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Resolution 061-1980 RESOLUTION NO. 61 -1980 RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE A CONTRACT BY AND BETWEEN THE COUNTY OF MONROE, STATE OF FLORIDA, AND R. W. TAYLOR STEEL COMPANY, INC. FOR CONSTRUCTION OF SOLID WASTE FACILITIES IN MONROE COUNTY, FLORIDA. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIBNERS OF MONROE COUNTY, FLORIDA, as follows: That the Chairman of the Board of County Commissioners of Monroe County, Florida, is hereby authorized to execute a Contract by and between the County of Monroe, State of Florida, and R. W. Taylor Steel Company, Inc., a copy of same being attached hereto, for construction of solid waste facilities in Monroe County, Florida. Passed and adopted by the Board of County Commissioners of Monroe County, Florida, at a. regular meeting held on the 11th day of March, 1980. BOARD OF COUNTY COMMISSIONERS OF MONRO~,/eoUN'r}' FLORIDA ~,. /' ,r ,./~ I ~; '.i By (((~ . .' G ~__., .- C ~rman (Seal) Attes t./ ----- ( ./ ~2;? 6~f< APPROVED ON 8(j;j;< .,~~ U ,'1-(I-JtD - -. ., ..4PJIIll!IO* A8 'ttI1QW ~" ar rA' ~~_. ~"'.t OfficI"! . .. PAGE /;? .. J ~ ( '...';...."....... ~........."'....-:--. '.~ "....,~-,-'""..... \ . ,~~~,~~~~.Jiiii~~~,~::.~?,'~.'"'~~~~~-:.:~~..~::~j~:i:r:"':!)f;;;;t~~~-::~'~:.;~.~'~,~'7<'1r~~~~;~~I~~.:.,:~.-;i;-..t~~~~..~"t," ::;~\:~~.'~{.~1-_, ,/ '. r I '~J~~Jr~~tf~~~~~~:;r:.~'::'"}r~':-U'-::..~""'..""....":" c~ CONTRACT DOCUMENTS FOR r-.. -.-.-.'-" ~'/, MONROE COUNTY INCINERATOR PROJECT f' a...)i..'. ',; .; " .. ..,~:.'~, ". '."::' ~",."/ 2.0 ',. ~it,_~;,j,~~~",/~;..-~>.,.;"".,~:<~.-f'" ..... ~ - "',~"~"":" . ,",';- ;..:;, -'-:~::7,:'\'\r:,L:'.J '...:>!-; ~ ':-:?'-' 1__. I"...:':' :.'- . _ .:,"~,_": 'j....f,:.,; '-. , ~ ~ . --;..ti;l. . _..~ ~~("~~'~'~~~"~'- ^':~.,~ ,-'''':", :.,. ~l'~.-, -.';(... n *,,--..;-...'-/ .-' ,.. .., '.~. !,-".. . _. ~'t .- .:;r'.'.' -- II CON T R ACT (- THIS AGREEMENT, made and entered into the day of ,19____,A.D., by and between the Board of County Comm~ssioners, Monroe County, Florida, party of the first part (hereinafter sometimes called the Owner), and R. W. Taylor Steel Company, Inc., Odgen, Utah, party of the second part (hereinafter sometimes called the Contractor): Witnesseth: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE 1 - SCOPE OF WORK The Contractor shall furnish all labor, materials, equip- ment, machinery, tools, apparatus, and transportation and perform all of the work shown on the drawings and described in the Contract documents, to provide: a. A solid waste disposal facility at a site located on Long Key consisting of equipment as described in Appendix A. b. A solid waste disposal facility at a site located on Key Largo consisting of equipment as described in Appendix B. c. A solid waste disposal facility at a site located on Cudjoe Key consisting of equipment as described in Appendix C. ( ARTICLE 2 - THE CONTRACT SUM The Owner shall pay the Contractor for the faithful performance of the Contract, in lawful money of the United States, and subject to additions and deductions as provided in the Contract Documents, the aggregate amount of, Five Million, Two Hundred and Seventy Five Thousand, Seven Hundred and Sixty-One Dollars ($5,275,761.00). ARTICLE 3 - COMMENCEMENT AND COMPLETION OF WORK a. The Contractor shall commence work within ten (10) calendar days after receipt of Notice to Proceed. The parties agree that the work shall be authorized in phases as set forth in Appendix D attached hereto. Each phase of work shall be authorized in writing by the Manager of the Municipal Service District who is hereby designated as the Owners representative pursuant to Article SC.l contained herein. If work is not authorized in a timely manner, by the Owner, the parties agree that the Contractor shall be compensated for all such delays and shall be granted additional time to complete the work. b. The Contractor shall prosecute the work with faithfulness and diligence and shall complete the work not later than 365 calendar days after receipt of Notice to Proceed. c; '--l ~. .-' .., -c-,,"... , .' ," '," - "-' .,,-.. ,~*~;;.~;;':~~~".~1';l,...-~....~_'..:J>,":' i~~~~i;~~~~;.~'~~,:~ .' ";':', c"'- "_'~:"':"'~<' '.t~~t~~::"1;~.,~~dJ.,.,~~.,' ~:,:~..r ;:~;:A~~,:,~:.1':f;:~J;'f.r~."~~~~~;~';;:' ," " < v ...... ~ ";"'V"''',~'''~-':-O' - ~~-:'~6It.~1'-"'" -."i'<"",:;C". . ;;.~..:_.._. -~,-".,., -.' "...... ". ,:~ ,.~~"f!I!itii~~.;A..~~....l_I~w:.~~'..f__""'"..loi.,...:.w,"!....,"';\~.."'."'-~'t.":::",.",.~,,,.,1, .,........"".,.~I.;..AI.."""'.'I/l1O(_..,. /.-- .,\' '\.,,' ;~~qI:-~t:W1' ~'-".7~-r....... c. The Contractor shall submit a projcet schedule thirty (30) calendar days after receipt of Notice to Proceed. ( ARTICLE 4 - CONTRACTORS ACCEPTANCE OF CONDITIONS The Owner will provide the Contractor with the design drawings and specifications on the incinerator and office facilities prepared by Post, Buckley, Schuh & Jernigan, Inc., and the design drawings and/or specifications prepared by Waste Management, Inc. The Contractor will take these drawings and specifications and pre- pa~e construction drawings adequate to allow construction of iriciner-~ and office facilities and/or solid waste transfer facilities %eeting the needs and requirements of the Owner, at the proposed construction sites on North Key Largo, Long Key and Cudjoe Key. The construction drawings prepared by the Contractor will be coordinated and submitted to an authorized representative of the Owner for approval prior to construction. The parties agree that during the term of the Contract Mr. Roger Whitaker of R. W. Taylor Company will be the project manager and Mr. Winfield Scott will be the project consultant. c......... . ','_. It is distinctly understood and agreed that the passing, approval and/or acceptance of any part of the work or material by the Owner, or his authorized representative as in complaince with the terms of this Contract and/or of the drawings, plans and specifications covering said work, shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and/or the drawings and specifications covering said work; and the Owner may require the Contractor and/or his surety to repair, replace, restore and/or make to comply strictly and in all things with this Contract and the drawings and specifications any and all of said work and/or materials which within a period of one (1) year from and after the date of passing, approval and/or accep- tance of any such work or material, are found to be defective or to fail in any way to comply with this Contract or with the drawings or specifications. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subject to normal wear and repair or replacement before their condition is discovered. The Contractor shall not be required to do normal maintenance work under the guarantee pro- visions. Failure on the part of the Contractor and/or his surety, immediately after notice either to repair or replace any such defective materials or workmanship, shall entitle the Owner, if it seems fit, to replace or repair the same and recover the reasonable cost of such replacement and/or repair from the Con- tractor and/or his surety who shall in any event be jointly and severally liable to the Owner by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the drawings and specifications. / ' \...:; Warrantees on standard manufactured equipment such as front end loaders, scales, and similiar type equipment will be procured from competent, recognized manufacturers, and their standard warrantees will be provided to the Owner. C-2 2.).. /' ,\!oj ( '-._' .",.~.,;.. "-' -... '.', -",.. - ".,~.., ."','~""~' "'.'. "''''' ....-............., ' .-"', , ., .,.,..'-..... ".;..~.l' .~:;.<;.i.~<. "' '1,j' '''-'>i, J~~..: .;- S_..:...~;~''(,'~ /' ARTICLE 5 - LIQUIDATED DAMAGES (r-: - ) a. It is mutually understood and agreed that time is of the essence of this Contract and should the Contractor fail to complete the work within the specified time, or any authorized extension thereof, there shall be deducted from the compensation otherwise to be paid to the Contractor, and the Owner will retain the amount of Three 'Hundred Dollars ($300.00) per calendar day as fixed, agreed, and liquidated damages for each calendar day elap- sing beyond the specified time for completion or any authorized extension thereof, which sum shall represent the actual damages which the Owner will have sustained by failure of the Contractor to complete the work within the specified time; it being further agreed that said sum is not a penalty, but it is the stipulated amount of damages sustained by the Owner in the event of such default by the Contractor. b. For the purposes of the Article, the day of final acceptance of the work shall be considered a day of delay, and the scheduled day of completion of the work shall be considered a day scheduled for production. ARTICLE 6 - BOND, INSURANCE AND WARRANTEES c: The Contractor shall provide the following: a. A,lOO% Performance and Payment Bond. b. $1,000,000 General Liability Insurance Coverage. c. Builders Risk Insurance Coverage. ARTICLE 7 - PARTIAL AND FINAL PAYMENTS In accordance with the provisions fully set forth in the General Conditions, and subject to additions and deductions as provided, the Owner shall pay the Contractor as provided below: a. Within 30 days after receipt of the Contractors request for partial payment by the Owner, the Owner shall make partial payments to the Contractor, on the basis of the estimate of work as approved by the Owner's representative, for work per- formed during the preceding calendar month, less ten percent (10%) of the amount of such estimate which is to be retained by the Owner until all work has been performed strictly in accordance with this Agreement and until such work has been accepted by the Owner. b. Upon submission of the Contractor of evidence satis- factory to the Owner that all payrolls, material bills and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, and also, after all guarantees that may be required in the Contract Documents have been furnished and are found acceptable by the Owner, final payment on account of this Agreement shall be made within sixty (60) days after completion by the Contractor of all work cbvered br this Agreement (,:':1 ~'I C-3 ,,' 2...5 .~\~.~~':~;<"""":';'~;'~~'~."'<:'j,~-.'~ ," ..',"*/,~ _ ,,~, ''''T':,:. ~.:..;o.;,..., .......:-..' ..~... .t:'~":'~~~~"'~.IC~~'L". J':;,,6;",;~i;:-.";~:~,.,,,~.,:\,~>~: J;;:,";" C " " : ,~~ I. , "~~",'l'\:!lo/~"""""",.,, ,),"'"M.~~.,",~"~,.,, ,7-, - ' ,,,~!tr ",__tJii!lif._',(~~)lf.l'l~~~.~""'!'~'t-,,.,,'!,.,,,,,,. -', (: and acceptance of such work by the Owner. ARTICLE 8 - PE~1ITS The Contractor will provide all Federal, State and local permits necessary for the construction and/or operation of the facilities except as set forth in the General Conditions attached hereto and made a part hereof, Article G-13. ARTICLE 9 - ADDITIONAL BOND It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Contract Bond hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at his expense, and within three (3) days after receipt of Notice from the Owner to do so, furnish an additional bond or bonds, in such form and amount, and with such sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed due to the Contractor until such new or additional security for the faithful per- formance of the work shall be furnished in manner and form satisfactory to the Owner. ARTICLE 10 - CONTRACT DOCUMENTS The Contract Documents are as fully a part of this Contract as if herein repeated and they shall include the following: a. Attachment 1 - General Conditions b. Attachment 2 - Special Provisions c. Appendix A d. Appendix B e. Appendix C f. Appendix D - Phase Work c. 2-l;f ~.~. '. . , ",,:~~~~;~~:~~';;4.::~M.'l",J~'" W~..~ ~, . d. ,-::~\:-~A,:.".:..~,',.;.:(:": ~:.?/., \ ,_~~_"k""f""""""'A~'- l., ;.-l\!I..:;,,,-, ~~~:""""''':-''''-'' " ~..-.,. ',,~. '.; ;'"I'_.':'~ f l '- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written in three (3) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original Contract.* //."7 ,,/ P ,// ,,' / /, 1 "?-o/ ~/ ,,/j1 w<1//~ :1.4- ;Attorney for fbnroe County Board of County Commissioners Monroe County Party of F'rst Part , By: ~--- Approved as to the correctness of form: Title At-te2sc' 1 / ' \,.., ", Lk~.c'4~ ';'/" County Clerk Board of County Commissioners Monroe County ( '-., R.W. Taylor Steel Co. par~Of the ~econd Part By: l.,,-t~l)..._ ~f~\~-- r, V ~'--t~-tJ- Title *In the event that the Contractor is a Corporation, there shall be attached to each counterpart a copy of a resolution of the Board of Directors of the Corporation, authorizing the officer who signs the Contract to do so in its behalf. l C-s 2-5 ( ~::,~~:~Z.7;:;.Z:~~~.;~i~~~~~j~":" : ;~,i~{:'~. ~" I t:;k,.'..k.r'h:,""',;'~~~~, '......,....., .;.".......', .~ ..'~,',f'....wi'f,'..,.. '\>'.....A.,~.,-.. I. .~~:~"">:~.~i':..~~~~'\,--..,.. p "'<I'~>C'! > .":.::--...~.~\ '."A:.ftd -~ .~':, ....,~ : -'&\ ;;-~1 ':~':~.~~ ;...~:/J; .' ,~:.~.'(;;. ;/ .:; .c_:~,,' - -""iJtif;\ . , .~.:L."";.-. ~" . ~-""'_'~' ,'Jd,"J"''';''' '.. :~Jf" . - ,- . :' .. ~ . I . ,/ /' .r r ,~ -~. . '" CONTIV\Ci BOND c' STATE OF FLORIDA COUNTY OF ) ss ) KNO\'; ALL ~lEN BY THESE PRESL;-..JTS th~t R.W. TAYLOR STEEL CO. as Principal, hereinafter called Contrac- tor, and INDUSRIAL INDEMNITY COMPANY as Surety, hereinafter called Surety, are held and firmly bound unto ~~JlrOe County, Florida, as Obligee, hereinafter called Owner, in the amount of 'RTVE MILLION TWO HUNDRED AND SEVENTY FIVE Dollars [$ 5,275, 761. ~O THOUSAND SEVEN HUNDRED AND SIXTY ONE DOLLARS for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agree~ent dated 19_, entered into a Coatract with Owner for: Incinerator Projects (- ~~nroe County, Florida In accordance I~i th Dnll'Jings and Specifications furnished by ~lonroe COllnty, Florida, which Contract is by reference made a part hereof and is hereinafter referred to as the Contract. or NO\v, TlIEREFOI~E, TIlE CO:-\DITIONS OF TllIS OBLIGATI00: :\](E SUClI that if the Principal shall in all respects comply loJith the terms and conditions of said Contract and his obligations thereunder, including the Contract Documents ("hich includc, Notice of Calling for Bids, Instructions to Bidders, Proposal, Bid Security or Bid Bond, Contract, Contr8ct Bond, General anu Special Condi- tions, Specifications, Addenda and Dra"ings), therein referred to and made a part thereof, and sllch alterations as may be made in said Drall'ings and Speci- fications as therein provided for, and further, if such "Contractor" or "Con- tractors" shall promptly make payments to all persons supplying him, thei~l, or it, lahor, material and slIppl ies llSCJ directly or indi rL'ct ly hy said Contrac- tor, Contractors, Subcontractor or Subcontractors in the prosecLltion of the lI'ork !H'ovided fol' in 5:1 Lcl Cl)ntl'act, this ohlig:ltlon sh:lll be \'oicl, Lithcl'lIise, the I'rincip:tl and Sun't)' jointly :ll1d severally :lgrcc to pa)' the (1\..11c1' :111)' dif- ference between the slim to I~hich the said Principal \Vollld he entitled on the completion of the Contract, and that sum loJhich the O\\'ner may be obliged to pay for the completion of said Iwrk by Contract or otherwise, and an)' damages, di- t IF-l 2.(" -I-.e ~:..Jr~o:i'~~~~~~>:';~~:'':'>t'f~;.~ ~! ':-'~':"':~'~ ,~":,~ ;,~ : . .,.,.1. .~>",'::. ~9;"-:','.: ;.~:.,,{::):~ i ,;...."'\,. ;~.....\~\~1~~~f~~~M:.:':~r"".~' l~" .~. ~,U ~:'J~';';',d~.""~'1 ~ "*:~ . .'~ 11".,.,i,',~,,' . ~' /' /' , .. .-.-J",":.'..; ,:.,.,........~ ..~_" ~.-~-, ~.~.,:~.:.<:_<<!~.-~'~':.~;,';;':i..;..~:.). :..-~........:.':;.j :(' .<: ,>,':"'1."~., ' rect or indirect or consequential, which the said O""ner mdY sust.Jin on account '.of such work, or on account of the failure of said Contr::Jctor t.o properly and C n all things, keep .:lnd execute all of the provisions of said Contract. And the said Principal and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns jointly and sever- ally, to repay the Owner any sum which the Owner may be compelled to p.JY be- cause of any lien for l.Jbor or material furnished for the ",'ork embraced by said Contract. And this Bond shall remain in full force and effect for a period of one [1] year from the date of acceptance of the project by the Owner and shall provide that the Contractor guarantees to repair or replace for said period of one [1] year all work performed and materials and equipment furnished that were not performed or furnished according to the'terms of the Contract, and shall make good, defects thereof which have become apparent b~fore the expir- a tion of said period of one (1] yea r. I f any pa rt 0 f the proj ect, in the judgment of the Owner, for the reasons above stated needs to be replaced, re- paired or made good during that time, the Owner shall so notify the Contractor in writing. If the Contractor refuses or neglects to do such work within five [5] days from the date of service of such ~otice, the Owner shall have the work done by others and the cost thereof shall be paid by the Contractor or his Surety. And the said Surety, Ior value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Con- tract or to the work to be performed thereunder or the specifications accom- C uanying the same shall in any \oiise affect its obligations on this bond, and it does hereby \oiaive Notice of any change, extension of time, alteration or addi- tion to the ter~s of the Contract or to the work or to the Specifications. t-- IF-2 2-' C'" -.'''':t,..7.~~~~'~~:~L.;"''. -.~;'~} :,":,''':;:.:';<'.~! ~: ,",~~"~:,,,:;t~~~';'::''''i: ,',~~- ....:'~~-"..,.". . \ \ .;-~~~~"'" ';' ......,,,.. ""-::,'-'"'li,~~:~... '."f :,~...;"..':'. ';'-, -. ,.....':"'_~..r- "".w ..."<,.~' ,.::<';:~\;. ~'~.,:,.'.~' :~'~:-,::,!,:~""> . - k' .,. . IN WITXESS \.jJ[[I\EOF, the dbove b'Juilued parties executed this inslrumellt under their several seals, this 26thll.1y of February 1980, ,\. 0., the name and corpora te sea 1 0 f eachcorpo rd te party being hereto,) [fixed and C these presents duly signed by its unJersigned representative, pursuant to . j authority of its governing body. WITh~SS: (If Sole Ownership or Partnership, two [2] Witnesses required). (If Corporation, Secretary Only will attest and affix seal). . ,~-_."--:. PRINCIPAL: R. W. TAYLOR STEEL Cm,1}J ANY o :d t ........';,-^-.. 'L.O'~ ~ Signature of Autho~tzed Officer [,-Ufix Seal] ~.~~ "'~ WITNESSES: . -ik,~~L V,~ PRESIDENT Title 226 West 20th Street Business Address OGDEN UTAH City State c':; ~.,., S",URETY: ."... . in- act C. EUBANK II 536 E. 00 SOUTH Business Address SALT LAKE CITY, UTAH City Stdte FRED S. JAMES OS UTAH Name of Local Insu[dnce Agency (.."",'.....j ~-_/ ~ I"..,.~ ~'... . -;'-~~6!t_ IF-3 2.<6 __-<'~',,,"4"'" - .-...-"-..""- --,.~..,--,...._._...--....... ( ~ \.' . ~. ".",.. :,. 'r" ....,......, :......,.,: ;~.' ':,,,,>:,,",;~',.. . "',_~' i....'.:..,":;~..'..,.~ ,~..~;.r.I:"" ", /' C::1r:-1 F r C"T::S .;S TO C~;\PORr\E P;\I ;;C I PAL ( I, Vicki Cox , certify that I am the Secre~ary of the Corporation named as Prir.cipal in the within bond; that R. W. Taylor signed bond beha If President \-Iho the said on of the Principal, '...as then of said Corporation; that ,. k:loW his signature, 3nd his signature hereto is J. genuine; and that said bond .....as duly signed, sealed, and attested for <l:1d in behalf of said Corporation by authority of its governing body. /tL~~ V ~ ....Secretary Corporate Seal STATE OF FLORIDA COUNTY OF ~lOl\T}\OE (,,-,- .....- Before me, a Notary Public, duly conunissioned, qualified 3:1G ac~ing, personally appeared CARLYLE C. EUBANK II to me \o.'ell kno\o.'n, who '::leing ~y role first duly sworn upon oath, says that he is the Attorney-in-Fact, for U"',e INDUSTRIAL INDEMNITY COMPANY and that. he has been authorized by THE INDUSTRIAL INDEMNITY COr'lp ANY to execut.e the foregoing bond on behalf of the Contract.or named therein ln favor of Honroe County, Florida. ' Subscribed and sworn to before me this 26 day of FEBRUARY " 19.i9 A.D. [Attach Power of Attorney to Original Bid Bond and Financial Statement from Surety Company] N~~~ Sta te of UTAH ~ly Commission Expires: tf- 1- g3 \ \. \ G,:: ....; .~~.~. ~ ,: ~~~:.~ -- !~~~~:.i . ~it..~'.t I ...':-.~ -::-1..-:'" -,'.._:~';",;',:" --.,,,.~.:...t,_/;;':...':...':~',_:,,':...':-...',,', END OF CONTRACT BO~~ - IF-4 2...~ "~~~,,,,'\2,":.,<;;~ '.;~~:..~~~ ... .J" , ,,::~'_~"'..~;,/t:z.;.-:; ,._'l,',:;,.J.,::-.:.",_',c"'" , :"';'~" .-.... . . ,!>.~,,';;":":'''''''l.'';h, ~':"~:;: ,:,.~"" ,t;~.;::~:4t1l.-ti'i,o;;;i:~lt'.~'::;:'<'-'il,_..~:,~~. ';,':.:....... ,..~.~~-', ,...... ..;'~'.:. ';''':{:'':''~d',; ~r:"~~\""':::i~'&l~~.\~~~'>>~~9~~i:;#'~:~~IG'~i~';,~~l,i..t:'i'~':~f.(!':f.~~';""''''':',';-k',~#~~~''f;'.'''''~"" -~ ... .. ., INDUSTRIAL INDEMNITY .. ;l~ofuer of' ~ttorue!.l, #608 (,'11\1\011: all IIltl\ by tl1tst prrsrnts: HOME OFFICE' SAN FRANCISCO That l:-inUSTRIAI. I:-iDE~I;":ITY CO:\I 1',\;": Y. a corporation or~anized and existing under the laws of the St,lIc ,)\ C,t1iforni,I, and having its principal office ill the City of San Francisco, State of California, docs herehy make, constitute and appoint _________~~____-_-_-------CARLYLE C. EUBANK, 11--------------------------- its true and lawful attorney-in-fact for it and in its name, place and stead to execute on its hehalf as surety. honds, Ilndert~lkillgS. stipu lations. consents and all contracts of suretyship and to attach its corporate seal to such obligations in fa\'()r or allllhligees. provided that the liability of the Company as surety unda his authority in no one instance shall exceed the sum of __________~__________________UNLIM1TED------------------------------------ ,,_C"I", _,'. , " "c '. 1-."'- . ',{"and reserving to itself full power of substitution and revocation, ,i'" This Power of Attorney is made and executed in accordance with the Resolution adopted by the Board or Directors of I;\lDUSTRIAL INDE:\tNITY CO:\IPANY at a meeting held on the 27th day of September. 1972. reading as follows: "RESOLVED, that the Chairman of the Hoard or President or Executive Vice President or Senior Vice President of the Company, in conjunction with the Secretary or an Assistant Secretary of this Company. be and he hereby is authorized to execute. acknowledge :"', or verify ,Powers' bfAttorney qualifying selected attorneys-in-fact to act under such Powers of Attorney to execute on behalf of Industrial Indemnity Company bonds, undertakings, stipulations, consents and all contracts of suretyship. and to attach the corporate )."seal thereto;'''>' ':'i> "RESOLVED,: FURTHER, that the signatures of said officers so authorized by this Company may be printed facsimile, litho- ,<,graphed or otherwise produced, and that the facsimile signature of any person who shall have been such officer of this Company at the - 'time of such execution, acknowledgment or verification may continue to be used for the purpose hereinabo\'C stated and will he ' ""binding on this C01TIpany, notwithstanding the facl that he may have ceased to be such officer at the time when such instruments shall ,;'be issued." 'r ." '.' , I :!,'I~;ilrl witness w~ereof, INDUSTRIAL INDEl\INITY COMPANY has caused these presents to be si~ned and its corporate seal to be ':',i')'~:affixed by itsprope; officers~ at the Cityof San Francisco, California, this 3ls t day of October , 1977 . t,~i ~i::E~t~~f,iXi:;;i~)'. C',')' "", I, ,{f cq,;, ,":10 .'.,- ,'." f l;:t'j~P.::t..\T€!)\' ~ :,,; "GV 12 I".};I ''"''",,,'' , '>ei}; , :: "",~:s~~,~~~"}lf .ii' ,;':'STATE OF CALn~ORNIA'r"'}, ,,,:,<C1TYANDCOU~TYOF SAN FRANCISCO ss. ;f_ ...,..' "'A,,'f C"';,~ /<,>" ' , ',::<,'.;;,':,On this3~S,Jd.~y'of;O'ctober ' .19 77 ,before me, Mary Mueller (';:"a notary public in and for the City and County of San Francisco, State of California, personally appeared .::}\ ":.'J. G. LaPlante,>, and R. M. Gillespie ',"Xi:known to me to b~theBen'ior Vice Pres iden t'and Secretary of the corporation ",,':which executed the; within instrument, and acknowledged to me that such corporation executed the same. and that the resolution ',/i,,:referred to in thelpreceding instrument is a true and correct copy of the resolution duly passed at a meetin~ of the Hoard of Directors ;:;::'1~rori September 27 .;19.72.ancj that the same is in full force and effect. '0 X;', ",: In witness ~hereof, 1 have hereto set my hand and affixed my official seal the day and year in this certificate first above written. . "~:l'~ ',: :",;,:~:,;.;'-~':" !..IIIIIIIIIIIIII.II.IIIIIIIS'lIlIlItllI.III1I1.11II.III1! E ~~..' MARY MUELLER !: = ~-Jb '.' NOTARY Il:.JJUC - CALIfORNIA ;; :: ' !y,<;':' , 'errr & ':OlJiHr Of SAN FRANCISCO :: tary Public il d for the City and County = ...:' .My Commission Expires A~. 3. 1979 = i of San Fr' c' 'co, Slate of California . "};,!}( ,i.u....u.....~.,~.I~~:lj~:~III.lllltlllIl...ul.....II.,.i!.. .. ~.' ., . I 't~d,~\"I, \ 'L~: E':'Mulryan, . , Secretary: of INDUSTRIAL 1:\!)Et\I~rrY COMPA:oiY. '0 ,..:,Aohereb,}'}e~hf}{~~at 1 have compared the Power of Attorney granted herein and the Resolution recited herein with the ori!{inals now ';Si;~",o~~,ile}l lhe'prjn~~p'~1 office of said Company. and that the sa~e a~e ,correct tral1scripts therefrom and of the\Vllol~. of the said ,.;:,:.;;~of/glnals, ~ndthat,salsifow.er of Attorney has not been revoked but IS still In full forcel,and effect. -'0 '~. , ,':,..r~:~~:'~,/' :,- . l \'1 q;: fil'> ,I>:,~' ',. " ,\' '" - ! ('~~6,(:,;,..~'::;('1pi~I~~S;:f:~1:;~~~i;;::~::k mx ,uoh 0;"'''' "nd "'~<d th< h;,~ ' "~:i~i'~\~~f~..J~' ~~c+i';J:;'~[ "h,' '. C\ ' ':?~r.~t(' _,_' i+,: of 1:oi1>t1'-;TRIAL I:'\DE:\tNITY .19.W ~",,", 3{): "~:,,j~..~.....~:r."";1-,~)"",....*jJ _~.~ ~, .~~~- .~1:~~. <.:,,~..," ~ ;~j.~~~:~t~~;\~f::~;)i,~j~::1...,k IlJ .~~' 7 ~~~ c .....'.. ,:,..\ ."-::~,;j~ ~~:',_? ~ i,; '... >...-.:..~. . ' "-'-.- <" ~-.....,. :.~;':. " . ': ',;.: :""':.\:- .,-,,-.~. GENERAL CONDITIONS ARTICLE G-Ol ABBREVIATIONS References in the specifications to technical societies, organizations, or bodies are made in accordance with the following abbreviations: AASHTO ACI AISC ANSI ASHRAE ASHE ASTM AWSC AWWA CRSI CS DOT FS IEEE NBFU ,r' NBS \, NFPA OSHA PCA SFWMD SPR UL American Association of State Highway and Transportation Officials. American Concrete Institute American Institute of Steel Construction. American National Standards Institute, Inc. American Society of Heating, Refrigerating and Air-Conditioning Engineers American Society of Mechanical Engineers American Society for Testing and Materials. American Welding Society Code American Water Works Association Concrete Reinforcing Steel Institute Commercial Standards - U.S. Department of Commerce Department of Transportation - State of Florida Federal Specifications Institute of Electrical and Electronic Engineers National Board of Fire Underwriters National Bureau of Standards - U.S. Department of Conrrnerce National Fire Protection Association Occupational Safety and Health Act Portland Cement Association South Florida Water Management District Simplified Practice Recommendations Underwriters Laboratories, Inc. In the event that complete title and abbreviation for a society, organization or body is not listed herein, references to specificiatioru or standards of the unlisted society, organization or body will be made using the full title of the society, organization or body. ARTICLE G-02 INTENT ~~D CORRELATION OF DOCUMENTS The Contract Documents cover, with explicit prov~s~ons, all matters relating to the work which the Contractor undertakes to construct or perform in full compliance with such provisions. It is understood that the Contractor has, by personal examination and inquiry, satisfied himself as to all local conditions and as to meaning, requirements and reservations of the Contract Documents, for, after the award, no deviation will be allowed from the Owner's Engineer's interpretation thereof. The intent of the Contract Docu- ments is to include all labor, materials, supplies, appliances, equipment and other incidentals necessary or convenient to the successful completion of the work and the carrying out of all duties and obligations imposed by the Contract Documents. The Contractor shall, in addition, provide all work and materials not shown in detail but necessary for completion of the project as indicated or specified. including a proper and suitable foundation ipreparation. / ) l~ IG-l MS 31 / ''<! '.:~~.~~:?~'~1'-:1':~:i~!~.~I'=:r. ,,:,>':".::~' -~_i";-\."I.~or.., ( , \ J ~:;il~~~;fi::riX:If.~~;;,':~)~~.;~;: ,~"'~;.~:'~;-4i~~:':_:"'~ '~)~:"~~'i;"~;";"f~-'~-V;:' ":'-:;~:~c\;:!"~:~'CO::4-' ~ ,J~.:;/..~ . . . . . ~~"':"'~~__~""~L"'_'"",'_'''''''~''''1.....;:...L.,..--.._-...;.-......--_......---'",...........~....~......::~,:..;...~ ~ nJ...'."'........., __' -.-> , ' ...'.;,,,:;,,..,,:,.......:,,& :~~<t\f;tJ.~f~;:;~" ;,,.."~.;..,~....,;.,...j.......'(,b~:~~'f,r.~~J!."...tr.."!:~~~-~;rI,I~;~~...~~~.........,.'''''t;-:.",..."\:. -. /' ( '- base or support and a reasonable finish consistent with adjacent work which is shown or specified. The Contractor shall make plural and complete all work which, to avoid needless repetition or for the sake of brevity, has been shown singly or partially indicated. The Contractor shall follow the drawings and execute all work in strict accordance therewith and with the kind and quality of materials indicated and specified. Materials or work described in words which, when so applied, have a well-known technical or trade meaning shall be held to refer to such recog- nized standards. Any deviation from the drawings and specifications, which may be required by the exigencies of construction, shall in all cases conform to written instructions of the Owner. The applicable provisions of the Contract Documents shall apply with equal force to all work, including extra work, performed under this Contract, whether performed either directly by the Contractor or by any Subcontractor. ".- { f, \., The Contract Documents are complementary, and what is called for by any, shall be as binding as if called for by all. The Contractor shall carefully study and compare all drawings, specifi- cations and other instructions; shall test all figures on the drawings before laying out the work; shall notify the Owner of all errors, inconsistencies, or omissions which he may discover; and obtain specific instructions before proceeding with the work. The Contractor shall not take advantage of any apparent error or omission which may be found in the drawings or specifications, but the Owner shall be entitled to make such corrections therein and interpretations thereof as he may deem necessary for the fulfill- ment of their intent. The Contractor shall be responsible for all errors in construction which could have been avoided by such examination and notification and shall correct at his own expense all work improperly constructed through failure to notify the Owner and request specific instructions. In case of conflict between the Drawings and Specifications, the Specifications shall take precedence over the Drawings. Special Conditions shall take precedence over General Conditions, and Specifications (Divisions 1 through 17) shall take precedence over Special Conditions and General Conditions. The captions or subtitles of the several Articles and Divisions of these Contract Documents constitute no part of the context hereof, but are only labels to assist in locating and reading the provisions hereof. Full size details shall take precedence over scale drawings and large scale drawings shall take precedence over small scale drawings. Dimensions given in figures shall take precedence over scaled dimensions. ~:,:,. When measurements are affected by conditions already established or where items are to be fitted into constructed conditions, it shall be the Contractor's responsibility to verify all such dimensions at the site and the actual job dimensions shall take precedence over scale and figure dimensions on the drawings. Wherever a stock size of manufactured item or piece of equip- ment is specified by its normal size, it shall be t~e responsibility of the Contractor to determine the actual space requirements for setting and for entrance to the setting space to make all necessary allowances and adjustments therefor in his work without additional cost to the Owner. IG-2 MS 32.- ,-....,' .?-. ' ~ :".,. ,.. , , ..:;-.",/........ " ~,,_....~~,;,..;.:;~...._~:'~. ~ - . ~J:""'. .~~j~.'!":;~.;"..f..t.;......?7..;~.;.,~>..,~~.,t-'..to;;;r>;~';.~~...~)<-;.,.,.:-- .~...,' '.:-.. ' :_,; ._~..~~._.'... ~ ... 'I ';~."p .;':"< ,:;':':'<"I;!:..;~,;~,~"'/~~~~t~~\~.t.-~~~,..}~1f:~~~~~;;i~~~(~M;';;'~ol;t;\',;'j,<r.':','~~~",.,,;;:"""~,~,~';"'-~~- .~.:. ( I \ .. Standard Specifications or other specifications of the orga- nizations, societies or bodies referred to herein or to specifications listed therein, shall be to their current editions and whenever it is stated in the Specifications that materials or work shall conform to the requirements of any of these specifications, work and/or material shall also conform to any other specification referred to herein. ARTICLE G-03 - NOTICE OF SERVICE All notices, demands, requests, instructions, approvals and claims shall be in writing. Any notice to or demand upon the Contractor shall be suffic- iently given if delivered to such office of the Contractor specified in the Proposal (or to such other officecas the Contractor may from time to time designate to the Owner in writing), -or if deposited in the United States Mail in a sealed, postage prepaid envelope, or if delivered with charges prepaid to any telegraph company for transmission, in each case addressed to such office. All notices or other papers required to be delivered by the Contractor to the Owner, or to any of its representatives shall, unless otherwise specified in writing to the Contractor, be de- livered to the office of the Owner at 500 Whitehead Street, Key West, Florida, 33040, Attention: Manager, Municipal Service District, and any other notice or demand upon the Owner shall be sufficiently given if delivered to such office, or if deposited in the United States mail in a sealed, postage prepaid envelope, or if delivered, with the charges prepaid to any telegraph company for transmission, in each case addressed to such office (or to such other represen- tative of the Owner or to such other address as the Owner may subsequently specify in writing to the Contractor for such purpose). Any such notice or demand shall be deemed to have been given or made as of the time of actual delivery, or, in the case of mai~- ing, when the same should have been received in due course of posts, or in the case of telegrams, at the time of actual receipt thereof. ARTICLE G-04 - COPIES FURNISHED , The Contractor will he supplied with the original tracings of the Drawings and Specifications in the hands of the Owner. One complete set of Drawings and Specifications shall be kept on the job by the Contractor and shall be accessible at all times. Con- tractor shall provide Owner with one (1) set of reproducible draw- ings and specifications and one (1) copy of As Built Drawings. ARTICLE G-05 - COPIES FURNISHED The Contractor shall submit with such promptness as to cause no delay in the work, all shop or setting drawings and schedules required for the work of the various trades. Before submitting shop drawings, the Contractor shall check all drawings for accuracy, correlate them, and make necessary corrections in yellow pencil. The Contractor shall indicate his review of these drawings by appropriate stamp denoting his approval. Shop drawings submitted to the Owner without this stamp will be returned without action. After the Contractor's review, he shall submit the specified number of sets of shop drawing prints to the Owner for approval~ IG-3 MS 33 (/ ,~ . .... ~" -, < ',; ,:./;,:-~. '". .--, :'..,.t..;..,'- :,..:'... ,:' ",_,'. :__, .. ~.. ..:-. (..":;.1. ",' /' C' Shop drawings shall be dated and identified by project name, and shall indicate descriptive names of equipment, type and class of materials, item numbers, reference to Owner drawings, specification reference, and location at which materials or equipment are to be installed in the work. Shop drawings shall be folded to fit in letter size files with the title exposed on the outside fold. Shop drawings shall be submitted with duplicate transmittal letters containing project name, Contractor's name, number of drawings and other pertinent data. Shop drawings and submittal data will be reviewed two times; thereafter, all further review time will be charged to the Contractor at a rate of $50 per hour. The Owner shall review shop drawings for general design and arrangement with reasonable promptness, making desired corrections. The Owner's approval of such drawings or schedules will not include verification of dimensions or quantities, nor shall it relieve the Contractor from responsibility for deviations from drawings and/or specifications unless he has, in writing, called the Owner's attention to such deviations at the time of submission; nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules or proper correlation with other work. The Contractor shall make any corrections required by the Owner's Engineer and file with him the specified number of corrected copies. ARTICLE G-06 OWNERSHIP OF DRAWINGS c All Specifications, Drawings, other contract documents and copies thereof furnished by the owner shall remain his property. They shall not be used on another project unless such use is authorized by the Engineer and, with the exception of those sets which have been signed in connection with the execution of the Agreement, shall be returned to him upon completion of the project. 'F ARTICLE G-7 SAMPLES The Contractor shall furnish to the Owner's Engineer for approval all samples of materials as directed. The work shall then be in accordance with approved samples. ARTICLE G-08 MATERIALS, APPLIANCES, EMPLOYEES ! \< Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, labor, water, tools, equipment, light, power, transportation and other facilities necessary for expeditious execution and completion of the work in an acceptable manner. Unless otherwise definitely specified, it is a general requirement of the specifications that all materials and work- manship shall meet the requirements of the applicable standard specifications of the American Society for Testing and Materials, or of the Federal Specifications Board as minimum requirements. The Contractor shall at all times enforce strict descipline and good order among his employees, and shall not employ on the work any unfit person or anyone not skilled in the work assigned to him. Mechanics whose work is unsatisfactory to the Owner or who are considered by the Owner as IG-4 MS 3tf- ,~-~~~,~~~z...,~:~~~.),~':,':~ . <~~~J >>rt*~'.', 41J"ii".~lilL'Ll\Ifl"1:il'(~""1i~~. ' 11!>>..... ~*"',.."",. .,-, ~....,..~::.,~ ;:.,' -;:-... .-.....,~..~:... '. ,'., \ (~ Careless, incompetent, unskilled or disorderly, who use threatening or abusive language to any person having supervision of the work, or who are otherwise objectionable shall be dismissed from the work upon notice from the Owner and shall not be employed on the work thereafter. No intoxicating liquor shall be allowed on the work site. All labor described in these specifications or indicated on the drawings and the work specified or indicated, shall be executed in a thoroughly substantial and workmanlike manner and by mechanics skilled in the applicable trade. All materials, fixtures and apparatus shall be installed in an undamaged condition. Except as otherwise specified, all materials, fixtures and apparatus shall be new and of good quality and shall be delivered to the site of the work in an undamaged condition. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Whenever materials are sold by the manufacturer in sealed packages, they shall be so delivered on the job. The Contractor shall make written request to the Owner's representative for, and obtain his written approval of, the use of any material proposed for use when "approved" materials are specified without mentioning any standard by name. All written requests for approval of materials shall be made within thirty days after the contract is signed and before ordering any materials requiring such approval. If any materials specified shall no longer be available during the progress of the work, or if the quality of the material no longer meets with satisfactory approval of the Owner, he shall ~ specify an equal which will be satisfactory to him. Resultant costs change, if any, shall be as provided for changes in the work. ~Vhen any article, material or item is specified by proprietary name, trade name and/or name of manufacturer, with the addition of such expressions as "or equal", or "approved equal", it shall be understood that the article, material or item named is intended as a standard of the quality and performance desired, and any article, material or item equal thereto may be used, subject to the prior written approval of the Owner's representative. It is distinctly understood that, (1) the Owner's represenative is to use his own judgment in determining whether or not any article, material or item so specified; (2) the decision of the Owner's representative on all such questions of equality shall be final and binding upon the Contractor; and (3) in event of any adverse decision made by the Owner's representative, no claim of any sort by the Contractor shall be made or allowed against the Owner's representative or Owner. Where trade names are specified w'ithout the phrase "or equal", or where alternate trade names are specified without the phrase "or equal", such products are hereby approved for quality and no substitution will be permitted. - Materials and equipment designed for permanent installation in the work shall be properly stored by the Contractor on the site when delivered, to in- IG-5 ;vIS 35 ~V'''' _. ".. ''i~,' ,":"'. ,,-..- ".~ ",: .'L <."._,., .'.": :-0: ,':~' :~-.:~. ~', . ,;:. ..... ';""~'/':~:;";_:'~;"':':'~.~;~_j~~;"",""~;~;jl'~:~';:)K~~~l!;.;;::\l~:"~-';-.~~;;~"." '~.,j,~.:i~r~:';;~~--' ',,,:'';'' __';'~'_.r:: ( sure protection against deterioration of any type. These materials shall be so placed as to cause a minimum of inconvenience to other contractors on the work and to the public. The storage piles shall be arranged to facilitate inspections, and any deterioration shall be grounds for rejection. If material stored on the job and paid for under the terms of the Contract is damaged before its incor- poration in the ~ork, the amounts paid the Contractor for the damaged material shall be deducted from the next estimate. ARTICLE G-09 - PATENTS AND ROYALTIES It is mutually understood and agreed that,without exception, contract prices are to include all royalties and costs arising from patents, trademarks and copyrights in any way involved in the work. It is the intent that whenever the Contractor is required or desires to use any design, device, material or process covered by letters, patent or copyright, the right for such use shall be provided for by suitable legal agreements with the patentee or owner, and a copy of this agreement shall be filed with the Owner's representative; however whether or not such agreement is made or filed as noted, the Contractor and the surety in all cases shall indemnify and save harmless to a limit of $1,000,000 the said Owner and the Owner's representative for any costs, expenses and damages which it may be obliged to pay, by reason of any such in- fringement, at any time during the prosecution or after the com- pletion of the work. ARTICLE G-lO - SALES TAX AND EXCISE TAX ( "- All sales tax and excise taxes shall be paid by the Contractor, except as otherwise provided under the Special Conditions. ARTICLE G-ll - SUPERVISION AND RESPONSIBILITY OF THE CONTRACTOR The Contractor shall give the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Owner's representative and with other contractors in every way possible. The Contractor shall at all times have a competent super- intendent, capable of reading and thoroughly understanding the drawings and specifications, as his agent on the work, who shall, as the Contractor's agent, supervise, direct and otherwise conduct the work. Such superintendent shall be furnished irrespective of the amount of work sublet. The Contractor shall be solely and wholly responsible for delivering the completed work in a good and workmanlike condition and for the good condition of the work and materials until final acceptance and his formal release from his obligations. He shall bear all losses resulting on account of the weather, fire, the elements, or other causes of every kind or nature. , \- The Contractor shall indemnify and hold harmless to a limit of $1,000,000 the Owner and his agents and employees from and against all claims, damages, losses and expenses, including attorney's fees arising out of or resulting from the performance of the work, pro- vided that any such claim, damage, loss or expenses (a) is attribu- table to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself), including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of the Contractor, IG-6 . 3" .. . f.," -~.)/>,:~-. '.~r'- ;:~.:~'.:.-i " -~. '.t \ ) ,..~.,;,;::;:.,;"i""'''''J'i,' .'"_:' ''''c'~'.:j '.,...' "_':;~.;' ,''(',~~,;~~',J,.;... ,,; C.' ,"r, "';"-1'~"3"" '..........,"e'/'->.' ".' '"'""i'''''C''~'~''''i;",,,,,,,,,,,,,,.,,,,,,,,~,,,,,,..~_..,,,r..._.~.'''\,<' ,i." ' 'r ,', "" - - . - . __')-,"_.....';..... ........,....:,..........,' -:.,..._,.,~,,_,-oI"'-~.........____~--- ..."""~_~_.._'~-_......,~-~.-- 4'. ~,...._.- ...~..- """- ,-:.-.-:....":'.~.,;,::.--~...,--.-., ./ ( any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regard- less of whether or not it is caused in part by a party indemnified hereunder. In any and all claims against the Owner, his agents or employees by any employee of the Contractor, Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Con- tractor or any Subcontractor under Workmen's Compensation Acts, Disability Benefit Acts or other employee benefit Acts. The Contractor shall be held responsible for any violation of laws or ordinances affecting in any way the conduct of all persons engaged, or the materials or methods used by him, on the work. The Contractor shall provide and maintain at his own expense, in a sanitary condition, such accomodations for the use of his employees as are necessary to comply with the requirements and regulations of the State Department of Health & Rehabilitative Services or the County Health Department. He shall commit no public nuisance. Sanitary facilities shall be at least SOO-feet from the nearest water well. Privies shall have incorporated therein metal containers which shall be tightly closed and all waste shall be transported away from the site of the work and disposed of properly. ( \ Any instructions, directions, or orders from the Owner shall be given to the Contractor through the Owner's representative. ARTICLE G-12 - PROGRESS AND SUBMISSION SCHEDULES AND PRECONSTRUCTION CONFERENCE Before starting the work, a conference will be held to rev~ew the above schedules, to establish procedures for handling shop drawings and other submissions, and to establish a working under- standing between the Parties,as to the Project. Present at the conference, will be the Owner's representative, the Project Manager and Consultant, and others as may be specified by the parties. Prior to starting the work, the Contractor shall furnish the Owner Certificates of Insurance as required by Article G-IS, Insurance. / i ''--. IG-7 MS 3t"] ,~ " .;' ,'>':"'"'~''\Itt.,":,,~;'.'.i_': , ' ,'-';"':~~".,:>""'~c~::7._-;- ,'" " ': ..i-~'\' '"t:.~' ,. ,.".,.v;.......,,;,..."'.~..".., . <A~,;., .....:,.~-. .~. .~,.~!'.\:~~~~~~~:~;M:t;.\t};..S.~\;l~~~""U:t~~~~~~~~~:.,.,.i~.~~,~~~,~*..'t.~l/~..:}'....~.;..;.;..Y;lV;.f./;.~~-:"t.!~...;.>>:."'..;::.,.,.f~:'. ,~jV.."l.;,.'t..L"~,\:r1~.,,~':ot~(~"^".,::~J .,~<;;.~ ARTICLE G-13 - SURVEYS, PERMITS AND REGULATIONS The Contractor shall furnish all surveys unless otherwise specified. Both temporary and permanent permits and licenses necessary for the prosecution of the work shall be secured and paid for by the Contractor, except the Owner shall obtain, at its cost, the necessary DER and EPA permits to allow for construction of the facilities. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor ubserves that the drawings and specifications are at variance therewith, he shall promply notify the Owners representative in writing, and any necesssary changes shall be adjusted as provided in the Contract for changes in the work. If the Contractor performs any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's representative, he shall bear all costs arising therefrom. The Contractor shall strictly observe all applicable laws and regulations as to public and occupational safety, health and sanitation. / I The Contractor shall save harmless to a limit of $1,000,000 the Owner and all of its officers, agents and servants, against any claims or liability arising from, or based on, the violation of any such laws, by-laws, ordinances, regulations, orders or decrees, whether by himself or his employees. ARTICLE G-14 - PROTECTION OF PROPERTY AND THE PUBLIC The Contractor shall continuously maintain adequate protection of all his work from damage and shall protect public and private property from injury or loss arising in connection with this Contract. He shall adequately protect adjacent property as provided by law and the Contract Documents. ( "-- The Contractor shall take all necessary precautions for the safety of employees on the work, and shall comply with all appli- cable provisions of Federal, State and local safety laws, including, but not limited to the requirements of the Occupational Safety & Health Act of 1970, and Amendments thereto, and building codes to prevent accidents or injury to persons on, about or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintin at all times, as required by the conditions and progress of the work, all necessary safeguards, including sufficient lights and danger signals on or near the work, from sunset to sunrise; he shall erect suitable railings, barricades, or other protective devices about unfinished work, open trenches, embankments, or other hazards and obstructions to traffic; he shall provide all necessary precautions to prevent accidents and injuries to persons or property ip or zbout the work. ' 1G-S ;,fS 38 ~,-~ ( '.. ; ~ .....};.i . '\i.,~,'{~~.~,,:;~.;;...:.~;,"':...;.ti:,,;i.}.:'::~~t.-~:-....-. ....-;"..,.,.~.. ,...: ....;.....;.:,. i'._;:'j"':~'-"''''',Iti.~" :~'_; :-r~~~tl'.A<"_i'f~t- "'~":(.-" :.,...~._,;..;I;.to'~:;..;.,..k.l -.....~..;:"i.~.." ,-.~... .~.'.-' /' .... ( i_ In an emergency affecting the safety of life or of the work or of adjoining property, the Contractor shall act promptly at his discretion to prevent such threatened loss or injury, and he shall so act, without appeal if so instructed or authorized. Any com- pensation claimed by the Contractor on account of emergency work whall be determined by the Owner's representative. Should warnings of winds of gale force or stronger be issued, the Contractor shall take every practicable precaution to minimize danger to persons, to the work and to adjacent property. These precautions shall include closing all openings, removing all loose materials, tools and/or equipment from exposed locations; and removing or adequately securing scaffolding and other temporary or partially completed work. The Contractor shall in every resRect be responsible for, and shall replace and make good all loss, injury; or damage to the premises (including landscaping, walks, drives, structures) on the premises and/or property of owners of any land adjoining, which may be caused by him or his workmen, or which he or they might have prevented. The Contractor shall, at all times while the work is in progress, use extraordinary care to see that adjacent build- ings are not endangered in any way by reason of fire, water, or construction operations, and to this end shall take such steps as may be necessary or directed, to protect the property therefrom; the same care shall be exercised by all Contractor's and Subcon- tractor's employees. i i \- Buildings, sidewalks, fences, shade trees, lawns and all other improvements shall be duly protected from damage by the Contractor. Property obstructions, such as sewers, drains, water or gas pipes, conduits, railroads, poles, walls, posts, galleries, bridges, man- holes, valve boxes, street monuments, etc., shall be carefully protected from injury and shall not be displaced if avoidable. The Contractor shall give due notice to any department or public service corporation controlling such items as manholes, valve bo~es, meter boxes, street monuments, etc., prior to adjusting them to grade and shall be held strictly liable to the affected utility if any such appliances are disturbed, damaged or covered up during the course of the work. , ARTICLE G-15 - INSURANCE (. \., 1. The Contractor shall provide and maintain during the life of this Contract "Workmen's Compensation Insurance" for all of his employees employed at the site of the project and, in case any work is sublet, the Contractor shall require each Subcontractor similarly to provide "Workmen's Compensation Insurance" for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employees who are engaged in hazardous work under this Contract at the site of the project are not protected under the "Workmen's Compensation" Statute, the Con- tractor shall provide, and shall cause each Subcontractor to provide adequate coverage for the protection of his employees not otherwise protected. 2. The Contractor shall provide and maintain during the life of this Contract insurance that will protect him, and any Subcon- tractor performing work covered by the Contract from claims for damage for personal injury, including accidental death, as well as IG-9 MS 3? :... " .<<(J.w~-::'.,';--' - ''.~~t~~~~~~~1tti;~~, L.-.: ,I..~.~ ,',' ','" " '" ~_ ;-.t.:<.;.'" _.:' ,.;~; -' '1,'.,' '<~_''- " t.: ,~,. <.-, f.....~~.y~r ,;:-_'",'.r;-,}..;:::';""t".":"",,:o.~~',.;.~:,::. ~ ; C~~;..~:'. ',~', ';'; ....,,,.." '~_""'::"':'~:-"?":<';:":~il1rt:f;t.;.-~;~..r~::~~~~~~~f~~',.t';r~~4!~t~..;..'.. -~<';~;,~~,-i4l,.~~":.~,!.,~ ( \ from claims for property damages which may arise from operations under this Contract, whether such operations be by himself or by any Subcontractors or by anyone directly or indirectly employed by either of them. The Contractor shall also provide and maintain during the life of this Contract insurance that will indemnify and hold harmless the Owner, his agents and employees from and against all claims, costs, expenses, including attorney's fees and damages arising out of or resulting from the performance of the work, injury or conduct, want of care or skill, negligence and patent infringe- ment providing that any such claim, damage, loss or expenses (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of property (other than the work itself), including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of the Con- tractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts cany of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. ' Insurance shall be provided with a limit of $1,000,000 in each of three policies as follows: a. Comprehensive General Liability Insurance, including Products and/or Completed Operations, Explosion Hazard, Collapse Hazard and Underground Property Damage Hazard.. b. Comprehensive Auto Liability Insurance. c. Contractual Liability Insurance. The Owner and Engineer shall be named as additional insureds. ( "-- 3. In types or classes or work which include, all or in part, buildings or structures which may be subject to damage by fire, wind or vandalism, the Contractor shall take out and maintain, during the life of this Contract, what is know as "Builder's Risk Insurance", covering Fire, Wind, Extended Coverage and Vandalism, in an amou~t equal to one hundred percent (100%) of the Contract price pertaining to such building or structure, or buildings or structures. 4. Before starting the work, the Contractor will file with the Owner certificates of such insurance, acceptable to the Owner. These certificates shall contain a provision that the coverage afforded under the policies will not be cancelled or materially changed until at least thirty (30) days prior wri tten notice has been given to the Owner. The Certificate of Insurance Form appears on pages IG-22 and IG-23. ARTICLE G-16 - AUTHORITY OF ENGINEER The supervision of the execution of this Contract is vested wholly in the Contractor. The orders, instructions, directions, or requests of the Owner are to be given through the Owner's represen- tative.The Owner's representative shall transmit them promptly to the Contractor as coming from the Owner and originating in the Owner. The Contractor shall designate a representative to receive such instructions, directions or requests in his absence, and failing to do so, will be held responsible for the execution of them. IG-lO MS 40 ~o""'~'"'' ..', '., ", '~""'~'~~,.,.,, . . . ,..~\....~:~.:~.,.." ,~"'''''''~'}O' _., ~~:..,,~..~ , ";". ..,'"..,-. . ._<::.~.~:.....,~.;~:'.:;'-;,~\~/.' '\.4~)_n \.......1 AliA"" W' \ ' _0 ~::~..",...,A~'8,~',.."..~.....-4 I._.G~ _~""':jC.f~"""f'.v,I""". \". The Owner shall have the authority to suspend the work wholly or in part for such period or periods as may be deemed necessary due to failure on the part of the Contractor to carry out orders given to perform any or all provisions of the Contract. The Contractor shall not suspend the work and shall not remove any equip- ment, tools, lumber or other materials without the written permission of the Owner's representative. I ARTICLE G-17 - OBSERVATION OF THE WORK The Owner's representative shall have free access to the materials and the work at all times for measuring or observing the same. and the Contractor shall afford him all necessary facilities and assistance for so doing. After written authorization to proceed with the work, the Owner's representative shall: ( \. 1. Make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents; he will not be required to make exhaustive or continuous on-site observations to check the quality or quantity of the work, he will not be res- ponsible for the construction means, methods, procedures, tech- niques and sequences of construction and he will not be responsible for the Contractor's failure to perform the construction work in accordance with the Contract Documents; he will not be responsible for safety precautions and procedures in connection with the work; and during such visits and on the basis of his on-site observations as an experienced and qualified design professional he will keep the Owner informed of the progress of the work, will endeavor to guard the Owner against defects and deficiencies in the work of Contractors and may disapprove work as failing to conform to the Contract Documents. 2. Check and approve samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of materials and equip- ment and other data which the Contractor is required to submit, only for conformance with the design concept of the project and compli- ance with ~he information given by the Contract Documents, and assemble written guarantees which are required by the Contract Documents. 3. Consult and advise with the Owner, act as the Owner's representative at the project site, issue all instructions of the Owner to the Contractor and prepare routine change orders as required. 4. Based on his on-site observations and on his review of the Contractor's applications for payment, determine the amount owing to the Contractor and approve in writing payment to the Contractors in such amounts; such approvals of payment to con- stitute a representation to the Owner, based on such observations and review of the data comprising such applications, that the work has progressed to the point indicated and that, to the best of his knowledge, information and belief, the quality of the work is in accordance with the Contract Documents, subject to the results of any subsequent test called for in the Contract Documents and any qualifications stated in his approval. Such partial and final IG-11 MS <+1 ( ~ ."-..' ,,:-, .~~...r:i!".'"",'r"_',.'~~.*"".~(..;,~-' ~~- :>: - . ~.,...." '''>;~".:I' ~', ~':~~r~~'~~i4.A/~Af'~:':~"':'Jl\J'i/J~}<~>;,i~-r:' .~'. ~- ""'. '>~'",,~: \ ) , ~. . I . ~ ,. :~","::;,,~>"t:'\;::':"'" _,,,,t'''~:d'<:~''''.''-~'''./'i''~':.''''';:''-'~\4;~~~If~!:'':'~~:. "'t.,,~'i:..""j~.t~'jl~~~..a"'.l!!l~""';t.'?''''''<'~'''''.~.'\;''''''b'' ..~'r'"'-.'-- ,..i...~.. /' f .~.~""..;.... '-~-'"'. '.- payments will be as specified elsewhere herein except as modified in this paragraph. ( 5. Conduct, in company with the Owner, a final inspection of the project for conformance with the design concept of the project and compliance with the information given by the Contract Documents, and approve in writing final payment to the Contractor. ARTICLE G-18 - EXAMINATION OF THE WORK The authority and duties of the resident project represen- tatives when provided and authorized as employees of the Owner and when the employment thereof is authorized and paid by the Owner, are limited to examining the material furnished, observing the work done and reporting their findings to the Owner. The Owner does not underwrite, guarantee or insure the ~ork done by the Contractor. It is the Contractor's responsibility to perform the work in all details in accordance with the Contract Documents,' and the Owner shall never be responsible or liable to the Contractor or any other party by reason of the Contractor's failure to do so. Failure by the Owner or by any project representative or other representative of the Owner engaged in on-the-site observation to discover defects or deficiencies in the work of the Contractor shall never, under any circumstances, relieve the Contractor from his liability there- for to the Owner. (-.: Project representatives shall have no authority to permit deviation from or to modify any of the provisions of the Drawings or Specifications without the written permission or instruction of the Owner's representative or to delay the Contractor by failure to observe the materials and work with reasonable promptness. The Owner, his representatives, employees, or any resident project representative in the employment of the Owner will not have authority to supervise, direct, expedite or otherwise control and instruct or order the Contractor or his employees in the fulfill~ent of the Contractor's obligation. The Owner's instructions, orders, directions and/or orders to the Contractor shall be given only through the Owner's representative or his employees. The payment of any compensation, irrespective of its character or form, or the giving of any gratuity, or the granting of any valuable favor, directly or indirectly, by the Contractor to any project representative, is strictly prohibited, and any such act on the part of the Contractor will constitute a violation of the Contract. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to specifically be inspected, tested, or approved by someone other than the Contractor, the Contractor will give the Owner timely notice of readiness therefor. The Contractor will furnish the Owner the required certificates of inspection, testing or approval. All IG-12 MS j '+?- .1-,,'; t~ , .... ,~"~"",..,'!lt."'.:_..~"~:' ;... ~~'t;;'_'''?'f:'~;~'. <',~\.v.,.. ..-.,,-..~...'..,.,-'...,.' '-' , '.~9';1;:~~;;';::'*",:r~:~4~~~,t.'~+-J:btd'~~'~~~~~~:-.;.~,~~~~~~~~~1f-:t~;-;~;~;'J>'-'';};"''f.tr~.;~.~.:...~~;J,-",}f<''':~~''.:\;:. l~";,_.<-~,,,'~~,;f,I~~:;\,"!,,~.,>~~,~'~.f:],;,:,,!,:-,'j;":;'.:""'"'-'. ~' \ such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials, or such other applicable organization as may be required by law or the Contract Documents. If any such work required so to be inspected, tested or approved is covered without written approval of the Owner, it must, if requested by the Owner, be uncovered for observation at the Contractor's expense. The cost of all such inspections, tests, and approvals shall be borne by the Contractor unless otherwise provided. ARTICLE G-19 - DEFECTIVE WORK If at any time, before final acceptance of the work or mater- ials, defects therein shall be found, the Contractor shall promptly correct such defects, remove and dispose of all defective or un- satisfactory work or materials, although the defects may have been overlooked by the Owner's representative or his employees, or may have been the result of damage from any cause. Should the Contractor fail or refuse to remove and renew any defective work performed, or to make any necessary repairs in an acceptable manner, and in accordance with the requirements of the Contract within the time indicated in writing, the Owner shall, under these conditions, cause the unacceptable or defective work to be removed or renewed, or such repairs as may be necessary to be made at the Contractor's expense. Any expense incurred by the Owner in making these removals, renewals or repairs, which the Contractor has failed or refused to make, shall be paid for out of any monies due or which may become due the Contractor, or shall be assumed by the Surety. Continued failure or refusal on the part of the Contractor to make any or all necessary repairs promptly, fully and in an acceptable manner, shall be sufficient cause for the Owner to declare the Contract in default, in which case the Owner at its option may contract with any other individual, firm or corporation to perform the work. All costs and expenses incurred thereby shall be charged against the defaulting Contractor and the amount thereof deducted from any monies due, or which may become due him, or shall be charged against the Contract Bond. Any special work performed, as described herein, shall not relieve the Contractor in any way from his responsibility for the work performed by him. ARTICLE G-20 - ALTERATIONS OR CHANGES IN DRAWINGS AND SPECIFICATIONS The right is reserved for the Owner to make without prior notice to the Surety from time to time, such alterations in the Drawings or in the character of the work as he may consider necessary or desirable to complete the proposed work to his satisfaction and con- sistent with the general intention of the Contract Documents. Notice of every such alteration or change shall be given in writing to the Contractor, and no such alteration or change shall be considered as constituting a waiver of any of the provisions of the Contract Doc- uments, or as nullifying or invalidating any such provisions. Should any such alteration or change result in an increase or de- crease in the quantity or the cost of the work or materials described in the Proposal, the total amount payable under the Contract will be accordingly modified. If alterations or changes are thus made, the time for completion of the Contract will he correspondingly modified, if the Contractor so requests, before commencing the work attributable to such alterations or changes. IG-13 MS +3 / "( ,., . <.~.}~~,.?~...;.,~~,.'_:'.lI.~,.:~.,..~~{,:';:" '"l. ~:"". ....~":-,....... '~ .....,...;;...:..~.....-_.....,,_...~.~.'"......-_.._. - ~,.,..,..,~ .__....._..".-_....'~;....-....,~...~.._~...., ,<'-".- . ';~,"<i~~!.,t ~~~~_~~:i~~~;t,;;:<:: , " ",..~L,~"""I~:"." ..~~~tJ'.,,,~,,-:";:':'~ '(.. ~""~,;..;;;I""...,;;":.~..:c.~f~'~'~'.l!'.!;;,l<:...."".<f:',wK..~,.~~..,,~(t'O..;. ~........~~...,...,....trI,'<4..:.'it:',< / ARTICLE G-2l - EXTRA WORK ( The Contractor shall do all extra work that may be ordered in writing by the Owner's representative acting on the specific authority of the Owner arising out of the modification of the Specifications or Drawings made or approved by the Owner. For this work, the Contractor shall be paid at the rates named in the Contract for work of a similar nature and character. If the extra work be of a class for which no rate is fixed in the Contract, the actual reasonable cost as determined by the Owner's representative, plus fifteen percent of said cost for profit and general expense shall be paid the Contractor. No claim for extra work shall be allowed unless the same was ordered in writing as aforesaid, and the claim presented at the time of the first estimate after the work is done. ( Except as hereinafter provided, all extra work ordered and performed in accordance with the above paragraph will be paid for at the price in the written order for such work. This price (or rate) shall have been approved by the Owner and mutually agreed by the Contractor to be suitable compensation for the contemplated extra work. However, if the Contractor and Owner's representative fail to agree on an equitable price for any extra work ordered, it shall be performed by using labor, tools, equipment, and materials as may be specified by the Owner, and will be paid for in the following manner: 1. For all labor, including a foreman in direct charge of the specified operations, the Contractor shall receive a sum equal to the current local rate of wages for every hour that the labor is actually engaged in such work, to which shall be added an amount equal to fifteen percent of such sum, and the total thereof shall be full compensation to the Contractor for general supervision and for furnishing and repairing small tools and ordinary equipment used in doing the extra work. In addition, the Contractor shall be paid the actual cost of Social Security taxes, Unemployment In- surance, Workmen's Compensation Insurance and Contractor's Public Liability and Property Damage Insurance involved in such extra work, based on the actual wages paid to such labor. 2. For all materials used, the Contractor shall receive the actual cost of such materials, including freight charges, as shown by original receipted bills, to which cost shall be added an amount equal to ten percent thereof. 3. For any special machinery or special equipment, including fuel and lubricants therefor required for the economical performance of extra work, the Owner's representative shall allow the Contractor a reasonable rental price, to be agreed upon in writing before such work is begun, for every hour that such special machinery or equip- ment is used on the extra work. The compensation herein provided shall be received and accepted by the Contractor as payment in full for all extra work done. I \ '-- The Contractor's representative and the Owner or Owner's rep- resentative shall compare records of extra work done at the end of each day. Such records shall be made in duplicate upon a form pro- vided for such purpose by the Owner and shall be signed by both the representatives referred to herein, one copy being submitted to the IG-14 MS l./-.l.f - >~ .... ,\" ~ """, :~..:-..~;'':",*.':''~:~~:!''-~(;''.. ~ . ....,.,.. ;":"". .'~, , . . "~.;.;~Jf':'~"~~~-~~:--A\>,..;:(~~.:4~::f;1i-;;.o.;"'lf";~'!:~!': ';""_';',__.'::' -to" :"'--''''_-:~'~'''''__'''. :: .\_'~~~ '. .-' ,/ ( ( ( ! '" ,~,:,:~"~i,;.b:~{' :~~'l'....::.t;.'~"~~.~~I,A\~~l.~'~~~-t;>~~~~~:~;,ii~~}~~_~~~:~W;'''''J\,~,,;;:.~.f~~~~;~''':;'''~~~~1I.~:~-;',. :'.,'" Owner and the other being retained by the Contractor. ARTICLE G-22 - CANCELLED ITEMS AND PAYMENTS THEREFOR If the Contractor shall fail to begin the work called for by the Contract within the time specified, or shall fail to perform the work'with sufficient workmen and equipment or with sufficient materials to insure the prompt completion of the work within the prescribed time, or shall perform the work unsatisfactorily, or shall neglect or refuse to remove materials or to perform anew such work as shall be rejected as defective and unsuitable, or shall discon- tinue the prosecution of the work, or shall become insolvent, or be declared a bankrupt, or shall commit any act of bankruptcy or in- solvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carryon the work in an acceptable manner, the Owner may give nQtice in writing to the Con- tractor and to his Surety of such delay, neglect or default, specify- ing the conditions pertaining thereto and directing the Contractor to correct the same. If the Contractor shall not correct such conditions within a period of five (5) calendar days after receipt of such notice, the Owner shall, upon written report from the Owner's representative reciting the facts of such delay, neglect or default, have full power and authority, without violating the Contract, to take the prosecu- tion of the work out of the hands of the Contractor, to appropriate or use any or all materials and equipment on the grounds as may be suitable and acceptable, to enter into an agreement with another Contractor for the completion of the work or to use such other methods as, in the opinion of the Owner, shall be required for the completion of the work in an acceptable manner. All costs and charges incurred by the Owner together with the costs of completing the work under the Contract, shall be deducted from any monies due or which may become due the Contractor. In the event that the expense so incurred by the Owner shall be less than the sum which would have been payable under the Contract if the work had been completed by the Contractor, the Contractor shall be entitled to receive the difference; in case such expense shall exceed the sum which would have been payable under the Contract, the Contractor and the Surety shall be liable and shall pay to the Owner the amount . of such excess. ARTICLE G-23 - TERMINATION The performance of work under this Contract may be terminated by the Owner in accordance with this clause in whole, or from time to time in part, whenever the Owner shall determine that such termination is necessary. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which performance of work under the Contract is terminated, and the date upon which such termination becomes effective. After receipt of a Notice of Termination, and except as other- wise directed by the Engineer, the Contractor shall: 1. Stop work under this Contract on the date and to the extent specified in the Notice of Termination. IG-15 MS 4-5 " , 4,tdJ\t~" ~----~~"~ '.:;'\"~ .~: ,~: ,l.~ "~Z-? . . < ~... .:- . <l':l ,hjllll~, ~~';',"', '....,:",.,..-.'..." . _';';r...,' "'.' " '.:rr....- .~.- ,. .... 2. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under this Contract as is not termi- nated. ( 3. Terminate all orders and subcontracts to the extent that they-relate to the performance of work terminated by the Notice of Termination. 4. Assign to the Owner, in the manner, at the times, and to the extent directed by the Owner's representative, all of the right, title, and interest of the Contractor under the orders and sub- contracts so terminated, in which case the Owner shall have the right, in his discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts, 5. Settle all outstanding liabilities and all calims arlslng out of such termination of orders and subcontracts', with the approval or ratification of the Owner to the extent he may require, which approval or ratification shall be final for all the purposes of this clause. 6. Transfer title and deliver to the Owner, in the manner, at the times, and to the extent, if any, directed by the Owner's representative, the fabricated or unfabricated parts, work in pro- cess, completed work, supplies, and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the Notice of Termination, f-- \. 7. Complete performance of such part of the work as shall not have been terminated by the Notice of Termination, 8. Take such action as may be necessary or as the Owner's representative may direct, for the protection and preservation of the property related to this Contract which is in the possession of the Contractor and in which the Owner has or may acquire an interest, After receipt of a Notice of Termination, the Contractor shall submit to the Owner his termination claim, in the form and with the certification presecribed. Such claim shall be submitted promptly, but in no event later than one month from the effective date of termination unless one or more extensions in writing are granted by the Owner. No claim will be allowed for machinery and equipment rental expense incurred after the effective date of the Notice of Termination. Upon failure of the Contractor to submit his termi- nation claim within the time allowed, the Owner's representative shall determine, on the basis of information available to him, the amount, if any, due to the Contractor by reason of the termination and shall thereupon advise the Owner the amount so determined. The Contractor and the Owner may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the toal or partial termination of work pursuant to this clause, which amount or amounts may include a reasonable allowance for pro- fit on work done; provided, that such agreed amount or amounts, exclusive of settlement costs shall not exceed the total Contract price as reduced by the amount of payments otherwise made and as further reduced by the Contract price of work not terminated. The Contract shall be amended accordingly and the Contractor shall be pai~ the agreed amount. Nothing in this crause~presCribing the, IG-16 MS tf.C-, .,. ,,'",""',,:;"'?(C<r:";l-I,:,,.~:,:,,,",' '"t;,;';;' < '~:\:~~.J; ~1: _~..\o'<~~,<'l7{~''''' .._~........-.-,.-_.""'" . . c.~' ", ....~..'-:.;',.., \ ---.....-, ",~~" ..:::.-....,..-..""........ -...........: .~.....;.>....~~:\;.;.....::~'"-~!_:...,-~"'"-:~...~:...,.'...'~"=".......;_......-~~, -,. - \') .~.~~f'~.;..{~f,..~i~.>~1~~~".t:.._5~..;:_"~---:, ,-,:~~.;<;,~~~-'.~'i.~~..:i':t".~,~4.~~"'j,:it;;h~.' ,I, '~>:~/'li:""','?'~';';""_',~:e.J~:;t't:'<.-..';''''"' .~, ,-.... ~"~'-;'''''''''~:'':';''I.l'''~'',i~''':f...~~~.1.~ot,<~.t~~i-t~~"~ilq,"~~.-v.\\',,,,,,,,, ",'-j. '-',..,'" \ /' \ \, ....\....~._:-_i...~;..l'("!"-'ff.--:> c amount to be paid to the Contractor in the event of failure of the Contractor and the Owner to agree upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this clause, shall be deemed to limit, restrict, or otherwise de- termine or affect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph. In the event of the failure of the Contractor and the Owner to agree as provided in the preceding paragraph on the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this Article, the Owner's representative shall deter- mine, on the basis of information available to him, with respect to all Contract work performed prior to the effective date of the Notice of Termination, the total (without duplication of any items) of the cost of such work and a sum, as a profit, equal to 2 percent of said cost of the work, which represents the cost of articles or materials delivered to the site, but not incorporated in the work and in place on the effective date of the Notice of Termination, plus a sum equal to 8 percent of the remainder to such amount, but the aggregate of such sums shall not exceed 6 percent of the whole of the amount determined above; provided, however, that if it appears that the Contractor would have sustained a loss on the entire Contract had it been completed, no profit shall be included or allowed under this paragraph and an approximate adjustment shall be made reducing the amount of the settlement to reflect the indi- cated rate of loss. The total sum to be paid to the Contractor shall not exceed the total Contract price as reduced by the amount of payments other- wise made and as further reduced by the Contract price of work not terminated. Except for normal spoilage, and except to the extent that the Owner shall have othewise expressly assumed the risk of loss, there shall be excluded from the amounts payable to the Con- tractor the fair value, as determined by the Owner, of property which is destroyed, lost, stolen, or damaged so as to become unde- liverable to the Owner. In arriving at the amount due the Contractor under this clause there shall be deducted (1) all unliquidated advance or other pay- ments on account theretofore made to the Contractor, applicable to the terminated portion of this Contract, (2) any claim which the Owner may have against the Contractor in connection with this Con- tract, and (3) the agreed price for, or the proceeds of sale of, any materials, supplies, or other things kept by the Contractor or~ sold, pursuant to the provisions of this clause, and not otherwise recovered by or credited to the Owner. ARTICLE G-24 - ASSIGNMENT OF CONTRACT No assignment by the Contractor of this Contrac~ or of any part thereof, or any monies due, or to become due thereunder shall be made without the prior approval of the Owner, which approval will be given only after the Surety on the Contract Bond has in- formed the Owner in writing that it has no objection to such assign- ment being made. In the event that the Contractor shall undertake to assign all or any part of any monies due or to become due under this Contract, the instrument of assignment shall contain a provision substantially to the effect that it is agreed that the r~ghts of~he assignee in and to any of such monies shall be subject' to the prior liens of IG-17 MS ~l"J, '- / ( ",.'""..' ~"...:~ .,.,,~ "~.~';;~}~.~\(~.ti:~'-A;'~""\1:'"1'i'fC.'<~'~'''\\;'''''''~~'~''' ',;. ....~,....... I - i .,',_ ...,.~....:~.~.~.,~''''.~.,__ "',.";',i'..1 ;:..._" ",.~;'.'" '..:i..L~,....i-.~~'\'>~,:':"" ;.......,~.~..,~... ;:',':,"',(...~'.. ....;,.'.J:...... , !. ./ all persons for services rendered or materials supplied for the performance of all work embraced by this Contract. ARTICLE G-25 - SUBCONTRACTORS c The Contractor may utilize the services of specialty sub- contractors on those parts of the work which under normal contract- ing practices arc performed by such specialty subcontractors. The Contractor shall not award any work to any subcontractor without prior written approval of the Owner. The Contractor shall be as fully responsible to the Ower for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. Nothing contained in the Contract Doc- uments shall create any contractual relations between any subcon- tractor and the Owner. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the terms of the General Conditions, the Special Conditions and other Contract Documents insofar as applicable to the work of subcontractors, and to give the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any provision of the Contract Documents. ARTICLE G-26 - SEPARATE CONTRACTS c- The Owner reserves the right to let other contracts in connec- tion with this Project. The Contractor shall afford other contrac- tors a reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends for proper execution or results upon the work of any other contractor, the Contractor shall examine and promptly report to the Owner and Ow~er's representative any defect in such work that renders it unsuitable for such proper execution and results. His failure to so inspect and report shall constitute his acceptance, at his own risk, of the other contractor's work as fit and proper for the reception of his work, except as to defects which may develop in the other contractor's work after the execution of the work under this Contract. To insure the proper execution of his subsequent work, the Contractor shall measure work already in place and shall at once report to the Owner any discrepancy between the executed work and the Drawings. ARTICLE G-27 - DISTRIBUTION OF WORK The arrangement of the Specifications in sections, under general titles descriptive of the principal materials or trades covered, is for convenience. _ This subdivision follows trade prac- tice as far as seems practical without unreasonably complicated or minute breakdown. Under many divisions it has seemed proper to include items of other trades or types of materials, the use or the installation of which is closely related to the principal subject of that division. Such arrangement shall not operate to , I , i IG-18 MS c..tg>~ ._~."._,':'::t;S':.),~~~:'::~~:~.. ~': ,..v.~;o,"" _"~\.'--",, . ',%r"~~:;';&1j;';'(~,~,,,~~,,~ ,. ,~; .\~....~:itt.~~~;:>~ \,.:, ",'j' :~ .~'."_t"'- ~ i j / r . t, i ,. "-,, ,-" '., '.-' ';"~~"';;"e.~-""~'..:"""~_'~4:_-....-~:...W'~....~-~..;;7-,..':"'____.:-";.,,. ---...., '_,~.~I~~\'ll~~~~"'''C('(''''Ii~'"''-''''''''-'''.''''''''''''''';--''''-c,'''',"..-.,'. c' ( \;""'-~ ;',._J.::'.... ')_:'..,.";., make the Owner an arbitrator to establish subcontract limits between Contractor and subcontractor. The Contractor and all subcontractors shall study the Drawings and Specifications in sufficient detail to assure that all required items are included. It shall be the General Con- tractor's responsibility to so arrange and distribute the work that all required items are provided by the proper trades and at the proper times, without controversy as to contract obligation, or as to jurisdiction, and he shall make all necessary adjust- ments to this end. ARTICLE G-28 - NO WAIVER OF LEGAL RIGHTS Observation by the Owner's Engineer or by any of his duly authorized representatives, any measurement or report by the Owner's representative, any order by the Owner for the payment of money, any payment for or acceptance of any work or any extension of time or any possession taken by the Owner shall not operate as a waiver of any provision of this Contract, or any power therein preserved to the Owner, or of any right to damages therein provided. Any waiver of any breach of this Contract shall not be held to be a waiver of any other or subsequent breach. The Owner reserves the right to correct any error that may be discovered in any estimate that may have been paid, and to adjust the same to meet requirements of this Contract. The Owner further reserves the right, should proof of defective work on the part of the Contractor be discovered after the final payment has been made, to claim and recover by process of law, such sums as may be sufficient to correct the error, or make good the defects in the work. Any waiver of any provision of the Contract Documents shall be specific, shall apply only to the particular item or matter concerned and shall not apply to other similar or dissimilar items or matters. ARTICLE G-29 - SCOPE OF PAYMENT The Contractor shall receive and accept the compensation as herein provided in full payment for furnishing all materials, labor, tools, equipment and transportation, and for performing all work required to complete the work under this Contract; and also in full payment for all loss or damage arising from the nature of the work or from the action of the elements, or from any unforeseen diffi- culties which may be encountered during the prosecution of the work until its final acceptance by the Owner. The prices stated in the Proposal include all costs and ex- penses for labor, equipment, materials, commissions, transportation charges and expenses, patent fees and royalties, labor for handling materials during observation and/or inspection, together with any and all other costs and expenses for performing and completing the work as specified. ARTICLE G-30 - BASIS OF PAYMENT I The basis of payment shall be the Contract Unit Prices the Contract Lump Sum Price named in the Proposal,. ~';(-~j'{' . ,: "',' ' '~<i-f~ l!i ;."'r. '~";' and/or IG-19 +~ p'---" ,. "lo;),~~!{"'~:~:i;:'~ :_~, ':" ;l:"::":;. .. H ':',", ".,~'~ .;' ~~\~-:~~-::;;':'~:"'. .. ; ",{~'-""'::r; . ~.~, .....'....,'-~._~.. '~ .' ,"', l,:'-I..',,~":':.-_..A,"+.:~'.':.'.... ,.' ....;':...~-::,::.... ,.....,,;.:.~:-r.,~.:.~.:,ft,;.~,.~..~~,~':~~;.:.j:~._i<:'.--:. ~,.,. '.' - ... " - ,:,~ -,-~.'," ......., .,...~,"_:",'c'..'t.';~\:'.,:__%!',''tI\~m~1:ttt~~~\;t:~~~,~.~~l~~~~~I,.:~~.~~~"j!li::~~:.;:.~;,;.'r.:;.'-.'.~,_..... ,./' (' \. recommendation by the Owner, the amount of the estimate, less any charges or damages herein provided for, will be paid. Upon such final payment, the Owner shall be released by the Contrac- tor from all liability whatever growing out of this Contract, except for the balance, if any, of such amount as may have been retained to cove~ charges, claims or damages, as specified; and if the Owner is satisfied that no such charges, claims or damages exist or will arise, no such amount will be retained. All prior estimates are subject to correction in the final estimate. Each request for a partial payment shall be submitted on an Application for Payment Form shown on Page IG-24 which shall be accompanied by an executed copy of the Certification of Contractor shown on Page IG-25. ARTICLE G- 32 - MEASUREMENT AND PAYMENT Measurement and payment for work items for which direct payment is provided will be achieved as required by the Technical Specifications. When no direct payment for work or materials is required in the General Conditions, the Special Conditions, the Proposal, the sections of the Technical Sepcifications or in other parts of the Contract Documents shown, indicated or noted on the Drawings, compensation therefor shall be included in the Contract Unit or Lump Sum Prices for the several pay items under this Contract and shown and listed in the Proposal. ARTICLE G-33 - AFFIDAVIT AND RELEASE OF LIEN ( When the work has been completed, the Contractor shall execute a Final Release of Lien and an Affidavit declaring that all bills have been paid in full. Should the Owner be a division of the State of Florida or a municipality therein and a Schedule of Pre- vailing Wage Rates as issued by the Florida Department of Commerce is appended thereto, the Contractor shall execute an Affidavit declaring that not less than prevailing wage rates have been paid and the State apprenticeship employment program has been followed. These documents will be furnished to the Owner in a form similar to those which appear on pages IG-26, IG-27 and IG-28. IG-21 so ",<i~~~;.~:1'>',""-" , ,.;, -' c;",'-_' ~"~f'4-~',- . ',~. J -.-," I,' _" ;"._~..,..~.,.",~,\".".,~.~~(\iJ.-JJ ., """I!\')(~.o::..- ^d~~n":~';'. "( .;....,',-, .: ARTICLE G-3l - PARTIAL AND FINAL PAYMENTS / \ If the work progresses according to this Contract, the Con- tractor will be paid each month, 90 percent of the value of the work completed during the preceding month and 90 percent of the value of materials not already used, but which have been furnished by the Contractor under the Specifications and satisfactorily stored on the project site, provided that such materials have been deliver- ed and inspected and that payment therefor has been satisfactorily certified by the Contractor to the Owner and provided further that the materials, in the judgment of the Owner's representative are such as probably will be incorporated in the work within the next thrity (30) days. The Contractor shall substantiate the value of stored materials for which payment is requested by submitting copies of supplier's invoices for the stored material. For the purpose of preparing a monthly estimate for partial payment, the Contractor will make an approximate estimate of the value of ~ll work done and materials furnished as of the last day of each calendar month, and will deduct 10 percent thereof and all previous payments and charges, and the balance will be paid by the Owner to the Contractor on or about thirty (30) days after the submittal to the Owner. The Owner's representative shall review, revise and correct, if necessary, and then approve the estimate for partial payment before it is sub- mitted by the Owner's representative to the Owner. The 10 percent which is deducted each month is reserved by the Owner as a partial guaranty to it of the faithful execution of this Contract. As a consideration of such payment of 90 percent, the Owner shall have the right to enter upon and put into proper service any or all parts of the work which may be in condition for use; however, such use shall not be construed as the final acceptance and the commencement of the one year guarantee bond period for any or all parts of the work, unless final acceptance is made for the complete project at that time. No claim or charge is to be made by the Contractor for such use, nor is such use to be construed as an acceptance by the Owner of any part of the work so used. ( Upon receipt of written notice from the Contractor that the work has been completed in conformity with the Drawings and Speci- fications and any approved changes thereto, the Owner's represen- tative shall promptly examine the work and, making such tests as he may deem proper and using all of the care and judgment normally exercised in the examination of completed work, shall satisfy him- self that the Contractor's statement appears to be correct. He shall then inform the Owner in writing that he has examined the work and that it appears to conform to the Contract Drawings, Specifications and any approved Change Orders and that therefore he recommends acceptance and final payment to the Contractor. How- ever, it is agreed by the Owner and the Contractor that such state- ment by the Owner's representative does not in any way relieve the Contractor form his responsibility to deliver a completed job in good and workmanlike condition, and does not render the Owner liable for any faulty work done or materials used by the Contractor. The Owner's representative will then!make a final estimate of the value of all work done and will deduct therefrom all previous payments which have been made. The Owner's representative will re- port such estimate to the Owner together with his recommendation as to the acceptance of the work or his findings as to any deficiencies therein. "After receipt and acceptance by the Owner of the properly . executed ,Affidavit and the Release of Lien land within sixty (60)' days ~fter approval of the Owner's representative's estimate and TG-20 MS " Sf <.'",'; ( .... '..':>;~;~~~ '. ........ ;!' i"< \:~ ..,,', ::~;:: \.~,,1,' ~...,~.., ~-.' -, ' ,,,':~:;'~e>:~'~,'_~,''''';.~'''''<_''''''''_''~'''''_-;.oo-~;_.- -,,".- ~ - .,' .'. -' . :<~'~~~4:it-'~;"';"'c~~~~ <.:o:~<,i~,-,,"';'~~'<~;::~~~'::;:..i:_'<4"':":%'~S';.,,"",,: _~'l>:''''':':'~ ".i ,".j' --''''/<~ , ' ',(,,1,.";,,:: 4 '~-4\.l:I.1~~~}~"" ,...;:.(J'!:,:;.~;;......t.#..;~~;~:~Cf.l!!4':<~"!Yl;.'l\.~~:\'""'1..~';!;..'''''"<~I'''''-~...-...\""iW.....~..~'-....:~ /' " .1 CEHT] F 1 C^TE OF J NSUH^NCE ( THIS IS TO CElUIFY THAT TilE UNITED PACIFIC INSURANCE COMPANY 1 ns u r a flce Comp:lIlY Address of PHILADELPHIA, PENNSYLVANIA has issued policies of insurarlce, dS descrihed below and iJcntified by a poli- cy number, to the insured named below; and to certify th.1t slIch policies :Jrc in full force and effect at this time. It is agl-eed that none of these pol i- des ....ill be cancelled or changed so as to affect the interest(s) of the ....cillllillJ}Ej10NROE (hereinafter sometimes called the Ownc.>r) until thirty (30) days after written notice of such cancellation or change 113S been delivered to th~ O~ner's Engineer, Insured R. W. TAYLOR STEEL COMPANY, INC. Address P. O. BOX 1271 OGDEN, UTAH 84401 Status of Insured X Corporation Partnership Individual Location of Op~rations Insured KEY WEST, MONROE COUNTY, FLORIDA . ' All operations by or on behalf of the insured and all premises DescrIptIon of Work or property used by or on behalf of the insured in connection with the construction of three incinerator plants, one at Key Largo, one at Long Key i'lnd onp (It Cudjoe Key, Monroe County, Fl or; di'l, suhject however, to i'lll exclusinns and limitations of the policies. Additional Insured: Monroe County, Flordia (. INSURANCE POLICIES IN FORCE Forms of Coverage Policy Number -Expiration Datc *Worker's Compensation/Employers' Liability Contractura] Liability UP 650-55-47 UP 650-55-47 UP 650-55-47 12-1-80 1 2 - 1 -80 +Co~E!'Eensive Automobile Liability oCo~~ehens i ve Gene ra 1 Li a bi.li!Y 12-1-80 ;. !Excess Liability Other (Please specify type) POLl CY INCLUDES COVERAG[ FOR:' Yf.S 1\0 1. '::J.iability under the Uniled Sl.1lcs Lonshorcmen's ;lnd J1<irhor \,'orkcrs' COlnjlCnS,lLion Act. i,\ll o..;ned, hired, OJ' nono..mec\ .1lllo:llotiv(' eCjuipment- IIsed in connectio~ with \.'ork r,on(' (or lllP. O"-'ncr.. -1UA- l",2. _ -X_ IG-22 ~IS S~ " It- / (/ ,,. -:,.,,~.~-,~ .'-.__,.",-,.....,' ...,;;.;...1::.......'" ..,....... ~:,.~,~,~.J:...~,;.......~',...;: ....,:.;..;,..,,,;. -,,;....,_:.._.~}, '.~;,. . ,,_.~ ""~''''_';'_''''''~'''''-~~;'''''I''''';'rj,~ ..... _J~ .'."..~,~' -;.;. -~.,.:,~ ,/ " -( I ~ POLlCY INCLUDES COVERAGE FOR: (Continu~d) YES :\0 c 4. 5. 6. 7. I 8. ODamage caused by explosion, collapse or structural . injury, and damage to underground utilities. oProductsjCompleted Operations oOwners and Contractors Protective Liability oLiability assumed in the Contract oPersonal Injury Liability iExcess Liability applies excess of: (a) Employers' Liability (b) Comprehensive General Libility (c) Comprehensive Automobile Liability Cd) Contractural Liability x -y-- -X- -y-- ~ 3. N/A. ~ N/A f\f7A FORN OF COVERAGE J.HIlTS OF LIABILITY BODILY INJUH.Y -----pHOPEltfy DA,'I.~Gt Worker's Compensation Statutory XXXX~\^X^~~'XXX Employers' Liability $ -; Each Accident :-..^x~xx.'\x~'\.\'XxxX Comprehensive Automobile Liability $ 500,000 Each occllrence- Comoined Sillg~Limit BI/PD Comprehensive C General Liability Contractural Liability $ 500,000 Each occurp.nce- Comoined Single Limit BI/PD $ 500,000 Excess Liabi Ii ty $ Each occurance~ Combined S~g}c Li~i t 131 /PD Other (please specify type) The Insurance Company hereby agrees to deliver, ,,'ithin tell (0) days, two (~) coples of the above polic~es to the Owner's Engineer when so requested. NOTE: Entries on this ccrlific;Jte arc limited to the Authorized Agent or Insurance Company Representative. Date 2-22-80 (SEAL) , i! ~/L (jV,' ,; 1/ " Is sued :s t SALT LAKE C!TY. llTAH FRED. ( '"-' Jnsur;Jnce Agent or Comp;Jny _ St-n<'..--origin:ll dnd one copy to: Clerk of the ,County Commission 500 Whiteh~ad Street Key West, lL 33040 IG-:l3 ~JS ,~, '. . .' , ;:~~:;~Ji&;:~{~~'~f&t~, ~~~i%5t~,~~,~",~:,~",,~~ ~;f~~;~. :~" ,'~" ,~. '''~lo",o.~.!~~-~: 'j, ,'~. ...-=-~.~. ,~~~r.;'~~~~_',-' .r;""~: ,.' ~ , :~.:, .;,../. !~~ .:' ,..... _0_-4". .....'--....,.,-'...;..". :... ..:.,~..,'I:,....-..-.;""-~...'..".,;.,,:.,.,;;.:".,"','.-....,., ""'..'.,....:;..-.;.~."'.-":.....,,.. :, ~" ::-~_~~\~~~~~0/.i..~~'t..-:.t~;':}1.:';..~~~*'~~~j~;."..~~~.~~'..~~~;...:>M~~~~;~~':.".~...>~,. .~.' .;., CE[(f] F 1 C^TE OF ] I~SUH^NCE ( THIS IS TO CEJ\TlfY THAT THE MISSION INSURANCE COMPANY Insurance .C;:;-mpJllY Address of LOS ANGELES, CALIFORNIA has issued policies of insurdllce, dS descrihcd below and iJentified by a poli- cy number, to the insured named below; and to certify th.ll ~lIch policiC"s :nc in full force and effect at this time. It is :31.;reed lhat none of lhese pol i- cies ....ill be cancelled or changed so as to afff'ct the inlerest(s) of the __.GilllliTY OF MONROE (hereinafter sometimes called the QwnL'r) until thirty (30) days after written notice of such cancellation or cllangc lIas been delivered to th~ Owner's Engineer, Insured R. W. TAYLOR STEEL COMPANY, INC. Address P. O. BOX 1271 OGDEN, UTAH 84401 Status of Insured ~ Corporation _ Partnership Individual Location of Op~rations Insured KEY WEST, MONROE COUNTY, FLORIDA (, Description of Work All operations by or on behalf of the insured and all premises or property used by or on behalf of the insured in connection with the construction of three incinerator plants, one at Key Largo, one at Long Key and one at Cudjoe Key, Monroe County, Florida, subject however, to all exclusions and limitations of the policies. Additional Insured: Monroe County, Florida INSUR^NCE POLICIES IN FORCE Forms of Coverage Policy Numher 'Expiration Dilte *Worker's Compensation/Employers' Liability +Co~..!:-t;.bensive Automobile Liability oCol~~~lensive General LiabiliY Contractural Liability !Excess Liability Builders Risk MS-012292 12-1-80 Other (Please specif-1type) POL 1 CY ] NCLUDES COVERAGE FOR;' Y f.S }:O 1. '::Li;loility under the Uniled Slales Lonshorcrnen's ;JnJ 1!;1l-bor \,'orkcrs' COlnj1cnS;Jlion Act. + ,\ 11 0.....' n (: d, h ire d, 0 r 11 0 n 0 .....'ll C rl a ul (): J1 0 l i v (' C CJ 11 j j ":1(' Ilt . : used in connectio~ .....'ith ......ork (~on(' for tlw O...'ncr.. N/A ( 2. '- N/A IG-22 ~IS 0Y- .~;t::.~~_~,:~~~..,:t1:'.~~}~t'\'~J~~.:.;~~~~:t:-:~: ~{~?~_' ~ -<'!(..~,:". '.17.'I;.~,.tf--~;~'!-'_~.":~"""""";;''''' '''''',:'''' ,,-,_'~L',,__ 'r.~,' :<:" ....'.-i.;-ll-;_:r-:,~:: ";'--;':~~ " ;' v..: ~1.:.:~.-.;,',~:'~;;':+,..'~, .:.;:>\:;.~~;ti-;'f\'~~";AJ~i~'~~~~;.A~j~~?~''?~,,,"x,~~;t,~';'~',:~.;,;;.~~.-ti~! ~ POLICY INCLUDES COVERAGE FOR: (Continued) YES :--:0 ( 4. 5. 6. 7. , 8. OD<image caused by explosion, collapse or ~tr\lctura] "injury, and d~mage to underground utilities. oProducts/Completed Operations oOwners and ConLractors Protective Liability oLiability assumed in the Contract oPersonal Injury Liability iExcess Liability applies excess of: (a) Employers' Liability (b) Comprehensive General Libility (c) Comprehensive Automobile Liability (d) Contractural Liability N/A Jj1A..- lJ1L 1UL N/A N/A - N/A N7A N/A_ 3. FORM OF COVERAGE Worker's Compensation Employers' Liability $ --., Comprehensive Automobile Liabi 15 ty $ Comprehensive ( General Liability $ Contractural Liabili ty $ Excess Liability $ LHIlTS OF LlABILITY BODILY INJUHY ---pj{OPElny DA,'l!iGt Statutory XXXXX~^X~~~\XXX Each Accident \"'Xxx-\X.,\xx,'0.'XXXX Each oCCllrencc- ComtJined Sin~Limit Bl/PD Each occurp.nce- Combined Single Limit Bl/PD Each occurancc- Combined Sing}c Li~it l3l/PD_ Other (please specify type) Builders Risk - $5,275,761. Fire, ECE, V&MM. 100~ c'n":inC:llravcp, $5,000 Oed. Each LODD The lnsurance Company hereby agrees to deliver, within tC,lI (10) t13ys, two (:>.) copies of the above polic~es to the Owner's Engineer when so rcqueste~. NOTE: Entries on this c~rlific;Jle are limited to the Authorized t\gcnt or Insurance Company Representative. Date 2-22-80 (SEAL) Issued ~t SALT LAKE CITY, UTAH c lnsur~nce Agent or Comr~ny _ St>nd--origin.l1 <:sod one copy to: Clerk of the County Commission 500 Whi~ehead street Key West, FL 33040 IG - 23 ~lS 55' ~_,.,.:"~.I,..,.:,..:~_ ", ,,~~. ,.... '!Jo 1 ,.~~.;,~~~~~.~;~~~~.f~\~t~.~~t~-,::~.. .; ...::~:~,:~~~.",.""'1~.>"-, , .~""''-~l~,,'d'.,. '''"' ".,.,(~~'.'. \ , \ ,~~";':''i~'~''~~~(~'~1.~.h.,+~",*-~~~I_;~;_:~'.\ ..,..,.~~r)!l'~~i,::.. .-,~.:''J(::~''''''(M~:~'<'' . i / ....... ~_..._,:.;.;.;;..:;...,:~_~.......,~~......;..,....__..,.",:l_. .......~~..........-...".. .'0:'.,,__ .. 1>-:'" J~_,,',..l.t ; ) C[HT] F 1 CATC OF 1 NSUHANCE ~; '\ c THIS IS TO CEHT1FY THAT THE INDUSTRIAL INDEMNITY_~QMPANY Insurance Comp"lIlY Address of SAN FRANCISCO, CALIFORNIA has issu~d policies of ~nsuraTlce, as descrihed below andT;fcnlified by a poli- cy number, to the insured named below; and to certify th.lt sllch poli.cips ;)rc in full force and effect at this time. It is agreed lh3t none of lhese pol i- des will be cancelled or changed so as to ;)ffect the intercst(s) of the ~UNJ'Y OF MONROE (hereinafter sometimes called the Owner) until thirty (30) days after written notice of such cancell<1tion or change h3S been delivered to th~ Owner's Engineer, Insured R. W. TAYLOR STEEL COMPANY, INC. Address P. O. BOX 1271 OGDEN, UTAH 84401 Status of Insured 1L- Corporation P;)rtnership Individual Location of Op~rations Insured KEY WEST, MONROE COUNTY, FLORIDA ( Description of Work All operations by or on behalf of the insured ,and all premises or property used by or on behalf of the insured in connection with the construction of three incinerator plants, one at Key Largo, one at Long Key and one at Cudjoe Key, Monroe County, Florida, subject however, to all exclusions and limitations of the policies. Additional Insured: Monroe County, Florida INSURANCE POLICIES IN FORCE Forms of Coverage Policy Number [xp{ration Date -.':'Worker's Compensat ion/Employers' Liabil i ty CP 794-8967 -'--__ l2-l-80 +Co~~~~nsive Automobile Liability oCo,~~ehens i ve Genera I LiabiliY Contractur<1) Liability .. !Excess Liability Other (Please specify type) POLlCY INCLUDES COVERAGE FOH:' YES NO 1. '::Li;lbility under the Uniled Slales LOl1shorc:men's :Jnd JI.1rhor \,'orkcrs' (om;lCl1s.1tion Act. of,\ 11 U\med, hi rcd, oj' nono\.,'llcrl <lulOl1lol i vc eCju j prnC'Jlt used in conncctio:1 with ""ark done' for thp. O...'ncr.. x l_ 2. N/A 1 G-22 ~IS s, 't., , :......:M_""':~"~.~ . ':c. .>:~!l:'t~.7'~~~i-:" >~. ,'.~.......>_.." ,__d.,,,,_ _q ,.,.~.::..: ...-'''~''- '7,,,N";'!f,,,!:"""":~"'''''''' ji""~~;",,"';~S:;~'~,1~~t~,~~;t.,'-t;*"fl:'~~'_',i.~,)",.,,,,;iiA:,.,~,,~,"*"",~:;"VI"j'M"~'''!''''''.<I;;ji,~,~..~j'''''''''''.'i'O;''~~&''''",..",;.......~;;..t': ,.,,~,'," . ' POLlCY INCLUDES COVERAGE FOR: (Continued) 4. 5. 6. 7. I 8. OD;)ma~e c<:lused by explosion, coIl.1pse or stfllctllr<l} 'injury, <:lnd damage to underground utilities. oProducts/Completed Operations oOwners and Con~ractors Protective Liability oLiability assumed in the Contract oPersonal Injury Liability iExcess Liability applies excess of: (a) Employers' Liability (b) Comprehensive General Libility (c) Comprehensive Automobile Liability (d) Contractural Liability YES };O N/A -.---- ~/A_ N/A N7A -- N7A N/A NTA N7A ( 3. I.IMITS OF LIABILITY BODILY INJUHY -----pj{OPEIHV DA.~'i.~Gt FOR~I OF COVERAGE Worker's Compensation Employers' Liability $ -- Comprehensive Automobile Liability $ Comprehensive ( General Liability $ Contractural Liability $ Excess Liability $ Other (please specify type) Statutor~ XXXXX~^X^~~\XXX ~ ~ Each Accident );,^xX-XX,'Xxxx)..'Xxxx Each occurencc- Combined Single Limit BI/PD Each occurp.nce- Combined Single Limit BI/PD Each occurancc- Combined Si lIll~e Li~i t 131 /l~_ The Insurance Company hereby agrees to deliver, ....'ithin tell (10) days, two (2) copies of the above polic~es to the Owner's Engineer when so requested. NOTE: Entries on this cerlific:ltc are limited to the lllllhorizcd ,\gcnt or Insurance Company Representative. Date 2-22-80 (SE^L) "/'- - t I rizco H('lj(('sellt~livc / S. JAMES/& CO. OF UTAH ,? Issued at SALT LAKE CITY, UTAH l: InsufJnce Agent or CompJny _ St:'n<'..-,origin:ll and one copy to: Clerk of the County'Commission 500, Whitehead Street Key West ,-FL 33040 IG-~3 ~IS 57 "~"'''''-~t'~:'>'~>''';-:''''''''''' "',:.1..,.-" "-"::f~,,;~~, .';- "~'\,; ',~ . <'~' .....,.\-~.......~. :',' '.>{~-";,~(''!'+':.r.:.q.~......~"..,. ~"~,::':--:{':..);__:':.--:-~',-;:"';'''''~'--: "!' ',,"_~.',,-.' ""...._:..Cr:::::'-":.......': ::.;...~,~, # ( .' .' , C[Wf] F 1 CATE OF J NSUHANCE .' ( TH 1 S 1 S TO C[HT lFY TJl.A T TilE GRANITE STATE INSURANCE COMPANY Insurance CompJny Address of MANCHESTER. NEW HAMPSHIRE has issued policies of insurdnce. dS descrihed below and iJenlified by a pol1- cy number. to the insured named below; and to certify th.lt slIch policiC's :lre in full force and effect at this time. It is 3gl-eed LhJL none of these pol i- des ....ill be cancelled or changed so as to ;)f(ect the interest(s) of the COUNTY OF t~ONROE (hereinafter sometimes called the O.....ner) until thirty (30) days after written n0tice of such cancell:ltion or change h~s been delivered to th~ O.....ner's Engineer, Insured R. W. TAYLOR STEEL COMPANY, INC. Address P.O. BOX 1271 OGDEN, UTAH 84401 Status of Insured X Corporation _ Partnership Individual Location of Op~rati0ns Insured KEY WEST. MONROE COUNTY, FLORIDA ( Description of Work All operations by or on behalf of the insured and all premises or property used by or on behalf of the insured in connection with the construction of three incinerator plants, one at Key Largo, one at Long Key and one at Cudjoe Key, Monroe County, Florida, subject, however, to al I excluSlons and Ilmltatlons of me policies. INSURANCE POLICIES IN FORCE Forms of Coverage Policy Number -Expiration Date *Worker's Compensation/Employers' Liability +Co~~~.bensive Automobile Liabi Ii ty OCO~~~lens i ve Genera 1 Lia biJ.iY Contractural Liability iExcess Liability 6179-6822 12-1-80 Other (Please specify ty~) POLl CY 1 NCLUDI::S COVERAGE FOR;' YES )\U 1. ':'-Li;lbility under the UniLed St;JLes Lonshorcmen's ;,no II;, rho r "'0 r k e r s' COin Jl ens .1 t ion Act. t"ll o\..;ned. hired. 01' llono\,'l1erl ;JIILu:noLivc eCjuip/l1C'nt' used in connectio'l .....ith ....'ork r.onc for the O'n'ner.. X Cd 2. -~- IG-22 ~IS S~ .;',u '~.r- -'l"'!;,~~'~.~..' ~,': '~';' . j.f.:r.:\.~_':~~_'" '. ~~~..,l~~1':"~r. _.~",'"..~:~. \ \ - . ,,-, ... ., '......~ '. ...... , ,.r~:::::::::::::~:=::===~~:~"~:...,~.",~~.,<....~-_.~..:~,, "...' ". ,.~,.I".-.,,',".,"'~,*.:::;.. .-~1i'~~(W"~;"'" ,..-..'.'....,'."<..- ...~.'.:..~...f .'. , . POLICY INCLUDES COVERAGE FOR: (Continued) YES };O ( 4. 5. 6. 7. , 8. ODamage caused by explosion, collapse or structural 'injury, and d:Jmage to underground utilities. oProductsjCompleted Operdtions DOwners and Con~ractors Protective Liability oLiability assumed in the Contract DPersonal Injury Liability iExcess Liability applies excess of: (a) Employers' Liability (b) Comprehensive General Libility (c) Comprehensive Automobile Liability (d) Contractural Liability x X -r -y- ~ ~ X -L- --L- 3. FOR~1 OF COVERAGE LHlITS OF LlABILlTY BODILY INJUHY -~OPERTY DA.'lAGt Worker's Compensation Statutory XXXXX~^X^~~XXXX Employers' Liability $ , Each Accident ~T\XXX.\Xx.U^XXX Comprehensive Automobile Liability $ Each occurence- Comuined Single Limit BljPD Comprehensive (':.. General Liability Contractural Liability $ Each occurp.nce- Combined Single Limit Bl/PD $ Excess Liability $ 3,000,000 Each occurance~ Combined Sin~~~~~it I31/PP_ __ Other (please sped fy type) The lnsurance Company hereby agrees to deliver, \o,'ithin tell (10) l13yS, Lwo (~) copies of the above polic~es to the Owner's Engineer ~hen so requestetl. NOTE: Entries on this certificate are limited to the ^IILhorized I\gent or Insurance Company Representative. Dale 2-22-80 . (SEAL) ATE~,S .~<;IIR~ti~;~)~ Issued at SALT LAKE CITY, UTAH ~. lnl""'W~:::~~'y,c · ~_. __ ,.".IX )\!ji1&I1WV~j'::l FR~~~ S ~ r ~;~~21~~~ ~ e~~t Ju~~l l Insurance Agent or Company _ 5-e ~r-' 0 d gin:l1 d n don e copy to: Clerk of the County Commission 500- Whitehead Street Key West, FL 33040 J G- 23 ~IS ,~,. ,"~ ,.,:~~._;'7__;~'-~:' ',,' ~ ':':_/_~ '~f:,..:~~l<...~~":':).~~:'::, ....,t~.....-. . >;. '" '.:;::.;..;.:~,'=""';:'~.:'~'\".j~ ..~,,:,~.,~,...''t;:!:\:'K~'f. 'i;'i":..:1t:~,;..~.,'r.:<~~~b;~:~7~1J;u'le~*,~~~~~~.':~-~~;;'~~-"i'~'i~.4;,~~:i~~~,,~1:-i'_;!.";~'f.':;~;;ifi~~~~~\~f~'~~;~~",".~-td;;o.~_'J.~~.'~;...t";' "/"" CERTIFICATION OF CONTR~CTOR ( According to the best of my knowledge and belief, I certify that all items and amounts shown on Application for Payment No. _ are correct, that all work has been performed and/or materials supplied in full accordance with the terms and conditions of this Contract, dated , 19 between (O',..;ne r ) and (Contractor) I further certify that all just and lawful bills against the undersigned and his subcontractors and suppliers for labor, material and equipment em- ployed in the performance of this Contract have been paid in full accordance with their terms and conditions; that all taxes imposed by Chapter 212, Flor- ida Statutes (Sales and Use Tax Act), as amended, have been paid and dis- charged; and that there are no Vendor's, Mechanic's or other Liens or rights to liens or conditional sales contracts which should be satisfied or dis- charged before such paymenL is made. Date: Contractor: STATE OF COUNTY OF ) ) C. Personally appeared hefore me this day of 19 known (or made known) to me to be the (Owner) lrartner) (Corporate Officer - Give Title) of Contractor(s), who subscribed and swore to the above instrument 1n my presence. Notary Public - (Tj~e Name) My Co~~ission Expires: , 19 The Contractor shall execute this Certificate and attach it to each Ap- plication For Payment. (-~- IG-25 ~lS ~o ~~Hi~~~/..~~;'.~ ,,'.' .'~ ~~~~,,',. .~...~lf't.~~;;~"-" i '-;""!"""-':'., 10'~ ..,~ ~t,:~,:f? 'N'f.::>tl1FV,--.'"" ,-... -,'" , -",,'.-"" ( '.__.-_';'.';'.~_.;1'''';' ......,_"",';..,..-,..;..... ."","-". .. .... .~-..-...'-'- .... ... -., -.~-<-' -,'''..~...-..._..,--<.......-............... ~',-",., . --,., . ~ ~_;,.~~;-f~~:.:....~.';;,~:.,."';<~.;,.<,:,(:.t~;;:.,.-.:.,.:;:,i1 ~ . ,~.)!, .".,0',1 ;....." . -.. ~ _:'~''''_' /' "'~,~,~.........""-_. . ~~i;~)~': :'~l :';"~..'~ ~ ~,;/~~,:..:... ~ .. "~j.~ -.,;: A F F IDA V 1 T ( STATE OF COUNTY OF ) ss ) Before me, the undersigned authority, authorized to administer oaths and take acknowledgments, personally appeared , who, after being first duly sworn, upon oath deposes and says that all lienors contracting directly ~ith, or di- rectly employed by (him, them, it) and that all taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act) as amended, have been paid and dis- charged, and that all bills, wages, fees, claims and other charges incurred by in connection with the construction of (.~.>.",,' ,'>,;" have been paid ln full. SIGNED: f' By: WITNESSES: SWORN ~~ SUBSCRIBED TO BEFORE ~lli THIS day of 19 A.D. Notary Public State of Florida-at-Large ~ly Commission Expires: IG-26 ~lS ~l '_"'_~_~' .__n__ __. ~__ ~ ';~~'''.;':rlf~~'~-:t.~.._;, '. '., ""~~" ..., - ....' - ". - '~"", . . - . '.', / I I ! . 'in III J ~.lit__.~.f'flj.1I.1.'TWi~ilitllltli~. ".II~,~~,""("-" . ,'~~<,'-'.''',,:~~''!':'''''''~'--~'' -'~'.-" APPLICATION FOR PAYHENT NO. ( Project No. Project Name: Owne r : Contractor: 1. Value of original contract work performed to date: Labor: $ ~1aterials: $ Total $ 2. Extra work performed to date: Labor: $ ~laterials: $ Total $ 3. ~laterials accept'd .Jnd stored at site: $ f' 4. Gross value to date: $ 5. Ten percent retained: (-) $ 6. Net amount due to date: $ 7. Less; previous net amount: (-) $ 8. Balance due for this payment: $ Note: This Application must be accompanied with the Certification of Con- tractor Form. IG-24 ~lS ~"2- .\II: ,{~~~..:.,.." ',-:' ~'''''~:~'''-~-- -"'_..-- --~', _...~-_.,~",,~_....-....~..,.......,..,.-..........<.,..,._-.- . \ \ ) .*~%.I";;;~:';'~_..-';;.i""'.....ci.,.,.i",'.~i<..::;;,,,.....,'_:'>J;l;e'I';'1';"'~~'.,.J.,.........".,-" ';,'.....,,,_...,.; ".,"",_.",,~,,' '.".'''-. '~'"'''''''-'''':'''''''''i_",,~'~'l''''''''''''':'''''''';'''''''''''''''''-'-''''A~'''' ". '. " \, ,\..I........~;-. ,,/ /" i \ FINAL RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of the sum of ($ ) paid to by the Monroe County, Florida, receipt of which is hereby acknowledged, do[es] hereby release and quitclaim to Xonroe County, Florida, the Owner, its succes- sors or assigns, all liens, lien rights, claims or demands of any kind whatso- ever which now has (have) or might have against the property, building, and/or improve- ments, on account of labor performe8, material furnished, and/or for any in- ( \.." cidenta1 expense for the construction of ~ thereon or in otherwise improving said property situated as above described. IN WITNESS w'litREOF have (has) hereunto set hand and seal this day of , 19 A.D. WITNESS: (Seal) SwOR.~ A..'ID SUBSCRIBED TO BEFORE HE this day of A.D. Notary Public State of Florida-at-Large ''';;,,'. My Commission Expires: IG-27 802-043.00 ~3 \'~.c::'-':':--"~~"~"!" .I'."~'.~~:'~x;.' $0. .,,;..~;,..,J:";:". "~;~ ':~;':",:,,". ,~~~i~~t~:;~',F,~.' .......-_. ...0 ~:_:' .,',..... .A_ . '~I&~i;r~~- ,,- ~""'::~C'" ~~'....i.:'~. ., -'- ~., " ., '_\~. .:. ,.,;~:;""~~;,.~,::;~:~~~...'';;~:,,"~_1~';';'~' ""-., ,~'~~~.'~'::("1#,....~c,,,~-N~.;i""~-;~'~~~~~' " . .,-.~,.....~~>~."~-"-'. . '...." """'~'-'-' .,....,............,_..~'._'. _..."......~._\....?"'~. c..,._..".J...~,.~'.-..-.. ~ "....010,:.",'....,;; ~- -' .:. .~~.;_t.;r#~'~:-""~..""':4t')lotY'-~:"';"";"'~"'.\"';":;;';,~~:'\.r;!._.~/J'';:.,';:';' y; . ~. .I ;. 11 '.,_,:.!'f;;"'< .~, 4. ;"~ ~ ............~_~s,<...._-'..: .:,-........ r: .: .:_.1" ,~- ~,. '.."" ~.. ,,~~_)., >41\;" ", f:."~ .'-',"" , ~.~ , ,- ( A F F I D A V I T (Wage Rates)- - :-lTATE (IF F\.lll{[l)/\) ss COUNTY OF ) Before me, the undersigned authority, authorized to administer oaths dnJ take acknowledgments, personally appeared , who, after being first duly s,;,orn, upon oath deposes and says that not less than the prevailing wage rates im- posed by Section 215.19 Florida Statutes have been paid and the requirements of the apprenticeship employment imposed by Section 446.041(2) and Section 446.081 Florida Statutes has been complied with by the ~n connection with the construction of c Signed: By: Witnesses: SWO~~ fu~~ SUBS~RIBED TO BEFORE ~ffi THIS ____ day of 19 A.D. Notary Public State of Florida-at-Large My Commission Expires: l ~,,~ IG-28 HS ~...."",~.,,,-,..~<...-..,:;._-'_" -,-",,;~,""'-;- ....__. " '. .". . ''',"'' .......-. . ( ;-', ,/ f' ~4 -..y.. ,~"_ ~'k'_;'-: ..'" ,":"'.":~..~~_,,..;:.<:'..;.r~"i;'~""'_'~'" ,,'. ,-- '. : '-" . ':L~~~\~~...~,,~:;;~,it'k~~,':","\i,'d.'l" ,. "-'N'" ''I,-';'''''JJ'':":,~-,,\:'- '~'......'" ...k:", ,:.:\;L ", _' ,~',,~, ..:>':,<,;,.:,:.;..:....,:.!,',"-,,:~~,',...l':> .;;..,.. ..?~~~k;of;!..~:.;.i:'\:lr~,"~._~ll:}~~.....r-. ,..,...:.;"','~..-.... ~",~;;.aa,,",_'~":'-'yJ:'~.' .". ". . """'4". \, 'ic;', ~:. f' '.' . . .:' !";>:-' ;~...., ',. ,- .... . ",". ..,~~:,~.~~.~~~._~ ..: . . '~t1~_~;.::.'.:.~......~.~~:-..~..."'_.:,;~."'~,. ~, ,~_jJi..(Jnl.~~~I'.U..'1.!ljr'I_.iI,()~~~"i~.p,'''"''...;.,...'''~,..'''''''....,_;oi.'...',...':"."......, """_f-- ARTICLE G-34 - CLEANUP / ! The Contractor shall keep the premises, site and/or right- of-way free from accumulations of waste materials, rubbish and other debris resulting from the work. Upon completion of the work and before acceptance and final payment will be made, the Contractor shall clean and remove from the site, the right-of-way and adjacent property, all surplus and discarded materials, rubbish and temporary structures; restore in an acceptable manner all property, both public and private, which has been damaged during the prosecution of the work; and shall leave the site and vicinity unobstructed and in a neat and presentable condition throughout the entire area or length of the work under contract. The placing of materials of every character, rubbish, or equipment on abutting property, with or with- out the consent of the property owners, shall not constitute satis- factory disposal. If the work is of such character as may be done by blocks or sections, the Contractor may be required to remove promptly and dispose of accumulated rubbish, debri.s or surplus materials from blocks or sections as completed or partially completed. In the event of delay exceeding two (2) days after written notice is given to the Contractor by the Owner's representative to remove such rubbish or materials, or to restore displaced or damaged property, the Owner may employ such labor and equipment as he may deem necessary for the purpose and the cost of such work, together with the cost of supervision, shall be charged to the Contractor, and shall be deducted from any money due him on the monthly or final estimate. No Contract shall be considered as having been completed until all rubbish and surplus materials have been removed and pro- perly disposed of. ( I...,:c' ARTICLE G-35 - RECOVERY RIGHTS SUBSEQUENT TO FINAL PAYMENT The Owner reserves the right, should an error be discovered in the partial or final estimates, or proof of defective work or materials used by or on the part of the Contractor be discovered after the final payment has been made, to claim and recover from the Contractor ~r his Surety, or both, by process of law, such sums as may be suffic- ient to correct the error or make good the defects in the work and materials. , ARTICLE G-36 - GENERAL GUARANTEE Neither the final acceptance or payment by the Owner nor any provision of the Contract Documents, nor partial or entire'use of the premises (work) by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy all defects in the work and pay for all damage to other work, person or property resulting thereform which shall appear within one year from the date of final acceptance unless a longer period is specified. The Owner will give notice of observed defects with reasonable promptness. The Surety shall be bound with and for the Contractor in the Contractor's faithful observance of the General Guarantee. -END IG- IG-29 ._';~..~_~~<:.:.~~:'~";'~~:~:~r:~'._'}~,. .:',;:..,':f: ... ,:.:.1 ~_>::. ~" ~" ~" > ~~~_'1t'...",~~~~~, ';.:"~'''-i!o"",,, \~~:.,::,::;\~~,t-~.~,,:~~~:;i~-.~~;tj~"';-<~' ,-~.,-,/~.,~" ..,; -;;>,; :~":"'~'.;r~1:t.ll~..,. ...~.._~; ~. 'l:::>"""""~';.~~),""":--:~. -,.,. )....,...... \ .~~~7~"..,~~~.....~:.~.'<~,,~~\~~~~~"".~.~.~ . \ - ,\ ~li"......~I\J;I' Pl1'.W'~..~.......,._-""',:...<, '"", ,"~,\, f ._,~-."'"':::...,..,_,~ "...-..n$'.'JMlit~k,: .,.~~:tl~~t~"'..I'<:"~..t' . / ,.:....,.,.~..' :::;. ,.-' ,~,'~,::,:"",'I''''', ( DIVISION 1 GENERAL SECTION 1 SPECIAL CONDITIONS ARTICLE SC-1 Ow~ER'S REPRESENTATIVE FOR CONTRACT ADMINISTRATION Contract administration, construction management and acceptance of materials and workmanship remain the responsibility of the O~vner or others he employees ~or such work. Accordingly, the purposes of the Specifications, the terms "Engineer", "Owner's Engineer", "Inspector' and other references_to the person or persons granting approval, authority or permission, conducting inspections and tests, observing the work and so forth, shall be defined as and understood to denote the Owner or his authorized representative. ARTICLE SC-2 LAYING OUT THE WORK The Contractor shall .be responsible for establishing all lin2s and grades together with all reference points as required by the various trades for all work under this contract. All required lavout shall be done using competent and experienced personnel under the supervision of a professional engineer or land surveyor registered in the State of Florida. The Contractor shall provide all labor and instruments and all stakes, templates, and other materials necessary for marking and maintaining ~ll lines and grades. The lines and grades shall be subject to any checking thE Owner or Engineer may decide necessary. ARTICLE SC-3 CONTRACTOR'S OFFICE The Contractor shall provide and maintain an office on the project site with telephone facilities where he or a responsible representative oj his organization may be reached at any time while work is in progress. f' ARTICLE SC-4 FIELD OFFICE The Contractor shall provide a field office for the use of the Engineer during progress of the work. The field office shall be set on the site at a location to be determined by the Engineer. The structure shall contain not less than 120-square-feet, shall be watertight with suitable windows and doors, properly screened and provided with lighting facilities. Sanitary facilities with regular servicing shall be provided near the field office for the use of the Engineer and his representa- tives. The field office shall be equipped with one desk, one drafting table, one 4-drawer filing cabinet with lock, two chairs, one drafting stool, one window air conditioner and telephone. The Contractor shall provide electric power and local telephone service for the duration of the contract. Charges for long distance telephone calls will be paid by the person making the call. l, 1-1 802-043.00 (.,10 \.t..,:., .~<<.._'""':;,-~: , . 4' '.7,' '^'<'~~~';'~"';~~~*~~; :>.,I.:-.;f,:~ .-..".;;:.:...:,,""'...., 1'...:,:-t":.':,:;C1!:P!...~~~!-~\,;.....~~;l!'t'".~~~r~.;~~i~~~~~.(~~~~~>.::~.~(~~(.~~.:;..~~.;,',.:.:k'M."r.f.t~~4~~~~~a.~~,;'.~t.~~~~~.~~~~~; -9.',~,:...--:-. . , ! The field office shall remain the property of the Contractor and shall be removed upon completion of the work. The field office shall be considered a incidental item of construction and compensation for the facilities shall be as provided under the bid items listed in the Proposal. ARTICLE SC-5 USE OF EXPLOSI\~S No blasting shall be done except upon approval by the Owner and the gov- ernmental agency or political subdivision having jurisdiction. When the use of explosives is approved by the Owner as necessary for the execution of the work, the Contractor shall use the utmost care so as not to endanger life or property, and assume responsibility for any such damage resulting from his blasting operations, and whenever directed, the number and size of the charges shall be reduced. All explosives shall be stored in a secure manner and all such storage places shall be marked clearly, "DA."1'GEROUS EXPLOSIVES" and shall be in care of competent watchmen. In no case shall blasting be done within IS-feet of any structure, utility line, or other facility. All permits re- quired for the use of explosives shall be obtained by the Contractor at his expense. All requirements of the governm2ntal agency issuing permit shall be observed. ARTICLE SC-6 D.~L~GE TO EXISTING STRUCT~tlliS ~u UTILITIES The Contractor shall be responsible for and make good all damage to pave- ment beyond the limits of this Contract, buildings, telephone or other cables, water pipes, sanil-'l.ry pipes, or other structures which may be encow:l.tered, whether or not shown on the Drawings. ( Information shown on the Drawings as to the location of existing utili- ties has been prepared from the most reliable data available to the Engineer. This information is not guaranteed, however, and it shall be this Contractor's respcnsibility to determine the location, character and depth of any existing .,. utilites. He shall assist the utility companies, by every means possible to determine said lo:ations. Extreme caution shall be exercised to eliminate any possibility of arLY damage to utilities resulting from his activities. , ARTICLE SC-7 TESTS The Owner will pay for all required tests, except those proving satisfac- tory operation of equipment, pressure leakage tests and disinfection. Gen- erally, tests will be compaction and density tests, limerock quality tests, concrete quality tests (cylinder breaks). On asphaltic concrete and pipe, the manufacturer's or supplier's certificate that the material meets the require- ments of the specification will be accepted subject to verification by the Owner's Engineer. Any and all tests which have to be repeated because of the failure of the tested material to meet specifications shall be paid for by the Contractor and the costs of any such tests shall be deducted from payments due the Contractor. The Owner \.ill furnish all fuel, electrical power, solid waste material, diesel fuel oil, etc. for start-up, testing and operation of the facility. The Contractor shall provide the necessary electrical power during construc- tion. I \ 1-2 802-043.00 ~1 ....."'....,...i~;~~~.....j..::<;..;~41 ~;....C:,~~~,...~.t..~,v"'{~' ..:,;-:' , :;~."""',~~'.~ \~~. .. -. I'.. ,--. -q-,' ~:~'~~.r:i-:~O". '" ( ( (.. ",>. ::' :;""d.f \".~": ~,~::,"",.o::':'?;'" '~~"!;.~ ~~. 'fo... :.: ',_~. ,,_.~.' . .' '. ;. (." ,,:..!..~.' :......,,,. ;:...,"...~ ';'''l!', ;~ "i':.;" \ ~'.", ,<.~~.. .,' "~'" :'~/;.f;'.. ARTICLE SC-8 RECORD DRAWI~GS During the entire construction operation, the Contractor shall maintain records of all deviations from the Drawings and Specifications and shall pre- pare therefrom "record" drawings showing correctly and accurately all changes and deviations from the work made during construction to reflect the work as it was actually constructed. These drawings shall conform to recognized stan- dards of drafting, shall be neat and legible. The sum of $1,000 will be with- held from the contract price until delivery of the set of "record" drawings is made to the Owner. ARTICLE SC-9 SUBSL~ACE I~VESTIGATIO~ The Contractor shall be responsible for having determined to his satis- faction, prior to the submission of his bid, the nature and location of the w'ork, the conformation of the ground, the character and quality of the sub- strata, the types and quantity of materials to be encountered, the nature of the ground water conditions, the character of equipment and facilities needed prelimin.1ry to and during the execution of the work, the general and local conditions and all other matters which can in any way affect the work under this contract. The prices established for the work to be done will reflect all costs pertaining to the work. Any claims for extras based on substrata or ground water table conditions will not be allowed. The attached information on subsoil conditions was obtained for use in the design by the Engineer. This material is made available as infor::1ati 'n only and solely for the convenience of bidders. The Owner and/or his Engineer does not warrant or guarantee the accuracy cr correctness of this materia', with cespect to actual subsurface conditilns. The Contractor agrees that he will make no claims against the Owner and/or the Owner's Engineer if, in car- ryi.'g out the work, he finds that actual conditions encountere.. d, not conform to those indicated. ~ ARTICLE 5C-10 PROJECT SIGN One sign sha;l be furnished and installed by the Contractor at a location to be determined by the Engineer. The sign shall be approximately 4-feet by 5-feet in size, and shall contain the project name, cost and names of the Com- mission members, Engineer and Contractor. ARTICLE SC-ll SUSPENSION OF WO~~ Should the O",-ner be prevented or enj oined from proceeding with ',.;ork either before or after the start of construction by reason of any litigation or other reason beyond the control of the Owner, the Contractor shall not be entitled to make or assert claim for damage by reason of said delay; but time for completion of the work will be extended to such reasonable time ,as the Owner may determine to compensate for time lost by such delay, with such de- termination to be set forth in writing. ARTICLE SC-12 SALES T&\ The attention of the bidder is direct2d to the general laws of Florida regarding exemption from payment of sales taxes. 1-3 802-043.00 (,,'8 ( ,..."...".A>.........-..', ~~._, ..:..,.~~s_ , .,,,..t~... ." " " ,.:.,,~\...:.........., _r::..... .'?.....~."c ...,.,,'~~ '.r".,.... ...-';.,'~..'-":.;...;..'":>,,...,~....,.,,.-.!::;.~- ""':"'. ~',:.,~...," . "'J'....;: ..'.'....' "..~'':'",;.rl,~.:..;_;,~., '.:,. .....,~.., h~ ;..,. ..:....-...,....'" /' ( The Proposal Form indicates that the bidder agrees to sell materials, equipment and supplies directly to the county at an agreed price and to com- plete the work for an additional agreed price. Separate estimates for monthly progress payments will be made for materials and labor furnished on this con- tract. Since the Proposal covers a direct purchase by the county for certain ma- terials, equipment and supplies, the bidder shall not include any Florida State Sales Tax in his bid price for these items, as the county, a municipal- ity, is exempt from the payment of such taxes. The successful bidder shall be required to obtain a Certificate for Re- sale of Haterials to the county in order to claim this tax exemption. The Certificate for Resale of Materials may be obtained from the florida Revenue Commission, Room 424, 1350 Northwest 12th Avenue, Miami, Florida, 33125. ARTICLE 5C-13 MINI~~~ wAGE R;TES Wage rates for all laborers, mechanics, apprentices, etc., shall be in conformance with the applicable Schedule of Prevailing wage Rates, as deter- mined by the Florida Department of Co~~erce, which schedule is made a part of these Contract Doc~~ents. The heav7 construction rates in the attached schedule shall apply to the incinerator building, mechanical, electrical, yard piping and site work. The nonresidential building construction rates shall apply to the office building. ( If the contractor uses a classification not shown in the wage determina- tion, it is his re~ponsibility to pay the prevailing rat~ in the area for that clas s ifica tion. ART' CU: SC-14 APPRENTICE Alill TR>\I~'EE nlPLOYr1E;H fQQUIRE.t'1E~TS (For contracts in excess of $25,000, not a roadway) ~ The Contoctor shall c.omply with all of the requirements of Section 446.101, Florida Statutes as amended by the 1976 Supplement. , In addition, the Contractor specifically agrees: 1. That he will make a diligent effort to hire for the performance of the Contract a number of apprentices in each occupation ",'hich bears to. the average number of the journey~en in that occupation to be employed in the per- formance of the Contract, the ratio of at least one apprentice or trainee to every five journeymen. 2. That he will, when feasible, assure that 25 percent of such appren- tices or trainees are in their first year of training, except when the number of apprentices or trainees to be hired is fewer than four. Feasibility here involves a consideration of the availability of training opportunities for first year apprentices or trainees, the hazardous nature of the work for be- ginning workers, and excessive unemployment of apprentices or trainees in their second or subsequent years of training. 1-4 802-043.00 (/i ':';";;":,1..,.<,-,-,... "' ~, "''''''",::'~.,a.,.,-., ..~.__._';.' ;: ~,Z;~~~~~:~:~~t)<~~~~E~:.e;*~t;il:~'",;,;~~ <.:;'~,";'~" ~,-,~ 'C'.', ,., " :~'~.',;1' 'i"'~' , ~ ,...' ...........'~'...,r~~ .';':,_',~,,'.;.;M:'''_~:'W:-;''''''-''''''''''_'~''''''''''~foo'.'' ................ ""1I!lio;~~Ir~JlIi'~~~"'lliij'i~"""~"'''''''~'''i'~''.w~f......."""""",......!I:''l:J.';''''''''.''..,' I 3. That during the performance of the Contract, he will make diligent \," efforts to employ the number of apprentices or trainees necessary to meet re- quirements of subparagraphs 1. and 2. However, on-the-job training programs shall only be established in nonapprenticeable trades or occupations to meet the requirements of Section 446.101, Florida Statutes. 4. The Contractor agrees to return records of employment by trade of the number of apprentices or trainees, and apprentices or trainees by first year of training and of journeymen and the wages paid and hours of work of such persons, on a form as prescribed by the bureau of apprenticeship of the division of labor and employment opportunities at three-month intervals. Sub- mission of duplicate copies of forms submitted to the United States Department of Labor shall be sufficient compliance with the provisions of this Article. 5. The Contractor agrees to supply to the bureau of apprenticeship of the division of labor and employment opportunities, at three-month intervals, a statement describing steps taken toward making a diligent effort and con- taining a breakdown by craft of hours worked and wages paid for first year ap- prentices or trainees, other apprentices or trainees and journejTIen. 6. The Contractor agr::"5 to. insert in any subcontract under this Con- tract the requirements cont.:: o:d in this Article. The term "Contractor," as used in such clauses and any ~., ~ontract shall mean the subcontractor. ARTICLE SC-15 Su~~LIERS AREA REPRESENTATI\~ (, Manufacturers and/or suppliers of the following listed equipment shall have under their regular employ an area representative for the ~lonroe County, Florida, area that may be contacted to make ~ervice calls either during the guarantee period or thereafter in case problems developed with the furnished equipment. This requirement is mandatory when the proposed equipm~nt is being considered for approval by the Owner. Area representatives shall be avail- ab:e for the following equipment: ~ l. 2. 3. 4. 5. Incinerator and loader Truck scale / Motorized vehicles Stand-by generator Fuel pumps ARTICLE SC-16 PEmlITS AIm LICE~SES Before starting work, the Contractor shall obtain and pay for all re- quired licenses and permits, except as otherwise specified. The Owner will file for and obtain the operating permit for the incinerator facility from DER. The Contractor shall obtain the air quality permit for each of the eigbt incinerator units from DER (Filing fee $20 per unit), and the Contractor shall obtain the building permit from Monroe County. f The air quality permit to operate the facility shall be ( .. the contract time as stated in the Contract, and liquidated ~. assessed for any delay. obtained within damages will be 1-5 802-043.00 "0 ". ;-~;,,:~~"\\J:.f~~~x,~,~!'?{~!~ ~Jo~"' \>. :~'" , i ~ . , ")~''!If:\.':-.....:.. -koi,~.,~. "~'.-,J...,.;:,-~..'...."': .~..:" :,~.:,ti',;. ; ,,," .'.~ .'~ ,;"':....,y.. )"'1:,;..:,~"::r~_..o.t,i'~t"~ 't'"I:.f;.~;'.;.~,'H'''';;',,,,,<,~), ,'. '-r. ~.c..-; ')';,~- '.]. :;'''>:'~'':.._~,~....~:,l)!/t~j,:tt.v~~1:iP~\~#~':~~~~~~'~:,~:~~r.~:..;,,;;.,t.!:\:o.;,;;r..).~."'~~~,"j' . ( ARTICLE SC-17 BASIS OF PAr~~NT The Contractor shall receive and accept the compensation provided in the Proposal and the Contract as full pal~ent for furnishing all materials, labor, tools and equipment, for performing all operations necessary to complete the work under the Contract, and also in full payment for all loss or damages arising from the nature of the work, or from any discrepancy between the ac- tual quantities of work and quantities herein estimated by the Engineer, or from the action of the elements or from any unforeseen difficulties which may be encountered during the prosecution of the work until the final acceptance by the Owne r . The prices stated in the proposal include all costs and expenses for taxes, labor, equipment, materials, commissions, transportation charges and expenses, patent fees and royalties, labor for handling materials during in- spection, together with any and all other costs and expenses for performing and completing the work as shown on the plans and specified herein. The basis of paJ~ent for an item at the unit price or lump Slli~ price shown in the pro- posal shall be in accordance with the description of that item in thi::; Section. ( The Contractor's attention is again called to the fact that the quota- tions for the various items of work are intended to establish a total pri-:e for completing the work in its entirety. Should the Contractor feel that the cost for any item of work has not been established by the Bid Form or Basis of Payment, he shall inclUl'~ the cost for that work in some other applicable bid item, so that his propcsal for the project does reflect his total price for completing the work in itf entirety. Item 1 Sell and Deliver Incinerator with Loader Item 2 Sell and Deliver ~lotorized Vehicle Item 3 Sell and Deliver Truck Scale ~ Item 4 Sell and Deli.,er Prefabricated Steel Incinerator Building Measurement of the above items for payment ..,ill be the number of units delivered and acceBted. Payment for the above sell and deliver items I.ill be made at the Contract unit price bid per each for the item, which price and payment shall be full compensation for furnishing and delivering the item. Item 5 Incinerator Project Comolete Measurement of the various constructioQ items not listed as Items through 4, will not be made for pal~ent, and these items not listed in Items 1 through 4 shall be included in the lump sum price to complete the proj ect. , ... Payment for Incinerator Project Complete will be made at the Contract lump sum price bid for the item, which price shall be full compensation for layout, site work, furnishing and installing of all materials and equipment not listed in Items 1 through 4, including the office building, mechanical and electrical work, installation of Items 1 through 4 and all other incidentals in accordance with the Drawings and Specifications for a complete project. l 1-6 802-043.00 "" ~~~'lllf~~:'" ..,' ,,,~-~\_~,,,,.(-,.., -.I'-,......~,.. , I',' . I,'~ ~.....'~~ '_: '" ,'1 '.:; ~,,-J~ tuli\li~~llt.. :NIl1'ittitl...._ - .r~...'~r.:...1;o~.-..l,.,.........<~,~~,...~_41.~~h':,. '\., ,..~~~~~fl"t-i'.l':,..., _,'.' ARTICLE 5C-18 " Contractor agrees to provide instruction in the maintenance and operation of the incinerators for a period of 1 (one) week at each facility. ARTICLE SC-19 Contractor agrees that he will not interfere with landfill operations during the course of construction of the incinerator facilities. ( ~ l 1-7 ')2- i'~~:':" .n.....,...",.:~ :,~"..,,,,,:";,~:,,,,.,,,..,'t "t';.:::.J ,~~~~".~;!:';.."",~k..j,~. .-1~'Y" """'~;~~~,"";'~~"""'_'''h ~'.Ii~':i1I'i'.j(r(.f_Jt.,~~.'li~ 1!.....I~j,."..,"".:-. -. <' ( , APPE:JDIX A Includes three each, 37 1/2 ton incinerator units complete with tipping building facilities, office and scale facilities, and all necessary utili- ties to provide for a complete operational solid waste disposal complex. The facility is located on Long Key at the existing landfill disposal facility. ('.:~ ".,. '" ~ '13 " :"'r~';'"",>.,~~,:,... ~~~,. "';,'" :'l:;.,{.~~,,*"~~~.~> .....' ,,,..,,...,i,'~,_~..'".,,.',..... "...,.......".,,~:':..~ ..:.'.,~ ' .;,::~~*~~w'\~~~-:<;$~;._,. ~':.~t.::~.,.-.....: '_',..'. ~;':.,.:,~.r.:~...~~:,..-\...',! :,",.qy'..;...~,.:..".:.:..'r'~~~.:i_.:';!.,':~~"<:1Hl:~~g.:.'!A':~.~;a~~,~7~~\~~~~~~~~~.;;.I:,~~~~~~~V,I,;.;:~Yf:f~~.,.:r}..~4.:i..~"~~~-:;'';" ..~/. ( ( \.,.~~ APPENDIX B Includes three each, 37% ton incinerator units complete with tipping building facilities, office and scale facilities, and all necessary utilities to provide for a complete operational solid waste disposal complex. The facility is located on Key Largo at a site provided by Monroe County. ~ 'l'f ( i. ",.,. '.' - ..' ,':' .,' . :.... ~; _;l;..h......._~.._\o.~..<:__; ,_'__"..v ,~,v,"".,,"_,, ,,_. "_.,~.,,. ... J.'!' '''~'"..~t..~.o;t;~~:fioo~~)IIj~~'''iI4-",..-t~"pi"~''~''''''\'..j& 'I'......;;iIi:..t..'., ,,".. 1 I ~":" ,,:1, i i ~\.f~J':~' ""i,::''''~''J:.... "~^.: '. " ,.....,.".,.....,.'.'.'..,,,......,,.,.:"" ( APPENDIX C '" _'..-,'l.. ~.., .., .. ~ .., '..r;,Uf-I" ", /" Includes two each, 37 1/2 ton incinerator units complete with tipping building facilities, office and scale facilities, and all necessary utili- ties to provide for a complete operational solid waste disposal complex. The facility is located on Cudjoe Key at the existing landfill disposal facility. c: ( ~ I}S .~~,~ ~!f~~.tJi:1;1~:, ,~..._...t;:..,',':_":'" ~'';'l'':,.......;.......................,;''';";,,,,,,,~'.',",......_-,, ~~~jlI.i'ilM..l<<l;1lIi.1fWl~~~~''''''''';'l-''. T~ j. lil."""."""',,,,.,,.,, APPENDIX D c.' CONTRACT AHARD 1. March: Construction DraHings; Incinerator Drawings; Move onto Jobsite; Clear & Grub; Site Engineering; Structural Excavation 2. April: Continue Construction Drawings, Incinerator Drawings, Clear & Grub, Structural Excavation; Fill-Compact & Placement; Initiate Structural; Order Incinerator & Buildings; Initiate Mechanical Installation; Order Office Buildings 3. May: Continue Structural Excavation, Fill-Compact & Placement, Structural, Mechanical; Order Doors; Order Scales; Initiate Electrical Installation; Order Vechicles; Order Generators; Order Separators 4. June: Continue Structural Excavation, Fill-Compact & Placement, Mechanical, Electrical; Concrete ( 5. July: Continue Fill-Compact & Placement, Concrete, Mechanical 0 Electrical; Install Buildings, Incinerator & Office 6. August: Continue Installation of Buildings, Mechanical & Electrical; Receive Doors & Initiate Installation; Initiate Installation of Incinerator Covers; Initiate Installation of Scales / 7. September: ~ Continue Installation of Buildings, Doors & Scales, Installation of Incinerator 8. October: Continue Buildings, Mechanical, Electrical, Scales, Office Building and Incinerator 9. Authorize Completion of all Work C.:~:. ,.,..,:' "." 'lip .'b :.:1:.::,c.,"i+., .',,';:' ..... . ; ;;.;,. ~,)'. '. ,,,,,,,",,j..J.._.,~....,,,,_. _ -"__.,,,:.;.....~.'".. ........-., .....,,>,:...~~'._ _.'-. -,~ -- ''''"..j.'''':,-~, ,..,;.-. '-' "~--"'-~' ".' ". \,,;~....'~.~,.;; ;.,.."!,t.:\. .;...,:~.~ .;~,; 'J..~,'.t;';":;":' ,~: ';,.,...:.,.'.;..-... :~~C .....,~'..'>. '. '... :",1,:""'''''' ",' 'ot-~ .1I'~~1.',f<:;,I:\~;.' .......1"., :,,":':'::,,' ::"'-''>:':;~~;.(;~'':'~iJri,~:';'"';9(~.t!!''4Y'~~4~''~;;.;-i",~;,~t',..:;,c;,f'''>\.~''' ~'t~'''',''''Il4-';'''''-''''''>'t" ,/ SPECIAL ~mETING OF THE BOARD OF DIRECTORS OF R. W. TAYLOR STEEL CiJMPANY ~ Board of Directors of the R. W. Taylor Steel Company met in the company Friday, 18 January 1980 for the purpose of discussing authorizing the nt of the R. W. Taylor Steel Company to enter into a contract with l~onroe Florida for the construction of three (3) solid waste disposal facilities .ther to discusS authorizing other R. W. Taylor Steel Company employees ltiate with Monroe County, Florida and financiallY commit the R. W. Taylor ~....,f).:<t'~.'J"""~~';"!~:~~' -.~( riod of performance of the proposed contract betwean Monroe County, Fiorida :ompany on any changes and/or contract modifications that may arise during e R. W. Taylor Steel Company. he directors discussed the proposad contract and after the discussion, the ~ng resolution was prepared: RESOLVED It is hereby resolved by the Officers and Directors of the R. W. Taylor 1. Mr. Ralph W. Taylor, Prasident of the R. W. Taylor Steel Company, is Company that: ,y authorized to sign and enter into a contract between tha R. W. Taylor . Company and Monroe County, Florida for the construction of thrae (3) solid , 1 ~~~"'~j<w. ~ disposal facilities. or Steal Company ara harebY authorized to nagotiata and financially co~nit the 2. )~. Rogar B. Vfuitaker and/or I~. Floyd C. John, employees of the R. W. ,. Taylor Stael Company on any changes and/or contract modifications that may '" during tha period of performance of the proposed contract bet.ween 1I0nroe lty, Florida and the R. W. Taylor Steel Company. f). J'_ ~~_: __~-~_:_:::"'::::::'~-:~':'~--,~'~::::T"::~_~~:;~ .~' ,,_ _..or, ,__;......::....;..;:.~.;::":~;-=:~c>?..,.,.: .'"", ,.;~~..".,. .~.,,:.'., --~:';",""'; ',~'.,;:-':~<: i!...,,~>,,- '~.,:-"'.',.; , >..-,. Pa.ge 2 J. Mr. Roger B. Whitaker and/or Mr. Floyd C. John, employees of the ( R. W. Taylor Steel Company, are hereby authorized to ,negotiate, sign and enter .'""X~,p.",(;' ,. ... ~ ~ .....,..,'. . into subcontracts necessary for the performance of the work setforth, and in accordance with, the proposed contract between }Aonroe County, Florida and the ;R. W. Taylor Steel Company. There being no further business to come before the meeting, the meeting was ,:- ' duly adj ourned. " .' ~l. t Dated this 18th Day of January, 1980. "'!' .. ~-' '." , !,r " c, " 'a~"""- . ',,'" .~ /~ ~ ; p<' / '-- J (7 ~(21/ 'Vickl Cox, Corporate secretary " ....: '-~/ 0.. \.,..0 "'- . , J:2-~- k ~-S20~ a ph W. )Taylor, President y. ~;;~:;~ ~ .~o:.:.,., " !:i';1" ( 1984 ~-. - . . , ., ", ~ l 1~