractor might have under he Contrail DOCU' meats. Establlshment of he time period of one year it described In Paagaph le.l relates only to file specific obllga' tion of the Confacrof to correct lite Work, and has no rebtlom ship to the time wlthln which he obll``mlon to comply with the Contact Documents may be sought ib be enforced, not to the time within which proceedings may be commenced to estab- lish he Contractor's I12billfy with respect to he Connector'i obligations other damn sPecificAy to collect the Work. ARTICLE 19 MISCELLANEOUS PROVISIONS 19.1 the Contract sh211 be govemed by the law or the Place where the Projrct Is located. 19.2 As belween the owner and the Contr2clot. Illy 2PPg. able statute of Ilmhmbns shag commence to run 2nd 2ny alleged nose of action shill be deemed to have Iccnted: A not later thin the date of Subs12nd2l Completion for ecu or bllures 10 Ict occurring prior to he idevml dine of Suhstanilal Completion; .2 not later than file date of bnrmtce of the final Certlfi Cate for ruyntent for Icu of fAlures In 2cl occurring subsequent to the rclev2m date of Subsunllal Com plrtion 211.1 pilot to Issuance of file anal Celunc2te for P2ynsrnt; 2nd 9 not htrs than the d2le of the rdev2nl acs or failure 10 art by lire fnntaclor rot acts or falhoes to tet occur ring altrr t date of the Nvi Cettficate for Payment. ARTICLE 20 7ERl, ,Allo" OF ?IIF CONTRACT 114.1 it lite Architect Ms to of ;o drys through no fault of the Cunaa lolr,uOrIt he pallid ner 1,01 10 make payment thereon rot 2 period of So days, rise Con" tactor may, upon seven rddhloml dayi wrinen notice 11) rhe Owner and due Architect, tennlnafe rise Conflict slid recover Mont the Ownet payment lot 211 Work executed Ind for proven loss aids respect w ntstellsls, equipment, tools. and co nsrmcc skin equtpment and mrchlnery. Including reasonable overhead, profit 2nd daouges sppllcsble 10 the Project. 20.2 If lite Connacwr defaults or persistently falls or neglects 10 arty out the Work In accordmce will, the Conflict Duar mems or Wh to perfnmu s provision of lire Contact, rife Owner, liter seven d2yi written notice to tine Contactor and without prejudice to any other remedy the Owner may have, may mike good such denclencles and may deduct the cost thereof in expenses made necessary hereby, loom the paynse refs of theieaher due the Contactot. Ailem2ds•ell', 3t,11,aster's option, 2nd upon eenlncstlon by he Archlt at sufficient cause exists to justify such action, the Ow ntsy tennlnme lire Conflict and take possession of dl a sad of III 13cidnely equipment, wolf, mrd eonsttAK equlpmens and mxhhnery thescon owned by the Co ler and msy finish the Work by whatever method dl caner may deem expedient. If lire mtriAl balance o e Contact Sum exceeds costs of finlshhrg III' VChnk, I r Ing eompensolon for the Atchlfectb services and ex ses made necessary hereby, such excess sial' be nil o the Comuclot, bus If weir ousts exceed suds unpaid frau file payment then or t]iereafter due the Oontr, e failure of actor, or if thee tch exceed oontractor involves items U cog tracEorfthlrtyi(30)als alabornd dayswritten notice to cure $1,000.00, Owner may 9 ive air, if lot Sol cured within that time, owner may term' -tate this contract inmediately. AII2lVIAT[D U W N[I CONTMCT Ve nu' will AMIxICA14 INItn UTt O[ AtCIPTICT1. 1755 NIW YORK •MNT11 [INl10N•AIA• N W. WAsl11NCiON, n C 12 ARTICLE 21 711JEn CONDITIONS On PFiOVISIONS^ 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 v of the day and ynr Urst written above. (Printed nems J �� S�•-dam/is and title) /p ABBREVIATED OWNER CONTRACTOR AGREEMENT•"1"111 EDI TION•AIA' ^bo"I TI 1110 N TITOTE dE ARCNITECTS, ITSS NEW YO7o,:r 11F, NW'. WAMIONGTON. DC. 1uu. `J Approved AS tom i�nd Content ty C r c 13 Charles I. Nash, City Attorney LWRI MA STATI,TFS• ON PURLIC ENTITY CRIMES I HIS FORM MUST L AGNED IN THE PRFSENCE OF A N tRl' PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. ibis sworn statement Is submitted with Bid, Proposal or Contract No. for Z. This sworn statement is submitted by --- , [name of entity submitting sworn statementl whose business address Is (if applicable) its Federal Fmnt,ryer Identlflcation Numher (FEIN) is (If the entity his no FEIN, Include the Social Security Number of the Individual signing this sworn statement: ) 3. My risme 6 �and my relationship to the IPfe print name of Individual slgnlntl entity named shove Is 4. f understand that a 'public entity crime• as defined In Paragraph 287.133(1)(1), Florida Statutes. means a violation of airy state of federal law by s person with respect to and directly related to the transaction of business with any pubtle entity of with an agency or political subdivision of any other state or with the United Stales, Including, but not Iltnfted to, any bid or contract for goods or services to be provided to any public entity or an agency or pOUdW subdivision of any other state or of the United States and Involving antitrust, hand, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. ..---. _.. --- _ --- - — -- -•- ;. . S. 1 understand that 'co yidede or'000vfetion' as defined in Paragraph 287.133(1)(b) piosida Statutes means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of gilt, In any federal or sate trial court of record relating to charges brought by Indictment or Information after July 1, 1989, as a result of a jury verdict, nonjury ttial, or entry ai a plea of guilty or nolo contendere 11 & 1 understand that an *iMilate' as defined in Paragraph M.133(1)(s), )>kKida-Statoft meant: I- A predecessor or successor of a person convicted of a public entity crista: or 7- An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term 'attRlete' includes those officers, directors, ezccuttvd, rp*tiners, shareholders, employed, members, and agapeeneis who are active In the management of an offillaiM The ownership by one person of shares const toting a controlling interest in snother person, or a pooling of equipment or income among persons when not for hit market value under an arm's length a ent, shall be a prima ride case that one person controls another person. A person who knowingly enters Into a joint venture with s person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. 1 understand that a 'person' as defined in Paragraph 287.133(1)(e), EIQAdfLM&latter, means any natural person or entity organized under the laws of any state at 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 of applies to transact business with apublic entity. The term 'person' includes those officers, directors, executives, Partners, shareholders, employed, members, and agents who are active in management of an entity. 8. Based on Information and belle(, the statement which 1 have marked below Is true in relation to the entity submitting this sworn statement [Please Indicate which statement apptles.) Neither t ,ntlty submitting this swore statement, any officers, directors, executives, partners, shareholders, employed, members, or agents who . active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity gime subsequent to July 1, 1989- Tits entity submitting thB sworn statement, Of agents who rene of more factive ihe nflmanag directors, of executives, partners, shareholders, employed, the entity, or an 2612te of the entity lanes ledluhas been b which additloea) autemoent applies.] entity e subsequent to July t, 1989, AND F Of There has been a proerv�ln concerning the convictionfinalMal ordeore a r entered aring r red by the the date of Florida, D"100 hearing offltxr tiles not place the persoof Administrative Hearings n of afllliate 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 o[ The fiscal order entered by the hearing OMcer determined that It Adm)nistrative Hearings tson or affiliate from the convicted vendor list was In the public Interni to remove she 1Please attach a copy of the fiscal order.]pe The person or dfillate ho not been placed on the cotGam vendor jPleau desalbs any action taken by x Pers" with the Departmm t of Falgwture) STATE OF COUNTY OF pMONALLY APPEAPM) BEFORE ML, the apderalgned authority, who, & tv prst being swum by me, sinned MOM signature lname of tndlvidnal slgntngj In the space provided above on this �— day of 19 NOTARY PuRtIc Why commission expires! Form PUR 7068 (Rev. 1189) SECTION_ 02810 _ UNDERGROUND IRRIGATION SYSTEM Extent of underground irrigation system is shown on drawings. Product Data: Submit manufacturer's technical data and installation instructions. Manufacturer: Subject to compliance with requirements, provide products of one of the following: Rain Bird Sprinkler Mfg. Corp. Pressure Pipe: Comply with the following: 3" and Larger, PVC Polyvinyl Choride, ASTM D 1785, Schedule 40. Circuit Pipe (downstream from circuit valves: Comply with following: PVC Polyvinyl Chloride, ASTM D 1785, Schedule 40. Pipe Fittings: Comply with following: For PVC plastic pipe, ASTM D 2466 socket fittings with ASTM D 2564 solvent cement. Valves: Manufacturer's stanr9ar.d, of type and size indicated, on the drawings: Backflow Preventer: Manufacturer's standard, suit sprinkler system. Sprinkler Heads: Manufacturer's standard unit designed to provide 100% coverage over entire area shown on drawings at available water pressure, as follows: Flush Surface: Fixed pattern, with screw-type flow adjustment. Bubbler: Fixed pattern, with screw-type flow adjustment. Shrubbery: Fixed pattern, with screw-type flow adjustment. pop a Fixed pattern, with screw-type flow adjustment and stainless steel retraction spring. pop -Up Rotary Spray: Gear drive, full -circle and adjustable - part -circle type. Valve Box: Plastic 1 S sy tem Design: Design Pressures: As indicated on drawings, at connection to the existing system and at last head in circuit. Location of Heads: Design location is approximate. Make minor adjustments as necessary to avoid plantings, other obstructions, or to obtain 100$ coverage. Minimum Water Coverage: Turf_ areas, 100% Layout may be modified, if necessary to obtain coverage, to suit manufacturer's standard heads. Do not decrease number of heads indicated unless otherwise acceptable to City Engineer. Trenching and Backfilling: General: Excavate straight and true with bottom uniformly sloped to low points. Protect existing lawns and plantings. Remove and replant as necessary to complete installation. Replace damaged lawn areas and plants with new to match existing. Trench Depth: Excavate trenches to a depth for proper installation of the system per manufacturers requirements. Minimum Cover: Provide the following minimum cover over top of installed piping: PVC piping, per manufacturers requirements Backfill: Backfill with clean material from excavation. Remove organic material as well as rocks and debris larger than 1" diameter. Place acceptable backfill material in 6" lifts, compacting each lift. Existing Lawns: Where trenching is required across existing lawns, uniformly cut strips of sod 6" wider than trench. Remove sod in rolls of suitable size for handling and keep moistened until replanted. Backfill trench to within 6" of finished grade. Continue fill with acceptable topsoil and compact to bring sod even with existing lawn. Replant sod within 2 days after removal, roll and water generously. Pavements and bases: Where existing pavements or bases must be cut to install landscape irrigation system, cut smoothly to straight lines 6" wider than trench. Excavate trench to required depth and width. Remove cut-out pavement or base and excavate material from the site. At walkways, jack piping under paving material if possible. Backfill with dry sand fill material, placing in 6 -inch lifts. Repair or replace pavement cuts with equivalent materials depths and finishes. rnci-allation: piping: Lay pipe on solid subbase, uniformly sloped without humps or depressions. Sprinkler Heads: Flush circuit lines with full head of water and install heads after hydrostatic test is completed. Install lawn heads at manufacturer's recommended heights. Install shrubbery heads at heights indicated. Locate part -circle heads to maintain a minimum distance of 4" from walls and 2" from other boundaries, unless otherwise indicated. Dielectric Protection: use dielectric fittings at connection where pipes of. dissimilar metal are joined. Hydrostatic Test: Test water piping and valves, before backfilling trenches, to a hydrostatic pressure of not less than 100 psi. Piping may be tested in sections to expedite work. Remove and repair piping, connections, valves which do not pass hydrostatic testing. Operational Testing: Perform operational testing after hydrostatic testing is completed, backfill is in place, and sprinkler heads adjusted to final position under the supervision of the City Engineer. Demonstrate that system meets coverage requirements. Coverage requirements are based on operation of one circuit at a time. end 02810