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Home My WebLink About1999-245• w", m CONTRACT DOCUMENTS AND SPECIFICATIONS FOR INDIAN RIVER COUNTY, FLORIDA SHOOTING RANGE . SITEWORK IRC BID NO. 9068 COUNTY PROJECT NO. 9629A PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA KENNETH R. MACHT, CHAIRMAN FRAN B. ADAMS, VICE CHAIRMAN COMMISSIONER CAROLINE D. GINN COMMISSIONER RUTH STANBRIDGE COMMISSIONER JOHN W. TIPPIN JAMES E. CHANDLER, COUNTY ADMINISTRATOR JEFFREY K. BARTON, COUNTY CLERK CHARLES P. VITUNAC, COUNTY ATTORNEY JAMES W. DAVIS, P.E.. DIRECTOR OF PUBLIC WORKS G. SEAN MCGgUIRE, P.E., PROJECT ENGINEER Public Works Department Capital Projects Division 1844 2V' Street Vera Beach, FL 32960 (561)567-BODO 45' 4w 1 TABLE OF CONTENTS BID PACKAGE Advertisement for Bids AB 1-2 Instructions to Bidders IB 1-7 Bid Proposal HP 1-7 Bid Bond BB 1-2 statement on Public Entity Crimes SI -3 sworn Statement on l0isclosure of Relationships SS 1-2 Sworn Statement Under Florida Trench f 1 2 safety Law Information Required of Bidders Q 1-2 coNTRACT F-GRMS Agreement A 1.3 Performance Bond PB 1-4 Payment Bond PB 1-4 Sample Certificate of Insurance CI i Final Payment FP 1 Application for Payment AP 1 Shop Drawings/Catalog Cut Submittal SD 1 QENER L -Q=M GC 1-36 al12—PLLMI6BYLQNVJIKM SC 1-4 IEQHN1GA"ELQ1ECAUQN5 TS 1-12 APPENDIX Geotechnical Report �cila iw - !RC; 'Lm ltii Uearing rr'J- [S09UU44JW IRC Tree Removal 498090044"004 tRC Wetland Resource #98090044"005 SJRWMR #4.061 -0174G -ERP ACOS #199804088(iP-IS) • rw 40; 0? *} THIS PACKAGE CONTAINS:, Advertisement for Bids AB 1-2 e Instructions to Bidders IB 1-7 Bid Proposal 13P 1-7 Bid Bund BB 1-2 Statement of Public Entity Crimes S 1-3 Swum Statement Under IRC Code on. Disclosure of Relationships SS 1-2 Swom Statement Under Florida Trench T 1-2 Safety Law Information Required of Bidders Q 1-2 SUBMIT THIS CQMPLL.IE PACKAGE WITH YOUR BID 40 lelepha :15611567.0000 BOARD OF COUNTY COMMISSIONERS 1840 25th Slreel, Sero Beach, Florida 32960 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY SUNCOM: 724437A FAX 661.776.9391 Sealed bids will be received by Indian River County until 2:00 PM on Wednesday, August 11, 1999. Each Bid shall be submitted in a sealed envelope and shall bear the name and address of the bidder on the outside and the words "SHOOTING RANGE - EARTHWORK." All bids, either mailed or walked in, will be received by the Purchasing Division, 252519th Avenue, Vero Beach, Florida, where they will be opened publicly and read aloud at 2:00 PM. All bids received after 2:00 P.M., of the day specified above, will be returned unopened. IRC BID # 9068 SHOOTING RANGE - SITEIfIi'ORK INDIAN RIVER COUNTY PROJECT N9629A All material and equipment furnished and all work performed shall be in strict accordance with the plans, specifications, and contract documents pertaining thereto, which may be obtained from the pu btl�c Works Ike Beac . FIghdQ� Copies of the plans and the specifications containing the necessary contract documents may be obtained by deposit of a check made payable to I � E 211I'#T1'� AI3 —-CaMMISSIQNE8,% . in the amount of FORTY DOLLARS ($40.00) for each set, which represents cost of printing, handlinlq, and mailing and which is nnn roflmrinhlp All bids shall be submitted on the Bid Proposal forms provided within the specifications. A f3—IQ—BOM must accompany each Bid, and be properly executed by the Bidder and by a qualified surety, or certified check or cashier's check on any bank authorized to do business in the State of Florida, in the sum of not less than Five Percent (5%) of the total amount bid, made payable to Indian River County Board of County Commissioners. In the event the Contract is awarded to the Bidder, he will enter into a Contract with the County and furnish the required Performance and Payment Ron d- unless the Bid is below $50,000, in which case the County will waive the requirements for a separate Performance Bond and Payment Bond. if the Bidder fails to do so, he shall forfeit the said Bid Bond as liquidated damages. AUVERit3F: EMIT FOR BILIS AB -t 40 The County reserves the right to delay awarding of the Contract for a period of sixty (60) { days after the bid opening, to waive informalities in any bid, or reject any or all bids in whole or in part with or without causelor to accept the bid that, in its judgement, will serve the best interest of Indian River County, Florida. A Pre -Bid Conference meeting will be held on Thursday July 2.9, 1999 at 2:00 PM, in the first floor Conference Room W of the Indian River County Administration Building located at 1840 25th Street, Vero Beach, Florida 32960. INDIAN RIVER COUNTY By: Fran Boynton -Powell Purchasing Manager For Publication in the Vero Beach Press Journal Date(.$): Monday, July 19, 1999 Monday, July 26, 1999 For: Vero Beach Press Journal Please furnish tear sheet and Affidavit of Publication to. INDIAN RIVER COUNTY PURCHASING DIVISION 2625 19th Street Vero Beach, FL 32950 ADVERTISEMMT FOR BIDS A8-2 Mb 4 INSTRUCTIONS TO BIDDERS 1. Defin�.pils Terms used in these Instructions to Bidders which are defined in the General Conditions have the meanings assigned to them in the General Conditions. The terra "Successful Bidder" means the Lowest, qualified, responsible Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) make; an award. 2. Copio.9� " 1� t2 U LQ11t5 2.1. Complete sets of the Bidding Docurrients in the number and for the deposit sum, if any, stated in the Advertisement or Invitation may be obtained from Engineer (unless another issuing office is designated in the Advertisement or Invitation to Bid). 2.2. complete sots of Bidding Documents shall be used in preparing Bids', neither Owner nor Engineer assume any respon-iibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. Owner and Engineer in malting copies of Bidding Documents available on the above ternks do so oniy for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. GLQCIP? 3.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days of Owner's written request, an audited financial statement, a list of major pieces of construction equipment owned by the Bidder and documentation demonstrating the Bidder's compliance with the qualifications listed below a. Bidder must have at least five years' experience in the construction of similar projects of this size and larger. b. Bidder must have successfully constructed, as prime CONTRACTOR, at least three projects similar in scope to this project. C. Bidder must have good recommendations from at least three clients similar to the OWNER. d. The 9idd_,,s :;up o.,; ,tGindetra arta asaistalli5 II usi be qualified and experienced in simiiar projects in all categories. e. Bidder must be able to provide evidence of authority to conduct business in the jurisdiction in which the project is located. 3.2 Each bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. 3.3 The OWNER reserves the right to reject bids from Bidders that are unable to meet the listed required qualifications. INSTRUCTIONS TO BIDDERS IS -1 40 C r-, 4 ��tion of Contract f]ocum�rll'it I 4.1. Before submitting a Bid, each Bidder must (a) examine the Contract Documents thoroughly; (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work; (c)famitiarize himself with federal„ state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate Bidder's observations with the Contract Documents, Is 4.2. Reference is made to the Supplementary Conditions for the identification of #hose reports of investigations and tests of subsurfaco and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which have been relied upon by Engineer in preparing the Drawings and Specifications. Before submitting his Bid each Bidder wil', at his own expense, make such additional investigations and tests as the Bidder may deem necessary to deten-nine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents, 4.3. On request Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid. 4.4. The lands upon which the Work is to be performed, rights-of-way for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Supplementary Conditions, General Requirements or Drawings. 4.5. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this Article 4 and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. I til erpre All questions about the meaning or intent of the Contract Documents shall be submitted to Engineer in writing. Replies will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of [fids will not be answered, Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be w tha It legal effect. INSTRUCTIONS TO BIDDERS B-2 s ki 1; 6. Bid 5ecunty 61. Bid Security shall be made payable to Owner, in the amount specified in the Bid Form and in the form of a certified check, cashier's check, treasurer's check or bank draft of any national or state bank or a Bid Bond(on the form attached) issued by a Surety meeting the requirements of paragraph 5.1 of the General Conditions. 6.2. The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Contract Security, whereupon it will be returned; if the successful Ridder fails to execute and deliver the Agreement and furnish the required Contract Security within 15 days of the Notiw of Award, Owner may annul the Notice of Award and the Bid Security of that Ridder will be forfeited. The Rid Security of any Bidder whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the "effective date of the Agreement" (which term is defined in the General Conditions) and the required Contract Security is furnished or the sixty-first day after the Bid opening. Bid Security of other Bidders will be returned within sixty days of the Bid opening. 'pt]tragl ' o rhe number of days within which, or the date by which, the Work is to be completed (the Contract Time) is set forth in the Bid Form and will be included in the Agreement. NIMMEW MOM ="A It is understood and agreed that if the project is not completed within ninety (90) calendar days from issuance of a Notice to Proceed, the County will apply liquidated damages of $1001calendar day. The damages will be deducted from monies due the Contractor, not to exceed the total contract price. 9. SuUtitjLQ— Waterial artd uipment The Contract, if awarded, will be on the basis of material and equipment described in ihny aNGc—a atbl MIIelUnS wlin[uk COrSIUeratlOn of possible NIP1.4 substitute or "or -equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or -equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by Contractor and consideration by Engineer is set forth in Paragraph 6.1 of the General Conditions. 10. 5_u c n rators a c. INSTRUCTIONS TO BIDDERS Y� 18.3 i i 10.1. The General Conditions require the identity of certain Subcontractors and other persons and organizations to be submitted to Owner in advance of the Notice of Award. The apparent Successful Bidder, and any other Bidder so requested, will within seven days after the day of the Rid opening submit to Owner a list of all Subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for those portions of the Work as to which such identification is so required. Such list shall be accompanied by an statement with pertinent information as to similar projects and experience ether evidence of qualification for each such Subcontractor, person and organization if requested by Owner. if Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor, other either may before giving the Notice of Award request „t i person or organization, the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent Successful Bidder declines to make any such substitution, the contract shall not be awarded to such Bidder, but his declining to make any such substitution will not constitute grounds for sacrificing his Bid Security. Any Subcontra -,tor, other person or organization so listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer. 10.2. In contracts where the Contract Price is on the basis of Cost -of -the -Work plus a fee, the apparent Successful Bidder, prior to the Notice of Award, shall identity in writing, to Owner those portions of the Work that such Bidder proposes to subcontract and after the Notice of Award may only subcontract other portions of the Work with Owner's written consent. 10,3. No Contractor shall be required to employ any Subcontractor, other person or organization against whom he has reasonable objection, 11. _Form 11.1. The Bid Form is attached hereto; additional copies may be obtained from Engineer. 11 '7 . ..,t „v :vulilNlv�cu it I ii ui yr u'y' iy}"��r+iir�r, i i ae iuier u3u Ni ic:e Inas[ be stated legibly in words and numerals. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The rorporate address and state of incorporation shall be shown below the signature. INSTRUCTIONS To BIDDERS E, fH-4 • k. M 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 11.5. All names must be typed or printed below the signature. 11.6, The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form), 11.7. The address to which communications regarding the Bid are to be directed must be shown. 11.€3. All supporting information requested in the Bid Form must be furnished. Do not leave any questions or requests unanswered. a- 12.1. Bids shall be submitted at time time and place indicated in the Invitation to Bid and shall be included in an opaque sealed envelope, marked with the Project title and narne and address of the 'Bidder and accompanied by a completed Sworn Statement under the Ftorida Trench Safnty Act, Statement on Public Entity Crimes, the Bid Security and other required documents which are included in the Contract Document. If the Bid is sent through the mail or other delivery system, the sealed envelope shall 'be enclosed in a separate envelope with the notation "Bid Enclosed, on the face thereof. 12.2. The successful Bidder will be responsible for compliance with all applicable safety-related Federal and State statutes and regulations, including, but not limited to, the OSHA excavation safety standards, 20 C.F.ft., Part 1926, Subpart P -Excavations, Trenching and Shoring, which are adopted by reference of the newly -enacted Florida "Trench Safety Act", Section 553.60 et. Seq., Florida Statutes, The bidder who will perform trench excavation work on a construction project with trench excavation(s) over a feet in depth must allocate and include in its bid the cost of compliance with trench safety standards and any special shoring requirement. The Bidder must indicate in the sworn statement the method(s) he intends to use to achieve ..:1 YYI.l11 cuiii 1611 (Y.cr., II CfI{:i1 Dux, sheet piling, Cflbbing, wDDtl shoring, or other method selected by Bidder). 13. Mad' ign '�tthdraw I oLlds 13.1. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid roust be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. INSTRUCTIONS TO BIDDERS IF] 69 {. 1 13.2, If, within twenty-four hours after Bids are opened, any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of his Bid,. that Bidder may withdraw his Bid and the Laid Security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work. 14. Qpon-89 Of Bi Bids will be opened publicly. When Bids are opened publicly they will be read aloud, and an abstract of the amounts of the base Bids and major alternates (if any) will be made available after the opening of Bids. All Bids shall remain open for sixty days after the day of the Bid opening, but Owner may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 16. AwAdAC22MS3 16.1. Owner reserves the right to reject any and all Bids, to waive any and all informalities and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, non-responsive or conditional Bids. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum - Discrepancies between the indicated extension of unit prices and the correct extension thereof will be resolved in favor of the correct extension. 16.2. to evaluating Bids, Owner shall consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and alternates and unit prices if requested in the Bid forms. It is Owner's intent to accept alternates (if any are accepted) in the order in which they are listed in the Bid form, but Owner may accept them in any order or combination. r d „h„ CiU aiiflc atii0i_-G aFld 6xP6f7eI_It, Vf 3uiruu"iraciurs and other persons and organizations(including those who are to furnish the principal items of material or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and under the signature and the official address of the partnership must be shown below the signature. 16.4. Owner may conduct such investigations as he deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidders, proposed Subcontractors and tither persons and organizations to do the Work in accordance with the Contract ' y Documents to Owner's satisfaction within the prescribed time. INSTRUCTIONS T4 BIDDERS y IB -6 a 0 16.5. Owner reserves the right to reject the Bid of any Bidder who does not pass l any such evaluation to Owner's satisfaction. 1&6. If the contract is to be awarded, it will be awarded to the lowest responsive, I responsible Bidder on the basis of the Total Base Bid. 16.7, if the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within sixty days after the day of the Bid opening. 17. BY&fLns�J1�� ?�3ef��r7Si`t Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to performance and payment Bonds. When the successful Bidder delivers the executed Agreement to Owner it shall be accompanied by the required Contract Security, unless the Bonds have been waived due to the total contract being less than $50,000. 18, la r AatioT]�4f lh A_pPr9ximate entiti s The Bidder's attention is called to the tact that any estimate of quantities of work to be done and materials to be furnished under the Specifications as shown on the Bid Schedule, or elsewhere, is approximate only and not guaranteed. The Owner does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities, nor shall the Contractor plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work, or other conditions pertaining thereto. The Bidder to whom the Contract is awarded shall, within ten (10) days of the Notice of Award, execute and deliver five (5) copies of the following to the Engineer: a. Agreement b. performance Bond(lf required) c. Payment Bond(tf required) C!, ryortif iraFo of 20_ FAIL r R rn rxrrtlTt L RACI Should bidder to whom the contract has been awarded refuse or fail to complete the requirements of Article 19 above within ten (10) days after Notice of Award, the additional time in calendar days required to correctly complete the documents will be deducted, in equal amount, from the Contract time, or the County may elect to revoke Bid Bond of any Bidder failing to execkste the awarded Contract shall be held by the County for consequential damages incurred, and the Contract awarded as the Commission desires. INSTRUCTIONS TO BIDDERS ! , IB -7 40 BID PROPOSAL_ INDIAN RIVER COUNTY SHOOTING RANGE - SITEWORK IRC BID #8088 COUNTY PROJE=CT #9629A Proposal TJN E. i i I t .t -`�r .'% �. I( t t g (Bi tier's Nam e)-� i +UCC >1�.Lr"��r'1 tit'•,'-•'r�e��. '- (Bidder's Address) to famish and deliver all materials and to do and perform all work in accordance with the Contract Documents TO: Purchasing Department Indian River County 9 2625 19th Avenue Vero Beach, FL 32960 Gentlemen: The undersigned Bidder has carefully examined the Contract Documents and the site of the work and is familiar with the nature and extent of the work and any local conditions that '@ may in any manner affect the work to be done, and the equipment, materials and labor required. The undersigned agrees to do all the work and fumish all materials called for by said ,plans Jand specifications, in the manner prescribed therein, in accordance with the Contract Documents and to the standards of quality and performance established by the County,. for the unit prices stated in the spaces herein provided, for each of the items or 1 combination of items stipulated. It is understood that certain quantities shown in the schedule are approximate only, subject to increase or decrease and for the purpose of bid comparisons for determination of low Bidder It is further understood that payment will be in accordance with quantities placed in (tie construction as more specifically provided in the Instruction to [udders and Technical Specifications included as part of the Contract Documents,. W 1. To do any extra work, not covered by the Itemized Bid Schedule of prices, which ! may be ordered by the Engineer upon authorization by the County Commission, I d and to accept as full compensation therefore such ;prices as may be agreed upon in writing by the Engineer and the Contractor in accordance with 'General Conditions. 2. Within ten (10) days from the date of acceptance of this proposal, to exams,= �# a Perl[orrnam§J%Qnd In an ammm t�1Q4°I° of C v 3111111 3'�Rj El n iIn n am unty 4Lt[a t arise. The Contractor shall provide two (2) separate BID PROMSAL 9P•t 4W T bonds, a combined Payment and Performance Bond for 125°% of the contract price is not an acceptable substitute. Bonds may be waived by the County, if the total contract price is below 0,'0C;G. 3. To begin work within twenty (20) calendar days after the date of receipt by hire of Notice -to -Proceed, and to complete the Project within ninety (90) calendar days as specified in the Agreement between the owner and the Contractor. 4. To reimburse Indian Diver Counly, as liquidated damages, for each calendar clay elapsing between the dale herein specified as the date of full completion and the actual date of such full completion of the contract work, the amount of one hundred dollars ($100.00) per calendar day, not to exceed the total amount of the contract. The undersigned as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made wvithout collusion wish any person, firm, or corporation; and he proposes and agrees, if the proposal is accepted, that he will execute a contract with the OWNER in the form set forth in the contract docxxnents and that he wilt accept in full payment thereof the following prices, to wit: It is understood that the foregoing quantities are approximate only and are solely for the purpose of facilitating the comparison upon the Basis of tho a.^lual quantities in the completed work, whether they be more or less than those shown ©ID PROPOSAL, $P-2 so SHOOTING RANGE - SITEWORK PROJECT i#9629A ITEMIZE[) BI© SCHEDULE(EXHIRIT "A" TO AGREEMENT) ITEM DESCRIPTION QUANT. UNIT UNIT COST 103 As -Bullis i LS PRICE S 50e+ .eo BASE BID 101.1 Mobilization 4 LS $ $ Z_-Oeo,Qn�-, 103 As -Bullis 1 LS f '�*1*Zfw S 50e+ .eo 104 Prevention, Control, and Abatement of Erosion and Water Potlutton 1 LS $ tuft $ t° evft 120-1 Regular Excavation 600 CY S ,2.00 $ IWO- 0 120-2.1 Borrow Excavation (Fish Pond) 123,104 CY S I.5V-r $ j8}G5,,W 120.6 Embankment 123,704 Cy $ i.3D s fw,615.20 160.5 Type C Stabilization (6') 6,45 + SY S 1.0(8 S C 155.00 160.5 Type C Stabilization (12") 14,646 SY S 1.1Z S IG330,CQ 1622 Topsail (6') 64,767 SY 0.74 4:7 55 340 Open -Graded Emulsified Mix Porous Pavement (31 14.846 SY S � r iy bmd.z4 425.1-521 Inlet (Type C, <10') 3 EA $ $ 3-•SbAZZ 425-1-571 Inlet (Type G. e10) 1 EA $ 3,C%ZQ w S 430.11-323 Con c4eta Pipe Culvert (15") 16 LF $ F5.0+ S -=8q,flp, 430-11-338 Concrete Pipe Culvert (36') 72 LF $ ik}•'t4` 5 430-34-345 Bituminous Coaled Corrugated Steel Pipe (721 160 LF S 1low 1-,Co¢yb.00 430-81-325 CarrugatedAluminum Pipe (18") 97 LF $ 2*AZZ 3 me.zo 430-84-321 Corrugated Aluminum Pipe (12") 100 LF S Q S iGi 04] 430-142- 103 Elliptical Cowete Pipe (19" x 30") 144 LF $ $ �a �• 430-142- 104 Elliptical Concrete Pipe (24" x 36") 72 LF $� S_ 542-70 Concrete Bumper Guards 136 EA S 20.171% $ 545-70 Retained Earth Well 840 SF S Z0-00 $ �Gs$00,QfCf 570-1 Seeding (Bahia) 31,492 SY $ x.15 S zi—fP3,30 570-9 Water For Gress 401 MG $ 573-1 Hydra -Seeding (Bahia) 26,820 SY $ �'t•`� S Ic 1b 2�At $75-1-1 Sodding (Bahia) 6,455 SY_[$ 4. {rIr $ 4 1ft, , SIR •3 i 830-1-13(2) Conduil (Under pavement, Y, SCM 40 PVC)i 107 LF $ S " $30-1-13(4) Conduit (Under pavement, 4', SCM 40 PVC) 270 LF S $ to o?i-M TOTAL BASE 810 ALTERNATE NO. 1 430-982- Mitered End Section (18') 2 EA $ 210 zz $ 21ev,fd 325 pavement Messages. Thermoplastic (4' White), MIC Symbol 10 EA S i s.ma i1`i�a�.kiop 430-982- Mitered End Section (19" x 30') 8 EA $ 595.m�y S 35�A6 00 403 Solid Tralfic Stripe, Thermoplastic (8' Blue) 204 1 LF S 430-982- Mitered End Section (24" x 38'} 7. EA S Pi�.PO S 4qd 430-984- 7-1 Mitered End Section (38) 1 EAElft:1 238 TOTAL ALTERNATE NO. 7 ALTERNATE NO. 2 i�� eM'z0 70040-1 Sign, Single Post, MIC (FTP -26) 10 A5 $ 210 zz $ 21ev,fd 711-3 pavement Messages. Thermoplastic (4' White), MIC Symbol 10 EA S i s.ma i1`i�a�.kiop 711.35=81 Solid Traffic Stripe, Thermoplastic (8' Whitey 1,380 LF S +{� �j 55—FiZ&,00 711.39.81 Solid Tralfic Stripe, Thermoplastic (8' Blue) 204 1 LF S TOTAL ALTERNATE NO. 2 GRAND TOTAL COMBINED BIO PKI I I EM EQQI COTES 104 This shall include, but not be limited to, baled hay, turbtlily barriers, staked sill kmw. and any additional items necessary to meet the erosion control requirements of the Florida Department of Transportation as prescribed in Section 104 of the FDOT Standard index. 120-1, 2-1,6 All grading including final grading to be included in cost of excavation or embankment. 1201, 2.1, 8 Paid based on plan quantity. 1805 Paid based on plan quantity. 430-11-323 Include the cost of the concrete collar. 430-34-345 Include the cost of the steel plates. 545.70 Include cost of backfill. compaction, pias, and any addltional items necessary to comply with Manufacturer's requirements for a complete system. 5701 Include the cost of seed and fetfflixer. 573-1 Include the cost of seed, Fertilizer, and fiber mulch - 575 -1-1 Include the cost of fediiizer. OP -4 s ACCOMPANYING THIS PROPOSAL IS tip"�►a {Insert the wordisl "cash-, 'bidder's band", of-certrfred check-, as the case maybe, payable to INDIAN RIVER COUNTY) A The undersigned deposits the above-named security as a proposal guarantee and agrees tha it shall be forfeited to the OWNER as liquidated damages in case this proposal is accepted by the OWNER and the undersigned fails to execute a contract with the OWNER as specified in the contract documents accompanied by the required labor and material and faithful performance bonds with sureties satisfactory to the OWNER, and accompanied by the required certificates of insurance coverage. Should the OWNER %s required to engage the services of an attorney in connection with the enforcement of this bid, bidder promises to pay OWN'ER'S reasonable attorneys' fees incurred with or without suit. r The names of ail parsons intoresled in the foregoing proposals as principals are as follows: {NOTICE - It Wderor other interested person os a c0rper7t+0n. state legal name of corperatm, also names of the president, sec+etary, t:easurLr, and manager Iherccl, if a oo-partnersh;p state !rue name of firm, also names of all individual co-partners ccmposing rtrm, if bKlder w their interested person Is an indnnduat, state forst and last names In full } Bidder hereby certifies that it has all licenses and permits regstired by Federal, state and local statutes, k regulations and ordinances. Contractor's License No: +° y u-, ] [ ? Bidder hereby acknowledges receipt of the following addenda: No. date No. date No. date^ No. date a No date No _ date J _ No. date _ No. date NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth below, together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation and corporate seal; d bidder is a co -partnership, the true name of the firm shall be set forth below, together with the signature of thr- narinar rx n2,rt,:'er5 w ;;! r;Zkv to sign coniii acL5 in behalf of the co -partnership; and if the bidder is an individual, his signature shall be placed below; if a special partnership, the names of the general partners and special partners. Signature of Bidder: fol w (► 'Ca t �a Z I)V-64WAi" 10 1. Wild BID 1ROPOSAL FSP -5 Bald No. N/A +G'tWr%A*R1GVY INSURANCE COMPANY C11:0 CAtil10N. You should uu an original AI 4 &Lur lc111'110111,1%11111 L;0111011print,-d In to) \n original a+sures that f changes will ntit he ohscurcd as may nceur sa herk d1,unlu:n2, Me rCf'14011r0d t BID 80,N13 Approved by The American Institute of Architects. A.I.A. Document No A!10 February 19'0 Edition KNOW ALL MEN BY THESE PRESENTS,thal we SHELTRA & SUN CONSTRUCTION CO., INC, 14211 SW Van Buren Ave . , l nd f anLown, FL as Principal„ hereinafter called the Principal, and the GREAT AMERICAN INSURANCE COMPANY. a corporation duly oiganiaed under The taus of the State of Ohio, with Administrative Offices at 580 Walnut Street, Cincinnati, Ohio 45202, as Surety, hereinafter called The Surety, are held Firmly bound unto INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS 2625 19th Avenue, Vero Beach, Florida as Obligee. hereinafter called the Obligee, FIVE—PERCENT OF AMOUNT BID in the sum of _.n..n.,. IS 5% OF BID j, for the payment of which sum well and duly to be [Wade, and the said Principal and TITe said Surety, bind ourselves, our heirs, executors, admimstratnrs, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid fol SHOOT l NG RANGE — S I TE`rfURI. INDIAN RIVER COUNTY BID 110. 9668 — PROJECT NO. 9629A NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enrrr inrn ConlraCt with the Ohliper in arcnra,..ce :ri;h -,L imin of such bid, and give such bond or bonds as mas be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for Clic prompt payment of labor and material furnished in the ptosecutiun thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee IIIc difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligec may in good faith contract with another patty to pevfonn the Work catered by said bid, then thit obligatum shall be null and void, otherwise to remain in full force and effect. Signed and scaled this 1 I TH day of AUGUST I9 99. SHELTRA & SON CONSTRUCTION CO,, INC. In pler /lprlesence of: rrararl L,1ff'1�ri Cf 1r 9R!� AAE B NE CO�.%' �(Seal) r Pamela P. Sml t ta f vaa0a I I T/gal a 11 • r GV.. J ANERKAN INSURANCE ODMPANY * l 580 WALNUT STREET r CINCINNATI, OHIO 45202 513.369.5000 • FAX 513-723-2740 [low ER OF ATIORNEk" I The number of persons aut:rosired by this power of atlornev is nut more than FI'D'E No 0 15559 KNOW ALL MEN BY THESE f RFSEN't%: That the GREAT AMERICAN I , RANCE CONIPANY. acarparaticn organised and existing_ under and by vtrtueof the laN5 o f tt:e Slate ,+f [shill. docs tteteby nominate comiauit and appoint the person or personsnarmed below' r its true and lawful attolncy-in•facr. for it and •n it, name. pl acr and stead to esecule+n hehalf of the said Company, as surety, any and all bomis. undertakings and contracts ofsuretyshtp,or ethtr urttIen ahhgatinns in the nalurc thtTcol. for aItobIogres including any and all con sentsrequired by the Department of Transport at inn. State -f FhsrAa. incident to the Ideate of retained petcemages and or final rstimates: provided that the Ilabilityoft tics aid Company on any such bend„ urid criakin R or contraer of sulets5hrp eseCuird under tlits arlthority shall not exceed the limit stated r-cI w o, Name Address Limit of Power TWD 1,. Ji7iiklSrKs1 JORV 11. BEBOVr ALL OF ALL JOSEPH 1) - J0111 SON , JR. PWEIA P. S13P11I OP3NW, FLORIDA U 111O'S.I711 D FRPINCIS T. O' REAP CN This Power of Attorney revokes all psesrious powers issued in behalf of the attorneyisyin-fact named above. Il'tWITNESS wHEREOF the GREAT AME RICAN INSURANCE COM PANYhas caused these picsents to be sigrtuiand alteurd by its appropriate officers and its corporate seal hereunto affixed this 27th day of may . 19913 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON -- W On this 27tH dos ,f Sa:, 1'199 hefnre tic grersonalls appeared VM'GLAS R BOWEN, la me known, being duly s°.corn. drpotrs and sa.s nit 1+.0 r-;tded in t,n :itnnalr, Ohio. 01-11 he is the 4tce President of the Bond Division of Great American Insurance Company, the Company dcscrthed in and %hichcrecuted theabose instrurnent; that he knows the seal, that it was so affixed by authority of his office under the 8y•I.aus of said Company. and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resalutians adopted by the Board of Direetots of Great Aratriean Insurance Company by unanimous wntten consent dated .'.larch I. 1493. RESOLVED: That the Damon President. the scleral Dalston Vice Presidents and :assistant Tice Presidents. or any one ofthem, be andhereby is aufharixed, from rime to time, to appoint one or more Auarneys-In-Fart fo execute on behalfofthe Company, assurety, rnyartd all bands, undertakings rod contracts of surclyship, or other a rirren obligations in the nature thereof; to prescribe their respectitr duties and the respectitr limits of their aarhoriry, and to retake any si,ch annoimi men at am sins RESOLVED FURTHER: Ihaf the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Seeresary of the Company may be affixed by facsimile to any power of arforney of certificate afeither grsrn for the exrentlon of any bond, undertaking, contract or$urefyship. or orher n ril ten abhozation in the nal use thereof. such signature and sea; when soused being hereby adopted by the Company as the original signature of such officer and the oripirt it seat of the Company, to be rafid and binding upon the Company with the same force and effecr as though manually off red. CERTIFICATION 1, RONALD C. HAYES, Assistant Secretary of Great American Insurancr Company, do hereby certify that the foregoing Paver of Attorney and the Resolutions of the Board of Directors of March I, 1991 have not been revoked and art now in full force and tffect. Signed and sealed this I l TH day. of AIJ, tJST , 1999 I y SI137Cit I'9.1IiLORIOA'I M F STATEMENT OF PUBLIC ENTITY CRIMES This form is a sworn statement under Section 287.133(3)(a), Florida Statutes, on public entity crimes and must be signed in the presence of a notary public or other officer authorized to administer oaths. 1. This sworn statement is submitted with Bid No.�_ for Sho-oliog RiAnna - SAMDrk 2. This sworn statement is submitted by �'� { i"rl { " �� ti (_�, tt; (_� 1112�; . trema oI enWy wbrmt V sawn "ameM} whose business address isS and applicable) its Federal Employer Identification Number (FEIN) is' 1141A 9' (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: . ) 2. My name is 111AC ,'`#L g11:c' (+ke" P" raw",. of KW&W ) a d my relatins ip to I entity named above is�1y t't ��'t &,1141- Our 4. 1 understand that a "Public Entity Crime" as defined in Paragraph 287.133(1)(g), Florid Statutes, means a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity or with any agency or political subdivision of any other State or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of Rhe United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. 1 understand that "convicted" or "conviction" as defined in Paragraph 286.133(1)(b), Elorida_Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any Federal or State trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury ®edict, n :,;.iu� y trial, ui entry of a plea of guilty or nolo contendere. 6. 1 understand that an °affiliate" as defined in Paragraph 287.133(1)(a),Florida Statutes, means: a A predecessor or successor of a person convicted of a public entity crime; or, b. An entity under the control of a natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons STATEMENT OF PUBLIC ENTITY CRIMES 6-1 • 11 when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding thirty-six (36) months shall be considered an affiliate. 7. l understand that a "person" as defined in Paragraph 287.133(1)(e),Elorida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. t3. Based on information and belief, the statement which t have marked below is true in rotation to the entity submitting this sworn statement. (Please indicate which statement applies.) V/Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, mombers, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agent who are active in management of the entity, or an affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989, (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a sub=quent praceseding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) There person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) STATEMENT OF PUBLIC ENTITY CRIMES S-2 1-1 0 u u u 4 4' L ti w G (signature) -if Aq STATE OF (date) 't Ci� ur COUNTY OF PERSONALLY APPEARED BEFORE MME, the undersigned authority, who, (Ikj ICf after first being (name of individual signing)swom by me, off Geld his er signature in the space provided above on this �' I `� _ day of ".� r ROTARY PUBUC • r pr�;Fjr`ly�.•.�� L 1 0. co) Q,4 My commission expires. "rr+l tilt IIIM, ti'° STATEMENT OF PUBLIC ENTITY CRINES G-3 C-1 511 t FAdxldiadr+se.doc)blf S.WQRLA .I� 1 ENTU � M359TID '[45.08. IN_QLAN—RUE C 0 U N TLY. C -M O" LS= 9K511U THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1, This sworn statement is submitted with Bid foto. 9220 -- 2. This sworn statement is submitted by:=A`�4_s'•l �� r1�. address is: _ t J _. and 4if aplicablejits Federal Employer Identification ,. L Number fF I iris i rI i4 4'i 17�` t f'tl the entity has no FEIN, include the Social 4 N1 Security Number of the individual signing this sworn statement 3. My name is ` Y)oi �C c � L _Vc1V and my relationship to the entity named above is '1` ti . ' � ` ff t r ' 11(41('t 4. 1 understand that an "affiliate" as defined in Section 105.08, Indian River County Code, Ll means- The term "affiliate" includes those officers, diredors, executives, partners, shareholders, employees. members and agents who are active in the management of the entity 5. I understand that the relationship with a County Commissioner of County employee that must be disclosed is as follows: Father, mother, son. daughter, brother, sister. Uncle, aunt, first cousin, nephew, niece, husband, wife, father,rn•fan rnolher.in.lav daughter-in-law, son-in-law. brother -+n -law. srster-rn-larrr. Stepfather steprncther stepson, stepdaughter stepbrother stepsrslef. half brother, half sister, grandparent or grandchild 5. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Please indicate which slaterrfent applies.) I/Neither the entity submitting this sworn statement, nor any officers, directors„ executives, ..^^rs, siiarelWdefs, Gin lU ues, inumbers, or agents who are actsve Irl management �......^� Ia y of the entity, have any relationships as defined in Section 105,08, Indian River County Code, with any County Commissioner or County employee. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in Management of the entity have the foiiowineg relationships vnth a County Commissioner or County employee. STATEMENT ON DISCLOSURE timl RelMonshi© or employee (signature) ?-Il-gq (date) STATE OF Url O+ k — COUNTr OF —Cl, C1 I he foregoing instrument was acknowledged before me this day of L'au— ' 1999, by jjA% E< c [lt�.t JL' who is ners4nally know, to me or who has produced as identification. NOTARY PUBLIC sign: atlwclo, 0. 00110-41d print State of Florida at Large MY Commissioner Expirftj- lrl,l, e (Rea!) tiiNlA71 i,i . �V'ly�F535'ryl�� fr fir• kfl. ' ��:.: Ir cv'1T�., r,,.\ STATEMENT ON DISCLOSURE i • SWORN STATEMENT UNDER THE FLORIDA TRENCH SAFETY ACT THIS FORM MUST BE SIGNED BY THE BIDDER WHO WILL BE RESPONSIBLE FOR THE. EXCAVATION WORD ("BIDDER"), OR ITS AUTHORIZED REPRESENTATIVE, IN THE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO ADMINISTER OATHS. 1. This Sworn Statement is submitted with the Bid No 9 8 for _ Shooting Rangy - itewor ------ (Nan* of Propel, and coftad NO od UesjM~.. etc � 2. This Sworn Statement is submittedby —LA, •-,I-, ,,/ r, , I L.L ] hereinafter "BIDDER",business address is BIDDER'S Federal Employer Identification Number (FEIN) is =_`1 J01d![Z ti3. My narne is �1rre"i�iti r"and my relationship _s fwm Cr r to the BIDDER is �I cvl' of If or1 the F3I0DER 2 14- ��C e� Lr(•{sl�'<' lacy fir' ;pwhon or (Akj I certify, through my signature at the end of this Sworn Statement, that I am an authorized representative of the BIDDER. A. The Trench Safety Standards that will be in effect during the construction of this Project are contained within L'11 f&, 'r 1 ../�f) (refer to the applicable Florida Statutes) an r OSHA Regulation(s) and include (fie '"effective date" in the cilation(s). Reference to and compliance with the applicabte Florida [ Stalvte(s) and/or OSHA Regulation(s) is the rtumplele and safe responsibility of the 'BIDDER. Such reference will not be checked by OWNER or ENGINEER for accuracy, completeness or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the 81DDE R'S compliance with the trench safety standards. 5. The BIDDER assures the OWNER that it will compty with the applicable Trench Safety Standaids and agrees to indemnify, defend and held harrniass the OWNER and ENGINEER, and any of th,& agents or employees, from any claims arising frons the failure of the BIDDER tti idents aaoticablePanriarric nr tC WCn i.• �, .,r.r tem s��tia 6idr�cidrtis, As specdlc consideration for the indemnification above, the OWNER agrees to give the BIDDER twenty-five dollars - ($25.00), which the OWNER agrees is paid on behalf of all parties indemnified herein above. 6. The BIDDER has allocated and included in its bid the total amount of $ 2 , ,',. r, based on the irnear feet of trench to be excavated over five (5) feet deep, for comoance with the appficabie Trrdrx;l Safety Standards and intends to comply with said standards by instn.rcting the following specific methods) of compliance on this Project: TFyEHCH STATEMENT I - I 41111111111 0 The determination of the appropriate method(s) of complianre is the complete and sole responsibility of the BIDDER Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness or any other purpose. Tire OWNER and ENGINEER shall have no responsibility to review or check the BIDDER'S compliance with the Trench Safety Standards. 7. The BIDDER has allocated and included in its bid the total amount of $ based on }� the square feet of shoring to be used for compliance with shoring safety requirements and ■ intends to comply with said shoring requirements by instituting the following specific method(s) of compliance on this Project. The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the Excavation Contractor. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness or any olhef purpose. The OWNER and y ENGINEER shall have not responsibility to review or check the BIDDER'S compliance with ll the Trench Safety Standards. S. The BIDDER, in submi4ling this bid, represents that it has obtained and considered all available geolechnical information, hasutilized said geotechnical irtforrnation and that, based on such information and the BIDDER'S own information, the BIDDER has sufficient !knowledge of the Project's surface and subsurface site conditions and characteristics to assure BIDDER'S compliance with the applicable Trench Safety Standards in designing the trench safety system(s) for the Project. + / Q I81ER By iy (--Cf, 1(at`TRCM)coi�l4- Licet)se, 4tgt) tP or rn.f 1 y � ice) SWORN TO AND SUBSCRIBED before me Ihis � day of ,-�tt999. my onimis-sion ire '� , i" C •a �r. NotAry Put�l c _ ... =+; •;tea rr,L51?rTi e:L e if ��r171 r f I N ri11�1 TRENCH STATEMENT r -a CA i GENERAL INFORMATION REQUIRED OF BIDDERS THE UNDERSIGNED BIDOER GUARANTEES THE TRUTH AND ACCURACY OF ALL STATEMENTS AND ANSWERS HEREIN CONTAINED, FAILURE TO COMPLY WITH THIS REQUIREMENT MAY BE CONSIDERED SUFFICIENT JUSTIFICATION TO DISQUALIFY A BIDDER. AD'DITIO'NAL SHEETS SHALL BE ATTACHED AS REQUIRED. Submitted with the Bid No. for Shooting ange - 5itetgfh I . C iractots tVameJAddress !s � l' ci �'• , C V/— . k 2. Contractor's Telephone & FAX Numbers: :` _'7 r 1--fi 1— 4i3 3. Contractoes License:. 4. Number of years as a Contractor in construction work of the type involved in this contract: 3C �A 5. What is the last project of this nature that you have cornpteted? Have you ever failed to complete work awarded to you, if so, where and wily? I the names a d titles of aN officers of Conor' +rJ\rC �, \P l'�r-,nr - �'vr� �`Ti'.►ra+C _ icto s firm: Imilli if wok f�+t LO V10 IC'r-T f Ileit L ( 'to. Name of person who inspected site or proposed work for your firm: Mame: %l ► WS 0A Date of Inspection: $ 14 64-e to l,A4A NOTE: It requested by the County, the Bidder shall furnish a notarized rinancial statement, references and other information, Sufficiently comprehensive to perrnft an appraisal of his current financial condition. By r QUESTIONNAIRE i dem LIST OF SUBCONTRACTORS The Bidder WILL list below the name and address of each Sub -Contractor who will Perform work undef this Contract in excess of one-half percent of the total bid price, and WILL also fist the portion of the work Which will be done by such Sub,Contractor. After the opening of Proposals, changes or subsGhtions will be allowed with written approval of Indian River County. Sub -Contractors must be properly licensed and hold a valid Certificate of Competency. Submitted■ No. ____goo for_ oting Range =w [. ZtQds to, he 111:1 ■, � � +5 +, x ' 1.11 ' : + ■ , : q 3. (Blp ER) Sya"h (5ipr<ttue} t t0 -or be) (he) OUESTIUM.,jAI1e6 0.2 SECTIQN-TJILE PAGE NUMBER Agreement A 1-3 Performance Bond PB 14 Payment Bond PB 14 Sampie Certificate of Insurance CI 1 Final Payment Ft' 1 Application for Payment AP 1 Shop DraWngtCatalog Cut Submittal SD 1 r 11 r= • AGREEMENT' INDIAN RIVER COUNTY, FLORIDA SHOOTING RANGE - SITEWORK COUNTY PROJECT NO. 9629A THIS AGREEMENT made and entered into on the< day of�+ ,1999, by and betwveen I r n n _91SrS�Comaanv Inc _F rj JAddress) herein after called the Contractor, and INDIAN RIVER COUNTY, a Politica. Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, hereinafter called the County. WITNESSED: That the Contractor and the County, for the consideration hereinafter named, agree as follows. Article 1. SCOPE OF WORK: The Contractor shall furnish at$ of the materials and perform all the work shown on the Drawings and described in the . , Specifications entitled: SHOOTING RANGE - SITEWORK COUNTY PROJECT NO. 9629A for Indian River County, Florida and Shall do everything required by this Agreement and Contract Documents. Payment shall be made in accordance with the Itemized Sid Schedule attached as Exhibit "A" and made a part of this agreement. Article 2, COMMENCEMENT AND COMPLETION & DAMAGES: As tirne is of the essence, the Contractor will be required to commence work under this contract within twenty (20) calendar days after receipt of the notice -to -proceed and shall complete the project within ninety (90)calendar days. The time stated for completion shall include final clean-up of the premises. The Contractor agrees to reimburse Indian River County, Florida liquidated damages for each calendar day elapsing between the date herein specked as the day of full completion and the actual day of such completion -` of the Contract work the amount of one hundred dollars ($100) per calendar day. Not to exceed the total amount of the contract. Article 3. THE CONTRACT SUM: The County will pay the Contractor for performance of the Contract, subject to additions and deductions provided therein, in current funds as follows: Numerical Amount Written Amount. ix yu &W EiftY-Ivig IPt sMd one Hundred Tyanly-TYro L7011Sr5 dnd FUrtY�.IQtlt�e�inic AGREEMENT A - W i Article 4. PAYMENT & RETAINAGE: Progress payments on the Contract amount for the value of work completed and component material on site will be made upon request at not less than monthly intervals. The request must be made through the Engineer on an approved estimate showing the component breakdown of the work totaling the awarded Contract price and the amount i of work for each item completed at the time of the request. Ten percent (10%) of all amounts earned will be retained by the County until final completion and acceptance of the Contract. Contractor shall allow adequate processing time for County Commission final acceptance and approval for final payment. Article 5. ACCEPTANCE AND FINAL_ PAYMENT* Upon receipt of written notice that the work is ready for final inspection and acceptance, the County Public Works Director will promptly make such inspection and when he finds the work acceptable under the terms of the Contract and the Contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work provided for in this Contract has been completed, and acceptance by him under the terms and the conditions thereof is recommended and ine entire balance found to be due the Contractor, will be paid to the Contractor by the County following County Commission approval of the final Contract payment. Before issuance of a final certificate, the contractor shall submit evidence satisfactory to the County Public Works [Director that all payrolls, material bills, and other indebtedness connected with the work have been paid. An affidavit must be submitted by the Contractor to the County Public Works Director stating that all indebtedness connected with the work has been paid, Such affidavit will be signed by a duly authorized officer of the contracting firm, will bear the firm's seat, and will be notarized and attested by two witnesses. A Waiver -of -Lien form signed by a duly authorized officer of the subcontracting tirm, notarized and attested by two witnesses is required from each Subcontractor engaged under the scope of this Contract, and must accompany the request for final payment. The making and acceptance of the final payment shall constitute a waiver of all claims by the County, other than those arising frnm d,nGry#tlarl Wane from fe1110%1 --t, appearing after final payment or from requirements of the Specifications and of all claims by the Contractor, except those previously made and still unsettled. Article 6. INDEMNIFICATION: Subject to the monetary limitations in Article 5.3, of the General Conditions, the Contractor, upon his part, agrees to protect, indemnify, save harmless, and insure the County from any liability to any persons for injuries to the person, including loss of life, or damage to property, resulting from the acts or omissions of the Contractor in performing his obligations under this Contract. The parties expressly recognize that the relationship between the County and Contractor is that of owner and AGREEMENT A - 2 40 0 independent oonhmnhnr, and that neither the Contractor nor any of his servants, agents, or employees shallever hoconsidered h»bmonagent, servant oremployee c%the County, Article 7. PUBLIC CONSTRUCTION PAYMENT BOND AND PERFORMANCE BOND: The Conhec\orshall furnish the County immediately upon execution cf this Contract, m Performance Bund In an amount equal to 125% mfthw Contract price and mPmymentBond inmnamnmuntequal to100%ufthe Contract price with good and nuMhoian( ourwheo' conditioned upon the performance of this Contract by the Contractor in accordance with the terms and conditions hereof, within the time herein provided and with the add[tional obligation that such Contractor shall promptly make paymentsho all persons Supplying him labor, materials and supplies, used directly or indirectiy by the said Contractor in the proSMItion of the work provided for in this contract. The Contractor shall record the Payment and Performance Bond with the Public Records Section ofthe Indian River Courthouse located m\2DOO1R" Avenue, Vero Beach, F[o/ida.32B0D. The recorded bonds will beforwarded to the Purchasing Division within awmek. The Contractor shall provide two separate bonds, ocombined Payment and Performance Bond for 125Y6 ofthe contract price is not onacceptable uubo\duia. In lieu of the Public Construction Bond, the Contractor may furnish an alternative form of security in the form of cash, money order, certified check, cmmhie/ochnok.inavocab|a|ettaroforadi\orameuurKymo|iotedinPuMOnf F.S. Chapter 635. Any such alternative form of security shall bofor the same purpose, and be for the same amount and subject to the same conditions oothose applicable hxthe bond otherwise required, Performance and Payment Bonds may bewaived bythe County ifthe total contract iabelow $80.0OD. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day aiid ye ar 8mtwhMenabnvm ` `' � '~ ^ ^ r. Jt Signed and sealed by the iii U, it presen 77 IND71AIRIVERM A T � Kenneth R.Kaoht'Chairman Barton, Dated: gaML)/ C? q _ 11 Ifnin V. xGREEMmNT A - » g 114 U IN THE RECORC)B+Dp JEFFREY K, BARTON CLERK CIRCUIT COURT INMAN RIVER Co., FLA, FRONTPAGE Attached to and part of Bond No, 397 63 69 In Compliance with Florida Statute Chapter 255.05 (1) (a), Public Work. All other Bond Page(s) are deemed subsequent to this page regardless of any page number(s) that may be preprinted thereon. Contractor Name: Sheltra & Son Construction Co., Inc. Contractor Address: 14911 SW Van Buren Avenue Indiantown, FL 3956 Contractor Phone No. 561-597-3180 Surety Company: Great American Insurance Company Surety Address: 580 Walnut Street Cincinnati, Ohio 45202 Surety Phone No.: 513-369-5000 owner Name: Indian River County Board of County Commissioners Owner Address: 2625 191 Avenue, Vero Beach, FL 32960 Owner Phone No.: 561.567.8000 Obligee Name: (if contracting entity is different from the owner, the contracting public entity) Obliaeo Address: Obligee Phone No.: Bond Amount: Contract, No, (if applicable) Description of Work: Project Location: Legal Description: $652,122.48 Project No. 9629A, Site Improvements at Proposed Shooting Range, IRC Bid 9068 Site Improvements at Proposed Shooting Range Ln U0 ko �n -v rw> UD oa M r r P*ri OrMAMCb Land iNOJAN RIVER COUNTY, FLORIDA SHOOTING RANGE - SITEWORK COUNTY PROJECT hili. 9629A KNOW ALL NEN BY THESE PRESENTS: That we SHELTRA & S014 C014STRUCTIC14 CO., INC, , as Principal, and C4CV l RAID COMPANY , as Surety, are field and firmly bound unto the County of Indian River in the sunt of EIGHT MAIM[] r I FTEEft THOUSAIll) O11E HVgffjp� (5 815,153. IQ amounting 10 125ti16 ofthe total bid !o D. pa}ment of said surd we bind ourselves, our heirs, executors, adminlstralc+s and assigns, jointly and severally, for the faithful performance of a certain vrritlen contract, dated tl}e —of—. 1999, entered Into betwean the Principal and the county of Indian River, Florida, for: 5N001MG RA14GE - SITEWORK COUNTY PROJECT tan. 9629A A cxapy of said Contract is incorporated herein by reference and is made a pert hereof as if fully copied herein, NOW, THEREFORE. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that If the Principal shall In all respects comply with the terms and conditions of sold Contract and his obligations thereunder, Including all of the Contract Documents (that include the Advertisement for or Bids, instructions to Bidders, Proposal, Bid Bond, Contract, Performance Bond, Specifications, Addenda and Drawings), therein referred to and made a part thereof, and such alterations as may be made in said Drawings and Speolfiealions as therein provided for, and shall Indemnify and save harmless the County of Indian River against and from all expenses, damages, Injury or conduct, want of care of skiff, negligence or default, including patent infringement on the part of said Principal, his agants or employees, in the execution or performance of said Contract, including errors in the Drawings furnished by said Principal, and further, If the Principal shall promptly make ,payments 10 all who supply him, with labor and/or maloriafs, used directly or Indirectly by the Principal in the prosecution of the work pro --tided for in said Contract, then this obligation shall be null and void: otherwise, the Principal and Surety, jointly and severally, agree to pay the County of Indian River any difference between the sum that the County of Indian River may be obliged to pay for the compfetion of said work, by Contract or otherwise, and any damages, wheihar direct, indirect, or consequential, which the County of Indian Rlver may inriir as a result of the failure of the -"irl r, 1_ -__ �u -r-. v NWe iy execute all of the provisions of said %vrliract. AND, the said Principal and Surety hc-reby further bind thernselves, their successors, execzrtors, administrators and assigns, jointly and several!y, that they will amply and fully prosect � the County of Indian River against, and will pay any and all amounts. dartaaes, costs and Judgments which may be recovered against or v, ir,Tt the C?�+ner may tae called upon s, pay I0 any N person 0r corporation by Mason of any damape arising from the performance of the said work, repair or maintenance 4'aereol, of 1110 manner of doing the same, or his spank or his servents, or the infdngornents Of -any patent 6hls by reason of the use of any material fumi€hed or work done, as aforesaid or otherwise, — Ul CEF1711FICACMTIONONLASTpAGE J.K.113MON. CLERK iI Performance Bond AND, the said Surety, for value received, hereby ctipulales and agrees that no change, F extension of time, alteration or addition td the terms of the Contract or to the work to be performed r thereunder or the 1pecificalions and [drawings accompanying the same, shall in any way effect Its obligations on this Bond, end it does hereby waive notice of any such change, extension of t time, allerabon or addition to the terms of the Contract or to the work or to the Specifications and Drawings. 'I t AND, the Bald principal and Surety jointly and sovorRily covengnI and agree that this ©rand Y411 remain In full fOTM and effect for E3 poriod of one year commencing on the date of Substantial Completion as established on the Certificate of Substantial Completion as issued by the County of Indian River. Signed, sealed and delivered In the presence of: Witness Slpnalure of Individual Addresa Printed Name of Individual Witness Address YYHFN TNS PRl�7Ci�Ar i� q SQLF n T I NAME: Signed, sealed and delivered in tate presence of: Witness Mame o1 Firm Address Signature of Indivildual Wilness Address ATRt1ECOPY CERTIFICATION ON LAST FIAGE J.K. BARTON, GMK PH - 2 F'" performance. band .................................. 0...............•............. �. ±tEN THE PRINQIPAL.lii_& FA Ef3S IE: Signed, sealed and delivered in the presence of: Witness Address MIlfrM Address Name of Partnership Pariner Pdnled Name of Partner .....I ............................ F.....A............................. WHEN THE PRINCIPAL i��l{ (:e{�RPC3RATIDFI: Atte SHELTRA & SOU CONSTRUCT1414 CO., 114L. Secretary ram of rporeti BY (Affix Corporate Se//al) r-' � •+'! �� J � I�/)fti � tri`► (J(��/�' •;,y�r Y"�., Printed Name Officisi i Ue Gi RTIFICATDCQRPORLIEP13INClPAL i• i1 '/} t r' Jl c certify that I am the Secretary of the corparraiion named as Principal in the within band; that f4.c Lat, ,who signed the said bond on behalf of the Principal was then `' ' IM -410-4, of said corporation: that I know his slgnaluna, and his signature thereto is genuine; and that said Bond was duly signed, sa Irad and atiesLed for and on be hair of Said corporation by authority of Its g v ing b4 y. a A TRUE DOPY . Secretery COMFICATIONtNtLAST F%GE J.K. BA' ON, CLERK .f • r • ei Z �_.elary SPATE OF FLORIDA COUNTY OF itst&71AN(MM QRAIVGE rertcrmnnce runt, GREAT AhmERICAN 116URANCE COMPMiY Corporate Surety 580 Walnut Street, Cincinnati, thio. 45201-- ---.. Buslnesa Address Byr– (Affix Corporate Seal) Ea•ancjs T, _U'Reardon Attorney -in -Fact —J{1 Ns f4 & CQMpuly „ Name of Lord Agency 839.14. 11agrrol is Avenue, Orlando, FL 32803 Ourincer Addrvcc (407) 843-1120 Telephone 900ra me, a Notary Public, duly commissioned, qualified and acting, personally appeared f'rancis T. Q'Reardon _ , to 1110 welt knuven, who boing by me first duly sword upon call), says (hat he is the at(vrrley-in-fact for the Great American lnsurance Cornpany and that tie has been authorixod by Great American Insurance Cont anjo execute the fnregaing bond on behalf of the C014TRACTOR named therein in favor of (he County of Indian River, Florida, Subscribed and sworn to be for me this 27th day of Se ternber` S89g. MY Cornrnlssivn [zoites: Rotary Public, State of Florida Pamela P. 5mi111 M y COMMISSION A CCir34M WIRES • fitly 21.2001 -IM '-w0zsvmujPr A TRUE COPY CERTIFICATIDN ON LAST MW JX BARTON, CLERK 111111111 G MANERI(M INSIIIPME (DMPAW* 580 WALNUT STREET. CINCINNATI. OH10 45202 ■ 513.369.5000 • FAX 513.723.2744 POWER OF ATTORNEY ' The number of persons authorized by this power of attorney is not more than FIVE No. U 15559 KNOW ALL MCN BY THESE PRESENTS: -Chat the GREA"f ANIFR1CAN INSURANCE COMPANY, a corporation organized and exisltr!g tinder and by virtue of the laws of ilic F3tate of Ohln, does hereby nominate. constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the swirl Company, as surety, any and all bonds, undertakiiTs and contracts of suretyship, or other written obligatinns in the nature thercnf; for all obligees including any and all consents required by the Department of Transportation, State of Florida, incident to the release of retained percentages and for final estimates; provided that the liability of the said Company on any such hood, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power MDD L. JOHNSON JOANN 11. BEBO[JP ALL OF' AM JOSEPH D. JOHNSON, JR. PAMELA P. S14MI ORLANDO, FLARIDA UNLIMITED FRANCIS T. O'REAR" This power of Attorney revokes all previous powers issued in behalf of the attorncy(s)-in-fact named above. IN WITNESS W li GREOF the GREATAMER iCA N iNSURANC E COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 27t1t day of My , 1998 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF 01110, COUNTY OF HAMILTON — ss: On this 27th day of Ajay, 1998 before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that lie resided in Cincinnati, Ohio. that he is the Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows lheseal; that it was so affixed by authority of his office under the fry -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adapted by the Board of Directors of Great American Insurance Company by unanimous written consent dated Match 1, 1993. RESOLVED, That rhe Division President, the severrtl f]ivision Vice Presidents and Assistant Nice Presidents, or anyone ofthem, be and hereby is authorized, front rinsetotime, (aappointone ormartA(comets-fn-l;aettOror• "(r rtruh,trdrt [Cor_._. .r.,,rr�, ..s au) cty, any and all ba^»rs, sr de; a ;r,s: d„d curtiracrs oisuretyship, or other wrirtrn obligations in the nature thereof,, to prescribe their respective duties and the respective limits of fhet•r authority; and to revoke any such appointment at any time. RCSOL VL -D FURTHER: That the Company seal and the signal tire of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company tuay be affixed by facsimile to any power of aff nrney or reftt•dicatc of either given for the esccution of any bond, undertaking, contract orsuretyship, or other written obligation in the nature thereof, such signal uieandseal when so used being hereby adopted by the Company as the original signature of such officer and flit origin at scat of the C'nrttpauy, to be valid and binding upon the Company with the sante Caret and effect as though manually afFxcd. CERTFFICA7'ION I, RONALD C. HAYES, Assistant Secretary of Gicat American Insurance Company, do hereby certify that the foregoing Power of AttgmEy adttrthe Resolutions of the Boatd Of 1)iTWOrs Of March I, 1993 have not been revoked and are now in full force and effect, `Sighed and'Acaled [Itis day of T uECO PY CERTIFICATION ON LAST PAf3E . J. K. RAlTi1 . CLERIC s m0tff AG9 Attached to and part of Bond No. 397 63 69 in Compliance with Florida Statute Chapter 255.05 (1) (a), Public Work. All other Bond Page(s) are doomed subsequent to this page regardless of any page number(s) that may be preprinted thereon. Bond Amount: Contract No. (ifapplicable) Description of Work: Project Location: Legal Description: r. $652,122.48 Project No. 9629A, Site improvements at Proposed Shooting Range, IRC Bid 9068 Site Improvements at Proposed Shooting Range Ai l(,IECOPY CERTIFICATION ON LAST PAGE Contractor Name: Sholtra & Son Cnnstructlon Co., Inc. Contractor Address: 14911 SW Van Buren Avenue Indlantown, FL 34956 Contractor Phone No. 561-597-3180 Surety Company: Great American insurance Company Surety Address: 560 Walnut Street Cincinnati, Ohio 45202 Surety Phone No.: 513.369.5000 Owner Name: Indian River County Board of County Commissioners Owner Address: 2025 1W' Avenue, Vero Beach, FL 32960 Owner Phone No.: 561-567-8000 nhlinr�n �,�am�r. (if contracting entity Is dl(feront from the owner, the contracting public entity) 0bilge a Address: Mai Obligee Phone No.: Bond Amount: Contract No. (ifapplicable) Description of Work: Project Location: Legal Description: r. $652,122.48 Project No. 9629A, Site improvements at Proposed Shooting Range, IRC Bid 9068 Site Improvements at Proposed Shooting Range Ai l(,IECOPY CERTIFICATION ON LAST PAGE 40 IAN RIVER COUNTY NG RANGE - SITEWORK Y PROJECT Mn- 4r%7eA Cayment. Bond KNOW ALL M&N RY TWQQr, PAr=fiI=NTR. ` yhe we SHELTRA & S011 C10)r+IST11UC T 10II CO.INC. aF Rrineroot. and QRL111 ui Indian River In the sum of TSI XX 11MDRED FIFTY TI -M THOUSAND ONE HUNDRED Dollars (552,122.18 amountfno to 100% of ti)E3 t(7SA hlri nrirs, fnr fhw r�ymnr l4�f cold sum wo bind ourcolvo P, our helm, executors, aaMinlstfalors 8na assigns, jnlntly and severally, ror the fcalihful performonca or a certain written contra dated the day of , 1898, entered Into betvyeen the Pdnctpal and the County of Indian River, Floride, for: SHOOTI IdG RANGE - SITE WORK COUNTY PROJECT NO. 9629A A copy of said Contract is Incorporated herein by reference and Is made a part hereof as if fully copied herein. NOW, THEREFORE, THE CONDIT1014S OF THIS OBLIGATION ARE SUCH, that, it the principal shall promptly make poymonts to all clairnanta, n* herein Lalvxr UK:nrte[l, Slrerl t1119 opllgaTlon snail oo mo: otherwise, this Bond shall remain in full force and effect, subiect to the followino terms arxd nnnrimr,nev A. A claimant is defined as :any person applying the Principal with labor, material and supplies, used directly or indirectly by the said Principal or any subcontractor in the prosecution of the work Arovldad for in said Contract, and is further defined In Seclion 713.01 of the Florida Statutes, 8. The provisions of Section 255.05 Florida Slahrle shall apply. The abov0 named Principal and Surety hereby jointly and severally agree with the County of Indian River that every claimant as herein defined, who has not been paid In full before the expiration of a period of ninety (90) bays after performance of the labor or eflor complete dellvery of materials and supplies by such claimant, may sue on this Bond for the use of such claimant, prosecuie the suit to Crnal judgement for such sums or sums as may bn justly due claimant, and have CAawlivrl thrreor'l. The County shall not be liable for tha Payment or any costs or pxpenses of any such suit. No suit or action shall be commenced hereunder by any claimant: 1, Unless claimant, other than one having a direct contract %v.1h the Principal, shall wilhrrl forty-five (45) days altar beginning to fumish labor, materials or supplies for lila prosecution of the work, - furnish the principal and Surety with a nollce that he intends to loon to this bond for protection, rU ifs 2. Unlc3a UairTrtarrt, v1 uU,Lt uran one navtng a 01feCT CQnlraCt with The Principal, shalt within ninety (90) days after such claimant's perform, ance of the labor or complete delivery of materials and n supplies, deliver to the principal and Surely written notice of the ,performance of such labor or dell -very of such malarial and supplies and the nonpayment therefore. qn N CERtIMATION ON LAST PAGE JX V''flN, CLIFRK C-) • _;rz PAy'ment Bond "r 3. After the expiration of one (1) year from the performance of the labor or completion of delivery of the materials and supplies; it being understood, however, lira( if any limitation embodied in this pond Is prohibited by sny law controlling the construction hereof such limitalions shalt be deemed to be amended so as to be equal to the minimum period of limitation permitied by such !aw. 4. Other than in a stale Mud of compelent Jurisdiction in and for Indian River County, Florida, or in the United ;Sta CBS Urstnct Court for the 5outnern Dlsulcl ur r: , jut:. til pu IluL elsewhere, The Principal and the Surety jointly and severally, shall repay the County of Indian Inver any sum whtrh it may be compelled to pay because of any lien for labor or materials furnished for any work Included In or provided by said Contract, The Surety, for vague received, hereby stipulates rind agrees that no charge, extension of time, alteration of or addition to the terms of the Contract or to the work to be performed thereunder or to the Specifications applicable thereto shall in any way affect its obilpations on this Bond, and the Surety hereby waives notice of any such change° extension of time, alterations of or addition to Rhe terms of the Contract, or to the work or to the Specifications. The Surety represents and warrants to the County of Indian R!ver that they have a Best's Key Rating Glalria, r:nngral Anitr-ylsr>ldaf'K ratino of "A" and Financial S° azc CeScQvnr of Clear "J{", I lie said Frincipai ana Surety Joinity aria sove.tally cove nt]r}Q aIId tayrclx trltrl hila But td rilil r®main in (Of ford+ nnri affart fnr o nnrinrf of onn yrrnr cornmanc!no on the dale of Substantial L..vl I Pptouvtf toe GJ lv Lllvl—J V4 UI.., gy,ilfl..0 la yr f'S .. L•v..., ..IWI 0.. ..r l.. is �,. «� ...d G�. \h. Qw....� of Indian !River. r IN WITNESS WHEREOF, the above bounded genies executed this Instrument under their Several Seals, this_day of , 7899, A.D., the name and corporate seal each nnrpntatfa party bolo hereto affixed and these presents duty sloned by its undersigned mprcoonletivo, purcuont to authority of its governing body, 1n�N T4a� vR�,SSP_Al.,'i�.A�`,LIISi.Ql�11a1,•l�•L• Signed, sealed and delivered In the presence of, Witness Addres s Wits -G—s Rddress Signature of Individual Printed Narne of Individual ......................4.........r..•............................,. A TRUE 00FY M"F1CATfON ON LASTPAi JX BARTON, CLERK Pia - 2 MP Payment Bond �EE PRINCIPAL tS A SC}LE;PR. R R Tr C; A Signed, sealed and delivered In the presence of: Witness Name of Partnership QY` [SQL! Address Partner Witness Pdnted Name of Partner Address .... ..... ......................... .................. ........„.. WHEN THE PRINCIPAL A_P-8KINE.R IP: Signed, sealed and dellyered In the presence of: Witness Name of Partnership BY: Address Partner Witness Printed Mame of Partner Address ............................... I...... k...............I.....f.. MEN THE R! L IS A QQMQR6IIQN'. Ali t. n. c SHELTRA A SOrd CORSTRUCT.IOr# CO., IW.. 1�l�tJ '�S�retary � _ e C (poral' BY --tom -•� } (Affix Corporate Sea[) + S i t A :I (t �; PH ted Name Official Title c �"� : v i• c'r, AT1ry1�YE1./Vyr.(P��/yy' �ry��{/yam tlEfMFIC,JY101 ORL�W1 PAGE JX 9ARt`t3N, CLERK PB " 3 u Cr Cr L Payment Bond I am the Secretary of the r. Wratlon named as Principal in iiia %tiIthin bond; that _1C.! ([ I , -'J 41-e I Lr c. - who signed the said bond on behalf of the Principal was then � 17� ,.f.i n--� of said corporation; that I know his signature, End his signature Thereto Is genuine; and that said Bond was duty signed, sealed and attested for and on behalf of said corporation by authority of - 1,1'. 1. 4 Its governing body. `. r t; } Secretary fj °`- i7 ii �, 1LLC.G e'�-`` ,Lt.L-/[, rt L...•TAT AMERICAN INSURANCE COMPANY ecretaary orporate surety 580 Walnut Street 8usinass Address Cincinnati, Ohio 4520 x Corporate eel] Francis T, O'Reardon Ahomey n act JOHNSON & COMPANY Name of Local Agency 839 Id. Magnolia Avenue, 00 ndo, FL 32803 Business Address (407) 843-1120 STATE OF FLORIDA COUNTY OF KDYANXRNER ORANGE Before me, a Notary Pubic, duly commissioned, qualified and acting, personally appeared, Francis T. O' Reardon to me well known, who being by me first duly sworn Upon oath, says that he Is she attorney-in•fact for the it trrivnierican Insur�ythat he has bean authorized by to execute the foreRoinp bond on behalf of the COl4TRACTOR. named therein. in favor of the County of Indian River, Florida. Subscribed and 5wom to before me this =z, 27th de f Member . 1990. Notary Public, State of Florida My Commission Expires: Parrlala P. Smilh ' f W cnrrkmssiun N c 343 rxPIRPS {+ a? J#u 21.2001 `' ,q;;•ry WN040 "Mi TNW IAANINIt kw, nrr ATMOY I'Mr + MONI ONLA 1 A7+107F. J.K. OMM, tg4.t:RK FS - 4 G'tEATJ1lIfEltl AN INSURe' ME WMPiVW* f/ 680 WALNUT STREET r CINCINNATI, OHIO 45202 • 613.369.5000 • FAX 513.773.2740 f POWER OF ATTORNEY {� The number of persons aulhorixed by this power of attorney is rtnt more than FIVE No. U 15559 KNOT;' ALL MEN BY THESE PRESEN tS: "I ltat the GRIIA'I' AMER€CAN INSURANCE• COMPANY. a. corporation otganircd and existing under and by virtue of 1 he taws of the State of Ohio, does hereby nom; n ate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for nand in its name, place anal stead to execute in behalf of the said Company, is stnety, any and all bonds, nndertskings and contracts of suretyship, or other written obligations in the nature thereof. for all nbligees including any and all consents required by the Department of Transportation. State at Flofida, incident to the release of retained petcemages and jor final estimates; provided that the liability of the said Company on any such bond, undertaking or cont r act of s u re i pship executed under tins aushoth y sit ai I not exceed the limit stated below. Name Address Limit of Power IMD L. .7OlIAISOs'+I JOANN H. BOdOF Aid, OF ALL .TUSh:PH I). JOHNSON, JR. PAMELA P. St•1I111 ORLf1NDO, FLOIUDA LINLIy `1'F.S) F'RPSICIS T. W REARDON This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)•in-fact named above. IN WITNESS WHE REOF tile G R E'AT A M ERICA N INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 27t1) day of play . 1998 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON — ss: On this 27th day of May, 1998 before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that lie resided in Cincinnati, Ohio, tlta% he is the 'Vice President of the Bond Division of (;teat American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was se affixed by authority of Itis office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Uireclors of Bleat American Insurance Company by unanimous written consent, dared March 1, 1997, RESOLVED: That the Division President, the rrveral Division Vice Presideafs and Assistant Vice Presidents, or any one of rhen7, he and hereby is an fhorised, fron7 time to time, to appoint one or mote Allorrrcys-ln-fart to excco re on behnfrof the Conap any, as surer y, any and all bonds, undertakings and contracts of suretyship, or other written obligatiofrf in the nature there,)(,• to plescrif c their respective duties and rhe respective limits of their authority, and to revoke any such appointment at any time. u RESOLVED FURTHER: ?'hat the Company sea! and the signature orany of The aforesaid officers and any Secretary or Assistant � Secretary of the Company may be alfrAed by facsimile to any power of attorney or rcrliftcale of rithrr given for file execution of any bond, undertaking, contract orsuretyshiP, orather wfitre67 obligation ifr the nature rherrnf, such signarurc andsral a brnso used briogherehy adoptedby f V iiiy'any u"... 8;i6-ir,- Sia ii,iC6:i 4; 5i:Ci v`i. r, ha,vuu+ui,ir; .ryOit ii,e 4:eivapnuy tiiiit ine=..,�_'. same force and effect as though manually affixed. -a r. 7 t0 a I\) CERTIFICATION Cdl > 1, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that rite foregoing Power of titjiiMttV%nd,thc Resolutions of the Board of f hector) of March I, 1993 have not been revoked and ate now in full force and effect. Signed'i nd sealed this tiny of STATE OF FLORIDA WHAN RIVER COUM TIIISISTDCERTIFYTHATTH19 18 A TRUE AND CORRECT CORY OF TNI: OHIGINALON FILE INTHIS 11Qa OFFICE' $I 137C(iIII?)(FLORIDA) ' , ON, RX w U jjFpMGLEFtK 0411E ry9�i r TACORD,y CERTIFICATE OF LIABILITY INSURANCE . 09,2711999 UOUC.ER {407}843-1120 FAX (407)8-1,1-5172 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Johnson & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIPICATE DOES NOT AMEND, EXTEND OR P19 N. Magnolia Ave. ALTER THE COVERAGE AFFORDED} BY THE POLICIES BELOW, _ •l ando, FL 32803 COMPANIES AFFORDING COVERAGE Transcontinental Insurance Company COMPANY Attn: Ext: A TUBED COMrANY Transportation Insurance Company B Sheltra & Son Construction Co., Inc. National Union Fire Insurance Company P. 0. Box 336 OGCAITY Indiantown, Florida 34955 Insurance CO. of the State of Penna. CCPAPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HA'4E BEEN ISSUED TO THE INSUPEO NAMED ABOVE FOR THE POLICY PERIOD INDICATEO. NOTWITHSTANDING AtIY REOU1REkIrNT. TERM OR CONDITION OF AN'Y CCNTRACT OR +ETHER 0CKXAIE1IT' YArH RESPECT to WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSUFWtCE A€FORDED B r TkIE POLICIES UESCR19 ED HERER IS 5U9.lEC r I CALL THE TERPAS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES U1417S SHOY:N MAY HAVE BEEN REDUCED BY PAID CLAIMS a TYPE OF IN$URANCE POLICY NUWHER R POLICYEFFECTIVE POLICYEXPIRATIOR LIMITS GATE IMMUDMI GATE IMRVDOIY'Tt GENERAL LWI7LnY OEHERAL AGGREGATE S 2.000,000 X 0016WERCI:L GENERAL LU,BIUTY Ppawcfs • COMP -OP AGO S 11000.000 n M CwBESwmE X "7CP 1015877902 08/01/1999 08/01/2004 PERSONAL,$ ADVRLIURY S 1,000,000 OWNER'S A CONTRACTOR'S PROT EACH OCCURREKE $ 1.000,000 X Banket Contractual FIRE DAMAGE WyanEFire) S 50,000 MED EAP IM � pffwt s 5 tl00 AUTOMOBILE LIA2ftIT'F COMBINED $utGLE LIMIT f X ANY AUTO 1, 000 , 000 ALL OWNED AUTQS BODILY iPL'URY = SC{IEDUL£O AUTOS B BUA 1015877916 IT'Y+tie+Tc V 08/01/I999 08/0112000 X HIRED AUTOS BODILY INJURY S X NQN4WNFDAUTOS ,Per ait 1&11 - - PROPERTY DAMAGE S GARACEUANLTTY AUTO ONL Y- EA ACCIDENT S ANY MOO OT RER THAN AUTO ONLY: ONO= EACH ACCIDENT- S . AGGREGATES EACE" LIABBM EACH OCcuRRENCE . S 4.000,000 X UMBRELLA FORM BE 432 9166 08/01/1999 0810112000 AcGAEGAnE S 8,000,000 CRIER THAN UMBRELLA FORM S WORKERS COMPERSATKN{ AND fORr LIMITS ER EMPLOYERS' LIA&ILITY V WC 587 1535 EL EACH ACCIDENT S 1, 000, 000 08/01/1449 OB/Ol/20tl0 THE PRGPRIE 0FU X WL ELOL98kSE•POLICY LIMIT . s 1,000,000 PAHTHEIR&EXECUTiVE OF€ICERSAIE F%CI ,U 011 -u CrtfEa ontractors All Risk Covera e g A Equipment TCP 1015877902 08/01/1949 08101/2000 Deductible 51,000 Rental Equipment 5200,000 "S:CRIPTIOH OF OPER.AnONS&OCAnON"IiICLES+SPECIAL ITEMS Project No, 9629A, Site Improvements at Proposed Shooting Range TRC Bid 9068 CERTTF}CA Eii, . t� `. y;` ,:;I.. ; !'CAkCE1.iATIOH to a� - F:�•_s; sz +;�:> - 13A ".ilsry ' �, i- SHOULD ANY Of THE ABOVE DESCMSEO POLICIES BE CANCELLED BEFORE THE EAPIRA r ION PATE THEREOF, THE 1531ANO CCMPAIIY MRL ENDEAVOR TO MAL. Indian River County 34 DAYS YYWTTEN NOTICE TO Ttif CEATISICATE IIOLDEA NAAMO TO THE LEFT, Board Of County Commissioners BUT FAILURE TO MAIL SUCH NOTICE SKLLL IUPOSE NO OBIIUATION OR LIABILITY 2625 19th Avenue CP ANY KIND UPON THE COMPANY, ITS AOENfS OR REPRESENTATIVES. Vero Beach, FL 3+2950 AUTHDRI.TEDREPRFSENTATTVE Francis 1, D'Reardon/PF CORD'$ 3 j i " e- Y •rte b ,+ , • • ig 1140 FINAL. PAYMENT CONTRACTOR STATE OF FLORIDA COUNTY OF I Personally before me the undersigned officer, authorized by the laws of said state to administer oaths, comes - who on oath says: I That he is the Contractor with whom Indian River County, Florida„ a political subdivision of said state, did on the day of 1999, enter into a contract for the performance of certain work, more particularly described as follows: SHOOTING RANGE - SITEWORK County Project "M 9629A Affiant further says that said construction has been completed and the contract therefore fully performed and final payment is now due and that all Gems contracting directly with or directly employed by such contractor have been paid in full EXCEPT: -NO= Amour who have not been paid and who are due the amount set forth. WITNESS: (Corporate Seal) (Contractor) By: Subscribed and sworn to before me this — Day of ,1,,1999, Attest; I'i ..71 y FuiiAu State of Florida at Larne My Commission expires:_ (Notary seat) Name of Notary typed or printed I herewith acknowledge receipt of Final Payment on above and do hereby certify that I have no claims against the owner of said property. Contractor FlIM1. PAYMEN'r FP - 1 Cil INDIAN RIVER COUNTY, FLORIDA APPLICATION FOR PAYMENT NO.— PROJECT NO: -267.9A ACCOUNT PROJECT: SU()QTING RANVGE - SITEWORK CONTRACTOR NAMElADDRES& APPLICATION DATE: FOR PERIOD ENDING CW �{,¢��" rtk'fiCati6�1 The undersigned CONTRACTOR hereby certifies that all items and amounts on the face of this application fur payment are correct; that all work has been performed and/or materials supplied in fill accordance with the terms and conditions of the contract. 'clue undersigned CONTRACTOR hereby swears under penalty of perjury that (1) all previous progress payments received from the OWNER on account of work performed under the contract referred to above have been applied by the undersigned to discharge in fill all obligations of tine undersiipued incurred in connection with work covered by prior Applications for Payment under said contract, being Applications for Payment numbered I through biclusive; and (2) all materials and equipment incorporated in said project or otherwise listed in or covered by tliis Application for Payment are free and clear of all Piens, claims, security interests and encumbrances. Dated 11999 (Contractor) BY: (NainelTitle) COUNTY OF INDIAN RIVER sTATI"OF FLORIDA Before me this day of 1999, personally appeared known to me, who being duly sworn, deposes and says that (s)hc is the Of the CONTRACTOR above mentions that Whe executed die above Application for Payment and statement on behalf of said CONTRACTOR; and that all of tate statements contained hereto are true, correct and complete. Notary Public My Commission Expires:_ APPLICATION FOR PAYH9NT AP - 1 STATEMENT OF WORK Original Contract Price Materials Stored $� NO Change Orders S-- (Attadi details schedule and paid invoices) Current Contract Price $ Total WordlMatcrials to Date $_ Work to Date: Less 10% Retainage $ Under Original Contract $ Sub Total $ _ Under Change Order S____ Less Prior Payments Percent of Work Completed to Da rc % BALANCE DILE THIS PAYMENT S CW �{,¢��" rtk'fiCati6�1 The undersigned CONTRACTOR hereby certifies that all items and amounts on the face of this application fur payment are correct; that all work has been performed and/or materials supplied in fill accordance with the terms and conditions of the contract. 'clue undersigned CONTRACTOR hereby swears under penalty of perjury that (1) all previous progress payments received from the OWNER on account of work performed under the contract referred to above have been applied by the undersigned to discharge in fill all obligations of tine undersiipued incurred in connection with work covered by prior Applications for Payment under said contract, being Applications for Payment numbered I through biclusive; and (2) all materials and equipment incorporated in said project or otherwise listed in or covered by tliis Application for Payment are free and clear of all Piens, claims, security interests and encumbrances. Dated 11999 (Contractor) BY: (NainelTitle) COUNTY OF INDIAN RIVER sTATI"OF FLORIDA Before me this day of 1999, personally appeared known to me, who being duly sworn, deposes and says that (s)hc is the Of the CONTRACTOR above mentions that Whe executed die above Application for Payment and statement on behalf of said CONTRACTOR; and that all of tate statements contained hereto are true, correct and complete. Notary Public My Commission Expires:_ APPLICATION FOR PAYH9NT AP - 1 4! 11 SHOP DRAWING/CATALOG CL7 SUBMITTAL MANUFACTURER'S CATALOG NQ. _ DRAIMU NQ If Iltiis sisuUntittal is a.gjbstitttQn srI_a cl�tiation frons th�gntract �ecePicn_tiotts� u rcd ^ the Gongral lilly-comply 1 ith the mguircmcntuf.Ihe Qcncral Cnndju,mm (RESERVE TIS SPACE 13ELOW FOR SI -10P DRAWING REVIEW STAMPS) ATTACH THIS PAGE TO EACH COPY OF THE SHOP DRAWINGS OR CATALOG CUTS SHOP PRAWINGs SD - 2 N O ab TABLE OF CONTENTS OF GENERAL CONDITIONS Article Nunflm, i" pm DEFINITIONS ............... ...................................... ........ GC - 1 2 - PRELIMINARY MATTERS . .... ................................... ....... GC -4 3 - CONTRACT DOCUMENTS ........... .............. ................ ...... GC - 5 4 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS, REFERENCE POINTS .......... GC, - 7 5 - BONDS AND INSURANCE ......... .................. .............. _ GC. 9 6 - CONTRACTOR'S RESPONSIBILITIES ............ ........................ GC - 11 7 -OTHER WORK ...... ............ .......... ---- I . GC -20 6 - OWNER'S RESPONSIBILITIES ....... ........................... ......... GC. 21 9 - ENGINEER'S STATUS DURING CONSTRUCTION ............................ GC,21 10 - CHANGES IN THE WORK ........... .... ............. GC - 24 11 - CHANGE OF CONTRACT PRICE ...... ................ Gr. 25 12 - CHANGE OF CONTRACT TIME ............................................ GC -28 13 - WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ................... GC - 29 14 - PAYMENTS TO CONTRACTOR AND COMPLETION ... ......... ....... ..... GG - 32 15 - SUSPENSION OF WORK AND TERMINATION ............ .......... — GC - 37 16 - ARBITRATION ........ .......... ........... — ...... GC. - 39 I A �'rOU3 ........ 17h I �14� ....... .......... ............. ......... GC -40 C-1 P GENERAL CONDITIONS Wherever used in these General Gonditions or in the other Contract Documents the following r terms have the meanings indicated which are applicable to both the singular and plural thereof: Addenda - Written or graphic instructions issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents. Agreement - The written agreement between OWNER and CONTRACTOR, covering the Work to be performed: other Contract Documents are attached to the Agreement and made a part thereof as provided therein. application for Paynnent - The John accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents, Approved Equal - A substitute product equal to or better than the brand name product as specified and permitted to be used in this Project only when approved by the ENGINEER. Bidder - Any person, firm, or corporation submitting a Did Proposal for the Project. Change Order- A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work or an adjustment in the Contract. Price or the Contract Time, issued on or after the Effective Date of the Agreement. Contract- The agreement executed by the OWNER and Bidder given the Award for the Project, including all Contract Documents. Contract Documents - Advertisement for Bids, Instructions to Bidders, Bid Bond, Bid Proposal, Statement on Public Entity Crimes, Sworn Statement under the Florida Trench Safety Act, Information Required of Bidders, Agreement, Certificate of Insurance, Payment Bond, Performance Bond, General Conditions, Supplementary Conditions, Technical Specifications, Drawings, Appendix, Geotechnical Report, Florida Department of Transportation (FDOT) Standard Specification for Road and Bridge Construction (1996), FOOT Roadway and Traffic Design Standards (1994), American Water Works Association Standards, American National Standards Institute, American Society for Testing and Materials Standards and American Association of State Highway and Transportation Officials, Standard Building Code (1997), together with all Addenda and Change Orders issued with respect thereto. CwidraGi Ffi— - Tine moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9 in the case of Unit Price Work.) Contract Time - The number of days (computed as provided in paragraphs 17.2 and 17.3) or the date stated in the Agreement for the completion of the Work. Contractor- Tha person, firm or corporation with whom OWNER has entered into the Agreement. Defective - An adjective which when modifying the word Work refers to Words that is unsatisfactory, faulty or deficient, or dimes not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval refoaed to in the GENERAL CONDITIONS Gc - 1 40 Contract Documents, or has been damaged prier to ENGINEER'S recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accnrdanco with paragraph 14.8 or 14.10). Drawings - The drawings which show the character and scope of the Work to be perforrned and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Effective Matra of the Agreement The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is sinned and delivered by the last of the two parties to sign and deliver, ENGINEER - Public Works Director (or his designee) Department of Public Works Indian River County, Florida 1840 25"Street Vero Beach, A. 3.2960 Field Order- A written order issued by ENGINEER which orders minor changes to the work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Time. General Requirements - Sections of Division 1 of the Specifications, Laws and Regulations; Laws or Regula tions - Laws, rules, regulations, ordinances, codes andfor orders, Notice of Award - The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. Notfce to Proceed - A written notice given by OWNER to CONTRACTOR 4with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shatl start to perform CONTRACTOR'S obligations under the Contract Documents. OWNER - Indian River County, Florida 1840 25" Street Vero Beach, FL. 32960 Partial Utilization - Placing a portion of the Work in service for the purpose for which it is intended (or a reimea purpose) betore reaching Substantial Completion for all the Work.. Project - The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. Resident Project Representative - The authorized representative of ENGINEER who is assigned to the site or any part thereof. Shop Drawing - Alt drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all GENERAL CONDITIONS GC w. M illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications - Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems„ standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor- An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Worts at the site. suLlstantial Completion -'rhe Werk (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER'S definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or spcated part) can ba utilized for the purposes for which it is intended; or if there be no such certificate issued, when final payment is due in ac cordanr°.e with paragraph 14.93. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof, Supplementary Conditions - The part of the Contract Documents which amends or supplements these General Conditions, Supplier- A manufacturer, fabricator, supplier, distributor, materialman or vendor. Underground Facilities - Ali pipelines, conduits, ducts, cables, wires, manholes, vaults, taroks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials; electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. Unit Price Work - Work to be paid for on the basis of unit prices. Work - The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents, Waris is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents. Work Directive Change - A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.3 or to cry ioi-yci iiica i.ri iuur Na.rayrawir �. ; . A'veils Directive Change may not cnange me contract NnCe or the Contract 'rime, but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in paragraph 901.2. Milton Amendment - A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non - engineering or nontechnical rather than strictly Work-related aspects of the Contract Documents. GENE RAI, CONDITIONS GC - 3 • 0 ARI LK—;72_-[?REI.MNAHXM Delivery of Bonds: 2.1 When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2 OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the SUpplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be fumished, upon request, at the cost of reproduction. Commencement of Contract'rime; Notice to Proceed: 2.3 The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time after the effective date of the Agreement. In no event will the Contract Time commence to run later than the seventy-fifth (75) day after the day of Bid opening. Starting the Project: 2.4 CONTRACTOR shall start to perform the Work on the data when the Contract Time commences to run, but no Work shall be done at the site prior to the date on which the Contract Time commences to run. Before Starting Construction: 2.5 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the CONTRACT Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liabte to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the Contract Documents, unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. 2.5 Within ten (10) days after the Effective Cate of the Agreement (unless otherwise specified tot iiie Guiimai Requirements), UUN t KAUTOR shall submit to ENGINEER for review: 2.6.1 an estimated progress schedule indicating the starting and completion dates of the various stages of the Work; 2.6.2 a preliminary schedule of Shop Drawing submisslons; and 2.6.3 a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments GENERAL CONDITIONS GC — 4 40 during constfudon. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will bo confirmed in writing by CONTRACTOR at the time of submission. 2.7 Ten (10) days prior to any work commencing, CONTRACTOR shall deliver to OWNER, with a copy to ENGINEER, certificates (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with Section 5. Preconstruction Conference: 2.8 Within twenty (20) days after the Effective Date of the Agreement, but before CONTRACTOR starts the Work at the site, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to discuss they schedules referred to in paragraph 2.6, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. Finalizing Schedules: 2.9 At least ten (10) days before submission of the first Application for Payment a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to finalize the schedules submitted in accordance with paragraph 2.6. The finalized progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance will neither impose on ENGINEER responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from frill responsibility therefor. The finalized schedule of Shop Drawing submissions will be acceptable to ENGINEER as providing a workable arrangement for processing the submissions. The finalized schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent: 3.1 The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2 ii is inu inrenx of the Contract uocuments to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as teeing required to produce the intended result will be supplied whether or not specifically called for. When words which have a well -know technical or trade meaning are used to descrihe Work, materials or equipment, surlrw words shall be interpreted in accordance with that meaning. 'Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whothor such reference be specific or by implications, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated. However, no provision of any referenced GENEP AL CONDITIONS GC - 5 f standard specification, manual or code (whether or not specifically incorporated by reference in the Contract 'Documents) Shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their cunsultants, agents or employeas from those set forth in the Contract Documents, nor shall it be effective to assign to ENGINEER, or any of ENGINEER'S consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.15 or 9,16. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3 If, during the performance of the Work, CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, CONTRACTOR shall so report to ENGINEER in writing at once and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from ENGINEER, however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any contlict, error or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have know thereof. Amending and Supplementing Contract Documents, 3.4 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or mare of the following ways: 3AJ a formal Written Amendment, 3.4.2 a Change Order (pursuant to paragraph 10.4), or 3.4.3 a Work Directive Change (pursuant to paragraph 10.1). As indicated in paragraphs 11.2 and 12. 1, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.5 In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.5.1 a Field Order (pursuant to paragraph 9.5), 3.5.2 ENGINEER's review of a shop drawing or sample (pursuant to paragraphs 6.32 and 6.33), or 3.5.3 ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse of Documents 3.6 Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or ownership rights in any of the 'Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER; and they shall not reuse any of them on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. GENERAL. CONDITIONS a GC - 6 ARTICLE $ - AVAILABILITY OF LAND r; PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.1 OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such Cather lands which are designated for the use of CONTRACTOR. Easements for permanent structures or pan-nanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract 'Documents. If CONTRACTOR believes that any daisy in OWNER's furnishing these lands, right-of-way or easements entitles CONTRACTOR to an extension of Uie Contract Time, CONTRACTOR may make a claim therefor as provided in article 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions/Available Reports: 4.2 Exploration and Reports; Reference is made in the Supplementary Conditions for identification of those reports of exploration and tests of subsurface conditions at the site that have been utilized by ENGINEER in preparation of the Contract Documents. Such reports are not guaranteed as to accuracy or completeness and are not part of the Contract Documents, 4.3 Unforeseen Conditions: CONTRACTOR shall promptly notify OWNER and ENGINEER in writing of any subsurface or latent physical conditions at the site or in an existing structure differing materially from those indicated or referred to in the Contract Documents. ENGINEER will promptly review those conditions and advise OWNER in writing if further investigation or tests are necessary. a Promptly thereafter, OWNER shall obtain the necessary additional investigations and tests and furnish copies to ENGINEER and CONTRACTOR. If ENGINEER finds that the results F of such investigations or tests indicate that there are subsurface or latent physical conditions which differ materially from those intended in the Contract Documents, and G; which could not reasonably have been anticipated by CONTRACTOR, a Change Order shall be issued incorporating the necessary revisions. Physical Conditions - Underground Facilities: 4.4 Shown or Indicated: The information and data shown or indicated in the Contract r Documents with respect to existing Underground Facilities at or contiguous to the site are based on information and data furnished to OWNER or ENGINEER by the owners of soinh iindergrouna Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.4.1 OWNER and ENGINEER shalt not be responsible for the accuracy or completeness of any such information or data; and 4.4.2 CONTRACTOR shall have full responsibility for reviewing and checking all such information and data, for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the owners of such Underground Facilities during construction, for the safety and protection thereof as GFNFRAI. CONDITIONS GC — 7 f provided in paragraph 0.25 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. Utllities. 4.5 The word facility as used in this subsection titled "Utilities" includes any pipe conveying gases or liquids and appurtenances attached thereto; cables, conduits, wires, ducts and appurtenances; poles and appurtenances; any of which may be buried below grade or installed at or above grade level. A facility excludes irrigation pipes, service connections and traffic signal wiring, A service connection is a pipe (excluding irrigation pipes), cable, wire, duct or conduit that is intended to connect a facility with a user. The word Utility as used in this subsection titled "Utilities" refers to the entity having legal ownership of the facility, service connection, irrigation pipe, or traffic signal wiring. 4.6 The ENGINEER has endeavored to date;mine the existence of underground facilities at the site of the work from the records of the utilities with known facilities in the -vicinity of the work, The position of these facilities as derived from such records are shown on the pfans. Service connections, irrigation pipes, and traffic signal wiring may not be shown on the plans. The CONTRACTOR shall make his own investigations, including exploratory excavations and contact with Utilities, to determine the exact locations and type of existing facilities, service connections, irrigation pipes, and traffic signal wiring prior to commencing work in the area and shall be responsible for any damage thereto, 4.7 With regard to paragraph 6.25, damage, injury, or loss resulting in whole or in part from the CONTRACTOR's failure to locate and preserve a facility, service connection, irrigation pipe, or traffic signal wiring shall under no circumstances be deemed attributable to the fault of the Drawings or Specifications or to the acts or omissions of the OWNER or ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable. 4.8 With respect to underground facilities, no claim for a change in the contract price may be allowed unless the CONTRACTOR discovers an underground facility which is not indicated or referred to in the Contract Documents or which is in a position differing materially and significantly from that indicated or referred to in the Contract Documents. If such discovery is inade, the CONTRACTOR shall promptly notify in writing the OWNER, ENGINEER and the Utility. The OWNER may make changes in the alignment and grade of the worts in accordance with the section titled "Changes in the Work". 4.9 At no additional cost to the OWNER, the CONTRACTOR shall replace, remove, relocate, protect, or temporarily maintain a facility which is not in a position diffPrimo !na!eriaii„ anri significantly from that indicated or referred to in the Contract Documents. At no additional cost to the OWNER, the CONTRACTOR shall adjust the top elevation of all valve boxes and manholes to match the finish grade or pavement surface and shall replace, remove, relocate, protect, or temporarily maintain all service connections, irrigation pipes, and traffic signal wiring. The work on the facility, service connection, irrigation pipe or traffic signal wiring shall be done in a manner satisfactory to the Utility, it buing understood that the Utility has the option of doing such work with his own forces, or permitting the work to be done by the CONTRACTOR. Reference Points: 4.10 OWNER shall provide engineering surveys to establish reference points for construction GENF,RAL CONDITIONS GC - 6 r.. which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Wont. CONTRACTOR shall be responsible for laying out the Work (unless othermse i specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in gradesor locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. Llr��sl-Ji2lkJ-JI Vg1K0 5.1 Within ten (10) days of receipt of the Contract Documents for execution, the successful bidder shall furnish a Performance Bond In an amount equal to 125% of the contract price and a Payment Bond in an amount equal to 100% of the contract price for the faithful performance and ,payment of all CONTRACTOR'S obligations under the Contract Documents The CONTRACTOR shall provide two separate bonds, a combined Payment and Performance Bond for 125% of the contract price is not an acceptable substitute. CONTRACTOR shall furnish the bonds o;, the forms provided in these Contract Documents in accordance with Article 5. The CONTRACTOR is required at all times to have valid Performance and Payment Bonds in force covering the work being performed. A failure to have such bonds in force at any time shall constitute a default on the part of the CONTRACTOR. If the surety writing the Performance and Payment Bonds becomes disqualified, then this shall automatically constitute a failure on the part of the CONTRACTOR to meet the above requirements. Ali bonds shall be in the forms prescrilaed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570(amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All 'Bonds signed by an agent must be accompanied by a certified copy of the authority to act. 5.2 if the surety on any 'Bond furnished by CONTRACTOR is declared bankrupt or becomes Insolvent or its right to do business is terminated in any state where any pant of the Project is located or It ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within five (5) days thereafter substitute another Bond and Surety, both of which roust be acceptable to OWNER. In lieu of the Performance and Payment Bonds, the CONTRACTOR may furnish an alternative form of security in the form of cash, money order, certified chock, cashier's check, irrevocable letter of credit or a security as listed in Part 11 of F.S. Chaptor 6�15 Any such alternative form of security shall be for the same purposes, and be for the same amount and subject to the same conditions as those applicable to the bond otherwise required. The determination of the value of an alternative form of security shall be made by the OWNER. Such bonds shall continue in effect for one (1) year after completion and acceptance of the work. CONTRACTOR's Liability insurance: 5.3 Insurance - General. CONTRACTOR shall not commence work under this contract until he has obtained all insurance required under this Section and such insurance has been approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor GENERAL CONDITIONS GC - 9 M has been so obtained and approved. All such Insurance shall remain in effect until final payment and at all time thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12. 5.3.1 Insurance Requirements: 5.3.1.1 Worker's Compensation: To meat statutory limits in compliance with the Workers Compensation Law of Florida. This policy must include Employer Liability with a limit $100,000 for each accident, $500,404 disease (policy limit) and $100,000 disease (each employee). Such policy shall include a waiver of subrogation as against OWNER and ENGINEER on account of injury sustained by an employee(s) of the CONTRACTOR. 5.3.1.2 Commercial General Liability: Coverage shall provide minimum limits of liability of $1,000,044 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: • Premises/Operations • Products/Completed Operations • Contractual Liability • Independent Contractors 5.3.1.3 Business Auto Liability: Coverage shall provide minimum limits of liability of $1,000,004 per occurrence Combined Single Limit for Bodily Injury and Property Damage, This shall .include coverage for: Owner Autos Wired Autos Non -Owned Autos 5.3.1.4 CONTRACTOR's Property Insurance: CONTRACTOR shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (svbject to such deductible amounts as may be provided in the Supplementary Conditions or required by law). This insurance shall include the interests of OWNER, CONTRACTOR and Subcontractors in the Work, shall insure against the perils of fire, lightning and extended coverage, shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such other perils as may be provided in the SFrpplementary f ondi6c.nz- nd rh ail : ick;:?a a__'_'___ - - ..�u ,yr uaiiecrytxa, iusSis�, and expenses arising out of our resulting from any Insured loss or incurred in the repair or replacement of any insured property (including fees and charges of engineers, architects, attorneys and other professionals). If not covered under the "all risk" insurance or otherwise provided in the Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of thea Work are to be included in an Application for Payment. The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with GFNERAI, CONDITIONS GC -- 10 • P this paragraph shall contain a provision that the coverage afforded will not be canceled, materially changed or reduced until at least thirty (30) days' prior written notice has been given to OWNER. 5,3.11.5. CONTRACTOR'S All Risk" insurance: CONTRACTOR shall secure Builders' Risk "All Risk" insurance at his expense and provide properly completed and executed 'Certificates of Insurance and insurance Endorsement' €ones in the exact format and working presented in theses Contract Documents before starting work. 5.3,2 Special Requirements: 5.3.2.1 Upon submittal of the executed contract by the Contractor, certificates of insurance and endorsement forms in the exact wording and fonmat as presented in these Contract Documents will be provided to the OWNER's Risk Manager for review and approval. The certificates shall provide for the following: 5.3.2.1.1. "Board of County Commissioners, Indian River County Florida" will be named as "AddiWonal Insured" on both the General Liability, Auto Liability and Builder's Risk "All Risk" Insurance. 5.3.2.1.2. The OWNER will be given thirty (30) days notice prior to cancellation or modification of any stipulated insurance. Such notification will be in writing by registered mail, return receipt requested and addressed to the OWNER's Risk Manager. 5.3.2.2. An appropriate "Indemnification" clause shall bre made a provision of the contract (see paragraph 6.36 and 6.37 of the General Conditions), 5.3.2.3. It is the responsibility of the CONTRACTOR to insure that all subcontractors comply with all insurance requirements. 53.2.4. It should be remembered that these are minimum requirements which are subject to modification in response to high hazard operation. 5.3.2.5. Insureds must be authorized to do business and have an anent for service of process in Florida and have an °A" policyholder's rating and financial rating of a least Class X1 in accordance with the most current Best's Rating. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence; 6.1 CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perfoma the Work in accordance with the Contract Documents, CONTRACTOR shall be GENERAL CONDITIONS GC - II solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or selection of specific means, methods, techniques, sequences or procedures of construction which is indicated in and require(,' by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work oomplies accurately with the Contract Documents. 6.2 CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER exempt under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to the Superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials end Equipment: 6.3 CONTRACTOR shall provide competent, suitable qualified personnel to survey and lay out the Work and perform construction as squired by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicted in the Contract Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. 6.4 Unless otherwise sperified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all material, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel power, light, treat, telephone, water sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.5 All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. It required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All material and equipment shall be applied„ installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to ENGINEER, or any of ENGINEER's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. Adjusting Progress Schedule: 6.6 CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) adjustments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress than if effect and additionally will comply with any provisions of the General Requirements applicable thereto, Substitutes or "Or -Equal" Items: 6.7.1. Whenever materials or equipment are specified of described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming GENERAL CONDITIONS GC - 12 of the item is intended to establish the type, function rand quality required and to establish a basis for bidding. Unless the name is followed by words indicating that no substitution is permitted, substitute materials or equipment may be reviewed by Engineer if sufficient information is supplied by CONTRACTOR to allow Engineer to evaluate the proposed substitution. The use of materials or equipment other than those named shall be considered a substitution, which will be considered only after a contract for the Work is awarded. 6.7.2. If CONTRACTOR wishes to fumish or use a substitute item of material or equipment, CONTRACTOR shall snake written application to Engineer for review thereof, certifying that the proposed substitute will perforin the functions and achieve the results called for by the Contract Documents, be similar and of equal substance to that specified and be suited to the same use as that specified. The application will state that the evaluation and review of the proposed substitute will not prejudice CONTRACTOR'S achievement of Substantial Completion on tirne, wheti7er or not review of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from use of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, alt of which shall bre considered by Engineer in evaluating the proposed substitute. 6.7.3. The ,procedure for review by Engineer will include the following a. Requests for review of substitute items of material and equipment will not be accepted by Engineer from anyone other than CONTRACTOR, b. Upon receipt of an application for review of a substitution, Engineer will determine whether the review will be more extensive than a normal shop drawing review for the specified item, C. If the substitution will not require a more extensive review, Engineer will proceed with the review without additional cost to CONTRACTOR. d. If the substitution requires a more extensive review, Engineer will proceed with the review only after CONTRACTOR has agreed to reimburse OWNER for the review cost. e. Engineer may require CONTRACTOR to furnish at CONTRACTOR'S expense additional data about the proposed substitute. 6.7.4, if a ,F ocific m-3ans, rnethud, teci-inique, Sequence of procedure of construction Is Indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to Engineer, if CONTRACTOR submits sufficient information to allow Engineer to determine that the substitute proposers is equivalent to that indicated or required by the Contract Documents. The procedure for review by Engineer will be similar to that provided in paragraph G,1 as applied by Engineer (and as may be supplemented in the General Requirements). 6.7.5. Engineer will be allowed a reasonable time within which to ,evaluate each proposed substitution. Engineer will be the sole judge of acceptability and shall have the right to deny use of any proposed substitution. The CONTRACTOR shall not order, install or GENERAL CONDITIONS GC - 13 utilize any substitution wilf'rout either an exw3ted Change Order or Engineers notation on the reviewed shop drawing, OWNER may require CONTRACTOR to furnish at CONTRACTOR'S expense a special manufacturer's performance guarantee(s) or other surely with respect to any substitute and an indemnification by the CONTRACTOR. Engineer will record time required by Engineer and 'Engineer's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not a proposed substitute is used. CON'T'RACTOR shall reimburse OWNER for the charges of Engineer and Engineer's consultants for evaluating each proposed substitute. 6.7.6. Substitute materials or equipment may be proposed for acceptance in accordance with these paragraphs (F.1 through F.6). In the event that substitute materials or equipment are used and are less costly than the originally specified material or equipment, than the net difference in cast shall benefit the OWNER and CONTRACTOR in equal proportions. This cost difference shall not be reduced by any failure of the CONTRACTOR to base his bid on the named materials or equipment. Concenaing Subcontractor, Suppliers and Others: 6.$ CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER or ENGINEER as indicated in paragraph 6.10), whether initially or as a substitute, against whom OWNER or ENGINEER may havo reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perforin any of the Work against whom CONTRACTOR has reasonable objection.. 6.9 The apparent low Bidder, and any other Bidder so requested by the OWNER, shall submit, within seven (7) days after Hie day of the Bid opening, a list of all Subcontractors and other persons and organizations, including those who are to furnish the principal items of material and equipment, with a value in excess of $5.000=- The list shall include the name and address of the Subcontractor, person or organization and a description of the services, materials or equipment to be supplied. 6.10 OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto within ten (10) days of receipt of the list) of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute; the Contract Price will be adjusted by the difference in the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER or any such Subcontractor, Supplier or other person or organization shall constitute a waiver of env right of UWNER or ENGINEER to reject .defective Work. 6.11 CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and emissions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. GENERAL CONDITIONS .. GC - Iq +s LI 6.12 The divisions and se3dons of the Specifications and the identifications of any Drawings shalt not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to tae performed by any specific trade. 6.13 All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. CONTRACTOR shall pay each Subcootractor a just share of any insurance moneys received by CONTRACTOR on account of tosses under policies issued pursuant to paragraphs 5.3. Patent Fens and Royalties: 6.14 CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and (ENGINEER and anyone directly or indirectly employed by oithor of them from and against all claims, dasraages, losses and expenses (including attorney's fees and court and arbitration costs) arising out of any infringement of patent rights or copyrights incident to the use in the performanoe of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connections with any alleged infringement of such rights. Permits: 6.15 Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shell pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Rids, or if there are no Bids on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. Laws and Regulations: 616 CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any taws or Regulations. 6.17 If CONTRACTOR observes that the specifications or Drawings are at variance with any Laws or Regulations, CONTRACTOR shall give ENGINEER prompt written notice thereof, and any necessary changes will be authorized by one of the methods indicted in paragraph 3.4. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such taws or Regulations, and without such notice to ENGINEER, CONTRACTOR shall bear all costs arising theneerom; however, it shall not be GENERAL CONDITIONS GC - 15 40 CONTRACTOR's primary responsibility to mako certain that the Specifications and Drawings nre In acnordance with such Laws and Regulations. Taxes: 6.18 CONTE tAGFOR shall pay ali sales, consumer, use and other similar taxes required to he paid by CONTRACTOR in accordance with the laws and 'Regulations of the place of the Project which are applicable during the performance of the Worst. Use of Premises: 6.19 CONTRACTOR shall confine construction equipment, the storage of materials acrd equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and regulations, rights-of-way, pernriits and easements, and shall not unreasonably encumber the premises %dith construction ettsripment or other materials or equipment. The CONTRACTOR shall take all precautions to minimize inconvenience to residents living adjacent to the construction site by maintaining access to driveways and providing noise control devices for dewatering equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against OWNER or ENGINEER by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly attompt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall to the fullest extent permitted by Laws and Regulations indemnify and hold OWNER amid ENGINEER hamiless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. 6.20 During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste matar9als, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original condition all property not designed for alteration by the Contract Documents. 6.21 CONTRACTOR shall not load nor permit any part of any structure to be loaded in any 11 ids 1iiw ii las wiii eruianger the structure, nor shall UUNTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 6.22 CONTRACTOR shall maintain in a safe place at the site one (1) record copy of all Drawings, Specifications, Addenda, Written Amendments, reviewed Shop Drawings, Change Orders, Work Directive Changes, field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all reviewed samples and counterpart of all reviewed Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, samples and Shop GENERAL CONDITIONS GC — 16 • D Ings will be dalkwed to ENGINEER for OWNER. Upon delivery of such documents to ENGINEER. the CONTRACTOR shall provide a written certification, signed and dated, that all documents accurately and completely reflect all deviations from or changes in the original Contract Documents made during construction of the project. 6.23 These requirements also supplement those of Article 14. Record documents small be up- to-date and available for review by the resident project representative prior to each application for progress payment. Payment will not be made for constriction of items not shown on the record documents. 6.24 Not friss than two percent (2%) of the contract price shall be retained until correct record drawings, specifications, addenda, modifications and shop drawings are delivered to and reviewed by the ENGINEER. Ssafc{yj and PI -0 601011; 6.25 CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Worn. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.25.1 all employees on the Work and other persons and organizations who may be affected thereby,. 6.25.1 all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.25.3 other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable taws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.25.2 or 6.25.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, and Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or anyc,ne employed Dy erther of them or anyone for wnose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINE=ER has issued a notice to OWNER and CONTRACTOR In accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.26 CONTRACTOR shall designate a responsible representative at the site whose duty shall be the prevention of accidents, This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to OWNER. GENERAL CONDITIONS GC - 17 • Emergencies: 6.27 In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization €rom ENGINEER or OWNER, is obligated to act to prevent threatened damage, injury or toss CONTRACTOR shall give ENGINEER prompt written notice that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Directive Change or Change Order will be issued to document the consequences of the changes or variations. Shap Drawings and Samples:. 6.26 After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, CONTRACTOR shall submit to ENGINEER for rek%iew in accordance with the accepted schedule of Shop Drawing submissions (see paragraph 2.9), or for other appropriate action if so indicated in the Supplementary Conditions, five (6) copies (unless otherwise specified in the General Requirements) of all Shop Drawings, which will bear a stamp or specific written indication that CONTRACTOR has satisfied CONT'RACTOR's responsibilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as ENGINEER may require. The data shown on the Shop Drawings will be complete with r ", Ct to quantities, dimensions, speed performance and design criteria, materials and similar data to enable ENGINEER to review the information as required. 6.29 CONTRACTOR shall also submit to ENGINEER for review with such promptness as to muse no delay in Work, all samples requirod by the Contract Documents. All samples will have been chocked by and accompanied by a specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the submission and will be identified clearly as to material, Supplier, pei 4inent data such as catalog numbers and the use for which intended. 6.30 Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.31 At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and in addition, shall cause a specific notation iu be maeie on each Snop urawing stinmittod to EM31NFER for review of each such variation. 6.32 ENGINEER will review with reasonable promptness Shop drawings and samples, but ENGINEER's review will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, methods, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review of a separate item as such will not indicate review of the assembly in which the item functions. CONTRACTOR shall snake corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings GENERAL CONDI'T'IONS � GC - 18 +! and submit as required new samples for review. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on t previous submittals. 6.33 ENGINEER's review of Shop Drawings or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.31 and ENGINEER has given written review each such variation by a specific written notation thereof incorporated in or accompanying the Shop thawing or sample review nor will any review by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or from responsibility for having complied with the provisions of paragraph 6,30. 6,34 Where a Shap Drawing or sample is required by the Specifications, any related Work performed prior to ENGINEER's review of the pertinent submission vrill be the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.35 CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending rosokrtion of any disputes or disagreements, except as permitted by paragraph 15.5 or as CONTRACTOR and OWNER may otherwise agree in writing. Indemnification: 6.36 The CONTRACTOR shall hold harmless, indemnify and defend the OWNER, the OWNER's Representative, the ENGINEER, and their consultants, and each of their officers, employees and agents harmless from all costs, losses, expanses, damages, attorneys' fees, and other costs, including all costs of defense, which any of them may incur v,40) respect to tate failure, neglect, or refusal of CONTRACTOR to faithfully perform the work and all of the CONTRACTOR's obligations under the contract. Such costs, expenses, and damages shall include all cost incurred by the OWNER, the OWNER's Representative, the ENGINEER, and their consultants to defend against any claims, stop notices, or lawsuits based thereon in which any of them is made a party. 6.38 In any and all claims against OWNER or ENGINEER or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or any one for whose acts any of them may be liable, the indemnification obligation under paragraphs 6.36 and 6.37 shall not be limited in any way by any limitation on the aii-4i,ui t ut lyra, of Liu'nages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under worker's or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.38 The obligations of CONTRACTOR under paragraphs 6.36 and 6.37 shall not extend to the liability of ENGINEER, ENGINEER's consultants, agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications. Interpretation of Contract Documents: 6,40.1 It Is the duty of the CONTRACTOR to notify the ENGINEER, in writing, in the event of any GFINFRAL CONDITIONS SGC - 19 i doubt or question as to the true meaning of any provision in the Contract Documents. The ENGINEER's decision thereon shall be final. Annotated dimensions on drawings shall govern and work not dimensioned shall be as clarified by the ENGINEER. Work not particularly shown or specified shall be the same as similar parts that aro shown or specified. Materials of work described in words which have a well-known tochnical or trade meaning shall be deemed to refer to such recognized standard. 6.40.2 The CONTRACTOR shall verify all dimensions, quantities, locations, materials and details shown our ifie Plans, Supplementary Drawings, schedules or other data received from the Architect or Engineer, and shall notify him of all errors, omissions, conflicts and discrepancies found therein. Failure to discover or correct errors, conflicts or discrepancies shall riot relive the CONTRACTOR of full responsibility for unsatisfactory work, faulty construction, or improper operation resulting therefrom nor from rectifying such condition at his own expense. He will not be allowed to take advantage of any error or omissions, as full instructions will be furnished by the Architeel or Engineer, should any error or omissions be discovered. Ail schedules are given for the convenience of the Engineer and CONTRACTOR and are not guaranteed to be complete. RotatedWork at Site. 7.1 OWNER may perform other work related to the Project at the site by OWN'ER's own forces, have other work performed by utility owners or let other direct contracts therefor which shalt contain General Conditions similar to those. If the fact that such other work is to be performed was not notod in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work; and, if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or required additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. 7.2 CONTRACTOR shall afford each utility owner and other contractor who is a pasty to such a direct contract (or OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together property and integrate with such other work. CONTRACTOR shall not endanger any work of others by others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the udTet s whose work will be artectea. 1 tic auties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER. and such utility :owners and other contractors. 7.3 If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any suck other contractor or utility owner (or OWNER), CONTRACTOR shall inspect and promptly report to ENGINEER in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure to report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR's Work ew:opt for latent or nonapparent defects and deficiencies in the other work. GENERAL C0N17I'rI()P75 GC - 20 � Coordination: 74 If OWNER for the rfoof other the Project at the =e.the p"."=/ov'ua"iz""""=","..have "°""°. an d ros po n si bi ,y.~~°°",=°=. ~~�~� nYthe eoUvime- the various prime contractors will boidentified * the Supplementary | Conditions, and the specific matters mbecovered hysuch authoriity andresponsibility will , be Itemized, and the extent of such authority and responsibilities W11 be provided, in the Supplementary Conditions. Unless otherwise provided inthe Supplementary Conditions, neither OWNER nor ENGINEER shall have any authority or responsibility in respact of such coordinMon. 81 OWNER shall issue all nommunicuU000mCONTRACTOR through ENGINEER. 8.2 in case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection,whose status under the Contract Documents shall bethat u[the former ENGINEER. Any dispute in cuunmnUonwith such appointment shall bosubject toarbitration. 8.8 OWNER mhe8 Yum|mn the data required of OWNER under the Contract Documents promptly and shall make payments mCONTRACTOR promptly after they are due an provided in paragraphs 14,4 and 114.13. 8.4 OVVNER'sduties |n respectnfproviding lands and easements and providing engineering surveys to establishreference ph 4.2 refers huOVVNBR's identifying and making available tuCONTRACTOR copies of reports oYexpYunsfionm and tests of subsurface conditions at the site and in existing structures vvh\uh have been utilized by ENGINEER in pn,pmhnV the Drawings and Specifications. 8.5 OVVNER'mresponsibilities hrrespect nf purchasing and maintaining liability and property insurance are set forth |nparagraphs 5.5and bJ2. 8.6 OWNER ioobligated toexecute Change Orders anindicated |nparagraph 1[i4. 8.7 OWNER's responsibility in respect of certain inspections, tests and approvals is set forth mparagraph 13.4 88 In connect -on with OWNER's right to stop Work or suspend Work, see paragraphs 1310, a»d 1,5-1. Fa/agmyh 152 dum|u w4h ()VVNER'm 68hn to tmnninmnn on/viva» o, CONTRACTOR under certain circumstances. OVVNER'*Reprmaonta8ve: 9,1 ENGINEER wNbyOVVNER'm representativeduring the construction period. The duties apd responsibilities and the |inhobons of authority of ENGINEERas OVVNER'm . representative during construction are set forth mthe ConlrauDocuments and shall not be extended without written consent of OWNER and ENGINEER. cmsEnxL cnwozrzowo GC - 21 40 Vlaft to Site: 9.2 ENQ|NEERwN make visits to the site at intervals appropriate to the various stages of constnif,ton to observe the progress and quality of the executed W" and to determine, in genaral, if the Work is procGadlng in accordance %vith the Contract Documents. ENGINEER will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Cantract Documents. On the basis of such visits and on-site observations as an experionced and qualified design i ENGINEER vWU keep OWNER informed of the progress of the Work and will ondeavor to guard OWNrM against defects and deficiencies inthe Work. Project Representation, 3.3 If OWNER and ENGINEER mgmo EWUNEER will fum|sA o Resident Project Representative to mnaiwt ENGINEER in observing the parfnnnonoo oYdbm Work. The dudoo, rmoponuib||iUoo and limitations of authority of any such Resident Project Representative and assistants are set forth in Section 00801. Exhibit B, hUad ^Dudma' Responsibilities and Limitations of the Authority of Resident Project Representative". If OWNER designated another agent to represent OWNER at the site who is not ENGINEER's agent or employee, the duties, responsibilities and limitations of authority of Such other person will bunoprovided inthe Supplementary Conditions. Clarifications and Interpretations: 9.4 ENGINEER vv||[ issue with moonnob|e promptness euuh written o|md8omWnnm or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may dm(nnn|ne nouoonory, which nhoU be consistent with or reasonably inferable from the nvony|>intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretations justifies an increase in the Contract Price or an extension of the ContnontT|mo and the parties are unable to agree tuthe amount orextent thereof, CONTRACTOR may make eclaim therefor ae provided in Article 11 or Article 12, Authorized Variations inWork: 8.5 ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. Thome may be accomplished by Field Order and will be binding on OVVNER, and also on CONTRACTOR :h::;ho||1,hIaVVurkIII .o1.eJpmmpdy. F[ONTRAGTURoehevem that a Field Order jusfifies an increase in the Contract Price or an extension of the Contract Time and the parties are vneb/e to agree as to ,no amount or extant thereof, CONTRACTOR may make aclaim therefor muprovided |nArticle 11or12. Rejecting Defective Work: 9.6 ENGINEER will have authority to disapprove orreject Work which ENGINEER believes to be defeclive, and will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9. whether or not the Work is fabricated, installed or completed. Gamomm coxozr/nws ^, GC - co 6W Shop Drawings, Change Orders and Payments: l 9.7 In connection with ENGINEER's responsibility for Shop Drawings and samples, see paragraph .6.28 through 6.35 inclusive. 9.8 In connection with ENGINEER's responsibitifies as to Change Orders, see articles 10,11 and 12. 9.9 In connection with ENGINEER's responsibilities in respect of Applications for Payment, etc, see article 14. Vaterminations for Unit Prices: 9.10 ENGINEER will determine the actual quantities and classifications of Unit Price Work parfor ced by CONTRACTOR, ENGINEER will review +Miff CONTRACTOR ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless, Within ten (10) days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other party to the Agreement and to ENGINEER written notice of intention to appeal from such a decision. Decisions on Disputes: 9.11 ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of tine Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute and other matters will be delivered by a claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty (30) days) after the occurrence of the event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty (60) days after such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim. 9.12 When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The tendering Cf Q +''GdMiL 1 by r_.NGI1VEER pus sualii U3 paragraphs i),"i0 and 9.i1 wan respect to any surh claire, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. Limitations on ENGINEER's Responsibilities: 9.13 Neither ENGINEER's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by ENGINEER i� i good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to GENERAL coNDI,rioNs GC - 23 i CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. 9.14 Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as appioved' or terms of like effect or import are used or the adjectives "reasonable", "suitable', "acceptable", "proper" or "satisfactory" or adjectives of like effect or Import arra used to describe a requirement, direction, review orjudgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. 9.15 ENGINEER will not be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.15 ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 10.1 Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, given written order of additions, deletions or revisions in the Work as it may find necessary or desirable. These will be authorized by a Written Amendment, a Change Order, or a Worlc Directive Change. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided), 10.2 ff OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Work Directive Change„ a claim may be made therefor as provided in Article 11 or Article 12, 10.3 CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to anv Work performcad that iq flat rani+ir—i h.� 4,h- t.:ontract Documents as amended, modified and supplemented as provided in paragraphs 3.4 and 3.5, except in the caso of an emergency as provided in paragraph 6.27 and except in the case of uncovering Work as provided in paragraph 13.9. 10.4 OWNER and CONTRACTOR shall execute appropriate Change Orders (or Written Amendments) covering: 10.4.1 changes in the Work which are ordered by OWNER pursuant to paragraph 10.1, are required because of acceptance of defective Work under paragraph 113.13 or correcting defective Work under paragraph 13.14, or are agreed to by the parties; 10.4.2 changes in the Contract Price or Contract Time which are agreed to by the parties; and GENEW. CONDITIONS GC - 24 10.4.3 oranges in the Contract Price or Contract Time which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Circler, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.35. '10.5 If notice; of any change affecting the general scope of the Wort; or the ,provisions of the Contract Documents (including, but not limited to, +Contract. Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICL 11 CUANGE OF CONTRACT PRICE 11.1 The contract price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at his expense without change in the Contract Price. 11.2 The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claire for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party arid to ENGINEER promptly (but in ria event later than thirty (30) drys) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty (60) days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Brice shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.3.1 Where the Work involved is covered by unit prices cnntninwrf in thn rwnntenco Documents, by application of unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9 through 11.11, inclusive). 11.3.2 By mutual acceptance of a lump sum or other unit price(which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2.1). 11.3.3 On the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5). GENERAL CONDITIONS GC - 25 40 Cost of the Work: 11.4 The term Cost of the Worts means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shalt not include any of the costs itemized in paragraph 11.5: 11.4.1 For all labor and foremen (CONTRACTORS and subcontractors) in direct charge of the authorize operations, the CONTRACTOR shall receive the current local rate of wages, to be agreed upon in writing before starting such work, for each hour that said labor and foremen are actually engaged thereon, to which shall be added an arraount equal to 15 percent (15%) of the surra thereof which shall be considered and accepted as full compensation for general supervision and the furnishing of small tools and miscellaneous equipment used, such as fucks, shovels, hand pumps, and similar items, 11.4.7 For all materials used (by CONTRACTOR or subcontractor), the CONTRACTOR shall receive the actual cost of such materials delivered at the site or previously approved delivery point as established by original receipted bilis. No percentage shall be added to this cost. 11.4,3 For special equipment and machinery (used by CONTRACTOR or subcontractor) such as power driven pumps, concrete mixers, trucks, and tractors, or other equipment required for the economical performance of the authorized work, the CONTRACTOR shall receive payment based on the agreed rental price for each item of equipment and the actual time of its use on the work. No percentage shall be added to this cost. 11 AA The CONTRACTOR'S profit shall be computed by taking ten (10%) percent of the sum of items 11 A1 (less the 15% added), 11.4.2, and 11 A4 3 above. 11.4,5 The total cost of ,performing this extra work shall then be the sum of items 11 A.1, 11.4.2, 11.4.3, and 11.4.4. 11.4.6 Records of extra work done, if any, shall be reviewed at the end of each day by the CONTRACTOR or his representative and at the discretion of the Engineer, duplicate copies of accepted records made and signed by both CONTRACTOR or his representative and the Engineer, and one copy retained by each.. 11.5 The term cost of the Work shall not include any of the following: 11.5.1 Payroll costs and other compensation of CONTRACTOR's officers, oxec�atives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerics and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11 .4.1 all of which are to be considered administrative costs covered by the CONTRACTOR's Fee. GENERAL CONDITIONS GC - 26 40 11.5.2 Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3 Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employod for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4 Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same. 11.5.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable, including but not limited to, the correction of defective Work. Disposal of materials or equipment wrongly supplied and making good any damage to properly. 11.5.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. CONTRACTOR'S Feer 11.6 The CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11 .6.11 a mutually acceptable fixed fee; or if none can be agreed upon, 11,6.2 a fee based on the following percentage of the various portions of the Cost of the Worlc 11.6.2.1 The amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRACTOR's Fee by an amount equal to ten percent (10%) of the net decrease. 11.6.2.2 When both additions and credits are involved in any one charge, the adjustment in CONTRACTOR's Fee shall be computed on the basis of the net change. 11.7 Whenever the cast of any Work is to be determined pursuant to paragraph 11.4 or 11.5, CONTRACTOR will submit in form arrc_,n_ tahle to E--Nr4tNEEra an iter^idac' ccst broak wv:n together with supporting data. Cash Allowances: 11.8 Q is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to ENGINEER. CONTRACTOR agrees that: 11.8.1 The allowances include the cost to CON'T'RACTOR (lass any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and GENERAL CONDITioNs Gc - 21 40 11.8.2 CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit And other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof of any thereof will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. Unit Price Work: 11.9 Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be teemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately 'identified item of Unit Price Work times the estimated quantity of each items. as indicated in the Agri}ement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Elids and determining an initiat Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10 11.10 Each unit price wall be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.11 Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other items of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim for an increase in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the amount of any such increase. 12.1 The Contract Time may only be changed by a change order or a written amendment. any claim for an extension or shortening of the contract time shall be based on written notice delivered by the party making claim to the other party and to ENGINEER promptly (but in no event later than thirty (30) days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty (60.) days after such occurrence furxtras� ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statament that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Time will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2 The Contract lime will be extended in an amount equal to time lost due to delays beyond the control of CONTRACTOR if a claim is made therefor as provided in paragraph 12.1. Such delays shall include, but not be limited to, acts or neglect by OWNER or others GENERAL CONDITIONS � GC - 28 41111111 performing additional work as contemplated by Article 7, or to fires, floods, labor disputes, epldemics, abnormal weather conditions or acts of God. Delays described in this paragraph shall not entitle the CONTRACTOR to any additional compensation. The sole remedy of the CONTRACTOR shall be an extension of time obtained in accordance with Article 12. 12,3 All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article '12 shall not exclude recovery for damages (including but not limited to fees and charges of engineers, architects, attomeys and other professionals and court and arbitration costs) for delay by either pasty. W19 "MI Keli. Warranty and Guarantee - 13.1 CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRACTOR. All deflective Work, whether or not in place, may be rejected, corrected or accepted as provided in this Article 13. Tests and inspections: 13.3 CONTRACTOR shall dive ENGINEER timely notice of readiness of the Work for all required inspections or tests. 13.1 The OWNER will retain and pay for an independent materials testing laboratory to accomplish certain tests. Time only testy to be provided by the OWNER shall be the inim tests for density and thickness of backfill, stabilized subgrade, base course and asphaltic concrete surfaces; Dearing value of stabilized subgrade; and Portland cement concrete cylinder tests. Subsequent tests required after the initial tests to verify compliance with the Contract Documents in areas falling the first test shall be paid for by the CONTRACTOR by back charge to subsequent applications for payment. Ail other tests required in the Contract Document shall be provided by the CONTRACTOR- The CONTRACTOR shall assume full responsibility therefor, pay all costs in connection therewith and furnish ENGINEER the required certificates of inspection, testing or approval, CONTRACTOR shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWNER's or ENGINEER's acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to CONTRACTOR', Mirrhn-ge ther€+nf fnr incorporation in the Work. 13.5 All Inspections, tests or approvals other than those required by laws or Regulations of any public, body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR for by ENGINEER if so specified). 13.6 If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. GENERAL CONDITIONS SGC - 29 13.7 Neither observations by ENGINEER nor inspections, tests or approvals by others shall relieve CONTRACTOR form CONTRACTOR's obligations to perform the Work in accordance with the Contract Documents. Uncovoring Worst; V3.8 If any Work Is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9 If ENGINEER considers It necessary or advisable that covered Work be observed by ENGINEER or Inspected or tested by others, CONTRACTOR shall uncover, expose or othorwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found b` at such Work is defective, CONTRACTOR shall gear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, (including but not limited to fees and charges of engineers, architects, attorneys and other professionals), and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may snake a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction; and, if tho parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. OWNER May Stop the Waric 13.10 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perforin the Work in such a way that the completed Work will conforin to the Contrart Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. Correction or Remova I of Defective Woric: 13.11 If required by ENGINEER, CONTRACTOR shall promptly either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with nondefective Work which is caf cfar#nr%t fn tk� monmnam CONTRACTOR 3oli iFar all direct, indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. Gime Year Correction Period; 13.12 If within one (1 ) year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by an specific provisions of the Contract Documents, any work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OW'NER's written instructions, either correct such GENERAL CONDI'T'IONS CC 30 " !r ! doWtive Work, or, If it has been rajertedi by OWNER, remove it from the site and replace it with nondefective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or !tie rejected Work removed and replaced, and all direct, indirect and nonsequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by CONTRACTOR. In special ciraimstances where a particular item of equipment is placed in continuous service before, Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. In addition, warranties of merchantability end fitness of purpose guaranteed by the Uniform Commercial Code and made a part hereof, all work or materials furnished by the CONTRACTOR under this Contract shall be guaranteed by .him against mechanical and physical defects, breakage, and other damages and failure, under normal operation, for a period of one (1) year from the date of final acceptance. All work or materials found to be defective from routine, nonnal operation within the specified guarantee period shall be replaced by the CONTRACTOR at his expense. The period of guarantee of each such replacement shall be one year from and after the date of installation thereof. Acceptance of Defective Worts: 13.13 If, Instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER. may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attorneys and other professionals). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14 If CONTRACTOR fails within a reasonable time after written not, _a of ENGINEER to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11 or it CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven (7) (Jays written notice to CONTRACTOR, correct and remedy any ouch deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiousty. To the extent necessary' to complete corrective and remedial action„ OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and oquipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR GENERAL CONDITIONS GC - 31 4D shall allow OWNER, access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in are amount approved as to reasonableness by ENGINEER, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such direct, indirect and consequential costs will include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, all count and arbitration costs and all costs of repair and replacement of work of others destroyed or darnaged by correction, removal or replacement of CONTRACTOR's dofecfive Work, CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the e.tercise by OWNER of OWNER's rights and remedies hereunder. Schedule of Values: 14.1 The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progros5 payments on account of Unii Price Work MI be based on the number of units completed. Application for Progress payment: 14.2 At least twenty (20) days before each progress payment is scheduled (but not more often than once a month), CONTRACTOR small submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work 17.omploted as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents, It payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting the OWNER has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances (which are hereinafter in these General Conditions referred to as "Liens") and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Warranty at Title: '14.3 CONTRACTOR warrants and guarantees that title to all Work materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment, free and clear of all Liens. Review of Applications for Progress payment:. 14.41 ENGINEER will, within tan (10) days after receipt of each application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for GENERAL CONDITIONS GG e 32 4- refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary correclions and resubmit the Application. Ten (10) days after presentation of the Application for Payment with ENGINEER's recommendation, the amount recommended will (subiect to the provisions of the last sentence of paragr ph 14.7) become due and when clue will be paid by OWNER to CONTRACTOR. 14.5 ENGINEER's recornmend7tion of any payment requested in an Application for Payment Will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on-site observations of the Worts in progress as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedoles that the Work has progressed to the point indicated; that, to the best of ENGINEER's knowtedge, information and baliei, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation); and that CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or that there may not be other matters or issues between the parties that might entitfe CONTRACTOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR, 14.6 ENGINEER's recommendation of final payment will constitute an additional representation by ENGINEER to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7 ENGINEER may refuse to recommend the whote or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make such representations to OWNER. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or test nullify any such payment previously recommended, to such extent as may be necessary in ENGINIrER's opinion to protect OWNER from loss because: 14.7.1 the Work is defacfive, or completed Work has been damaged requiring correction or replacement, 14.72 the Contract Price has been reduced by Written Amendment of Change Order, 14.7.3 OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4 of ENGINEER's actual knowledge of the occurrence of any of the events ,........cmtod ;^ paragraphs 15.2. i thwuyii 5.2.9 inuivaive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because claims have been made against OWNER on account of CO^! _'AG 0R's performance or fumishing of the Wcd# or liens have been filed in connection Willi the Work or there are other items entitling OWNER to a set-off against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action. Substantial Completion: 14.8 When CONTRACTOR considers the entire Work ready for Its intended use, GENEML CONDITIONS GL 33 CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shah make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of 'Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or Corrected before final payment. OWNER shall have seven (7) days after rerelpt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen (14) days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen (14) days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion, ENGINEER will deliver to OWNER and COftTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, haat, utilities insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise In writing and so inform ENGINEER prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendations will be binding on OWNER and CONTRACTOR until final payment. 14.9 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization. 14.10 Use by OWNER of any finished part of the Work; which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Werk that can be used by OWNER without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Worts subject to the following: 14.10.1 OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be read; for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and ENGINEER that said part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time rnay notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and GENERAL CONDITIONS � Gc - 34 W C_1 f ENGINEER shall mako an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the I Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in 10ting giving the reasons therefor. If ENGINEER considers that part of the Wort: to be substantially complete, the provisions of paragraphs 14.8 and 14.3 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. r 14.10.2 OWNER may at any time request CONTRACTOR in writing to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to ENGINEER and within a reasonable time thereafter OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion and will proparc o list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to OWNER and ENGINEER that such part of the Work is not ready for separate operation by OWNER, ENGINEER will finalize the list of items to be completed or correeta d and will deliver such list to OWNER, and CONTRACTOR together, with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and gumantees for the parr ur' the Work, which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed ENGINEER). During such operation anti prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. 14.10.3 No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.21 in respect of property insurance. Final Inspection; 14.11 Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such rY els Tree F!e are ^.::C..^. :awry :C iw,r,un1,+y n .ch dcfflcticn . 3a Final Application for Payment: 14.12 After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked -up record documents (as provided in paragraphs 6.22- 6.24) and other documents -all as required by the Contract Documents, and after ENGINEER has indicated that the Work is acceptable (subject to the provisions of paragraph 14.16), CONTRACTOR may make application for final payment following the procadure for progress payments. The final Application for Payment shall be accompanied by all documentation called for in the Contract Documents, together with complete and GENERAL CONDITIONS uC 35 legaliy effectivo releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. to lieu thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in frill; an affidavit of CONTRACTOR that the releases and receipts include all labor, services, material and +egOi pment for wt?ich a Lion could be filed, and that all payrolls, material and equipment bilis, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible, have been paid or otherwlse satisfied; and consent of the .surety, if any, to final payment. if any Subcontractor or Supplier fails to furnish a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. Final Payment and Acceptance: 14.13 If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's re%der: of the final Application for Payment and accompanying documentation -all as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten (10) days after receipt of the final Application for Payment, indicate in writing ENGINEER's rocornmendation of payment and present the Application to OWNER for payment. Thereupon ENGINEER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.16. Otherwise, ENGINEER will return the Apptication to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shalt rnake the necessary corrections and resubmit the Application. Thirty (30) days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance, and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to I,. CONTRACTOR. 14.14 if, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5. 1. the written consent of the surety to the payment of the balance due for that portion of the Work fully competed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Contractor's Continuing Obligation: 14.15 CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of arty progress or final payment by ENGINEER, nor the issuance of a certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under tl:n Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNE=R nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13, nor any correction of rdefecfrve Work by OWNER will constitute an acceptance of Work not in accordance with the Contract Documents or a release of GENERAL CONDITIONS GC - 36 40 CONTRACTOR's obligation to perforin the Work in accordance with the Contract Documents (except as provided in paragraph 11.16). walver of Claw s �Q",� ��4 4'��'#uC\�+�a�id �CCF]�CBR� 43� �lC'lc1'� �1�'SCRE14lC@llll CACISCtCIi,Ce'. 14-16.1 a tvafvar of all cfafms by GMEK agaritsf GM TKAGr&V, excepcOIMMs 11�v1ti�i ubm mOVA vu'&. `twim IM'&Wob "414 )V, -Awkmm 6t% tllld it amcuart PrsRMI [a 9afflafflya T11.1 I ar (MM (0019 W HM911 WIN W4 E011111 0011U rOM9 or M8 fi::FMI of any 0091 J=01101d5 ii TGR MM 11 RM "M WON � 91411K M �ri 14r -f;, 0; 115 r"a 1 1�+�f3t�f til l:r�la� r�xtt� ior�? c`aiir%+iriiirt� onriii��irrrir,r� nirci�i,` iii© narrunoi -t2r iii' v _$i LAS i�Yi�Sf '${r IYiYr iC_T_f3 ifdiiii:Y_i76f_Fif� f{$UK rJ 56fffFK nolt4s F1 Im 10%O o s�`€�cnr€�s�stss§sc�r€srs's3�sss3cs�rrr�rr�iarrrsrra OWNER May Suspend Work: 15.1 OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety (94) days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER May Terminate: 15.2 Upon the occurrence of any one or more of the following events: 15.2.1 if CONTRACTOR commences a voluntary case under any chapter of the 3ankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or it CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 15.2.2 if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed n L'na 2n,; suclh Gqu, o:Gnt u, aililiipr relief agairI54 CONTRACTOR under any oftr federal or state law in effect at the time relating to bankruptcy or insolvency; 15.2.3 if CONTRACTOR makes a general assignment for the benefit of creditors; 15.2.4 if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of C. iNTRACTOR is for the purpose of enforcing a lien against such property or for the purpose of general adrmi iistration of such property for tare benefit of CONTRACTOR's creditors; 15.2.5 if CONTRACTOR admits in writing an inability to pay its debts generally as they become due; 15.2.6 if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (Including, but not limited to, failYrre to supply sufficiently GENERAL CONDITIONS GC -- 37 4D CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.16). Waiver of Claims: 14.16 The making and acceptance of final payment will constitute: 14.16.1 a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to paragraph 14.11 or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; however, it will not constitute a waiver by OWNER of any rights in respect of CONTRACTOR's continuing obligations tinder the Contract Documents; and -14,16.2 a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 5 - AI[M OWNER May Suspend Work. 15.1 OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety (90) gays by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an increase in the Contract Pico or an extension of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER May Terminate. 15.2 Upon the occurrence of any one or more of the following events: 15.2,1 if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to titre bankruptcy or insolvency; 15.2.2 if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed see!Jng any -=-h G qui, alcnt : aiimllar rvlivi ragaiir5i CONTRACTOR wider any otherfederal or state law in effect at the time relating to bankruptcy or insolvency; 15.2.3 if CONTRACTOR makes a general assignment for the benefit of craditor% 15.2.4 if a tiustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lion against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors; 15.2.5 if CONTRACTOR admits in writing an inability to pay its debts generally as they become due; 15.2,6 if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficiently GENERAL CONDTT ONS GC » 37 f skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time); 15.2.7 if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 3G.2.6 if CONTRACTOR disregards the authority of ENGINEERi or 15.2.9 if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents. OWNER may, after giving CONTRACTOR (arid the surety, if there be one) seven (7) days written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR front the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid UON`l RAC°il'OR but whiclh are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of engineers, architects, allomeys and other professionals and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by ENGINEER and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph OWNG1 shall not be required to obtain the lowest price for the Work perfomned. 15.3 Where CONTRACTOR's services have been so terminated by OWNER, Lite termination will not affect any rights or remedies of OWNER against CONTRACTOR than existing or which may thereafter accrue. Any retention or payment of moneys duo CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4 Upon seven (7) days written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate the Agreement. In such case, CONTRACTOR shall be paid for all Work executed and any expense sustained plus reasonable tenmination expenses, which will include, but not be limited to, direct, indirect and consequential costs (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs). Contractor May Stop Worit or Terminate: i5.5 if, through no act or tautt or t.: N I RAU I UK, the 'Work is suspended for a period of more than ninety (90) days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty (30) days after it is submitted, or OWNER fails for thirty (30) days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven (7) days written notice to OWNER and ENGINEER, terminate the Agreement and recover from OWNER payment for all Woik executed and any expense sustained plus reasonable termination expenses, in addition and in lieu of terminating the Agreement, if ENGINEER has failed to act on an Application for Payment or OWNER has failed to make any payment as aforesaid, CONTRACTOR may upon seven (7) days written notice to OWNER and ENGINEER stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.35 to carry on the Work GENEP'lL CON© TIONS GC - 30 -J In accordance with the progress schedule and without delay during disputes and disagreements with OWNER, ►TICl-E 16 _ AP,BITRATJQN 16.1 Before bringing any action in any court of competent jurisdiction pertaining to any claim, dispute or other matter in question arising out of or relating to the Contract Documents or the breach thereof, in an amount less than $25,000, except for claims which have been waived by the making and acceptance of final ,payment as provided by Article 14, the claimant/objector (Party A) shall first offer to arbitrate the question(s) with the other party to the contract (Party B) by notifying him in writing and setting forth in such notice the question(s) to be arbitrated. 16.2 Parry B can select to arbitrate or not. It Party B agrees to arbitrate he shall so advise Party A in writing within ten (10) days after receipt of Party A's notice. Notice by Party B that he does not wish to arbitrate or failure of Party B to notify Warty A within the ten (10) day period will give Party A the right to institute a court action. 1€.3 If Party B agrees to arbitrate, the arbitration shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association except as modified herein. In such event, the agreement to arbitrate shad be specifically enforceable under the provisions of the Florida Arbitration Code, 5682, Fla. Stat., as it may be from time to time amended. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in any court having jurisdiction thereof. 16.4 If Party S agrees to arbitrate, then Party A shall file its notice of demand for arbitration in writing with Party B and with the American Arbitration Association, and a copy shall be tiled with the ENGINEER. Notice of demand for arbitration shall be served on this parties referred to herein no later than thirty (30) days from the date Party B agrees to arbitrate the issues in question. Failure to serve the notice of demand for arbitration shall constitute a waiver and abandonment of the clalms for which arbitration is sought. Notice of demand for arbitration shall in no event be made on any claim, dispute or other matter in questions which would be barred by the applicable statue of limitations. 16.5 If the dollar amount of the claim exceeds $25,000, arbitration may only be utilized if both Party A and Party B agree to arbitrate. 16.6 The CONTRACTOR shall carry on the Work and maintain the progress schedule during any arbitration proceedings, unless otherwise mutually agreed in writing. i6 - i he Honrra Rules of Civil Procedure pertaining to discovery shall apply to both parties during arbitration, and, at the CVNNER's sole option, any and all arbitration arising out of or relating to any of the Contract Documents or any breach thereof shall include by consolidation, joinder, or joint filing any additional person or entity not a party to this Agreement to the �ietent necessary for the final resolution of the matter in controversy. 16.8 At least one of the members of the arbitration panel must be all attorney licensed to practice law in the State of Florida. 16.9 The surety skull be bound by the arbitration award to the same extent as the CONTRACTOR is bound. GENEMi, CORDITIONS GC - 39 40 16.10 The arbitration panel shall submit a written opinion with findings of fact and conclusions of law stating the basis for the decision made, and including an award of arbitration that may be confirmed by a court of competent jurisdiction. 16.11 Unless OWNER agrees to the contrary, the location of any and all arbitration proceedings shall be in the county in which the Project is located. MIIIRVT�i Giving Notice: 17.1 Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a rrieinber of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Computation of Time: 17.2 When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period, if the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.3 A calendar day of twenty -Four (24) hours measured from midnight to the next midnight shall constitute a day. General: 17.4 Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.4 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 17,5 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6,36,8.37,13.1,13.12,13.14,14.3 and 16.2 and all of the rights and remedles available to OVVIVkzh: and t=NUINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duly, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents will survive final payment and termination or completion of the Agroement. GENERAL k_uNDITIONS Gc-4Q f SUPPLEMENTARY CONDITIONS TO GENERAL CONDITIONS A. Introduction These Supplementary Conditions amend or supplement the General Conditions (GC) of the Construction Contract and other provisions of the Contract Documents as indicated r, beiow. All provisions which are not so amended or supplemented remain in full force and effect. D• ?�9�Y No forfeiture clue to delay shall be made because of any delays in the completion of tha vvork due to unforeseeable causes beyond the control and without tate fault or nagligonce of the CONTRACTOR {including but not restricted to Acts of God or of the public enemy, acts of the govemment, acts of the OWNER, or acts of another CONTRACTOR in the performance of a contract with the OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather or delays of subcontractors due to such causes or delays caused by the failure of the OWNER or the owner of a utility to provide for removal or relocation of existing utility facilities}. Any such delays shall not entitle the CONTRACTOR to any additional compensation. The sole remedy of the CONTRACTOR shall be an extension of time obtained in accordance with this section. 2. The CONTRACTOR shall, within five days from the beginning of any such delay, notify the OWNER in writing of the cause of delay, whereupon the OWNER shall ascertain the facts and extent of the delay and extend the time for cornplefing the work if, in his judgment, the findings of fact justify such an extension, and his findings of facts thereon shall be final and conclusive. C. Arrmrs 1. As set forth in paragraph 6.15 of the GC, the OWNER has obtain the following permits: a. IRC - Land Clearing, Tree Removal, and Wetland Resource Permits b. SJRWMD - 5tormwater Permit c. ACOS - Wetland Filling Permit _. T ha CONTRAG T OR shad obtain and pay for all other required permits and licenses. The CONTRACTOR shall provide copies of these permits to tete OWNER and Engineer and shall comply with all conditions contained in the permits at no extra cost to the OWNER. 3. The CONTRACTOR shall be familiar with all permit requirements during r,onstruction and shall be responsible for complying with these requirements. The cost of this effort shall be included in the pay item which the work is most closely associated with. 4. If dewatering is required, the CONTRACTOR shall coordinate with the St, Johns River Water Management District regarding the applicable rules and regulations, SUPPLEMENTAfty CU,OITIONS sc - 1 • If a dewatering permit is required, the contractor shall prepare an application to the District and pay any fee. D. EAMS.ty wit Laws The CONTRACTOR is assumed to be familiar with and shall comply with all Federal, State and Local laws, ordinances, rules, codes, and regulations that may affect the wortc. Ignorance on the part of the CONTRACTOR will in no way relieve him from the responsibility of compliance therewith. All work and materials shall comply with those laws. E. OvertLrrLe--W9-7S 1. Work shall be performed during regular working hours. Regular working hours are defined as Monday through Friday, excluding County Holidays, from 7 AM to 5 PM. 2, County Holidays are; thew Year's Day, Good Friday, Memorial Day, Indopen dence Day, Labor Day, Veterans Day, Thanksgiving flay, Friday after 'thanksgiving, Christmas Eve and Christmas 'tray. Working on these days will riot be pennitted without prior written permission and approval from the ENGINEER. 3, The CONTRACTOR shall receive no additional compensation for overtime work, i.e., work in excess of eight hours in any one calendar day or 40 hours in any one calendar week, even though such overtime work may be required under emergency conditions and may be ordered by the ENGINEER in writing. 4. All costs of inspection and testing performed during overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to the County to deduct the costs of all such inspection and testing from any partial payments otherwise due the CONTRACTOR. 5. No work shalt commence before 7 AM or continue after 7 PM except in case of emergency upon specific permission of the ENGINEER. F. Changes, Extra. And Orn ted Work It is mutually agreed that no change involving change in cost, either to the OWNER or CONTRACTOR, shall be made except upon written permission of the OWNER. Extra work shall be paid for as set forth in this Paragraph. Omitted work shall be credited against the money due the CONTRACTOR by one of the methods described in this Article. The CONTRACTOR shall make no claim for extra work uriiess ii has been approved by the OWNER in writing and in advance of the work, except that the CONTRACTOR may proceed to meet an emergency condition if the OWNER'S representative is not available. Work required by surface or subsurface conditions, or both, that were foreseen by Bidder at the time of bidding or could have been discovered by test borings or other testing methods, shalt not be considered extra war 2. The ENGINEER shall, in all cases of dispute, determine the amount or quantity of the several kinds of work which are to be paid for under this Contract, and shall decide all questions relative to the execution of the same, and such estimates and decisions shall be final and binding. SUPPLEMENTARY CONCITIONS A� SC - i n Eel IL 3. Any work not herein specified, which may be fairly implied as included in the Contract, of which the ENGINEER shall adjudge, shall be done by the CONTRACTOR without e. tra charge. 4. The Contract ,price may only be changed by a Change Order as authorized by the Board of County Commissioners. This includes extra :cork. Authorization of extension of time shall not constitute a waiver of liquidated damages. 1 spe.Aion and Acceptance of #.he Wor. The CONTRACTOR shalt assist the COUNTY in perfonriing all tests required to dat€rrmine the acceptability of the work. The CONTRAUTOR shall provide all samples and facilities and work necessary for the testings and inspection. "Select Fill" will be tested for compliance by an independent testing laboratory retained by the COUNTY. The CONTRACTOR must notify the COUNTY when Soil Replacement is taking place, limits of excavation must be approved by the COUNTY prior to backfilling with "Select Fill". Upon notification by the CONTRACTOR, the ENGINEER will ;perform final tests and inspections. Should this reveal defective work those defects must be immediately corrected, after which additional tests and inspection shall be conducted by the ENGINEER to determine acceptability of the work. Upon acceptance of corrected defective work, this shall constitute final acceptance of the work. en This project is a "Public Work' under Chapter 255, Florida Statutes, No merchant's liens may be filed against the OWNER. Any claimant may apply to the OWNER for a copy of this Contract. The claimant shall have a right of action against the CONTRACTOR for the amount cine him. Such action shall not involve the OWNER in any expense. Claims against the CONTRACTOR are subject to timely prior notice to the CONTRACTOR as specified in Florida Statvtes Section 255.05. The CONTRACTOR shall insert the following paragraph in all subcontracts hereunder "Notice: Claims for layer, m g�a�s ��}d suontias are r sa dipn Riverup -§ubject 1Q grgoor privr once to (QUAIRACTOBI me) and 1- iCQNIBACTQB Surety Company jy mn). pur54t nit to QhaPlgr 255 of the ElQrj a Statutes, This paragraph shall be insert2d i t gy&ry__sUt�: gb4on�# heryrnder" The payment due under the Contract shall be paid by the OWNER to the CONTRACTOR only after the CONTRAC'T'OR has furnished the OWNER with an affidavit stating that all persons, firms or corporations who are defined in Section 713.01, Florida Statutes, who have furnished labor or materials, employed directly or in�lircr9i�a rn tl:y .'.vra' i have 4 tlV- lltiru Ni iuil. The CONTRACTOR shall erect and maintain barricades and sufficient safeguards around all excavation, embankments or obstructions, he shall place sufficient amber lights at or near the work, keep the same burning from sunset to sunrise, employ watchmen and strictly obey all laws and ordinances controlling or limiting those engaged on similar work. All maintenance of traffic work shall comply with Section 102 and Special Provision Item '102-1 of the Florida Lh O d and Bfidue ConstruQtiQn_(190). SUPPLEMENTARY CONOJTIGNS SC — 3 do 2. Where there are telephone, telegraph, light, or power poles, water main, conduits, pipe, or drains; or other construction either public or private; in or on the streets or allays; the worst shall be so conducted that no interruption or delay will be caused In t`la opeiaiioti or use of the same. Proper written notice shall be givers and all the facilities afforded the owners of such construction encountered or likely to be encni,ntered, as will enable thorn to pro -serve use some from injury. 3. The CONTRACTOR will not be permitted to interfere with public travel and convenience by grading or tearing up streets indiscriminately, but the work of conducting the various items of this Contract shall proceed in an orderly, systematic and progressive manner. llc= ll<l is '_ i=1 1. Worm; under this contract will be paid on a lump sum or unit price basis as outlined on the Bid Form for the quantity of work installed. 2. Any pay items for which a specific item is not included shall be included in the price of the pay item to which it pertains or is associated. 3. Any items not shown or omitted that are required for a complete installation shall be fumished and installed by the CONTRACTOR at no additional cost to the OWNER. 4, The prices shall include all labor, materials, tools, equipment required to complete the work. 5. No additional payment will be made for wall pointing or other methods of dewatering excavations. 5. Payment for repair and replacement of existing utilities will be included in the unit price or lump sum bid amount for the related new construction bid item. Engineering and layout work shalt comply with Section 5-7 of the Florida D.O.T. Standard Specificat+ons for Road and Bridge Constriction (1986), 2. The CONTRACTOR will fumish all construction staking for the project. All staking from control will be under the supervision of a flnririn Regni•s-t,ered ewiaV Surveyor- 3. urYGyV_.3. The cost of performing enginoering and layout work described alcove shall be included in the contract unit ,prices for the various items of work to which it is incidental. No separate payment will be made for surveying or engineering. SUPPLEMENTARY CON1DITTONS Se - 4 f— .'. _�. . R TABLE OF CONTENTS OF TECHNICAL SPECIFICATIONS SEQTION NO _ T= P AGE 4 SCOPE OF WORD 1 101 MOBILIZATION 1 103 AS-BUILTS PLAINS 2 104 PREVENTION, CONTROL. ROL. AND ABATEMENT OF EROSION AND WATER POLLUTION 2 120 EXCAVATION AND EMBANKMENT 2 180 STABILIZING 3 182 TOPSOIL 3 340 OPEN -GRADED EMULSIFIED MIX POROUS PAVING 4 425 INLETS, MANHOLES AND JUNCTION BOXES 7 430 PIPE CULVERTS AND STORM SEWERS 7 542 CONCRETE BUMPER GUARDS 8 545 RETAINED EARTH WALL 8 570 GRASSING (BY SEEDING) 9 573 HYDRO -SEEDING 10 575 SODDING 10 830 CONDUIT 11 700 HIGHWAY SIGNING 11 711 THERMOPLASTIC TRAFFIC STRIPES AND MARKINGS 11 4D SHOOTING RANGE -- SITE'WORK TECHNICAL SPECIFICATIONS SECTION 4 - SCOPE OF THE WORK The plans, Shooting Range - Earthwork, consist of all work necessary to construct berms, roadway, parking areas, and drainage improvements to develop an approximately 30 acre area into a shooting range. The construction consists of furnishing all labor, materials, equipment, transporiation and services necessary to complete the project. The work includes, but is not limited to; excavation, embankment, stabilization, porous paving, laying pipe, constructing inlets, sodding, signing and marking. The location of the work is on a 318 acre parcel within the St. Sebastian river State Buffer Preserve. The site oomprises portions of Sections 25 and 26 of the Fleming Grant in Indian River County, Florida. Access to the site is at the northern terminus of 102nd Ten -ace, north of CR 512. The Contractor shall control erosion at all times during the construction. Erosion control measures shall comply with the current edition of the FDOT_Roadw-ay and Traffic Design_S#arldards. All of the worts involved in this project shall conform to the applicable portions of the Florida Department of TmWDdetiflri,s (EDM -Standard Specifications for Road and Bddge_Construf tion (F.D.O.T.S.S.) and EDD -T§ Roadway anti Traffic Design Standards__{F.D,G.T.D.SJ, current editions. All of the work involved in this project shall conform with the construction plans and specifications, shall be completed in a workmanlike manner and shall have all debris removed within the time specified in the contract. County crews are clearing the area of work and buming all debris on site. They may still be working during the bidding, award and initiation of this contract. The contractor shall be required to schedule the work as necessary to accommodate the presence of the County crews, SECTION 101 - MOBILIZATION 101-1 Description The work specified in this section shall conform to Section 101 of the F.D.D.T.S.S- 101-2 Basis of Payment Work and incidental costs specified as being covered under this Section will be paid for in partial payments, in accordance with Section 101-2.2 F-D,O.T.S.S., fcr the item of Mobilization. Payment shall be made under: Item No. 101 -1 Mobilization - Lump Sum TECHNICAL SPECIFICATIONS SECTION 103 - AS43UILT PLANS 143-1 Description The contractor shall maintain one (1) record copy of all contract documents as stipulated In paragraph 6.22 of the GENERAL CONDITIONS. The contractor shall have marked on the drawings, all deviations from the original drawings and specifications. The contractor shall verify the as -built elevations of all drainage structure pipe inverts, ditch block tops, roadway centerline, pavement edges, berm heights, stormwater management tracts profiles, and building pad elevations. The contractor shall mark these elevations upon the one (1) set of record drawings. The marked revisions and verifications shall be neat and legible. 103-2 Basis of Payment Work and incidental costs specified as being covered under this Section will be paid for at the contract unit price satisfactorily completed and accepted, in accordance with the provisions of the GENERAL CONDITIONS. Payment shall be made under Item 103 As-Builts - Lump Sum SECTION 104 - PREVENTION, CONTROL, AND ABATEMENT OF EROSION AND WATER POLLUTION 104-1 Description Prevention, control, and abatement of erosion and water pollution shall conform to the requirements of Section 104 of the F.D.O.T.S.S.. 104-11 Basis of Payment Work and incidental costs specified as being covered under this Section will be paid for based on the percentage of the contract amount completed. Payment shall be made under: Item No, 104 - Prevention, Control and Abatement of Erosion and Water Pollution - Lump Sum SECTION 120 - EXCAVATION AND EMBANKMENT 120-1 Description The work specified in this section shall conform '�u Section 120 of the F.D.O.T.S.S.. Excavation and embankment shall include labor, equipment, transportation and grading. All materiae is proposed to come from on site, from the cutting of swales and the excavation of the fish pond. TECHNICAL SPECIFICATIONS k. 4D 170-13 Basis of Payment Work and incidental casts specified as being covered under this Section will be paid for at the contract unit price for quantities satisfactorily completed and accepted. The pay quantity shall be the plan quantity provided that excavation and embankment is accomplished in substantial compliance with plan dimensions Excavation shall include stockpiling the excavated material and grading of the excavated area. Payment shall be made under: Item No. 120-1 - Regular Excavation - Per Cubic Yard Item No, 120-2-1 - Borrow Excavation (Fish Pond) - Per Cubic. Yard Embankment shall include the loading, transporting, compacting, and grading of the filled area. Payment shall be made cinder: Item No. 120-6 - Embankment Per Cubic Yard The above prices end payments shall constitute full compensation for all work described in Section 120. There will be no separate payment for additional requirements of Section 120. SECTION 160 - STABILIZING 160-1 Description The work specified in this section shall conform to Section 160 of the F.D.O.T.S.S.. The volume of soil required is included in the excavation and embankment quantities. This item is for the necessary amendments and working of the soil to prepare a suitable stabilized subgrade. 160-10 Basis of Payment Work and incidental costs specified as being covered under this Section will be paid for at the contract unit price per square yard satisfactorily completed and accepted. Payment shall be made under: Item No, 160-5 Type C Stabilization (6") - Per Square Yard Item No. 1601-5 - Type C Stabilization (12") - Per Square Yard SECTION 162 -TOPSOIL 162-1 Description The work specified in this section shall conform to Section 162 of the F.D.O.T.S.S.. The volume of soil required is included in the excavation and embankment quantities. This TECHNICAL SPECIFICATIONS 3 • item Is for the necessary amendments and working of the soil to prepare a suitable layer of topsoil. 1823 Basis of Payment Work and incidental casts specified as being covered under this Section will be paid for at the contract unit price per square yard satisfactorily completed and accepted, Payment shall be made under: Item No. 162-2 - Topsoil (6') - Per Square Yard SfECTION 344 - OPEH-oRADED EMULSIFIED MIX POROUS PAVEMENT 340 -1 Description: open Graded Emulsified Mix Porous Pavement is a mixture of course mineral aggregate mixed at air temperature with a heated polymer modified emulsified asphalt. This is $aid on a prepared road base to the required depth and width. Aggregate from stock pile dumped directly into the front of machine. Aggregate is fed at a controlled rate by beat conveyor to pug mill mixer where it is mixed with chosen bitumen, pumped at metered rate. Mix is discharged at rear of mixer and spread toy augers In front of vibratory screed which lays mixed material to desired thickness. 344-2 Materials: Emulsion: Latex'MPAE, such as provided by Florida Highway Products, P.O. Dox 928, Bartow, Florida 33831, (941) 533-7881. The bituminous materials used for mixing shall meet the requirements for Cationic Asphalt Emulsion. The Cationic mixing grade emulsion shall be homogenous and of high quality. The material shall be prepared from straight -run Venezuelan asphalt of high ductility and shall contain a rubber hydrocarbon additive derived from latex in addition to carefully controlled amounts of selected Naphtha. Cationic Asphalt Emulsion Material Designation est Latex MPAE Uri, max Viscosity, Saybolt Furol, 77F(25C) Sec. Viscosity, Saybolt, 122F(50C) Sec. 50 Storage Stability Test, 1 Day (Difference in percent Residue) - Classifiration Test Stone Coating Test Satisfactory Particle Charge Test Positive Sieve Test, percent 0.10 TECHNICAL SPECIFICATIONS i.. 6-1 r Cement Mixing 65 - Residue by Distillation, percent Oil Distillate, Volume Total, percent - 12 Test ongR��r��,A from C?istipg'on Test Penetration, 77F(25C), 1008, 5 Sec. 100 250 l Jest it 1Dase for Emu %on: Penetration 77F(25C), 11009, 5 Sec. 900 200 Solubility in trichloroethylene, percent 0 - Ductility, 77F(25C), 5 cm/min, cm 1000 - Flesh Point F 350 (C) Typical AOnlicatio_n_ Cold Mixes Penetration Note (2) Macadam Sugge§ted Te i2firdUMARW Mixing F 100-170 (3L-77) (C) Spraying F 130-170 (C) (5477) 2. Aggregates to be No. 57 or 67 Limestone, DOT approved (less than 5% shell). 340-3 Mixing Equipment: The Cold Mix Paver shall be a Midland type and shall be self-propelled mobile plant designed and built to mix and place cold bituminous mixtures in one continuous operation from eight (8) to eighteen (18) feet wide and to nine (9) inches deep. Hopper. ■ Capacity: 4 cu. yds. Type: Butterfly folding hopper, hydraulically actuated. Belt feeder with calibration gate: 1111111 Constant speed belt runs at 75 FPM. ■ Calibrated strike -off gate may be set from 2" minimum to 7" maximum. ■ Hydraulic drive. Pug Mill: F1 i wisi 4' -dquare aiivy sieei shahs. E Mixing capacity 400 tons per hour. M Hydraulic drive. Bitumen system: ■ 2,200 gallon storage tank. ■ Vari-flo pump 0-190 GPM hydraulically powered. ■ Positive displacement flow meter with GPM indicator and totalizer. ■ Hydraulically actuated full circulating spray bar. ■ '/4" perforation strainer. Screw conveyors: ■ Variable speed hydraulic drive. TECHNICAL SPECIFICATIONS 5 Im i ■ 18" diameter. ■ 18" pitch, ■ Variable speed 5-35 RPM. a 3 flight. Screed: N Force adjustable from 0 to 5,000 lbs. Weight: 2,000 leas, to 10". rl Crown adjustment 3" positive to %" negative. M Width standard 10'; cut-off plates to 8' included and extensions to 12' included - extra extensions optional. Traction Drive: F1 Motor: Fixed displacement hydrostatic, powered by a variable displacement hydraulic pump. IN 2 -speed Rockwell Standard transmission. ki Axle: Rockwell Standard transmission. 0 Brakes: Dual actuated hydraulic, Stopmaster 15-%° x 4". N Tires: 4-15.5 x 22.5 tubeless pneumatic. la Paving speeds: low gear 0-124 FPM. a Travel speeds: high gear 0-8.5 MPhi forward or reverse. Engine: ® Caterpillar D330C turbo -charged. 0 165 hp @ 2200 rpm operating speed. U 2 -stage air filter. 340-4 Construction Weather Limitations: Bituminous material or mixture shall not be applied on any soft surfaces, when the temperature of the surface on which the mixture is to be placed is below 45°F. Or when other weather conditions would prevent proper construction of the pavement. Preparation:. The roadway surface to be covered shall be free from holes, depressions, bumps, waves and corrugations. Any unsuitable surface areas shall be repaired by replacement of the unstable materiais or a material to produce a tight surface having the same elevation as the surrounding surface. The roadway surface shall be graded to the desired olevation and width and compacted.. Laboratory and field tests of base course shall be submitted and approved prior to initiation of paving operation. 3. Mixing and Spreading: The aggregate and asphalt shall be thoroughly mixed at a rate of 15 gallons of Cationic Emulsion per ton of gravel, so that the bituminous material is uniformly distributed throughout and all aggregate particles are uniform.y coated. TECHNICAL SPECIFICATIONS W W 4D h I L The mixture shall be deposited on the prepared base at the back of the travel mixer and spread in a uniform Payer so as to produce the specified thickness after compaction. 4. Compaction; After spreading, the mixture shali be thoroughly and uniformly compacted with a self-propelled steel -wheeled roller to obtain a thoroughly compacted pavement. The roller shall be a 8-12 tori, steel -wheeled type. 5. Blotting: immediately after compacting the mix a fine aggregate may be uniformly spread at a rain not tri exceed 12 Ifra.ls.y.. Blotting may be necessary to prevent tracking and may allow roadway to be opened to traffic sooner. If roadway is blotted, a final compaction is required. 340-5 Basis of Payment Work and incidental costs specified as being covered under this Section will be paid for at the contract unit price for quantities satisfactorily completed and accepted. Payment shall be made under: Item No. 340 - Open -Graded Emulsified Mix Porous Pavement (3") - Per Square Yard SECTION 425 - INLETS, MANHOLES AND JUNCTION BOXES 425-1 Description The work specified in this section shall conform to Section 425 of the F.D.0,T.S.S.. 425-5 Basis of Payment Work and incidental costs specified as being covered under this Section will be paid for at the contract unit price per each satisfactorily completed and accepted. Payment shall be made under: item No. 425-'i-527 - inlet (I ype G, XIV) - Per Each Item No. 425-1-571 - Inlet (Type G, C10') - Per Each SECTION 430 - PIPE CULVERTS AND STORM SEWERS 430-1 Description The work specified in this section shall conform to Section 430 of the F.D.O.T.S.S.. TECHNICAL SPECIFICATIONS 7 4301-13 Basis of Payment Work and incidental costs specified as being covered under this Section will be paid for at the contract unit price per linear foot satisfactorily completed and accopted. Payment shall be made under: Item No. 430-11-323 - Concrete Pipe Culvert (15") - Per Linear Foot Item No. 430-11-338 - Concrete Pipe Calvert (36") - Per Linear toot Item No. 430-34-345 -Bituminous Coated Corrugated Steel Pipe (72") - Per Linear Foot Item No. 430-81-325 - Corrugated Aluminum Pipe (18") - Per Linear Foot Item No. 430-84-321 - Corrugated Aluminum Pipe (12") - Per Linear Foot Item No. 430-142-103 - Elliptical Concrete Pipe (19" x 30") - per Linear Foot Item No. 430-142-104 - Elliptical Concrete Pipe (24" x 3811) - Per Linear Foot Item No. 430-982-325 - Mitered End Section (18") - Per Each Itom No. 430-982-403 - Mitered End Section (19" x 30") - Per Each Item No. 430-982-404 - Mitered End Section (24" x 38") - Per Each Item No. 430-984-238 - Mitered End Section (36") - Per Each SECTION 542 CONCRETE BUMPER GUARDS 542-1 Description The work specified in this section consists of the construction of concrete bumper guards in accordance with the dimensions and notes shown on Index No. 300 of the Florida Department of Transportation's Roadway and Traffic Design Standards. 542-2 Materials All work under this section shall be of Class I Concrete as specified in Section 347 of the h'.D.O.T.S.S. Steel Reinforcement, where called for. shall conform to the requirements specified in Section 415. 542-5 Basis of Payment Work and incidental costs specified as being covered under this Section will be paid for at the contract unit price per each satisfactorily competed and accepted. Payment shall be made under: Item No. 542-70 Concrete Bumper Guards - Per Each TECHNICAL SPECIFICATIONS ", 40 M SECTION 545 RETAINED EARTH WALL 545-1 Description The work specified in this Section shall consist of the construction of Retained Earth Walt In accordance with the dimensions and notes shown on the plans. 545-2 Materials Modular concrete units shall be machine made from Portland Cement, water, and mineral aggregates such as those provided by KEYSTONE SOUTH, (407) 774-0744. Connecting pins, adhesive, leveling and pad material, unit fill and backfill material, geogrid, and all other components shall be as provided or recommended by the modular concrete unit manufacturer. 545-3 Construction Methods Foundation shall be prepared, units installed, and backfilled in accordance with manufacturers requirements to provide a complete installation. The manufacturer shall provide the design and details for construction, and shall submit the same for review and approval by the ENGINEER prior to delivery of materials to the site. 545-6 Basis of Payment Work and incidental costs specified as being covered under this Section will be paid for at the contract unit price per square foot satisfactorily completed and accepted. Payment shall be made Binder: Item No. 545-70 Detained Earth Wall - Per Square Foot SECTION 570 GRASSING (BY SEEDING) 570-1 'Description The work specified in this section shall conform to Section 570 of the F.D.O.T.S.S.. 570-7 Basis of Payment 'work aria incidental costs specified as being covered under this Section will be paid for at the contract unit price for the quantities satisfactorily completed and accepted. Payment shall be made under: Item No. 570-1 Seeding (Bahia) - Par Square Yard Item No. 570-0 Water for Grass - Per Thousand Gallons The above price and payment shall constitute full compensation for all work described in Section 570 induding the cost of fertilizing, seeding, watering, and complete maintenance of the sodded areas until accepted by the County. TECHNICAL SPECTFTCATIONS E-1 S'ECT10N 573 - HYDRO -SEEDING 573-1 Description The work specified in this Section shall consist of all materials, labor, equipment, and supervision necessary to apply a slurry of seed, fertilizer, and mulch to establish a healthy stand of grass. All sloped areas, such as berms, swales, and banks shail be grassed by hydro -seeding. 573-2 Materials The type and quantity of grass seed shall be as spPofied in Index 1x14 of the F,D.UT.D.S. and shall conform to the requirements of Section 98'1 of the F,D.O.T.S.S.. Tire mulct -1 snail be a wood cellulosu fiber especially prepared for use in hydro -seeding, such as the material supplied by Terra -Mulch (800) 72.6-6414 and shall be applied in the slurry mixture at the rates recommended by the manufacturer for the slopes being covered. The fertilizer shall conform to the requirements of vection 982 of the F.D.O.T.S.S., and shall be applied in the slurry mixture at a rate of 1000 pounds per acra. 573,3 Construction Methods The proportions of seed„ mulch, and fertilizer shall be mixed with water and other appropriate components, such as time tacking agents and growth stimulants, and be applied vr{th equipment specifically designed for mixing and applying the slurry. Thiu slurry shall be uniformly applied over the area being covered and provide the specified rates of application. Worst shall be accordance with the directions of the hydro -seeding equipment manufacturer, and the material supplier. 573-4 Basis of Payment Work and incidental costs specified as being coverod under this Section will be paid for at the contract unit price for the quantities satisfactorily completed and accepted. Payment shall be made under: Item No. 573-1 hlydro-Seeding (Bahia) - Per Square Yard The above price and payment shall constitute full compensation for all work described in Section 575 incivaing the cost of tertilizing, seeding, mulching, watering, and complete maintenance of the sodded areas until accepted by the County. SECTION 575 - SODDING 575-1 Dascription The work specified in this section shall conform to Section 575 of the F.0.0.T.S.S.. 675.5 Basis of Payment Work and Incidental costs specified as being covered under this Section will be paid for TECrrNICAL SPECIFXCIMONS 10 i i at this contract unit pdoe per square yard satisfactorily completed and accepted. { Payment shall be made under: Item No. 575-1-1 Sodding (Bahia) - Per Square Yard The above price and payment shall constitute full compensation for all work described in Section 575 including the cost of fertilizing, sodding, watering and complete maintenance of the sodded areas until accepted by the County. SECTION 630 CONDUIT 630-1 Scope The work specified in this section shall conform to Section. 630 of the F.D.O.T.S,S.. 630-6 Basis of Payment Work and incidental costs specified as being covered under this Section will be paid for at the contract unit price per linear foot satisfactorily completed and accepted. Payment shall be made under: Item No. 630-1-13(2) Conduit (Under Pavement, 2", SCH 40 PVC) - Per Linear Foot Item No. 830-1-13(4) Conduit (lander Pavement, 4°, SCH 40 PVC) - Per Linear Foot SECTION 700 - HIGHWAY SIGNING 700-1 Description The work specified in this section shall conform to Section 700 of the F.D.4.T.S.S.. 700-11 Basis of Payment Work and incidental costs specified as being covered under this Section will be paid for at the contract unit price per assembly satisfactorily completed and accepted. Payiiiv,-u Si"iaii bn siiddtr under. Item No. 700-40-1 Sign Single Post - Per Assembly SECTION 711 - THERMOPLASTIC TRAFFIC STRIPES AND MARKINGS 711.1 Description The work specified in this section shall conform to Section 711 of the F.D.O.T.S.S.. TECHNICAL SPECIFICATIONS L1 40 711-10 Basis of Payment Work and incidental costs specified ,as being covered tinder this Section will be paid for at the contract unit price for quantities satisfactorily completed and accepted. Payment shall be made under: Item No. 711-3 Pavement Messages,. Thermoplastic (4" White), HIC. Symbol - Per Each Item No. 711- 35-61 Solid Trak Stripe, Thermoplastic (White) (6") - Per Linear Foot Item No. 711-39-61 Solid Traffic Stripe, Thermoplastic (Blue) ((Y) - Per linear Foot kJ TECHNICAL SPECIFICATIONS � 12 w r 40 SUBSOIL INVESTIGATION OF INDIAN RIVER COUNTY � SHOOTING RANGE FOR INDIAN RIVER COUNTY � PUBLIC WORKS INDIAN RIVER COUNTY, FLORIDA JUNE 1998 FELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. • �1 KSM KELLER, SCHLEICHER & Mac WILLIAM ENGINEERING P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 I June 16, 1998 George McGuire Indian River County 1840 25`I' Street Vera Beach, Florida 32960 Reference•: Indian River County Shooting Range Indian River County, Florida KSM 981277 Dear Sir: AND TESTING, INC. SEBASTIAN (561) 589.0712 MELBOURNE (497) 768-8488 FAX (561) 589-6469 As requested, KSM Engineering & Testing, Inc. has performed an investigation at the referenced site. Presentation of the data gathered during the investigation, together with our geotechnical related opinions, are included in this report. A. Site Description: The 318.7 acre site is located off 102"" Avenue in Indian River County. It is immediately west and adjacent to X L Vision and east of I-95. The site was covered with trees and moderate to thick underbrush. Therefore, some paths had to be cleared to access the site. B. Project Description: The proposed project will consist of a recreation shooting ranae. 40 KELLER, SCHLEICHER & Mac WILLIAM ENGINEERING AND TESTING, INC. P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (561) 589-0712 MELBOURNE (407) 768.8488 FAX(561)589-6469 Shooting Range -2- June 16, 1998 C. The scope of our study consisted of the following:. 1. Performed two (2) constant head permeability tests in the field along with a 7' deep test boring at each location. Also, obtained a Shelby tube soil sample and performed a constant head horizontal permeability test in our laboratory on the samples for each boring location. Calculated the permeability coefficient 'K' value and also estimated the normal wet -season water table and projected wet season water table at each location. 2. Performed sixteen (16) soil borings in the locations given to K.S.M. by your office, fourteen (14) to a depth of ten (10) feet and two (2) to a depth of twenty (20) feet to evaluate the soil suitability for on-site fill. A. Engineering Evaluation: Based on the information obtained from this site investigation we are pleased to offer the following evaluation: 1. Groundwater 6 Soil Permeability: The cRisting yLaus,dwaLer table was measured in the test holes at depths of 38" to 40" below existing grade. This water table will rise throughout the year, primarily due to seasonal variation in rainfall. Yearly rainfall is generally from 50 to 55 inches, with almost two- thirds of this value occurring during the summer and early fall. September generally has the most rainfall followed by June, October and August. The period of least rainfall occurs from November to April. W W 40 r SM I KELLER, SCHLIEICHER & Mac WILLIAM ENGINEERING AND TESTING, INC. RO. BOX 78-1377. SEBASTIAN, FL 32378-1377" SEBASTIAN (581) 588.0712 MELBOURNE (407) 76B-8488 FAX (561) 569.6469 shooting Range -3- June .16, 1998 Based on this investigation and our interpretation of existing site conditions, we prepared the following table for the boring locations indicating the measured water table and normal high seasonal water table. The location of the boring holes are indicated on the attached location plan in the appendix. ---------------- Water Table Below Existing Grade Percolation Location ---------------- P1 P2 2. Roadwms Existing ---------------- 4011 38" Wet Season ----------------- 411 loge The material below the proposed roads is suitable to support the roads. We did not find material (muck, silt, etc.) that would require any modification. Therefore, the roadways may support a flexible pavement. The minimum pavement design should include the following: Clear the roadway area of any surface debris, including vegetation, roots and organic matter. The cleared areas should be graded level and proofrolled. Any soft yielding areas shall be excavated and repincod with clean compacted fill. Sufficient passes should be made during compaction operations to produce a density no less than 95 percent of its modified proctor value (AASHTO T180) to a depth of two feet. Additional fill shall consist of clean granular sand containing less than 8% material passing the U.S. Standard No. 200 mesh sieve and placed in loose layers of 12" and compacted to the above densities. A minimum of six inches of suitable clayed soil having a Florida bearing value (F.B.V.) of 50 should be used for the stabilized subgrade and compacted to 98 percent of its modified proctor value (AASHTO T180). We estimated that the existing material found will have a F.B.V. value of 20. Therefore, considerable marl would be required to satisfy a F.B.V. of 50. 46 KELLER, SCHLEICHER & Mac1NILLIAM ENGINEERING AND TESTING, INC. R(Q. BOX 78-1377, SEBASTIAN!, FL 32978-1377 SEBASTIAN (561) 589.0712 MELBOURNE (4 07) 769-8488 FAX(581)589.6469 Shooting Range -4- June 16, 1998 A minimum of six inches of cemented coquina rock (LBR 100) or limerock should be used for the road base and compacted to 98% percent of its modified proctor value (AASHTO T180) . A minimum of 1611 separation should be maintained between the bottom of the base and the high seasonal groundwater table. The asphalt wearing surface should consist of 1--112" minimum- of Type S-1 or S-3 in accordance to the `Florida Department of Transportation Standard Specifications for Road and Bridge Construction'. 3. Boxing, L :_ The boring logs indicate the subsurface conditions are generally well drained soils consisting mostly of gray and brown sand. No "muck" or other unsuitable soils were encountered in the test borings except for the typical surface vegetation soils. Based on our site investigation, the existing soils are considered satisfactory as structural fill and road construction. Also, with proper site preparation, the soils should be able to support the proposed structures on conventional shallow footings. E. Site Preparation: : The proposed building area and areas to be paved, plus a minimum margin of five feet beyond the proposed construction shall be stripped and grubbed of any remaining surface debris, inc:luLuily vegetation, roots and organic matter. The buiiding area should be graded level and proofrolled. Any soft yielding areas shall be excavated and replaced with clean compacted fill. Sufficient passes should be made during compaction operations to produce a density no less than 95 percent of its modified dry Proctor value (ASTM D 1557) to a depth of two feet. 4W 11 SlYl KELLER, SCHLEICHER & Mac WILLIAM ENGINEERING AND TESTING, INC. r' P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (561) 589-0112 MELBOURNE (407) 768-B488 PAX(561)589-6469 Shooting Range -5- June 16, 1998 r After the exposed surface has been proofrolled, the building and pavement areas may be filled to the desired grades. Additional fill material shall consist of clean granular sand containing less than 8% material passing the U.S. Standard No. 240 mesh sieve. Structural fill should be placed in uniform loose layers of 12 inches in thickness and compacted to at least 95 percent of its Modified dry proctor value (AASTO T 180). 6 F. Foundation: Provided that our recommendations for site preparation are followed, any proposed structures may be supported on conventional concrete, steel reinforced footings designed for an allowable soil bearing pressure of 2,000 pounds per square foot, or less. With the foundation properly designed and the site properly prepared, we anticipate total settlements less than 1/2 of an inch. The majority of the settlement should occur during construction. G. Closure: The field data supporting the above analysis is found in the appendix. This report has been prepared in accordance with generally accepted soil and foundation engineering practices based on the results of the test borings. We are pleased to be of assistance to you on this phase of your project. When we may be of further service to you or shnnl.ri Vou have any questions, please feel free to call. Respectfully, n %' , I i R nald MacWilliam P esi n Project Manager r •�� A y 40 I� 0 z o c� n 0 z m �L G) O A a r A Z ,ti 102HO TCRRACCIJ PRnJEM: INDIAN COIJ SHELT1 of, r III PH"C f is 2alvY FUl Vd, ; Yprak7G Ill 4 s �r V � ,%�ifF • p ' Y ,SIOOTINC I?AoV(,,'k, �� _�� 1!i•AAif Ili I /� IID 407-768-6488 RP" W-569-0717 RLLLER, SCIRLCla A W-WI11AY IHGW OMG MI) 1E`SUM% 4IC. I°.11. ilik M-IS7Y SCLPMAIAH, IIA DAILA, O -°3o •a'AII Nt!YA' r SM KELLER, SCHLEICHER & Mac WILLIAM ENGINEERING AND TESTING, INC. P.O. BOX 78-1377, SEBASTIAN, FL 32978.1377 SEBASTIAN (561) 569.0712 MELBOURNE (407) 768-8468 FAX (551) 589-6469 USUAL OPEN -SOLE TEST DATE OF FEST: June 12, 1998 PROJECT NO. KSM 901277--1P CLIENT . Indian River County LOCATION Shooting Range Indian River County, Florida P--1, @ Baring 10 STARTING VOLUME - 85 ENDING VOLUME 81 TOTAL VOLUME USED (gals.) - 4 TOTAL ELAPSED TIME (mins.) = 10 Average Flow Rate (gpm) = .4 Diameter of Test Hole = 4 inches Depth to Water Table = 40 inches Depth of Teat - 7 fLeL K = HYDRAULIC CONDUCTIVITY (CFSISQ.FT. - FT. HEAD) = 1.07 E-4 k.. ob KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (561) 589-0712 MELBOURNE (407) 768.8488 FAX(561)589.6469 Date June 12, 1998 Location: Shooting Range Indian River County, Florida A-1, See Attached Location Plan Depth Strata in Feet From -To Description of Soil -D- Q" - 6" Gray Sand ----------------------------------------------------------- 6" - 19" Lt. Gray Sand -1- ----------------------------------------------------------- 19" - 24" Brown Sand -2- ----------------------------------------------------------- 24" - 43" Lt. Brown Sand -3- ----------------------------------------------------------- 43" 60" Gray Clayed Sand -4- - __----------------------------------------------------------- 60" - 84" Gra Cl aycd Sand wl�.... imil Fragments 6- --7--_---..-------------------------------------------------------- Water Table : 40" below existing surface Job #: KSM 981277-1A, u 64 W 40 KSM KELLER, SCHLEICHER & Mac WILLIAM ENGINEERING AND TESTING, INC. RO.BOX 78-1:377, SEBASTIAN, FL 329'78-1377 SEBASTIAN i58#1589.0712 MELBOURNE (407) 766.8488 FAX (561) 689-6469 LABORATORY PERMEABILITY - CONSTANT HEAD MTHOD [ASTM 2434) DATE OP TEST: June 13, 1998 PROJECT NO. KSM 981277 -Ph1 CLIENT Indian River County LOCATION Shooting Range Indian River County, Florida Ph -1, @ Boring 10 SAMPLE DESCRIPTION = Brown Sand DEPTH @ SAMPLE LOCATION = 22 INCHES LENGTH OF SAMPLE ALONG PATH OF FLOW = 6 INCHES DIAMETER OF SAMPLE 3 INCHES QUANTITY OF FLOW = 250 MILLITERS TIME INTERVAL OF TEST = 10 MINUTES DIFFERENCE IN HYDRAULIC HEAD ACROSS THE SAMPLE = 16 INCHES THE RESULTS ORTATwpn Fpc) OUR H=IZONTAL LABCRA�QKy PERMEABILITY . M 11 TEST, WHERE K IS THE COEFFICIENT OF PERMEABILITY = 9.7 FEET/DAY • al KELLER, SCHLEICHER & MacWILLIAIVI ENGINEERING AND TESTING, INC. P.O. BOX 75-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (561) 589-0712 MELBOURNE (407) 768-8488 FAX (561) 589.6469 t1SUAL OP9N-HOLE TEST DATE OF TEST: June 12, 1996 PROJECT NO. KSM 981277-2P CLIENT Indian River County LOCATION Shooting Flange Indian River County, Florida P-2, @ Boring 11 STARTING VOLUME - 70 ENDING VOLUME = 54 TOTAL VOLUME USED (gals.) - 6 TOTAL ELAPSED TIME (mins.) - 10 Average Flow Rate (gpm) = .6 Diameter of Test Hole = 4 inches Depth to Water Table = 3B inches Depth of Test = 7 f et K = HYDRAULIC CONDUCTIVITY (CFS/SQ-FT. - FT. HEAD) = 1.62 E-4 L4 b" 40 KELLER, SCHLEICHER & Mac WILLIAM ENGINEERING AND TESTING, INC. I P.O. BOX 78-1377, SEBASTIAN, FL 32878-1377 SEBASTIAN (561)589.0712 MELBOURNE (407) 768.8488 FAX (561) 589-6469 ( Date . June 12, 1999 ( r Location: Shooting Range Indian River County" Florida A-2, See Attached Location Plan Depth Strata in Feet From -To Description of Soil -0- 0" - 13" Gray Sand -i- ----------------------------------------------------------- 13" - 30" Lt. Gray Sand -'2 - ----------------------------------------------------------- 30" - 36" Brown Gray Sand -3- ----------------------------------------------------------- 36" - 70" 'Brown Clayed Sand -4- IMM ------------------------------------------------------------ --6- 70" - B4" Gray Clayed Sand w/Shell Fragments 7------------------------------------------------------------- Water Table : 38" below existing surface Job #: KSM 981277-2A KSM KELLER, SCHLEICHER & Mac WILLIAM ENGINEERING AND TESTING, INC. RO. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (561)589-071'2 MELBOURNE (407) 768-8468 FAX (561) 589.5469 LABORATORYRERMUMILITY — CONSTANT HEAD bMTHOD (ASTM 2434) DATE OF TEST: June 13, 1998 PROJECT NO. KSM 981277-Ph2 CLIENT Indian River County LOCATION Shooting Range Indian River County, Florida Ph -2, @ goring 11 SAMPLE DESCRIPTION - Gray Sand DEPTH @ SAMPLE LOCATION = 24 INCHES LENGTH OF SAMPLE ALONG PATH OF FLOW = 6 INCHES DIAMETER OF SAMPLE = 3 INCHES QUANTITY OF FLOW - 375 MILLITERS TIME INTERVAL OF TEST 10 MINUTES DIFFERENCE IN HYDRAULIC HEAD ACROSS THE SAMPLE 16 INCHES THE RESULTS OB'T'AINED FROM OUR HORIZONTAL LABORAT')RY PERMEABILITY TEST, WHERE K IS THE COEFFICIENT OF PERMEABILITY = 14.6 FEET/DAY 61 e � � -n { . ��. ■ - c� v -.. M Lrcfm0 KELLER, SCHLEICHER & Mac WILLIAM ENGINEERING AND TESTING, INC, P.O. BOX 78-1377„ SEBASTIAN, FL 32978-1377 SEBASTIAN (561) 599-4712 FMELBOUANE (407) 766-8488 FAX(561)509.6469 Date of Baring: June 2, 1998 Location: Shooting Range Indian River County, Florida B-1, See Attached Location Plan Depth Blows/ SFT -N Water in Ht. Description of Soil 6 in. Value Table -0- Gray Sand - 2 -1- -----------------------------------2---------------------- Brown Sand 3 5 -2- ----------------------------------------------------------- orange Silty Clayed Sand 4 -3- ----- w/Rock------------------------ 4--------------------�'- Gray Slightly Clayed Sand 5 9 ---- -4- w/Shell Fragments 37" 6 -5- 6 7 13 -6- --------------_..------.-_------------------------------------- Lt. Gray Slightly Clayed Sand 5 -7- w/Rock & Shell Fragments 7 8 15 -S---------------------------------..--------------------------- Brown Slightly Ciayed Sand 3 -l- ----------------------------------- 2 --.--_------------------- Gray Slightly Clayed Sand 5 7 -10- ----- w/Rock-----.------- ------------------------------------ Water Table: 37" below existing surface Water Table: 8" wet season Job # KSM 981277-1B w. L LM 4 40 4A KS KELLIER, SCHLEICHER & Mac WILLIAM ENGINEERING AND TESTING,, INC. RO. BOX 76-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (5 61) 589-0712 MELBOURNE (407) 768.84BB FAX (561) 589-6469 Date of Boring: ,lune 2, 1999 Location: Shooting Range Indian River County, Florida S-2, See Attached Location Plan Depth Blows/ SPT -N Water in Ft. Description of Soil 6 in. Value 'Table -0- Yellow Gray Sand 3 ' -1-- ----------------------------------- 4 --------..----------_-- Lt. Brownish Yellow Sand 5 9 -2- --------------------------------- ------------------------ Yellow Sand 5- -3- -----------------------------------4------------------- 331° Orange Sand 2 6 -4- ------------------------------------------------------------ Lt. Brown Sand 3 -5- ----------------------------------4----------------------- Gray Clayed Sand 5 9 -6- ------------------------------------------------------------- Brown Sand 4 -7- 5 4 9 -8- --------------------------------------------------------------- Gray Clayed Sand w/Shell 5 -9- Fragments 7 7 14 -10- ---------------------------------------------------------------- Water Table: 33" below existing surface Water 'Table: 12" wet, season Job 0 KSM 981277-2B dip • KELLER, SCHL,EICHER & MaaWIL.LIAM ENGINEERING AND TESTING, INC. P.O. BOX 78-1377, SEBASTIAN, PL 33978-1377 SEBASTIAN (551) 5e9-0712 MELBOURNE (407) 759-9499 FAX (561 ) 585.6469 Date of Boring: .Tune 2, 1998 Location: Shooting Range Indian River County, Florida B-3, See Attached Location Plan Depth Blows/ SPT -N Water in Ft. Description of Soil 6 in. Value Table --0- Gray Sand 5 -1- ----------------------------------- 5 ---------------------- Dark Gray Sand 6 11 -2--------------------------------------------------------------- Brown Gray Sand 7 -3- ------------------------------------7-------------------- V - Orange Sand 9 16 ---- -4------------------------------------------------------------ 44" Lt. Brown Sand 3 -5- --------------------------------------5----------------------- Gray Clayed Sand 8 13 -6- 7 -7- ----------------------------------- 8 -----------------_----- Brown Gray w/Traces of Clay 7 15 -8- 6 -9- ----------------------------------- 8 ----------------------- Gray Brown Sand 12 20 -10------------------------------------------------------------- Water Table: 44" below existing surface Water Table; 18" wec season ,lob H KSM 981277-38 46 r KS KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. 6 P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (561) 569-0712 MELBOURNE (407) 768-8486 FAX(561)589-8469 f' Date of Boring: June 11, 1998 i Location; Shooting Ranee Indian River County, Florida B-7, See Attached Location Plan Slows/ SPT -N dater Depth in Ft. Description of Soil b in. Value Table -0- Gray Sand . 2 -1- ----------------------------------- 2 ---------------------- Lt. Gray Sand 2 4 -2- --------------------------------------------------------- Lt. Brown Sand 2 ---� -3- 3 34„ 2 5 -4- ------------------------------------------------------------ Brown & Gray Sand Slightly 2 -5- Clayed 4 4 8 -5- 4 -7- -------------------------------------3------------------------ Gray Sand ciayed w/Shell 3 6 --8- Fragments 3 -9- 3 3 6 -10- ------_-------------------------------------------_----------- n water "Fable: 34" below existing surface Water Table: 2" wet season Job # KSM 981277--78 • • KELLER, SCHLEICHER & Mac WILLIAM ENGINEERING AND TEST!".G, INC. P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (561) 589-0712 MELBOURNE (407) 768-8498 FAX (561) 589-6469 Date of Boring: June 11, 1995 Location: Shooting Range Indian River County, Florida B-8, See Attached Location Plan Depth Blows/ SPT -N Water in Ft. Description of Soil 6 in. Value Table -0- Gray Sand 2 -1- ----------------------------------- 2 ---------------------- Lt. Gray Sand 2 4 -2- 17 -3- 3 30" 2 5 -4- ----------------------------------------------------------- Brown & Gray Sand Slightly 2 -5-- Clayed 3 3 6 - 6-- 3 -7- ----------------------------------- 2. ----------------------- Gray Slightly Clayed w/Shell 1 3 -8- fragments & Rack 3 --9- 2 3 5 -10------------------------------------------------------------- U water Table: 30" below existing surface water Table: 4" wet season Job # KSM 981277-$B M9 60 6. s F, S KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBAST;AN (561) 5B9.0712 MELBOURNE (407) 768-6466 FAX (561) 589-646'9 Date of Boring: June 11, 199B Location: Shooting Range Indian River County, Florida S-9, See Attached Location Pian Depth Blows/ SFT -N Water in Ft. Prescription of Sail 6 in. Value Table -0- Gray Sand 2 -1- ----------------------------------- 2 ---------------------- Lt. Gray Sand 3 17 -2- 3 - -3- ----------------------------------- 4 ------------------- 32„ Gray Clayed Sand 3 1 -4------------------------------------------------------------ Brawn Clayed Sand S -5- -------------------------------------4------------------------ Gray Clayed Sand w/Shell 4 B -6- Fragments 4 -7- 3 2 5 -8- 3 -9- 3 3 6 -10-----w-----------------------------------»_-------------------- Water Table: 32" below existing surface Water Table: 6" wet season Job # KSM 981277-9B 40 0 KELLER, SCHLEICHER & Mac WILLIAM ENGINEERING AND TESTING, INC. RO. BOX 78-1377, SEBASTIAN, FL 92978-1377 SEBASTIAN (say) 559.6712 MELBOURNE (407) 768-8468 FAX (561) 588-5469 Date of Boring: June 11, 1998 Location: Shooting Range Indian River County, Florida B-4, See Attached Location Plan Depth Blows/ SPT -N Water in Ft.. Description of Soil 6 in. Value Table -0- Gray Sand 1 -1- ----------------------------------- 2 ----------------------- Lt. Brown Sand 2 4 �-7r -2- V 2 ---- _--r-------------------------_1------------------- 30" Water Table: 30" below existing surface Water Table: &" ,jet season Job # KSM 981277-48 Gray Clayed Sand 4 5 -4---------------------------------------------------------- Lt. Brown Sand 4 -5- 1 1 2 -6- --------------------------------------------------------- Gray Clayed Sand w/Shell 2 -.7- Fragments 1 3 4 -B- 5 -9- 5 4 9 -10---------------------------------------------------------- Water Table: 30" below existing surface Water Table: &" ,jet season Job # KSM 981277-48 40 KSM KELLER, SCHLEICHER & Mac WILLIAM ENGINEERING AND TESTING, INC. f P.Q. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (561) 599.0712 MELBOURNE (407) 768.9489 FAX (561) 589-8469 Date of Boring: June 11, 1998 y Location: Shooting Prange Indian River County, Florida B-5, See Attached Location Plan Depth Blows/ SPT -N Water in Ft. Description of Soil 6 in. Value Table -0- Gray Sand 2 -1------------------------------------ 2 --_------------------- Lt. Brown Sand 2 4 -2- 3 V- -3 ----------------------------------- ------------4-------------------- 28„ Brown Sand 5 9 -4- 4 -5--------------'----------------------5------------------------- Brown Gray Slightly Clayed 5 10 -6- Sand 3 -7- -------------------------------------3------------------------- Gray Slightly clayed Sand 3 6 -g- w/Some Rocks & Shell Fragments 4 -g_ 3 3 6 -10--------------------------------------}------------------------ water Table: 28" below existing surface Watet Table: 4" wet season Job # KSM 981277-5B • rX347fil KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. PO. BOX 78A 377, SEBASTIAN, FL 32978-1377 SEBASTIAN (561) 589.0712 MELBOURNE (407) 768.8468 FAX (561) 589.6469 Date of Boring: June 11, 1998 Location: Shooting Range Indian River County, Florida B-6, See Attached Location Plan Depth Blows/ SPT -N 'Water in Ft. Description of Soil 6 in. Value Table -0- Gray Sand 2 -1- -----------------------------------2---------------------- White Sand 3 5 -2- -------------------------------------------------------- V - Lt. Brown Sand 3 -°------ -3- ----------------------------------- 4------------------- 32" Brown Gray Clayed Sand w/Rock 2 6 -4- 2 5- 3 3 6 -6- 3 -7- ----------------------------------- 3 ----------------------- Lt. Gray Clayed Sand w/Shell 4 7 -8- Fragments & Rock 4 -9- 1 2 3 -10- ------_------------------------------------------------------ Water Table: 32" below existing surface WaLer Table: 4" wet season Job H KSM 981277-6B C-3 F' r c m KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN 55611569-0712 MELBOURNE (407)768.8488 Date of Boring: June 11, 1998 FAX (561) 589-6469 i Location: Shooting Range Indian Diver County, Florida B-10, See Attached Location Plan Depth Blows/ SPT -N Water in Ft. Description of Soil 6 in. Value Table -0- Gray Sand 2 ----------------------------------- 2-..__--____-_--__---___ Lt. Brown Sand -2-------------------------------------�_3__---_---____--------- 17 Brown Sand 3 ---- -------------------2------------------- 30" Brown Gray Clayed Sand 6 B -4- 3 ----------------------------------- 2--_ ---------------------- Orange Gray Clayed Sand w/Some3 5 -f------Rock---------------------------------------------------- Gray Clayed Sand w/Shell 2 -7- Fragments 1 2 3 8- 2 -g_ 2 3 5 -1a- 2 11- 2 3 5 -12----------------------------__---_--------__----__-_-_--_------- White Sand with a Lot of 12. -13- Shell Fragments 20 31 5i -14- -15- 12 20 32 -15- 14 --17- 30 31 61 -18- 14 -19- 28 32 60 -20- -__--------.------------------------------.-------------------- I water Table: 30" below existing surface Water Table: fx" wet season Job # KSM 961277-IOB i S KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. PO. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (561)589-0712 MELBOURNE (407) 769-8488 Date of Boring: ,lune 11, 1998 FAX(564)589-6469 Location: Shooting Range Indian River County, Florida B-11, See Attached Location Plan Depth Blows/ SPT --N Water in Ft. Description of. Soil 6 in. Value Table -0- Gray Sand 3 _1_ ----------------------------------- 4___---___---__---___-_ Lt. Gray Sand 3 7 - 1 ---- -3- -- --------------------------------2-------------------- 30" Brown Gray Clayed Sand 3 5 2 _5_ 1 -6- --------------------------------_----2-------_--------------- Gray Clayed Sand w/Some 3 -7- Rocks 2 4 6 -S- 3 �- 4 4 8 -10- 4 FI1_ 6 6 12 -12 - -------------------------------- _--__-____-___-__-__--__---- White Sand with a Lot of 20 -13- Shell Fragments 17 23 40 -14- 24 -15- 30 37 67 -16- 27 31 30 61 -18- 31 -19- 34 40 74 -20- -------------------------------- . Water Table: 30" below existing ______________v____-- surface Water Table: 10" wet season Job 0 KSM 991277--118 40 f•'�CYI% KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. I ' P.Q. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (561) 589-0712 MELBOURNE (407) 768.8488 FAX (561) 589-6489 Date of Boring: June 12, 1998 Location: Shooting Range Indian River County, Florida B-12, See Attached Location Plan Depth Blows/ SPT -N Water in Ft. Description of Soil 6 in. Value Table •-0- Gray Sand 3 -1- ----------------------------------- 4----------_----------- Lt. Gray Sand 4 B _2- -3- -----------------------------------1-------------------- 28" Brown Gray Clayed Sand 3 4 -4-- 3 -5- 3 3 6 -6- 2 -7- ----------------------------------- 3 ----_------_------------- Gray Clayed Sand w/Shell 3 6 -8- Fragments 3 _g- 2 4 6 -10---------------------------{--------r_--------_----_----______ Water Table. 28" below existing surface Water Table; 1" wet season Job # KSM 981277-128 111 KSM KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. P.O. BOX 781377, SEBASTIAN, FL 32978-1377 SEBASTIAN (561) 589-0712 MELBOURNE (407) 768.0488 FAX (561) 609-6469 Date of Boring: June 12, 1998 Location: Shooting Range Indian River County, Florida B-13, See Attached Location Plan Depth Blows/ SPT --N Water in Ft. Description of Soil 6 in. Value fable -0- Gray Sand 3 ` -1 - -L--------------------------------_---2-_--_.._--------------- Lt. Brown Sand 3 5 Brown Sand 2 --V-- -3- -----------------------------------2------------------- 28" Brown Clayed Sand 4 6 -9- 3 -5- 3 3 6 -6- ----------------------------------------_------------------------ Gray Clayed Sand w/Shell 2 -7- Fragments 2 2 9 -8- 2 -9- 3 2 5 -10-- --------------------------------------------_------------------- Water Table: 28" below existing surface Water Table: 4" wet season Job # KSM 981277-13B C-1 S KELLER, SCHLEICHER & MaeWILLIAM ENGINEERING AND TESTING, INC. PO. BOX 78-1377, SEBASTIAN, FL 32978 -1 377 SEBASTIAN (561) 589.0712 MELBOURNE (407) 768-8488 FAX (581) 588-6469 Date of Boring: June 12, 1998 r Location: Shooting Range Indian River County, Florida B-15, See Attached Location [plan Depth Blows/ SP -N Water. in Ft. Description of Soil 6 in. Value Table -0- Gray Sand -1- ---------------------------------------------------------- Lt. Orange Sand 6 2- -------------..---.-__--_______--------------__._-___._ Orange Sand 2 ---- -3- ----------------------------------- 2------------------- 331, Gray Clayed Sand 9 6 -4- 3 -5- 5 3 8 _6_ ___________________________.._---___.._-------_----_----_-_-__ Gray Clayed Sand w/Shell 1 -7-- Fragments 2 2 A -8- 2 -9- 3 3 6 -1a- ----------------------------------------------------------- Water Table: 33" below existing surface Water Tahl a - 1_n" w --t- --;cavo, Job A KSM 981277-15B 4M KS KELLER, SCHLEICHER & MacWIILLIAM ENGINEERING AND TESTING, INC. P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (561) 588-0712 MELBOURNE (407) 788.8488 FAx (561) 589-8469 Date of Boring: June 12, 1998 Location: Shooting Range Indian River County, Florida B-14, See Attached Location Plan Depth Blows/ SPT -N Water in Ft. Description of Soil 6 in. Value Table -0- Gray Sand 3 ----------------------------------- 3 ----------------------- Lt. Gray Sand 4 1 Brown Sand -3- -----------------------------------3------------------- 30" Brown Gray Clayed Sand 4 7 -4- 2 _y_ 3 2 5 -6- -------------------------------------------------------------- Gray Clayed Sand w/Shell 3 --7- Fragments 3 2 S 3 _g_ 4 3 7 -10----------------------------------------------------------------- Water Table: 30" below existing surface Water Table: g" wet season Job # KSM 981277-14B Ld F-_3 KSM KELLER, SCHLEICHER & Mac`UU'ILLIAM ENGINEERING AND TESTING, INC. P.Q. BOX 78.1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (56 1) 589.0712 MELBOURNE (407) 768-8488 r FAX (561) 589.6469 Date of Boring: June 12, 1998 Location: Shooting Range Indian Rayer County, Florida B-16, See Attached Location Plan Depth Blows/ SPT -N Water in Ft. Description of Soil 6 in. Value Table -0- Gray Sand 3 -1------------------------------------3---------------------- Orange Sand 4 7 -2- -------------------------------------------------------- Lt. Brown 'Sand 4 ---- -3------------------------------------3-------------------- 34" Gray Clayed Sand 3 6 -4- 4 -5-------------------•-----------------4----------------------- Gray Clayed Sand w/Shell 4 8 -6- Fragments 2 -7- 2 4 6 -8- 2 -9- 3 4 7 -10- ------------ --------------------------------------------•----- Water Table: 34" below existing surfa;..e Water Table: 6" wpt :spA-Gen Job N KSM 981277-16B L J i INDIAN RIVER COUNTY WETLAND RESOURCE PERMIT Environmental Planning Section 1840 25th Street, Vero Beach, FL 32960 401/567-8000, Ext.249 APPLICANT: INDIAN RIVER, COUNTY 1840 25TH ST VERO REACH, FL 32960 PERMIT NUMBER- 98090044*005 PROJECT NAME: INDIAN RIVER SHOOTING RANGE PROJECT DESCRIPTION: RECREATION & HUNTFR EDUCATION PROPERTY OWNER'S NAME: INDIAN RIVER, COUNTY LOCATION OF ACTIVITY: Parcel Number: 00-30-38-06001-0250-00001.0 Property Address: 10455 102ND TER This WETLAND 'RESOURCE PERMIT is hereby issued for the above referenced project in accordance with Chapter 928 of the Indian River County Land Development Code. The above named applicant is authorized to perform the herein described activity in accordance with the specifications stated herein and in accordance with the approved submitted alteration plan. This permit does not absolve the applicant and/or property owner from the responsibility to satisfy state or federal regulations that may apply to the activity. GENERAL SPECIFICATIONS: The applicant shall conduct the activity in strict accordance with the criteria set forth in Section 928.06 of the Indian River County Land Development Code. 2. The applicant and/or the person to perform the wetland altera- tion shall arrange a field meeting with county environmental planning staff to review the proposed activity prior to altera- tion commencement. 3. The applicant shall notify county environmental planning staff upon completion of the activity, who shall inspect the property to confirm compliance with applicable county reQulationg 40 r r� INDIAN RIVER COUNTY WETLAND RESOURCE PERMIT Environmental Planning Section 1840 25th Street, Vero Beach, FL 32960 407/567-8000, Ext.249 SPECIFIC COMMENTS (as applicable): REVIEWING DEPARTMENT: PLANNING: ENVIRONMENTAL 1. In accordance with St. Johns River Water Management District Permit# 4 -061 -0174G -ERP and U.S. Army Corps of Engineers Permit# 19904088(IP-IS), this permit authorizes the filling of 8.13 acres of freshwater marsh. 2. In accordance with SJRWMD ERP permit# 4 -061 -0174G -ERP Specific Condition# 21, all watland areas or water bodies that outside the specific limits of construction, as depicted on the site plan, must be protected from erosion and siltation. To ensure that requirements of Specific Condition# 21 are met, erosion control measures shall be installed print to commencing site preparation and shall remain in place until all areas have been stabilized. DATE OF PERMIT ISSUANCE: 03/25/99 DATE OF PERMIT EXPIRATION: 03/25%00 wetl.letter SIGNATURE OF AU ORIZATION: Ah1E5 RO9ICH, AICP Environmental Planner Indian River County 40 LI INDIAN RIVER COUNTY 'FREE REMOVAL PERMIT Environmental Planning Section 1840 25th Street, Vero Beach, FL 32960 (561)567-8000, ex. 249 APPLICANT: INDIAN RIVER, COUNTY 1840 25TH ST VERO BEACH, FL 32960 PERMIT NUMBER: 98090044*004 PROJECT NAME: INDIAN RIVER SHOOTING RANGE PROJECT DESCRIPTION: RECREATION & HUNTER EDUCATION PROPERTY OWNER'S NAME: INDIAN RIVER, COUNTY LOCATION OF ACTIVITY: Parcel Number: 00-30-38-00001-0250-00001.0 Property Address: 102ND TER THIS TREE REMOVAL PERMIT is issued in accordance with Chapter 927 of the Indian River County Land Development Code. The above named applicant is hereby authorized to perform the herein described activ- ity in accordance with the specifications stated herein and provided for in Chapter 927. This permit does not absolve the applicant and/or property owner from the responsibility to satisfy state or federal regulations that may apply to the activity. GENERAL SPECIFICATIONS: 1. The applicant shall conduct the activity in strict accordance with the criteria set forth in Section 927.07 of the Indian River County Land Development Code; a copy of the permit shall be kept on-site while the activity is taking place. 2. The applicant and/or the person to perform the tree removal shall arrange a field meeting with county environmental planning staff to review the proposed activity prior to removal commencement. 3. The applicant shall notify county environmental planning staff upon completion of the activity, who shall inspect the property to confirm compliance with applicable county regulations. Page 1 of 2 s 0 INDIAN RIVER COUNTY 'TREE REMOVAL PERMIT Environmental Planning Section 1840 25th Street, Vero Beach, FL 32960 (561)567-8000, ex. 249 { INDIAN RIVER SHOOTING RANGE 98090044*004 Page 2 of 2 SPECIFIC CONDITIONS (AS APPLICABLE): REVIEWING DEPARTMENT: PLANNING.. ENVIRONMENTAL 1. This permit authorizes the removal of protected trees within the net buildable portion of the site, as depicted on the site plan. 2. The root zone/drip line of protected trees being preserved on site must be protected by temporary construction barriers. Tree protection barriers must be installed prior to commencing land clearing and shall remain in place until a certificate of occupancy has been issued. Tree wells are required if placement of fill threatens the viability of a protected tree being preserved on site.[927.12] DATE OF PERMIT ISSUANCE: 03/23/99 DATE OF PERMIT EXPIRATION: 03/23/00 (or expiration concurrent with the approved site plan/L.D.P., as applicable) tree.letter '��ATURE OF AUT�H `R,I�ZATY ON AiyIES ROSICH, AICP Environmental Planner Indian River County 40 INDIAN RIVER COUNTY LAND CLEARING PERMIT Environmental Planning Section 1840 25th street, Vero Beach, FL 32960 5610567-8000, Ext. 237 APPLICANT: INDIAN RIVER, COUNTY 1840 25TH ST VERO BrACH, FL 32960 PERMIT NUMBER- 98090044*003 PROJECT NAME: INDIAN RIVER SHOOTING RANGE PROJECT DESCRIPTION: RECREATION & HUNTER EDUCATION PROPERTY OWNER'S NAME: INDIAN RIVER, COUNTY LOCATION OF ACTIVITY: Parcel. Number: 00-30-38-00001-0250--00001.0 Property Address: 102ND TER THIS LAND CLEARING PERMIT is issued in accordance with Chapter 927 of the Indian River County band Development Code. The above named appli- cant is hereby authorized to perform the herein described activity in accordance with the specifications stated herein and provided for in Chp. 927. This permit does not absolve the applicant and/or pro- perty owner from the responsibility to satisfy state or federal regu- lations that may apply to the activity. GENERAL SPECIFICATIONS: 1. The applicant and/or the person to perform the land clearing shall arrange a field meeting with county environmental planning staff to review the proposed activity prior to clearing commencement, unless specifically notified that a field conference is not necessary. A copy of the permit shall be kept on-site during the land clearing activity. 2. The applicant shall notify county environmental planning staff upon completion of the activity, who shall inspect the property to confirm compliance with applicable county regulations. 3. Debris resulting from the land clearing activity shall be disposed of at an approved disposal facility within 60 days of clearing completion, or burned with an air curtain incinerator burn permit from the County Fire Division (or State Division of Forestry, as applicable), in accordance with County Code Chapter 925. 4. This land clearing permit requires that the subject property's pre -development storm water run-off discharge rate not be exceeded after the clearing operation is completed. This may require construction of temporary detention ponds or berms, and installa- tion of erosion control devices, such as silt screens and/or hay bales, in order to maintain pre -development drainage flow characteristics and to protect against sedimentation and turbidity in discharge waters. All drainage and erosion control measures required on the approved project site plan, as applicable, are in effect for this permit. 4P 0 r� INDIAN RIVER COUNTY LAND CLEARING PERMIT Environmental Planning Section 1840 25th Street, Vero Beach, FL 32960 561/567-8000, Ext. 237 INDIAN RIVER SHOOTING RANGE 98040044*003 Page 2 5. The person or company conducting the land clearing must be a licensed contractor registered in Indian River County to perform such work. The applicant is advised to contact Linda Jones in the County Building Division at 567-8000, ext. 288 to ensure that the land clearer has required licensing. SPECIFIC CONDITIONS (AS APPLICABLE): REVIEWING DEPARTMENT: PLANNING: ENVIRONMENTAL 1. This permit authorizes land clearing within the net buildable portion of the site in conjunction with the approved site plan. 2. In accordance with Conditions #4 and #5 of St. Johns River Water Management District Environmental Resource Permit# 4 -061 -0174G -ERP, erosion control measures shall be installed prior to commencing site preparation. Erosion control measures shall be maintained in gond condition and shall remain in place until a certificate of occupancy has been issued or until all cleared areas have been stabilized. 3. All nuisance exotic vegetation existing within the net area of development must be removed in conjunction with site preparation.t929.081 4. This permit does not authorize encroachment of construction equipment within any designated wetland/ upland edge buffer. Nuisance invasive vegetation shall be removed from all wetland/upland edge buffers by hand clearing techniques only. DATE OF PERMIT ISSUANCE: 03/23/99 DATE OF PERMIT EXPIRATION: 03/23/00 for expiration concurrent with approved site plan/L.D.P., as applicable) ATUR HORIZATION: U cc: County Engineer Current Develop. Staff AMES ROSICH, AICD (site plan/plat related Environmental Planner permits only) Indian River County lclr.letter i 4; 1 ST. JOHNS RIVER WATER MANAGEMENT DISTRICT post Office Box 1029 Palatka, Florida 32176-1429 PERMIT NO. 4 -061 -0174G -ERP DATE ISSUED September 8, 1998 PROJECT NAME: INDIAN RIVER COUNTY SHOOTING RANGE A PERMIT AUTHORIZIFG: CONSTRUCTION OF A SURFACE; WATER MANAGEMENT SYSTEM To SERVE A PROPOSED SHOOTING RANGE LOCATED IN INDIAN RIVER COUNTY. LOCATION: Section 25 26, Township 31 South, Range 36 East Indian River County ISSUED TO: (owner) INDIAN RIVER COUNTY 1840 25Tii ST. VERO BEACH, FL 32960 Permittee agrees to hold and save the St. Johns River Water Management District and its successors harmless from any and all damages, claims, or liabilities which may arise from permit issuance. Said application, including all plans and specifications attached thereto, is by reference made a part hereof. This permit does not convey to permittee any property rights nor any rights or privileges other than those specified herein, nor relieve the permittee from complying with any law, regulation or requirement affecting the rights of other bodies or agencies. All structures and works installed by permittee hereunder shall remain the property of the permittee. This Permit may be revolted, modified or transferred at any time pursuant to the appropriate provisions of chapter 373, Florida Statutes: PERMIT IS cn"- ITTl NEN V?W-)9 see conditions on attachad "Exhibit A", dated September 8, 1998 AUTHORIZED BY: St. Johns River Water Management District Department source Management Govein rQ "W - By : By,— ( C R} (AS ST 5 Y ,TEFF ELLEY DI hAN C-] v „EiiHI13I'1 A„ CONDITIONS FOR ISSUANCE OF PERMIT x,fKBER 4 -061 -0174G -ERP f INDIAN RIVER COUNTY DATED SEPTEMBER 6, 1998 1. All activities shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitter) activity and the conditions for undertaking that activity shall constitute a violation of this permit. �. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications, shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 3. Activities approved by this permit shall be conducted in a manner which do not cause violations of state water quality standards. ti_ 4. Prior to and during construction, the permittee sha11 implement and maintain all erosion and sediment control measures (best management practices) required to retain sediment on-site and to prevent violations of state water quality standards. All practices must be in accordance with the guidelines and specifications in chapter 6 of the Florida, Land Development Manual: A Guide to Sound Land and Hater Management (Florida Department of Environmental Regulation 1988), which are incorporated by reference, unless a project specific erosion and sediment control plan is approved as part of the permit, in which the practices must be in accordance with the plan. If site specific conditions require additional measures during any phase of construction or operation to prevent erosion or control sediment, beyond those specified in the erosion and sediment control plan, the permittee shall implement additional best management practices as necessary, in accordance with the specifications in chapter 6 of the Florida Land Development Manual: A Guide to Sound Land and Water Management (Florida Department of Environmental Regulation 1988). The permittee shall correct anv erosion nr ervxi,i^� that causes uuMimrse impacts to the water resources. 5, stabilization measures shall be initiated For erosion and sediment control on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 7 days after the construction activity in that portion of the site has tL-mporarily or permanently ceased. 40 5. At least 48 hours prior to commencement of activity authorized by this permit, the permitted shall submit to the District a Construction commencement Notice Form No. 40C-4.900(3) indicating the actual start elate and the expected completion date. 7. when the duration of construction will exceed one year, the permittee shall submit construction status reports to the nistrict on an annual basis utilizing an Annual Status Report Form No. 40L-4.9oo(4). These forms shall be submitted during June of each year. 8. For those systems which will be operated or maintained by an entity -which will require an easement or deed restriction in order to provide that entity with the authority necessary to operate or maintain the system, such easement or deed restriction, together with any other final operation or maintenance documents as are required by subsections 7.1.1 through 7.1.4 of the Applicants Handbook* Kanagement and Storage of Surface Waters, must be submitted to the District for approval. Documents meeting the requirements set forth in these subsections of the Applicants Handbook will be approved. Deed restrictions, easements and other operation and maintenance documents which require recordation either with the Secretary of State or the clerk of the circuit Court must be so recorded prior to lot or unit sales within the project served by the system, or upon completion of construction of the system, whichever occurs first. For those systems which are proposed to be maintained by county or rounicipal entities, final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local governmental entity. Failure to submit the appropriate final documents referenced in this paragraph will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system. 9. Each phase or independent portion of the permitted) system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to a local eovernment or other responsible entity. 10. Within 30 days after completion of construction of the permitted systeul, or independent portion of the system, the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing As built Certification Form 4OC-1.181(13) or 40C-1.181(ld) supplied with r this permit. When the completed system differs substantially from the permitted, plans, any substantial deviations shall be noted and explained and two copies of as -built drawings submitted to the District. Submittal of the completed form shall serve to notify the District that the system is ready for inspection. The statement of completion and certification shall be based on on-site observation of construction (conducted by the registered professional engineer, or other appropriate individual as authorized by law, or under his or her direct supervision) or review of as -built drawings for the purpose of determining if the work was completed in compliance with approved plans and specifications. As -built drawings shall be the permitted drawings revised to reflect any changes made during construction. Both the origifLal and au-iy revised speciftcations must be clearly shown. The plans must be cles+rly labeled as "as --built" or "record" drawing. All surveyed dimensions ayzd elevations shall be certified by a registered surveyor. The following information, at a minimum, shall be certified on the as -built drawings: A. Dimensions and elevations of all discharge structures including all weirs, slots, gates, pumps, pipes, and oil and grease skimmers; B. Locations, dimensions, and elevations of all filter, exfiltration, or underdrain systems including cleanouts, pipes, connections to control structures, and points of discharge to the receiving waters; C. Dimensions, elevations, contours, or cross-sections of all treatment storage areas sufficient to determine stage -storage relationships of the storage area and the permanent pool depth and volume below the control elevation for normally wet systems, when appropriate; D. Dimensions, elevations, contours, final grades, or cross-sections of the system to determine flow directions and conveyance of runoff to the treatment system; E. Dimensions, elevations, contours, final grades, or cross-sections of all conveyance systems utilized to convey off-site runoff around the system; v. Existing cater elevation(s) and the date determined; and G. Elevation and location of benchmark(s) for time survey. 11. The operation phase of this permit shall not become effective until the permittee has complied with the requirements of general condition No. 9 above, the District determines the system to b in compliance with the permitted plans, and the entity approved by the District in accordance with subsections 7.1.1 through 7.1.4 of the Applicants Handbook: Management and 4D i Storage of Surface Waters, accepts responsibility for operation and maintenance of the system. The permit may not be transferred to such an approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District, the permittee shall request transfer of the permit to the responsible approved operation and maintenance entity, if different from the permittee. Until the permit is transferred pursuant to section 7.1 of the Applicants Handbook: Management and Storage of Surface Waters, the permittee shall be liable for compliance with the terms of the permit. 12. Should any other regulatory agency require changes to the permitted system, the permittee shall provide written notification to the District of the changes prior to implementation so that a determination car: be made whether a permit modification is required. 13.. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and chapter 4OC-4 or chapter 40C-40, F.A.C. 14. The permittee shall hold and save the district harmless from any and all damages, claims, or liabilities which may arise by reason of the activities authorized by the permit or any use of the permitted system. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered specifically approved unless a specific condition of this permit or a formal determination under section 373.421(2), F.S., provides otherwise. 16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of the permitted system or the real property at which the vermitt_a7 cyat.a�m is located. Ali, transfers or ownership or transfersofa permit are subject to the requirements of section 4OC-•1.612, P.A.C. The permittee transferring the permit shall remain liable for any corrective actions that•may be required as a result of any permit violations prior to the sale, conveyance or other transfer. C-1 17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 18. if historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the District. 19. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. 20. This permit for construction will expire five years from the date of issuance. 21. All wetland areas or water bodies that are outside the specific limits of construction authorized by this permit must be protected from erosion, siltation, scouring or excess turbidity, and dewatering. 22. Within the wetland mitigation areas, non-native vegetation, cattails (Typha spp.) and primrose willow (Ludwiga peruvianna), must be controlled by hand clearing or other methods approved by the District so that Chey constitute no more than 10% of the areal cover in each stratum. 23. Prior to construction, the permittee must clearly designate the limits of construction on-site. The permittee must advise the contractor that any work outside the limits of construction, including clearing, may be a violation of this permit. 24. The proposed surface water management system must be constructed and operated in accordance with the plans received by the District on September 2, 1998 and as amended 4y-- -by the District on September 3, 1998 . 25. Mitigation must include all the activities described in the letter from lndian River county dated August 21, 1998 and received by the District on August 27,1998 and must be initiated within 30 days after request by the District staff.. 26. Lead movement prevention measures must be in conformance with the su'}? Itt al «cclved by i.he uistrict on July 16, 1990. 27. The permittee must monitor soil pH within the fallout zone on a monthly basis and report the results to the District quarterly. 4P 28. Within 30 days of parmit i5SU nCe the permittee roust submit to the District a plan for monitoring passible lead movement outside of the shotgun range fallout zone. The plan must include baseline and quarterly sampling at two points directly to the east and nest of the fallout zone. The plan must be approved in writing by the District and baseline monitoring must occur before the range is opened to f public use. The permittee must provide the results of each monitoring event to the District within 30 days of Lanni for ing . 7.9. Should monitoring reveal evidence of lead transport outside of the fallout zone, the permittee must apply for a permit modification with So days that would include additional measures to prevent lead transport, including but not limited to the placement of an impervious barrier in the soil at the edges of the fallout zone. O M DEPARTMENT OF THE ARMY PERMIT Permittee: INDIAN P.TVSR CQLINTX Permit Not 199804088(1P -IS) V g Army Snainear Distr, t Jacksonville NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. project Dengiotion: The placement of 8.13 acres of fill in wetlands for the development of a public shooting range. The work described above is to be completed in accordance with the three (3) pages of drawings and one (1) attachment affixed at the end of this permit instrument. pro e t Location: The project is located in Flemming Grant, Township 31 South, Range 38 East, Indian River County, Florida Latitude 4 Longitude: Latitude...... 27047'30" North Lungituce..... buU 3z,3U" West Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on January 29. 2044. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 40 r I Permittee: INDIAN RI'V'ER COUNTY Permit No: 19904068UP-IS) 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3, if you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of historic Places.. 4. if you sell the property associated with this permit, you must obtain the signature and the mailing address of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. S. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at any time deemz:d nece +. r tO u -aurO that it is being or has been accomplished in accordance with the terms and conditions of your permit. special Conditions: 1. The permittee agrees to repair four (4) breaches within an existing dike at the approximate location shown on the enclosed drawing, page 3 of 3 (Attachment #l). The repaired breaches will be compacted and seeded with bahia grass. The applicant agrees to inspect the condition of the restored dike semi-annually for five years and make necessary repairs to the dike within 34 days should the repairs fail. s Permittee: IMIAN RIVER COUNTY Permit No: 19904088(IP-Is) 2. The applicant agrees to submit a mitigation monitoring plan, within 30 days of issuance of this permit, for the wetlands enhanced/restored by the repair of the dike. The pian should include baseline information such as existing water elevations and plant communities. The pian will require written approval by the Corps and shall be initiated concurrently with the construction authorized by this permit. 3. The permittee agrees that all monitoring reports generated by the mitigation plan will be mailed to the Merritt Island Regulatory Field Office at 2460 North Courtenay Parkway, Suite 101, Merritt Island, Florida 32953. Each monitoring report must include the following items: (1) the Department of the Army Permit number, (2) the sequence number of the report being submitted, (3) the date the next report is expected to be submitted, and (4) a brief summary of the status of the mitigation including any problems encountered and the remedial actions taken. 4. As preventative measures for lead contamination at the project site, the permittee agrees to abide by the sJRWMD permit ##4 -061 -0174G -£RP special conditions numbers 26 through 29 (Attachment #2). 5. The applicant has agreed to develop an Eastern indigo snake protection/education plan for the review and approval of the Fish and Wildlife service at least thirty (30) days prior to the commencement of construction or clearing activities. The plan phni„Q-A Y -,e c*.tbmittz-A -%. the CiLLm,1Llun UT Wes Shockley, FWS, P.O. Box 2676, Vero Beach, Florida 32961-2676. A copy of all correspondence should be sent to the Merritt Island Regulatory Field Office (address as stated above). Further Information, 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: ( ] Section 10 of the Rivers and Harbors Act of 1999 (33 U.S.C. 403). C-3 A I Permittee: INDIAN RIVER COUNTY permit No: 19904086(IP-IS) Page -4 f (x) Section 404 of the Clean water Act (33 U.S.C. 1344) { y Section 103 of the Marine Protection, Research and Sanctuaries .Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. C. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal projects. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the united States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work.. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 40 0 Permittee: INDIAN RIVER COUNTY Permit Not 1.9904088(IP-TS) t 4. Reliance on Applicant's Data; The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. M 5. Reevaluation of permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that, could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 325.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as thesecXc..i find -'r,33 CFR 209.1-0-1) accompiish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions: General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. r 0 r Permittee: INDIAN RIVER COUNTY Permit No: 19904088(IP-IS) Page 6 i Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.. one index page and two (2) attachments [Drawings, SJRWMD permit), totaling twelve (12) pages, are affixed behind this signature page. 614 � : 117-9 (PE EE)k 04NET.11 Ff. MAIL ,_; GHA11jM&[DATE This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. (zSTR1 ENGINEER) (DATE) Joe R. Miller Colonel, U.S. Army When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terns and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANS FFR RR-crr_un^r vmo) ( DATE) (NAME -PRINTED) (ADDRESS) (CITY, STATE, AND ZIP CODE) ,r:, in 2;,ver 'Cou` iv I Astircvt7 I Ca'e . ^a F—Ikn RI R1" • • f Perinittee: INDIAN RIVER COUNTY Permit Not 19904088(IP-IS) r _ _ a Attachments to Department I 1j -i the Arm, Permit Number I99804088(IP IS) 1. PERMIT DRAWINGS: Three (3) pages, dated 9 Sept 98 2. WATER QUALITY CERTIFICATION: Specific Conditions of the water quality permit/certification in accordance with. General Condition number 5 on page 2 of this DA permit. Eight (8) paces. i po f 4 1 e WgAL 5 FELT pY, w `GMF � .. .uxuc. sil.rw+es lalVCv w;y11lNUTOM.P L ]0'N1 K4 ryYr10ly q AvuiWJ on ITOut�1 RW FXA" _. t*14 y IMiYWi1 pGAM 5A1R M1iJiI FEL 27 ERF— CLL. MT1�61C,IT8 COE ADPL 1 (} S AER APDL AML .1ST 1 }[-fIlrt3 .�.' DATE T DRAWING PAGE _ OF A 4D El • ILi. 4-0 � _"• ��•�r..,`'�-^�'` �r�} ,"{ � � O��I Phi C7 �, Jai a,•�: ry_-. • � `� i fY' �'i ,� . �: I 4, W 16 ,�I• r�° ,4;16. f { ii +i e i •,� ,ir �� r W rf11 -'a b fqc +t } 'I � _ .. � - - i '•" i 'vt,'e'�'i�' '.a'f 1� i� 1p (��[J�`�--\ w •� I iW;k Fj ;* ! �� y ', �� ter'• �µ a,} •'� w r